November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17679 SENATE—Wednesday, November 17, 2010
The Senate met at 9:30 a.m. and was on the motion to proceed to S. 3815, the girl who was so sick from eating spin- called to order by the Honorable TOM Natural Gas and Electric Vehicles Act, ach that was tainted. She has been UDALL, a Senator from the State of be withdrawn and that at 11 a.m. the hurt so badly for the rest of her life. New Mexico. Senate then resume the motion to pro- She was held back in school. Her body ceed to S. 3772 and immediately vote on is not what it should be. Her growth PRAYER the motion to invoke cloture on the has been stunted. So anyone who mini- The Chaplain, Dr. Barry C. Black, of- motion to proceed; further, that the mizes the importance of this legisla- fered the following prayer: Senate recess from 12:30 to 4 p.m. today tion does not understand how sick Let us pray. and that if cloture is invoked this these people get and how often they die O God of infinite goodness, confirm morning, then postcloture time con- as a result of food poisonings. Your past mercies to us by empowering tinue to run during any recess or ad- f journment of the Senate today. us to be faithful to Your commands. RESERVATION OF LEADER TIME Help our lawmakers this day to use The ACTING PRESIDENT pro tem- their understanding, affections, health, pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- time, and talents to do what You de- dered. pore. Under the previous order, the sire. May they strive to please You Mr. REID. Mr. President, I have spo- leadership time is reserved. with faithful service. Lord, rule their ken to Senator HATCH and Senator f MENENDEZ, who are the main sponsors hearts without a rival, guiding their MORNING BUSINESS thoughts, words, and works. Take pos- of this legislation. It is extremely im- session of their hearts and order their portant legislation. We are going to The ACTING PRESIDENT pro tem- steps by the power of Your loving prov- continue to work to get this done. This pore. Under the previous order, there idence. is a bipartisan bill. There is some dis- will now be a period of morning busi- We pray in Your sacred Name. Amen. pute as to what the pay-fors should be, ness until 11 a.m., with the time equal- ly divided and controlled between the f but it is something we should be able to work out, and hopefully we can do it two leaders or their designees, with the PLEDGE OF ALLEGIANCE before the end of this year. Whether we Senator from Iowa, Mr. HARKIN, con- The Honorable TOM UDALL led the can do that depends a lot on the sched- trolling 15 minutes; the Senator from Pledge of Allegiance, as follows: ule, but it is one of the most important Connecticut, Mr. DODD, controlling 15 I pledge allegiance to the Flag of the things we can do. It is job creating, minutes; and the Senator from Mary- United States of America, and to the Repub- great for the environment, and great land, Ms. MIKULSKI, controlling 5 min- lic for which it stands, one nation under God, for the security of this Nation. utes of the majority’s time. indivisible, with liberty and justice for all. Following any leader remarks, the Mr. REID. Mr. President, I suggest f Senate will turn to a period of morning the absence of a quorum and ask unani- mous consent that the time be equally APPOINTMENT OF ACTING business until 11 a.m. this morning, divided. PRESIDENT PRO TEMPORE with the time until 11 equally divided and controlled between the two leaders The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The or their designees. At 11 a.m., the Sen- pore. Without objection, it is so or- clerk will please read a communication ate will proceed to vote on the motion dered. to the Senate from the President pro to invoke cloture on the motion to pro- The clerk will call the roll. tempore (Mr. INOUYE). ceed to S. 3772, the Paycheck Fairness The assistant legislative clerk pro- The assistant legislative clerk read Act. If cloture is not invoked, the Sen- ceeded to call the roll. the following letter: ate will immediately proceed to vote Mr. VOINOVICH. Mr. President, I ask U.S. SENATE, on the motion to invoke cloture on the unanimous consent that the order for PRESIDENT PRO TEMPORE, motion to proceed to S. 510, the FDA the quorum call be rescinded. Washington, DC, November 17, 2010. Food Safety and Modernization Act. As The ACTING PRESIDENT pro tem- To the Senate: pore. Without objection, it is so or- Under the provisions of rule I, paragraph 3, a result of the order that was just en- of the Standing Rules of the Senate, I hereby tered, the Senate will recess from 12:30 dered. appoint the Honorable TOM UDALL, a Senator until 4 p.m. today. f from the State of New Mexico, to perform f RUSSIA AND THE NEW START the duties of the Chair. DANIEL K. INOUYE, FOOD SAFETY ACT TREATY President pro tempore. Mr. REID. Mr. President, I am not Mr. VOINOVICH. Mr. President, I Mr. UDALL of New Mexico thereupon going to give a long speech on food rise today to discuss the challenges assumed the chair as Acting President safety. I will say, however, how impor- America faces in our relationship with pro tempore. tant it is. Russia and their implications on the f I read a column today where someone Senate’s consideration of the new Stra- kind of minimized the importance of tegic Arms Reduction Treaty, known RECOGNITION OF THE MAJORITY this and why should the Senate be as START. LEADER working on this issue. I would invite A number of my colleagues on both The ACTING PRESIDENT pro tem- them to meet a number of people in Ne- sides of the aisle have spoken about the pore. The majority leader is recog- vada who had near-death experiences treaty’s impact on global nuclear non- nized. as a result of eating tainted food. That proliferation. I would like to use my f is what this legislation is all about. It remarks today to highlight my con- is something we should have done be- cerns about the treaty in the broader SCHEDULE fore. It is a real shame that we have context of: one, the Obama administra- ORDER OF PROCEDURE not been able to. I hope we can get this tion’s ‘‘Reset Policy’’ towards Russia; Mr. REID. Mr. President, I ask unan- done before we leave here this year. I and two, the new START treaty’s im- imous consent that the cloture motion cannot get out of my mind the little pact on our allies in Eastern Europe
● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17680 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 and the Baltic states. I believe these should not calculate how little we can Moscow seeks to regain its global stat- concerns must be addressed by the ad- get away with, but how much we can ure and be respected as a peer in the ministration before I can determine do to advance the cause of freedom.’’ international community. I do not my support for the treaty. There was concern at that time be- blame them. Over the last decade I have been an cause of the debate with Russia that President Obama’s May 2010 National ardent champion of NATO and have we would back off and not support fur- Security Strategy states: ‘‘We seek to worked diligently to increase member- ther expansion of NATO. build a stable, substantive, multi- ship in the alliance. I have also been I worked diligently from my first day dimensional relationship with Russia, active in improving our public diplo- as a member of the Senate in 1999 to based on mutual interests. The United macy in Eastern Europe through our extend NATO membership to my broth- States has an interest in a strong, expansion of the Visa Waiver Program ers and sisters in the former Captive peaceful, and prosperous Russia that at the request of our friends and allies Nations. I knew NATO membership respects international norms.’’ I agree in Central and Eastern Europe. That would provide these fledgling democ- with the administration. There is noth- legislation which the President signed racies safe harbor from the possible ing inherently wrong with this ap- on Visa Waiver was supported by both threat of new Russian expansionism. proach. our State Department and by our De- But I also knew the process of NATO There are indeed key areas where the partment of Homeland Security. expansion would enhance much more United States and Russia share com- In my remaining time in the Senate, than security in Europe. mon cause and concern: I will continue to work to strengthen As I noted in a speech on the Senate 1. Russia is a permanent member of the Visa Waiver Program which has floor on May 21, 2002, ‘‘While NATO is the U.N. Security Council and will con- improved our image in the world and a collective security organization, tinue to be essential towards any effec- strengthened our borders through formed to defend freedom and democ- tive multilateral pressure on Iran to shared best practices and enhanced in- racy in Europe, we cannot forget that give up its nuclear program. 2. Russia continues to have leverage telligence sharing with our partners common values form the foundation of on the North Korean regime and has and allies abroad. the alliance.’’ In other words, the foun- stated a nuclear-free Korean peninsula My passion for foreign relations dation of the Alliance is based on com- is in the interest of both our nations. stems in large part from my upbringing mon values. Russia continues to have leverage on as the grandson of Southeast European Democracy, the rule of law, minority the North Korean regime and has stat- immigrants. As an undergraduate at rights, these are among the values that ed a nuclear-free Korean Peninsula is Ohio University, my first research form the hallmark of the NATO alli- in the interest of both our nations. paper examined how the United States ance. No. 3, we are partners in the Inter- sold out Central and Eastern Europe One of my proudest moments as a national Space Station, relying on the and the former Yugoslavia to the Sovi- Senator was when I joined President Russians. Until the August 2008 inva- ets at the Yalta and Tehran con- Bush, Secretary of State Colin Powell, sion of Georgia, our government and ferences in 1943 and 1945. These states Secretary of Defense Rumsfeld, and U.S. industry were working hard on a would become the ‘‘Captive Nations’’ Chairman of the Joint Chiefs of Staff nuclear cooperation agreement with suffering under the specter of Soviet GEN Richard Myers at the NATO Sum- Russia similar to the one we entered domination, brutality, and oppression mit in Prague on November 21, 2002, into with India. In fact, I worked on for nearly 50 years. when NATO Secretary General Lord that with Senator LUGAR. I thought As a public official in Ohio, I re- Robertson officially announced the de- that was a good idea. With the world mained a strong supporter of the Cap- cision to invite Bulgaria, Estonia, Lat- economy as it is today, the worst thing tive Nations. During my tenure as via, Lithuania, Romania, Slovakia, and we can do is break off communication mayor of Cleveland, I joined my broth- Slovenia to become part of the Alli- and revert back to our Cold War posi- ers and sisters in the Eastern European ance. This was truly one of the most tions. President Obama’s trip to Mos- Diaspora to celebrate the independence thrilling days of my tenure as a Sen- cow last year and President Medvedev’s days of the Captive Nations at City ator. reciprocal trip to Washington in June Hall. We flew their flags, sang their Later that day, my wife Janet and I were opportunities to further engage songs, and prayed that one day the peo- were happy to attend a dinner in honor Russia and determine where we have a ple in those countries would know free- of Czech President Vaclav Havel at the symbiotic relationship and what we dom. Prague Castle. Following that dinner, can accomplish together for the good of We saw the Berlin Wall fall and the at 1:30 a.m. Prague time, I placed a call the international community. Iron Curtain torn in half thanks large to Cleveland to talk with my brothers However, I believe our reset policy in part to the leadership of Pope John and sisters at home with ties to these with Russia should not establish a rela- Paul II, President Reagan, and Presi- NATO aspirant countries. They had tionship with Moscow at the expense of dent George H.W. Bush. But even with gathered in the Lithuanian Hall at Our the former Captive Nations. We simply the end of the Cold War, I remain deep- Lady of Perpetual Help to celebrate do not know how our relationship with ly concerned that darker forces in Rus- that day’s historic events, and this was Russia will transpire during the years sia are reemerging as a threat to de- truly a capstone to years of effort. to come. Will Russia fully embrace a mocracy, human rights, and religious It is because of my long history and democratic government, free markets, freedom, not just for the Russian peo- work with the Captive Nations that I and the rule of law or will Russia seek ple but for the citizens of the newly continue to worry about the uncertain- to reestablish its influence over the freed Captive Nations. ties of our future relationship with former Soviet Union whose collapse This concern in 1998 during my ten- Russia. I have traveled to 19 countries then-President and now-Prime Min- ure as Governor of Ohio and Chair of during my 21 trips to the region as a ister Vladimir Putin described in 2005 the National Governor’s Association Senator. Presidents, prime ministers, as ‘‘the greatest geopolitical catas- prompted me to pursue an all-50 State and foreign ministers in Eastern Eu- trophe’’ of the 20th century? This is resolution supporting NATO member- rope have told me time and time again what Putin had to say about the dis- ship for the Czech Republic, Hungary, it is comforting for them to know their solution of the Soviet Union, a pretty and Poland. relationship with NATO and the United striking comment coming from the When I think about the importance States serves as a vital hedge against former President and now Prime Min- of NATO and our commitment to the the threat of a future potentially ex- ister. Captive Nations, I am inspired by pansionist Russia. This brings us to the topic of the new President George W. Bush’s speech on Yet now there is much talk from this START treaty, which the Senate may NATO expansion in Warsaw on June 15, administration about resetting the consider in the coming weeks. Amer- 2001. President Bush stated: ‘‘We U.S. bilateral relationship with Russia. ica’s grand strategy toward Russia
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17681 must be realistic. It must be agile. As alliance. Our friends and allies must weaponize its oil and natural gas re- I have said, it must take into account have absolute confidence negotiations sources as a means to expand its influ- the interests of our NATO allies. I am toward the new START treaty did not ence on Europe and the West. Russia deeply concerned the new START trea- include side agreements or informal has the largest reserves of natural gas ty may once again undermine the con- understandings regarding any Russian and the eighth largest oil reserves. fidence of our friends and allies in Cen- sphere of influence in those Captive Moscow turned off the tap to Europe in tral and Eastern Europe. Let me be ab- Nations. Moreover, I remain deeply the recent past. They could do it again. solutely clear: I do not ideologically concerned, even in the absence of We should also be concerned about oppose the administration’s non- agreements of understanding, that the Moscow using its control of oil and proliferation agenda. The President’s former Captive Nations may once again natural gas to pit members of NATO stated goal of a world without nuclear wonder: Will the West abandon us against each other. I know when I was weapons is noble, but I believe the Sen- again? Will agreement with Russia at the German Marshall Fund Brussels ate’s consideration of the new START once again be placed above the inter- forum this year and last, I spoke with treaty must be considered through a ests and concern of our allies? Will we our friends in the EU and encouraged wider lens that includes the treaty’s forget what happened after Yalta and them that rather than unilaterally ne- implications for our friends and allies Tehran? We cannot let this happen gotiating with Russia in terms of nat- in the former captive nations. again. ural gas, they should all come together Let’s talk about what is going on Second, the former Captive Nations and negotiate as a team so they right now. First, I am concerned about are also closely watching Russia’s mili- wouldn’t be pit against the other. Un- the uncertainties surrounding a Russia tary activities. Last September—and fortunately, most of them ignored that could revert back to a country nobody made a big deal out of it—Rus- that. seeking to expand its influence on the sia undertook Operation West, a mili- Finally, I am deeply troubled that Baltic States and Eastern Europe. tary exercise involving 13,000 troops the Obama administration has decou- President Medvedev’s February 2010 simulating an air, sea, and nuclear at- pled Russia’s human rights record from National Military Doctrine of the Rus- tack on Poland. Not much said about America’s bilateral relationship with sian Federation, released 2 months be- it. These war games, which took place Russia. The United States and Russia fore the conclusion of the new START during the 70th anniversary of Polish are both signatories of the 1975 Hel- treaty in April of this year, explicitly independence, were the largest Russian sinki Declaration, which clearly states labels NATO expansion as a national military exercises since the end of the that: threat to Russia’s existence and reaf- Cold War. If we look at the Russian Participating States will respect human firms Russia’s right to use nuclear military’s recent activity, one cannot rights and fundamental freedoms, including weapons if the country’s existence is help but understand our allies’ concern the freedom of thought, conscience, religion threatened. I am sure such statements, Moscow may be reverting to the past. I or belief, for all without distinction as to combined with Russia’s 2008 invasion of hope President Obama will meet with race, sex, language or religion. Georgia, send shivers down the spines leaders from the former Captive Na- In recent years, we have seen any- of our brothers and sisters in Central tions this weekend during the NATO thing but a respect for human rights in and Eastern Europe, even if they don’t summit in Lisbon. The President Russia. Prime Minister Putin stated say so publicly. should provide these leaders public re- during a recent interview with the The concerns of our captive nation assurance that the United States re- Kommersant newspaper that pro- brothers and sisters regarding Russia mains committed to article 5 of the democracy demonstrators in Russia as- are not abstract. They are rooted in North Atlantic Treaty, which states sembling without prior permission blood and tears and in a history of that an attack on any member of ‘‘will be hit on the head with batons. abandonment. My hometown of Cleve- NATO shall be considered to be an at- That’s all there is to it.’’ land, OH, was once the city with the tack on all. The actions of the Russian Govern- world’s second largest population of One of the best ways to alleviate the ment speak louder than words. We have Hungarians after Budapest. I remember anxiety about the Russian military seen protests canceled, newspapers vividly the stories my Hungarian amongst our Captive Nation allies is closed, activists detained and abused. brothers and sisters told me about the for this administration to pursue nego- Yet we have seen little effort by this Hungarian revolution of 1956. Encour- tiations with Russia toward its compli- administration to engage in a sus- aged by the implicit promise of inter- ance with the Treaty on Conventional tained dialog with Moscow on its vention from the United States and the Armed Forces in Europe, the CFE. The human rights record and commitments United Nations, hundreds of thousands Senate’s potential consideration of a under the Helsinki Declaration. We did of Hungarians protested against the new START cannot be disconnected more about human rights violations 20 People’s Republic of Hungary in sup- from Russia’s prior track record on years ago in Russia than we are doing port of economic reform and an end to treaty compliance. Russia decided in today. It is like we have tape over our political oppression. Those protests 2007 to suspend its compliance with the mouth. spread throughout Hungary. The gov- CFE treaty, a treaty signed by 22 coun- As David Kramer of the German Mar- ernment was overthrown. But Moscow tries that placed balanced limits on the shall Fund of the United States notes sought to maintain its control over the deployment of troops and conventional in a Washington Post opinion on Sep- captive nations, took advantage of weapons in Europe. This unilateral de- tember 20: America’s inaction on the rebellion, in- cision by Moscow should serve as a re- The human rights situation in Russia is vaded Hungary, crushed the revolution minder to Senate colleagues about bad and likely to get more worse as [Rus- and established a new authoritative Moscow’s commitments to its inter- sia’s] March 2012 presidential election nears. Those in power will do anything to stay in government. Over 2,500 Hungarians national obligations. Russia’s compli- power . . . Enough already with U.S. expres- were killed in the conflict, and 200,000 ance with the CFE treaty is essential sions of ‘‘regret’’ about the deteriorating sit- Hungarians fled as refugees to the to sustained security and stability in uation inside Russia—it’s time to call it like West. Hungary would suffer under the Central and Eastern Europe. Again, it is: Condemn what’s happening there and oppression of the Soviet Union for complying with it would send a very consider consequences for continued human nearly another half century. Of course, great signal to the people worried rights abuses. there was a similar episode in Czecho- about Russia’s direction. I believe the Obama administration’s slovakia during the Prague spring of Our friends in Central and Eastern inaction and reluctance to confront 1968. Europe are worried about the uncer- Russia on its human rights record The former captive nations have ac- tainty surrounding a Russia that ap- sends a dangerous signal to Moscow complished so much as free market de- pears at times to be reverting back to that there are little or no consequences mocracies and members of the NATO an authoritative state seeking to for bad behavior. At a minimum, such
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17682 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 coddling of bad behavior by the West his service in the fourth estate ends Bill Bartleman, 61, will retire from the Sun only serves to embolden Moscow as to this month. after 35 years of covering government and our resolve to hold Russia to account Bill’s first day at the Paducah Sun politics, and nearly 39 years total working was January 7, 1972, when the Murray for the newspaper. on its international obligations, a dis- ‘‘I have thoroughly enjoyed my career as a tressing thought as we consider the State University graduate was hired as reporter for The Paducah Sun and have new START in the Senate. both a reporter and a photographer. In mixed emotions about retiring,’’ Bartleman I have fought all my life to secure the four decades since, he has covered said. freedom for my brothers and sisters in Senators and Governors, local law- ‘‘The profession has provided me with op- Central and Eastern Europe and the makers and the Kentuckians whose portunities to experience things and see former Yugoslavia. Once they received names you may not know but who, in things that others don’t get to see and feel. their freedom, I championed—and con- his words, ‘‘make life happen.’’ Most gratifying are the memories of the peo- He has interviewed a President of the ple I’ve met and having the opportunity to tinue to champion—their membership work for people who care.’’ in NATO and the EU. I am working United States, and he has ridden a hot The Pennsylvania native graduated from with Senator SHAHEEN right now in the air balloon over the Ohio River. He has Murray State University in December 1971. former Yugoslavia to see how many of become Kentucky’s longest running Bartleman served his first day at the Sun on those countries we can get into the Eu- legislative reporter. He has led quite a Jan. 7, 1972, after being hired as a dual re- ropean Union and how many we can get life of accomplishment, and I wish him porter and photographer with the majority into the NATO alliance. I will be well in the next stage of his career. of his duties in photography. I first met Bill when he covered my He took over the paper’s government and darned, at this stage in my life, to do politics beat in 1975 and covered, in person, anything that would jeopardize their initial race for the Senate in 1984, and he has covered every one of my races every session of legislature in Frankfort security and economic prosperity. I from 1976–2007 while using the Web, phone since that time. For my last election have seen too many opportunities for interviews and less frequent Frankfort visits campaign in 2008, Bill moderated a de- the region slip away during my life- for coverage in the past three years. bate between me and my opponent that time. I will not let it happen again. A frequent commentator for more than 30 was broadcast on C–SPAN. So the years on Kentucky Educational Television’s Political expediency should never be whole Nation had a chance to see Bill ‘‘Comment on Kentucky,’’ Bartleman also an excuse to rush to judgment on pub- hard at work. He was fair, honest, and served as a panelist for KET political debates lic policy, let alone our national secu- professional, as always. for governor, U.S. senator and other offices. rity. Treaties supersede all laws and In 2008, he moderated a U.S. Senate can- After 39 years, it would be easy for acts of Congress. The Senate’s advice- didate debate between Sen. Mitch McConnell some reporters to make the mistake of and-consent duties on treaties are and Bruce Lunsford, which was broadcast on thinking they are the story—but not among our most solemn constitutional C–SPAN, the national cable affairs network. Bill. This veteran journalist has words Bartleman said he will become an adminis- duties. I cannot, in good conscience, of wisdom for young reporters. This is trator at Mid-Continent University in determine my support for this treaty what Bill had to say: Mayfield on Dec. 1. until the administration assures me ‘‘I learned early in my career that The Pa- Remember the responsibility of what you ducah Sun has had a rich tradition and re- that our reset policy with Russia is a do. policy that enhances rather than di- sponsibility of reporting news thoroughly, He went on to say: minishes the national security of our fairly and accurately,’’ Bartleman said. ‘‘It friends and allies throughout Europe. Bill Bartleman isn’t important, but what is a tradition handed down by Ed Paxton, Sr. he covers is important. You need to rep- Moreover, I must receive the strong- I’ve always viewed myself as one of his care- resent the public and report what happens takers to help carry on that tradition and re- est assurances that this policy does not fairly. You can’t send people tainted water, sponsibility. It is time for me to pass on my once again amount to the United and you can’t send tainted news. caretaker role to someone else and meet a States leaving our brothers and sisters Those words are well said. Those of new and exciting challenge.’’ in the former Captive Nations alone us in public life will always have a f against undue pressures from Russia. close relationship with members of the When I finally cash out, I want to PRIORITIES DURING LAMEDUCK press. Sometimes it is a bit challenging SESSION know these countries we forgot at the and sometimes it is frustrating. Some- end of the Second World War, where times the politician and the reporter Mr. MCCONNELL. Mr. President, millions of people were sent to the do not always see eye to eye. I cannot both Republicans and Democrats in the gulag, will never be forgotten again. say Bill Bartleman and I agree on ev- Senate held many meetings this week I think this President has an obliga- erything. But I can say that Bill to assess the priorities of our respec- tion to look at this treaty beyond just Bartleman will always have my re- tive conferences. the nonproliferation side. He has an ob- spect. I am extremely proud of the clarity ligation to look at it as part of reset- For 39 years, Kentuckians have bene- my Republican colleagues have used to ting our relationship with Russia, and fited from his incisive political cov- express what our priorities must be and we ought to get some things cleared up erage. As he moves on to a position that we have listened to the American before we go ahead and sign this trea- with Mid-Continent University in people. Last night, Republicans ex- ty. Mayfield, KY, I know I speak for many pressed the need to cut spending, re- I yield the floor. Kentuckians when I say: Thank you, duce the debt, shrink the size and scope f Bill. Thank you, Bill, for your dedi- of the Federal Government, and help cated service. You certainly will be spur private sector employment—in RECOGNITION OF THE MINORITY short, change the way Washington is LEADER missed. Bill’s own newspaper, the Paducah doing business to get our economy The ACTING PRESIDENT pro tem- Sun, recently published an excellent going again. pore. The Republican leader is recog- article about his life and career, and I There is no question that is a senti- nized. ask unanimous consent that the full ment shared by the American people. I f article be printed in the RECORD. would be remiss if I did not also ex- press some dismay with the priorities TRIBUTE TO BILL BARTLEMAN There being no objection, the mate- rial was ordered to be printed in the that are being put forward on the other Mr. MCCONNELL. Mr. President, I RECORD, as follows: side of the aisle. rise to pay tribute to a legendary Ken- [From the Paducah Sun, Oct. 24, 2010] This is a lameduck session, and they tucky newspaperman who, after 39 AFTER 39 YEARS, BARTLEMAN TO RETIRE have an opportunity to respond to the years, is retiring, and the Common- FROM SUN American people before we convene for wealth will certainly be the poorer for Kentucky’s longest-running legislative re- the 112th Congress, but there is no rea- it. I am going to miss my old friend, porter plans to retire from The Paducah Sun son why we cannot get to work on their Bill Bartleman of the Paducah Sun, as in November. behalf beginning today.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17683 Let me share with you what I believe The Americans with Disabilities Act, to preventible foodborne illness is un- our priorities need to be during the which literally has changed the face of acceptably high, and it has been that lameduck session: first and foremost, America and opened doors for the dis- way for a long time. preventing massive tax increases on abled across our Nation, is not only Every year, 76 million Americans suf- families and small businesses and stop- one of the most dramatic steps forward fer from preventable foodborne illness. ping the Washington spending spree. It when it comes to human rights and Mr. President, 325,000 of our family is critical we send a message to job cre- civil rights in my time, it was led by members, friends, and neighbors are ators that Congress will not raise taxes Senator TOM HARKIN of Iowa and Sen- hospitalized each year because of food on January 1. ator Robert Dole, Republican of Kan- contamination and 5,000 die—100 a In September, I offered a bill that sas, who then served in the Senate. week. That means that every 5 minutes would make the current tax rates per- So TOM HARKIN has been our con- 3 people are rushed to the hospital be- manent. In other words, nobody—no- science and our leader when it comes cause the food they ate made them body—in America would get a tax hike to issues involving safety, human sick, and at the end of the day 13 will at the end of the year. The White rights, and expanding the reach of free- die. House did not like that idea. Their dom in our Nation to those who other- preference was to raise taxes on small wise might have been denied. Throughout the debate on this bill, I businesses. I think it is safe to say the I will tell you why I am passionate have shared the heartbreaking stories American people clearly preferred our about the food safety issue. It goes of victims such as Alex Donley and his proposal: no tax hikes on anybody, es- back to a note I received as a Congress- family. Some of these victims who pecially in the middle of a recession. man. It was almost 16 years ago. It was were courageous enough to share their We should be creating jobs, not killing a note from a woman who did not live stories will suffer chronic symptoms them. in my congressional district. She was that do not go away for a long time, if It is my hope that starting today from Chicago and I was 200 miles away. ever. The victims who have died would Democrats will turn to the priorities Her name was Nancy Donley, and she have wished they were lucky enough to that reflect the wishes of the American told the story of her 5- or 6-year-old be alive, even with these long-term ill- people. If they choose that route, I son Alex. She brought some hamburger nesses. know Republicans will be happy to home from the local grocery store to Today, as we vote to move to this work with them to get those things ac- fix it for her son. She made his dinner. bill, I will be thinking about how much complished. If not, I am confident Re- He ate it, and then he got sick, terribly it means to so many of us. I talked publicans will be eager to chart a dif- sick. In a matter of a few hours, he was about Nancy Donley and her son Alex. ferent course on behalf of the American at the hospital, and in a matter of a They are not the only ones. There are people. few days he had passed away. people all across America who under- When we return from the Thanks- He was a victim of E. coli. Trust me, stand, when they go shopping at the giving break, Republican and Demo- his mom would never have done any- food store and buy groceries or buy cratic leaders will have an opportunity thing to harm him, and she thought produce, there is a sort of built-in as- to discuss these priorities with the she was doing the right thing to cook sumption it is safe. Would our govern- President in a meeting at the White his meal and bring it to him at the din- ment let things be put on the shelves House. I am looking forward to the ner table. Unfortunately, that family in a store that have not been inspected, meeting and to the opportunity to decision, which is made millions of that are not safe? share with the President again the times across America every single day, Most people assume that if the gov- areas where we agree. I believe we can was a fatal decision. ernment is doing its job like it is sup- work together to increase opportuni- Nancy Donley—heart broken, her life posed to, they should not have to worry ties for job growth here at home shattered by the loss of that little boy about those things. Well, to a great ex- through increased trade opportunities she loved so much—could have shrunk tent, they are right. We have extraor- abroad. I agree with the President that away in despair and anger over what dinary resources in the Federal Gov- we should increase our exploration for had happened but did not. She made it ernment dedicated toward food safety. clean coal technology and nuclear en- her passion and her crusade to gather But the simple fact is, there are wide ergy, and Americans feel strongly that others like her in behalf of the cause of gaps when it comes to food safety in we need to reduce spending and our na- food safety. She started an organiza- America, and those gaps need to be tional debt. tion called Safe Tables Our Priority— closed by this bill. We can work together on all those or STOP—and started lobbying Mem- The vast majority of Americans un- items, and the White House meeting is bers of Congress, even a Congressman derstand this. According to a recent a good opportunity for congressional 200 miles away, to do what they could poll commissioned by Pew, 89 percent Democrats to join us in those efforts. to make our laws stronger and better of Americans want us to modernize our I yield the floor. across America. The ACTING PRESIDENT pro tem- I have kept in touch with Nancy. It food safety system. Thanks to the lead- pore. The Senator from Illinois is rec- has been over 16 years. We are close ership of Senator HARKIN and Senator ognized. friends now. I have to tell you that in ENZI, our Republican colleague, our food safety bill passed the Health, Edu- f my pantheon of heroes, Nancy Donley is right up there for what she has done cation and Labor Committee unani- FDA FOOD SAFETY with her life. If we are fortunate mously more than a year ago. MODERNIZATION ACT enough today and successful in passing This bill has substantial bipartisan Mr. DURBIN. Mr. President, I know this bill—at least moving it forward support. Twenty Republican and Demo- my colleague, Senator HARKIN, will be procedurally—I wish to say I am doing cratic Senators are already committed on the floor momentarily to speak that in her name and in the memory of to it. It is supported by a broad group about the Food Safety Modernization her son Alex and the thousands, tens of of consumer protection interests, in- Act. I wish to preface my remarks by thousands, maybe even more, across cluding those at the Grocery Manufac- thanking him personally. TOM HARKIN America who are victims of contami- turers Association and those at the has been not only a great colleague and nated food. Food Marketing Institute and other friend, he has been such an exceptional For some people, it is just a simple places that actually market the prod- leader when it comes to this important case of indigestion or diarrhea that ucts and are willing to accept the new issue. It is no surprise for those of us goes away after a few days. It may be legal burdens of this bill in order to who know TOM HARKIN’s congressional mistaken for the flu. For others, it gets give their customers peace of mind in and Senate career. He has always been more serious. The number of Ameri- terms of what they are going to buy an extraordinary leader. cans who die or become severely ill due and consume.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17684 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 The FDA Food Safety Modernization thousands of pounds of peanuts and The ACTING PRESIDENT pro tem- Act will provide the FDA with the au- peanut paste contaminated with sal- pore. The Senator from Texas is recog- thority it needs to prevent, detect, and monella, didn’t fully or quickly recall nized. respond to food safety problems. food that made people sick. The Food Mr. CORNYN. Mr. President, I intend The bill will increase the frequency Safety Modernization Act is going to to defer to Senator HARKIN for I under- of inspection at all foreign and domes- change that by ensuring the FDA can stand 15 minutes. I wish to offer a brief tic food facilities according to the risk compel a company to recall food that unanimous-consent request that fol- they present. can cause serious adverse health con- lowing Senator HARKIN’s speech for up One of the issues we have to be aware sequences or death. to 15 minutes I be recognized for 5 min- of is that a global economy means food Experts agree that individual busi- utes, and that any remaining time on is moving across borders more fre- nesses are in the best position to iden- our side be reserved for Senator ENZI, quently. It is rare that we have the re- tify and prevent food safety hazards at the Senator from Wyoming. sources in place in some foreign coun- their own facilities. The people who The ACTING PRESIDENT pro tem- try to make sure what is in that can or run a facility know where the vulnera- pore. Is there objection? in that package is safely prepared. This bilities are on the assembly line and Without objection, it is so ordered. bill moves us toward this goal. We pick they know which hazards their foods Mr. CORNYN. I thank the Chair. the things that are the most dangerous are most susceptible to. That is why The ACTING PRESIDENT pro tem- when it comes to food imports and say our bill requires each business to iden- pore. The Senator from Iowa is recog- they will be the highest priority; we tify the food safety hazards at each of nized. will start the inspection now on food its locations and then implement a Mr. HARKIN. Mr. President, I thank imports coming into the United States. plan that addresses those hazards and the Senator from Texas for yielding. The FDA doesn’t currently have the re- keeps the food safe and free of con- I wish to thank Senator DURBIN for sources or statutory mandate to in- tamination. The bill gives the FDA the all the work he has done on food safety spect more frequently, and what they authority to review and evaluate these for so many years. He has been a lead- do inspect in terms of imports is very food safety hazard prevention plans er. He has prompted us and prodded us limited. We expand that to the most and hold companies accountable. to get to this point, and we have a good high-risk, dangerous food products that I see the chairman of the committee bipartisan bill. I wish to take a few mo- might come in. on the floor and I will end in a mo- ments to talk about it before the vote Most facilities are inspected by the that will be coming up in the next Food and Drug Administration, though ment. Finally, our bill gives the FDA the hour. only once every 10 years. Think about authority to prevent contaminated The aim of the Food Safety Mod- it. The U.S. Department of Agriculture food from other countries from enter- ernization Act, as it is called, is very is in place every single day at meat and simply to bring our Nation’s anti- poultry and production facilities with ing the United States. If a foreign facil- quated and increasingly inadequate in- the inspectors in place to do the job. ity refuses U.S. food safety inspection, spection service into the 21st century. When it comes to the FDA, an agency the FDA has the authority to deny This bill takes a comprehensive ap- with such a broad responsibility—in entry to their imports. Think about proach to reforming the current sys- fact, much broader: 1 inspection every that. This is now going to be put into tem. I am pleased to report that this 10 years—if it is your son or daughter, the law that if you are producing food bill is a product of strong bipartisan your baby, someone you love, is that overseas and you will not allow us to collaboration on the Health, Edu- enough? I don’t think it is. This bill inspect your facility, we can stop ex- cation, Labor and Pensions Committee. significantly increases the frequency of ports to the United States. Is there any Again, I wish to particularly thank inspections at all domestic and foreign Member of the Senate, any family, who food production facilities according to doesn’t think that is a good idea? That Senator DURBIN and Senator GREGG the risks they present. The bill gives is what this bill is all about. who have worked together over many the Food and Drug Administration I wish to thank Senator HARKIN for years to produce this excellent bill. I long overdue authority to conduct his extraordinary leadership on this also wish to thank our ranking mem- mandatory recalls of contaminated bill. I can’t tell my colleagues how ber, Senator ENZI, for his leadership in food. many times we have come together, helping to bring this bill to the floor, It is hard to believe today, but if we Democrats and Republicans, trying to as well as to my good friend Senator know something is contaminated and work out differences. We are very DODD who has been working on this bill has been sent out to the grocery close. I think there is one item of dis- also from the beginning and adding his shelves across America, our govern- agreement going into it. That is pretty expertise, especially on food allergies. I ment has no legal authority to say: good for Senate work—only one item of also thank Senator BURR, who has been Bring it in. The best we can do is ad- disagreement. personally involved in this entire proc- vertise the fact that it is dangerous I say to my friends: Bring this bill to ess. and hope that the manufacturer, the the floor. Let’s vote on that particular Senators often speak about the im- distributor, and the ultimate retailer item—Senator TESTER’s concern—up or portance of addressing kitchen table will get the message and move on it down. Let’s do it. But let’s not go an- issues here in the Senate—the prac- and do the right thing. It is voluntary. other day without providing the pro- tical, everyday concerns of working It is not mandatory, even if we know tection families across America expect Americans and their families. Well, that something is dangerous. This bill and deserve when they buy food. Let’s food safety is a kitchen table issue and gives that authority to the Food and do this on behalf of Nancy Donley and it couldn’t be more urgent or overdue. Drug Administration. That means that moms and dads all across America who It is shocking to think that the last if a company refuses to recall contami- ran the risk and, in her case, went comprehensive overhaul of our food nated food, the most expedient action through the bitter experience of losing safety system was in 1938, more than the FDA can take is to issue a press re- her little 6-year-old boy Alex because seven decades ago. Think about how lease right away, and we have to get of contaminated food. This is some- our food system has changed in those beyond that. We have to give them au- thing that should be totally non- 70 years. On the whole, Americans thority. Many companies do cooperate partisan. enjoy safe and wholesome food. We with the FDA, and I salute them. It is I urge my colleagues: Let’s give a know that. But the problem is that ‘‘on not only the sensible thing to do; it strong vote today to move forward on the whole’’ is not good enough any certainly maintains the representation this important bill and help ensure longer. of them as food producers. that the food on America’s tables is As my colleagues can see from our Some, such as the Peanut Corpora- safe. first chart, they will see that recent tion of America, which distributed Mr. President, I yield the floor. foodborne illnesses have been wide in
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17685 scope and have had a devastating im- made 35,000 visits a year. So we had money and run. You might have some pact on public health. When people get 70,000 food processors and we made foreign-based companies—and I don’t sick from eating bagged spinach, we 35,000 visits a year. Today, a full decade mean to pick on them—that are off- have a problem. When kids take their into the 21st century, we have 150,000 shore and they may have some food in peanut butter sandwiches to school and food processors—over twice as many— this country that has caused foodborne they get sick from it and go to the hos- but today FDA inspectors make 6,700 illnesses, and they may not want to re- pital, we have a problem. We had 90 visits each year, one-fifth as many as call it. We cannot go after them. The deaths and 690 reported cases in 46 they did 30 years ago, with twice as FDA doesn’t have the authority to re- States. We have found salmonella in many plants. So is it any surprise we call that food. This bill would give tomatoes, in peppers, and even in cook- are getting more and more foodborne them that authority. ie dough. When families eat cookie illnesses throughout this country? Ref- This is a bipartisan bill, strongly dough and they are getting E. coli, we erencing what Senator DURBIN said ear- supported by consumer groups and in- have a problem. Recently, of course, we lier, more and more of our food is com- dustry. I have letters from the Grocery had the salmonella outbreak in eggs. ing from other countries. All we are Manufacturers Association, U.S. Cham- So it is widespread. It is not just in saying in our bill is you have to adopt ber of Commerce, National Restaurant bagged spinach or eggs, it is in peanut the same kind of food safety processes Association, Pew Charitable Trusts, butter, cantaloupes, tomatoes. It is and prevention methods that we have Consumers Union, Center for Science widespread. So we know we have a real in this country to be able to ship your in the Public Interest, and Trust for problem. food in. I don’t think that is unreason- America’s Health, to name a few. I The Centers for Disease Control and able, to say that their processes and think it is a rarity when I can say both Prevention estimate that foodborne ill- their safety procedures have to be at the Chamber of Commerce and the Cen- nesses cause an estimated 76 million least the same as ours or as adequate ter for Science in the Public Interest illnesses a year; 325 Americans every as ours. are on the same page. That is true As this chart shows, our bill over- year are hospitalized because of here. foodborne illnesses; and 5,000 Ameri- hauls our food safety system in four cans die every year due to a foodborne critical ways. First is prevention. We I have several letters, and I ask illness. These are not my figures. These have had some success in our Agri- unanimous consent that they be print- figures are from the Centers for Dis- culture Committee in the past on what ed in the RECORD. ease Control and Prevention. Accord- is called a program of finding out There being no objection, the mate- ing to a Georgetown University study, where are the points where contamina- rial was ordered to be printed in the the cost to our society is about $152 bil- tion can come in and then address RECORD, as follows: lion a year in medical expenses, lost those points in a preventive manner. SEPTEMBER 8, 2010. productivity, and disability. So the Well, we are now kind of extending Senator RICHARD DURBIN, numbers are staggering, not only the that beyond meat and poultry to all U.S. Senate, number of people who get sick, but the food to get the prevention in place. We Washington, DC. number of people who die and the cost improve the detection and response to Senator JUDD GREGG, to our society. foodborne illness outbreaks with better U.S. Senate, Washington, DC. I checked in my own State of Iowa, detection services and better response and the cost alone in Iowa—we have times. We have a mandatory recall in DEAR SENATORS DURBIN AND GREGG: Trust over 800,000 cases every year. Each here that the Department has never for America’s Health (TFAH), a nonprofit, nonpartisan public health advocacy organi- Iowan has to spend about $1,800 in an- had, ever. We enhance the U.S. food de- zation, would like to express our strong sup- nual health-related expenses, and fense capabilities, and we increase the port for immediate Senate passage of the about $1.5 billion in total related costs. FDA resources in order to take care of FDA Food Safety Modernization Act (S. 510). My colleagues can look at their States this. Although every American depends on the and see the impact. So these are intol- This bill today will dramatically in- safety of the food they serve to their fami- erable, but somehow we tolerate them. crease FDA inspections at all food fa- lies, the Food and Drug Administration No longer can we do that. Our current cilities. It will give FDA the following (FDA) lacks the tools to ensure that safety. regulatory system is broken. It does new authorities: It will require all food S. 510 would finally help bring the FDA into the 21st century. not adequately protect Americans from facilities to have, as I said, preventive serious widespread foodborne illnesses. plans in place, and the FDA can have Approximately 76 million Americans—one Our meals have grown more complex access to those plans. So they have to in four—are sickened by foodborne disease each year. Of these, an estimated 325,000 are with more varied ingredients and more have preventive plans that the FDA hospitalized and 5,000 die. A recent study by diverse methods of preparation and gets access to. We have better access to Ohio State University found that foodborne shipping. By the time raw agricultural records in case of a food emergency to illnesses cost the U.S. economy an estimated products find a way to our dinner try to find out what happened. It re- $152 billion annually. With multiple severe plates, multiple intermediate steps and quires, as Senator DURBIN said, import- food outbreaks in recent years, it is urgent processes have taken place. Food ingre- ers to verify the safety of imported that the Senate take this step to keep Amer- dients travel thousands of miles or, as food. It strengthens our surveillance icans safe. Senator DURBIN said, from other coun- systems. It requires the Secretary of The FDA Food Safety Modernization Act tries to factories here and then to our the Department of Health and Human would place more emphasis on prevention of tables. They are intermingled and Services to establish a pilot project to foodborne illness and give the FDA new au- mixed along the way. Yet, despite all of test and evaluate new methods for rap- thorities to address food safety problems. Under this legislation, food processors would these changes, our food safety laws idly tracking foods in the event of a be required to identify potential hazards in have not changed in 70 years. foodborne illness outbreak. As I said, it their production processes and implement What we need to do for starters is im- gives the FDA the authority to order a preventive programs to eliminate those haz- prove processes to prevent the con- mandatory recall of food. A lot of peo- ards. Additionally, the bill would require tamination of foods and methods to ple don’t know this: If there is an out- FDA to inspect all food facilities more fre- provide safe foods to consumers. To break of illness because of foodborne quently and give FDA mandatory recall au- achieve this, more testing and better diseases, pathogens, FDA does not have thority of contaminated food. S. 510 is a bi- methods of tracking food can be uti- the authority to recall that food. partisan bill, with widespread support from You might say that the companies do industry, consumer groups, and public health lized and verified that the processes are organizations. The bill passed the Senate working. that. Well, they do. Most of them see it HELP Committee with a unanimous voice Here are some interesting figures. in their best economic interest to do vote, and food safety legislation passed the Thirty years ago, we had 70,000 food that. But you might have fly-by-night House last year with overwhelming bipar- processors in this country. The FDA operators out there that will take the tisan support.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17686 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 We thank you for your strong leadership vote at the soonest possible date on S. 510, Improving methods of tracing contami- on this legislation. If you have any ques- the FDA Food Safety Modernization Act of nated food back to its source, so that con- tions, please do not hesitate to contact 2009, and encourages you to continue the im- sumers can act in a timely and knowledge- TFAH’s Government Relations Manager. portant support and leadership you each able fashion to protect their families from Sincerely, have provided for this crucial legislation unsafe food; and JEFFREY LEVI, PH.D., over the past year. The HELP Committee Requiring imported food to meet the same Executive Director. unanimously approved a strong, bipartisan safety standards as food produced in the U.S. bill in November, and a manager’s package S. 510 also takes steps to address the con- SEPTEMBER 8, 2010. of amendments was released in mid-August. cerns raised by small food producers that Hon. DICK DURBIN, With the limited time left for legislative ac- they be regulated in a scale-appropriate U.S. Senate, tion this year, a vote by the full Senate on manner. We also urge you to support Senator Fein- Washington, DC. S. 510 is necessary as soon as possible to en- stein’s proposed amendment to ban Hon. JUDD GREGG, sure that a final bill arrives on the Presi- Bisphenol-A (BPA), an endocrine disruptor, U.S. Senate, dent’s desk for enactment before this Con- from baby bottles, sippy cups, baby food, and Washington, DC. gress adjourns. infant formula. BPA has been linked to a DEAR SENATOR DURBIN AND SENATOR This country has experienced a seemingly wide range of health problems. Numerous GREGG: Consumer Federation of America endless number of foodborne-illness out- studies have shown BPA effects on the brain, strongly supports passage of the FDA Food breaks and recalls of contaminated products, prostate, hormonal and reproductive sys- Safety Modernization Act (S. 510). CFA is an demonstrating the clear need for this legisla- tems, and it has been linked to an increased association of nearly 300 nonprofit consumer tion. S. 510 fundamentally shifts the govern- ment’s approach in this area to preventing risk of insulin resistance and even cancer. organizations that was established in 1968 to The health impact is even more pro- food-safety problems, rather than just react- advance the consumer interest through re- nounced on babies and children. Seven states ing to them. The bill requires food compa- search, advocacy and education. and several cities have already taken action Foodborne illness strikes tens of millions nies to develop food-safety plans that iden- to ban BPA from food and beverage con- of Americans each year, sends hundreds of tify possible sources of contamination and tainers used by children and babies, as have thousands to the hospital, and kills approxi- implement measures to minimize them. This three nations, including Canada. In addition, mately 5,000 of us. The diseases are more legislation also provides the U.S. Food and packaging and containers already exist on than ‘‘just a bellyache.’’ Many victims suffer Drug Administration (FDA) with much-need- the market today without this chemical. We long-term chronic health problems including ed enforcement tools, such as mandatory re- urge you to support the Feinstein amend- reactive arthritis, kidney failure and call authority and better inspection. ment, and to provide all American children Guillain-Barre´ syndrome. Children under the Enactment of FDA food-safety legislation with BPA-free food and drink. age of 5 are the most frequent victims of could significantly reduce the burden of Again, we thank you for your strong lead- foodborne illness. People over age 60 are foodborne illness in the United States, both ership on this vital public health legislation. most likely to die after contracting a food- for families and businesses. A Pew-funded We look forward to working with you to send related illness. The economic costs are enor- study estimates the annual health-related a final bill to the President’s desk for signa- mous. A recent study estimated the annual costs of foodborne illness at $152 billion. For ture this fall. cost of all foodbome illnesses to be $152 bil- this reason, a wide range of stakeholders— Sincerely, consumer advocates, public health organiza- lion. JEAN HALLORAN, The suffering and heartbreak and deaths tions, and major industry groups—support Director, Food Policy Initiatives. this bill. We thank you for your leadership are pointless. Foodbome diseases are almost AMI V. GADHIA, entirely preventable. They continue to rage on S. 510 and ask you to continue your ef- Policy Counsel. because our nation’s primary food safety forts to secure its passage. agency, the U.S. Food and Drug Administra- Sincerely, SEPTEMBER 15, 2010. tion, operates under the constraints of a 70- SHELLEY A. HEARNE, SENATOR HARRY REID, year-old law that is largely extraneous to Managing Director, Pew Health Group. Office of the Senate Majority Leader, Capitol current threats to food safety. The Food, Building, Washington, DC. Drug, and Cosmetic Act does not give the CONSUMERS UNION, SENATOR MITCH MCCONNELL, FDA a specific statutory mandate, appro- Yonkers, NY, September 10, 2010. Office of the Senate Minority Leader, Capitol priate program tools, adequate enforcement Hon. RICHARD J. DURBIN, Building, Washington DC. authority or sufficient resources to stop Hart Senate Office Building, DEAR MAJORITY LEADER REID & MINORITY foodborne disease before it strikes us and our Washington, DC. LEADER MCCONNELL: Our organizations are loved ones. Hon. JUDD GREGG, writing to urge you to schedule a vote on S. S. 510 changes the paradigm for fighting Russell Senate Office Building, 510, the FDA Food Safety Modernization Act foodbome illness, directing the FDA to pre- Washington, DC. of 2009, at the soonest possible date. The vent foodbome illness rather than just react- DEAR SENATOR DURBIN AND SENATOR HELP Committee approved a strong, bipar- ing to reports of illnesses and deaths. It re- GREGG: Consumers Union, the non-profit tisan bill in November, and we believe that a quires food companies to establish proc- publisher of Consumer Reports magazine, vote would keep the momentum going for en- essing controls to avoid food contamination, writes in support of S. 510, the bipartisan actment of landmark food-safety legislation. gives the FDA authority to set food safety FDA Food Safety Modernization Act. This Strong food-safety legislation will reduce standards, and requires the Agency to in- legislation will finally bring our outdated the risk of contamination and thereby better spect food processing plants regularly to as- food safety laws into the 21st century, and protect public health and safety, raise the sure controls are working as intended. will help protect consumers from deadly re- bar for the food industry, and deter bad ac- On behalf of CFA’s millions of members, calls like last month’s recall of half a billion tors. S. 510 will provide the U.S. Food and we thank you for your strong leadership in eggs for Salmonella contamination. Con- Drug Administration (FDA) with the re- developing S. 510 and your determination to sumers expect that the food they eat and sources and authorities the agency needs to ensure its passage. We look forward to con- serve to their families will not make them help make prevention the focus of our food tinuing to work with you to get a final bill sick, or worse. We applaud your leadership safety strategies. Among other things, this to the President as soon as possible. on this vital consumer protection legisla- legislation requires food companies to de- Sincerely, tion, and hope that S. 510 comes to the floor velop a food safety plan; it improves the CAROL L. TUCKER-FOREMAN, of the Senate for a vote in September. safety of imported food and food ingredients; Distinguished Fellow, Food Policy Institute. S. 510 will protect consumers by: and it adopts a risk-based approach to in- CHRIS WALDROP, Requiring the Food and Drug Administra- spection. Director, Food Policy Institute. tion (FDA) to inspect food processing plants Our organizations—representing the food on a regular basis; industry, consumers, and the public-health THE PEW CHARITABLE TRUSTS, Giving FDA the power to order recalls of community—urge you to bring S. 510 to the Washington, DC, September 14, 2010. contaminated food; right now, the agency floor, and we will continue to work with Hon. RICHARD DURBIN, can only request that the food be recalled Congress for the enactment of food safety U.S. Senate, and hope that companies respond in the pub- legislation that better protects consumers, Washington, DC. lic interest; restores their confidence in the safety of the Hon. JUDD GREGG, Requiring food producers to identify where food they eat, and addresses the challenges U.S. Senate, food can become unsafe, and requiring them posed by our global food supply. Washington, DC. to take steps to prevent contamination by Sincerely, DEAR SENATORS DURBIN AND GREGG: The Salmonella, E. coli, Listeria, and other American Beverage Association, Amer- Pew Charitable Trusts urges the Senate to pathogens; ican Frozen Food Institute, Center for
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17687 Foodborne Illness Research & Edu- legislation would also give the agency man- sure our food safety laws are adequate cation, Center for Science in the Public datory recall authority, and other strong en- for the 21st century and not the 18th Interest, Consumer Federation of forcement tools, like new civil penalties and century. America, Consumers Union, Food Mar- increased criminal penalties for companies I yield the floor. keting Institute, Grocery Manufactur- that fail to comply with safety require- ers Association, International Bottled ments. In a world where more and more food f Water Association, International Dairy is imported, the legislation also would THE FDA FOOD SAFETY Foods Association, National Associa- strengthen FDA’s ability to ensure the safe- MODERNIZATION ACT tion of Manufacturers, National Coffee ty of imported food. Association of U.S.A., Inc., National The good news is that a bipartisan major- Mr. ENZI. Mr. President, the United Confectioners Association, National ity in the House of Representatives passed States has one of the best food safety Consumers League, National Res- major food safety legislation last year that systems in the world. However, even taurant Association, The PEW Chari- would move the United States from a reac- the best of systems have room for im- table Trusts, Trust for America’s tive food safety system to one focused on preventing illness. Likewise in the Senate, a provement. That is why my colleagues Health, Snack Food Association, and I worked together over the past S.T.O.P. Safe Tables Our Priority, U.S. bipartisan coalition has developed a strong Chamber of Commerce, U.S. Public In- food safety bill that is ready for the Senate year to produce a bill that has broad terest Research Group. floor. This legislation has the support of a bipartisan support. Food safety is not a remarkably broad coalition of public health, partisan issue. We all want the safest DEPARTMENT OF HEALTH AND consumer and food industry groups. We com- food supply possible and the Food Safe- HUMAN SERVICES, mend both chambers for their hard work. Now it’s time to finish the job. We encour- ty Modernization Act makes signifi- Washington, DC, September 10, 2010. age Senators to support a critical and com- cant improvements in that direction. DEAR MEMBER OF CONGRESS, The events of monsense piece of public health legislation. This is not a perfect bill. If it were the past two weeks have illustrated a pat- And, we urge the House and Senate to quick- solely up to me, there are several pro- tern that is all too familiar. Local health of- ly deliver a modem food safety bill to the ficials around the country begin to see an visions that I would have done dif- President’s desk. It’s time to break the pat- uptick in illnesses from a particular source. ferently. However, this bill provides tern of foodborne illnesses and economic As they notify the Centers for Disease Con- real improvements for our food system loss. It’s time to give FDA the modem tools trol and Prevention, epidemiologists begin by placing a greater emphasis on pre- and resources it needs to meet the challenges to see a pattern in the illness and outbreak of the 21st century. vention and targeting government in- reports, identify a food as the likely cause, KATHLEEN SEBELIUS, volvement to the areas of greatest and notify the Food and Drug Administra- Secretary, Department of Health and Human need. tion (FDA). FDA, state health and local offi- Services. The American food industry is made cials then deploy investigators across the MARGARET A. HAMBURG, M.D., country, furiously searching for the source up of hundreds of thousands of proc- Commissioner of Food and Drugs. of the illness, knowing that every day more essors, distributers, and retailers of all people are getting sick, some seriously. In Mr. HARKIN. Mr. President, I have sizes, both foreign and domestic. When the meantime, the public must be warned to said many times that to say that food you say ‘‘food industry’’ many think of avoid the food of concern, creating anxiety safety in this country is a patchwork is the Nations largest food processors for consumers and economic losses for farm- giving it too much credit. Food safety that carry the brand names with which ers, food processors and retailers. has too often become a hit-or-miss we are familiar. This time we’re seeing this pattern play gamble, with parents obliged to kind of In truth, ‘‘industry’’ also consists of out with Salmonella Enteriditis in eggs, with illnesses in 22 states and more than half roll the dice when it comes to the safe- tens of thousands of small businesses a billion eggs being recalled. But in recent ty of their kids’ food. It is frightening across the country. It also includes years it has been spinach, salsa, peanut but- and unacceptable. It is past time to over 2 million farmers, both large and ter, bean sprouts, cookie dough, green on- modernize our food safety laws and reg- small, in the United States that pro- ions—the list goes on and on, covering many ulations—70 years past time. We need vide the food that we consume at our of our most common foods. Many people are to give FDA the resources and author- tables. This bill recognizes the diver- left wondering: heading into the second dec- ity it needs to cope with a growing sity of all these individuals and organi- ade of the 21st century, why can’t we prevent problem that threatens today a more zations and protects their ability to and react more effectively to the threat from foodborne illness? abundant and diverse food supply. We continue to grow safe food for our fam- Sadly, the answer is simple. As President need to act now. ilies. Obama said during last year’s peanut butter I urge my colleagues to join the bi- The bill also recognizes the vital role outbreak, caused by a different form of Sal- partisan sponsors to pass this impor- played by State and local officials. Our monella, we have a food safety regulatory tant legislation and vote for cloture State officials are on the front lines system designed early in the 20th century, this afternoon on the motion to pro- when it comes to responding to food one that must be overhauled, modernized ceed. Hopefully, we can get on the bill safety concerns and this bill makes and strengthened for today. and pass it as soon as possible, so that sure that they will have the resources Under the current system, FDA is often the families of America will have more forced to chase food contaminations after they need to do their jobs. Specifically, they have occurred, rather than protecting assurance that the food they eat, no the bill provides training and edu- the public from them in the first place. Dif- matter what the source, or from where cation of State, local, and tribal au- ficulties in tracking the movement of food it comes, has more safety procedures thorities to facilitate the implementa- from its origin to its eventual sale to the attached to it, and so that we have a tion of new standards under the law. public (often far across the country) can new process for prevention in place for My colleagues, including Senators frustrate efforts to identify contaminated all facilities in this country and in for- HARKIN, GREGG, DURBIN, BURR and food. The biggest surprise to most people: eign countries, and so we can raise the DODD, have recognized all these chal- FDA cannot order a recall of contaminated bar and say to our families that you lenges in this process and have worked food once it is found in the marketplace. Al- though government has a crucial role in en- can have more assurance in the future together to prepare a bill that makes suring the safety of our food supply, strong that the food you buy, whether it is the improvements to all aspects of our food regulation has been missing. An overhaul of fresh fruits you buy in the middle of system. our antiquated food safety system is long winter, shipped from Chile, Argentina, I am particularly pleased with the ef- overdue. or Mexico, or Guatemala, or the fresh forts the group has made in the man- Proposed food safety legislation would give fruits you get in the summertime from agers’ package that focus on providing FDA better ways to more quickly trace back California, Washington State, and Can- flexibility for small and very small contaminated products to the source, the ada, or the produce, the lettuce, the food processors. This bill provides ability to check firms’ safety records before problems occur, clear authority to require bagged spinach, or whatever it might small processors additional time to firms to identify and resolve food safety haz- be, will be more safe for you and your comply with new food safety practices ards, and resources to find additional inspec- family. That is what this is all about— and guidelines. The bill also requires tions and other oversight activities. Pending protecting our families and making the FDA to publish user-friendly small
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17688 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 entity compliance guides to assist that commercially distributed seafood and regulations are geared predomi- firms with the implementation of new in the United States meets the food nately to a local and domestic market. practices. This way, small businesses quality and safety requirements of As a result, there are new safety chal- in the food system, know exactly how Federal law. The bill provides for no lenges that have risen from this global to plan to adopt any new practices that new jurisdiction and does not alter any market that must be addressed. could apply to them. existing jurisdiction given to FDA or As the former chairman and ranking This bill also protects farms. Farm- any other agency. The bill does not in- member of the Senate HELP Com- ers remain exempt from registration clude any authorization of appropria- mittee—it was then known as the Sen- under the Bioterrorism Act and any tions, but seeks only to strengthen ex- ate Labor Committee—I have a little new produce safety standards must isting partnerships and share informa- history on this issue. As chairman of consider the unique practices that tion. the committee, I introduced the Food The bill remains largely unchanged farmers use to grow or market their Safety Amendments with the intent of since I introduced it in the 110th Con- food. This includes consideration for ensuring a safer food supply, similar to gress, but this version incorporates the farmers that use specific conservation the goal of the legislation before the FTC as an additional partner since practices or grow organic foods under Senate today. the Organic Foods Production Act. they have broad existing authority for Small entities that produce food for consumer and inter-state commerce I would like to point out that S. 510 their own consumption or market di- fraud issues. is one of the few bipartisan pieces of rectly to consumers are also not sub- Specifically, the bill requires the legislation currently in the Senate. We ject to registration under this bill. Secretaries of Commerce, HHS, DHS, had Republicans and Democrats work- This ensures that individuals can con- and the FTC to enter into agreements ing across the aisle to come up with tinue to provide food to their commu- as necessary to strengthen cooperation solid policies to address some of the nities through farmers markets, bake on seafood safety, seafood labeling, and major gaps in our current food safety sales, public events and organizational seafood fraud. Those agreements must system. And as we deliberated these fundraisers. Some have confused this address seafood testing and inspection; policies, it was important to me to pro- bill with provisions in other food re- data standardization for seafood tect existing laws that already have lated bills and it is not true that S. 510 names; data coordination for the pur- solid consumer protections. One of regulates backyard gardens or potluck poses of detection and prosecution of those laws is the Dietary Supplement dinners. All across Wyoming, people violations regarding importation, ex- Health and Education Act of 1994. grow their own food and contribute portation, transportation, sale, har- Briefly, DSHEA clarified the regu- dishes to organizational fundraisers vest, or trade of seafood; seafood label- latory structure of supplements to en- and this bill continues the practice of ing compliance assurance; and infor- sure that individuals would continue to making sure those individuals aren’t mation-sharing for observed non- have access to safe supplements and in- compliance. The bill also increases the subject to federal regulation. formation about their use. Under However, if the amendment tree is number of laboratories certified to in- DSHEA, Congress set out a legal defini- filled so amendments cannot be sub- spection standards of the FDA and al- tion of what could be marketed as a di- mitted, I will likely oppose any further lows the Secretary of Commerce to in- etary supplement. crease the number and capacity of cloture. We created a safety standard that I want to again recognize and thank NOAA laboratories responsible for sea- food safety testing. It allows for an in- products have to meet. We allowed the my colleagues who have worked on this FDA to develop good manufacturing bill. I look forward to considering this crease in the percentage of seafood im- port shipments tested and inspected to process standards for supplements. We bill on the floor and appreciate those improve detection of violations. Fi- clarified which claims could be made Members that have helped make this nally, the bill allows the Secretary of about these products and we said those bill a bipartisan effort. statements must be truthful and not Mr. INOUYE. Mr. President, I am HHS to refuse entry of seafood imports from countries with known violations, misleading. pleased that through the leadership of and also allows the Secretary to permit the Health, Education, Labor, and Pen- Furthermore, the Dietary Supple- individual seafood shipments from rec- sions—HELP—Committee, S. 510—the ment and Nonprescription Drug Con- ognized and properly certified export- Food and Drug Administration—FDA— sumer Protection Act of 2006 created a ers. Food Safety Modernization Act—Food mandatory adverse event reporting, Again, I am grateful for the leader- AER, system for dietary supplements Safety Act—will be taken up on the ship shown by the HELP Committee floor of the Senate. I believe that con- and over-the-counter drugs. My friend and Chairman HARKIN on S. 510, yet I and chairman of the Senate HELP sideration of the Food Safety Act rep- remain committed to the Seafood Safe- resents positive steps toward better Committee, TOM HARKIN, and I worked ty Act and look forward to continuing on this law very closely with Senator protections for the safety of the Amer- to work to ensure its passage. ican people. MIKE ENZI, who was chairman of the Mr. HATCH. Mr. President, I rise HELP Committee at the time, the late I am also pleased that a few of the today to express my mixed emotions on provisions from my Commercial Sea- Senator Ted Kennedy, who was the S. 510, the FDA Food Safety Mod- ranking member of the HELP Com- food Consumer Protection Act—Sea- ernization Act. mittee at the time, and Senator DICK food Safety Act—that I introduced on With past recalls on spinach, peppers, DURBIN on this important legislation. September 29, 2010, have been incor- cookie dough, peanuts and peanut Our legislation created a system to porated into S. 510. I am, however, dis- products, there appears to be an in- provide the government with informa- appointed that more of the Seafood crease in the frequency of foodborne tion about serious adverse events asso- Safety Act could not be included, and outbreaks. The Centers for Disease ciated with dietary supplements and will continue to work on passage of the Control and Prevention, CDC, esti- over-the-counter drugs. It provides full bill. mates that foodborne disease cause ap- The Seafood Safety Act will proximately 76 million illnesses in the Federal authorities with a better and strengthen the partnership between the U.S. each year, including an estimated more effective tool to become aware Secretary of Commerce, the Secretary 325,000 hospitalizations and 5,000 and to respond to any problems that of Health and Human Services, HHS, deaths. These statistics are strong evi- might occur. the Secretary of the Department of dence that our current food safety laws I am grateful and appreciative to the Homeland Security, DHS, the Federal and regulations are antiquated and sponsors of the bill for including provi- Trade Commission, FTC, and other ap- should be updated. sions to preserve the DSHEA and AER propriate Federal agencies, to coordi- We live in a global food economy, but laws’ consumer protections as part of nate Federal activities for ensuring our Nation’s current food safety laws S. 510.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17689 In addition, I have heard from many mated that the legislation will cost $1.4 In fiscal year 2010, our deficit was $1.3 of my constituents that they are con- billion over 5 years. We need to rein in trillion or 8.9 percent of the gross do- cerned with the international harmoni- the out-of-control government spend- mestic product. That is actually down zation provisions in this bill and its ing, especially in today’s fiscal envi- from 9.9 percent in fiscal year 2009, but impact on the availability and afford- ronment. We simply cannot continue certainly nothing to celebrate. The ability of dietary supplements—in par- to drive up the national debt. We can- Congressional Budget Office baseline ticular, the Codex Commission which is not sustain trillion-dollar deficits. estimates that Federal deficits will av- an international organization that pro- More government spending will push erage $605 billion each year through vides guidelines for food safety. Rest the Nation over a precipice from which 2020, and the budget that the President assured that the Commission’s guide- we may not be able to recover. submitted to us this year, itself, if im- lines on vitamin and mineral food sup- Even though this spending is discre- plemented, would call for an average of plements will not affect the regulation tionary, it troubles me that if future $1 trillion of deficit each year for the of dietary supplements in the United appropriations are not sufficient to next 10 years. States unless Congress decides to adopt cover the cost of the bill, Congress We know that the Budget Act passed the provisions. would be unintentionally giving the by Congress, signed by the President, Another issue I want to mention is FDA an unfunded mandate. If this hap- requires the President of the United the importance of promoting small pens, the FDA would either simply not States to submit his budget by the first businesses. Without a doubt, small be able to live up to its new respon- Monday in February. I can tell you businesses are the engine for economic sibilities or would be forced to shift that I am anxiously awaiting to see in growth in America and represent a funds from other important and al- that budget proposal submitted by the powerful vehicle for opportunity. ready strapped agency programs like President by the first Monday in Feb- Small businesses contribute greatly to the regulation of prescription drugs, ruary his commitment to fiscal dis- Utah’s economy, and I am committed medical devices, and/or biologics. The cipline—now particularly since the to doing all I can to promote job cre- latter could cause significant harm to American people have spoken so loudly ation, grow our economy, and ensure the American public. So it is with deep and clearly about their concerns over America’s businesses are competitive regret that I cannot support S. 510 reckless spending and endless debt. in the global marketplace. without it being paid for. However, I We know a balanced budget amend- So I am pleased that S. 510 considers am committed to working with my ment actually works, because virtually the needs of small businesses. It ac- Senate colleagues to find ways to offset every State in the Nation has one, in- complishes this by requiring the FDA the cost of the bill. cluding my State of Texas. Only the to publish user-friendly guidance to as- The ACTING PRESIDENT pro tem- Federal Government has no require- sist firms with the implementation and pore. The Senator from Texas is recog- ment of a balanced budget and can compliance of new practices. It also nized. spend huge deficits and borrow money gives small food facilities additional f it does not have. No family in America, time to comply with the new food safe- or small business, when income goes BALANCED BUDGET AMENDMENT ty practices and guidelines. In addi- down, can continue to spend at the tion, the legislation also requires the Mr. CORNYN. Mr. President, I want same level. They have to live within FDA to coordinate its outreach activi- to briefly draw attention to a resolu- their means. So should the U.S. Gov- ties with the National Institute of tion that the conference of Republican ernment. Food and Agriculture of the U.S. De- Senators and Senators-elect adopted We also know that a balanced budget partment of Agriculture, USDA, in yesterday, one that I think fits the amendment is popular with the public. order to educate and train growers and times we are living in, one which has A recent referendum held by Florida small food facilities about the new re- seen historic levels of Federal spending voters showed that 71 percent approved quirements from this bill. and debt and deficits, as well as a nonbinding resolution supporting a Finally, I wanted to address concerns unsustainable debt that will be inher- balanced budget amendment. We have raised by the Utah farming commu- ited by our children and grandchildren, had votes in the Senate on this not nity, particularly small farmers. First, unless we take responsibility for it. that long ago. I believe it was in 1997, this bill preserves the current jurisdic- This resolution, I think, would dem- so I will let you judge whether it was tional separation between the USDA onstrate the seriousness that we would long ago. Sixty-six Senators at the and the FDA. In other words, this bill have as a Congress to get our Nation’s time voted in favor of a balanced budg- does not change those who are cur- fiscal house in order. This resolution et amendment or 1 shy of the two- rently subject to USDA regulation reads: thirds necessary, including 11 col- versus those who are subject to FDA It is Resolved by the United States Senate leagues on the other side of the aisle, regulation under the existing laws. Republican conference: demonstrating the bipartisan support Second, this bill does not change the That a Balanced Budget Amendment to the United States Constitution is necessary to for a balanced budget amendment. existing definition of a facility cur- restore fiscal discipline to our Republic; It is important to note that at that rently required to register with the That a Balanced Budget Amendment time, when 66 Senators voted on a bi- FDA. This means that farms that are should require the President to submit to partisan basis for a balanced budget currently exempt from registering with Congress a proposed budget prior to each fis- amendment, the deficit was only 1.4 the FDA under the Bioterrorism Act of cal year in which total federal spending does percent of GDP. Today, it is 8.9 per- 2002 continue to remain exempt. Fi- not exceed total federal revenue; cent. I think if a balanced budget That a Balanced Budget Amendment nally, small entities that produce food should include a requirement that a super- amendment was a good idea—at least for their own consumption or market majority of both houses of Congress be nec- in the minds of 66 Senators—in 1997, it directly to consumers or restaurants essary to increase taxes; is even a better idea today. So I hope are not subject to registration or the That a Balanced Budget Amendment colleagues on both sides of the aisle new recordkeeping requirements under should include a limitation on total federal will join with me to offer ideas on this bill. This includes food sold spending. drafting this joint resolution. through farmers’ markets, personal or I thank the 20 Republican Senators Of course, as you know, under Article backyard gardens, bake sales, public and Senators-elect who cosponsored V of the Constitution of the United events and organizational fundraisers. this resolution and the members of the States, a constitutional amendment Unfortunately with all those great conference who voted to adopt it. Let can emanate from Congress itself with provisions that I just mentioned, there me share with you a few factoids that a two-thirds vote or it can be the result is still one major concern that I cannot I think will demonstrate the compel- of a constitutional convention. Under overlook, the cost of the bill. The Con- ling nature of this joint resolution and either circumstance, three-quarters of gressional Budget Office, CBO, has esti- constitutional amendment. the States would be necessary to ratify
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17690 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 it. I think if Republicans and Demo- says that women can only sue for back bill is simple and achievable with the crats can listen to the voice of the pay and fixed damages. The paycheck small business exemption that will do American people and get behind a joint fairness bill would allow women to get that. resolution, it will restore some of the additional compensatory damage, When the Equal Pay Act was passed public’s lost confidence in our ability which makes up for the injury or harm in 1963, women earned merely 59 cents and our willingness both to heed their suffered based on discrimination. on every dollar earned by men. We voice and also live up to our responsi- Ledbetter had no provisions regarding have made progress. In 47 years, we bility. that. Also, so crucial is that it pro- have now come up to 77 cents for every I think a balanced budget amend- hibits employer retaliation—and, wow, dollar that men make. It only took us ment would be a big step forward in the does this go on in the workplace. 43 years to get an 18-cent increase. cause of fiscal discipline but, of course, Under current law, employers can sue Well, I think times are changing. not the only step. As the cochairs of or actually punish employees for shar- Women are now more in the workplace, the President’s debt commission have ing salary statements and information and women are now often the sole or already indicated, we need other meas- with coworkers. This is usually the primary source of income. Creating a ures. One that caught my eye they way employees find out that they are wage gap is not the way to improve the called a ‘‘cut and invest committee,’’ being discriminated against. In the fa- health of a family or the health of our charged with trimming waste and tar- mous Supreme Court hearing, some of community. geting investment. They noticed a good our Supreme Court Justices, who I could go through a lot of statistics example at the State level, in my State bragged that they don’t know what a about what that means, but I simply of Texas, where we have a sunset com- BlackBerry is, gave women the rasp- want to say to my colleagues that with mission that requires, every 10 years, berries when they said women should many Americans already earning less, every State agency to go through a know they are being discriminated we need to make sure that the family process to determine whether the pro- against, but you cannot even talk at budget is based on people being able to grams and the agency itself continue the water cooler, or down in the office get paid for what they do and to make to have good reason to exist at the gym, and say: I get paid this; what are work worth it and make wage com- spending levels authorized. you getting paid for the same job? pensation fair. I think the facts speak for them- We need something such as that, What paycheck fairness will now do selves as to why this bill is necessary. which will provide a tremendous abil- is prohibit employers from taking ac- I think the bill itself is a very specific, ity for us to have additional tools to tion against employees who simply achievable, narrowly drawn bill, and I contain costs and avoid wasteful spend- share information about what they are getting paid. This was not included in urge my colleagues to vote for cloture. ing. To that end, I have put forth a Mr. DODD. Mr. President, I rise the Ledbetter Act. It clarifies that any model of the bill of the Texas sunset today to speak on the Paycheck Fair- factor other than a sex offense—right commission, called the United States ness Act, a critically important bill to now, an employer can assert a defense Authorization and Sunset Commission guarantee women equal pay for equal that the pay differential is based on a Act. I urge my colleagues to take a work. I am proud to lead the effort in factor other than sex. Courts can inter- look at that, and I can assure you that, the Senate to pass this legislation, pret this broadly, and a number of fac- come January, when we have a new which my dear friend and colleague tors are limited. What the paycheck Congress, I will offer that legislation. ROSA DELAURO has already shepherded I yield the floor. fairness bill does is tighten that loop- through the House of Representatives. The ACTING PRESIDENT pro tem- hole by requiring that the differential I am pleased that the Senate is fi- pore. The Senator from Maryland is is truly caused by something other nally considering this commonsense recognized. than sex or gender or is related to job legislation and am grateful to the ma- f performance that is necessary for the jority leader for his strong support and business. Ledbetter did not address PAYCHECK FAIRNESS his recognition of how important this that loophole. By the way, I know that bill is to American families. Ms. MIKULSKI. Mr. President, I rise the specter of small business is always Americans must be assured of equity to speak on paycheck fairness, a bill on raised, but I say to my colleagues that in the workplace. Unfortunately, the which we will be voting on cloture. The small businesses with revenue of less fundamental principle of equal pay for paycheck fairness bill picks up where than $500,000 are exempt from the equal work has yet to be realized in the famous Lilly Ledbetter bill left off. Equal Pay Act. That means that pay- this country. In my view, it is high I was so proud to lead the fight on the check fairness maintains that exemp- time that Congress step in to remedy Senate floor 2 years ago, under a new tion. That is how it takes Ledbetter this injustice. Congress and a new President, to en- one step farther. It gives women the Despite passage of the Equal Pay Act sure that we righted the wrong of a Su- tools to begin to know what they are over 40 years ago, which was intended preme Court decision, where Lilly being paid—or people of ethnic minori- to ensure that women are paid the Ledbetter, on behalf of American ties, et cetera. same as their male counterparts, a women everywhere, would be assured Why is this important? First, it is large wage gap still persists. Women that she could get equal pay for equal fundamental fairness. You ought to be are paid, on average, just 77 cents for or comparable work. The Congress re- paid equal pay for equal or comparable every dollar earned by a man. To put it sponded well and that legislation is work. It is fundamentally fair. If the another way, the pay gap means that now the law of the land. same people are doing the job with the the average woman is paid more than The paycheck fairness bill picks up same skills and background, they $10,000 less per year than she deserves. where Ledbetter left off, because ought to get the same pay. It affects a The gap is even larger in the African Ledbetter left the courthouse door family’s paycheck; it affects their pen- American and Hispanic communities, open to sue for discrimination. Pay- sion; it affects their whole way of life. with black women earning 70 cents and check fairness makes it more difficult Right now, equal pay is actually crit- Hispanic women earning merely 67 to discriminate in the first place; it in- ical to economic recovery. It is one of cents for every dollar a man earns. In creases penalties for discrimination; the ways that we can make sure the my view, it is an outrage that in the prohibits employer retaliation for shar- family checkbook is increased based on year 2010 we are still not treating ing pay information; it closes the loop- merit. women as equals in the workplace. hole that allows for a broad defense in Some people say: Oh, well, why do Even a college education doesn’t suf- equal pay cases. you need another bill, Senator Barb? fice to correct this inequality. In my Let me go through this one by one. It Women already have enough tools to home State of Connecticut, the median improves remedies where discrimina- fight discrimination. Well, we haven’t wage for a woman with a bachelor’s de- tion has occurred. Current law now fixed everything. And here, I think this gree is $55,000—which puts her on par
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17691 with a man who only has a high school more, it will require better data collec- creases. A study completed by the diploma. This wage gap means that, cu- tion by the Department of Labor and American Association of University mulatively, a working woman will be Equal Opportunity Commission and set Women found that female graduates shortchanged by $400,000 to $2 million up training programs to help women working full time earn only 80 percent over her lifetime in lost wages, pen- learn more effective salary negotiation as much as their male graduates. The sions, and Social Security benefits. skills. study then looked ten years after grad- Now, some will argue that the wage To continue our economic recovery, I uation to find women fall further be- gap is a product of the choices women believe that we must not only work to hind, earning only 69 percent as much make, such as what they study in col- create jobs. We must also ensure that as men. Overall women are paid less lege, what field they pursue careers in, those jobs are good jobs. Making sure than their male counterparts during and whether to take time off to raise that all workers are confident that their entire career. their children. But study after study they are being treated and com- Opponents of this legislation argue has corrected for every possible vari- pensated fairly is critical to that goal. that there is no real gender pay gap able, and still has found that only part This bill will ensure that workers are and if there is one it’s due to women’s of the wage gap can be explained by paid what they deserve and will provide choices. Specifically, opponents assert measurable factors. The rest of the gap them with security and fairness in the that women earn less because they are is a result of discrimination in the workplace. I urge my colleagues to sup- more likely to choose part-time work workplace. One study compared men port this effort. to accommodate a growing family. and women who had pursued the same Mr. CARDIN. Mr. President, I rise This is incorrect. Many studies dem- majors, attended equally good schools, today in support of the Paycheck Fair- onstrate that the wage gap is real. Ac- and were entering the same industry, ness Act. cording to a recent GAO study, so- Progress for women in this country and found that women are already paid called life choices do not explain the has not come easily or come quickly. less than these identically qualified persistent wage gap. Additionally, GAO There was a time when women were men just one year out of college. found that even when all relevant ca- This is not just a matter of fairness not allowed to vote or own property. In reer and family attributes are taken but of economic necessity. Every dollar fact, our country once considered into account, there is still a significant that women are shortchanged means a women to be the property of their fa- unexplained gap in men’s and women’s dollar less spent in her community, to thers or husbands. earnings. Over the years, women have fought take care of her family. The problem is Additionally, opponents of the legis- gender barriers and broken down particularly acute during the current lation assert that the Paycheck Fair- stereotypes, making great strides to- economic recession, in which women ness Act will create increased litiga- ward equity. Unfortunately, inequities tion. This, too, is just wrong. The are increasingly the primary or sole still exist. While women have success- breadwinners for their families. Since Equal Pay Act is not a strict liability fully broken through glass ceilings on statute and it sets a very high burden the recession began, approximately 70 careers across the employment spec- for an employee to bring a claim. That percent of jobs lost were jobs that had trum, pay discrimination still remains. burden will not change with the pas- been held by men. In the typical mar- Today, women make up half of the sage of the Paycheck Fairness Act. The ried-couple family, this translates into total workforce and nearly 4 in 10 legislation will now require that the forcing the family to survive on just 42 mothers are the primary breadwinners ‘‘factor other than sex’’ defense avail- percent of its former income. This of their household. Nearly two-thirds able to employers is a bona fide, job re- means families have less money to of mothers bring home at least a quar- lated factor that must be articulated. spend on everything—groceries, going ter of the household earnings. In these This language mirrors other civil out to eat, new school clothes, home hard economic times, when women’s rights legislation prohibiting discrimi- and car repairs—all of which means wages put food on the table, keep the nation. less money going into our local econo- lights on and put gas in the car, pay in- Finally, opponents assert that this mies. Paying women fairly is not just equities should not be tolerated. legislation will hurt businesses and re- the right thing to do, it is also an im- In 1963, Congress passed the Equal duce job growth during these hard eco- mediate economic boost. Pay Act in an effort to end pay dis- nomic times. This is yet another incor- The Paycheck Fairness Act would fi- crimination. Despite the good faith ef- rect assertion. In fact, this legislation nally give women tools strong enough fort of this legislation, legal loopholes will help ensure that women are paid to end wage discrimination. It provides exist that have weakened the intent fairly for equivalent work. In a nation- a long-overdue update to the Equal Pay and goal of the law. The Paycheck wide survey of registered voters, 84 per- Act, which has not been amended since Fairness Act updates and strengthens cent of voters said they supported ‘‘a it was signed into law by President the core principles in the Equal Pay new law that would provide women Kennedy in 1963. I would add to my col- Act. It will close loopholes in the origi- with more tools to get fair pay in the leagues who may be undecided on nal legislation; level the playing field workplace.’’ There is an overwhelming whether to support the upcoming clo- for employers, so the employers paying level of support for fair pay across the ture vote—it has been forty-seven fair wages are not disadvantaged; and political spectrum. years since the Equal Pay Act was en- will shine a light on pay discrimination The goal of the Paycheck Fairness acted. If we fail to pass this critically occurring throughout our country. Act is simple: close the loopholes that important legislation now, there may According to the Census Bureau, al- exist in current law to ensure that men not be another opportunity to do so for though women between the ages of 25 and women are paid fairly and accu- a decade or more. and 29 possess a higher percentage of rately in the workplace. No longer will The Paycheck Fairness Act improves bachelor degrees than men in the same an employer be able to pay women and on the Equal Pay Act by toughening age group, women consistently earn men different wages if they are doing penalties for pay discrimination. It less than men at every level of edu- the same or equivalent jobs. No longer puts gender-based discrimination on cation attainment. In 2009, women will an employer be allowed to retali- equal footing with discrimination working full time, year around were ate against employees for discussing based on race or ethnicity by allowing paid 77 cents for every dollar paid to their wages with other employees. No women to sue for compensatory and men on average. This gap is worse for longer will we allow pay discrimina- punitive damages. It closes a signifi- minorities. African-American women tion to be tolerated. cant loophole in the Equal Pay Act were paid 62 cents and Latino women As an original cosponsor of this bill, that for too long has allowed to justify are paid only 53 cents for every dollar I urge my colleagues to support this unequal pay without a legitimate busi- a man makes. bill and join our colleagues in the ness need. It prohibits employers from In fact, women earn less on the dollar House by passing the Paycheck Fair- punishing whistleblowers. Further- than men as their level of education in- ness Act.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17692 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 Mr. DURBIN. Mr. President, it is toward a cloture vote on S. 510. I am an list of letters from a total of 44 groups nearing 2 years since we passed the original cosponsor of S. 510, the food opposing this legislation and 4 news- Lilly Ledbetter Fair Pay Act pro- safety bill. I certainly had hoped that paper op eds. tecting the principle of equal pay for we would be able to come together in a There being no objection, the mate- equal work by allowing workers to pur- bipartisan way in support of that bill. rial was ordered to be printed in the sue pay discrimination cases beyond Unfortunately, the bill, with the sub- RECORD, as follows: stitute that has now been filed, is not the arbitrary window established by GROUPS OPPOSING PFA, 11/17/2010 the Supreme Court. Unfortunately, the same bill I originally cosponsored. 1. Alliance for Worker Freedom; 2. Amer- while the Lilly Ledbetter Act was an I will speak more about this after the ican Bakers Association (coalition letter); 3. important step in eliminating pay dis- vote, but it is my intent to vote American Bankers Association (coalition crimination, a sizable pay gap remains against cloture on this bill. letter); 4. American Hotel & Lodging Asso- between working men and women. With that, I yield the floor. ciation (coalition letter); 5. Associated The numbers are astounding. Nearly The ACTING PRESIDENT pro tem- Builders and Contractors; 6. Associated Gen- 50 years after the passage of the Equal pore. The Senator from Wyoming is eral Contractors (coalition letter); 7. Associ- Pay Act, a recent GAO report shows recognized. ated Industries of Massachusetts; 8. Coali- that managers who are women make 81 f tion of Franchisee Associations; 9. College and University Professional Association for cents to every dollar of their male PAYCHECK FAIRNESS ACT Human Resources (coalition letter); 10. Con- counterparts. According to the U.S. Mr. ENZI. Mr. President, I want to cerned Women for America; 11. Food Mar- Census Bureau report, the gap grows talk about the paycheck unfairness bill keting Institute; 12. HR Policy Association even larger—77 cents to every dollar— (coalition letter); 13. Independent Electrical that is before us. A better title for this when looking at the entire working Contractors; 14. Indiana Restaurant Associa- bill should be the ‘‘jobs for trial law- population. tion; 15. International Franchise Associa- yers act.’’ tion; 16. International Foodservice Distribu- In Illinois, for a median income I am confident that there is no Mem- household, that is a difference of $11,000 tors Association (coalition letter); 17. Inter- ber of this Senate who would tolerate national Public Management Association for each year. This is a significant dif- paying a woman less for the same work Human Resources (coalition letter); 18. Lou- ference in compensation. Imagine, for a simply because she is a woman. As hus- isiana Restaurant Association; 19. Maine family where the woman is the primary bands, fathers, and mothers of working Restaurant Association; 20. Montana Res- or only wage-earner how much dif- women, I believe we all recognize the taurant Association. ference $11,000 a year could make. gross inequity of discrimination in pay 21. National Association of Manufacturers; The Paycheck Fairness Act would 22. National Association of Wholesaler-Dis- based on gender. Congress has put two tributors (coalition letter); 23. National help narrow this pay gap by amending laws on the books to combat such dis- the Equal Pay Act to reduce discrimi- Council of Chain Restaurants (coalition let- crimination—Title VII of the Civil ter); 24. National Council of Textile Organi- nation in the workplace. It would bar Rights Act of 1964 and the Equal Pay zations (coalition letter); 25. National Fed- retaliation against workers for dis- Act of 1963. These are both good laws eration of Independent Business (coalition closing wages, so that workers can that have been well utilized to combat letter); 26. National Public Employer Labor identify pay discrimination when it discrimination where it exists, and I Relations Association (coalition letter); 27. happens. support the full enforcement of these National Restaurant Association; 28. Na- The bill would clarify what con- laws. Businesses that discriminate tional Retail Federation; 29. National Roof- ing Contractors Association (coalition let- stitutes valid justification for pay dif- against a female employee because of ferentials so that employers know ter); 30. National Small Business Associa- her gender must be corrected and pe- tion; 31. National Stone, Sand and Gravel As- what factors are lawful considerations. nalized. sociation (coalition letter); 32. Nebraska The law would clarify that gender dif- But what the majority is trying to Restaurant Association; 33. North Carolina ference alone is not adequate pay dif- push through here today is of a very Restaurant and Lodging Association; 34. ferential must be based on legitimate, different nature. The so-called Pay- Ohio Restaurant Association; 35. Printing In- job-related requirements. It would cre- check Fairness Act is actually a ‘‘jobs dustries of America (coalition letter); 36. Re- ate incentives for good behavior by for trial lawyers act.’’ The primary tail Industry Leaders Association; 37. Small providing technical assistance and em- beneficiary of this legislation will be Business & Entrepreneurship Council (coali- ployer recognition awards. trial lawyers. They will be able to tion letter); 38. Society for Human Resource Management (coalition letter); 39. Texas Finally, the legislation would amend bring bigger class action lawsuits— Restaurant Association; 40. U.S. Chamber of the Equal Pay Act to ensure that which usually result in coupons for the Commerce; 41. U.S. Commission on Civil women facing discrimination have ac- people that were disadvantaged—with- Rights; 42. Virginia Hospitality and Travel cess to the same wage discrimination out even getting the consent of the Association; 43. West Virginia Hospitality & remedies as are available for racial or plaintiffs, and they will have the weap- Travel Association; 44. World At Work (Re- ethnic wage discrimination. on of uncapped damages to force em- quires clarification that legit ER practices These commonsense solutions can ployers to settle lawsuits even when not covered by PFA). help narrow the wage gap. Women can- they know they have done nothing not afford, quite literally, to wait for wrong. The litigation bonanza this bill BILL TAKES ON DISTURBING PAY GAP—BUT OFFERS FLAWED REMEDIES this legislation any longer. We cannot would create would extend even to the ignore that the gender wage gap is un- smallest of small businesses, only fur- (November 17, 2010) acceptably large and shrinking much ther hampering our economic recovery. All eyes will likely be on U.S. Senator too slowly. We owe working women of There are a number of other con- Scott Brown this week as he casts a decisive cerning provisions of this legislation, Senate vote on the Paycheck Fairness Act, a America and their families—more. I bill aimed at helping women fight for equal look forward to casting my vote to pro- such as authorizing government to re- pay in the workplace. But while parts of the ceed to the Paycheck Fairness Act and quire reporting of every employer’s bill would be useful, the measure as a whole urge my colleague to join me. wage data by sex, race, and national is too broad a solution to a complex, nuanced Mr. President, I yield the floor. origin. Had this bill gone through com- problem. f mittee markup under regular Senate The bill is meant to address a troublesome order, we may have been able to ad- wage gap between women and men, which FOOD SAFETY dress some of these concerns. But this has decreased over time, but still persists; The ACTING PRESIDENT pro tem- bill—like so many other labor bills in today, most women earn roughly 77 cents for pore. The Senator from Georgia is rec- every dollar earned by men in equivalent the HELP Committee jurisdiction of jobs. The reasons for this discrepancy are ognized. this Congress—has circumvented reg- under dispute, and the Paycheck Fairness Mr. CHAMBLISS. Mr. President, ular order. Act would take some steps to protect against first, I thank Senator ENZI for allowing Mr. President, I ask unanimous con- blatant discrimination. Most notably, it me a couple of seconds here as we move sent to have printed in the RECORD a would bar businesses from retaliating
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17693 against employees who share information on the employer to prove that experience not more benefits. In fact, there were so many about their salaries with their coworkers. only yielded a measurably better quantity differences in pay-related choices that the The bill would also provide funds to train and quality of work, but also that it was the researchers were unable to specify a residual businesses to improve their pay practices best yardstick to use. ‘‘How are you going to effect due to discrimination. and train women to negotiate their salaries prove that?’’ asks Camille Olson, an attorney Some of the bill’s supporters admit that more effectively. at Chicago’s Seyfarth Shaw LLC who has the pay gap is largely explained by women’s But the controversial meat of the bill is testified against the legislation on behalf of choices, but they argue that those choices the changes it would make to the legal proc- the U.S. Chamber of Commerce. ‘‘It would be are skewed by sexist stereotypes and social ess, amending the Equal Pay Act of 1963. very, very difficult.’’ pressures. Those are interesting and impor- Where women today can only sue for back Making matters worse, under the new law, tant points, worthy of continued public de- pay, the new bill would allow them to seek damage awards would be uncapped, and bate. both compensatory damages and unlimited class-action procedures loosened. Bring on The problem is that while the debate pro- punitive damages. The bill would also make the trial lawyers. ceeds, the bill assumes the answer: it would it easier for workers to join class-action The nation already has strong legal protec- hold employers liable for the ‘‘lingering ef- suits. Most problematically, it would alter tions for women in the workplace, even for fects of past discrimination’’—‘‘pay dispari- the burden on businesses, requiring them to cases of unintentional discrimination. Under ties’’ that have been ‘‘spread and perpet- prove that any difference in pay is the result the Equal Pay Act of 1963, employers can jus- uated through commerce.’’ Under the bill, of a business necessity, and to demonstrate tify wage differentials only if they’re based it’s not enough for an employer to guard why they didn’t adopt a plaintiff’s suggested on gender-neutral factors, such as education, against intentional discrimination; it also ‘‘alternative remedy’’ that wouldn’t result in experience, productivity and market condi- has to police potentially discriminatory as- a pay gap. tions. sumptions behind market-driven wage dis- But what if a company offers a higher sal- This bill has its heart in the right place. It parities that have nothing to do with sexism. ary for retail workers in a more dangerous even has some worthwhile, less-intrusive Universities, for example, typically pay location, and more men sign up? What if a provisions, such as protection from company professors in their business schools more male worker leverages a job offer into a retaliation for workers who share informa- than they pay those in the school of social higher salary? Should these be illegal acts? tion about wages. work, citing market forces as the justifica- The bill would create too strong a presump- It has been approved by the House and is tion. But according to the gender theory tion in favor of discrimination over other, slated to reach the Senate floor next week. that informs this bill, sexist attitudes led so- equally plausible explanations for disparities It is a high priority for the Obama adminis- ciety to place a higher value on male-cen- in salaries. In addition, the threat of much tration. But it is much too intrusive, and the tered fields like business than on female-cen- higher damage awards by juries might lead Senate should reject it. tered fields like social work. businesses to make quick settlements for The bill’s language regarding these ‘‘lin- frivolous claims. (Today, about 60 percent of [From the New York Times, Sept. 21, 2010] gering effects’’ is vague, but that’s the prob- discrimination claims tracked by the Equal FAIR PAY ISN’T ALWAYS EQUAL PAY lem: it could prove a legal nightmare for Employment Opportunity Commission are (By Christina Hoff Sommers) even the best-intentioned employers. The found to have no merit.) theory will be elaborated in feminist expert Among the top items left on the Senate’s Proponents of the bill note that today’s testimony when cases go to trial, and it’s not to-do list before the November elections is a penalties for wage discrimination are so ane- hard to imagine a media firestorm devel- ‘‘paycheck fairness’’ bill, which would make mic that there’s no incentive for businesses oping from it. Faced with multimillion-dol- it easier for women to file class-action, puni- that discriminate to change their ways. A lar lawsuits and the attendant publicity, tive-damages suits against employers they narrower bill that would stiffen some pen- many innocent employers would choose to accuse of sex-based pay discrimination. alties and ban retaliation would be helpful. settle. The bill’s passage is hardly certain, but it But companies are right to be concerned The Paycheck Fairness bill would set has received strong support from women’s that this bill, as written, is too deep an in- women against men, empower trial lawyers rights groups, professional organizations and trusion. and activists, perpetuate falsehoods about even President Obama, who has called it ‘‘a the status of women in the workplace and common-sense bill.’’ [From the Chicago Tribune, Nov. 12, 2010] create havoc in a precarious job market. It is But the bill isn’t as commonsensical as it 1970s-style gender-war feminism for a society PAYCHECK FAIRNESS? might seem. It overlooks mountains of re- that should be celebrating its success in sub- Equal pay for equal work stands as a cor- search showing that discrimination plays lit- stantially, if not yet completely, overcoming nerstone of the American workplace, and we tle role in pay disparities between men and sex-based workplace discrimination. support the principle wholeheartedly. But women, and it threatens to impose onerous Congress is moving toward a fix that would requirements on employers to correct gaps [From the Washington Post, Sept. 28, 2010] be grossly intrusive on decision-making by over which they have little control. private businesses. The bill is based on the premise that the PAYCHECK FAIRNESS ACT: A FLAWED At least one group would get a fatter pay- 1963 Equal Pay Act, which bans sex discrimi- APPROACH TO JOB BIAS check from the Paycheck Fairness Act: trial nation in the workplace, has failed; for proof, There should be no tolerance for gender- lawyers. proponents point out that for every dollar based discrimination in the workplace, and The proposed law says that in cases where men earn, women earn just 77 cents. the Paycheck Fairness Act contains sensible a pay disparity between men and women is But that wage gap isn’t necessarily the re- provisions on the issue, including protec- challenged in court, an employer would have sult of discrimination. On the contrary, tions against retaliation for employees who to prove there is some reason for the gap there are lots of other reasons men might challenge pay schedules. But the proposal, other than discrimination. The employer earn more than women, including differences which builds on the existing Equal Pay Act, would also have to prove that the gap serves in education, experience and job tenure. would allow employees and courts to intrude a necessary business purpose. And even then, When these factors are taken into account too far into core business decisions. the employer could be in trouble if a court the gap narrows considerably—in some stud- The bill, which is pending in the Senate, determines that an ‘‘alternative employment ies, to the point of vanishing. A recent sur- would allow employers to defend against practice’’ would serve the same purpose vey found that young, childless, single urban equal-pay lawsuits by proving that pay dis- without skewing the salaries. women earn 8 percent more than their male parities between men and women were based Those judgment calls go by another name: counterparts, mostly because more of them on ‘‘bona fide’’ factors, such as experience or management decisions. The legislation earn college degrees. education, and that these factors are ‘‘con- would open businesses to wide second-guess- Moreover, a 2009 analysis of wage-gap stud- sistent with business necessity.’’ This provi- ing of decisions they made to hire and pro- ies commissioned by the Labor Department sion would codify the current state of the mote the most effective work force in a com- evaluated more than 5o peer-reviewed papers law as developed in the courts over the past petitive environment. It would leave busi- and concluded that the aggregate wage gap 30 years. During that time, judges pressed nesses with one eye on the competition and ‘‘may be almost entirely the result of the in- employers to prove the need for educational one eye on what a judge might decide in dividual choices being made by both male requirements that had no nexus to adver- hindsight is a preferable ‘‘alternative em- and female workers.’’ tised jobs. Such requirements were often ployment practice.’’ In addition to differences in education and used to deny employment to minority appli- Uncle Sam to the nation’s employers: We’ll training, the review found that women are cants. tell you how to run your business. more likely than men to leave the workforce But the bill does not stop there. It also Imagine a company that pays more to to take care of children or older parents. mandates that the business necessity defense workers with greater experience. If women They also tend to value family-friendly ‘‘shall not apply’’ when the employee ‘‘dem- haven’t been on the job as long as men, they workplace policies more than men, and will onstrates that an alternative employment would likely earn less. The burden would be often accept lower salaries in exchange for practice exists that would serve the same
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17694 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 business purpose without producing such dif- would be a more reasonable solution tims of discrimination in the payment ferential and that the employer has refused than a trial lawyer bonanza sure to dis- of wages on the basis of sex, and for to adopt such alternative practice.’’ But advantage all employers and depress other purposes, shall be brought to a what if the employer has refused because it job growth to the disadvantage of all close? has concluded that the alternative is—con- trary to the employee’s assertion—more employees, which results in disadvan- The yeas and nays are mandatory costly or less efficient? What if the employee taged employees getting coupons while under the rule. and employer disagree on what the business the trial lawyers keep most of the The clerk will call the roll. purpose is or should be? money. The legislative clerk called the roll. This approach also could make employers I urge my colleagues to oppose this Mr. KYL. The following Senator is vulnerable to attack for responding to mar- cloture vote. necessarily absent: the Senator from ket forces. Take an employer who gives a Mr. President, I yield the floor, and I Alaska (Ms. MURKOWSKI). hefty raise to a valued male employee who ask unanimous consent that the time The PRESIDING OFFICER. Are there has gotten a job offer from a competitor. during the quorum be equally divided any other Senators in the Chamber de- Would a court agree that the raise advanced siring to vote? a legitimate business purpose or could the between the two sides. employer be slammed unless he also bumps The ACTING PRESIDENT pro tem- The yeas and nays resulted—yeas 58, up the salary of a similarly situated female pore. Without objection, it is so or- nays 41, as follows: employee? dered. [Rollcall Vote No. 249 Leg.] Discrimination is abhorrent, but the Pay- The clerk will call the roll. YEAS—58 check Fairness Act is not the right fix. The legislative clerk proceeded to Akaka Franken Murray Mr. ENZI. Mr. President, the news- call the roll. Baucus Gillibrand Nelson (FL) paper articles I have submitted for the Mr. CORNYN. Mr. President, I ask Bayh Hagan Pryor Begich Harkin Reed RECORD were written by the editorial unanimous consent that the order for Bennet Inouye Reid boards of the Boston Globe, the Chi- the quorum call be rescinded. Bingaman Johnson Rockefeller cago Tribune, and the Washington The PRESIDING OFFICER (Mr. BEN- Boxer Kerry Sanders Post, while the other op ed, written by Brown (OH) Klobuchar Schumer NET). Without objection, it is so or- Burris Kohl Shaheen a guest columnist, appeared in the New dered. Cantwell Landrieu Specter York Times. I don’t think any of these Cardin Lautenberg f Stabenow would be considered to be conservative Carper Leahy CONCLUSION OF MORNING Casey Levin Tester newspapers, but they have taken a Conrad Lieberman Udall (CO) strong stand in the same direction and BUSINESS Coons Lincoln Udall (NM) position that I have been speaking The PRESIDING OFFICER. Morning Dodd Manchin Warner here. Dorgan McCaskill Webb business is closed. Durbin Menendez Whitehouse The bottom line is that this legisla- f Feingold Merkley Wyden tion will insert the Federal Govern- Feinstein Mikulski ment into workplace management de- PAYCHECK FAIRNESS ACT— MOTION TO PROCEED NAYS—41 cisions like never before. This intru- Alexander Crapo Lugar sion will benefit trial lawyers and CLOTURE MOTION Barrasso DeMint McCain harm job growth and employment, The PRESIDING OFFICER. Under Bennett Ensign McConnell which will affect both women and men. the previous order, the Senate will re- Bond Enzi Nelson (NE) Brown (MA) Graham Supporters of this bill cite wage data sume consideration of the motion to Risch Brownback Grassley Roberts that the Bureau of Labor Statistics proceed to S. 3772, which the clerk will Bunning Gregg Sessions itself says ‘‘do not control for many report. Burr Hatch Shelby Chambliss Hutchison factors that can be significant in ex- Snowe The legislative clerk read as follows: Coburn Inhofe Thune plaining earning differences.’’ In fact, Motion to proceed to Calendar No. 561, S. Cochran Isakson Vitter studies show that if you factor in ob- 3772, a bill to amend the Fair Labor Stand- Collins Johanns Corker Kyl Voinovich servable choices, such as part-time ards Act of 1938 to provide more effective Wicker work, seniority, and occupational remedies to victims of discrimination in the Cornyn LeMieux choice, the pay gap stands between 5 to payment of wages on the basis of sex, and for NOT VOTING—1 7 percent. Let me repeat: Part-time other purposes. Murkowski work, seniority, and occupational The PRESIDING OFFICER. The clo- The PRESIDING OFFICER. On this choice reduces the pay gap to between ture motion having been presented vote, the yeas are 58, the nays are 41. 5 and 7 percent. Some of these choices under rule XXII, the Chair directs the Three-fifths of the Senators duly cho- are certainly personal prerogatives, clerk to read the motion. sen and sworn not having voted in the and I would not question the choices The legislative clerk read as follows: affirmative, the motion is rejected. anyone makes with regard to family CLOTURE MOTION Mrs. BOXER. Mr. President, I am obligations or job security and the We, the undersigned Senators, in accord- very disappointed that the Paycheck quality of fringe benefits, such as ance with the provisions of rule XXII of the Fairness Act was filibustered today. health, retirement, and child care. But Standing Rules of the Senate, hereby move The Paycheck Fairness Act passed to a large extent, this remaining gap is to bring to a close the debate on the motion the House on January 9, 2009, by a vote due to occupational choice. to proceed to Calendar No. 561, S. 3772, the of 256–163 and Senate passage is long It is unfortunate that this Congress Paycheck Fairness Act. Harry Reid, Patrick J. Leahy, John F. overdue. has not done more to foster a job Kerry, Carl Levin, Jack Reed, Bernard This critical legislation will growth environment and improve job Sanders, Benjamin L. Cardin, Frank R. strengthen the Equal Pay Act and training programs, such as the Work- Lautenberg, Ron Wyden, Tom Harkin, close the loopholes that have allowed force Investment Act, which could Amy Klobuchar, Sherrod Brown, employers to avoid responsibility for train 100,000 people to be hired in Kirsten E. Gillibrand, Christopher J. discriminatory pay. skilled jobs—sometimes in the non- Dodd, Patty Murray, Barbara Boxer. Although the wage gap between men traditional roles. So instead of being a The PRESIDING OFFICER. By unan- and women has narrowed since the pas- waitress, they might be a brick mason. imous consent, the mandatory quorum sage of the landmark Equal Pay Act in We have heard that example in hear- call has been waived. 1963, gender-based wage discrimination ings. Such training under the Work- The question is, Is it the sense of the remains a problem for women in the force Investment Act produces signifi- Senate that debate on the motion to workforce. cantly higher wages, and that would proceed to S. 3772, a bill to amend the According to the U.S. Census Bureau, prepare more women to enter higher Fair Labor Standards Act of 1938 to women only make 77 cents for every earning occupational fields. Surely this provide more effective remedies to vic- dollar earned by a man. The Institute
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17695 of Women’s Policy Research found that only 77 cents for every dollar earned by Federal Food, Drug, and Cosmetic Act this wage disparity will cost women their male counterparts. That equates with respect to the safety of the food anywhere from $400,000 to $2 million to almost $11,000 less per year. In supply, shall be brought to a close? over a lifetime in lost wages. Today an Rhode Island, women on average make The yeas and nays are mandatory average college-educated woman work- approximately $36,500 where men make under the rule. ing full time earns as much as $15,000 $49,000. For full-time, college educated The clerk will call the roll. less than a college-educated male. Rhode Island workers over 25 years old, The assistant legislative clerk called Working families lose $200 billion in in- women make an average of $55,000, the roll. come per year due to the wage gap be- while men average $70,000. This is sim- Mr. KYL. The following Senator is tween men and women. ply unacceptable and shows that the necessarily absent: the Senator from Pay discrimination is hurting our remedies provided by current law are Alaska (Ms. MURKOWSKI). middle class families and hurting our not adequate. Those who dismiss the The PRESIDING OFFICER. Are there economy. Loopholes created by the disparity as a consequence of women’s any other Senators in the Chamber de- courts and weak sanctions in the law ‘‘choice of work’’ ignore the fact that siring to vote? have allowed many employers to avoid the wage gap exists even in highly The yeas and nays resulted—yeas 74, liability for engaging in gender-based skilled industries such as aerospace en- nays 25, as follows: pay discrimination. gineering and network systems and [Rollcall Vote No. 250 Leg.] That is why the Paycheck Fairness data communications analysis. YEAS—74 Act is so important. The Paycheck Fairness Act would Akaka Feingold Merkley The bill closes loopholes that have have required employers seeking to pay Alexander Feinstein Mikulski allowed employers to justify pay dis- women less money than their male Barrasso Franken Murray Baucus Gillibrand Nelson (FL) crimination and prohibits employers counterparts to justify the difference Bayh Grassley Pryor from retaliating against employees with legitimate business factors. It Begich Gregg Reed who share salary information with would also have allowed women to Bennet Hagan Reid Bingaman Harkin Rockefeller their co-workers. It puts gender-based compare their wages to those of their Boxer Inouye discrimination sanctions on equal foot- Sanders colleagues in the same county, not just Brown (MA) Johanns Schumer Brown (OH) Johnson ing with other forms of wage discrimi- their own office, providing a larger and Shaheen Burr Kerry nation—such as race, disability or Snowe fairer pool of comparative examples. Burris Klobuchar Specter age—by allowing women to sue for And the bill would have allowed women Cantwell Kohl compensatory and punitive damages. to receive punitive and compensatory Cardin Landrieu Stabenow Tester And it also requires the Department of damages equal to those in cases of Carper Lautenberg Casey Leahy Thune Labor to enhance outreach and train- race-based discrimination. We owe it to Collins LeMieux Udall (CO) ing efforts to work with employers in the hard-working women of the United Conrad Levin Udall (NM) order to eliminate pay disparities. States, especially in these difficult eco- Coons Lieberman Vitter One of the 111th Congress’s most im- Corker Lincoln Voinovich nomic times, when every penny of Dodd Lugar Warner portant achievements was passing the every paycheck counts, to continue to Dorgan Manchin Webb Lilly Ledbetter Equal Pay Restoration fight for equality. Durbin McCaskill Whitehouse Act. That legislation, which is now I commend the bill’s original spon- Enzi Menendez Wyden law, ensures that women who have sor, Secretary Clinton, as well as Sen- NAYS—25 been the victims of pay discrimination ator DODD and Senator MIKULSKI, who Bennett DeMint McConnell get their day in court and can chal- have worked so hard to bring attention Bond Ensign Nelson (NE) lenge employers that willingly pay to the issue of gender discrimination in Brownback Graham Risch Bunning Hatch them less for the same work. the workplace. I will continue to fight Roberts Chambliss Hutchison Sessions The Equal Pay Restoration Act hon- alongside my colleagues for the pas- Coburn Inhofe Shelby ors the legacy of Lilly Ledbetter, a su- sage of the Paycheck Fairness Act. Cochran Isakson Wicker pervisor at a Goodyear Tire Plant in Cornyn Kyl f Crapo McCain Alabama, who after 19 years of service discovered she had earned 20 to 40 per- FDA FOOD SAFETY MODERNIZA- NOT VOTING—1 cent less than her male counterparts TION ACT—MOTION TO PROCEED Murkowski for doing the exact same job. CLOTURE MOTION The PRESIDING OFFICER. On this Today we had another important op- The PRESIDING OFFICER. Pursuant vote, the yeas are 74, the nays are 25. portunity to honor the legacy of to rule XXII, the clerk will report the Three-fifths of the Senators duly cho- women like Lilly Ledbetter by passing motion to invoke cloture. sen and sworn having voted in the af- this legislation. The assistant legislative clerk read firmative, the motion is agreed to. But instead of standing up for equal as follows: Mr. LEAHY. Mr. President, I suggest economic opportunity for women, Re- CLOTURE MOTION the absence of a quorum. publicans said no, and filibustered this We, the undersigned Senators, in accord- The PRESIDING OFFICER. The important bill. ance with the provisions of rule XXII of the clerk will call the roll. I am very disappointed by this out- Standing Rules of the Senate, hereby move The assistant legislative clerk pro- come, but I want my colleagues to to bring to a close the debate on the motion ceeded to call the roll. know that we will not give up this to proceed to Calendar No. 247, S. 510, the Mr. CHAMBLISS. Mr. President, I fight. FDA Food Safety Modernization Act. ask unanimous consent that the order Mr. WHITEHOUSE. Mr. President, I Harry Reid, Tom Harkin, Richard Dur- bin, Jeff Bingaman, Max Baucus, Tom for the quorum call be rescinded. rise today to express my disappoint- Udall, Jon Tester, Benjamin L. Cardin, The PRESIDING OFFICER (Mr. ment in the failure of the Senate to in- Jeanne Shaheen, Frank R. Lautenberg, BURRIS). Without objection, it is so or- voke cloture on the Paycheck Fairness Herb Kohl, Robert P. Casey, Jr., Jack dered. Act. After our triumph 2 years ago in Reed, Thomas R. Carper, Bill Nelson, Mr. CHAMBLISS. Mr. President, I advancing gender equality through the Kent Conrad, Carl Levin, Mary L. Lan- ask unanimous consent to be allowed Lilly Ledbetter Act, the first piece of drieu. to speak as in morning business. legislation signed by President Obama, The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. Without the Paycheck Fairness Act would have imous consent, the mandatory quorum objection, it is so ordered. been another step towards ending gen- call has been waived. Mr. CHAMBLISS. Mr. President, I der discrimination in the workplace. The question is, Is it the sense of the am an original cosponsor of S. 510, the Four decades after the Equal Pay Act Senate that debate on the motion to bill we just invoked cloture on, and as was signed into law, women still earn proceed to S. 510, a bill to amend the I said before the vote, I was going to
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17696 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 actually have to vote against cloture ity, I think it is not the proper way to supermarket. We support FDA food safety and I would speak after the vote as to go. programs developed through a scientific, why because we were up against a Secondly, with respect to that issue, risk-based approach and that benefit public even if they are exempt as a small health. timeline. I wish to take a minute to For the public to have confidence in the say I regret to have had to vote against farmer, they still have a mandate of a food safety system, Congress and federal reg- cloture. Now that cloture has been in- huge amount of paperwork that has to ulators must bring all segments of the food voked, I guess we will go to the bill, go along with their production on an production and processing system into com- and, hopefully, we can make the nec- annual basis. So I don’t know what is pliance with national safety standards. We essary changes in it to improve this going to happen with respect to the believe technical assistance, training, ex- bill. But, frankly, the bill I originally amendment process. We have heard tended transition timeframes for compli- cosponsored is not the bill that is com- there may be a filling of the tree and ance, and financial support are more appro- ing to the floor today. It has been there will be no amendments. I hope priate ways to assist small businesses throughout the food distribution chain to changed in some material ways. As late that is not the case. I hope we have the comply with important food safety stand- as this morning there were changes opportunity to have an unlimited ards. We urge the Senate to incorporate being made, and I understand there are amount of amendments and that we these types of provisions into the final bill discussions going on right now that can get the bill corrected and can then rather than provide blanket exemptions. may even change it again. make it, at the end of the day, a good We urge the Senate to reject the notion of First, let me say that the issue of bill that will generate a significant providing blanket exemptions for segments food safety is an issue that is of pri- vote on this floor. We have also heard of the food industry based solely upon size, mary importance. We need to make location, or type of operation. Consumers there may be no amendments that are should be able to rely on a federal food safe- sure the food that is put in the retail going to be allowed and, obviously, ty framework that sets appropriate stand- stores as well as in restaurants and without a definite understanding on ards for all products in the marketplace. every other location in America is ab- that, I had to be opposed to the bill. Sincerely, solutely the safest, highest quality Let me say one other issue that con- American Feed Industry Association; food product anywhere in the world. cerns me is an amendment that was American Frozen Food Institute; That has always been our reputation. filed by Senator TESTER. I know his American Fruit and Vegetable Proc- But there are some gaps in the food heart is in the right place, but no less essors and Growers Coalition; Amer- safety inspection program in the than about 30 national agricultural ican Meat Institute; American Mush- room Institute; California Grape and United States today that have allowed groups wrote a letter to Chairman Tree Fruit League; Corn Refiners Asso- some things to happen. We had a situa- HARKIN, as well as to Ranking Member ciation; Florida Tomato Exchange; tion in Georgia 2 years ago where we ENZI, on Monday saying they were op- Fresh Produce Association of the found salmonella in some peanut but- posed to that amendment and, if it is Americas; Georgia Fruit and Vegetable ter in a location in south Georgia—a included in the bill, they are going to Growers Association; Idaho Potato manufacturing location. And while be opposed to the bill. That again is Commission; International Dairy FDA had the authority to go in and one of these eleventh-hour issues that Foods Association; National Council of make an inspection, the way they actu- remains undecided. Farmer Cooperatives; National Chick- Mr. President, I ask unanimous con- en Council; National Farmers Union; ally inspected it was on a contract National Grain and Feed Association; basis through the Georgia Department sent to have printed in the RECORD a National Meat Association; National of Agriculture. They didn’t have the re- copy of the letter to which I just re- Milk Producers Federation; National sources to do the real oversight that ferred. Oilseed Processors Association; Na- needed to be done. Here we had a com- There being no objection, the mate- tional Pork Producers Council; Na- pany that had found salmonella in pea- rial was ordered to be printed in the tional Potato Council; National Tur- nut butter with their own inspections RECORD, as follows: key Federation; National Watermelon Association; Pet Food Institute; and their own product had been sent to NOVEMBER 15, 2010. Produce Marketing Association; Shelf- Hon. TOM HARKIN, their contractor and salmonella was Stable Food Processors Association; found to be positive, and yet they Chairman—Health, Education, Labor and Pen- sions (HELP) Committee, Washington, DC. Texas Produce Association; United Egg didn’t have to report that to FDA. Producers; United Fresh Produce Asso- That has been changed in this bill, but Hon. MICHAEL B. ENZI, Ranking Member—Health, Education, Labor ciation; U.S. Apple Association; West- those are the types of gaps it is impor- and Pensions (HELP) Committee, Wash- ern Growers Association. tant to see changed. ington, DC. Mr. CHAMBLISS. Mr. President, I What is a problem to me right now is DEAR CHAIRMAN HARKIN AND RANKING MEM- hope that at the end of the day amend- a number of things, not the least of BER ENZI: The safety of this nation’s food ments will be allowed; that we can which is the definition of what is a supply is the highest priority for the food come up with a bill that is positive and small farmer. Small farmers have been and agricultural organizations represented that closes these gaps we have in the on this letter. As the Senate advances sound granted an exemption, but that provi- food safety inspection program in this sion was changed as recently as this public policy to maximize public health and ensure consumer confidence in our food safe- country. morning. I understand, also, that it is ty system, we understand the Senate may Senator KLOBUCHAR and I have up for discussion again now. But the consider amendments to S. 510, the ‘‘Food worked very hard on a provision that is definition currently in the bill is that a Safety Modernization Act,’’ that would ex- included in the base bill that will im- small farmer is determined to be a empt certain segments of the food industry prove the inspection process and make farmer with gross receipts smaller than from food safety requirements contained in it easier and give more authority and, $500,000. Well, unfortunately, or fortu- this legislation. In particular, we understand more importantly, more teeth to the nately, in my part of the world, cotton that these amendments target exemptions folks who are charged with doing the today is selling at $1.50 a pound. A bale based on the size of farms and type of mar- keting operation. inspections. If that is the case, and we is 500 pounds. It doesn’t take many The undersigned organizations represent can get the right amendments done, bales to reach $500,000 in gross receipts the vast majority of growers, producers, then perhaps we can get a true bipar- from the sale of cotton, and that shippers, distributors, processors, packers, tisan bill passed and one we can all feel doesn’t count peanuts and wheat and and wholesalers, and the vast majority of good about supporting. corn and whatever else may go along our members are small businesses. We be- With that, Mr. President, I yield the with it. So trying to put an arbitrary lieve an operation’s size, the growing prac- floor. number such as that, and saying if you tices used, or its proximity to customers The PRESIDING OFFICER. The Sen- does not determine whether the food offered have gross receipts in excess of that is safe. What matters is that the operation ator from Wyoming. number the FDA has the authority to implements prudent product safety prac- SECOND OPINION come on your farm, but if you have less tices, whether the product is purchased at a Mr. BARRASSO. Mr. President, a than that they do not have the author- roadside stand, a farmers’ Market, or a large couple of weeks ago, Americans voted.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17697 They voted for more jobs, for less That statement was made by Sen- if it truly wanted to demonstrate that spending and, of course, for smaller ator-elect Boozman. it got the message—the House and the government. As you know, I have come It is not supported by the American people. Senate would immediately repeal the to the Senate floor week after week to They do not want one size fits all health President’s new health care law. Sen- give a doctor’s second opinion about care. ator DEMINT currently has a bill that the health care law. Polling shows that A statement made by Senator-elect would repeal the health care law in its 58 percent of Americans voting on elec- Coats. entirety. By passing this law, we could tion day still want to repeal and re- Government control of health care will re- ensure that the American people will place the President’s new health care duce competition, limit personal choices, get the reform they want. law. and increase overall costs. It is unlikely that Democrats will Americans have made it clear they A statement made by Senator-elect vote for a straight up-or-down repeal oppose this new policy that put Wash- Hoeven. bill, and even less likely that the Presi- ington between patients and their doc- I think premiums will rise, and as people dent would sign it into law. So I wish tors. The day after the election, Presi- begin to deal with the penalties of to talk about other Republican pro- dent Obama was asked about his health Obamacare, we will have more loss of jobs. posals that would eliminate some of care law’s impact on the election. He That was Senator-elect Rand Paul. the most egregious portions of the didn’t seem to understand the message Next: President’s new health care law. from the American people. It appears We’re becoming less competitive every Senator HATCH of Utah proposed the to me that the President continues to time government increases the cost of being American Job Protection Act. It re- believe the American people liked his in business—and if it’s a problem for a large peals the health care law’s job-killing policy but just didn’t like his sales business, my small business men and women employer mandate. It strikes relevant pitch. will have even greater struggles to over- come. sections in the health care law forcing Well, in the President’s first year employers to provide health insurance That was Senator-elect Moran. Next: alone, he participated in 42 press con- to their employees or face a penalty. ferences, gave 158 interviews—includ- I do not think that 12 new taxes and cuts Senator HATCH has also introduced ing 5 Sunday shows all in 1 day—held 23 to Medicare are in the interest of the people. the American Liberty Restoration Act. townhall meetings and had 7 campaign That was Senator-elect Kirk. It repeals the health care law’s indi- rallies. In fact, there were only 21 days It’s going to bankrupt America, it adds $2.5 vidual mandate—the mandate requir- in that entire first year when the trillion to our debt in the long term. ing all Americans to buy health insur- President had no public or press That is Senator-elect Rubio. ance. The Federal Government has events. Clearly, the American people That’s why it’s important to keep the re- never before forced the American peo- heard the President’s sales pitch; they peal effort alive. What we owe is not a Re- ple to purchase a product, a good, or a just didn’t want to buy his product. publican issue or a Democratic issue. It is an service they may not want. We should Nevertheless, the President and this American issue. overturn this unconstitutional man- Congress proceeded to force this new Senator-elect Ayotte. date. health care law upon the American Every possible means must be applied people, and they paid a heavy price in within Congress as well as through the appli- Senator JOHANNS introduced the the 2010 elections when Americans cation of the Constitution and the law to Small Business Paperwork Elimination voted for candidates who vowed to stop full implementation of this legislation. Act. It repeals section 9006 of the overturn the President’s new law. Senator-elect Lee. health care law. Section 9006 requires business owners to submit separate Republicans have listened to the I have proposed over a dozen health care American people and are committed to solutions to help reduce the cost of health 1099 reporting forms for each business- ensuring that America’s health care care. to-business transaction totaling more system continues to remain the best in Senator-elect Blunt. And in conclu- than $600 over the course of a year. the world. As a physician, as well as a sion: Small business owners now, with this law, have to file 1099 forms for basic Member of the Senate, I listened care- I can tell you at least one thing coming fully to the discussions and the debate . . . When it comes time to vote to repeal business expenses, such as phone serv- during the entire campaign season. I health care, I vote yes. ice, Internet service, shipping costs, listened to what candidates had to say Senator-elect Portman. and office supplies. This only serves to on both sides of the aisle, I listened to That is United Against Obamacare increase the cost to own and to operate what Americans had to say all over the and statements made by the men and a business. Why? Because, according to country, and I put together something women who were recently elected to the law, they will then be able to pro- called United Against Obamacare. It is the Senate on the Republican side of vide $17 billion more in taxes to pay for a compendium of comments and state- the aisle. this unwanted health care law. ments made by the 13 newly elected We will fight to repeal the law and Senator CORNYN introduced the Republican Senators to this body who replace it with legislation that will Health Care Bureaucrats Elimination will take office within the next 2 help patients and providers and tax- Act. It repeals the health care law’s months. Let me read sentences taken payers. Independent Payment Advisory Board. from statements each of them made During his recent press conference, This bill would remove the unelected, about health care. President Obama also said that if Re- unaccountable bureaucrats from their I view the health care bill as the single publicans have ideas for how to im- position of making Medicare payment greatest assault to our freedom in my life- prove our health care system, he would and reimbursement decisions. time. now be happy to consider them. Well, it Senator ENZI offered the grandfather The thing that worries me the most about would have been nice if he had consid- regulation resolution of disapproval. this bill, 2,000 pages of all kinds of mandates, ered our ideas during the last 2 years This resolution overturns a new Obama huge new government control of health care, is that in time—and it won’t be much time— but better late than never. Since the administration health care law regula- the government is going to intervene be- President was sworn in, Republicans tion. President Obama repeatedly tween patients and their doctor. have proposed a host of proposals that promised: If you like what you have, That first sentence was by Senator- will improve health care in America. you can keep it. This so-called grand- elect Johnson and the next sentence Today, I wish to walk through some of father regulation breaks that promise. was from Senator-elect Toomey. the Republican ideas that are strongly The new regulation was supposed to I don’t want the government to tell me supported by a majority of the Amer- spare businesses already providing what is acceptable and unacceptable about ican people. health insurance to their workers my health care options. I want my doctor to First, if Congress wanted to truly many of the higher costs of new man- tell me what’s best for my care. demonstrate that it got the message— dates imposed by the health care law.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17698 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 If businesses lose this so-called grand- More important, I don’t think the dress—I will talk briefly about it and fathered status, then they will be re- public wants us to continue debating then yield to my colleague from Dela- quired to comply with all the new in- health care. The public wants us to ware, Senator CARPER—some of the surance mandates in the law. This in- work on job growth, to focus on things problems with our current food safety cludes requirements to offer a Federal like I did in Ohio Monday where I gath- system. It will require facilities to con- minimum benefit package and to waive ered 300 small businesses, people who duct an analysis of the most likely copayments for certain services. This make things, who want to sell to major food safety hazards and design and im- will force our small businesses to aerospace manufacturers, in this case plement risk-based controls to prevent change plans and increase costs. Airbus in my State, putting people to them. It would increase the frequency In fact, the regulation—and it is a work—because that is what it is all of plant inspections. It would strength- regulation where they took two pages about. en recordkeeping requirements and of the law and blew it into 121 pages of Mr. President, I want to speak for a food traceability systems so we know regulations—the regulation estimates moment about food safety. It is tempt- where the food came from before it gets that fully 80 percent of small busi- ing to take the safety of our food sup- to the grocery store. It provides the nesses can expect to lose their grand- ply as given, but it is actually more a FDA with the authority to mandate fathered status based on the extensive goal, one that continues to elude us. food recalls, something that is vol- regulations the administration wrote. Each year in the United States 76 mil- untary now. This is a job-killing, wage-cutting reg- lion people contract a foodborne ill- Most companies step forward and do ulation. Certainly, this is not the re- ness. Some get mildly sick, some get it. Some do not. Some delay before form the American people were prom- very sick, a few actually die. The Cen- they do, imposing health risks. It ised. ters for Disease Control and Prevention would ensure further study by the FDA Also, just this week, Leader MCCON- estimates that more than a few, 5,000 on enhanced safety and sanitary meth- NELL is filing an amicus brief regarding people a year, die from foodborne ill- ods for the transportation of foods, and the health care litigation that is cur- ness. These are mostly not people in we must ensure this includes an exam- rently pending in Florida’s Federal their thirties who are healthy. It is the ination of the pallets on which our food court. His brief argues that the indi- very young, very old, those whose is shipped. vidual mandate is not authorized by health may be frail, whose health may At home you don’t use the same cut- Congress and that the Government not be as strong as others’. Nonethe- ting board for chicken that you use for cannot use the commerce clause to less, 5,000 people die a year. vegetables, or at least you should not, force citizens to buy a product. Over the last few years we faced mel- because of potential food safety prob- This list of ideas represents only a amine in infant formula, harmful sea- lems. It is the same thing with these fraction of the Republican ideas cur- food from China, tainted peppers from wooden pallets because they can col- rently on the table. If the President is Mexico, E. coli in spinach, Salmonella lect—especially wooden pallets—way serious about working with us, he will in peanuts. Sometimes it is inter- more bacteria than you can imagine. consider our constructive proposals. If national problems. Sometimes it is do- We require more extensive provisions not, he will continue to see the Amer- mestic problems. International prob- for heightened security of imports ican people strongly speak out against lems mean we ought to be looking at which account for an increasing share his expensive, overreaching, and ideo- trade policy closer than we have, but of our fresh fruits and vegetables, an logical agenda. that is a debate for another day. increasing share of U.S. food consump- I yield the floor. A few months ago we had a nation- tion. The PRESIDING OFFICER. The Sen- wide recall of eggs due to Salmonella This bill is here today because of the ator from Ohio is recognized. contamination. Just this week we saw strong work especially of Senator DUR- Mr. BROWN of Ohio. Mr. President, I a recall of smoked turkey breast prod- BIN of Illinois and Representative JOHN know Senator BARRASSO is relatively ucts because of Listeria contamina- DINGELL of Michigan. Also, I commend new in Washington, House or Senate. I tion. The safety of Americans is Ranking Member ENZI on the HELP appreciate his words. I am not talking threatened by a regulatory structure Committee and Chairman HARKIN and about him. But there are so many op- that has failed to keep pace with mod- Senators DODD, BURR, and GREGG for ponents of this health care legislation. ern changes in food production, proc- their work. First of all, regarding some of the essing, and marketing. I also commend the Kroger Company partisan opponents of this law—the We have at our grocery stores a won- based in Cincinnati, OH, for the work American people do not want to see us derful thing. We have all kinds of selec- they and other grocery store chains relitigate and redebate the health care tions: fresh fruits and vegetables and and other food processing companies legislation. They want some focus on fish and all kinds of foods we didn’t have done collectively to make sure job growth. But what strikes me as a have when I was growing up in the this legislation works for them on the bit hypocritical—again, I am not sin- 1960s in Mansfield, OH. We did not have traceability issue. Many of them, many gling out Senator BARRASSO because he that kind of selection in food stores, of these companies, have already set up has not been here very long—there are especially in the winter months. Now good traceability provisions by them- so many Members in the House of Rep- we do. That is a great thing, but we selves without government involve- resentatives and in the Senate who don’t do what we need to do to guar- ment. I think Kroger is especially to be have enjoyed government health care antee its safety. commended for doing that. The best for a decade or two or three, where tax- It is time to fix this broken system way to ensure the FDA can decisively payers paid for their health care. Those once and for all. The time has come for respond to foodborne outbreaks is to conservative Members did nothing, Congress to pass legislation that will authorize a comprehensive food tracing zero, to help those people without in- in fact improve our country’s food safe- system, as I mentioned. surance, to help those people who had ty system. America’s families should Earlier this year I introduced S. 425, preexisting conditions, to help those be able to put food on the table with- the Food Safety and Tracing Improve- people close the doughnut hole, help out fearing any kind of contamination. ment Act. It would improve the ability senior citizens to get help on their drug We shouldn’t worry that the food in the of Federal agencies to trace the origins costs. school cafeterias, ballparks, grocery of all contaminated food. I am very Now they want to repeal the health stores, or local restaurants will send a pleased that important components care bill. In other words, they want to child to the hospital and spread panic and goals of my legislation are in- keep their government insurance for throughout the community. cluded in the managers’ amendment. themselves, but they don’t seem to That is why I am so pleased we are With the addition of these stronger want to help anybody else out there. It considering the Food Safety Mod- traceability provisions, the FDA will just sickens me. ernization Act. This legislation will ad- be tasked with establishing a tracing
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17699 system for both unprocessed and proc- The PRESIDING OFFICER. Without still have holes in the current adminis- essed food, such as peanut butter. The objection, it is so ordered. tration where we cannot get people 2008–2009 peanut butter Salmonella out- THANKING SENATOR BURRIS confirmed on the floor, whether it is break which sickened more than 700 Mr. CARPER. Mr. President, first, let for Assistant Secretary or Under Sec- people and resulted in 9 deaths dem- me say I have had the pleasure any retary—all kinds of provisions. I call it onstrates exactly why the FDA needs number of times, as I think have most administration Swiss Cheese, and it is expanded authority to trace foods. all of our colleagues, to be recognized hard to try to govern. The administra- One victim of the peanut butter Sal- by the Presiding Officer. Many times it tion realized that early on in a place monella outbreak was Nellie Napier of is you. I know you will be leaving us like CMS, which stands for Centers for Medina, OH. Ms. Napier was an 80-year- soon—2 days—but it has been a real Medicare and Medicaid Services. old mother of 6 children, 13 grand- pleasure to serve with you. I appreciate In that position, we needed some- children, and 11 great-grandchildren. not only having the opportunity to one—we needed someone like yester- She got ill in January of 2009, almost 2 work in the Senate with you but on our day—and it looked as if we would have years ago, after eating a peanut butter committees and subcommittees. You a tough and probably a long confirma- product tainted with Salmonella. When have been a great colleague. We are tion fight with Dr. Berwick. We just she got sick, doctors told her family going to miss you. went ahead and made the recess ap- there was nothing they could do and HEALTH CARE pointment when we were in recess. So she died shortly thereafter. Senator BARRASSO was speaking ear- he is on the job now. The FDA was able to identify the lier, talking about the health care leg- I did not know what to expect in the source of the outbreak in a short pe- islation. One of the means of paying for hearing. Would it be vitriolic? Dr. Ber- riod of time, but it was incredibly dif- part of the health care reform—you wick did not ask to be a recess ap- ficult and time consuming for the FDA may recall the Congressional Budget pointee. He said the President asked to determine where all the contami- Office has said health care reform is him to serve and he said he would nated peanut butter ended up. The expected to actually reduce the budget serve. I think he hit the deck running source company sold to 85 other com- deficit by about $100 billion over the and is doing a very nice job. I think the panies. They sold to another 1,500 com- next 10 years and by about another $1 hearing today was more positive, more panies, and many of those companies trillion in the 10 years following that. focused on issues and results than I had sold to other companies. There were no Part of our challenge is to make sure expected it would be. trace-back provisions to be able to help we do that, that potential for deficit When we passed health care reform and warn others of potential contami- reduction is realized. earlier this year, for me, having nation. One of the provisions in the health worked on it with my colleagues on the Last year, the Inspector General re- care bill calls for businesses, large and Finance Committee for about, gosh, leased a report entitled ‘‘Traceability small, to submit form 1099s when they over a year, my focus at the time was, in the Food Supply Chain.’’ This report make a purchase of a service or a good How do we get better results for less identified significant and unacceptable from some other business. That can be money? And we have a lot of people, as difficulties in tracing food through the an administrative burden for busi- we know, who do not have health care supply chain. The report attempted to nesses. coverage at all. We need to extend cov- trace 40 products through each stage of The reason it was put in the bill was erage to them or as many of them as the food supply chain. They were able because it is a big cash economy and we can. But unless we also figure out only to trace 5 of the 40. That is why there is a huge tax gap of money that how to get better health care outcomes we know how important this legisla- is owed to the Treasury. Last time the for less money, we are not going to be tion is. We required the FDA to estab- IRS estimated, they said it was about able to sustain extending coverage to lish a product tracing system and de- $300 billion in moneys owed to the people who do not have it. So we have velop additional recordkeeping require- Treasury not being paid, in many cases to do both. And a good deal of what Dr. ments for foods the FDA determines to by businesses—in a lot of cases where Berwick testified to today was, How do be high risk. We require the Comp- they work on a for-cash basis. The IRS we provide better results for less troller General to examine and provide has asked us forever to do something money? recommendations regarding how to fur- about that problem. We tried to do it One of the aspects of the legislation ther improve the product tracing sys- in the context of health care reform he spoke to which is about to be imple- tem. We don’t know everything yet and use it for part of the way to pay for mented in less than 2 months focuses that we need to do. This gives the FDA the health care costs. on Medicare and it focuses on our sen- and the Comptroller General guidance We are going to come back and fix ior citizens. and leadership and the authority, in that issue—particularly the concerns As many of us know, since 2006 there addition to what we have done, to do it raised by smaller businesses that this has been a Medicare prescription drug in the right way. is an administrative burden—to see if program. We call it Part D. Medicare I thank Senators HARKIN, ENZI, DUR- there is a way to make it a lot less bur- has Parts A and B, which is doctor care BIN, BURR, DODD, and GREGG for the densome but at the same time to see if and hospital care, it has Part C, which work they have done, and Representa- there is a way to close the tax gap. is Medicare Advantage, and it has Part tive DIANA DEGETTE from Denver and The idea that those of us paying our D, which is the prescription drug pro- Senators MERKLEY and FRANKEN, who fair share of taxes know a number of gram. In Part D, when we actually have been particularly strong advo- folks and businesses are not is enough adopted it, we said that the first rough- cates working with me. to make our blood boil. We have to fix ly $3,000 of name-brand drugs Medicare The goal is to make food safety a that and at the same time not create recipients take in a year—Medicare foregone conclusion. It is what Ameri- an unneeded burden for businesses in pays roughly 75 percent of the first cans expect. It is what we have had complying. $3,000. The individual pays the rest. Ev- through many years. We have moved We just had a hearing in the Finance erything over $6,000 in name-brand away from that. This puts us right on Committee this morning. The hearing drugs that a person takes in a year in course to do it right. was one sought by Republicans but also this program—Medicare covers about I thank the President, and I yield the looked forward to by Democrats. Our 95 percent of everything over $6,000. floor. speaker was Dr. Donald Berwick, whom For most people, everything between The PRESIDING OFFICER. The Sen- you may know is the new adminis- $3,000 and $6,000 in a year, Medicare ator from Delaware is recognized. trator appointed by the President—a pays zero. That is called the doughnut Mr. CARPER. I ask unanimous con- recess appointment because he ex- hole. sent to speak as in morning business pected that we would have a very dif- Come January 1, the doughnut hole for 10 minutes. ficult time getting him confirmed. We is going to be about half filled, and we
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17700 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 will find that instead of Medicare pay- mammographies, we want them to get years of serving on the Senate Select ing zero for name-brand drugs bought the colonoscopies when they are due to Committee on Intelligence, serving as by Medicare recipients purchasing be- get them. In doing that, we are going the committee’s vice chairman for the tween $3,000 and $6,000 per year, Medi- to save money in the long haul. past 4 years. In this role I have been care will pay 50 percent. Over the next The last thing I wish to mention is privy to our Nation’s deepest secrets, 10 years, Medicare will pay more each that there is a lot of fraud in Medicare. including great successes and some year. When we get to 2020, Medicare There is a lot of fraud in Medicaid. failures. Unfortunately, the failures will be covering 75 percent of the cost There are great provisions in the legis- usually get leaked to the media while of those name-brand drugs. That will lation that will enable us to go after most of the successes go unheralded. accomplish a couple of things. One, you fraud in Medicare, in Parts A and B, While I am not at liberty to discuss and I know, Mr. President, that there which is doctor care and hospital care; those successes here, I can witness to are people in Illinois, Delaware, and Part C, which is Medicare Advantage; the fact that we have an outstanding other States who stop taking their and in Part D. fleet of intelligence personnel who self- medicines. They stop taking their We have been given a little start to lessly sacrifice their time, and some- medicines in the Medicare prescription this in working on Medicare fraud cost times their lives, to protect our great drug program because they fall in the recovery in about five States for the Nation. Those professionals deserve our doughnut hole and Medicare, for them, last couple of years. Last year, I think undying gratitude, and we all can be is providing zero. That is going to we recovered about $1 billion in five proud of their service. It has been a dis- change. And a lot of people who don’t States. Next year, we are going to start tinct privilege to me to oversee their take their medicines, unfortunately, doing Medicare cost recovery in all 50 work, and for their dedication to our get sick, they end up in hospitals, and States. We hire private contractors. Nation, I am ever grateful. it becomes very expensive for us to Out of every dollar they collect from As I leave the Senate, having served take care of them, instead of taking fraud, 90 cents goes back into the Medi- in this privileged capacity as vice chair maybe a relatively inexpensive medi- care trust fund and the private com- of the Intelligence Committee, I leave cine. We are going to begin to address pany keeps 10 cents. That is how they for my colleagues some thoughts, and that in a very substantial way on Janu- get paid. We are going to be able to ex- recommendations on improvements ary 1. tend the life of Medicare a whole lot that can be made on intelligence mat- Who pays that 50 percent? The phar- because of this. ters going forward, which I believe will maceutical companies. Not the tax- Not only are we going to be going enhance our national security. payers, not the Treasury, the pharma- after waste, fraud, and abuse in a very First, let me start with the Congress. ceutical companies. And as we march smart way, recovering money in a very Members of Congress often like to from 50 percent up to 75 percent in 2020, smart way, we are also going to do it in criticize the executive branch, as is ap- the pharmaceutical companies have Medicaid. We are also doing the same propriate, but Congress needs to get its agreed to meet those costs. We are kind of thing in Medicaid. We have own house in order as well. I joined the happy about that, grateful for that. asked senior citizens from across the Select Committee on Intelligence in They deserve some credit for that. country to sign up and be part of a 2003, and during the past 8 years the Another benefit Dr. Berwick talked posse almost and to go out and help us committee has had three chairmen: about is annual physicals. Right now a identify the fraud. As we do that, we Senators ROBERTS, ROCKEFELLER, and person reaches age 65, they are eligible will be able to recover more money FEINSTEIN; and two vice chairmen: Sen- for Medicare, and they get a one-time- still. ator ROCKEFELLER and me. It has been only welcome-to-Medicare physical. So that is a little bit of what Dr. Ber- a challenging time, and we have had They can live to be 105 and they will wick talked about today. I thought it our highs and our lows. After December never get another one. was a very good exchange and a very 2004, the committee failed to pass an Under the law, beginning in January, encouraging exchange as we go forward annual authorization bill that could 2 months from now, Medicare recipi- in health care reform. become law for almost 6 years; this was ents will be eligible for an annual phys- Again, I appreciate the opportunity due purely to politics in the Congress. ical for the rest of their lives. If they to make these remarks. It is a very live to be 105, if they start at 65, they special privilege to do it with you sit- Although the committee was able to will get 40 of them. The idea is—and ting in that seat today. pass unanimously results from an in- they include cognitive screening as I yield the floor. vestigation on pre-Iraq war intel- ligence failures, it was by and large well, the physical by their own doctors f and nurses—the idea there is to catch hindered by political infighting for sev- problems when they are small and can RECESS eral years. In 2003, a memo was found be fixed and cared for rather than when The PRESIDING OFFICER. Under written by a committee staffer that ad- people get really sick and end up in the previous order, the Senate stands vocated attacking intelligence issues hospitals, which costs, as we know, a in recess until 4 p.m. today. for political gain to damage the Repub- boatload of money. Thereupon, the Senate, at 12:37 p.m., lican administration and the Repub- The third thing he mentioned to all recessed until 4 p.m. and reassembled lican majorities. That memo was ulti- of us, in addition to the doughnut hole when called to order by the Presiding mately discredited by my friends on and the annual physicals, is copays. In Officer (Mr. FRANKEN). the other side of the aisle, but it Medicare, there is a copay for a lot of f marked a low point in the committee’s preventive screening—colonoscopies, history, and it should never happen FDA FOOD SAFETY MODERNIZA- mammographies, those kinds of again. Chairman FEINSTEIN and I have TION ACT—MOTION TO PRO- things—and a lot of the time these worked hard to bring the committee CEED—Continued Medicare recipients do not have the back into bipartisan operation of intel- money. They do not have the money to Mr. BOND. Mr. President, I ask unan- ligence oversight. We hope that the In- pay for the copays, so they do not get imous consent to proceed as in morn- telligence Authorization Act that the the colonoscopies or they do not get ing business for up to 15 minutes, with President signed into law recently has the mammographies, they do not get the time to be charged against the de- helped in getting the committees back the preventive screening, and then bate postcloture. on track. they get very sick, and the rest of us The PRESIDING OFFICER. Without One area where I strongly believe the pay the tab. That is not smart. objection, it is so ordered. Congress has yet to heed the warnings Starting in January, the copays for INTELLIGENCE PERSPECTIVES of the 9/11 Commission and other study those preventive screenings go away. Mr. BOND. Mr. President, I have had groups is in reforming its approach to We want the people to get the the distinct privilege over the past 8 appropriations for intelligence. That is
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17701 why in 2008, the SSCI passed a resolu- As we have fought this war in Iraq source of intelligence to protect the tion to establish an appropriations sub- and in Afghanistan, we have learned a Nation. That is why we must capture committee on intelligence, something lot about al-Qaida, terrorism, and our the enemy if at all possible, instead of the full Senate had already passed in own intelligence capabilities. On July just killing them. I am concerned late- 2004. Yet the Appropriations Com- 9, 2004, the committee unanimously ly that due to our lack of effective de- mittee has failed to act. I continue to issued its phase I report on the prewar tention and interrogation policies believe this is vital to improving over- intelligence assessments on Iraq. I view today our operators in the field feel sight and funding of our Nation’s intel- this truly bipartisan effort as one of compelled to kill vice capture. This is ligence, and I urge the Senate in the the committee’s most successful over- understandable, for unless you are in next Congress to make this happen. sight accomplishments. Iraq or Afghanistan, where would you The past 8 years have been ground- The comprehensive 511-page Iraq detain enemy combatants to the breaking years in Intelligence, particu- WMD report identified numerous ana- United States? More troubling to me, larly as the war on terrorism has lytic and collection failures in the in- we seem to be releasing a number of in- played out in Afghanistan and Iraq. As telligence community’s work on Iraq’s dividuals whom we have already de- I speak today, U.S. and coalition forces WMD programs. These underlying fail- tained, only to see more than 20 per- in Afghanistan continue to fight ter- ures caused most of the major key cent of them take action against us on rorists—al-Qaida, the Taliban, judgments in the Iraq WMD National the battlefield again. I have a com- Haqqani, and others who threaten the Intelligence Estimate to be either prehensive approach to this issue that stability and future of the region. They overstated or not supported by the un- I have been working on with other fight not only to bring stability to the derling intelligence reporting. In turn, members that will be introduced on the region but to disrupt the sanctuaries American policymakers relied, in part, floor. and dismantle the organizations that on these key judgments in deciding Regarding the CIA’s interrogation can and do facilitate terrorist attacks whether to support the war against program, I believe the program pro- against the United States at home, our Iraq. duced valuable intelligence informa- troops in the field, and our allies The committee’s Iraq WMD Report tion. My opinion is not a partisan one. abroad. served as a valuable ‘‘lessons-learned’’ Recently, we learned that the Obama My profound respect and gratitude exercise. It has had a profound impact Justice Department and Judge Kaplan, goes out to those serving in Iraq, Af- on the way the intelligence community a U.S. district judge for the Southern ghanistan, and across the globe. We does business and interacts with Con- District of New York, agree with my have asked so much of them and their gress and the White House. It also set assessment. Judge Kaplan is presiding families. They have made enormous, in the standard for future committee re- over the Federal trial of Ahmed some cases ultimate, sacrifices, and views. In my opinion, the committee Ghailani, an alleged member of al- our Nation is forever in their debt. As we learned in Iraq, fighting the members and staff who completed the Qaida indicted on charges of partici- enemy is not enough. A comprehensive project performed a great service to pating in the bombings of the U.S. em- counterinsurgency strategy is required. our Nation. bassies in East Africa. Last July, It must combine kinetic power—mili- At the end of 2004, Congress passed Judge Kaplan agreed with the Depart- tary attacks against terrorists and in- the Intelligence Reform and Terrorism ment of Justice and found that ‘‘on the surgents—with ‘‘smart power’’—the de- Prevention Act. The Governmental Af- record before the Court and as further velopment of host nation capabilities fairs Committee had the lead on this explained in the [classified] Supple- and infrastructure, and a sensible mix bill, and the act implemented a number ment, the CIA Program was effective in of economic, development, educational, of recommendations of the 9/11 Com- obtaining useful intelligence from and diplomatic strategies. We know mission, including the creation of the Ghailani throughout his time in CIA that understanding the complexities of Office of the Director of National Intel- custody.’’ the region and the forces at play puts ligence. In March 2009, the committee began a additional burdens on the resources After 6 years, the jury is still out on bipartisan review of the CIA’s interro- and capabilities of the intelligence the ODNI. Some have argued the office gation program, based upon carefully community. But we also know that is an unnecessary bureaucratic layer. negotiated terms of reference. Unfortu- without a viable and appropriately Others have said the office is too big nately, later that year, the Attorney resourced counter-insurgency strategy, and needs to be downsized. Still others General decided to re-open criminal in- we will not see success in Afghanistan, are concerned that the DNI’s authority vestigations of the CIA employees in- and the future of Pakistan will remain is being undermined by decisionmakers volved in the CIA’s detention and in- in doubt. Driving terrorist safe havens in the White House and the Depart- terrogation program. I believed then out of Afghanistan is crucial but insuf- ment of Justice—a point with ample that the Attorney General’s decision ficient if al-Qaida and Taliban mili- evidence over the past several years. would impede the committee’s ability tants continue to find sanctuary in the While these observations have some to conduct interviews of key witnesses, remote border regions of western Paki- merit, I believe the ODNI serves an im- thereby diminishing the value of the stan. portant leadership function within the review. As a result, I withdrew minor- Eliminating the terrorist threat to intelligence community and should not ity staff from the committee’s review. the United States that emanates from be abandoned. The majority pressed ahead and has re- terrorist sanctuaries in the region is There is, however, room for improve- fused to comply with committee rules our No. 1 goal. A U.S. withdrawal, in ment, so I sponsored a number of legis- to keep the minority fully and cur- whole or in part, from Afghanistan in lative provisions that should enhance rently informed, but it soon ran into the near term would be a tacit, yet un- the DNI’s authorities with respect to the obstacles I foresaw, with CIA per- ambiguous, approval for the return of accountability reviews and major sys- sonnel declining to speak with them Taliban control of Afghanistan. In tem acquisitions. While some of these based on the advice of counsel. And turn, this would lead to the establish- provisions were recently signed into who would blame them? ment of more safe havens for many of law, more will need to be done to The majority has spent valuable time the world’s most violent and feared ter- strengthen the effectiveness of the and resources on this matter, and the rorists. ODNI. CIA has conveyed that it had to pull But what happens when our forces Turning to battlefield intelligence, personnel off current mission require- eventually pull back? Replacing those the committee has spent a considerable ments to support their effort. I believe sanctuaries with secure environments amount of time conducting oversight that limited committee and govern- and stable governance is the key to en- of the CIA’s detention and interroga- ment resources would be better spent suring that terrorists do not gain an- tion program. Intelligence from detain- on topics of oversight interest on pro- other foothold in the future. ees has proven to be a most effective grams that are in operation today.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17702 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 One of the most disturbing leaks that munications service providers who as- Another good government provision I have witnessed during my tenure on sisted with the TSP acted in good faith established a requirement for the intel- the committee occurred in December and deserved civil liability protection ligence community to conduct vulner- 2005, when the New York Times pub- from frivolous lawsuits. The Senate ability assessments of its major sys- lished a story describing the Presi- bill also went further than any legisla- tems. A significant vulnerability in a dent’s Terrorist Surveillance Program, tion in history in protecting the poten- major system can impede the operation or TSP. Some view the leakers as he- tial privacy interests of U.S. persons of that system, waste taxpayer dollars, roes. I do not share that view. In fact, whose communications may be ac- and create counterintelligence con- intelligence operators in the field at quired through foreign targeting. cerns. This provision requires the DNI the time told me that their ability to After months of protracted and dif- to conduct initial and subsequent vul- gain valuable information was reduced ficult negotiations with the House, nerability assessments for any major dramatically. Michael Hayden, then Congress finally passed the FISA system, and its items of supply, that is Director of the CIA, stated that we had Amendments Act on July 9, 2008, and included in the National Intelligence begun to apply the Darwinian theory the President signed it into law the Program. These assessments will en- to terrorism because from then on we very next day. The final law achieved sure that any vulnerabilities or risks would only be catching the dumb ones. the goals of the original Senate bill, al- associated with a particular system are Frankly, I am amazed the Department beit less elegantly. While the act is identified and resolved at the earliest of Justice has yet to prosecute Thomas more burdensome than I would prefer, possible stage. Tamm, a DOJ attorney who openly we did preserve the intelligence com- A third good government provision bragged in a Newsweek article that he munity’s ability to keep us safe, and gives the DNI the authority to conduct intentionally revealed information we protected the electronic commu- accountability reviews of intelligence about this highly classified and com- nications service providers from those community elements and personnel in partmented program. Tamm and his frivolous lawsuits. relation to their significant failures or fellow leakers are traitors who have I consider my involvement in the deficiencies. It also encourages IC ele- done serious damage to our national passage of the Protect America Act ments to address internal failures or security. Yet this administration re- and the FISA Amendments Act to be deficiencies, something they at times fuses to prosecute this open and shut two of the highlights of my legislative have been reluctant to do. In the event case. Why? career. There is, however, still work to these elements are reluctant or unable In order to ease concerns of critics, be done. A number of provisions in the to do so, this provision gives the DNI the President’s TSP was submitted to FISA Amendments Act are set to sun- the authority he needs to conduct his and approved by the Foreign Intel- set at the end of next year. Also, there own reviews. ligence Surveillance Court. Unfortu- are three additional FISA provisions Finally, my future budget projection nately, in May 2007, this new arrange- related to roving wiretaps, business provision requires the DNI to do what ment started to unravel when the FISA records court orders, and the lone wolf every American family does on a reg- Court issued a ruling that caused sig- provision, that are set to expire on ular basis—map out a budget. The DNI, nificant gaps in our intelligence collec- February 28, 2011. I urge Congress and with the concurrence of the Office of tion against foreign terrorists. the President to work closely together Management and Budget, must provide Although DNI Mike McConnell plead- to ensure that the provisions are made congressional Intelligence Committees ed to Congress for help, the Congress permanent, without adding unneces- with a future year intelligence plan failed to respond. Under the looming sary requirements or limitations that and a long-term budget projection for pressure of the August recess, Repub- will hamper our intelligence collection each fiscal year. These important plan- lican Leader MITCH MCCONNELL and I capabilities. ning tools will enable the DNI and the co-sponsored the Protect America Act I mentioned earlier that recently the congressional intelligence commu- which Congress passed in the first week Intelligence Authorization Act of 2010 nities to ‘‘look over the horizon’’ and of August 2007. was signed into law. When I became resolve significant budgetary issues be- The act did exactly what it was in- vice chairman of the committee in fore they become problematic. tended to. It closed the intelligence 2007, my top priority was to get an in- As I leave the Senate and con- gaps that threatened the security of telligence authorization bill signed template what I have learned during our Nation and of our troops. But it into law, and I am thankful that with my service in Congress and on the In- was lacking in one important aspect. It the leadership of Senator FEINSTEIN, telligence Committee, I have a number did not provide civil liability protec- we finally met that goal. The 2010 in- of recommendations for future mem- tions from ongoing frivolous lawsuits telligence authorization bill, while bers and leaders of the committee. to those private partners who assisted light on authorization, was heavy on One of the intelligence community’s the intelligence community with the legislative provisions. I am pleased greatest failures was its complete TSP. that a number of good government pro- waste of billions of dollars spent to de- Following the passage of the Protect visions which I sponsored were in- velop satellites that never took a sin- America Act, I worked to come up with cluded in the bill. gle picture. Senator FEINSTEIN and I a bipartisan, permanent solution to The law imposes new requirements have strongly voiced our abiding con- modernize FISA and give those private on the intelligence community to man- cern to all four DNIs that the Intel- partners needed civil liability protec- age better their major systems acquisi- ligence Community is still spending far tions. The committee worked closely tions. Too often, we have seen IC acqui- too much money on imagery satellites for months with the DNI, the Depart- sitions of major systems, i.e., over $500 that are too big, too few, and too cost- ment of Justice, and experts from the million, balloon in cost and decrease in ly. We have put forth solid alternatives intelligence community to ensure that performance. These provisions will op- that would produce more satellites at there would be no unintended oper- erate together to address the long- far less cost, be less fragile, and per- ational consequences from any of the standing problem of out-of-control cost form as well or better than the provisions included in our bipartisan overruns in these acquisitions. Modeled unaffordable plan in the President’s product. on the successful Nunn-McCurdy provi- budget. In February 2008, after many hear- sions in title 10 of the United States Just this month, an independent ings, briefings, and much debate on the Code, these provisions encourage great- analysis by some of the country’s very Senate floor, the Senate passed the er involvement by the DNI in the ac- best astrophysicists confirmed that FISA Amendments Act by a strong, bi- quisitions process and help the con- such an alternative, based on a com- partisan vote of 68–29. The Senate’s bill gressional intelligence committees per- bination of commercial and classified reflected the Intelligence Committee’s form more effective and timely over- technologies, was essentially as capa- conclusion that those electronic com- sight of cost increases. ble, but about half as expensive as the
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17703 administration’s program. Sadly, our President announced, in September cept detainees. Whatever one’s views ideas have met with ‘‘NIH’’ resist- 2006, that these high-value detainees on closing Gitmo, we all have an inter- ance—‘‘not invented here.’’ would be transferred to the detention est in making sure that no former Even worse, it appears that this re- facility at Guantanamo Bay. Since Gitmo detainee kills or harms us or sistance has been based in part on the 2002, Gitmo has housed terrorists our allies. As these transfers continue, NRO’s unhealthy reliance upon, and picked up on the battlefield or sus- the Intelligence Committee—and Con- apparent subordination to, the con- pected of terrorist activities. Today, gress—must pay close attention to tractor that builds these incredibly ex- 174 detainees remain at Gitmo. these and earlier transfer decisions. pensive satellites. In spite of this re- In 2008, in a sharply divided opinion As part of the committee’s oversight sistance, Congress saw fit to appro- and despite clear language from Con- responsibilities, staff have been trav- priate over $200 million to explore a gress to the contrary, the Supreme eling to those countries that accepted better path forward, and I urge my col- Court gave Gitmo detainees the con- detainees under the current and pre- leagues in both Houses of Congress to stitutional right to challenge their de- vious administrations. They have also sustain that effort. I also urge the new tention in our courts. Since then, 38 de- been reviewing assessments prepared DNI, in the strongest terms, to recon- tainees have successfully challenged by the intelligence community and the sider this issue afresh, and with an their detention. Guantanamo Review Task Force and open mind. Our committee rec- With the recidivism rate for former other documents. A lot of work has ommended his confirmation on the Gitmo detainees at over 20 percent, been done, but there is more to do. hope and expectation that he would do Congress must step in once again and Thus far, our review has raised some so. draw some boundaries. We cannot af- significant concerns. We all know that The committee has been following ford to let more potentially dangerous transfers to Yemen are a bad idea, but the cyber threat issue for a long time. detainees go free. We need a clear, con- other countries may not have either Cyber attacks happen every day. Our sistent framework for these habeas the legal authority or capability to government, businesses, citizens, and challenges with a standard of proof keep track of these detainees effec- even social networking sites all have that takes into account the wartime tively. Still others simply view these been hit. conditions under which many of these former detainees as being free. If we do In an ever increasing cyber age, detainees were captured. It is unrea- not know what these detainees are where our financial system conducts sonable to hold the government to the doing, we end up relying on luck that trades via the Internet, families pay standards and evidentiary tests that we will catch them before they act. bills online, and the government uses Having luck on your side is always a apply in ordinary habeas cases. There computers to implement war strate- good thing, but it stinks as a is nothing ordinary about war and our gies, successful cyber attacks can be counterrorism policy. I urge my col- habeas laws must reflect that. devastating. Unless our private sector Now that the President has abolished leagues on both sides of the aisle to and government start down a better the CIA’s program and ordered the clo- pay close attention to this issue. Un- path to protect our information net- fortunately, it is one that I think will sure of Gitmo, we need clear policies works, serious damage to our economy continue to be around for a very long for holding and questioning suspected and our national security will follow. time. terrorists, especially overseas. We Senator HATCH and I introduced a I hope these reflections, observa- legislative proposal that takes the first must abandon the automatic impulse tions, and recommendations will be of step by creating a solid infrastructure to Mirandize terrorists captured inside use to the members of the next Con- that is responsible and accountable for the United States. Prosecution can be gress. I have been deeply honored to coordinating our government’s cyber a very effective response to terrorism, serve on the Intelligence Committee efforts. The bill is built on three prin- but it must never take precedence over with my distinguished and talented ciples. First, we must be clear about getting potential lifesaving intel- colleagues. I also salute the fine men where Congress should, and, more im- ligence. and women of the intelligence commu- portantly, should not legislate. Second, I have been working with several of nity who have given so much for the there must be one person in charge— my colleagues on legislation that safety of our country. I wish them all someone outside the Executive Office would set clear lines for law of war de- well in their future endeavors. of the President who is unlikely to tention and habeas challenges. Our Na- In addition, I wish to address an obvi- claim executive privilege, but who has tion should not risk another Gitmo de- ous problem—leaks. I have already real authority to coordinate our gov- tainee rejoining the fight. We cannot made reference to some of the more ernment cyber security efforts. Third, risk losing more and timely intel- disastrous leaks that occurred during we need a voluntary public/private ligence because we have no system for my tenure, but unfortunately, these partnership to facilitate sharing cyber detaining and interrogating terrorists. were just the tip of the iceberg. There threat information, research, and tech- These are critical national security are simply too many to list. I shudder nical support. issues and Congress’s voice must be to think about the sources and meth- We believe that once this infrastruc- heard as soon as possible. ods that have been disclosed, and the ture is established, the assembled gov- Last December, Umar Farouk lives that will likely be lost, as a result ernment and private sector experts will Abdulmutallab attempted to blow up a of the obscene amount of classified in- be able to provide guidance on the next Northwest Airlines flight as it headed formation compromised by Wikileaks. steps—including any further legisla- to Detroit. Shortly after the failed at- Of course, to call this a leak case is tion—needed to enhance our our cyber tack, al-Qaida in the Arabian peninsula gross mischaracterization; it is more safety. claimed responsibility. AQAP counts like a tidal wave. In the aftermath of 9/11, we captured among its senior leadership and mem- We are blessed with our open society hundreds of al-Qaida terrorists and as- bers former Gitmo detainees who have and our many freedoms. However, our sociates. Many of these could be called returned to their old ways. As the ability to protect these freedoms and low-level fighters—of the same type as Christmas Day attack reminded us, ris- preserve our national security depends the 9/11 hijackers but no less dangerous ing recidivism rates for Gitmo detain- upon our ability to keep our secrets to our security. Others, such as 9/11 ees are more than just a statistic and safe. mastermind Khalid Sheikh Mohammed claims that a 20-percent recidivism This problem needs a multifaceted and senior al-Qaida operative Abu rate ‘‘isn’t that bad’’—as one senior ad- solution. We must first deter and neu- Zubaydah, were identified as high- ministration official put it—must be tralize the leakers. There should be sig- value detainees and placed in the CIA’s challenged. nificant criminal, civil, and adminis- interrogation and detention program. As part of its goal to close Gitmo, trative sanctions that can be imposed After details about the program were the administration continues its ef- on leakers. Leakers should face signifi- leaked in the Washington Post, the forts to persuade other countries to ac- cant jail time, pay heavy fines, forfeit
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17704 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 any profits, lose their pensions, and be obstacles to sharing biometric data be- More than 9 years after 9/11, and fired from their jobs. We should also tween U.S. Government agencies. more than a year after a major shift in not allow the first amendment to be Moreover, far too much of the funding focus in Afghanistan and Pakistan, the used as a shield for criminal activity. for these important biometric efforts is cadre of intelligence professionals ca- It should be a crime to knowingly so- contained in supplemental funding re- pable of speaking, reading, or under- licit a person to reveal classified infor- quests. standing critical regional languages mation for an unauthorized purpose or We need to continue breaking down such as Pashto, Dari, or Urdu remains to knowingly publish or possess such the barriers to sharing biometric data. in critically short supply. In spite of information. Leaks will not stop until We need a roadmap in the base intel- significant congressional interest and a significant number of leakers have ligence budget for the permanent funding, progress has been dis- been appropriately punished. sustainment of our biometric efforts in appointing. Other steps may lessen the problem. the decades to come. Biometrics must Persistent critical shortages in some Government agencies in possession of remain an important tool for dealing languages could contribute to the loss classified information should ensure with national security threats well be- of intelligence information and affect that information is properly classified yond the end of combat operations in the ability of the intelligence commu- in the first instance and that their em- Iraq and Afghanistan. nity to exploit what it does collect. I ployees are thoroughly trained in secu- The committee spent much of 2005 encourage IC leaders to make foreign rity procedures. Also, we should ex- and 2006 working on legislation related language learning and maintenance a plore technological solutions for track- to the expiring provisions of the USA priority mission and a ‘‘must fund’’ for ing classified documents and estab- PATRIOT Act. We held numerous hear- resource allocation. lishing singular audit trails. ings and reported out a bill that con- I yield the floor and suggest the ab- On a related issue, we also need to tained a number of provisions that sence of a quorum. ensure that the security clearance were ultimately included in the USA The PRESIDING OFFICER. The process is repaired. An excellent inter- PATRIOT Improvement and Reauthor- clerk will call the roll. The legislative clerk proceeded to agency reform process has applied ization Act. call the roll. more resources and better processes to Among other things, the act made permanent 14 of the 16 USA PATRIOT Mr. DURBIN. Mr. President, I ask increase the efficiency of the system, Act provisions that were set to expire unanimous consent that the order for eliminate backlogs, and in many cases, at the end of 2006. It extended the sun- the quorum call be rescinded. shorten the time required to process a sets of three FISA provisions—roving The PRESIDING OFFICER. Without security clearance. Although signifi- wiretaps; business record court orders; objection, it is so ordered. cant progress has been achieved in re- and lone wolf—until the end of 2009. Mr. DURBIN. Mr. President, I ask cent years, there is still a lot of room Also, it created a new National Secu- unanimous consent to speak as in for improvement. We must continue to rity Division within the Department of morning business. use technology to wring more effi- Justice, supervised by a new assistant The PRESIDING OFFICER. Without ciency from the security clearance sys- attorney general, with the goal of en- objection, it is so ordered. tem, and make it less of an obstacle to suring that the information sharing COACH DAN CALLAHAN success for our intelligence and law en- walls that existed prior to 9/11 are Mr. DURBIN. Mr. President, I wish to forcement agencies. never reconstructed. say a few words about an extraordinary Just as importantly, we must mod- Since the terrorist attacks of Sep- man, a friend of mine, who died this ernize the security clearance system to tember 11, the size and budget of the week in Carterville, IL. Dan Callahan make it a more useful measure of suit- intelligence community has nearly was the head baseball coach at South- ability for serving in sensitive govern- doubled, and much of that growth has ern Illinois University at Carbondale ment positions. The interagency secu- been in the IC’s analytic community. for the last 16 years. He died Monday at rity clearance reform process is study- Even as we hire more and more ana- the age of 52. ing a new process, called ‘‘continuous lysts to focus on national intelligence Dan Callahan was not only a good evaluation,’’ which seeks to use auto- priorities, most of them work on cur- coach, he was a great man. His conduct mated records checks and other similar rent and tactical missions—answering on and off the field inspired just about processes to assess risk in populations questions and giving briefings on near- everybody who ever met him. of cleared personnel on a regular basis, term issues—without ever producing a Dan died of neurotropic melanoma, a rather than waiting five years to con- deep understanding of longer term crit- very rare and very serious form of skin duct a reinvestigation, as we currently ical issues. cancer. His struggle with cancer began do. Furthermore, the intelligence com- almost 5 years ago when he detected a The devil will be in the details, but I munity continues to operate as a loose little black spot on his lower lip. The believe a ‘‘continuous evaluation’’ sys- confederation, with no universal stand- spot was successfully removed, but the tem could be much more effective than ards for analytic training, tools, tech- cancer remained and grew. our current practices in detecting secu- nology, and personnel policies. These After receiving his diagnosis, Dan rity threats in our agencies before they issues, coupled with a lack of a fed- Callahan silently endured the rigors of become a problem. erated communitywide analytic work his treatment while continuing to The use of biometrics—fingerprints, plan, often result in redundant or con- coach his baseball team. In the 2007, DNA, facial recognition scans, and the flicting analyses, and in some cases, a 2008 seasons there were times he prob- like—has yielded dramatic dividends major gap in coverage or under- ably should have stayed home because on the battlefields of Iraq and Afghani- standing of issues of significant con- he was too weak to do much but sit in stan, and is a vital tool for detecting cern. It is time for the ODNI to bring the dugout, but he came to work and terrorist threats before they arrive on analytic direction and standards to the he came to that ball yard every day. He our shores. Biometrics help us separate IC so that the analytic community can didn’t miss a single game. the good guys from the bad guys on the become a true community of analysts. The next season Dan endured more battlefield, and can ensure that we I have often voiced my concern about intense treatment, including a surgery know that the foreign tourist, busi- the abysmal state of the intelligence that removed part of his right jaw. It nessman, or student who wants to visit community’s foreign language pro- was only then that he went public with the United States is not actually a grams and the slow pace of progress in his illness. Eventually, the cancer cost dangerous terrorist. correcting deficiencies. The collection Dan not only his job but the sight in We have made significant progress in of intelligence depends heavily upon his right eye and the hearing in his the collection and use of biometric language, whether information is gath- right ear. But it didn’t stop the coach. data in the last decade, but there are ered in the field from a human source The losses damaged his depth percep- still too many policy and procedural or from a technical collection system. tion and hearing. But if Dan Callahan,
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.000 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17705 once a pitcher in his own right, wasn’t Unfortunately, Dan’s health insur- When the official scorer in the sky makes able to throw a fastball with quite the ance company, the largest health in- his final ruling, he will say Dan Callahan same speed and control, he taught his surer in America, a company that had lost his nearly 5-year battle with cancer players an even more important lesson: paid for surgery to remove the initial Monday afternoon at his home in Carterville. But the 52-year-old Callahan was a baseball how to push through adversity. spot from his lip and the second sur- guy who went down swinging, battling the The chemo and surgery forced him to gery to remove part of his jaw, refused dreaded disease to the bottom of the ninth miss all of his team’s road trip games to pay for the Avastin. The chemo drug inning. during the 2009 season, and that both- was FDA-approved and something of a Dan Callahan coached the sport he ered him even more than the cancer. wonder drug in treating advanced loved, and it is a unique sport. It is one He believed a coach should be with his colon, lung, breast, and other cancers. of the few team sports that has no players. Somehow, this past season— But the insurance company said its use timeclock. Baseball is only over when his last season—Dan was able to be on to treat cancers like Dan’s was experi- it is over, and that is the way life is the bench for nearly every game. He mental so they wouldn’t cover it. too. At the end of his life, Dan Cal- considered that a great victory, and it With the support of family and lahan still sits in that dugout and with was. friends, Dan and his wife Stacy found a watchful coach’s eye, he scans the The president of Southern Illinois $27,000 to pay for the first two treat- field and sees hundreds of young men University, Glen Poshard, a former ments. Washington University in St. whose lives he touched, players and Congressman, said about Danny Cal- Louis provided another $50,000; that families who will never forget him. He lahan: ‘‘As far as I’m concerned, he was bought him four more treatments. taught them more than baseball. He the face of courage.’’ Through all the chemo and radiation taught them about life and courage, The Missouri Valley Conference rec- treatments and all the painful sur- about themselves and their relation- ognized that fact a year ago when it geries, Dan Callahan never complained. ships with others. awarded Dan Callahan its ‘‘Most Cou- He was never bitter and he never felt I have known Dan all his life. I con- rageous Award,’’ an award that honors sorry for himself. But he worried about sider it a blessing to have counted him those who have demonstrated unusual other people and other families who as a friend. Lou Gehrig, when he courage in the face of personal illness, needed expensive drugs and couldn’t af- learned of his illness, said he was still adversity, or tragedy. In announcing ford them. Dan thought it was unfair the luckiest man on the face of the Dan’s selection, the Missouri Valley that patients could be denied treat- Earth. Dan Callahan felt the same way Conference Commissioner Doug Elgin ment that could extend and maybe about himself and for the same rea- said: even save their lives simply because of sons. Whether he was the luckiest man Dan Callahan personifies professionalism the drug’s high price. We talked about on Earth, I don’t know, but I do know in the face of personal adversity, and he’s that last year while the Senate was de- been an inspiration to his baseball student- that all of us who had the good fortune bating America’s broken health care to know Dan Callahan were lucky. We athletes, and really all those who know him. system. I thought about Dan Callahan were inspired by his courage and his We feel honored to be able to recognize him. when I voted for the Affordable Health dignity and we will miss him. Dan had a great sense of humor. He Care Act. used to joke that he led the league in In his prime, Dan Callahan stood 6 CONGRATULATING STAN ‘‘THE MAN’’ MUSIAL one category: surgeries. In fact, he feet 4 and weighed 225 pounds. The can- This is another baseball-themed leaves a rich record of athletic achieve- cer took its toll. The last couple of speech which I didn’t expect to give on ment. In 22 seasons as an NCAA Divi- months were rough. He spent most of the floor of the Senate, but today is a sion I head coach, Dan Callahan com- them at Barnes Hospital in St. Louis. happy day for me. piled an impressive record of 595 wins A little more than a week ago, he told I grew up in East Saint Louis, IL. I and 695 losses, and 442 of those nearly his doctors he needed to take a break learned about God and church, but the 600 victories were at Southern Illinois, so he could attend a Thanksgiving get- only god I was sure of played for the making him the second winningest together with his team. He went home St. Louis Cardinals and his name was coach in SIU’s history. for hospice care and died 3 days later Stan Musial. The first baseball glove I Dan Callahan was one of just five surrounded by the people he loved. ever owned was a Rawlings leather coaches in Missouri Valley Conference I offer my deepest condolences to glove that had Stan Musial’s name history to win over 200 league games. Stacy, Dan’s wife of 21 years, and their written on the edge of it. I used to do In his time at Carbondale, he produced daughters Alexa and Carly, and his par- what kids my age did. We would wrap 23 Major League draft picks and 19 ents Ann and Gene. Gene and Ann are rubberbands around the glove with the First-Team All-MVC selections. my closest friends and I have known baseball in it to get that pocket just Baseball was Dan’s lifelong love and Dan since he was 9 years old. I also right and then we would pull that ball passion. As an athlete, he pitched two wish to say to Sherry and Lynn, his out and we would rub it with seasons at the University of New Orle- sisters, he couldn’t have come from a Glovolium, some kind of oil concoction ans, two at Quincy College, from which better family. My thoughts are also that we thought made it supple and he graduated. After college, he pitched with the student-athletes whom Dan made it easier to catch the ball. I professionally in both the San Diego coached and inspired over the years. rubbed that oil on my glove so hard so Padres and Seattle Mariners’ organiza- Dan’s passing is a deep loss for so many many times I was the only one who tions. people. would still read his name on that His first coaching job was in my On Monday, Dan is going to have a glove. I kept it forever until my wife hometown at Springfield High School, send-off. It is going to be at the base- said, What are you doing with this old his alma mater. He also coached at ball diamond. Dan’s family and his SIU thing, and I said it was my prized pos- Eastern University for 5 years before family are hosting a celebration of his session when I was about 10 years old, heading down to Carbondale. life at the SIU baseball diamond where and it still is. Last October, Dan began chemo- he spent so many years. There will be The good news is that my feelings for therapy. His doctors prescribed a three- a party afterwards with hot wings and Stan Musial are shared by the Presi- drug cocktail that includes Avastin, beer. The invitation says, ‘‘Please dress dent of the United States. He may be a one of a new generation of anticancer casually. No suits. No ties.’’ That is ex- Chicago White Sox fan, but he knows a drugs that works by preventing the actly what Dan would have wanted. great champion when he sees one. That growth of new blood vessels that sup- Jim Ruppert, the sports editor for is why the announcement today that port tumors. Avastin can buy time and my hometown newspaper, the State Stan ‘‘The Man’’ Musial is going to re- a better quality of life for the people Journal Register in Springfield, was ceive the Presidential Medal of Free- with advanced cancer, but it is very ex- also Dan Callahan’s brother-in-law. In dom makes me feel so good. pensive. In Dan’s case, it cost $13,686 a his column the day after Dan died he The one thing about Stan that I treatment—about $100,000 a year. said: found so interesting is here was one of
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He went back entire book on the U.S. Department of millions of dollars in damages, lost as the Presiding Officer did—to enter- Agriculture’s discrimination. But, their farms, lost their families’ herit- tain the troops and serve as well. He frankly, there appears to be some con- age in the process, lost their liveli- cared about this country. He was a tradiction between the proposal given hoods, will not receive more than champion on and off the baseball field. to these two groups and the declared $50,000 and will not be made whole. After playing 22 seasons in Major objectives of providing parity among Farmers who were denied a loan and, League Baseball for the St. Louis Car- the different groups who suffered dis- as a result, in the words of then-Sec- dinals from 1941 to 1963, Musial was crimination. retary of Agriculture Glickman, ‘‘lost elected to the Baseball Hall of Fame in Here is the situation. African-Amer- their family land, not because of a bad 1969. Over that time, he compiled a life- ican victims of discrimination are on a crop, not because of a flood, but be- time batting average of .331—how path to receive approximately $2.25 bil- cause of the color of their skin,’’ will about that—with 3,630 hits, 475 home lion to resolve their claims. Victims never be able to rebuild their lives and runs, and 1,951 RBIs, appearing in 23 who filed on time were afforded the op- recover the land with a fraction of World Series games and 24 All-Star portunity to choose from two different $50,000. games. He is one of only three players tracks. First, they could present sub- If that is not enough, the Department to have run over 6,000 bases in his ca- stantial evidence of discrimination of Justice-imposed cap on the total which, if valid, entitled the victim to a reer, right behind Hank Aaron and amount of money that can be awarded monetary settlement of $50,000 plus re- Willie Mays. to Hispanic and women victims could A sign of his great sportsmanship, lief in the form of loan forgiveness and arbitrarily reduce each claimant’s Stan was never once ejected during his offsets of tax liability or they could award far below the $50,000 individual career spanning more than 3,000 games. prove their claims using evidence cap. You may ask why. Here is the rea- Both in and out of a Cardinal uniform, which was reviewed by a third-party son: because there are likely to be far arbitrator who decided how much dam- Stan exemplifies the values of sports- more claims filed by Hispanic and ages to award, if any. manship, discipline, hard work, grace, women farmers than were filed by Afri- This system took into account the can-American farmers. Yet the amount consistency, excellence, and humility. fact that many if not most of the docu- allocated for Hispanic and female He is truly deserving of this Medal of ments from this era were destroyed by Freedom. the U.S. Department of Agriculture, claims is almost $1 billion less than Let me say a word about my col- making it extremely difficult for vic- provided to African-American claim- league CLAIRE MCCASKILL. No one has tims to prove their claims, while also ants. This is despite the fact that, ac- worked harder to impress upon the giving claimants the opportunity to cording to the Department of Agri- White House how important this Presi- seek more than $50,000 if their case was culture census, in the years in ques- dential Medal of Freedom is, not only especially egregious and their losses tion—from 1982 to 1997—Hispanic- and to Stan Musial but Cardinal fans alike were severe. There was not a cap on the female-operated farms far out- and those of us who think he is one of amount of money awarded. There was numbered African-American-operated the greatest Americans. I salute not a cap on the number of claimants farms by almost 7 to 1. CLAIRE MCCASKILL’s dogged determina- who could recover damages, which al- If the Department of Justice esti- tion to convince the White House the lowed the merits of each individual’s mates are correct and approximately President is well served by awarding claims to be the sole basis for deter- 80,000 valid claims will be made by Af- this man an honor for his life on the mining what they received. That proc- rican Americans through Pigford I and baseball diamond and off the diamond, ess appears to be right in line with the Pigford II, it is safe to assume that at and serving this country in so many stated goal of determining the appro- least this many and likely many more ways. priate course of action for each claim Hispanic and female farmers who were Mr. President, I yield the floor. based on the merits of the case and discriminated against will file valid The PRESIDING OFFICER. The Sen- only on the merits. I certainly com- claims. Even using the very conserv- ator from New Jersey. mend that approach. ative estimate of 80,000 valid claims for Mr. MENENDEZ. Mr. President, I ask However, when it comes to Hispanic Hispanics and females, a $1.3 billion unanimous consent to speak as in and women farmers, the Justice De- overall cap will provide each claimant morning business. partment has used legal maneuvers to with about $16,625. This amount will The PRESIDING OFFICER. Without prevent Hispanic and women farmers shrink even further if there are more objection, it is so ordered. from achieving class status. Legal ma- than the 80,000 claimants and tax for- PARITY FOR HISPANIC FARMERS neuvers should not be what the Depart- giveness funds are counted against the Mr. MENENDEZ. Mr. President, I ment of Justice is all about; justice is $1.3 billion cap. rise to speak of what I have addressed what the Department should be all Think about this. Under this method, in the past about injustice. It is about about. the amount each victim will receive the reality that it is no secret that dec- Unfortunately, I do not believe the will depend on how many other victims ades of discrimination in lending prac- proposal which has been presented to there were, not on the merits of each tices at the United States Department the Hispanic and female victims meets individual case. Not only is that not of Agriculture have made it difficult, if that standard of justice, nor does it fair, but it is perverse because each vic- not impossible, for minority farmers— employ the fair method utilized in the tim will actually be punished the more specifically Hispanic and women farm- Pigford I settlement or the equity that the U.S. Department of Agriculture ers—to make a living at what they love is needed. Instead, it puts a cap on the discriminated since the more valid to do, leaving many no choice but to damages each victim could receive and claims there are, the less each victim lose their farms and ranches they have on the total amount that can be award- will receive. A structure has been set tended all their lives, in many cases ed to all victims. This is not in parity up that, instead of pursuing justice and from generation to generation. That is with the Pigford I settlement and could equity, actually works to the det- why I rise today in support of parity potentially leave thousands of Hispanic riment of those who have already been for Hispanic and women farmers. I rise and female victims with only a mod- discriminated against because the so that all the victims of discrimina- icum of relief and far less justice than more that have been discriminated tion in this case are treated equally, their counterparts. against and prove their case, the less
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each one will receive because of this you can treat victims similarly situ- Senator ENZI, the distinguished rank- cap. ated, almost identically situated and ing member handling this bill on the Finally, the process proposed for ad- harmed, with justice for some and not floor, hoping for a compromise that ministering Hispanic and female for all. We need to make this right. We would enable this amendment on BPA claims seems arbitrary and needlessly need to make the victims whole. We to be placed in the food safety bill. It complicated. In contrast to Pigford need to do it fairly, justly, and soon. looks as if there will not be amend- claimants, Hispanic- and women-owned I yield the floor. ments; therefore, I have no opportunity farms would not have the benefit of a The PRESIDING OFFICER. The Sen- to offer an amendment. court-approved notice or any of the ator from California. But last evening at about 6:15, Sen- procedural protections associated with THE SAN FRANCISCO GIANTS ator ENZI and I reached an agreement a class action process. Mrs. FEINSTEIN. Mr. President, I which would ban the use of BPA in The underlying facts of the claims rise to speak on the bill before us. But baby bottles and sippy cups within 6 made by African Americans, Hispanics, before I do, one thing I was remiss in months of the enactment of this legis- females, and Native Americans are not doing, listening to Senator DURBIN lation. It would require that the FDA, nearly identical. speak about Stan Musial, is pointing the U.S. Food and Drug Administra- I commend the President and his ad- out what has happened in San Fran- tion, to issue a revised safety assess- ministration for making some effort cisco, and that is that the San Fran- ment on BPA by December 1, 2012—this toward delivering justice to women and cisco Giants have won the World Series is important because it would make Hispanic farmers. That is why I urge with a team that was just amazing. To certain the date that the FDA has to the administration to guarantee that see a team, I think, that were essen- assess the safety of BPA. And third, it the relief to be provided to women and tially outcasts—and some would say would include a savings clause to allow Hispanic farmers be just and consistent misfits—come together, play with States to enact their own legislation. with that provided to African-Amer- teamwork, develop a world-class pitch- I wish to thank the ranking member ican victims who filed on time. In the ing staff, a defense where double and for his agreement. It meant a great words of Timothy Pigford, the lead triple plays would happen, is really deal to me. I thought, aha, we are real- plaintiff in the Pigford case, Hispanics quite amazing. I had the pleasure of ly close to making a beginning step on and females ‘‘suffered the same dis- going to the playoff games during the this problem. Unfortunately, today it crimination by the U.S. Department of recess, as well as the World Series became clear that the American Chem- Agriculture as African American farm- games, and it was a very special treat. istry Council has blocked and ob- ers.’’ They suffered the same discrimi- I wish to offer my commendation to structed this agreement from being added to the food safety bill. Therefore, nation by the Department of Agri- that great team. It was quite wonder- language cannot be in the bill. I regret culture as African-American farmers. ful. Again quoting Mr. Pigford: Now down to business. that the chemical lobby puts a higher . . . class certification is a procedural mat- Mr. President, it appears that I will priority on selling chemicals than it ter that does not address the underlying dis- be blocked from offering an amend- does on the health of infants. I am crimination that is in fact admitted. ment on bisphenol A, to the food safety stunned by this. This agreement was but a small step It is, in fact, admitted. There is not bill. So I come to the floor to express forward, a simple movement to ban a dispute about whether discrimination my disappointment and my very seri- BPA in baby bottles and sippy cups, a took place. It is, in fact, admitted. The ous concern about the continued use of simple move to protect children. indisputable fact remains that farmers this chemical in children’s products. All it did was ban BPA in baby bot- and ranchers—particularly women, Af- There is mounting scientific evidence tles and sippy cups until the FDA’s rican Americans, Hispanics—were de- that shows that BPA is linked to harm- safety assessment could be revised. The nied access to U.S. Department of Agri- ful health effects. Over 200 scientific chemical lobby came in at the 11th culture loans, to farm benefits and studies show that even at low doses, hour opposing this ban, which is some- credit services due to their race, their BPA is linked to serious health prob- thing my colleagues on the other side ethnicity, their gender. They were not lems, including cancer, diabetes, heart of the aisle had agreed to. given proper opportunity for recourse. disease, early puberty, behavioral prob- Now, because of this, my colleagues In the process of being denied those op- lems, and obesity. I know there is not on the other side of the aisle are pull- portunities, they lost, in many cases, yet consensus on the science and there ing their support. My goodness. This is their land or sold parts of their land to is still research to be done. But I also so simple. How can anybody put a pri- keep a little piece of it. The only thing know this chemical is so widespread— ority on selling chemicals above the that could be worse than the original it has been found in 93 percent of health of infants? Major manufacturers discrimination, ironically, is if it were Americans. I know BPA is thought to and retailers are already phasing out to treat the victims of that discrimina- alter the way the body chemistry BPA from their food and beverage tion differently based on their race, works. Babies and children are particu- products for children. So why should ethnicity, or gender. larly at risk because when they are de- this be stopped? Justice for one cannot masquerade as veloping, any small change can cause The products used to give food and justice for all. I applaud the USDA for dramatic consequences. drink to children all have safe alter- taking a big step toward universal jus- To put it simply, the fact that so native BPA packaging available. At tice in this case by recognizing the many adverse health effects are linked least 14 manufacturers have already need to put aside technical questions to this chemical, the fact that this taken action against BPA. Here they about class certification and address chemical is so present in our bodies, are: Avent, Born Free, Disney First the underlying valid claims of dis- and the fact that babies are more at Years, Evenflo, Gerber, Dr. Brown’s, crimination. risk from its harmful effects leads me Green to Grow, Klean Kanteen, Medala, I understand that this administra- to believe there is no good reason to Nuby Sippy Cups, Munchkin, Playtex, tion inherited this problem, like so expose our children to this chemical. Thinkbaby, Weil Baby. All these manu- many others, and is now in the position My great concern for its continued facturers are taking BPA voluntarily of cleaning up the mess left by its pred- use, particularly in children’s products, out of their baby bottles and sippy ecessors. I applaud them for seeking to is the reason Senator SCHUMER, my co- cups, but we cannot get it into a simple right an injustice. But I do not think, sponsor, and I, who introduced a bill a bill. nor can I accept that you can dispense year and a half ago—why he and I have Retailers are taking actions not to justice when you know that the facts been willing to compromise, to be flexi- sell these products with BPA in them: are such that, in fact, there is no dis- ble, and to try to work out an agree- CVS, Kmart, Kroger, Rite Aid, pute as to the discrimination, that you ment to move this forward. For 7 Safeway, Sears, Toys ‘‘R’’ Us and Ba- can dispense justice piecemeal, or that months, we have been negotiating with bies ‘‘R’’ Us, Walmart, Wegmans, and
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17708 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 Whole Foods have already taken this is mounting and especially its harmful Support comes from national groups action. effects on babies and children who are such as the BlueGreen Alliance, Con- I ask unanimous consent that the list still developing. sumers Union, Breast Cancer Fund, Na- be printed following my remarks. Here is the argument. Here is what tional WIC, and United Steelworkers of The PRESIDING OFFICER. Without BPA is. It is synthetic estrogen. It is a America. State groups such as Alaska objection, it is so ordered. hormone disruptor. It interferes with Community Action on Toxics, Cali- (See exhibit 1.) how the hormones work in the body, fornia Environmental Rights Alliance, Mrs. FEINSTEIN. At this point, and this chemical is used in thousands Environment Illinois, the Tennessee seven States have moved to enact laws of consumer products. It is used to Environmental Council, and the Massa- banning BPA from children’s products: harden plastics, line tin cans, and even chusetts Breast Cancer Coalition back Connecticut, Maryland, Minnesota, make CDs. It is even used to coat air- this amendment. New York, Vermont, Washington, Wis- line tickets and grocery store receipts. The broad coalition of environmental consin. The city of Chicago also has a It is one of the most pervasive chemi- and consumer advocates know BPA ban. These entities have already taken cals in modern life. cannot be good for our babies. I wish to action. California is just a few votes As with so many other chemicals in underscore the importance and the ur- short of taking this action and I hope consumer products, BPA has been gency of withdrawing BPA from baby will come back this next legislative added to our products without knowing products. session and take it. whether it is safe. Alternatives exist Well-known and respected organiza- Bills are also pending in Illinois, because concern has been growing tions and Federal agencies have ex- Maine, Massachusetts, Missouri, Penn- about the harmful impact. The chem- pressed concern about BPA. The Presi- sylvania, and Washington, DC, and nu- ical industry has tried to quiet criti- dent’s Cancer Panel Annual Report re- merous companies are marketing BPA- cism by reassuring consumers that leased in April of this year concluded free products. Other countries are mov- BPA is safe and that more research that there is growing evidence of a link ing forward. Canada declared BPA still needs to be done. between BPA and several diseases such toxic and banned it from all baby bot- Well, that argument simply does not as cancer. The panel recommended tles and sippy cups. Denmark and hold water. Over 200 studies show that using BPA-free containers to limit France also have national bans on BPA exposure to BPA, particularly during chemical exposure. in certain products. prenatal development and early in- A 2008 study by the American Med- So here is the point. The problem has fancy, are linked to a wide range of ad- ical Association suggested links be- been recognized, and steps are being verse health effects in later life. Be- tween exposure to BPA and diabetes, taken by countries, States, companies, cause of their smaller size and stage of heart disease, and liver problems in hu- and retailers. Yet the chemical lobby development, babies and children are mans. The National Health and Nutri- in this country is keeping this amend- particularly at risk from these harmful tion Examination Survey, NHANES, ment out of the food safety bill. Why? impacts. linked BPA in high concentrations to What do these include? Increased risk Only one reason. Because the chemical cardiovascular disease and type 2 dia- of breast and prostate cancer, genital companies want to make money to the betes. abnormalities in males, infertility in longest point they can by selling a In addition to the over 200 scientific men, sexual dysfunction, early puberty chemical which is linked to all these studies showing exposure to BPA is in girls, metabolic disorders such as in- harmful health effects. linked to adverse health effects, there sulin-resistant type 2 diabetes and obe- Their resistance to accept this very are a number of studies that link BPA sity and behavioral problems such as small proposal is astounding. We have and other environmental toxins to attention deficit hyperactivity dis- compromised in the negotiations with early onset puberty and other hor- order, ADHD. Senator ENZI. The bill Senator SCHU- Industry continues to insist that monal changes. This is serious. This MER and I introduced was much more BPA is not harmful. But one study emphasizes how detrimental this chem- comprehensive. But we are down to shows us why we should be skeptical ical can be during development. just the three things I mentioned ear- about research funded by the chemical I would like to discuss three of these lier. This is a food safety issue, and it industry. In 2006, the journal Environ- studies. The Endocrine Society, com- profoundly affects children’s health. mental Research published an article prised of over 14,000 members from But some in the industry are fighting comparing the results of government- more than 100 countries, published a tooth and nail to make sure BPA re- funded studies on BPA to BPA studies scientific statement in 2009, expressing mains a staple in the American diet funded by industry. The difference is concern for the adverse health impacts and even for children. Because of this stark. Ninety-two percent of the gov- of endocrine-disrupting chemicals such opposition, it appears I have no option ernment-funded studies found that ex- as BPA. The adverse health impacts in- to move this amendment forward. posure to BPA caused health problems. cluded infertility, thyroid problems, Again, I tried for a year and a half, 7 Overwhelmingly, government studies obesity, and cancer. A study published months of negotiations. I can put a found harm. in Environmental Health Perspectives hold on the bill, stop it, and make a None of the industry studies identi- studied 715 men, ages 20 to 74 years old, fuss, as some others have done over fied health problems as a result of BPA and found that men who had high lev- other issues, or I can wait to fight an- exposure—not one. That is 92 percent els of BPA in their bodies also had other day by allowing this food safety of the government studies and not one higher levels of testosterone. This bill to go forward while continuing to of the industry studies. So I ask: How study demonstrates that higher BPA build the case against BPA. That latter can this be? Clearly, questions are levels in the body are associated with is what I intend to do beginning now. raised about the validity of the chem- altered hormone levels. This battle may be lost, but, rest as- ical industry’s studies. A study in the Journal of Pediatrics sured, I do not intend to quit. I have a The results also illustrate why our in September 2010 demonstrated that deep abiding concern regarding the Nation’s regulatory agencies should puberty in girls is occurring even ear- presence of toxins and chemicals with not and cannot rely solely on chemical lier, by ages 7 and 8. The researchers no testing in all kinds of products and companies to conduct research into studied 1,239 girls in 2004 and 2008, so all kinds of solutions that build up in their own products. Consumers are there was followup, in Cincinnati, East our bodies. There is no precautionary worried about BPA. They are pushing Harlem, and San Francisco. They found standard in this country when it comes in States for restrictions and bans. that at age 8, 18 percent of Caucasian to chemicals. Over 75 organizations that represent al- girls, 43 percent of African-American You have to prove that a chemical is most 40 million Americans, support girls, and 31 percent of Hispanic girls harmful before that chemical can be getting BPA out of food packaging for had signs of puberty. That is at 8 years banned. But the evidence against BPA children. old.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17709 The researchers suspected that envi- products made with BPA. Ask the In 2010, General Mills Muir Glen brand an- ronmental chemicals such as BPA question in your grocery store. Go nounced that they would be introducing a could influence the onset of puberty. where they are not sold. Buy the prod- BPA-free metal can for their organic toma- toes. Early puberty can cause a host of prob- ucts that do not use BPA. Public Hain Celestial and Heinz are researching lems later on in life, such as increased knowledge and awareness is important. and testing alternatives to BPA and plan to rates of breast cancer, lower self-es- In 2008, as part of the Consumer Prod- phase out BPA in some products. Heinz is al- teem, eating disorders, and certainly uct Safety Improvement Act, Congress ready using a substitute to BPA in some of depression. accepted my proposal to ban its can linings. In June 2010, Heinz Australia Given these conclusions, it is critical phthalates, and President Bush signed said that they expect BPA-free cans for baby we act to protect just the most vulner- food to be available within 12 months with it. It banned phthalates, a plasticizing metal closures on glass jars to follow. able, our infants and toddlers, from chemical, from children’s toys. Like Trader Joes offers BPA-free cans for their this chemical. BPA, phthalates are linked to a variety seafood (tuna, salmon, herring, sardines, How are children benefitted by hav- of health problems in young children. I etc.), chicken, turkey & beef, beans and corn. ing a baby bottle or a cup that they sip was proud to lead that fight and pro- Vital Choice transitioned to BPA-free con- from that is coated with BPA? How is tainers for its canned seafood in 2009. tect children from these chemicals. Tupperware Brand’s reusable containers that bottle any better? How is that cup I truly believe the unrestricted use of are 90% non-polycarbonate plastic; con- any better? Fact: It isn’t. Yet the chemicals in products, whether it be tainers for children are all BPA-free. American Chemistry Council puts their makeup for women, lotions that go on CANADIAN RETAILERS PHASING OUT BPA need to sell these chemicals above all bodies, coatings in cans, coverings of Home Depot Canada, Members of the Cana- of the existing studies, above all the plastic, softeners and hardeners, dian Council of Grocery Distributors, Moun- science that is emerging, and would chemicals that leach into food, are a tain Equipment Co-op, Rexall Pharmacies, not even say: Just in case this is true, problem. When we do a food safety bill, Sears Canada, Wal-Mart Canada. yes; we agree with you. We should pro- we ought to consider this. Well, not Mrs. FEINSTEIN. I suggest the ab- tect our young and our youngest. They even this baby step to protect babies is sence of a quorum. would not do even that. going to be taken. The PRESIDING OFFICER. The Our original bill was much broader. I very much regret it, but the battle clerk will call the roll. BPA is not just in plastic bottles, it is is joined. Once I start, I do not stop. The assistant bill clerk proceeded to also used in the epoxy resin that lines We will fight another day. call the roll. tin cans. I no longer buy tin cans be- I thank the Chair and yield the floor. Mr. CARDIN. Mr. President, I ask unanimous consent that the order for cause of it. My family, I have asked EXHIBIT 1 them not to buy things in tin cans. Buy the quorum call be rescinded. LEADING RETAILERS & MANUFACTURERS The PRESIDING OFFICER. Without them in glass. Then we don’t have to PHASING OUT BISPHENOL A (BPA) worry about the BPA that is in the lin- objection, it is so ordered. In response to growing scientific and pub- Mr. CARDIN. Mr. President, I ask ing of the can. lic concern, over the past few years, leading unanimous consent I be permitted to This amendment doesn’t ban BPA in U.S. retailers, baby bottle and water bottle speak as in morning business. the lining of cans. It doesn’t ban BPA manufacturers pledged to phase out The PRESIDING OFFICER. Without in all containers. It just bans BPA in bisphenol A (BPA) in favor of safer cost-ef- objection, it is so ordered. baby bottles and sippy cups, just for in- fective alternatives. These include the fol- SICKLE CELL DISEASE fants, just for toddlers. The chemical lowing companies. Mr. CARDIN. Mr. President, I rise to industry says no. And I guess the other U.S. RETAILERS PHASING OUT BISPHENOL A talk about a very important health side of the aisle bows. BABY BOTTLES issue—sickle cell disease—that high- I am amazed. BPA has been linked to CVS, Kmart, Kroger, Rite Aid, Safeway, lights the tremendous progress the sci- developmental disorders, cancer, car- Sears, Toys ‘‘R’’ Us and Babies ‘‘R’’ Us, Wal- Mart, Wegmans Foods, Whole Foods. entific community has made over the diovascular complications, and diabe- years. This is a timely opportunity to tes by credible scientific bodies. The BABY BOTTLE & SIPPY CUP MANUFACTURERS PHASING OUT OR BPA FREE bring up sickle cell disease because evidence that BPA is unacceptably this month marks the 100th anniver- dangerous is mounting. Yet it remains Avent—offering some BPA-free alter- natives, Born Free, Disney First Years, Dr. sary of its discovery. in thousands of household and food Brown’s, Evenflo—offering some BPA-free al- On November 16 and 17, the National products. In an effort to reach a bipar- ternatives, Gerber, Green to Grow, Klean Institutes of Health will host a re- tisan compromise, which we did do last Kanteen, Medela, Munchkin, Nuby Sippy search symposium on sickle cell dis- night, the amendment I wanted only cups, Playtex, Think Baby, Weil Baby. ease to commemorate the accomplish- restricted the use of BPA in baby bot- WATER BOTTLE COMPANIES PHASING OUT BPA ments of scientists and clinicians over tles and sippy cups because, as the ALADDIN/Pacific Market International, the past century. The symposium, science shows, babies and young chil- CamelBak,Klean Kanteen, Nalgene, Polar named after the scientist who discov- dren are the most susceptible to the Bottle, Sigg. ered the gene, Dr. James B. Herrick, harmful effects of this toxic chemical. FOOD PACKAGING COMPANIES EXPLORING BPA- will bring to Maryland more than 30 This amendment would have ensured FREE ALTERNATIVES experts from around the world to dis- that all babies, in whatever State they In 1999, the health foods company Eden cuss sickle cell disease research and happen to be or wherever they buy Foods phased out the use of BPA in some of treatment. their baby bottles, are safe. We can’t their canned foods. The company has elimi- Sickle cell disease is an inherited even do this in a food safety bill. nated BPA in cans for products such as blood disorder in which red blood cells It would have ensured that parents beans, however they are still searching for alternatives for cans that hold tomatoes. contain an abnormal type of hemo- no longer have to wonder whether the Gerber and Nestle´ Nutrition have publicly globin and frequently take on a sickle, products they buy for their babies will stated they are committed to making all or crescent, shape. These defective harm them now or later in life. I have food and formula packaging BPA-free as blood cells can block small blood ves- on my Blackberry a picture of a new soon as possible. In 2009, Abbott Labs an- sels, which can in turn lead to tissue grandchild born earlier today, a little nounced that it achieved ‘‘BPA free’’ status damage or stroke. A common com- boy by the name of Benjamin. So even in all of its Similac® brand powdered infant plication of this condition is severe if one is a grandparent like me, this is formula products and 91% of their total prod- pain in the limbs, chest, abdomen, and so relevant. If we can’t take care of our uct line is BPA free. Nestle-Gerber an- back. Other complications are anemia, nounced similarly in 2008 that there is no babies, what can we take care of in this BPA in cans used to package the Nestle´ jaundice, severe infection, and spleen, country? GOOD START® Supreme Milk and Soy based liver, and kidney damage. Despite the loss of this amendment, powdered infant formulas, which account for The life expectancy for sickle cell pa- the American people can still vote with more than 80 percent of the type of infant tients is shortened, with studies re- their pocketbooks by refusing to buy formula they sell. porting an average life expectancy of 42
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17710 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 years for males and 48 years for fe- In 1995, the first effective drug treat- care, lost productivity, and premature males. Sickle cell disease occurs most ment for adults with severe sickle cell mortality push the costs well beyond $1 commonly in people of African descent, anemia was reported in a multicenter million per patient. though individuals of Middle Eastern, National Heart, Lung, and Blood Insti- The enormous human and financial Mediterranean, Central and South tute study, including a team led by cost of this disease underscores the im- American, and Asian Indian heritage physicians from Johns Hopkins. The portance of finding a safe cure for sick- can inherit the disease as well. About 1 anticancer drug hydroxyurea was found le cell disease. A worrying finding in in 12 African Americans carries the to reduce the frequency of painful cri- research is that conscious or uncon- gene for sickle cell disease, and 1 in 400 ses, and patients taking the drug need- scious racial bias adversely affects the Americans has the full-blown disease. ed fewer blood transfusions. availability of resources for research, It is estimated that over 80,000 Ameri- In 1996, bone marrow transplantation delivery of care, and improvement of cans have sickle cell disease, with was discovered to improve the course that care. I am particularly concerned about 2,000 babies born with the disease of sickle cell disease for select pa- because there is a significant gap in each year. tients. A year later, blood transfusions funding for more publicized but less Sickle cell disease can result in tre- were found to help prevent stroke in prevalent diseases as compared to sick- mendous personal difficulties. Natasha patients. le cell disease. Thomas is a 36-year-old African-Amer- At the turn of the millennium, the This gap in funding was first ad- ican woman from Baltimore, MD. She introduction of pneumococcal vaccine dressed in 1970 by Dr. Robert Scott considers herself fortunate to have ac- revolutionized the prevention of lethal when he published landmark articles in cess to quality care. Despite some set- infections in children and adults with the New England Journal of Medicine backs, she was able to complete middle sickle cell disease. and the Journal of the American Med- school, high school, and college, and And in 2001, the first mouse model ical Association. Dr. Scott’s articles she has been working consistently for was developed demonstrating the use- spurred congressional hearings that led 15 years. She has had employers who fulness of genetic therapy for sickle to the passage of the first major legis- have allowed her to take leave when cell disease. lation concerning sickle cell disease she has had sickle cell pain crises. More recently, in 2007, scientists treatment, the National Sickle Cell Natasha admits that most of the people from the University of Alabama Bir- Disease Control Act of 1972. she knows with sickle cell disease are mingham and the Massachusetts Insti- Since passage of that act, the number not as fortunate as she is. tute of Technology developed an ani- of research grants for sickle cell dis- Even though she has access to spe- mal model for curing sickle cell dis- ease has risen by a factor of 10. Despite cialized care, Natasha is hospitalized at ease. These scientists used skin stem increased research dollars for sickle least once a year with paralyzing pain cells to reprogram the bone marrow of cell disease and major advances in from the occlusion of her blood vessels mice to produce normal, healthy blood treatment, important gaps still exist in with sickle cells. In the hospital, she cells. the equity of Federal funding alloca- has to undergo IV therapy with fluids I am proud to say that other sci- tion and in the provision of highly and narcotic pain medicine. Natasha is entists from Maryland have played an qualified clinical care. The disparity in grateful for the Maryland medical as- important role in advancing sickle cell funding sickle cell disease in the pri- sistance program, which has provided disease research. Dr. Morton Goldberg, vate sector is even more pronounced her with the necessary resources to get former head of the Wilmer Eye Insti- than it is in the Federal Government. through difficult financial times when tute in Baltimore, is considered the But solely funding additional re- her condition flares up. She admits world’s foremost expert in the diag- search is not enough. We need to be that if she did not have coverage for nosis and treatment of eye disease due sure that the tools we develop for im- specialized care, she would have likely to sickle cell disease. Drs. Jim Casella proving patients’ lives are available to had many more pain flares and may and Robert Brodsky, both from Johns everyone who needs them. Unfortu- have had to receive blood transfusions. Hopkins, have made great strides to- nately, that is not currently the case. Sickle cell disease is not a new phe- ward preventing strokes in young chil- For example, there is a sixteenfold nomenon. People have been living with dren and searching for cures through mortality rate difference between the disease for literally thousands of stem cell transplants, respectively. States with the highest and lowest years. But in the last century, there Improvements in sickle cell disease death rates due to sickle cell disease. have been remarkable advancements in treatments have led to an increase in In other words, depending on where diagnosis and treatment of sickle cell life expectancy from 14 years in 1973 to you live, you may be 16 times more disease. the mid to late 40s now. Innovation likely to die from sickle cell disease in In 1910, Dr. James B. Herrick, an at- continues. As of October 2010, there one State than another. I am proud to tending physician at Presbyterian Hos- were 240 ongoing or recently completed say that interventions such as manda- pital and professor of medicine at Rush NIH-funded trials exploring better di- tory newborn screening developed by Medical College in Chicago, published agnosis or treatment of the disease. Dr. Susan Panny at the Maryland De- an article on the case of an anemic Under the leadership of its Director, partment of Health and Mental Hy- West Indian patient. Herrick’s clinical Dr. Francis Collins, the NIH is poised giene have helped Maryland attain the and laboratory findings of the patient’s to continue to push the envelope of sci- lowest child mortality rate due to sick- ‘‘peculiar elongated and sickle-shaped’’ entific innovations toward finding a le cell disease in the Nation, with 1/10 red blood corpuscles represent the first cure for sickle cell disease. the number of deaths compared to the description of sickle cell disease in Despite all of these technological ad- national average. Western medical literature. vances, sickle cell disease remains a Earlier, I mentioned Natasha Thom- Since the discovery of the mutation significant problem. The annual cost of as. She is fortunate to have access to responsible for sickle cell disease in medical care for the nearly 80,000 indi- specialized treatment centers and rare- the 1950s, there has been a rapid expan- viduals with sickle cell disease in the ly gets hospitalized for pain crises. sion of technological and policy ad- United States exceeds $1.1 billion. The She’s been able to maintain a job and vances. average cost of care per month per pa- says that she has a pretty good quality In 1975, the first statewide newborn tient is nearly $2,000. Studies show that of life. She is a testament to the bene- screening was established in New York. for an average patient with sickle cell fits of having access to necessary treat- In 1986, penicillin was found to be ef- disease reaching age 45, the total ments in Baltimore. fective as a preventive strategy against health care costs are estimated to Natasha has a friend who is not so pneumococcal infection, a particularly reach $950,000. What is worrisome is lucky. He wished to remain anony- dangerous infection for people with that additional costs associated with mous. Natasha’s friend can’t keep a job sickle cell disease. reduced quality of life, uncompensated because he is frequently absent from
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17711 work due to hospitalizations from pain cent of the Federal poverty level is on have seen, many information tech- crises. average 7 years longer than those at or nologies over the past 15 or 20 years. His condition is poorly controlled be- below the Federal poverty level. Earlier this year, I had the privilege of cause he does not have access to spe- These differences are stark, and we chairing the Intelligence Committee’s cialized care as does Natasha. Like so need to have a strategy to deal with bipartisan cyber task force, along with many others with sickle cell disease, them. We need to know how we can my distinguished colleagues, Senator he is in catastrophic debt from medical reach out to the minority communities SNOWE and Senator MIKULSKI, who bills due to his condition. The dif- to deal with their special needs. In ad- made vital contributions and were ference between Natasha and her friend dition to codifying the Office of Minor- great teammates in that effort. We does not have to be a matter of luck. ity Health, the recently enacted health spent 6 months conducting a thorough High quality treatments for sickle cell care reform bill supports a network of review of the threat and the posture of disease exist. We just need to make minority health offices located within the United States for countering it. sure they are available to everyone HHS, and it elevated the National Cen- Based on that review and my work on that requires them. ter on Minority Health and Health Dis- the Senate Judiciary Committee, I Besides our moral obligation to en- parities at NIH from a center to an in- have identified six areas in which there sure that patients receive appropriate stitute. The Offices of Minority Health are overarching problems with the cur- care, there is also an economic argu- will be essential for addressing health rent statutory framework for pro- ment. Research showing the high pro- disparities in America by monitoring tecting our country. The first is a real- portion of sickle cell disease costs as- health status, health care trends, and ly basic one; that is, that current law sociated with inpatient hospitalization quality of care among minority pa- does not adequately facilitate or en- suggest that interventions that reduce tients and evaluating the success of courage public awareness about cyber complications such as pain crises could minority health programs and initia- threats. The government keeps the be cost-saving. tives. damage we are sustaining from cyber We have made significant progress Over the next year I plan to return to attacks secret because it is classified. toward broadening coverage for all the Senate floor to highlight how we as The private sector keeps the damage Americans. But the U.S. Department of a nation and the Office of Minority they are sustaining from cyber attacks Health and Human Services must en- Health in particular can tackle health secret so as not to look bad to cus- sure that the implementation of health disparities. Through a series of presen- tomers, to regulators, and to investors. policy as it pertains to sickle cell dis- tations, I hope to raise awareness The net result of that is that the Amer- ease is done with emphasis on high- about the major health disparity issues ican public gets left in the dark. quality, equitable care. We need to in our country, and I hope to direct our We do not even have a good public make sure the standard of care is avail- attention to the proper implementa- understanding of how extensive and so- able to all and that the guidelines per- tion of the Affordable Care Act so the phisticated the cyber forces arrayed meate throughout the specialty and full potential of this legislation can be against America are. Between the ef- primary care centers caring for pa- realized. forts of foreign governments and inter- tients with sickle cell disease. I am proud of the progress we have national organized crime, we are a long We need to make sure that patients made with the health care reform leg- way from the problem of hackers in the like Natasha’s friend can get the care islation. I am proud of the creation of basement. It is a big operation that has they need. After all, of the nearly $112 the Office of Minority Health, and on been mounted against us, and I would billion spent annually on hospitaliza- this 100th anniversary of the discovery like to be able to describe it more tion for sickle cell disease, a signifi- of sickle cell disease, I commend the fully, but it is both unhelpfully and un- cant portion can be reduced by low- scientific and medical communities for necessarily classified, and so I can’t ering the complications resulting from their contributions to diagnosis and even talk about that. hospitalization if excellent care is uni- treatment of this important condition. formly provided. Mr. President, I yield the floor and Americans are sadly uninformed With the recent codification of the suggest the absence of a quorum. about the extent of the risk and the ex- Office of Minority Health at the De- The PRESIDING OFFICER. The tent of the capacity that is being used partment of Health and Human Serv- clerk will call the roll. against us. If Americans understood ices, we can ensure that our invest- The bill clerk proceeded to call the the threat and the vital role they ment in producing new knowledge is roll. themselves can play in protecting balanced by a similarly robust commit- Mr. WHITEHOUSE. Mr. President, I themselves and the country, I think we ment to universal and equitable diffu- ask unanimous consent that the order would all be more likely to engage in sion of this knowledge. This way, all for the quorum call be rescinded. the cyber equivalent of routine mainte- patients will reap the full benefit of The PRESIDING OFFICER (Mr. nance. People would understand and our investment in research. In addition BEGICH). Without objection, it is so or- they would support legislative changes to sickle cell disease, the Office of Mi- dered. which we need to protect our intellec- nority Health will help us address Mr. WHITEHOUSE. Mr. President, I tual property and our national infra- many other issues pertaining to health ask unanimous consent to speak as in structure. disparities. morning business for perhaps 15 min- One of the principal findings of our Health disparities in our health care utes. cyber task force was that most cyber delivery system are a huge issue. The PRESIDING OFFICER. Without threats—literally the vast majority of Health disparities are differences in objection, it is so ordered. cyber threats—can be countered read- health among social, economic, and ra- CYBER SECURITY ily if Americans simply allowed auto- cial or ethnic lines. Many disparities Mr. WHITEHOUSE. Mr. President, I matic updates to their computer soft- exist in our country. Let’s look at dis- come to the floor to speak about the ware, ran up-to-date antivirus pro- parity through the lens of life expect- legislation that will be required in grams, and exercised reasonable vigi- ancy. order to bolster our Nation’s cyber de- lance when surfing the Web and open- The life expectancy for African fenses and to protect our Nation’s in- ing e-mails. So we need far more re- Americans is 5.3 years lower than tellectual property from piracy and porting from the government and the Whites. Education also affects life ex- from theft. private sector to let Americans know pectancy. Individuals with college edu- In the course of my work on the In- what is happening out there on the cation can expect to live on average 6 telligence and Judiciary Committees, wild Web. Disclosures can be years longer than people who have it has become all too clear that our anonymized, where necessary, to safe- never graduated from high school. The laws have not kept pace with the amaz- guard national security or protect life expectancy of people over 400 per- ing technological developments we competitive business interests. But
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17712 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 basic facts, putting Americans on no- engage in more effective common de- we need to sort out what does need tice of the extent of the present danger fense and information sharing. The that kind of protection, what the cas- and harm, need to be disclosed. most sophisticated threats and at- tle walls should look like, who gets al- Second, we need, beyond just public tacks, however, will require action by lowed to reside inside the walls, and information, to create a structure of our government. The notion that we what the rules are. rights and responsibilities where the can leave our Nation’s cyber defense That leads to the question of a dot- public, consumers, technology compa- entirely to the private sector is no secure domain. I have mentioned this nies, software manufacturers, and longer valid. before, but I would like to highlight it Internet service providers are all able This brings us to a fourth question— as an option for improving cyber secu- to take appropriate roles for us to the increasingly important issue of rity, particularly of the critical infra- maintain those basic levels of cyber se- cyber 911. When the CIO of a local bank structure of our country. curity. The notion that the Internet is or electric utility is overwhelmed by a Recently, General Alexander, Direc- an open highway with toll takers who cyber attack, whom do they call and tor of the NSA and commander of U.S. have no responsibility for what comes under what terms does the government Cyber Command, has echoed this as a down the highway, no responsibility no respond? Right now, the answers to possibility. His predecessor at NSA, matter how menacing, no responsi- those questions are dangerously vague. and a former Director of National In- bility no matter how piratical, no re- The Electronic Communications Pri- telligence, Admiral McConnell, is also sponsibility no matter how dangerous vacy Act—or ECPA—is a vitally impor- an advocate of such a domain for crit- can no longer be valid. We protect each tant statute. In 1986, 25 years ago, ical infrastructure. This doesn’t have other on our physical highways with Chairman PATRICK LEAHY worked hard to be complicated or even mandatory. basic rules of the road and we need a to establish statutory privacy protec- The most important value of a dot-se- similar code for the information high- tions in a domain where constitutional cure domain is that, like dot-gov and way. privacy protections were weak. dot-mil, now we can satisfy consent Australia’s ISPs have negotiated a It is an enduring legislative accom- under the fourth amendment search re- cyber security code of conduct, and plishment and we must preserve its quirements for the government’s de- ISPs in compliance with the code can core principles. Since ECPA was en- fenses to do their work within that do- display a trust mark. That is one idea acted, however, the threat has dra- main, their work of screening for at- worth exploring. But one way or the matically changed. Imagine how tech- tack signals, botnets, and viruses. Crit- other, there needs to be a code of con- nology has changed in 25 years. It is no ical infrastructure sites could bid for duct for safe travel on the information longer true that private firms are capa- permission to protect themselves with highway just as there is on our geo- ble of defending their networks from the dot-secure domain label and be al- graphic highways. sophisticated thieves and spies on their lowed in if they could show that lives Third, we need to better empower our own. and safety for Americans would be pro- private sector to defend itself. When an As we found in the Cyber Task Force, tected by allowing them entry. Obvi- industry comes together against cyber there is now a subset of threats that ously, core elements of our electric attackers to circle the wagons, to cannot be countered without bringing grid, of our financial, transportation, share information, and to engage in a to bear the U.S. Government’s unique and communications infrastructure common defense against those cyber authorities and capabilities. There al- would be obvious candidates. But we attackers, we should help and not ways needs to be strong privacy protec- simply cannot leave that core infra- hinder that private sector effort. Legal tions for Americans against the gov- structure on which the life and death barriers to broader information sharing ernment. But we do let firemen into of Americans depends without better among private sector entities and be- our house when it is on fire and the po- security. tween the private sector and govern- lice can come into our house when Fifth, we must significantly ment must be lowered. I believe we can there is a burglar. A similar principle strengthen law enforcement against encourage cyber security in this way— should apply to criminals and cyber at- cyber crooks. There is simply no better common defense within the private tacks when private capabilities are deterrent against cyber crime than a sector—without undermining other overwhelmed. prospect of a long stretch in prison. We areas of public policy. But it is not There is one more step, and here is need to put more cyber crooks behind going to be a simple task, and we will where it gets a little bit more tricky. bars. It is not for want of ingenuity and have to work our way through it be- You call 9–1–1 and the police or the am- commitment by our professionals that cause those other areas of public policy bulance rushes right over. But in cyber there are not more cyber crooks behind are serious areas—antitrust protection, security, by the time you call cyber bars. the safeguarding of intellectual prop- 9–1–1, it may be too late. Attacks in During my work on the Cyber Task erty, protecting legal privileges, liabil- cyberspace happen at light speed, as Force, I received a number of briefings ity concerns, and even national secu- fast as electrons flow. Not all the risks and intelligence reports on cyber rity concerns in those areas where the and harms that imperil Americans can crime. The FBI and the Department of government may be asked to share be averted by action after the fact. Justice have some real success stories classified information. Some attacks are actually already under their belts, such as the arrests of Bear in mind that there are three there, in our networks, lying in wait the alleged perpetrators behind the levels of threat. As I have said, the for the signal to activate. Mariposa botnet this summer, and our vast majority of our cyber vulnerabili- We as a country are naked and vul- agencies are beginning to work to- ties can be cured by simple patches and nerable to some forms of attack if we gether better and better over the lines off-the-shelf technology. That is the have not predeployed our defenses. Be- of turf defense that separate them. lowest level—just follow basic, simple cause the viruses and cyber attack The problem is, the criminals are procedures and we can rid ourselves of nodes can travel in the text portion of also ingenious and they are greedy and most of the attacking. The next is a messages, we have to sort out a dif- they are successful and they are as- more sophisticated set of threats that ficult question: whether, and if so how toundingly well funded. Again, we are require the best efforts of the private and when, the government can scan for not talking about hackers in the base- sector to defend against. Those private dangerous viruses and attack signals. ment. We are talking about substantial sector efforts are becoming increas- In medieval times, communities pro- criminal enterprise with enormous ingly sophisticated and capable. As to tected their core infrastructure from sums of money at their disposal and at those types of attacks, the private sec- raiders by locating the well, the gra- stake. tor can handle them alone and particu- nary, and the treasury inside castle Many enterprises appear to work larly so if we have empowered the pri- walls. Not everything needs the same hand-in-hand with foreign govern- vate sector, industry by industry, to level of protection in cyberspace, but ments, which puts even greater assets
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17713 for attack at their disposal. They have public and rigorous congressional over- I yield the floor. I suggest the ab- a big advantage. The architecture of sight are essential. We have to go sence of a quorum. the Internet favors offense over de- about this right. The PRESIDING OFFICER. The fense. Technologically, it is generally I look forward to working with my clerk will call the roll. easier for savvy criminals to attack a Senate colleagues and with the admin- The assistant editor of the Daily Di- network and to hide their trail than it istration as the Congress moves toward gest called the roll. is for savvy defenders to block an at- comprehensive cyber security legisla- Mr. WHITEHOUSE. Mr. President, I tack and trace it back to the criminals. tion to protect our country before a ask unanimous consent that the order We are not on a level playing field great cyber attack should befall us. for the quorum call be rescinded. The PRESIDING OFFICER. Without against cyber criminals. That is the Let me close my remarks by saying objection, it is so ordered. problem not easily overcome. What we the most somber question we need to can overcome, however, are the gaps, face is resilience. f the weaknesses, the outdated strate- First, resilience of governance: How MORNING BUSINESS gies, and the inadequate resources in could we maintain command and con- Mr. WHITEHOUSE. Mr. President, I our own legal investigative processes. trol, run 9–1–1, operate FEMA, deploy ask unanimous consent that the Sen- One example: the most dangerous local police and fire services, and acti- ate proceed to a period of morning cyber criminals are usually located vate and direct the National Guard if business, with Senators permitted to overseas. To identify, investigate, and all of our systems are down? speak for up to 10 minutes each. ultimately prosecute those criminals Second, resilience of society: How do The PRESIDING OFFICER. Without under traditional law enforcement au- we make sure people have confidence objection, it is so ordered. during a prolonged attack that food, thorities, we have to rely on complex f and cumbersome international proc- water, warmth, and shelter will remain esses and treaties established decades available? Because the Internet sup- TRIBUTE TO ROBERT FORBUSS ago that are far too slow for the mod- ports so many interdependent systems, Mr. REID. Mr. President, I rise today ern cyber crime environment. a massive or prolonged attack could to honor Mr. Robert ‘‘Bob’’ Forbuss for We also need to resource and focus cascade across sectors, compromising his service to the people of Nevada. To- criminal investigation and prosecution or taking over our communications morrow evening, at its Annual Conven- at a level commensurate with the fact systems, our financial systems, our tion and Tradeshow in Las Vegas, the that we, America, are now on the los- utility grid, and the transportation and American Ambulance Association will ing end of what is probably the biggest delivery of the basic necessities of honor Mr. Forbuss for his many years transfer of wealth through theft and pi- American life. of work on behalf of ambulance serv- racy in human history. Third, our American resilience as in- ices in Nevada and throughout the Na- I will say that again: We are at the dividuals: Think about it. Your power tion. Today I am happy to call the at- losing end of what is probably the big- is out and has been for a week. Your tention of the Senate to the selfless gest transfer of wealth through theft phone is silent. Your laptop is dark. service that my good friend has ren- and piracy in human history. You have no access to your bank ac- dered to the State of Nevada. I am pleased that in fiscal year 2010 count. No store is accepting credit Bob is a native Nevadan who has the FBI received an additional 260 cards. Indeed, the corner store has served this community for nearly four cyber security analysis and investiga- closed its doors and the owner is sit- decades as an educator, elected official, tive positions. DOJ’s Computer Crimes ting inside with a shotgun to protect businessman, and community advo- and Intellectual Property Section has against looters. Gasoline supply is ra- cate. After earning his degrees in polit- not received new resources in 5 years. tioned with National Guard soldiers ical science and public administration With the FBI poised to ramp up its in- keeping order at the pumps. Your chil- from Long Beach State University, Bob returned to Las Vegas and began his vestigatory actions against our cyber dren are cold and hungry and scared. professional career as a teacher at adversaries, I am concerned the DOJ How, then, do you behave? Bishop Gorman High School from 1972– may not have the resources to keep up. I leave this last question, our resil- 1979. He then served on the Clark Coun- Sixth, we need clear rules of engage- ience as a government, as a society, ty School Board of Trustees for 8 years ment for our government to deal with and as individuals to another day. But and was an influential advocate for foreign threats. That is, unfortunately, I mention it to highlight the poten- education initiatives in Southern Ne- tially catastrophic nature of a con- a discussion for another day since so vada. For his many years of service to much of this area is now deeply classi- certed and prolonged cyber attack. education in Nevada, Bob was eventu- fied. But here is one example: Can we Again, such an attack could cascade ally honored by the Clark County adapt traditional doctrines of deter- across multiple sectors and could inter- School District in the naming of the rence to cyber attacks when we may rupt all of the different necessities on Robert L. Forbuss Elementary School. not know for sure which country or which we rely. It is fitting that such a fine educator nonstate actor carried out the attack? When your power is down, it is an in- will forever have his name stamped on If we can’t attribute, how can we convenience but you can usually call the hearts of the students that attend deter? somebody on the phone. Now the phone Forbuss Elementary School. With respect to any policy of deter- is out, so you can go to the laptop and During his tenure at Bishop Gorman, rence, how can it stand on rules of en- try to e-mail somebody, but there is no Bob became an emergency medical gagement that the attacker does not signal on the laptop. You need cash. technician, EMT, and worked during know of? Not only do we need to estab- You go to the ATM. It is down. The his summer breaks for Mercy Medical lish clear rules of engagement, we need bank is not open because a run would Services. He quickly worked his way to establish and disclose clear rules of take place against its cash assets, through the managerial ranks of Mercy engagement if any policy of deterrence given the fact that it can no longer re- and eventually became an owner of the is to be effective in cyberspace. liably electronically let its customers company. Mercy soon became a flag- Finally, as we go about these six know what their bank account bal- ship and model operation in the United tasks, the government must be as ances are. States for paramedic services and Bob transparent as possible with the Amer- We are up against a very significant became a recognized leader in EMS ican people. I doubt very much that the threat. I hope some of the guideposts I Services, winning numerous awards Obama administration would abuse have laid out will be helpful in design- and becoming a popular speaker at na- new authorities in cyberspace to vio- ing the necessary legislation we need tional conferences. late Americans’ civil liberties. But on to put in place to empower our country One of his greatest achievements, principle, I firmly and strongly believe to successfully defend against these and the one for which he is being recog- that maximum transparency to the sorts of attacks. nized tomorrow evening, has been his
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17714 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 work on behalf of the American Ambu- that I speak for all of my colleagues in Alaska’s history over the past half lance Association, AAA. The AAA was when I say how difficult it was to re- century. Having served with distinc- formed in response to the need for im- ceive news of Ted’s passing this sum- tion in World War II as a pilot for the provements in medical transportation mer, and I would like to take this mo- U.S. Army Air Corps in Asia, Ted grad- and emergency medical services. Bob ment to convey my heartfelt condo- uated from Harvard Law School in 1950 was an original founder of the AAA, lences to everyone who knew, worked and moved to Fairbanks to practice and he later served as the organiza- with, and enjoyed Ted during his life. law. Several years later, Ted was tion’s president. I have no doubt that I believe that Ted will long be re- brought on to work for the Interior De- throughout his presidency, and the membered as a man of the Senate. partment under President Eisenhower. subsequent years of service that fol- First appointed to his seat more than In that capacity, Ted advocated very lowed, he has labored diligently to en- four decades ago, Ted Stevens became persistently for Alaskan statehood, fi- sure that our Nation’s ambulatory sys- the longest-serving Republican in the nally helping make that goal a reality tems have the resources they need to history of this body in 2007. Through- in 1959. Later on, as a Senator, Ted serve our families, friends, and commu- out his tenure in Washington, Ted once again worked hard on behalf of his nities. served in a number of key leadership State, its people and interests, fighting Today, I express my sincere thanks positions, including as chairman of the to direct federal resources to that vast, to my dear friend for the noble work Senate Appropriations Committee and sparsely populated, and incredibly that he has performed over the years. as President pro tempore. beautiful corner of our country. Bob Forbuss has touched the lives of Over the years, I had the pleasure of Ted viewed himself as Alaska’s chief countless Nevadans and others being able to collaborate with Ted on a advocate here in Washington, and throughout our Nation, and in so doing number of critically important issues, throughout his four decades in the Sen- has established a legacy of service for including, perhaps most recently, legis- ate, he never deviated from that mis- all to follow. lation that I introduced during the sion. Known by many of the Alaskans f 110th Congress to provide paid leave to he helped over the years simply as workers under the auspices of the Fam- ‘‘Uncle Ted,’’ Ted Stevens was sin- THE RELEASE OF AUNG SAN SUU ily and Medical Leave Act. And while gularly devoted to serving his constitu- KYI Ted and I did not substantively agree ents and ensuring their needs and con- Mr. MCCONNELL. Mr. President, this on much, he didn’t shy away from cerns were given a voice on Capitol past weekend produced the first heart- reaching out across the partisan divide Hill. And it is that level of dedication ening news out of Burma in recent to get things done. In fact, it was his to the people who sent him here to rep- memory. Coming just days after the willingness to work with Democrats— resent their interests that will ulti- junta held its charade-like elections, to seek out common ground and com- mately be Ted Stevens’ greatest leg- this past Saturday Aung San Suu Kyi promise on areas of contention when acy. was released from house arrest where necessary—that made him such a pro- Once again, I would like to express she had spent 15 of the past 21 years. lific, effective, and well-respected my sincere condolences to Ted’s wife While fellow advocates of democracy member of this body. Catherine; his children Susan, Eliza- in Burma rightly rejoice in her being The incredibly strong bonds Ted beth, Walter, Theodore, Ben, and Lily; freed, our feelings of joy and relief are forged with his colleagues over the and his 11 grandchildren. And I would tempered by several sobering concerns. years were in full display at his memo- also like to take this opportunity to First, there is the matter of her safety. rial service in Alaska over the summer. thank Ted for his years of tireless and We all remember the brutal attack I made the trip up north to attend his selfless service on behalf of his State against her in 2003. That must not be funeral, and I found it incredibly mov- and country. permitted to happen again. Second, we ing to hear the words of Ted’s longtime Mr. CORNYN. Mr. President, this know Suu Kyi has been released in the friend, my colleague Senator INOUYE, past summer the people of Alaska lost past only to be later detained on who delivered Ted’s eulogy, and our one of its favorite sons, and many of us trumped-up charges. We want her re- Vice President JOE BIDEN, who also in the U.S. Senate lost one of our men- lease to be permanent, not temporary. made some remarks during the service. tors and friends. His name was Senator Third, although she was granted un- Clearly, this was a person who left not Ted Stevens. conditional release, it remains to be only an indelible mark on the Senate By the time I took my seat in this seen whether the regime will tolerate as a body, but on many of the indi- Chamber, Senator Stevens had already her active participation in public af- vidual Senators who had the oppor- held his for more than three decades. fairs. And that is essential for Burma tunity to serve with him over the He chaired numerous committees, to undertake any meaningful progress years. served as President pro tempore, and toward democracy. Finally, while Suu That was certainly the case for me. was widely regarded as one of the most Kyi has been released from detention, Years ago, Ted Stevens and I partici- gifted parliamentarians on our side of more than 2,000 other prisoners of con- pated in the U.S.-Canadian inter- the aisle. His forty years of service is science remain imprisoned in Burma. parliamentary meeting together. It the longest tenure of any Republican in Only when all are unconditionally was one of the most enjoyable 4 days I the history of the United States Sen- freed can the people of Burma truly spent in my 30 years in the Senate for ate. begin the process of democratic reform one simple reason—in addition to all Senator Stevens championed land- and reconciliation. his substantive talents, Ted Stevens mark legislation that has transformed Make no mistake, the release of Suu was great fun—he loved his family, Alaska, America, and the world. He Kyi is a positive step forward in Alaska, his country and his friends. helped settle land claims of Native Burma. Yet it is only the first—and by And on that last point, while it is Americans, guard fisheries and protect no means the final—step that must true that Ted was a creature of the natural wonders of his home State. He take place in that beleaguered country. Senate, I believe Ted Stevens will be helped guide the Trans-Alaska Pipeline f remembered far into the future first Act into law, which has dramatically and foremost as a man of Alaska. Ted improved our Nation’s energy security. REMEMBERING SENATOR TED truly loved his home State, and over He helped strengthen our Armed STEVENS the years, he cultivated a strong rep- Forces to defend America’s interests Mr. DODD. Mr. President, I rise utation as one of its greatest cham- and values. He helped reform the today to pay tribute to the life of a pions. United States Olympic Committee, and friend and former colleague, former Indeed, Ted’s own life was inex- has given generations of American ath- Senator Ted Stevens, who passed away tricably linked to many of the major letes the chance to succeed at the high- this August in a plane crash. I know events and advancements that occurred est levels of international competition.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17715 Ted Stevens’ devotion to his adopted and peace and today we honor his serv- Staff Sergeant Benitez worked on the home State extended well beyond his ice and sacrifice for our country. front lines of battle, serving in the service in Washington. After earning a LANCE CORPORAL IRVIN M. CENICEROS most dangerous areas of Iraq and Af- Distinguished Flying Cross in World Mrs. LINCOLN. Mr. President, today ghanistan. He is remembered by those War II and graduating from Harvard I honor of LCpl Irvin M. Ceniceros, 21, who knew him as a consummate profes- Law School, he served as U.S. attorney of Clarksville, who died on October 14, sional with an unending commitment in Fairbanks. In 1958, as legislative 2010, while supporting combat oper- to excellence. Friends and loved ones counsel for the Department of the Inte- ations in Helmand Province, Afghani- remember his commitment to his wife. rior here in Washington, he helped stan. His mother, Imelda, remembers how shepherd Alaska’s Statehood Act into My heart goes out to the family of her son wanted to enlist in the Army law. In 1999, his State’s legislature Lance Corporal Ceniceros, who made when he was just 17. She made him named him the ‘‘Alaskan of the Cen- the ultimate sacrifice on behalf of our wait an extra year. tury.’’ As one of his family members Nation. Along with all Arkansans, I am Mark Twain once said, ‘‘The fear of put it, the legacy of Ted Stevens is the grateful for his service and for the sac- death follows from the fear of life. A 49th star on the American flag. rifice he and his family have made. I man who lives fully is prepared to die Four other individuals perished in am committed to ensuring that all of at any time.’’ Staff Sergeant Benitez’s the plane crash that claimed the life of our veterans always have the full sup- service was in keeping with this senti- Senator Ted Stevens on August 9, and port they need and deserve, and I can ment—by selflessly putting country we pray for all those who lost loved assure our brave soldiers and their first, he lived life to the fullest. He ones on that night. Sandy and I espe- families that our grateful Nation will lived with a sense of the highest honor- able purpose. cially keep in our hearts those whom not forget them when their military At substantial personal risk, he Ted Stevens loved most: his wife Cath- service is complete. More than 11,000 Arkansans on active braved the chaos of combat zones erine, his 6 children, his 11 grand- duty and more than 10,000 Arkansas throughout Iraq and Afghanistan. And children, and the nearly 700,000 Alas- Reservists have served in Iraq or Af- though his fate on the battlefield was kans who cherish the memory of ghanistan since September 11, 2001. uncertain, he pushed forward, pro- ‘‘Uncle Ted.’’ These men and women have shown tre- tecting America’s citizens, her safety, f mendous courage and perseverance and the freedoms we hold dear. For his HONORING OUR ARMED FORCES through the most difficult of times. As service and the lives he touched, Staff neighbors, as Arkansans, and as Ameri- Sergeant Benitez will forever be re- STAFF SERGEANT INGLE´ S DOSREIS cans, it is incumbent upon us to do ev- membered as one of our country’s brav- Mr. LAUTENBERG. Mr. President, I erything we can to honor their service est. rise today to honor the life of SSG and to provide for them and their fami- To Staff Sergeant Benitez’s wife, Ingle´s DosReis, who was tragically lies, not only when they are in harm’s their children, and his entire family—I killed on August 28, 2009, while serving way but also when they return home. It cannot imagine the sorrow you must be at Aviano Air Base in Italy. is the least we can do for those whom feeling. I hope that, in time, the pain of Staff Sergeant DosReis enlisted in we owe so much. your loss will be eased by your pride in the Air Force in February 2005, imme- Lance Corporal Ceniceros was as- Carlos’s service and by your knowledge diately following his graduation from signed to 3rd Battalion, 5th Marine that his country will never forget him. high school. He was a member of the Regiment, 1st Marine Division, I Ma- We are humbled by his service and his 51st Security Forces Squadron sta- rine Expeditionary Force, Camp Pen- sacrifice. tioned out of Osan Air Base in South dleton, CA. f Korea from August 2005 until August STAFF SERGEANT CARLOS A. BENITEZ REQUEST FOR CONSULTATION 2006. He was subsequently transferred Mr. BENNET. Mr. President, it is Mr. COBURN. I ask unanimous con- to the 31st Security Forces Squadron with a heavy heart that I rise today to sent that the following letter be print- at Aviano Air Base, where he started as honor the life and heroic service of ed in the RECORD. an installation entry controller. He de- SSG Carlos A. Benitez. Staff Sergeant ployed to Iraq in August 2007 and re- There being no objection, the mate- Benitez, who was assigned to the 10th rial was ordered to be printed in the ceived the Army Achievement Medal Cavalry Regiment, 4th Infantry Divi- for his service. Staff Sergeant DosReis RECORD, as follows: sion, in Fort Carson, CO, died on Octo- U.S. SENATE, served in Iraq until February 2008 and ber 14, 2010, from injuries sustained upon his return he became a certified Washington, DC, November 16, 2010. when an improvised explosive device Hon. MITCH MCCONNELL, desk sergeant at Aviano Air Base. He detonated near his vehicle. Staff Ser- Senate Minority Leader, was posthumously promoted by the Air geant Benitez was serving in support of Washington, DC. Force to the permanent grade of staff Operation Enduring Freedom in Af- DEAR SENATOR MCCONNELL: I am request- sergeant in August 2009. ghanistan. He was 24 years old. ing that I be consulted before the Senate en- Staff Sergeant DosReis’ family fond- A native of Carrollton, TX, Staff Ser- ters into any unanimous consent agreements or time limitations regarding S. 2925, Domes- ly remembers him as an intelligent and geant Benitez graduated from kindhearted man and a loving husband tic Minor Sex Trafficking Deterrence and Creekview High School and joined the Victims Support Act of 2010. to his wife Katherine and father to his Army in October 2004. He served three I support the goals of this legislation and son Christian. A great athlete, Staff tours of duty: two in Iraq and one in believe slavery, in any form, is morally rep- Sergeant DosReis spent much of his Afghanistan—all with decoration. His rehensible. Sex trafficking is a global epi- childhood playing basketball and had a wife and young daughter and son demic, and we should endeavor to eliminate passion for sports. He was also a nat- moved to Colorado for Staff Sergeant this industry, especially due to its effects on ural student, earning honors in high minors who are victims of this practice. Benitez’s most recent assignment. However, I believe we can and must do so in school and later going on to take class- During 5 years of service, Staff Ser- a fiscally responsible manner that upholds es at the Community College of the Air geant Benitez distinguished himself the Constitution. My concerns are included Force with a major in political science. through his courage, dedication to in, but not limited to, those outlined in this Over a year has passed since SSG duty, and willingness to take on any letter. Ingle´s DosReis was tragically taken job. He was awarded numerous awards While the Judiciary Committee considered from those who love him. Today, I join and medals, including two Army Com- and amended this bill in its Executive Busi- Staff Sergeant DosReis’ family and mendation Medals, the Valorous Unit ness Meeting, making some positive changes, I still have several concerns with the com- friends in commemorating his life by Award, the Army Good Conduct Medal, mittee-reported language. First, although entering his name in the RECORD. As a the Afghanistan Campaign Medal with the new grant program created by this legis- member of the Air Force, he showed his Campaign Star, and the Iraq Campaign lation will be inserted into existing traf- loyalty and commitment to freedom Medal with four Campaign Stars. ficking law, the bill extends the current
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17716 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 funding authorization period. The Traf- gram to avoid some of the overlap and direct tively in the Department of Defense so ficking Victims Protection Reauthorization duplication it initially created, there remain as to reduce start-up costs and logis- Act of 2008 (TVPRA) established the current several broad Justice Department grant pro- tics. We appreciate the concerns some law regarding trafficking, but its funding au- grams that can be used for the purposes out- may have with the appearance we are thorizations expire in 2011. However, in com- lined in this bill’s grant program. All of the bining this bill’s new grant program with ex- Edward Byrne Grant programs, including the militarizing cyber security, so our sub- isting TVPRA grants, it also extends the Discretionary Grants or earmarks, the Com- stitute creates the center as a stand- grant’s authorization through 2014. Thus, the munity Oriented Policing Service (COPS) alone entity, like the Office of the Di- bill authorizes new spending of $15 million grants and multiple juvenile justice grants rector of National Intelligence. In this per year from 2012–2014, totaling $45 million offered through the Office of Juvenile Jus- way, it will be clear we are not milita- that is not offset by reductions in real spend- tice and Delinquency Prevention (OJJDP) rizing cyber security and one depart- ing elsewhere in the federal government. contain broad language that would allow ment does not have the inside track these grants to be used for the purposes out- It is irresponsible for Congress to jeop- over any other when it comes to secur- ardize the future standard of living of our lined in S. 2925. children by borrowing from future genera- While there is no question that the sex ing our government networks. In order tions. The U.S. national debt is now over $13 trafficking industry has lifelong, horrific ef- to make sure there is appropriate input trillion. That means over $43,000 in debt for fects on its victims, particularly minors, from DOD and DHS, we are also cre- each man, woman and child in the United both federal and state governments bear the ating two deputy directors, instead of States. A year ago, the national debt was burden of addressing this issue. It is the one, with each appointed by the respec- states who should provide funding for the $10.2 trillion. Despite pledges to control tive Secretaries with the concurrence spending, Washington added $4.6 billion to permissible purposes under this bill’s grant program, as it is state and local agencies of the Director of the National Cyber the national debt every single day last Center. year—that is $3.2 million every single which have the responsibility to carry out minute. these services. Furthermore, the federal gov- Second, the Cyber Defense Alliance is Second, the Sex Trafficking Block Grants ernment already provides funding to address a pivotal component for encouraging in S. 2925 go beyond the responsibility of the trafficking issues, and grant programs are government and the private sector to federal government by allowing grantees to available to state and local governments that can be used to help sex trafficking vic- collaborate and share information on use grant money for activities that are cyber-related matters. We recognize rightly the responsibility of individual tims. Congress should, like many American individuals and companies do with their own that the private sector is often on the states. The grants may be used to provide resources, evaluate current programs, deter- clothing, daily necessities, counseling and front lines of cyber attacks, so any in- mine any needs that may exist and prioritize legal services to trafficking victims. They formation they can provide to increase those needs for funding by cutting from the may also be used to provide training for government awareness of the source federal budget programs fraught with waste, state and local law enforcement officers and and nature of cyber threats will make fraud, abuse and duplication. social service providers. Finally, the grants Sincerely, both government and the private sec- may be used to fund salaries for state and TOM A. COBURN, M.D., tor stronger. The corollary to this is local law enforcement officers and prosecu- U.S. Senator. that the government must share its tors, as well as investigation expenses for own cyber threat information, includ- minor sex trafficking cases prosecuted by f the state. All of these expenses can and ing classified or declassified intel- NATIONAL CYBER INFRASTRUC- ligence, with the private sector. should be provided by the states, not the fed- TURE PROTECTION ACT eral government. All of this sharing can raise signifi- I agree the problem of sex trafficking, par- Mr. BOND. Mr. President, last June, cant privacy concerns. So, in response ticularly when the victims are children, is an Senator HATCH and I introduced S. 3538, to suggestions we have heard, our sub- important issue both state and federal gov- the National Cyber Infrastructure Pro- stitute bill adds language to clarify ernments should address. As ranking mem- tection Act. This bill responds to the that at least one of the private sector ber of the Human Rights and the Law Sub- concern expressed by former Director committee, I have seen the effects of the sex members of the board of directors must of National Intelligence Mike McCon- have experience in civil liberties mat- trade industry both internationally and do- nell that ‘‘[i]f we were in a cyber war mestically. As it pertains to domestic child ters. We believe this will ensure that sex trafficking victims, however, I believe today, the United States would lose.’’ privacy concerns are taken seriously at the federal government should not be the The bill is built on three principles. the very top levels of the Alliance. We primary provider of services for these vic- First, we must be clear about where all have an interest in making sure tims. Congress should, and, more impor- that threat information is shared, but Most cases involving child sex trafficking tantly, should not legislate. Second, we also have an interest in making are prosecuted at the state level, while the there must be one person in charge— sure that no one’s privacy rights are federal government typically only joins someone outside the Executive Office violated. cases involving large sex trafficking rings of the President who is unlikely to that often include other federal criminal ac- claim executive privilege, but who has The next Congress needs to focus on tivity. As a result, I have concerns that this passing effective cyber legislation. I legislation places too great of a burden on real authority to coordinate our gov- ernment cyber security efforts. Third, believe that S. 3538, as amended, pro- the federal government to provide funding vides a solid starting point for that ef- for trafficking victims’ services. In addition, we need a voluntary public-private the bill allows grant funds to be used in partnership to facilitate sharing cyber fort. The bill addresses the most press- many ways beyond basic services that I be- threat information, research, and tech- ing needs: it puts someone outside the lieve both detract from the goal of assisting nical support. White House in charge of cyber policy victims and duplicates funding already pro- Since filing the bill, we have contin- and the Federal cyber budget; it pro- vided by other federal grant programs. ued to work with government, indus- vides a national cyber center that can Third, only 50% of the grant funds are re- try, and privacy experts in making oversee and coordinate cybersecurity quired to go toward actual victims’ services. sure that the solutions identified in for dot.gov and dot.mil; and it creates The other 50% can be used for salaries for a public-private partnership that will state law enforcement officers and prosecu- this bill are effective. There are many tors, as well as state trial and investigation different opinions out there on how harness the creativity of the private expenses. While I do not support the federal best to tackle the cyber security prob- sector to better protect our dot.com funding of food, clothing and other daily ne- lems we face, and so we remain open to networks. cessities for these victims, by refusing to re- looking at ideas for improving the bill. Congress should avoid the tempta- quire a higher percentage of the grant to go Earlier today, we filed a substitute tion to overlegislate in this area. We toward these types of direct victims’ serv- amendment to S. 3538 that incorporates need to walk before we can run. Once ices, the bill does not fulfill its goal. this basic cyber infrastructure is estab- Finally, while I was encouraged by some of a number of these suggested improve- the compromise language that was included ments. It has been referred to com- lished, it will bring the leading public in the bill the Judiciary Committee ulti- mittee. and private cyber experts together to mately passed, such as inserting the bill’s The original bill would have housed shape cyber activities and policies. grant program into an existing federal pro- the National Cyber Center administra- These experts will then be in an ideal
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17717 position to advise Congress and the ad- thank the thousands of everyday he- an international association of hotel ministration on the need for any addi- roes such as home health nurses, thera- and hospitality schools, on the occa- tional steps to ensure our cybersecu- pists, and aides, who work tirelessly to sion of its 49th Congress, which was rity. provide professional health and pallia- held in Providence, RI, from November I thank my good friend Senator tive care and support to millions of 7 through November 12, 2010. HATCH for his close collaboration on Americans in need of quality health EUHOFA International was founded this legislation. I know he will be an services. Their efforts allow families to in Europe in 1955 with the mission of effective advocate for this approach stay together, and provide greater enhancing the quality of the training when the bill is filed in the next Con- comfort and dignity to those in our for the tourism industry throughout gress. communities. the world. Its members represent the f f world’s top hotel and hospitality col- leges and universities in 45 countries. NATIONAL HOME CARE AND THE JOHN HANSON NATIONAL Representatives from 19 of these coun- HOSPICE MONTH MEMORIAL ASSOCIATION tries attended this year’s congress in Mr. WYDEN. Mr. President, our Mr. CARDIN. Mr. President, I wish to Providence. country strives to provide exceptional recognize a fellow Marylander, John The 2010 EUHOFA Congress marks support for the sick, elderly and termi- Hanson, whose statue graces Statuary only the second time this event has nally ill in home and hospice settings. Hall here in the U.S. Capitol. George taken place in the United States. This These vulnerable individuals, as well as Washington is properly revered as the year, as in 1994, the EUHOFA Congress their family caregivers, are indebted to ‘‘Father of our Country’’ and the Na- was hosted by Johnson & Wales Univer- the many professionals and volunteers tion’s first President. But we mustn’t sity in Providence, which is home to who have made it their life’s work to overlook John Hanson’s seminal con- one of our Nation’s premier hospitality serve those in greatest need. Nearly tributions to the birth of the United schools. 83,000 hospice professionals, 46,000 hos- States. In October 1781, the British sur- The tourism industry is a vital part pice volunteers and 1 million home rendered at Yorktown, VA, and the of my State and our Nation’s economy. health providers, nationally, con- American Revolution was over. A Many people associate tourism solely tribute significantly to our health care month later, Hanson became the first with vacations. But at its heart, tour- system through their compassion and elected President of the Continental ism provides an important bridge be- commitment. Congress established under the Articles tween countries and cultures, and at a Hospice care provides humane and of Confederation. He was unanimously time of great change, this kind of un- comforting support for over 744,000 ter- elected and served one term, from No- derstanding is essential for our na- minally ill patients and their families vember 5, 1781 to November 3, 1782. tional security and economic recovery. each year. These services include pain John Hanson’s administration began I am very proud that Rhode Island control, palliative medical care and so- the task of creating the governmental and Johnson & Wales University are cial, emotional and spiritual services. infrastructure to meet the needs of a hosting this great event. On behalf of Hospice supports the basic human growing, diverse nation. Under his the U.S. Senate, it is my pleasure to needs for feeling comfortable, in a fa- leadership, the Nation’s first central congratulate the 49th EUHOFA Inter- miliar environment, surrounded by lov- bank was created, along with the post national World Congress. ing caregivers and family during the office, the departments of State, War f later stages of life. Hospice care is an and Treasury, the diplomatic corps, the effective model for the interaction of national seal, and the annual observ- TRIBUTE TO MARGOT ALLEN interdisciplinary teams of health pro- ance of Thanksgiving Day. As the first Mr. ENSIGN. Mr. President, I am fessionals, family members and volun- elected President of our independent honored to rise today to pay tribute to teers in providing care for those need- Nation, President Hanson began the Margot Allen, an exceptional em- ing care in our communities. task of unifying the former colonies ployee, a dedicated patriot, an extraor- The movement to provide health care and providing for their common de- dinary woman, and a treasured friend, and supportive services in the home en- fense, communication, and economic in celebration of her 70th birthday. vironment has evolved rapidly over the growth. Margot has been an invaluable part of past few decades. Home care services The John Hanson National Memorial my congressional team since our first typically bring the expertise and com- Association now seeks to memorialize campaign in 1994. passion of providers in numerous dis- John Hanson and recognize his con- Raised in Alabama, Margot has the ciplines into the setting where most tributions to our Nation. The associa- charm and grace of a true southern sick patients prefer to reside—the tion proposes to create a national me- belle. Add to that her demand for preci- home. More than 11 million Americans morial on the Frederick County Court- sion and professionalism and her quick benefit each year from this approach. house courtyard, overlooking the site wit, and it explains why she has been We have made great strides in ad- of the John Hanson House in Fred- known to elicit a, ‘‘Why, thank you!’’ vancing care for all Americans through erick, MD. Funds also will be raised to from an obtuse obstructionist who has the recently enacted Affordable Care establish a public education program quite politely been told to ‘‘take a long Act. A key provision in this effort is regarding President Hanson’s contribu- walk off a short pier’’ in that capti- the establishment of a Medicare hos- tions to our democracy. Funding also vating southern drawl. pice concurrent care demonstration will be used to support the John Han- Margot’s work on behalf of veterans program, which would allow patients son Institute, which would restore and and seniors in Nevada has earned her a who are eligible for hospice care to also preserve President Hanson’s first stellar reputation as the authority receive all other Medicare covered home, Mulberry Grove, on the banks of among her peers and a miracle worker services during the same period of Port Tobacco River in Charles County, among those constituents who have time. Following establishment of this MD. benefited from her tenacious advocacy. program, I am hopeful that this coun- I ask my colleagues to join me in sa- She has gained the respect and admira- try will move in a direction where indi- luting the efforts of the association to tion of those both in and out of govern- viduals and families do not have to recognize our first elected President, ment agencies with whom she collabo- make the difficult choice between hos- John Hanson of Maryland. rates. As a Regional Representative in pice and curative care in the Medicare f my Las Vegas office, Margot has been a Program. champion for Nevada’s servicemen and On behalf of Oregon home health and RECOGNIZING EUHOFA women, working tirelessly to resolve hospice providers celebrating Novem- Mr. REED. Mr. President, today I problems arising from bureaucracy or ber as home care and hospice month, I recognize and congratulate EUHOFA, errors—often times being able to bring
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17718 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 relief and hope to battle weary con- infant deaths in 2006. In addition to more of my colleagues will join us in stituents. Her association with active being the leading cause of newborn supporting this important bill. duty and retirees from all branches of death, prematurity can cause those service coupled with her deep apprecia- who do survive a lifetime of health f tion for the ‘‘Tradition of Honor and challenges and intellectual disabilities. ADDITIONAL STATEMENTS Legacy of Valor’’ has earned her pro- Even infants born just a few weeks found admiration from privates and early have higher rates of hospitaliza- generals alike. At Nellis Air Force tion and illness than full-term infants. TRIBUTE TO VICTOR PEREZ Base in Las Vegas, NV, the Com- The last few weeks of pregnancy are ∑ manding Officer of the 99th Airbase critical to a baby’s health because Mrs. BOXER. Mr. President, I ask my Wing is often referred to as the ‘‘Mayor many important organs, including the colleagues to join me in thanking Fres- of Nellis.’’ However, anybody who has brain and lungs, are not completely de- no resident Victor Perez for his valiant been stationed at Nellis will definitely veloped until then. actions that resulted in the rescue of concede that it is Margot who is the We are making incredible advances an eight-year-old kidnapping victim mayor. She knows everybody and ev- in how we treat these children, but we and the arrest of her alleged kidnapper. erybody knows her. need to do a lot more. This is a criti- I know I am joined by the victim’s Her passion for accuracy in grammar cally important issue. It is the kind of family and friends, the Fresno Police and written composition took her to issue that deserves more attention. I Department, the entire Fresno commu- the University of Alabama where she am pleased to be joined by Senator nity and so many others across the worked as a professor. Margot also DODD in introducing the PREEMIE country in offering my deepest appre- taught English language skills to Pan- Act, which reauthorizes and builds ciation to Mr. Perez for his bravery, his amanians while she and her beloved upon our legislation from 2006. It is quick thinking and his willingness to husband Leonard were living in Pan- supported by the March of Dimes, put himself in harm’s way to protect a ama where he worked for the Depart- American Academy of Pediatrics, child. ment of Defense. Her love of the American Congress of Obstetricians Mr. Perez, like many others in Fres- English language and her commitment and Gynecologists and Association of no and around California, was deeply to scholarship has not only served her Women’s Health, Obstetric and Neo- concerned when he learned the news well over the years but also become an natal Nurses, to name a few. I urge my about the abduction of an 8-year-old unequaled resource for my staff and colleagues to cosponsor this legisla- girl from the front yard of a home in me. Margot provides the final inspec- tion. central Fresno on October 4. tion for every document that is sent Mr. DODD. I thank my colleague. I The next morning, when Mr. Perez from any of my offices. She calmly, am pleased to join my good friend, the noticed a truck outside of his home methodically, and repeatedly teaches senior Senator from Tennessee, in this that matched the description of a vehi- the placement of commas, patiently effort. Five years ago, we stood on this cle of interest reported in the news, he explains when healthcare is one word floor discussing the risks, costs, and decided that time was of the essence or two, and has been known to ask staff toll of premature birth. Following and he had to take action. on more than one occasion, ‘‘Honey, three decades of increases, in 2008, the Without hesitation, Mr. Perez why don’t you just tell me what you Nation achieved the first 2-year decline jumped into his truck and pursued the meant to say.’’ in the preterm birth rate to 12.3 per- suspicious vehicle. At one point during I am very privileged as a United cent. This rate is still too far from the the pursuit, he noticed a young girl in States Senator to work with a team of Healthy People 2010 goal of 7.6 percent the passenger seat, which strengthened highly skilled, capable, and dedicated and our Nation earns only a ‘‘D’’ on the his resolve to track down the vehicle. staff members who are committed to March of Dimes annual prematurity re- After seeing her, he said he had only this great country and the people of port card. According to the National one thought in his mind, ‘‘I’ve got to Nevada, and any measure of excellence Center for Health Statistics, in an av- get that little girl out of there.’’ that we achieve will bear the distinct erage week in Connecticut, 84 babies He bravely pursued the suspect with handprint of Margot Allen. are born preterm. More than half a mil- selfless disregard for his personal safe- It is truly my pleasure and my honor lion babies still are born preterm each ty until he successfully cut off the ve- to recognize the outstanding contribu- year, a serious health problem that hicle, forcing the suspect to stop. tion Margot Allen has made to my or- costs the United States more than $26 Sensing that he was cornered by Mr. ganization and to the people of Nevada billion annually, according to the In- Perez, the suspect pushed the young in the years she has been part of my stitute of Medicine. I believe that the victim out of the car and sped off. Mr. congressional team and to wish her a recent 2-year nationwide decline, albeit Perez immediately tended to the young very blessed and happy birthday. small, is encouraging and this should victim and called 911 so that law en- f be the beginning of a positive trend. forcement officials could continue to The recent developments must be sup- pursue the kidnapper. When the young NATIONAL PREMATURITY ported by access to better health care, girl told Mr. Perez that she was scared, AWARENESS DAY new research and new programs to he assured her that she was out of Mr. ALEXANDER. Mr. President, I lower the risk of preterm birth. harm’s way. would like to speak about the issue of This is why the Senator from Ten- As a result of Mr. Perez’s heroic ac- babies born prematurely, an area Sen- nessee and I have introduced the Pre- tions and the speedy response by hun- ator DODD and I have been working on maturity Research Expansion and Edu- dreds of law enforcement officers from together for many years. November is cation for Mothers Who Deliver Infants multiple jurisdictions, the suspected Prematurity Awareness Month and Early Act. This important bill expands kidnapper was apprehended. Most im- today, November 17, is Prematurity research into the causes and preven- portantly, the young girl has been re- Awareness Day. This year, in the U.S., tion of prematurity and increases edu- united with her mother and her family. approximately 28,000 babies will die be- cation and support services related to I am thankful for Mr. Perez’s altru- fore their first birthday. In Tennessee, prematurity. The March of Dimes has ism and courage. His selfless actions 236 babies are born preterm per week been an important partner through its that led to the rescue of this little girl on average, and, in 2007, 12,256 babies or leadership of a national prematurity represent the best ideals of being a 14.2 percent of all live births were pre- campaign, but they cannot combat this good neighbor, a Good Samaritan and a mature. serious and costly public health crisis responsible member of a community. According to the CDC, babies who alone. The Federal Government must We shall always be grateful for his died from preterm birth-related causes partner with them to increase research heroic deeds on the morning of October accounted for more than 36 percent of on the causes of preterm birth. I hope 5, 2010.∑
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17719 REMEMBERING LOUIS HENKIN Henkin, and we at the Commission on service of Raymond M. Kight, who is ∑ Mr. CARDIN. Mr. President, today I Security and Cooperation in Europe the longest-serving elected sheriff of wish to commemorate the life of Louis join that mourning. Our deepest and Montgomery County. Ray Kight was an Henkin. most sincere condolences and prayers Army veteran when he joined the As chairman of the Commission on go out to his family and friends. He Montgomery County Police Depart- Security and Cooperation in Europe, I shall be missed.∑ ment in 1963. He was sworn in as dep- wish to honor the memory of Professor f uty sheriff in 1967 and was elected sher- iff in 1986. Louis Henkin, known to many as the RECOGNIZING HOWARD father of human rights law, who passed During his tenure, Sheriff Kight COMMUNITY COLLEGE away last month. He was born Eliezer transitioned the office into a modern, Henkin on November 11, 1917, in mod- ∑ Mr. CARDIN. Mr. President, today I professional law enforcement agency. ern-day Belarus. He was the son of recognize the 40th anniversary of How- In addition to the traditional role in Rabbi Yosef Eliyahu Henkin, an au- ard Community College in Howard the service of legal process, protecting thority in Jewish law. Louis, as he County, MD. In 1970, Howard Commu- the courts, transporting prisoners and later became known, came to the nity College began with 1 building and apprehending fugitives, the Sheriff’s United States at the age of five in 1923. 600 students in the planned community Office now provides responsive services By 1940, Louis had obtained his law de- of Columbia. Since then, Howard Com- to the community, including a family gree from Harvard University after re- munity College has grown into a law unit that provides immediate law ceiving his undergraduate degree from sprawling campus and cultural magnet enforcement and social service inter- Yeshiva University. that draws nearly one out of every four vention in domestic violence situa- Much can be said about Mr. Henkin’s Howard County high school graduates tions. Sheriff Kight was part of the contributions to our Nation. As a civil to its classrooms. strategic planning responsible for de- In fiscal year 2010, Howard Commu- servant, Mr. Henkin worked as law signing and implementing the inter- nity College enrolled more than 12,851 clerk for two of the sharpest American agency Montgomery County Family credit students and 16,780 noncredit legal minds, Judge Learned Hand of the Justice Center, which opened in May, continuing education students. Nearly U.S. Court of Appeals and, later, for 2009, and has since served over 2,000 do- 30 percent of its faculty has doctorates Supreme Court Justice Felix Frank- mestic violence victims. and the community is able to choose furter. Louis also served in World War Under Sheriff Kight’s administration, II. He earned a Silver Star, the third from more than 7,056 classes each year. The Howard Community College ad- the Montgomery County Sheriff’s Of- highest military decoration that can be fice became the first Sheriff’s Office in awarded, for his role in negotiating the ministration works closely with the Maryland to be nationally accredited surrender of 78 German soldiers to his business community and county gov- by the Commission on Accreditation 13-man artillery observation unit. ernment to ensure that the college’s These accomplishments notwith- courses are preparing students for ca- for Law Enforcement Agencies, standing, it has been Mr. Henkin’s un- reers and/or educational advancement CALEA. Sheriff Kight has also brought questionable devotion to the cause of in areas that will result in employment professionalism and recognition to the human rights which prompts me to and respond to business needs. For ex- office by requiring uniforms for all dep- speak in his memory. It would not be ample, in response to the national uties, marked Sheriff’s office vehicles, an overstatement to say that Mr. nursing shortage, Howard Community and standardized training. He estab- Henkin is a pillar in the field of human College has developed a nursing pro- lished the Sheriff’s Office SWAT team, rights. From 1948 to 1956 Mr. Henkin gram with a reputation for excellence— K–9 explosive detection teams, and hos- worked for the State Department’s 90 percent of last year’s nursing stu- tage negotiators. These units are de- United Nations Bureau and its Office of dents passed the licensing exam on the ployed throughout Montgomery Coun- European Regional Affairs. He is con- first try. ty in cooperation with the Mont- sidered one of the architects of the 1951 The Horowitz Visual and Performing gomery County Police Department. United Nations Refugee Convention, Arts Center, which opened in 2006, has The sheriff’s deputies maintain part- where the defining terms of what it added a community cultural dimension nerships and serve in major regional means to be a refugee and the inter- to the college by offering three per- Federal, State, and county law enforce- national community’s responsibility in formance venues, two dance studios, ment task forces, including the U.S. providing asylum to these individuals and instructional space for art and Marshal Service’s Capitol Area Re- were set forth. At Columbia Univer- music classes. The Children’s Learning gional Fugitive Task Force, CARFTF, sity, Professor Henkin helped establish Center serves as a child care center as as well as the Firearms and Gang Task the Center for the Study of Human well as a lab school for students in the Forces. Rights in 1978 and created the Human Early Childhood Development Pro- I ask my colleagues to join me in sa- Rights Institute 20 years later. Mr. gram, an important resource for work- luting Sheriff Raymond Kight for his 50 Henkin was also a founder of the Law- ing parents. years of public service. I ask you to yers’ Committee for Human Rights, Howard Community College can be join me in thanking him for his dedica- which we know now as Human Rights proud of its rapid growth and its out- tion to the safety of the residents of First. As a mentor, his influence has standing reputation. The college offers Montgomery County, MD, and in send- been felt by generations of legal schol- an important resource to the commu- ing him best wishes for a well-deserved ars, including Supreme Court Justices nity and works hard to deliver on its retirement.∑ Ruth Bader Ginsburg, Anthony Ken- pledge: ‘‘You Can Get There From f nedy, Stephen Breyer, and Sonia Here.’’ REMEMBERING CLINT STENNETT Sotomayor. Our colleague on the Hel- I hope my colleagues will join me in sinki Commission, Assistant Secretary congratulating Howard Community ∑ Mr. CRAPO. Mr. President, today I of State Michael Posner, is a prote´ge´ of College on its success and join me in honor the life of Clint Stennett. I join Professor Henkin. wishing President Kathleen B. Clint’s wife Michelle, his family and Mr. Henkin was a prolific legal schol- Hetherington, the Board of Trustees, friends in mourning his loss and hon- ar. He published more than a dozen and the Howard County community oring his distinguished life. There is books on the Constitution, inter- continued success in educating stu- deep sadness associated with the pass- national law, and human rights. His dents.∑ ing of Clint Stennett, who was a good scholarship has helped inform and f friend and dedicated associate. shape the United States ratification of Clint Stennett had numerous accom- the Chemical Weapons Convention. TRIBUTE TO RAYMOND M. KIGHT plishments in his life that was cut off The international human rights com- ∑ Mr. CARDIN. Mr. President, today I far too short. Clint knew the meaning munity mourns the loss of Louis recognize the outstanding career and of hard work, and he made great use of
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17720 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 his sense for business. Clint grew up in in 1922 and took his first job as a pay- most clearly felt at his alma mater, Idaho and graduated from Idaho State roll clerk for his stepfather’s business Columbia. University, where he served as student when he was just 10. From a very early Throughout his life, John donated body president. He worked for the age, John was driven to make the most substantial sums of money to Colum- Idaho Statesman selling advertising. of the educational opportunities avail- bia, primarily to fund scholarships for He later went to work as a publisher able to him. During his teenage years, underprivileged and minority students. for the Wood River Journal, and he when his stepfather asked him to drop But in 2007, John surprised everyone served as president of a company that out of school so he could work full time when he pledged that, upon his death, owned various Idaho television sta- at the family business, John instead the university would receive a gift of tions. He also had multiple Idaho opted to leave home and live with his $400 million from his estate. To provide ranches. Clint served in the Idaho typing teacher so he could continue his a sense of scale here, that single gift is State House of Representatives for 4 education. the largest Columbia has ever received, years before he began serving in the That decision ultimately paid off. and by far the largest ever given to an State senate in 1994, where he rep- During his high school years, John institution of higher learning specifi- resented Blaine, Camas, Gooding, and worked extremely hard to get good cally to help students afford tuition. Lincoln Counties. For a decade, he also grades and eventually won a scholar- And that is exactly the way I think served as former Democratic minority ship to college, later graduating from John would have wanted to be remem- leader for the Idaho State Senate. Columbia University with a degree in bered as an individual who used his Clint always kept his mind and heart economics. good fortune to make sure others open as he worked hard for Idahoans. In the 1950s, following a brief stint would be able to benefit from the same Clint was a principled, considerate and working for a Michigan paper company opportunities he had growing up. As devoted leader. With an unequalled and several years of service in the U.S. someone who worked to ensure that dedication, he had a love for natural Army during World War II, John start- bright, hard working students from resources, agricultural efforts and the ed purchasing radio stations through- low-income families who were accepted beauty of the State. Clint was a suc- out the country. By the time he found- to one of the country’s most pres- cessful, hard-working and fair business- ed Metromedia, the country’s first tigious universities would be able to man. He loved his family very much, major independent broadcasting com- make the most of their college edu- and he will be remembered as a loving pany, in 1961, he had already made a cations. As someone who gave back to husband and brother. small fortune from his radio stations the people and institutions that helped My condolences and heart-felt pray- and a regional food distribution busi- make his meteoric rise in the cor- ers go out to his wife Michelle, his ex- ness he founded in Baltimore. When he porate world possible. For my part, I will certainly remem- tended family, friends and loved ones. sold Metromedia two decades later, ber John Kluge for his uncanny busi- Clint Stennett will be greatly missed, John increased his net worth even ness acumen and singular dedication to and his immense contribution to the more substantially, making nearly $4.7 philanthropy. But at the end of the ∑ billion in the process. State of Idaho will not be forgotten. day, I will also recall John as a won- f Clearly, it would have been incred- ibly easy for John to have simply derful, dear friend who was always a pleasure to be around. REMEMBERING JOHN W. KLUGE taken his money ‘‘. . . and joined the You see, in spite of everything, John ∑ Mr. DODD. Mr. President, today I country club and gotten into this pat- never let his wealth or position in life wish to pay tribute to John Kluge, a tern of complaining about the world get to his head. During the time that I very close friend of mine who passed and about the tax law,’’ as he once put knew him, John was always an ex- away on September 7, 2010, at the age it in an interview for the New York tremely kind, good-natured, and genu- of 95. I would also like to take this op- Times. But John Kluge never had any inely fun person. He was always acces- portunity to express my heartfelt con- desire to spend the rest of his life sit- sible and easy to talk to, and I will dolences to his wife Maria; his children ting around and frittering away his miss his company immensely. John and Samantha; and his step- wealth. He placed a tremendous And so it is with a heavy heart that children Joseph, Diane, Jeannette, and amount of value on a hard, honest I rise today to say goodbye to such a Peter. For all of us who had the privi- day’s work. And it was the sense of ful- special individual. Once again, I would lege of getting to know him, this is a fillment he derived from his own work like to extend my sincere condolences tremendous loss. that ultimately served as the driving to his loving family and to all those in- It is no exaggeration to say that force behind his numerous accomplish- dividuals who, like me, were so lucky John led a truly remarkable life. Hav- ments. to have John in their lives.∑ ing made a substantial fortune from a Indeed, John Kluge was the consum- f communications empire that included mate workhorse. More inclined to everything from television and radio avoid the trappings of fame and rec- TRIBUTE TO COLONEL RICHARD stations to mobile phones and the Har- ognition than many contemporary cor- ROOT lem Globetrotters, John regularly porate executives, John never retained ∑ Mr. DODD. Mr. President, today I graced Forbes magazine’s annual list of a public relations staff. He was content recognize the accomplishments of Colo- the 400 wealthiest Americans. to work behind the scenes, building his nel Richard Root, of the U.S. Army, But John was not born with the pro- telecommunications empire and ce- who was recently promoted from the verbial ‘‘silver spoon’’ in his mouth. He menting his position as one of Amer- rank of lieutenant colonel. Until his re- didn’t inherit his wealth. John Kluge ica’s most gifted business strategists cent transfer to the highly competitive built his company, Metromedia, on his with little fanfare. Senior Service College, Colonel Root own, through nothing more than hard But John was much more than a tal- worked for more than 3 years in the work, spot-on business instincts and, ented entrepreneur who rose from hum- Army’s Legislative Affairs Office as a as John himself often freely admitted, ble beginnings to strike it rich. In Senate liaison officer. I had the pleas- a little bit of good luck. large part, I believe, because he was ure of working with Colonel Root fre- Indeed, John’s life reads like a pitch- not born into a life of privilege, John quently during that time, and was perfect version of a classic American was absolutely committed to putting therefore proud to be able to join my success story—a potent reminder of his largesse to work for others. He was colleague and good friend Senator what individuals can accomplish with a prolific philanthropist, and among CORKER in hosting his promotion cere- dedication, tenacity, and a healthy the many worthy causes and organiza- mony in the Capitol. I would like to ex- dose of self-confidence and optimism. tions that benefitted from his gen- tend my sincere congratulations to Born in Chemnitz, Germany, in 1914, erosity over the years, the presence of Colonel Root and his family for this John moved with his family to Detroit John’s contributions can probably be well-deserved recognition.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17721 For more than 21 years, including 3 day, October 24, featuring a proclama- of Arkansas before it was founded in in combat, Colonel Root has been faith- tion by Springdale mayor Doug Fayetteville in 1871. fully serving our Nation as a member Sprouse and family activities including Generation after generation, the of the Armed Forces. Beginning in 1989, children’s crafts and games, pumpkin West family has dedicated itself to be- when he was commissioned as a field painting, live music, birthday cake, coming a successful Arkansas farming artillery lieutenant, Colonel Root’s as- and ice cream. The event will be open operation. Current owner and operator signments have taken him around the to the community free of charge, in- Randy West has lived and worked on country and the world, including sev- cluding access to all swimming pools the farm his whole life, just as his fa- eral deployments during Operation and the ice skating rink. ther, grandfather and great grand- Desert Storm in 1991 and, more re- The Jones Center opened in 1995 as a father did before him. He has com- cently, during Operation Iraqi Free- gift to the community from the late mitted his life to improving the farm’s dom. Throughout his more than two Mrs. Bernice Young Jones, wife of Har- profitability, sustainability and effi- decades in the Army, Colonel Root has vey Jones, founder of the Jones Truck ciency while raising a family with the been recognized on a number of occa- Lines. According to its mission state- lessons and values of rural living. sions for his superior service and valor, ment, the center is proud to provide a Randy and his wife Cheryl work to- receiving, among other decorations, place where ‘‘all are welcome’’ in the gether on the farm as they operate a the Bronze Star, Purple Heart, Meri- heart of northwest Arkansas. In keep- Bermuda grass hay business that pro- torious Service Medal, Army Com- ing with Mrs. Jones’ wish that no one duces between 50,000 and 70,000 square mendation Medal, Army Achievement be turned away, the center offers facili- bales annually on the farm’s 455 total Medal, Air Assault Badge, Army Staff ties and services at minimal or no cost acres. They also run a poultry oper- Badge, and Combat Action Badge. to everyone regardless of age, race, ation consisting of three broiler Most recently, in his role as a liaison gender, religion, or economic status. houses. officer to the U.S. Senate, Colonel Root Under the leadership of Rick In 1991, the farm was recognized as once again distinguished himself, de- McCullough, executive director, the the Washington County Farm Family veloping outstanding relationships Jones Center welcomes more than 1 of the Year and the Northwest District Farm Family of the Year. In 2003, the with Senators and staff members alike. million visitors per year, with an oper- farm was recognized by Tyson Foods as During his 3 years of service in the Of- ating budget of $2.4 million. Programs one of five national Environmental fice of Legislative Affairs, Colonel and amenities at the center include an Stewardship Award winners for its Root escorted 40 congressional and ice rink, junior Olympic competition commitment to best management prac- staff delegations, accompanying Mem- swimming pool, fun pool with slide, fit- tices. Tyson Foods continually uses the bers to more than 50 countries, includ- ness room, a chapel/auditorium, a com- farm as a model for environmental ing active combat theaters. puter center, and numerous other I myself travelled with Colonel Root stewardship. meeting rooms, playgrounds, and ath- on a number of occasions during his A lot has changed in Prairie Grove letic courts. time in the Senate, and was always ex- and in northwest Arkansas over the I have visited the Jones Center often, tremely impressed by his close atten- past 150 years, but the West Family and I commend the staff and volunteers tion to detail, flexibility, and unflinch- Farm remains a constant. From the for their efforts to better their commu- ing dedication to his work. I know time Robert J. West founded the farm nity and provide recreational and so- many of my colleagues felt the same on the dawn of the Civil War, through cial opportunities in a safe, modern fa- way, and it is therefore no surprise the great depression in the 1930s, to the cility. I salute the entire Springdale that Colonel Root was often requested modern age of agriculture in the 2000s, community as they celebrate the 15th by name to help assist in the planning the West Farm has withstood the test anniversary of this unique gathering and coordination of congressional fact- of time and has remained committed to place in the heart of northwest Arkan- preserving the farming way of life. finding and oversight delegations. ∑ And so, once again, it is a great sas. Arkansas’s farm families are critical honor to be able to congratulate Colo- f to our nation’s economic stability. We nel Root today on this seminal RECOGNIZING THE WEST FAMILY must work to continue the farm family achievement. His unwavering commit- tradition, so families such as the West ∑ Mrs. LINCOLN. Mr. President, today ment to serving his country as a pro- Family are able to maintain their live- I recognize the West Family of Prairie fessional soldier in the Army is truly lihoods and continue to help provide Grove as they celebrate 150 years in Ar- laudable, and I would like to extend my the safe, abundant, and affordable food sincere thanks to him for his years of kansas farming. I commend them for supply that feeds our own country and service. Colonel Root, and all of the achieving this significant milestone. the world and that is essential to our men and women of our Armed Forces, As a seventh-generation Arkansan and own economic stability. I salute the are an indispensable asset to this coun- farmer’s daughter, and as chairman of West Family and all Arkansas farm try, and I hope my colleagues will join the Senate Agriculture Committee, I families for their hard work and dedi- me today in honoring this top-notch understand firsthand and appreciate cation. ∑ the hard work and contributions of our soldier and dear friend, and wonderful f human being.∑ farm families. I am proud to share the story of the West Family Farm with EUREKA SPRINGS, ARKANSAS f you today. ∑ Mrs. LINCOLN. Mr. President, today 15TH ANNIVERSARY OF THE JONES One hundred and fifty years ago, I recognize the city of Eureka Springs CENTER Robert J. West homesteaded land two in my home State of Arkansas as local ∑ Mrs. LINCOLN. Mr. President, today miles north of Prairie Grove, AR, in a residents celebrate two major awards I commemorate the 15th anniversary of community called Viney Grove after for their community. the opening of the Jones Center For moving to Arkansas from Tennessee in The American Planning Association Families in my home State of Arkan- 1860. recently designated Spring Street in sas. The Jones Center, located in On December 7, 1862, the family Eureka Springs as one of the 10 Great Springdale, is a 220,000 square foot fa- watched from the hilltop of their farm Streets for 2010 under the organiza- cility that provides educational, rec- as the Battle of Prairie Grove played tion’s Great Places in America pro- reational, health, and community pro- out in the valley less than a mile away. gram. According to the association, grams and various services to individ- Union soldiers used their home as a Spring Street exemplifies ‘‘exceptional uals and families across northwest Ar- make-shift hospital following the character in a community of lasting kansas. bloody battle. Historical records indi- value.’’ The street was singled out for The center will celebrate its 15th cate that the West Farm was even con- its originality and unique characteris- birthday with a public festival on Sun- sidered as a location for the University tics.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17722 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 Eureka Springs was also recognized strength, courage, and faith of early Betty’s service to her community ex- nationally as a 2010 Top 25 Arts Des- African-American leaders. tended far beyond her duties as a legis- tination by American Style Magazine. Today, St. John A.M.E. Church re- lative aide. As an expert on Selma his- This is the sixth year the community mains a focal point in Omaha, NE; as tory, Betty was instrumental in the ef- has received this honor, which recog- the congregation continues a 145-year fort to restore Cahawba, Alabama’s nizes public support for artists, arts in- tradition of ministering to the spir- first capital. She also worked to revi- stitutions, galleries and festivals, and itual, intellectual, physical, emotional talize Selma’s Water Avenue, one of the contribution of the arts to the and environmental needs of the north the Nation’s most historic riverfront local community. Omaha community.∑ streets. A true civic leader, Betty I salute the residents of Eureka f served on the Alabama Sheriffs’ Boys Ranch Advisory Committee and as a Springs for their efforts to maintain TRIBUTE TO BETTY RIVES ALLEN member of the board of directors of the the heritage, culture, and history of CALLAWAY their community. I have been proud to Selma-Dallas County United Way. She ∑ visit Eureka Springs and Spring Mr. SHELBY. Mr. President, today I was also the first woman named to the Street, and I join all my fellow Arkan- wish to pay tribute to my good friend, Selma-Dallas County Chamber of Com- sans to express our pride in this jewel Betty Rives Allen Callaway, whom I merce’s board of directors. of our State.∑ have known for many years. In 1997, Betty moved from Selma to Betty was born January 17, 1928, in Point Clear. However, in May, her life- f Selma, AL, to Carolyn Young and long friends from Selma were glad to RECOGNIZING MCGEHEE CHAMBER Vickers Rives Allen. Raised in Old see her return home to live. Today, HONOREES Town, Betty attended Byrd Elemen- Betty enjoys spending time with her ∑ Mrs. LINCOLN. Mr. President, today tary School, Selma Junior High son, Johnny, and daughter-in-law, Te- I recognize McGehee residents and School, and later, Albert G. Parrish resa, as well as with her six grand- their families who were recently hon- High School. As a young woman in children, Caroline, Allen, Ben, Michael, ored by the McGehee Chamber of Com- Selma, Betty quickly became a fixture Rachel Holt, and Clare. in the community by donating her merce for their outstanding efforts for I wish Betty much luck on the next time and energy to various civic their community. Honorees are: phase of her life, and I ask this entire causes. Man of the Year: Mr. Jim Daniels. Senate to join me in recognizing and In 1943, while Betty was a student at Woman of the Year: Ms. Cindy honoring the life and career of my good Selma Junior High School, the United friend Betty Callaway.∑ Smith. States was in the midst of World War f Volunteer of the Year: JW Lehman II. In towns across America, civilians Community Service Award, Ms. Helen were mobilizing scrap drives to collect REMEMBERING ELISEO ‘‘CHEO’’ Linn Conway. metal for war material. Betty, taking LOPEZ Business of the Year: Delta Pest Con- an active role in Selma’s drive, secured ∑ Mr. UDALL of New Mexico. Mr. trol, Bill and Doris Lawrence. the gift of the old Cahaba Bridge from President, for many of those who expe- Educator of the Year: Ms. Yogi Den- Dallas County, a locomotive and track rienced it, the Bataan Death March ton, McGehee High School. from the local railroad, and old buses marked the end of lives that made up Desha County Farm Family: Norris from Clarence Agee Bus Company. in courage what they lacked in length. and Jamie Sims. Her success in the scrap metal drive For Eliseo ‘‘Cheo’’ Lopez a native of Mr. President, we should all embrace earned her the privilege of being se- Springer, NM, this atrocity was only the spirit of service and volunteerism lected to travel to Mobile to christen the beginning of a life lived to the full- on display by these deserving individ- the William C. Gorgas, a Liberty Ship est. That life ended on November 11 uals. I send my heartfelt congratula- named by the students at Selma Junior after 92 years. Fittingly, November 11 tions to the entire McGehee commu- High School. The trip was memorable is Veterans Day, a day where our Na- ∑ nity. for Betty, as she once recalled chris- tion pauses to honor and remember the f tening the ship, ‘‘[E]xcept it took me veterans who sacrificed so much to ST. JOHN AFRICAN METHODIST more than once to smash the bottle of keep our country safe. EPISCOPAL CHURCH champagne.’’ The brave Americans who fought at Following her graduation from Al- Bataan were heroes in a story that was ∑ Mr. NELSON of Nebraska. Mr. Presi- bert G. Parrish High School, Betty em- central to the broader story of Allied dent, today I pay tribute to a historic barked on her professional career. Her victory in World War II. It is a story church in Omaha, NE, which celebrated penchant for business and sense of too few Americans know. The soldiers its 145th anniversary on November 13, style quickly earned her a position in who fought at Bataan helped slow the 2010. St. John African Methodist Epis- Louise Martindale’s dress shop. As a Japanese advance at the beginning of copal—A.M.E.—Church was founded in self-described ‘‘conscientious mother the war in Asia, which would eventu- 1865 and continues to host a thriving and housewife,’’ Betty proved to be ally give Allied troops the time to reor- congregation in north Omaha’s minor- more than capable of balancing her ganize and reverse Japan’s progress. ity community. home and her work. While raising her Thanks to the heroism of these troops, The current church structure is list- three sons, Johnny, Vick, and Jimmy, America was able to recover from ed on the National Register of Historic Betty also worked as a receptionist in Pearl Harbor and take the fight to the Places, having been designed by Clar- several local offices and businesses, Axis powers in Asia and the Pacific Is- ence W. Wigington, who grew up in and later served as the social editor at lands, leading to V-J day in 1945. Omaha, becoming Nebraska’s first Afri- the Selma Times-Journal. When the troops in Bataan were fi- can-American architect. He later went In 1970, Betty began her career as an nally forced to surrender, they faced on to become the first municipal Afri- aide to some of Alabama’s political fig- inhumane conditions and atrocities at can-American architect in the United ures, including U.S. Representatives the hands of their captors. By the time States. Bill Nichols, Walter Flowers, and Earl they were rescued, toward the end of St. John A.M.E. Church was orga- Hilliard. Betty also served with dis- the war, half of New Mexico’s 1,800 sol- nized at the end of the Civil War, 2 tinction for 8 years in my office during diers had died. Another 300 would die years before Nebraska became a State. my time in the U.S. House of Rep- within a year of returning to the U.S. This institution endured challenging resentatives. As a member of my staff, as a result of complications related to times of racial bigotry and hatred, Betty helped countless Alabamians their captivity. Mr. Lopez was forced which were unfortunately widespread navigate Federal bureaucracy, many to work in copper mines as a slave la- across America at the time. Maintain- times going above and beyond her call borer and spent time in several Japa- ing the church’s presence required the of duty. nese prison camps until he was rescued
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in September 1945 nearly 31⁄2 years after The message further announced that H.R. 6387. An act to designate the facility he was captured. He was part of a the House has agreed to the following of the United States Postal Service located brotherhood of troops belonging to the concurrent resolution, in which it re- at 337 West Clark Street in Eureka, Cali- 515th Coast Artillery Unit, of whom quests the concurrence of the Senate: fornia, as the ‘‘Sam Sacco Post Office Build- ing’’. only 69 are known to still be living. H. Con. Res. 328. Concurrent resolution ex- H.R. 6399. An act to improve certain ad- The 515th, and all who fought in Ba- pressing the sense of the Congress regarding ministrative operations of the Office of the taan, played a crucial role in our coun- the successful and substantial contributions Architect of the Capitol, and for other pur- try’s history, showing valor that I be- of the amendments to the patent and trade- poses. lieve is deserving of a Congressional mark laws that were initially enacted in 1980 by Public Law 96–517 (commonly referred to The message further announced that Gold Medal. as the ‘‘Bayh-Dole Act’’) on the occasion of the House has passed the following bill When he returned to New Mexico, Mr. the 30th anniversary of its enactment. and joint resolution, without amend- Lopez went to work for a bank in his The message also announced that the ment: hometown of Springer. He later left the House has passed the following bill S. 3567. An act to designate the facility of bank for a job with a manufacturing with amendments, in which it requests the United States Postal Service located at company in California, where he the concurrence of the Senate: 100 Broadway in Lynbrook, New York, as the worked for more than 30 years. In 2003, ‘‘Navy Corpsman Jeffry L. Wiener Post Of- S. 3689. An act to clarify, improve, and cor- fice Building’’. Mr. Lopez was recognized as Alabama rect the laws relating to copyrights. Ex-POW Veteran of the Year by the S. J. Res. 40. Joint resolution appointing The message further announced that National Veterans Day Organization of the day for the convening of the first session the House has agreed to the amend- Birmingham, AL. of the One Hundred Twelfth Congress. ment of the Senate to the bill (H.R. Mr. Lopez leaves behind his wife 5566) to amend title 18, United States At 6:57 p.m., a message from the Katherine Young, who was raised in Code, to prohibit interstate commerce House of Representatives, delivered by Las Vegas, NM, along with two daugh- in animal crush videos, and for other Mrs. Cole, one of its reading clerks, an- ters, two grandchildren, a brother, and purposes, with an amendment, in which nounced that the House has agreed to two sisters. He will be buried with full it requests the concurrence of the Sen- the following concurrent resolution, in military honors this week at Santa Fe ate. which it requests the concurrence of National Cemetery. The message also announced that the Senate: Today, the town of Springer and all pursuant to Section 1002 of the Intel- of New Mexico mourn a dear friend and H. Con. Res. 332. Concurrent resolution ligence Authorization Act for Fiscal providing for a conditional adjournment of America marks the passing of a true Year 2003 (Public Law 107–306) as the House of Representatives and a condi- hero. I wish to honor Mr. Lopez’s mem- amended by section 701(a)(3) of the In- tional recess or adjournment of the Senate. ory. It will live on in the hearts of all telligence Authorization Act for Fiscal The message also announced that the who knew him.∑ Year 2010 (Public Law 111–259), and the House having proceeded to reconsider f other of the House of January 6, 2009, the bill (H.R. 3808) to require any Fed- MESSAGES FROM THE PRESIDENT the Speaker appointed the following eral or State court to recognize any no- Messages from the President of the member on the part of the House of tarization made by a notary public li- United States were communicated to Representatives to the National Com- censed by a State other than the State the Senate by Mr. Pate, one of his sec- mission for the Review of the Research where the court is located when such retaries. and Development Programs of the notarization occurs in or affects inter- United States Intelligence Community: state commerce, returned by the Presi- f Mr. Maurice Sonnenberg of New York, dent of the United States with his ob- EXECUTIVE MESSAGES REFERRED NY. jections, to the House of Representa- As in executive session the Presiding tives, in which it originated, it was re- At 12:28 p.m., a message from the Officer laid before the Senate messages solved, that the said bill do not pass, House of Representatives, delivered by from the President of the United two-thirds of the House of Representa- Mrs. Cole, one of its reading clerks, an- States submitting sundry nominations tives not agreeing to pass the same. nounced that the House has passed the and a withdrawal which were referred f following bills, in which it requests the to the appropriate committees. concurrence of the Senate: MEASURES REFERRED (The nominations received today are printed at the end of the Senate pro- H.R. 5367. An act to amend title 11, District The following bills were read the first of Columbia Official Code, to revise certain ceedings.) and the second times by unanimous administrative authorities of the District of consent, and referred as indicated: f Columbia courts, to authorize the District of H.R. 5367. An act to amend title 11, District MESSAGES FROM THE HOUSE Columbia Public Defender Service to provide professional liability insurance for officers of Columbia Official Code, to revise certain At 9:36 a.m., a message from the and employees of the Service for claims re- administrative authorities of the District of House of Representatives, delivered by lating to services furnished within the scope Columbia courts, to authorize the District of of employment with the service, and for Columbia Public Defender Service to provide Mr. Novotny, one of its reading clerks, professional liability insurance for officers announced that the House has passed other purposes. H.R. 5655. An act to designate the Little and employees of the Service for claims re- the following bills, in which it requests River Branch facility of the United States lating to services furnished within the scope the concurrence of the Senate: Postal Service located at 140 NE 84th Street of employment with the Service, and for H.R. 6397. An act to amend section in Miami, Florida, as the ‘‘Jesse J. McCrary, other purposes; to the Committee on Home- 101(a)(35) of the Immigration and Nationality Jr. Post Office’’. land Security and Governmental Affairs. Act to provide for a marriage for which the H.R. 5702. An act to amend the District of H.R. 5655. An act to designate the Little parties are not physically in the presence of Columbia Home Rule Act to reduce the wait- River Branch facility of the United States each other due to service abroad in the ing period for holding special elections to fill Postal Service located at 140 NE 84th Street Armed Forces of the United States. vacancies in local offices in the District of in Miami, Florida, as the ‘‘Jesse J. McCrary, The message also announced that the Columbia. Jr. Post Office’’; to the Committee on Home- H.R. 6237. An act to designate the facility land Security and Governmental Affairs. House has passed the following bill, of the United States Postal Service located H.R. 5702. An act to amend the District of without amendment: at 1351 2nd Street in Napa, California, as the Columbia Home Rule Act to reduce the wait- S. 1376. An act to restore immunization ‘‘Tom Kongsgaard Post Office Building’’. ing period for holding special elections to fill and sibling age exemptions for children H.R. 6278. An act to amend the National vacancies in local offices in the District of adopted by United States citizens under the Children’s Island Act of 1995 to expand allow- Columbia; to the Committee on Homeland Hague Convention on Intercountry Adoption able uses for Kingman and Heritage Islands Security and Governmental Affairs. to allow their admission into the United by the District of Columbia, and for other H.R. 6237. An act to designate the facility States. purposes. of the United States Postal Service located
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17724 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 at 1351 2nd Street in Napa, California, as the EC–7768. A communication from the Con- law, a quarterly report entitled, ‘‘Acceptance ‘‘Tom Kongsgaard Post Office Building’’; to gressional Review Coordinator, Animal and of Contributions for Defense Programs, the Committee on Homeland Security and Plant Health Inspection Service, Department Projects, and Activities; Defense Coopera- Governmental Affairs. of Agriculture, transmitting, pursuant to tion Account’’; to the Committee on Armed H.R. 6278. An act to amend the National law, the report of a rule entitled ‘‘Importa- Services. Children’s Island Act of 1995 to expand allow- tion of Mexican Hass Avocados; Additional EC–7778. A communication from the Assist- able uses for Kingman and Heritage Islands Shipping Options’’ (Docket No. APHIS–2008– ant Secretary of the Army (Civil Works), by the District of Columbia, and for other 0016) received in the Office of the President transmitting, pursuant to law, a report rel- purposes; to the Committee on Homeland Se- of the Senate on November 1, 2010; to the ative to the Department’s projects, or sepa- curity and Governmental Affairs. Committee on Agriculture, Nutrition, and rable elements of projects, which have been H.R. 6387. An act to designate the facility Forestry. authorized, but for which no funds have been of the United States Postal Service located EC–7769. A communication from the Assist- obligated for planning, design or construc- at 337 West Clark Street in Eureka, Cali- ant Secretary, Bureau of Political-Military tion during the preceding five full fiscal fornia, as the ‘‘Sam Sacco Post Office Build- Affairs, Department of State, transmitting, years; to the Committee on Armed Services. ing’’; to the Committee on Homeland Secu- pursuant to law, an addendum to a certifi- EC–7779. A communication from the Under rity and Governmental Affairs. cation, transmittal number: DDTC 10–096, of Secretary of Defense (Acquisition, Tech- H.R. 6399. An act to improve certain ad- the proposed sale or export of defense arti- nology, and Logistics), transmitting, pursu- ministrative operations of the Office of the cles, including technical data, and defense ant to law, a report relative to the full life- Architect of the Capitol, and for other pur- services to a Middle East country regarding cycle costs of munitions; to the Committee poses; to the Committee on Rules and Ad- any possible effects such a sale might have on Armed Services. ministration. relating to Israel’s Qualitative Military Edge EC–7780. A communication from the Under The following concurrent resolution over military threats to Israel; to the Com- Secretary of Defense (Comptroller), trans- was read, and referred as indicated: mittee on Armed Services. mitting, pursuant to law, a report relative to EC–7770. A communication from the Assist- transfer authorities used in fiscal year 2010; H. Con. Res. 328. Concurrent resolution ex- ant Secretary, Bureau of Political-Military to the Committee on Armed Services. pressing the sense of the Congress regarding Affairs, Department of State, transmitting, EC–7781. A communication from the Under the successful and substantial contributions pursuant to law, an addendum to a certifi- Secretary of Defense (Personnel and Readi- of the amendments to the patent and trade- cation, transmittal number: DDTC 10–104, of ness), transmitting, pursuant to law, a re- mark laws that were initially enacted in 1980 the proposed sale or export of defense arti- port relative to Reserve component equip- by Public Law 96–517 (commonly referred to cles, including technical data, and defense ment delivery; to the Committee on Armed as the ‘‘Bayh-Dole Act’’) on the occasion of services to a Middle East country regarding Services. the 30th anniversary of its enactment; to the any possible effects such a sale might have EC–7782. A communication from the Direc- Committee on the Judiciary. relating to Israel’s Qualitative Military Edge tor of Defense Procurement and Acquisition f over military threats to Israel; to the Com- Policy, Department of Defense, transmit- MEASURES READ THE FIRST TIME mittee on Armed Services. ting, pursuant to law, the report of a rule en- EC–7771. A communication from the Direc- titled ‘‘Defense Federal Acquisition Regula- The following bills were read the first tor of Defense Procurement and Acquisition tion Supplement; Continuation of Essential time: Policy, Department of Defense, transmit- Contractor Services’’ ((RIN0750–AG52) S. 3962. A bill to authorize the cancellation ting, pursuant to law, the report of a rule en- (DFARS Case 2009–D017)) received during ad- of removal and adjustment of status of cer- titled ‘‘Defense Federal Acquisition Regula- journment of the Senate in the Office of the tain alien students who are long-term United tion Supplement; Continuation of Current President of the Senate on October 25, 2010; States residents and who entered the United Contracts—Deletion of Redundant Text’’ to the Committee on Armed Services. States as children and for other purposes. (DFARS Case 2010–D016) received during ad- EC–7783. A communication from the Direc- S. 3963. A bill to authorize the cancellation journment of the Senate in the Office of the tor of Defense Procurement and Acquisition of removal and adjustment of status of cer- President of the Senate on October 27, 2010; Policy, Department of Defense, transmit- tain alien students who are long-term United to the Committee on Armed Services. ting, pursuant to law, the report of a rule en- States residents and who entered the United EC–7772. A communication from the Assist- titled ‘‘Defense Federal Acquisition Regula- States as children and for other purposes. ant Secretary, Legislative Affairs, Depart- tion Supplement; Electronic Subcontracting f ment of State, transmitting, pursuant to Reporting System’’ (DFARS Case 2009–D002) law, a report relative to current military, received during adjournment of the Senate EXECUTIVE AND OTHER diplomatic, political, and economic measures in the Office of the President of the Senate COMMUNICATIONS that are being or have been undertaken; to on October 21, 2010; to the Committee on The following communications were the Committee on Armed Services. Armed Services. EC–7773. A communication from the Sec- EC–7784. A communication from the Presi- laid before the Senate, together with retary of Defense, transmitting a report on dent of the United States, transmitting, pur- accompanying papers, reports, and doc- the approved retirement of General Stephen suant to law, a report relative to the con- uments, and were referred as indicated: R. Lorenz, United States Air Force, and his tinuation of the national emergency relative EC–7765. A communication from the Con- advancement to the grade of general on the to the actions and policies of the Govern- gressional Review Coordinator, Animal and retired list; to the Committee on Armed ment of Sudan as declared in Executive Plant Health Inspection Service, Department Services. Order 13067 of November 3, 1997; to the Com- of Agriculture, transmitting, pursuant to EC–7774. A communication from the Sec- mittee on Banking, Housing, and Urban Af- law, the report of a rule entitled ‘‘Removal retary of Defense, transmitting a report on fairs. of Varietal Restrictions on Apples from the approved retirement of General Roger A. EC–7785. A communication from the Presi- Japan’’ (Docket No. APHIS–2009–0020) re- Brady, United States Air Force, and his ad- dent of the United States, transmitting, pur- ceived during adjournment of the Senate in vancement to the grade of general on the re- suant to law, a report on the continuation of the Office of the President of the Senate on tired list; to the Committee on Armed Serv- the national emergency declared in Execu- October 27, 2010; to the Committee on Agri- ices. tive Order 13413 of October 27, 2006 with re- culture, Nutrition, and Forestry. EC–7775. A communication from the Under spect to blocking the property of persons EC–7766. A communication from the Direc- Secretary of Defense (Personnel and Readi- contributing to the conflict taking place in tor of the Regulatory Review Group, Com- ness), transmitting the report of an officer the Democratic Republic of the Congo; to the modity Credit Corporation, Department of authorized to wear the insignia of the grade Committee on Banking, Housing, and Urban Agriculture, transmitting, pursuant to law, of major general in accordance with title 10, Affairs. the report of a rule entitled ‘‘Biomass Crop United States Code, section 777; to the Com- EC–7786. A communication from the Chair- Assistance Program’’ (RIN0560–AH92) re- mittee on Armed Services. man and President of the Export-Import ceived during adjournment of the Senate in EC–7776. A communication from the Under Bank, transmitting, pursuant to law, a re- the Office of the President of the Senate on Secretary of Defense (Personnel and Readi- port relative to transactions involving U.S. October 27, 2010; to the Committee on Agri- ness), transmitting the report of an officer exports to South Africa; to the Committee culture, Nutrition, and Forestry. authorized to wear the insignia of the grade on Banking, Housing, and Urban Affairs. EC–7767. A communication from the Sec- of rear admiral (lower half) in accordance EC–7787. A communication from the Chair- retary of Agriculture, transmitting, pursu- with title 10, United States Code, section 777; man and President of the Export-Import ant to law, a report relative to (21) vacancies to the Committee on Armed Services. Bank, transmitting, pursuant to law, a re- in the Department of Agriculture; to the EC–7777. A communication from the Under port relative to transactions involving U.S. Committee on Agriculture, Nutrition, and Secretary of Defense (Comptroller), Depart- exports to Spain; to the Committee on Bank- Forestry. ment of Defense, transmitting, pursuant to ing, Housing, and Urban Affairs.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17725 EC–7788. A communication from the Dep- ance Corporation, transmitting, pursuant to EC–7805. A communication from the Assist- uty General Counsel, Office of the General law, the report of a rule entitled ‘‘Commu- ant General Counsel for Legislation, Regula- Counsel, National Credit Union Administra- nity Reinvestment Act Regulations’’ tion and Energy Efficiency, Department of tion, transmitting, pursuant to law, the re- (RIN1557–AD24) received during adjournment Energy, transmitting, pursuant to law, the port of a rule entitled ‘‘The Low-Income Def- of the Senate in the Office of the President report of a rule entitled ‘‘Energy Conserva- inition’’ (RIN3133–AD75) received in the Of- of the Senate on October 21, 2010; to the Com- tion Program for Consumer Products: Test fice of the President of the Senate on Octo- mittee on Banking, Housing, and Urban Af- Procedures for Residential Furnaces and ber 19, 2010; to the Committee on Banking, fairs. Boilers (Standby Mode and Off Mode)’’ Housing, and Urban Affairs. EC–7798. A communication from the Chief (RIN1904–AB89) received during adjournment EC–7789. A communication from the Gen- Counsel, Federal Emergency Management of the Senate in the Office of the President eral Counsel of the National Credit Union Agency, Department of Homeland Security, of the Senate on October 21, 2010; to the Com- Administration, transmitting, pursuant to transmitting, pursuant to law, the report of mittee on Energy and Natural Resources. law, the report of a rule entitled ‘‘Truth in a rule entitled ‘‘Suspension of Community EC–7806. A communication from the Direc- Savings’’ (RIN3133–AD72) received during ad- Eligibility’’ ((44 CFR Part 64) (Internal Agen- tor, Office of Hearings and Appeals, Depart- journment of the Senate in the Office of the cy Docket No. FEMA–8153)) received during ment of the Interior, transmitting, pursuant President of the Senate on October 21, 2010; adjournment of the Senate in the Office of to law, the report of a rule entitled ‘‘Interior to the Committee on Banking, Housing, and the President of the Senate on October 21, Board of Land Appeals and Other Appeals Urban Affairs. 2010; to the Committee on Banking, Housing, Procedures’’ (RIN1094–AA53) received during EC–7790. A communication from the Gen- and Urban Affairs. adjournment of the Senate in the Office of eral Counsel of the National Credit Union EC–7799. A communication from the Chief the President of the Senate on October 27, Administration, transmitting, pursuant to Counsel, Federal Emergency Management 2010; to the Committee on Energy and Nat- Agency, Department of Homeland Security, law, the report of a rule entitled ‘‘Short- ural Resources. transmitting, pursuant to law, the report of Term, Small Amount Loans’’ (RIN3133–AD71) EC–7807. A communication from the Prin- a rule entitled ‘‘Final Flood Elevation Deter- received during adjournment of the Senate cipal Deputy General Counsel, Federal En- minations’’ ((44 CFR Part 67) (Docket No. in the Office of the President of the Senate ergy Regulatory Commission, transmitting, FEMA–2010–0003)) received during adjourn- on October 21, 2010; to the Committee on pursuant to law, the report of a rule entitled ment of the Senate in the Office of the Presi- Banking, Housing, and Urban Affairs. ‘‘Credit Reforms in Organized Wholesale dent of the Senate on October 21, 2010; to the EC–7791. A communication from the Gen- Electric Markets’’ (RIN1902–AD89) received Committee on Banking, Housing, and Urban eral Counsel of the National Credit Union in the Office of the President of the Senate Affairs. Administration, transmitting, pursuant to EC–7800. A communication from the Dep- on October 29, 2010; to the Committee on En- law, the report of a rule entitled ‘‘Secondary uty Assistant Secretary for Export Adminis- ergy and Natural Resources. Capital Accounts’’ (RIN3133–AD67) received tration, Bureau of Industry and Security, EC–7808. A communication from the Dep- during adjournment of the Senate in the Of- Department of Commerce, transmitting, pur- uty Assistant Secretary, Bureau of Land fice of the President of the Senate on Octo- suant to law, the report of a rule entitled Management, Department of the Interior, ber 21, 2010; to the Committee on Banking, ‘‘Additions to the List of Validated End- transmitting, pursuant to law, the report of Housing, and Urban Affairs. Users in the People’s Republic of China: a rule entitled ‘‘Promotion of Development, EC–7792. A communication from the Gen- Hynix Semiconductor China Ltd., Hynix Reduction of Royalty Rates for Stripper Well eral Counsel of the National Credit Union Semiconductor (Wuxi) Ltd. and Lam Re- and Heavy Oil Properties’’ (RIN1004–AE04) Administration, transmitting, pursuant to search Corporation’’ (RIN0694–AE95) received received during adjournment of the Senate law, the report of a rule entitled ‘‘Fixed As- in the Office of the President of the Senate in the Office of the President of the Senate sets, Member Business Loans, and Regu- on October 19, 2010; to the Committee on on October 27, 2010; to the Committee on En- latory Flexibility Program’’ (RIN3133–AD68) Banking, Housing, and Urban Affairs. ergy and Natural Resources. received in the Office of the President of the EC–7801. A communication from the Legal EC–7809. A communication from the Direc- Senate on November 10, 2010; to the Com- Information Assistant, Office of Thrift Su- tor of the Regulatory Management Division, mittee on Banking, Housing, and Urban Af- pervision, Department of the Treasury, Office of Policy, Economics, and Innovation, fairs. transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- EC–7793. A communication from the Gen- a rule entitled ‘‘Definitions for Regulations ting, pursuant to law, the report of a rule en- eral Counsel of the National Credit Union Affecting All Savings Associations; Money titled ‘‘Approval and Promulgation of Air Administration, transmitting, pursuant to Market Deposit Accounts’’ (RIN1550–AC40) Quality Implementation Plans; Illinois; law, the report of a rule entitled ‘‘Prompt received during adjournment of the Senate Volatile Organic Compound Site-Specific Corrective Action; Amended Definition of in the Office of the President of the Senate State Implementation Plan for Abbott Lab- Low-Risk Assets’’ (RIN3133–AD81) received in on October 27, 2010; to the Committee on oratories’’ (FRL No. 9212–8) received during the Office of the President of the Senate on Banking, Housing, and Urban Affairs. adjournment of the Senate in the Office of November 10, 2010; to the Committee on EC–7802. A communication from the Sec- the President of the Senate on November 2, Banking, Housing, and Urban Affairs. retary, Division of Investment Management, 2010; to the Committee on Environment and EC–7794. A communication from the Gen- Securities and Exchange Commission, trans- Public Works. eral Counsel of the National Credit Union mitting, pursuant to law, the report of a rule EC–7810. A communication from the Direc- Administration, transmitting, pursuant to entitled ‘‘Withdrawal of Indexed Annuity tor of the Regulatory Management Division, law, the report of a rule entitled ‘‘Corporate Rule’’ (RIN3235–AK16) received in the Office Office of Policy, Economics, and Innovation, Credit Unions’’ (RIN3133–AD58) received in of the President of the Senate on October 19, Environmental Protection Agency, transmit- the Office of the President of the Senate on 2010; to the Committee on Banking, Housing, ting, pursuant to law, the report of a rule en- November 10, 2010; to the Committee on and Urban Affairs. titled ‘‘Approval and Promulgation of Imple- Banking, Housing, and Urban Affairs. EC–7803. A communication from the Sec- mentation Plans; Albuquerque/Bernalillo EC–7795. A communication from the Asso- retary, Division of Trading and Markets, Se- County, New Mexico; Interstate Transport of ciate Director, Office of Foreign Assets Con- curities and Exchange Commission, trans- Pollution’’ (FRL No. 9221–4) received during trol, Department of the Treasury, transmit- mitting, pursuant to law, the report of a rule adjournment of the Senate in the Office of ting, pursuant to law, the report of a rule en- entitled ‘‘Interim Rule for Reporting Pre-en- the President of the Senate on November 2, titled ‘‘North Korea Sanctions Regulations’’ actment Security Based Swap Transactions’’ 2010; to the Committee on Environment and (31 CFR Part 510) received during adjourn- (RIN3235–AK73) received during adjournment Public Works. ment of the Senate in the Office of the Presi- of the Senate in the Office of the President EC–7811. A communication from the Direc- dent of the Senate on November 2, 2010; to of the Senate on October 17, 2010; to the Com- tor of the Regulatory Management Division, the Committee on Banking, Housing, and mittee on Banking, Housing, and Urban Af- Office of Policy, Economics, and Innovation, Urban Affairs. fairs. Environmental Protection Agency, transmit- EC–7796. A communication from the Gen- EC–7804. A communication from the Asso- ting, pursuant to law, the report of a rule en- eral Counsel of the Federal Housing Finance ciate General Counsel for Legislation and titled ‘‘Change of Addresses for Submission Agency, transmitting, pursuant to law, the Regulations, Office of Public and Indian of Certain Reports; Technical Correction’’ report of a rule entitled ‘‘Equal Access to Housing, Department of Housing and Urban (FRL No. 9221–7) received during adjourn- Justice Act Implementation’’ (RIN2590– Development, transmitting, pursuant to law, ment of the Senate in the Office of the Presi- AA29) received in the Office of the President the report of a rule entitled ‘‘Use of Public dent of the Senate on November 2, 2010; to of the Senate on October 29, 2010; to the Com- Housing Capital Funds for Financing Activi- the Committee on Environment and Public mittee on Banking, Housing, and Urban Af- ties’’ (RIN2577–AC49) received in the Office of Works. fairs. the President of the Senate on October 29, EC–7812. A communication from the Direc- EC–7797. A communication from the Dep- 2010; to the Committee on Banking, Housing, tor of the Regulatory Management Division, uty to the Chairman, Federal Deposit Insur- and Urban Affairs. Office of Policy, Economics, and Innovation,
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17726 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 Environmental Protection Agency, transmit- Rhode Island Area’’ (FRL No. 9215–9) re- EC–7827. A communication from the Chief ting, pursuant to law, the report of a rule en- ceived during adjournment of the Senate in of the Publications and Regulations Branch, titled ‘‘Delegation of National Emission the Office of the President of the Senate on Internal Revenue Service, Department of the Standards for Hazardous Air Pollutants for October 21, 2010; to the Committee on Envi- Treasury, transmitting, pursuant to law, the Source Categories; State of Nevada; Clark ronment and Public Works. report of a rule entitled ‘‘Shoukri Osman County Department of Air Quality and Envi- EC–7819. A communication from the Direc- Saleh Abdel-Fattah v. Commissioner, 134 ronmental Management’’ (FRL No. 9219–5) tor of the Regulatory Management Division, T.C. No. 10’’ (IRB No.: 2010–47) received in the received during adjournment of the Senate Office of Policy, Economics, and Innovation, Office of the President of the Senate on Oc- in the Office of the President of the Senate Environmental Protection Agency, transmit- tober 19, 2010; to the Committee on Finance. on November 2, 2010; to the Committee on ting, pursuant to law, the report of a rule en- EC–7828. A communication from the Chief Environment and Public Works. titled ‘‘Approval and Promulgation of Imple- of the Publications and Regulations Branch, EC–7813. A communication from the Direc- mentation Plans; Illinois; Voluntary Nitro- Internal Revenue Service, Department of the tor of the Regulatory Management Division, gen Oxides Controls’’ (FRL No. 9215–8) re- Treasury, transmitting, pursuant to law, the Office of Policy, Economics, and Innovation, ceived during adjournment of the Senate in report of a rule entitled ‘‘Dyed Diesel Fuel Environmental Protection Agency, transmit- the Office of the President of the Senate on and Kerosene: Nontaxable Use; Alaska’’ (No- ting, pursuant to law, the report of a rule en- October 21, 2010; to the Committee on Envi- tice No. 2010–68) received in the Office of the titled ‘‘Determinations of Attainment by the ronment and Public Works. President of the Senate on October 19, 2010; Applicable Attainment Date for the Hayden, EC–7820. A communication from the Direc- to the Committee on Finance. Nogales, Paul Spur/Douglas PM10 Nonattain- tor of the Regulatory Management Division, EC–7829. A communication from the Chief ment Areas, Arizona’’ (FRL No. 9219–7) re- Office of Policy, Economics, and Innovation, of the Publications and Regulations Branch, ceived during adjournment of the Senate in Environmental Protection Agency, transmit- Internal Revenue Service, Department of the the Office of the President of the Senate on ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the November 2, 2010; to the Committee on Envi- titled ‘‘New Mexico: Final Authorization of report of a rule entitled ‘‘Production Tax ronment and Public Works. State Hazardous Waste Management Pro- Credit for Refined Coal’’ (Notice No. 2010–54) EC–7814. A communication from the Direc- gram Revision’’ (FRL No. 9217–2) received received in the Office of the President of the tor of the Regulatory Management Division, during adjournment of the Senate in the Of- Senate on October 19, 2010; to the Committee Office of Policy, Economics, and Innovation, fice of the President of the Senate on Octo- on Finance. EC–7830. A communication from the Chief Environmental Protection Agency, transmit- ber 21, 2010; to the Committee on Environ- of the Publications and Regulations Branch, ting, pursuant to law, the report of a rule en- ment and Public Works. Internal Revenue Service, Department of the titled ‘‘Direct Final Rule Staying Numeric EC–7821. A communication from the Direc- Treasury, transmitting, pursuant to law, the Limitation for the Construction and Devel- tor of the Regulatory Management Division, report of a rule entitled ‘‘Basis Reporting by opment Point Source Category’’ (FRL No. Office of Policy, Economics, and Innovation, Securities Brokers and Basis Determination 9222–2) received during adjournment of the Environmental Protection Agency, transmit- for Stock’’ (RIN1545–BI66) received in the Of- Senate in the Office of the President of the ting, pursuant to law, the report of a rule en- fice of the President of the Senate on Octo- Senate on November 2, 2010; to the Com- titled ‘‘1-Propene, 2,3,3,3-tetrafluoro-; Sig- ber 19, 2010; to the Committee on Finance. mittee on Environment and Public Works. nificant New Use Rule’’ (FRL No. 8846–8) re- EC–7831. A communication from the Chief EC–7815. A communication from the Direc- ceived during adjournment of the Senate in of the Publications and Regulations Branch, tor of the Regulatory Management Division, the Office of the President of the Senate on Internal Revenue Service, Department of the Office of Policy, Economics, and Innovation, October 27, 2010; to the Committee on Envi- Treasury, transmitting, pursuant to law, the Environmental Protection Agency, transmit- ronment and Public Works. report of a rule entitled ‘‘Hybrid Retirement ting, pursuant to law, the report of a rule en- EC–7822. A communication from the Direc- Plans’’ (RIN1545–BG36) received during ad- titled ‘‘Revisions to In-Use Testing for tor of the Regulatory Management Division, journment of the Senate in the Office of the Heavy-Duty Diesel Engines and Vehicles; Office of Policy, Economics, and Innovation, President of the Senate on October 27, 2010; Emissions Measurement and Instrumenta- Environmental Protection Agency, transmit- to the Committee on Finance. tion; Not-to-Exceed Emission Standards; and ting, the Uniform Resource Locator (URL) EC–7832. A communication from the Chief Technical Amendments for Off-Highway En- for a report entitled ‘‘Guidance on the Plan- of the Publications and Regulations Branch, gines’’ (FRL No. 9220–6) received during ad- ning and Use of Special Accounts Funds’’; to Internal Revenue Service, Department of the journment of the Senate in the Office of the the Committee on Environment and Public Treasury, transmitting, pursuant to law, the President of the Senate on November 2, 2010; Works. report of a rule entitled ‘‘Examination of Re- to the Committee on Environment and Pub- EC–7823. A communication from the Presi- turns and Claims for Refund, Credit, or lic Works. dent of the United States, transmitting, pur- Abatement; Determination of Tax Liability’’ EC–7816. A communication from the Direc- suant to law, notification of the designation (Rev. Proc. 2010–29) received during adjourn- tor of the Regulatory Management Division, of Irving A. Williamson as Vice Chair of the ment of the Senate in the Office of the Presi- Office of Policy, Economics, and Innovation, United States International Trade Commis- dent of the Senate on November 3, 2010; to Environmental Protection Agency, transmit- sion; to the Committee on Finance. the Committee on Finance. ting, pursuant to law, the report of a rule en- EC–7824. A communication from the Chief EC–7833. A communication from the Chief titled ‘‘Approval and Promulgation of Air of the Publications and Regulations Branch, of the Publications and Regulations Branch, Quality Implementation Plans; Ohio; Ohio Internal Revenue Service, Department of the Internal Revenue Service, Department of the Ambient Air Quality Standards’’ (FRL No. Treasury, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the 9209–1) received during adjournment of the report of a rule entitled ‘‘Section 457(b) Un- report of a rule entitled ‘‘Credit for Carbon Senate in the Office of the President of the foreseeable Emergency Guidance’’ (Rev. Rul. Dioxide Sequestration, 2010 Section 45Q In- Senate on October 21, 2010; to the Committee 2010–27) received during adjournment of the flation Adjustment Factor’’ (Notice 2010–75) on Environment and Public Works. Senate in the Office of the President of the received in the Office of the President of the EC–7817. A communication from the Direc- Senate on October 27, 2010; to the Committee Senate on November 10, 2010; to the Com- tor of the Regulatory Management Division, on Finance. mittee on Finance. Office of Policy, Economics, and Innovation, EC–7825. A communication from the Chief EC–7834. A communication from the Chief Environmental Protection Agency, transmit- of the Publications and Regulations Branch, of the Publications and Regulations Branch, ting, pursuant to law, the report of a rule en- Internal Revenue Service, Department of the Internal Revenue Service, Department of the titled ‘‘Approval and Promulgation of Air Treasury, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the Quality Implementation Plans; Ohio; Partic- report of a rule entitled ‘‘Applicable Federal report of a rule entitled ‘‘Inflation Adjusted ulate Matter Standards’’ (FRL No. 9215–2) re- Rates—November 2010’’ (Rev. Rul. 2010–26) re- Items for 2011’’ (Rev. Proc. 2010–40) received ceived during adjournment of the Senate in ceived during adjournment of the Senate in during adjournment of the Senate in the Of- the Office of the President of the Senate on the Office of the President of the Senate on fice of the President of the Senate on No- October 21, 2010; to the Committee on Envi- October 27, 2010; to the Committee on Fi- vember 3, 2010; to the Committee on Finance. ronment and Public Works. nance. EC–7835. A communication from the Chief EC–7818. A communication from the Direc- EC–7826. A communication from the Chief of the Publications and Regulations Branch, tor of the Regulatory Management Division, of the Publications and Regulations Branch, Internal Revenue Service, Department of the Office of Policy, Economics, and Innovation, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Furnishing Identi- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Limitations on fying Number of Tax Return Preparer’’ titled ‘‘Approval and Promulgation of Air Qualified Residence Interest’’ (Rev. Rul. (RIN1545–BI28) received during adjournment Quality Implementation Plans; Rhode Is- 2010–25) received in the Office of the Presi- of the Senate in the Office of the President land; Determination of Attainment of the dent of the Senate on October 19, 2010; to the of the Senate on November 7, 2010; to the 1997 Ozone Standard for the Providence, Committee on Finance. Committee on Finance.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17727 EC–7836. A communication from the Chief EC–7844. A communication from the Chief Office of Postsecondary Education, Depart- of the Publications and Regulations Branch, of the Publications and Regulations Branch, ment of Education, transmitting, pursuant Internal Revenue Service, Department of the Internal Revenue Service, Department of the to law, the report of a rule entitled ‘‘Pro- Treasury, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the gram Integrity Issues’’ (RIN1840–AD02) re- report of a rule entitled ‘‘Update of Weighted report of a rule entitled ‘‘Tribal Economic ceived during adjournment of the Senate in Average Interest Rates, Yield Curves, and Development Bonds—Extension of Deadline the Office of the President of the Senate on Segment Rates’’ (Notice 2010–70) received to Issue Bonds’’ (Announcement 2010–88) re- October 21, 2010; to the Committee on during adjournment of the Senate in the Of- ceived in the Office of the President of the Health, Education, Labor, and Pensions. fice of the President of the Senate on No- Senate on November 10, 2010; to the Com- EC–7854. A communication from the Assist- vember 7, 2010; to the Committee on Finance. mittee on Finance. ant General Counsel for Regulatory Services, EC–7837. A communication from the Chief EC–7845. A communication from the Sec- Office of Postsecondary Education, Depart- of the Trade and Commercial Regulations retary of Education, transmitting, pursuant ment of Education, transmitting, pursuant Branch, Customs and Border Protection, De- to law, the National Advisory Committee’s to law, the report of a rule entitled ‘‘Pro- partment of Homeland Security, transmit- Annual Report on Institutional Quality and gram Integrity: Gainful Employment—New ting, pursuant to law, the report of a rule en- Integrity for Fiscal Year 2010; to the Com- Programs’’ (RIN1840–AD04) received during titled ‘‘Extension of Import Restrictions Im- mittee on Health, Education, Labor, and adjournment of the Senate in the Office of posed on Certain Categories of Archae- Pensions. the President of the Senate on October 27, ological Material From the Pre-Hispanic EC–7846. A communication from the Sec- 2010; to the Committee on Health, Education, Cultures of the Republic of Nicaragua’’ retary of Health and Human Services, trans- Labor, and Pensions. (RIN1515–AD70) received in the Office of the mitting, pursuant to law, a report relative to EC–7855. A communication from the Assist- President of the Senate on October 19, 2010; the Community Services Block Act Discre- ant General Counsel for Regulatory Services, to the Committee on Finance. tionary Activities: Community Economic Office of Postsecondary Education, Depart- EC–7838. A communication from the Assist- Development and Rural Facilities Programs ment of Education, transmitting, pursuant ant Secretary of the Employment and Train- for Fiscal Year 2006; to the Committee on to law, the report of a rule entitled ‘‘Final ing Administration, Department of Labor, Health, Education, Labor, and Pensions. Regulations—Foreign Institutions—Federal transmitting, pursuant to law, the report of EC–7847. A communication from the Sec- Student Aid Program’’ (RIN1840–AD03) re- a rule entitled ‘‘Federal-State Unemploy- retary of Health and Human Services, trans- ceived during adjournment of the Senate in ment Compensation Program; Funding Goals mitting, pursuant to law, a report entitled the Office of the President of the Senate on for Interest-Free Advances’’ (RIN1205–AB53) ‘‘Report to Congress on the Assets for Inde- October 27, 2010; to the Committee on received during adjournment of the Senate pendence Program—Status at the Conclusion Health, Education, Labor, and Pensions. in the Office of the President of the Senate of the Tenth Year’’; to the Committee on EC–7856. A communication from the Dep- on November 7, 2010; to the Committee on Fi- Health, Education, Labor, and Pensions. uty Director for Operations, Legislative and nance. EC–7848. A communication from the Sec- Regulatory Department, Pension Benefit EC–7839. A communication from the Pro- retary of Health and Human Services, trans- Guaranty Corporation, transmitting, pursu- gram Manager, Centers for Medicare and mitting, pursuant to law, the Fiscal Year ant to law, the report of a rule entitled Medicaid Services, Department of Health 2007 Biennial Report on the Status of Chil- ‘‘Benefits Payable in Terminated Single-Em- and Human Services, transmitting, pursuant dren in Head Start Programs; to the Com- ployer Plans; Interest Assumptions for Pay- to law, the report of a rule entitled ‘‘Medi- mittee on Health, Education, Labor, and ing Benefits’’ (29 CFR Part 4022) received care Program; Medicare Part B Monthly Ac- Pensions. tuarial Rates, Premium Rate, and Annual EC–7849. A communication from the Pro- during adjournment of the Senate in the Of- Deductible Beginning January 1, 2011’’ gram Manager, Administration for Children fice of the President of the Senate on Octo- (RIN093–AP81) received in the Office of the and Families, Department of Health and ber 27, 2010; to the Committee on Health, President of the Senate on November 10, Human Services, transmitting, pursuant to Education, Labor, and Pensions. 2010; to the Committee on Finance. law, the report of a rule entitled ‘‘State Sys- EC–7857. A communication from the Presi- EC–7840. A communication from the Pro- tems Advance Planning Document (APD) dent of the United States, transmitting, pur- gram Manager, Centers for Medicare and Process’’ (RIN0970–AC33) received in the Of- suant to law, a report relative to Afghani- Medicaid Services, Department of Health fice of the President of the Senate on Octo- stan and Pakistan; to the Committee on For- and Human Services, transmitting, pursuant ber 29, 2010; to the Committee on Health, eign Relations. to law, the report of a rule entitled ‘‘Medi- Education, Labor, and Pensions. EC–7858. A communication from the Assist- care Program; Part A Premiums for Cal- EC–7850. A communication from the Pro- ant Legal Adviser for Treaty Affairs, Depart- endar Year 2011 for the Uninsured Aged and gram Manager, Health Resources and Serv- ment of State, transmitting, pursuant to the for Certain Disabled Individuals Who Have ices Administration, Department of Health Case—Zablocki Act, 1 U.S.C. 112b, as amend- Exhausted Other Entitlement’’ (RIN0938– and Human Services, transmitting, pursuant ed, the report of the texts and background AP85) received in the Office of the President to law, the report of a rule entitled ‘‘Coun- statements of international agreements, of the Senate on November 10, 2010; to the termeasures Injury Compensation Program other than treaties (List 2010–0160—2010– Committee on Finance. (CICP): Administrative Implementation, In- 0170); to the Committee on Foreign Rela- EC–7841. A communication from the Pro- terim Final Rule’’ (RIN0906–AA83) received tions. gram Manager, Centers for Medicare and during adjournment of the Senate in the Of- EC–7859. A communication from the Assist- Medicaid Services, Department of Health fice of the President of the Senate on Octo- ant Secretary, Legislative Affairs, Depart- and Human Services, transmitting, pursuant ber 21, 2010; to the Committee on Health, ment of State, transmitting, pursuant to to law, the report of a rule entitled ‘‘Medi- Education, Labor, and Pensions. law, a report of the convening of an Account- care Program; Inpatient Hospital Deductible EC–7851. A communication from the Assist- ability Review Board; to the Committee on and Hospital and Extended Care Services Co- ant Secretary, Employee Benefits Security Foreign Relations. insurance Amounts for Calendar Year 2011’’ Administration, Department of Labor, trans- EC–7860. A communication from the Assist- (RIN0938–AP86) received in the Office of the mitting, pursuant to law, the report of a rule ant Secretary, Bureau of Legislative Affairs, President of the Senate on November 10, entitled ‘‘Fiduciary Requirements for Disclo- Department of State, transmitting, pursuant 2010; to the Committee on Finance. sure in Participant-Directed Individual Ac- to law, an annual report relative to the EC–7842. A communication from the Pro- count Plans’’ (RIN1210–AB07) received during United States Participation in the United gram Manager, Centers for Medicare and adjournment of the Senate in the Office of Nations; to the Committee on Foreign Rela- Medicaid Services, Department of Health the President of the Senate on October 21, tions. and Human Services, transmitting, pursuant 2010; to the Committee on Health, Education, EC–7861. A communication from the Acting to law, the report of a rule entitled ‘‘Home Labor, and Pensions. Deputy Assistant Administrator, Bureau for Health Prospective Payment System Rate EC–7852. A communication from the Assist- Legislative and Public Affairs, U.S. Agency Update for Calendar Year 2011’’ (RIN0938– ant General Counsel for Regulatory Services, for International Development (USAID), AP88) received during adjournment of the Office of Elementary and Secondary Edu- transmitting, pursuant to law, the fourth fis- Senate in the Office of the President of the cation, Department of Education, transmit- cal year 2010 quarterly report on unobligated Senate on November 3, 2010; to the Com- ting, pursuant to law, the report of a rule en- and unexpended appropriated funds; to the mittee on Finance. titled ‘‘School Improvement Grants Program Committee on Foreign Relations. EC–7843. A communication from the Sec- Notice of Final Requirements’’ (RIN1810– EC–7862. A communication from the Acting retary of Health and Human Services, trans- AB06) received in the Office of the President Executive Secretary, U.S. Agency for Inter- mitting, pursuant to law, a report entitled of the Senate on November 1, 2010; to the national Development (USAID), (4) four re- ‘‘Evaluation of the Cancer Prevention and Committee on Health, Education, Labor, and ports relative to vacancies in the Agency for Treatment Demonstration for Ethnic and Pensions. International Development (USAID), re- Racial Minorities: Second Report to Con- EC–7853. A communication from the Assist- ceived during adjournment of the Senate in gress’’; to the Committee on Finance. ant General Counsel for Regulatory Services, the Office of the President of the Senate on
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17728 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 October 18, 2010; to the Committee on For- EC–7872. A communication from the Chair- curity, transmitting, pursuant to law, a re- eign Relations. man of the Council of the District of Colum- port relative to the cost of response and re- EC–7863. A communication from the Asso- bia, transmitting, pursuant to law, a report covery efforts for FEMA–3315–EM in the ciate Legal Counsel, Equal Employment Op- on D.C. Act 18–550 ‘‘Washington Convention Commonwealth of Massachusetts has exceed- portunity Commission, transmitting, pursu- and Sports Authority Temporary Amend- ed the $5,000,000 limit for a single emergency ant to law, the report of a rule entitled ment Act of 2010’’; to the Committee on declaration; to the Committee on Homeland ‘‘Regulations Under the Genetic Information Homeland Security and Governmental Af- Security and Governmental Affairs. Nondiscrimination Act’’ (RIN3046–AA84) re- fairs. EC–7884. A communication from the Execu- ceived during adjournment of the Senate in EC–7873. A communication from the Chair- tive Director, Federal Retirement Thrift In- the Office of the President of the Senate on man of the Council of the District of Colum- vestment Board, transmitting, pursuant to November 2, 2010; to the Committee on bia, transmitting, pursuant to law, a report law, a report relative to four audit reports Homeland Security and Governmental Af- on D.C. Act 18–551 ‘‘Youth Baseball Academy issued during fiscal year 2010 relative to the fairs. Grant Authorization Temporary Act of 2010’’; Agency and the Thrift Savings Plan; to the EC–7864. A communication from the Dep- to the Committee on Homeland Security and Committee on Homeland Security and Gov- uty Associate Administrator of Acquisition Governmental Affairs. ernmental Affairs. Policy and Senior Procurement Executive, EC–7874. A communication from the Chair- EC–7885. A communication from the Sec- Office of Acquisition Policy, General Serv- man of the Council of the District of Colum- retary of the Department of Labor, transmit- ices Administration, transmitting, pursuant bia, transmitting, pursuant to law, a report ting, pursuant to law, the Semiannual Re- to law, the report of a rule entitled ‘‘Federal on D.C. Act 18–552 ‘‘Howard Theatre Redevel- port of the Office of Inspector General of the Acquisition Regulation; Offering a Construc- opment Project Great Streets Initiative Tax Pension Benefit Guaranty Corporation for tion Requirement—8(a) Program’’ (RIN9000– Increment Financing Temporary Act of the period from October 1, 2009, through AL68) received during adjournment of the 2010’’; to the Committee on Homeland Secu- March 31, 2010 and the Director’s Semiannual Senate in the Office of the President of the rity and Governmental Affairs. Report on Management Decisions and Final Senate on November 7, 2010; to the Com- EC–7875. A communication from the Chair- Actions on Office of Inspector General Audit mittee on Homeland Security and Govern- man of the Council of the District of Colum- Recommendations; to the Committee on mental Affairs. bia, transmitting, pursuant to law, a report Homeland Security and Governmental Af- EC–7865. A communication from the Dep- on D.C. Act 18–553 ‘‘Sustainable Energy Util- fairs. uty Archivist, National Archives and ity Temporary Amendment Act of 2010’’; to EC–7886. A communication from the Chief Records Administration, transmitting, pur- the Committee on Homeland Security and Privacy Officer, Privacy Office, Department suant to law, the report of a rule entitled Governmental Affairs. of Homeland Security, transmitting, pursu- ‘‘National Historical Publications and EC–7876. A communication from the Chair- ant to law, a report entitled ‘‘Privacy Office Records Commission’’ (RIN3095–AB67) re- man of the Council of the District of Colum- Fourth Quarter Fiscal Year 2010 Report to ceived in the Office of the President of the bia, transmitting, pursuant to law, a report Congress’’; to the Committee on Homeland Senate on November 1, 2010; to the Com- on D.C. Act 18–554 ‘‘Healthy DC Temporary Security and Governmental Affairs. mittee on Homeland Security and Govern- Amendment Act of 2010’’; to the Committee EC–7887. A communication from the Chair- mental Affairs. on Homeland Security and Governmental Af- man, Board of Governors of the Federal Re- EC–7866. A communication from the Chair- fairs. serve System, transmitting, pursuant to law, man of the Council of the District of Colum- EC–7877. A communication from the Chair- the Inspector General’s Semiannual Report bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- for the six-month period from April 1, 2010, on D.C. Act 18–544 ‘‘Land Acquisition for bia, transmitting, pursuant to law, a report through September 30, 2010; to the Com- Housing Development Opportunities Pro- on D.C. Act 18–555 ‘‘DC High Risk Pool Pro- mittee on Homeland Security and Govern- gram Act of 2010’’; to the Committee on gram Establishment Temporary Act of 2010’’; mental Affairs. Homeland Security and Governmental Af- to the Committee on Homeland Security and EC–7888. A communication from the De- fairs. Governmental Affairs. partment of State, transmitting, pursuant to EC–7867. A communication from the Chair- EC–7878. A communication from the Chair- law, a report relative to foreign terrorist or- man of the Council of the District of Colum- man of the Council of the District of Colum- ganizations (OSS Control No. 2010–1762); to bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report the Committee on the Judiciary. on D.C. Act 18–545 ‘‘Supermarket Tax Ex- on D.C. Act 18–558 ‘‘National Popular Vote EC–7889. A communication from the Staff emption Clarification Temporary Amend- Interstate Agreement Act of 2010’’; to the Director, United States Commission on Civil ment Act of 2010’’; to the Committee on Committee on Homeland Security and Gov- Rights, transmitting, pursuant to law, the Homeland Security and Governmental Af- ernmental Affairs. report of the appointment of members to the fairs. EC–7879. A communication from the Chair- New Mexico Advisory Committee; to the EC–7868. A communication from the Chair- man of the Council of the District of Colum- Committee on the Judiciary. man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report EC–7890. A communication from the Assist- bia, transmitting, pursuant to law, a report on D.C. Act 18–559 ‘‘Howard Theatre Redevel- ant Attorney General, Office of Legislative on D.C. Act 18–546 ‘‘14W and Anthony Bowen opment Project Great Streets Initiative Tax Affairs, Department of Justice, transmit- YMCA Project Tax Abatement Implementa- Increment Financing Act of 2010’’; to the ting, pursuant to law, the Fiscal Year 2009 tion Clarification Temporary Act of 2010’’; to Committee on Homeland Security and Gov- Annual Report to Congress for the Office of the Committee on Homeland Security and ernmental Affairs. Justice Programs; to the Committee on the Governmental Affairs. EC–7880. A communication from the Chair- Judiciary. EC–7869. A communication from the Chair- man of the Council of the District of Colum- EC–7891. A communication from the Assist- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report ant Attorney General, Office of Legislative bia, transmitting, pursuant to law, a report on D.C. Act 18–561 ‘‘Extension of Review Pe- Affairs, Department of Justice, transmit- on D.C. Act 18–547 ‘‘Kelsey Gardens Redevel- riod for the Proposed Disposition of the J.F. ting, pursuant to law, a report entitled ‘‘Re- opment Project Real Property Limited Tax Cook School Temporary Amendment Act of port of the Attorney General to the Congress Abatement Assistance Clarification Tem- 2010’’; to the Committee on Homeland Secu- of the United States on the Administration porary Act of 2010’’; to the Committee on rity and Governmental Affairs. of the Foreign Agents Registration Act of Homeland Security and Governmental Af- EC–7881. A communication from the Chair- 1938, as amended for the six months ending fairs. man of the Council of the District of Colum- December 31, 2009’’; to the Committee on the EC–7870. A communication from the Chair- bia, transmitting, pursuant to law, a report Judiciary. man of the Council of the District of Colum- on D.C. Act 18–562 ‘‘District Settlement Pay- EC–7892. A communication from the Dep- bia, transmitting, pursuant to law, a report ment Integrity Temporary Act of 2010’’; to uty General Counsel, Office of Hearings and on D.C. Act 18–548 ‘‘M.M. Washington Career the Committee on Homeland Security and Appeals, Small Business Administration, High School Redevelopment Grant Author- Governmental Affairs. transmitting, pursuant to law, the report of ization Temporary Act of 2010’’; to the Com- EC–7882. A communication from the Chair- a rule entitled ‘‘Rules of Procedure Gov- mittee on Homeland Security and Govern- man of the Council of the District of Colum- erning Cases Before the Office of Hearings mental Affairs. bia, transmitting, pursuant to law, a report and Appeals’’ (RIN3245–AG09) received during EC–7871. A communication from the Chair- on D.C. Act 18–563 ‘‘Private Fire Hydrant Re- adjournment of the Senate in the Office of man of the Council of the District of Colum- sponsibility Temporary Act of 2010’’; to the the President of the Senate on November 2, bia, transmitting, pursuant to law, a report Committee on Homeland Security and Gov- 2010; to the Committee on Small Business on D.C. Act 18–549 ‘‘DCPL Federal Grant Au- ernmental Affairs. and Entrepreneurship. thorization Temporary Act of 2010’’; to the EC–7883. A communication from the Ad- EC–7893. A communication from the Dep- Committee on Homeland Security and Gov- ministrator, Federal Emergency Manage- uty General Counsel, Office of Surety Guar- ernmental Affairs. ment Agency, Department of Homeland Se- antees, Small Business Administration,
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.001 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17729 transmitting, pursuant to law, the report of of the Senate in the Office of the President REPORTS OF COMMITTEES a rule entitled ‘‘Surety Bond Guarantee Pro- of the Senate on September 30, 2010; to the gram; Size Standards’’ (RIN3245–AG10) re- Committee on Commerce, Science, and The following reports of committees ceived during adjournment of the Senate in Transportation. were submitted: the Office of the President of the Senate on EC–7902. A communication from the Senior By Mr. ROCKEFELLER, from the Com- November 2, 2010; to the Committee on Small Program Analyst, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- Business and Entrepreneurship. tration, Department of Transportation, tation, without amendment: EC–7894. A communication from the Dep- transmitting, pursuant to law, the report of S. 817. A bill to establish a Salmon Strong- uty General Counsel, Office of Size Stand- a rule entitled ‘‘Airworthiness Directives; hold Partnership program to conserve wild ards, Small Business Administration, trans- Eurocopter France (ECF) Model SA–365N1, Pacific salmon, and for other purposes (Rept. mitting, pursuant to law, the report of a rule AS–365N2, AS 365N3, EC 155B, and EC155B1 No. 111–348). entitled ‘‘Small Business Standards: Retail Helicopters’’ ((RIN2120–AA64) (Docket No. S. 2859. A bill to reauthorize the Coral Reef Trade’’ (RIN3245–AF69) received in the Office FAA–2010–0426)) received during adjournment Conservation Act of 2000, and for other pur- of the President of the Senate on October 29, of the Senate in the Office of the President poses (Rept. No. 111–349). 2010; to the Committee on Small Business of the Senate on September 30, 2010; to the f and Entrepreneurship. Committee on Commerce, Science, and EC–7895. A communication from the Dep- Transportation. EXECUTIVE REPORT OF uty General Counsel, Office of Size Stand- EC–7903. A communication from the Senior COMMITTEE—TREATY ards, Small Business Administration, trans- Program Analyst, Federal Aviation Adminis- The following executive report of mitting, pursuant to law, the report of a rule tration, Department of Transportation, committee was submitted during the entitled ‘‘Small Business Standards: Accom- transmitting, pursuant to law, the report of recess of the Senate on October 1, 2010 modation and Food Services Industries’’ a rule entitled ‘‘Airworthiness Directives; under the authority of an order of the (RIN3245–AF71) received in the Office of the Empresa Brasileira de Aeronautica S.A. President of the Senate on October 29, 2010; (EMBRAER) Model EMB–120, –120ER, –120FC, Senate of September 29, 2010: to the Committee on Small Business and En- –120QC, and –120RT Airplanes’’ ((RIN2120– By Mr. KERRY, from the Committee on trepreneurship. AA64) (Docket No. FAA–2009–0715)) received Foreign Relations: EC–7896. A communication from the Dep- during adjournment of the Senate in the Of- [Treaty Doc. 111–5 Treaty with Russia on uty General Counsel, Office of Size Stand- fice of the President of the Senate on Sep- Measures for Further Reduction and Limi- ards, Small Business Administration, trans- tember 30, 2010; to the Committee on Com- tation of Strategic Offensive Arms with 10 mitting, pursuant to law, the report of a rule merce, Science, and Transportation. conditions, 3 understandings, and 13 dec- entitled ‘‘Small Business Standards: Other EC–7904. A communication from the Senior larations (Ex. Rept. 111–6)] Services’’ (RIN3245–AF70) received in the Of- Program Analyst, Federal Aviation Adminis- The text of the committee-recommended fice of the President of the Senate on Octo- tration, Department of Transportation, resolution of advice and consent to ratifica- ber 29, 2010; to the Committee on Small Busi- transmitting, pursuant to law, the report of tion is as follows: ness and Entrepreneurship. a rule entitled ‘‘Airworthiness Directives; Resolved, (two-thirds of the Senators present EC–7897. A communication from the Dep- Turbomeca Arriel 1 Series Turboshaft En- concurring therein), That the Senate advises uty General Counsel, Office of Financial As- gines’’ ((RIN2120–AA64) (Docket No. FAA– and consents to the ratification of the Trea- sistance, Small Business Administration, 2010–0710)) received during adjournment of ty between the United States of America and transmitting, pursuant to law, the report of the Senate in the Office of the President of the Russian Federation on Measures for the a rule entitled ‘‘Immediate Disaster Assist- the Senate on September 30, 2010; to the Further Reduction and Limitation of Stra- ance Program’’ (RIN3245–AG00) received in Committee on Commerce, Science, and tegic Offensive Arms, signed in Prague on the Office of the President of the Senate on Transportation. April 8, 2010, with Protocol, including Annex October 29, 2010; to the Committee on Small EC–7905. A communication from the Senior on Inspection Activities to the Protocol, Business and Entrepreneurship. Program Analyst, Federal Aviation Adminis- Annex on Notifications to the Protocol, and EC–7898. A communication from the Dep- tration, Department of Transportation, Annex on Telemetric Information to the Pro- uty Director of Regulations Management, transmitting, pursuant to law, the report of tocol, all such documents being integral Veterans Health Administration, Depart- a rule entitled ‘‘Airworthiness Directives; parts of and collectively referred to in this ment of Veterans Affairs, transmitting, pur- GROB–WERKE Model G120A Airplanes’’ resolution as the ‘‘New START Treaty’’ suant to law, the report of a rule entitled ((RIN2120–AA64) (Docket No. FAA–2010–0926)) (Treaty Document 111–5), subject to the con- ‘‘Supportive Services for Veteran Families received during adjournment of the Senate ditions of subsection (a), the understandings Program’’ (RIN2900–AN53) received in the Of- in the Office of the President of the Senate of subsection (b), and the declarations of sub- fice of the President of the Senate on No- on September 30, 2010; to the Committee on section (c). vember 10, 2010; to the Committee on Vet- Commerce, Science, and Transportation. (a) CONDITIONS.—The advice and consent of erans’ Affairs. EC–7906. A communication from the Senior the Senate to the ratification of the New EC–7899. A communication from the Assist- Program Analyst, Federal Aviation Adminis- START Treaty is subject to the following ant Attorney General, Office of Legislative tration, Department of Transportation, conditions, which shall be binding upon the Affairs, Department of Justice, transmit- transmitting, pursuant to law, the report of President: ting, pursuant to law, a quarterly report to a rule entitled ‘‘Airworthiness Directives; (1) GENERAL COMPLIANCE.—If the President Congress relative to the Uniformed Services Rolls–Royce Corporation (RRC) AE 3007A Se- determines that the Russian Federation is Employment and Reemployment Rights Act ries Turbofan Engines’’ ((RIN2120–AA64) acting or has acted in a manner that is in- of 1994; to the Committee on Veterans’ Af- (Docket No. FAA–2009–0811)) received during consistent with the object and purpose of the fairs. adjournment of the Senate in the Office of New START Treaty, or is in violation of the EC–7900. A communication from the Senior the President of the Senate on September 30, New START Treaty, so as to threaten the Program Analyst, Federal Aviation Adminis- 2010; to the Committee on Commerce, national security interests of the United tration, Department of Transportation, Science, and Transportation. States, then the President shall— transmitting, pursuant to law, the report of (A) consult with the Senate regarding the a rule entitled ‘‘Airworthiness Directives; f implications of such actions for the viability Turbomeca S.A. ARRIEL 2B Turboshaft En- of the New START Treaty and for the na- gines’’ ((RIN2120–AA64) (Docket No. FAA– tional security interests of the United 2005–21624)) received during adjournment of REPORTS OF COMMITTEES DURING States; the Senate in the Office of the President of ADJOURNMENT (B) seek on an urgent basis a meeting with the Senate on September 30, 2010; to the Under the authority of the order of the Russian Federation at the highest diplo- Committee on Commerce, Science, and the Senate of November 15, 2010, the matic level with the objective of bringing Transportation. the Russian Federation into full compliance EC–7901. A communication from the Senior following reports of committees were with its obligations under the New START Program Analyst, Federal Aviation Adminis- submitted on November 16, 2010. Treaty; and tration, Department of Transportation, By Mrs. McCASKILL, from the Committee (C) submit a report to the Senate promptly transmitting, pursuant to law, the report of on Impeachment Trial Committee thereafter, detailing— a rule entitled ‘‘Airworthiness Directives; (Porteous), under the authority of the order (i) whether adherence to the New START Gulfstream Aerospace LP (Type Certificate of the Senate of 11/15/2010. Treaty remains in the national security in- Previously Held by Israel Aircraft Indus- Special Report entitled ‘‘Report of the Im- terests of the United States; and tries, Ltd.) Model Galaxy and Gulfstream 200 peachment Trial Committee on the Articles (ii) how the United States will redress the Airplanes’’ ((RIN2120–AA64) (Docket No. Against Judge G. Thomas Porteous, Jr.’’ impact of Russian actions on the national se- FAA–2010–0555)) received during adjournment (Rept. No. 111–347). curity interests of the United States.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17730 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010
(2) PRESIDENTIAL CERTIFICATIONS AND RE- targets, the launch of which uses the first of the New START Treaty to a new kind of PORTS ON NATIONAL TECHNICAL MEANS.—(A) stage of an existing type of United States strategic offensive arm, the President shall Prior to the entry into force of the New ICBM or SLBM listed in paragraph 8 of Arti- consult with the Chairman and ranking mi- START Treaty, and annually thereafter, the cle III of the New START Treaty; or nority member of the Committee on Foreign President shall certify to the Senate that (C) any missile described in clause (a) of Relations of the Senate with regard to United States National Technical Means, in paragraph 7 of Article III of the New START whether the proposal, if adopted, would con- conjunction with the verification activities Treaty. stitute an amendment to the New START provided for in the New START Treaty, are (6) CONVENTIONAL PROMPT GLOBAL STRIKE.— Treaty requiring the advice and consent of sufficient to ensure effective monitoring of (A) The Senate calls on the executive branch the Senate, as set forth in Article II, section Russian compliance with the provisions of to clarify its planning and intent in devel- 2, clause 2 of the Constitution of the United the New START Treaty and timely warning oping future conventionally armed, stra- States. of any Russian preparation to break out of tegic-range weapon systems. To this end, (9) UNITED STATES COMMITMENTS ENSURING the limits in Article II of the New START prior to the entry into force of the New THE SAFETY, RELIABILITY, AND PERFORMANCE Treaty. Following submission of the first START Treaty, the President shall provide a OF ITS NUCLEAR FORCES.— such certification, each subsequent certifi- report to the Committees on Armed Services (A) The United States is committed to en- cation shall be accompanied by a report to and Foreign Relations of the Senate con- suring the safety, reliability, and perform- the Senate indicating how United States Na- taining the following: ance of its nuclear forces. It is the sense of tional Technical Means, including collection, (i) A list of all conventionally armed, stra- the Senate that— processing, and analytic resources, will be tegic-range weapon systems that are cur- (i) the United States is committed to pro- utilized to ensure effective monitoring. The rently under development. ceeding with a robust stockpile stewardship first such report shall include a long-term (ii) An analysis of the expected capabilities program, and to maintaining and modern- plan for the maintenance of New START of each system listed under clause (i). izing the nuclear weapons production capa- Treaty monitoring. Each subsequent report (iii) A statement with respect to each sys- bilities and capacities, that will ensure the shall include an update of the long-term tem listed under clause (i) as to whether any safety, reliability, and performance of the plan. Each such report may be submitted in of the limits in Article II of the New START United States nuclear arsenal at the New either classified or unclassified form. Treaty apply to such system. START Treaty levels and meet requirements (B) It is the sense of the Senate that moni- (iv) An assessment of the costs, risks, and for hedging against possible international toring Russian Federation compliance with benefits of each system. developments or technical problems, in con- the New START Treaty is a high priority (v) A discussion of alternative deployment formance with United States policies and to and that the inability to do so would con- options and scenarios for each system. underpin deterrence; stitute a threat to United States national se- (vi) A summary of the measures that could (ii) to that end, the United States is com- curity interests. help to distinguish each system listed under mitted to maintaining United States nuclear (3) REDUCTIONS.—(A) The New START clause (i) from nuclear systems and reduce weapons laboratories and preserving the core Treaty shall not enter into force until in- the risks of misinterpretation and of a re- nuclear weapons competencies therein; and struments of ratification have been ex- sulting claim that such systems might alter (iii) the United States is committed to pro- changed in accordance with Article XIV of strategic stability. viding the resources needed to achieve these the New START Treaty. (B) The report under subparagraph (A) may objectives, at a minimum at the levels set (B) If, prior to the entry into force of the be supplemented by a classified annex. forth in the President’s 10-year plan provided New START Treaty, the President plans to (C) If, at any time after the New START to the Congress pursuant to section 1251 of implement reductions of United States stra- Treaty enters into force, the President deter- the National Defense Authorization Act for tegic nuclear forces below those currently mines that deployment of conventional war- Fiscal Year 2010 (Public Law 111–84). planned and consistent with the Treaty Be- heads on ICBMs or SLBMs is required at lev- (B) If appropriations are enacted that fail tween the United States of America and the els that cannot be accommodated within the to meet the resource requirements set forth Russian Federation on Strategic Offensive limits in Article II of the New START Trea- in the President’s 10-year plan, or if at any Reductions, signed at Moscow on May 24, 2002 (commonly referred to as ‘‘the Moscow ty while sustaining a robust United States time more resources are required than esti- Treaty’’), then the President shall— nuclear triad, then the President shall im- mated in the President’s 10-year plan, the (i) consult with the Senate regarding the mediately consult with the Senate regarding President shall submit to Congress, within 60 effect of such reductions on the national se- the reasons for such determination. days of such enactment or the identification curity of the United States; and (7) UNITED STATES TELEMETRIC INFORMA- of the requirement for such additional re- (ii) take no such reductions until the TION.—In implementing Article IX of the sources, as appropriate, a report detailing— President submits to the Senate the Presi- New START Treaty, Part Seven of the Pro- (i) how the President proposes to remedy dent’s determination that such reductions tocol, and the Annex on Telemetric Informa- the resource shortfall; are in the national security interest of the tion to the Protocol, prior to agreeing to (ii) if additional resources are required, the United States. provide to the Russian Federation any proposed level of funding required and an (4) TIMELY WARNING OF BREAKOUT.—If the amount of telemetric information on a identification of the stockpile work, cam- President determines, after consultation United States test launch of a convention- paign, facility, site, asset, program, oper- with the Director of National Intelligence, ally armed prompt global strike system, the ation, activity, construction, or project for that the Russian Federation intends to President shall certify to the Committees on which additional funds are required; break out of the limits in Article II of the Foreign Relations and Armed Services of the (iii) the impact of the resource shortfall on New START Treaty, the President shall im- Senate that— the safety, reliability, and performance of mediately inform the Committees on For- (A) the provision of United States tele- United States nuclear forces; and eign Relations and Armed Services of the metric information— (iv) whether and why, in the changed cir- Senate, with a view to determining whether (i) consists of data that demonstrate that cumstances brought about by the resource circumstances exist that jeopardize the su- such system is not subject to the limits in shortfall, it remains in the national interest preme interests of the United States, such Article II of the New START Treaty; or of the United States to remain a Party to that withdrawal from the New START Trea- (ii) would be provided in exchange for sig- the New START Treaty. ty may be warranted pursuant to paragraph nificant telemetric information regarding a (10) ANNUAL REPORT.—As full and faithful 3 of Article XIV of the New START Treaty. weapon system not listed in paragraph 8 of implementation is key to realizing the bene- (5) UNITED STATES MISSILE DEFENSE TEST Article III of the New START Treaty, or a fits of the New START Treaty, the President TELEMETRY.—Prior to entry into force of the system not deployed by the Russian Federa- shall submit a report to the Committees on New START Treaty, the President shall cer- tion prior to December 5, 2009; Foreign Relations and Armed Services of the tify to the Senate that the New START (B) it is in the national security interest of Senate not later than January 31 of each Treaty does not require, at any point during the United States to provide such telemetric year beginning with January 31, 2012, which which it will be in force, the United States information; and will provide— to provide to the Russian Federation tele- (C) provision of such telemetric informa- (A) details on each Party’s reductions in metric information under Article IX of the tion will not undermine the effectiveness of strategic offensive arms between the date New START Treaty, Part Seven of the Pro- such system. the New START Treaty entered into force tocol, and the Annex on Telemetric Informa- (8) BILATERAL CONSULTATIVE COMMISSION.— and December 31, 2011, or, in subsequent re- tion to the Protocol for the launch of— Not later than 15 days before any meeting of ports, during the previous year; (A) any missile defense interceptor, as de- the Bilateral Consultative Commission to (B) a certification that the Russian Fed- fined in paragraph 44 of Part One of the Pro- consider a proposal for additional measures eration is in compliance with the terms of tocol to the New START Treaty; to improve the viability or effectiveness of the New START Treaty, or a detailed discus- (B) any satellite launches, missile defense the New START Treaty or to resolve a ques- sion of any noncompliance by the Russian sensor targets, and missile defense intercept tion related to the applicability of provisions Federation;
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17731 (C) a certification that any conversion and (C) if either Party should produce a rail- iting, activities that the United States Gov- elimination procedures adopted pursuant to mobile ICBM system, the Bilateral Consult- ernment currently plans or that might be re- Article VI of the New START Treaty and ative Commission would address the applica- quired over the duration of the New START Part Three of the Protocol have not resulted tion of other parts of the New START Treaty Treaty to protect the United States pursuant in ambiguities that could defeat the object to that system, including Articles III, IV, VI, to the National Missile Defense Act of 1999, and purpose of the New START Treaty, or— VII, and XI of the New START Treaty and or to protect United States Armed Forces (i) a list of any cases in which a conversion relevant portions of the Protocol and the An- and United States allies from limited bal- or elimination procedure that has been dem- nexes to the Protocol; and listic missile attack, including further onstrated by Russia within the framework of (D) an agreement reached pursuant to sub- planned enhancements to the Ground-based the Bilateral Consultative Commission re- paragraph (C) is subject to the requirements Midcourse Defense system and all phases of mains ambiguous or does not achieve the of Article XV of the New START Treaty and, the Phased Adaptive Approach to missile de- goals set forth in paragraph 2 or 3 of Section specifically, if an agreement pursuant to fense in Europe. I of Part Three of the Protocol; and subparagraph (C) creates substantive rights (C) Given its concern about missile defense (ii) a comprehensive explanation of steps or obligations that differ significantly from issues, the Senate expects the executive the United States has taken with respect to those in the New START Treaty regarding a branch to offer regular briefings, not less each such case; ‘‘mobile launcher of ICBMs’’ as defined in than twice each year, to the Committees on (D) an assessment of the operation of the Part One of the Protocol to the New START Foreign Relations and Armed Services of the New START Treaty’s transparency mecha- Treaty, such agreement will be considered an Senate on all missile defense issues related nisms, including— amendment to the New START Treaty pur- to the New START Treaty and on the (i) the extent to which either Party suant to Paragraph 1 of Article XV of the progress of United States-Russia dialogue encrypted or otherwise impeded the collec- New START Treaty and will be submitted to and cooperation regarding missile defense. tion of telemetric information; and the Senate for its advice and consent to rati- (2) DEFENDING THE UNITED STATES AND AL- (ii) the extent and usefulness of exchanges fication. LIES AGAINST STRATEGIC ATTACK.—It is the of telemetric information; and (3) STRATEGIC-RANGE, NON-NUCLEAR WEAPON sense of the Senate that— (E) an assessment of whether a strategic SYSTEMS.—It is the understanding of the (A) a paramount obligation of the United imbalance exists that endangers the national United States that— States Government is to provide for the de- security interests of the United States. (A) future, strategic-range non-nuclear fense of the American people, deployed mem- (b) UNDERSTANDINGS.—The advice and con- weapon systems that do not otherwise meet bers of the United States Armed Forces, and sent of the Senate to the ratification of the the definitions of the New START Treaty United States allies against nuclear attacks New START Treaty is subject to the fol- will not be ‘‘new kinds of strategic offensive to the best of its ability; lowing understandings, which shall be in- arms’’ subject to the New START Treaty; (B) policies based on ‘‘mutual assured de- cluded in the instrument of ratification: (B) nothing in the New START Treaty re- struction’’ or intentional vulnerability can (1) MISSILE DEFENSE.—It is the under- stricts United States research, development, be contrary to the safety and security of standing of the United States that— both countries, and the United States and (A) the New START Treaty does not im- testing, and evaluation of strategic-range, pose any limitations on the deployment of non-nuclear weapons, including any weapon the Russian Federation share a common in- missile defenses other than the requirements that is capable of boosted aerodynamic terest in moving cooperatively as soon as of paragraph 3 of Article V of the New flight; possible away from a strategic relationship START Treaty, which states, ‘‘Each Party (C) nothing in the New START Treaty pro- based on mutual assured destruction; shall not convert and shall not use ICBM hibits deployments of strategic-range non- (C) in a world where biological, chemical, launchers and SLBM launchers for place- nuclear weapon systems; and and nuclear weapons and the means to de- ment of missile defense interceptors therein. (D) the addition to the New START Treaty liver them are proliferating, strategic sta- Each Party further shall not convert and of— bility can be enhanced by strategic defensive shall not use launchers of missile defense (i) any limitations on United States re- measures; interceptors for placement of ICBMs and search, development, testing, and evaluation (D) accordingly, the United States is and SLBMs therein. This provision shall not of strategic-range, non-nuclear weapon sys- will remain free to reduce the vulnerability apply to ICBM launchers that were con- tems, including any weapon that is capable to attack by constructing a layered missile verted prior to signature of this treaty for of boosted aerodynamic flight; or defense system capable of countering mis- placement of missile defense interceptors (ii) any prohibition on the deployment of siles of all ranges; therein.’’; such systems, including any such limitations (E) the United States will welcome steps (B) any additional New START Treaty lim- or prohibitions agreed under the auspices of by the Russian Federation also to adopt a itations on the deployment of missile de- the Bilateral Consultative Commission, fundamentally defensive strategic posture fenses beyond those contained in paragraph 3 would require an amendment to the New that no longer views robust strategic defen- of Article V, including any limitations START Treaty which may enter into force sive capabilities as undermining the overall agreed under the auspices of the Bilateral for the United States only with the advice strategic balance, and stands ready to co- Consultative Commission, would require an and consent of the Senate, as set forth in Ar- operate with the Russian Federation on stra- amendment to the New START Treaty which ticle II, section 2, clause 2 of the Constitu- tegic defensive capabilities, as long as such may enter into force for the United States tion of the United States. cooperation is aimed at fostering and in no only with the advice and consent of the Sen- (c) DECLARATIONS.—The advice and consent way constrains the defensive capabilities of ate, as set forth in Article II, section 2, of the Senate to the ratification of the New both sides; and clause 2 of the Constitution of the United START Treaty is subject to the following (F) the United States is committed to im- States; and declarations, which express the intent of the proving United States strategic defensive ca- (C) the April 7, 2010, unilateral statement Senate: pabilities both quantitatively and quali- by the Russian Federation on missile defense (1) MISSILE DEFENSE.—(A) It is the sense of tatively during the period that the New does not impose a legal obligation on the the Senate that— START Treaty is in effect, and such im- United States. (i) pursuant to the National Missile De- provements are consistent with the treaty. (2) RAIL-MOBILE ICBMS.—It is the under- fense Act of 1999 (Public Law 106–38), it is the (3) CONVENTIONALLY ARMED, STRATEGIC- standing of the United States that— policy of the United States ‘‘to deploy as RANGE WEAPON SYSTEMS.—Consistent with (A) any rail-mobile-launched ballistic mis- soon as is technologically possible an effec- statements made by the United States that sile with a range in excess of 5,500 kilometers tive National Missile Defense system capable such systems are not intended to affect stra- would be an ICBM, as the term is defined in of defending the territory of the United tegic stability with respect to the Russian paragraph 37 of Part One of the Protocol (in States against limited ballistic missile at- Federation, the Senate finds that conven- the English-language numbering), for the tack (whether accidental, unauthorized, or tionally armed, strategic-range weapon sys- purposes of the New START Treaty, specifi- deliberate)’’; tems not co-located with nuclear-armed sys- cally including the limits in Article II of the (ii) defenses against ballistic missiles are tems do not affect strategic stability be- New START Treaty; essential for new deterrent strategies and for tween the United States and the Russian (B) an erector-launcher mechanism for new strategies should deterrence fail; and Federation. launching an ICBM and the railcar or flatcar (iii) further limitations on the missile de- (4) NUNN-LUGAR COOPERATIVE THREAT RE- on which it is mounted would be an ICBM fense capabilities of the United States are DUCTION.—It is the sense of the Senate that launcher, as the term is defined in paragraph not in the national security interest of the the Nunn-Lugar Cooperative Threat Reduc- 28 of Part One of the Protocol (in the United States. tion (CTR) Program has made an invaluable English-language numbering), for the pur- (B) The New START Treaty and the April contribution to the security and elimination poses of the New START Treaty, specifically 7, 2010, unilateral statement of the Russian of weapons of mass destruction, including including the limits in Article II of the New Federation on missile defense do not limit in nuclear weapons and materials in Russia and START Treaty; any way, and shall not be interpreted as lim- elsewhere, and that the President should
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17732 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 continue the global CTR Program and CTR frame for implementation of the New START EXECUTIVE REPORT OF assistance to Russia, including for the pur- Treaty, should be submitted to the Senate COMMITTEE pose of facilitating implementation of the for its advice and consent to ratification. The following executive report of a New START Treaty. (10) CONSULTATIONS.—Given the continuing (5) ASYMMETRY IN REDUCTIONS.—It is the interest of the Senate in the New START nomination was submitted: sense of the Senate that, in conducting the Treaty and in strategic offensive reductions By Mr. DODD for the Committee on Bank- reductions mandated by the New START to the lowest possible levels consistent with ing, Housing, and Urban Affairs. Treaty, the President should regulate reduc- national security requirements and alliance * Peter A. Diamond, of Massachusetts, to tions in United States strategic offensive obligations of the United States, the Senate be a Member of the Board of Governors of arms so that the number of accountable stra- expects the President to consult with the the Federal Reserve System for the unex- tegic offensive arms under the New START Senate prior to taking actions relevant to pired term of fourteen years from February Treaty possessed by the Russian Federation paragraphs 2 or 3 of Article XIV of the New 1, 2000. in no case exceeds the comparable number of * Nomination was reported with rec- accountable strategic offensive arms pos- START Treaty. sessed by the United States to such an ex- (11) TACTICAL NUCLEAR WEAPONS.—(A) The ommendation that it be confirmed sub- tent that a strategic imbalance endangers Senate calls upon the President to pursue, ject to the nominee’s commitment to the national security interests of the United following consultation with allies, an agree- respond to requests to appear and tes- States. ment with the Russian Federation that tify before any duly constituted com- (6) COMPLIANCE.—(A) The New START would address the disparity between the tac- mittee of the Senate. Treaty will remain in the interests of the tical nuclear weapons stockpiles of the Rus- United States only to the extent that the sian Federation and of the United States and f Russian Federation is in strict compliance would secure and reduce tactical nuclear with its obligations under the New START weapons in a verifiable manner. INTRODUCTION OF BILLS AND Treaty. (B) Recognizing the difficulty the United JOINT RESOLUTIONS (B) Given its concern about compliance States has faced in ascertaining with con- The following bills and joint resolu- issues, the Senate expects the executive fidence the number of tactical nuclear weap- tions were introduced, read the first branch to offer regular briefings, not less ons maintained by the Russian Federation than four times each year, to the Commit- and second times by unanimous con- and the security of those weapons, the Sen- sent, and referred as indicated: tees on Foreign Relations and Armed Serv- ate urges the President to engage the Rus- ices of the Senate on compliance issues re- sian Federation with the objectives of— By Mr. COCHRAN (for himself and Mr. lated to the New START Treaty. Such brief- WICKER): (i) establishing cooperative measures to ings shall include a description of all United S. 3947. A bill to direct the Secretary of the give each Party to the New START Treaty States efforts in United States-Russian dip- Interior to convey to the State of Mississippi improved confidence regarding the accurate lomatic channels and bilateral fora to re- 2 parcels of surplus land within the boundary solve any compliance issues and shall in- accounting and security of tactical nuclear of the Natchez Trace Parkway, and for other clude, but would not necessarily be limited weapons maintained by the other Party; and purposes; to the Committee on Energy and to, a description of— (ii) providing United States or other inter- Natural Resources. (i) any compliance issues the United States national assistance to help the Russian Fed- By Mr. BINGAMAN (for himself, Mr. plans to raise with the Russian Federation eration ensure the accurate accounting and CRAPO, and Mr. KERRY): at the Bilateral Consultative Commission, in security of its tactical nuclear weapons. S. 3948. A bill to amend the Internal Rev- advance of such meetings; and (12) FURTHER STRATEGIC ARMS REDUC- enue Code of 1986 to modify certain rules ap- (ii) any compliance issues raised at the Bi- TIONS.—(A) Recognizing the obligation under plicable to regulated investment companies, lateral Consultative Commission, within Article VI of the Treaty on the Non-Pro- and for other purposes; to the Committee on thirty days of such meetings. liferation of Nuclear Weapons, done at Wash- Finance. (7) EXPANSION OF STRATEGIC ARSENALS IN ington, London, and Moscow on July 1, 1968, By Mr. CARDIN (for himself and Ms. COUNTRIES OTHER THAN RUSSIA.—It is the ‘‘to pursue negotiations in good faith on ef- MIKULSKI): sense of the Senate that if, during the time fective measures relating to cessation of the S. 3949. A bill to amend the Chesapeake the New START Treaty remains in force, the nuclear arms race at any early date and to and Ohio Canal Development Act to extend President determines that there has been an nuclear disarmament and on a treaty on gen- to the Chesapeake and Ohio Canal National expansion of the strategic arsenal of any eral and complete disarmament under strict Historical Park Commission; to the Com- country not party to the New START Treaty and effective international control,’’ and in mittee on Energy and Natural Resources. so as to jeopardize the supreme interests of By Mr. KERRY (for himself, Mr. DODD, anticipation of the ratification and entry the United States, then the President should Mr. CASEY, and Mr. BINGAMAN): into force of the New START Treaty, the consult on an urgent basis with the Senate S. 3950. A bill to amend title XVIII of the Senate calls upon the other nuclear weapon to determine whether adherence to the New Social Security Act to provide for the appli- START Treaty remains in the national in- states to give careful and early consideration cation of a consistent Medicare part B pre- terest of the United States. to corresponding reductions of their own nu- mium for all Medicare beneficiaries for 2011; (8) TREATY INTERPRETATION.—The Senate clear arsenals. to the Committee on Finance. affirms the applicability to all treaties of (B) The Senate declares that further arms By Mr. KERRY (for himself and Mr. the constitutionally based principles of trea- reduction agreements obligating the United CARDIN): ty interpretation set forth in condition (1) of States to reduce or limit the Armed Forces S. 3951. A bill to authorize United States the resolution of advice and consent to the or armaments of the United States in any participation in, and appropriations for, the ratification of the Treaty Between the militarily significant manner may be made United States contribution to the ninth re- United States of America and the Union of only pursuant to the treaty-making power of plenishment of the resources of the Asian Soviet Socialist Republics on the Elimi- the President as set forth in Article II, sec- Development Fund and the United States nation of Their Intermediate-Range and tion 2, clause 2 of the Constitution of the subscription to the fifth general capital in- Shorter Range Missiles, together with the United States. crease of the Asian Development Bank; to related memorandum of understanding and (13) MODERNIZATION AND REPLACEMENT OF the Committee on Foreign Relations. protocols (commonly referred to as the ‘‘INF UNITED STATES STRATEGIC DELIVERY VEHI- By Mr. COCHRAN (for himself and Mr. Treaty’’), approved by the Senate on May 27, CLES.—In accordance with paragraph 1 of Ar- WICKER): 1988, and condition (8) of the resolution of ad- ticle V of the New START Treaty, which S. 3952. A bill to authorize the acquisition vice and consent to the ratification of the states that, ‘‘Subject to the provisions of of core battlefield land at Champion Hill, Document Agreed Among the States Parties Port Gibson, and Raymond for addition to this treaty, modernization and replacement to the Treaty on Conventional Armed Forces Vicksburg National Military Park; to the of strategic offensive arms may be carried in Europe (CFE) of November 19, 1990 (com- Committee on Energy and Natural Re- out,’’ it is the sense of the Senate that monly referred to as the ‘‘CFE Flank Docu- sources. ment’’), approved by the Senate on May 14, United States deterrence and flexibility is By Mr. AKAKA: 1997. assured by a robust triad of strategic deliv- S. 3953. A bill to amend title 38, United (9) TREATY MODIFICATION OR REINTERPRETA- ery vehicles. To this end, the United States States Code, to provide benefits for children TION.—The Senate declares that any agree- is committed to accomplishing the mod- with spina bifida of veterans exposed to her- ment or understanding which in any mate- ernization and replacement of its strategic bicides while serving in the Armed Forces rial way modifies, amends, or reinterprets nuclear delivery vehicles, and to ensuring during the Vietnam era outside Vietnam, United States or Russian obligations under the continued flexibility of United States and for other purposes; to the Committee on the New START Treaty, including the time conventional and nuclear delivery systems. Veterans’ Affairs.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17733 By Mr. CASEY: the Committee on Agriculture, Nutrition, skeletal diseases, conditions, and inju- S. 3954. A bill to improve air cargo secu- and Forestry. ries, to conduct a longitudinal study on rity; to the Committee on Commerce, By Mr. KERRY (for himself, Mr. BINGA- aging, and for other purposes. Science, and Transportation. MAN, Ms. SNOWE, Mr. CARDIN, Mr. S. 1553 By Mr. BEGICH: WHITEHOUSE, and Mr. MERKLEY): S. 3955. A bill to amend title 10, United S. Res. 680. A resolution supporting inter- At the request of Mr. GRASSLEY, the States Code, to authorize space-available national tiger conservation efforts and the name of the Senator from Missouri travel on military aircraft for members of upcoming Global Tiger Summit in St. Pe- (Mr. BOND) was added as a cosponsor of the reserve components, a member or former tersburg, Russia; to the Committee on For- S. 1553, a bill to require the Secretary member of a reserve component who is eligi- eign Relations. of the Treasury to mint coins in com- ble for retired pay but for age, widows and By Mrs. SHAHEEN (for herself and Ms. memoration of the National Future widowers of retired members, and depend- SNOWE): ents; to the Committee on Armed Services. S. Res. 681. A resolution designating the Farmers of America Organization and By Mr. BEGICH: week of November 15 through 19, 2010, as the 85th anniversary of the founding of S. 3956. A bill to amend title 10, United ‘‘Global Entrepreneurship Week/USA’’; con- the National Future Farmers of Amer- States Code, to permit the use of com- sidered and agreed to. ica Organization. missary and exchange facilities by former f S. 1619 members of the Armed Forces who were re- At the request of Mr. DODD, the name tired or separated for physical disability; to ADDITIONAL COSPONSORS the Committee on Armed Services. of the Senator from Pennsylvania (Mr. By Mr. REED (for himself and Mr. S. 325 CASEY) was added as a cosponsor of S. WHITEHOUSE): At the request of Mr. PRYOR, his 1619, a bill to establish the Office of S. 3957. A bill to establish a medical edu- name was added as a cosponsor of S. Sustainable Housing and Communities, cation trust fund, and for other purposes; to 325, a bill to amend section 845 of title to establish the Interagency Council on the Committee on Finance. 18, United States Code, relating to ex- Sustainable Communities, to establish By Mr. WYDEN (for himself and Mr. plosives, to grant the Attorney General a comprehensive planning grant pro- BROWN of Massachusetts): gram, to establish a sustainability S. 3958. A bill to allow an earlier start for exemption authority. State health care coverage innovation waiv- S. 446 challenge grant program, and for other purposes. ers under the Patient Protection and Afford- At the request of Mr. SPECTER, the able Care Act; to the Committee on Finance. names of the Senator from Alaska (Mr. S. 1695 By Mrs. McCASKILL: BEGICH) and the Senator from Montana At the request of Mr. BURRIS, the S. 3959. A bill to eliminate the preferences (Mr. TESTER) were added as cosponsors name of the Senator from Missouri and special rules for Alaska Native Corpora- (Mrs. MCCASKILL) was added as a co- tions under the program under section 8(a) of of S. 446, a bill to permit the televising the Small Business Act; to the Committee on of Supreme Court proceedings. sponsor of S. 1695, a bill to authorize Small Business and Entrepreneurship. S. 535 the award of a Congressional gold medal to the Montford Point Marines By Mr. LAUTENBERG (for himself, At the request of Mr. NELSON of Flor- Mr. WYDEN, and Mr. MENENDEZ): ida, the name of the Senator from of World War II. S. 3960. A bill to prevent harassment at in- Vermont (Mr. LEAHY) was added as a S. 1703 stitutions of higher education, and for other cosponsor of S. 535, a bill to amend At the request of Mr. DORGAN, the purposes; to the Committee on Health, Edu- name of the Senator from North Da- cation, Labor, and Pensions. title 10, United States Code, to repeal By Mr. LIEBERMAN (for himself and requirement for reduction of survivor kota (Mr. CONRAD) was added as a co- Ms. COLLINS): annuities under the Survivor Benefit sponsor of S. 1703, a bill to amend the S. 3961. A bill to amend the E-Government Plan by veterans’ dependency and in- Act of June 18, 1934, to reaffirm the au- Act of 2002 (44 U.S.C. 3501 note) to reform the demnity compensation, and for other thority of the Secretary of the Interior electronic rulemaking process; to the Com- purposes. to take land into trust for Indian mittee on Homeland Security and Govern- tribes. mental Affairs. S. 1216 S. 1859 By Mr. DURBIN (for himself, Mr. At the request of Ms. KLOBUCHAR, the LEAHY, and Mr. LUGAR): name of the Senator from Georgia (Mr. At the request of Mr. ROCKEFELLER, S. 3962. A bill to authorize the cancellation ISAKSON) was added as a cosponsor of S. the name of the Senator from Mis- of removal and adjustment of status of cer- 1216, a bill to amend the Consumer sissippi (Mr. WICKER) was added as a tain alien students who are long-term United Product Safety Act to require residen- cosponsor of S. 1859, a bill to reinstate States residents and who entered the United tial carbon monoxide detectors to meet Federal matching of State spending of States as children and for other purposes; child support incentive payments. read the first time. the applicable ANSI/UL standard by By Mr. DURBIN (for himself, Mr. treating that standard as a consumer S. 2740 LEAHY, and Mr. LUGAR): product safety rule, to encourage At the request of Mrs. MURRAY, the S. 3963. A bill to authorize the cancellation States to require the installation of name of the Senator from Vermont of removal and adjustment of status of cer- such detectors in homes, and for other (Mr. SANDERS) was added as a cospon- tain alien students who are long-term United purposes. sor of S. 2740, a bill to establish a com- States residents and who entered the United S. 1547 prehensive literacy program. States as children and for other purposes; read the first time. At the request of Mr. REED, the name S. 2747 of the Senator from New Jersey (Mr. At the request of Mr. BINGAMAN, the f MENENDEZ) was added as a cosponsor of names of the Senator from Pennsyl- SUBMISSION OF CONCURRENT AND S. 1547, a bill to amend title 38, United vania (Mr. CASEY) and the Senator SENATE RESOLUTIONS States Code, and the United States from Washington (Ms. CANTWELL) were The following concurrent resolutions Housing Act of 1937 to enhance and ex- added as cosponsors of S. 2747, a bill to and Senate resolutions were read, and pand the assistance provided by the De- amend the Land and Water Conserva- referred (or acted upon), as indicated: partment of Veterans Affairs and the tion Fund Act of 1965 to provide con- By Mr. CASEY (for himself and Mr. Department of Housing and Urban De- sistent and reliable authority for, and SPECTER): velopment to homeless veterans and for the funding of, the land and water S. Res. 678. A resolution congratulating the veterans at risk of homelessness, and conservation fund to maximize the ef- Penn State Nittany Lions for their 400th win for other purposes. fectiveness of the fund for future gen- under head football coach Joe Paterno; to S. 1548 erations, and for other purposes. the Committee on the Judiciary. S. 3036 By Mr. GREGG (for himself and Mrs. At the request of Mr. BARRASSO, his SHAHEEN): name was added as a cosponsor of S. At the request of Mr. BAYH, the name S. Res. 679. A resolution commemorating 1548, a bill to improve research, diag- of the Senator from North Carolina the 100th anniversary of the Weeks Law; to nosis, and treatment of musculo- (Mr. BURR) was added as a cosponsor of
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S. 3036, a bill to establish the Office of COLLINS) was added as a cosponsor of S. S. 3813 the National Alzheimer’s Project. 3424, a bill to amend the Animal Wel- At the request of Mr. BINGAMAN, the S. 3181 fare Act to provide further protection names of the Senator from North Da- At the request of Mr. BROWNBACK, the for puppies. kota (Mr. CONRAD) and the Senator name of the Senator from Oklahoma S. 3642 from Pennsylvania (Mr. SPECTER) were (Mr. INHOFE) was added as a cosponsor At the request of Mrs. BOXER, the added as cosponsors of S. 3813, a bill to of S. 3181, a bill to protect the rights of name of the Senator from New Hamp- amend the Public Utility Regulatory consumers to diagnose, service, main- shire (Mrs. SHAHEEN) was added as a Policies Act of 1978 to establish a Fed- tain, and repair their motor vehicles, cosponsor of S. 3642, a bill to ensure eral renewable electricity standard, and for other purposes. that the underwriting standards of and for other purposes. S. 3183 Fannie Mae and Freddie Mac facilitate S. 3829 At the request of Mr. WYDEN, the the use of property assessed clean en- At the request of Mr. GRAHAM, the name of the Senator from Kansas (Mr. ergy programs to finance the installa- name of the Senator from South Da- ROBERTS) was added as a cosponsor of tion of renewable energy and energy ef- kota (Mr. THUNE) was added as a co- S. 3183, a bill to amend the Internal ficiency improvements. sponsor of S. 3829, a bill to repeal the Revenue Code of 1986 to extend the S. 3678 CLASS Act. nonbusiness energy property credit to At the request of Mr. LAUTENBERG, S. 3833 roofs with pigmented coatings which the name of the Senator from New Jer- At the request of Mrs. GILLIBRAND, meet Energy Star program require- sey (Mr. MENENDEZ) was added as a co- the name of the Senator from New Jer- ments. sponsor of S. 3678, a bill to improve sey (Mr. MENENDEZ) was added as a co- S. 3234 mental health services for members of sponsor of S. 3833, a bill to amend the the National Guard and Reserve de- National Environmental Education Act At the request of Mrs. MURRAY, the name of the Senator from New Jersey ployed in connection with a contin- to update, streamline, and modernize gency operation, and for other pur- that Act, and for other purposes. (Mr. MENENDEZ) was added as a cospon- sor of S. 3234, a bill to improve employ- poses. S. 3842 ment, training, and placement services S. 3695 At the request of Mr. LEAHY, the furnished to veterans, especially those At the request of Mr. MENENDEZ, the name of the Senator from Iowa (Mr. serving in Operation Iraqi Freedom and name of the Senator from Illinois (Mr. HARKIN) was added as a cosponsor of S. Operation Enduring Freedom, and for BURRIS) was added as a cosponsor of S. 3842, a bill to protect crime victims’ other purposes. 3695, a bill to fight criminal gangs. rights, to eliminate the substantial S. 3706 backlog of DNA samples collected from S. 3260 At the request of Ms. STABENOW, the crime scenes and convicted offenders, At the request of Mr. HARKIN, the to improve and expand the DNA testing name of the Senator from Connecticut name of the Senator from New Jersey (Mr. MENENDEZ) was added as a cospon- capacity of Federal, State, and local (Mr. DODD) was added as a cosponsor of crime laboratories, to increase re- S. 3260, a bill to enhance and further sor of S. 3706, a bill to extend unem- search and development of new DNA research into the prevention and treat- ployment insurance benefits and cut testing technologies, to develop new ment of eating disorders, to improve taxes for businesses to create hiring in- training programs regarding the collec- access to treatment of eating disorders, centives, and for other purposes. tion and use of DNA evidence, to pro- and for other purposes. S. 3709 At the request of Mr. WHITEHOUSE, vide post conviction testing of DNA S. 3320 the name of the Senator from North evidence to exonerate the innocent, to At the request of Mr. WHITEHOUSE, Dakota (Mr. DORGAN) was added as a improve the performance of counsel in the name of the Senator from Indiana cosponsor of S. 3709, a bill to amend the State capital cases, and for other pur- (Mr. LUGAR) was added as a cosponsor Public Health Services Act and the So- poses. of S. 3320, a bill to amend the Public cial Security Act to extend health in- S. 3846 Health Service Act to provide for a formation technology assistance eligi- At the request of Ms. COLLINS, the Pancreatic Cancer Initiative, and for bility to behavioral health, mental names of the Senator from New Jersey other purposes. health, and substance abuse profes- (Mr. MENENDEZ) and the Senator from S. 3329 sionals and facilities, and for other New Mexico (Mr. UDALL) were added as At the request of Mr. LAUTENBERG, purposes. cosponsors of S. 3846, a bill to establish the name of the Senator from Michigan S. 3727 a temporary prohibition on termi- (Ms. STABENOW) was added as a cospon- At the request of Ms. KLOBUCHAR, the nation coverage under the TRICARE sor of S. 3329, a bill to provide triple name of the Senator from Georgia (Mr. program for age of dependents under credits for renewable energy on CHAMBLISS) was added as a cosponsor the age of 26 years. brownfields, and for other purposes. of S. 3727, a bill to amend title 18, S. 3865 S. 3390 United States Code, with respect to the At the request of Mr. BROWN of Ohio, At the request of Mr. FRANKEN, the offense of stalking. the name of the Senator from South name of the Senator from Colorado S. 3735 Carolina (Mr. GRAHAM) was added as a (Mr. UDALL) was added as a cosponsor At the request of Mrs. LINCOLN, the cosponsor of S. 3865, a bill to facilitate of S. 3390, a bill to end the discrimina- name of the Senator from Indiana (Mr. nationwide availability of volunteer in- tion based on actual or perceived sex- LUGAR) was added as a cosponsor of S. come tax assistance for low-income ual orientation or gender identity in 3735, a bill to amend the Federal Insec- and underserved populations, and for public schools, and for other purposes. ticide, Fungicide, and Rodenticide Act other purposes. S. 3398 to improve the use of certain registered S. 3874 At the request of Mr. BAUCUS, the pesticides. At the request of Mrs. BOXER, the name of the Senator from New Jersey S. 3739 names of the Senator from Tennessee (Mr. MENENDEZ) was added as a cospon- At the request of Mr. CASEY, the (Mr. ALEXANDER) and the Senator from sor of S. 3398, a bill to amend the Inter- names of the Senator from New York Rhode Island (Mr. WHITEHOUSE) were nal Revenue Code of 1986 to extend the (Mr. SCHUMER) and the Senator from added as cosponsors of S. 3874, a bill to work opportunity credit to certain re- Massachusetts (Mr. KERRY) were added amend the Safe Drinking Act to reduce cently discharged veterans. as cosponsors of S. 3739, a bill to amend lead in drinking water. S. 3424 the Safe and Drug-Free Schools and S. 3881 At the request of Mr. DURBIN, the Communities Act to include bullying At the request of Mr. CARDIN, the name of the Senator from Maine (Ms. and harassment prevention programs. name of the Senator from Mississippi
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(Mr. WICKER) was added as a cosponsor isiana (Mr. VITTER) were added as co- AMENDMENT NO. 4618 of S. 3881, a bill to require the Sec- sponsors of S. 3928, a bill to strengthen At the request of Mr. NELSON of Flor- retary of State to identify individuals Federal consumer product safety pro- ida, the names of the Senator from responsible for the detention, abuse, or grams and activities with respect to Connecticut (Mr. LIEBERMAN), the Sen- death of Sergei Magnitsky or for the commercially-marketed seafood by di- ator from Louisiana (Ms. LANDRIEU) conspiracy to defraud the Russian Fed- recting the Secretary of Commerce to and the Senator from Vermont (Mr. eration of taxes on corporate profits coordinate with the Federal Trade LEAHY) were added as cosponsors of through fraudulent transactions and Commission and other appropriate Fed- amendment No. 4618 intended to be pro- lawsuits against Hermitage, and to im- eral agencies to strengthen and coordi- posed to S. 3454, an original bill to au- pose a visa ban and certain financial nate those programs and activities. thorize appropriations for fiscal year measures with respect to such individ- S. 3932 2011 for military activities of the De- uals, until the Russian Federation has At the request of Mr. MENENDEZ, the partment of Defense, for military con- thoroughly investigated the death of name of the Senator from Pennsyl- struction, and for defense activities of Sergei Magnitsky and brought the Rus- vania (Mr. SPECTER) was added as a co- the Department of Energy, to prescribe sian criminal justice system into com- sponsor of S. 3932, a bill to provide military personnel strengths for such pliance with international legal stand- comprehensive immigration reform, fiscal year, and for other purposes. ards, and for other purposes. and for other purposes. f S. 3901 S. 3942 STATEMENTS ON INTRODUCED At the request of Mr. HATCH, the At the request of Mr. TESTER, the BILLS AND JOINT RESOLUTIONS name of the Senator from Kansas (Mr. names of the Senator from New Hamp- ROBERTS) was added as a cosponsor of By Mr. KERRY (for himself, Mr. shire (Mrs. SHAHEEN) and the Senator S. 3901, a bill to promote enforcement DODD, Mr. CASEY, and Mr. from Alaska (Ms. MURKOWSKI) were of immigration laws and for other pur- BINGAMAN): added as cosponsors of S. 3942, a bill to poses. S. 3950. A bill to amend title XVIII of amend the Arms Export Control Act to the Social Security Act to provide for S. 3914 provide that certain firearms listed as the application of a consistent Medi- At the request of Mrs. MURRAY, the curios or relics may be imported into names of the Senator from South Da- care part B premium for all Medicare the United States by a licensed im- beneficiaries for 2011; to the Committee kota (Mr. THUNE) and the Senator from porter without obtaining authorization on Finance. Missouri (Mrs. MCCASKILL) were added from the Department of State or the as cosponsors of S. 3914, a bill to amend Mr. KERRY. Mr. President, the Cen- Department of Defense, and for other ters for Medicare and Medicaid Serv- title VIII of the Elementary and Sec- purposes. ondary Education Act of 1965 to require ices, CMS, recently announced that S. 3946 the Secretary of Education to complete nearly three-quarters of Medicare en- payments under such title to local edu- At the request of Mr. BAUCUS, the rollees will see no increase in their cational agencies eligible for such pay- names of the Senator from Minnesota Medicare Part B premium in 2011. This group of beneficiaries is pro- ments within 3 fiscal years. (Ms. KLOBUCHAR), the Senator from Ne- braska (Mr. NELSON) and the Senator tected by a ‘‘hold harmless’’ provision S. 3923 from Maryland (Mr. CARDIN) were in the law for years when there is no At the request of Mr. SANDERS, the added as cosponsors of S. 3946, a bill to increase in Social Security checks. As name of the Senator from Florida (Mr. repeal the expansion of information re- a result, these beneficiaries will con- NELSON) was added as a cosponsor of S. porting requirements for payments of tinue to pay the same monthly pre- 3923, a bill to amend the Public Utility $600 or more to corporations, and for mium of $96.40 that they have paid Regulatory Policies Act of 1978 to clar- other purposes. since 2008. ify the authority of States to adopt re- S. CON. RES. 63 Unfortunately, 27 percent of Medi- newable energy incentives. care beneficiaries do not receive this S. 3924 At the request of Mr. JOHNSON, the name of the Senator from Maryland ‘‘hold-harmless’’ protection and will At the request of Mr. CORNYN, the see their monthly premiums dispropor- names of the Senator from South Da- (Mr. CARDIN) was added as a cosponsor of S. Con. Res. 63, a concurrent resolu- tionately increase to $115.40 to shoul- kota (Mr. THUNE), the Senator from der the full load for those beneficiaries South Carolina (Mr. DEMINT) and the tion expressing the sense of Congress that Taiwan should be accorded ob- who are held harmless. This represents Senator from Oklahoma (Mr. COBURN) an increase of nearly 19 percent over were added as cosponsors of S. 3924, a server status in the International Civil Aviation Organization (ICAO). the past two years with no cost of liv- bill to promote transparency and ac- ing adjustment to their retirement countability concerning the implemen- S. RES. 676 pensions or annuities. tation of the Patient Protection and At the request of Mrs. SHAHEEN, the This inequity in the law negatively Affordable Care Act. names of the Senator from North Da- affects new Medicare enrollees, low-in- S. 3925 kota (Mr. DORGAN), the Senator from come beneficiaries who receive Medi- At the request of Mr. BINGAMAN, the New Jersey (Mr. LAUTENBERG), the Sen- care and Medicaid, higher income en- names of the Senator from Rhode Is- ator from Montana (Mr. TESTER) and rollees who already pay higher pre- land (Mr. WHITEHOUSE), the Senator the Senator from South Dakota (Mr. miums, and seniors who do not receive from Wisconsin (Mr. FEINGOLD), the JOHNSON) were added as cosponsors of Social Security, such as federal, state, Senator from Oregon (Mr. MERKLEY), S. Res. 676, a resolution supporting the and local government retirees. the Senator from Washington (Ms. goals and ideals of American Diabetes I believe we have a responsibility to CANTWELL) and the Senator from Month. protect all Medicare beneficiaries from Michigan (Ms. STABENOW) were added S. RES. 677 premium increase, especially during as cosponsors of S. 3925, a bill to amend At the request of Mr. CARPER, the these tough economic times when the Energy Policy and Conservation names of the Senator from Georgia every penny counts. A premium in- Act to improve the energy efficiency (Mr. CHAMBLISS), the Senator from crease for many seniors would mean of, and standards applicable to, certain Georgia (Mr. ISAKSON) and the Senator choosing between food and medicine appliances and equipment, and for from Colorado (Mr. UDALL) were added and that’s a choice they should not other purposes. as cosponsors of S. Res. 677, a resolu- have to make. S. 3928 tion to express the sense of the Senate That is why today I am introducing At the request of Mr. INOUYE, the regarding the importance of recycling the Medicare Premium Fairness Act. names of the Senator from Maine (Ms. and the inception of recycling on the This legislation would restore fairness SNOWE) and the Senator from Lou- National Mall. to our Medicare system and put money
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17736 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 in the pockets of 12 million seniors and cause only a very small number of chil- S. 3955 individuals with disabilities who des- dren whose veteran parent served out- Be it enacted by the Senate and House of Rep- perately need it. It would correct this side of Vietnam currently receive bene- resentatives of the United States of America in inequity in the law by applying the fits, I expect only a small number of Congress assembled, ‘‘hold harmless’’ provision to all Medi- children would qualify for benefits SECTION 1. SHORT TITLE. care beneficiaries, so that no enrollee under this bill. However, it is an in- This Act may be cited as the ‘‘National will pay a monthly premium more than equity that should be remedied. Guard, Reserve, ‘‘Gray Area’’ Retiree, and $96.40 in 2011. I urge our colleagues to support this Surviving Spouses Space-available Travel Equity Act of 2010’’. The Medicare Premium Fairness Act bill and provide the exact same benefit is cosponsored by Senator DODD and SEC. 2. ELIGIBILITY OF RESERVE MEMBERS, to all children who have spina bifida GRAY-AREA RETIREES, WIDOWS AND ASEY Senator C , both of whom have related to the veteran parent’s expo- WIDOWERS OF RETIRED MEMBERS, been integral to the development of sure to herbicides regardless of the lo- AND DEPENDENTS FOR SPACE- this legislation. Our legislation is sup- cation of their parent’s exposure. AVAILABLE TRAVEL ON MILITARY ported by twenty four organizations AIRCRAFT. that represent retirees and senior citi- By Mr. BEGICH: (a) ELIGIBILITY.—Chapter 157 of title 10, zens across the country. I would like to United States Code, is amended by inserting S. 3955. A bill to amend title 10, after section 2651 the following new section: thank all of the number of organiza- United States Code, to authorize space- tions who have endorsed our legislation ‘‘§ 2652. Space-available travel on department available travel on military aircraft of defense aircraft: reserve members, re- today, including the American Federa- for members of the reserve compo- tion of State, County and Municipal serve members eligible for retired pay but nents, a member or former member of for age; widows and widowers of retired Employees, AFSCME, the National Ac- a reserve component who is eligible for members and dependents tive and Retired Federal Employees retired pay but for age, widows and ‘‘(a) RESERVE MEMBERS.—A member of a Association, NARFE, and the National widowers of retired members, and de- reserve component holding a valid Uni- Committee to Preserve Social Security pendents; to the Committee on Armed formed Services Identification and Privilege and Medicare, NCPSSM. Services. Card shall be provided transportation on De- Now is the time to protect all Medi- Mr. BEGICH. Mr. President, today I partment of Defense aircraft, on a space- care beneficiaries from substantial and available basis, on the same basis as active unfair Part B premium increases next am introducing the Space Available duty members of the uniformed services year. I look forward to working with Equity Act. under any other provision of law or Depart- my colleagues in the Senate to pass the Members and retirees of the National ment of Defense regulation. Medicare Premium Fairness Act before Guard and Reserve, their families, and ‘‘(b) RESERVE RETIREES UNDER APPLICABLE the end of the year. surviving military spouses make great ELIGIBILITY AGE.—A member or former mem- sacrifices for our Nation. However, too ber of a reserve component who, but for By Mr. AKAKA: often these individuals do not receive being under the eligibility age applicable to S. 3953. A bill to amend title 38, the member under section 12731 of this title, the benefits they have earned for their otherwise would be eligible for retired pay United States Code, to provide benefits service. under chapter 1223 of this title shall be pro- for children with spina bifida of vet- For instance, members of the reserve vided transportation on Department of De- erans exposed to herbicides while serv- components and ‘‘gray area’’ retirees, fense aircraft, on a space-available basis, on ing in the Armed Forces during the National Guardsmen or Reservists eli- the same basis as members of the armed Vietnam era outside Vietnam, and for gible for retirement but under the age forces entitled to retired pay under any other purposes; to the Committee on of 60, have limited space-available other provision of law or Department of De- Veterans’ Affairs. travel privileges on Department of De- fense regulation. Mr. AKAKA. Mr. President, as chair- ‘‘(c) WIDOWS AND WIDOWERS OF RETIRED fense aircraft under current regulation. MEMBERS.— man of the Senate Committee on Vet- Their space-available travel benefits erans’ Affairs, today, I am introducing ‘‘(1) IN GENERAL.—An unremarried widow are restricted to the continental or widower of a member of the armed forces legislation that would expand an exist- United States and are not extended to described in paragraph (2) shall be provided ing VA benefit program for certain their dependents, unlike active duty transportation on Department of Defense children with spina bifida. These bene- members and retirees. aircraft, on a space-available basis, on the fits are currently provided under chap- Surviving spouses of a military mem- same basis as members of the armed forces entitled to retired pay under any other pro- ter 18 of title 38, United States Code, to ber eligible for retired pay retain no the natural children of veterans who vision of law or Department of Defense regu- space-available travel privileges at all lation. were exposed to herbicides such as after the death of their spouse, despite Agent Orange, in Vietnam or near the ‘‘(2) MEMBERS COVERED.—A member of the having made a lifetime commitment to armed forces referred to in paragraph (1) is a Demilitarized Zone, DMZ, in Korea the military or in many cases, lost member who— during the Vietnam era. their loved one in war. ‘‘(A) is entitled to retired pay; Current law provides benefits for the ‘‘(B) dies in line of duty while on active natural children of veterans exposed to To correct these inequities, I am in- troducing the National Guard, Reserve, duty and is not eligible for retired pay; or herbicides only if the veteran served in ‘‘(C) in the case of a member of a reserve a specific location, during a specific Gray Area Retiree, and Surviving component, dies as a result of a line of duty time frame. VA reports that 1,222 Spouse Space-available Travel Equity condition and is not eligible for retired pay. childen currently receive these benefits Act. This bill will give these deserving ‘‘(d) DEPENDENTS.—A dependent of a mem- and that only 10 of these receive them individuals comprehensive and equi- ber or former member described in either subsections (a) or (b) or of a deceased mem- based on the service of a parent who table space-available travel privileges on Department of Defense aircraft. The ber entitled to retired pay holding a valid served in outside of Vietnam. Uniformed Services Identification and Privi- However, VA has conceded that cer- bill is endorsed by the National Guard Association of the United States. lege Card and a surviving unremarried tain veterans who worked on the pe- spouse and the surviving dependent of a de- rimeter of Air Force bases in Thailand I urge my colleagues to join me in ceased member or former member described outside of the locations provided in giving parity to our reserve component in subsection (b) holding a valid Uniformed current law during the Vietnam era members and surviving military Services Identification and Privilege Card were exposed to herbicides. As a result, spouses. shall be provided transportation on Depart- children of those veterans suffering Mr. President, I ask unanimous con- ment of Defense aircraft, on a space-avail- sent that the text of the bill be printed able basis, if the dependent is accompanying from spina bifida are excluded from the the member or, in the case of a deceased benefits provided based solely on where in the RECORD. member, is the surviving unremarried spouse the exposure occurred. There being no objection, the text of of the deceased member or is a dependent ac- The legislation I am introducing the bill was ordered to be printed in companying the surviving unremarried today would correct this inequity. Be- the RECORD, as follows: spouse of the deceased member.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17737 ‘‘(e) DEFINITION OF DEPENDENT.—In this ‘‘§ 1063a. Use of commissary stores and MWR dency programs spend GME funding to section, the term ‘dependent’ has the mean- retail facilities: former members retired or train residents in new models of care ing given that term in section 1072 of this separated for physical disability and updated technology. Some medical title.’’. ‘‘(a) ELIGIBILITY OF FORMER MEMBERS.—A residents, including those in my state, (b) CLERICAL AMENDMENT.—The table of former member of the armed forces who was are already trained in these areas, but sections at the beginning of such chapter is retired or separated from the armed forces amended by inserting after the item relating for physical disability under chapter 61 of that is not the case in programs to section 2651 the following new item: this title shall be permitted to use com- throughout the country. This legisla- ‘‘2652. Space-available travel on department missary stores and MWR retail facilities on tion would encourage reform in every of defense aircraft: reserve the same basis as members of the armed program by linking three percent of in- members, reserve members eli- forces on active duty. direct medical education payments to ‘‘(b) MWR RETAIL FACILITY DEFINED.—In gible for retired pay but for teaching hospitals to the performance this section, the term ‘MWR retail facility’ age; widows and widowers of re- has the meaning given that term in section of residency programs. Medical col- tired members and depend- 1063(e) of this title.’’. leges, accrediting bodies, and other ents.’’. (b) CLERICAL AMENDMENT.—The table of stakeholders that are most familiar sections at the beginning of chapter 54 of with how to train residents would set By Mr. BEGICH: such title is amended by inserting after the the specific performance measures. S. 3956. A bill to amend title 10, item relating to section 1063 the following This new oversight would help to break United States Code, to permit the use new item: down the silos in medicine and ensure of commissary and exchange facilities ‘‘1063a. Use of commissary stores and MWR that physicians work together to pro- by former members of the Armed retail facilities: former mem- vide patients with comprehensive Forces who were retired or separated bers retired or separated for health care. for physical disability; to the Com- physical disability.’’. mittee on Armed Services. These are important and sensible re- By Mr. REED (for himself and forms. As I said, many programs Mr. BEGICH. Mr. President, I am in- Mr. WHITEHOUSE): troducing a bill to provide medically throughout the country have already S. 3957. A bill to establish a medical acted in this manner. But, since it is separated servicemembers and their education trust fund, and for other pur- family continued access to com- often most effective to have a reason- poses; to the Committee on Finance. able balance of oversight and incen- missaries and exchanges. Unfortu- Mr. REED. Mr. President, today I in- tives, this legislation would provide a nately, these individuals lose many troduce the Graduate Medical Edu- bonus payment to programs that train benefits upon their honorable discharge cation Reform Act of 2010 along with at least one-third of all residents in from the military for disabilities and my colleague Senator WHITEHOUSE. injuries which prevent them con- During my tenure in Congress, I have primary care. tinuing service. worked to ensure that medical schools In addition, this legislation would These servicemembers have served and teaching hospitals have adequate transform the way that children’s hos- their country dutifully. They have resources to train the next generation pitals receive payments for training earned the right to retain commissary of doctors. I have championed legisla- the future health care workforce by and exchange privileges after being tion to improve the financing of GME taking those payments out of the dis- honorably discharged for disabilities payments to teaching hospitals and an- cretionary appropriations process and that prevent further service and may nually spearhead efforts to increase providing mandatory, stable funding preclude certain types of employment grant funding for health professions every year through a new trust fund.It thus hindering their ability to provide programs through the appropriations would also extend residency training for their families. process. In addition, the new health in- funds to children’s psychiatric hos- My legislation will give commissary surance reform law contains an entire pitals and women and infants hos- and exchange privileges to individuals title of workforce provisions, many of pitals. There are just a handful of hos- medically separated from the military which I helped to write. The consistent pitals around the country that fall in to ease economic hardships faced after goal of these efforts has been to sup- these two categories, including two in their discharge. Additionally, by grant- port our future health care workforce Rhode Island. Indeed, they should also ing commissary and exchange privi- and improve the care that patients re- have access to the resources necessary leges to these Soldiers, Sailors, Air- ceive. The GME Reform Act is an ex- to support the training of residents. men, and Marines they will be able to tension of those efforts. I am pleased that the GME Reform The legislation challenges recent stay connected to their military com- Act is supported by the only medical statements by some experts that Medi- munities. school in my state, the Warren Alpert care overpays teaching hospitals to Medical School of Brown University. This legislation is supported by the train medical residents by increasing My colleagues, Leader REID, Senator National Guard Association of the federal oversight of medical residency NELSON of Florida, and Senator SCHU- United States. I hope my colleagues programs. For most teaching hospitals, will join me in this effort to honor and MER have also taken great interest in which incur higher costs than other supporting our future health care recognize the sacrifices of our disabled hospitals, this funding is essential to servicemembers. workforce by championing legislation support residency programs and pro- to increase the number of physicians Mr. President, I ask unanimous con- vide high-quality patient care. In addi- trained each year. This effort is vitally sent that the text of the bill be printed tion, now is not the time to starve important to ending the shortage of in the RECORD. these important programs of the fund- primary care providers in many areas, There being no objection, the text of ing necessary to train our future responding to the increased demand of the bill was ordered to be printed in health care workforce since 30 million a growing and aging population, and the RECORD, as follows: more Americans will gain access to preparing for the implementation of S. 3956 health insurance in 2014. the new health insurance reform law. I Be it enacted by the Senate and House of Rep- First, the legislation would enhance resentatives of the United States of America in GME payment transparency. New in- look forward to continuing to support Congress assembled, formation about the amount of GME their efforts and working with them on the GME Reform Act as well. SECTION 1. USE OF COMMISSARY AND EX- funding that teaching hospitals receive CHANGE FACILITIES BY FORMER respective to the costs to remain oper- Mr. President, I ask unanimous con- MEMBERS OF THE ARMED FORCES sent that the text of the bill be printed WHO WERE RETIRED OR SEPARATED ational would demonstrate that more ECORD FOR PHYSICAL DISABILITY. could be done to support these impor- in the R . (a) IN GENERAL.—Chapter 54 of title 10, tant programs. There being no objection, the text of United States Code, is amended by inserting The GME Reform Act would also en- the bill was ordered to be printed in after section 1063 the following new section: sure that teaching hospitals and resi- the RECORD, as follows:
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S. 3957 ‘‘(cc) FINAL SET OF MEASURES.—Not later apply to payments to eligible hospitals in a Be it enacted by the Senate and House of Rep- than June 30, 2013, the Secretary shall pub- similar manner as such provisions apply to resentatives of the United States of America in lish in the Federal Register the set of meas- payments to children’s hospitals under such Congress assembled, ures to be specified by the Secretary for use section 340E, except that— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. under this clause. ‘‘(A) payments to eligible hospitals under (a) SHORT TITLE.—This Act may be cited as ‘‘(IV) ADJUSTMENT.—Subject to subclause the program shall be made from the Medical the ‘‘Graduate Medical Education Reform (V), the Secretary shall determine the Education Trust Fund under section 9512 of Act of 2010’’. amount of any adjustment under this clause the Internal Revenue Code of 1986; and (b) TABLE OF CONTENTS.—The table of con- to payments to a hospital under this sub- ‘‘(B) the total of the payments made to eli- tents of this Act is as follows: paragraph in an applicable period. Such ad- gible hospitals under the program in an ap- justment may not exceed an amount equal to plicable period shall not exceed an amount Sec. 1. Short title; table of contents. Sec. 2. Medicare indirect medical education 3 percent of the total amount that the hos- equal to— performance adjustment and pital would otherwise receive under this sub- ‘‘(i) the funds appropriated to such Trust primary care training bonus. paragraph in such period. Fund under subsection (b)(1) of such section Sec. 3. Payments for graduate medical edu- ‘‘(V) BUDGET NEUTRAL.—In making adjust- 9512 for the fiscal year ending on September cation to hospitals not other- ments under this clause, the Secretary shall 30 of such applicable period; minus wise eligible for payments ensure that the total amount of payments ‘‘(ii) the total amount of payments made under the Medicare program. made to all hospitals under this subpara- to hospitals under section 1886(d)(5)(B)(xiii) Sec. 4. Increasing graduate medical edu- graph for an applicable period is equal to the in applicable period. cation transparency. total amount of payments that would have ‘‘(b) ELIGIBLE HOSPITAL DEFINED.—In this Sec. 5. Establishment of trust fund. been made to such hospitals under this sub- section, the term ‘eligible hospital’ means Sec. 6. Partial financing for trust fund from paragraph in such period if this clause and the following hospitals: fees on insured and self-insured clause (xii)(III) had not been enacted. ‘‘(1) A children’s hospital (as defined in sec- health plans. ‘‘(VI) PRIMARY CARE DEFINED.—In this tion 340E(g)(2) of the Public Health Service SEC. 2. MEDICARE INDIRECT MEDICAL EDU- clause, the term ‘primary care’ means family Act). CATION PERFORMANCE ADJUST- medicine, general internal medicine, general ‘‘(2) A freestanding psychiatric hospital MENT AND PRIMARY CARE TRAIN- pediatrics, preventive medicine, obstetrics that has— ING BONUS. and gynecology, and psychiatry. ‘‘(A) 90 percent or more inpatients under Section 1886(d)(5)(B) of the Social Security ‘‘(VII) APPLICABLE PERIOD DEFINED.—In this the age of 18; Act (42 U.S.C. 1395ww(d)(1)(B)) is amended— clause, the term ‘applicable period’ means ‘‘(B) its own Medicare provider number as (1) by redesignating the clause (x) as added the 12-month period beginning on July 1 of of December 6, 1999; and by section 5505(b) of the Patient Protection each year (beginning with 2013). ‘‘(C) an accredited residency program. and Affordable Care Act as clause (xi); and ‘‘(xiii) BONUS PAYMENT FOR TRAINING IN PRI- ‘‘(3) A hospital— (2) by adding at the end the following new MARY CARE.— ‘‘(A) that annually has at least 3,000 births; clauses: ‘‘(I) IN GENERAL.—Subject to subclause ‘‘(B) for which less than 4 percent of the ‘‘(xii) ADJUSTMENT FOR PERFORMANCE.— (III), in the case of discharges occurring dur- total annual discharges from the hospital are ‘‘(I) IN GENERAL.—The Secretary shall es- ing an applicable period, in addition to the Medicare discharges of individuals who, as of tablish and implement procedures under amount of payments that a hospital receives the time of the discharge— which the amount of payments that a hos- for indirect medical education costs under ‘‘(i) were entitled to, or enrolled for, bene- pital would otherwise receive for indirect this subparagraph for such discharges (deter- fits under part A; and medical education costs under this subpara- mined after any adjustment under clause ‘‘(ii) were not enrolled in— graph for discharges occurring during an ap- (xii)), there shall also be paid to the hospital ‘‘(I) a Medicare Advantage plan under part plicable period is adjusted based on the per- an amount equal to 1 percent of such pay- C; formance of the hospital on measures of ments if, during such applicable period, at ‘‘(II) an eligible organization under section health care work force priorities specified by least 33 percent of full-time equivelent resi- 1876; or the Secretary. dents (excluding fellowships) enrolled in the ‘‘(III) a PACE program under section 1894; ‘‘(II) MEASURES.—The measures of health hospital’s medical residency training pro- ‘‘(C) that has its own Medicare provider care workforce priorities specified by the grams were enrolled in medical residency number; and Secretary under this clause shall include the training programs in primary care (as de- ‘‘(D) that has an accredited residency pro- extent of training provided in— fined in clause (xii)(VI)). gram. ‘‘(aa) primary care (as defined in subclause ‘‘(II) PAYMENTS FROM MEDICAL EDUCATION ‘‘(c) APPLICABLE PERIOD DEFINED.—In this (VII)), excluding fellowships; TRUST FUND.—Payments to hospitals under section, the term ‘applicable period’ has the ‘‘(bb) a variety of settings and systems; subclause (I) shall be made from the Medical meaning given that term in section ‘‘(cc) the coordination of patient care Education Trust Fund under section 9512 of 1886(d)(5)(B)(xii)(VII). across settings; the Internal Revenue Code of 1986. ‘‘(d) REGULATIONS.—The Secretary shall ‘‘(dd) the relevant cost and value of various ‘‘(III) LIMITATION.—The total of the pay- promulgate regulations to carry out this sec- diagnostic and treatment options; ments made to eligible hospitals under sub- tion.’’. ‘‘(ee) interprofessional and multidisci- clause (I) with respect to an applicable pe- plinary care teams; riod shall not exceed an amount equal to the SEC. 4. INCREASING GRADUATE MEDICAL EDU- ‘‘(ff) methods for identifying system errors funds appropriated to such Trust Fund under CATION TRANSPARENCY. and implementing system solutions; and subsection (b)(1) of such section 9512 for the (a) IN GENERAL.—Not later than 2 years ‘‘(gg) the use of health information tech- fiscal year ending on September 30 of such after the date of the enactment of this Act, nology. applicable period.’’. and annually thereafter, the Secretary of ‘‘(III) MEASURE DEVELOPMENT PROCE- SEC. 3. PAYMENTS FOR GRADUATE MEDICAL Health and Human Services shall submit to DURES.— EDUCATION TO HOSPITALS NOT Congress and the National Health Care ‘‘(aa) IN GENERAL.—The measures of health OTHERWISE ELIGIBLE FOR PAY- Workforce Commission under section 5101 of care workforce priorities specified by the MENTS UNDER THE MEDICARE PRO- the Patient Protection and Affordable Care Secretary under this clause shall be meas- GRAM. Act a report on the graduate medical edu- ures that have been adopted or endorsed by Title XVIII of the Social Security Act (42 cation payments that hospitals receive under a consensus organization (such as the Ac- U.S.C. 1395 et seq.) is amended by adding at the Medicare program. The report shall in- creditation Council for Graduate Medical the end the following new section: clude the following information with respect Education or the Commission on Osteopathic ‘‘GRADUATE MEDICAL EDUCATION PAYMENTS to each hospital that receives such pay- College Accreditation), that include meas- FOR HOSPITALS NOT OTHERWISE ELIGIBLE ments: ures that have been submitted by teaching ‘‘SEC. 1899B. (a) PROGRAM.— (1) The direct graduate medical education hospitals and medical schools, and that the ‘‘(1) IN GENERAL.—The Secretary shall es- payments made to the hospital under section Secretary identifies as having used a con- tablish a program under which payments are 1886(h) of the Social Security Act (42 U.S.C. sensus-based process for developing such made to eligible hospitals for each applicable 1395ww(h)). measures. period for direct expenses and indirect ex- (2) The indirect medical education pay- ‘‘(bb) PROPOSED SET OF MEASURES.—Not penses associated with operating approved ments made to the hospital under section later than January 1, 2013, the Secretary graduate medical residency training pro- 1886(d)(5)(B) of such Act (42 U.S.C. shall publish in the Federal Register a pro- grams. 1395ww(d)(1)(B)). posed set of measures for use under this ‘‘(2) REQUIREMENTS.—Under the program (3) The number of residents counted for clause. The Secretary shall provide for a pe- under paragraph (1), the provisions of section purposes of making the payments described riod of public comment on such measures. 340E of the Public Health Service Act shall in paragraph (1).
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17739 (4) The number of residents counted for SEC. 6. PARTIAL FINANCING FOR TRUST FUND the conditional basis described in section 5, purposes of making the payments described FROM FEES ON INSURED AND SELF- an alien who is inadmissible or deportable in paragraph (2). INSURED HEALTH PLANS. from the United States, if the alien dem- (5) The number of residents, if any, that (a) IMPOSITION OF FEE.—Section 4375(a) of onstrates that— are not counted for purposes of making pay- the Internal Revenue Code of 1986 is amend- (A) the alien has been physically present in ments described in paragraph (1). ed— the United States for a continuous period of (6) The number of residents, if any, that (1) by striking ‘‘$2’’ and inserting ‘‘$4’’; and not less than 5 years immediately preceding are not counted for purposes of making pay- (2) by striking ‘‘$1’’ and inserting ‘‘$3’’. the date of enactment of this Act and was ments described in paragraph (2). (b) CONFORMING AMENDMENT TO THE PA- younger than 16 years of age on the date the (7) The percent that the payments de- TIENT-CENTERED OUTCOMES RESEARCH TRUST alien initially entered the United States; scribed in paragraphs (1) and (2) that are FUND.—Section 9511(b)(1)(E) of the Internal (B) the alien has been a person of good made to the hospital make up of the total Revenue Code of 1986 is amended by inserting moral character since the date of the enact- costs that the hospital incurs in providing ‘‘one-half (or, in the case of fiscal year 2013, ment of this Act; graduate medical education, including sala- one-third) of’’ after ‘‘equivalent to’’. (C) the alien— ries, benefits, operational expenses, and all (i) is not inadmissible under paragraph (2), other patient care costs. By Mr. DURBIN (for himself, Mr. (3), (6)(E), (10)(A), or (10)(C) of section 212(a) LEAHY, and Mr. LUGAR): of the Immigration and Nationality Act (8 SEC. 5. ESTABLISHMENT OF TRUST FUND. S. 3962. A bill to authorize the can- U.S.C. 1182(a)); and (a) IN GENERAL.—Subchapter A of chapter cellation of removal and adjustment of (ii) is not deportable under paragraph 98 of the Internal Revenue Code of 1986 (re- status of certain alien students who (1)(E), (2), or (4) of section 237(a) of the Immi- lating to establishment of trust funds) is are long-term United States residents gration and Nationality Act (8 U.S.C. amended by adding at the end the following and who entered the United States as 1227(a)); new section: children and for other purposes; read (D) the alien— ‘‘SEC. 9512. MEDICAL EDUCATION TRUST FUND. (i) has been admitted to an institution of the first time. higher education in the United States; or ‘‘(a) CREATION OF TRUST FUND.—There is Mr. DURBIN. Mr. President, I ask (ii) has earned a high school diploma or ob- established in the Treasury of the United unanimous consent that the text of the tained a general education development cer- States a trust fund to be known as the ‘Med- bill be printed in the RECORD. tificate in the United States; ical Education Trust Fund’ (hereafter in this There being no objection, the text of (E) the alien has never been under a final section referred to as the ‘Trust Fund’), con- the bill was ordered to be printed in administrative or judicial order of exclusion, sisting of such amounts as may be appro- the RECORD, as follows: deportation, or removal, unless the alien— priated or credited to such Trust Fund as (i) has remained in the United States under S. 3962 provided in this section and section 9602(b). color of law after such order was issued; or Be it enacted by the Senate and House of Rep- ‘‘(b) TRANSFERS TO FUND.— (ii) received the order before attaining the resentatives of the United States of America in ‘‘(1) APPROPRIATIONS.—There are hereby age of 16 years; and appropriated to the Trust Fund in each fiscal Congress assembled, (F) the alien was younger than 35 years of year (beginning with fiscal year 2013) the SECTION 1. SHORT TITLE. age on the date of the enactment of this Act. sum of an amount equivalent to one-half (or, This Act may be cited as the ‘‘Develop- (2) WAIVER.—Notwithstanding paragraph in the case of fiscal year 2013, two-thirds) of ment, Relief, and Education for Alien Minors (1), the Secretary of Homeland Security may the net revenues received in the Treasury Act of 2010’’ or the ‘‘DREAM Act of 2010’’. waive the ground of ineligibility under sec- from the fees imposed under subchapter B of SEC. 2. TABLE OF CONTENTS. tion 212(a)(6)(E) of the Immigration and Na- chapter 34 (relating to fees on health insur- The table of contents for this Act is as fol- tionality Act and the ground of deportability ance and self-insured plans). lows: under paragraph (1)(E) of section 237(a) of ‘‘(2) LIMITATION ON TRANSFERS.—No amount Sec. 1. Short title. that Act for humanitarian purposes or fam- may be appropriated or transferred to the Sec. 2. Table of contents. ily unity or when it is otherwise in the pub- Trust Fund on and after the date of any ex- Sec. 3. Definitions. lic interest. penditure from the Trust Fund which is not Sec. 4. Cancellation of removal and adjust- (3) PROCEDURES.—The Secretary of Home- an expenditure permitted under this section. ment of status of certain long- land Security shall provide a procedure by The determination of whether an expendi- term residents who entered the regulation allowing eligible individuals to ture is so permitted shall be made without United States as children. apply affirmatively for the relief available regard to— Sec. 5. Conditional permanent resident sta- under this subsection without being placed ‘‘(A) any provision of law which is not con- tus. in removal proceedings. tained or referenced in this chapter or in a Sec. 6. Retroactive benefits under this Act. (4) DEADLINE FOR SUBMISSION OF APPLICA- revenue Act; and Sec. 7. Exclusive jurisdiction. TION.—An alien shall submit an application ‘‘(B) whether such provision of law is a Sec. 8. Penalties for false statements in ap- for cancellation of removal or adjustment of subsequently enacted provision or directly or plication. status under this subsection no later than indirectly seeks to waive the application of Sec. 9. Confidentiality of information. the date that is one year after the date the this paragraph. Sec. 10. Higher Education assistance. alien— (A) was admitted to an institution of high- ‘‘(c) TRUSTEE.—The Secretary of Health Sec. 11. GAO report. er education in the United States; or and Human Services shall be a trustee of the SEC. 3. DEFINITIONS. (B) earned a high school diploma or ob- Trust Fund. In this Act: (1) INSTITUTION OF HIGHER EDUCATION.—The tained a general education development cer- ‘‘(d) EXPENDITURES FROM TRUST FUND.— term ‘‘institution of higher education’’ has tificate in the United States. Amounts in the Trust Fund are available, the meaning given that term in section 101 of without further appropriation, to the Sec- (b) TERMINATION OF CONTINUOUS PERIOD.— the Higher Education Act of 1965 (20 U.S.C. retary of Health and Human Services for For purposes of this section, any period of 1001). making payments under sections continuous residence or continuous physical (2) UNIFORMED SERVICES.—The term ‘‘uni- 1886(d)(5)(B)(xiii) and 1899B of the Social Se- presence in the United States of an alien who formed services’’ has the meaning given that curity Act. applies for cancellation of removal under term in section 101(a) of title 10, United this section shall not terminate when the ‘‘(e) NET REVENUES.—For purposes of this States Code. alien is served a notice to appear under sec- section, the term ‘net revenues’ means the SEC. 4. CANCELLATION OF REMOVAL AND AD- tion 239(a) of the Immigration and Nation- amount estimated by the Secretary of the JUSTMENT OF STATUS OF CERTAIN ality Act (8 U.S.C. 1229(a)). Treasury based on the excess of— LONG-TERM RESIDENTS WHO EN- ‘‘(1) the fees received in the Treasury under TERED THE UNITED STATES AS (c) TREATMENT OF CERTAIN BREAKS IN subchapter B of chapter 34, over CHILDREN. PRESENCE.— ‘‘(2) the decrease in the tax imposed by (a) SPECIAL RULE FOR CERTAIN LONG-TERM (1) IN GENERAL.—An alien shall be consid- chapter 1 resulting from the fees imposed by RESIDENTS WHO ENTERED THE UNITED STATES ered to have failed to maintain continuous such subchapter.’’. AS CHILDREN.— physical presence in the United States under (1) IN GENERAL.—Notwithstanding any subsection (a) if the alien has departed from (b) CLERICAL AMENDMENT.—The table of sections for subchapter A of chapter 98 of the other provision of law and except as other- the United States for any period in excess of Internal Revenue Code of 1986 is amended by wise provided in this Act, the Secretary of 90 days or for any periods in the aggregate adding at the end the following new item: Homeland Security may cancel removal of, exceeding 180 days. and adjust to the status of an alien lawfully (2) EXTENSIONS FOR EXCEPTIONAL CIR- ‘‘Sec. 9512. Medical Education Trust Fund.’’. admitted for permanent residence, subject to CUMSTANCES.—The Secretary of Homeland
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17740 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 Security may extend the time periods de- paragraph (1) shall return to the immigra- (ii) The alien has served in the uniformed scribed in paragraph (1) if the alien dem- tion status the alien had immediately prior services for at least 2 years and, if dis- onstrates that the failure to timely return to to receiving conditional permanent resident charged, has received an honorable dis- the United States was due to exceptional cir- status under this Act. charge. cumstances. The exceptional circumstances (c) REQUIREMENTS OF TIMELY PETITION FOR (E) The alien has provided a list of each determined sufficient to justify an extension REMOVAL OF CONDITION.— secondary school (as that term is defined in should be no less compelling than serious ill- (1) IN GENERAL.—In order for the condi- section 9101 of the Elementary and Sec- ness of the alien, or death or serious illness tional basis of permanent resident status ob- ondary Education Act of 1965 (20 U.S.C. 7801)) of a parent, grandparent, sibling, or child. tained by an alien under subsection (a) to be that the alien attended in the United States. (d) EXEMPTION FROM NUMERICAL LIMITA- removed, the alien must file with the Sec- (2) HARDSHIP EXCEPTION.— TIONS.—Nothing in this section may be con- retary of Homeland Security, in accordance (A) IN GENERAL.—The Secretary of Home- strued to apply a numerical limitation on with paragraph (3), a petition which requests land Security may, in the Secretary’s discre- the number of aliens who may be eligible for the removal of such conditional basis and tion, remove the conditional status of an cancellation of removal or adjustment of which provides, under penalty of perjury, the alien if the alien— status under this section. facts and information so that the Secretary (i) satisfies the requirements of subpara- (e) REGULATIONS.— may make the determination described in graphs (A), (B), and (C) of paragraph (1); (1) PROPOSED REGULATIONS.—Not later than paragraph (2)(A). (ii) demonstrates compelling cir- 180 days after the date of enactment of this (2) ADJUDICATION OF PETITION TO REMOVE cumstances for the inability to complete the Act, the Secretary of Homeland Security CONDITION.— requirements described in paragraph (1)(D); shall publish proposed regulations imple- (A) IN GENERAL.—If a petition is filed in ac- and menting this section. Such regulations shall cordance with paragraph (1) for an alien, the (iii) demonstrates that the alien’s removal be effective immediately on an interim basis, Secretary of Homeland Security shall make from the United States would result in ex- but are subject to change and revision after a determination as to whether the alien ceptional and extremely unusual hardship to public notice and opportunity for a period meets the requirements set out in subpara- the alien or the alien’s spouse, parent, or for public comment. graphs (A) through (E) of subsection (d)(1). child who is a citizen or a lawful permanent (2) INTERIM, FINAL REGULATIONS.—Within a (B) REMOVAL OF CONDITIONAL BASIS IF FA- resident of the United States. reasonable time after publication of the in- VORABLE DETERMINATION.—If the Secretary (B) EXTENSION.—Upon a showing of good terim regulations in accordance with para- determines that the alien meets such re- cause, the Secretary of Homeland Security graph (1), the Secretary of Homeland Secu- quirements, the Secretary shall notify the may extend the period of conditional resi- rity shall publish final regulations imple- alien of such determination and immediately dent status for the purpose of completing the menting this section. remove the conditional basis of the status of requirements described in paragraph (1)(D). (f) REMOVAL OF ALIEN.—The Secretary of the alien. (e) TREATMENT OF PERIOD FOR PURPOSES OF Homeland Security may not remove any (C) TERMINATION IF ADVERSE DETERMINA- NATURALIZATION.—For purposes of title III of alien who has a pending application for con- TION.—If the Secretary determines that the the Immigration and Nationality Act (8 ditional status under this Act. alien does not meet such requirements, the U.S.C. 1401 et seq.), in the case of an alien SEC. 5. CONDITIONAL PERMANENT RESIDENT Secretary shall notify the alien of such de- who is in the United States as a lawful per- STATUS. termination and terminate the conditional manent resident on a conditional basis under (a) IN GENERAL.— permanent resident status of the alien as of this section, the alien shall be considered to (1) CONDITIONAL BASIS FOR STATUS.—Not- the date of the determination. have been admitted as an alien lawfully ad- withstanding any other provision of law, and (3) TIME TO FILE PETITION.—An alien may mitted for permanent residence and to be in except as provided in section 6, an alien petition to remove the conditional basis to the United States as an alien lawfully admit- whose status has been adjusted under section lawful resident status during the period be- ted to the United States for permanent resi- 4 to that of an alien lawfully admitted for ginning 180 days before and ending 2 years dence. However, the conditional basis must permanent residence shall be considered to after either the date that is 6 years after the be removed before the alien may apply for naturalization. have obtained such status on a conditional date of the granting of conditional perma- basis subject to the provisions of this sec- nent resident status or any other expiration SEC. 6. RETROACTIVE BENEFITS UNDER THIS ACT. tion. Such conditional permanent resident date of the conditional permanent resident If, on the date of enactment of this Act, an status shall be valid for a period of 6 years, status as extended by the Secretary of alien has satisfied all the requirements of Homeland Security in accordance with this subject to termination under subsection (b). subparagraphs (A) through (E) of section (2) NOTICE OF REQUIREMENTS.— Act. The alien shall be deemed in conditional 4(a)(1) and section 5(d)(1)(D), the Secretary of (A) AT TIME OF OBTAINING PERMANENT RESI- permanent resident status in the United Homeland Security may adjust the status of DENCE.—At the time an alien obtains perma- States during the period in which the peti- the alien to that of a conditional resident in nent resident status on a conditional basis tion is pending. accordance with section 4. The alien may pe- under paragraph (1), the Secretary of Home- (d) DETAILS OF PETITION.— tition for removal of such condition at the land Security shall provide for notice to the (1) CONTENTS OF PETITION.—Each petition end of the conditional residence period in ac- alien regarding the provisions of this section for an alien under subsection (c)(1) shall con- cordance with section 5(c) if the alien has and the requirements of subsection (c) to tain information to permit the Secretary of met the requirements of subparagraphs (A), have the conditional basis of such status re- Homeland Security to determine whether (B), and (C) of section 5(d)(1) during the en- moved. each of the following requirements is met: tire period of conditional residence. (B) EFFECT OF FAILURE TO PROVIDE NO- (A) The alien has demonstrated good moral SEC. 7. EXCLUSIVE JURISDICTION. TICE.—The failure of the Secretary of Home- character during the entire period the alien (a) IN GENERAL.—The Secretary of Home- land Security to provide a notice under this has been a conditional permanent resident. land Security shall have exclusive jurisdic- paragraph— (B) The alien is in compliance with section tion to determine eligibility for relief under (i) shall not affect the enforcement of the 4(a)(1)(C). this Act, except where the alien has been provisions of this Act with respect to the (C) The alien has not abandoned the alien’s placed into deportation, exclusion, or re- alien; and residence in the United States. The Sec- moval proceedings either prior to or after fil- (ii) shall not give rise to any private right retary shall presume that the alien has aban- ing an application for relief under this Act, of action by the alien. doned such residence if the alien is absent in which case the Attorney General shall (b) TERMINATION OF STATUS.— from the United States for more than 365 have exclusive jurisdiction and shall assume (1) IN GENERAL.—The Secretary of Home- days, in the aggregate, during the period of all the powers and duties of the Secretary land Security shall terminate the condi- conditional residence, unless the alien dem- until proceedings are terminated, or if a tional permanent resident status of any onstrates that the alien has not abandoned final order of deportation, exclusion, or re- alien who obtained such status under this the alien’s residence. An alien who is absent moval is entered the Secretary shall resume Act, if the Secretary determines that the from the United States due to active service all powers and duties delegated to the Sec- alien— in the uniformed services has not abandoned retary under this Act. (A) ceases to meet the requirements of sub- the alien’s residence in the United States (b) STAY OF REMOVAL OF CERTAIN ALIENS paragraph (B) or (C) of section 4(a)(1); during the period of such service. ENROLLED IN PRIMARY OR SECONDARY (B) has become a public charge; or (D) The alien has completed at least 1 of SCHOOL.—The Attorney General shall stay (C) has received a dishonorable or other the following: the removal proceedings of any alien who— than honorable discharge from the uni- (i) The alien has acquired a degree from an (1) meets all the requirements of subpara- formed services. institution of higher education in the United graphs (A), (B), (C), and (E) of section 4(a)(1); (2) RETURN TO PREVIOUS IMMIGRATION STA- States or has completed at least 2 years, in (2) is at least 12 years of age; and TUS.—Any alien whose conditional perma- good standing, in a program for a bachelor’s (3) is enrolled full time in a primary or sec- nent resident status is terminated under degree or higher degree in the United States. ondary school.
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(c) EMPLOYMENT.—An alien whose removal SEC. 11. GAO REPORT. wise provided in this Act, the Secretary of is stayed pursuant to subsection (b) may be Not later than seven years after the date of Homeland Security may cancel removal of, engaged in employment in the United States enactment of this Act, the Comptroller Gen- and adjust to the status of an alien lawfully consistent with the Fair Labor Standards eral of the United States shall submit to the admitted for permanent residence, subject to Act (29 U.S.C. 201 et seq.) and State and local Committee on the Judiciary of the Senate the conditional basis described in section 5, laws governing minimum age for employ- and the Committee on the Judiciary of the an alien who is inadmissible or deportable ment. House of Representatives a report setting from the United States, if the alien dem- (d) LIFT OF STAY.—The Attorney General forth— onstrates that— shall lift the stay granted pursuant to sub- (1) the number of aliens who were eligible (A) the alien has been physically present in section (b) if the alien— for cancellation of removal and adjustment the United States for a continuous period of (1) is no longer enrolled in a primary or of status under section 4(a); not less than 5 years immediately preceding secondary school; or (2) the number of aliens who applied for ad- the date of enactment of this Act and was (2) ceases to meet the requirements of sub- justment of status under section 4(a); younger than 16 years of age on the date the section (b)(1). (3) the number of aliens who were granted alien initially entered the United States; SEC. 8. PENALTIES FOR FALSE STATEMENTS IN adjustment of status under section 4(a); and (B) the alien has been a person of good APPLICATION. (4) the number of aliens whose conditional moral character since the date of the enact- Whoever files an application for relief permanent resident status was removed ment of this Act; under this Act and willfully and knowingly under section 5. (C) the alien— falsifies, misrepresents, or conceals a mate- (i) is not inadmissible under paragraph (2), rial fact or makes any false or fraudulent By Mr. DURBIN (for himself, Mr. (3), (6)(E), (10)(A), or (10)(C) of section 212(a) statement or representation, or makes or of the Immigration and Nationality Act (8 uses any false writing or document knowing LEAHY, and Mr. LUGAR): S. 3963. A bill to authorize the can- U.S.C. 1182(a)); and the same to contain any false or fraudulent (ii) is not deportable under paragraph statement or entry, shall be fined in accord- cellation of removal and adjustment of (1)(E), (2), or (4) of section 237(a) of the Immi- ance with title 18, United States Code, or im- status of certain alien students who gration and Nationality Act (8 U.S.C. prisoned not more than 5 years, or both. are long-term United States residents 1227(a)); SEC. 9. CONFIDENTIALITY OF INFORMATION. and who entered the United States as (D) the alien— (a) PROHIBITION.—Except as provided in children and for other purposes; read (i) has been admitted to an institution of subsection (b), no officer or employee of the the first time. higher education in the United States; or United States may— (ii) has earned a high school diploma or ob- (1) use the information furnished by the Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the tained a general education development cer- applicant pursuant to an application filed tificate in the United States; under this Act to initiate removal pro- bill be printed in the RECORD. (E) the alien has never been under a final ceedings against any persons identified in There being no objection, the text of administrative or judicial order of exclusion, the application; the bill was ordered to be printed in deportation, or removal, unless the alien— (2) make any publication whereby the in- the RECORD, as follows: (i) has remained in the United States under formation furnished by any particular indi- S. 3963 color of law after such order was issued; or vidual pursuant to an application under this Be it enacted by the Senate and House of Rep- (ii) received the order before attaining the Act can be identified; or age of 16 years; and resentatives of the United States of America in (3) permit anyone other than an officer or (F) the alien was younger than 30 years of Congress assembled, employee of the United States Government age on the date of the enactment of this Act. SECTION 1. SHORT TITLE. or, in the case of applications filed under (2) WAIVER.—Notwithstanding paragraph this Act with a designated entity, that des- This Act may be cited as the ‘‘Develop- (1), the Secretary of Homeland Security may ignated entity, to examine applications filed ment, Relief, and Education for Alien Minors waive the ground of ineligibility under sec- under this Act. Act of 2010’’ or the ‘‘DREAM Act of 2010’’. tion 212(a)(6)(E) of the Immigration and Na- (b) REQUIRED DISCLOSURE.—The Attorney SEC. 2. TABLE OF CONTENTS. tionality Act and the ground of deportability General or the Secretary of Homeland Secu- The table of contents for this Act is as fol- under paragraph (1)(E) of section 237(a) of rity shall provide the information furnished lows: that Act for humanitarian purposes or fam- under this section, and any other informa- Sec. 1. Short title. ily unity or when it is otherwise in the pub- tion derived from such furnished informa- Sec. 2. Table of contents. lic interest. tion, to— Sec. 3. Definitions. (3) PROCEDURES.—The Secretary of Home- (1) a duly recognized law enforcement enti- Sec. 4. Cancellation of removal and adjust- land Security shall provide a procedure by ty in connection with an investigation or ment of status of certain long- regulation allowing eligible individuals to prosecution of an offense described in para- term residents who entered the apply affirmatively for the relief available graph (2) or (3) of section 212(a) of the Immi- United States as children. under this subsection without being placed gration and Nationality Act (8 U.S.C. Sec. 5. Conditional permanent resident sta- in removal proceedings. 1182(a)), when such information is requested tus. (4) DEADLINE FOR SUBMISSION OF APPLICA- in writing by such entity; or Sec. 6. Retroactive benefits under this Act. TION.—An alien shall submit an application (2) an official coroner for purposes of af- Sec. 7. Exclusive jurisdiction. for cancellation of removal or adjustment of firmatively identifying a deceased individual Sec. 8. Penalties for false statements in ap- status under this subsection no later than (whether or not such individual is deceased plication. the date that is one year after the date the as a result of a crime). Sec. 9. Confidentiality of information. alien— (c) PENALTY.—Whoever knowingly uses, Sec. 10. Higher Education assistance. (A) was admitted to an institution of high- publishes, or permits information to be ex- Sec. 11. GAO report. er education in the United States; or amined in violation of this section shall be SEC. 3. DEFINITIONS. (B) earned a high school diploma or ob- fined not more than $10,000. In this Act: tained a general education development cer- SEC. 10. HIGHER EDUCATION ASSISTANCE. (1) INSTITUTION OF HIGHER EDUCATION.—The tificate in the United States. Notwithstanding any provision of the term ‘‘institution of higher education’’ has (b) TERMINATION OF CONTINUOUS PERIOD.— Higher Education Act of 1965 (20 U.S.C. 1001 the meaning given that term in section 101 of For purposes of this section, any period of et seq.), with respect to assistance provided the Higher Education Act of 1965 (20 U.S.C. continuous residence or continuous physical under title IV of the Higher Education Act of 1001). presence in the United States of an alien who 1965 (20 U.S.C. 1070 et seq.), an alien who ad- (2) UNIFORMED SERVICES.—The term ‘‘uni- applies for cancellation of removal under justs status to that of a lawful permanent formed services’’ has the meaning given that this section shall not terminate when the resident under this Act shall be eligible only term in section 101(a) of title 10, United alien is served a notice to appear under sec- for the following assistance under such title: States Code. tion 239(a) of the Immigration and Nation- (1) Student loans under parts B, D, and E of SEC. 4. CANCELLATION OF REMOVAL AND AD- ality Act (8 U.S.C. 1229(a)). such title IV (20 U.S.C. 1071 et seq., 1087a et JUSTMENT OF STATUS OF CERTAIN (c) TREATMENT OF CERTAIN BREAKS IN seq., 1087aa et seq.), subject to the require- LONG-TERM RESIDENTS WHO EN- PRESENCE.— ments of such parts. TERED THE UNITED STATES AS (1) IN GENERAL.—An alien shall be consid- (2) Federal work-study programs under CHILDREN. ered to have failed to maintain continuous part C of such title IV (42 U.S.C. 2751 et seq.), (a) SPECIAL RULE FOR CERTAIN LONG-TERM physical presence in the United States under subject to the requirements of such part. RESIDENTS WHO ENTERED THE UNITED STATES subsection (a) if the alien has departed from (3) Services under such title IV (20 U.S.C. AS CHILDREN.— the United States for any period in excess of 1070 et seq.), subject to the requirements for (1) IN GENERAL.—Notwithstanding any 90 days or for any periods in the aggregate such services. other provision of law and except as other- exceeding 180 days.
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(2) EXTENSIONS FOR EXCEPTIONAL CIR- nent resident status is terminated under (ii) The alien has served in the uniformed CUMSTANCES.—The Secretary of Homeland paragraph (1) shall return to the immigra- services for at least 2 years and, if dis- Security may extend the time periods de- tion status the alien had immediately prior charged, has received an honorable dis- scribed in paragraph (1) if the alien dem- to receiving conditional permanent resident charge. onstrates that the failure to timely return to status under this Act. (E) The alien has provided a list of each the United States was due to exceptional cir- (c) REQUIREMENTS OF TIMELY PETITION FOR secondary school (as that term is defined in cumstances. The exceptional circumstances REMOVAL OF CONDITION.— section 9101 of the Elementary and Sec- determined sufficient to justify an extension (1) IN GENERAL.—In order for the condi- ondary Education Act of 1965 (20 U.S.C. 7801)) should be no less compelling than serious ill- tional basis of permanent resident status ob- that the alien attended in the United States. ness of the alien, or death or serious illness tained by an alien under subsection (a) to be (2) HARDSHIP EXCEPTION.— of a parent, grandparent, sibling, or child. removed, the alien must file with the Sec- (A) IN GENERAL.—The Secretary of Home- (d) EXEMPTION FROM NUMERICAL LIMITA- retary of Homeland Security, in accordance land Security may, in the Secretary’s discre- TIONS.—Nothing in this section may be con- with paragraph (3), a petition which requests tion, remove the conditional status of an strued to apply a numerical limitation on the removal of such conditional basis and alien if the alien— the number of aliens who may be eligible for which provides, under penalty of perjury, the (i) satisfies the requirements of subpara- cancellation of removal or adjustment of facts and information so that the Secretary graphs (A), (B), and (C) of paragraph (1); status under this section. may make the determination described in (ii) demonstrates compelling cir- (e) REGULATIONS.— paragraph (2)(A). cumstances for the inability to complete the (1) PROPOSED REGULATIONS.—Not later than (2) ADJUDICATION OF PETITION TO REMOVE requirements described in paragraph (1)(D); 180 days after the date of enactment of this CONDITION.— and Act, the Secretary of Homeland Security (A) IN GENERAL.—If a petition is filed in ac- (iii) demonstrates that the alien’s removal shall publish proposed regulations imple- cordance with paragraph (1) for an alien, the from the United States would result in ex- menting this section. Such regulations shall Secretary of Homeland Security shall make ceptional and extremely unusual hardship to be effective immediately on an interim basis, a determination as to whether the alien the alien or the alien’s spouse, parent, or but are subject to change and revision after meets the requirements set out in subpara- child who is a citizen or a lawful permanent public notice and opportunity for a period graphs (A) through (E) of subsection (d)(1). resident of the United States. for public comment. (B) REMOVAL OF CONDITIONAL BASIS IF FA- (B) EXTENSION.—Upon a showing of good (2) INTERIM, FINAL REGULATIONS.—Within a VORABLE DETERMINATION.—If the Secretary cause, the Secretary of Homeland Security reasonable time after publication of the in- determines that the alien meets such re- may extend the period of conditional resi- terim regulations in accordance with para- quirements, the Secretary shall notify the dent status for the purpose of completing the graph (1), the Secretary of Homeland Secu- alien of such determination and immediately requirements described in paragraph (1)(D). rity shall publish final regulations imple- remove the conditional basis of the status of (e) TREATMENT OF PERIOD FOR PURPOSES OF menting this section. the alien. NATURALIZATION.—For purposes of title III of (f) REMOVAL OF ALIEN.—The Secretary of (C) TERMINATION IF ADVERSE DETERMINA- Homeland Security may not remove any the Immigration and Nationality Act (8 TION.—If the Secretary determines that the U.S.C. 1401 et seq.), in the case of an alien alien who has a pending application for con- alien does not meet such requirements, the ditional status under this Act. who is in the United States as a lawful per- Secretary shall notify the alien of such de- manent resident on a conditional basis under SEC. 5. CONDITIONAL PERMANENT RESIDENT termination and terminate the conditional STATUS. this section, the alien shall be considered to permanent resident status of the alien as of have been admitted as an alien lawfully ad- (a) IN GENERAL.— the date of the determination. mitted for permanent residence and to be in (1) CONDITIONAL BASIS FOR STATUS.—Not- (3) TIME TO FILE PETITION.—An alien may withstanding any other provision of law, and the United States as an alien lawfully admit- petition to remove the conditional basis to ted to the United States for permanent resi- except as provided in section 6, an alien lawful resident status during the period be- dence. However, the conditional basis must whose status has been adjusted under section ginning 180 days before and ending 2 years be removed before the alien may apply for 4 to that of an alien lawfully admitted for after either the date that is 6 years after the naturalization. permanent residence shall be considered to date of the granting of conditional perma- have obtained such status on a conditional SEC. 6. RETROACTIVE BENEFITS UNDER THIS nent resident status or any other expiration ACT. basis subject to the provisions of this sec- date of the conditional permanent resident If, on the date of enactment of this Act, an tion. Such conditional permanent resident status as extended by the Secretary of alien has satisfied all the requirements of status shall be valid for a period of 6 years, Homeland Security in accordance with this subparagraphs (A) through (E) of section subject to termination under subsection (b). Act. The alien shall be deemed in conditional 4(a)(1) and section 5(d)(1)(D), the Secretary of (2) NOTICE OF REQUIREMENTS.— permanent resident status in the United Homeland Security may adjust the status of (A) AT TIME OF OBTAINING PERMANENT RESI- States during the period in which the peti- the alien to that of a conditional resident in DENCE.—At the time an alien obtains perma- tion is pending. accordance with section 4. The alien may pe- nent resident status on a conditional basis (d) DETAILS OF PETITION.— tition for removal of such condition at the under paragraph (1), the Secretary of Home- (1) CONTENTS OF PETITION.—Each petition end of the conditional residence period in ac- land Security shall provide for notice to the for an alien under subsection (c)(1) shall con- cordance with section 5(c) if the alien has alien regarding the provisions of this section tain information to permit the Secretary of met the requirements of subparagraphs (A), and the requirements of subsection (c) to Homeland Security to determine whether (B), and (C) of section 5(d)(1) during the en- have the conditional basis of such status re- each of the following requirements is met: tire period of conditional residence. moved. (A) The alien has demonstrated good moral SEC. 7. EXCLUSIVE JURISDICTION. (B) EFFECT OF FAILURE TO PROVIDE NO- character during the entire period the alien (a) IN GENERAL.—The Secretary of Home- TICE.—The failure of the Secretary of Home- has been a conditional permanent resident. land Security shall have exclusive jurisdic- land Security to provide a notice under this (B) The alien is in compliance with section tion to determine eligibility for relief under paragraph— 4(a)(1)(C). this Act, except where the alien has been (i) shall not affect the enforcement of the (C) The alien has not abandoned the alien’s placed into deportation, exclusion, or re- provisions of this Act with respect to the residence in the United States. The Sec- moval proceedings either prior to or after fil- alien; and retary shall presume that the alien has aban- ing an application for relief under this Act, (ii) shall not give rise to any private right doned such residence if the alien is absent in which case the Attorney General shall of action by the alien. from the United States for more than 365 have exclusive jurisdiction and shall assume (b) TERMINATION OF STATUS.— days, in the aggregate, during the period of all the powers and duties of the Secretary (1) IN GENERAL.—The Secretary of Home- conditional residence, unless the alien dem- until proceedings are terminated, or if a land Security shall terminate the condi- onstrates that the alien has not abandoned final order of deportation, exclusion, or re- tional permanent resident status of any the alien’s residence. An alien who is absent moval is entered the Secretary shall resume alien who obtained such status under this from the United States due to active service all powers and duties delegated to the Sec- Act, if the Secretary determines that the in the uniformed services has not abandoned retary under this Act. alien— the alien’s residence in the United States (b) STAY OF REMOVAL OF CERTAIN ALIENS (A) ceases to meet the requirements of sub- during the period of such service. ENROLLED IN PRIMARY OR SECONDARY paragraph (B) or (C) of section 4(a)(1); (D) The alien has completed at least 1 of SCHOOL.—The Attorney General shall stay (B) has become a public charge; or the following: the removal proceedings of any alien who— (C) has received a dishonorable or other (i) The alien has acquired a degree from an (1) meets all the requirements of subpara- than honorable discharge from the uni- institution of higher education in the United graphs (A), (B), (C), and (E) of section 4(a)(1); formed services. States or has completed at least 2 years, in (2) is at least 12 years of age; and (2) RETURN TO PREVIOUS IMMIGRATION STA- good standing, in a program for a bachelor’s (3) is enrolled full time in a primary or sec- TUS.—Any alien whose conditional perma- degree or higher degree in the United States. ondary school.
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(c) EMPLOYMENT.—An alien whose removal SEC. 11. GAO REPORT. (2) commends the Penn State football pro- is stayed pursuant to subsection (b) may be Not later than seven years after the date of gram under head coach Joe Paterno for set- engaged in employment in the United States enactment of this Act, the Comptroller Gen- ting an example of honor, success, integrity, consistent with the Fair Labor Standards eral of the United States shall submit to the and respect for thousands of players, coach- Act (29 U.S.C. 201 et seq.) and State and local Committee on the Judiciary of the Senate es, students, and fans throughout the Nation. laws governing minimum age for employ- and the Committee on the Judiciary of the ment. House of Representatives a report setting f (d) LIFT OF STAY.—The Attorney General forth— shall lift the stay granted pursuant to sub- (1) the number of aliens who were eligible SENATE RESOLUTION 679—COM- section (b) if the alien— for cancellation of removal and adjustment (1) is no longer enrolled in a primary or MEMORATING THE 100TH ANNI- of status under section 4(a); VERSARY OF THE WEEKS LAW secondary school; or (2) the number of aliens who applied for ad- (2) ceases to meet the requirements of sub- justment of status under section 4(a); Mr. GREGG (for himself and Mrs. section (b)(1). (3) the number of aliens who were granted SHAHEEN) submitted the following reso- SEC. 8. PENALTIES FOR FALSE STATEMENTS IN adjustment of status under section 4(a); and lution; which was referred to the Com- APPLICATION. (4) the number of aliens whose conditional Whoever files an application for relief mittee on Agriculture, Nutrition, and permanent resident status was removed Forestry: under this Act and willfully and knowingly under section 5. falsifies, misrepresents, or conceals a mate- S. RES. 679 rial fact or makes any false or fraudulent f Whereas the 100th anniversary of the Act statement or representation, or makes or SUBMITTED RESOLUTIONS of March 1, 1911 (commonly known as the uses any false writing or document knowing ‘‘Weeks Law’’) (16 U.S.C. 552 et seq.), marks the same to contain any false or fraudulent 1 of the most significant moments in con- statement or entry, shall be fined in accord- ance with title 18, United States Code, or im- SENATE RESOLUTION 678—CON- servation and Forest Service history; prisoned not more than 5 years, or both. GRATULATING THE PENN STATE Whereas New Hampshire, along with the southern Appalachians, was at the center of SEC. 9. CONFIDENTIALITY OF INFORMATION. NITTANY LIONS FOR THEIR efforts to pass the Weeks Law; (a) PROHIBITION.—Except as provided in 400TH WIN UNDER HEAD FOOT- Whereas John Wingate Weeks, sponsor of subsection (b), no officer or employee of the BALL COACH JOE PATERNO United States may— the Weeks Law, was born in Lancaster, New (1) use the information furnished by the Mr. CASEY (for himself and Mr. Hampshire, and maintained a summer home applicant pursuant to an application filed SPECTER) submitted the following reso- there that is now Weeks State Park; under this Act to initiate removal pro- lution; which was referred to the Com- Whereas, in 1903, the Appalachian Moun- ceedings against any persons identified in mittee on the Judiciary. tain Club, and the newly formed Society for the Protection of New Hampshire’s Forests, the application; S. RES. 678 (2) make any publication whereby the in- helped draft a bill for the creation of a forest formation furnished by any particular indi- Whereas The Pennsylvania State Univer- reserve in the White Mountains; vidual pursuant to an application under this sity (referred to in this resolution as ‘‘Penn Whereas passage of the Weeks Law on Act can be identified; or State’’) reached this milestone of 400 wins March 1, 1911, was made possible by an un- (3) permit anyone other than an officer or under Joe Paterno on November 6, 2010; precedented collaboration of a broad spec- employee of the United States Government Whereas the Penn State Nittany Lions trum of interests, including the Appalachian or, in the case of applications filed under football team has been coached by Joe Mountain Club, the Society for the Protec- this Act with a designated entity, that des- Paterno for 60 years starting in 1950 when tion of New Hampshire Forests, industri- ignated entity, to examine applications filed Joe Paterno was an assistant coach; alists, small businesses, and the tourist in- under this Act. Whereas, in 2009, the graduation rate of dustry; (b) REQUIRED DISCLOSURE.—The Attorney Penn State players under Joe Paterno was 89 Whereas, in 1914, the first 7,000 acres of General or the Secretary of Homeland Secu- percent, and the graduation success rate was land destined to be part of the White Moun- rity shall provide the information furnished 85 percent, the highest rates among all foot- tain National Forest were acquired in Ben- under this section, and any other informa- ball teams in the final 2009 Associated Press ton, New Hampshire, under the Weeks Law; tion derived from such furnished informa- Top 25 poll; Whereas national forests were established tion, to— Whereas Penn State’s football team has and continue to be managed as multiple use (1) a duly recognized law enforcement enti- more wins under a single head coach than public resources, providing recreational op- ty in connection with an investigation or any other head coach in the National Colle- portunities, wildlife habitat, watershed pro- prosecution of an offense described in para- giate Athletic Association (NCAA) Division tection, and renewable timber resources; graph (2) or (3) of section 212(a) of the Immi- 1A Football Bowl Subdivision (FBS) history; Whereas the forest conservation brought gration and Nationality Act (8 U.S.C. Whereas Penn State is 1 of just 7 football about by the Weeks Law encouraged and in- 1182(a)), when such information is requested teams with a history of more than 800 wins, spired additional conservation by State and in writing by such entity; or and Joe Paterno has been active with the local government as well as private inter- (2) an official coroner for purposes of af- program for 691 of those games over 60 sea- ests, further protecting the quality of life in firmatively identifying a deceased individual sons, with an amazing record of 504 wins, 180 the United States; (whether or not such individual is deceased losses, and 7 ties (73.6 percent); Whereas the White Mountain National For- as a result of a crime). Whereas among Penn State’s accolades est continues to draw millions of visitors an- (c) PENALTY.—Whoever knowingly uses, under Joe Paterno’s 45 years as head coach nually who gain a renewed appreciation of publishes, or permits information to be ex- are 2 national championships, 7 undefeated the inherent value of the outdoors; amined in violation of this section shall be seasons, 23 finished in the top 10 rankings, Whereas the multiple values and uses sup- fined not more than $10,000. and 3 Big Ten conference championships ported by the White Mountain National For- SEC. 10. HIGHER EDUCATION ASSISTANCE. since joining the NCAA Division 1A FBS con- est today are a tribute to the collaboration Notwithstanding any provision of the ference in 1993; of 100 years ago, an inspiration for the next Higher Education Act of 1965 (20 U.S.C. 1001 Whereas Penn State has 24 bowl game wins 100 years, and an opportunity to remind the et seq.), with respect to assistance provided and 36 bowl game appearances under Coach people of the United States to work together under title IV of the Higher Education Act of Joe Paterno, both of which are the most of toward common goals on a common land- 1965 (20 U.S.C. 1070 et seq.), an alien who ad- any school under 1 football coach; and scape; and justs status to that of a lawful permanent Whereas the continued dedication to the Whereas President Theodore Roosevelt resident under this Act shall be eligible only players and emphasis on academic integrity stated ‘‘We want the active and zealous help for the following assistance under such title: and education of Penn State football under of every man far-sighted enough to realize (1) Student loans under parts B, D, and E of Joe Paterno has in Penn State fostering 15 the importance from the standpoint of the such title IV (20 U.S.C. 1071 et seq., 1087a et Hall of Fame Scholar-Athletes, 34 first-team nation’s welfare in the future of preserving seq., 1087aa et seq.), subject to the require- All-Americans, 44 overall Academic All- the forests’’: Now, therefore, be it ments of such parts. Americas, and 18 NCAA Postgraduate Schol- Resolved, That the Senate— (2) Federal work-study programs under arship winners: Now, therefore, be it (1) recognizes the significance of the 100th part C of such title IV (42 U.S.C. 2751 et seq.), Resolved, That the Senate— anniversary of the Act of March 1, 1911 (com- subject to the requirements of such part. (1) congratulates the Penn State football monly known as the ‘‘Weeks Law’’) (16 (3) Services under such title IV (20 U.S.C. team for their unparalleled success resulting U.S.C. 552 et seq.), to the history of conserva- 1070 et seq.), subject to the requirements for in 400 wins under head coach Joe Paterno; tion and the power of cooperation among un- such services. and likely allies;
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17744 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 (2) encourages efforts to celebrate the cen- Whereas the United States has been a con- to job creation and 75 percent believe that tennial in the White Mountain National For- sistent leader in supporting international the United States cannot have a sustained est with a focus on the future as well as to tiger conservation; and economic recovery without another burst of commemorate the past; and Whereas strong United States support for entrepreneurial activity; (3) encourages continued collaboration and remaining wild tiger populations, the Tiger Whereas the economy and society of the cooperation among Federal, State, and local Summit, and the Global Tiger Recovery Pro- United States, as well as the country as a governments, as well as business, tourism, gram will be central to the success of tiger whole, have benefitted greatly from the ev- and conservation interests, to ensure that conservation efforts: Now, therefore, be it eryday use of breakthrough innovations de- the many values and benefits flowing from Resolved, That the Senate— veloped and brought to market by entre- the White Mountain National Forest today (1) supports the goals of the Tiger Summit, preneurs; to the citizens of New Hampshire, and the as such goals reinforce the interests of the Whereas Global Entrepreneurship Week is rest of the United States, are recognized and United States in recovering tigers in accord- an initiative aimed at inspiring young people supported in perpetuity. ance with the Endangered Species Act of 1973 to embrace innovation and creativity; (16 U.S.C. 1531 et seq.), the Rhinoceros and Whereas Global Entrepreneurship Week f Tiger Conservation Act of 1994 (16 U.S.C. 5301 helps the next generation of entrepreneurs to et seq.), and the Convention on International acquire the knowledge, skills, and networks SENATE RESOLUTION 680—SUP- Trade in Endangered Species of Wild Fauna needed to create vibrant enterprises that PORTING INTERNATIONAL TIGER and Flora, done at Washington March 3, 1973 will improve the lives and communities of CONSERVATION EFFORTS AND (27 UST 1087; TIAS 8249); the entrepreneurs; THE UPCOMING GLOBAL TIGER (2) supports the efforts of United States Whereas, in 2009, more than 160,000 individ- government agencies to prevent poaching of uals participated in the more than 2,300 en- SUMMIT IN ST. PETERSBURG, tigers and to end trafficking in tigers and RUSSIA trepreneurial activities held worldwide dur- tiger parts, including through cooperation ing Global Entrepreneurship Week; Mr. KERRY (for himself, Mr. BINGA- with the governments of countries with re- Whereas, in 2009, more than 1,100 partner MAN, Ms. SNOWE, Mr. CARDIN, Mr. maining wild tiger populations in training, organizations participated in Global Entre- capacity building, and law enforcement; WHITEHOUSE, and Mr. MERKLEY) sub- preneurship Week, including chambers of (3) supports the efforts of the United commerce, institutions of higher education, mitted the following resolution; which States government to protect tigers in the was referred to the Committee on For- high schools, businesses, and State and local wild and the habitat of tigers through direct governments; and eign Relations: conservation assistance; Whereas, in 2010, thousands of organiza- (4) acknowledges the important role that S. RES. 680 tions in the United States will join in the tiger habitats play in conserving biodiver- Whereas wild tiger populations have dwin- celebration by planning activities designed sity, securing forest carbon, protecting crit- dled from approximately 100,000 at the begin- to inspire, connect, inform, mentor, and en- ical watersheds, providing buffers against ning of the 20th century to as few as 3,200 in gage the next generation of entrepreneurs natural disasters, and supporting livelihoods 2010, and only approximately 1,000 wild tigers throughout Global Entrepreneurship Week/ and human well-being in countries with re- are breeding females; USA: Now, therefore, be it maining wild tiger populations; Whereas tigers now occupy a mere 7 per- Resolved, That the Senate— (5) applauds the work of multilateral insti- cent of the habitat that tigers historically (1) designates the week of November 15 tutions, governmental, and nongovernmental have occupied; through 19, 2010, as ‘‘Global Entrepreneur- conservation and environmental organiza- Whereas poaching, illegal wildlife trade, ship Week’’; and tions working to recover tiger populations in habitat conversion, depletion of prey base, (2) supports the goals of Global Entrepre- the wild; conflict between humans and wildlife, and neurship Week/USA, including— (6) commends the government of Russia for other pressures continue to threaten the last (A) inspiring young people everywhere to its leadership in hosting the Tiger Summit, wild tigers; embrace innovation, imagination, and cre- which brings global attention to this impor- Whereas the remaining tiger habitat in ativity; and tant issue and launches the immediate im- Asia supports some of the richest biodiver- (B) training the next generation of entre- plementation of National Tiger Recovery sity and some of the poorest human popu- preneurial leaders. Priorities in the each of the 13 countries lations; with remaining wild tiger populations; Whereas the remaining tiger habitat bene- (7) reaffirms the commitment of the f fits local human populations by providing United States government to tiger conserva- watersheds and buffers against natural dis- tion; aster and contributing to livelihoods; AMENDMENTS SUBMITTED AND (8) encourages the highest level of United Whereas the remaining tiger habitat in PROPOSED States engagement in the Tiger Summit and Asia represents some of the largest intact in the outcomes of the Tiger Summit, in- storehouses of terrestrial carbon on Earth, SA 4691. Mr. LEAHY submitted an amend- cluding the provision of support to countries ment intended to be proposed by him to the containing an average of 31⁄2 times more car- with remaining wild tiger populations in im- bon than areas outside of tiger habitat; bill S. 510, to amend the Federal Food, Drug, plementing the National Tiger Recovery Pri- Whereas the tiger, an iconic species world- and Cosmetic Act with respect to the safety orities and the Global Tiger Recovery Pro- wide, can act as both a catalyst and a sym- of the food supply.; which was ordered to lie gram; and bol for the conservation of the last great for- on the table. (9) urges concerted coordination among all ests of Asia; SA 4692. Mr. SPECTER submitted an relevant United States agencies to provide Whereas 2010, the ‘‘Year of the Tiger’’ in amendment intended to be proposed by him support to countries with remaining wild the Chinese calendar and beyond, presents a to the bill S. 510, supra; which was ordered to tiger populations in a manner that enables global opportunity to commit to halting the lie on the table. United States resources to provide maximum decline in tigers and to ensuring the dou- SA 4693. Mr. SPECTER submitted an conservation benefits. bling of the numbers of tigers by the next amendment intended to be proposed by him ‘‘Year of the Tiger’’ in 2022; f to the bill S. 510, supra; which was ordered to Whereas the Government of Russia is lie on the table. SENATE RESOLUTION 681—DESIG- SA 4694. Mr. INOUYE (for himself and Ms. hosting the Global Tiger Summit in St. Pe- NATING THE WEEK OF NOVEM- tersburg, Russia, on November 22 through 24, SNOWE) submitted an amendment intended 2010; BER 15 THROUGH 19, 2010, AS to be proposed by him to the bill S. 510, Whereas at the Summit, all 13 countries ‘‘GLOBAL ENTREPRENEURSHIP supra; which was ordered to lie on the table. with remaining wild tiger populations are WEEK/USA’’ SA 4695. Mr. BOND (for himself and Mr. expected to commit to a Global Tiger Recov- Mrs. SHAHEEN (for herself and Ms. HATCH) submitted an amendment intended to be proposed by him to the bill S. 3538, to im- ery Program; SNOWE) submitted the following resolu- prove the cyber security of the United States Whereas the remaining tiger habitat is lo- tion; which was considered and agreed cated in remote transnational areas, pro- and for other purposes; which was ordered to viding an opportunity for transboundary co- to: lie on the table. operation among countries with remaining S. RES. 681 SA 4696. Mr. COBURN submitted an amend- wild tiger populations; Whereas more than 1⁄2 of the companies on ment intended to be proposed by him to the Whereas countries with remaining wild the 2009 Fortune 500 list were launched dur- bill S. 510, to amend the Federal Food, Drug, tiger populations need the support and co- ing a recession or bear market; and Cosmetic Act with respect to the safety operation of the global community to pro- Whereas 92 percent of Americans believe of the food supply.; which was ordered to lie tect and restore wild tiger populations; that entrepreneurs are critically important on the table.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17745 SA 4697. Mr. COBURN (for himself, Mrs. SA 4692. Mr. SPECTER submitted an ‘‘(lxx) Estra-4,9,11-triene-3,17-dione; MCCASKILL, and Mr. UDALL of Colorado) sub- amendment intended to be proposed by ‘‘(lxxi) 18a-Homo-3-hydroxy-estra-2,5(10)- mitted an amendment intended to be pro- him to the bill S. 510, to amend the dien-17-one; α posed by him to the bill S. 510, supra; which Federal Food, Drug, and Cosmetic Act ‘‘(lxxii) 6 -Methyl-androst-4-ene-3,17-dione; was ordered to lie on the table. α with respect to the safety of the food ‘‘(lxxiii) 17 -Methyl-androstan-3- SA 4698. Mr. PRYOR submitted an amend- hydroxyimine-17β-ol; ment intended to be proposed by him to the supply; which was ordered to lie on the ‘‘(lxxiv) 17α-Methyl-5α-androstan-17β-ol; bill S. 510, supra; which was ordered to lie on table; as follows: ‘‘(lxxv) 17β-Hydroxy-androstano[2,3- the table. At the end, add the following: d]isoxazole; SA 4699. Mr. PRYOR submitted an amend- SEC. 407. AMENDMENT TO TITLE 28. ‘‘(lxxvi) 17β-Hydroxy-androstano[3,2- ment intended to be proposed by him to the (a) IN GENERAL.—Chapter 45 of title 28, c]isoxazole bill S. 510, supra; which was ordered to lie on United States Code, is amended by inserting ‘‘(lxxvii) 4-Hydroxy-androst-4-ene-3,17- the table. at the end the following: dione[3,2-c]pyrazole-5α-androstan-17β-ol; SA 4700. Mr. PRYOR submitted an amend- ‘‘§ 678. Televising Supreme Court proceedings ‘‘(lxxviii) [3,2-c]pyrazole-androst-4-en-17β- ment intended to be proposed by him to the ‘‘The Supreme Court shall permit tele- ol; bill S. 510, supra; which was ordered to lie on vision coverage of all open sessions of the ‘‘(lxxix) [3,2-c]pyrazole-5α-androstan-17β-ol; the table. Court unless the Court decides, by a vote of and’’; and SA 4701. Mr. PRYOR submitted an amend- the majority of justices, that allowing such (B) by inserting at the end the following: ment intended to be proposed by him to the coverage in a particular case would con- ‘‘(C) A drug or hormonal substance (other bill S. 510, supra; which was ordered to lie on stitute a violation of the due process rights than estrogens, progestins, corticosteroids, the table. of 1 or more of the parties before the and dehydroepiandrosterone) that is not list- SA 4702. Mr. JOHANNS submitted an Court.’’. ed in subparagraph (A), and is derived from, amendment intended to be proposed by him (b) CLERICAL AMENDMENT.—The chapter or has a chemical structure substantially to the bill S. 510, supra; which was ordered to analysis for chapter 45 of title 28, United similar to, 1 or more anabolic steroids listed lie on the table. States Code, is amended by inserting at the in subparagraph (A), shall, subject to the SA 4703. Mr. NELSON of Nebraska (for end the following: limitations of section 201(i)(6) (21 U.S.C. himself and Mr. LEAHY) submitted an amend- ‘‘678. Televising Supreme Court pro- 811(i)(6)), be considered to be an anabolic ment intended to be proposed by him to the ceedings.’’. steroid for purposes of this Act if— bill S. 3454, to authorize appropriations for ‘‘(i) the drug or substance has been created fiscal year 2011 for military activities of the SA 4693. Mr. SPECTER submitted an or manufactured with the intent of pro- Department of Defense, for military con- amendment intended to be proposed by ducing a drug or other substance that ei- struction, and for defense activities of the him to the bill S. 510, to amend the ther— Department of Energy, to prescribe military ‘‘(I) promotes muscle growth; or personnel strengths for such fiscal year, and Federal Food, Drug, and Cosmetic Act with respect to the safety of the food ‘‘(II) otherwise causes a pharmacological for other purposes; which was ordered to lie effect similar to that of testosterone; or on the table. supply; which was ordered to lie on the table; as follows: ‘‘(ii) the drug or substance has been, or is SA 4704. Mr. NELSON of Nebraska sub- intended to be, marketed or otherwise pro- mitted an amendment intended to be pro- At the end, add the following: moted in any manner suggesting that con- posed by him to the bill S. 3454, supra; which SEC. 407. DESIGNER ANABOLIC STEROID CON- suming it will promote muscle growth or any was ordered to lie on the table. TROL. other pharmacological effect similar to that SA 4705. Mr. NELSON of Nebraska sub- (a) AMENDMENTS TO THE CONTROLLED SUB- of testosterone.’’. mitted an amendment intended to be pro- STANCES ACT.— (2) CLASSIFICATION AUTHORITY.—Section 201 posed by him to the bill S. 3454, supra; which (1) DEFINITIONS.—Section 102(41) of the of the Controlled Substances Act (21 U.S.C. was ordered to lie on the table. Controlled Substances Act (21 U.S.C. 802(41)) 811) is amended by adding at the end the fol- SA 4706. Mr. NELSON of Nebraska sub- is amended— lowing: mitted an amendment intended to be pro- (A) in subparagraph (A)— posed by him to the bill S. 3454, supra; which (i) in clause (xlix), by striking ‘‘and’’ at the ‘‘(i) TEMPORARY AND PERMANENT SCHED- was ordered to lie on the table. end; ULING OF RECENTLY EMERGED ANABOLIC SA 4707. Mr. NELSON of Nebraska (for (ii) by redesignating clause (xlx) as clause STEROIDS.— himself, Mr. WICKER, Mr. CASEY, and Mr. (lxxx); and ‘‘(1) The Attorney General may issue a INHOFE) submitted an amendment intended (iii) by inserting after clause (xlix) the fol- temporary order adding a drug or other sub- to be proposed by him to the bill S. 3454, lowing: stance to the list of anabolic steroids if the supra; which was ordered to lie on the table. ‘‘(l) 5α-Androstan-3,6,17-trione; Attorney General finds that— ‘‘(li) Androst-4-ene-3,6,17-trione; ‘‘(A) the drug or other substance satisfies f ‘‘(lii) Androsta-1,4,6-triene-3,17-dione; the criteria for being considered an anabolic TEXT OF AMENDMENTS ‘‘(liii) 6-bromo-androstan-3,17-dione; steroid under section 102(41) but is not listed ‘‘(liv) 6-bromo-androsta-1,4-diene-3,17- in that section or by regulation of the Attor- SA 4691. Mr. LEAHY submitted an dione; ney General as being an anabolic steroid; and amendment intended to be proposed by ‘‘(lv) 4-chloro-17α-methyl-androsta-1,4- ‘‘(B) adding such drug or other substance him to the bill S. 510, to amend the diene-3,17β-diol; to the list of anabolic steroids will assist in Federal Food, Drug, and Cosmetic Act ‘‘(lvi) 4-chloro-17α-methyl-androst-4-ene- preventing the unlawful importation, manu- with respect to the safety of the food 3β,17β-diol; facture, distribution, or dispensing of such supply; which was ordered to lie on the ‘‘(lvii) 4-chloro-17α-methyl-17β-hydroxy- drug or other substance. table; as follows: androst-4-en-3-one; ‘‘(2) An order issued under paragraph (1) ‘‘(lviii) 4-chloro-17α-methyl-17β-hydroxy- shall not take effect until 30 days after the At the end, add the following: androst-4-ene-3,11-dione; date of the publication by the Attorney Gen- SEC. lll. CRIMINAL PENALTIES. ‘‘(lix) 4-chloro-17α-methyl-androsta-1,4- eral of a notice in the Federal Register of the Section 303(a) of the Federal Food, Drug, diene-3,17β-diol; intention to issue such order and the grounds and Cosmetic Act (21 U.S.C. 333(a)) is amend- ‘‘(lx) 2α,17α-dimethyl-17β-hydroxy-5α- upon which such order is to be issued. The ed— androstan-3-one; order shall expire not later than 24 months (1) in paragraph (1), by striking ‘‘Any’’ and ‘‘(lxi) 2α,17α-dimethyl-17β-hydroxy-5β- after the date it becomes effective, except inserting ‘‘Except as provided in paragraph androstan-3-one; that the Attorney General may, during the (2) or (3), any’’; ‘‘(lxii) 2α,3α-epithio-17α-methyl-5α- pendency of proceedings under paragraph (5), (2) in paragraph (2), by striking ‘‘Notwith- androstan-17β-ol; extend the temporary scheduling order for standing the provisions of paragraph (1) of ‘‘(lxiii) [3,2-c]-furazan-5α-androstan-17β-ol; up to 6 months. this section, if’’ and inserting ‘‘If’’; and ‘‘(lxiv) 3β-hydroxy-androst-1-en-17-one; ‘‘(3) A temporary scheduling order issued (3) by adding at the end the following: ‘‘(lxv) 3β-hydroxy-androst-4-en-17-one; under paragraph (1) shall be vacated upon ‘‘(3) Any person who knowingly violates ‘‘(lxvi) 3β-hydroxy-estr-4-en-17-one; the issuance of a permanent scheduling order subsection (a), (b), (c), (k), or (v) of section ‘‘(lxvii) 3β-hydroxy-estra-4,9,11-trien-17- under paragraph (5). 301 with respect to any food and with con- one; ‘‘(4) An order issued under paragraph (1) is scious or reckless disregard of a risk of death ‘‘(lxviii) 17α-methyl-androst-2-ene-3,17β- not subject to judicial review. or serious bodily injury shall be fined under diol; ‘‘(5) The Attorney General may, by rule, title 18, United States Code, imprisoned for ‘‘(lxix) 17α-methyl-androsta-1,4-diene-3,17β- issue a permanent order adding a drug or not more than 10 years, or both.’’. diol; other substance to the list of anabolic
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17746 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 steroids if such drug or other substance sat- poses of this subparagraph, each sale and which was ordered to lie on the table; isfies the criteria for being considered an an- each product offered for sale shall be consid- as follows: abolic steroid under section 102(41). Such ered a separate violation. Continued offers to rulemaking may be commenced simulta- sell by a person 10 or more days after written At the end of the bill, insert the fol- neously with the issuance of the temporary notice (including through electronic mes- lowing: order issued under paragraph (1). sage) to the person by the Attorney General ‘‘(6) If a drug or other substance has not or the Secretary shall be considered addi- TITLE V—SEAFOOD SAFETY been temporarily or permanently added to tional violations. SEC. 501. SHORT TITLE. the list of anabolic steroids pursuant to this ‘‘(2) Any person who violates subsection (a) subsection, the drug or other substance shall with a product that was, at the time of the This title may be cited as the ‘‘Commer- be considered an anabolic steroid if in any violation, included on the list described in cial Seafood Consumer Protection Act’’. criminal, civil, or administrative proceeding subsection (d) shall be subject to twice the SEC. 502. COMMERCIALLY-MARKETED SEAFOOD arising under this Act it has been deter- civil penalty provided in paragraph (1). CONSUMER PROTECTION SAFETY mined in such proceeding, based on evidence ‘‘(3) In this subsection, the term ‘product’ NET. presented in the proceeding, that the sub- means a discrete article, either in bulk or in stance satisfies the criteria for being consid- finished form prepared for sale. A number of (a) IN GENERAL.—The Secretary of Com- ered an anabolic steroid under paragraph articles, if similarly packaged and bearing merce shall, in coordination with the Fed- (41)(A), (41)(C)(i), or (41)(C)(ii) of section identical labels, shall be considered as one eral Trade Commission and other appro- 102.’’. product, but each package size, form, or dif- priate Federal agencies, and consistent with the international obligations of the United (3) LABELING REQUIREMENTS.—The Con- ferently labeled article shall be considered a trolled Substances Act is amended by insert- separate product. States, strengthen Federal consumer protec- tion activities for ensuring that commer- ing after section 305 (21 U.S.C. 825) the fol- ‘‘(d) IDENTIFICATION AND PUBLICATION OF cially-distributed seafood in the United lowing: LIST OF PRODUCTS CONTAINING ANABOLIC States meets the food quality and safety re- ‘‘SEC. 305A. OFFENSES INVOLVING FALSE LABEL- STEROIDS.— quirements of applicable Federal laws. ING OF ANABOLIC STEROIDS. ‘‘(1) The Attorney General may, in his dis- ‘‘(a) UNLAWFUL ACTS.— cretion, collect data and analyze products to (b) INTERAGENCY AGREEMENTS.— ‘‘(1) It shall be unlawful— determine whether they contain anabolic (1) IN GENERAL.—Within 180 days after the ‘‘(A) to import into the United States or to steroids and are properly labeled in accord- date of enactment of this Act, the Secretary export from the United States, ance with this section. The Attorney General and other appropriate Federal agencies shall ‘‘(B) to manufacture, distribute, dispense, may publish in the Federal Register or on execute memoranda of understanding or sell, or offer to sell; or the website of the Drug Enforcement Admin- other agreements to strengthen interagency ‘‘(C) to possess with intent to manufacture, istration a list of products that he has deter- cooperation on seafood safety, seafood label- distribute, dispense, sell, or offer to sell; mined, based on substantial evidence, con- ing, and seafood fraud. any anabolic steroid, or any product con- tain an anabolic steroid and are not labeled (2) SCOPE OF AGREEMENTS.—The agree- taining an anabolic steroid, unless it bears a in accordance with this section. ments shall include provisions, as appro- label clearly identifying any anabolic steroid ‘‘(2) The absence of a product from the list priate for each such agreement, for— contained in such steroid or product by the referred to in paragraph (1) shall not con- (A) cooperative arrangements for exam- nomenclature used by the International stitute evidence that the product does not ining and testing seafood imports that lever- Union of Pure and Applied Chemistry contain an anabolic steroid.’’. age the resources, capabilities, and authori- (IUPAC). (b) SENTENCING COMMISSION GUIDELINES.— ties of each party to the agreement; ‘‘(2) A product that is the subject of an ap- The United States Sentencing Commission (B) coordination of inspections of foreign proved application as described in section shall— facilities to increase the percentage of im- 505(b), (i) or (j) of the Federal Food, Drug, (1) review and amend the Federal sen- ported seafood and seafood facilities in- and Cosmetic Act (21 U.S.C. 355(b), (i), or (j)) tencing guidelines with respect to offenses spected; is exempt from the International Union of involving anabolic steroids, including the of- (C) standardizing data on seafood names, Pure and Applied Chemistry nomenclature fenses established under the amendments inspection records, and laboratory testing to requirement of this subsection if such prod- made by subsection (a) (section 305A of the improve interagency coordination; uct is labeled in the manner required by the Controlled Substance Act); (D) coordination of the collection, storage, Federal Food, Drug, and Cosmetic Act. (2) amend the Federal sentencing guide- analysis, and dissemination of all applicable ‘‘(b) CRIMINAL PENALTIES.— lines, including notes to the drug quantity information, intelligence, and data related ‘‘(1) Any person who violates subsection (a) tables, to provide clearly that in a case in- to the importation, exportation, transpor- shall be sentenced to a term of imprisonment volving an anabolic steroid not in a tablet, tation, sale, harvest, processing, or trade of of not more than 1 year, a fine not to exceed capsule, liquid, or other form where dosage seafood in order to detect and investigate the greater of that authorized in accordance can be readily ascertained (such as a powder, violations under applicable Federal laws, and with the provisions of title 18, United States topical cream, gel, or aerosol), the sentence to carry out the provisions of this title; Code, or $100,000 if the defendant is an indi- shall be determined based on the entire (E) developing a process for expediting im- vidual or $250,000 if the defendant is other weight of the mixture or substance; ports of seafood into the United States from than an individual, or both. (3) amend the applicable guidelines by des- foreign countries and exporters that consist- ‘‘(2) Any person who violates subsection (a) ignating quantities of mixture or substance ently adhere to the highest standards for en- knowing, intending, or having reasonable that correspond to a unit so that offenses in- suring seafood safety; cause to believe, that the substance or prod- volving such forms of anabolic steroids are (F) coordination to track shipments of sea- uct is an anabolic steroid, or contains an an- penalized at least as severely as offenses in- food in the distribution chain within the abolic steroid, shall be sentenced to a term volving forms whose dosage can be readily United States; of imprisonment of not more than 10 years, ascertained; and (G) enhancing labeling requirements and a fine not to exceed the greater of that au- (4) take such other action as the Commis- methods of assuring compliance with such thorized in accordance with the provisions of sion considers necessary to carry out this requirements to clearly identity species and title 18, United States Code, or $500,000 if the section. prevent fraudulent practices; defendant is an individual or $2,500,000 if the (c) CONGRESSIONAL OVERSIGHT.—The Ad- (H) a process by which officers and employ- defendant is other than an individual, or ministrator of the Drug Enforcement Admin- ees of the National Oceanic and Atmospheric both. istration shall report to Congress every 2 Administration may be commissioned by the ‘‘(c) CIVIL PENALTIES.— years— head of any other appropriate Federal agen- ‘‘(1) Any person who violates subsection (a) (1) what anabolic steroids have been sched- cy to conduct or participate in seafood ex- shall be subject to a civil penalty as follows: uled on a temporary basis under this section; aminations and investigations under applica- ‘‘(A) In the case of an importer, exporter, and ble Federal laws administered by such other manufacturer, or distributor (other than as (2) the findings and conclusions that led to agency; provided in subparagraph (B)), up to $500,000 such scheduling. (I) the sharing of information concerning per violation. For purposes of this subpara- observed non-compliance with United States graph, a violation is defined as each instance SA 4694. Mr. INOUYE (for himself seafood requirements domestically and in of importation, exportation, manufacturing, foreign countries and new regulatory deci- and Ms. SNOWE) submitted an amend- or distribution, and each anabolic steroid or sions and policies that may affect regulatory product imported, exported, manufactured, ment intended to be proposed by him outcomes; or distributed. to the bill S. 510, to amend the Federal (J) conducting joint training on subjects ‘‘(B) In the case of a sale or offer to sell at Food, Drug, and Cosmetic Act with re- that affect and strengthen seafood inspection retail, up to $25,000 per violation. For pur- spect to the safety of the food supply; effectiveness by Federal authorities;
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17747 (K) sharing, to the maximum extent allow- Health and Human Services shall submit a shipment of seafood meets the requirements able by law, all applicable information, in- joint report to the Congress on implementa- of applicable Federal laws; and telligence, and data related to the importa- tion of any such agreement or agreements, (2) the Secretary, or other agent of a Fed- tion, exportation, transportation, sale, har- including the extent to which the Food and eral agency authorized to conduct inspec- vest, processing, or trade of seafood in order Drug Administration has taken into consid- tions of seafood, has inspected the shipment to detect and investigate violations under eration information resulting from inspec- and has found that the shipment and the applicable Federal laws, or otherwise to tions conducted by the Department of Com- conditions of manufacturing meet the re- carry out the provisions of this title; and merce in making risk-based determinations quirements of applicable Federal laws. (L) outreach to private testing labora- such as the establishment of inspection pri- (d) CANCELLATION OF ORDER.—The Sec- tories, seafood industries, and the public on orities for domestic and foreign facilities and retary may cancel an order under subsection Federal efforts to enhance seafood safety and the examination and testing of imported sea- (a) with respect to seafood exported from a compliance with labeling requirements, in- food. country or exporter if all shipments into the cluding education on Federal requirements (3) COORDINATION WITH SEA GRANT PRO- United States under subsection (c) of seafood for seafood safety and labeling and informa- GRAM.—The Administrator of the National originating in that country or from that ex- tion on how these entities can work with ap- Oceanic and Atmospheric Administration porter more than 1 year after the date on propriate Federal agencies to enhance and shall ensure that the NOAA Seafood Inspec- which the Secretary issued the order have improve seafood inspection and assist in de- tion Program is coordinated with the Sea been found, under the procedures described tecting and preventing seafood fraud and Grant Program to provide outreach to in subsection (c), to meet the requirements mislabeling. States, consumers, and the seafood industry of Federal law. If the Secretary determines (3) ANNUAL REPORTS ON IMPLEMENTATION OF on seafood testing, seafood labeling, and sea- that an exporter has failed to comply with AGREEMENTS.—The Secretary, the Chairman food substitution, and strategies to combat the requirements of an order under sub- of the Federal Trade Commission, and the mislabeling and fraud. section (a), the 1-year period in the preceding heads of other appropriate Federal agencies SEC. 503. CERTIFIED LABORATORIES. sentence shall run from the date of that de- that are parties to agreements executed Within 180 days after the date of enact- termination rather than the date on which under paragraph (1) shall submit, jointly or ment of this Act, the Secretary, in consulta- the order was issued. severally, an annual report to the Congress tion with the Secretary of Health and (e) EFFECT.—This section shall be in addi- concerning— Human Services, shall increase the number tion to, and shall have no effect on, the au- (A) specific efforts taken pursuant to the of laboratories certified to the standards of thority of the Secretary of Health and agreements; the Food and Drug Administration in the Human Services under the Federal Food, (B) the budget and personnel necessary to United States and in countries that export Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) strengthen seafood safety and labeling and seafood to the United States for the purpose with respect to seafood, seafood products, or prevent seafood fraud; and of analyzing seafood and ensuring that the any other product. (C) any additional authorities necessary to laboratories, including Federal, State, and SEC. 506. INSPECTION TEAMS. improve seafood safety and labeling and pre- private facilities, comply with applicable (a) INSPECTION OF FOREIGN SITES.—The Sec- vent seafood fraud. Federal laws. Within 1 year after the date of retary, in cooperation with the Secretary of (c) MARKETING, LABELING, AND FRAUD RE- enactment of this Act, the Secretary of Com- Health and Human Services, may send 1 or PORT.—Within 1 year after the date of enact- merce shall publish in the Federal Register a more inspectors to a country or exporter ment of this Act, the Secretary and the list of certified laboratories. The Secretary from which seafood exported to the United Chairman of the Federal Trade Commission shall update and publish the list no less fre- States originates. The inspection team shall shall submit a joint report to the Congress quently than annually. assess practices and processes being used in on consumer protection and enforcement ef- SEC. 504. NOAA LABORATORIES. connection with the farming, cultivation, forts with respect to seafood marketing and In any fiscal year beginning after the date harvesting, preparation for market, or trans- labeling in the United States. The report of enactment of this Act, the Secretary may portation of such seafood and may provide shall include— increase the number and capacity of labora- technical assistance related to the require- (1) findings with respect to the scope of tories operated by the National Oceanic and ments established under applicable Federal seafood fraud and deception in the United Atmospheric Administration involved in car- laws to address seafood fraud and safety. The States market and its impact on consumers; rying out testing and other activities under inspection team shall prepare a report for (2) information on how the National Oce- this title to the extent that the Secretary the Secretary of Commerce with its findings. anic and Atmospheric Administration and determines that increased laboratory capac- The Secretary of Commerce shall make a the Federal Trade Commission can work to- ity is necessary to carry out the provisions copy of the report available to the country gether more effectively to address fraud and of this title and as provided for in appropria- or exporter that is the subject of the report unfair or deceptive acts or practices with re- tions Acts. and provide a 30-day period during which the spect to seafood; SEC. 505. CONTAMINATED SEAFOOD. country or exporter may provide a rebuttal (3) detailed information on the enforce- (a) REFUSAL OF ENTRY.—The Secretary of or other comments on the findings to the ment and consumer outreach activities un- Health and Human Services may issue an Secretary. dertaken by the National Oceanic and At- order refusing admission into the United (b) DISTRIBUTION AND USE OF REPORT.—The mospheric Administration and the Federal States of all imports of seafood or seafood Secretary shall provide the report to the Trade Commission during the preceding year products originating from a country or ex- Secretary of Health and Human Services as pursuant to this title; and porter if the Secretary determines that ship- information for consideration in making (4) an examination of the scope of unfair or ments of such seafood or seafood products do risk-based determinations such as the estab- deceptive acts or practices in the United not meet the requirements established under lishment of inspection priorities of domestic States market with respect to foods other applicable Federal law. and foreign facilities and the examination than seafood and whether additional enforce- (b) INCREASED TESTING.—If the Secretary of and testing of imported seafood. The Sec- ment authority or activity is warranted. Health and Human Services determines that retary shall provide the report to the Execu- (d) NOAA SEAFOOD INSPECTION AND MARK- seafood imports originating from a country tive Director of the Federal Trade Commis- ING COORDINATION.— may not meet the requirements of Federal sion for consideration in making rec- (1) DECEPTIVE MARKETING AND FRAUD.—The law, and determines that there is a lack of ommendations to the Chairman of the Fed- National Oceanic and Atmospheric Adminis- adequate certified laboratories to provide for eral Trade Commission regarding consumer tration shall report deceptive seafood mar- the entry of shipments pursuant to section protection to prevent fraud, deception, and keting and fraud to the Federal Trade Com- 503, then the Secretary may order an in- unfair business practices in the marketplace. mission pursuant to an agreement under sub- crease in the percentage of shipments tested SEC. 507. SEAFOOD IDENTIFICATION. section (b). of seafood originating from such country to (a) STANDARIZED LIST OF NAMES FOR SEA- (2) APPLICATION WITH EXISTING AGREE- improve detection of potential violations of FOOD.—The Secretary and the Secretary of MENTS.—Nothing in this title shall be con- such requirements. Health and Human Services shall initial a strued to impede, minimize, or otherwise af- (c) ALLOWANCE OF INDIVIDUAL SHIPMENTS joint rulemaking proceeding to develop and fect any agreement or agreements regarding FROM EXPORTING COUNTRY OR EXPORTER.— make public a list of standardized names for cooperation and information sharing in the Notwithstanding an order under subsection seafood identification purposes at distribu- inspection of fish and fishery products and (a) with respect to seafood originating from tion, marketing, and consumer retail stages. establishments between the Department of a country or exporter, the Secretary may The list of standardized names shall take Commerce and the Department of Health and permit individual shipments of seafood origi- into account taxonomy, current labeling reg- Human Services in effect on the date of en- nating in that country or from that exporter ulations, international law and custom, mar- actment of this Act. Within 6 months after to be admitted into the United States if— ket value, and naming precedence for all the date of enactment of this Act, the Sec- (1) the exporter presents evidence from a commercially-distributed seafood distributed retary of Commerce and the Secretary of laboratory certified by the Secretary that a in interstate commerce in the United States
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and may not include names, whether similar (4) FEDERAL AGENCY.—The term ‘‘Federal (7) provide recommendations, on an ongo- to existing or commonly used names for spe- agency’’ has the meaning given the term ing basis, to Federal agencies, private sector cies, that are likely to confuse or mislead ‘‘Executive agency’’ in section 105 of title 5, entities, and public and private sector enti- consumers. United States Code. ties operating critical infrastructure for pro- (b) PUBLICATION OF LIST.—The list of stand- (5) INTELLIGENCE COMMUNITY.—The term cedures to be implemented in the event of an ardized names shall be made available to the ‘‘intelligence community’’ has the meaning imminent cyber attack that will protect public on Department of Health and Human given that term in section 3(4) of the Na- critical infrastructure by mitigating net- Services and the Department of Commerce tional Security Act of 1947 (50 U.S.C. 401a(4)). work vulnerabilities; websites, shall be open to public review and (6) LOCAL GOVERNMENT.—The term ‘‘local (8) provide assistance to, and cooperate comment, and shall be updated annually. government’’ has the meaning given that with, the Cyber Defense Alliance established SEC. 508. DEFINITIONS. term in section 2 of the Homeland Security under section 202, including the development In this title: Act of 2002 (6 U.S.C. 101). of partnerships with public and private sec- (1) APPLICABLE FEDERAL LAWS.—The term (7) NATIONAL CYBER SECURITY PROGRAM.— tor entities, and academic institutions that ‘‘applicable laws and regulations’’ means The term ‘‘National Cyber Security Pro- encourage cooperation, research, develop- Federal statutes, regulations, and inter- gram’’ means the programs, projects, and ac- ment, and cyber security education and national agreements pertaining to the im- tivities of the Federal Government to pro- training; portation, exportation, transportation, sale, tect and defend Federal Government infor- (9) develop plans and policies for the secu- harvest, processing, or trade of seafood, in- mation networks and to facilitate the pro- rity of Federal Government information net- cluding the Magnuson-Stevens Fishery Con- tection and defense of United States infor- works to be implemented by the appropriate servation and Management Act, section 801 mation networks. Federal agency; of the Federal Food, Drug, and Cosmetic Act (8) NETWORK.—The term ‘‘network’’ has the (10) participate in the process to develop (21 U.S.C. 381), section 203 of the Food Aller- meaning given that term by section 4(5) of reliability standards pursuant to section 215 gen Labeling and Consumer Protection Act the High-Performance Computing Act of 1991 of the Federal Power Act (16 U.S.C. 824o); of 2004 (21 U.S.C. 374a), and the Seafood Haz- (15 U.S.C. 5503(5)). (11) develop plans and policies for the shar- ard Analysis and Critical Control Point regu- (9) STATE.—The term ‘‘State’’ means— ing of cyber threat-related information lations in part 123 of title 21, Code of Federal (A) a State; among appropriate Federal agencies, and to Regulations. (B) the District of Columbia; the extent consistent with the protection of (2) APPROPRIATE FEDERAL AGENCIES.—The (C) the Commonwealth of Puerto Rico; and national security sources and methods, with term ‘‘appropriate Federal agencies’’ in- (D) any other territory or possession of the State, tribal, and local government depart- cludes the Department of Health and Human United States. ments, agencies, and entities, and public and Services, the Federal Food and Drug Admin- private sector entities that operate critical istration, the Department of Homeland Secu- TITLE I—NATIONAL CYBER CENTER infrastructure; rity, and the Department of Agriculture. SEC. 101. DIRECTOR DEFINED. (12) develop policies and procedures to en- (3) SECRETARY.—The term ‘‘Secretary’’ In this title, except as otherwise specifi- sure the continuity of Federal Government means the Secretary of Commerce. cally provided, the term ‘‘Director’’ means the Director of the National Cyber Center operations in the event of a national cyber SA 4695. Mr. BOND (for himself and appointed under section 103. crisis; and (13) perform such other functions as may Mr. HATCH) submitted an amendment SEC. 102. ESTABLISHMENT OF THE NATIONAL intended to be proposed by him to the CYBER CENTER. be directed by the President. There is a National Cyber Center. SEC. 104. MISSIONS OF THE NATIONAL CYBER bill S. 3538, to improve the cyber secu- CENTER. SEC. 103. DIRECTOR OF THE NATIONAL CYBER rity of the United States and for other (a) IN GENERAL.—The National Cyber Cen- purposes; which was ordered to lie on CENTER. (a) IN GENERAL.—The head of the National ter shall— the table; as follows: Cyber Center is the Director of the National (1) serve as the primary organization for Strike all after the enacting clause and in- Cyber Center, who shall be appointed by the coordinating Federal Government defensive sert the following: President, by and with the advice and con- operations, intelligence collection and anal- SECTION 1. SHORT TITLE. sent of the Senate. ysis, and activities to protect and defend This Act may be cited as the ‘‘National (b) TERM AND CONDITIONS OF APPOINT- Federal Government information networks; Cyber Infrastructure Protection Act of 2010’’. MENT.—A Director shall serve for a term not (2) develop policies and procedures for im- SEC. 2. DEFINITIONS. to exceed five years and during such term plementation across the Federal Govern- In this Act: may not simultaneously serve in any other ment on matters relating to the protection (1) APPROPRIATE CONGRESSIONAL COMMIT- capacity in the Executive branch. and defense of Federal Government informa- TEES.—The term ‘‘appropriate congressional (c) REPORTING AND PLACEMENT.— tion networks; committees’’ means— (1) REPORTING.—The Director shall report (3) provide a process for resolving conflicts (A) the Committee on Armed Services, the directly to the President. among Federal agencies relating to the im- Committee on Commerce, Science, and (2) PLACEMENT.—The position of the Direc- plementation of cyber security activities or Transportation, the Committee on Energy tor shall not be located within the Executive the conduct of operations, strategies, and in- and Natural Resources, the Committee on Office of the President. telligence collection and analysis relating to Homeland Security and Governmental Af- (d) DUTIES OF THE DIRECTOR.—The Director the protection and defense of Federal Gov- fairs, and the Select Committee on Intel- shall— ernment information networks; ligence of the Senate; and (1) coordinate Federal Government defen- (4) assign roles and responsibilities to Fed- (B) the Committee on Armed Services, the sive operations, intelligence collection and eral agencies, as appropriate, for the protec- Committee on Energy and Commerce, the analysis, and activities to protect and defend tion and defense of Federal Government in- Committee on Homeland Security, and the Federal Government information networks; formation networks that are consistent with Permanent Select Committee on Intelligence (2) act as the principal adviser to the Presi- applicable law; and of the House of Representatives. dent, the National Security Council, and to (5) ensure that, as appropriate, Federal (2) CRITICAL INFRASTRUCTURE.—The term the heads of Federal agencies on matters re- agencies have access to, and receive, infor- ‘‘critical infrastructure’’ has the meaning lating to the protection and defense of Fed- mation, including appropriate private sector given that term in section 1016 of the Crit- eral Government information networks; information, regarding cyber threats to Fed- ical Infrastructures Protection Act of 2001 (3) coordinate, and ensure the adequacy of, eral Government information networks. (42 U.S.C. 5195c). the National Cyber Security Program budg- (b) ACCESS TO INTELLIGENCE.—The Director (3) CYBER SECURITY ACTIVITIES.—The term ets for Federal agencies; shall have access to all intelligence relating ‘‘cyber security activities’’ means a class or (4) maintain and disperse funds from the to cyber security collected by any Federal collection of similar cyber security oper- National Cyber Defense Contingency Fund in agency— ations of a Federal agency that involves per- accordance with section 108; (1) except as otherwise provided by law; sonally identifiable data that is— (5) ensure appropriate coordination within (2) unless otherwise directed by the Presi- (A) screened by a cyber security system the Federal Government for the implementa- dent; or outside of the Federal agency that was the tion of any cyber security activities con- (3) unless the Attorney General and the Di- intended recipient of the personally identifi- ducted by a Federal agency; rector agree on guidelines to limit such ac- able data; (6) ensure appropriate coordination within cess. (B) transferred, for the purpose of cyber se- the Federal Government for the conduct of SEC. 105. COMPOSITION OF NATIONAL CYBER curity, outside such Federal agency; or any operations, strategies, and intelligence CENTER. (C) transferred, for the purpose of cyber se- collection and analysis relating to the pro- (a) INTEGRATION OF RESOURCES.—Not later curity, to an element of the intelligence tection and defense of Federal Government than 90 days after the date of the confirma- community. information networks; tion of the initial Director, the Secretary of
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(5) CERTIFICATION OF NATIONAL CYBER SECU- fices, task forces, and other components of (a) SUBMISSION OF CYBER BUDGET REQUEST RITY PROGRAM BUDGET SUBMISSIONS.— the Department of Defense, the Department TO THE DIRECTOR.—For each fiscal year, the (A) IN GENERAL.—At the time the head of a of Homeland Security, the intelligence com- head of each Federal agency with respon- Federal agency submits a National Cyber Se- munity, and the Federal Bureau of Investiga- sibilities for matters relating to the protec- curity Program budget request for such tion that are necessary to carry out the mis- tion and defense of Federal Government in- agency for a fiscal year to the Office of Man- sions of the National Cyber Center. formation networks shall transmit to the Di- agement and Budget, such head shall submit (b) PARTICIPATION OF FEDERAL AGENCIES.— rector a copy of the proposed National Cyber a copy of the National Cyber Security Pro- Any Federal agency not referred to in sub- Security Program budget request of the gram budget request to the Director. section (a) may participate in the National agency prior to the submission of such pro- (B) DECERTIFICATION.— Cyber Center if the head of such Federal posed budget request to the Office of Man- (i) IN GENERAL.—The Director shall review agency and the Director agree on the level agement and Budget in the preparation of each National Cyber Security Program budg- and type of such participation. the budget of the President submitted to et request submitted under subparagraph (c) RECOMMENDATIONS FOR CONSOLIDA- Congress under section 1105(a) of title 31, (A). TION.—In order to reduce duplication of Fed- United States Code. (ii) BUDGET DECERTIFICATION.—If, based on eral Government efforts, the Director may (b) REVIEW AND CERTIFICATION OF BUDGET the review under clause (i), the Director con- recommend that the President transfer to, REQUESTS AND BUDGET SUBMISSIONS.— cludes that such budget request does not in- and consolidate within, the National Cyber (1) IN GENERAL.—The Director shall review clude the funding levels and specific initia- Center activities that relate to the protec- each budget request submitted to the Direc- tives that would, in the determination of the tion and defense of Federal Government in- tor under subsection (a). Director, make the request adequate to ac- formation networks. (2) REVIEW OF BUDGET REQUESTS.— complish the protection and defense of Fed- (d) INTEGRATION OF INFORMATION NET- (A) INADEQUATE REQUESTS.—If the Director eral Government information networks, or WORKS.—The Director shall, in coordination concludes that a budget request submitted to facilitate the protection and defense of with the appropriate head of a Federal agen- under subsection (a) for a Federal agency is United States information networks, the Di- cy, oversee the integration within the Na- inadequate to accomplish the protection and rector may issue a written decertification of tional Cyber Center of information relating defense of Federal Government information such Federal agency’s budget. to the protection and defense of Federal Gov- networks, or to facilitate the protection and (iii) SUBMISSION TO CONGRESS.—In the case ernment information networks, including to defense of United States information net- of a decertification of a budget request the extent necessary and consistent with the works, with respect to such Federal agency issued under clause (ii), the Director shall protection of sources and methods, databases for the year for which the request is sub- submit to Congress a copy of— containing such information. mitted, the Director shall submit to the head (I) such National Cyber Security Program SEC. 106. NATIONAL CYBER CENTER OFFICIALS. of such Federal agency a written description budget request; (a) DEPUTY DIRECTORS.— of funding levels and specific initiatives that (II) such decertification; and (1) IN GENERAL.—There shall be two Deputy would, in the determination of the Director, (III) the description made for the budget Directors of the National Cyber Center as make the request adequate to accomplish request under paragraph (2)(B). follows: the protection and defense of such informa- (c) CONSOLIDATED NATIONAL CYBER SECU- (A) A Deputy Director who shall be ap- tion networks. RITY PROGRAM BUDGET PROPOSAL.—For each pointed by the Secretary of Defense, with (B) ADEQUATE REQUESTS.—If the Director fiscal year, following the transmission of the concurrence of the Director. concludes that a budget request submitted proposed National Cyber Security Program (B) A Deputy Director who shall be ap- under subsection (a) for a Federal agency is budget requests for Federal agencies to the pointed by the Secretary of Homeland Secu- adequate to accomplish the protection and Director under subsection (a), the Director rity, with the concurrence of the Director. defense of Federal Government information shall, in consultation with the head of such (2) APPOINTMENT CRITERIA.—An individual networks, or to facilitate the protection and Federal agencies— appointed Deputy Director of the National defense of United States information net- (1) develop a consolidated National Cyber Cyber Center shall have extensive cyber se- works, with respect to such Federal agency Security Program budget proposal; curity and management expertise. for the year for which the request is sub- (2) submit the consolidated budget pro- (3) DUTIES.—Each Deputy Director of the mitted, the Director shall submit to the head posal to the President; and National Cyber Center shall assist the Direc- of such Federal agency a written statement (3) after making the submission required tor in carrying out the duties and respon- confirming the adequacy of the request. by paragraph (2), submit the consolidated sibilities of the Director. (C) RECORD.—The Director shall maintain budget proposal to Congress. (4) VACANCY.— a record of each description submitted under SEC. 108. NATIONAL CYBER DEFENSE CONTIN- (A) ABSENCE OR DISABILITY OF DIRECTOR.— subparagraph (A) and each statement sub- GENCY FUND. As determined by the Director, a Deputy Di- mitted under subparagraph (B). (a) ESTABLISHMENT OF FUND.—There is es- rector of the National Cyber Center shall act (3) AGENCY RESPONSE.— tablished within the National Cyber Security for, and exercise the powers of, the Director (A) IN GENERAL.—The head of a Federal Program Budget a fund to be known as the during the absence or disability of the Direc- agency that receives a description under ‘‘National Cyber Defense Contingency tor. paragraph (2)(A) shall include the funding Fund,’’ which shall consist of amounts ap- (B) VACANCY IN POSITION OF DIRECTOR.—As levels and initiatives described by the Direc- propriated to the Fund for the purpose of determined by the President, a Deputy Di- tor in the National Cyber Security Program providing financial assistance and technical rector of the National Cyber Center shall act budget submission for such Federal agency and operational support in the event of a sig- for, and exercise the powers of, the Director to the Office of Management and Budget. nificant cyber incident. during a vacancy in the position of the Di- (B) IMPACT STATEMENT.—If the head of a (b) ADMINISTRATION.—The Director shall be rector. Federal agency alters the National Cyber Se- responsible for the administration and man- (b) GENERAL COUNSEL.— curity Program budget submission of such agement of the amounts in the National (1) IN GENERAL.—There is a General Coun- agency based on a description received under Cyber Defense Contingency Fund. sel of the National Cyber Center who shall be paragraph (2)(A), such head shall include as (c) USE.—In response to a significant cyber appointed by the Director. an appendix to the budget submitted to the incident involving Federal Government or (2) DUTIES.—The General Counsel is the Office of Management and Budget for such United States information networks, the Di- chief legal officer of the National Cyber Cen- agency an impact statement that summa- rector may distribute amounts from the Na- ter and shall perform such functions as the rizes— tional Cyber Defense Contingency Fund to Director may prescribe. (i) the changes made to the budget based appropriate Federal agencies. (c) OTHER OFFICIALS.—The Director may on such description; and (d) NOTIFICATION.—Prior to distributing designate such other officials in the National (ii) the impact of such changes on the abil- amounts under this section, the Director Cyber Center as the Director determines ap- ity of such agency to perform its other re- shall notify the appropriate congressional propriate. sponsibilities, including any impact on spe- committees. (d) STAFF.—To assist the Director in ful- cific missions or programs of such agency. (e) SIGNIFICANT CYBER INCIDENT DEFINED.— filling the duties and responsibilities of the (4) CONGRESSIONAL NOTIFICATION.—The head In this section, the term ‘‘significant cyber Director, the Director shall employ and uti- of a Federal agency shall submit to Congress incident’’ means a malicious act, suspicious lize a professional staff having expertise in a copy of any impact statement prepared event, or accident that—
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17750 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 (1) causes a disruption of Federal Govern- location for, and establish, the Cyber De- (4) Two representatives of State, tribal, ment or United States information net- fense Alliance. and local government departments, agencies, works; (c) CRITERIA.—The criteria to be used in se- or entities. (2) affects one or more Federal agencies or lecting a National Laboratory under sub- (5) Two representatives from the financial public or private sector entities operating section (a) shall include the following: sector. critical infrastructure; (1) Whether the National Laboratory has (6) Two representatives from electronic (3) affects more than one State or a sub- received recognition from members of the in- communication service providers. stantial number of residents in one or more telligence community, the Secretary of (7) Two representatives from the transpor- States; and Homeland Security, or the Secretary of De- tation industry. (4) results in a substantial likelihood of fense for its cyber capabilities. (8) Two representatives from the chemical harm or financial loss to the United States (2) Whether the National Laboratory has industry. or its citizens. demonstrated the ability to address cyber-re- (9) Two representatives from a public or SEC. 109. PROGRAM BUDGET SUBMISSION. lated issues involving varying levels of clas- private electric utility company or other (a) SUBMISSION.—Section 1105(a) of title 31, sified information. generators of power. United States Code, is amended by adding at (3) Whether the National Laboratory has (10) One representative from an academic the end the following: demonstrated the capability to develop coop- institution with established expertise in ‘‘(38) a separate statement of the combined erative relationships with the private sector cyber-related matters. and individual amounts of appropriations re- on cyber-related issues. (11) One additional representative with quested for the National Cyber Security Pro- (d) PARTNERSHIP.—If the Secretary of En- considerable expertise in cyber-related mat- gram, including a separate statement of the ergy, the Director of the National Cyber Cen- ters. amounts of appropriations requested by the ter, the Director of National Intelligence, (c) INITIAL APPOINTMENT.—Not later than Secretary of Defense for the operation and the Secretary of Defense, the Secretary of 30 days after the date of the enactment of activities of the National Cyber Center and a Homeland Security, and the Director of the this Act, the Director of the National Cyber separate statement of the amounts of appro- Federal Bureau of Investigation determine Center, the Secretary of Energy, the Direc- priations requested by the Secretary of En- that the missions and activities of the Cyber tor of National Intelligence, the Secretary of ergy for the operation and activities of the Defense Alliance may only be accomplished Defense, the Secretary of Homeland Secu- Cyber Defense Alliance.’’. through a partnership of two or more Na- rity, and the Director of the Federal Bureau (b) TECHNICAL AMENDMENTS.—Section tional Laboratories acting jointly to support of Investigation shall jointly appoint the 1105(a) of title 31, United States Code, as the Alliance, then the Alliance may be estab- members of the Board described under sub- amended by subsection (a), is further amend- lished and located within such National Lab- section (b). ed— oratories. (d) TERMS.— (1) by redesignating the paragraph (33) SEC. 203. MISSION AND ACTIVITIES. (1) REPRESENTATIVES OF CERTAIN FEDERAL added by section 889 of the Homeland Secu- The Cyber Defense Alliance shall— AGENCIES.—Each member of the Board de- rity Act of 2002 (Public Law 107–296; 116 Stat. (1) facilitate the exchange of ideas and scribed in subsection (b)(1) shall serve for a 2250) as paragraph (35); technical assistance and support related to term that is— (2) by redesignating the paragraph (35) the security of public, private, and critical (A) not longer than three years from the added by section 203 of the Emergency Eco- infrastructure information networks; date of the member’s appointment; and nomic Stabilization Act of 2008 (division A of (2) promote research and development, in- (B) determined jointly by the Director of Public Law 110–343; 122 Stat. 3765) as para- cluding the advancement of private funding the National Cyber Center, the Secretary of graph (36); and for research and development, related to en- Energy, the Director of National Intel- (3) by redesignating the paragraph (36) suring the security of public, private, and ligence, the Secretary of Defense, the Sec- added by section 2 of the Veterans Health critical infrastructure information net- retary of Homeland Security, and the Direc- Care Budget Reform and Transparency Act works; tor of the Federal Bureau of Investigation. of 2009 (Public Law 111–81; 123 Stat. 2137) as (3) serve as a national clearinghouse for (2) OTHER REPRESENTATIVES.—The original paragraph (37). the exchange of cyber threat information for members of the Board described in para- SEC. 110. CONSTRUCTION. the benefit of the private sector, educational graphs (3) through (11) of subsection (b) shall Except as otherwise specifically provided, institutions, State, tribal, and local govern- serve an initial term of one year from the nothing in this title shall be construed as ments, public and private sector entities op- date of appointment under subsection (c), at terminating, altering, or otherwise affecting erating critical infrastructure, and the Fed- which time the members of the Cyber De- any authority of the head of a Federal agen- eral Government in order to enhance the fense Alliance shall conduct elections in ac- cy collocated within or otherwise partici- ability of recipients of such information to cordance with the procedures established pating in the National Cyber Center. ensure the protection and defense of public, under subsection (e). private, and critical infrastructure informa- (e) RULES AND PROCEDURES.—Not later SEC. 111. CONGRESSIONAL OVERSIGHT. tion networks; and than 90 days after the date of the enactment The Director shall keep the appropriate (4) coordinate with the private sector, of this Act, the Board shall establish rules congressional committees fully and cur- State, tribal, and local governments, the and procedures for the election and service of rently informed of the significant activities governments of foreign countries, inter- members of the Board described in para- of the National Cyber Center relating to en- national organizations, and academic insti- graphs (3) through (11) of subsection (b). suring the security of Federal Government tutions in developing and encouraging the (f) LEADERSHIP.—The Board shall elect information networks. use of voluntary standards for enhancing the from among its members a chair and co- TITLE II—CYBER DEFENSE ALLIANCE security of information networks. chair of the Board, who shall serve under SEC. 201. DEFINITIONS. SEC. 204. BOARD OF DIRECTORS. such terms and conditions as the Board may In this title: (a) IN GENERAL.—The Cyber Defense Alli- establish. (1) BOARD.—The term ‘‘Board’’ means the ance shall have a Board of Directors which (g) SUB-BOARDS.—The Board shall have the Board of Directors of the Cyber Defense Alli- shall be responsible for— authority to constitute such sub-Boards, or ance established pursuant to section 204(a). (1) the executive and administrative oper- other advisory groups or panels, from among (2) NATIONAL LABORATORY.—The term ‘‘Na- ation of the Alliance, including matters re- the members of the Board as may be nec- tional Laboratory’’ has the meaning given lating to funding and promotion of the Alli- essary to assist the Board in carrying out its that term in section 2 of the Energy Policy ance; and functions under this section. Act of 2005 (42 U.S.C. 15801). (2) ensuring and facilitating compliance by SEC. 205. CYBER DEFENSE ALLIANCE MEMBER- SEC. 202. CYBER DEFENSE ALLIANCE. members of the Alliance with the require- SHIP. (a) CHARTER.—There is within a National ments of this title. (a) REQUIREMENT FOR PROCEDURES.—Not Laboratory a public and private partnership (b) COMPOSITION.—The Board shall be com- later than 90 days after the date of the enact- for sharing cyber threat information and ex- posed of the following members: ment of this Act, the Board shall establish changing technical assistance, advice, and (1) One representative of the Department procedures for the voluntary membership by support to be known as the Cyber Defense of Energy. State, tribal, and local government depart- Alliance. (2) Four representatives of Federal agen- ments, agencies, and entities, private sector (b) ESTABLISHMENT.—The Secretary of En- cies, other than the Department of Energy, businesses and organizations, and academic ergy, in coordination with the Director of that have significant responsibility for the institutions in the Cyber Defense Alliance. the National Cyber Center, the Director of protection or defense of government infor- (b) PARTICIPATION BY FEDERAL AGENCIES.— National Intelligence, the Secretary of De- mation networks. The Director of the National Cyber Center, fense, the Secretary of Homeland Security, (3) Two representatives from the private in coordination with the Secretary of En- and the Director of the Federal Bureau of In- sector, one of whom shall have experience in ergy, the Director of National Intelligence, vestigation, shall determine the appropriate civil liberties matters. the Secretary of Defense, the Secretary of
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.002 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17751 Homeland Security, the Director of the Fed- (E) shall not, if subsequently provided to a SEC. 209. PENALTIES. eral Bureau of Investigation, and the heads State, tribal, or local government or govern- (a) IN GENERAL.—It shall be unlawful for of other appropriate Federal agencies, may ment agency— any officer or employee of the United States provide for the participation and cooperation (i) be made available pursuant to any or of any Federal agency to knowingly pub- of such Federal agencies in the Cyber De- State, tribal, or local law requiring disclo- lish, divulge, disclose, or make known in any fense Alliance. sure of information or records; manner or to any extent not authorized by SEC. 206. FUNDING. (ii) otherwise be disclosed or distributed to law, any cyber threat information protected any party by such State, tribal, or local gov- from disclosure by this title coming to such (a) INITIAL EXPENSES.—Administrative and logistical expenses associated with the ini- ernment or government agency without the officer or employee in the course of the em- tial establishment of the Cyber Defense Alli- written consent of the person or entity sub- ployee’s employment or official duties or by mitting such information; or ance shall be paid by the Secretary of En- reason of any examination or investigation (iii) be used other than for the purpose of ergy and shall be included within the Na- made by, or return, report, or record made to protecting information systems, or in fur- tional Cyber Security Program budget re- or filed with, such officer, employee, or agen- therance of an investigation or the prosecu- quest for the Department of Energy. cy. tion of a criminal act; and (b) PENALTY.—Any person who violates (b) OTHER EXPENSES.— (F) does not constitute a waiver of any ap- subsection (a) shall be fined under title 18, (1) IN GENERAL.—Except as provided in plicable privilege or protection provided United States Code, imprisoned for not more paragraph (2), annual administrative and under law, such as trade secret protection. than 1 year, or both, and shall be removed operational expenses for the Cyber Defense (2) APPLICATION.—Paragraph (1) shall only from office or employment. Alliance shall be paid by the members of apply to information shared with or provided SEC. 210. AUTHORITY TO ISSUE WARNINGS. such Alliance, as determined by the Board. to the Cyber Defense Alliance or to a Federal (2) MAXIMUM FEDERAL CONTRIBUTION.—Not The Federal Government may provide agency through such Alliance by a member advisories, alerts, and warnings to relevant more than 15 percent of the annual expenses of the Cyber Defense Alliance that is not a referred to in paragraph (1) may be paid by companies, targeted sectors, other govern- Federal agency if such information is accom- ment entities, or the general public regard- the Federal Government. Such amount shall panied by an express statement requesting be provided under the direction of the Sec- ing potential threats to information net- that such paragraph apply. works as appropriate. In issuing a warning, retary of Energy and shall be included with- (b) LIMITATION.—The Federal Advisory the Federal Government shall take appro- in the National Cyber Security Program Committee Act (5 U.S.C. App.) shall not priate actions to protect from disclosure— budget request for the Department of En- apply to any communication of information (1) the source of any voluntarily submitted ergy. to a Federal agency made pursuant to this information that forms the basis for the SEC. 207. CLASSIFIED INFORMATION. title. warning; and Consistent with the protection of sensitive (c) PROCEDURES.— (1) IN GENERAL.—Not later than 90 days (2) information that is proprietary, busi- intelligence sources and methods, the Direc- ness sensitive, relates specifically to the sub- tor of National Intelligence shall facilitate— after the date of the enactment of this Act, the Director of National Intelligence shall, mitting person or entity, or is otherwise not (1) the sharing of classified information in appropriately in the public domain. the possession of a Federal agency related to in consultation with the heads of appropriate Federal agencies, establish uniform proce- SEC. 211. EXEMPTION FROM ANTITRUST PROHI- threats to information networks with appro- BITIONS. priately cleared members of the Alliance, in- dures for the receipt, care, and storage by such agencies of information that is volun- The exchange of information by and be- cluding representatives of the private sector tween private sector members of the Cyber and of public and private sector entities op- tarily submitted to the Federal Government through the Cyber Defense Alliance. Defense Alliance, in furtherance of the mis- erating critical infrastructure; and sion and activities of the Cyber Defense Alli- (2) the declassification and sharing of in- (2) ELEMENTS.—The procedures established under paragraph (1) shall include procedures ance, shall not be considered a violation of formation in the possession of a Federal for— any provision of the antitrust laws (as de- agency related to threats to information net- (A) the acknowledgment of receipt by a fined in the first section of the Clayton Act works with members of the Alliance. Federal agency of cyber threat information (15 U.S.C. 12)). SEC. 208. VOLUNTARY INFORMATION SHARING. that is voluntarily submitted to the Federal SEC. 212. DURATION. (a) USES OF SHARED INFORMATION.— Government; The Cyber Defense Alliance shall cease to (1) IN GENERAL.—Notwithstanding any (B) the maintenance of the identification exist on December 31, 2020. other provision of law and subject to para- of such information; graph (2), information shared with or pro- (C) the care and storage of such informa- SA 4696. Mr. COBURN submitted an vided to the Cyber Defense Alliance or to a tion; amendment intended to be proposed by Federal agency through such Alliance by any (D) limiting subsequent dissemination of him to the bill S. 510, to amend the member of the Cyber Defense Alliance that such information to ensure that such infor- is not a Federal agency in furtherance of the Federal Food, Drug, and Cosmetic Act mation is not used for an unauthorized pur- with respect to the safety of the food mission and activities of the Alliance as de- pose; scribed in section 203— (E) the protection of the constitutional supply; which was ordered to lie on the (A) shall be exempt from disclosure under and statutory rights of any individuals who table; as follows: section 552 of title 5, United States Code are subjects of such information; and Strike all after the enacting clause and in- (commonly referred to as the Freedom of In- (F) the protection and maintenance of the sert the following: formation Act); confidentiality of such information so as to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (B) shall not be subject to the rules of any permit the sharing of such information with- (a) SHORT TITLE.—This Act may be cited as Federal agency or any judicial doctrine re- in the Federal Government and with State, the ‘‘Ensuring Greater Food Safety Act of garding ex parte communications with a de- tribal, and local governments, and the 2010’’. cision-making official; issuance of notices and warnings related to (b) TABLE OF CONTENTS.—The table of con- (C) shall not, without the written consent the protection of information networks, in tents for this Act is as follows: of the person or entity submitting such in- such manner as to protect from public dis- Sec. 1. Short title; table of contents. formation, be used directly by any Federal closure the identity of the submitting person Sec. 2. Ensuring Federal agencies effectively agency, any other Federal, State, tribal, or or entity, or information that is proprietary, communicate to ensure greater local authority, or any third party, in any business sensitive, relates specifically to the food safety. civil action arising under Federal or State submitting person or entity, and is otherwise Sec. 3. Strategic plan for health information law if such information is submitted to the not appropriately in the public domain. technology. Cyber Defense Alliance in good faith and for (d) INDEPENDENTLY OBTAINED INFORMA- Sec. 4. Expediting new food safety tech- the purpose of facilitating the missions of TION.—Nothing in this section shall be con- nologies. such Alliance; strued to limit or otherwise affect the abil- Sec. 5. Limited access to records in public (D) shall not, without the written consent ity of a Federal agency, a State, tribal, or health emergencies. of the person or entity submitting such in- local government or government agency, or Sec. 6. Registration of food facilities. formation, be used or disclosed by any officer any third party— Sec. 7. Clarifying FDA authority to require or employee of the United States for pur- (1) to obtain cyber threat information in a preventive controls. poses other than the purposes of this title, manner other than through the Cyber De- Sec. 8. Export certification fees for foods except— fense Alliance, including obtaining any in- and animal feed. (i) in furtherance of an investigation or the formation lawfully and properly disclosed Sec. 9. Leveraging third party inspections. prosecution of a criminal act; or generally or broadly to the public; and Sec. 10. Entry of food from facilities in- (ii) the disclosure of the information to the (2) to use such information in any manner spected by an accredited third appropriate congressional committee; permitted by law. party.
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(a) IN GENERAL.—Notwithstanding any (b) CONTENT.—The report submitted under ‘‘(a) DEFINITIONS.—In this section: other provision of law, not later than 60 days subsection (a) shall include a description of ‘‘(1) CRITICAL CONTROL POINT.—The term after the date of enactment of this Act, the how the Food and Drug Administration plans ‘critical control point’ means a point, step, Secretary of Health and Human Services and to provide more effective risk-communica- or procedure in a food process at which con- the Secretary or Agriculture shall establish tion regarding new technologies described in trol can be applied, and, as a result, an iden- a plan to ensure effective information shar- such report that are approved by such Ad- tified food safety hazard can be prevented, ing regarding the regulation and inspection ministration. eliminated, or reduced to acceptable levels. of food products and facilities, including vio- ‘‘(2) CRITICAL LIMIT.—The term ‘critical lations, in which the Food and Drug Admin- SEC. 5. LIMITED ACCESS TO RECORDS IN PUBLIC limit’ means the maximum or minimum HEALTH EMERGENCIES. istration and the Department of Agriculture value to which a physical, biological, or share joint, overlapping, or similar responsi- (a) MAINTENANCE AND INSPECTION OF chemical parameter must be controlled at a bility. RECORDS.—Section 414 of the Federal Food, critical control point to prevent, eliminate, (b) JOINT REPORT.—Not later than 1 year Drug, and Cosmetic Act (21 U.S.C. 350c) is or reduce to an acceptable level the occur- after the date of enactment of this Act, the amended— rence of the identified food safety hazard. Secretary of Health and Human Services and (1) in subsection (a)— ‘‘(b) REGULATIONS BY SECRETARY.—The the Secretary of Agriculture shall issue to (A) by inserting ‘‘or a related article of Secretary— Congress a joint report that summarizes the food’’ after ‘‘such article’’ each place the ‘‘(1) may by regulation require manufac- effectiveness, or lack of effectiveness, of the term appears; turers, processors, and packers of food to im- new information sharing arrangement estab- (B) by inserting ‘‘or a related article of plement science-based and risk-based proc- lished pursuant to subsection (a). food’’ after ‘‘whether the food’’; and esses to prevent, reduce, or eliminate spe- (c) GAO REPORT.—Not later than 1 year (C) by adding at the end the following: ‘‘In cific hazards from high-risk foods; and after the issuance of the report under sub- this subsection, the term ‘related article of ‘‘(2) may issue guidance to assist the rel- section (b), the Comptroller General of the food’ means an article of food that is related evant industry with compliance with this United States shall issue to Congress a re- to the article of food the Secretary has rea- section. port concerning the determination and de- son to believe is adulterated, such as an arti- ‘‘(c) LIMITATION.—The Secretary shall not scription of any inefficiencies or other chal- cle of food produced on the same manufac- have the authority to place any specific re- lenges that remain regarding the sharing of turing line as the article of food believed to quirements on food safety plans required information as required pursuant to sub- be adulterated.’’; and pursuant to subsection (d)(1). The authority section (a). (2) by adding at the end the following: of the Secretary under this section is limited SEC. 3. STRATEGIC PLAN FOR HEALTH INFORMA- ‘‘(e) FOOD-RELATED EMERGENCIES.—In the to validating the existence of a food safety TION TECHNOLOGY. case of a food-related public health emer- plan that meets the explicit statutory re- Not later than 1 year after the date of en- gency declared by the Secretary under sec- quirements provided in this section. actment of this Act, the Secretary of Health tion 319 of the Public Health Service Act, the ‘‘(d) CONTENT.— and Human Services shall submit to the Secretary may take action as described in ‘‘(1) DETERMINATION.—The regulations Committee on Health, Education, Labor, and subsection (a) if the Secretary has a reason- under subsection (b) shall include a deter- Pensions and the Committee on Appropria- able belief that such article of food— mination specifying the food facilities which tions of the Senate and the Committee on ‘‘(1) presents a threat of serious adverse shall be required to develop and maintain a Energy and Commerce and the Committee on health consequences or death; and written food safety plan. The determination Appropriations of the House of Representa- ‘‘(2) is related to the emergency.’’. shall include a careful examination of the ef- tives, a strategic plan on information tech- (b) FACTORY INSPECTION.—Section 704(a)(1) fect on small businesses and shall include nology that includes— of the Federal Food, Drug, and Cosmetic Act specific exemptions for firms that will be ad- (1) an assessment of the information tech- (21 U.S.C. 374(a)(1)) is amended in the second versely impacted by the requirements of this nology infrastructure, including systems for sentence by inserting ‘‘, and in the case of a section. food safety data collection, access to data in food-related public health emergency de- ‘‘(2) REQUIREMENT.—The regulations under external food safety databases, data mining clared by the Secretary under section 319 of subsection (b) shall require that a required capabilities, personnel, and personnel train- the Public Health Service Act, the inspec- food safety plan— ing programs, needed by the Food and Drug tion shall extend to all records and other in- ‘‘(A) list the food safety hazards which the Administration to— formation described in section 414 if the Sec- plan is intended to address; (A) comply with the requirements of the retary has a reasonable belief that such arti- ‘‘(B) list the critical control points for Federal Food, Drug, and Cosmetic Act (21 cle of food presents a threat of serious ad- each of the identified food safety hazards; U.S.C. 301 et seq.); verse health consequences or death and is re- ‘‘(C) list the critical limits that must be (B) achieve interoperability within the lated to the emergency, subject to the limi- met at each of the critical control points; Center for Food Safety and Nutrition and be- tations established in section 414(d)’’ before ‘‘(D) list the procedures, and frequency tween the Food and Drug Administration the period at the end. thereof, that will be used to monitor each of and the Department of Agriculture, U.S. the critical control points to ensure compli- Customs and Border Protection, and the Cen- SEC. 6. REGISTRATION OF FOOD FACILITIES. ance with the critical limits; ters for Disease Control and Prevention; Section 415(a) of the Federal Food, Drug, ‘‘(E) include any corrective action plans (C) utilize electronic import and recall and Cosmetic Act (21 U.S.C. 350d(a)) is that have been developed to be followed in records; and amended— response to deviations from critical limits at (D) communicate food safety and recall in- (1) in paragraph (2), by inserting ‘‘(or any critical control points to either prevent the formation to industry and the public; successor regulation)’’ after ‘‘Federal Regu- food from entering commerce, or for cor- (2) an assessment of the extent to which lations’’; recting the deviation; the current information technology assets of (2) by redesignating paragraphs (3) and (4) ‘‘(F) list the verification procedures, and the Food and Drug Administration are suffi- as paragraphs (4) and (5), respectively; and frequency thereof, that the manufacturer, cient to meet the needs assessments under (3) by inserting after paragraph (2) the fol- processor, packer will use to ensure the plan paragraph (1); lowing: is adequate to control identified food safety (3) a plan for enhancing the information ‘‘(3) BIENNIAL REREGISTRATION.— hazards and that the plan is being effectively technology assets of the Food and Drug Ad- ‘‘(A) IN GENERAL.—On a biennial basis, a implemented; ministration toward meeting the needs as- registrant that has registered under para- ‘‘(G) provide for a recordkeeping system sessments under paragraph (1); and graph (1) shall submit to the Secretary a re- that documents the acceptance and imple- (4) an assessment of additional resources registration containing the information de- mentation of the plan, including calibration needed to so enhance the information tech- scribed in paragraph (2). of instruments, monitoring of the critical nology assets of the Food and Drug Adminis- ‘‘(B) EXPEDITED REREGISTRATION.—The Sec- control points, and corrective actions; tration. retary may provide for an expedited rereg- ‘‘(H) establish a schedule for periodic reas- SEC. 4. EXPEDITING NEW FOOD SAFETY TECH- istration process in the case of a registrant sessment of the adequacy of the plan which NOLOGIES. for which the information described in para- shall be at least annually and whenever any (a) IN GENERAL.—Not later than 1 year graph (2) has not changed since the preceding changes occur that could affect the hazard after the date of enactment of this Act, the registration or reregistration.’’. analysis or alter the food safety plan; and
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‘‘(I) be modified immediately whenever a (2) in clause (i) by striking ‘‘exported ‘‘(i) IN GENERAL.—Not later than 180 days reassessment or ongoing verification reveals drug’’ and inserting ‘‘exported food, drug’’; after the date of enactment of the Ensuring that the plan is no longer adequate to fully and Greater Food Safety Act of 2010, the Sec- meet the requirements of this section. (3) in clause (ii) by striking ‘‘the drug’’ retary shall publish in the Federal Register ‘‘(3) DESCRIPTION.—The regulations under each place it appears and inserting ‘‘the criteria to accredit entities, including the subsection (b) shall describe, as the Sec- food, drug’’. requirements described in clause (iii), and retary determines necessary, any evidence (b) TREATMENT OF FEES.—Section 801(e)(4) the categories of accreditation. that shall be required to accompany food im- of the Federal Food, Drug, and Cosmetic Act ‘‘(ii) CONSULTATION.—In developing the cri- ported or offered for import into the United (21 U.S.C. 381(e)(4)) is amended— teria and categories described in clause (i), States to verify that the food was manufac- (1) by amending subparagraph (B) to read the Secretary shall consult with the Sec- tured, processed, or packed under conditions as follows: retary of Agriculture, the Secretary of Com- that comply with this Act. Such evidence ‘‘(B) If the Secretary issues a written ex- merce, and the heads of other agencies with shall be of a similar nature and stringency to port certification within the 20 days pre- experience in accrediting third parties to de- that which is required by the regulations for scribed by subparagraph (A), a fee for such termine the accreditation categories and cri- food manufactured, processed, or packed in certification may be charged but shall not teria that are most appropriate. the United States. exceed $175 for each certification.’’; and ‘‘(iii) REQUIREMENTS TO BECOME ACCRED- ‘‘(e) OFFICIAL REVIEW.—All records, food (2) by inserting after subparagraph (B) the ITED.—In order for an entity to be accredited safety plans, and procedures required by this following: under this subsection, the entity shall, at a section shall be made available to the Sec- ‘‘(C) With respect to fees collected for a fis- minimum, meet the following requirements: retary upon request for official review and cal year pursuant to subparagraph (B), the ‘‘(I) Such entity may not be an employee of copying at reasonable times. In conducting following shall apply: the Federal Government. such a review, the authority of the Secretary ‘‘(i) In the case of fees for certification of ‘‘(II) Such entity shall be an independent shall be limited to validating the existence exported drugs, animal drugs, or devices, be organization that is not owned or controlled of the plan and the Secretary shall not have credited to the appropriation account for sal- by a manufacturer, supplier, or vendor of the authority to alter the plan or require aries and expenses of the Food and Drug Ad- food regulated under this Act and that has specific items with the plan. ministration and be available in accordance no organizational, material, or financial af- ‘‘(f) PUBLIC DISCLOSURE.—All food safety with appropriations Acts until expended, filiation (including a consultative affili- plans and records required by this section without fiscal year limitation. To cover the ation) with such a manufacturer, supplier, or shall not be made available for public disclo- cost of issuing such certifications, such sums vendor. sure unless such plans and records are data as necessary may be transferred from such ‘‘(III) Such entity shall be legally con- and information previously disclosed to the appropriation account for salaries and ex- stituted and permitted to conduct the in- public (as described in section 20.81 of title penses of the Food and Drug Administration spection activities for which it seeks accred- 21, Code of Federal Regulations), or such without fiscal year limitation to such appro- itation. plans and records relate to a food or ingre- ‘‘(IV) Such entity may not engage in the dient that has been abandoned and such priation account for salaries and expenses with fiscal year limitation. design, manufacture, promotion, or sale of plans and records no longer represent a trade food regulated under this Act. secret or confidential commercial or finan- ‘‘(ii) In the case of fees for certification of exported foods, be credited to the Food and ‘‘(V) The operations of such entity shall be cial information (as described in section 20.61 in accordance with generally accepted pro- of title 21, Code of Federal Regulations). Drug Administration User Fee Account and be available in accordance with appropria- fessional and ethical business practices, and ‘‘(g) IMPORTS.— such entity shall agree in writing that, at a tions Acts until expended, without fiscal ‘‘(1) IN GENERAL.—The Secretary may es- minimum, the entity will— year limitation.’’. tablish additional or substitute methods and ‘‘(aa) certify that reported information ac- (c) CLARIFICATION OF CERTIFICATION.—Sec- requirements to apply to foreign manufac- curately reflects data reviewed, inspection turers, processors, and packers of food that tion 801(e)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(4)), as amend- observations made, other matters that relate are of similar stringency to the methods and to or may influence compliance with this ed by subsection (b), is amended by adding at requirements applicable to domestic manu- Act, and recommendations made during an the end the following: facturers, processors, and packers of food. inspection or at an inspection’s closing ‘‘(D) For purposes of this paragraph, a cer- Such methods or requirements shall ensure meeting; tification by the Secretary shall be made on that— ‘‘(bb) limit work to that for which com- such basis, and in such form (which may in- ‘‘(A) food imported or offered for import petence and capacity are available; clude a publicly available listing) as the Sec- into the United States is manufactured, ‘‘(cc) treat information received, records, retary determines appropriate.’’. processed, and packed in accordance with reports, and recommendations as confiden- this Act; and SEC. 9. LEVERAGING THIRD PARTY INSPECTIONS. tial commercial or financial information or ‘‘(B) food manufactured, processed, or (a) IN GENERAL.—Section 704 of the Federal trade secret information, except such infor- packed in a foreign country is evaluated for Food, Drug, and Cosmetic Act (21 U.S.C. 374) mation may be made available to the Sec- compliance with this Act in a similar man- is amended by adding at the end the fol- retary; and ner as food manufactured, processed, or lowing: ‘‘(dd) promptly respond and attempt to re- packed in the United States. ‘‘(h) ACCREDITATION OF ENTITIES THAT IN- solve complaints regarding its activities for ‘‘(2) COMPETENT THIRD PARTY.—An importer SPECT DOMESTIC FACILITIES OR FOREIGN FA- which it is accredited. may contract with a competent third party CILITIES.— ‘‘(iv) CATEGORIES OF ACCREDITATION.—The to assist with or perform any or all of the ‘‘(1) DEFINITIONS.—In this subsection: categories of accreditation may include— verification activities specified in this sec- ‘‘(A) DOMESTIC FACILITY.—The term ‘do- ‘‘(I) inspection of domestic facilities only; tion. mestic facility’ has the meaning given the ‘‘(II) inspection of foreign facilities only; ‘‘(h) EXCEPTIONS.—The regulations in this term in section 415. or section shall not apply to— ‘‘(B) FOREIGN FACILITY.—The term ‘foreign ‘‘(III) inspection of both domestic facilities ‘‘(1) harvesting food, without otherwise en- facility’ has the meaning given the term in and foreign facilities. gaging in processing; section 415. ‘‘(C) ACTING ON REQUEST FOR ACCREDITA- ‘‘(2) the operation of a retail establish- ‘‘(2) VOLUNTARY USE OF ACCREDITED ENTI- TION.— ment; TIES BY FACILITIES.—A domestic facility or ‘‘(i) INFORMATION ON ADEQUACY.—Not later ‘‘(3) the manufacturing, processing, or foreign facility may employ an entity ac- than 60 days after the date the Secretary re- packing of seafood or fresh juice; and credited under this subsection to inspect ceives a request from an entity to be accred- ‘‘(4) small producers that demonstrate in such facility to ensure compliance with this ited under this subsection, the Secretary writing to the Secretary that complying Act. shall inform the entity whether the request with such regulations would adversely im- ‘‘(3) AUTHORIZATION.— for accreditation is adequate for review. pact their operations.’’. ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(ii) DETERMINATION.—Not later than 90 SEC. 8. EXPORT CERTIFICATION FEES FOR after the date of enactment of the Ensuring days after the date the Secretary informs an FOODS AND ANIMAL FEED. Greater Food Safety Act of 2010, the Sec- entity under clause (i), the Secretary shall (a) AUTHORITY FOR EXPORT CERTIFICATIONS retary, subject to subparagraph (B), shall ac- make a determination with respect to the re- FOR FOOD, INCLUDING ANIMAL FEED.—Section credit entities for the purpose of inspecting quest. 801(e)(4)(A) of the Federal Food, Drug, and domestic facilities or foreign facilities to en- ‘‘(D) CONTENT OF ACCREDITATION.—Any ac- Cosmetic Act (21 U.S.C. 381(e)(4)(A)) is sure compliance with this Act. Such entities creditation granted under this subsection amended— may include State governments or foreign shall state that the entity is accredited to (1) in the matter preceding clause (i), by government entities. conduct inspections at domestic facilities, striking ‘‘a drug’’ and inserting ‘‘a food, ‘‘(B) CRITERIA TO ACCREDIT ENTITIES AND foreign facilities, or both, or such other cat- drug’’; CATEGORIES OF ACCREDITATION.— egories as may be applicable.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.003 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17754 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010
‘‘(E) EFFECT OF SUBSECTION.—Nothing in section shall be subject to section 1001 of ‘‘(7) SYMBOL INDICATING INSPECTION BY AN this subsection shall affect the authority of title 18, United States Code. ACCREDITED ENTITY.—The Secretary may by the Secretary under this Act to inspect any ‘‘(v) IMMEDIATE NOTIFICATION.—If, at any regulation establish one or more tamper-re- domestic facility or foreign facility. time during an inspection by an entity ac- sistant symbols indicating that an article of ‘‘(4) REQUIREMENTS OF ACCREDITED ENTI- credited under this subsection, the entity food was produced in a domestic or foreign TIES.— discovers a condition that could cause or facility that passed an accredited third party ‘‘(A) MAINTENANCE OF RECORDS.— contribute to an unreasonable risk to the inspection. Such a symbol may be affixed on ‘‘(i) IN GENERAL.—An entity accredited public health, the entity shall immediately the packaging of such an article. under this subsection shall maintain records notify the Secretary of the identity of the fa- ‘‘(8) ELECTRONIC IMPORT CERTIFICATES.—If documenting— cility subject to inspection and such condi- the standards, processes, and criteria to cer- ‘‘(I) the qualifications of the entity to in- tion. tify articles of food used by a foreign regu- spect and the training and qualification of ‘‘(5) REQUIREMENTS OF THE SECRETARY.— latory authority of an exporting country or employees of the entity; ‘‘(A) PUBLICATION OF LIST OF ACCREDITED an entity accredited under this subsection ‘‘(II) the procedures used by the entity for ENTITIES ON INTERNET.— are sufficient to ensure compliance with this handling confidential information; ‘‘(i) IN GENERAL.—The Secretary shall pub- Act, the Secretary shall enter into agree- ‘‘(III) the compensation arrangements lish on the Internet Web site of the Food and ments with such regulatory authority or made by the entity; and Drug Administration lists of entities that such accredited entity to electronically cer- ‘‘(IV) the procedures used by the entity to are accredited under this subsection in each tify each food shipment or class of shipments identify and avoid conflicts of interest. category established under this subsection. of designated food for compliance with this ‘‘(ii) ACCESS TO RECORDS.—Upon the re- ‘‘(ii) UPDATING LISTS.—The lists described Act prior to shipment. Such agreements quest of an officer or employee designated by in clause (i) shall be updated to ensure that shall include provision of electronic certifi- the Secretary, an entity accredited under the identity of each entity accredited under cates from such regulatory authority or such this subsection shall permit the officer or this subsection, and the particular category accredited entity to accompany each ship- employee, at all reasonable times, to have for which the entity is accredited, is known ment. The Secretary shall provide criteria access to, copy, and verify the records de- to the public. The lists shall be updated not for such certificates to ensure a secure sys- scribed in clause (i). later than 30 days after the date on which— tem that prevents counterfeiting of the cer- ‘‘(iii) PRODUCTION OF RECORDS.—Not later ‘‘(I) an entity is accredited under this sub- tificates and takes into consideration pos- than 15 days after the date an entity accred- section; sible transshipment of products as a way to ited under this subsection receives a written ‘‘(II) the accreditation of an entity under avoid certification. request from the Secretary for a copy of the this subsection is suspended or withdrawn; ‘‘(9) CONSIDERATION.—Notwithstanding any records described in clause (i), the entity or other provision of law, the Secretary shall shall produce the copy at the place des- ‘‘(III) the particular category for which an consider inspections performed by accredited ignated by the Secretary. entity is accredited under this subsection is entities under this subsection, as well as modified. ‘‘(B) INSPECTION REPORTS.— other private food safety contracts, when de- ‘‘(B) AUDITS; WITHDRAWAL; DEBARMENT.— ‘‘(i) IN GENERAL.—In carrying out an in- termining the overall inspection schedule of ‘‘(i) IN GENERAL.—To ensure that entities spection of a domestic facility or foreign fa- the Food and Drug Administration in order accredited under this subsection continue to cility to ensure compliance with this Act, an to focus on higher-risk facilities.’’. meet the standards of accreditation, the Sec- entity accredited under this subsection (b) PROHIBITED ACTS.—Section 301(y) of the retary shall— shall— Federal Food, Drug, and Cosmetic Act (21 ‘‘(I) audit the performance of such entities ‘‘(I) record in writing the entity’s inspec- U.S.C. 331(y)) is amended— on a periodic basis through the review of in- tion observations; (1) in paragraph (1), by inserting ‘‘or an en- spection reports and inspections by the Sec- ‘‘(II) present the observations to the facili- tity accredited under section 704(h)’’ after retary to evaluate the compliance status of a ty’s designated representative and describe ‘‘523’’; domestic facility or foreign facility and the each observation; and (2) in paragraph (2)— performance of entities accredited under this (A) by inserting ‘‘or an entity accredited ‘‘(III) prepare an inspection report (includ- subsection; and ing for inspections for which there are no ‘‘(II) take such additional measures as the under section 704(h)’’ after ‘‘523’’; and corrective actions needed) in a form and Secretary determines to be appropriate. (B) by inserting ‘‘or entity’’ after ‘‘such manner consistent with such reports pre- person’’; and ‘‘(ii) WITHDRAWAL.— pared by employees and officials designated (3) in paragraph (3)— ‘‘(I) IN GENERAL.—The Secretary may with- by the Secretary to conduct inspections. draw accreditation of an entity accredited (A) by inserting ‘‘or an entity accredited ‘‘(ii) CONTENT OF REPORT.—An inspection under this subsection, after providing notice under section 704(h)’’ after ‘‘523’’; report prepared under clause (i)(III) shall, at and an opportunity for an informal hearing, (B) by inserting ‘‘or entity’’ after ‘‘by such a minimum— if— person’’; and ‘‘(I) identify the person responsible for ‘‘(aa) such entity is substantially not in (C) by inserting ‘‘or entity’’ after ‘‘to such compliance with this Act at the inspected fa- compliance with the standards of accredita- person’’. cility, the dates of the inspection, and the tion; SEC. 10. ENTRY OF FOOD FROM FACILITIES IN- scope of the inspection; ‘‘(bb) such entity poses a threat to public SPECTED BY AN ACCREDITED THIRD ‘‘(II) describe in detail each observation health; PARTY. identified by the entity accredited under this ‘‘(cc) such entity fails to act in a manner Section 801 of the Federal Food, Drug, and subsection; that is consistent with the purposes of this Cosmetic Act (21 U.S.C. 381) is amended by ‘‘(III) identify other matters that relate to subsection; or adding at the end the following: or may influence compliance with this Act; ‘‘(dd) the Secretary determines that there ‘‘(p) ENTRY OF FOOD FROM FACILITIES IN- and is a financial conflict of interest in the rela- SPECTED BY AN ACCREDITED THIRD PARTY.—If ‘‘(IV) describe any recommendations made tionship between such entity and the owner an article of food is being imported or of- by the entity accredited under this sub- or operator of a domestic facility or foreign fered for import at a port of entry into the section to the inspected facility during the facility that the entity has inspected under United States and such article of food is inspection or at the inspection’s closing this subsection. from a foreign facility at which an inspec- meeting. ‘‘(II) SUSPENSION.—The Secretary may sus- tion by an entity accredited under section ‘‘(iii) REPORT SENT TO THE SECRETARY.—Not pend accreditation of an entity during the 704(h) was completed prior to the production later than 10 days after the last date of an pendency of the process under subclause (I). of such article of food at such facility and— inspection, the entity accredited under this ‘‘(iii) DEBARMENT.—If the Secretary deter- ‘‘(1) the results of the inspection were no subsection shall submit the inspection report mines that an entity accredited under this official action indicated, the Commissioner prepared under clause (i)(III) to the Sec- subsection has violated section 301(y), the of Food and Drugs agrees with the results of retary and the designated representative of Secretary— the inspection, and such facility has a cer- the inspected facility at the same time. The ‘‘(I) shall withdraw such entity’s accredita- tificate described under section 704(h)(8), inspection report submitted to the Secretary tion under this subsection; and then the article of food shall be presumed to shall be accompanied by all written inspec- ‘‘(II) may permanently debar a responsible be admissible into the United States and tion observations previously provided to the person for such entity from being accredited shall not be detained or refused admission designated representative of the inspected and from carrying out inspection activities but shall receive permission for expedited facility. under this subsection. entry into the United States; ‘‘(iv) FALSE STATEMENTS.—Any statement ‘‘(6) FEES.—An entity accredited under this ‘‘(2) the results of the inspection were vol- or representation made by an employee or subsection may charge a domestic facility or untary action indicated and the Commis- agent of a domestic facility or foreign facil- foreign facility reasonable fees for inspection sioner of Food and Drugs agrees with the re- ity to an entity accredited under this sub- services. sults of the inspection, then the article of
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.003 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17755 food shall be subject to increased random in- tended to be proposed by him to the (g) FISCAL YEARS 2011 THROUGH 2013.—The spection at the border; or bill S. 510, to amend the Federal Food, point of order under this section shall only ‘‘(3) the results of the inspection were offi- Drug, and Cosmetic Act with respect to apply to legislation providing or authorizing cial action indicated and the Commissioner the safety of the food supply; which discretionary budget authority, credit au- of Food and Drugs agrees with the results of was ordered to lie on the table; as fol- thority or other spending authority, pro- the inspection, then the article of food viding a federal tax deduction, credit, or ex- shall— lows: clusion, or modifying the Harmonized Tariff ‘‘(A) be— At the appropriate place, insert the fol- Schedule in fiscal years 2011 through 2013. ‘‘(i) held at the port of entry for the article lowing: (h) APPLICATION.—This rule shall not apply without physical examination and refused SEC. lll. FISCAL YEARS 2011 THROUGH 2013 to any authorization of appropriations to a admission if the inspection failure was due EARMARK MORATORIUM. Federal entity if such authorization is not to a condition presenting a reasonable prob- (a) BILLS AND JOINT RESOLUTIONS.— specifically targeted to a State, locality, or ability that the use of or exposure to the ar- (1) POINT OF ORDER.—It shall not be in congressional district. ticle of food will cause serious adverse order to— health consequences or death; or (A) consider a bill or joint resolution re- SA 4698. Mr. PRYOR submitted an ‘‘(ii) placed on import alert if the inspec- ported by any committee or a bill or joint amendment intended to be proposed by tion failure was due to a condition in which resolution reported by any committee with a him to the bill S. 510, to amend the report that includes an earmark, limited tax use of or exposure to the article of food may Federal Food, Drug, and Cosmetic Act cause temporary or medically reversible ad- benefit, or limited tariff benefit; or (B) a Senate bill or joint resolution not re- with respect to the safety of the food verse health consequences or where the prob- supply; which was ordered to lie on the ability of serious adverse health con- ported by committee that includes an ear- sequences is remote; and mark, limited tax benefit, or limited tariff table; as follows: ‘‘(B) be subject to other actions as provided benefit. On page 222, between lines 4 and 5, insert under this Act.’’. (2) RETURN TO THE CALENDAR.—If a point of the following: order is sustained under this subsection, the SEC. 11. ACTIVITIES WITH OTHER GOVERN- SEC. 212. REPORT ON FOOD FRAUD. MENTS. bill or joint resolution shall be returned to (a) IN GENERAL.—Not later than 1 year (a) MEETINGS AND AGREEMENTS.— the calendar until compliance with this sub- after the date of enactment of this Act and (1) IN GENERAL.—In carrying out the func- section has been achieved. annually thereafter, the Commissioner of (b) CONFERENCE REPORT.— tions of the Office of International Programs Food and Drugs shall prepare and submit to (1) POINT OF ORDER.—It shall not be in of the Food and Drug Administration, the the Committee on Agriculture, Nutrition, order to vote on the adoption of a report of Secretary of Health and Human Services (re- and Forestry, the Committee on Health, a committee of conference if the report in- ferred to in this section as the ‘‘Sec- Education, Labor, and Pensions, the Com- cludes an earmark, limited tax benefit, or retary’’)— mittee on Commerce, and the Committee on limited tariff benefit. (A) shall regularly participate in meetings Appropriations of the Senate and to the (2) RETURN TO THE CALENDAR.—If a point of with representatives of foreign governments Committee on Energy and Commerce, the order is sustained under this subsection, the to discuss and reach agreement on methods Committee on Agriculture, and the Com- conference report shall be returned to the and approaches to harmonize regulatory re- mittee on Appropriations of the House of calendar. quirements; and Representatives a written report on food (c) FLOOR AMENDMENT.—It shall not be in (B) may enter into an agreement with a order to consider an amendment to a bill or fraud. foreign entity to facilitate commerce in food joint resolution if the amendment contains (b) CONTENTS OF REPORT.—The report de- between the United States and such entity— an earmark, limited tax benefit, or limited scribed in subsection (a) shall include— (i) consistent with the requirements of this tariff benefit. (1) a list of food fraud complaints filed with Act and the Federal Food, Drug, and Cos- (d) AMENDMENT BETWEEN THE HOUSES.— the Food and Drug Administration; metic Act (21 U.S.C. 301 et seq.); and (1) IN GENERAL.—It shall not be in order to (2) a list of food fraud investigations con- (ii) in which the Secretary shall encourage consider an amendment between the Houses ducted by the Food and Drug Administra- the mutual development and recognition of— if that amendment includes an earmark, lim- tion; (I) good manufacturing practice regula- ited tax benefit, or limited tariff benefit. (3) penalties for food fraud assessed by the tions; and (2) RETURN TO THE CALENDAR.—If a point of Food and Drug Administration; (II) other regulations and testing protocols order is sustained under this subsection, the (4) resources of the Food and Drug Admin- as the Secretary determines to be appro- amendment between the Houses shall be re- istration that are used to combat food fraud, priate. turned to the calendar until compliance with including staffing and equipment; (2) JOINT INSPECTION.—An agreement en- this subsection has been achieved. (5) field reports of food fraud investiga- tered into pursuant to paragraph (1)(B) may (e) WAIVER.—Any Senator may move to tions conducted by the Food and Drug Ad- include joint inspection missions where an waive any or all points of order under this ministration; and inspection team is composed of individuals section by an affirmative vote of two-thirds (6) recommendations of resources the Food from regulatory authorities of both coun- of the Members, duly chosen and sworn. and Drug Administration could use to com- tries. (f) DEFINITIONS.—For the purpose of this bat food fraud. (b) REDUCTION OF REGULATION BURDEN AND section— (c) FOOD FRAUD DEFINITION.—For purposes HARMONIZATION OF FOOD REGULATORY RE- (1) the term ‘‘earmark’’ means a provision of this section, the term ‘‘food fraud’’ means QUIREMENTS.—The Secretary shall support or report language included primarily at the an act of producing a food product designed the Office of the United States Trade Rep- request of a Senator or Member of the House for human consumption that is intentionally resentative, in consultation with the Sec- of Representatives providing, authorizing, or mislabeled, adulterated, or otherwise not of retary of Commerce, in meetings with rep- recommending a specific amount of discre- the nature, substance, or quality expected by resentatives of foreign governments to dis- tionary budget authority, credit authority, consumers. cuss methods and approaches to reduce the or other spending authority for a contract, burden of regulation and harmonize food reg- loan, loan guarantee, grant, loan authority, SA 4699. Mr. PRYOR submitted an ulatory requirements if the Secretary deter- or other expenditure with or to an entity, or amendment intended to be proposed by mines that such harmonization continues targeted to a specific State, locality or Con- him to the bill S. 510, to amend the consumer protections consistent with the gressional district, other than through a Federal Food, Drug, and Cosmetic Act purposes of this Act and the Federal Food, statutory or administrative formula-driven with respect to the safety of the food Drug, and Cosmetic Act (21 U.S.C. 301 et or competitive award process; seq.). (2) the term ‘‘limited tax benefit’’ means supply; which was ordered to lie on the SEC. 12. COMPLIANCE WITH INTERNATIONAL any revenue provision that— table; as follows: AGREEMENTS. (A) provides a Federal tax deduction, cred- On page 222, between lines 4 and 5, insert Nothing in this Act (or an amendment it, exclusion, or preference to a particular the following: made by this Act) shall be construed in a beneficiary or limited group of beneficiaries SEC. 212. FOOD FRAUD INVESTIGATION TASK manner inconsistent with the agreement es- under the Internal Revenue Code of 1986; and FORCE. tablishing the World Trade Organization or (B) contains eligibility criteria that are Chapter IV (21 U.S.C. 341 et seq.), as any other treaty or international agreement not uniform in application with respect to amended by section 207, is further amended to which the United States is a party. potential beneficiaries of such provision; and by adding at the end the following: (3) the term ‘‘limited tariff benefit’’ means ‘‘SEC. 424. FOOD FRAUD INVESTIGATION TASK SA 4697. Mr. COBURN (for himself, a provision modifying the Harmonized Tariff FORCE. Mrs. MCCASKILL, and Mr. UDALL of Col- Schedule of the United States in a manner ‘‘(a) IN GENERAL.—Not later than 180 days orado) submitted an amendment in- that benefits 10 or fewer entities. after the date of enactment of the FDA Food
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.003 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17756 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 Safety Modernization Act, the Secretary amendments to improve food safety proce- shall submit a report to the Secretary of the shall establish a Food Fraud Investigation dures and protect consumers in the United Treasury and Congress of the accounts and Task Force (referred to in this section as the States; and amounts determined and identified for re- ‘Task Force’), headed by the Commissioner, (4) the Secretary of Agriculture and the Di- scission under the preceding sentence. to investigate suspected cases of food fraud. rector of the Office of Management and (c) EXCEPTION.—This section shall not ‘‘(b) TASK FORCE INVESTIGATIVE AUTHORITY Budget should promulgate regulations to apply to the unobligated funds of the Depart- AND DUTIES.—The duties of the Task Force complete implementation of section 11016 of ment of Defense or the Department of Vet- shall include— the Food, Conservation, and Energy Act of erans Affairs. ‘‘(1) developing and maintaining a toll-free 2008 (Public Law 110–246; 122 Stat. 2130) and telephone hotline and a reporting form on the amendments made by that section. SA 4703. Mr. NELSON of Nebraska the Internet website of the Food and Drug (b) RELATIONSHIP TO OTHER ACTIVITIES.—In (for himself and Mr. LEAHY) submitted Administration for individuals to report sus- establishing the grading and inspection pro- an amendment intended to be proposed pected cases of food fraud to the Secretary; gram for catfish in accordance with the by him to the bill S. 3454, to authorize ‘‘(2) establishing a rapid response inves- amendments made by section 11016 of the appropriations for fiscal year 2011 for tigation team to investigate suspected cases Food, Conservation, and Energy Act of 2008 of food fraud reported to the Secretary; and (Public Law 110–246; 122 Stat. 2130), the Sec- military activities of the Department ‘‘(3) establishing a surveillance program to retary of Agriculture shall ensure that the of Defense, for military construction, randomly inspect food in the marketplace in program does not duplicate, impede, or un- and for defense activities of the De- order to identify cases of food fraud. dermine any food safety or product grading partment of Energy, to prescribe mili- ‘‘(c) CONSULTATION.—In carrying out this activity conducted by the Secretary of Com- tary personnel strengths for such fiscal section, the Task Force shall consult with merce or the Commissioner of Food and year, and for other purposes; which was the Secretary of Agriculture and the heads Drugs. ordered to lie on the table; as follows: of relevant agencies and offices within the At the end of subtitle A of title IX, add the Department of Agriculture. SA 4701. Mr. PRYOR submitted an following: ‘‘(d) CONSIDERATIONS.—In carrying out the amendment intended to be proposed by duties under this section, the Task Force him to the bill S. 510, to amend the SEC. 904. MEMBERSHIP OF CHIEF OF THE NA- shall consider— TIONAL GUARD BUREAU ON THE Federal Food, Drug, and Cosmetic Act JOINT CHIEFS OF STAFF. ‘‘(1) the use of DNA testing equipment, iso- with respect to the safety of the food (a) IN GENERAL.—Section 151(a) of title 10, tope ratio testing equipment, and other de- United States Code, is amended by adding at vices to accurately detect instances of food supply; which was ordered to lie on the the end the following new paragraph: fraud; and table; as follows: ‘‘(7) The Chief of the National Guard Bu- ‘‘(2) partnering with third parties to assist At the end of the bill, add the following: reau.’’. in the detection of food fraud. SEC. ll. SENSE OF THE SENATE ON FOOD, CON- (b) CONFORMING AMENDMENTS.—Section ‘‘(e) BIENNIAL REPORTING.—The Task Force SERVATION, AND ENERGY ACT OF 10502 of such title is amended— shall prepare and submit to the Committee 2008. (1) by redesignating subsections (d) and (e) on Health, Education, Labor, and Pensions, It is the sense of the Senate that— as subsections (e) and (f), respectively; and the Committee on Agriculture, Nutrition, (1) the Food, Conservation, and Energy Act (2) by inserting after subsection (c) the fol- and Forestry, and the Committee on Appro- of 2008 (7 U.S.C. 8701 et seq.) was enacted on lowing new subsection (d): priations of the Senate and the Committee June 18, 2008, and it is critical that action be ‘‘(d) MEMBER OF THE JOINT CHIEFS OF on Agriculture, the Committee on Appro- taken to fully implement that Act and the STAFF.—The Chief of the National Guard Bu- amendments made by that Act; and priations, and the Committee on Energy and reau is a member of the Joint Chiefs of Staff, (2) the Director of the Office of Manage- Commerce of the House of Representatives a and shall perform the duties prescribed as a ment and Budget should promulgate any re- biennial report containing findings by the member of the Joint Chiefs of Staff under maining regulations relating to food safety Task Force with respect to food fraud and section 151 of this title.’’. recommendations on how to combat food and inspection that are necessary to com- fraud in the marketplace. plete implementation of that Act and the Mr. NELSON of Nebraska amendments made by that Act. SA 4704. ‘‘(f) FOOD FRAUD.—For purposes of this sec- submitted an amendment intended to tion, the term ‘food fraud’ means an act of producing a food product designed for human SA 4702. Mr. JOHANNS submitted an be proposed by him to the bill S. 3454, consumption that is intentionally mis- amendment intended to be proposed by to authorize appropriations for fiscal labeled, adulterated, or otherwise not of the him to the bill S. 510, to amend the year 2011 for military activities of the nature, substance, or quality expected by Federal Food, Drug, and Cosmetic Act Department of Defense, for military consumers.’’. with respect to the safety of the food construction, and for defense activities supply; which was ordered to lie on the of the Department of Energy, to pre- SA 4700. Mr. PRYOR submitted an table; as follows: scribe military personnel strengths for amendment intended to be proposed by such fiscal year, and for other pur- him to the bill S. 510, to amend the At the end, add the following: TITLE V—SMALL BUSINESS PAPERWORK poses; which was ordered to lie on the Federal Food, Drug, and Cosmetic Act table; as follows: with respect to the safety of the food REDUCTION At the end of subtitle G of title X, add the supply; which was ordered to lie on the SEC. 501. REPEAL OF EXPANSION OF INFORMA- TION REPORTING REQUIREMENTS. following: table; as follows: Section 9006 of the Patient Protection and SEC. 1082. WEEKLY INCREASE IN THE REWARD At the end of the bill, add the following: Affordable Care Act, and the amendments FOR CAPTURE OF OSAMA BIN SEC. ll. SENSE OF THE SENATE ON CATFISH made thereby, are hereby repealed; and the LADEN. FOOD SAFETY. Internal Revenue Code of 1986 shall be ap- (a) FINDING.—Congress finds that a fore- (a) IN GENERAL.—It is the sense of the Sen- plied as if such section, and amendments, most objective of United States counterter- ate that— had never been enacted. rorism policy should be protecting United States persons and property by capturing or (1) Congress enacted section 11016 of the SEC. 502. RESCISSION OF UNSPENT FEDERAL Food, Conservation, and Energy Act of 2008 FUNDS TO OFFSET LOSS IN REVE- killing Osama bin Laden, and other leaders (Public Law 110–246; 122 Stat. 2130) and the NUES. of the al Qaeda network, and by destroying amendments made by that section to im- (a) IN GENERAL.—Notwithstanding any the al Qaeda network. prove catfish inspection following multiple other provision of law, of all available unob- (b) WEEKLY INCREASE IN REWARD.—Section discoveries of banned substances; ligated funds, $39,000,000,000 in appropriated 36(e)(1) of the State Department Basic Au- (2) subsection (b) of that section includes discretionary funds are hereby permanently thorities Act of 1956 (22 U.S.C. 2708(e)(1)) is amendments that require the Secretary of rescinded. amended by adding at the end the following Agriculture to provide inspection activities (b) IMPLEMENTATION.—The Director of the new sentence: ‘‘The amount of the reward under the Federal Meat Inspection Act (21 Office of Management and Budget shall de- under the previous sentence shall be in- U.S.C. 601 et seq.) for farm-raised catfish, by termine and identify from which appropria- creased by $1,000,000 every seven days after adding catfish to the list of amenable species tion accounts the rescission under sub- the date of the enactment of this sentence (as that term is defined in section 1 of that section (a) shall apply and the amount of until September 30, 2015.’’. Act (21 U.S.C. 601)); such rescission that shall apply to each such (3) it is imperative that the Secretary of account. Not later than 60 days after the SA 4705. Mr. NELSON of Nebraska Agriculture and the Director of the Office of date of the enactment of this Act, the Direc- submitted an amendment intended to Management and Budget implement those tor of the Office of Management and Budget be proposed by him to the bill S. 3454,
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.003 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17757 to authorize appropriations for fiscal (D) In addition, the security ministries of mittee on Armed Services be author- year 2011 for military activities of the Iraq did not use between $2,500,000,000 and ized to meet during the session of the Department of Defense, for military $5,200,000,000 of their budgeted funds from Senate on Wednesday, November 17, construction, and for defense activities 2005 through 2009, which could have been 2010, at 4 p.m. used to address security needs, according to of the Department of Energy, to pre- the same Government Accountability Office The PRESIDING OFFICER. Without scribe military personnel strengths for report. objection, it is so ordered. such fiscal year, and for other pur- (E) The fiscal year 2011 budget request of COMMITTEE ON COMMERCE, SCIENCE, AND poses; which was ordered to lie on the the President for the Iraq Security Forces TRANSPORTATION table; as follows: Fund was $2,000,000,000. Mr. LEAHY. Mr. President, I ask At the end of subtitle J of title V, add the (F) The United States has authorized unanimous consent that the Com- following: $707,000,000,000 for military operations in Iraq mittee on Commerce, Science, and SEC. 594. DEFERRAL OF DEPLOYMENT OF MEM- since 2003, of which $24,000,000,000 has been provided for training, equipment, supplies, Transportation be authorized to meet BERS OF THE ARMED FORCES WHO during the session of the Senate on No- GIVE BIRTH TO A CHILD. facility construction, and other services for (a) DEFERRAL.—A member of the Armed the Iraqi security forces. vember 17, 2010, at 9:30 a.m., in room Forces who gives birth to a child may not be (G) Iraq has the third largest oil reserve in 253 of the Russell Senate Office Build- deployed or otherwise temporarily assigned the world, providing a steady source of rev- ing. to a location away from the permanent duty enue that has led to budget surpluses even The PRESIDING OFFICER. Without station or homeport of the member during during a period of global economic hardship. objection, it is so ordered. such period beginning on the date of birth as (H) The Government of Iraq should assume COMMITTEE ON ENVIRONMENT AND PUBLIC the Secretary of the military department responsibility for the costs associated with WORKS concerned shall specify with respect to the building its security forces. member. (I) The United States budget deficit for fis- Mr. LEAHY. Mr. President, I ask (b) MINIMUM PERIOD.—The minimum period cal 2010 is estimated at slightly less than unanimous consent that the Com- specified with respect to a member under $1,300,000,000,000 by the Congressional Budget mittee on Environment and Public subsection (a) shall be six months. Office, and the projected deficit for fiscal Works be authorized to meet during (c) WAIVER OF DEFERRAL BY MEMBER.—A 2011 is $980,000,000,000. the session of the Senate on November member may waive a deferral of deployment (J) The United States cannot continue to 17, 2010, at 10 a.m., in room 406 of the or assignment under subsection (a), in whole fund security activities for the Government Dirksen Senate Office Building. or in part. of Iraq, which now possesses the resources (d) WAIVER OF APPLICABILITY OF DEFER- and ability to provide for itself. The PRESIDING OFFICER. Without RAL.—The Secretary of Defense may waive (2) PROVISION OF ASSISTANCE AFTER FISCAL objection, it is so ordered. the applicability of subsection (a) to a mem- YEAR 2010 THROUGH LOANS.—United States COMMITTEE ON FINANCE ber otherwise covered by that subsection if funds made available from the Iraq Security Mr. LEAHY. Mr. President, I ask the Secretary determines that the waiver is Forces Fund after the date of the enactment unanimous consent that the Com- in the national security interests of the of this Act shall be provided in the form of mittee on Finance be authorized to United States. Waivers under this subsection loans subject to full repayment to the Gov- shall be made on a case-by-case basis. ernment of the United States. meet during the session of the Senate (e) REGULATIONS.—This section shall be ad- (3) REPAYMENT.—The Secretary of State on November 17, 2010, at 10 a.m., in ministered in accordance with regulations shall, in conjunction with the Secretary of room 215 of the Dirksen Senate Office prescribed by the Secretary of Defense. Such Defense, seek to enter into negotiations with Building, to conduct a hearing entitled regulations shall, to the extent practicable, the Government of Iraq in order to enter ‘‘Strengthening Medicare and Med- apply uniformly across the Armed Forces. into an agreement under which the Govern- icaid: Taking Steps to Modernize (f) EFFECTIVE DATE.—This section shall ment of Iraq agrees to repay the United take effect on the date of the enactment of America’s Health Care System.’’ States Government the United States funds The PRESIDING OFFICER. Without this Act, and shall apply with respect to provided from the Iraq Security Forces members of the Armed Forces who give birth Fund, including United States funds pro- objection, it is so ordered. on or after that date. vided before the date of the enactment of COMMITTEE ON FOREIGN RELATIONS this Act and United States funds provided as Mr. LEAHY. Mr. President, I ask SA 4706. Mr. NELSON of Nebraska loans under paragraph (2). unanimous consent that the Com- submitted an amendment intended to (4) REPORT.—Not later than 90 days after be proposed by him to the bill S. 3454, mittee on Foreign Relations be author- the date of the enactment of this Act, the ized to meet during the session of the to authorize appropriations for fiscal Secretary of State shall, in consultation year 2011 for military activities of the with the Secretary of Defense, submit to Senate on November 17, 2010, at 9:30 Department of Defense, for military Congress a report describing the status of ne- a.m. construction, and for defense activities gotiations described in paragraph (3), includ- The PRESIDING OFFICER. Without of the Department of Energy, to pre- ing any details of the repayment agreement objection, it is so ordered. entered into as a result of such negotiations. scribe military personnel strengths for COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS such fiscal year, and for other pur- SA 4707. Mr. NELSON of Nebraska poses; which was ordered to lie on the Mr. LEAHY. Mr. President, I ask (for himself, Mr. WICKER, Mr. CASEY, unanimous consent that the Com- table; as follows: and Mr. INHOFE) submitted an amend- On page 548, between lines 10 and 11, insert mittee on Health, Education, Labor, ment intended to be proposed by him and Pensions be authorized to meet the following: to the bill S. 3454, to authorize appro- (h) REPAYMENT OF FUNDS PROVIDED.— during the session of the Senate on No- (1) FINDINGS.—Congress makes the fol- priations for fiscal year 2011 for mili- vember 17, 2010. lowing findings: tary activities of the Department of The PRESIDING OFFICER. Without (A) The Iraq Security Forces Fund (ISSF) Defense, for military construction, and objection, it is so ordered. is intended to provide funding in areas where for defense activities of the Depart- COMMITTEE ON HOMELAND SECURITY AND the United States is in a position to make a ment of Energy, to prescribe military GOVERNMENTAL AFFAIRS unique contribution to Iraqi security. personnel strengths for such fiscal Mr. LEAHY. Mr. President, I ask (B) Starting in 2008, Congress called for year, and for other purposes; which was Government of Iraq to increase the level it unanimous consent that the Com- ordered to lie on the table; as follows: financed its own security forces in light of mittee on Homeland Security and Gov- increases in oil revenues and unspent funds. Strike section 713. ernmental Affairs be authorized to (C) Iraq has an available surplus of f meet during the session of the Senate $11,800,000,000, according to a September 2010 on November 17, 2010, at 10 a.m., to con- report by the Government Accountability AUTHORITY FOR COMMITTEES TO duct a hearing entitled ‘‘Securing Crit- Office. The report, entitled ‘‘Iraqi-U.S. Cost MEET Sharing’’, projected a budget surplus of ical Infrastructure in the Age of $52,100,000,000 through the end of 2009, with COMMITTEE ON ARMED SERVICES Stuxnet.’’ estimated outstanding advances of Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. Without $40,300,000,000. unanimous consent that the Com- objection, it is so ordered.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.003 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17758 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010
COMMITTEE ON THE JUDICIARY SEC. 2. ADDITION OF SPECIES OF CARP TO THE gage the next generation of entrepreneurs Mr. LEAHY. Mr. President, I ask LIST OF INJURIOUS SPECIES THAT throughout Global Entrepreneurship Week/ ARE PROHIBITED FROM BEING IM- USA: Now, therefore, be it unanimous consent that the Com- PORTED OR SHIPPED. mittee on the Judiciary be authorized Resolved, That the Senate— Section 42(a)(1) of title 18, United States (1) designates the week of November 15 to meet during the session of the Sen- Code, is amended by inserting ‘‘of the big- through 19, 2010, as ‘‘Global Entrepreneur- ate on November 17, 2010, at 10 a.m., in head carp of the species Hypophthalmichthys ship Week’’; and room SD–226 of the Dirksen Senate Of- nobilis;’’ after ‘‘Dreissena polymorpha;’’. (2) supports the goals of Global Entrepre- fice Building, to conduct a hearing en- f neurship Week/USA, including— titled ‘‘Judicial and Executive Nomina- GLOBAL ENTREPRENEURSHIP (A) inspiring young people everywhere to embrace innovation, imagination, and cre- tions.’’ WEEK/USA The PRESIDING OFFICER. Without ativity; and objection, it is so ordered. Mr. WHITEHOUSE. Mr. President, I (B) training the next generation of entre- preneurial leaders. SUBCOMMITTEE ON COMMUNICATIONS, ask unanimous consent that the Sen- TECHNOLOGY, AND THE INTERNET ate now proceed to the immediate con- f Mr. LEAHY. Mr. President, I ask sideration of S. Res. 681, submitted ear- ORDERS FOR THURSDAY, unanimous consent that the Sub- lier today. NOVEMBER 18, 2010 The PRESIDING OFFICER. The committee on Communications, Tech- Mr. WHITEHOUSE. I ask unanimous nology, and the Internet of the Com- clerk will report the resolution by title. consent that when the Senate com- mittee on Commerce, Science, and pletes its business today, it adjourn Transportation be authorized to meet The assistant editor of the Daily Di- gest read as follows: until 9:30 a.m., Thursday, November 18; during the session of the Senate on No- that following the prayer and pledge, A resolution (S. Res. 681) designating the vember 17, 2010, at 2:30 p.m., in room the Journal of proceedings be approved 253 of the Russell Senate Office Build- week of November 15 through 19, 2010, as ‘‘Global Entrepreneurship Week/USA.’’ to date, the morning hour be deemed ing. expired, the time for the two leaders be The PRESIDING OFFICER. Without There being no objection, the Senate proceeded to consider the resolution. reserved for their use later in the day; objection, it is so ordered. that following any leader remarks, f Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the reso- there be a period of morning business PRIVILEGES OF THE FLOOR lution be agreed to, the preamble be for one hour, with Senators permitted Mr. DURBIN. Mr. President, I ask agreed to, the motions to reconsider be to speak therein for up to 10 minutes unanimous consent that Bill laid upon the table, with no inter- each, with the time equally divided and McConagha, a detailee in the Senate vening action or debate, and that any controlled between the two leaders or their designees, with the Republicans HELP Committee Majority Health Of- statements be printed in the RECORD. fice, be granted floor privileges for the The PRESIDING OFFICER. Without controlling the first half and the ma- duration of S. 510, the FDA Food Safe- objection, it is so ordered. jority controlling the final half; that ty Modernization Act. The resolution (S. Res. 681) was following morning business, the Senate The ACTING PRESIDENT pro tem- agreed to. resume consideration of the motion to pore. Without objection, it is so or- The preamble was agreed to. proceed to S. 510, the FDA Food Safety dered. The resolution, with its preamble, Modernization Act, postcloture; and reads as follows: the Senate recess from 12:30 until 3 f p.m., with the time during recess, ad- S. RES. 681 ASIAN CARP PREVENTION AND journment, or period of morning busi- 1 CONTROL ACT Whereas more than ⁄2 of the companies on ness counting postcloture. the 2009 Fortune 500 list were launched dur- Mr. WHITEHOUSE. Mr. President, I ing a recession or bear market; The PRESIDING OFFICER. Without ask unanimous consent that the Sen- Whereas 92 percent of Americans believe objection, it is so ordered. ate proceed to the immediate consider- that entrepreneurs are critically important f to job creation and 75 percent believe that ation of Calendar No. 366, S. 1421. PROGRAM The PRESIDING OFFICER. The the United States cannot have a sustained clerk will report the bill by title. economic recovery without another burst of Mr. WHITEHOUSE. Mr. President, The assistant editor of the Daily Di- entrepreneurial activity; the postcloture debate time on the mo- Whereas the economy and society of the tion to proceed to the food safety bill gest read as follows: United States, as well as the country as a A bill (S. 1421) to amend section 42 of title will expire late tomorrow afternoon. In whole, have benefitted greatly from the ev- the meantime, we will continue to 18, United States Code, to prohibit the im- eryday use of breakthrough innovations de- portation and shipment of certain species of veloped and brought to market by entre- work on an agreement to consider carp. preneurs; amendments to the bill. We wish to There being no objection, the Senate Whereas Global Entrepreneurship Week is reach agreement so we can complete proceeded to consider the bill. an initiative aimed at inspiring young people action on this important legislation Mr. WHITEHOUSE. Mr. President, I to embrace innovation and creativity; this week. ask unanimous consent that the bill be Whereas Global Entrepreneurship Week I suggest the absence of a quorum. read a third time and passed, the mo- helps the next generation of entrepreneurs to The PRESIDING OFFICER. The acquire the knowledge, skills, and networks tion to reconsider be laid upon the clerk will call the roll. needed to create vibrant enterprises that The legislative clerk proceeded to table, with no intervening action or de- will improve the lives and communities of bate, and any statements be printed in the entrepreneurs; call the roll. the RECORD. Whereas, in 2009, more than 160,000 individ- Mr. WHITEHOUSE. I ask unanimous The PRESIDING OFFICER. Without uals participated in the more than 2,300 en- consent that the order for the quorum objection, it is so ordered. trepreneurial activities held worldwide dur- call be rescinded. The bill was ordered to be engrossed ing Global Entrepreneurship Week; The PRESIDING OFFICER. Without for a third reading, was read the third Whereas, in 2009, more than 1,100 partner objection, it is so ordered. organizations participated in Global Entre- time, and passed, as follows: f preneurship Week, including chambers of S. 1421 commerce, institutions of higher education, MEASURES READ THE FIRST Be it enacted by the Senate and House of Rep- high schools, businesses, and State and local TIME—S. 3962 AND S. 3963 resentatives of the United States of America in governments; and Congress assembled, Whereas, in 2010, thousands of organiza- Mr. WHITEHOUSE. Mr. President, I SECTION 1. SHORT TITLE. tions in the United States will join in the understand there are two bills at the This Act may be cited as the ‘‘Asian Carp celebration by planning activities designed desk, and I ask for their first reading Prevention and Control Act’’. to inspire, connect, inform, mentor, and en- en bloc.
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR10\S17NO0.003 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17759 The PRESIDING OFFICER. The DEPARTMENT OF STATE TIMOTHY SHRIVER, OF IOWA SHANE M. SIEVERS, OF MARYLAND clerk will report the bills by title. YVON ACCIUS, OF FLORIDA SILVIA FREYRE SPRING, OF THE DISTRICT OF COLUMBIA The legislative clerk read as follows: OMAR S. AHMED, OF NEW YORK ANDREW STAPLES, OF WASHINGTON DRU ALEJANDRO, OF ILLINOIS KRISTEN L. STOLT, OF VIRGINIA A bill (S. 3962) to authorize the cancella- CHRIS E. ANDERSON, OF THE DISTRICT OF COLUMBIA FREDERICK STRUBER, OF VIRGINIA tion of removal and adjustment of status of RACHEL ATWOOD, OF NORTH DAKOTA GEORGE JAMES SULLIVAN, OF NEW YORK CALEB DANIEL BECKER, OF TEXAS THOMAS C. SUSMAN, OF VIRGINIA certain alien students who are long-term GEOFFREY BENELISHA, OF VIRGINIA SHAWN TENBRINK, OF OHIO United States residents and who entered the THOMAS DEE BEVAN, OF UTAH JAMES PORTER THROWER, OF FLORIDA United States as children and for other pur- CORI BICKEL, OF ARKANSAS EVELINE W. TSENG, OF NEW YORK DOREL V. BINDEA, OF VIRGINIA AMY MICHELLE VALENTI, OF THE DISTRICT OF COLUM- poses. CARLO WISE BOEHM, OF TEXAS BIA A bill (S. 3963) to authorize the cancella- THOMAS CHARLES BOLLATI, OF NEW YORK CHARLES F. VETTER, OF ILLINOIS tion of removal and adjustment of status of M. ALLYN BROOKS-LASURE, OF VIRGINIA CYNTHIA H. WANG, OF CALIFORNIA BRENDAN E. BROWN, OF VIRGINIA GEORGE BYRD PAGE WARD III, OF MARYLAND certain alien students who are long-term ANYA YAKHEDTS BRUNSON, OF FLORIDA RONALD P. WARD, OF FLORIDA United States residents and who entered the MELODY BULLOCK, OF VIRGINIA JASMINE N. WHITE, OF OHIO United States as children and for other pur- JIHI JULIETA BUSTAMANTE, OF VIRGINIA MATTHEW D. YARRINGTON, OF FLORIDA CHRISTINE BUZZARD, OF OKLAHOMA poses. THE FOLLOWING-NAMED CAREER MEMBERS OF THE DENEEN KAY CASTLE, OF ILLINOIS SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF Mr. WHITEHOUSE. Mr. President, I DANJIE CHEN, OF VIRGINIA STATE FOR PROMOTION WITHIN AND INTO THE SENIOR YUSHIN CHOI, OF CALIFORNIA FOREIGN SERVICE TO THE CLASS INDICATED: now ask for a second reading en bloc, DIANA CHU, OF ARIZONA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE and I object to my own request en bloc. PAUL COLOMBINI, OF MARYLAND OF THE UNITED STATES OF AMERICA, CLASS OF MIN- EMMA CONDON, OF MINNESOTA ISTER-COUNSELOR: The PRESIDING OFFICER. Objec- PATRICK EVANS CONNALLY, OF WASHINGTON JOSEPH G. CORDARO, OF TENNESSEE FRONTIS B. WIGGINS, OF VIRGINIA tion is heard. SETH CORNELL, OF PENNSYLVANIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE The bills will be read for the second LOGAN RISHARD COUNCIL, OF NORTH CAROLINA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- time on the next legislative day. CHRISTOPHER D. COURT, OF VIRGINIA SELOR: EMILY GRACE CRAWFORD, OF ILLINOIS JUAN A. ALSACE, OF VIRGINIA TODD WILSON ARDELL CRAWFORD, OF OREGON f PAUL S. BEIGHLEY, OF FLORIDA JOAQUIN CROSLIN, OF TEXAS THOMAS F. GRAY, JR., OF FLORIDA ANDREW CROSSON, OF TENNESSEE ADJOURNMENT UNTIL 9:30 A.M. EMILEE M. CUMMINGS, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES TOMORROW STEWART E. DAVIS, OF THE DISTRICT OF COLUMBIA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- CARRIE A. DENVER, OF VIRGINIA FICERS OF THE CLASSES STATED. Mr. WHITEHOUSE. If there is no fur- REBECCA DICKENS, OF MASSACHUSETTS FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF WILLIAM A. DIEFENBACH, OF VIRGINIA CLASS THREE, CONSULAR OFFICER AND SECRETARY IN ther business to come before the Sen- AMANDA WICKHAM DIXON, OF TENNESSEE THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ate, I ask unanimous consent that it COURTNEY ELIZABETH DOGGART, OF NEW YORK AMERICA, DONYA S. ELDRIDGE, OF INDIANA adjourn under the previous order. OMAR FAROOQ, OF VIRGINIA DEPARTMENT OF AGRICULTURE There being no objection, the Senate, JASON M. FLEMING, OF VIRGINIA ALAN HALLMAN, OF VIRGINIA LISBETH L. FOUSE, OF MARYLAND at 6:58 p.m., adjourned until Thursday, YAN GAO, OF MASSACHUSETTS FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF November 18, 2010, at 9:30 a.m. PHYLLIS GEORGE, OF VIRGINIA CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN JEFFREY GRIESSMANN, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA, f ANDREW GRILLOS, OF CALIFORNIA JAMES WILLIAM HALLOCK, OF NEW YORK DEPARTMENT OF STATE JASON M. HAMMONTREE, OF NEW HAMPSHIRE NOMINATIONS JEFFREY HANLEY, OF PENNSYLVANIA JESSICA LYNN ADAMS, OF OHIO VANESSA H. HARPER, OF CONNECTICUT MARY E. ALEXANDER, OF TEXAS Executive nominations received by ERIN M. HART, OF VIRGINIA ROBERT T. ALTER, OF OHIO the Senate: MICHAEL D. HAUSER, OF FLORIDA ROBERT E. ANDERSON, OF OREGON DAVID B. HEATON, OF VIRGINIA GILLIAN R. APFEL, OF WASHINGTON DEPARTMENT OF STATE ADAM G. HELLER, OF THE DISTRICT OF COLUMBIA GREGORY D. AURIT, OF NEVADA JUSTIN EDWARD HINTZEN, OF VIRGINIA DAVID AVERY, OF NEW HAMPSHIRE DANIEL L. SHIELDS III, OF PENNSYLVANIA, A CAREER CHRISTIN HO, OF MASSACHUSETTS BRIAN THOMAS BEDELL, OF WISCONSIN MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF JAMES WESLEY JEFFERS, OF WEST VIRGINIA MONICA ALEXANDRA BODUSZYNSKI, OF CALIFORNIA COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND CHRISTOPHER A. JONES, OF VIRGINIA LISA ARUNEE BUZENAS, OF TEXAS PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ANDREA R. KALAN, OF TEXAS ERIC CARLO CAMUS, OF OREGON TO BRUNEI DARUSSALAM. RYAN WILLIAM KAY, OF CALIFORNIA TOM CARD, OF VIRGINIA JOSEPH M. TORSELLA, OF PENNSYLVANIA, TO BE REP- KAMILAH MARESSA KEITH, OF GEORGIA STEVEN WILLIAM CARROLL, OF CALIFORNIA RESENTATIVE OF THE UNITED STATES OF AMERICA TO UZMA FATIMAH KHAN, OF NORTH CAROLINA CHARLES C. CARSON, OF VIRGINIA THE UNITED NATIONS FOR U.N. MANAGEMENT AND RE- JOHN M. KIPP, OF VIRGINIA CHRISTOPHER RONALD CARVER, OF OREGON FORM, WITH THE RANK OF AMBASSADOR. AHMED KOKON, OF NEW YORK LAURA E. CHAMBERLIN, OF NEW MEXICO JOSEPH M. TORSELLA, OF PENNSYLVANIA, TO BE AL- DEREK R. KOLB, OF CALIFORNIA ANDREW H. CHOI, OF VIRGINIA TERNATE REPRESENTATIVE OF THE UNITED STATES OF VALERIE A. LABOY, OF TEXAS DANIEL Y. CHU, OF CALIFORNIA AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY JESSE L. LASWELL, OF VIRGINIA DANIEL ROBERT CISEK, OF FLORIDA OF THE UNITED NATIONS, DURING HIS TENURE OF SERV- STEPHEN FROLING LECOMPTE, OF MARYLAND NILES COLE, OF FLORIDA ICE AS REPRESENTATIVE OF THE UNITED STATES OF KRISTINA LESZCZAK, OF OHIO STACY L. COMP, OF SOUTH DAKOTA AMERICA TO THE UNITED NATIONS FOR U. N. MANAGE- BONNIE M. MACE, OF IOWA MARC STEVEN COOK, OF THE DISTRICT OF COLUMBIA MENT AND REFORM. DANIELLE ANNE MANISCALCO, OF MASSACHUSETTS ALFONSO GONZALES CORTES, OF NEW YORK DEPARTMENT OF JUSTICE MATTHEW J. MARCHANT, OF THE DISTRICT OF COLUM- JONATHAN JOEL CRAWFORD, OF INDIANA BIA JOHN EDWARD CRIPPEN, OF ARKANSAS ANDREW L. TRAVER, OF ILLINOIS, TO BE DIRECTOR, LYNNE MARTIN, OF VIRGINIA RAMONA S. CRIPPEN, OF ARKANSAS BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLO- ROYDEN MASCARENHAS, OF VIRGINIA MICHAEL ALBERT DASCHBACH, OF ARIZONA SIVES. (NEW POSITION) REBECCA E. MCCALL, OF VIRGINIA SCOTT M. DRISKEL, OF VIRGINIA FRISCO JOHNSON MCDONALD, OF ARKANSAS CAROLYN R. DUBROVSKY, OF VIRGINIA FOREIGN SERVICE DEBORAH M. MCFARLAND, OF VIRGINIA DAVID A. EPSTEIN, OF NEW YORK THE FOLLOWING-NAMED PERSONS OF THE AGENCIES MEGHAN E. MERCIER, OF FLORIDA AARON LEE FEIT, OF MICHIGAN INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- MEREDITH T. METZLER, OF TEXAS EMILY STEARNS FERTIK, OF MASSACHUSETTS FICERS OF THE CLASSES STATED. MOLLY LYNN MITCHELL—OLDS, OF NORTH CAROLINA ANN CLEMENTI FLYNN, OF CALIFORNIA JAIME LYNETTE MOODY, OF LOUISIANA EDWARD A. GALLAGHER, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF EVAN MORRISEY, OF WASHINGTON JAMES T. GALLAGHER, OF VIRGINIA CLASS THREE, CONSULAR OFFICER AND SECRETARY IN JULIE NAUMAN, OF FLORIDA NICOLE E. GALLAGHER, OF MARYLAND THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ELIZABETH ANN NOLL, OF VIRGINIA MICHELLE MARIE GALSTAUN, OF VIRGINIA AMERICA, KRYSTLE WANITA ONIKE NORMAN, OF VIRGINIA LAWRENCE H. GEMMELL, OF MAINE ´ DEPARTMENT OF STATE BRANDON RENE NUGENT, OF VIRGINIA LEAH GEORGE, OF NEW YORK ANN PAABUS, OF THE DISTRICT OF COLUMBIA KRISTIN MICHELE GILMORE, OF CALIFORNIA LOUIS JOHN FINTOR, OF FLORIDA JACK PAN, OF NEVADA LEWIS GITTER, OF THE DISTRICT OF COLUMBIA BETH ANNE MITCHELL, OF FLORIDA LEONARD K. PAYNE IV, OF VIRGINIA STEPHEN GLASER, OF CALIFORNIA MICHAEL PERIARD, OF VIRGINIA KRISTOFOR E. GRAF, OF TEXAS FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF MICHAEL POLYAK, OF MICHIGAN MICHAEL D. GUINAN, OF VIRGINIA CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN ROBERT RADEMEYER, OF VIRGINIA REVA GUPTA, OF MARYLAND THE DIPLOMATIC SERVICE OF THE UNITED STATES OF REN´ E MICHELLE RAGIN, OF NEW YORK REBECCA HAAS, OF PENNSYLVANIA AMERICA, SHANKAR RAO, OF COLORADO CAROLINE ADAIR HAMILTON, OF TEXAS DEPARTMENT OF STATE KEDENARD MADEILLE RAYMOND, OF MARYLAND ROBERT W. HARELAND, OF NEVADA BRIAN OWEN ROBERTS, OF WEST VIRGINIA KAREN E. HEIMSOTH, OF ILLINOIS LESLIE WILLIAMS DOUMBIA, OF ALABAMA TANIA J. ROMANOFF, OF MASSACHUSETTS JUSTIN MATTHEW HEKEL, OF NEW YORK ARECA H’LAEL SAMPSON, OF CALIFORNIA ERIC D. HEYDEN, OF TENNESSEE THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN TIMOTHY L. SAVAGE, OF CALIFORNIA PAUL ALLEN HINSHAW, OF MISSISSIPPI SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES BRIAN J. SAWICH, OF NEW HAMPSHIRE A. DIANE HOLCOMBE, OF FLORIDA IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ANDREW J. SCHEINESON, OF VIRGINIA REBECCA KATHERINE HUNTER, OF FLORIDA AMERICA: CHRIS SCISSORS, OF FLORIDA KAREEM N. JAMJOOM, OF MISSOURI DEPARTMENT OF COMMERCE ELIZABETH ELEANOR SHACKELFORD, OF MISSISSIPPI JAMES J. JAY, JR., OF ILLINOIS SUJATA PRADEEP SHARMA, OF MASSACHUSETTS RICHARD B. JOHNS, OF TEXAS PERRY A. DAVIS, OF ILLINOIS JAMES JONAS SHEA, OF THE DISTRICT OF COLUMBIA JENAE DENISE JOHNSON, OF VIRGINIA LAWRENCE J. PANIGOT, OF TEXAS STEPHANIE SHORE, OF NEW YORK NICOLE G. JOHNSON, OF WISCONSIN DONALD P. PEARCE, OF NEW YORK THOMAS LAMAR SHREVE, OF VIRGINIA ERIC A. JORDAN, OF KANSAS
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00081 Fmt 0686 Sfmt 9801 E:\BR10\S17NO0.003 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17760 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010
STEVEN MARK KENOYER, OF CALIFORNIA KENT DAVID FISHER, OF FLORIDA DANIEL RUBINSTEIN, OF CALIFORNIA HESTER ANN KERKSIEK, OF TEXAS SAMUEL N. FONTELA, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE KEELY ZWART KILBURG, OF VIRGINIA BENJAMIN T. FORD, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- SCOTT O. KOENIG, OF CALIFORNIA PATRICK SCOTT GAN, OF VIRGINIA SELOR, EFFECTIVE OCTOBER 12, 2008: DIANA LYNN KRAMER, OF ILLINOIS NICHOLAS GAZULIS, OF VIRGINIA LESLIE A. LINNEMEIER, OF VIRGINIA THOMAS MICHAEL GODDARD, OF MICHIGAN RICHARD G. SIMPSON, OF VIRGINIA ERIN GORDON, OF OHIO TISHA R. LOEPER-VITI, OF THE DISTRICT OF COLUMBIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE MATTHEW S. GORDON, OF NEW JERSEY CHARLES C. MARTIN, OF KENTUCKY SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- DILLON MICHAEL GREEN, OF LOUISIANA PAUL J. MARTINEK, OF FLORIDA RICULTURE FOR PROMOTION WITHIN AND INTO THE SEN- JOHN PATRICK GUERIN, OF VIRGINIA MCKENZIE A. MILANOWSKI, OF PENNSYLVANIA IOR FOREIGN SERVICE TO THE CLASSES INDICATED: NICOLE A. NUCELLI, OF VIRGINIA KOFI GWIRA, OF NEW JERSEY ROBERT C. PALMER, OF CALIFORNIA PETER D. HAGGERTY, OF THE DISTRICT OF COLUMBIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, LAUREN ADKINS PERLAZA, OF VIRGINIA JOHN RICHARD HALL, OF TEXAS CLASS OF CAREER MINISTER: KATHLEEN E. HANLON, OF THE DISTRICT OF COLUMBIA MEGAN MARIE PHANEUF, OF MICHIGAN LLOYD S. HARBERT, OF VIRGINIA ANTHONY V. PIRNOT, OF NEW YORK B. CAIN HARRELSON, JR., OF GEORGIA MICHAEL H. QUINN, OF ALASKA JOHN REGINALD HARRIS, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, JAMIE WILLIAM RAVETZ, OF PENNSYLVANIA LARINA MARIE HELM, OF IDAHO CLASS OF COUNSELOR: MIRANDA RINALDI, OF OHIO JOHN POWELL HESFORD, JR., OF VIRGINIA AARON JOHN RUPERT, OF OHIO EVA E. HOLM, OF WASHINGTON DARYL A. BREHM, OF WISCONSIN AMBROSIA M. HOPKINS, OF VIRGINIA SARAH HANSEN RUPERT, OF VIRGINIA NATIONAL OCEANIC AND ATMOSPHERIC ERIK MARTINUS RYAN, OF TEXAS JENNY H. HSU, OF TEXAS MANJU K. SADARANGANI, OF NEW YORK BRENDAN CREAGH JAMES, OF FLORIDA ADMINISTRATION MARCELYN ELIZABETH SANCHEZ, OF CALIFORNIA STEPHANIE ANGELA JENSBY, OF VIRGINIA SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE THOMAS M. SCHMIDT, OF MISSOURI BRITT JONES, OF FLORIDA FOLLOWING PERMANENT APPOINTMENT TO THE GRADE WAYNE D. SCHMIDT, OF IDAHO MIN G. KANG, OF VIRGINIA INDICATED IN THE NATIONAL OCEANIC AND ATMOS- ANJALINA MIREILLE SEN, OF NEW YORK MICHELLE MARGOT KAYSER, OF VERMONT PHERIC ADMINISTRATION: DENISE SHEN, OF VIRGINIA JOSEPH C. KELLY, OF SOUTH CAROLINA RICHARD ROSS SILVER, OF CALIFORNIA MAURA M. KENISTON, OF ALASKA To be lieutenant commander JOAN RENE´ E SINCLAIR, OF CALIFORNIA JOHN C. KNETTLES, OF WASHINGTON ADAM KOTKIN, OF VIRGINIA DIANA MARIA SITT, OF CALIFORNIA DENISE J. GRUCCIO ALLISON MARIE KOWALSKI, OF VIRGINIA JIMMI NICOLE SOMMER, OF IDAHO PAUL W. KEMP ERIC KYANKO, OF VIRGINIA PAUL GLEN STAHLE, OF TEXAS MICHAEL G. LEVINE NANCY ELIZABETH LAMANNA, OF CALIFORNIA SARAH CLAIRE STEWART, OF ARIZONA JEFFREY D. SHOUP MARITA I. LAMB, OF PENNSYLVANIA JENNIFER SKOUSEN SUDWEEKS, OF TEXAS HECTOR L. CASANOVA AUSTIN CAREY LAU, OF CALIFORNIA ELIZABETH A. SUNDAY, OF PENNSYLVANIA NICOLE M. MANNING YOUNG EUN LEE, OF NEW JERSEY HUGUETTE THORNTON, OF FLORIDA ERIC T. JOHNSON ERIC DARRYL LEKUS, OF VIRGINIA BENJAMIN A. TIETZ, OF VIRGINIA AMANDA M. HANCOCK JOSHUA P. LERNER, OF VIRGINIA LAURA A. TILL, OF WASHINGTON NATASHA R. DAVIS SHANNON LIBURD, OF NEW YORK JAMES M.A. TIRA, OF KANSAS JOHN J. LOMNICKY MY LU, OF CALIFORNIA ERICH J. BOHABOY MIRIAM E. TOKUMASU, OF WASHINGTON JOZANNE ML MALONEY, OF UTAH LINDSAY R. KURELJA NYREE ALYSE TRIPPTREE, OF GEORGIA KENNETH WAYNE MCBRIDE, OF MINNESOTA ARIEL REBECCA VAAGEN, OF TEXAS KELLY RABELLO MCCALEB, OF VIRGINIA IN THE ARMY CHRISTOPHER ALLEN VAN BEBBER, OF CALIFORNIA PAUL A. MCDERMOTT, OF TEXAS ANGEL A. VENTLING, OF NEW YORK DEENA L. MCDORMAN, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VAIDA VIDUGIRIS, OF NEW YORK THOMAS B. MCDORMAN III, OF VIRGINIA TO THE GRADE INDICATED IN THE UNITED STATES ARMY KERRY M. WALD, OF CONNECTICUT CHRISTOPHER K. MICKS, OF ILLINOIS UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW EARL WALL, OF ALABAMA RYAN S. MILLER, OF OHIO JENNIFER A. WHITE, OF THE DISTRICT OF COLUMBIA KIMITO MISHINA, OF VIRGINIA To be brigadier general DIANE WHITTEN, OF NEBRASKA HOMEYRA NAVEEN MOKHTARZADA, OF THE DISTRICT OF COL. JEFFREY L. BAILEY STEWART A S WIGHT, OF NEW YORK COLUMBIA TODD ANDREW WILDER, OF WASHINGTON MEAGHAN C. MONFORT, OF OHIO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRANDON WILSON, OF TEXAS VI LUAT NHAN, OF WASHINGTON TO THE GRADE INDICATED IN THE UNITED STATES ARMY SUSAN ANDREA WILSON, OF VIRGINIA JESSE SCOTT NOLTEN, OF THE DISTRICT OF COLUMBIA UNDER TITLE 10, U.S.C., SECTION 624: DEBORAH WINTERS, OF NEW JERSEY SARAH LUNDQUIST NUUTINEN, OF TEXAS KIMBERLY E. WRIGHT-KING, OF NEW YORK SERGEY OLHOVSKY, OF NEW JERSEY To be brigadier general PETER YONGJIN YOON, OF VIRGINIA KATHERINE EARHART ORDON˜ EZ, OF GEORGIA COL. CURT A. RAUHUT SUZANNE MARIE YOUNTCHI, OF CALIFORNIA ELIJAH ERNEST OWEN, OF VIRGINIA MANUEL G. PABON, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN JASON LEE PARK, OF NEW JERSEY SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES IN THE UNITED STATES ARMY TO THE GRADE INDICATED MAREN E. PAYNE—HOLMES, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTIONS 624, 3037, AND 3064: IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ANDREW M. PELKEY, OF THE DISTRICT OF COLUMBIA AMERICA: CARLOS D. PETERSEN, OF VIRGINIA To be brigadier general, judge advocate DEPARTMENT OF COMMERCE URFA QADRI, OF THE DISTRICT OF COLUMBIA general’s corps LAURA QUINN, OF NEW YORK HAROLD H. BRAYMAN, JR., OF VIRGINIA CATHERINE REIN, OF VIRGINIA COL. FLORA D. DARPINO FLORENTINO J. GAI, OF VIRGINIA JOSANNE REYNOSO, OF VIRGINIA CHRISTIAN P. HOBART, OF VIRGINIA AUSTIN RICHARDSON, OF COLORADO THE FOLLOWING ARMY NATIONAL GUARD OF THE NICHOLAS A. LOVRIEN, OF MINNESOTA BRIGID JULIA RYAN, OF MARYLAND UNITED STATES OFFICERS FOR APPOINTMENT IN THE RAFAEL A. PATINO, OF CALIFORNIA RAPHAEL SAMBOU, OF CALIFORNIA RESERVE OF THE ARMY TO THE GRADES INDICATED KALPANA B. REDDY, OF MARYLAND FELIX PASTOR SANCHEZ, OF ILLINOIS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: STEPHEN T. RIBAUDO, OF NEW YORK MICAH M. SAVIDGE, OF PENNSYLVANIA To be major general EVERETT G. WAKAI, OF CALIFORNIA GEORGINA M. SCARLATA, OF THE DISTRICT OF COLUM- DEPARTMENT OF STATE BIA BRIGADIER GENERAL JOSEPH L. CULVER SOLMAZ SHARIFI, OF CALIFORNIA BRIGADIER GENERAL FRANCIS P. GONZALES DINA J. ABAA-OGLEY, OF CALIFORNIA ADAM SIGELMAN, OF MASSACHUSETTS BRIGADIER GENERAL DAVID L. HARRIS ANDREW PAUL ABBAN, OF VIRGINIA ADAM SILVER, OF NEW JERSEY BRIGADIER GENERAL JAMES R. JOSEPH LESLIE ABITZ, OF WISCONSIN SETH SONNONSTINE, OF VIRGINIA BRIGADIER GENERAL JEFF W. MATHIS III ANA VEYTIA ADLER, OF FLORIDA KERRI P. SPINDLER—RANTA, OF MASSACHUSETTS BRIGADIER GENERAL HENRY C. MCCANN ERIC L. ADLER, OF CALIFORNIA RAJ SRIRAM, OF NEW YORK BRIGADIER GENERAL STEVEN N. WICKSTROM MAROOF P. AHMED, OF FLORIDA KRISTIN STATHAM, OF THE DISTRICT OF COLUMBIA THOMAS ASH, OF TEXAS ELIZABETH A. STEINBERG, OF VIRGINIA To be brigadier general ANDREW CORNELL AYERS, OF THE DISTRICT OF COLUM- JACOB DARYL STEVENS, OF OREGON COLONEL JAMES A. ADKINS BIA MAXWELL H. STONEMAN, OF VIRGINIA COLONEL DEBORAH A. ASHENHURST ANDREW C. BAKER, OF VIRGINIA SCOTT JOSEPH STREF, OF VIRGINIA COLONEL ELIZABETH D. AUSTIN CHRISTOPHER I. BARNES, OF VIRGINIA WALLACE F. STURM III, OF THE DISTRICT OF COLUMBIA COLONEL LINDA C. BODE NAZANIN BERARPOUR, OF CALIFORNIA JOHN C. SWEDA, OF VIRGINIA COLONEL DARLENE M. GOFF JONATHAN MCCARTHY BEUTLER, OF CALIFORNIA MIA FRANCESCA TER HAAR, OF CALIFORNIA COLONEL SCOTT A. GRONEWOLD KIMLANG CHAN BISSONNETTE, OF VIRGINIA CHRISTINA IRENE TILGHMAN, OF VIRGINIA COLONEL BRIAN C. HARRIS ROBERT EDWARD BLAKESLEE, OF FLORIDA J. BARRETT TRAVIS, OF TEXAS COLONEL JAMES M. HARRIS JAMES R. BOOTERBAUGH, OF VIRGINIA MATTHEW CARL UNDERWOOD, OF CALIFORNIA COLONEL SAMUEL L. HENRY ELBERT MOYE BOYD III, OF THE DISTRICT OF COLUMBIA ANDREEA D. URSU, OF NEW YORK COLONEL JAY J. HOOPER JEANETTE BRACKETT, OF COLORADO LEE BENJAMIN VANDUYN, OF THE DISTRICT OF COLUM- COLONEL KEITH E. KNOWLTON DUSTIN W. BRADSHAW, OF HAWAII BIA COLONEL FRANCIS S. LAUDANO III CHERONDA E. BRYAN, OF TEXAS JOHN H. VAN KAN, OF MARYLAND COLONEL RUSTY L. LINGENFELTER DAVID A. BUTLER, OF VIRGINIA DANIELLE SHENAE VARNELL, OF VIRGINIA COLONEL JUDD H. LYONS JAMES CERVEN, OF VIRGINIA MELISSA D. VONHINKEN, OF VIRGINIA COLONEL EUGENE L. MASCOLO MEREDITH L. CHAMPLIN, OF VIRGINIA JACQUELINE V. WALTON, OF VIRGINIA COLONEL MICHAEL W. MCHENRY ISABELLE CHAN, OF MINNESOTA NATHAN WEBBER, OF UTAH COLONEL KEVIN L. MCNEELY JACOB CHRIQUI, OF CALIFORNIA JEREMY R. WISEMILLER, OF FLORIDA COLONEL GLEN E. MOORE ROY CLIFFORD CLARK, OF VIRGINIA ERIC R. COLONEL OLIVER L. NORRELL III BRAD COLEY, OF TEXAS LFE, OF VIRGINIA COLONEL WILLIAM J. O’NEILL EDWARD J. COX, OF OREGON TREVOR LEWIS WYSONG, OF MARYLAND COLONEL VICTOR S. PEREZ CORRIN R. COZAD, OF VIRGINIA WON YOON, OF VIRGINIA COLONEL HARVE T. ROMINE DAVID JUDE CUMMINGS, OF COLORADO JAY J. ZAGURSKY, OF NEW YORK COLONEL JOANNE F. SHERIDAN TABARI DOSSETT, OF CALIFORNIA COLONEL PAUL G. SMITH NAKASHIA CHERISE DUNNER, OF SOUTH CAROLINA THE FOLLOWING-NAMED CAREER MEMBER OF THE FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR COLONEL PETER C. VANAMBURGH EVAN ELLIOTT, OF COLORADO COLONEL KATHY J. WRIGHT DANIEL EVENSEN, OF UTAH PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE DAVID CALDWELL EVERETT III, OF VIRGINIA CLASS INDICATED: THE FOLLOWING ARMY NATIONAL GUARD OF THE JOHN JOSEPH FARLEY, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE UNITED STATES OFFICERS FOR APPOINTMENT IN THE JEROME FIELDS, OF MINNESOTA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- RESERVE OF THE ARMY TO THE GRADES INDICATED JOEL ALLEN FIFIELD, OF VIRGINIA ISTER-COUNSELOR, EFFECTIVE JANUARY 17, 2010: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211:
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00082 Fmt 0686 Sfmt 9801 E:\BR10\S17NO0.003 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17761 To be major general ALAN CHOUEST CHRISTINE A. LAMONT HENRY E. CLOSE III TERESA G. LOVE BRIGADIER GENERAL RICKY G. ADAMS CALVIN D. DIXON JENNIFER A. MACEDA BRIGADIER GENERAL BARBARANETTE T. BOLDEN CLYDE DYSON JAMES J. MARSH BRIGADIER GENERAL GLENN H. CURTIS THOMAS J. ELBERT, JR. TERRENCE J. MCCOLLOM BRIGADIER GENERAL STEPHEN C. DABADIE RANDALL W. ERWIN HEIDI L. OSTERHOUT BRIGADIER GENERAL JONATHAN E. FARNHAM RICHARD FITZGERALD JEFFREY G. PALOMINO BRIGADIER GENERAL LEODIS T. JENNINGS BRYAN S. HOCHHALTER TODD W. PENNINGTON BRIGADIER GENERAL SCOTT W. JOHNSON JOHN P. KENYON JULIE L. PITVOREC BOYD C. SHORT, JR. ANDREA K. RFERRULLI To be brigadier general JOHN F. TILLERY DALE A. RIEDEL COLONEL DOMINIC D. ARCHIBALD ROBERT D. WARD JULIE L. RUTHERFORD COLONEL ARTHUR G. AUSTIN, JR. THEADORE L. WILSON MICHAEL W. SAFKO COLONEL CRAIG A. BARGFREDE CHRISTOPHER TAYLOR SMITH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL COURTNEY P. CARR RONALD L. SPENCER, JR. TO THE GRADE INDICATED IN THE UNITED STATES AIR COLONEL JOEL D. CUSKER JUSTIN H. TRUMBO FORCE UNDER TITLE 10, U.S.C., SECTION 624: COLONEL PATRICK J. DOLAN MARVIN WARREN TUBBS II COLONEL DAVID A. GALLOWAY To be colonel DAVID E. VERCELLONE COLONEL SCOTT F. GEDLING STACEY J. VETTER RANDON H. DRAPER COLONEL KEVIN S. GERDES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL JUAN L. GRIEGO STEVEN DOUGLAS DUBRISKE SCOTT T. ECTON TO THE GRADE INDICATED IN THE UNITED STATES AIR COLONEL RALPH H. GROOVER III FORCE UNDER TITLE 10, U.S.C., SECTION 624: COLONEL STEPHEN R. HOGAN NORINE PATRICI FITZSIMMONS COLONEL DANIEL R. HOKANSON DEREK IVAN GRIMES To be major COLONEL GARY E. HUFFMAN JOHN EUGENE HARTSELL COLONEL RUTH A. IRWIN PATRICIA A. MCHUGH RYAN J. ALBRECHT COLONEL STEPHEN E. JOYCE MARK W. MILAM JOHANNA A. ASTLE COLONEL RICHARD F. KEENE WILLIAM C. MULDOON, JR. CHRISTOPHER JAMES BAKER COLONEL TERRY A. LAMBERT CHARLES L. PLUMMER BRIAN V. BANAS COLONEL DANIEL B. LEATHERMAN MARLESA K. SCOTT JEFFREY T. BILLER COLONEL ELTON LEWIS PETER W. TELLER OWEN B. BISHOP COLONEL TIMOTHY M. MCKEITHEN JERRY A. VILLARREAL KELLYANN H. BOEHM COLONEL PAUL J. PENA ANDREW S. WILLIAMS MICHAEL C. BREAKFIELD COLONEL MATTHEW T. QUINN CHRISTOPHER S. BROWNWELL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL DENISE T. ROONEY KEVIN G. BURKE TO THE GRADE INDICATED IN THE UNITED STATES AIR COLONEL MARK A. RUSSO MICHAEL P. CARRUTHERS FORCE UNDER TITLE 10, U.S.C., SECTION 624: COLONEL ORLANDO SALINAS CHRISTOPHER D. CAZARES COLONEL BRYAN L. SAUCERMAN To be colonel JACQUELYN M. CHRISTILLES COLONEL MICHAEL D. SCHWARTZ DAVID ANTHONY COGGIN, JR. COLONEL TIMOTHY L. SHEPPARD JANELLE E. COSTA ANTHONY M. DAMIANI COLONEL REX A. SPITLER PAUL R. GARDETTO DANIEL L. DEAN COLONEL DONALD B. TATUM JEFFREY C. GILLEN JEREMY D. DEROXAS COLONEL JAMES E. TAYLOR FRANK A. GLENN BRADFORD M. DEVOE DAVID A. HAMMIEL AARON M. DRAKE IN THE NAVY JEFFERY A. JOHNSON MATTHEW E. DUNHAM CHRISTOPHER A. EASON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL T. KINDT SUBRINA V. S. LINSCOMB LOUIS D. ELDREDGE, JR. IN THE UNITED STATES NAVY TO THE GRADE INDICATED DARIN C. FAWCETT UNDER TITLE 10, U.S.C., SECTION 156: JAMES A. MULLINS KATHERINE S. REARDEN DAVID E. FEITH To be rear admiral (lower half) HANS V. RITSCHARD NEAL B. FRAZIER CHRISTOPHER S. ROBINSON RICHARD G. FREUDENBERG CAPT. JAMES W. CRAWFORD III JOSEPH S. ROGERS JOSHUA A. GOINS IN THE AIR FORCE JILL R. SCHECKEL LAURA L. HANSEN JOSEPH G. WEAVER ERICA L. HARRIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEROME E. WIZDA JEREMY H. HARRIS TO THE GRADE INDICATED IN THE UNITED STATES AIR CHARLES HASBERRY, JR. FORCE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JARED N. HAWKINS TO THE GRADE INDICATED IN THE UNITED STATES AIR ELIZABETH MARIE HERNANDEZ To be colonel FORCE UNDER TITLE 10, U.S.C., SECTION 624: RYAN D. HILTON JOSEPH T. FETSCH MEGLENA I. HRISTOV To be major GEORGE O. IWU THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SHAROIHA P. K. JAMESON TO THE GRADE INDICATED IN THE UNITED STATES AIR MARTIN D. ADAMSON SCOTT C. JANSEN FORCE UNDER TITLE 10, U.S.C., SECTION 624: JAMES B. ANDERSON MARTIN R. BOOTH ALLAN L. JUNGELS To be lieutenant colonel ROBERT E. BORGER PETER SEAN KEZAR WILLIAM J. BRASWELL STEVEN G. KOESTER SUZANNE M. HENDERSON BRIAN K. CLOUSE PHILLIP T. KORMAN JOSEPH J. KUBLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GARY A. COBURN RHEA ANN LAGANO TO THE GRADE INDICATED IN THE UNITED STATES AIR DARREN B. DUNCAN ERIN T. X. LAI FORCE UNDER TITLE 10, U.S.C., SECTION 624: ELBERT A. FADALLAN LANCE K. GIANNONE BRETT A. LANDRY To be colonel DAVID B. KRUSE DUSTIN C. LANE MARSHALL E. MACCLELLAN LARISSA N. LANIGAR CHARLES R. CORNELISSE SHAWN L. MENCHION JAMES R. LISHER II DONDI E. COSTIN ROBERT J. MONAGLE RICHARD W. LITTLEFIELD DAVID M. FITZPATRICK ERIK W. NELSON DANIEL C. MAMBER GERALD D. MCMANUS RONALD R. RAGON WESLEY E. MCCONNELL THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- STEVEN R. RICHARDSON SHAYLA L. MCNEILL MENT TO THE GRADES INDICATED IN THE REGULAR AIR JOHN G. SACKETT SHELLY STOKES MCNULTY FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): HERBERT C. SHAO GLEN R. MILLER JOHN MARION VON ALMEN JULIA J. MUEDEKING To be lieutenant colonel NICOLE M. NAVIN ENEYA H. MULAGHA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NINA R. PADALINO TO THE GRADE INDICATED IN THE UNITED STATES AIR KYLE A. PAYNE To be major FORCE UNDER TITLE 10, U.S.C., SECTION 624: GABRIEL DAVIS PEDRICK KARIN B. PEELING RAMONA R. HUNT To be lieutenant colonel JENNIFER E. POWELL DWIGHT L. JOHNSON MICHAEL T. RAKOWSKI JORGE A. LALOMASANCHEZ WILLIAM J. ANNEXSTAD JAMES M. REED JOHN M. OHARGAN LAURA S. BARCHICK AMANDA SEIDEL ROCKERS JENNY P. SPAHR MICHAEL A. BLACKBURN DEREK A. ROWE CLAUDIA P. ZIMMERMANN CHRISTOPHER A. BROWN CHAD C. CARTER RENEE DIANE SALZMANN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL JOHN COCO HEATHER L. SCHERBA TO THE GRADE INDICATED IN THE UNITED STATES AIR W. SHANE COHEN DANIEL E. SCHOENI FORCE UNDER TITLE 10, U.S.C., SECTION 624: PAUL R. CONNOLLY JACOB S. SIMPSON To be major ERIK C. COYNE LANCE R. SMITH PAUL E. CRONIN LEAH M. SPRECHER LENA R. HASKELL GRADY A. CROOKS ROBERT D. STUART EDWIN N. JUSINO THOMAS H. DOBBS MATTHEW D. TALCOTT STEVEN D. KIEFFER JOEL F. ENGLAND CHRISTOPHER CARL THOMPSON GREGORY T. MACDONALD GREGORY J. FIKE MICHAEL L. TOOMER THOMAS P. MARTIN, JR. JIN HWA LEE FRAZIER DANIEL P. TULL JOSEPH M. PAYNER GLEN L. FUNKHOUSER, JR. GRANT TIMOTHY WAHLQUIST JOHN W. ROYAL REBECCA MINA GAWARAN JOHN B. WARNOCK WILLIAM A. SOBLE PAULA M. GRANT PILAR G. WENNRICH KENNETH L. HOBBS BRIAN A. YOUNG THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN J. HOPKINS III GABRIEL MATTHEW YOUNG TO THE GRADE INDICATED IN THE UNITED STATES AIR DEBORAH L. HOUCHINS IN THE ARMY FORCE UNDER TITLE 10, U.S.C., SECTION 624: CONRAD L. HUYGEN To be lieutenant colonel JENNIFER C. HYZER THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE DARRIN K. JOHNS INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE DAVID LEWIS BUTTRICK JUDY L. KING 10, U.S.C., SECTION 12203:
VerDate Mar 15 2010 13:25 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00083 Fmt 0686 Sfmt 9801 E:\BR10\S17NO0.003 S17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17762 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010 To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PETER M. HAAS TO THE GRADE INDICATED IN THE RESERVE OF THE DWAYNE A. HARRIS ROBERT C. DORMAN ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JOE L. HART, JR. To be colonel ROBERT L. HATCHER, JR. THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR DAVID A. HATER APPOINTMENT TO THE GRADE INDICATED IN THE KEVIN ACOSTA RANDOLPH G. HAUFE UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, BJORN E. ANDERSON TIMOTHY J. HOLTAN U.S.C., SECTIONS 531 AND 3064: BRYAN L. BAIN KENNETH R. HOOK To be major JONATHAN D. BEARD TERRENCE L. HOWARD PATRICK BOND TONIE D. JACKSON, SR. DAVID A. NIEMIEC PATRICK O. BRILEY JAYNE V. JANSEN JAMES E. CLEMONTS, JR. JENNIFER L. JENSEN THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR PAUL B. CONNOR CURTIS A. JOHNSON APPOINTMENT TO THE GRADE INDICATED IN THE GARY H. DAVIS JOHN W. JONES UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, RICHARD L. DUBREUIL DAVID M. KACZMARSKI U.S.C., SECTIONS 531 AND 3064: PETER H. EVANS JAMES E. KAZMIERCZAK To be major STEWART R. FEARON MARK B. KELLY KENNETH J. FIELDS JAMES L. KENNEDY, JR. WILLIAM L. VANASSE EDELMIRO FONSECA ROBERT E. KING JEFFREY C. GARROTT LEONA C. KNIGHT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JIMMY E. HALL GREGORY W. KOLLER TO THE GRADE INDICATED IN THE UNITED STATES ARMY QUINCY V. HANDY WILLIAM M. KRAHLING AS UNDER TITLE 10, U.S.C., SECTION 624: ROBERT D. HARTER JOHN D. KUENZLI To be major JOHN B. HASHEM JOSEPH E. LADNER JAMES M. HEARLEY ROBERT J. LEHMAN GEORGE A. CARPENTER MONA R. HENRYBENNETT THEODORE M. LENNON ANNIE JACKSON VINCENT F. MALONE II THE FOLLOWING OFFICER FOR REGULAR APPOINT- ROY M. JEWELL JOHN C. MATTHEWS MENT IN THE GRADE INDICATED IN THE UNITED STATES GARY E. KAYSER KEVIN M. MCKENNA ARMY JUDGE ADVOCATE GENERAL’S CORPS UNDER KENNETH E. KOPS SEAN P. MCKENNEY TITLE 10, U.S.C., SECTIONS 531 AND 3064: HUBERT H. KWON BRUCE B. MCPEAK To be major ROBERT W. LEVALLEY MANUEL C. MENO, JR. ROGER LINTZ STEPHEN T. MILTON SUSAN A. CASTORINA WARD E. LITZENBERG JAMES S. MOORE, JR. DENISE L. LORING ROBERT F. MORTLOCK THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR RANELLE A. MANAOIS BERNARD L. MOXLEY, JR. APPOINTMENT TO THE GRADE INDICATED IN THE ANGELA S. MCCARGO MARTY L. MUCHOW UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, SHERRY MCCLOUD THOMAS P. MURPHY U.S.C., SECTIONS 531 AND 3064: GORDON T. MCMILLAN MICHAEL P. NAUGHTON To be major PHILLIP T. MICKLES CHARLES E. NEWBEGIN SEAN F. MULCAHEY MICHAEL W. NEWELL THERESA C. COWGER STEVEN W. NOTT GERALD NIXON MARIE N. WRIGHT BARBARA L. OWENS KYLE P. NORDMEYER MICHAEL J. PAPPAS BENJAMIN M. NUTT THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR ERNEST T. PARKER ANGELA M. ODOM APPOINTMENT TO THE GRADES INDICATED IN THE ROBERT J. RICHTMYRE MARK A. PAGET UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, ALBERTO RIVERA BRIAN A. PATTERSON U.S.C., SECTIONS 531 AND 3064: JOSEPH K. ROBERTS WILLIAM C. RAMSEY To be lieutenant colonel ADAM S. ROTH SCOTT J. RAUER JEFFREY C. SCHMIDTMAN MATTHEW D. REDDING PAULA S. OLIVER VIRVITINE SHARPE ERIC T. REINKOBER PAUL G. SHELTON JON K. RICKEY To be major VINCENT T. SIMMONS JAMES S. ROMERO JAMES A. RUPKALVIS GARY D. RIGGS RHONDA D. SMILLIE BRIAN N. SMITH SAMUEL L. RUSSELL THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR PENELOPE H. SPEED THOMAS J. SEELIG APPOINTMENT TO THE GRADES INDICATED IN THE WILLIAM M. STEINKIRCHNER THOMAS W. SEIFERT UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, JAMES B. STEPHENSON MARK C. SHADE U.S.C., SECTIONS 531 AND 3064: BRIAN R. TACHIAS EUGENE SHEARER RICHARD P. TAKISHITA SETH L. SHERWOOD To be lieutenant colonel RICK W. TAYLOR JOHN P. SILVERSTEIN KURT F. WAGNER SARA V. SIMMONS JOSEPH C. CARVER WANDA J. WALKER MICHAEL E. SLOANE To be major TODD R. WELSCH SPENCER L. SMITH ROBERT O. WILEY NANCY SPENCER DEBORAH AARON MARC S. WILSON GEOFFREY D. STEVENS HARRY E. CARTER ROBERT K. YIM DOUGLAS F. STITT GARY L. PAULSON TIMOTHY J. STRANGE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEITH J. SYLVIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL J. THURSTON TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: JAMES H. UTLEY II AS UNDER TITLE 10, U.S.C., SECTION 624: To be colonel GORDON T. WALLACE To be major KENNETH D. WATSON MARY E. ABRAMS DARREN L. WERNER JOHN E. JOHNSON II ALFRED F. ABRAMSON III BRADLEY A. WHITE SKIP ADAMS INES N. WHITE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- STEVEN L. ALLEN ANTHONY K. WHITSON POINTMENT IN THE GRADE INDICATED IN THE UNITED DELMAR G. ANDERSON DERRIN E. WILLIAMS STATES JUDGE ADVOCATE GENERAL’S CORPS UNDER JOE E. ARNOLD, JR. DAVID WILSON TITLE 10, U.S.C., SECTIONS 531 AND 3064: ROBERT E. BACKMAN ALAN D. WOODARD To be lieutenant colonel WILLIAM J. BAILEY MICHAEL A. WRIGHT MICHAEL T. BARKETT WILLIAM R. WYGAL ANDREW S. DREIER ROBERT L. BARNES, JR. MARTIN A. ZYBURA SAMUEL C. BLANTON III THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- TIMOTHY J. BOEMECKE POINTMENT IN THE GRADES INDICATED IN THE UNITED ROBERT D. BREM STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: ANTONIO BROWN To be lieutenant colonel HAROLD A. BUHL, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES D. BURDICK TO THE GRADE INDICATED IN THE UNITED STATES ARMY KEVIN D. ELLSON JAMES K. CHOUNG UNDER TITLE 10, U.S.C., SECTION 624: CHARLES COBBS III To be colonel To be major RAYMOND K. COMPTON BRETT A. AYVAZIAN JOHN P. CONWAY TIMOTHY P. ALBERS KEIDA L. MASSEY-MURRAY JOSEPH R. CORLETO PATRICK S. ANDERSON JULIE A. MAXWELL DENNIS V. CRUMLEY LYNETTE M. ARNHART STEVEN J. OLSON ROBERT W. CURRAN CHRISTOPHER D. BAKER PATRICK J. DAILEY ROBERT S. BARKER THE FOLLOWING NAMED ARMY NATIONAL GUARD OF KIMBERLY J. DAUB JOHN C. BASKERVILLE THE UNITED STATES OFFICERS FOR APPOINTMENT TO GERALD R. DAVIS, JR. KIRKLIN J. BATEMAN THE GRADE INDICATED IN THE RESERVE OF THE ARMY JENNY W. DAVIS JONATHAN R. BATTLE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CHARLES P. DEASE CARLOS G. BERRIOS To be colonel JAMES P. DELANEY SHELLEY A. BERRYHODNE SHEILA C. DENHAM MARIA A. BIANK PHILLIP R. GLICK JOSEPH P. DUPONT JAMES P. BIENLIEN RAY D. KELLEY DAVID C. DUSTERHOFF RALPH T. BLACKBURN CHARLES D. LAWHORN RICHARD A. ELLIS EDWARD M. BONFOEY III PAUL D. MCALLISTER MATTHEW J. FERGUSON JOHN E. BOX RONALD N. MCKAY HEATHER L. GARRETT STEVEN D. BRETON FRANK M. RICE HOLLY A. GAY DARIN L. BROCKINGTON KENNETH G. ROSADO ELUYN GINES GREGORY J. BROECKER SCOTT A. STSAUVER GORDON L. GRAHAM MICHAEL I. BROWNFIELD WILLIAM G. SUVER DAVID W. GRAUEL JAMES J. BRUHA
VerDate Sep 11 2014 11:38 Mar 14, 2018 Jkt 000000 PO 00000 Frm 00084 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S17NO0.REC S17NO0 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17763
SUSAN F. BRYANT PHILIP W. STANLEY JEFFREY P. JOHNSON JENNIFER G. BUCKNER CLAIRE E. STEELE JOHN M. JOHNSTON JOHN J. BURBANK MICHAEL P. STONEHAM DAVID L. JONES ANTHONY P. BURGESS MICHAEL D. STROZIER PAUL T. KASTNER BICHSON BUSH FERN O. SUMPTER CLARENCE S. KELLY, JR. LEO P. BUZZERIO JONATHAN E. SWEET DAVID R. KELLY BRYAN K. CHAPMAN WILEY C. THOMPSON JOHN T. KELLY JAY K. CHAPMAN DAVID C. TRYBULA PETER Y. KIM JAMES F. CHAPPLE JOHN C. ULRICH STEVEN T. KING JOHN A. CONWAY LAURA R. VARHOLA JAMES S. KLAUBER PAUL J. COOK PAUL R. WALTER STEVEN K. KNUTZEN RICARDO CRISTOBAL CHRISTOPHER P. WATKINS WILLIE A. KYLES BENJAMIN D. CROCKETT CHARLES J. WATSON HALDANE B. LAMBERTON PHILLIP R. CUCCIA ANDREW J. WEATE PAUL M. LANDRY PATRICK L. DANIEL, JR. THOMAS M. WEAVER DONALD P. LAUCIRICA CHARLES E. DAVIS PAUL L. WEBBER JAVIER LAZARO DAVID W. DETATA WILBURN C. WILLIAMS, JR. FREDERICK A. LEINWEBER DAVID W. DINGER GEORGE D. WINGFIELD JANE M. LENGEL JAMES A. DONNELLY WILLIAM T. WINKLBAUER GEORGE A. LEONE MICHAEL E. DONNELLY GREGORY S. WINSTON STEVEN A. LEWIS JOSEPH J. DWORACZYK WADE S. YAMADA DEANNE E. LINS GRANT EDWARDS DANIEL E. ZALEWSKI ANITA E. LONG MARK B. ELFENDAHL DARRELL H. ZEMITIS ROBERT A. MAGNANINI STEPHEN A. ELLE MITCHELL G. MALONE KRISTIN A. ELLIS FREDERICK J. MARLAR NELSON L. EMMONS, JR. RICHARD P. MARTIN JOSE A. ESPINOSA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CARLOS R. MARTINEZ DERRICK B. FARMER TO THE GRADE INDICATED IN THE RESERVE OF THE MICHAEL G. MARTINEZ WADE A. FOOTE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: KENNETH L. MCCREARY PETER C. FOWLER To be colonel JAMES P. MCFADDEN ALFRED E. FRANCIS BERNARD H. MCLAUGHLIN, JR. PAUL H. FREDENBURGH ELLEN J. ABBOTT DAVID R. MEAKINS MICHAEL G. FREIBURGER MAHER M. ABED FRANTZ MICHEL NORMAN H. FUSS III WILLIAM R. ALDRIDGE THOMAS J. MILLER BRYANT D. GLANDO MYLES E. ALTIMUS PAMELA P. MOODY JOHN C. GOETZ II DUNCAN D. AUKLAND CHARLES W. MOORE JOHN M. GRAHAM, JR. TOMMY H. BAKER MARILYN A. MOORES JOHN G. GREAVES JAMES A. BELASKI MARYBET MORCIGLIO CHARLES E. GRINDLE EMMANUEL BELT ADRIAN M. NAGEL LEE K. GRUBBS RAYMOND M. BILY, JR. MARTY R. NICHOLS TERRY A. GUILD PAUL N. BIRD, JR. JAMES S. NIUMATALOLO ANTHONY R. HALE ANDREW T. BLAIR JAMES A. NORTH JOSEPH G. HALISKY SCOTT J. BOESPFLUG MICHAEL H. NOYES PATRICK D. HALL JOSE R. BORIACRUZ PATRICK J. NUGENT JOSEPH P. HANUS DAVID J. BRADY ROBERT K. OCONNOR WILLIAM T. HARMON STEVEN A. BRAGORGOS BRIAN C. OLSON HUGHIE B. HARRIS TIMOTHY D. BRANDT VINCENT D. ONEILL JOHN M. HAYNICZ JEFFERY L. BROWN GERVASIO ORTIZLOPEZ CHRISTOPHER V. HERNDON TODD D. BROWN HOLLY A. OTTESEN MARK A. HINDS WILLIAM K. BROWN JOAQUIN S. PANGELINAN DAVID HUDAK CHARLES B. BUNTIN ANDREW C. PAVORD PETER S. IM JOHN H. BURKE MARK W. PETERSEN JEROME W. JACKSON III CHRISTOPHER M. BURNS MICHAEL S. PIAZZONI GREGORY M. JAKSEC JOHN H. CAMPBELL GREGORY A. PICKELL JOHN R. JONES JOHN K. CAPELLO MARK A. PITERSKI WILLIAM D. JONES III RITA B. CASEY KEVIN L. PLAGMAN MARK M. KARAS DANIEL R. CATON RICHARD P. POOLE TODD E. KEY RONALD G. CHEW MARK A. PRESTON DAVID T. KIM GARY T. CHRISTIANSON TERRY C. QUIST JOHN S. KIM ROBERT J. CHURCH GEORGE M. RAND ROBERT S. KIMBROUGH ALBERT J. COLE FRANCIS T. RILEY MARK E. KJORNESS EDAM N. COLON JOSE A. RIVERAHERNAIZ HEINO KLINCK IRIS D. COLONRIVERA CLARK R. ROBERTS ERNEST C. LEE FRANK A. CORNELIO CHARLYNN V. SAGUID LELAND A. LIEBE WILLIAM S. CROSSEN GREGORY S. SALISBURY STEWART W. LILES ROBERT J. DAMBRINO III FRANK A. SANTORE, JR. HOWARD Y. LIM SAMUEL J. DARWIN VERNON L. SCARBROUGH, JR. NORMAN P. LITTERINI JOHN M. DAVIS DAVID A. SCHALL ARTUR M. LOUREIRO STEVEN A. DAVIS RANDALL J. SCOTT CHRIS L. LUKASEVICH GREGORY V. DEBERNARD SHARON S. SCOTTI KRISTIAN M. MARKS CARLA H. DECKER TIMOTHY J. SENECAUT STEVEN M. MARROCCO ENRIQUE M. DELAPAZ JOHN F. SHEARD BRIAN R. MCCULLOUGH TOMAS DELEON BRIAN E. SHERIDAN CHAD A. MCGOUGAN ROBERT A. DERMANN SHARON R. SIMS RYAN P. MCMULLEN DAMIAN T. DONAHOE JAMES L. SISSON DANIEL C. MILLER LEONARD H. DYER, JR. DAVID A. SKALICKY RALPH E. MILLER DWAYNE P. ECKMAN WILLIAM B. SMITH, JR. BRADLEY K. MITCHELL JEFFERY R. EDGE MATTHEW O. SNYDER JONATHON R. MOELTER BARBARA J. ELMER JEFF D. SORACCO RICHARD M. MONNARD TONY L. FERGUSON SPYROS L. SPANOS ARMIDA MONTEMAYOR EARL W. FLANAGAN MATTHEW P. SPRENGER DANIEL L. MORRIS KENNETH J. FORAND JEFFREY T. SQUIRES JOHN C. NELSON CARL L. FRANKS, JR. MICHAEL A. STACEY SUZANNE C. NIELSEN EMMA A. FRISTOE DOUGLAS E. STALL SHAWN M. NILIUS TIMOTHY G. GARDNER ANDREW M. STEWART MAUREEN J. OCONNOR DOMENICK A. GARZONE STEVEN E. STIVERS DOUGLAS J. ORSI TIMOTHY A. GLYNN RONALD E. STRAHLE TROY D. OTTO ANTONIO R. GONZALEZ DREW P. SULLINS DONOVAN D. PHILLIPS MICHAEL R. GONZALEZ STEPHEN G. SWEET DIRK E. PLANTE EUGENE T. GORMLEY TIMOTHY J. SYMONDS BENNIE J. POKEMIRE ROMMEL A. GUERRERO ROBERT A. TAMPLET EDWARD T. POWERS SANTOS GUZMAN JOHN B. TANNEHILL EDWARD C. PREM THOMAS E. HAIDET JOHN F. TAYLOR, JR. CHRISTOPHER N. PRIGGE ANTHONY L. HALL DEREK J. TOLMAN KENNETH A. RECTOR DARCIE D. HANDT MARK A. TOLZMANN LARRY J. REDMON JAMES B. HARDY MARK A. VANDYKE STEVEN D. REHN GREGORY H. HARGETT COURTNEY B. VARESLUM BRETT E. REISTER JOE D. HARGETT NELSON R. VELEZ CHARLES C. RIMBEY ROBERT A. HEDGEPETH TIMOTHY K. WALKER GLORIA A. RINCON DONNA J. HENDERSON DALE T. WALTMAN RENE R. RODRIGUEZ ALBERTO M. HIGUERA ALMA E. WATKINS PAUL H. ROSS MICHAEL HOGUE RAYMOND V. WATTS JOSEPH F. ROYBAL RANDALL F. HOLBROOK DAVID B. WEISNICHT TODD C. RUNYON RUSSELL W. HOWE BILL G. WELCHER THOMAS G. RYAN ROBERT M. HOWLAND RICKEY L. WEST MARK A. SCHREIBER JONATHAN S. HUBBARD LARRY A. WHEELER RICHARD A. SCHUENEMAN MARVIN T. HUNT GALEN D. WHITE MATTHEW B. SCHWAB DANIEL J. IVERSON MYLES T. WILLIAMS LISA A. SHAY KELLY S. JACKSON JOHN T. WILTSE DANIEL M. SHRIMPTON RUFUS D. JARRIEL MICHAEL E. WINKLER EUGENE SIMON AARON C. JOHNSON GLENN C. WIRTH ALICIA G. SMITH ANTHONY W. JOHNSON DAVID E. WOOD
VerDate Sep 11 2014 11:38 Mar 14, 2018 Jkt 000000 PO 00000 Frm 00085 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S17NO0.REC S17NO0 ejoyner on DSK30MW082PROD with BOUND RECORD 17764 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 November 17, 2010
MICHAEL W. YOUNG GARY M. KOLB PAUL L. YINGLING TROY D. KRINGS LOUIS A. ZEISMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTIAN T. KUBIK TO THE GRADE INDICATED IN THE UNITED STATES ARMY KIMBERLY S. KUHN UNDER TITLE 10, U.S.C., SECTION 624: JOHN R. LAKSO To be colonel JOHN K. LANGE BRUCE E. LEAHY JOHN C. ALLRED KYLE E. LEAR SCOTT R. ALPETER SIOBAN J. LEDWITH EDWARD J. AMATO DAVID A. LESPERANCE JEFFERY A. ANDERSON CHRISTOPHER LESTOCHI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MATTHEW R. ANDERSON JOHN F. LIGHTNER TO THE GRADE INDICATED IN THE RESERVE OF THE QUINTON J. ARNOLD BERNARD R. LINDSTROM ARMY UNDER TITLE 10, U.S.C, SECTION 12203: ROBERT L. BAILES LAURENCE C. LOBDELL To be colonel HUGH D. BAIR MICHAEL R. LWIN GREGORY BENDEWALD ROBERT W. LYONS JOHN W. AARSEN WILLIAM E. BENSON THOMAS H. MACKEY CAROLINE L. ABSHIER NICHOLAS O. BERNHARDT MICHAEL J. MAMMAY HOLTORF R. ALONSO MARK D. BIEGER JAMES C. MARKERT THOMAS M. ANDREJCAK JOHN E. BIRCHER IV DAVID A. MARKOWSKI RICHARD H. ANTONISSE CAROLYN S. BIRCHFIELD THOMAS S. MATSEL TREVOR A. AUSTIN JIMMY F. BLACKMON BENJAMIN M. MATTHEWS RONALD A. BACON SCOTT R. BLEICHWEHL JIMMY L. MCCONICO HENRY J. BANKER SHANNON L. BOEHM BERRIEN T. MCCUTCHEN, JR. MICHAEL J. BARCOMB JOHN V. BOGDAN GEORGE R. MCDONALD VINCENT B. BARKER DOUGLAS A. BOLTUC JOSEPH S. MCLAMB DAVID M. BARNETT JEFFERY D. BROADWATER RONALD W. MCNAMARA DAVID C. BARRETT WILLIAM T. BROOKS WILLIAM E. MCRAE DALE H. BARTLETT JAMES A. BRYANT CORY A. MENDENHALL RODNEY S. BERRY TIMOTHY W. BUSH ROBERT L. MENTI RUSSELL H. BITTLE, JR. THOMAS H. BYRD GENE D. MEREDITH JAMES A. BLANKENHORN MATTHEW R. CARRAN JAMES D. MILLER GLENN L. BLONDIN KENNETH R. CASEY MARK A. MILLER ROBERT S. BOBINSKI DAVID L. CHASE MATTHEW C. MINGUS TIMOTHY P. BOBROSKI PATRICK A. CLARK STEVEN M. MISKA BARRY C. BORT DAVID R. CLONTS KEVIN J. MOFFETT KATHLEEN S. BURR DARIN S. CONKRIGHT RICARDO O. MORALES OTTO A. BUSHER III TERRY P. COOK MICHAEL T. MORRISSEY DONALD W. CANADAY REGINALD W. COTTON SEAN F. MULLEN SEAN J. CANNON CLEMENT S. COWARD, JR. DAVID L. MUSGRAVE JOHN C. CASE CHARLES J. DALCOURT, JR. ANDREW C. MUTTER DAUPHIN V. CHILDS III MICHAEL N. DAVEY JONATHAN T. NEUMANN DAVID L. CHURCH FRANCIS J. DAVIDSON FREDERICK M. ODONNELL ARLEEN A. COATES JOSEPH D. DAVIDSON PAUL B. OLSEN KAREN L. COCCIO THOMAS A. DAVIS THOMAS W. OSTEEN JEFFREY C. COGGIN BRANDT H. DECK PAUL E. OWEN ALFONSO COLBOURNE CHRISTOPHER DELAROSA RICHARD P. PANNELL JOE L. COMBS, JR. ANTHONY G. DEMARTINO STEVEN L. PARKER ROBERT S. CONFORTO MARK J. DESCHENES LEON F. PARROTT PETER L. CONNELLY MARIO A. DIAZ DENNIS N. PASTORE MICHAEL A. COOK ANTHONY C. DILL MICHAEL S. PATTON IVAN CORNIELLE ROBERT N. DILLON LARRY D. PERINO CARY M. COSTA ALAN M. DODD SCOTT A. PETERSEN DAVID A. COZZIE IGNATIUS M. DOLATA, JR. JOHN P. PETKOSEK JERRY L. CRANDALL JOHN F. DUNLEAVY SALVATORE J. PETROVIA QUENTIN K. CRANK MICHAEL R. EASTMAN GEORGE S. PITT WILLIAM Y. CRAVEN MATTHEW G. ELLEDGE BILLINGSLEY G. POGUE III OSCAR K. CREASY II NATHANIEL W. FARMER JOHN S. PRAIRIE JAMES H. CROSBY DAVID S. FLECKENSTEIN LOUIS B. RAGO II THOMAS C. CROSS MICHAEL J. FORSYTH MITCHELL L. RAMBIN FRANCIS J. CURTIS, JR. ROBERT A. FORTE JAMES F. RECKARD III MARK E. CUTTLE MICHAEL L. FOSTER JOHN W. REYNOLDS II TIMOTHY S. DAMICO DAVID J. FRANCIS JOHN B. RICHARDSON IV MARIO DAVILA, JR. GEORGE L. FREDRICK WARLINE S. RICHARDSON SCOTT J. DAVIS MICHAEL P. GABEL WILLIAM S. RIGGS ANTHONY H. DEMOLINA JESSE D. GALVAN PATRICK B. ROBERSON JAY A. DESCAMPS CHRISTOPHER C. GARVER GARY A. ROSENBERG DEAN A. DISIBIO WILLIAM A. GEIGER DEREK R. ROUNTREE PAUL G. DIXON GEORGE A. GLAZE DAVID J. RUDE CHRISTOPHER C. DOLT STUART P. GOLDSMITH WALTER T. RUGEN GEORGE A. DOMS STEPHEN J. GREEN DAVID E. SALTER SYLVIA A. DRAYTON RICHARD G. GREENE, JR. JEFFREY M. SANBORN JOHN M. DUGUAY JOHN H. GREENMYER III FRANK N. SANDERS RICHARD S. DUKES KEVIN F. GREGORY GEORGE H. SARABIA KIMO J. DUNN JOHN P. GRIMES PAUL S. SARAT, JR. JOSEPH P. EBERT ERIC D. HANDY ERIC E. SCHWEGLER RAYMOND K. ELDERD III ROBERT M. HANLEY JOHN M. SCOTT ANTHONY J. ESCOTT RANDALL L. HARRIS TORY L. SCOTT WILLIAM E. EVANS KENNETH A. HAWLEY BURTON K. SHIELDS INGA S. EWING RANDALL I. HAWS MICHAEL S. SHROUT JOHN D. FARON TIMOTHY P. HEALY JOHN W. SILKMAN JOSEPH R. FAUCETT TAMMY A. HEATH MICHAEL D. SIMLEY RICHARD A. FAULKNER, JR. SCOTT W. HEINTZELMAN DENNIS C. SMITH KIRK M. FERNITZ KEVIN D. HENDRICKS KENT B. SOEBBING OTTO C. FIALA MATTHEW S. HERGENROEDER MARK W. SOLOMON MELVIN FLEMING DARYLE J. HERNANDEZ BENJAMIN O. SOLUM MICHAEL A. FOLEY KEVIN C. HICKS KELLY C. SPILLANE JAMES C. FREEMAN JAMES M. HIGGINS RICHARD D. SPRINGETT JOHN P. FRYE STEVEN L. HITE JOHN P. STACK, JR. MARC A. GARCIA HORACE C. HODGES THOMAS H. STAUSS RONALD J. GAUSE DIANA M. HOLLAND ROBERT T. STEIN SCOTT D. GEMELING CLAUDE E. HOUSE DONALD P. TAYLOR, JR. ROBERT A. GOLEY MIGUEL D. HOWE MICHAEL T. TETU PETER W. GOODRICH DANIEL S. HURLBUT RICHARD THEWES, JR. NATHAN GORN HEYWARD G. HUTSON MICHAEL R. THOMAS MARY E. GRAF PATRICK J. HYNES TOMMY G. THOMPSON LEELA J. GRAY TERRY A. IVESTER PAUL D. TOUCHETTE EDITH M. GREENE MARK A. JACKSON MICHAEL F. TRONOLONE, JR. ENRIQUE M. GUERRA BRETT C. JENKINSON KEVIN A. VIZZARRI STEPHEN J. HAGER GREGORY R. JICHA JOHN G. VOORHEES, JR. CHARLES D. HALE CHRISTOPHER B. JOHNSON DONALD L. WALKER DARWIN R. HALE, JR. OMAR J. JONES IV GLENN A. WATERS DWIGHT A. HALL ROBERT A. JONES DALE E. WATSON JOHN E. HALVORSON JOSEPH R. JORDAN TIMOTHY F. WATSON JOHN H. HAMLETTE III MATTHEW G. KARRES ARTHUR G. WEEKS DAVID M. HAMMONS CHRISTIAN M. KARSNER DEAN M. WEILER ALVIN M. HARRIS NICHOLAS W. KATERS JOHN C. WHITE MOLLY R. HARRIS VALERY C. KEAVENY, JR. SAMUEL E. WHITEHURST WILLIAM T. HARRIS TIMOTHY F. KEHOE ROBERT F. WHITTLE, JR. SAMUEL C. HARTWELL ROBERT L. KELLEY, JR. RICHARD A. WILSON TERI A. HASSELL DANIEL J. KING WILLIAM S. WOZNIAK GLENWOOD A. HENCE MARK S. KNERAM DARRON L. WRIGHT KRISTAN L. HERICKS
VerDate Sep 11 2014 11:38 Mar 14, 2018 Jkt 000000 PO 00000 Frm 00086 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S17NO0.REC S17NO0 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 12 17765 PAUL F. HICKS, JR. JANET E. RILEY To be captain FRANK E. HIMSL LUIS A. RIOS STEVEN C. HOLCOMB NORMA E. RIVERA FREDERICK G. PANICO ALPHONSO HOLT WILLIAM L. ROBERTS III RANDALL L. HORTON CULEN K. ROBINSON THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- DOUGLAS L. HOWELL JONATHAN ROBINSON MENT TO THE GRADES INDICATED IN THE REGULAR DAVID S. HOWEY MOLINEAUX ROBINSON NAVY UNDER TITLE 10, U.S.C., SECTION 531: ERIK E. IMAJO STEPHANIE A. ROGERS To be captain WILTON C. JACKSON DEAN J. RONDEAU EDDIE C. JACOBSEN KARL E. ROSBOROUGH DANIEL J. TRAUB THOMAS K. JARVIS PAUL C. ROSSER, JR. WILLIAM J. JEFFERSON SEWAPHORN K. ROVIRA To be commander CARL D. JOHNSON DOUGLAS H. RUDD BRADLEY G. OLSEN CHARLES E. JOHNSON RODNEY A. RUSSO CRAIG M. JOHNSON STEPHEN M. RUTNER To be lieutenant commander ERIC M. JOHNSON ROBERT A. RYAN PAULA Z. JONES GREGORY W. SACKMAN WAYNE M. BURR JEFFREY W. JURASEK HAROLD L. SAMS ANDREW R. KEIRN JAMES A. SAMS THE JUDICIARY JAMES J. KELLY BERNARD SAMUEL, JR. CATHY BISSOON, OF PENNSYLVANIA, TO BE UNITED RICHARD D. KILLIAN MICHAEL J. SCANTLING STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT KI H. KIM LISA A. SCHIEFERSTEIN OF PENNSYLVANIA, VICE THOMAS M. HARDIMAN, ELE- KENNETH E. KING THOMAS R. SCHOTT VATED. NICHOLAS E. KRUPA DAVID A. SCHROEDER VINCENT L. BRICCETTI, OF NEW YORK, TO BE UNITED STEVEN E. KUKLIN KARL A. SCHWARTZ STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT JEFFREY J. KWIECINSKI GORDON A. SCOTT OF NEW YORK, VICE KIMBA M. WOOD, RETIRED. HAROLD H. KWON GARRETT V. SCOTTMILLER ROY BALE DALTON, JR., OF FLORIDA, TO BE UNITED GREGORY A. LAEMMRICH ANTHONY P. SCOTTO STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF LUCINDA H. LANE LAUREEN G. SENDELGRANT FLORIDA, VICE HENRY LEE ADAMS, JR., RETIRED. JAMES P. LAVERY JANET A. SEUFERT SARA LYNN DARROW, OF ILLINOIS, TO BE UNITED JOHN P. LAWLOR TEDDY T. SHELTON STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT MARY M. LEE GEOFFREY S. SHURE OF ILLINOIS, VICE JOE B. MCDADE, RETIRED. MARY L. LEMASTERS KATHRYN A. SIVERLING JOHN A. KRONSTADT, OF CALIFORNIA, TO BE UNITED STUART K. LHOMMEDIEU CURT N. SLICK STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT MARIO LIJOI LARRY H. SMITH OF CALIFORNIA, VICE FLORENCE-MARIE COOPER, DE- TERRY K. LINDSEY GEORGE S. SOLOMON CEASED. DAVID W. LING PERRY N. SOSA KEVIN HUNTER SHARP, OF TENNESSEE, TO BE UNITED CHARLES T. LINVILLE PABLO SOTORIVERA STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF JOHN T. LISTERMANN CAMMIE L. SPENCE TENNESSEE, VICE ROBERT L. ECHOLS, RETIRED. LOUIS F. LONG III ALAN K. STEMPEL RAYMOND F. LOO MARK S. STEVENS DEPARTMENT OF JUSTICE DANNY E. LOVELADY THOMAS G. STICKNEY PROFIT LUCY CHRISTOPHER W. STOCKEL S. AMANDA MARSHALL, OF OREGON, TO BE UNITED STEVEN S. LYONS KEVIN M. SULLIVAN STATES ATTORNEY FOR THE DISTRICT OF OREGON FOR DOUGLAS R. MACMILLAN SCOTT R. SWANSON THE TERM OF FOUR YEARS, VICE KARIN J. IMMERGUT, DANILO C. MAGPANTAY STEVEN N. THOMAS TERM EXPIRED. PETER W. MALIK GREGORY I. THOMPSON ESTEBAN SOTO III, OF MARYLAND, TO BE UNITED LOLA M. MANN JOHN A. THOMPSON STATES MARSHAL FOR THE SUPERIOR COURT OF THE NICK MASTROVITO HUNTER W. THRASHER DISTRICT OF COLUMBIA FOR THE TERM OF FOUR YEARS, DAVID B. MATTHEW CHRISTOPHER H. TILLEY VICE STEPHEN THOMAS CONBOY, RESIGNED. PHILIP A. MAULDIN LUIS E. TORRES EDWIN DONOVAN SLOANE, OF MARYLAND, TO BE DAVID A. MCCRACKEN JANET E. TOWNLEY UNITED STATES MARSHAL FOR THE DISTRICT OF CO- KATHLEEN A. MCDONNELL TERESA A. TOWNSEND LUMBIA FOR THE TERM OF FOUR YEARS, VICE GEORGE JOHN F. MCFASSEL CAMERONE L. TRENT BREFFNI WALSH, TERM EXPIRED. ROBERT W. MCKENRICK STEFANOS G. VENABLE JOSEPH CAMPBELL MOORE, OF WYOMING, TO BE REGINALD L. MCKENZIE CHRISTINE L. VUSKALNS UNITED STATES MARSHAL FOR THE DISTRICT OF WYO- DAVID J. MENEGON JASON L. WALRATH MING FOR THE TERM OF FOUR YEARS, VICE JAMES AN- TERRY R. MEYER BENNY H. WALTERS THONY ROSE, TERM EXPIRED. JAMES E. MILLER JON R. WALTERS, JR. RUSSEL EDWIN BURGER, OF OREGON, TO BE UNITED VERNON M. MIRANDA CHRISTOPHER L. WARNER STATES MARSHAL FOR THE DISTRICT OF OREGON FOR ROBIN C. MORALEZ STEPHEN H. WARNOCK THE TERM OF FOUR YEARS, VICE DENNIS CLUFF MER- SCOTT R. MORCOMB RUSSELL H. WEBB RILL, TERM EXPIRED. GREGORY J. MOSSER THOMAS P. WEIKERT CHARLES EDWARD ANDREWS, OF ALABAMA, TO BE PETER R. MUCCIARONE GREGG L. WESTERBERG UNITED STATES MARSHAL FOR THE SOUTHERN DIS- KEITH P. NADIG DAVID B. WHALING TRICT OF ALABAMA FOR THE TERM OF FOUR YEARS, ANTHONY NAPLES JAMES R. WHITE VICE WILLIAM SMITH TAYLOR, TERM EXPIRED. ANTHONY J. NEAVERTH ROBERT A. WHITE DARRELL JAMES BELL, OF MONTANA, TO BE UNITED PETER F. NORSETH ANDREW W. WICHERS STATES MARSHAL FOR THE DISTRICT OF MONTANA FOR JOSEPH L. OCONNELL VANESSA M. WILLIAMS THE TERM OF FOUR YEARS, VICE DWIGHT MACKAY, DALLAS P. OLSON CATHERINE N. WILSON TERM EXPIRED. TANYA R. OLSON MICHAEL L. WOJTA WILLIAM BENEDICT BERGER, SR., OF FLORIDA, TO BE KAREN OSSORIO BRIAN W. WOOD UNITED STATES MARSHAL FOR THE MIDDLE DISTRICT RICHARD W. PACIOUS BARBARA L. WOOTENJOYCE OF FLORIDA FOR THE TERM OF FOUR YEARS, VICE DANIEL M. PATTON MICHAEL M. YANAK THOMAS DYSON HURLBURT, JR., TERM EXPIRED. MICHAEL C. PEETERS JOHN J. ZENKOVICH BRYAN G. PETERSON LOREN T. ZWEIG f JOHN D. PILOT ROBERT W. PINCKARD THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DARYL W. PING THE UNITED STATES OFFICERS FOR APPOINTMENT TO WITHDRAWAL MICHAEL F. PODRATSKY THE GRADE INDICATED IN THE RESERVE OF THE ARMY CHRISTOPHER D. POKORNY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Executive Message transmitted by JAY R. POPEJOY To be colonel SHAWN D. POWELL the President to the Senate on Novem- TIMOTHY S. PRESLEY JOHN G. FELTZ ber 17, 2010 withdrawing from further MARY K. PROPHIT MICHAEL R. KINNISON PATRICK D. QUENGA SCOTT G. PERRY Senate consideration the following JORGE QUINONES CHRISTIAN F. REES nomination: DOUGLAS J. QUIVEY LOUIS W. WILHAM JAMES E. RAMSEY IN THE NAVY MARSHA TERNUS, OF IOWA, TO BE A MEMBER OF THE WILLIAM J. REILLY BOARD OF DIRECTORS OF THE STATE JUSTICE INSTI- BERNARD C. REINWALD, JR. THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- TUTE FOR A TERM EXPIRING SEPTEMBER 17, 2012, VICE WILLIAM RENALDO MENT TO THE GRADE INDICATED IN THE UNITED STATES ROBERT A. MILLER, TERM EXPIRED, WHICH WAS SENT DIANE P. RICHIE NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TO THE SENATE ON SEPTEMBER 13, 2010.
VerDate Sep 11 2014 11:38 Mar 14, 2018 Jkt 000000 PO 00000 Frm 00087 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S17NO0.REC S17NO0 ejoyner on DSK30MW082PROD with BOUND RECORD 17766 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 HOUSE OF REPRESENTATIVES—Wednesday, November 17, 2010
The House met at 10 a.m. and was minute and to revise and extend his re- LET’S HANG ON TO OUR called to order by the Speaker pro tem- marks.) FREEDOMS pore (Mr. PASTOR of Arizona). Mr. QUIGLEY. Mr. Speaker, I rise (Mr. KAGEN asked and was given f today because the Israeli Security Cab- permission to address the House for 1 inet is preparing to take a critical vote DESIGNATION OF THE SPEAKER minute.) on a proposal to temporarily halt con- Mr. KAGEN. Mr. Speaker, I received PRO TEMPORE struction in the West Bank. a message from one of my constituents, The SPEAKER pro tempore laid be- Our Israeli friends have offered, once one of my bosses, Mr. and Mrs. Elmo fore the House the following commu- again, to stop construction on the West Roach, from northeast Wisconsin, nication from the Speaker: Bank in order to open the door to a which reads, in part: ‘‘Do not waver on WASHINGTON, DC, peace deal. However, a peace agree- beginning to bring our troops out of Af- November 17, 2010. ment has no chance of coming to fru- ghanistan, saving more of wasteful I hereby appoint the Honorable ED PASTOR ition if the Palestinian Authority and spending. Redirect all accrued military to act as Speaker pro tempore on this day. President Abbas refuse to come to the savings to veterans, to paying our NANCY PELOSI, troops and supporting their families. Speaker of the House of Representatives. negotiating table. Only face-to-face ne- gotiations between the two sides can ‘‘Sorry to say, but we may be ready f lead to a peace deal. to retreat to the comfort of our well- PRAYER Unilateral action by the U.N. will not earned retirement if the President contribute to peace, and the adminis- blinks or compromises. The Chaplain, the Reverend Daniel P. ‘‘He promised, we delivered, now we Coughlin, offered the following prayer: tration must be strong in signaling that any move by the U.N. toward inde- expect him to act like Truman or Roo- Lord of heaven and Earth, by Your sevelt.’’ gracious will, You have awakened us to pendent action will be vetoed. We are at a vital crossroads. We can You see, in northeast Wisconsin we a new day. As we look upon the respon- still believe that people are more im- choose the path of peace, but only if sibilities that lay before us, grant us portant than corporate profits. We still parties do their part and play their wisdom to make good decisions, the believe that one single family on Main role. President Abbas must come to the strength to do what is right, compas- Street is more valuable than all of the table and justify the good-faith efforts sion for people we meet along the way, corporations on Wall Street. We also by the people of Israel to achieve a and the satisfaction that we may believe that our freedoms will be ours lasting peace. please You by what we do and say, and for only as long as we can hang on to give You glory, both now and forever. them. f Amen. f f NATIONAL GUARD TROOPS END THE DUAL MANDATE AT THE THE JOURNAL SHOULD BE SENT TO THE BORDER FED The SPEAKER pro tempore. The (Mr. POE of Texas asked and was (Mr. PENCE asked and was given per- Chair has examined the Journal of the mission to address the House for 1 given permission to address the House last day’s proceedings and announces minute and to revise and extend his re- for 1 minute.) to the House his approval thereof. marks.) Mr. POE of Texas. Mr. Speaker, over Pursuant to clause 1, rule I, the Jour- Mr. PENCE. Mr. Speaker, jobs should 2,200 people have been killed just this nal stands approved. be job one in this Congress and the year in drug-related border violence in f next. Full employment must be the ob- Mexico, and some have been Ameri- jective of policymakers in Washington, PLEDGE OF ALLEGIANCE cans. The violence is flooding into D.C. The SPEAKER pro tempore. Will the American communities. Bullets are lit- But after years of runaway spending, erally flying across the Rio Grande gentleman from Illinois (Mr. QUIGLEY) borrowing and stimulus, it’s clear—and come forward and lead the House in the River into El Paso, Texas. The drug the American people know it—we can’t Pledge of Allegiance. cartels shoot their way across the bor- borrow and spend and bail our way Mr. QUIGLEY led the Pledge of Alle- der into America, and people are back to a growing economy. giance as follows: scared. Unfortunately, judging from the lat- The Federal Government has a two- est round of quantitative easing, I pledge allegiance to the Flag of the part border security plan: one, put up United States of America, and to the Repub- known as QE2, the Federal Reserve lic for which it stands, one nation under God, warning signs not to travel parts of hasn’t gotten the message. Printing indivisible, with liberty and justice for all. America because of the violent drug money is no substitute for sound fiscal cartels; and, two, sue States that try to f policy. protect their people from illegal entry. This week I introduced legislation to ANNOUNCEMENT BY THE SPEAKER That is no competent security plan. end the dual mandate of the Fed. It is PRO TEMPORE One real answer is to pass legislation time, once again, to demand that the The SPEAKER pro tempore. The to put 10,000 National Guard troops on Federal Reserve focus exclusively on Chair will entertain up to 15 requests the border, to be paid for by the Fed- price stability and protecting the dol- for 1-minute speeches on each side of eral Government and supervised by the lar; and it’s also time to demand that the aisle. State Governors. policymakers here in Washington, D.C. f How much more violence must occur embrace the kind of reforms that will on the border before the Feds actually promote real growth, tax reform, tax LASTING PEACE IN ISRAEL do the job the Constitution requires? relief, fiscal discipline, regulatory re- (Mr. QUIGLEY asked and was given Protect the Nation. form and trade. We can’t print money permission to address the House for 1 And that’s just the way it is. as a pathway to prosperity.
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 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17767 I urge my colleagues to join me in September. He was able to see his fam- they were criminals. We need a little ending the dual mandate of the Fed, ily and friends one last time before his more balance and common sense on and let’s get back to growing this econ- life was cut so drastically short. this. omy on principles and policies that Blake proudly served our Nation with f work. courage and bravery, and his life was f taken far too soon. He will be missed. BUSH TAX CUTS DEVELOPING CLEAN ENERGY f (Mr. YARMUTH asked and was given TECHNOLOGY IN THE UNITED JOBS permission to address the House for 1 minute.) STATES (Mr. BACA asked and was given per- Mr. YARMUTH. Mr. Speaker, soon (Ms. HIRONO asked and was given mission to address the House for 1 we are going to have to decide how to permission to address the House for 1 minute.) treat the Bush tax cuts. We are going minute.) Mr. BACA. When President Obama to have to decide whether or not to Ms. HIRONO. Mr. Speaker, one way took office, he inherited a $1.2 trillion indebt the American people another we can create jobs, the number one deficit, two wars, the recession, and $700 billion to extend benefits, tax ben- concern for many of my constituents, mounting job losses that pushed our efits, for the richest 1 percent of the is by developing clean-energy tech- economy to the brink. country. nologies and products made in Amer- Since then, we have made steady Before we go too far in feeling sorry ica. progress by preventing economic catas- for that 1 percent, consider this: Hawaii, the most oil-dependent State trophe and laying the groundwork to From 2001 to 2006, 53 percent of all in the country for our energy needs, is create new jobs. The Democratic gains, total gains, in income in this a prime locale for energy initiatives. ‘‘Make It in America’’ agenda has country went to that 1 percent. That is Thanks to our $117 million loan guar- closed tax loopholes that allow for out- right, one out of every two dollars antee from the Department of Energy, sourcing of jobs overseas. And the re- went to the richest 1 percent. That is a Hawaii company called First Wind is cently passed Small Business Jobs Act where the economy has gone. constructing a wind energy facility in provides $12 billion in tax cuts and $30 The growth in this country has bene- Kahuku on Oahu’s north shore. This billion in new lending for American fited primarily the richest people in will be the largest wind power facility small businesses. But with the unem- the country, and we now have the on the island of Oahu. ployment at 9.6 percent across the Na- greatest disparity in wealth that we The clean energy generated by this tion, and over 14 percent in California’s have seen in this country in almost 100 30-megawatt facility will help Hawaii Inland Empire, we must do more. years. become more energy independent by I urge my Republican colleagues to Heed the words of the Roman priest powering up to 7,700 homes each year. come to the table and work with Demo- Plutarch, who once wrote: An imbal- In addition to creating about 200 con- crats and the administration. The time ance between rich and poor is the old- struction jobs, the project also relies for simply saying ‘‘no’’ is over. We est and most fatal ailment of all repub- on American innovation and know-how must pass new tax cuts for the Amer- lics. by using wind turbines and batteries ican middle class families without the Let’s keep that in mind when we con- made by American manufacturers in deficit-busting break for the wealthy. sider what to do with those tax cuts for Iowa and Texas. f I urge my colleagues to support legis- the richest 1 percent of Americans. lation that will help innovative, home- NATIONWIDE REVOLT OVER BODY f grown companies develop clean, renew- SCANNERS able energy technology and strengthen (Mr. DUNCAN asked and was given CHARTING A NEW COURSE our competitiveness in domestic and permission to address the House for 1 (Mr. WITTMAN asked and was given overseas markets. minute and to revise and extend his re- permission to address the House for 1 f marks.) minute and to revise and extend his re- Mr. DUNCAN. Mr. Speaker, a Nation- marks.) b 1010 wide revolt is developing over the body Mr. WITTMAN. Mr. Speaker, the ARMY SPECIALIST BLAKE D. scanners at the airports, and it should. great patriots living in the original 13 WHIPPLE Hundreds of thousands of frequent fli- colonies in the early years of this Na- (Mr. LEE of New York asked and was ers who fly each week are upset about tion relied on hard work, enduring spir- given permission to address the House getting these frequent doses of radi- it, and innovative thinking to create for 1 minute.) ation. Parents are upset about being America. Mr. LEE of New York. I rise today to forced to have their children radiated We are in the final weeks of the 111th honor a great man, Army Specialist or being touched inappropriately by an Congress, and during this session, Blake D. Whipple of Williamsville, New unrelated adult. much of the legislation passed chal- York. Just 21 years old, Blake’s life There is already plenty of security at lenged the fundamental characteristics was taken by a roadside bomb in Af- the airport, but now we are going to of what makes our Nation great: self- ghanistan on November 5. It was his spend up to $300 million to install 1,000 reliance, responsibility, taking risks, job to clear the roads of these devices, scanners. This is much more about and making tough decisions. and he did so proudly. money than it is about security. Instead, we have seen more man- Blake was a 2007 graduate of The former Secretary of Homeland dates, burdensome regulations, and Williamsville East High School, and Security, Michael Chertoff, represents overbearing debt and deficits—hardly signed up to serve his country in 2009. Rapiscan, the company which is selling what those founding patriots intended. Blake’s parents, Dave and Kim, ex- these scanners to his former Depart- After a few months back in Amer- pressed concern about him joining the ment. Far too many Federal contracts ica’s First District, the message from Army, as any parent would, but Blake’s are sweetheart, insider deals. Compa- Virginians is simple: Stop the spend- parents sensed his passion and drive for nies hire former high-ranking Federal ing. Keep freedom intact. wanting to be a part of something big- officials, and then, magically, those Congress has two choices: Continue ger. Blake was eager to serve his coun- companies get hugely profitable Fed- on the same path or chart a new, re- try and was proud of the work he was eral contracts. sponsible path. doing, and I know his family was ex- The American people should not have Mr. Speaker, Congress has the re- tremely proud of him. to choose between having full-body ra- sponsibility to work together to chart Blake was fortunate to be home in diation or a very embarrassing, intru- a new course and allow this Nation to western New York for 2 weeks this past sive pat-down every time they fly as if prosper for years to come.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17768 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 MAKE IT IN AMERICA and she was also an All-American la- For example, Voices for Adoption (Mr. WALZ asked and was given per- crosse player. sponsors a program called Adoptive mission to address the House for 1 I congratulate Morett and her team Family Portrait Project. Through this minute and to revise and extend his re- for their accomplishments. project, Members of Congress celebrate marks.) f a family from their district that exem- plifies the values of adoption. Mr. WALZ. Mr. Speaker, the same ALLOW BUSH TAX CUTS TO This year, I am pleased to recognize challenges that faced this Nation on EXPIRE November 1 still faced us when we the Campbell family from Waldwick, (Mr. MORAN of Virginia asked and woke up on November 3. We still have New Jersey. Shea and George have wel- was given permission to address the too many Americans without jobs, and comed over 121 children into their House for 1 minute and to revise and we still have work to do to grow our home over the last 30 years. In addi- extend his remarks.) economy and put our country back on tion, they have adopted several chil- Mr. MORAN of Virginia. Mr. Speak- a path of prosperity. dren. Shea also works for Children’s er, I would like to take a minute to put We need initiatives that make Amer- Aid and Family Services as a specialist the Republican Party’s current plat- ica more competitive. We need to tap in helping special needs children who form into some historical perspective. into the can-do spirit that made this have been exposed to drugs. In the It was 30 years ago that Ronald country so great. Folks in my district past, she has served on the Child Place- Reagan was elected on the same plat- in southern Minnesota know that a ment Review Board. form that the government really can’t new clean energy economy means jobs The Campbells remain in contact be the solution to any of our problems, and securities right here at home. with many of the children who have that it is the problem. He also sug- I hope my friends across the aisle come into their home as foster chil- gested that any President who sub- now understand that Americans expect dren. They also mentor new foster par- mitted a budget that was not balanced them to actually do something. They ents and advise those who are consid- should be impeached. Well, for 8 years expect them to grow our economy, cre- ering becoming foster parents for the he never submitted a balanced budget ate jobs here at home and not ship first time. and tripled our deficit. them overseas, and hold Wall Street During this month, I am proud to George H. W. Bush tried to correct accountable. highlight the numerous ways the the situation so the Gingrich Repub- Catchy campaign slogans might be Campbells have contributed to pro- licans contributed to his defeat. great to win elections, but they won’t moting adoption in northern New Jer- Bill Clinton came in, balanced the fix a single problem. They won’t create sey. Adoption changes far more than budget, allowed tax rates to go up to more jobs. They won’t put America one life; it changes a community. the level they are set to return to fi- back to work. Now the hard work real- nally in January, saw 23 million new f ly begins, and we must be up to the jobs created, while he invested in our ACHIEVING THE AMERICAN task. fiscal and human infrastructure. He DREAM Winston Churchill once said: Democ- had three successive budget surpluses racy is the worst form of government, (Ms. CHU asked and was given per- and left with a $5.6 trillion projected except for every other one that has mission to address the House for 1 surplus. been tried. minute.) George Bush comes in running Democracy is hard work. It needs to Ms. CHU. Our country is one of op- against the government, enacts two start right here, and we need to put portunity, where everyone can follow deep tax cuts, starts two wars, puts in America back on a path to prosperity. their dreams, but we need to ensure a $900 billion Medicare part D prescrip- f that America’s young people get the tion drug program, and leaves us with training they need to succeed. But we COACH CHARLENE MORETT the worst fiscal crisis that this country have fallen behind. (Mr. THOMPSON of Pennsylvania has faced since the Great Depression. Today, only 15 percent of American asked and was given permission to ad- So there is the historical perspective. students learn a second language, and dress the House for 1 minute and to re- The fact is those two tax cuts never it hinders us in today’s global econ- vise and extend his remarks.) should have been enacted in 2001 and omy. That is why I have introduced the Mr. THOMPSON of Pennsylvania. 2003. They should be allowed to expire, Global Language Early Education Act. Mr. Speaker, today I rise to give credit and we ought to reinvest in the human My bill funds early education dual lan- to a coach who has just reached the and the fiscal infrastructure of this guage programs across the country, milestone of a 400th career win. country if we want to create more and and it provides the skills demanded in It was almost 2 months ago when the better jobs in this country. board rooms throughout the world. Penn State field hockey team shut out f We know that dual language learners Temple University 4–0. They were b 1020 better manage complex situations and coached by Charlene Morett, the long- problems. That is why the bill also est tenured coach in the Big Ten and NATIONAL ADOPTION MONTH AND grooms our next generation of execu- the seventh-longest tenured coach at a NATIONAL ADOPTION DAY tives for success. single school in Division I field hockey. (Mr. GARRETT of New Jersey asked Let’s be competitive in this world. She is in her 24th season as head coach and was given permission to address Let’s encourage a second language. of the Penn State field hockey pro- the House for 1 minute.) Let’s promote our workforce and make gram. This makes her only the fourth Mr. GARRETT of New Jersey. Mr. sure that everybody can achieve the Division I field hockey coach in NCAA Speaker, every year an average of American Dream. history to hit the 400-victory plateau. 115,000 American children live in foster f In 2008, Morett led her team to the care just waiting to be adopted. So, Big Ten regular season title and was today, I am pleased to honor November JIM WINNER named Big Ten Coach of the Year for as National Adoption Month and No- (Mrs. DAHLKEMPER asked and was the fourth time. Five of her players vember 20th as National Adoption Day. given permission to address the House have been named Big Ten Athlete of In particular, I would like to recog- for 1 minute.) the Year. nize Voices for Adoption for its efforts Mrs. DAHLKEMPER. Mr. Speaker, I Morett is a graduate of Penn State to support adoption. Since 1996, this or- rise today with a heavy heart to honor and an outstanding field hockey player ganization has not only helped recruit the life of an entrepreneur, generous in her own right. She is a two-time adoptive families, but also supported philanthropist, and loving husband, fa- Olympian, winning a bronze medal in programs that assist families who have ther, and grandfather from Sharon, the 1984 Los Angeles Olympic Games, already adopted. Pennsylvania.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17769 Jim Winner, the developer of The ican politics in the millions, multiples PROVIDING FOR THE PRINTING OF Club anti-theft device, was lost in an of millions; money that comes in offer- A REVISED EDITION OF THE accident in September. He was a pa- ing to fund campaigns that smear, dis- RULES AND MANUAL OF THE triot, serving his country in Korea. He tort, and deliver untruths to voters; HOUSE OF REPRESENTATIVES was an inventor who grew his ideas and money that was made much easier FOR THE 112TH CONGRESS into successful businesses that created to come into our political environment Mr. ELLISON. Mr. Speaker, I send to good jobs for his neighbors in the through the Supreme Court case the desk a resolution and ask unani- Shenango Valley. He was a philan- known as Citizens United v. FEC. mous consent for its immediate consid- thropist who gave much of his wealth We need to take action to make sure eration in the House. back to his community. And he raised that Americans know who is funding The Clerk read the title of the resolu- a beautiful family who share his values these messages that are coming across tion. of hard work, patriotism, commitment their airwaves and that the identity of The SPEAKER pro tempore. Is there to community, and compassion for these sponsors is disclosed so that peo- objection to the request of the gen- those less fortunate. ple can make a good choice. Never let tleman from Minnesota? Jim was a Renaissance man, and his the day come that any public servant There was no objection. dedication to charity reached so many has to face a torrent of nasty, nasty The text of the resolution is as fol- in the Mercer community region. commercials over the airwaves without lows: Jim will be missed by all, and my the voters even knowing who paid for H. RES. 1720 heart goes out to Donna, his wife; to them, who sponsored them, and who Resolved, That a revised edition of the his family, his friends, and the commu- wants them to believe the untruths put Rules and Manual of the House of Represent- nity that continues to mourn his loss. in many of these ads. atives for the One Hundred Twelfth Congress f be printed as a House document, and that SUPPORTING LEBANON AS A f three thousand additional copies shall be printed and bound for the use of the House of FORCE FOR PEACE Representatives, of which nine hundred sixty (Mr. MURPHY of Connecticut asked RELATING TO CONSIDERATION OF copies shall be bound in leather with thumb and was given permission to address VETO MESSAGE ON H.R. 3808 index and delivered as may be directed by the Parliamentarian of the House. the House for 1 minute.) Mr. ELLISON. Mr. Speaker, I ask Mr. MURPHY of Connecticut. Mr. unanimous consent that debate on The resolution was agreed to. Speaker, I rise today to direct the at- passing H.R. 3808, the objections of the A motion to reconsider was laid on tention of my colleagues to the fragile President to the contrary notwith- the table. but critical status of the country of standing, be limited to 10 minutes f Lebanon. equally divided and controlled by the RECESS Mr. Speaker, we are perhaps days chair and ranking minority member of The SPEAKER pro tempore. Pursu- away from an international tribunal’s the Committee on the Judiciary. verdict on who killed former prime ant to clause 12(a) of rule I, the Chair The SPEAKER pro tempore. Is there minister of Lebanon Rafik Hariri. That declares the House in recess subject to objection to the request of the gen- verdict, many say, could plunge Leb- the call of the Chair. tleman from Minnesota? anon into another round of violence Accordingly (at 10 o’clock and 28 and retribution. There was no objection. minutes a.m.), the House stood in re- Thankfully, this body, through the cess subject to the call of the Chair. leadership of people like HOWARD BER- f f MAN and NITA LOWEY, has removed its b 1631 reservations on U.S. military aid to the APPOINTING DAY FOR THE CON- Lebanese army. This is a crucial step VENING OF THE FIRST SESSION AFTER RECESS in terms of securing the Lebanese bor- OF THE 112TH CONGRESS The recess having expired, the House der with Israel, and it could be a cru- was called to order by the Speaker pro Mr. ELLISON. Mr. Speaker, I ask cial step should the tribunal’s decision tempore (Mr. BLUMENAUER) at 4 o’clock unanimous consent to take from the on who killed Prime Minister Hariri and 31 minutes p.m. Speaker’s table the joint resolution lead to greater instability in that (S.J. Res. 40) appointing the day for the f country. convening of the first session of the VETO MESSAGE ON H.R. 3808, Mr. Speaker, we must support Leb- One Hundred Twelfth Congress, and INTERSTATE RECOGNITION OF anon as a force for peace and pros- ask for its immediate consideration in NOTARIZATIONS ACT OF 2010 perity in this critical region. We need the House. Lebanon as an ally to America and to The SPEAKER pro tempore. Pursu- all the countries in that region who are The Clerk read the title of the joint ant to the order of the House of No- pushing for peace. resolution. vember 15, 2010, the unfinished business I have thousands of Lebanese Amer- The SPEAKER pro tempore. Is there is the further consideration of the veto ican constituents in Connecticut. They objection to the request of the gen- message of the President on the bill constantly remind me of the impor- tleman from Minnesota? (H.R. 3808) to require any Federal or tance of these points, and I believe There was no objection. State court to recognize any notariza- tion made by a notary public licensed they are right. The text of the joint resolution is as by a State other than the State where f follows: the court is located when such notari- CALLING ATTENTION TO DIRTY S.J. RES. 40 zation occurs in or affects interstate POLITICAL MONEY Resolved by the Senate and House of Rep- commerce. (Mr. ELLISON asked and was given resentatives of the United States of America in The Clerk read the title of the bill. permission to address the House for 1 Congress assembled, That the first regular ses- The SPEAKER pro tempore. The minute and to revise and extend his re- sion of the One Hundred Twelfth Congress question is, Will the House, on recon- marks.) shall begin at noon on Wednesday, January sideration, pass the bill, the objections Mr. ELLISON. Mr. Speaker, today I 5, 2011. of the President to the contrary not- rise to call attention to the corrosive, The joint resolution was ordered to withstanding? pernicious, and corrupting effect of be read a third time, was read the third (For veto message, see proceedings of dirty money. What is dirty money? time, and passed, and a motion to re- the House of November 15, 2010, at page That is money that comes into Amer- consider was laid on the table. 17521.)
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17770 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 The SPEAKER pro tempore. Pursu- rejected otherwise lawfully notarized second State refuses to recognize the ant to the order of the House of today, documents, for petty reasons, from notarized contract. the gentleman from Michigan (Mr. other States. For example, State A re- b 1640 CONYERS) and the gentleman from quires a notarized document to bear an This is not an isolated problem. This Texas (Mr. SMITH) each will control 5 ink stamp while State B requires a minutes. raised, embossed seal. They should be is interfering with interstate com- The Chair recognizes the gentleman mutually recognized. merce, and it should be addressed. H.R. 3808, this legislation, expressly from Michigan. The legislative history of the bill and requires lawful notarizations be recog- Mr. CONYERS. I yield myself such the text, itself, has nothing to do with nized in other States and in no way time as I may consume. fraudulent notarizations. We should validates improper notarizations. Let Mr. Speaker and my colleagues, I will override the veto and support the le- me stress that again. It in no way vali- urge the House to vote ‘‘no’’ so as to gitimate purpose of H.R. 3808. dates improper notarizations. Fraudu- sustain the President’s veto, and I Mr. Speaker, I reserve the balance of lent notarizations are illegal. Enforce- would like to explain why it is impor- my time. ment of notarizations is a State re- tant that we are taking this vote. Mr. CONYERS. Mr. Speaker, I would sponsibility, and I fully support each This bill has passed the House under like to just respond to my dear friend, State Attorney General to vigorously suspension in each of the last three the ranking member of the Judiciary prosecute all fraudulent notarizations. Congresses. It has been brought for- Committee, by saying that what we are Currently, each State is responsible ward by our colleague from Alabama trying to do here is to prevent the pos- for regulating its notaries. Typically, (Mr. ADERHOLT) each time. It requires sibility of sloppy, inaccurate, or fraud- someone who wishes to become a no- courts to recognize duly performed out- ulent notarizations from creeping into tary pays a fee. They will submit an of-State notarizations. As it was pass- the foreclosure process. application. They will take an oath of ing the Senate, reports began to sur- As we all know, many of the fore- office. Some States require applicants face regarding improper and possibly closures have now been found to be le- to enroll in an educational course, pass fraudulent documentation in fore- gally defective because of many things, an exam, or obtain a notary bond. This closure actions across the country. including, possibly, improper legislation does not change how an in- Improperly performed notarizations notarizations. With millions of people dividual State regulates notaries in were reportedly a major factor in cir- losing their homes, it really would be any form or fashion. cumventing the legal protections af- almost negligent for us to assume that This bill had strong bipartisan sup- forded to citizens in foreclosure— notarizations coming from another port in the House of Representatives notarizations in the absence of the per- State, which might be electronic, each of the three times it passed the son signing the document or without would not be fraudulent. I think cau- House of Representatives, and most re- that person’s signature or sometimes tion is the better choice for the matter cently, with unanimous support, as re- even forged notary signatures. that is under discussion. cently as April of this year. I hope the So we are taking a fresh look at the I reserve the balance of my time. White House will work with the Con- notarization bill. There were concerns Mr. SMITH of Texas. Mr. Speaker, I gress so this legislation can eventually that it could have the unintended ef- yield the balance of my time to the become law. fect of facilitating improprieties in gentleman from Alabama (Mr. ADER- Mr. CONYERS. Mr. Speaker, I would mortgage foreclosures and in other fi- HOLT), who is the sponsor of this legis- like to close by expressing my surprise nancial transactions as well in that a lation. at the author of this bill, who appar- State could remove important protec- Mr. ADERHOLT. I want to thank the ently hasn’t heard about the fraud and tions from its notarization rules, and gentleman for the opportunity to ad- misrepresentations, the swindling of then the bill would effectively force dress the House on this important mat- people whose mortgages have led to other States to go along. ter. foreclosure, and then we find out that The President took the responsible Mr. Speaker, today and over the last the instruments that were brought into course in refusing to sign this bill several weeks, I think there has been a court didn’t even know who the owner to law so that we could give it a care- broad misunderstanding of the Inter- was, much less know who notarized it. ful and fresh examination in light of state Recognition of Notarizations Act, So I would caution my colleague to these concerns. which led to the President’s unfortu- let’s be a little bit more careful here. A Mr. Speaker, I reserve the balance of nate veto of this legislation a few million people are losing their homes, my time. weeks ago. There is absolutely no con- and you’re telling me that we’re going Mr. SMITH of Texas. I yield myself nection whatsoever between the Inter- to accept a notarization from any- such time as I may consume. state Recognition of Notarizations Act where, coming from any State, because Mr. Speaker, criticism of H.R. 3808 of 2010 and the recent foreclosure docu- you’ve introduced this before this prob- focuses on its potential application to mentation problems. lem began? the ongoing crisis in the foreclosure I first introduced this legislation I say, ‘‘no.’’ We can’t even find out markets. News accounts have detailed back in April of 2005, and obviously who the owners were after these instru- stories of fraudulent activity involving there was no concern about weakening ments get chopped up and resold and affidavits used to rid banks of bad the foreclosure documentation process moved in the financial scheme of mortgage inventories. I support any ef- at that time. This is a bill that would things. We don’t want anybody running fort to combat that activity, but this help people, and I am disappointed that the risk of accepting an out-of-State situation does not involve H.R. 3808. the legislation has been vetoed. This notarization because you’ve introduced The bill applies only to ‘‘any lawful legislation that I introduced would im- the bill before this problem began. And notarization made by a licensed notary prove interstate commerce by requir- now that it has begun, let’s be careful. public.’’ There is nothing in its lan- ing that documents be recognized in Let’s be certain that we’re protecting guage that pertains to fraudulent acts any State or Federal court. It would everybody that’s being foreclosed on, of notarization. The bill advances the help court reporters; it would help at- and that’s my major concern. legitimate purposes of the Interstate torneys, businessowners, and con- The SPEAKER pro tempore. All time Commerce Clause by ensuring that a sumers in general. for debate has expired. lawfully notarized document from one I have heard from many individuals The question is, Will the House, on State will be acknowledged by another who have been affected by this par- reconsideration, pass the bill, the ob- State in an interstate legal proceeding. ticular issue. For example, a construc- jections of the President to the con- The Courts Subcommittee conducted tion company located in one State sub- trary notwithstanding? a hearing on this issue 4 years ago, and mits a contract for a job in another In accord with the Constitution, the it learned of instances in which States State and is turned down because the yeas and nays are ordered.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17771 Pursuant to clause 8 of rule XX, fur- Clarke Inslee Payne Graves (GA) Matheson Rooney ther proceedings will be postponed. Clay Israel Perlmutter Graves (MO) McCarthy (CA) Ros-Lehtinen Cleaver Jackson (IL) Perriello Griffith McCaul Roskam f Clyburn Jackson Lee Peterson Guthrie McClintock Ross Cohen (TX) Polis (CO) Hall (TX) McCotter Royce PROVIDING FOR AN ADJOURN- Conyers Johnson (GA) Pomeroy Harper McHenry Ryan (WI) Hastings (WA) McKeon MENT OR RECESS OF THE TWO Cooper Johnson, E. B. Price (NC) Scalise Costa Jones Quigley Heller McMorris Schmidt Hensarling Rodgers HOUSES Costello Kagen Rahall Schock Herger Mica Courtney Kanjorski Rangel Sensenbrenner Mr. CONYERS. Mr. Speaker, I send Critz Kaptur Richardson Hoekstra Michaud Sessions to the desk a privileged concurrent res- Crowley Kennedy Rodriguez Hunter Miller (FL) Sestak Cuellar Kildee Rothman (NJ) Inglis Miller (MI) olution and ask for its immediate con- Shadegg Cummings Kilpatrick (MI) Roybal-Allard Issa Miller, Gary sideration. Shimkus Dahlkemper Kilroy Ruppersberger Jenkins Moran (KS) The Clerk read the concurrent reso- Davis (AL) Kind Rush Johnson (IL) Murphy (NY) Shuster lution, as follows: Davis (CA) Kirkpatrick (AZ) Ryan (OH) Johnson, Sam Murphy, Tim Simpson Jordan (OH) Myrick Smith (NE) H. CON. RES. 332 Davis (IL) Kissell Salazar Davis (TN) Kucinich Sa´ nchez, Linda King (IA) Neugebauer Smith (NJ) Resolved by the House of Representatives (the DeFazio Langevin T. King (NY) Nunes Smith (TX) Senate concurring), That when the House ad- DeGette Larsen (WA) Sanchez, Loretta Kingston Nye Stearns journs on the legislative day of Thursday, Delahunt Lee (CA) Sarbanes Kline (MN) Owens Stutzman November 18, 2010, or Friday, November 19, DeLauro Levin Schakowsky Kosmas Paulsen Sullivan Deutch Lewis (GA) Schauer Kratovil Pence Taylor 2010, on a motion offered pursuant to this Lamborn Peters concurrent resolution by its Majority Leader Dicks Lipinski Schiff Thompson (PA) Dingell Loebsack Schrader Lance Petri Thornberry or his designee, it stand adjourned until 2 Latham Djou Lofgren, Zoe Schwartz Pitts Tiahrt p.m. on Monday, November 29, 2010, or until LaTourette Platts Doggett Lowey Scott (GA) Tiberi Latta Poe (TX) the time of any reassembly pursuant to sec- Doyle Luja´ n Scott (VA) Turner Lee (NY) Posey tion 2 of this concurrent resolution, which- Driehaus Lynch Serrano Upton ever occurs first; and that when the Senate Edwards (MD) Maffei Shea-Porter Lewis (CA) Price (GA) Linder Putnam Walden recesses or adjourns on any day from Thurs- Edwards (TX) Maloney Sherman Wamp Ehlers Manzullo Shuler LoBiondo Rehberg day, November 18, 2010, through Sunday, No- Westmoreland Ellison Marchant Sires Lucas Reichert vember 21, 2010, on a motion offered pursuant Whitfield Engel Markey (CO) Skelton Luetkemeyer Roe (TN) Wilson (SC) to this concurrent resolution by its Majority Eshoo Markey (MA) Slaughter Lummis Rogers (AL) Leader or his designee, it stand recessed or Etheridge Marshall Smith (WA) Lungren, Daniel Rogers (KY) Wittman adjourned until noon on Monday, November Farr Matsui Snyder E. Rogers (MI) Wolf 29, 2010, or such other time on that day as Fattah McCarthy (NY) Space Mack Rohrabacher Young (FL) may be specified in the motion to recess or Filner McCollum Speier NOT VOTING—15 Foster McDermott Spratt adjourn, or until the time of any reassembly Boozman Halvorson Pingree (ME) pursuant to section 2 of this concurrent reso- Frank (MA) McGovern Stark Fudge McIntyre Stupak Braley (IA) Kirk Radanovich lution, whichever occurs first. Garamendi McMahon Sutton Fallin Klein (FL) Reyes SEC. 2. The Speaker of the House and the Gohmert McNerney Teague Gallegly Larson (CT) Tanner Majority Leader of the Senate, or their re- Gonzalez Meeks (NY) Terry Gordon (TN) Meek (FL) Waxman spective designees, acting jointly after con- Goodlatte Melancon Thompson (CA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE sultation with the Minority Leader of the Grayson Miller (NC) Thompson (MS) House and the Minority Leader of the Sen- Green, Al Miller, George Tierney The SPEAKER pro tempore (during ate, shall notify the Members of the House Green, Gene Minnick Titus the vote). There are 2 minutes remain- Grijalva Mitchell Tonko ing in this vote. and the Senate, respectively, to reassemble Gutierrez Mollohan Towns at such place and time as they may des- Hall (NY) Moore (KS) Tsongas ignate if, in their opinion, the public interest Hare Moore (WI) Van Hollen b 1715 shall warrant it. Harman Moran (VA) Vela´ zquez Messrs. GERLACH, BURTON of Indi- Hastings (FL) Murphy (CT) Visclosky The SPEAKER pro tempore. The Heinrich Murphy, Patrick Walz ana, ALTMIRE, Ms. GIFFORDS, and question is on the concurrent resolu- Herseth Sandlin Nadler (NY) Wasserman Mr. BISHOP of New York changed tion. Higgins Napolitano Schultz their vote from ‘‘yea’’ to ‘‘nay.’’ The question was taken; and the Hill Neal (MA) Waters Messrs. HASTINGS of Florida, INS- Himes Oberstar Watson Speaker pro tempore announced that Hinchey Obey Watt LEE, and Ms. KILPATRICK of Michi- the ayes appeared to have it. Hinojosa Olson Weiner gan changed their vote from ‘‘nay’’ to Mr. ADERHOLT. Mr. Speaker, on Hirono Olver Welch ‘‘yea.’’ Hodes Ortiz Wilson (OH) that I demand the yeas and nays. Holden Pallone Woolsey So the concurrent resolution was The yeas and nays were ordered. Holt Pascrell Wu agreed to. The SPEAKER pro tempore. Pursu- Honda Pastor (AZ) Yarmuth The result of the vote was announced ant to clause 8 of rule XX, this 15- Hoyer Paul Young (AK) as above recorded. minute vote on House Concurrent Res- NAYS—184 A motion to reconsider was laid on olution 332 will be followed by 5-minute the table. Aderholt Bright Connolly (VA) votes on passing H.R. 3808, the objec- Adler (NJ) Broun (GA) Crenshaw f tions of the President to the contrary Akin Brown (SC) Culberson notwithstanding, and motions to sus- Alexander Brown-Waite, Davis (KY) VETO MESSAGE ON H.R. 3808, Altmire Ginny Dent pend the rules with regard to H.R. 5758 Austria Buchanan Diaz-Balart, L. INTERSTATE RECOGNITION OF and House Resolution 1715. Bachmann Burgess Diaz-Balart, M. NOTARIZATIONS ACT OF 2010 The vote was taken by electronic de- Bachus Burton (IN) Donnelly (IN) The SPEAKER pro tempore. Pursu- vice, and there were—yeas 234, nays Barrett (SC) Buyer Dreier Bartlett Calvert Duncan ant to clause 8 of rule XX, the unfin- 184, not voting 15, as follows: Barton (TX) Camp Ellsworth ished business is the question whether [Roll No. 572] Biggert Campbell Emerson the House, on reconsideration, will Bilbray Cantor Flake YEAS—234 Bilirakis Cao Fleming pass H.R. 3808, the objections of the Ackerman Berman Butterfield Bishop (NY) Capito Forbes President to the contrary notwith- Andrews Berry Capps Bishop (UT) Carter Fortenberry standing. Arcuri Bishop (GA) Capuano Blackburn Cassidy Foxx Baca Blumenauer Cardoza Blunt Castle Franks (AZ) In accord with the Constitution, the Baird Boccieri Carnahan Boehner Chaffetz Frelinghuysen yeas and nays are ordered. Baldwin Boswell Carney Bonner Childers Garrett (NJ) This is a 5-minute vote. Barrow Boucher Carson (IN) Bono Mack Coble Gerlach The vote was taken by electronic de- Bean Boyd Castor (FL) Boren Coffman (CO) Giffords Becerra Brady (PA) Chandler Boustany Cole Gingrey (GA) vice, and there were—yeas 185, nays Berkley Brown, Corrine Chu Brady (TX) Conaway Granger 235, not voting 13, as follows:
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17772 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 [Roll No. 573] Grijalva Maffei Ruppersberger MOMENT OF SILENCE IN MEMORY Gutierrez Maloney Rush OF FORMER MEMBER OWEN YEAS—185 Hall (NY) Markey (CO) Ryan (OH) Hare PICKETT Aderholt Foxx Murphy, Tim Markey (MA) Salazar Harman Matheson Akin Franks (AZ) Myrick Sa´ nchez, Linda (Mr. NYE asked and was given per- Hastings (FL) Matsui Alexander Frelinghuysen Neugebauer T. Heinrich McCarthy (NY) mission to address the House for 1 Austria Garrett (NJ) Nunes Sanchez, Loretta Heller McCollum Bachmann Gerlach Olson Sarbanes minute.) Herseth Sandlin McDermott Bachus Gingrey (GA) Owens Schakowsky Mr. NYE. Mr. Speaker, I rise to Higgins McGovern Barrett (SC) Gohmert Paulsen Schauer honor a former colleague today, the Bartlett Goodlatte Hill McIntyre Schiff Pence Himes McNerney late Congressman Owen Pickett, who Barton (TX) Granger Schrader Peterson Hinchey Meeks (NY) Bean Graves (GA) Schwartz passed away on October 27 of this year. Petri Hinojosa Melancon Biggert Graves (MO) Scott (GA) Congressman Pickett dedicated his life Pitts Hirono Michaud Bilbray Griffith Platts Scott (VA) to service to our military, to our vet- Bilirakis Guthrie Hodes Miller (NC) Poe (TX) Holden Miller, George Serrano erans, and to his constituents. Bishop (UT) Hall (TX) Posey Sestak Blackburn Harper Holt Mitchell Mr. Speaker, Congressman Pickett Price (GA) Honda Mollohan Shea-Porter Blunt Hastings (WA) Putnam Sherman served in Congress representing the Boehner Hensarling Hoyer Moore (KS) Rehberg Inslee Moore (WI) Sires Second District of Virginia for 14 Bonner Herger Reichert Skelton Bono Mack Hoekstra Israel Moran (VA) years, from 1987 to 2001, prior to that Roe (TN) Slaughter Boren Hunter Jackson (IL) Murphy (CT) serving in the Virginia House of Dele- Rogers (AL) Smith (WA) Boustany Inglis Jackson Lee Murphy, Patrick Rogers (KY) Snyder gates. He passed away on October 27 of Brady (TX) Issa (TX) Nadler (NY) Rohrabacher Speier Braley (IA) Jenkins Johnson (GA) Napolitano this year at the age of 80. Rooney Bright Johnson (IL) Johnson, E. B. Neal (MA) Spratt Owen Pickett will be remembered as Ros-Lehtinen Broun (GA) Johnson, Sam Jones Nye Stark Roskam a man of resolve who understood that Brown (SC) Jordan (OH) Kagen Oberstar Stupak Royce the best way to get things done was to Brown-Waite, King (IA) Kanjorski Obey Sutton Ryan (WI) Ginny King (NY) Kaptur Olver Teague work with people from both sides of the Scalise Buchanan Kingston Kennedy Ortiz Thompson (CA) aisle. Congressman Pickett always put Schmidt Burgess Kline (MN) Kildee Pallone Thompson (MS) Schock his constituents first. He stayed out of Burton (IN) Lamborn Kilpatrick (MI) Pascrell Tierney Sensenbrenner the partisan bickering that so many Buyer Lance Kilroy Pastor (AZ) Titus Calvert Latham Sessions Kind Paul Tonko politicians fall prey to and instead fo- Shadegg Kirkpatrick (AZ) Payne Camp LaTourette Towns cused his energy on how best to serve Shimkus Kissell Perlmutter Campbell Latta Tsongas Shuler Kosmas Perriello the people he represented. Cantor Lee (NY) Van Hollen Shuster Kratovil Peters A member of the Armed Services Cao Lewis (CA) Vela´ zquez Simpson Kucinich Polis (CO) Capito Linder Visclosky Committee during his entire tenure, he Carnahan LoBiondo Smith (NE) Langevin Pomeroy distinguished himself as an outspoken Smith (NJ) Larsen (WA) Price (NC) Walz Carter Lucas Wasserman advocate for a strong, advanced, and Cassidy Luetkemeyer Smith (TX) Larson (CT) Quigley Space Lee (CA) Rahall Schultz superior military, an improved quality Castle Lummis Waters Chaffetz Lungren, Daniel Stearns Levin Rangel of life for our military personnel and Stutzman Lewis (GA) Reyes Watson Coble E. Watt their families, and enduring support of Coffman (CO) Mack Sullivan Lipinski Richardson Weiner Cole Manzullo Taylor Loebsack Rodriguez military facilities for the Greater Welch Conaway Marchant Terry Lofgren, Zoe Rogers (MI) Hampton Roads region. Wilson (OH) Crenshaw McCarthy (CA) Thompson (PA) Lowey Ross Luja´ n Rothman (NJ) Woolsey Congressman Pickett was a friend of Culberson McCaul Thornberry mine, a mentor, and a champion for Davis (KY) McClintock Tiahrt Lynch Roybal-Allard Yarmuth Dent McCotter Tiberi our warfighters, and there are some NOT VOTING—13 Diaz-Balart, L. McHenry Turner here today who had the honor of serv- Diaz-Balart, M. McKeon Upton Boozman Kirk Radanovich ing in this body with him. Donnelly (IN) McMahon Walden Fallin Klein (FL) Tanner At this time I would like to yield to Dreier McMorris Wamp Gallegly Marshall Waxman Duncan Rodgers Westmoreland Gordon (TN) Meek (FL) my colleague from Virginia. Ehlers Mica Whitfield Halvorson Pingree (ME) Mr. WOLF. I thank the gentleman for Ellison Miller (FL) Wilson (SC) yielding. Emerson Miller (MI) Wittman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Flake Miller, Gary Wolf Mr. Speaker, we are saddened about Fleming Minnick Wu The SPEAKER pro tempore (during the passing of our former colleague, Forbes Moran (KS) Young (AK) the vote). Two minutes remain in this Representative Owen Pickett, who Fortenberry Murphy (NY) Young (FL) vote. served the Second Congressional Dis- NAYS—235 trict of Virginia from 1987 to 2001. Owen was a respected and principled Ackerman Carson (IN) Delahunt b 1724 Adler (NJ) Castor (FL) DeLauro leader. Sometimes we really never get Altmire Chandler Deutch Messrs. LARSON of Connecticut, to know each other in this institution, Andrews Childers Dicks PASTOR, WELCH, AL GREEN of and sometimes it is at the latest, some- Arcuri Chu Dingell Texas, SCHRADER, Ms. JACKSON times almost never. Baca Clarke Djou LEE of Texas and Ms. MARKEY of Col- Baird Clay Doggett Owen was a good man, a decent man, Baldwin Cleaver Doyle orado changed their vote from ‘‘yea’’ to very honest, very ethical, and very, Barrow Clyburn Driehaus ‘‘nay.’’ very committed to the military. He Becerra Cohen Edwards (MD) Berkley Connolly (VA) Edwards (TX) Messrs. DONNELLY of Indiana and was a tireless representative of the Berman Conyers Ellsworth HOEKSTRA changed their vote from best interests of the Norfolk and Vir- Berry Cooper Engel ‘‘nay’’ to ‘‘yea.’’ ginia Beach areas. Bishop (GA) Costa Eshoo We extend our deepest sympathies to Bishop (NY) Costello Etheridge So (two-thirds not being in the af- Blumenauer Courtney Farr firmative) the veto of the President his wife, Sybil, his three daughters, Boccieri Critz Fattah was sustained and the bill was rejected. and his family. I just want to say ‘‘Well Boswell Crowley Filner done, thou good and faithful servant.’’ Boucher Cuellar Foster The result of the vote was announced Boyd Cummings Frank (MA) as above recorded. [From the Virginian-Pilot, Oct. 29, 2010] Brady (PA) Dahlkemper Fudge The SPEAKER pro tempore. The veto OWEN PICKETT: A PRACTICAL MAN Brown, Corrine Davis (AL) Garamendi Tributes to Owen Pickett poured forth Butterfield Davis (CA) Giffords message and the bill are referred to the from members of both political parties after Capps Davis (IL) Gonzalez Committee on the Judiciary. Capuano Davis (TN) Grayson his death Wednesday at the age of 80. Cardoza DeFazio Green, Al The Clerk will notify the Senate of That was testament to the respect that Carney DeGette Green, Gene the action of the House. Pickett commanded from Republicans and
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17773 Democrats across Hampton Roads and Vir- ‘‘He took his job very seriously,’’ said in your windshield, you know it is time to ginia. For decades, he persuaded people of all Jeanne Evans-Cox, who worked for Pickett consider making a change,’’ he said, accord- persuasions to set aside their differences and throughout his congressional career. ‘‘I used ing to an account in The Virginian-Pilot. accomplish important tasks with courage to call him the ‘quiet warrior’ because he Stepping away from Washington didn’t en- and good humor. didn’t say an awful lot, but he took every- tirely keep Pickett out of politics. His ecumenical politics and practical bent thing in. He was a great listener. He would He mentored candidates who sought his attracted fans of every stripe and genera- size up the issue, figure out his strategy, guidance, including former state Finance tion. No name comes up as consistently in give me directions, and we’d move forward.’’ Secretary Jody Wagner, who unsuccessfully Editorial Board interviews when candidates Pickett, 80, died Wednesday due to com- sought to succeed him, and more recently, are asked which local leader they admire. plications from congestive heart failure. 2009 Democratic gubernatorial candidate ‘‘I am deeply saddened to learn of the pass- The Democrat leaves behind scores of ad- Terry McAuliffe. ing of my good friend Owen Pickett,’’ said mirers on both sides of the aisle after a Another post-retirement pastime was a Gov. Bob McDonnell. ‘‘Owen dedicated his lengthy career as a lawyer, an esteemed weekly Saturday lunch with friends at Black life to public service. He was a patriot. He state and federal legislator, and finally an Angus Restaurant in the Beach that featured served the commonwealth in the House of adviser who provided counsel to plenty of po- lively discussions about everything except Delegates and our nation in the House of litical hopefuls. politics, said eatery co-owner Michael Representatives. That was his passion: serv- A native of rural Hanover County in subur- Savvides. ice.’’ ban Richmond, Pickett was raised in humble When the group met a few weeks ago, A centrist Democrat and fiscal conserv- conditions. His father died when he was a Savvides said, Pickett confided that ‘‘he had ative, Pickett spent 14 years representing young child, leaving his mother and an older a wonderful life and he didn’t mind if he Virginia Beach in the House of Delegates. In brother to help support the family, according died, believe it or not. It’s ironic, but he did 1986, he won election to Congress as the rep- to friends. say that.... I guess he was ready. I guess resentative for Virginia’s 2nd District, suc- It was evident early on that Pickett had a he had enough.’’ ceeding the similarly moderate G. William keen intellect, but he never used it to avoid Mr. NYE. I yield to the gentleman Whitehurst, a Republican. hard work, recalled his lifelong friend from Virginia. In Washington, as in Richmond, Pickett George Campbell. Mr. SCOTT of Virginia. Mr. Speaker, burnished a reputation for being steady and The pair attended Virginia Tech together, the citizens of Hampton Roads and the unassuming, courtly and nonpartisan. Col- beginning in the late 1940s. Their paths sepa- leagues described him as an effective legis- Commonwealth of Virginia lost a dedi- rated when Pickett headed to law school at cated public servant. I had the honor lator who toiled behind the scenes as an ad- the University of Richmond, but the friend- vocate not just for military service members ship endured. Campbell, who still lives in and privilege of serving with Owen but for all of Hampton Roads. Hanover, routinely checked on a tract of both in the Virginia House of Delegates Proof isn’t limited to the 2nd District. The land Pickett owned in central Virginia. as well as Congress, and I join my col- U.S. Customhouse in downtown Norfolk, for Campbell said that when they last spoke league Mr. MORAN, in stating that example, wasn’t even part of Pickett’s terri- by phone about a week ago, Pickett realized Owen Pickett was a true statesman tory, but that didn’t stop him from securing the end was near and was at peace with it. and effective legislator who enjoyed the federal funds needed to renovate it. ‘‘We maintained a very close relationship, great respect on both sides of the aisle. Today, the building bears his name. and I’d say he’s the best friend I ever really After leaving Congress in 2001, Pickett de- As has already been pointed out, al- had,’’ Campbell said. though he retired almost a decade ago, voted himself to the community, spreading Many who knew Pickett had a similarly around some $200,000 in leftover campaign strong affection for him. he remained an important, active voice funds to local charities and causes. Ken Geroe, a Virginia Beach lawyer and on issues affecting Hampton Roads and In Virginia Beach, where he made his home longtime Pickett ally, called the late con- the Commonwealth of Virginia. I thank for more than half his life, Pickett helped gressman a ‘‘dear friend and a mentor,’’ add- my colleague from Virginia and all of found the Meals on Wheels program, the Vir- ing ‘‘there’s a hole in my life that won’t be my colleagues from Virginia for the ginia Beach Hospice and the Oceana Lions filled.’’ great respect and admiration that they Club. He was president of the Princess Anne Geroe said he came to Pickett’s attention Rotary and Ruritan clubs and in 2003 was have shown to Owen Pickett. through his work on Gerald Baliles’ success- Mr. NYE. I yield to our distinguished honored with the Virginia Beach Jaycees’ ful gubernatorial campaign in 1985, a contest First Citizen award. in which the former congressman had a lead- majority leader, the gentleman from But even outside elected office, Pickett re- ership role. Maryland (Mr. HOYER). tained influence. He spent his final years of- ‘‘He probably started talking to me be- Mr. HOYER. I thank the gentleman fering advice to any who sought it, whether cause I was the only person at his desk at for yielding. they were Democrats, such as U.S. Sen. Jim 6:30 in the morning he could talk to,’’ said I want to join particularly with my Webb and Rep. Glenn Nye, or Republicans, Geroe, a former Democratic chairman of the friend FRANK WOLF, who is my good including McDonnell and state Sen. Jeff 2nd Congressional District. friend. We work very closely together. McWaters. Pickett failed in a 1967 run for Beach com- ‘‘When I was trying to decide whether to Owen Pickett was the kind of Mem- monwealth’s attorney, but election success run for state Senate, I called Congressman ber that brought real respect to this in- didn’t elude him for long. He won a House of Pickett and he encouraged me to do so,’’ stitution. He worked on both sides of Delegates race in 1971 and served 15 years in McWaters said. ‘‘Though we sit on different the state legislature before his election to the aisle. He worked very strongly on sides of the political aisle, this never seemed Congress in 1986. behalf of our national security. He was to matter as much to him as getting the job A Blue Dog Democrat with a sharp focus a Member who was popular on both done.’’ on military issues because of the nature of sides of the aisle. Owen Pickett and For a practical man like Pickett, there his district, Pickett often partnered with may be no higher praise. Norm Sisisky served together on this other House members regardless of party to side of the aisle with FRANK and me for protect local interests, said Evans-Cox. [From the Virginian-Pilot Oct. 29, 2010] many years. Added former Pickett intern Walter Valen- FORMER 2ND DISTRICT CONGRESSMAN OWEN Owen Pickett was someone who this cia: ‘‘He didn’t mind crossing party lines if it institution could have justifiable pride PICKETT DIES benefited the district and the state. . . . He (By Julian Walker) just took care of his people.’’ in. We could look to him and say that The three offices that former U.S. Rep. Pickett retired in 2001, in part because he’d is the kind of Member, frankly, that we Owen B. Pickett maintained during his 14 become disenchanted with the growing ran- all ought to be, showing respect for one years in Congress—in Norfolk, Virginia cor on Capital Hill, Evans-Cox said, noting another, working with one another on Beach and Washington—shared this feature: that Pickett mused about a Congress that behalf of the American people and their a sign that read, ‘‘This office belongs to the had evolved from a place where ‘‘people did security. people of the 2nd congressional district of things the right way’’ to one where officials I rise to extend great sympathy to Virginia.’’ worked ‘‘against each other for partisan pur- his family, but much more importantly That simple motto, said those who knew poses, not a common goal.’’ him, exemplified Pickett’s modest approach Pickett was more pithy when he an- than that, to give thanks on behalf of to elected office as a full-time post in which nounced in 1999 that he would not seek re- this institution and on behalf of our addressing constituent concerns was a pri- election. country for his extraordinary service. ority and principle took precedence over par- ‘‘When Washington, D.C., begins to look Mr. NYE. Mr. Speaker, I would ask tisanship. better in your rear view mirror than it does that the House now observe a moment
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17774 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 of silence to remember Congressman Gingrey (GA) Lynch Ros-Lehtinen NOT VOTING—16 Gohmert Mack Roskam Owen Pickett, a former Member who Blunt Halvorson Radanovich Gonzalez Maffei Ross Boozman Kennedy Simpson will be dearly missed in southeast Vir- Goodlatte Maloney Rothman (NJ) Davis (AL) Kirk Tanner ginia. Granger Manzullo Roybal-Allard Fallin Klein (FL) Vela´ zquez The SPEAKER pro tempore. Will all Graves (GA) Marchant Royce Gallegly Minnick Members please rise. Graves (MO) Markey (CO) Ruppersberger Gordon (TN) Pingree (ME) Grayson Markey (MA) Rush Green, Al Marshall ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE f Ryan (OH) Green, Gene Matheson Ryan (WI) The SPEAKER pro tempore (during Griffith Matsui SERGEANT ROBERT BARRETT Salazar the vote). There are 2 minutes remain- Grijalva McCarthy (CA) Sa´ nchez, Linda POST OFFICE BUILDING Guthrie McCarthy (NY) T. ing in this vote. Gutierrez McCaul The SPEAKER pro tempore. Without Sanchez, Loretta Hall (NY) McClintock Sarbanes b 1738 objection, 5-minute voting will con- Hall (TX) McCollum Scalise So (two-thirds being in the affirma- tinue. Hare McCotter Schakowsky tive) the rules were suspended and the There was no objection. Harman McDermott Schauer Harper McGovern bill was passed. The SPEAKER pro tempore. The un- Schiff Hastings (FL) McHenry Schmidt The result of the vote was announced finished business is the vote on the mo- Hastings (WA) McIntyre Schock Heinrich McKeon as above recorded. tion to suspend the rules and pass the Schrader Heller McMahon A motion to reconsider was laid on bill (H.R. 5758) to designate the facility Schwartz Hensarling McMorris Scott (GA) the table. of the United States Postal Service lo- Herger Rodgers Scott (VA) cated at 2 Government Center in Fall Herseth Sandlin McNerney f Sensenbrenner Higgins Meek (FL) River, Massachusetts, as the ‘‘Sergeant Serrano Hill Meeks (NY) CONGRATULATING COACH JOE Robert Barrett Post Office Building,’’ Sessions Himes Melancon PATERNO Sestak on which the yeas and nays were or- Hinchey Mica Shadegg dered. Hinojosa Michaud The SPEAKER pro tempore. The un- Shea-Porter Hirono Miller (FL) finished business is the vote on the mo- The Clerk read the title of the bill. Sherman Hodes Miller (MI) The SPEAKER pro tempore. The Shimkus tion to suspend the rules and agree to Hoekstra Miller (NC) the resolution (H. Res. 1715) congratu- question is on the motion offered by Holden Miller, Gary Shuler the gentlewoman from the District of Holt Miller, George Shuster lating Joe Paterno on his 400th win as Sires Columbia (Ms. NORTON) that the House Honda Mitchell Penn State Nittany Lions football head Hoyer Mollohan Skelton suspend the rules and pass the bill. Slaughter coach, on which the yeas and nays were Hunter Moore (KS) ordered. This will be a 5-minute vote. Inglis Moore (WI) Smith (NE) The vote was taken by electronic de- Inslee Moran (KS) Smith (NJ) The Clerk read the title of the resolu- vice, and there were—yeas 417, nays 0, Israel Moran (VA) Smith (TX) tion. Issa Murphy (CT) Smith (WA) The SPEAKER pro tempore. The not voting 16, as follows: Snyder Jackson (IL) Murphy (NY) question is on the motion offered by [Roll No. 574] Jackson Lee Murphy, Patrick Space Speier the gentlewoman from Hawaii (Ms. YEAS—417 (TX) Murphy, Tim Jenkins Myrick Spratt HIRONO) that the House suspend the Ackerman Brown-Waite, Dahlkemper Johnson (GA) Nadler (NY) Stark rules and agree to the resolution. Aderholt Ginny Davis (CA) Stearns Johnson (IL) Napolitano This will be a 5-minute vote. Adler (NJ) Buchanan Davis (IL) Johnson, E. B. Neal (MA) Stupak Akin Burgess Davis (KY) Johnson, Sam Neugebauer Stutzman The vote was taken by electronic de- Alexander Burton (IN) Davis (TN) Jones Nunes Sullivan vice, and there were—yeas 417, nays 3, Butterfield DeFazio Altmire Jordan (OH) Nye Sutton Buyer DeGette not voting 13, as follows: Andrews Kagen Oberstar Taylor Calvert Delahunt Arcuri Kanjorski Obey Teague [Roll No. 575] Camp DeLauro Austria Kaptur Olson Terry Campbell Dent YEAS—417 Baca Kildee Olver Thompson (CA) Cantor Deutch Ackerman Boustany Clyburn Bachmann Kilpatrick (MI) Ortiz Thompson (MS) Cao Diaz-Balart, L. Aderholt Boyd Coble Bachus Kilroy Owens Capito Diaz-Balart, M. Thompson (PA) Adler (NJ) Brady (PA) Coffman (CO) Baird Kind Pallone Capps Dicks Thornberry Akin Brady (TX) Cohen Baldwin King (IA) Pascrell Capuano Dingell Tiahrt Alexander Braley (IA) Cole Barrett (SC) King (NY) Pastor (AZ) Cardoza Djou Tiberi Altmire Bright Conaway Barrow Kingston Paul Carnahan Doggett Tierney Andrews Broun (GA) Connolly (VA) Bartlett Paulsen Carney Donnelly (IN) Kirkpatrick (AZ) Titus Arcuri Brown (SC) Conyers Barton (TX) Carson (IN) Doyle Kissell Payne Tonko Austria Brown, Corrine Cooper Bean Carter Dreier Kline (MN) Pence Towns Baca Brown-Waite, Costa Becerra Cassidy Driehaus Kosmas Perlmutter Tsongas Bachmann Ginny Costello Berkley Castle Duncan Kratovil Perriello Turner Bachus Buchanan Courtney Berman Castor (FL) Edwards (MD) Kucinich Peters Upton Baird Burgess Crenshaw Berry Chaffetz Edwards (TX) Lamborn Peterson Van Hollen Baldwin Burton (IN) Critz Biggert Petri Chandler Ehlers Lance Visclosky Barrett (SC) Butterfield Crowley Bilbray Langevin Pitts Childers Ellison Walden Barrow Buyer Cuellar Bilirakis Larsen (WA) Platts Chu Ellsworth Walz Bartlett Calvert Culberson Bishop (GA) Larson (CT) Poe (TX) Clarke Emerson Wamp Barton (TX) Camp Cummings Bishop (NY) Latham Polis (CO) Clay Engel Wasserman Bean Campbell Dahlkemper Bishop (UT) LaTourette Pomeroy Cleaver Eshoo Schultz Becerra Cantor Davis (CA) Blackburn Latta Posey Clyburn Etheridge Waters Berkley Cao Davis (IL) Blumenauer Lee (CA) Price (GA) Coble Farr Watson Berman Capito Davis (KY) Boccieri Lee (NY) Price (NC) Coffman (CO) Fattah Watt Berry Capps Davis (TN) Boehner Cohen Filner Levin Putnam Biggert Capuano DeGette Waxman Bonner Cole Flake Lewis (CA) Quigley Bilbray Cardoza Delahunt Weiner Bono Mack Conaway Fleming Lewis (GA) Rahall Bilirakis Carnahan DeLauro Welch Boren Connolly (VA) Forbes Linder Rangel Bishop (GA) Carney Dent Westmoreland Boswell Conyers Fortenberry Lipinski Rehberg Bishop (NY) Carson (IN) Deutch Boucher Cooper Foster LoBiondo Reichert Whitfield Bishop (UT) Carter Diaz-Balart, L. Boustany Costa Foxx Loebsack Reyes Wilson (OH) Blackburn Cassidy Diaz-Balart, M. Boyd Costello Frank (MA) Lofgren, Zoe Richardson Wilson (SC) Blumenauer Castle Dicks Brady (PA) Courtney Franks (AZ) Lowey Rodriguez Wittman Boccieri Castor (FL) Dingell Brady (TX) Crenshaw Frelinghuysen Lucas Roe (TN) Wolf Boehner Chandler Djou Braley (IA) Critz Fudge Luetkemeyer Rogers (AL) Woolsey Bonner Childers Doggett Bright Crowley Garamendi Luja´ n Rogers (KY) Wu Bono Mack Chu Donnelly (IN) Broun (GA) Cuellar Garrett (NJ) Lummis Rogers (MI) Yarmuth Boren Clarke Doyle Brown (SC) Culberson Gerlach Lungren, Daniel Rohrabacher Young (AK) Boswell Clay Dreier Brown, Corrine Cummings Giffords E. Rooney Young (FL) Boucher Cleaver Driehaus
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17775 Duncan Lamborn Petri Walz Waxman Wittman constitution in which the process was tight- Edwards (MD) Lance Pitts Wamp Weiner Wolf ly controlled, repressive, and undemocratic; Edwards (TX) Langevin Platts Wasserman Welch Woolsey Whereas the NLD walked out of the con- Ehlers Larsen (WA) Poe (TX) Schultz Westmoreland Wu Ellison Larson (CT) Polis (CO) Waters Whitfield Yarmuth vention in 1995 because participants were not Ellsworth Latham Pomeroy Watson Wilson (OH) Young (AK) allowed to table alternative proposals or Emerson LaTourette Posey Watt Wilson (SC) Young (FL) voice disagreement with the military re- Engel Latta Price (GA) gime; Eshoo Lee (CA) Price (NC) NAYS—3 Whereas the people of Burma, led by de- Etheridge Lee (NY) Putnam Chaffetz DeFazio Slaughter mocracy activists and Buddhist monks in Farr Levin Quigley August and September 2007, took to the Fattah Lewis (CA) Rahall NOT VOTING—13 Filner Lewis (GA) Rangel streets for national reconciliation and the Blunt Gordon (TN) Pingree (ME) transition to democracy; Flake Linder Rehberg Boozman Halvorson Radanovich Whereas the military regime brutally Fleming Lipinski Reichert Davis (AL) Kennedy Tanner Forbes LoBiondo Reyes Fallin Kirk crushed the peaceful protests, killing at Fortenberry Loebsack Richardson Gallegly Klein (FL) least 31 people, leaving nearly 100 missing, Foster Lofgren, Zoe Rodriguez and arresting 700 additional political pris- Foxx Lowey Roe (TN) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE oners bringing the number of Burma’s polit- Frank (MA) Lucas Rogers (AL) The SPEAKER pro tempore (during Franks (AZ) Luetkemeyer Rogers (KY) ical prisoners to approximately 2,100; Frelinghuysen Luja´ n Rogers (MI) the vote). There are 2 minutes remain- Whereas the SPDC has ignored the re- Fudge Lummis Rohrabacher ing in this vote. peated requests of the United Nations and Garamendi Lungren, Daniel Rooney the international community to release all Garrett (NJ) E. Ros-Lehtinen b 1745 political prisoners and end attacks against Gerlach Lynch Roskam So (two-thirds being in the affirma- civilians; Giffords Mack Ross Whereas at the same time, the SPDC as- Gingrey (GA) Maffei Rothman (NJ) tive) the rules were suspended and the signed a commission to draft a constitution Gohmert Maloney Roybal-Allard resolution was agreed to. on October 18, 2007, with 54 handpicked par- Gonzalez Manzullo Royce The result of the vote was announced Goodlatte Marchant Ruppersberger ticipants, in an attempt to ignore past elec- Granger Markey (CO) Rush as above recorded. tion results, to lock in a process that ex- Graves (GA) Markey (MA) Ryan (OH) A motion to reconsider was laid on cludes representatives of ethnic nationalities Graves (MO) Marshall Ryan (WI) the table. and the NLD from political participation, Grayson Matheson Salazar and to legitimize continued military rule; Green, Al Matsui Sa´ nchez, Linda f Green, Gene McCarthy (CA) T. Whereas the latest version of the draft con- Griffith McCarthy (NY) Sanchez, Loretta ANNOUNCEMENT BY THE SPEAKER stitution seeks to codify military rule by re- Grijalva McCaul Sarbanes PRO TEMPORE serving 25 percent of parliamentary seats for Guthrie McClintock Scalise military appointees, permits the head of the Gutierrez McCollum Schakowsky The SPEAKER pro tempore. Pursu- military to intervene in national politics, Hall (NY) McCotter Schauer ant to clause 8 of rule XX, the Chair and ensures that key government ministries Hall (TX) McDermott Schiff will postpone further proceedings are held by military officers; Hare McGovern Schmidt Harman McHenry Schock today on motions to suspend the rules Whereas amidst the crisis in parts of the Harper McIntyre Schrader on which a recorded vote or the yeas country caused by Cyclone Nargis, the coun- Hastings (FL) McKeon Schwartz and nays are ordered, or on which the try’s military junta staged a referendum to Hastings (WA) McMahon Scott (GA) vote incurs objection under clause 6 of force through a new constitution, drafted Heinrich McMorris Scott (VA) rule XX. without input from the opposition; Heller Rodgers Sensenbrenner Whereas the vote for the referendum did Hensarling McNerney Serrano Record votes on postponed questions not follow a free and fair democratic process; Herger Meek (FL) Sessions will be taken later. Herseth Sandlin Meeks (NY) Sestak Whereas conditions prior to the ref- Higgins Melancon Shadegg f erendum consisted of repression, a lack of a Hill Mica Shea-Porter free media, and a lack of an independent ref- Himes Michaud Sherman CONDEMNING BURMESE REGIME’S erendum commission and courts to supervise Hinchey Miller (FL) Shimkus UNDEMOCRATIC ELECTIONS the vote; Hinojosa Miller (MI) Shuler Ms. WATSON. Mr. Speaker, I move to Whereas the amnesty provision of the con- Hirono Miller (NC) Shuster stitution removes any rights for civil redress Hodes Miller, Gary Simpson suspend the rules and agree to the reso- for victims of crimes committed by the mili- Hoekstra Miller, George Sires lution (H. Res. 1677) condemning the Holden Minnick Skelton tary and leaders of the democratic opposi- Holt Mitchell Smith (NE) Burmese regime’s undemocratic up- tion have refused to accept this constitution; Honda Mollohan Smith (NJ) coming elections on November 7, 2010, Whereas the amnesty provision is a blatant Hoyer Moore (KS) Smith (TX) as amended. attempt to legitimize the systematic vio- Hunter Moore (WI) Smith (WA) The Clerk read the title of the resolu- lence in the country for all junta inflicted Inglis Moran (KS) Snyder crimes; Inslee Moran (VA) Space tion. Whereas the ruling military junta in Israel Murphy (CT) Speier The text of the resolution is as fol- Issa Murphy (NY) Spratt lows: Burma has one of the worst human rights Jackson (IL) Murphy, Patrick Stark records in the world and routinely violates Jackson Lee Murphy, Tim Stearns H. RES. 1677 the rights of Burmese citizens, including the (TX) Myrick Stupak Whereas the current military regime, offi- systematic use of rape as a weapon of war, Jenkins Nadler (NY) Stutzman cially known as the State Peace and Devel- extrajudicial killings, arbitrary arrests and Johnson (GA) Napolitano Sullivan opment Council (SPDC), known previously as detention, torture, as well as slave and child Johnson (IL) Neal (MA) Sutton Johnson, E. B. Neugebauer Taylor the State Law and Order Restoration Coun- labor, including child soldiers; Johnson, Sam Nunes Teague cil (SLORC), held multi-party elections in Whereas the previous detention of Aung Jones Nye Terry 1990; San Suu Kyi by the Burmese military regime Jordan (OH) Oberstar Thompson (CA) Whereas despite the threat and pressure by contravenes Article 9 of the Universal Dec- Kagen Obey Thompson (MS) the military regime to vote for the can- laration of Human Rights and has drawn Kanjorski Olson Thompson (PA) didates of the military-backed National widespread condemnation from around the Kaptur Olver Thornberry Unity Party (NUP), the people of Burma world; Kildee Ortiz Tiahrt Kilpatrick (MI) Owens Tiberi voted 82 percent of parliament seats for the Whereas in March 2010, the military regime Kilroy Pallone Tierney candidates of the National League for De- announced laws governing the elections, in- Kind Pascrell Titus mocracy (NLD) party, led by formerly de- cluding the Union Election Commission Law, King (IA) Pastor (AZ) Tonko tained leader Daw Aung San Suu Kyi and al- giving their handpicked members complete King (NY) Paul Towns lied ethnic political parties; authority to convene the election, along Kingston Paulsen Tsongas Whereas the military regime refused to with final decisionmaking power, regarding Kirkpatrick (AZ) Payne Turner honor the election results and arrested and election postponement, rejection, moni- Kissell Pence Upton Kline (MN) Perlmutter Van Hollen imprisoned both democracy activists and toring, forming sub-commissions, formation Kosmas Perriello Vela´ zquez elected members of parliament; of constituencies, compiling list of eligible Kratovil Peters Visclosky Whereas the SPDC over a period of 14 years voters, and forming of tribunals to judge Kucinich Peterson Walden held a National Convention to draft a new election dispute;
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17776 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 Whereas articles 4 and 10 of the Political (9) calls for the Administration to fully im- ment, is a transparent attempt to di- Parties Registration Law bans all monks, plement the Tom Lantos Block Burmese vert attention from its fraudulent elec- nuns, and leaders of other religions, govern- JADE Act of 2008 by nominating the Special tion. ment staff, political prisoners and prisoners, Representative and Policy Coordinator on The international community must foreigners, and members of and those related Burma and imposing appropriate financial to unlawful associations and insurgent sanctions to facilitate the priorities ex- speak with one voice to condemn the groups from forming and participating in a pressed in paragraphs (1) through (8). results of the November 7 election; political party, further stating that failure The SPEAKER pro tempore. Pursu- press the Burmese junta to respect to expel such individuals from your political ant to the rule, the gentlewoman from basic human rights and allow freedom party will result in abolishment of the polit- of expression and freedom of associa- California (Ms. WATSON) and the gen- ical party; tion; call for the release of political Whereas article 6 of the Political Parties tleman from Illinois (Mr. MANZULLO) each will control 20 minutes. prisoners; and support national rec- Registration Law states that all political onciliation between the junta, Aung parties must pledge to abide and protect the The Chair recognizes the gentle- military regime’s undemocratic and fraudu- woman from California. San Suu Kyi, and ethnic leaders. We must also continue to press for a lent 2008 constitution; GENERAL LEAVE robust international inquiry into the Whereas the NLD refused to re-register Ms. WATSON. Mr. Speaker, I ask regime’s crimes against humanity and under such unjust election laws that would unanimous consent that all Members have forced them to expel their leader Aung war crimes, and do everything we can may have 5 legislative days to revise San Suu Kyi and pledge support for the re- to end the systemic use of rape as a and extend their remarks and to in- gime’s undemocratic constitution; weapon of war, extrajudicial killings, clude extraneous material on the reso- Whereas the military regime’s election torture, and child labor. commission released severely restrictive po- lution under consideration. Mr. Speaker, I urge all my colleagues litical party campaign rules banning all The SPEAKER pro tempore. Is there to support this bipartisan resolution. marches, chanting, and flags and also pro- objection to the request of the gentle- hibits any speeches or publications that I reserve the balance of my time. woman from California? Mr. MANZULLO. Mr. Speaker, I yield criticize the military regime; There was no objection. myself such time as I may consume. Whereas the election commission can de- Ms. WATSON. Mr. Speaker, I rise in register any political party at their discre- Today, I rise in strong opposition to strong support of this resolution and tion; the recent sham election that took yield myself such time as I may con- Whereas it is impossible under the re- place in Burma on November 7. As the gime’s 2008 constitution and 2010 election sume. On November 7, 2010, Burma held its sponsor of this important resolution, I laws for the election to be free, fair, inclu- want to lend a public voice for many sive, or democratic; and first election in 20 years. This should Whereas the November 7 election was have been an important milestone for people yearning to see democracy take marked by widespread fraud, voter intimida- the 55 million people of that impover- real root in Burma. The purpose of the election is crystal tion, cheating, and irregularities reported ished nation, but instead, it was more throughout the country: Now, therefore, be clear: to entrench the military junta’s of the same. The ruling junta fixed the it rule under a cloak of democracy. Not- process to ensure its continuing domi- Resolved, That the House of Representa- withstanding the release of Aung San nation, and the vote was marred by tives— Suu Kyi, the junta’s actions cannot be widespread fraud and intimidation. (1) denounces the one-sided, undemocratic, an excuse to draw the curtain closed on and illegitimate actions of the State Peace This important resolution condemns and Development Council (SPDC) that seek the military regime’s blatantly un- so many people in Burma who yearn to legitimize military rule through a flawed democratic effort to legitimize its rule for the fresh breath of freedom. election process; through a sham election process. While claiming the pro-junta party (2) denounces the military regime’s dis- In 1990, Aung San Suu Kyi’s National won 80 percent of the vote in the sham solution of the National League for Democ- League for Democracy, referred to as election, the Burmese regime clearly racy and insists that no government in demonstrated its adherence to Chair- Burma can be considered democratic or le- the ‘‘NLD party,’’ handily won free and fair elections, but the junta refused to man Mao’s famous dictum that ‘‘polit- gitimate without the participation of Aung ical power comes from the barrel of a San Suu Kyi, the National League for De- honor the results and, instead, arrested mocracy, and ethnic nationalities and the and imprisoned democratically elected gun.’’ full restoration of democracy, freedom of as- members of parliament and democracy To make matters worse, just as sembly, freedom of movement, freedom of activists. rigged election results were being re- speech, freedom of the press, and inter- ported, junta troops engaged in shoot- nationally recognized human rights for all b 1750 outs with ethnic minority forces in Burmese citizens; More recently, in 2007, thousands of border areas, sending tens of thousands (3) insists that Burma’s military regime ordinary Burmese citizens and Bud- of refugees fleeing into Thailand. Artil- begin an immediate transition toward na- dhist monks led a series of peaceful lery fire even flew over the border, in- tional reconciliation, and the full restora- tion of democracy, freedom of assembly, demonstrations calling for more open- juring refugees, Thai civilians, and freedom of movement, freedom of speech, ness and respect for human rights, only Thai soldiers on the Thai side. Shelling freedom of the press, and internationally to be brutally crushed by the regime. your peaceful neighbor is no way for recognized human rights for all Burmese Today, there are more than 2,200 polit- any government to conduct an elec- citizens; ical prisoners and prisoners of con- tion. (4) demands the immediate and uncondi- science languishing in Burmese prisons And while we all laud the release of tional release of detained Buddhist monks in the worst possible conditions. the acclaimed Nobel Peace Prize Lau- and all other political prisoners and pris- The junta claims that the Burmese reate Aung San Suu Kyi, no one should oners of conscience; be fooled into thinking that the Bur- (5) calls on the Administration to not sup- constitution of 2008 is part of a ‘‘road- port or recognize the military regime’s elec- map to democracy,’’ but in reality, mese junta leopard has changed its tions as legitimate; that bogus document maintains power spots. The junta has treated Aung San (6) calls on the Burmese junta to change in the hands of military appointees, Suu Kyi like its political yo-yo, letting the current flawed constitution by permit- permits the head of the military to in- her out and then pulling her back in ting members of the democratic opposition tervene in national policy, and ensures whenever it has served the regime’s po- and ethnic minorities to participate in gov- that key government ministries are litical whims. Having gotten her out of ernment; held by junta officials. Under this the way during the critical runup to (7) calls for full accountability of those re- the bogus elections, the regime has sponsible for human rights violations; framework, true democracy is impos- (8) urges support for a credible and robust sible. now decided it is time to place her international inquiry to investigate the Bur- The regime’s recent decision to re- again in the world spotlight. mese regime’s war crimes, crimes against lease Aung San Suu Kyi, the iconic But we cannot for one moment forget humanity, and system of impunity; and leader of Burma’s democracy move- that there are an estimated 2,500 other
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17777 political prisoners, including brave week, the junta once again chose to in the final Resolution. This is done with the monks and ordinary citizens from the disregard the will of the Burmese peo- understanding between our Committees that Saffron Revolution 3 years ago, who ple by staging a fraudulent election. the Committee on Ways and Means does not still languish in the Burmese gulag. When I first visited Burma decades waive any future jurisdictional claim over the subject matters contained in the Resolu- Until these others are free, Aung San ago, I learned what a difference a mis- tion. Suu Kyi and Burma are indeed truly guided regime could make. Burma had been a vibrant country known as the This letter also confirms my under- not free. standing that you will include a copy of your In 2008, I led the effort, along with ‘‘rice bowl of Asia.’’ Burma had had a letter and this response in the Congressional my friend from New York, Representa- rich history, fertile land, abundant re- Record during consideration of the Resolu- tive JOE CROWLEY, to award the Con- sources, and a productive population. tion on the House floor. gressional Gold Medal to Aung San Suu In the years following the coup in the Sincerely, Kyi. We must never forget the strength early 1960s, the authoritarian regime SANDER M. LEVIN, and hope that she represents. We must impoverished a nation and brutalized a Chairman. never be fooled into believing that this people. The generals have rejected the time there really will be change in choices of the Burmese citizens, im- CONGRESS OF THE UNITED STATES, Burma. prisoned or killed political dissidents, COMMITTEE ON FOREIGN AFFAIRS, A flawed election process cannot hide and failed to address humanitarian suf- HOUSE OF REPRESENTATIVES, Washington, DC, November 17, 2010. the fact that until a sincere, trans- fering caused by their own mismanage- Hon. SANDER M. LEVIN, parent dialogue of political trans- ment and by tragic natural disasters. Chairman, Committee on Ways and Means, formation is begun with the opposition, The United States has a duty to stand Washington, DC. there can be no true democracy and firmly against the military’s human DEAR MR. CHAIRMAN: Thank you for your rule of law in Burma. One need only re- rights abuses and to work for justice, letter regarding H. Res. 1677, ‘‘Condemning call that Hitler and Stalin had elec- reconciliation, and the rule of law in the Burmese regime’s undemocratic upcom- tions also, and they were just as mean- Burma. ing elections on November 7, 2010.’’ As you ingless. I join with those around the world know, the Resolution was referred to the This raises the whole question of the celebrating the recent release from Committee on Foreign Affairs, in addition to value of engagement with a regime house arrest of Nobel Peace Prize Lau- the Committees on Ways and Means and the which hunts down refugees and shells reate Aung San Suu Kyi, who has led Judiciary, for a period to be subsequently de- its neighbor in the aftermath of bogus termined by the Speaker, in each case for the nonviolent struggle for democratic consideration of such provisions as fall with- elections. The administration clings to reforms in Burma, at great personal in the jurisdiction of the committee con- the desperate hope that talking to dic- sacrifice, for over three decades. The cerned. tatorial thugs with no preconditions outpouring of support and affection for I agree that the Committee on Ways and will lead to a world of peace and har- her is a clear signal that the spirit of Means has certain valid jurisdictional claims mony. The Burmese junta and their liberty endures among the Burmese to this resolution, and I appreciate your de- bogus elections demonstrate the naive people. Yet we must be mindful of his- cision to waive further consideration of H. assumption behind this approach to tory’s lessons. The military junta will Res. 1677 in the interest of expediting consid- foreign policy. not tolerate actions that threaten its eration of this important measure. I under- The release of Nobel Peace Prize iron grip on power. That is why the stand that by agreeing to waive further con- Laureate Aung San Suu Kyi from sideration, the Committee on Ways and United States must continue to pres- Means is not waiving its jurisdictional house arrest, however, still leaves one sure the regime to end its repressive claims over similar measures in the future. Peace Prize laureate behind bars. That practices and to accept an immediate is the recent Prize recipient, Chinese During consideration of this measure on transition toward a more democratic the House floor, I will ask that this exchange dissident Liu Xiaobo. It seems high government that respects human of letters be included in the CONGRESSIONAL time for the rulers in Beijing to follow rights and respects the aspirations of RECORD. the example of their Burmese buddies the Burmese people. Sincerely, and immediately release Mr. Liu. Gov- I urge my colleagues to support this HOWARD L. BERMAN, ernments which fear lone voices of con- resolution. Chairman. science like Aung San Suu Kyi and Mr. Ms. WATSON. Mr. Speaker, the following is Liu can never be truly secure, no mat- an exchange of letters that I would like to sub- b 1800 ter how much voter fraud they conduct mit: to prop up their regimes. CONGRESS OF THE UNITED STATES, Mr. MANZULLO. I yield back the I strongly and enthusiastically urge HOUSE OF REPRESENTATIVES, COM- balance of my time. MITTEE ON WAYS AND MEANS, my colleagues to stand up for democ- Ms. WATSON. Mr. Speaker I have no racy and freedom in the proud ancient Washington, DC, November 17, 2010. Hon. HOWARD L. BERMAN, further requests for time, and I yield land of Burma and to wholeheartedly Chairman, Committee on Foreign Affairs, back the balance of my time. support this resolution. Washington, DC. The SPEAKER pro tempore (Mr. I reserve the balance of my time. DEAR MR. CHAIRMAN: I am writing you con- HEINRICH). The question is on the mo- Ms. WATSON. Mr. Speaker, I yield 3 cerning H. Res. 1677 (‘‘Resolution’’), ‘‘Con- minutes to the gentleman from New demning the Burmese regime’s undemocratic tion offered by the gentlewoman from California (Ms. WATSON) that the House Jersey, RUSH D. HOLT. upcoming elections on November 7, 2010’’. As Mr. HOLT. Mr. Speaker, I thank the you know, the Resolution was referred to the suspend the rules and agree to the reso- gentlelady from California. Committee on Ways and Means based on the lution, H. Res. 1677, as amended. I rise to express strong support for Committee’s jurisdiction over international The question was taken. trade. House Resolution 1677, offered by Mr. I appreciate the productive discussions The SPEAKER pro tempore. In the MANZULLO, and I rise to denounce the that we have had on this issue, resulting in opinion of the Chair, two-thirds being flawed, undemocratic election that our agreement to revise paragraph 9 of the in the affirmative, the ayes have it. took place in Burma earlier this Resolution, which I believe helps to clarify Ms. WATSON. Mr. Speaker, on that I month. For nearly half a century now, the intent and scope of the Resolution. I ap- demand the yeas and nays. the liberties of the Burmese people preciate your commitment to reflect this have been held hostage by successive agreement in the final Resolution. The yeas and nays were ordered. military rulers. The regime refused to In order to expedite this Resolution for The SPEAKER pro tempore. Pursu- floor consideration, the Committee on Ways honor the results of open elections held and Means will forgo action on this Resolu- ant to clause 8 of rule XX and the in recent decades and then forced the tion and will not oppose its consideration on Chair’s prior announcement, further acceptance of a new, illegitimate con- the suspension calendar, based on our under- proceedings on this motion will be stitution in a sham referendum. Last standing that you will reflect our agreement postponed.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17778 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 COMMEMORATING THE PERSIAN United States interests and allies in the Gulf U.N. Security Council passed a resolu- GULF WAR region; and tion authorizing the use of force if Iraq Whereas beginning in August 2010, various Ms. WATSON. Mr. Speaker, I move to did not withdraw from Kuwait by Janu- ceremonies are being planned in the United ary 15; and on the morning of January suspend the rules and agree to the reso- States to commemorate the 20th anniversary lution (H. Res. 1672) commemorating of the Persian Gulf War and to honor all Per- 16, 1991, allied forces began the first the Persian Gulf War and reaffirming sian Gulf War veterans: Now, therefore, be it phase of Operation Desert Storm. After the commitment of the United States Resolved, That the House of Representa- a 38-day air campaign, Operation towards Persian Gulf War veterans, as tives— Desert Sabre, a massive ground attack, amended. (1) recognizes the historical importance of was launched by American and coali- The Clerk read the title of the resolu- the 20th anniversary of the Persian Gulf tion forces into both Iraq and Kuwait. War, which began on August 2, 1990; One hundred hours after the ground tion. (2) honors the noble service and sacrifice of The text of the resolution is as fol- the United States Armed Forces and the campaign began, the President de- lows: armed forces of allied countries that served clared a cease-fire. H. RES. 1672 in the Persian Gulf since 1990 to the present; Mr. Speaker, our men and women in Whereas, on August 2, 1990, Iraq invaded (3) encourages all Americans to participate uniform did win that war. Their brav- the State of Kuwait, thereby initiating the in commemorative activities to pay solemn ery in battle liberated a country and Persian Gulf War; tribute to, and to never forget, the veterans defended our friends from Saddam Hus- Whereas in the months following Iraq’s in- of the Persian Gulf War; sein’s aggression. We recall with spe- vasion and occupation of Kuwait, the United (4) calls upon the President to issue a proc- cial appreciation the 383 men and Nations Security Council adopted 11 resolu- lamation recognizing the 20th anniversary of women who gave the ultimate sacrifice tions that, inter alia, demanded that Iraq the Persian Gulf War; and unconditionally withdraw from Kuwait and (5) reaffirms the commitment of the and the 467 who were wounded, as well imposed economic sanctions and other pres- United States to peace and prosperity in the as the thousands of veterans who, to sure against Saddam Hussein’s dictatorship Persian Gulf region. this day, suffer from illnesses related in Iraq; The SPEAKER pro tempore. Pursu- to their Gulf War service. Whereas on November 29, 1990, the United ant to the rule, the gentlewoman from Mr. Speaker, the resolution before us Nations Security Council adopted Resolution California (Ms. WATSON) and the gen- recognizes the historical importance of 678, which authorized United Nations Mem- the 20th anniversary of the Persian ber States to use all necessary means to up- tleman from Illinois (Mr. MANZULLO) each will control 20 minutes. Gulf War. It honors the noble service hold Resolution 660 (1990), which demanded and sacrifice of the United States that Iraq unconditionally withdraw from Ku- The Chair recognizes the gentle- wait; woman from California. Armed Forces that have served in the Whereas on January 12, 1991, the United GENERAL LEAVE Persian Gulf during that war and since, States Congress authorized the United Ms. WATSON. Mr. Speaker, I ask and it encourages all Americans to par- States Armed Forces to help the State of Ku- unanimous consent that all Members ticipate in commemorative activities wait defend itself against the Iraqi invasion; may have 5 legislative days to revise to pay tribute to the veterans of the Whereas the Armed Forces of the United and extend their remarks and include Persian Gulf War. It also calls upon the States, joined by coalition partners, over- extraneous material on the resolution President to issue a proclamation rec- whelmed the enemy in a short, decisive mili- ognizing the war’s 20th anniversary and tary campaign of less than 30 days; under consideration. Whereas the hostilities ended in a cease- The SPEAKER pro tempore. Is there reaffirms the commitment of the fire declared by President George H.W. Bush objection to the request of the gentle- United States to peace and prosperity on February 28, 1991, one hundred hours after woman from California? in the Persian Gulf region. I strongly the ground campaign began; There was no objection. support this resolution, and I encour- Whereas during the Persian Gulf War, ap- Ms. WATSON. Mr. Speaker, I yield age all of my colleagues to do as well. proximately 694,550 members of the United myself as much time as I may con- Mr. Speaker, I reserve the balance of States Armed Forces served in-theater along sume. my time. with the forces of over 30 other members of I rise in strong support of H. Res. Mr. MANZULLO. I rise in support of the United Nations; the resolution and yield myself such Whereas casualties of the United States 1672, which commemorates the Persian during the Persian Gulf War included 383 Gulf War of 1991 and reaffirms the com- time as I may consume. dead (of whom 148 were battle deaths), and mitment of the United States to the Mr. Speaker, 20 years ago, on August more than 467 wounded; well-being of Persian Gulf War vet- 2, 1990, Saddam Hussein’s Iraqi regime Whereas approximately 2,225,000 American erans. invaded and occupied nearby Kuwait. men and women served worldwide in the More than 20 years ago, on August 2, In response, the United States stood Armed Forces during the entire Gulf War 1990, Saddam Hussein ordered his army firmly against this act of aggression era; into Kuwait, starting a crisis that and led a strong coalition of respon- Whereas approximately 174,000 veterans would lead to war. Although some pre- sible nations in making clear that suffer from illnesses related to service dur- ing the Persian Gulf War, including Gulf War dicted that Iraq’s incursion would be Saddam’s actions would not be toler- Veterans’ Illnesses; limited, within hours Iraqi forces had ated. As a result of U.S. leadership, the Whereas Congress notes the Institute of seized downtown Kuwait City and were U.N. Security Council adopted almost a Medicine’s report, ‘‘Gulf War and Health’’, headed south toward the Saudi Arabian dozen separate resolutions that, among released on April 9, 2010; encourages the De- border, occupying all of Kuwait along other things, demanded that Iraq un- partment of Veterans Affairs task force to the way. What followed was the largest conditionally withdraw from Kuwait identify recommendations from this report build-up of American forces since the and increased economic sanctions and to better treat illnesses related to service Vietnam War. Within a short period, other pressure against Saddam’s dicta- during the Persian Gulf War, including Gulf War Veterans’ Illnesses; and reaffirms the members of the 82nd Airborne Division, torship. commitment of the United States towards as well as 300 combat aircraft, were On November 29, 1990, the U.N. Secu- Persian Gulf War veterans; headed for Saudi Arabia. By the end of rity Council authorized the use of all Whereas since the end of the Persian Gulf September 1990, there were nearly necessary means to compel Iraq’s with- War era, an average of more than 2,000 mem- 200,000 American personnel in Saudi drawal from Kuwait. Congress voted on bers of the United States Armed Forces have Arabia ready to repel an Iraqi attack. January 12, 1991, to authorize Amer- served annually in Kuwait to defend the Realizing the magnitude of Iraq’s in- ica’s Armed Forces to enforce the U.N. State of Kuwait against external aggression, vasion, the President ordered addi- Security Council’s resolutions with re- and to promote regional peace; tional soldiers to the Persian Gulf. Whereas in addition to their participation spect to Iraq. in the Gulf War to liberate Kuwait, United During that period, an international Mr. Speaker, when called to action, States service members have maintained a coalition was formed, with more than our men and women in uniform, almost significant military presence in the Gulf for 30 nations joining the effort to repel 700,000 of whom served in the theater, decades and played a key role in defending Iraqi aggression. On November 29, the fulfilled their mission in an exemplary
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17779 manner with valor and honor. Joined abled. In addition, her two daughters You are a genuine human being and by our coalition partners, the U.S. were subsequently born with rare birth it is your nature, it is your character, military overwhelmed Saddam’s forces defects, and have since developed it is your moral compass, the reason I and drove them out of Kuwait in a de- symptoms similar to their mother. use the word ‘‘genuine.’’ You are truly cisive campaign that lasted fewer than Sadly, Michelle and many other vet- one of the individuals that I will miss 30 days. Sadly, during the Gulf War, 383 erans and their families across the when I look back at Congress. I really Americans made the ultimate sacrifice, country continue to suffer. Not enough will, MIKE. giving their lives in service to our Na- is known about these illnesses, includ- I only wish your conference had made tion, and more than 460 others were ing whether or not it can be passed you chairman of the Veterans’ Affairs wounded. from one generation to the next. Be- Committee, I really do, because you Among those who died was a young cause of this, it is critical that VA con- and I could have done a lot of great flight surgeon from Rochelle, Illinois, tinues its research efforts on illnesses things together. by the name of Dr. Koritz, when his jet of Gulf War veterans. In reality, the unwritten history will aircraft was shot down. Further, over This resolution we consider today be the success of the committee oc- 170,000 returning veterans of the Gulf commemorates the Gulf War and hon- curred not by your current chairman, War have suffered from serious health ors the noble service and sacrifice of but because of the work-around solu- problems. veterans who served there. So it is also tions that we were able to do, by you In 2001, I authored the Persian Gulf fitting that Veterans’ Affairs Com- and I working together, with STEPH- War Illness Compensation Act to make mittee Ranking Member STEVE BUYER ANIE HERSETH and the Sergeant Major sure that our veterans receive com- is here today to speak on behalf of this and VIC SNYDER. So history may not pensation from illnesses as a result of resolution. credit you, Mr. MICHAUD, for all the Gulf War syndrome. This legislation In addition to being a Persian Gulf things you’ve done, but I’m going to garnered the support of more than half veteran himself, Congressman BUYER stand on the floor and let everybody the House of Representatives, and it began his career as a Member of Con- know all the great things that you was later signed into law by the Presi- gress by leading efforts to create a na- have done for veterans in this country, dent of the United States. It was tional Persian Gulf War veterans reg- and I am very proud of you. So as I thanks to the loving dedication of istry. This important program was set stand here and I think of not only my- Donna Steele, the widow of Gulf War up to provide a comprehensive physical self, but I think about my colleagues, I veteran Dan Steele from Freeport, Illi- exam and to track the special health want to make sure that you deserve nois, that helped me understand the concerns of veterans who served in the the full measure. devastating nature of Gulf War syn- gulf. When I think about over 20 years ago, drome. I want to thank Congressman BUYER frankly, Saddam Hussein was pretty Mr. Speaker, as we commemorate the for his service to this great Nation of stupid. He decided to take seven of his 20th anniversary of the Gulf War, we ours, but also thank him for his serv- Iraqi divisions and he invaded Kuwait. must honor the service and sacrifice ice, his time here in Congress, which I He committed incredible atrocities made by servicemembers and veterans. enjoyed working with him on the Vet- upon the people of Kuwait, and raped Further, we must reaffirm our deter- erans’ Affairs Committee. and pillaged the city of Kuwait City. mination to ensure peace and stability I urge all of my colleagues to join me And when the President then imme- in the gulf region which is a key U.S. today in supporting House Resolution diately sent the 101st and the 82nd Air- interest. Accordingly, I am proud to 1672, to encourage all Americans to re- borne divisions as a blocking force to support House Resolution 1672 and member and pay tribute to those vet- then protect Saudi Arabia, they had to thank my friend from Maine (Mr. erans, and to let them know that their build up the logistics of Saudi Arabia MICHAUD) for introducing this measure. struggles and sacrifices will never be itself and activate reservists. Not since Mr. Speaker, I reserve the balance of forgotten. World War II had there been such a de- my time. Mr. MANZULLO. Mr. Speaker, it is a ployment, not only of the air, but of Ms. WATSON. Mr. Speaker, I yield 3 real honor and privilege to yield such the sea and the activation of the Guard minutes to the gentleman from Maine, time as he may consume to the gen- and reserve and bringing Seventh Corps MICHAEL MICHAUD. tleman from Indiana (Mr. BUYER). He is out of Europe. Mr. MICHAUD. I thank the gentle- the ranking member of the Committee You see, Saddam Hussein decided to lady for yielding. on Veterans Affairs. He and I are class- pick a fight, and he also then took on Mr. Speaker, I rise today in strong mates. We trained in school together to the United States at a time when the support of House Resolution 1672, a run as Members of Congress. He is a United States was its strongest. We measure I have introduced to com- dear, dear friend. Our offices are on the had completed the Reagan build-up. memorate the Persian Gulf War and re- same hall. Unfortunately, he is going Reagan built up our forces. A lot of affirm our Nation’s commitment to the to be leaving Congress this year. good judgments were made back in the veterans who served in it. A cease-fire Mr. BUYER. I thank the gentleman latter part of the 1970s and 1980s. Les was declared by President George Bush from Illinois, and I also thank you for Aspin, then the chairman of the com- on February 28, 1991, 100 hours after the your friendship and your personal mittee, even though he made some pol- ground campaign began. counsel over the years. Likewise, I am icy changes with regard to how soldiers so pleased that your wife continues to were going to be paid, and those pay b 1810 do well. issues got resolved later, in the latter Yet, this war is far from over for the And to my friend, MIKE MICHAUD, part of the 1990s, Les Aspin, and then veterans who served so courageously in MIKE—if I may have the latitude to ad- the Democrat control of the Armed the gulf. In fact, an estimated 174,000 dress him by his first name, Mr. Speak- Services Committee, though, worked still suffer from Gulf War illness, in- er. then with Ronald Reagan and built up cluding Gulf War syndrome. These vet- I don’t mean to be nostalgic here for our force. And that was about standing erans and their families must now the moment, but I think when Mem- down the Soviet Union. So as we then wage a campaign of a different sort bers look back, they really don’t re- stood down the Soviet Union, we had a within the VA system. member all the difficult and chal- military that was extraordinarily pow- This includes my constituent, lenging moments, they remember the erful. And Saddam Hussein took on Michelle Comeau, of Dixfield, Maine, things that really bring joy to their America at a time when we were the who was exposed to toxic sarin gas as a life. And one of the joys that I have in most powerful. member of the Army National Guard. life is getting the opportunity to meet Now, with regard to our combat expe- This led to unbearable migraines that some real genuine people. And that’s rience, the combat experience for the have since rendered her 100 percent dis- what MIKE MICHAUD of Maine is. Gulf War was truly also of value, in
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17780 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 that our senior level leadership, the thousands of not only our own troops, comrades. They were there for us and senior NCOs, the First Sergeants, the including myself, but also about 10,000 you remember, and for that I am for- Sergeants Major, the Colonels, the of the U.K. And to think that the DOD ever grateful. Thank you and God- General Officer Corps, the Admirals, was not forthcoming with that infor- speed. they were Vietnam veterans. So as we mation to our veterans for a long time Mr. KUCINICH. Mr. Speaker, I rise in strong went into Operations Desert Shield/ is very disturbing. support of H. Res. 1672, a resolution recog- Desert Storm, the leadership in that I do recall, when I got home I did not nizing the 20th anniversary of the outbreak of war, they said, well, we know what have the physical strength to even run the Persian Gulf War and reaffirming the com- happened during Vietnam, and they al- down to the end of the lane. That is mitment of the United States towards Gulf War ways prided themselves that if they only about 1,000 feet. And here I am, 30 veterans. ever got themselves in another fight years old, physically fit, come back This resolution rightly recognizes the suf- they were going to do things dif- from war and I don’t have the physical fering and the needs of Persian Gulf War vet- ferently. So there was going to be no capacity. Something had happened to erans who continue to suffer from Gulf War such thing as rotation. That’s what me, and I didn’t know what it was. I do Veterans’ Illness, GWI, without an adequate happened in Vietnam. recall that my wife wanted me to go treatment or a cure. One in four of those who So when we arrived in theater in the down to the VA or to go to the doctor, served in the first Gulf War experience mul- first Gulf War, duration was the theme, and I refused to do it. I refused to do it tiple concurrent symptoms including memory not rotation, meaning we will be here because, I said, Joni, if I go, they’re and concentration problems, chronic head- so long as it’s necessary to throw Sad- just going to say it’s in my head. I aches, widespread pain and gastrointestinal dam Hussein out of Kuwait. As it turns made it up. It’s not real. Yet some- problems as a result of neurotoxic exposures out it was 100 days. That was a 100-day thing had happened to my body. during their Gulf War deployment. Research ground war. What isn’t counted, When I then came to Congress, I can also shows that Gulf War veterans suffer from though, is everything that it took to assure you when I look back at it, and Lou Gehrig’s disease at double the rate of pull off a 100-day ground war. all of us know when you run for Con- Bringing out so many of the guards- gress it takes about a year and it takes their non-deployed peers. There is still no ef- men and reservists was extraordinary. a lot out of you physically, and I was fective treatment for these veterans. What was amazing about all this is very sick during that 1 year when I A groundbreaking report issued by the Con- that that type of a call-up of all the first ran for Congress. When I got here, gressionally commissioned VA Research Advi- guardsmen and reservists to then sup- I decided that I had to accept and get sory Committee on Gulf War Veterans’ Ill- port the active elements actually was out of the denial mode and step for- nesses entitled, ‘‘Gulf War Illness and the bringing America to the war. When you ward and provide voice to a lot of my Health of Gulf War Veterans’’ identified two pull out a teacher, you pull out some- comrades, and that is what I chose to definite causes of the disease and a handful one who leads the church choir, you do. of other likely causes: exposure to pesticides pull out someone who is the butcher It is very difficult, especially all of and a drug given to troops to protect them and the baker and you then send them us as public figures, to be willing to from nerve gas. to war, you’re bringing America to step forward and put a face, especially The National Academy of Sciences’ Institute war. And America really at the time your own, on something like that. But of Medicine, IOM, released a groundbreaking was a little shocked. I chose to do that. I remember working report on Gulf War health in April, acknowl- I mean, some of us, for myself the not only with the gentleman from Illi- edging that over 250,000 Gulf War veterans call-up was in 3 days. I got a notice and nois but also Joe Kennedy at the time. suffer from a chronic multisymptom illness that I was gone in 3 days. And it was a pret- That is one of the first things I learned it is not due to psychiatric causes. Perhaps ty extraordinary moment, not only in about politics, too. When you take most importantly, the report recognizes the my life but in a lot of people’s lives. someone like Joe Kennedy and you need for national research program that is When I think back at all of this, I marry him up with STEVE BUYER, when likely to succeed in identifying treatments for really compliment the extraordinary we brought something to the floor, no- GWI that will also benefit other U.S. military leadership, not only of then Dick Che- body voted against it. forces. So the things we were able to do by ney, but also of Colin Powell and Nor- For the past several years, I have led a bi- opening the VA to make sure that man Schwarzkopf. But I also look back partisan effort to support the Gulf War Vet- these veterans got their access to with great pride of the men and women erans’ Illness Research Program within the health care, then creating the com- in theater. I believe that the active Department of Defense’s Congressionally Di- pensation for undiagnosed illnesses, duty, of whom had always sort of rected Medical Research Program. The pro- that was pretty radical. But we knew looked down and chastised the reserve gram was awarded $8 million in fiscal year, that something wrong had happened, components, had new respect for the FY, 2010 and is critical following the Veteran’s and we wanted to make sure that our reserve components. And I look back at Administrations’ decision this year to revisit re- compassion was real, so let’s make sure the Persian Gulf War, it was a defining jected claims for Gulf War Veterans who have we take care of the families. And that moment, I think, at the time for our attempted to access treatment for the illness is exactly what we sought to do. country. linked to their service. The research coming I want to congratulate the gentleman out of this program is among the most prom- b 1820 for bringing this resolution. We have ising in the world for these veterans. We can With regard to the veterans, Mr. moved on to the second Gulf War, and and must do better than to forget the perma- MICHAUD, you are absolutely correct. now we are beginning to complete Iraq nent sacrifices they have made. We must not With a number in excess of 170,000, and we are still in Afghanistan. It is al- rest until we identify treatments for them and when you think of the number of those most as though we have forgotten what ensure the exposures that caused the ill- of us that actually went—I don’t know happened to the veterans in the first nesses are not duplicated. the exact number, probably around Gulf War, and so many of them con- 700,000 of us that went—that is a very tinue to suffer from these physical ail- I urge my colleagues to continue this bipar- large percentage that have some form ments. So when you take a moment tisan effort as the FY 2011 Defense Appro- of an illness. like this, you are really saying unto priations bill and support funding for the Gulf I was pretty startled by all this. I do the American people, ‘‘Hey, we’ve still War Veterans’ Illness Research Program. We recall what it took to sort of expose got some concerns. We still have some owe it to Gulf War veterans and all members that some bad things had happened; very real challenges out there.’’ And as of our Armed Forces to find a treatment. the fact that we had blown up one of I leave, I know that my comrades are Mr. BERMAN. Mr. Speaker, I would ask that the Army depots that contained some in good hands. this exchange of letters between myself and mustard and sarin gas, and that plume So I want to thank all of you for sup- Chairman FILNER and Chairman SKELTON re- was so large that it went over tens of porting the VA and for supporting my garding H. Res. 1672 be submitted.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17781 CONGRESS OF THE UNITED STATES, sian Gulf War and reaffirming the commit- REPORT ON RESOLUTION PRO- COMMITTEE ON FOREIGN AFFAIRS, ment of the United States towards Persian VIDING FOR CONSIDERATION OF HOUSE OF REPRESENTATIVES, Gulf War veterans, was introduced in the SENATE AMENDMENT TO H.R. Washington, DC, November 15, 2010. House of Representatives. This measure was 1722, TELEWORK ENHANCEMENT Hon. IKE SKELTON, sequentially referred to the Committee on ACT OF 2010 AND PROVIDING FOR Chairman, Committee on Armed Services, Veterans’ Affairs. Washington, DC. CONSIDERATION OF MOTIONS TO DEAR MR. CHAIRMAN: Thank you for your The Committee on Veterans’ Affairs recog- SUSPEND THE RULES nizes the importance of H. Res. 1672 and the letter regarding H. Res. 1672, commemo- Mr. ARCURI, from the Committee on rating the Persian Gulf War and reaffirming need to move this resolution expeditiously. the commitment of the United States toward Therefore, while we have valid jurisdictional Rules, submitted a privileged report Persian Gulf War veterans. This measure was claims to this resolution, the Committee on (Rept. No. 111–657) on the resolution (H. referred to the Committee on Foreign Af- Veterans’ Affairs will waive further consider- Res. 1721) providing for consideration fairs, in addition to the Committee on ation of H. Res. 1672. The Committee does so of the Senate amendment to the bill Armed Services, for a period to be subse- with the understanding that by waiving fur- (H.R. 1722) to require the head of each quently determined by the Speaker, in each ther consideration of this resolution it does executive agency to establish and im- case for consideration of such provisions as not waive any future jurisdictional claims plement a policy under which employ- fall within the jurisdiction of the committee over similar measures. concerned. ees shall be authorized to telework, I agree that the Committee on Armed I would appreciate the inclusion of this let- and for other purposes, and providing Services has certain valid jurisdictional ter and a copy of your response during con- for consideration of motions to suspend claims to this resolution, and I appreciate sideration of H. Res. 1672 on the House floor. the rules, which was referred to the your decision to waive further consideration Sincerely, House Calendar and ordered to be of H. Res. 1672 in the interest of expediting BOB FILNER, printed. consideration of this important measure. I Chairman. understand that by agreeing to waive further f consideration, the Committee on Armed CONGRESS OF THE UNITED STATES, RECOGNIZING 500TH ANNIVERSARY Services is not waiving its jurisdictional COMMITTEE ON FOREIGN AFFAIRS, OF THE BIRTH OF ANDREA claims over similar measures in the future. During consideration of this measure on Washington, DC, November 15, 2010. PALLADIO the House floor, I will ask that this exchange Hon. BOB FILNER, Ms. WATSON. Mr. Speaker, I move to of letters be included for the record. Chairman, Committee on Veterans’ Affairs, suspend the rules and agree to the con- Washington, DC. Sincerely, current resolution (H. Con. Res. 259) HOWARD L. BERMAN, DEAR MR. CHAIRMAN: Thank you for your recognizing the 500th anniversary of Chairman. letter regarding H. Res. 1672, commemo- the birth of Italian architect Andrea rating the Persian Gulf War and reaffirming Palladio. HOUSE COMMITTEE ON ARMED SERV- the commitment of the United States toward The Clerk read the title of the con- ICES, HOUSE OF REPRESENTATIVES, Persian Gulf War veterans. This measure was Washington, DC, November 16, 2010. referred to the Committee on Foreign Af- current resolution. Hon. HOWARD BERMAN; fairs, in addition to the Committee on Vet- The text of the concurrent resolution Chairman, Committee on Foreign Affairs, House erans’ Affairs, for a period to be subse- is as follows: of Representatives, Washington, DC. quently determined by the Speaker, in each H. CON. RES. 259 DEAR CHAIRMAN BERMAN: I am writing to you concerning H. Res. 1672, commemorating case for consideration of such provisions as Whereas 2008 was the 500th anniversary of the Persian Gulf War and reaffirming the fall within the jurisdiction of the committee the birth year of the Italian architect An- commitment of the United States towards concerned. drea Palladio; Whereas Andrea Palladio was born Andrea Persian Gulf War veterans. This measure was I agree that the Committee on Veterans’ di Pietro in Padua on November 30, 1508; referred to the Committee on Foreign Af- Affairs has certain valid jurisdictional Whereas Palladio, born of humble origins, fairs, and in addition to the Committee on claims to this resolution, and I appreciate apprenticed as a stonemason in his early life; Armed Services, and Veterans’ Affairs, for a your decision to waive further consideration period to be subsequently determined by the Whereas under the patronage of Count of H. Res. 1672 in the interest of expediting Giangiorgio Trissino (1478–1550), Palladio Speaker, in each case for consideration of consideration of this important measure. I such provisions as fall within the jurisdic- studied architecture, engineering, topog- understand that by agreeing to waive further raphy, and military science in his mid- tion of the committee concerned. consideration, the Committee on Veterans’ Our committee recognizes the importance twenties; Affairs is not waiving its jurisdictional of H. Res. 1672, and the need for the resolu- Whereas in 1540, Count Trissino renamed tion to move expeditiously. Therefore, while claims over similar measures in the future. him ‘‘Palladio’’, a reference to the wisdom of we have a valid claim to jurisdiction over During consideration of this measure on Pallas Athena, as well as the Italian form of this legislation, the Committee on Armed the House floor, I will ask that this exchange the name of the Roman writer of the fourth Services will waive further consideration of of letters be included in the Congressional century, Rutilius Taurus Aemilianus H. Res. 1672. I do so with the understanding Record. Palladius; that by waiving consideration of the resolu- Sincerely, Whereas Palladio’s designs for public tion, the Committee on Armed Services does HOWARD L. BERMAN, works, churches, mansions, and villas rank not waive any future jurisdictional claim Chairman. among the most outstanding architectural over the subject matters contained in the achievements of the Italian Renaissance; resolution which fall within its Rule X juris- Mr. MANZULLO. I yield back the Whereas Palladio’s surviving buildings are diction. balance of my time. collectively included in the UNESCO World Please submit this letter and a copy of Heritage List; your response during consideration of the Ms. WATSON. I yield back the bal- Whereas Palladio’s treatise, ‘‘The Four measure on the House floor. Thank you for ance of my time. Books of Architecture’’, ranks as the most the cooperative spirit in which you have The SPEAKER pro tempore. The influential publication on architecture ever produced and has shaped much of the archi- worked regarding this matter and others be- question is on the motion offered by tween our respective committees. tectural image of Western civilization; Very truly yours, the gentlewoman from California (Ms. Whereas ‘‘The Four Books of Architec- IKE SKELTON, WATSON) that the House suspend the ture’’ has served as a primary source for Chairman. rules and agree to the resolution, H. classical design for many architects and Res. 1672, as amended. builders in the United States from colonial COMMITTEE ON VETERANS’ AFFAIRS, times to the present; HOUSE OF REPRESENTATIVES, The question was taken; and (two- Whereas Thomas Jefferson called Washington, DC, November 15, 2010. thirds being in the affirmative) the Palladio’s ‘‘The Four Books of Architecture’’ Hon. HOWARD L. BERMAN, rules were suspended and the resolu- the ‘‘Bible’’ for architectural practice, and Chairman, Committee on Foreign Affairs, House tion, as amended, was agreed to. employed Palladio’s principles in estab- of Representatives, Washington, DC. lishing lasting standards for public architec- DEAR MR. CHAIRMAN: On September 28, A motion to reconsider was laid on ture in the United States and in con- 2010, H. Res. 1672, commemorating the Per- the table. structing his own masterpiece, Monticello;
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17782 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 Whereas our Nation’s most iconic build- Best known for his villas, churches, b 1830 ings, including the United States Capitol and public buildings, Palladio incor- Building and the White House, reflect the in- I urge my colleagues to join in sup- porated many traditional architectural porting the adoption of this resolution. fluence of Palladio’s architecture through elements of ancient Rome in his work the Anglo-Palladian movement, which flour- I reserve the balance of my time. ished in the 18th century; to become the favorite architect of Ve- Ms. WATSON. Mr. Speaker, I yield 4 Whereas Palladio’s pioneering reconstruc- netian high society. minutes to the gentleman from New tion and restoration drawings of ancient Palladio’s treatise, ‘‘The Four Books Jersey (Mr. PASCRELL). Roman temples in ‘‘The Four Books of Ar- of the Architecture,’’ canonized what Mr. PASCRELL. Mr. Speaker, I rise chitecture’’ provided inspiration for many of was to become known as the Palladian in strong support of H. Con. Res. 259, the great American classical edifices of the architectural style, which continues to honoring the life and work of Andrea 19th and 20th centuries, in the period known influence Western architecture to this Palladio. as the American Renaissance; day. As cochair of the Italian American Whereas the American Renaissance Some of Palladio’s surviving villas Caucus, I have had the privilege of hon- marked the high point of the classical tradi- tion and enriched the United States from have been included on the UNESCO oring the contributions of explorers coast to coast with countless architectural World Heritage list. like Christopher Columbus, scientists works of timeless dignity and beauty, includ- Not only do his works remain an im- like Galileo, and artists like ing the John A. Wilson Building, the seat of portant part of Italy’s rich cultural Constantino Brumidi. Constantino did government of the District of Columbia; legacy, but his influence on architec- most of the fresco work in this Capitol. Whereas the American architectural monu- ture is evident throughout much of Eu- He came to the United States with ments inspired both directly and indirectly rope and America as well. nothing in his pocket to become an by the writings, illustrations, and designs of Thomas Jefferson made great use of American citizen. He became an Amer- Palladio form a proud and priceless part of our Nation’s cultural heritage; and the Palladian style in constructing his ican citizen in a very short period of Whereas organizations, educational insti- own masterpiece, Monticello, and es- time, and then he set out to perform tutions, governmental agencies, and many tablishing lasting standards for public his great works here, not only in the other entities have been celebrating this spe- architecture in the United States. In Capitol, but in many places in New cial 500-year anniversary, including the fact, one has to look no farther than York City. Italian National Committee for Andrea the building we are presently standing Or how about veterans, like Sergeant Palladio 500, the Centro Internazionale di in to see firsthand Palladio’s influence John Basilone, who in the Second Studi di Architettura Andrea Palladio, the on architectural design. World War was the highest decorated Palladium Musicum, Inc., the Istituto Italiano di Cultura, and the Institute of Clas- I urge my colleagues to support this member of the Armed Forces. He was sical Architecture and Classical America, as important resolution and to express wounded at Guadalcanal. He came back well as other Italian and Italian American our gratitude for the impact that An- to the States and sold war bonds. That cultural organizations, such as the Italian drea Palladio’s life and career has had wasn’t his kick. He asked to go back Heritage and Culture Committee of New on architecture in our country. into the Pacific Theater. He got to Iwo York, Inc., and the Italian Cultural Society I reserve the balance of my time. Jima. The third day he was back, he of Washington, DC, Inc., with a wide variety Mr. MANZULLO. Mr. Speaker, I yield was killed. In 2005, we had a stamp for of public programs, publications, symposia, myself such time as I may consume. Sergeant Basilone. Just this year we proclamation ceremonies, and salutes to the I stand in strong support of this reso- named a building after him in New Jer- genius and legacy of Palladio: Now, there- lution, which recognizes the architec- fore, be it sey. We named a bridge after him, the Resolved by the House of Representatives (the tural genius of a man who was born highest-decorated person in the history Senate concurring), That Congress— over 500 years ago and continues to in- of the Armed Forces of the United (1) recognizes the 500th anniversary of An- spire the work of architects today. States of America. drea Palladio’s birth year; Andrea Palladio was born into a fam- I bring his name up also because (2) recognizes his tremendous influence on ily of modest means and rose through there is a legacy here that is shared architecture in the United States; and society as a result of his hard work, with American history, and it changes (3) expresses its gratitude for the enhance- commitment to learning, and dedica- ment his life and career has bestowed upon somewhat the stereotyping of Italian the Nation’s built environment. tion to his trade. Americans. I hope it does. I am proud Palladio is best known for his work, to be an Italian American, and I know The SPEAKER pro tempore. Pursu- ‘‘The Four Books of Architecture,’’ and ant to the rule, the gentlewoman from Mr. MANZULLO is, and we know what by 1554 he was named the chief archi- California (Ms. WATSON) and the gen- that stereotyping is. Stereotyping was tect of the Republic of Venice. tleman from Illinois (Mr. MANZULLO) not invented in the 20th century. So Palladio’s work defined the renais- this is one of the reasons why we have each will control 20 minutes. sance style of architecture. Thomas The Chair recognizes the gentle- presented this. Jefferson utilized his principles in de- woman from California. It is only right that today we honor signing his home at Monticello, as well this influential architect, Andrea GENERAL LEAVE as when he designed the plans for the Ms. WATSON. Mr. Speaker, I ask Palladio. He was born Andrea di Pietro University of Virginia. in Padua, Italy, on November 30, 1508. unanimous consent that all Members The Palladian style served as inspira- may have 5 legislative days to revise He spent his life studying architecture, tion to many architects during the 18th and extend their remarks and include engineering, topography and military century when they designed the United extraneous material on the resolution service. States Capitol, where we meet today, under consideration. As was mentioned, his very famous The SPEAKER pro tempore. Is there as well as other government buildings masterpiece is ‘‘The Four Books of Ar- objection to the request of the gentle- and monuments in and around Wash- chitecture.’’ Jefferson called these four woman from California? ington, D.C. books the ‘‘Bible’’ for architectural There was no objection. Indeed, Palladio’s influence goes be- practice, the protocol, and he employed Ms. WATSON. Mr. Speaker, I rise in yond architecture to touch the lives of Palladio’s principles in establishing strong support of this legislation, and I countless Italian immigrants in this the lasting standards up to this date in yield myself such time as I may con- country. Americans of Italian heritage America and in the constructing of his sume. carry on the Palladio work ethic and own masterpiece, Monticello. Our Na- This resolution marks the 500th anni- commitment to excellence. tion’s most iconic buildings and the versary of the birth of noted Italian ar- In this resolution today, we recall White House itself reflect the influence chitect Andrea Palladio. the life of Andrea Palladio and recog- of his great architecture. Born Andrea di Pietro in Padua on nize the significant contributions he There is no better way to honor the November 30, 1508, Palladio was widely made to Western architecture and to close ties between Italy and the United acclaimed as the leading architect of the cultural heritage of the United States than to look to our shared cul- the Italian Renaissance. States. tural history, and much of it is shared.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17783 I would like to thank my Italian Whereas the United States possesses all cessful World Cup in history. Spread American Caucus cochair, PAT TIBERI, necessary state-of-the-art infrastructure in across the country in nine host cities, and Ambassador Giulio Terzi, for all of its stadia and potential host cities to ensure we accommodated more fans than any that the competition sets a new standard of their work bringing this resolution to quality, comfort, security and safety for previous World Cup, reached a record the floor. I urge my colleagues to join players, officials, spectators, media, and television audience around the world, me in supporting such an important sponsors alike; and in the process fueled the develop- figure in the history of both our Nation Whereas hosting the FIFA World Cup in ment of the beautiful game in America. and Italy. the United States promises record-setting Hosting the World Cup again would Mr. MANZULLO. I yield back the attendance and financial performance, allow- be a great honor for our Nation, and I balance of my time. ing revenues generated by the competition wholeheartedly support H. Con. Res. Ms. WATSON. Mr. Speaker, I yield to be used for the further development of 327, which supports the USA Bid Com- soccer and FIFA’s objectives of positive so- back the balance of my time. mittee’s efforts to bring the 2022 FIFA The SPEAKER pro tempore. The cial and environmental change; Whereas hosting the 2022 FIFA World Cup World Cup back to the United States. question is on the motion offered by competition in the United States would In May of this year, the USA Bid the gentlewoman from California (Ms. serve as a tremendous impetus to national Committee presented our bid to FIFA, WATSON) that the House suspend the and international goodwill, as the competi- which, in addition to information on rules and agree to the concurrent reso- tion would bring people from many nations, logistics, includes a 10-year plan to use lution, H. Con. Res. 259. along with a diverse American public, to- soccer as a tool to promote education, The question was taken; and (two- gether under one banner of peace, friendship, health, development, and peace. and spirited but fair competition; and thirds being in the affirmative) the In addition to bringing the world’s rules were suspended and the concur- Whereas pursuant to FIFA bidding proce- dures, the President of the United States and attention to the United States for one rent resolution was agreed to. certain Federal agencies have issued guaran- month in 2022, hosting the tournament A motion to reconsider was laid on tees that upon authorization or appropria- would also generate a tremendous the table. tion, would establish the conditions required amount of revenue. The USA Bid Com- f to help make the 2022 FIFA World Cup com- mittee estimates that ticket sales petition the most successful in history: Now, SUPPORTING EFFORTS TO BRING alone will generate over $1 billion and therefore be it visitors are expected to spend an addi- WORLD CUP TO THE UNITED Resolved by the House of Representatives (the STATES Senate concurring), That the Congress— tional $5 billion on accommodations, transportation, and communications. Ms. WATSON. Mr. Speaker, I move to (1) recognizes and supports the efforts of The licensing and sponsorship of the suspend the rules and agree to the con- the USA Bid Committee to bring the 2022 FIFA World Cup competition to the United tournament will likewise bring revenue current resolution (H. Con. Res. 327) to States; into the country, and the spotlight on recognize and support the efforts of the (2) encourages the President of the United the United States will encourage in- USA Bid Committee to bring the 2018 States and appropriate Federal agencies to vestment in our economy. or 2022 Federation Internationale de support the USA Bid Committee in its ef- I commend the gentleman from Football Association (FIFA) World Cup forts to meet all requirements for the United Maryland (Mr. VAN HOLLEN) for author- competition to the United States, as States to host the 2022 FIFA World Cup com- ing this important resolution, and I amended. petition; and urge all of my colleagues to join me in The Clerk read the title of the con- (3) stands prepared to give full consider- ation to a request by the President to pro- expressing strong support for the 2022 current resolution. vide support related to the 2022 FIFA World World Cup bid. The text of the concurrent resolution Cup competition, if the United States is se- is as follows: Mr. Speaker, I reserve the balance of lected to host this event. my time. H. CON. RES. 327 The SPEAKER pro tempore. Pursu- Mr. MANZULLO. Mr. Speaker, I yield Whereas soccer is one of the most popular ant to the rule, the gentlewoman from myself such time as I may consume sports in the world and the FIFA World Cup California (Ms. WATSON) and the gen- and rise in support of H. Con. Res. 327, competition is the single most important tleman from Illinois (Mr. MANZULLO) event in that sport; a bipartisan measure recognizing the will each control 20 minutes. efforts of the USA Bid Committee to Whereas the United States successfully The Chair recognizes the gentle- hosted in 9 cities throughout the Nation the bring the World Cup to the United woman from California. 1994 FIFA World Cup competition, which was States. broadcast to billions of fans around the GENERAL LEAVE On December 2, the Executive Com- world and set an attendance record of nearly Ms. WATSON. Mr. Speaker, I ask mittee of the International Federation 3,600,000, which remains unbroken today; unanimous consent that all Members of Football Associations, or FIFA, will Whereas the 1994 FIFA World Cup competi- may have 5 legislative days to revise be voting and announcing the host tion served as a catalyst for the increased and extend their remarks and include countries for the 2018 and 2022 FIFA popularity and development of the game extraneous material on the resolution World Cup competitions. throughout the United States, as well as the under consideration. introduction of Major League Soccer, the The SPEAKER pro tempore. Is there b 1840 United States national first division profes- objection to the request of the gentle- sional soccer league; A month ago, the United States de- Whereas the United States Soccer Federa- woman from California? cided to focus solely on its bid for 2022. There was no objection. tion has established the USA Bid Committee My colleagues will recall that the U.S. Ms. WATSON. Mr. Speaker, I rise in to prepare and submit a bid to host the 2022 hosted a highly successful World Cup 16 FIFA World Cup competition in the United strong support of this resolution and yield myself such time as I may con- years ago, in 1994. States; In addition to holding opening cere- Whereas 18 American cities have been sume. named by the USA Bid Committee as can- Every 4 years during the FIFA World monies and the first match in my home didates to serve as hosts to FIFA World Cup Cup, the world is captivated and ob- State of Illinois, that tournament set matches in 2022, with each of these cities em- sessed with soccer. We watch young World Cup attendance records, drawing bodying the diversity and enthusiasm shared men take to the field representing nearly 3.6 million live spectators at by the entire Nation and guaranteeing each their respective nations, and we proud- matches that were broadcast to bil- participating team and its followers a ‘‘home ly fly our national flags and sing our lions of viewers around the world. It team’’ atmosphere; national anthems. But the World Cup was a great success for the World Cup Whereas the United States offers FIFA a and a huge boost for the game in the valuable and receptive market within which is not just a soccer tournament. As a to further develop the sport of soccer, which truly global event, it is a vehicle for United States. Since that time, soccer in turn will have significant impact on and bringing the world closer together. has grown significantly in this coun- off the field in both the United States and In 1994, the United States hosted try, both as a participant and a spec- throughout the world; what has been hailed as the most suc- tator sport.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17784 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 I can think of no better venue for the Mr. MANZULLO. I have no further from foster care above other forms of adop- 2022 FIFA World Cup than the United requests for time, and I yield back the tion; States of America. We boast the second balance of my time. Whereas 45 percent of people in the United Ms. WATSON. Mr. Speaker, I yield States believe that children enter the foster largest number of players in the world, care system because of juvenile delinquency, with over 24 million Americans play- back the balance of my time. when in reality the vast majority of children ing. With nearly 4 million young people The SPEAKER pro tempore. The in the foster care system were victims of ne- playing in more than 6,000 clubs and question is on the motion offered by glect, abandonment, or abuse; leagues, the United States leads the the gentlewoman from California (Ms. Whereas 46 percent of people in the United world in youth players—those who are WATSON) that the House suspend the States believe that foster care adoption is most committed and important to the rules and agree to the concurrent reso- expensive, when in reality there is no sub- future of the game. With our state-of- lution, H. Con. Res. 327, as amended. stantial cost for adopting from foster care, and financial support in the form of an adop- the-art stadiums and broadcast facili- The question was taken; and (two- tion assistance subsidy is available to adop- ties, we also have the best possible in- thirds being in the affirmative) the tive families of eligible children adopted frastructure to make the 2022 World rules were suspended and the concur- from foster care and continues after the Cup accessible to the people of the rent resolution, as amended, was adoption is finalized until the child is 18, so world. agreed to. that income will not be a barrier to becom- For these and many other reasons, The title was amended so as to read: ing a parent to a foster child who needs to holding the 2022 FIFA World Cup in the ‘‘Concurrent resolution recognizing belong to a family; and supporting the efforts of the USA Whereas significant tax credits are avail- United States would be good for FIFA able to families who adopt children with spe- and good for the economy of the United Bid Committee to bring the 2022 Fed- cial needs; States. Thus, it is fitting that today we eration Internationale de Football As- Whereas the Department of Health and join together across party lines to com- sociation (FIFA) World Cup competi- Human Services, Administration for Chil- mend and support the efforts of the tion to the United States.’’. dren and Families, in a partnership with the USA Bid Committee to bring the World A motion to reconsider was laid on Ad Council, supports a national recruitment Cup competition to the United States the table. campaign for adoptive parents; Whereas the Collaboration to AdoptUsKids in 2022. f features a photolisting Web site for waiting Mr. VAN HOLLEN. Mr. Speaker, with the SUPPORTING NATIONAL ADOPTION foster children and prospective adoptive fam- excitement of this year’s FIFA World Cup DAY AND MONTH ilies at www.adoptuskids.org, and in Spanish competition in South Africa and the achieve- at www.adopte1.org; ments of the U.S. Men’s National Team still Mr. MCDERMOTT. Mr. Speaker, I Whereas National Adoption Day is a collec- fresh in our minds, I rise to support efforts to move to suspend the rules and agree to tive national effort to find permanent, loving bring the world’s most popular sporting the resolution (H. Res. 1648) supporting families for children in the foster care sys- event—the FIFA World Cup competition—back the goals and ideals of National Adop- tem; Whereas since the first National Adoption to our country. tion Day and National Adoption Month by promoting national awareness of Day in 2000, over 30,000 children have joined In 1994, our nation hosted the FIFA World forever families during National Adoption Cup tournament. That tournament still holds adoption and the children in foster care Day; the record for the highest attendance in his- awaiting families, celebrating children Whereas in 2009, adoptions were finalized tory, with an overall attendance of 3.6 million. and families involved in adoption, rec- for nearly 5,000 children through more than It also spurred the development and popularity ognizing current programs and efforts 325 National Adoption Day events in all 50 of soccer in this country, leading to the cre- designed to promote adoption, and en- States, the District of Columbia, and Puerto ation of Major League Soccer, the United couraging people in the United States Rico; States’ national first division professional soc- to seek improved safety, permanency, Whereas National Adoption Month cele- brates the gift of adoption, recognizing the cer league. and well-being for all children. The Clerk read the title of the resolu- adoptive and foster families who share their Building upon this country’s enormous suc- hearts and homes with children in need, and cess in hosting the FIFA World Cup in 1994, tion. raises awareness of the need for families for the US Soccer Federation—through the USA The text of the resolution is as fol- the many waiting children, particularly Bid Committee—has submitted a very strong lows: older children and teens, children of color, bid to host the 2022 competition. H. RES. 1648 members of sibling groups, and children with Bringing the FIFA World Cup tournament Whereas there are over 423,000 children in physical and emotional challenges; and back to the United States will both contribute the foster care system in the United States, Whereas November 2010 is National Adop- to the further growth of soccer in America and and more than 114,000 of whom are waiting tion Month, and November 20, 2010, is Na- for families to adopt them; tional Adoption Day, and activities and in- stimulate the economies of dozens of cities formation about both are available at and states that hope to serve as hosts to na- Whereas 56 percent of the children in foster care are age 10 or younger; www.childwelfare.gov/adoption/nam/activi- tional teams and spectators from around the Whereas the average length of time a child ties.cfm: Now, therefore, be it Resolved, That the House of Representa- world. Eighteen communities across the coun- spends in foster care is more than 2 years; tives— try, including Washington, DC, and Baltimore, Whereas for many foster children, the wait (1) supports the goals and ideals of Na- MD, are working with the USA Bid Committee for a permanent, adoptive, ‘‘forever’’ family tional Adoption Day and National Adoption to serve as potential hosts for the games dur- in which they are loved, nurtured, com- Month; forted, and protected seems endless; ing the month-long competition. (2) recognizes that every child in foster Whereas the number of youth who ‘‘age I want to thank Chairman BERMAN and care deserves a permanent and loving family; out’’ of the foster care system by reaching Ranking Member ROS-LEHTINEN as well as my (3) recognizes the significant commitment adulthood without being placed in a perma- fellow co-chairs of the Congressional Soccer of taxpayers to support adoption, including nent home has increased by more than 55 the $1,900,000,000 provided to support adop- Caucus—GEORGE MILLER, DAVE REICHERT, percent since 1999, as more than 29,000 foster tion through the Title IV–E Adoption Assist- and MARY BONO MACK—for their support of youth ‘‘aged out’’ of foster care during 2009; ance program, as well as the assistance pro- this important resolution. Whereas every day loving and nurturing vided through the Title IV–E Foster Care Mr. Speaker, the United States faces formi- families are strengthened and expanded when program to 114,000 children waiting for adop- committed and dedicated individuals make dable competition in hosting the 2022 FIFA tive families, among other important pro- an important difference in the life of a child World Cup tournament from several countries grams; and through adoption; in Asia and Australia, but with Congressional (4) encourages the citizens of the United Whereas while 3 in 10 people in the United encouragement and support for USA Bid States to consider adoption of children in States have considered adoption, a majority foster care who are waiting for a permanent, Committee’s effort in advance of FIFA’s deci- of them have misconceptions about the proc- loving family. sion on December 2nd, it would send an im- ess of adopting children from foster care and portant message to FIFA at this critical time. the children who are eligible for adoption; The SPEAKER pro tempore. Pursu- I urge my colleagues to support this timely Whereas 71 percent of those who have con- ant to the rule, the gentleman from resolution. sidered adoption consider adopting children Washington (Mr. MCDERMOTT) and the
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17785 gentlewoman from Florida (Ms. GINNY served by the foster care system has b 1850 BROWN-WAITE) each will control 20 steadily declined by 14 percent over the As such, the Federal Government has minutes. same period. rightly stepped in to relieve the finan- The Chair recognizes the gentleman Earlier this year, as part of the land- cial burden on adoptive families, and in from Washington. mark legislation that provided for doing so has made adoption more af- GENERAL LEAVE health care coverage to all Americans, fordable to people of all income levels, Mr. MCDERMOTT. Mr. Speaker, I ask additional incentives and initiatives but much still remains to be done. The unanimous consent that all Members were taken to promote adoption. The resolution that we are considering may have 5 legislative days in which to Affordable Care Act included legisla- today is an important reaffirmation of revise and extend their remarks and in- tion that repealed the sunset date on our commitment to improving the clude extraneous material on H. Res. the adoption tax credit for 1 year— lives of foster children everywhere, and 1648. from 2010 to 2011—and increased the I thank my colleagues on both sides of maximum amount under the credit. The SPEAKER pro tempore. Is there the aisle for their support and atten- The legislation also made the Adoption objection to the request of the gen- tion to this matter. tleman from Washington? Tax Credit refundable for tax years 2010 While we are on the subject of adop- There was no objection. and 2011. tion, Mr. Speaker, I want to mention While Congress has had great success Mr. MCDERMOTT. Mr. Speaker, I one more thing. It has been brought to in promoting the adoption of children rise in strong support of H. Res. 1648, my attention that the Democratic out of foster care, there are still far too which supports the goals and the ideals leadership has pulled another very im- many children in foster care who are of National Adoption Day and National portant adoption bill from the schedule waiting far too long to find a perma- Adoption Month. Children deserve this week. Actually, I understand that nent home. We need to continue to nothing less than to grow up in a safe, they hope to use it as a vehicle to pass stable, and loving home. While the vast work together to ensure that States have the resources they need to swiftly an unrelated measure called the majority of children are raised in such DREAM Act. The adoption bill in ques- settings, there are a number of vulner- move children into adoptive homes when it is appropriate to do so. tion is called the Help HAITI Act. It able children who are victims of child was introduced by Congressman FOR- maltreatment or may have lost their I look forward to continuing to work with all my colleagues to achieve that TENBERRY in response to the tragic parents in a tragedy and are now in earthquake in Haiti some months ago. search of a new home to call their own. goal. I urge my colleagues to join me in supporting H. Res. 1648. His legislation has passed the House Today, there are more than 423,000 and the Senate, and it was designated children in the foster care system in I reserve the balance of my time. Ms. GINNY BROWN-WAITE of Flor- to assist children orphaned by one of this country. Many of these children ida. Mr. Speaker, I rise today in sup- the greatest natural disasters in recent will be reunited with their biological port of House Resolution 1648, which memory. parents when it is safe for them to do recognizes the goals and ideals of Na- A family in my district has adopted so, while others will find a permanent tional Adoption Day and Month. As one of those children. He is a 3-year-old home with a grandparent or other rel- you know, November 20 will mark this boy named Samuel. After being aban- ative. Meanwhile, more than 114,000 year’s annual National Adoption Day doned, with no record of who his par- children will be unable to safely return celebration. All across our great coun- ents were, Samuel got a second chance to their biological parents and need to try, communities will gather together at having a family. Sadly, his adoption find a new home. to celebrate the adoptions that have is stuck in limbo now because of this Over the last several years, Congress been finalized this year and those that action. Congressman FORTENBERRY’s has worked in a bipartisan manner to we hope will be finalized next year. In bill would change that. It has passed provide services that promote foster this spirit of community and family, the House, and it has passed the Sen- care outcomes for children in foster this is what makes the National Adop- ate. All little Samuel needs is one care that are positive and to facilitate tion Day so very effective and also so clean vote and a stroke of the Presi- the timely placement of a child into an very important in the lives of the Na- dent’s pen. adoptive home. In 2008, Congress passed tion’s more than 423,000 foster chil- To hold these children hostage in an the Fostering Connections to Success dren—more than half of whom are effort to disguise a vote on a controver- and Increasing Adoptions Act, which under the age of 10. sial piece of legislation that has no provided an array of new services to The issue truly is an urgent one, Mr. hope of becoming law is completely un- strengthen the foster care system. The Speaker. Each year as children grow acceptable. Frankly, Mr. Speaker, this legislation expanded the number of older, it becomes harder and harder to is exactly the kind of skullduggery permanency options made available to place them with ‘‘forever’’ families. In that the American people have grown children who are in search of new fact, sadly, last year, 29,000 children so sick of. If the DREAM Act or any homes by allowing States to use Fed- ‘‘aged out’’ of the foster care system other piece of legislation cannot stand eral assistance to relatives to agree to and are now on their own. As someone on its own merits, then the sponsors of become the legal guardians of foster who adopted an older child, I know the bill need to go back to the drawing children. The bill also extended and what this means to so many families board and find something that can improved the Adoption Incentives Pro- and so many children—in particular, to stand on its own merits. gram and required States to inform older children. I call adopting an older The Help HAITI Act is one vote away prospective adoptive parents of their child the toughest job I’ve ever had but from being sent to the President’s potential eligibility for the Federal also the one that was the most reward- desk. I strongly urge the Senate Demo- Adoption Tax Credit. ing. crat leaders to allow the House to vote So far, we have seen positive results In so many cases, adoption is the key to pass the Haiti adoption bill. If they in the area of adoption. Last year, to breaking the cycle of abuse for chil- choose not to, I hope that the current 57,000 children were adopted out of fos- dren who otherwise would languish in Speaker will at least have the decency ter care. That’s a 3.5 percent increase dangerous homes. Perhaps it goes with- to look Samuel and his parents in the over the previous year. The increase in out saying how important it is for chil- eyes and explain the nefarious decision the number of children adopted out of dren to grow up in loving and sup- to them. care reflects a trend that occurred over porting families. Yet with thousands I reserve the balance of my time. the last several years. Since 2006, the upon thousands of children still being Mr. MCDERMOTT. Mr. Speaker, I number of children adopted out of fos- denied this most fundamental oppor- yield 2 minutes to the gentlewoman ter care has increased by 10.5 percent. tunity, Congress must continue to do from Texas (Ms. JACKSON LEE). Remarkably, this increase has occurred what it can to support their efforts to Ms. JACKSON LEE of Texas. I thank as the number of children who are find a home. the distinguished gentleman of the
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17786 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 Ways and Means Committee, and I The Help HAITI Act helps 1,200 Hai- So I think the legislation this young thank the Ways and Means Committee tian orphans who were in the process of lady is talking about is extremely im- for the very fine leadership that it has being adopted before the tragic earth- portant. It sends a message that we exhibited, particularly tonight, by quake hit that country. We could have really care about those who don’t have bringing to the floor legislation spon- passed this on Monday, and it could be homes and who need to be adopted. sored by a very good friend, Mr. OBER- law by now. Yet now, I understand, this b 1900 STAR. bipartisan Help HAITI Act may be used Mr. Speaker, I chair the Congres- as a vehicle for a controversial immi- I sincerely hope that my colleagues sional Children’s Caucus, and I really gration measure for which there is no on both sides of the aisle will do every- wanted to rise and speak from the consensus in this body or across Amer- thing they can to make sure this gets heart, for Mr. MCDERMOTT shared with ica. passed and to the President as quickly us, as the minority manager as well, While the legal status of these vul- as possible. some of the pain that goes with chil- nerable Haitian orphans remains in Mr. MCDERMOTT. Mr. Speaker, I re- dren who need to be adopted. limbo, they have fewer legal protec- serve the balance of my time. Some years ago, I chaired the Foster tions. They may not be eligible for Ms. GINNY BROWN-WAITE of Flor- Parent Task Force for Harris County, critical resources, and they may be at ida. Mr. Speaker, I have no more Mem- and I had the privilege of chairing it risk of being returned to Haiti. Now, bers who wish to speak on this, but I’d with one of our former colleagues, Con- surely, we can act to solve this prob- just like to close by saying I think that gressman Mike Andrews. We chaired lem free of partisan provocation. this House Resolution 1648 is a very that task force to recruit, to restore, So, Mr. Speaker, I say this: These good one. I urge my colleagues to sup- to rejuvenate foster parents, and to en- poor children and their heroic Amer- port it but also to keep up the pressure courage them in their parenting and in ican families deserve better than what on the current Speaker to release the their loving of foster children. In the we are giving them today. Haiti adoption bill. With that, I yield back the balance of course of that task, I learned of aging Mr. MCDERMOTT. Mr. Speaker, I re- out—children who were in the foster serve the balance of my time. my time. Mr. MCDERMOTT. Mr. Speaker, I care system and not adopted. There- Ms. GINNY BROWN-WAITE of Flor- think in closing it’s important to point fore, at the end of the foster care time- ida. Mr. Speaker, I yield 3 minutes to out that children are children, and frame, they were aged out without any the gentleman from Indiana (Mr. BUR- while we may talk about some Haitian parental jurisdiction, love, affection, TON). children who want to be adopted in the or nurturing. I met many of those chil- Mr. BURTON of Indiana. I thank the United States, we have an immigration dren on the streets of Houston. I imag- gentlelady for yielding. policy in this country that is sending ine, if I were to travel from the east Mr. Speaker, adoption was very near children back from my district to their coast to the west coast, I would meet and dear to the heart of a friend of country because we have got an immi- children like that, children of America mine who passed away a few years ago. gration system that does not work. I who deserve better lives. His name was Dave Thomas. Many of So I rise to support this legislation. I you have heard of him because he actually think we ought to think a lit- applaud Mr. OBERSTAR, the Ways and started a chain of restaurants called tle bit more about people in this coun- Means Committee, Mr. MCDERMOTT, Wendy’s, which is now known world- try and how we get the immigration and of course the staff who saw fit to wide. policy rather than trying to say, well, acknowledge that this is National Dave was a child who was adopted. we’ve got to worry about these people Adoption Day and National Adoption His adoptive mother died, and his fa- somewhere else. Part of this election Month, because, if there is anything ther, because he couldn’t take care of was fought over the issue of immigra- precious in our sights—and for those him, left him in Fort Wayne, Indiana, tion policy, and this country needs a whose faiths point them to a higher au- at a YMCA when he was about 14 years fair way for people to proceed toward thority—it is that about children. old, and he was left pretty much to an ability to become a citizen. Adoption is an honorable and welcomed fend for himself. Because of that expe- Now, you want these Haitian kids to next step for a child in foster care, a rience that Dave wrestled with as a come in here. What about their citizen- child who is abused and possibly, if you boy, he ended up becoming one of the ship? I mean, they just get here; will, unloved. strongest advocates for adoption that I they’re going to sit here forever and I ask my colleagues to support this have ever known. never get citizenship? I have a boy in enthusiastically because we need to He worked very hard to get a postage my district who was 6 years old when end the pain in the eyes of the children stamp adopted—it was adopted—which he came here, and no one told him he and in their hearts by allowing them spelled out the need to adopt children had to go down and fill out some papers and hoping for them to be adopted. who didn’t have homes. On every one of when he got to be 18 and choose his Ms. GINNY BROWN-WAITE of Flor- his restaurant maps, he had the ways citizenship. So now we’re trying to ida. Mr. Speaker, I yield 3 minutes to to adopt a child, and he had pictures of send him back to a country that he the gentleman from Nebraska (Mr. children who should have been adopted. never lived in since he was 6 when he FORTENBERRY). So, from a person who had that per- came, and so there are real problems Mr. FORTENBERRY. I thank the sonal experience, who was Dave Thom- with children in this country, and I gentlelady from Florida for the time as, I learned that adoption was ex- think we can deal with this one and and also for her good words earlier. tremely important for the security and we’ll deal with the other one. Mr. Speaker, the selfless love inher- the future of these children. The other body has kept their foot on ent in adoption shows the remarkable Now there are these children we are these issues over and over and over capacity of the human heart to talking about from Haiti. Obviously, again, and I think we ought to deal strengthen a fractured world one child the problems there are herculean. with this issue and then we’ll deal with in need at a time, and I am very glad Right now, there is a cholera epidemic the other issue. We’ll see whether that Congress today is taking the time down in Haiti, and it’s probably going they’re really serious about all chil- to honor adoption. to get worse. They’re talking about dren. I must add, however, that I am very maybe thousands of people becoming I urge my friends and the Members of disheartened that a bill to help Haitian infected with this deadly disease. Can the Congress to vote for this resolu- orphans, which has passed this House, you imagine if any of these children tion. as the gentlelady from Florida has had to be sent back there under Haiti’s Mr. CAMP. Mr. Speaker, I am pleased to said, and which has passed the Senate current conditions? Even if they didn’t rise today in support of H. Res. 1648, a reso- with amendments, has now been aban- have that kind of an epidemic, you lution that recognizes the importance of fed- doned in secret meetings by this body’s wouldn’t want to send them back eral efforts to encourage adoption, and honors leadership. there. National Adoption Day and Month.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00021 Fmt 0688 Sfmt 9920 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17787 As an avid adoption supporter, I believe that recognizes the goals and ideals of National my late wife, Jo, unsuccessful in our hope for Congress must continue to promote the adop- Adoption Day and National Adoption Month. I biological children, turned enthusiastically to tion of children into safe and loving homes. would also like to thank Chairman OBERSTAR adoption. Through our work in 1997 as part of the Adop- for introducing this resolution and for his rec- Like all prospective adoptive parents, we tion and Safe Families Act, and more recently ognition of this important issue. completed the paperwork and the home study through the Fostering Connections to Success As a practicing OB/GYN physician for nearly process—which every adoptive parent can re- and Increasing Adoptions Act of 2008, Con- 30 years before being elected to Congress, I member. We were overjoyed to welcome gress made significant advances in providing have seen first hand the life-changing role of home our adorable 3-week old son Ted in more options for children in need. adoption services for families and children all 1968. Jo and I had no doubt that since we Yet, far too many children, about 114,000, across the Nation. Adoption and foster care made the decision to accept as our own, one are waiting in foster care programs throughout are extraordinary means for child survivability. of God’s children, that He blessed us with our country for families to adopt them. These In fact, 45 percent of Americans believe that Noelle, Annie and Monica. children should be given every opportunity to children are placed in foster care due to some For these past 36 years, I have reveled in lead successful lives, and one way to make form of juvenile delinquency, but the unfortu- wearing my legislative hat, as a Member of that happen is to increase the adoption of nate reality is that these children are primarily Congress, as an advocate for effective public these children into safe, permanent, loving victims of abuse or neglect. For so many of policy to eliminate the barriers to adoption and homes. these youth, the care they receive in foster the need to work on behalf of children and That is why National Adoption Day and homes and adoption agencies provides them families to promote this life-affirming experi- Month are so important. This year, National the only home they ever know. Sadly, year ence. Adoption Day will take place on November 20, after year, we see thousands of children ‘‘age Adoption has made enormous strides in 2010, and is designed for communities around out’’ of foster care and enter adulthood. these 36 years. In the late 1970s, I had the the country to highlight adoptions. Over the Mr. Speaker, every child in this Nation and opportunity to bend the ear of President Carter last decade, these events have grown more around the world deserves a loving family that with my radical proposal for an adoption de- and more successful. Last year there were will take care of them and provide for their duction that would be equivalent to the cost of events in all 50 states during which the adop- basic needs. I applaud the many organizations childbirth. In the 1980s, I joined with my tions of 4,800 children were finalized. Since its across the United States that tirelessly strive former colleague, Tom Bliley, to create the inception, more than 30,000 adoptions have to provide a home for foster care children and Congressional Coalition on Adoption. In the been finalized on National Adoption Day. offer them a temporary place to live until they 1990s, we enacted the $5,000 tax credit for I have been honored to participate in Na- are placed in a permanent home. With local adoption and in 2001, we were successful in tional Adoption Day over the past several adoption agencies and foster homes doing doubling the adoption tax credit to $10,000. years. To be part of such a special occasion their part, we must also do ours. I am proud That same year, we created CCAI, the Con- reinforces the need for further efforts to move that this body has voted to provide significant gressional Coalition on Adoption Institute, to kids into adoptive homes. enhance our adoption advocacy. I would also like to highlight the efforts of tax credits to families adopting children with As part of that advocacy, CCAI is one of the the Congressional Coalition on Adoption Insti- special needs. sponsoring organizations for National Adoption tute (CCAI) to promote adoption through its Today there are over 423,000 children in Day that celebrates the adoption finalization annual Angels in Adoption Awards Ceremony, the United States foster care system, and for thousands of families. National Adoption held in October. This event also highlights 114,000 of these young individuals are waiting Day also raises awareness for the 114,000 those that have opened their hearts and their for a loving family to adopt them. The vast children in foster care who are available for homes. majority of these youth are victims of aban- These initiatives are critically important to donment, abuse, or neglect, and they are in adoption and are seeking their ‘‘forever fam- not only recognizing those who have promoted dire need of a family that will provide a home ily.’’ I also want to commend the following adoption, but also to highlight the need for so that they can grow into successful adults. sponsors for their leadership in promoting Na- greater action on this important topic. Mr. Speaker, families that adopt should also tional Adoption Day: The Alliance for Chil- Before I close, I would like to recognize the be recognized for their commitment to improv- dren’s Rights, Casey Family services, Chil- efforts of Representative JIM OBERSTAR, the ing the lives of children through the expansion dren’s Action Network, the Dave Thomas sponsor of this resolution, for his work on be- and strengthening of their own families. These Foundation for Adoption, and the Freddie Mac half of adoption and children in foster care. JIM families come from all walks of life, but what Foundation. I also want to express my appre- and I worked closely together on these impor- ties them together is an abounding love for the ciation for the work of my Legislative Director, tant issues as co-chairs of Congressional Coa- neglected and the happiness that their new Chip Gardiner, who has been a great advo- lition on Adoption Institute. As an adoptive families enjoy after adoption. Their noble ac- cate for the cause of adoption for the past 25 parent himself, he knows firsthand how life- tions in caring for our youth are a public serv- years. changing adoption is, and with his experiences ice—but more importantly—an act of service It is fitting and proper for the House of Rep- he has been an effective and tireless leader and humility in love for humanity. resentatives to approve this resolution in No- for children who need loving homes. His ex- Mr. Speaker, this resolution recognizes and vember which is National Adoption Month and pertise will be missed, but his contributions in honors the foster care and adoption agencies National Adoption Day which will take place support of adoption will be lasting. around the Nation that provide our youth with this year on Saturday, November 20. As fami- I would also like to congratulate and publicly a sense of hope and a future. I support and lies prepare to celebrate Thanksgiving next thank Representative GINNY BROWN-WAITE for congratulate all of these agencies and families week, National Adoption Day is held the Sat- her role in promoting adoption and the in their honorable endeavors, and charge urday before Thanksgiving as we celebrate wellbeing of all children. As a Member of the them to continue their efforts into the future. this very special day when the dream of family Ways and Means Committee, she has been I urge all of my colleagues to support this has been realized for so many Americans. an active supporter of efforts to promote adop- resolution. This year, more than 350 events will take tion and child wellbeing, continuing her prior Mr. OBERSTAR. Mr. Speaker, I rise today place across all 50 states and Washington, work as a member of the Congressional Coali- in support of H. Res. 1648, the annual Na- D.C. to finalize over 4,500 adoptions from fos- tion on Adoption Institute. GINNY is retiring at tional Adoption Day and National Adoption ter care. the end of this Congress, and her deep com- month resolution. I would like to thank my col- When I have the opportunity to share my passion for and active efforts on behalf of chil- leagues on the House Ways and Means Com- personal experience of adoption, I am re- dren who have been or are awaiting adoption mittee for their work to bring this resolution to minded of the words of the Nobel Prize-win- will continue to inspire those of us she leaves the Floor, and I want to commend in par- ning Chilean poet, Gabriella Mistral. ‘‘We are behind. I wish both JIM and GINNY all the best ticular, my friend JIM MCDERMOTT, the Chair- guilty of many errors and faults, but our worst in the years ahead and thank both of them for man of the Income Security and Family Sup- crime is abandoning children, neglecting the their distinguished service to our families and port Subcommittee, for his leadership on fountain of life. Many things we need can wait; country. adoption, foster care and child welfare issues. the child cannot. To the child, we cannot an- Mr. GINGREY of Georgia. Mr. Speaker, I Adoption has been an essential part of my swer: ‘Tomorrow’ The child’s name is rise today in support of H. Res. 1648, which life and legislative service since 1968, when ‘Today!’ ’’
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00022 Fmt 0688 Sfmt 9920 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17788 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 Today, let us reaffirm our support to assist GENERAL LEAVE the 2008 natural disasters stand to ben- the thousands of children in America in foster Mr. MCDERMOTT. Mr. Speaker, I ask efit from the additional flexibility re- care who seek the love, support and stability unanimous consent that all Members sulting from this legislation. of a family. may have 5 legislative days in which to Significantly, the Congressional Mr. MCDERMOTT. I yield back the revise and extend their remarks and in- Budget Office says that the bill will balance of my time. clude extraneous material on S. 3774. not add to the deficit. It would simply The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there change the timing for the spending al- question is on the motion offered by objection to the request of the gen- ready approved of these funds. It is also the gentleman from Washington (Mr. tleman from Washington? important to note that this same sort MCDERMOTT) that the House suspend There was no objection. of flexibility had previously been the rules and agree to the resolution, Mr. MCDERMOTT. Mr. Speaker, I granted for recovery funds in the wake H. Res. 1648. rise in strong support of S. 3774, which of Hurricanes Katrina and Rita. So it The question was taken; and (two- extends the deadline for the use of sup- makes sense to provide similar treat- thirds being in the affirmative) the plemental social service block grant ment for funds provided in the wake of rules were suspended and the resolu- funds, also known as SSBG, that were the 2008 natural disasters, and I’m very tion was agreed to. made available following the disasters pleased to support this legislation that A motion to reconsider was laid on that occurred in 2008. will accomplish that. the table. This extension would provide a 1-year Mr. Speaker, I reserve the balance of f extension for the use of supplemental my time. SSBG grant funds that were appro- SOCIAL SERVICES BLOCK GRANTS Mr. MCDERMOTT. Mr. Speaker, I priated in the Disaster Assistance and yield 5 minutes to the gentlewoman Mr. MCDERMOTT. Mr. Speaker, I Continuing Appropriation Act of 2009 from Texas (Ms. JACKSON LEE). move to suspend the rules and pass the in response to the natural disasters Ms. JACKSON LEE of Texas. I thank bill (S. 3774) to extend the deadline for that occurred in 2008. The legislation the distinguished gentleman, and par- Social Services Block Grant expendi- provided $600 million for disaster re- ticularly, I thank the Ways and Means tures of supplemental funds appro- covery for States affected by hurri- Committee, both the managers on the priated following disasters occurring in cane, floods, and other natural disas- floor today, Mr. MCDERMOTT and Ms. 2008. ters that occurred in the year 2008. BROWN-WAITE, for their leadership, and The Clerk read the title of the bill. Over 60 percent of the money that I thank the entire Texas delegation The text of the bill is as follows: was appropriated has been spent, leav- and as well my good friend Mr. OLSON, S. 3774 ing a great deal of funding available to who I know will be appearing on the Be it enacted by the Senate and House of address the ongoing needs in States floor, for his leadership, along with Mr. Representatives of the United States of America that have been adversely affected by CORNYN. in Congress assembled, natural disasters. While a number of We worked together. This is a bipar- SECTION 1. EXTENSION OF EXPENDITURE DEAD- States have been successful in quickly tisan effort and I am glad to be on the LINE OF SOCIAL SERVICES BLOCK GRANT DISASTER FUNDING. drawing down the funds that were floor because we tried to do this on Notwithstanding any other provision of available to support disaster cleanup, September 29, and I don’t think we law, amounts made available to the Depart- many others need additional time to made our story clear. This is not a ment of Health and Human Services, Admin- utilize the resources effectively. Texas issue. In fact, this issue impacts istration for Children and Families, under The legislation follows a precedent all of the disasters that occurred in the heading ‘‘Social Services Block Grant’’ that was established by the Congress in 2008, and I would like to, Mr. Speaker, under chapter 7 of division B of Public Law recent years when we acted to extend simply call some of the names: The 110–329, shall remain available for expendi- the availability of supplemental SSBG ture through September 30, 2011. State of Colorado, the State of Florida, funds that were appropriated for the Georgia, Illinois, the State of Iowa, the SEC. 2. BUDGETARY PROVISIONS. recovery efforts following Hurricanes (a) STATUTORY PAYGO.—The budgetary ef- State of Mississippi, the State of Mis- fects of this Act, for the purpose of com- Katrina and Rita. These funds were ex- souri, the States of Nevada, Oklahoma, plying with the Statutory Pay-As-You-Go tended for a 2-year period to allow ad- Texas, and West Virginia, among the Act of 2010, shall be determined by reference ditional time for affected States to many that did not get a chance to help to the latest statement titled ‘‘Budgetary make use of these resources. the desperate. Effects of PAYGO Legislation’’ for this Act, Additionally, the legislation is And so I’d like to particularly thank submitted for printing in the Congressional PAYGO compliant and will not add one today, in addition to the members of Record by the Chairman of the Senate Budg- dime to the Federal deficit. The fund- the Texas delegation, Majority Leader et Committee, provided that such statement ing has already been allocated. The bill has been submitted prior to the vote on pas- HOYER, who continued to work with us sage. simply makes the appropriation avail- and to ensure that we can move this as (b) EMERGENCY DESIGNATIONS.—This Act— able for an additional year. quickly as possible; and his staff, Terry (1) is designated as an emergency require- The legislation, which passed the Lierman and Austin Burnes, who also ment pursuant to section 4(g) of the Statu- Senate in late September by unani- worked closely with my staff, tory Pay-As-You-Go Act of 2010 (Public Law mous consent, is very similar to a bill Yohannes Tsehai and Shashrina Thom- 111–139; 2 U.S.C. 933(g)); that was introduced in the House by as, to bring this to the floor along with (2) in the House of Representatives, is des- Representative PETE OLSON that has my colleagues. ignated as an emergency for purposes of pay- bipartisan support. I urge my col- as-you-go principles; and b 1910 (3) in the Senate, is designated as an emer- leagues to join me in supporting S. gency requirement and necessary to meet 3774. Thousands of families who were vic- emergency needs pursuant to section 403(a) I reserve the balance of my time. tims of Hurricane Ike stopped receiv- of S. Con. Res. 13 (111th Congress), the con- Ms. GINNY BROWN-WAITE of Flor- ing SSBG funds September 30, 2010, be- current resolution on the budget for fiscal ida. Mr. Speaker, the gentleman on the cause the legislatively mandated dead- year 2010. other side very aptly summarized what line for these funds expired. We made The SPEAKER pro tempore. Pursu- this bill does so I will not repeat that. and I made concerted efforts with the ant to the rule, the gentleman from In my home State of Florida, accord- Department of Health and Human Washington (Mr. MCDERMOTT) and the ing to State officials, more time for Services, and I would like to introduce gentlewoman from Florida (Ms. GINNY this appropriation is absolutely vital into the RECORD a letter written by my BROWN-WAITE) each will control 20 but we’re not alone. The latest HHS office on September 21, 2010, as well as minutes. data suggests another 15 States had un- a letter written back from the Sec- The Chair recognizes the gentleman expended funds. Just like in Florida, retary of Health and Human Services, from Washington. residents of those States affected by October 1, 2010, from which I read this
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17789 sentence: ‘‘As soon as Congress re- Babin; Kenna Bush, United Way of Gal- Thank you for your consideration to this ur- stores the availability of Hurricane Ike veston; Carolyn Rose of the Gulf Coast gent matter. SSBG funding, we will work expedi- Center; Joe Compian, Gulf Coast Inter- Very truly yours, tiously to implement the legislation faith; Galveston County Food Bank, SHEILA JACKSON LEE, Member of Congress. and make the funds available to those Mark Davis; Cindy Schulz; and a very doing the important work of assisting strong worker in Ruama Camp, who THE SECRETARY OF HEALTH victims rebuild their lives.’’ worked throughout the area with peo- AND HUMAN SERVICES, There lies the story, Mr. Speaker. ple who could find no way themselves. Washington, DC, October 1, 2010. Rebuilding lives. For those of us who So this money will come and help Hon. SHEILA JACKSON LEE, walked the streets after Hurricane Ike those who are in need of these dollars House of Representatives, Washington, DC. and for the many Members of Congress posthaste. It extends the deadline until who walked the streets of their respec- DEAR REPRESENTATIVE JACKSON LEE: I September 30, 2011. The bill does not write in response to your letter of September tive disasters, we know what disasters appropriate new funds, as I indicated; 21, 2010, concerning the expiration of Social are all about. Not bricks and mortar. and as you well know, they’ve extended Services Block Grant (SSBG) funds that Disasters are about the human devas- this in years past with Katrina and Texas received to assist in the recovery from tation that faces individuals, lost and Rita. Hurricane Ike. I asked our General Counsel lonely, not knowing where to go. to review this issue further to see if there Hurricane Ike was the third-costliest It’s a terrible shame to say that peo- were any possible avenues to extend the hurricane ever to make landfall in the ple who need help are those who are availability of these funds. Unfortunately, United States. Ike made its final land- costing us money. Today, Mr. Speaker, the original statutory language providing the funds does not give me the authority to fall near Galveston, Texas, a strong they’re not costing us money. We’re helping those who are hardworking extend their availability. Category 2 hurricane with a Category 5 Ike was one of the most devastating equivalent storm surge. It devastated Americans. I’m delighted to be able to support this legislation. I ask my col- storms to ever hit the Gulf Coast. The work the island, but it also impacted Hous- of recovery has been arduous, and I thank leagues to do it. Never forget, we have ton and my congressional district. It the individuals and organizations who have was a huge hurricane, some 500 miles a role of being a good Samaritan. If been helping those who have suffered because across, making it nearly as big as you were in need, you would want help. of the hurricane. Their efforts should be Texas itself, and its hurricane-force I ask my colleagues to support this leg- commended. We want to support them as islation. much as we can. winds extended 120 miles from the cen- I recognize that the Senate has passed leg- ter. It was blamed for at least 195 HOUSE OF REPRESENTATIVES, Washington, DC, September 21, 2010. islation making these funds available for an- deaths overall, with substantial death other fiscal year and that Majority Leader Hon. KATHLEEN SEBELIUS, and injury in Texas. Secretary, Department of Health and Human Hoyer has affirmed plans for the House of The hurricane also resulted in the Services, Washington, DC. Representatives to consider the matter when largest evacuation of Texas in the Congress returns in November. As soon as DEAR SECRETARY SEBELIUS: In early 2009, Congress restores the availability of Hurri- State’s history. An estimated 100,000 in the aftermath of Hurricane Ike, the State homes were flooded in Texas, numerous cane Ike SSBG funding, we will work expedi- of Texas received $219 million in recovery tiously to implement the legislation and boats washed away, smashing and funds under the Social Services Block Grant make the funds available to those doing the flooding homes, knocking out windows, (SSBG) program from the Department of important work of assisting victims rebuild cutting electricity to an estimated 2.8 Health and Human Services (HHS). As you their lives. million to 4.5 million. Most of the peo- know under federal law, if these grant funds I thank you for your leadership in helping ple were devastated because the elec- are not spent by September 30, 2010, these these families and organizations. funds will be permanently returned to the Sincerely, tricity went out for almost 8 weeks. federal treasury. And they were individuals without the KATHLEEN SEBELIUS. Hurricane Ike has wreaked havoc on Texas, I rise today in strong support of S. 3774, to ability to go to work and their jobs particularly in Galveston and Houston. As were cut off. So these dollars will not we move forward with recovery efforts, it is extend the deadline for Social Services Block be misused. clear that the impact of this storm has been Grant (SSBG) expenditures of supplemental The important point of this legisla- widespread and many people are still in need funds appropriated following the disasters that tion is, there is a PAYGO provision in of assistance. Unfortunately, Texans are still occurred in 2008, particularly Hurricane Ike. I it. It will not spend more money. It in need of help, especially the neglected resi- would like to thank all the Members and their will only have the opportunity to use dents of North Galveston. More than 60 staffs who worked in a collaborative and bi- the dollars that are already there. For Americans and over 26 Texans have died as a partisan manner to bring this essential legisla- those of us who have faced disaster, result of Hurricane Ike. In addition, the hur- tion to the House floor today. I would like to ricane has caused millions of dollars in dam- whether it is Hurricane Katrina, Hurri- age throughout Houston and Galveston. The especially thank Majority Leader HOYER and cane Rita, the floods in the Midwest, or local agencies processing the people im- Terry Lierman and Austin Burnes of his staff, the various tornadoes that occur pacted by Hurricane Ike for which these who worked closely with Yohannes Tsehai throughout our area, or the hurricanes funds were utilized, received these funds and Shashrina Thomas of my staff, to bring that seem to come every year to the from the state and federal agencies six this important legislation to the House floor gulf region, I can assure you that these months late, and therefore have not been today. dollars are coming none too soon. able to complete the process of serving the Thousands of families who were victims of I want to thank the administration’s families impacted by Hurricane Ike. Losing Hurricane Ike stopped receiving SSBG funds these funds on September 30, 2010 will result Secretary Sebelius who has indicated in the terrible tragedy for the many people on September 30, 2010, because the legisla- that they will move quickly. As this that are still suffering from the effect of one tively mandated deadline for these funds ex- bill passes, we hope that this will move of the most costliest hurricanes in our re- pired. I made concerted efforts with the De- quickly to the President’s desk, the gion. Therefore, I am requesting an exten- partment of Health and Human Services bill is signed, and these moneys will sion of an additional six months from Sep- (HHS) to extend this deadline administratively, come forward. tember 30, 2010, for social services agencies but they determined that they needed legisla- Let me acknowledge the groups that throughout the State of Texas to utilize tive authority to extend these funds. I would we have worked with: Angela Blan- these grant funds. like to thank Secretary Sebelius and the De- chard of the Neighborhood Centers; Once again, I ask that you strongly con- partment of Health and Human Services for Harold Fattig of Catholic Charities; sider extending the deadline for the $219 mil- responding favorably to my request to expedi- Mr. Raimer of the University of Texas lion in recovery funds under SSBG for an ad- ditional six months from September 30, 2010. tiously implement this legislation as soon as it Medical Branch; Mark Minick of Lu- I have the support of my Congressional col- passes and make the funds available to those theran Social Services; Kristi Allen, leagues from Texas in my efforts to ensure organizations assisting victims on the road to Bay Area Council; Stephanie Carmona, that Houston and Texas receive the funds we recovery. I would also like to thank HHS Re- Sunshine Center; United Way, Anna so desperately need on the road to recovery. gional Director Marge Petty who accepted my
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00024 Fmt 0688 Sfmt 9920 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17790 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 invitation to come down to Houston and meet delays have caused the agencies to not be the State of Texas and the local com- with the organizations in Houston and Gal- able to complete the process of serving every- munities now need extended. This is veston who are assisting thousands of families one impacted by Hurricane Ike since they did not without precedent. A similar ex- with home repairs and other unmet needs. not get the benefit of the two years that Con- tension was granted for victims of Hur- Some of the organizations who have been gress had intended. ricane Katrina. instrumental in these efforts include Neighbor- The effects of Hurricane Ike on Texas were In the process of recovering from Ike, hood Centers Inc., Catholic Charities, the drastic and far reaching, affecting hundreds of please consider that Catholic Charities United Way, Gulf Coast Interfaith, and the Uni- thousands of people. According to FEMA, reports that there are over 3,500 fami- versity of Texas Medical Branch, to name a within the first week following the disaster, lies in Galveston who are in the process few. Moreover, I think it is crucial that we are nearly 438,000 individuals or families had reg- of getting their homes repaired or re- providing this legislative authority today before istered for individual assistance. By the end of placed who still need rent assistance. the Thanksgiving holiday so that these families the registration period in February 2009, a The Gulf Coast Center in Galveston can continue on their road to recovery from total of 734,000 Texans had registered with and Brazoria Counties is working with the devastation of Hurricane Ike. FEMA for individual assistance. Hurricane Ike 19 agencies to provide mental health Hurricane Ike was the third costliest hurri- destroyed 17,000 homes in Harris County support and counseling to 3,000 clients cane ever to make landfall in the United alone. each month who are still suffering States, behind Hurricane Andrew of 1992 and Due to the lapse in the reimbursement of from the impact of Hurricane Ike on Hurricane Katrina of 2005. Ike made its final SSBG funds, many victims are unable to ac- their lives. The University of Texas landfall near Galveston, Texas as a strong cess services critical to their recovery such as Medical Branch reports that they are Category 2 hurricane, with a Category 5 unfinished home repairs, unmet needs, mental providing food assistance, medical equivalent storm surge. Ike was a huge hurri- and physical healthcare, employment services, care, and case management to 20,000 cane—some 500 miles across, making it near- transportation and legal services. All of these households each month. This will end ly as big as Texas itself, and its hurricane- issues are currently being aggravated until without an extension. force winds extended 120 miles from the cen- these funds to these victims’ resumes. Once In the words of one leader at the ter. this extension is granted, not only will these United Way, ‘‘We are not asking to ac- Ike was blamed for at least 195 deaths families resume services, this extension will cess more funding, only to finish what overall, with substantial death and injury in not require any additional funding. According we started.’’ Do I wish this extension Texas. The hurricane also resulted in the larg- to the Congressional Budget Office who have was not needed? Of course. We all do. est evacuation of Texans in this State’s his- scored this legislation, this bill will not have a But it is needed, and I ask that this tory; subsequently it became the largest budget authority (BA) effect, but rather only an Chamber join me in doing what is right search and rescue operation in U.S. history. outlay effect on the timing of payments. Fi- and fair for a community that lost so The effects of Hurricane Ike in Texas have nally, there is also recent precedence for ex- much 2 years ago. I urge my colleagues been crippling and long-lasting. An estimated tending these types of disaster funds. Con- to vote for Senate bill 3774, so the peo- 100,000 homes were flooded in Texas, and gress routinely extended the deadline for simi- ple of southeast Texas can finally put numerous boats washed ashore, smashing lar funds given to Hurricane Katrina and Rita Hurricane Ike in their past. and flooding thousands of homes, knocking victims. Mr. GENE GREEN of Texas. Mr. Speaker, out windows in Houston’s skyscrapers, uproot- Once this legislation passes, I will continue I rise today in support of S. 3774, which would ing trees, and cutting electricity to an esti- to work with the Department of Health and extend the deadline for Social Services Block mated 2.8 million to 4.5 million customers for Human Services to ensure that funding for so- Grant expenditures of supplemental funds ap- weeks and months. Galveston was declared cial services agencies throughout the State of propriated following disasters occurring in uninhabitable, and Houston imposed a week- Texas is provided as expeditiously as possible 2008. long nighttime curfew due to limited electric so that the victims of Hurricane Ike receive the The FY2009 Supplemental Appropriation in- power. assistance they so desperately need on their cluded funding for disasters that occurred in When Hurricane Ike devastated Texas in road to recovery. 2008. This included $600 million in Social September 2008, I immediately began to work I urge my colleagues to join me in support Services Block Grant (SSBG) funding eligible with the Members of the Texas Congressional of this essential legislation. to be used for a wide variety of social services delegation to ensure Texas was appropriated Ms. GINNY BROWN-WAITE of Flor- to assist in disaster recovery. recovery funds it so desperately needed. In ida. Mr. Speaker, I yield 3 minutes to In the wake of Hurricane Ike, a total of early 2009, the State of Texas received part of the gentleman from Texas (Mr. OLSON) 734,000 Texans had registered with FEMA for these recovery funds, almost $219 million who was forward-thinking enough to individual assistance and 17,000 homes in under the Social Services Block Grant (SSBG) introduce this legislation to begin Harris County were destroyed. program from the Department of Health and with. Due to the magnitude of Ike, the State of Human Services (HHS). Although more than Mr. OLSON. I thank my colleague Texas received $219 million in recovery funds $174 million of this have been drawn down, from Florida. under the Social Services Block Grant pro- there remains over $44 million to Texas that Mr. Speaker, I rise today in support gram from the Department of Health and cannot be utilized without today’s extension. of Senate bill 3774. I introduced com- Human Services. Furthermore, of the total $600 million in SSBG panion legislation, H.R. 5790, which Under federal law, these SSBG funds must funding appropriated in 2009, there also re- would do the same thing as this good be spent by September 30, 2010. Any money mains more than $152 million for 14 States bill. Two years ago, Hurricane Ike tore not spent by that time must be returned to the that can be used with the passage of S. 3774. through the Gulf of Mexico and made federal Treasury. Texas currently has $44 mil- What has now taken place until today’s leg- landfall in Galveston, Texas. It was the lion in funding that will revert back to the fed- islation passes is that SSBG funds which were largest hurricane ever, ever to make eral government. not utilized by September 30, 2010, were landfall in the United States. Ike Many entities and local governments in made permanently unavailable for the thou- slammed into Galveston as a Category Texas have expressed difficulty in meeting the sands of Hurricane Ike victims who have been 2 hurricane but with a storm surge September 30, 2010 deadline and are re- waiting for the completion of social services equivalent to that of a Category 4 questing a one year extension to September and their homes to be restored. It would be storm, causing damages estimated at 30, 2011. devastating to Hurricane Ike victims to lose $18 billion. Over 200 people lost their Although there have been significant suc- these funds, especially when many of their lives. cesses through the recovery process, signifi- homes are in the middle of repairs. Further- Two years later, what Ike destroyed cant needs remain. In the Greater Houston more, the numerous local agencies assisting in 12 hours continues to be rebuilt. In area, more than 2,500 families in case man- and processing the cases of families impacted response to the storm, an emergency agement still cite needs in the area of home by Hurricane Ike, received these funds from appropriations bill was passed for the repair and/or unmet needs. the state and federal agencies many months purpose of assisting the victims of Ike. It is important to note that Texas is not the late due to administrative delays. These The funding came with a deadline that only state that would lose access to these
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00025 Fmt 0688 Sfmt 9920 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17791 funds—16 other states have remaining funds whether to extend the George W. Bush Party. You are letting the rich in this and an extension would assist those states as tax cuts for the rich—and I think it is country enjoy two cigars each day for well. important for people to understand ex- the next 10 years and light each one A similar extension was granted by Con- actly who this money will be received with a $100 bill. gress for Hurricane Katrina SSBG disaster re- by. Now, I have a different idea. I think covery funds. It is also important to note that In the case of the Obama tax cuts, it is a better idea. These tax cuts for this bill involves no new spending. The SSBG like the child tax credit, it will be re- the rich by the Republican Party are grant funds were released and dispersed to ceived by needy parents who need the going to cost the U.S. taxpayers $100 the states over a year ago. This bill will only money in order to pay the mortgage, billion a year. Do the math. We have 14 give those who need it, extra time to expend pay the rent, pay their car payments, million people in this country who are these needed funds as they continue to re- their credit card payments. And in the unemployed. We have 13 percent unem- cover from Hurricane Ike. case of the Bush tax cuts for the rich, ployment in my district. Senator CORNYN’s legislation, S. 3774, it will be received by the rich. Here is an idea. Let’s take that $100 passed out of the Senate on a unanimous In fact, for the top 1 percent of in- billion and give 3 million Americans a consent. It would extend the deadline for So- come in this country, the high and job. Let’s give 3 million Americans a cial Services Block Grant expenditures of sup- mighty, the people who make an aver- working wage, an honest day’s pay for plemental funds appropriated following disas- age of $1.4 million every single year, an honest day’s work, and that will re- ters occurring in 2008 for one year from Sep- according to these charts I am about to vive our economy. It will immediately tember 30, 2010 to September 30, 2011. show, you will see the following: reduce unemployment by two points. Before the House recessed on September Mr. Speaker, the Republican plan for And they will take that money and 29 we tried to bring up this legislation, but it tax cuts is to give each millionaire, they will spend it on their rent. They came over from the Senate very late and we each person who makes $1.4 million a will spend it on restaurants in their neighborhood. They will spend it on were unable to come to an agreement to bring year on the average, the top 1 percent getting their hair cut. They will spend up the legislation. of income in this country, the high and it on their credit card payments. They I urge my colleagues to support this legisla- mighty, $83,347 a year in tax cuts. will spend it on the things they need to tion to allow the states impacted by disasters $83,347 a year, according to econo- do to stay alive, instead of the alter- that occurred in 2008. metric modeling by Citizens for Tax native, the Republican favorite alter- Ms. GINNY BROWN-WAITE of Flor- Justice. native, which is to have them lose ida. Mr. Speaker, I have no further re- Let’s give some thought as to what their jobs, keep unemployed, and move quests for time. And with that, I would the high and mighty might actually do with that money. into their cars. That is the better idea. ask for support of this bill, and I yield I favor jobs, not tax cuts for the rich. back the balance of my time. Well, here is one possibility. They f Mr. MCDERMOTT. Mr. Speaker, I can buy an $83,000 Mercedes-Benz E- urge passage of this bill, and I yield Class car not just once, but every sin- OUR SOUTHERN BORDER back the balance of my time. gle year for the next decade. And each The SPEAKER pro tempore. Under a The SPEAKER pro tempore. The year when they get tired of their previous order of the House, the gen- brand-new Mercedes-Benz E-Class car, question is on the motion offered by tleman from Indiana (Mr. BURTON) is the gentleman from Washington (Mr. they can just give it to somebody be- recognized for 5 minutes. MCDERMOTT) that the House suspend cause they can afford another one. Mr. BURTON of Indiana. I thank the the rules and pass the bill, S. 3774. They can give it to a spouse, a sister, a Speaker for yielding time to me. The question was taken. son, a daughter, anybody. Every single About 3 weeks ago, I and four of my The SPEAKER pro tempore. In the year for the next 10 years, the Repub- colleagues wrote a letter to the Presi- opinion of the Chair, two-thirds being lican tax plan is to give millionaires dent of the United States. Mr. POE of in the affirmative, the ayes have it. enough money for a Mercedes-Benz. Texas, my good friend, RALPH HALL of Ms. GINNY BROWN-WAITE of Flor- Here is something else they can do Texas, PETE OLSON, and ED ROYCE of ida. Mr. Speaker, on that I demand the with it. They can buy this gorgeous California wrote a letter to the Presi- yeas and nays. Hermes bag, a Birkin, for $64,800, not dent talking to him about the horrible, The yeas and nays were ordered. once, but every single year for the next deteriorating problem that is taking The SPEAKER pro tempore. Pursu- 10 years, to which they will say to the place on our southern border. ant to clause 8 of rule XX and the Republican party, ‘‘Thank you very We have a border between the United Chair’s prior announcement, further much.’’ States and Mexico that is 1,980 miles proceedings on this motion will be Here is something else they can do long, and the problems are getting postponed. with their money. They can buy this worse every single day. There have bottle of Chateau d’Yquem wine, bot- been reports on numerous television f tled in 1787, for only $56,588. That will channels over the past few weeks talk- b 1920 leave loose change in their pocket of ing about how really bad it is getting $25,000. They can buy a bottle of wine SPECIAL ORDERS down there, and there is absolutely from 1787 every year for the next dec- nothing being done by the administra- The SPEAKER pro tempore. Under ade. Thank you, Republican Party. tion to really deal with it. the Speaker’s announced policy of Jan- Here is something else they can do. Now, in the letter that we wrote to uary 6, 2009, and under a previous order They can buy 20,000 jars of their favor- the President, we said it was extremely of the House, the following Members ite mustard, Grey Poupon, 20,000 jars. important to get on with dealing with will be recognized for 5 minutes each. That is certainly enough for them, this problem very quickly, and we gave f their family, their friends, even a few the President a few ideas on how this poor people. Thank you, Republican could be accomplished. TAX CUTS party. First, we said, it became apparent The SPEAKER pro tempore. Under a Here is something else they can do that the Mexican Government and law previous order of the House, the gen- with the $80,000 that the Republican enforcement authorities in Mexico are tleman from Florida (Mr. GRAYSON) is Party wants to put in their pocket either unwilling or unable to address recognized for 5 minutes. every year for the next 10 years. They this problem. Therefore, we believe it Mr. GRAYSON. Mr. Speaker, some- can buy 800 cigars. Think about that. is imperative that our President meet time between now and December 31 we That is one for the morning and one for very quickly and begin a serious dia- will be discussing tax cuts—specifi- the evening, 800 luxury cigars. Then logue with President Calderon of Mex- cally, whether to extend the President they can light each one of those cigars ico on building a comprehensive frame- Obama tax cuts for the middle class or with a $100 bill. Thank you, Republican work in the spirit of Plan Colombia
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17792 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 that will better coordinate a more ag- ‘‘Watch what is going on and do your long Southwestern border of the United gressive and proactive strategy to turn job, Mr. President, instead of fighting States. We must put additional bodies on the the tide. This needs to be done imme- the Governor of Arizona and the people ground and we must give them the weapons diately. in Texas, the law enforcement agencies and specify rules of engagement that give them the authority to do whatever is nec- Second, we must complete construc- along the border who are staying up essary to secure the border. A National tion of the border fence. The money day and night trying to defend their Guard trooper armed with only a pistol and has been appropriated for that and it constituents in the border area.’’ given no authority to engage the enemy is has been stopped. We need to get that People are being threatened. Their useless against a criminal armed with mili- completed. Any responsibility we have houses are being threatened to be tary grade weapons and ammunition. to minimize the impact of the fence on burned to the ground if they even take Mr. President, we implore you to view this the physical landscape or native spe- pictures of the people coming across situation for what it is, a war and to act ac- cies in the region pales in comparison the border. This is a tragic situation, cordingly. and if I were talking to the President Sincerely, when measured against the value of DAN BURTON, human lives that will be lost if we tonight, I would say, ‘‘Mr. President, RALPH HALL, don’t seal the border. you are being derelict in your responsi- ED ROYCE, And, finally, we said to the President bility to the people of the southwest TED POE, in this letter, we believe it is critical part of the United States by not ad- PETE OLSON. that we deploy additional National dressing this problem in a very thor- Guard troops to the border. Media re- ough and comprehensive way.’’ [From FoxNews.com] ports indicate that 17,000 National CONGRESS OF THE UNITED STATES, AMERICA’S THIRD WAR: NATIONAL GUARD’S Guard troops were deployed to the Gulf Washington, DC, October 26, 2010. NEW MISSION region during the recent oil spill, Hon. BARACK OBAMA, (By Casey Stegall) 17,000; yet the administration has President of the United States of America, The There are many theories on how to effec- pledged only 1,200 to the 1,980-mile bor- White House, Washington, DC. tively secure the nearly 2,000-mile-long bor- DEAR MR. PRESIDENT: We are writing to der of Mexico. Twelve hundred Na- der the United States shares with Mexico. you today to express our extreme concern re- Some believe building a fence to separate tional Guard troops to protect that garding the deteriorating security situation us from our southern neighbor is the best border; that is nothing. It will not along our Nation’s southern border. It seems route while others think adding additional work. that every day brings a new report of some surveillance equipment and Border Patrol When you talk to sheriffs and Border atrocity; the most recent being the apparent checkpoints will help decrease the number of Patrol agents who are down on the bor- murder of a U.S. citizen at Falcon Lake, illegal immigrants and drugs entering Amer- der, they will tell you that it is a war Texas; yet little if anything appears to be ica. being done by our government or the Mexi- One thing virtually everyone close to the zone and it is spilling over into the can government to stop the bloodshed and United States, and American citizens border security issue can agree on: America bring the perpetrators to justice. seems to be waging a third war with the are being killed on the Mexican side of Protecting our borders and our citizens is Mexican cartels that will stop at nothing to the border. But bullets are actually a paramount responsibility of the Federal smuggle humans and drugs into our home- coming across the border and hitting government; enshrined in the preamble of land and the national security threat it things in the United States in Juarez the Constitution. It would be an unforgivable poses. and elsewhere. breach of our constitutional responsibilities One of the more popular ideas on how to It is extremely important that we ad- if we do not take stronger measures not only secure the region is through the deployment to prevent the upward spiral of violence from of troops and creation of a strong military dress this problem before it gets com- further spilling over into the United States pletely out of control. And some people presence along the border. In May, President and threaten the safety of U.S. citizens on Obama gave the green light for up to 1,200 say we are already there. American soil but to reclaim those areas of National Guard troops to be assigned to the We have signs in Arizona 80 miles our border already overrun by smugglers and four southwest border states. In late Sep- into the United States, 80 miles into criminals. We can no longer pretend that tember, armed troops started trickling in the United States, saying, ‘‘Don’t go this is simply Mexico’s problem. The time and working alongside U.S. Border Patrol south of here toward Mexico because it has come to recognize that the drug violence agents, but the ramp up period is a gradual is dangerous.’’ Can you imagine? along the border is a direct threat to the process since it takes a great deal of time to United States and act accordingly. train the soldiers for their new mission. We are sending troops halfway First, it has become apparent that the around the world to fight for people’s According to the National Guard Bureau, Mexican government and law enforcement nearly 1,200 troops are at work on border freedom and to secure our country authorities are either unwilling or unable to issues as of Monday: 263 in California, 561 in from terrorist attacks, and yet we have address this problem unilaterally. Therefore, Arizona, 80 in New Mexico, 284 in Texas and the prospect of terrorists and drug we believe it is imperative that you imme- 10 others assigned to border issues at the Na- dealers and everybody coming across diately begin serious dialogue with President tional Guard Bureau in Virginia. The deploy- that border because we are not pro- Calderon on building a comprehensive frame- ment is expected to last one year although work, in the spirit of Plan Colombia, that tecting it, and it is in our front yard, no official end date has been made public. will better coordinate a more aggressive and Sheriff Paul Babeu, Pinal County Arizona: 1,980 miles, and it is unprotected. They proactive strategy to turn the tide of this are coming across at will. I’m telling you, as a sheriff, where we’re the conflict. number one passer county here in Arizona, Second, we must complete construction of 1930 that it’s not secure. That the violence and b the border fence. Any responsibility we have the concerns we have, are more than just a to minimize the impact of the fence on the The President needs to get on with public safety matter. 520 soldiers are not physical landscape or native species in the doing what is necessary. I believe he going to stop it. We have said we need 3000 region pales in comparison when measured needs to authorize at least 15,000 troops armed soldiers just here in Arizona. down there and work with the Mexican against the value of human lives that will be lost if we do not seal the border. f government to seal both sides of the Finally, we believe it is critical that we de- border and get on with it as quickly as HEROES AMONG US RETURN WITH ploy additional National Guard troops to the HONOR possible. If we don’t, the problem is border. Media reports indicate that 17,000 Na- going to get worse and worse and tional Guard troops were deployed to the The SPEAKER pro tempore. Under a worse. Gulf region to respond to the recent oil spill. previous order of the House, the gen- If you don’t believe what I am saying Yet, you have only pledged 1,200 National tleman from Texas (Mr. POE) is recog- tonight, and if I were talking to the Guard troops to protect the border—and ac- nized for 5 minutes. President, I would tell him directly cording to media reports only a small frac- Mr. POE of Texas. Mr. Speaker, it tion of those troops have arrived to date. It this: ‘‘If you don’t believe this, Mr. is unrealistic, if not pure insanity, to believe was dusk when he left Thailand and en- President,’’ I know he watches tele- that a mere 1,200 National Guard troops, tered Laotian airspace. Soon he was vision once in awhile, and if I were even with the support of the Border Patrol, flying into North Vietnam as darkness talking to the President I would say, can effectively cover the nearly 2,000 mile came over the horizon. It was his 25th
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17793 mission into North Vietnam flying an He continued to serve in the United policy we have had, the excessive F–4 Phantom jet. States Air Force for 29 total years. spending and the debt, and also the tax The date was April 16, 1966. The pilot While he was in that POW camp, his policy. But what we are doing and what was Sam Johnson, United States Air wife back home in Texas, Shirley, had we are accepting and putting up with Force colonel, and he was doing his known that he was shot down, but she at the airports is so symbolic of us just second tour of duty in Vietnam. He was didn’t know for 2 years where Sam was, not standing up and saying enough is flying with the fighter squadron called whether he was alive, dead, or missing enough. Satan’s Angels. He was a career pilot in action. They have now been married I know the American people are who had already flown 62 combat mis- for 60 years. starting to wake up, but our govern- sions during the Korean War flying an After he left the United States Air ment, those in charge, Congress, as F–86 Sabre jet. Colonel Johnson also Force, he served in the statehouse in well as the executive branch, are doing flew with the famed Air Force Thun- Texas, had his own business, and then nothing. Yes, they are talking about derbirds. in 1991 he came to the United States maybe backing off and allowing the pi- This is a photograph of Colonel Sam Congress and continues to serve with lots to go through. But can you think Johnson, United States Air Force. distinction. how silly the whole thing is? The pilot But this day of April 16th, 1966, Colo- Today, Colonel Sam celebrates his has a gun in the cockpit and he is man- nel Johnson was shot down by ground 80th birthday. Down the street, he and aging this aircraft, which is a missile, and we make him go through this grop- fire from the North Vietnamese. He a lot of friends, Members of Congress ing X-ray exercise, having people feel- was captured, he was put in a prisoner from both sides of the aisle and family, of war camp, and, Mr. Speaker, he was ing their underwear. It is absurd, and it are honoring him on his birthday. in that POW camp for 7 years. is time we wake up. You know, Sam returned home to the Because of the way that he would not The bill I have introduced will take give in to the torture and to the inter- United States after his torture and care of this. But we have to realize rogation, they moved him to the fa- confinement in the POW camps. You that the real problem is that the Amer- mous ‘‘Hanoi Hilton’’ and a place notice right here, this patch, Mr. ican people have been too submissive. called ‘‘Alcatraz.’’ Alcatraz was where Speaker? You see what this patch says, We have been too submissive. It has 11 POWs were put because they were which is from the 31st Fighter Wing? It been going on for a long time. This was the most obstinate POWs, leaders of says ‘‘Return With Honor.’’ to be expected even from the beginning the other POWs. They were hard-nosed Sam Johnson returned to America of the TSA. And it is deeply flawed. and they had to be segregated, and with honor. He is a special breed. He is Private property should be protected they called themselves the ‘‘Alcatraz the American breed. Where does Amer- by private individuals, not bureau- gang.’’ They were defiant, and the ica find such men as Sam Johnson? He crats. North Vietnamese called this man is one of those. And he is that special But the bill that I have introduced right here ‘‘Die Hard.’’ They tortured warrior during even the time he was a will take care of it. It is very simple. It him, but they got no information from captive warrior that never forsook his is one paragraph long. It removes the him. duty and never forsook his honor. immunity from anybody in the Federal During those 7 years he was beaten So, Colonel Sam, we thank you for government that does anything that and tortured, but he never broke down. your service to the United States of you or I can’t do. So then they put him in solitary con- America during war and during peace- If you can’t grope another person and finement for 4 years in a cell 3-feet- time. Thank you for serving this great if you can’t X-ray people and endanger wide by 9 feet, and he was there for 4 country. You are truly a hero among them with possible X-rays, you can’t years. During that 4 years, all that was us. take nude photographs of individuals, in that cell was a lightbulb that they Here are the commendations that why do we allow the government to do kept on 24 hours a day. During the Colonel Sam Johnson received while it? We would go to jail. He would be nighttime, they put him into leg irons, serving in the United States Air Force: immediately arrested, if an individual citizen went up and did these things, and during that 4 years, he never saw COMMENDATIONS or talked to another American. and yet we just sit there and calmly 2 Silver Stars say, oh, they are making us safe. And While in the POW camp, he and the 2 Legions of Merit other POWs communicated with each Distinguished Flying Cross besides, the argument from the execu- other with a code by tapping on the Bronze Star w/Combat ‘‘V’’ (Valor) tive branch is that when you buy a wall, and during that time he memo- 2 Purple Hearts ticket, you have sacrificed your rights rized the names of 374 other POWs. He 4 Air Medals and it is the duty of the government to kept that memory going so that when POW Medal make us safe. 3 USAF Outstanding Unit Citations That isn’t the case. You never have he got away or was released or escaped, to sacrifice your rights. The duty of he would be able to tell their loved And that’s just the way it is. the government is to protect our ones who they were and where they f rights, not to use them and do what were. SAYING ENOUGH IS ENOUGH RE- The torture continued every day. One they have been doing to us. GARDING TSA AIRPORT SCREEN- example was this: One morning the b 1940 ING North Vietnamese took him out of his The pilots, hopefully, will be exempt- cell and lined him up to shoot him. The SPEAKER pro tempore. Under a ed from this. They told him they were going to kill previous order of the House, the gen- Another suggestion I have that him in a firing squad. They lined him tleman from Texas (Mr. PAUL) is recog- might help us: let’s make sure that up. Armed with AK–47s, they pulled the nized for 5 minutes. every Member of Congress goes trigger, but there was no ammunition Mr. PAUL. Mr. Speaker, I rise this through this. Get the x-ray and make in those AK–47s. They laughed and evening to announce that I introduced them look at the pictures and then go made fun of Colonel Sam, and all he some legislation today dealing with the through one of those groping pat- said was, ‘‘Is that the best you can calamity that we have found at our air- downs, and then I think there would be do?’’ ports with TSA. Something has to be a difference. Have everybody in the ex- For food he ate weeds, pig fat and done. Everybody is fed up. The people ecutive branch, anybody—a Cabinet rice. He went down from 200 pounds to are fed up, the pilots are fed up, I am member—make them go through it and 120 pounds. And after 7 years of con- fed up. look at it. Maybe they would pay more finement, he was finally released with I have come to this floor many times attention. But this doesn’t work. This other POWs. He suffered torture and over the past many years and com- is not what makes us safer. This is pre- broken bones during that time that he plained about the terrible foreign pol- posterous to think that the TSA has still suffers from today. icy we have had, the terrible monetary made us safer.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.000 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17794 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 When you think about it, if you look versity, where he met and later mar- From our earliest meeting to just last at what’s happened over the past 10 ried the love of his life, Marianna month, he was my friend and adviser. I years, during this last decade, we lost Kistler. They were married in 1941. hate the thought that no longer do I 3,000 on a terrible, terrible day for Ross’s service as a naval aviator during have the ability to pick up the phone America. But since that time in this World War II sparked an interest in fly- and see what Mr. Beach thought of one last decade we have also lost 6,000 of ing that would continue throughout his of my ideas or to discuss what was our military personnel going over there life. going on in our small-town neighbor- and trying to rectify this problem. We Ross was a pioneer in our State in hood or what was happening on the have lost 400,000 people on our govern- banking, radio and television, and in world stage. ment-run highways. We have lost oil and gas. His many professional en- My friendship with Mr. Beach cer- 150,000 individuals from homicides. deavors created jobs and economic op- tainly opened doors in business and So I think there’s reason to be con- portunity for many Kansans. He was politics; but, more importantly, he cerned, reason to deal with this prob- the president of Kansas Natural Gas gave me the confidence to realize that lem. We’re not dealing with it the right Company and chairman of the board of this small-town Kansas kid could one way. We’re doing the wrong thing. And Douglas County Bank. His success in day be able to serve his State and the groping people at the airport doesn’t the business world was overshadowed Congress of the United States of Amer- solve our problems. What has solved only by his and his wife’s generosity. ica. our problems, basically, has been that Ross and Marianna are among our While my family and I are saddened they put a good lock on the door, and State’s most prolific supporters of arts by the death of Ross Beach, we take they put a gun inside the cockpit. and education—the greatest supporters comfort in knowing the legacy of Mr. That’s been the greatest boon to our that perhaps we will ever see in our Beach will endure far beyond our own safety. State. On the campus of Fort Hays generation. While Ross Beach may Safety should be the responsibility of State University, the Beach family have donated his talents and treasure, the individual and the private property helped fund the Beach-Schmidt Per- it is his caring nature and generous owner. But right now we assume the forming Arts Center, and Ross’s gen- soul that I and many others will miss government’s always going to take erosity made possible the construction most. To Marianna and daughters care of us, and we are supposed to sac- of the nationally renowned Sternberg Mary McDowell and husband Gary; rifice our liberties. I say that is wrong. Museum of National History. Terry Edwards and husband R.A.; and We are not safer. And we also know The Marianna Kistler Beach Museum Jane Hipp and husband Steve, I offer there are individuals who are making of Art on the campus of Kansas State my deepest sympathies. I ask my col- money off this. Michael Chertoff, University bears the name of Mrs. leagues to join me in celebrating the here’s a guy that was the head of the Beach, which was named for her in life of a man dedicated to service and TSA, selling the equipment. And the commemoration of their 50th wedding committed to making Kansas and equipment is questionable. We don’t anniversary. My wife, Robba, and I America a better place to live and even know if it works, and it may well have been honored to serve on the work. be dangerous to our health. board of visitors at the art museum We are told to whom much is given The way I see this, if this doesn’t that bears the Beach name, and we’re much is expected. Ross Beach more change, I see what has happened to the able to witness firsthand the passion than fulfilled this expectation, and I’m American people is we have accepted and commitment Ross and Marianna honored this evening to pay tribute to the notion that we should be treated had for culture and the arts in Kansas. an amazing, larger-than-life man that I like cattle. Make us safe, make us se- On the campus of the University of had the fortune to know for nearly 35 cure, put us in barbed wire, feed us, fat- Kansas, Ross assisted in the formation years. The man who loved to fly soared ten us up, and then they’ll eat us. And of the Beach Center on Disability, throughout his life and landed safely we’re a bunch of cattle, and we have to where Kansans with disabilities and on heaven’s shore. wake up and say, We’ve had it. their families are helped to lead f I think this whole idea of an opt-out healthier and more productive lives. PRINCIPLES OF HEALTH CARE day is just great. We ought to opt out Kansans from all walks of life have and make the point. Get somebody to benefited from Ross’s compassion to The SPEAKER pro tempore. Under a watch. And take a camera. It’s time for others and his service to community. previous order of the House, the gen- the American people to stand up and He was recognized on many, many oc- tleman from Pennsylvania (Mr. THOMP- shrug off the shackles of our govern- casions, including his designation as SON) is recognized for 5 minutes. ment at TSA at the airports. Kansan of the Year in 2002; the Presi- Mr. THOMPSON of Pennsylvania. f dent’s Award from Kansas State Uni- Next week will mark the 8-month anni- versity in 1989; and, along with his versary of the new health care law. IN MEMORY OF ROSS BEACH wife, the Citations for Distinguished When we started this debate almost 2 The SPEAKER pro tempore. Under a Service from both the University of years ago, I relied on my longtime ex- previous order of the House, the gen- Kansas and Fort Hays State Univer- perience in the medical field to come tleman from Kansas (Mr. MORAN) is sity. up with four principles that I strongly recognized for 5 minutes. Despite his stature in our community believe should be in any health care re- Mr. MORAN of Kansas. Mr. Speaker, and State, Mr. Beach always treated form. The first was that health care re- I rise this evening in memory of my every person he encountered with re- form should lower costs. That has yet friend, Ross Beach. The House rules spect and dignity. Anyone who met to happen under this law. Instead, the only allow me 5 minutes to speak, and Ross easily became a lifelong friend. As Federal Centers for Medicare and Med- it’s difficult to summarize anyone’s life a young newlywed couple starting out icaid Services projected that overall in such a short time, but impossible to our new life in Hays, the first invita- national health spending would in- do justice to the life of Mr. Beach. tion Robba and I received was to come crease an average of 6.3 percent a year Ross passed away this weekend at his to Ross and Marianna’s home for din- over the next decade under the new home at the age of 92. Ross was defined ner. There was never a more gracious law. In addition, the law imposes more by family and friends, business success, couple than the Beaches. than half a trillion dollars in tax in- and charity. For a large portion of my life, I creases. It imposes more than $210 bil- A lifelong Kansan, Ross received his joined Ross and other businessmen and lion in new payroll taxes that could hit education in my hometown of Hays. professionals for lunch at The Round- small business owners. Following a childhood upbringing in table. While there was a lot of talk of The Medicare actuary has reported the oil and gas fields of western Kan- sports and politics, I learned a lot more that health care costs would actually sas, Ross enrolled at Kansas State Uni- about life by listening to Mr. Beach. increase over the next decade by a
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17795 total of $310.8 billion. The Congres- when she said the House would ‘‘have time. It was the steel industry and the sional Budget Office, or the CBO, wrote to pass the bill so you can find out auto industry. That enormous strength that most of the major saving pro- what is in it.’’ Yet what we do know of America carried us through World posals in the health care law are ‘‘wide- about it violates all four of the prin- War II when we literally built the ar- ly expected’’ to be scaled back or would ciples on which any health care reform maments to take on Nazi Germany and be difficult to sustain for a long period. should be based. Japan. It was done here in the indus- That means higher deficits. I supported the Republican alter- tries of America. The manufacturing The second principal for health care native 6 months ago, H.R. 3400, the Em- base of this Nation needs to be rebuilt, reform is that it should increase access powering Patients First Act. It in- and it is the Democratic Party and the to care. That has yet to happen under cludes my principles and it deserves programs that my colleagues and I will the new law. Instead, major health in- support. be talking about today which will surance companies in California and f cause that to happen. America will other States simply have decided to make it when we make it in America. MAKE IT IN AMERICA stop selling policies for children rather Joining me tonight are two of my fel- than complying with the new Federal The SPEAKER pro tempore. Under low colleagues—PAUL TONKO, from the law that bars them from rejecting the Speaker’s announced policy of Jan- once and future great industrial part of youngsters with preexisting conditions. uary 6, 2009, the gentleman from Cali- New York, and Mr. ELLISON, from the While these insurance companies are fornia (Mr. GARAMENDI) is recognized great Midwest. not distinguishing themselves, the re- for 60 minutes as the designee of the So I would like to turn to them for a ality is that they will always look out majority leader. few moments for introductory com- for their bottom line. Mr. GARAMENDI. Mr. Speaker, I ments, and then we’ll turn back, and The Medicare actuary found that pro- thank you for this opportunity. we’ll begin to hit not only what was visions in the law will cause as many Coming off the elections, everyone done over the last 2 years but, also, as 40 percent of Medicare providers to wants to know what the voters had on where we are going in the future. become unprofitable over time, thus their minds. I’ll share with you a few Mr. TONKO. ‘‘providers would have to withdraw things that I heard from my voters in Mr. TONKO. Thank you, Representa- from providing services to Medicare my district and throughout Cali- tive GARAMENDI, and thank you for beneficiaries.’’ This will mean prob- fornia—perhaps experiences similar bringing us together on a very impor- lems with access to care. An example from around America. tant topic. ‘‘Make it in America’’ man- is, in Texas, over the last 2 years, more They want jobs. They want to work. ufacturing matters, absolutely. I think than 300 primary care physicians have I think all of us in one way or an- what has been promoted also as a stopped seeing seniors. other understands and feels within us subtheme here has been the investment the need to work. It’s part of our lives. in basic research, R&D, and in sci- 1950 b There are a few, undoubtedly, around entific research, making certain that My third principle is that we should who don’t ever want to work—and okay we can move forward with cutting- preserve the innovations and improve- for them—but for most Americans, edge, ahead-of-the-curve sort of tech- ments that have allowed this country they want a job. They want the oppor- nology that enables us to create jobs to pioneer new treatments, medica- tunity to bring home a paycheck, to on the radar screen that simply are not tions, and equipment. Yet, under this support their families—to provide for there today, and it allows us to ad- law, there will be $107 billion in taxes their food, their shelter, their opportu- vance, I think, an energy agenda and on drug and device manufacturers and nities for education, and to go on a va- an environmental agenda that allow insurers. That is more money for taxes cation every now and then. That basic for us to grow jobs. and less money for innovation. instinct—that basic desire to care for Now, as you were making your intro- The bill requires small businesses to your family, to help build a commu- ductory comments, I was thinking file 1099 forms to any vendor with nity—I think is part of America. Amer- about America COMPETES, which is which they spend more than $600 in a icans want jobs. If there were ever a the legislation we did on this House given year. That will affect 40 million message from this year’s elections, it’s floor several months ago. I think 98 businesses that will be involved in in- that. percent of our Republican colleagues creased paperwork at a huge cost, de- Now, this isn’t new to those of us voted against the measure. We got just tracting from their ability to invest in who are here in the Chamber. It’s not about no support. Yet it was supported research and development. new to the Democrats, and I’m sure it’s by the United States Chamber of Com- Finally, I believe that any reform of not new to my Republican colleagues merce. They understood the wisdom of our health care system should preserve also; but who actually over the last 2 investing in R&D and basic research the decisionmaking process between years amongst all of us in this Cham- and in providing for the modernization the patient and the patient’s physician, ber and in government have actually of our manufacturing sector. not the government, not a bureaucrat, been working to create those jobs? I I am convinced, like you, Representa- and certainly not anyone from a health think it’s the Democrats. We are going tive ELLISON and others, that we can insurance company, but the new health to make that point here today, not make it smarter in America, which will care law does just the opposite. only about the past actions that have allow us to be very sharp, competi- In one estimate, the law creates 159 been taken over the last 2 years, but tively speaking, on the global market various bureaucracies and commis- about what’s coming in the future. scene. I think that we can do it in a sions, Mr. Speaker. In fact, the Con- Early in 2010, many of us on the way that allows us to advance jobs in gressional Research Service essentially Democratic side began to formalize and this country simply by embracing the threw its hands up in the air and con- to formulate a strategy, and we call intellectual capacity of this great cluded ‘‘the precise number of entities that ‘‘Make It In America.’’ If America country. that will be created is currently un- is going to make it, then we must, once In my home district of the 21st Con- knowable.’’ The administration has re- again, make it in America. We must re- gressional District in New York—the leased 4,103 pages of regulations and is build our manufacturing industry, upstate region, the capital region—we still going strong. Soon the govern- which is where we make things. are home to GE Corporate. I just wit- ment will be in control of every aspect As a child, I remember looking at the nessed their moving forward with plans of health care, but I assume that was pictures of America, of the great po- to do advanced battery manufacturing, the ultimate goal. etry of America’s birth of industry, which will be the linchpin to all sorts This 2,700-page law is, as the CRS when the robust strength of this Na- of energy innovation. As we do that, we says, ‘‘currently unknowable.’’ Our tion was seen in the manufacturing can grow jobs here in America by in- Speaker, NANCY PELOSI, had it right sector. It was heavy industry at the vesting in R&D, by coming up with new
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17796 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 product lines, and by making certain it fast enough? It’s never fast enough going to take some real investment in we’re ahead of the curve on science and for us after we’ve lost 8.2 million jobs, our belief in ourselves to reclaim this technology opportunities that are after the American households in the mantle of manufacturer for the world. available to this Nation. last 18 months of the Bush presidency This can happen. We’ve done it be- In the construct of the 21st Congres- lost $18.5 trillion. That was pain that fore. America still is the leading manu- sional District, I represent the old pas- was very deep, deep and dark, and it’s facturing Nation in the world, but sageway—the Erie Canal, the route of never fast enough, but it is certainly a we’ve seen other nations creeping up freight-hauling—that really built rise in the right direction and a move- on us. We can do it but these invest- America and inspired the westward ment that needs to continue along that ments are going to have to happen. movement. In so doing, in building road of progress. In this Congress, we made tremen- that canal, we also gave birth to a Mr. GARAMENDI. You also raised dous investments in, as you already necklace of communities called ‘‘mill the very, very important part is that pointed out, the American Recovery towns,’’ and they became the epicenter the industrial strength of America has and Reinvestment Act. Important. We of invention and innovation. So it is almost always occurred as a result of call it the stimulus for shorthand, but within our DNA, that pioneer spirit, the research and innovation that has the fact is it was reinvestment. Rein- here in America to continue to do that, been the hallmark of America. You vestment is one of the R’s in that and I think we need those incentives mentioned the COMPETES Act which American Recovery and Reinvestment that we talked about. deals with energy research in the Act, and Mr. Speaker, I want the This leadership and this House dur- United States. It deals with scientific American people to bear in mind that ing the 111th Congress gave birth to a research. It’s an extremely important investment is what we need at this number of ideas, including America one, and unfortunately, our Republican time so that we can continue our up- COMPETES, closing tax loopholes for colleagues refused to support that bill ward trajectory for jobs. investments taking jobs offshore, tak- when it was here on the House floor. I hope that our friends on the other ing them into other locations. We want We had enough Democrats at that time side of the aisle who are going to get to close those loopholes and absolutely to move the bill out. the gavels after they assume leadership promote the Small Business Jobs Act. Also, as I recall, I wasn’t here and my continue this effort to try to reinvest Those were great cornerstones of devel- two colleagues were here at the time— in America for the sake of manufac- opment that will allow us to grow jobs, it was the American Recovery and Re- turing. We will see. They will have the and as we know, we’ve had 10 consecu- investment Act, otherwise known as chance. But the fact is that this Demo- tive months of private sector job the stimulus bill, that created the larg- cratic Congress put this country on a growth. est increase in scientific research ever platform and a foundation for future in America’s history. Now, the public growth in jobs and manufacturing. b 2000 may not appreciate that, but that re- There was mention a moment ago of We’ve now surpassed the million search is finding its way into every the investment act. Not only did we in- mark for private-sector jobs, and that’s part of our industrial future, and from vest in scientific research, we invested a great accomplishment in light of the that, the billions of additional dollars in infrastructure. We not only invested 8.2 million that were lost during the that were spent, two things happened: in infrastructure, but in our health Bush recession. And speaking of Presi- scientists, technicians, lab techs, engi- care bill we invested in making sure dent Bush’s track record, they were neers were employed. They had jobs, that we have the educational where- losing jobs. They were losing a net—we and they were developing the future in- withal to take care of our people into had a net zero gain of private-sector dustries of America. the future. Tremendous investments in jobs during that administration. This 1 Enough from me. Let me turn to my education, for medical education, so million is a great mark as we move for- compatriot from the Midwest. Mr. that we can take care of our people. ward in this calendar year to turn this ELLISON, you have a very, very impor- That, again, will fuel manufacturing country around, and we need to just tant part of the country. It wasn’t par- because part of manufacturing is med- continue along that road of progress. ticularly friendly to us Democrats but ical device manufacturing so that we So it’s great that you have brought friendly to you because of your out- have the educational talent to make us together, and I’m happy to join you standing leadership. So please share those instruments that are life saving during this hour. with us your experience there in the in this world. Mr. GARAMENDI. Thank you very upper Midwest. So you put the health care bill, to- much, Mr. TONKO, and I know that you Mr. ELLISON. Well, Congressman, gether with the Recovery Act, what are going to have to leave us in a few let me just thank you for holding down you’re talking about is a recipe for moments, but you just reminded me of this Special Order and congratulations making things that will help life-sav- one of those little charts that I often to you and Congressman TONKO. In ing research take place through Amer- have here, and this one really does California, you-all conveyed the mes- ican innovation and manufacturing. show what you just talked about. It sage, and I want to congratulate your So I just want to commend you for displays that the gold here are the whole State for your success from our being down here week after week. Bush years. You can see the enormous side of the aisle. Whether you have a bunch of people number of losses of jobs, and right But unfortunately I’m going to have helping you or whether you’re by your- down here, right here at the bottom, to be here for a short while tonight, self, you have an enduring commit- that’s the start of the Obama adminis- but I just wanted to come down and ment to making sure the American tration in January of 2009, and each share a few moments with you and the people know that manufacturing is not month thereafter, each quarter, we saw Speaker and the American people, talk declining—well, it has been but it an improvement. We didn’t see the jobs about the importance of maintaining doesn’t have to be declining—in Amer- really coming back in the private sec- and holding on to that vision of mak- ica. It can be ascending in America if tor until the last several months, but ing it in America because we did it be- we make the investments in education clearly, in the last several months, fore, we can do it again, but it will not and research and the things that we those jobs are there. Interestingly, the happen by magic. It’s going to take talked about earlier. unemployment rate has not dropped some things. I want to say that being from the because it is the government jobs that It’s going to take, first of all, some Midwest, and I’m so proud to be from are now being lost but, nonetheless, a investment in education. It’s going to the State of Minnesota, wonderful net gain in the jobs in the private sec- take some investment in our Nation’s State. We already had a little bit of tor. infrastructure. It’s going to take some snow there. I know you all don’t know Mr. TONKO. That’s absolutely the real investment in our small businesses what that is in California. It’s white, progress we wanted to witness, and was so that they can get it moving, and it’s fluffy stuff. The fact is we even in the
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17797 State of Minnesota are investing in ican team was decimated. We were on to stabilize the financial industry. We wind. We are investing in biofuels. We our backs. We were losing 800,000 jobs a got most of that money back, and we’ll are investing in all sorts of green en- month in the last year of the Bush ad- probably get it all back in the years ergy producing methods that also re- ministration. It was 8 million jobs lost. ahead. It was stabilized, not as good as quire that we’re going to be manufac- The second quarter, we brought in we would want; but it was stabilized. turing new technology but also trans- the Obama team. It didn’t start off too And then the next piece was brought mission lines to transfer the energy good. The first few minutes of that forward, which was the American Re- that we make based on our innovation. quarter were rough, but it was an im- covery and Reinvestment Act. By all In the course of the time between Au- provement. Each minute that went by, accounts, by learned economists, 3 mil- gust and now, we’ve been home a lot, each quarter that went by, we saw an lion jobs were created or saved as a re- working hard but back in our districts, improvement; and by the end of that sult of that. And that wasn’t the only and I had the opportunity to go to a second quarter, we were building jobs. piece of legislation. There was in that number of manufacturing companies in We were building jobs in the private piece of legislation reinvestment in my district. 10K Solar, they know who sector. science and technology and research, they are. They’re in Minnesota. They Now, we’re into the second half of the reinvestment in our roads and streets are a cutting-edge solar innovation Obama administration. What’s going to and bridges, building the foundation manufacturing company. Other compa- happen? The Obama team is still on the for the future of America. nies are making new fascinating things field. The President’s in place. We have Followed up later in this session by with wind technology. And this is the a strong minority position going for- Democrats with legislation called the kind of thing we want to stimulate. ward in the Democratic Caucus. Our HIRE Act, to put people back to work, This is what is going to continue to Republican colleagues will take over to give businesses the financial incen- make America the great economic the management of the House, and tive to hire people, to bring people power that it has been, and I just hope we’ll see how that goes. On the Senate back onto the payroll, subsidizing that we can get some real bipartisan side, the Democrats are still there. So those rehires so that people can take cooperation to continue this drive so let’s continue the second half as the that paycheck home and say, Dear, I’m that we can continue to make America Democratic half. back at work. I’ve got a job again. Here’s our plan: we are going to de- that country that is the envy of the That’s what Americans want. And the velop strategies—many of them are al- world. Democrats were delivering that. ready in place—to make it in America And so unfortunately, Congressman, The last piece of legislation before so that America can make it, and it is I’m going to have to leave you to carry we went into the election was a piece based on this: manufacturing matters. of legislation to help the governments the weight tonight, but again, I just That was the Speaker’s message. The want to thank you for your commit- of America, the cities, the counties, minority message going forward in this the States, keep people employed in ment and just say that I draw inspira- House next year will be ‘‘make it in tion from the pictures that you’re the essential jobs that are the public America so that Americans can make sector jobs: police, fire, teachers. In about to explain right now. it.’’ It’s important to be able to take Mr. GARAMENDI. Well, Mr. ELLISON, California alone, 16,000 teachers are in that paycheck home. the classroom this year as a result of thank you so very, very much, and it’s My oldest daughter, now a little bit that piece of legislation. We want peo- a busy night for all of us. We’ve just older—well, I should say more than a ple to work. We put those bills on the come back to reorganize ourselves and little. I’ll never forget the day she floor. Some were actually passed by to go forward. came back from her first summer job. Earlier today we selected a minority She came back, and she showed us her the Senate, much to our delight; but leader for the next year. It is our cur- check. She held it up like that; and she many, many were not. There were rent Speaker, NANCY PELOSI, and as she said, Dad, I’ve got my first paycheck. many pieces of legislation that passed left the caucus today she very clearly She was proud. She was so proud that here without Republican support, but laid out an agenda for the Democratic she was a working American. nonetheless were an effort on our part Party. That agenda was Make It in And I know for those millions of to put people back to work. We’re America: Manufacturing Matters, and Americans out there today that can’t going to take this thing further in the Take Care of the Middle Class. These find a job, they want to be able to come year ahead and up through the next two things go together. If we are going back to their home with that check in session of Congress. to have a robust economy, if we are hand and tell their children, I’m back Let me put this up here for you to going to be able to move up the em- at work. I’m working again. I can take see. My colleague, Mr. ELLISON, was ployment and reduce the unemploy- care of you. I can provide for your edu- talking about wind turbines and photo- ment in America, then we must make cation. I can put the food on the table. voltaic. Interesting, but not many of it in America. As we do that, we will That’s what they want. And we have a these are made in America nowadays. recreate those very, very important, strategy in mind on the Democratic Most of these are imported: wind tur- critical, middle class jobs. There’s a side that will do that. bines from Europe and China; photo- whole strategy that’s underway here. This first quarter that I was talking voltaic cells now mostly from China; about, the strategy was basically to in- buses from Europe and other places. We b 2010 crease the wealth of the wealthy, to can make these things in America. We I used to play football when I was start two wars and never pay for them, can make these things in America be- back at the University of California a and to take the referees off the playing cause we once made them in America. few years back and did fairly well at it. field and just let it rip. And we were In my own district, in the Fairfield/So- But there is an analogy that I think we ripped to a fare thee well. Wall Street lano Counties area of California, we need to keep in mind here to the cur- just went crazy with ultimate greed. used to make a lot of solar panels. And rent economic situation in America. And the result—we should have ex- in the Bay Area, there still is a bus Let’s envision for a moment that the pected it—you take the referees off the manufacturer, one of the few left in first quarter was the 8 years of the field, take the rule book, throw it off America that actually produces buses, Bush administration. What happened? into the shower; and what do you the GILLIG Corporation. Well, I had a little chart up here a few think’s going to happen in an NFL I will never forget the day that I moments ago, and maybe I ought to football game? Well, that’s what hap- went out to visit the wind farm in So- put it back up. The first 8 years of the pened when Wall Street was allowed to lano County and talked to the compa- Bush administration—be with me for a run amok during the George W. Bush nies that were putting those wind tur- moment here—were the years of the years. bines up. I asked them, Boy, that’s first quarter. What happened? It was a It was the Democrats in this House, quite a tower. It’s 400 feet high, a lot of wipe-out. It was horrible. The Amer- in the Senate that laid out a structure steel. Oh, yeah, yeah. We bring that in
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17798 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 from Korea. That’s interesting. And to use your private money, if you want economy doesn’t grow, the deficit can- those blades stretching out the length to buy a Mercedes-Benz, go for it, but not be dealt with. So we grow the econ- of a football field, 300 feet? Oh, yeah, not with our tax money. omy. Policies such as we have talked those are brought in from Europe right It also applies in the area of energy about here are a way of doing it. now, but maybe we can begin to manu- policy, the same thing. In the Amer- There is another thing about the def- facture those once again in Colorado. ican Recovery and Reinvestment Act, icit that needs to be taken into ac- And all the gear boxes and all of the there were substantial subsidies for count, and that is: Where did it come electronics, all of it is imported. wind and solar and green technologies from? Here is a fact. The day that And I told them, I said, You want me of all kinds, nuclear and the rest. Good. George W. Bush took office in January to continue to support American tax We need to change our energy policy. of 2001, he was handed a $230 billion money, subsidizing your wind turbines We have to move away from our de- surplus. The day that President Barack and your business, and you want those pendence on coal and oil into new, re- Obama took office, he was handed a things made overseas? Well, they don’t newable technologies that do not con- $1.3 trillion deficit. Why did it occur? make it in America anymore. And I taminate our atmosphere with carbon Collapse of the economy, clearly a big said, Well, let me put it to you this dioxide. piece of it. And the policies of the gov- way: if you want my help, if you want Are we going to do that successfully? ernment just letting Wall Street run American taxpayer money for sub- If we allow our tax money, our sub- amuck, the housing industry run sidies, then you damn well better make sidies to be spent on equipment made amuck without any rules, all of that it in America; otherwise, our tax overseas, I don’t think so. I don’t think was part of it. But there was more to money ought not be used to support in- so at all. That is our money. We should it. dustries overseas. If it’s private money, spend it in the future on American- The Bush tax cuts in 2001 and 2003 do what you want to do. If you want to made equipment of all kinds. That added billions and, over time, trillions buy a turbine from Europe, fine. If you should be our policy. That is legisla- to the deficit. And the Iraq war and the want to buy a turbine from Japan or tion that I have introduced. That is Afghanistan war, two wars that were China, fine. But use your own money. legislation that is strongly supported. financed by borrowing money from Don’t you use American taxpayer And, I dare say, it is legislation that China, added to the deficit. Those are the realities. The deficit is money. But unfortunately, far too will be a major part of Make It In part of the economy now; it is part of much of that has gone on in the years America, the Democratic agenda to re- our fiscal situation. It started, grew, of the past. build the manufacturing sector of this and manifested itself during the George I have introduced legislation and oth- Nation. W. Bush years, and now we need to ers are following along so that our tax There is another piece of this puzzle that we need to keep in mind, and that work our way out of it. money is going no longer overseas for So how are we going to do that? How is tax policy. There was a lot of discus- buses, for bridge steel, for photovoltaic do we work our way out of this deficit? sion during the campaigns, and a lot of systems, for wind turbines. Our tax Well, with policies like Make It In Democrats lost their jobs on this issue. money, when these Democratic bills America, clearly important. The coun- It is the big ‘‘D.’’ It is the deficit. A lot pass this House and the Senate and tercyclical measures, providing unem- signed by President Obama, our tax of our Republican colleagues, right- ployment insurance, using the power of money will be used to support Amer- fully, said the deficit is a problem. government to bring jobs into reality, Well, you can go into economics. You ican industry. all of those are important. Tax policy, can talk about Keynesian counter- b 2020 also. cyclical economic policy and all the A big debate will occur in this Cham- Think of what that means. We spend rest. And I happen to believe that when ber in the days ahead. Before December $4 billion a year buying buses with our the economy is going in the tank, 31, a debate will occur as to what will tax money, our gas tax money. Where countercyclical measures, Keynesian, be the tax policy of the United States. is it going now? A lot of it is going using the government purchasing to The George W. Bush tax cuts, which I overseas for foreign-made buses and encourage the growth of the economy, talked about a moment ago that cre- trains and equipment. We don’t want to stabilize the economy, unemploy- ated a large part of that deficit, are up that anymore. ment insurance and other benefits that for debate because they expire on De- In the American Recovery and Rein- provide a foundation are extremely im- cember 31, 2010. The expiration of those vestment Act, some $12 billion was set portant. And, we will soon, on this tax cuts, most of which went to the aside for a high-speed rail, and a sen- floor and over in the Senate, take up wealthy, are going to be up for debate. tence was added to that particular the extension of the unemployment in- Our Republican colleagues want to piece of the bill that said that when surance. extend all of the tax breaks. The Demo- high-speed rail is built in America, it I know our Republican colleagues are crats, President Obama and the rest of will be built in America by American opposed to this. They think that by us, have a different idea. We think the manufacturers. ending the unemployment insurance, deficit is really important. We believe There are some companies overseas people will go out and find a job. I that we have to address the deficit. The that build these high-speed rail sys- think not. And even a few Republicans extension of all of the Bush tax cuts tems. Some of them whined, and others lost their jobs in this election, and we will significantly increase the deficit. of them—Siemens, in particular—said, will see if they get unemployment in- Now, on the Democratic side, we be- Well, if that is where the money is and surance. They may very well apply for lieve that the tax cuts to the middle that is the requirement, then we will it, and maybe some of my Democratic class are extremely important, because build the Siemens high-speed rail sys- colleagues will also. But that unem- they give the middle class the oppor- tem in America. ployment insurance keeps food on the tunity to have a larger paycheck, less It makes a difference in how you table, keeps families together, and pro- taxes taken out, so that homeowners write laws, and the laws that we should vides the shelter that is necessary, be- can pay the mortgage, put food on the write that use our gasoline and our die- cause the jobs are not yet there, be- table, provide for their families, give sel tax money to buy buses, trains, cause these policies are just now going kids the books, the backpack, the other kinds of rolling stock, and to into legislation and eventually into the things they need to go to school. That build bridges and to build highways, law and into place. is our view. The tax cuts should be ex- that is our gas tax money, that is our The deficit, what are we going to do tended for the middle class. diesel tax money, then spend that about the deficit? We are going to have Let’s look at what happens in a very, money on American-made equipment, to get the economy going. That, all very important policy discussion be- whether it is a bus, a high-speed rail, a economists say, is the most critical tween the Democrats and the Repub- train, or whatever. Again, if you want part of dealing with the deficit. If the licans about taxes. There are a lot of
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17799 bubbles on this page, but these bubbles That is not our constituency. The lican plan. Instead of giving $83,000 a represent real money. The George W. Democratic constituency is the hard- year to the wealthiest 1 percent of Bush tax cuts, if extended, have this ef- working middle class that will get a Americans, you can take that same fect: tax break, a continuation of what they amount of money and give a $30,000-a- For those people that are earning have had for the last 7 years. year job to 3 million Americans. $10,000 or more, they will get $52 in re- This is important. This is about the Our work is about choices, our work duced taxes. And so it goes. Let’s say a deficit. Remember, every taxpayer in is about values, and, frankly, our work person is earning $75,000 a year. They America gets a tax break up to $200,000 is about morality. Tell me what is the will get $1,800 of tax cuts. And then it or $250,000. They get a break. But you morality of allowing the richest 1 per- continues to grow. The more income get more money above that, and your cent of Americans to buy 800 cigars a you have, the more wealth you have, adjusted gross income is greater than year and light those cigars with $100 the greater the break, the greater the $250,000, then for that amount, up to $1 bills, $83,347 in tax reductions, versus 3 tax cut for you, so that by the time million, you are going to pay 3 percent million Americans, 3 million unem- you are a millionaire, your average tax more. For a millionaire, $30,000. For a ployed Americans who have a family, reduction is $17,000. billionaire, okay, it will be more dol- who are losing their home, who cannot Under the George W. Bush, that is av- lars, but the increase is only going to provide food if the Republicans are able erage. That is between $500,000 and $1 be 4-plus percent. This is not going to to block the extension of the unem- million. But if you are a millionaire bust their bank, and it is not going to ployment insurance. and you have $1 million adjustable tax, hurt small business. This is a moral question. This is a you will receive an enormous benefit. Let’s be clear about this: Small busi- question of what is right and wrong in And then, if you get up to the ness is not impacted, except for just 3 America. This tax cut shows the divid- gazillionaires, here is where you are. percent of the small businesses in ing line about where you stand in b 2030 America, meaning this proposal that America. the Democrats are going to put forward Where do you stand? Are you with The Democrats have a different idea. will provide a tax break for 97 percent Our idea is that every taxpayer, every the richest 1 percent, so they can go of small businesses. It will not increase out and buy a Mercedes E class $80,000 taxpayer, the very wealthy and those their taxes for 97 percent of small busi- who are making just $10,000 a year, vehicle every year for the next decade, nesses. or do you stand with families and want should receive a tax break on the first For 3 percent, and here is the defini- to put a paycheck on the table? I think $200,000 that an individual makes and tion of small businesses, the world’s it is pretty clear. $250,000 for a couple filing joint tax re- largest construction company, Bechtel, Mr. TONKO, thank you for rejoining turns. Let me make that clear: Every in California, is by the definition that us. taxpayer gets a tax break, up to the Republicans use a small business. Mr. TONKO. Thank you, Representa- $200,000 for an individual and $250,000 Billions of dollars of annual income. It for a couple filing a joint tax return. is a small business. I think not, but tive GARAMENDI, for an enlightening What is wrong with that? Million- that is the Republican definition. discussion on job creation, making it aires get a tax reduction, billionaires Now, one of my colleagues earlier to- in America, and tax policy that can get a tax reduction, every taxpayer night did a little thing that I just have empower our middle class. The gets a tax reduction. And this is our to do again, because it is very illu- strengthening of the middle class, ena- plan. But for those who are very, very minating, so let me do that. I will take bling them to have more purchasing wealthy, those who are making over down our principal message for the two power, has got to be the guiding force $250,000, $500,000, $1 million, $1 billion a years ahead: Make it in America. Man- as we continue to do work in the clos- year, we think they have an obligation ufacturing matters. If America is going ing stages of the 111th Congress and to America, and they should not re- to make it, we must make it in Amer- move into the next session of Congress. ceive a continuation of the tax break ica. It is absolutely essential. I think it is that they have had for the last several I was talking a moment ago about what everyone heard out on the cam- years, this kind of a tax break. the Bush tax cut. Here is what it paign field this past fall and summer. So we would suggest that their tax means. The Republican plan, if the People were concerned about the econ- break go back to what it was before Bush tax cuts are extended, will cut omy. 2001. In the case of those earning up to taxes for the rich an average of $83,347 Again, we have surpassed that 1 mil- $1 million, it would go from 33 percent a year. $83,347 a year is the average tax lion count for new jobs in the private- to 36 percent. Oh, my goodness, a 3 per- reduction for the 1 percent wealthiest sector realm, but after 8.2 million jobs cent increase. How horrible. Americans, the 1 percent wealthiest lost, it simply isn’t getting us there I think not. What does that amount Americans. quickly enough. to for somebody making $1 million a Well, what does that mean? Well, it b 2040 year? Three percent, $30,000. That is means that for the next decade, they not going to bust their checking ac- will be able to buy an $83,000 Mercedes I understand the impatience. I under- count. But it is certainly going to be Benz E-class every year for the next stand the fear. Obviously, people need important if you are concerned about decade. Or maybe they want to buy to have a job. The dignity of work en- the deficit. If you care one iota about their wife, girlfriend, whatever, a mod- ables them to dream the American the deficit, you better be caring about est purse, a Hermes, just a handbag, Dream of house ownership and allowing this, because here is where the real $64,000, every year. That is a lot of them to encourage their children and money is, right here. purses for the next 10 years. help their children pursue their careers For the tax breaks to continue, for Now, if that is not sufficient, we like through perhaps higher education. So those above $250,000 we are talking to characterize some of these fat cats it’s important that we respond to that about over $700 billion of increased def- with their cigar. Well, they won’t have dynamic of empowering the middle icit. You can’t have it both ways here. trouble buying cigars. These are top- class. You cannot have it both ways. If you line cigars. They can buy 800 cigars I think there’s some telling statistics are concerned about the deficit, then every year. And that is not all. They that are really highlighting the con- why in the world would you want those can light those cigars with a $100 bill. cern that people are expressing these people who are not hungry, who are not Every single cigar, that is 800 a year, days. Some 83 percent of all United homeless, who are not working in our and 800 $100 bills used to light them. States stocks are in the hands of 1 per- manufacturing plants, why would you I could go on and on, but I see my cent of the public. Now that is a very want them to be responsible for in- colleague PAUL TONKO has returned. lopsided statistic. We’re also told that creasing the deficit? Well, perhaps be- Here is the alternative, Americans. some 61 percent of Americans always cause that is your constituency. Here is the alternative to the Repub- or usually live paycheck to paycheck.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17800 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 That is up from 49 percent just a year plus, and then have it spent down again tax cut so that we maximize the ben- ago and then 43 percent just 2 years and giving priority to those engines— efit for the economy. But we also have ago. So that climb from 43 to 49 to 61 economic engines that simply don’t to think of the stewardship, the sound percent of those who usually or always work. When the Obama tax cut—again, management that was part and parcel live paycheck to paycheck is a concern historically large for the middle class— to the Clinton years when we contrast or at least ought to be a concern to the was implemented, we saw that what that with the management post-Clin- Members of this body. the economists, from far-right think- ton or pre-Clinton. It is absolutely es- And so it is important for us to make ing to far-left thinking, as a team had sential to incorporate concepts like certain that we break some of those suggested would happen. We actually PAYGO so that you pay as you go. You barriers and we allow for some of the saw that happen. And these economists are forced then to come up with the benefit to flow to the middle class. were right on. As soon as the middle ideas that will produce the revenues in Sixty-six percent of the income class was given its tax cut, that tax cut order to initiate the new spending. growth, for instance, between 2001 and was brought back. It was spent back in Mr. GARAMENDI. By PAYGO, you 2007 went to the top 1 percent of all the regional economies. And we saw mean that the Congress and the Senate Americans. And when we look at the the beginning of the end of that bleed- in enacting tax cuts balance those tax difference between the Obama tax cut ing of the recession. It ended the bleed- cuts off against reductions of program and the Bush tax cut, the Bush tax cut ing simply by creating that recovery, or vice versa. If you have a new pro- borrowed money from China to enable having those dollars recirculate in re- gram, the way you get the revenue to us to give as a government the top per- gional and State economies across the pay for it. cent of wealth—top 1 or 2 percent of country, the telltale indicators then Mr. TONKO. Absolutely. Mr. GARAMENDI. The PAYGO, wealth of America—to receive their tax proved that the bleeding of that reces- meaning as applied to us in the Con- cut. We borrowed. It was off-budget, as sion had stopped. And it was that em- you indicated earlier. So we borrowed gress. powerment of the middle class that en- Mr. TONKO. Exactly. And it creates to pay for a tax cut; to spend for a tax abled, I think, the economics of it all that sort of stewardship over the budg- cut for the wealthiest of Americans. to work. et that doesn’t find us in situations Now when we look at the Obama tax So we should take lessons from his- where we paid for two wars, we initi- tory, and we can take that Obama tax cut, it was the largest historic tax cut ated a part D Medicare doughnut hole cut and contrast it with the Bush tax for middle-income America. which impacted our senior population Mr. GARAMENDI. That was in the cut and see what really happened. And with their pharmaceutical needs and American Recovery and Reinvestment your whole statement about those gave a tax cut to the wealthiest of Act, wasn’t it? thresholds, those households of $250,000 Americans and did it all off-budget. Mr. TONKO. Absolutely—and often- or less, with that as a threshold we can And so that when this President as- times a fact missed on many out there. see the empowerment that comes when sumed office, one of the first tasks as- It was the largest such tax cut for mid- we concentrate on that portion of the signed the administration or embraced dle-income America, a historic state- tax cut that I believe will have a trick- by the administration so as to truth in ment. You compare that Obama tax le-down value. The $700 billion price budgeting and honesty in budgeting is cut to the Bush tax cut that borrowed tag on the upper income strata in to bring it online, which grew the def- to spend for the tax cut for the terms of spending on a tax cut for that icit, but it was a truthful budget. You wealthiest of Americans. And so now strata is a hefty one and we need to un- can’t continue to have an off-budget, we shouldn’t be surprised when we see derstand, analytically understand, borrow from China or whatever, in these stats that show more purchasing what the payback would be. What is order to pay for programs and say, power there for the wealthiest, who are the dividend; is there a lucrative divi- Okay, we’ll pay for it into the future. now usurping all of the purchasing of dend by spending such money on that The PAYGO concept requiring us to stocks out there. One percent reflect- given strata of tax cut. find the revenue sources in order to do ing the 83 percent of all United States Mr. GARAMENDI. Thank you, Mr. these orders of programing or tax cuts stock, for instance. TONKO. If you or anyone really cares will be accompanied by the mindset, So we need to do better than that. about the deficit, you need to really the logic of just how do you pay for it. And I would suggest that all income pay very close attention to this debate And PAYGO means being fiscally re- strata fare better when we have a that is going to happen here in this sponsible. strong middle class. You need someone chamber and here in Washington, D.C., Mr. GARAMENDI. Excuse me for in- to purchase your products. You need in the days and weeks ahead. And that terrupting. That was the policy during someone to build your products, to is, do we give an enormous tax break to the Clinton period, and it led to the manufacture your products. We need a the wealthiest of America, and in doing surplus because it put fiscal discipline strong middle class. We need to invest so increase the deficit by over $700 bil- into this building and over on the other in that opportunity. And I think all of lion, or do we limit that tax break to side in the Senate. Similarly, it has that recovery that we’re hoping for be- all taxpayers up to $200,000 or $250,000? now been reinstituted by the Demo- comes all the more expedited. An extremely important debate that crats a year and a half ago. It was shown to us in the Clinton will take place. years. By creating economic recovery, For me, it is time to think about the b 2050 by producing jobs, you solve the Na- deficit. It’s time to get real about the I want to just wrap up here. I want to tion’s deficit. President Clinton inher- deficit. And if you really care about go back to ‘‘Make It In America’’ and ited a deficit from the first Bush ad- the deficit, if you really care about wrap with this. Our time has almost ministration, and he handed over a $5.6 growing the economy, the point that expired here. billion surplus to the next administra- you just made, then limit the tax re- Mr. TONKO. Sure. tion. And then what did we inherit but duction so that all Americans receive a Mr. GARAMENDI. With this ‘‘Make a record deficit that was then passed tax deduction up to $200,000 or $250,000 It In America’’ agenda, as Speaker on to the Obama administration at of adjusted gross income. And keep in PELOSI and soon to be Minority Leader their beginnings in 2009 with, again, a mind it’s adjusted gross income, not PELOSI said as she exited the Organiza- recession that was more painful than gross income. Adjusted gross income. tional Caucus of the Democratic Party any economic consequences in the past That’s after all the deductions. today, there are two principles that the 70 years. Mr. TONKO. And I would suggest to Democratic Caucus will follow: One, we So the track record is such that you you also that we need to accompany will make it in America so that Amer- have seen Democrats working with the that sort of analytical thinking and ica can make it. Two, we will do this Democratic administration to build us that sort of dividend associated with on behalf of the middle class so that out of deficit situations, create a sur- the spending that would be done on a those jobs are there.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17801 Interestingly, while the President the hearts and minds of Americans ev- cans carry? Well, the top 10 percent of hasn’t used this term very often of erywhere. I want to talk a little bit Americans carry about 70 percent of ‘‘make it in America,’’ President about unemployment. I want to talk the tax burden in this country. How Obama has nonetheless proposed poli- about the economy and what the solu- about the bottom 50 percent of Ameri- cies that are directly in line with tions are to this problem. This isn’t cans? What percentage do they carry? this—specifically, that every business very complicated, but people try to Less than 10 percent. So I guess we’ve in America be given the opportunity to make it more complicated than it got a pretty graduated income tax. If immediately write off any capital in- needs to be. that were the solution, we’d already be vestments they make. Now, it’s al- When we get done with that subject, in great shape, but let’s get back to the ready in the law. In the American Re- I’m going to change gears and do some- basics about jobs. covery and Reinvestment Act, there is thing that’s a little bit more topical First of all, why is it that excessive in the law an automatic write-off of a for the Thanksgiving season. I’d like to taxation kills jobs? Well, the reason is capital investment made by a small tell you the actual story, a great ad- that the people who own small busi- business. That was increased in a sub- venture story, about the Pilgrims, nesses create most of those jobs. Small sequent bill that we voted out, without about the Thanksgiving that they cele- businesses—maybe we should say me- any Republican support, that allows brated and about the many other ways dium and small businesses, which have small businesses to write off imme- that they have blessed our country. 500 or fewer employees, are the busi- diately. First things first, let’s talk a little nesses that hire 80 percent of Ameri- The President would go further. I’ve bit, though, about something that’s on cans. introduced a bill that would do that— everybody’s minds—the problem of un- Now, my Democrat friends can’t other members of the Democratic Cau- employment and the problem of the seem to make this connection. If you cus have also—so that businesses would continuous and rapid growth of the kill the business, you’re not going to be incentivized to invest now in the Federal Government, which stifles our have the jobs. If you tax the business- capital equipment that will provide the freedoms and liberties, which buries us man’s hide off, he’s not going to hire foundation for future jobs. Invest now. in red tape and bureaucracy, which people because he’s not going to have This is part of our strategy. It is an raises our cost of living, and which the money to buy new equipment, to overarching Democratic strategy, one makes life more and more miserable put up new buildings, to invent new that we have been working on for some for Americans as they lose their free- technologies, and to expand his busi- time, beginning with, among the first doms, and the Federal Government’s ness. So the connection is pretty bills passed by Congress and signed by out-of-control spending that accom- straightforward. If you want to kill the President way back in 2009, the panies that. jobs, you tax the guys who own those American Recovery and Reinvestment These are problems we’ve talked businesses. A lot of those business own- Act. about, and these are problems that the ers don’t really think of themselves as Would you like to wrap this up here? voters have voted on. The voters seem wealthy, because they’ve started some Mr. TONKO. Let me just state this, to think that this is a problem in spite little businesses that have grown and that the landmark Small Business Act, of the fact that we’re going to try and grown and grown, and as they grow, which is intended to create jobs—we’re shove socialized medicine down the they keep putting more and more anticipating 500,000 jobs—allows for in- money back in the businesses. They throats of Americans and in spite of vestment in exporting, which I believe haven’t stopped to consider the fact the fact they don’t want it. We’re not is critically important; it allows for in- that they may be multimillionaires, dealing with unemployment. We’re not vestment in our modernization of man- but they keep putting the money into dealing with the causes for unemploy- ufacturing and small businesses, and it the businesses and the businesses grow ment, but I think we need to talk allows for the unleashing of some $300 and they hire more people. about it a little bit because it isn’t as billion worth of loan opportunities to If you’re just so hung up on the fact complicated as some of my colleagues our small businesses. that somebody is filthy rich and if We profess small business to be the seem to make it out to be. It’s not a you’re so hung up on the fact that they economic engine, to be the springboard matter of class warfare. It has nothing may be having more fun than you are to the economic recovery. To the credit to do with that. It’s just simple eco- and that you’ve got to tax them into nomics. of Speaker PELOSI, whose leadership the dirt, well, then you’re not going to has led this House through the 111th Now, if you want to talk to anybody have any jobs. You just can’t have it Congress, we have made that our focus. who is a small business man and ask both ways. If you want jobs, you have We came out of a deep, deep recession, him what are the things that kill jobs to have healthy businesses, and you and, unfortunately, there wasn’t and ask him what are the job killers, I can’t have healthy businesses if you enough time for us to feel the effects of would bet you he’s going to be talking tax them out of existence. So excessive the progress made by such legislation. about things on this list right here. taxation is just going to be a job killer. The first thing is excessive taxation. I just think we need to pursue that Insufficient liquidity. That is, if you The second is insufficient liquidity. path to progress. run your banks and if you have bank Thank you very much, Representa- What does that mean? It means it’s regulators all over the banks so they hard for businessmen to get money tive GARAMENDI. can’t make any loans, it’s hard for the Mr. GARAMENDI. Mr. Speaker, I from banks. businessman to get money to invest in yield back the balance of my time. Economic uncertainty. People don’t new things. want to take risks when they don’t f Obviously, economic uncertainty. know what’s going to happen next. Let’s say you own a business, and THE ECONOMY, UNEMPLOYMENT, Then, of course, there is a whole lot of you’ve got lots of money tied up in it. AND THE ADVENT OF THANKS- red tape and government mandates. All Are you going to take a great big gam- GIVING of those things are enemies to jobs and ble when you don’t have any idea what The SPEAKER pro tempore (Mr. job creation. next goofy policy the administration is POLIS). Under the Speaker’s announced Now let’s go into this just a little bit going to come up with or what kind of policy of January 6, 2009, the gen- because this isn’t so difficult. It’s not a additional taxes and red tape and bu- tleman from Missouri (Mr. AKIN) is rec- matter of class warfare. It’s not a mat- reaucracy you’re going to face? No. ognized for 60 minutes as the designee ter of rich people not paying enough. In You’re going to hunker down. You’re of the minority leader. fact, there is an interesting statistic or going to say, Wait a minute. I’m not Mr. AKIN. Thank you, Mr. Speaker. two. What percent of the overall tax going to take any risks in this environ- Good evening. burden do you think the top 1 percent ment. Business is off. I would like to talk about several dif- of Americans carry? What percent do A lot of people are boarding up their ferent topics today. One, I think, is on you think the top 10 percent of Ameri- businesses. A lot of businesses are
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17802 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 shutting down. A lot of jobs are being a farmer, and your dad dies and you this. We could have learned from JFK. shipped overseas. We create such a hos- find out you’re going to have to sell 55 No. Could have learned from Bush. We tile environment for business that the percent of your farm to pay the taxes could have learned from Reagan. When big businesses say, Okay. You show us that your dad owes on his death. Isn’t you’re in trouble like this, what you the rules. If you don’t want to have good enough to tax him when he’s want to do is you want to back off on your jobs in this country, we’ll take alive. You tax him when he’s dead. So the taxes and back off on the Federal the jobs somewhere else. The small we have a death tax. Well, by the time spending. We’re going the exact oppo- businesses just close their doors, and you get rid of selling half the fields and site direction. It doesn’t make any the jobs are gone forever. So the eco- half the pieces of equipment you say, sense to be raising taxes. We know that nomic uncertainty is a job killer. well, I can’t run the farm. Well, that’s taxing small business is a job killer, Of course there is red tape and gov- really smart tax policy, isn’t it, that and yet, we’re forging ahead, trying to ernment mandates. There is one that we shut down a small business by get everybody paying attention to the should be on this list, and that is ex- jumping the death tax from 0 to 55 per- fact that, oh, the rich’s guy got too cessive government spending. That is cent. many cigars or too many cars or some- also something that has always, his- We have child tax credits here that thing like that. torically, been a problem. are going up, marriage penalty, lowest But the trouble is the rich guy, who Now, on top of the unemployment tax brackets going from 10 to 15 per- owns that company, is the one who’s problem, on top of the runaway Federal cent. So, these taxes are coming. Most hiring people. He’s the one making the Government that is no longer a servant people would say, that studied econom- decision to add a wing on the building, but has taken on the effect of master ics a little bit, would say this is not put a new machine tool under the wing, and is bossing Americans around and what you should be doing during a re- to invest money in new processes, to taxing them out of house and home and cession. In fact, regardless if you’re a come up with a better way to do ruining the economy—if that’s not bad Republican or Democrat, history says things, to be more competitive than a enough, we’ve got another problem this is not what we should be doing. foreign competitor and put Americans that’s coming, and it’s something that You could learn—and I’m kind of sur- back to work. Those are the kinds of we need to deal with in the near future. prised that the Democrats haven’t people that you need to have taking taken a lesson from Kennedy because your money and plowing it back into b 2100 he had a recession when he was Presi- the economy. That’s the problem of a huge tax in- dent. He cut taxes and the economy Now, there’s some people think crease that’s just around the corner at sprung right back, and of course Ron- through this idea of Federal Govern- the beginning of the year. ald Reagan did it. I don’t expect the ment spending money that you can put So, if we’re already in trouble with Democrats to learn from Ronald people to work by the Federal Govern- close to 10 percent unemployment and Reagan, even though he used to be a ment hiring them. That seems on the we know that excessive taxation is one Democrat, but JFK, you think they surface like a bright enough idea. Cer- of the things that is a job killer, do we could learn from him. tainly if you take some tax money and want to then apply a whole bunch You think maybe they could have you go out and hire some people, those more, another huge tax increase to the learned from FDR even. FDR had a guy people have a job. Doesn’t that put peo- economy? Most people would say you who was Secretary of the Treasury who ple back to work? Well, yes and no. The have to be crazy to do something like was Henry Morgenthau. Henry Morgen- people you hire do get a job. The trou- that. Most people, when they look at thau came up with the same idea that ble is for everyone you hire, there are history, say that’s the dumbest thing Obama and company came up with a two people in the private sector that in the world to have a huge tax in- couple years ago, said we’re going to lose their job because the government’s crease right when the economy is hav- stimulate the economy by spending sucking that money for those salaries ing a hard time, and yet, that’s pre- tons of money. It’s a little bit like out of the private sector. The private cisely what is going to happen next grabbing your bootstraps and pulling sector then becomes less efficient, and year if the Congress doesn’t take ac- and hoping to fly around the room. You economists will say that you lose tion. know, they’re going to spend a lot of about two jobs out of the private sector What’s happening is, because of some money, spend enough money that will for everybody you put on the govern- rules in the Senate, the Bush tax cuts, get the economy going. That’s the idea. ment payroll. I mean, if putting people a series of Bush tax cuts are going to Now, no normal rational person on the government payroll worked, expire, and when they do, you can see that’s not been smoking those funny we’d all work for the government. They some of the jumps here from 2010 to cigarettes can come up with such an tried that in the Soviet Union. It 2011. This ordinary income tax, a idea. If you came home and your hus- wasn’t such a hot idea. bracket of 35 percent, is going to jump band or wife said to you, hey, we’ve got So, what’s the danger? Why am I to 39.6 percent; capital gains going too much credit card debt here, or I’m talking about this stuff? It should be a from 15 to 20. You know, the capital not making enough money, you know, day when politics is over, the elections gains, that’s an important one because things aren’t going right economically, are over, we could get back to work that’s a place where people who invest what do you think we should do? Oh, and do the right thing. Well, the right in businesses have money. If this tax is let’s spend money like mad. You would thing here is paying attention to the low enough, they can plow it back into think somebody was crazy. That’s what fact that America is in trouble with a business. As you raise it up, there’s less people have tried. Henry Morgenthau 10 percent unemployment rate. It’s ac- money going back into businesses. And tried it. He tried it for 8 years. He came tually more than that because I don’t these are different kinds of dividends, and appeared before the House Ways know if you know it or not, but any- going from 15 to almost 40 percent. and Means Committee. His words were, body who’s been unemployed for a cer- And the death tax, wow, is that ever We have tried spending money. We’re tain period of time, they don’t count taking a jump. Everybody who needs to spending money, more than we have them anymore. So they’re not unem- die, you need to die this year, that’s for ever spent before and it does not work, ployed, even though they don’t have a sure, because death tax is zero. It’s I say, after 8 years of the administra- job. That’s sort of an interesting way jumping to 55 percent. So when you get tion. We have just as much unemploy- to count, isn’t it? beyond the first million or two that are ment as when we started and enormous But anyway, here’s what happened a protected from the death tax, what’s debt to boot. number of years ago. I actually was happening is, your dad owns a farm and Now, I would hope that we could here in Congress when this happened, he has a lot of fields and he’s got a lot learn something from history. This is and these charts go back a few years, of pieces of equipment, and your plan is FDR. This is World War II vintage-type but I think it’s kind of interesting. to follow in your dad’s footsteps and be stuff. We should have learned from This is the gross domestic product. So
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17803 these vertical lines are America’s GDP, I was surprised during this time pe- ’04, ’05, ’06, ’07. The Federal revenues and this is before and after a tax relief riod when people wanted to say that start going up even though we did which occurred in 2003 about the first the tax cuts had cost us a whole lot of these tax cuts. Now what we want to do or second quarter of 2003. money, that when you took the money is to reverse this. We’re going to get And so the tax decrease we’re talking they claimed the tax cuts cost in lost rid of the tax cuts which is then going about here is the very tax that’s going taxes and added it to the war in Iraq to have more effect to drive the econ- to expire. So when we cut this tax in and Afghanistan that the amount of omy down. It’s going to create more 2003, what happened to GDP? Well, money total was less than what it cost job loss, and it’s going to make the here’s GDP going along like this be- us to have the economy in the tank in GDP worse. fore. We do the tax cut and take a look these first couple of years. So when the We are having trouble learning some at what happens to GDP afterwards. economy is bad in your home, it’s bad very basic lessons from history where Now, that suggests that if there’s any in your State. It also is lousy in the we are at a point where we are over- causal relationship at all that the tax Federal Government. So you put all of taxing the economy. And if we want to cuts gave us a better GDP. these tax cuts in place. You think, Oh, get this economy going, we have to Let’s take a look at the same tax cut that’s fiscally irresponsible because learn from JFK, we have to learn from not applied to gross domestic product, then the government is going to go Ronald Reagan, we have to learn from but let’s take a look at it applied to into debt more and more. Oh, is that Bush II that the way to deal with this jobs. These lines are job creation. The really so? The fact is not so. thing is to cut government spending ones that go down mean that we are Let’s take a look at what happened. and to cut taxes. It’s a very straight- losing jobs. The ones that go up mean Here are Federal revenues. This is the forward answer. But we also have to re- that we’re creating jobs. This is what year. That is the tax cut. So Federal alize that if we don’t deal with the tax the economy is doing. Now, this, again, revenues are coming down here. We cut increase that’s coming up, we are going is this May 2003 when these tax relief taxes, and the Federal revenues actu- to add significantly to the already ex- measures went into effect. Look at all ally go up. Now that seems like mak- isting economic problems of our coun- the jobs we’re losing here, and look at ing water run uphill. Why is it possible try. the snappy turnaround right here when that the Federal Government would So what’s the solution? It’s not com- you let the small businessman keep get more money when we reduce taxes? plicated. Make the Bush tax cuts per- some of what he earns. My goodness, It is known to some people as a Laffer manent. Now we, Republicans, have what a turnaround. Curve. But what this is, it’s the effect proposed that for years. The Senate Now, here’s a very unpleasant that when the economy gets going, we Democrats have opposed it. The Demo- thought. If these tax cuts had this posi- collect more tax revenues. crats in the House have opposed it. tive effect when the tax cuts went into Let’s look at it this way: let’s say They say all of these tax cuts are for effect on jobs and on gross domestic that you are made king for the year, rich people, and they talk about the product, if these tax cuts had that posi- and your job is to collect as much rev- classes of society in America. And the tive an effect, what happens when we enue as you can collect in the selling of one thing they can’t seem to remember reverse that same thing? What happens loaves of bread. So you start to think. is the fact that if you don’t have a when we turn it upside down? What You say to yourself, Well, I could put a strong business, you’re not going to happens when the tax cuts expire? Are one-penny tax on a loaf of bread and have jobs, and you’re just going to they not likely to exert the exact oppo- people would eat a whole lot of bread have to get used to it. site force on our gross domestic prod- because we’re not taxing it very much, In America, some people get stinking uct on our already high unemploy- and we’d raise a certain amount of rich; and it’s okay; and it’s all right for ment? Now, we’re not in this situation. money. And then you think, Wow, but them to have their money because a lot if I could do that with a penny, I could of times, if they get enough money, b 2110 move that decimal over and charge a they start spending it on other people Right now we’re having trouble with dollar a loaf of bread. Then I would get anyway. And so what you’ve got to do unemployment, but why do we want to much more money. How about $10 a is let those businesses have some put a force on it that’s going to make loaf? You say, Well, wait a minute. So money to work with because the gov- it even worse. If these things did some $10 a loaf, I could get $10 every time. ernment is not going to create the jobs. good when they went into effect, why But people wouldn’t buy bread any- And by letting these tax cuts expire, do we want to let them expire? It’s bad more. It would be too expensive. It you are just going to further damage enough the way it is. If we extend the would go on the black market, or they the economy and increase the suffering tax cuts, it may not fix the 10 percent, would buy cake or something else. of Americans all across our country. but it may not go to 15 percent any- So common sense would tell you that So the solution is straightforward, at way. So this is what happened when if you are king for the year and you are least to what we should be doing with the tax cuts went into effect to job cre- taxing bread, that there is some point these tax cuts. What we should be ation, and that’s why the economy between a penny and $10 perhaps, there doing is keeping the tax cuts and vot- took off. is some point where there is an opti- ing to make them permanent and not Now, one of the things, it seems to mum amount of tax where people will letting them all expire. That’s the me, that my dear socialist friends don’t still pay it and still buy bread. And if commonsense way to approach the quite understand is that if you are a you raise the tax, what, in fact, hap- thing. It’s not going to necessarily get happy socialist, what you want is, you pens is the revenue that the govern- us out of all the problems we’re in want the government to be doing well, ment collects goes down rather than right now, but it’s going to prevent you want to have lots of money that up. In other words, it’s not possible to them from getting a lot worse. you can slop around and spend on dif- just keep taxing too much because if And what we have to do then obvi- ferent programs. And of course we’ve you do, it basically drives the amount ously is to get back into the business been doing too much of that, spending of money you collect down. So there’s of cutting back on Federal spending, more than we have. But you would an optimum point. and we’re going to have to cut back on think you would want a strong econ- And my point here is that if you are government red tape, and we’re going omy because what a lot of people don’t a happy socialist, you want the econ- to have to dismantle some of the com- realize is, if that economy isn’t strong, omy strong, and the way to do it is to plicated and redundant different De- not only are individuals hurting, not let the people that run the businesses partments that we don’t need to be only are States that have to balance have enough money to make those in- paying for. We have to start looking at their budgets hurting economically, vestments so that the economy is the Federal Government and say, What the Federal Government revenues are strong, and we have more Federal rev- does the Federal Government have to also way down. enue coming in. This is what happened do and all of the stuff that it would be
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17804 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 nice if the Federal Government did risks and gambles and blessed you and started burning incense because he that cost money, we’re going to have I and all true Americans, blessed in thought he was able to do anything he to just stop doing that. We’re not going ways that we’ve forgotten and in ways wanted. A couple of courageous priests to get it out of waste, fraud, and abuse that we need to remember. I’m going to stood up to confront him, and he start- because there isn’t a budget line item grab a picture, if you will excuse me a ed to stick his finger at them and give that says that. What we’re going to second. them a lecture and say, Off with their have to do is we’re going to have to re- b 2120 heads, and he looked and his hand was form the system. covered with leprosy. The one thing I believe the Repub- Last year, I had this picture on a So there were these stories, particu- licans are looking at very closely—I’m larger format. Unfortunately, I just larly the story of Saul, the first king, certainly very interested in it and am had this framed copy. The picture that where he offered the sacrifice and Sam- trying to sell it to my Republican col- is by my side, some of you may recog- uel read him the riot act and said, leagues—is the idea that we have an nize, is a small version of the picture You’ve really have blown it now, opportunity, though we can’t pass leg- that is in the Rotunda here not so far buddy. islation through the Senate and even if from where I am standing. So you have these examples in the we did, it’s unlikely that President The picture is called ‘‘The Pilgrims Old Testament where civil and church Obama would sign it. But what we can at Prayer,’’ and I would like to talk to government were separate. So these do is we can send bills to the Senate, you about this little group of Pilgrims guys, the Separatists, had learned from and the public can watch and see that that came over and gave us our their Scripture and had decided in we’ve heard the message. We under- Thanksgiving, the particularly famous their day that they didn’t want their stand. We want less taxes. We want Thanksgiving that took place in Plym- church to be run by the King of Eng- more affordable government. We want outh, Massachusetts. There was an ear- land. This was following old Henry to shrink and reduce the Federal Gov- lier Thanksgiving in Virginia, but this VIII, who had separated the English ernment in places where it doesn’t particular group of Pilgrims, though, church from the church in Rome, and really need to be putting money, and gave us a lot, lot more than Thanks- so the church was being run by the we can do that. giving. So while it is the Thanksgiving King of England. These guys decided But there is one thing we can do and season, I think it is appropriate to what they were going to do in Scrooby, that is in the House here, we can think a little bit about their great ex- England. They decided that they would change the rules. We can change the ample to us, because it is the principles get this manor house. They would all system. The House, with Democrat and and ideas of people like this that we get together and worship and start Republican leadership through many, need to reproduce and we need to fol- their own little church, and the church many years, is really a series of low their example as we move America wasn’t under the King and it wasn’t fiefdoms, as different committees gain forward in the days ahead. under the King’s thumb. Well, as you lots of power. So let me start by saying, first of all, can imagine, that did not meet with And if we take a look at that system who were these Pilgrims that we talk the approval of the King, and he said, I and we design a system which is not so about that were at Plymouth and that am going to harry them out of Eng- much designed to spend money but to gave us Thanksgiving? Who were the land. make it hard to spend money, then we Pilgrims? They were really a couple of And so these Separatists were given can start making some progress to de- groups of people, but about half of all kinds of very tough treatment— velop the tools here in the House to try them, and some of the very influential fines and taxes. Their wives were put in to reduce a government that is lit- ones, were called Separatists. They the stocks and made fun of and all erally a runaway government that is were what you might call in their day kinds of difficult things so that these no longer the servant of the people but sort of the evangelical Christian types Separatists couldn’t really live in Eng- is increasingly becoming a fearful mas- of England, except that they were a lit- land and they couldn’t have their little ter. tle bit of a weird subset in this regard. church that they had started or their That is our task; and we will be eval- They had listened to the writing of a series of churches. And so, as you know uated by the American public, I have Scottish theologian that followed Knox the story, they moved to Holland no doubt, on our ability to perform the in about the 1580s or so, and he started where they could have freedom to start task. And to the degree we have a ma- finding in his Bible this interesting their own church. jority in the House, we can at least idea that the Bible, particularly the So they lived in Holland for some start in the House by saying, Let’s Old Testament, or, for Jewish people, time. It was a difficult existence. They change the whole committee structure. the Torah, there seemed to be a dis- had to work 7 days a week and many, Let’s take a look at how we do the tinction between civil government and many hours a day; very, very difficult budgeting process. Let’s take a look at church government. economically for them. But they didn’t how these earmarks fit into who spends Now, that may seem very obvious to complain, and they were able to have the money, who makes money, and how us today, but in those days, if you re- their church worship service the way do we hold the committees accountable call, there was a king half the time they wanted. That lasted for some pe- for reducing the size of the Federal running the church and a church half riod of time as these Separatists were Government. the time running the kingdoms, and in Holland, but a couple things hap- All of these things are ahead of us, the two were very much interconnected pened that convinced them to look but we need to stop this train wreck and very much intermixed dating back around at something else, and the main coming, and we need to make these tax to the time of Charlemagne. thing was that their children were cuts permanent. That’s the quick an- But they came up with this idea that picking up some bad habits from the swer to something that we need to be the Bible seemed to indicate that there Dutch kids and they didn’t like that. doing. was a difference between church gov- They had come there because they had Now I’m going to turn to perhaps a ernment and civil government, and some very strong theological beliefs little bit lighter topic, a completely they got that from looking at the story about what was right and wrong. They different topic, and that is the advent about Moses. Moses was like the civil were worried about their children and of Thanksgiving coming along next authority, but he had a brother who the culture in which they were living, week. The Thanksgiving story is one was running the worship service, and so they cast about for what God that, as I have gotten older, I get to Aaron. And so he saw that example, would have them do. love the story more and more. It’s a but then there were other examples So the picture that is printed, it is a fantastic adventure story. It’s a story that were less known. wonderful painting. It is about 10-by-20 of people of tremendous courage, tre- There was a guy, Uzziah, who was a feet in the Rotunda. This picture de- mendous vision who took very great king, and he went into the temple and picts the key turning point for a bunch
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17805 of these Separatists, and this is in the their wives and their children on a one- 50 between these Separatists that have town of Delfthshaven. And if you take way trip across the North Atlantic to a vision for a new civilization and a look closely at the picture, certainly try to plant a civilization. And they other people that are just there mostly you can’t see it here in the camera, but were doing it not as a bunch of dogs hoping to make a good living and to it says ‘‘Speedwell.’’ That is the name that had their tails tucked between turn a page in their lives. of the ship. And these are the Separat- their legs because they had been chased So they come across the North At- ists gathering together at Delfthshaven out of one place and chased out of an- lantic, and in the beginning the sailors in a farewell to their pastor, John Rob- other place, but with a vibrant vision all start making fun of them because inson, who they loved dearly. of a challenge to build a new civiliza- they are all seasick. It is pretty miser- John Robinson was a very even-tem- tion based on new principles and new able to be seasick. You almost feel it pered, peace-loving man. He had risked ideas. They wanted a change from the would be better to die when you turn his life a number of times trying to European civilization because, Robin- green. So the sailors would call them separate groups of different Christians son goes on and says: Now, when you ‘‘puke socks.’’ That was what one of that were fighting each other, and his go to this new land, be very careful the boatswains called them, ‘‘you puke parishioners said he had the wisdom to what you adopt as truth, sayeth he, for socks,’’ because everybody was sick see trouble coming and to steer his lit- it is unlikely essentially that a Chris- and feeling pretty bad. tle flock away from the trouble. So tian civilization can spring so rapidly But the storms intensified as they they loved John Robinson. out of such thick anti-Christian dark- crossed, and after awhile the poor old He is now preaching his last sermon, ness. Pilgrims noticed that the sailors because he will not go with the Pil- He was talking about Europe, and weren’t joking so much about it. They grims to America but, instead, will how Europe was very resistant to ideas looked a little bit upset too, because stay behind with the members of his that the Bible would suggest were a the storms got really severe. And in church that were still going to be back good way to do things. So he was say- spite of their prayers and everything in Holland. ing: Now, when you go over on this else, the Mayflower was just beaten by And so, as you can imagine, if this is great expedition, be really careful what storms. your last time and you have all of you do, because how you set things up One time in the middle of the night these friends who are going on this ab- is going to be very, very important. they heard a groaning and a crack as solutely incredible expedition to plant And you don’t want to set it up just though they had run into a rock or a plantation in the middle of the wil- the way they did in Europe, but con- something, and it turned out one of derness all the way across the ocean, tinue to use the Bible as the blueprint. those great big huge oak beams that you are going to give them your best So this group of people are going to was supporting the main mast had shot. You are going to talk to them leave Delfthshaven here and they are started to sag and break under the about the things that you think are going to go across and rendezvous in weight of the mast and the tremendous most important. England with the ship Mayflower. pressure of the wind and the rigging So we have a recording of what he Now, it turns out this old Speedwell and the sails. was preaching about. And he, first of was a leaky bucket. They tried to take all, bewailed the state of the Calvanists So they were almost thinking they a couple of attempts to start from Eng- had to turn the Mayflower around and and the Lutherans. And he said, ‘‘For land to go over to America, and the though Luther and Calvin were bright go back to England, when one of these seams on the Speedwell opened up and passengers, one of the Separatists, re- lights in their own day, yet were they it started to leak so badly they had to living today they would readily em- membered there was a big printing turn around and come back, and then press screw jack in the hold, which brace the additional truth that God is they had to take some of the different breaking forth from his word.’’ they fought out of the hold and man- passengers off and some of their sup- aged to get it in position and cranked What he was saying, in effect, was plies off. They had to leave the that our understanding that we get it up to support the oak beam so it Speedwell behind. It got to be kind of would not be sagging. from the Bible is not static; it is some- complicated and expensive. They continued the trip across the thing that moves over time. And as Eventually, like a family getting off ocean, and because of the storms were people learn lessons from history, we on a vacation late, they eventually get blown significantly off course and land- should learn from them, and we should in the Mayflower everybody they could ed the first time out in Massachusetts, continue to learn the additional things fit in there with what supplies they which, of course, is not Virginia. Vir- that God is going to teach us in prac- could and started across the North At- ginia in those days went as far north as tical sense from his Bible. lantic. Well, that delay put them in the New York, but they were headed much In a sense, his idea of the Bible was North Atlantic in the fall, which is a further south. They weren’t surprised. it was a gold mine. It was full of truth. rough time to be crossing the North They knew they had been blown north And as men over time read it and un- Atlantic. by the storms. derstood it, they could improve the lot Well, the old Mayflower started get- of civilizations. It turns out that this ting beaten by storms. In the begin- So there they are after a couple of at- was a pretty good theory in all prac- ning, the Pilgrims—and let me maybe tempts to try to come south down the tical sense. Whether you happen to clarify this point now. The people in outside of Cape Cod. The winds were have any interest in theology or not, it the Mayflower at this point are really very unfavorable, it is late in the sea- turned out to be a pretty good theory, two groups. About half of them are son, the storms are rough. These old and you will see why in just a few min- these Separatists, which you see here, square riggers, the Mayflower, they utes as we follow this little group of and the other half were just jolly old were not great technological wonders people on this incredible adventure blokes off the streets of England that at being able to sail into the wind, so story. were part of the merchant adventurers consequently they didn’t want to get You have to think about this. When financing this trip to plant a colony with a hard wind to be driven on to the people came to America in Jamestown over in the New World. sandy beach, because the ship would and other places, it was men. They break up and that would be the end of came here, to some degree, to say they b 2130 the deal. were going to spread the light of Christ The idea of the colony, of course, was So they are anchored out at to the heathen, but mostly they were it was going to make money for the Provincetown, and it is getting I guess looking for gold. That is what the his- people that were financing this under- into about the November timeframe, tory books show us. taking, and they were hoping they getting pretty chilly up in Massachu- But this little group of people were would get rich from it. So you have setts. They realized that they are not different. They were going to take really a little over 100 people, about 50– in Virginia and so their charter didn’t
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17806 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 apply. So now we get the first real les- first moment, as they are at the great things from the Bible and should use son in civil government from the Pil- big oak table in the great room of the the Bible as a blueprint to guide how grims, and, boy, what a great lesson for Mayflower, why this moment is so sig- they did things. And that same concept all of us it is today. nificant to all of us, because the Pil- was picked up later by the people who Because the charter didn’t apply, the grims gave us the model of American would follow after the Pilgrims. two groups that were in the Pilgrims civil government. So let’s finish the story a little bit were known as the saints and the Now, to them it was sort of a and get to Thanksgiving. The Pilgrims, strangers. The saints were the Separat- straightforward idea, because they had they are on Provincetown at the tip of ists, that is the saints here at prayer, already struggled with this question in Cape Cod, and they do the Mayflower and the strangers were the ones that the context of their church govern- Compact. Then they take pieces of a were strangers to God. And the strang- ment. In Scrooby, England, they had prefabricated boat called a shallop that ers are saying, hey, it is like Australia, decided to separate themselves from was stored in their holds and they put you know. No rules, mate. Everybody little old King James. He was a little that together. It had been damaged for himself. We get to shore, we can do bit of a weird fellow. He had some very some by the storms coming across. It whatever we want to do. strange social habits. They didn’t want took them a number of weeks to build It had quite a smell of anarchy about him running their church. it up. But a shallop is a pretty good it, and it was then that the saints said, So a group of free people under God size rowboat. It would carry more than no, we kind of need to pull things to- had covenanted together to create a a dozen people, it had a sail and a rud- gether. So they exercised some leader- New Testament church, and they took der. ship, took a piece of paper and wrote a that model of the New Testament They took the shallop up in the shal- document. It is called the Mayflower church and simply picked it up and ap- low water around the inside of Cape Compact, one of the greatest American plied it to civil government. A group of Cod, and they had their first encounter documents produced. We don’t have a free people under God created a civil at Eastham beach, there just about copy of it. We have copies, but we don’t government, not a church government, sunrise. A whole bunch of Indians have the original. It was viewed by the to be their servant. screaming and yelling shot arrows at Pilgrims as not really an astounding Now, they believed those two were them. It wasn’t exactly a warm wel- thing, but subsequently we have con- separate, so they didn’t tangle up the come. They shot some of their muzzle sidered it of great import. church with their civil government, loaders off and nobody got hurt. And So it starts ‘‘In the name of God, but they used the same pattern. So the they continued around the inside of amen.’’ It goes on to say, ‘‘We do cov- Mayflower Compact is really to our Cape Cod. enant and combine ourselves together knowledge the first written constitu- They were looking for a place, and Cape Cod, I have a chance to go there in a civil body politic for the glory of tion pulling these elements together; in the summer times, it is known as God, the advancement of the Christian that under God, free people are cre- Barnstable Harbor. Translated, that faith, and to frame such just and equal ating a civil government to be their means Barnstable Harbor. laws as may seem good.’’ servant. That is the basic pattern. It is They were out in the surf, the sand is And so what is it that is so special called the covenantal view of civil gov- shallow there, they are out in the about this Mayflower Compact? Well, ernment. It is the first written Con- shallop and it got to be dark, and they as far as I know, it is the first time in stitution in America that is on that are trying to figure out, the wind is human history where you have a group same pattern. That was 1620. coming up, it is starting to snow, they of free people under God creating a Now, I will continue with the story of are getting ice all over their clothes. civil government to be their servant. the Pilgrims, but just to jump forward, They try to make a run in to where Does that sound like a familiar pat- it is not so long after that, 1620 to 1634, they thought the entrance to tern? Of course. It is very similar to you have a more advanced constitution Barnstable Harbor was, and they were what our Declaration of Independence for Boston, and then a very highly ad- mistaken. It was not. It was just a is saying. vanced constitution called the Funda- sandy beach, and the surf was starting You have to understand in the con- mental Orders of Connecticut, only 18 to pile in on the beach. And right when text of history how innovative what years later. So that is 1638, very early. they are in the waves, the guy by the they had done really was, because in The Fundamental Orders of Con- name of Clark says—grabs the steering Europe, the model for civil government necticut has basically the whole model oar, and he swings the shallop around was the divine right of kings. If you are for the whole U.S. Constitution. It has in a desperate maneuver. He says, ‘‘If a politician, it was a great deal. You federalism, separate branches of gov- ye be men, pull for your lives.’’ say ‘‘God put me here as king. When I ernment, a lot of the technical sophis- say jump, you are supposed to say ‘how tication of the U.S. Constitution just b 2140 high?’ ’’ 18 years after these Pilgrims had start- And they laid into the oars and were So Europe had been dominated by the ed with the Mayflower Compact. So able to snatch the shallop out of the divine right of kings, and each king you have a tremendous period of the waves and out into the deep water. felt like they weren’t a servant, they development of the concept of Amer- Again, the snow. It’s dark and the snow were the boss. God put them there, and ican civil government very early. is coming down. Ice is freezing on their they tell you what to do. That is how Well, I told you this group of Pil- clothes. And eventually, eventually Europe did things. grims here had blessed us in a lot of they manage to find something where But these Separatists when they ways. It should be obvious, two of the they can pull into the lee of this piece came across the ocean had the concept ways they blessed us—these are ideas of land where they got out of the heavy that we are trying to infuse in the Re- that just completely undergird Amer- blowing wind and were able to pull publican Party as we deliberate very ica. The first is separating civil govern- their boat up on the shore where there soberly about changing the system, ment from church government. That is weren’t any waves, and they spent a that we are going to change the system something they took from the Bible. It waterlogged Sunday on this island. It from Europe and the divine right of is amusing, isn’t it? turned out when they got up in the kings to the system that the govern- The second thing they did was give morning, it was an island in the middle ment would be the servant of the peo- us our model of civil government, of a beautiful harbor, which we now ple and that individual citizens had which is the fact that the government know as Plymouth, Massachusetts. The God-given rights and it was the respon- is to be the servant, not a fearful mas- island was named after the seaman sibility of the government to protect ter. So those were pretty good ideas. Clarke, who said, If ye be men, pull for your God-given rights. They also came, and I think this is a your lives. That is what the Mayflower Compact pretty important concept, they came And so they start making rapid dis- was all about, and that is why this very with the belief that they could learn coveries. They find that there’s an area
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17807 of land that’s clear where they can And so you can picture standing on would be full of little fish and they plant crops. There’s beautiful fresh the shore, Plymouth, and the wind is could use that to plant corn. He taught water coming down from a hillside and blowing through the pine trees behind them important things like taking a high area that they can fortify to try you and you’re looking across to the your moccasins off and wiggling your to protect themselves, defend them- harbor. There’s the Mayflower and the toes in the mud so you can catch eels, selves from whatever problems there boatswain is giving the call. Sails are which they could fry up for food. All might be. Particularly, they were con- being squared to the wind. The sail is sorts of useful things Tisquantum cerned about the Indians that were in being raised. Men are walking or actu- taught them. Of course, we know him those parts. They didn’t see any Indi- ally turning a big crank. It wasn’t as Squanto, friend of the white man. ans, but they were worried that there quite a capstan. It was a different type Squanto lived with them some time might be some because the other Indi- of arrangement to lift the old seaweed- and helped the settlers there. They ans over in Eastham had not been too covered line that held the anchor to were living under the conditions of the friendly. Of course, there’s a reason the bottom of the harbor. And first contract that the merchant adven- they hadn’t been too friendly. It’s be- large, then small, the Mayflower dis- turers had set up. And one of the things cause there had been some ships that appears over the horizon and there’s that they had set up was it was going had come by and stolen some of them just the sound of the wind in the trees. to be a socialistic society. Everybody and sold them off into slavery. It put And every one of the Pilgrims stayed was going to pitch into the common the Indians in a bad mood, you might there on that beach because they be- store. They had common land. They’re say. lieved that God had called them to a going to grow food on the land. Every- And so you have the Pilgrims now mission, to the beginning of something body had to work the field. Everybody late in the season, in fact, about that was going to be great that He had to wash everybody else’s laundry. Christmas Day, starting to build their would bless, in spite of the fact that And that wasn’t working too well. In first shelters in Plymouth. As you can half of them had died. fact, Governor Bradford—he was elect- imagine, the trip had been tough. Their It wasn’t too long after that that ed Governor soon after Governor supplies were limited. And the people they had their first Indian sighting. Carver had died, probably of cerebral that were getting in and out of the wet The lookout said, Indian coming. You hemorrhage—Governor Bradford said boats and trying to work on building mean Indians? No. Indian. They look in his diary of Plymouth Plantation, as shelters there started to get sick. And out and here’s this tall brave dressed in though men were wiser than God, he over a period of the next couple of a loincloth walking boldly down the said this idea of socialism—he didn’t months, more and more of them died, street. He looks at them and in perfect use the word socialism—taking every- to the point that in some days as many English says, Do you have any beer? thing in common may have been a good as four Pilgrims at a time would die. Quite a reception from their first In- idea to Plato and other ancients as There was a time, a day or two, when dian guest. everybody was so sick there were only though they were wiser than God. It turned out he was an Indian that But he basically pitched out social- two or three that were able to get up was a chief of a tribe up in Maine. He ism and said every man can have his and feed everybody else and sort of liked hitchhiking down the coast. And own field, could grow his own corn, and show themselves on the palisades of he could speak English. He’d actually his diary said that it made hands very the little fortification they’d made just gotten to know English pretty well and industrious. People who would feign to in case the Indians made some sort of developed a taste for smoked duck and attack. be sick or too weak to work now were But they were in rough shape. In the for beer and things. Until he had eaten out busy in the cornfield growing corn middle of the night sometimes a man a good supply of the Pilgrim’s food, he for their family and the women didn’t would take his dead wife, would drag wouldn’t tell them too much. After he complain about washing other people’s her out across the frozen ground and had a good meal, he told them about clothes. bury her under leaves and rocks. And it the Indians in the parts. He told them Anyway, they got rid of socialism. was very tough. There were children, about the fact that the land where they Eventually, after about a year or so, wives, and adults. By the time that were living had been considered cursed decided to celebrate a day of thanks- March came around, half of the Pil- by the Indians because the Patuxets giving. And so they invited a couple of grims—almost half the Pilgrims had that had lived there had died of a Indian chiefs to join them for thanks- died. plague. And so God in his providence giving. The trouble is the Indian chiefs, Now you might ask yourself, these took the Pilgrims to probably one of Massasoit, brought along about 90 are people that came with a vision. the only places on the eastern seaboard braves. So when the Pilgrims saw this They had a vision that God was calling where they could stay where there massive number of Indians they were them to found a new Nation based on weren’t hostile Indians. going to feed for a meal, they’re think- new principles, new ideas, ideas that It turned out they made a good alli- ing, Oh my goodness, this isn’t going to they took from the Bible. And you’d ance with Massasoit, who was a good work very well. say, Well, where was their God? He Indian chief and had became a friend of Fortunately, the Indians did some blew them off course by the storm and the Pilgrims. Massasoit talked to them hunting. They brought deer and turkey now half of them died. You’d think about the last of the Patuxets that was and a number of other things, berries they might get discouraged. It’s easy living by himself, alone and lonely. that they had collected. And they had to be discouraged, as you can imagine, And when Tisquantum understood the a wonderful Thanksgiving. The Indians in those conditions. Very few families plight of the English settlers in Plym- didn’t know they had just been invited didn’t have someone who died in that outh, he decided to join them because for one Thanksgiving dinner. They first couple of months. he knew something about it. He had stayed 3 days and enjoyed Thanks- And so the captain of the Mayflower, been shanghaied, sold into slavery, giving over and over again. In the who had anchored the Mayflower there bought out of slavery by some monks, meantime, they had footraces and con- in Plymouth Harbor for the winter to traveled to England, learned to speak tests and shooting with bows and ar- try to give them some protection, in English, and gotten a trip back in a rows and all kinds of other things that the spring decided he had lost half his ship to go back to the Patuxets. He got they did that was a lot of fun. It was a crew, decided he had to sail back to there and the Patuxet tribe was wiped great couple-day celebration of thanks- England. And so he prevailed on the out, I assume by small pox or some- giving in Plymouth Plantation. Pilgrims. He said, Now, you need to go thing. And so he’s living by himself. Thanksgiving became a very popular back with me to England because this Now he joins the Pilgrims and helps holiday in the colonies up and down little adventure hasn’t worked too them and teaches them all kind of use- the eastern seaboard. And the first na- well. Half of you are dead; half my crew ful lessons. He told them that in a tional day of thanksgiving was called is dead. short period of time that the streams by George Washington to celebrate the
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17808 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 adoption of the U.S. Constitution. It OUR POLITICAL HERITAGE bors in the Great Lakes, and we have was later set at a particular time in The SPEAKER pro tempore. Under more than 1,000 tons of highly radio- November—I think it was the third the Speaker’s announced policy of Jan- active spent nuclear fuel stored just 120 Thursday in November as I recall—and uary 6, 2009, the gentleman from Illi- yards from Lake Michigan. We are also it has stayed there to this time. nois (Mr. KIRK) is recognized for 60 home to the only training center for new recruits in the United States b 2150 minutes. Mr. KIRK. Mr. Speaker, 10 years ago, Navy. Each day, thousands of my con- So we have the story now of the Pil- I had the great privilege and honor to stituents commute to Chicago, fighting grims. As you celebrate your Thanks- deliver my first speech as a Represent- some of the worst traffic congestion in giving this year, it might be helpful to ative of the people of the 10th District the Nation each morning into the city think back and say there is more than of Illinois. As I end my time in the and repeating the process every Thanksgiving with the Pilgrims. They House of Representatives and begin evening. were a group of people who were will- with the honor of serving the great In serving the people of the 10th Dis- ing to change the system, to think of State of Illinois, I want to thank those trict, I have been honored to follow a different ideas. They came here and that I have served with and reflect on long list of role models who have rep- separated civil and church govern- my time in this great body. resented us in the Congress: ments. They came here and created the Our Jefferson’s Manual of House Our first Representative, John McLean, was one of the State’s pioneer model of a written constitution, the Rules traces its heritage back to the political leaders. He took his seat in idea that the government is to be the Palace of Westminster, in London, the Old House Chamber on December 3, servant of the people, that people have England. Early in the 1980s, I worked 1818, serving just 1 year. He was later God-given rights and that it is the job under a member of the House of Com- elected to the United States Senate to of government to protect those rights, mons during the time of Prime Min- fill a vacancy caused by the death of as we stated another 150 years later in ister Margaret Thatcher, and in Par- Senator Ninian Edwards in 1824 and our Declaration of Independence. They liament, great weight is put on a mem- served through March of the following came here with the idea that, after try- ber’s maiden speech. year. While our pathfinder’s service ing socialism, it wasn’t going to work. In the speech that I gave in the was very brief in both Chambers of this They realized that it was not biblical, House of Representatives, a new Mem- Congress, he was honored by the State, that it was a form of theft, so they ber outlines the principles for which he which named McLean County after kicked socialism out. They learned stands, and as I began my service to that in the early 1620s. him. the people of northern Illinois, I high- It was about this time that the first So we can thank these people because lighted the political tradition of the of the fact that they were innovative European family settled on the North men and women who represented us in Shore in what is now Evanston, resid- and had that spirit and desire. Even this House. A look at their accomplish- when half of them died and the ing in a place that was described as ‘‘a ments and service mirrors who we are rude habitation of posts, poles and Mayflower was going back, they clung and the gifts that we can provide to to their vision. They had the courage blankets.’’ More notable, though, was this great Nation. the construction of the first permanent to create a new civilization. In the Our community has a 180-year-long words of Bradford Prince, as written in structure on the North Shore, a road- tradition of electing leaders who are side grocery, serving cold beer and liq- his diary, they felt that perhaps they’d very independent and ahead of their lit a candle on a dark shore. They felt uor to travelers. This grocery was de- times. Ours is a rich tradition, and I scribed as ‘‘the headquarters of coun- that perhaps they could be stepping- can only hope that history will find my stones for people who would come after terfeiters, fugitives from justice and, contributions to be consistent with the generally speaking, a vile resort.’’ them to found a great Nation. So the predecessors’, whose roots trace back dream that they had of coming here to Ironically, 100 years later, Evanston to 1818 when a new State of Illinois would become the international head- do something new, unlike what Europe stood on the frontier of a growing Na- quarters of the Women’s Christian had done, was very much in their tion. Temperance Union, and it is from these hearts. It was very much a part of their My predecessors were committed to Spartan but colorful beginnings that thinking as they scratched that exist- the people of Illinois and to the good of we trace our suburban history. ence on that lonely, rock-strewn Mas- this Union. At the same time, they un- Numerous shifts in population have sachusetts shoreline. To this day, as we derstood the important role of the brought many changes to the boundary celebrate Thanksgiving, we can re- United States and of the world as a lines of today’s 10th Congressional Dis- member their first Thanksgiving when beacon of freedom, and while they trict, and redistricting has changed its they put a few kernels of corn on a fought for similarities here at home, landscape no fewer than 10 times in the plate to remind them of how close to they also fought for human rights last 190 years. We face another change starving to death they had been at one abroad and condemned those who soon as Illinois prepares to lose a con- time. would spread intolerance and hate gressional seat before the next elec- It’s a beautiful story. There’s a lot wherever it occurred. tion. By 1902, Lake and northern Cook more to it, a lot more adventure to it. Within its current boundaries, our Counties were part of the 10th District, There were knife fights in cabins. I congressional district encompasses a and the first outlines of the current haven’t had time to cover all of that diverse community, including northern district were formed as a new phe- with you, but the basics are there. This Cook and eastern Lake Counties, and it nomenon in American living emerged, is a great bunch of Americans, a won- stretches from Wilmette, north along the suburbs. derful adventure story and a time for Lake Michigan’s shore, to Waukegan. In 1913, the election of a Progressive us to give consideration to the fact To tour our district is to see firsthand candidate, Charles M. Thompson, was that we also have been given a chal- both the promise of the American indicative of the new independent spir- lenge, a challenge of a beautiful land Dream and those who have not yet re- it of the 10th District voters and of our that was established on a firm founda- alized it. willingness to elect whomever will best tion. It’s our job to keep it that way Our residents enjoy both great bene- represent our interests, regardless of and to pass it on to our children—a fits and serious challenges. We are incumbency or party affiliation. Inde- government that is the servant of the home to some of the wealthiest com- pendent, thoughtful leadership are people and not the master. munities in the Nation, and yet we also common themes among the men and God bless you all. Have a wonderful have some of the most economically women who represented our 10th Dis- Thanksgiving. challenged communities in Illinois. We trict. Our leaders include: Mr. Speaker, I yield back the balance have pristine wetlands and forests, as John Stuart, a law partner of Presi- of my time. well as one of the worst polluted har- dent Lincoln’s; James Woodworth;
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17809 Isaac Arnold; Charles Farwell; Lorenzo War and there demonstrated true inde- committee, she traveled more than Brentano; George Foss; Abner Mikva; pendence and initiative. 40,000 miles and visited 17 countries. In George Adams, a Civil War veteran who Ambassador Washburne offered ref- 1960, at the invitation of President Ei- fought in the First Regiment of the Il- uge to diplomats from various German senhower, she participated in the linois Volunteer Artillery; and Robert States and other foreigners who were White House Conference on Children McClory, who served for nearly 20 abandoned by their diplomatic mis- and Youth and, in 1961, served as a years and was a House manager for the sions. In grave danger on the street, member of the U.S. delegation to the Equal Rights Amendment in 1972. those diplomats found safety under the United Nations 15th Assembly. Yet there are five men and women American flag with Ambassador While participating, she jumped far who represented the 10th District who Washburne, and when the German ahead of her time, especially in her stand out among this impressive crowd Army surrounded Paris in late 1870, outspoken public criticism of South and deserve star treatment. These five Washburne remained at his post and Africa and their policy of apartheid. heroes fought against slavery, advo- was the only foreign diplomat still in Mrs. Church then retired in 1962. cated equal pay for women, civil rights residence in Paris during the days of The 88th Congress saw the beginning initiatives, and served a number of the Commune. These were tough times of another legendary career. Donald Presidents as they battled human for besieged Parisians, who were re- Rumsfeld was elected Representative rights abuses abroad while funding bio- duced to eating rats. for this district, having previously medical research here at home. Washburne honored our Revolu- tionary War debts to France by con- served on the staff of Congressman b 2200 tinuing his humanitarian service. His David Dennison and Robert Griffin. These five exemplify the high stand- international service and his commit- While in the House, Rumsfeld sat on ard of leadership demanded by our con- ment to humanitarian relief presaged the Committee on Science and Astro- stituents and expected by our Nation. our own time when America has be- nautics and Government Operations. It Elected in the 33rd Congress as a come a foundation for freedom and the was during this heyday of President Whig, Representative Elihu B. international system of humanitarian Kennedy’s space program, which her- Washburne served his final seven terms relief missions around the world. Con- alded Lake Forest’s own Jim Lovell, as a Republican. During his tenure in gressman Washburne remained in Paris who went on to command Apollo 13. Congress, he served as chairman of the until 1877, when he returned to Chi- Rumsfeld also had a seat on the Joint Committee on Commerce and, in the cago. Economic Committee in both the 90th 40th Congress, as chairman of the Com- Sixty years later, we come to the be- and 91st Congresses. His campaigns mittee on Appropriations. In 1862, ginning of a career of another star in were indicative of what politics used to President Lincoln personally lobbied to our story, Congressman Ralph Church, be and what they were to become. He have him elected Speaker, although he who won election to Congress in the accepted only small donations and lim- eventually fell short. 74th, 75th and 76th Congresses and ited expenditures for his campaign Representative Washburne’s legacy is again in the 78th Congress through his while relying on an army of volunteers legendary. He was a strong opponent of death in the 80th Congress. Many peo- to canvass neighborhoods and perform slavery and became known as one of ple living in our community still re- day-to-day tasks which served as the the leaders of the Radical Republicans, member Congressman Church and his lifeblood, then and today, for any along with Thaddeus Stevens and wife, Marguerite. strong congressional campaign. Charles Sumner. This group was out- The second luminary in our story is a In 1969, he resigned to accept a place spoken in its opposition to slavery that Representative far ahead of her time, in President Nixon’s administration as went well beyond calling for simple Representative Church’s widow, Mar- the head of the Office of Economic Op- abolition. They called for complete guerite Church. Mrs. Church succeeded portunity. Not knowing much about equality under the law for freed slaves. her late husband in the Congress, and the Office’s mission at the time, he The Radical Republicans were crit- during her first term, Illinois redis- turned to his chief of staff, Bruce Ladd, ical of the reconstruction policies of tricted its congressional seats for the who had an intern friend who had writ- both President Lincoln and President first time since 1901. It placed northern ten a college paper on the Office of Andrew Johnson. Representative Cook and Lake Counties in what was Economic Opportunity. That intern Washburne argued that Southern plan- then called the 13th District. came to brief Congressman Rumsfeld tations should be subdivided and redis- Mrs. Church brought a commonsense on the Office’s opportunities and tributed among former slaves, and approach to Federal spending. She walked out with a job. The intern’s when President Johnson attempted to spoke against what she called extrava- name was Richard Cheney. veto the extension of the Freedman’s gant and reckless spending, earning re- In 1971, President Nixon appointed Bureau, the Civil Rights Act, and the spect from both her colleagues and her Rumsfeld as the director of the Cost of Reconstruction Act, Representative constituents. Her seat on the Govern- Living Council, a position he held until Washburne and his colleagues took ac- ment Operations Committee gave her 1973 when he became the United States tion and were successful in their efforts an ideal platform to urge restraint in ambassador to NATO for 2 years. to pass the Reconstruction Act. spending, and her assignment on the The Radical Republicans and Committee on Foreign Affairs allowed When President Ford took office in Washburne became leaders in the im- her to encourage the growth of democ- 1974, he recalled Rumsfeld to Wash- peachment of President Johnson, and racy across the globe. ington to coordinate a four-man transi- when his close friend Ulysses S. Grant Many of Mrs. Church’s policies pro- tion team. His performance earned him became President, Representative posals were forward-thinking. Early in appointment as the White House chief Washburne was appointed as our coun- her career, she advocated equal pay for of staff, although he personally did not try’s Secretary of State. He resigned women and civil rights initiatives. The like the title and preferred to be called just 11 days later, ending what remains progress of the early 1960s finds its staff coordinator. He brought Sec- the shortest term for any U.S. Sec- roots 10 years prior, partially in the retary Cheney with him. retary of State. service of Marguerite Church. She was In 1975, Rumsfeld was appointed our Congressman Washburne left that the only female Member of the Illinois Secretary of Defense, a position which high office because the President of- delegation, and her voting record was he held through the end of the Ford ad- fered him the opportunity to assume impeccable, answering more than 11,000 ministration in 1977. He was awarded the leadership of the American diplo- rollcalls during her tenure in the the Presidential Medal of Freedom matic mission in Paris. Congressman House, missing only four. that same year, and during the Reagan Washburne served as our ambassador In 1959 as a ranking member of the administration, Rumsfeld’s expertise to France through the Franco-Prussian Foreign Economic Policy Sub- led him to accept membership on the
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17810 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 President’s General Advisory Com- tower. He brought back the Coast believer in my party’s vision, it’s that mittee on Arms Control, and he be- Guard rescue unit to help the people of tradition of independence that I sought came an adviser on government and na- southern Lake Michigan, the same to serve in the House of Representa- tional security affairs in 1983 and 1984. Coast Guard folks that saved my life as tives. He was named Special Presidential a teenager. Elihu Washburne, Marguerite Stitt Envoy to the Middle East in 1984. He worked with the U.S. Army Corps Church, Don Rumsfeld, Robert Rumsfeld’s experience in the private of Engineers to control flooding along McClory, John Porter. They are not sector as CEO of G.D. Searle & Com- the north branch of the Chicago River, household names, but their service pany and as a senior adviser to William and his commitment to the environ- helped shape the history of our Nation Blair & Company complemented his ment led him to be a strong supporter because of their commitment to do government service. I’m proud to call of the Clean Air Act and the Clean what was right and the decision to him a friend. Water Act. He orchestrated the effort take action to protect those most in Building on the records of to designate 290 acres of land at Fort need. It is an example of what I strove Washburne, Church, and Rumsfeld, Sheridan as open space and was one of to live up to in the service of this among others, we touch on other stars only six House Members named as tax- House and the people of the 10th Con- of our story. Congressman Robert payer superhero by the Grace Commis- gressional District. McClory represented Lake County and sion’s Citizens Against Government Drawing on this tradition, I focused serves as a true symbol of independ- Waste in 1992. He was named to the my service on independence modeled ence in service to the Nation. Congress- Concord Coalition’s honor role in ’97 by Congressman McClory, on spending man McClory was a conservative and a and ’98 for his commitment to elimi- restraint modeled after Mrs. Church, loyal Republican who was a defender of nating deficits and balancing the budg- on constituent service and biomedical President Nixon until the evidence con- et. research in the example of John Por- vinced him otherwise. It was Congress- John Porter was always willing to ter, on national defense modeled after man McClory’s votes for two impeach- take chances when he truly believed in Don Rumsfeld, and America’s role in ment articles that set the standard for an issue. And 15 years ago, long before the world modeled after Elihu B. political independence, judgment, and it was safe to do so, he proposed re- Washburne. In light of this history, the the rule of law in this House. forms to the third rail of American pol- people of the 10th District demand For us, we now come to the final itics, Social Security. His proposal, in their Representative in Congress predecessor of mine in this seat, Con- fact, can be considered revolutionary should be a thoughtful, independent gressman John Edward Porter, who because it was one of the first and was leader at all times. And I believe such won a special election in 1980 to follow remarkably similar to many proposals independence is a way to represent the Abner Mikva. To briefly touch on Con- that followed. people of Illinois, and I take that very What Congressman Porter may be gressman Mikva’s service, it was bril- seriously. liant in many ways and set another most remembered for was his improve- ment of the health care for all Ameri- Early in my service, I had the oppor- standard for independence in this tunity to prove that I would follow Chamber and on the Federal bench. cans. In his role as chairman of the Subcommittee on Labor, Health, and that tradition for the 10th District. I 2210 b Human Services, and Education on the cosponsored and voted in favor of the Following him, Congressman Porter Committee on Appropriations, Con- Shays-Meehan campaign finance re- gained a seat on the Committee on Ap- gressman Porter launched the effort to form law, a bill opposed by most Mem- propriations in 1980 where he served double funding for the National Insti- bers of my party. Although my support until his retirement after the 106th tutes of Health within 5 years. This ad- did not make me popular in leadership Congress. ditional funding helped researchers de- circles, I made a promise to my con- Following a trip to the Soviet Union velop better and new treatments and stituents, and I was not going to break in 1983, Congressman Porter founded helped fund the cracking of the human it. This was not the time to follow the Congressional Human Rights Cau- genome. He also had a commitment to party loyalty because I thought the cus. He witnessed numerous human biomedical research and investment in Nation’s interests were in supporting rights abuses while in the Soviet Union the future that will undoubtedly result that legislation. and decided to enlist the support of his in better health care for all people I have consistently cosponsored and colleagues to bring pressure on nations around the world. supported bipartisan legislation to end and groups that mistreat the innocent John Porter served us all in the high- hate crimes and employment discrimi- or prisoners of conscience. In his role est tradition of public service and com- nation, bolster access to women’s as cochairman of the Human Rights mitment to a greater good. Having health services, and ensure equal rights Caucus, he helped free refuseniks, served as his administrative assistant, for all Americans. I’ve also been a fought for the rights of North Korean I could not have had a stronger role staunch supporter of Federal stem cell refugees and religious freedom in model in public service. I had some research. This cutting-edge research China, spoke out against the use of very large shoes to fill and can only has the potential to eliminate pain and child soldiers in Africa, and condemned hope to be remembered by my constitu- suffering for millions of people who are the brutal regime of Sani Abacha in Ni- ents as someone who fulfilled his tradi- living with cancer, diabetes, Alz- geria. tion. heimer’s, and more. Such independence The Congressional Human Rights The record clearly demonstrates is reflected in Congressional Quar- Caucus was the first U.S. Government northeastern Illinois’ political char- terly’s analysis, which identified my entity to host the Dalai Lama in Wash- acter, strongly independent, generally record, for example, as ‘‘the center of ington. Congressman Porter also spon- ahead of our time. Ideas like emanci- the House’’ in 2009. sored legislation authorizing the cre- pation, equal pay for women, and an My predecessor, John Porter, set our ation of Radio Free Asia and then se- end to apartheid were all part of our country on a course to double funding cured appropriations to fund this representatives’ leadership in decades for the National Institutes of Health ground-breaking program, helping ahead of the body politic. Our opinions over his first 5 years; and I maintained move the agenda of freedom in China. do not necessarily adhere to strict that commitment to his legacy Porter’s record of accomplishments party lines; and, therefore, anyone who through 10 years in this House. On my in foreign policy is impressive, but his represents our area must demonstrate view, it is essential that we continue record of constituent service was un- independence and break from the party this promise and ensure that we re- matched. He led efforts to improve the on occasion to make sure that they are main committed to the future advance- safety of Waukegan Regional Airport adhering to our values. My prede- ment of medical technology and re- by updating the radio and control cessors did this. And while I’m a firm search.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17811 I’m also very proud to be one of the signed to address the needs and con- Semayat, a political prisoner in Ethi- only few Republicans who worked ac- cerns of suburban families. We focused opia. We condemned the persecution of tively to craft stem cell legislation and on keeping kids safe in school, making Baha’is in Iran and sought to bring was an original sponsor of H.R. 3, the college more affordable, preserving peace to Darfur, worked to secure the Stem Cell Research Enhancement Act, open space, and improving our health release of the first Egyptian blogger to which the House passed but unfortu- care delivery system. And to keep em- be jailed for his online writings, and es- nately was vetoed by the President. ployment up in the suburbs in the tablished the Congressional Commis- The future of stem cell research is un- teeth of the Great Recession, I intro- sion on Divided Families to reunite Ko- known, but I’m hopeful that we will duced the Small Business Bill of rean Americans with their North Ko- continue to lead on this issue and en- Rights, a bill to protect the number rean relatives. sure that we find a permanent solution one engine of our economy, small busi- We fought to protect Iraq’s Christian and set funding from the Federal Gov- nesses. community from increasing violence ernment. b 2220 and led efforts to combat the rise of Following the inauguration of Presi- global anti-Semitism. We fought for dent Obama, I worked with my fellow From preserving the right to a secret women’s rights around the world, basic ballot in a union election to elimi- moderates in the Tuesday Group, the education, health services, and access nating unnecessary paperwork, the House Centrist Caucus, to create a to family planning. Small Business Bill of Rights is a health care reform agenda. As a result We stood up for our allies—Poland, prime example of suburban prag- of hundreds of meetings and roundtable Armenia, Greece, Ukraine, and Geor- matism at work. gia—and increased oversight of the discussions with providers and doctors Suburban families also expect world- United Nation’s Relief and Works and patient groups, we authored the class schools, and in the 10th District Agency, and demanded accountability Medical Rights and Reform Act, which we are privileged to have some of the guarantees the doctor-patient relation- best public schools in the country. I in U.S. assistance to the West Bank ship, allows individuals to buy insur- think it is fitting that the first bill I and Gaza. We successfully changed policy on ance across State lines, and would end introduced in the House was the proposed arms sales to Saudi Arabia, frivolous lawsuits. GRADE–A Act to ensure full funding Following Congresswoman Church’s for Federal impact aid schools. I estab- protecting U.S. forces in the region, footsteps, I also took measures to re- lished an education advisory board to and preserving Israel’s qualitative duce wasteful Federal spending. I help guide me in formulating education military advantage. We delivered Eyes in the Sky, and bucked my party in leading the charge policy, and this board helped draft leg- to deny hundreds of millions of dollars islation making technical corrections the X-Band radar system to defend the in Federal funding for the infamous to the No Child Left Behind Act that I State of Israel, and our bipartisan leg- Bridge to Nowhere in Alaska. I was believed would enhance local control of islation moved forward to prohibit gas- also the first member of the Appropria- schools and empower teachers. oline sales to Iran which is now the law tions Committee to swear off pork-bar- I worked on many facets of improv- of the land. rel spending in our broken earmark ing our education system, including In my time representing the people of system. I consistently voted to support creating healthier learning environ- the 10th District, there is one defining the taxpayer and ease the burden of ments. I introduced the Green Schools moment that shaped my work in the Federal taxes on American families. Act to provide matching grants for Congress and forever changed our coun- I voted in a way that reflects a prag- green school construction projects in try. I started the day on September 11, matic problem-solving nature for the our classrooms and the School Con- 2001, in the Pentagon having breakfast people of northeastern Illinois. I tried servation Corps Act to support con- with Secretary Rumsfeld. The meeting to make sure that the Federal Govern- servation clubs and teach kids about broke up early when the Secretary was ment was making daily life easier for the importance of environmental pro- notified that a second plane hit the suburban families. The most common tection. World Trade Center. Shortly there- complaint among families in Chicago As a staunch supporter of alternative after, we were evacuated from the Cap- suburbs is traffic congestion. Our high- energy and transportation, we sup- itol complex after the Pentagon was way system is outdated and in need of ported and authored many other bills hit. Being forced from our offices that repair, and mass transit can be more to provide permanent tax incentives day was a profoundly sad moment. readily available if we work policy cor- for renewable energy and clean trans- As a veteran and a Naval Reserve in- rectly. To address this, I joined with portation. I also joined with Congress- telligence officer, I knew we were at my colleague to the west, Congress- men Boehlert and PLATTS to help lead war and there was much work to be woman MELISSA BEAN, to create the the Republican effort to raise the Na- done in the Congress to protect the Suburban Transportation Commission. tion’s fuel economy standards. American people and provide our mili- Our goal was to bring together local Following in the tradition of Con- tary with the resources they needed to leaders with their State and Federal gressmen Washburne and Porter, we fight terrorism. representatives to find solutions to promoted human rights in remote cor- The House began debating legislation local and regional transportation prob- ners of the world through my tenure of to establish a Department of Homeland lems. this House. I took up the case of a jour- Security while most congressional of- I have been a staunch supporter of nalist imprisoned in Bangladesh simply fices were closed as a result of an an- commuter rail; and I am pleased to say on the, quote, crime of promoting thrax attack. Working out of tem- that since we’ve been in office, Metra interfaith dialogue between Ban- porary space at the General Account- has expanded service on its North Cen- gladesh and Israel. ing Office, I authored language pro- tral line and is working now to build Shoaib Choudhury was charged with viding for effective 911 emergency call the Star line, which I hope will provide sedition, a crime punishable by death capabilities from telephones on pas- a commuter rail link between western under Bangladeshi law, and spent 18 senger aircraft and trains. At the same suburbs. I also introduced the COM- months in prison before congressional time, I also began working on improv- MUTER Act to incentivize the use of attention convinced authorities to re- ing the effectiveness of the State De- public transportation among suburban- lease him. In 2007, the House passed a partment’s Rewards for Justice pro- ites who would otherwise be stuck in resolution I authored calling on the gram to help provide investigators traffic. Government of Bangladesh to imme- with more information that could lead Recognizing the growth of suburban diately drop all charges against to the capture of wanted terrorists. Re- communities, I joined with dozens of Shoaib. It carried by a vote of 409–1. membering how a tip from this pro- my colleagues to devise the Suburban Some of our work also helped secure gram led to the capture of Mir Aimal Agenda, a package of legislation de- the release of Dr. Taye Wolde- Kasi, the terrorist who murdered CIA
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17812 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 employees outside headquarters on the Capitol. I was also inspired to see into one cohesive, comprehensive fed- January 25, 1993, I wanted to increase this bill passed by an extraordinary eral facility. It, too, is a history-mak- the maximum reward for information young man, Sergeant Bryan Anderson ing event.’’ that would lead us to terrorists respon- of Rolling Meadows, Illinois. Bryan As I leave this House, we face key sible for 9/11. lost both legs and an arm due to a challenges; challenges of solving in- In the years that followed, we contin- roadside bomb in Iraq. creasing gridlock in our communities; ued to work to make this program Washington has legions of profes- challenges on the environmental front more effective, authorizing special pay- sional advocates who make a living out of cleaning up nuclear waste and PCBs; ments, expanding the number of in- of convincing people to see issues from challenges of maintaining the tradition formants eligible for rewards, and al- their point of view, but none can com- of the 10th District in education excel- lowing payments other than cash to be pare to Bryan. With Bryan, what you lence; challenges like keeping the U.S. made in certain circumstances. see is what you get—a veteran with an health care system on the cutting edge The war in Afghanistan requires con- inspirational story who wants to see so that each American lives a full and tributions from all elements of the U.S. the memorial built, not for himself, healthy life; and providing tax fairness Government, and sometimes the best not just for disabled veterans, but so for married people, ending the death support comes from unexpected places. that everyone will remember the sac- tax, and stopping government waste. On one trip to Afghanistan, I was rifice of all of our veterans. I look forward to continuing our pleasantly surprised to find that some One project in particular follows the work and confronting these challenges of the best intelligence against al arc of my career in this House. In 1999, head-on in the Senate. In the mean- Qaeda and the Taliban were coming a Washington-based consultant wrote a time, I want to extend my best wishes from agents of the Drug Enforcement study recommending the closure of the and heartfelt congratulations to our Administration. I was also surprised to North Chicago VA Hospital. The study congressman-elect, Robert Dold, who I learn that the DEA was not officially said that Lake County veterans could know will continue our tradition of part of the U.S. intelligence commu- get help downtown in Chicago or May- thoughtful, independent leadership. nity. I returned to Washington and wood, or even the Milwaukee area, Congressman-elect Dold shares my pas- worked with Congressman FRANK WOLF with only a 30-minute drive. sion for our district, our State, our to make sure that the DEA became an country, and our democratic allies. I b 2230 official member of the intelligence am confident that the 10th District is community again. The study overlooked the fact that now in good hands and look forward to I also worked to provide DEA with North Chicago VA was recently ren- working with him to advancing these specialized intelligence aircraft to use ovated and housed modern in-patient goals. in Afghanistan. The intelligence col- wards with the latest equipment still Mr. Speaker, I first arrived in this lected from this plane not only helps in bubble wrap. It also overlooked the House as a staff member in 1984, 26 warfighters on the ground, but the in- fact that the Navy was operating an years ago. On and off, I served during formation is also admissible in court, outdated, oversized hospital no more the speakerships of Tip O’Neill, Jim meaning narcoterrorists in Afghani- than a mile away and had plans to in- Wright, Tom Foley, Newt Gingrich, stan could more likely face criminal vest more than $100 million to replace Dennis Hastert, and NANCY PELOSI. charges in the United States. it. I thought it made more sense to This institution is the real arena of I am very proud of my work in Con- combine these two institutions, rather American politics. It is here that the gress to help our men and women in than close one and rebuild the other. raw emotions of the American people uniform fight overseas, and more proud Over the last 10 years, we battled the are translated nearly instantaneously to have served alongside them. In De- bureaucracy and gradually integrated into draft policies to address our Na- cember 2008, I became the first Member the services of the Navy and VA. We tion’s needs. It is here where democ- of the House to serve in an imminent started by combining in-patient mental racy is strongest, youngest, and most danger area when I deployed to health, leading to a jointly operated vibrant. Kandahar, Afghanistan to serve as a operations suite and emergency room, As an intern, staffer, and Member I special adviser to General Nicholson and on October 1st of this year, we offi- have had the honor to serve in the for Regional Command South focused cially opened the first truly joint House of Commons in London, in the on counternarcotics. A year later, I re- Navy-VA hospital in the country. This House of Representatives here in Wash- turned to Afghanistan to serve again. new facility will care for more than ington, and soon in the Senate. But Each time, I have become more com- 100,000 veterans, retirees, sailors, and most of my professional life, in one mitted to the men and women serving their families. It is my hope that this form or another, has been here in the over there and their mission. model will improve veterans’ health People’s House. I have loved every Today, 9 years after the first Amer- care throughout our Nation. minute of it, and would say to young ican boots hit the ground in Afghani- What better way to honor our vet- Americans that one of the best ways to stan, the mission remains vital to our erans than by naming the facility after make a real difference in life is to join security. We must leave Afghanistan one of our Nation’s heroes, 10th Dis- the roughly 12,000 Americans who have only after victory is secured and ter- trict resident and Apollo XIII Com- had the unique privilege of serving rorists no longer find sanctuary in its mander Captain James A. Lovell, Jr. their district here in the center of the rugged mountains capable of hurting In 2007, I wrote to Deputy Secretary democratic world. Americans and the United States. of Defense Gordon England and re- I want to especially thank my dis- As a veteran, one of my highest pri- quested that the new facility have the trict chiefs of staff, Dodie McCracken, orities in the Congress is to take care name that reflected the mission of this Lenore Macdonald, and Eric Elk; my of our men and women in uniform, con- pioneering hero. In response, the Dep- Washington chiefs of staff, Doug sistently work to improve the quality uty Secretary wrote, ‘‘It is fitting to O’Brien, Liesl Hickey, and Les Munson; of life for active duty servicemen and name the facility after Captain Lovell, and the man who drafted my first -women, their families, and retirees. not only for the reasons cited in your speech in the House, Patrick Magnu- I am proud to have joined with Con- letter, but also for his role in the his- son, and the man who drafted my last gressman DENNIS MOORE to pass the tory-making Gemini 7 mission, which speech in the House, Patrick Magnu- American Veterans Disabled for Life included the first rendezvous of two son. Memorial Coin Act. This memorial will manned maneuverable spacecraft. The I move on now to the Senate to serve honor the sacrifices made by America’s joint DoD-VA health care facility in the people of Illinois. I am honored to more than 3 million disabled veterans North Chicago can be described as the have the privilege to work for everyone by building a memorial for them here first rendezvous of two separate med- from Rockford to Cairo. But part of my in Washington, D.C., within eyesight of ical treatment facilities, joining them heart will always remain here in the
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17813 House with the spirits of Washburne, poration, transmitting the Corporation’s cy’s final rule — Revisions to In-Use Testing Church, Rumsfeld, Mikva, and Porter, final rule — Treatment by the Federal De- for Heavy-Duty Diesel Engines and Vehicles; the men and women who represented posit Insurance Corporation as Conservator Emissions Measurement and Instrumenta- the northern suburbs here in the House or Receiver of Financial Assents Transferred tion; Not-to-Exceed Emission Standards; and by an Insured Depository Institution in Con- Technical Amendments for Off-Highway En- of Representatives. nection With a Securitization or Participa- gines [EPA-HQ-OAR-2010-0142; FRL-9220-6] Mr. Speaker, I yield the floor for the tion After September 30, 2010 (RIN: 3064- (RIN: 2060-A-069) received November 2, 2010, last time, and thank you. AD55) received October 25, 2010, pursuant to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- mittee on Energy and Commerce. nancial Services. 10339. A letter from the Deputy Director, SPECIAL ORDERS GRANTED 10331. A letter from the Deputy General Defense Security Cooperation Agency, trans- By unanimous consent, permission to Counsel, Office of General Counsel, National mitting Transmittal No. 10-47, pursuant to address the House, following the legis- Credit Union Administration, transmitting the reporting requirements of Section lative program and any special orders the Administration’s final rule — The Low- 36(b)(1) of the Arms Export Control Act, as Income Definition (RIN: 3133-AD75) received amended; to the Committee on Foreign Af- heretofore entered, was granted to: November 2, 2010, pursuant to 5 U.S.C. fairs. (The following Members (at the re- 801(a)(1)(A); to the Committee on Financial 10340. A letter from the Deputy Director, quest of Mr. GRAYSON) to revise and ex- Services. Defense Security Cooperation Agency, trans- tend their remarks and include extra- 10332. A letter from the Deputy Director, mitting Transmittal No. 10-48, pursuant to neous material:) Regulations Policy and Management Staff, the reporting requirements of Section Mr. SHERMAN, for 5 minutes, today. Department of Health and Human Services, 36(b)(1) of the Arms Export Control Act, as Mr. DEFAZIO, for 5 minutes, today. transmitting the Department’s final rule — amended; to the Committee on Foreign Af- Microbiology Devices; Reclassification of fairs. Ms. KAPTUR, for 5 minutes, today. Herpes Simplex Virus Types 1 and 2 Sero- 10341. A letter from the Acting Director, Ms. WOOLSEY, for 5 minutes, today. logical Assays; Confirmation of Effective Defense Security Cooperation Agency, trans- Mr. GRAYSON, for 5 minutes, today. Date [Docket No.: FDA-2009-N-0344] received mitting Transmittal No. 10-51, pursuant to (The following Members (at the re- October 25, 2010, pursuant to 5 U.S.C. the reporting requirements of Section quest of Mr. BURTON of Indiana) to re- 801(a)(1)(A); to the Committee on Energy and 36(b)(1) of the Arms Export Control Act, as vise and extend their remarks and in- Commerce. amended; to the Committee on Foreign Af- clude extraneous material:) 10333. A letter from the Director, Regu- fairs. Mr. THOMPSON of Pennsylvania, for 5 latory Management Division, Environmental 10342. A letter from the Deputy Director, minutes, today and November 18. Protection Agency, transmitting the Agen- Defense Security Cooperation Agency, trans- cy’s final rule — Approval and Promulgation mitting Transmittal No. 10-44, pursuant to Mr. SMITH of New Jersey, for 5 min- of Air Quality Implementation Plans; Illi- the reporting requirements of Section utes, today. nois; Volatile Organic Compound Site-Spe- 36(b)(1) of the Arms Export Control Act, as f cific State Implementation Plan for Abbott amended; to the Committee on Foreign Af- Laboratories [EPA-R05-OAR-2009-0665; FRL- fairs. ADJOURNMENT 9212-8] received November 2, 2010, pursuant to 10343. A letter from the Deputy Director, Mr. KIRK. Mr. Speaker, I move that 5 U.S.C. 801(a)(1)(A); to the Committee on Defense Security Cooperation Agency, trans- the House do now adjourn. Energy and Commerce. mitting Transmittal No. 10-43, pursuant to The motion was agreed to; accord- 10334. A letter from the Director, Regu- the reporting requirements of Section latory Management Division, Environmental 36(b)(1) of the Arms Export Control Act, as ingly (at 10 o’clock and 35 minutes Protection Agency, transmitting the Agen- amended; to the Committee on Foreign Af- p.m.), the House adjourned until to- cy’s final rule — Approval and Promulgation fairs. morrow, Thursday, November 18, 2010, of Implementation Plans; Albuquerque/ 10344. A letter from the Deputy Director, at 10 a.m. Bernalillo County, New Mexico; Interstate Defense Security Cooperation Agency, trans- f Transport of Pollution [EPA-R06-OAR-2007- mitting Transmittal No. 10-45, pursuant to 1119; FRL-9221-4] received November 2, 2010, the reporting requirements of Section EXECUTIVE COMMUNICATIONS, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 36(b)(1) of the Arms Export Control Act, as ETC. mittee on Energy and Commerce. amended; to the Committee on Foreign Af- Under clause 2 of rule XIV, executive 10335. A letter from the Director, Regu- fairs. latory Management Division, Environmental 10345. A letter from the Deputy Director, communications were taken from the Protection Agency, transmitting the Agen- Defense Security Cooperation Agency, trans- Speaker’s table and referred as follows: cy’s final rule — Change of Addresses for mitting Transmittal No. 10-46, pursuant to 10327. A letter from the Administrator, De- Submission of Certain Reports; Technical the reporting requirements of Section partment of Agriculture, transmitting the Correction [FRL-9221-7] received November 2, 36(b)(1) of the Arms Export Control Act, as Department’s final rule — Hass Avocado Pro- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the amended; to the Committee on Foreign Af- motion, Research, and Information Order; Committee on Energy and Commerce. fairs. Section 610 Review [Document Number AMS- 10336. A letter from the Director, Regu- 10346. A letter from the Deputy Director, FV-10-0007] received October 32, 2010, pursu- latory Management Division, Environmental Defense Security Cooperation Agency, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Protection Agency, transmitting the Agen- mitting Transmittal No. 10-58, pursuant to on Agriculture. cy’s final rule — Delegation of National the reporting requirements of Section 10328. A letter from the Congressional Re- Emission Standards for Hazardous Air Pol- 36(b)(1) of the Arms Export Control Act, as view Coordinator, Department of Agri- lutants for Source Categories; State of Ne- amended; to the Committee on Foreign Af- culture, transmitting the Department’s final vada; Clark County Department of Air Qual- fairs. rule — Importation of Mexican Hass Avoca- ity and Environmental Management [EPA- 10347. A letter from the Deputy Director, dos; Additional Shipping Options [Docket R09-OAR-2010-0814; FRL-9219-5] received No- Defense Security Cooperation Agency, trans- No.: APHIS-2008-0016] (RIN: 0579-AD15) re- vember 2, 2010, pursuant to 5 U.S.C. mitting Transmittal No. 10-52, pursuant to ceived November 1, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and the reporting requirements of Section 801(a)(1)(A); to the Committee on Agri- Commerce. 36(b)(1) of the Arms Export Control Act, as culture. 10337. A letter from the Director, Regu- amended; to the Committee on Foreign Af- 10329. A letter from the Director, Defense latory Management Division, Environmental fairs. Procurement and Acquisition Policy, De- Protection Agency, transmitting the Agen- 10348. A letter from the Deputy Director, partment of Defense, transmitting the De- cy’s final rule — Determinations of Attain- Defense Security Cooperation Agency, trans- partment’s final rule — Defense Federal Ac- ment by the Applicable Attainment Date for mitting Transmittal No. 10-57, pursuant to quisition Regulation Supplement; Balance of the Hayden, Nogales, Paul Spur/Douglas the reporting requirements of Section Payments Program Exemption for Commer- PM10 Nonattainment Areas, Arizona [EPA- 36(b)(1) of the Arms Export Control Act, as cial Information Technology-Construction R09-OAR-2010-0718; FRL-9219-7] received No- amended; to the Committee on Foreign Af- Material (DFARS Case 2009-D041) (RIN: 0750- vember 2, 2010, pursuant to 5 U.S.C. fairs. AG60) received October 25, 2010, pursuant to 801(a)(1)(A); to the Committee on Energy and 10349. A letter from the Assistant Sec- 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. retary of State for Political-Military Affairs, Armed Services. 10338. A letter from the Director, Regu- Department of State, transmitting Trans- 10330. A letter from the Deputy to the latory Management Division, Environmental mittal No. DDTC 10-104, pursuant to the re- Chairman, Federal Deposit Insurance Cor- Protection Agency, transmitting the Agen- porting requirements of Section 36(c) of the
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17814 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010 Arms Export Control Act; to the Committee Control Act; to the Committee on Foreign 10373. A letter from the Acting Director, on Foreign Affairs. Affairs. Office of Sustainable Fisheries, NMFS, Na- 10350. A letter from the Assistant Sec- 10362. A letter from the Assistant Sec- tional Oceanic and Atmospheric Administra- retary of State for Political-Military Affairs, retary, Legislative Affairs, Department of tion, transmitting the Administration’s final Department of State, transmitting Trans- State, transmitting Transmittal No. DDTC rule — Fisheries of the Caribbean, Gulf of mittal No. DDTC 10-096, pursuant to the re- 10-084, pursuant to the reporting require- Mexico, and South Atlantic; Reef Fish Fish- porting requirements of Section 36(c) of the ments of Section 36(c) of the Arms Export ery of the Gulf of Mexico; Re-Opening of the Arms Export Control Act; to the Committee Control Act; to the Committee on Foreign 2010 Gulf of Mexico Recreational Red Snap- on Foreign Affairs. Affairs. per Season [Docket No.: 970730185-7206-02] 10351. A letter from the Assistant Sec- 10363. A letter from the Assistant Sec- (RIN: 0648-XY73) received October 25, 2010, retary, Legislative Affairs, Department of retary, Legislative Affairs, Department of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- State, transmitting Transmittal No. DDTC State, transmitting Transmittal No. DDTC mittee on Natural Resources. 10-111, pursuant to the reporting require- 10-081, pursuant to the reporting require- 10374. A letter from the Deputy Assistant ments of Section 36(c) of the Arms Export ments of Section 36(d) of the Arms Export Administrator for Regulatory Programs, Control Act; to the Committee on Foreign Control Act; to the Committee on Foreign NMFS, National Oceanic and Atmospheric Affairs. Affairs. Administration, transmitting the Adminis- 10352. A letter from the Assistant Sec- 10364. A letter from the Assistant Sec- tration’s final rule — Fisheries of the Carib- retary, Legislative Affairs, Department of retary, Principal Deputy Assistant Sec- bean, Gulf of Mexico, and South Atlantic; State, transmitting Transmittal No. DDTC retary, Legislative Affairs, Department of Reef Fish Fishery of the Gulf of Mexico; 10-102, pursuant to the reporting require- State, transmitting Transmittal No. DDTC Emergency Rule to Authorize Re-Opening ments of Section 36(c) of the Arms Export 10-099, pursuant to the reporting require- the Recreational Red Snapper Season [Dock- Control Act; to the Committee on Foreign ments of Section 36(d) of the Arms Export et No.: 100713296-0452-02] (RIN: 0648-BA06) re- Affairs. Control Act; to the Committee on Foreign ceived October 25, 2010, pursuant to 5 U.S.C. 10353. A letter from the Assistant Sec- Affairs. 801(a)(1)(A); to the Committee on Natural retary, Legislative Affairs, Department of 10365. A letter from the Assistant Sec- Resources. State, transmitting Transmittal No. DDTC retary, Legislative Affairs, Department of 10375. A letter from the Acting Director, 09-103, pursuant to the reporting require- State, transmitting Transmittal No. DDTC Office of Sustainable Fisheries, NMFS, Na- ments of Section 36(c) of the Arms Export 10-086 (CORRECTED), Certification of pro- tional Oceanic and Atmospheric Administra- Control Act; to the Committee on Foreign posed issuance of an export license, pursuant tion, transmitting the Administration’s final Affairs. to sections 36(c) and 36(d) of the Arms Export rule — Fisheries Off West Coast States; 10354. A letter from the Assistant Sec- Control Act; to the Committee on Foreign Coastal Pelagic Species Fisheries; Closure retary, Legislative Affairs, Department of Affairs. [Docket No.: 0912281446-0111-02] (RIN: 0648- 10366. A letter from the Assistant Sec- State, transmitting Transmittal No. DDTC XY79) received October 25, 2010, pursuant to retary, Legislative Affairs, Department of 10-100, pursuant to the reporting require- 5 U.S.C. 801(a)(1)(A); to the Committee on State, transmitting Transmittal No. DDTC ments of Section 36(c) of the Arms Export Natural Resources. 10-074, Certification of proposed issuance of Control Act; to the Committee on Foreign 10376. A letter from the Acting Director, an export license, pursuant to sections 36(c) Affairs. Office of Sustainable Fisheries, NMFS, Na- and 36(d) of the Arms Export Control Act; to 10355. A letter from the Assistant Sec- tional Oceanic and Atmospheric Administra- the Committee on Foreign Affairs. retary, Legislative Affairs, Department of 10367. A letter from the Assistant Sec- tion, transmitting the Administration’s final State, transmitting Transmittal No. DDTC retary, Legislative Affairs, Department of rule — Fisheries of the Exclusive Economic 10-058, pursuant to the reporting require- State, transmitting Transmittal No. DDTC Zone Off Alaska; Pacific Cod by Catcher/ ments of Section 36(c) of the Arms Export 10-093, Certification of proposed issuance of Processors Using Pot Gear in the Bering Sea Control Act; to the Committee on Foreign an export license, pursuant to sections 36(c) and Aleutian Islands Management Area Affairs. and 36(d) of the Arms Export Control Act; to [Docket No.: 0910131363-0087-02] (RIN: 0648- 10356. A letter from the Assistant Sec- the Committee on Foreign Affairs. XZ27) received October 25, 2010, pursuant to 5 retary, Legislative Affairs, Department of 10368. A letter from the Associate Director U.S.C. 801(a)(1)(A); to the Committee on Nat- State, transmitting Transmittal No. DDTC for PP&I, Department of the Treasury, ural Resources. 10-082 (CORRECTED), pursuant to the report- transmitting the Department’s final rule — 10377. A letter from the Acting Director, ing requirements of Section 36(c) of the Arms North Korea Sanctions Regulations received Office of Sustainable Fisheries, NMFS, Na- Export Control Act; to the Committee on November 1, 2010, pursuant to 5 U.S.C. tional Oceanic and Atmospheric Administra- Foreign Affairs. 801(a)(1)(A); to the Committee on Foreign Af- tion, transmitting the Administration’s final 10357. A letter from the Assistant Sec- fairs. rule — Fisheries of the Caribbean, Gulf of retary, Legislative Affairs, Department of 10369. A communication from the President Mexico, and South Atlantic; Snapper-Group- State, transmitting Transmittal No. DDTC of the United States, transmitting a report er Fishery of the South Atlantic; Closure of 10-076, pursuant to the reporting require- related to Afghanistan and Pakistan; to the the 2010-2011 Commercial Sector for Black ments of Section 36(c) of the Arms Export Committee on Foreign Affairs. Sea Bass in the South Atlantic [Docket No.: Control Act; to the Committee on Foreign 10370. A letter from the Director, Office of 040205043-4043-01] (RIN: 0648-XY48) received Affairs. Personnel Management, transmitting the Of- October 25, 2010, pursuant to 5 U.S.C. 10358. A letter from the Assistant Sec- fice’s final rule — General Schedule Locality 801(a)(1)(A); to the Committee on Natural retary, Legislative Affairs, Department of Pay Areas (RIN: 3206-AM25) received Novem- Resources. State, transmitting Transmittal No. DDTC ber 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); 10378. A letter from the Acting Director, 10-048, pursuant to the reporting require- to the Committee on Oversight and Govern- Office of Sustainable Fisheries, NMFS, Na- ments of Section 36(c) of the Arms Export ment Reform. tional Oceanic and Atmospheric Administra- Control Act; to the Committee on Foreign 10371. A letter from the Deputy Assistant tion, transmitting the Administration’s final Affairs. Administrator for Regulatory Programs, rule — Fisheries of the Caribbean, Gulf of 10359. A letter from the Assistant Sec- NMFS, National Oceanic and Atmospheric Mexico, and South Atlantic; Snapper-Group- retary, Legislative Affairs, Department of Administration, transmitting the Adminis- er Fishery of the South Atlantic; Closure of State, transmitting Transmittal No. DDTC tration’s final rule — Magnuson-Stevens the July-December 2010 Commercial Sector 10-085, pursuant to the reporting require- Fishery Conservation and Management Act; for Vermilion Snapper in the South Atlantic ments of Section 36(c) of the Arms Export Regional Fishery Management Councils; Op- [Docket No.: 040205043-4043-01] (RIN: 0648- Control Act; to the Committee on Foreign erations [Docket No.: 080102007-0337-03] (RIN: XY47) received October 25, 2010, pursuant to Affairs. 0648-AW18) received October 25, 2010, pursu- 5 U.S.C. 801(a)(1)(A); to the Committee on 10360. A letter from the Assistant Sec- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Natural Resources. retary, Legislative Affairs, Department of on Natural Resources. 10379. A letter from the Assistant Adminis- State, transmitting Transmittal No. DDTC 10372. A letter from the Acting Director, trator for Fisheries, NMFS, National Oce- 10-091, pursuant to the reporting require- Office of Sustainable Fisheries, NMFS, Na- anic and Atmospheric Administration, trans- ments of Section 36(c) of the Arms Export tional Oceanic and Atmospheric Administra- mitting the Administration’s final rule — Control Act; to the Committee on Foreign tion, transmitting the Administration’s final Fisheries of the Exclusive Economic Zone Affairs. rule — Fisheries Off West Coast States; Off Alaska; Chinook Salmon Bycatch Man- 10361. A letter from the Assistant Sec- Coastal Pelagic Species Fisheries; closure agement in the Bering Sea Pollock Fishery; retary, Legislative Affairs, Department of [Docket No.: 0912281446-0111-02] (RIN: 0648- Correction [Docket No.: 090511911-0307-02] State, transmitting Transmittal No. DDTC XY79) received October 25, 2010, pursuant to (RIN: 0648-AX89) received October 25, 2010, 10-036, pursuant to the reporting require- 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ments of Section 36(c) of the Arms Export Natural Resources. mittee on Natural Resources.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 17815 10380. A letter from the Deputy Assistant final rule — Regulations under the Genetic product liability, and for other purposes; to Administrator for Operations, NMFS, Na- Information Nondiscrimination Act of 2008 the Committee on the Judiciary. tional Oceanic and Atmospheric Administra- (RIN: 3046-AA84) received November 2, 2010, By Mr. STUPAK: tion, transmitting the Administration’s final pursuant to 5 U.S.C. 801(a)(1)(A); jointly to H.R. 6422. A bill to amend the Railroad Re- rule — Fisheries Off West Coast States; Pa- the Committees on Oversight and Govern- tirement Act of 1974 with respect to current cific Coast Groundfish Fishery Management ment Reform and Education and Labor. connection; to the Committee on Transpor- Plan; Amendments 20 and 21; Trawl Ration- f tation and Infrastructure. alization Program [Docket No.: 100212086- By Mr. THOMPSON of Mississippi (for 0354-04] (RIN: 0648-AY68) received October 25, REPORTS OF COMMITTEES ON himself, Ms. CLARKE, and Ms. HAR- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the PUBLIC BILLS AND RESOLUTIONS MAN): Committee on Natural Resources. Under clause 2 of rule XIII, reports of H.R. 6423. A bill to enhance homeland secu- 10381. A letter from the Assistant Sec- rity, including domestic preparedness and committees were delivered to the Clerk collective response to terrorism, by amend- retary of State, Department of State, trans- for printing and reference to the proper mitting report on the Secretary of State’s ing the Homeland Security Act of 2002 to es- decision to designate an entity and its calendar, as follows: tablish the Cybersecurity Compliance Divi- aliases as a ‘‘foreign terrorist organization’’, Mr. ARCURI: Committee on Rules. House sion and provide authorities to the Depart- pursuant to Section 219 of the Immigration Resolution 1721. Resolution providing for the ment of Homeland Security to enhance the and Nationality Act (INA), as amended (8 consideration of the Senate amendment to security and resiliency of the Nation’s cyber U.S.C. 1189); to the Committee on the Judici- the bill (H.R. 1722) to require the head of and physical infrastructure against ter- ary. each executive agency to establish and im- rorism and other cyber attacks, and for 10382. A letter from the Assistant Sec- plement a policy under which employees other purposes; to the Committee on Home- shall be authorized to telework, and for retary of State, Department of State, trans- land Security, and in addition to the Com- other purposes, and providing for consider- mitting report on the Secretary of State’s mittee on Oversight and Government Re- ation of motions to suspend the rules. (Rept. decision to designate an entity and its form, for a period to be subsequently deter- 111–657). Referred to the House Calendar. aliases as a ‘‘foreign terrorist organization’’, mined by the Speaker, in each case for con- sideration of such provisions as fall within pursuant to Section 219 of the Immigration f the jurisdiction of the committee concerned. and Nationality Act (INA), as amended (8 PUBLIC BILLS AND RESOLUTIONS By Mr. CONYERS: U.S.C. 1189); to the Committee on the Judici- Under clause 2 of rule XII, public H. Con. Res. 332. Concurrent resolution ary. providing for a conditional adjournment of 10383. A letter from the Assistant Sec- bills and resolutions of the following titles were introduced and severally re- the House of Representatives and a condi- retary of State, Department of State, trans- tional recess or adjournment of the Senate; mitting report on the Secretary of State’s ferred, as follows: considered and agreed to. decision to designate an entity and its By Mr. PENCE: By Mr. ELLISON: aliases as a ‘‘foreign terrorist organization’’, H.R. 6415. A bill to permanently extend the H. Res. 1720. A resolution providing for the pursuant to Section 219 of the Immigration 2001 and 2003 tax relief provisions, and to per- printing of a revised edition of the Rules and and Nationality Act (INA), as amended (8 manently repeal the estate tax, and to pro- Manual of the House of Representatives for U.S.C. 1189); to the Committee on the Judici- vide permanent AMT relief, and for other the One Hundred Twelfth Congress; consid- ary. purposes; to the Committee on Ways and ered and agreed to. 10384. A letter from the Attorney Advisor, Means. By Ms. BORDALLO (for herself, Mr. Department of Homeland Security, transmit- By Mr. PAUL: BROWN of South Carolina, Mr. ting the Department’s final rule — Safety H.R. 6416. A bill to ensure that certain Fed- FALEOMAVAEGA, and Mr. GRIJALVA): Zone; Revolution 3 Triathlon, Lake Erie & eral employees cannot hide behind immu- H. Res. 1722. A resolution supporting inter- Sandusky Bay, Cedar Point, OH [Docket No.: nity; to the Committee on the Judiciary. national tiger conservation efforts and the USCG-2010-0791] (RIN: 1625-AA00) received By Mr. LAMBORN: upcoming Global Tiger Summit in St. Pe- October 28, 2010, pursuant to 5 U.S.C. H.R. 6417. A bill to prohibit Federal fund- tersburg, Russia; to the Committee on For- 801(a)(1)(A); to the Committee on Transpor- ing of certain public radio programming, to eign Affairs, and in addition to the Com- tation and Infrastructure. provide for the transfer of certain public mittee on Natural Resources, for a period to 10385. A letter from the Attorney-Advisor, radio funds to reduce the public debt, and for be subsequently determined by the Speaker, Department of Homeland Security, transmit- other purposes; to the Committee on Energy in each case for consideration of such provi- ting the Department’s final rule — Safety and Commerce. sions as fall within the jurisdiction of the Zone; Illinois River, Mile 000.5 to 001.5 [Dock- By Mr. BOSWELL (for himself, Mr. committee concerned. et No.: USCG-2010-0786] (RIN: 1625-AA00) re- CONAWAY, Mr. LOEBSACK, and Mr. By Mr. FATTAH: ceived October 28, 2010, pursuant to 5 U.S.C. LATHAM): H. Res. 1723. A resolution disavowing the 801(a)(1)(A); to the Committee on Transpor- H.R. 6418. A bill to amend the Farm Secu- partisan impeachment of William Jefferson rity and Rural Investment Act of 2002 to ex- tation and Infrastructure. Clinton; to the Committee on the Judiciary. tend the suspension of the limitation on the 10386. A letter from the Director, Regu- By Mr. SNYDER (for himself, Mr. period for which certain borrowers are eligi- latory Management Division, Environmental LOBIONDO, Mr. PALLONE, Mr. ACKER- ble for guaranteed assistance; to the Com- Protection Agency, transmitting the Agen- MAN, Ms. MATSUI, Mr. SPACE, Mr. mittee on Agriculture. cy’s final rule — Direct Final Rule Staying STUPAK, Mr. HASTINGS of Florida, Ms. By Mr. MCDERMOTT (for himself, Mr. Numeric Limitation for the Construction TSONGAS, Mr. ORTIZ, Mr. BARROW, Mr. LEVIN, Mr. KILDEE, Mr. DINGELL, Ms. and Development Point Source Category KISSELL, Ms. WOOLSEY, Mrs. DAVIS of MATSUI, Mr. GUTIERREZ, Ms. BERK- [EPA-HQ-OW-2010-0884; FRL-9222-2] received California, Mr. REHBERG, Mr. GRIF- LEY, Ms. PINGREE of Maine, Ms. NOR- November 2, 2010, pursuant to 5 U.S.C. FITH, Mr. COFFMAN of Colorado, Mr. TON, Mr. STARK, Mr. GRIJALVA, Ms. 801(a)(1)(A); to the Committee on Transpor- BARTLETT, Mr. CARNAHAN, Mr. INGLIS, HIRONO, Mr. CONYERS, Ms. LEE of tation and Infrastructure. Mr. SHIMKUS, Mrs. BONO MACK, Mr. California, Mr. BLUMENAUER, Mr. 10387. A letter from the Chief, Publications KRATOVIL, Mr. SMITH of Washington, NADLER of New York, Ms. DELAURO, and Regulations, Internal Revenue Service, Mr. BOSWELL, Mr. CHILDERS, Mr. Mr. ELLISON, Mr. LANGEVIN, and Mr. transmitting the Service’s final rule — Cred- MELANCON, Mr. MARSHALL, Mr. COO- OLVER): it for Carbon Dioxide Sequestration 2010 Sec- H.R. 6419. A bill to amend the Supple- PER, Mr. ROTHMAN of New Jersey, Ms. tion 45Q Inflation Adjustment Factor [Notice mental Appropriations Act, 2008 to provide MCCOLLUM, Mr. LARSEN of Wash- 2010-75] received November 5, 2010, pursuant for the further extension of emergency un- ington, Mr. ROSS, Mr. DICKS, Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on employment benefits, and for other purposes; HODES, Mr. CROWLEY, Mr. CHANDLER, Ways and Means. to the Committee on Ways and Means. Mr. DONNELLY of Indiana, Mr. HILL, 10388. A letter from the Chief, Publications By Mr. ADLER of New Jersey (for him- Mr. TAYLOR, Mr. ADERHOLT, Mr. and Regulations Branch, Internal Revenue self, Mr. BROUN of Georgia, and Mr. MCINTYRE, Mr. LINDER, Mr. PRICE of Service, transmitting the Service’s final rule SIMPSON): Georgia, Mr. FILNER, Mr. THORN- — Tribal economic development bonds — Ex- H.R. 6420. A bill to amend the Fair Credit BERRY, Mr. WELCH, Ms. GIFFORDS, Mr. tension of deadline to issue bonds [An- Reporting Act with respect to the applica- MOORE of Kansas, Mr. DELAHUNT, Mr. nouncement 2010-88] received November 5, bility of identity theft guidelines to credi- ALTMIRE, Mr. SKELTON, Mr. MICHAUD, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the tors; to the Committee on Financial Serv- Ms. HERSETH SANDLIN, Mr. AL GREEN Committee on Ways and Means. ices. of Texas, Mr. RYAN of Ohio, Mr. 10389. A letter from the Associate Legal By Mr. FILNER: BOYD, Mr. RAHALL, Mr. BACHUS, Mr. Counsel, Equal Employment Opportunity H.R. 6421. A bill to eliminate the learned MITCHELL, Mr. MCDERMOTT, Mr. PAS- Commission, transmitting the Commission’s intermediary defense to tort claims based on CRELL, Ms. DEGETTE, Ms. BALDWIN,
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17816 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 12 November 17, 2010
Mr. PAYNE, Mr. SHERMAN, Mr. BERRY, H.R. 4469: Mr. KLINE of Minnesota, Mr. gia, Mr. CONYERS, Mr. CASSIDY, Mr. TANNER, Mr. HOLT, Mr. HEINRICH, Mr. KAN- CARTER, Mr. MCCOTTER, Mr. BONNER, and Ms. Mr. MCGOVERN, Mr. PAYNE, and Ms. MATSUI. JORSKI, Mr. WU, Ms. SHEA-PORTER, GIFFORDS. H. Res. 1476: Mr. WEINER, Mr. MURPHY of and Ms. DELAURO): H.R. 4671: Mrs. CAPITO. Connecticut, and Mr. ENGEL. H. Res. 1724. A resolution commending the H.R. 4722: Mr. FARR and Ms. WASSERMAN H. Res. 1524: Mr. MEEKS of New York. City of Jacksonville, Arkansas, for its out- SCHULTZ. H. Res. 1531: Mr. SIMPSON, Mr. MCCOTTER, standing support in creating a unique and H.R. 4802: Mr. WELCH. Mr. TERRY, Mr. HASTINGS of Florida, Mr. lasting partnership with Little Rock Air H.R. 4806: Mr. BERMAN. ETHERIDGE, Mr. FRANK of Massachusetts, Mr. Force Base, members of the Armed Forces H.R. 4844: Ms. LEE of California. CONAWAY, Mr. KING of Iowa, and Mr. JACKSON H.R. 4958: Mr. DOYLE. stationed there and their families, and the of Illinois. Air Force; to the Committee on Armed Serv- H.R. 5001: Mr. WEINER. H. Res. 1576: Ms. TSONGAS. ices. H.R. 5058: Mr. BONNER and Mr. SESSIONS. H.R. 5111: Mr. STEARNS. H. Res. 1585: Mr. DJOU, Mr. TURNER, and f H.R. 5470: Ms. SUTTON. Mr. PITTS. PRIVATE BILLS AND H.R. 5504: Mr. HASTINGS of Florida. H. Res. 1690: Ms. LEE of California, Mr. RESOLUTIONS H.R. 5510: Mr. KILDEE. GUTIERREZ, Mr. KILDEE, Ms. SUTTON, Ms. H.R. 5527: Mrs. NAPOLITANO. CHU, Mr. MATHESON, Ms. CASTOR of Florida, Under clause 3 of rule XII, H.R. 5533: Ms. ROYBAL-ALLARD and Mr. Mr. DOYLE, Mr. BRADY of Pennsylvania, Mr. Mr. FILNER introduced a bill (H.R. 6424) BUTTERFIELD. BARROW, Ms. LINDA T. SA´ NCHEZ of California, for the relief of Lauli’i Matu’u; which was re- H.R. 5791: Mr. HEINRICH. Mr. MARKEY of Massachusetts, Ms. SCHA- ferred to the Committee on the Judiciary. H.R. 5803: Ms. ZOE LOFGREN of California. KOWSKY, Mr. LIPINSKI, Mr. ROSS, Mr. LOEBSACK, Mr. ELLISON, Mr. FALEOMAVAEGA, f H.R. 5859: Mr. RYAN of Ohio. H.R. 5967: Mrs. LOWEY, Ms. HIRONO, and Ms. Ms. GIFFORDS, Mr. MURPHY of Connecticut, ADDITIONAL SPONSORS NORTON. Mr. SIRES, Ms. RICHARDSON, Ms. CORRINE BROWN of Florida, Ms. CLARKE, Ms. WATSON, Under clause 7 of rule XII, sponsors H.R. 6072: Mr. NADLER of New York. H.R. 6113: Mr. CASSIDY. Mr. BACA, Ms. MOORE of Wisconsin, Mr. were added to public bills and resolu- H.R. 6199: Ms. JACKSON LEE of Texas, Ms. MCDERMOTT, Mr. COHEN, Mr. YARMUTH, Mr. tions as follows: KILPATRICK of Michigan, Mr. RANGEL, Mr. PRICE of North Carolina, Mr. BERMAN, Mr. H.R. 39: Mr. GARAMENDI. CLAY, Ms. LEE of California, Mr. JACKSON of FARR, Mr. TIERNEY, Ms. FUDGE, Mr. CRITZ, H.R. 235: Mr. FATTAH. Illinois, Mr. BISHOP of Georgia, and Mrs. Mr. CARSON of Indiana, Mr. BOREN, Mr. COO- H.R. 678: Ms. HERSETH SANDLIN. CHRISTENSEN. PER, Mr. POLIS of Colorado, Mr. SABLAN, Mrs. H.R. 1193: Mr. WALZ. H.R. 6238: Ms. MARKEY of Colorado. MALONEY, Ms. TSONGAS, Mr. PETERS, Ms. H.R. 1310: Ms. JACKSON LEE of Texas. H.R. 6258: Mr. SABLAN, Ms. LEE of Cali- ESHOO, Ms. KOSMAS, Mr. HINOJOSA, Mr. H.R. 1410: Mr. TOWNS. fornia, Ms. JACKSON LEE of Texas, and Mr. MCNERNEY, Mr. RUSH, Mr. CROWLEY, Mr. WU, H.R. 1521: Mr. CRITZ. CONYERS. Mr. SHERMAN, Mrs. DAVIS of California, Mr. H.R. 1625: Mr. INSLEE. H.R. 6283: Ms. NORTON. LUJA´ N, Mrs. LOWEY, Ms. WASSERMAN H.R. 1693: Mr. HINCHEY. H.J. Res. 97: Mr. BARRETT of South Caro- SCHULTZ, Mr. HOYER, Mr. BUTTERFIELD, Mr. H.R. 1751: Mr. JOHNSON of Georgia. lina. INSLEE, Mr. EDWARDS of Texas, Mr. MICHAUD, H.R. 1884: Ms. BEAN. H. Con. Res. 296: Mr. COHEN. Mr. LARSON of Connecticut, Ms. SLAUGHTER, H.R. 1927: Mr. PAYNE. H. Con. Res. 323: Mr. MORAN of Virginia, and Mr. REYES. H.R. 1948: Mr. HOLT. Mrs. MCCARTHY of New York, Mr. TIBERI, Mr. H. Res. 1704: Ms. TITUS, Mr. DELAHUNT, Mr. H.R. 2103: Mr. HARE. ROTHMAN of New Jersey, and Mr. GRAYSON. ROTHMAN of New Jersey, Mr. CARNAHAN, Mr. H.R. 2625: Mr. WALZ, Mr. GRAYSON, and Mr. H. Con. Res. 327: Ms. JENKINS, and Mr. TIERNEY, Mr. HOLT, Mr. ACKERMAN, Mr. NAD- JOHNSON of Georgia. MARCHANT. LER of New York, Mr. VAN HOLLEN, Ms. PIN- H.R. 2870: Mr. LYNCH. H. Res. 763: Mr. MCCAUL, and Ms. FOXX. GREE of Maine, Ms. MATSUI, Ms. TSONGAS, H.R. 3464: Mr. MILLER of Florida, Mr. H. Res. 767: Mr. COSTELLO. Ms. CASTOR of Florida, Mr. SIRES, Mr. FARR, WAMP, Mr. HARE, and Mrs. CAPITO. H. Res. 840: Mr. WAMP. Ms. LEE of California, Mr. CONNOLLY of Vir- H.R. 3577: Mr. MAFFEI. H. Res. 1431: Mr. DANIEL E. LUNGREN of ginia, Mr. FALEOMAVAEGA, Mr. MEEKS of New H.R. 3697: Mr. MARIO DIAZ-BALART of Flor- California, Mr. CRITZ, Mr. PETRI, and Ms. York, Mr. SHERMAN, Ms. WOOLSEY, Mr. MAR- ida. WOOLSEY. KEY of Massachusetts, Mr. NEAL of Massa- H.R. 3790: Mr. GRAVES of Georgia. H. Res. 1444: Mr. MCDERMOTT, Mr. GORDON chusetts, Mr. CROWLEY, Mr. JONES, Mr. PAUL, H.R. 4371: Mrs. EMERSON. of Tennessee, Mr. STARK, Mr. BISHOP of Geor- Mrs. EMERSON, and Mr. MANZULLO.
VerDate Mar 15 2010 13:30 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR10\H17NO0.001 H17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 17817 EXTENSIONS OF REMARKS
RECOGNITION OF SHIRLEY H. Madam Speaker, Shirley Keenan Dill dedi- Tyngsboro, Westford, Groton, Dunstable and KEENAN DILL cated her life to community activism and her Pepperell as a Massachusetts State Rep- actions have touched the hearts and minds of resentative and Senator. HON. FRANK PALLONE, JR. countless men, women and children. Her leg- Senator Panagiotakos was elected to the OF NEW JERSEY acy has served as an inspiration to us all and Massachusetts State Senate in 1996. Prior to IN THE HOUSE OF REPRESENTATIVES she will be truly missed. that Senator Panagiotakos served two terms Wednesday, November 17, 2010 f in the Massachusetts House of Representa- tives and two terms as a member of the Low- Mr. PALLONE. Madam Speaker, I rise today JUDGE SAMAC RICHARDSON ell School Committee. Rising through the to commemorate the life of Mrs. Shirley Keen- ranks to become Chairman of the Senate an Dill. Mrs. Dill, an active member of her HON. GREGG HARPER Committee on Ways and Means, Senator community, passed away on January 16, 2010 OF MISSISSIPPI Panagiotakos was charged with the oversight at the age of 81. She was a model citizen and IN THE HOUSE OF REPRESENTATIVES to develop and guide the Commonwealth’s adored by her colleagues. Her faithful dedica- budget through one of the worst fiscal crises tion and commitment toward others is unques- Wednesday, November 17, 2010 since the Great Depression. tionably worthy of this body’s recognition. Mr. HARPER. Madam Speaker, I rise today Senator Panagiotakos has exhibited a life- Mrs. Dill was a lifelong resident of the Parlin in recognition of Judge Samac Richardson for section of Sayreville, New Jersey. She was long commitment to the City of Lowell and the his exceptional public service career in my communities he represents. Known for his predeceased by her three sisters, Claire home state of Mississippi. Glinsky, Evelyn Szarvas and Joan Dooling leadership style of compromise with Demo- Judge Richardson currently lives in Bran- crats and Republicans, he was able to help and by two brothers, George and William don, Mississippi in the Third Congressional Keenan. Surviving are her husband Homer Dill secure funding for local projects such as the District, where his reputation for fair and just Hamilton Canal District, the Emerging Tech- and daughter and son-in-law Sandi and judgment led to a post as Circuit Judge for Wayne Krainski. She also had three grand- nology Center at the University of Massachu- Mississippi’s 20th Judicial District in Madison children and three great-grandchildren. Mrs. setts Lowell, the redevelopment of the Law- and Rankin Counties. Mississippi’s Circuit Dill attended Our Lady of Victories School and rence Mills and the Julian D. Steele public Court serves 22 districts with 49 judges, trying is an alumna of Sayreville War Memorial High housing project. both felony criminal cases and civil actions. School. Proud to represent her Irish heritage, Senator Panagiotakos and his wife, Chris- Mrs. Dill was recognized for her role as the Prior to his thirteen years of elected service tine, along with their two daughters, Giana and Welcome Home Queen in 1946 following on the Circuit Court, Judge Richardson spent Alexandria, live in the Highlands neighborhood World War II. five years as Rankin County Court Judge, six in Lowell, just two streets over from his child- Mrs. Shirley Kennan Dill has an exceptional years as Assistant District Attorney, five years hood home. As Senator Panagiotakos said it record of community service. Mrs. Dill served as a public defender, five years as Rankin best, ‘‘The thing that made me the most proud as President of the Sayreville Lady Dems for County School Board hearing officer and three was not being called ‘Senator’ or ‘Mr. Chair- eighteen years. Throughout her life, she also years as Pearl, Mississippi City Attorney. man,’ but when they said ‘Steve worked on numerous political campaigns, Judge Richardson’s conservative interpreta- Panagiotakos, from Lowell.’’’ most notably that of former Governor Jim tion of the Mississippi Constitution is without Upon his retirement, I wish to thank him for McGreevey. She was best known for making doubt a reflection of his Mississippi upbringing. his friendship, recognize him for his unyielding the campaigning process fun and organized He received his Juris Doctorate in 1975 from leadership in the Massachusetts Senate, and unique events such as pep rallies and pa- the former Jackson School of Law, now Mis- congratulate him for his distinguished career. rades. Similarly, she also led the Democrats to sissippi College School of Law, completed his organize multiple volunteer efforts, many of undergraduate studies in Accounting at Mis- f sissippi State University, attended courses at which benefited terminally ill children. Mrs. Dill IN HONOR OF THE NAVAL SUR- was also involved with the Sayreville Historical East Central Community College and grad- FACE WARFARE CENTER, Society, Sayreville Senior Citizens Thursday uated from Philadelphia High School in 1965. CARDEROCK DIVISION—SHIP Club, Middlesex County Federation of Demo- Additionally, Judge Richardson is a 1993 grad- SYSTEM ENGINEERING STATION cratic Women and the New Jersey State Fed- uate of the National Judicial College. (NSWCCD-SSES) PHILADELPHIA eration of Democratic Women. Mrs. Dill was Judge Samac Richardson will retire from the best known for her wit and standing up for bench in December leaving behind a legacy of what she believed in. She is remembered as impartiality. Judge Richardson has dedicated HON. JOE SESTAK an individual who poured her heart and soul his life to a career of public service and for OF PENNSYLVANIA into the community and was best known for this, Madam Speaker, this Member of Con- IN THE HOUSE OF REPRESENTATIVES advocating on behalf of the people of gress thanks him. Wednesday, November 17, 2010 Sayreville. Her persistence served as motiva- f tion to other women interested in pursuing po- Mr. SESTAK. Madam Speaker, I rise to rec- litical opportunities. Mrs. Dill’s hard work has HONORING SENATOR STEVEN C. ognize the 100th Anniversary of the Naval undoubtedly touched many lives and has PANAGIOTAKOS Surface Warfare Center, Carderock Division— helped countless people throughout central Ship System Engineering Station, NSWCCD– New Jersey. HON. NIKI TSONGAS SSES, at the Philadelphia Naval Business As a result of her exceptional work, Mrs. Dill OF MASSACHUSETTS Center. Since 1910, when Secretary of the was the recipient of the Peg Roberts Award IN THE HOUSE OF REPRESENTATIVES Navy Beekman Winthrop authorized the first from the New Jersey Federation of Democratic funding be directed to what is now the Ship Women. This award is presented to an indi- Wednesday, November 17, 2010 Systems Engineering Station, SSES, that or- vidual who promotes the Democratic Party Ms. TSONGAS. Madam Speaker, I rise ganization has served our community, Navy and is involved with government and volun- today to honor Senator Steven C. and nation with great distinction. teering. Mrs. Dill was the first woman from Panagiotakos from the Fifth District of Massa- Today, SSES executes a budget of over Middlesex County to be bestowed with this chusetts for his exemplary service to the citi- $380 million and employs 1,600 engineers, honor. zens of the City of Lowell and the towns of scientists, technicians and support personnel.
● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17818 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 November 17, 2010 That workforce reflects the hard working, in- IN HONOR OF TIM SMITH AND ers argued that it would be fraught with prob- dustrious nature of dedicated patriotic Ameri- ALAN COLE lems or high costs, Warren disputed this as- cans throughout the Delaware Valley. The re- sertion through detailed—some would argue sults of their labor are a stronger nation and HON. MICHAEL N. CASTLE painfully explicit—discussions of the inner safer world. With the singular purpose of OF DELAWARE workings of modern voting. Warren’s bottom sending USN Bluejackets to sea with the best IN THE HOUSE OF REPRESENTATIVES line is always the same: The right of people to possible equipment, this proud organization, Wednesday, November 17, 2010 govern must always be supported by secure under the leadership of Rear Admiral Jim Mr. CASTLE. Madam Speaker, it is with voting systems that make it easier to express Shannon, Captain Alexander Desroches and the will of the people. Patricia Woody maintains a covenant between great pleasure that I rise today to recognize our citizens and Sailors. It guarantees that our two innovative Delaware entrepreneurs, Tim Madam Speaker, in an era when no one un- Smith and Alan Cole, of Delmarva Digital, a Navy will always be better designed, built and derstood butterfly ballots or chads, Warren leading web application software company maintained than any other in the world. In con- Slocum promoted the sound use of computer- based in Laurel, Delaware and serving the flicts for a century, our Navy has sailed into ized equipment, and he also did something in- Mid-Atlantic Region. harms way with a quantitative advantage in novative—he hired high school workers to The son of a United States Air Force vet- help run the voting machines. My staff re- readiness that is the result of those talented, eran and a public school teacher, Tim Smith ported a sharp contrast between a computer- dedicated professionals of SSES Philadelphia is the definition of success. Tim is co-founder and their 54,000 colleagues of the Naval Sea and Chief Executive Officer of Delmarva Dig- ized polling place in Orange County and one Systems Command, NAVSEA, located in 34 ital. But Tim Smith is more than just success- in San Mateo. In Orange County, one of the cities across the United States and Asia. To- ful in business; he is also a devoted husband baby boomer voters kicked the electric plug gether they help fulfill the vision of General and a pillar in his community, contributing his out of the socket at 7 p.m. on election night George Washington, who wrote to Marquis De time to charitable causes including traveling to and a dozen computerized voting machines Lafayette nearly two hundred thirty years ago, developing countries to teach aspiring entre- crashed. The result? 100 baby boomers ‘‘It follows that as certain as the night suc- preneurs how to achieve their dreams. scratching out their ballots on paper because ceeds the day that without a decisive naval Alan Cole is the son of a State Police officer the baby boomer poll workers couldn’t get the force we can do nothing definitive, and with it and a professor at Delaware Technical and machines up and running again. In San Mateo everything honorable and glorious.’’ Community College. He is a highly decorated County, by contrast, the teenagers hired by combat veteran having served in Operation As NAVSEA and NSWCCD-SSES work Warren Slocum would simply roll their eyes Desert Shield and Desert Storm. As a Military with that, ’What will our parents do next?’ look, today to support our naval forces in two con- Intelligence Officer with the National Security and then reboot the computers. Madam flicts, it is my honor to join all the good citi- Administration, Alan held the highest security zens of the 7th Congressional District of Penn- clearance that exists. Alan is a founder and Speaker, sometimes the old lead the young by sylvania and Americans throughout this great Chief Technology Officer of Delmarva Digital, example, but in the world of Warren, the savvy nation in recognizing their 100 years of excel- where he is the lead software and systems ar- lead us all in pursuit of a better democracy, lence in naval engineering and wish them an- chitect, network and security expert, and the whether the savvy are old or young. other century of continued success in every manager of operations. Warren Slocum is also the co-founder of the endeavor. I am proud to join the Laurel Chamber of Smart Voter Project, a revolutionary website Commerce in recognizing exceptional Dela- that was the first to offer personalized election f ware entrepreneurs like Tim Smith and Alan information based on a voter’s address. He Cole. I thank them for their hard work in busi- created efficiencies in the valuation of property HONORING JAMES GREEN ness and for their dedication to their commu- nity. in his role as the county’s tax assessor. He actively reduced the assessments of homes f HON. SAM GRAVES when values fell during times of economic IN RECOGNITION OF WARREN hardship, and he found highly competent per- OF MISSOURI SLOCUM sonnel to value newly-purchased property and IN THE HOUSE OF REPRESENTATIVES improvements of property in a timely manner. Wednesday, November 17, 2010 HON. JACKIE SPEIER The result? Property tax assessments in San OF CALIFORNIA Mateo County are fair and governments re- Mr. GRAVES of Missouri. Madam Speaker, IN THE HOUSE OF REPRESENTATIVES ceive a reliable stream of revenue for essen- I proudly pause to recognize James Green. Wednesday, November 17, 2010 tial services. James is a very special young man who has Ms. SPEIER. Madam Speaker, I rise to Warren Slocum celebrated the right of all exemplified the finest qualities of citizenship honor Warren Slocum for his 23 exceptional adults to marry, and was a leader in ensuring and leadership by taking an active part in the years of public service to the residents of San that the courthouse door was open for those Boy Scouts of America, Troop 38, and earning Mateo County. who wished to formalize their relationships. In the most prestigious award of Eagle Scout. Warren has demonstrated a commitment to San Mateo County, we proudly welcome into James has been very active with his troop, serving the public’s interest ever since he took our hearts all those who Warren’s office wel- participating in many scout activities. Over the office in 1987. He is a graduate of San Diego comed into its lobby. many years James has been involved with State University, and has studied at both Har- scouting, he has not only earned numerous vard and Stanford Universities. Throughout his During his tenure, Warren’s office has been merit badges, but also the respect of his fam- career, he has remained deeply committed to called the ‘‘Office of the People,’’ and rightly ily, peers, and community. Most notably, enhancing democracy through streamlining so. His career of excellence in public service James contributed to his community through and bringing greater efficiency to the way peo- has been a living tribute to the mission of de- his Eagle Scout project. James planned and ple vote. He conducted California’s first Poll livering smart, efficient, and accessible gov- constructed a picnic shelter for visitors and Worker Academy, its first Internet Voting Dem- ernment to the people of California. onstration Project, and founded the California staff at the Saint Joseph Fire Museum in Saint Madam Speaker, Warren Slocum is a re- Trial Court Training Institute at Stanford Uni- Joseph, Missouri. versity. markable Californian: he’s a husband, a fa- Madam Speaker, I proudly ask you to join Madam Speaker, Warren Slocum is that rar- ther, a veteran, an innovator, and a devoted me in commending James Green for his ac- est of all public officials—a policy wonk and public servant. It is indeed fitting that he re- complishments with the Boy Scouts of Amer- green eyeshade administrator with a delightful ceives special recognition for his retirement as ica and for his efforts put forth in achieving the personality. For example, he was passionate the Chief Elections Officer & Assessor-County highest distinction of Eagle Scout. about helping people vote by mail. When oth- Clerk-Recorder on November 18, 2010.
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 17819 GENE ROSSI REMEMBERED Warren Area Chamber of Commerce and was Campbell also formed and spearheaded the recipient of its Distinguished Citizen award. In San Diego North Economic Development HON. TIM RYAN 2001, he was named president of the Council (EDC) where he served for three OF OHIO Mahoning Valley Economic Development years. IN THE HOUSE OF REPRESENTATIVES Corp. and was recipient of its Person of the In 2002 Mr. Campbell became a Vista City Year award. In 2006, he was an inductee into Councilmember. In this position Councilman Wednesday, November 17, 2010 the Warren Harding Distinguished Hall of Campbell fought for the construction of the Mr. RYAN of Ohio. Madam Speaker, I rise Fame. Gene also served as a trustee for the new Vista Civic Center and two new fire sta- today in recognition Gene Rossi. A long-time St. Joseph Development Foundation, YSU tions. Councilman Campbell also worked tire- personal friend, a model citizen and a beloved Foundation and CSC, Copperweld, Scholar- lessly with Mayor Morris Vance and the City father, grandfather, and great-grandfather, Mr. ship Foundation. Council to lead the initiative in converting Vista Rossi will be truly missed by the many people On August 17, 2010, at the age of 84, Gene into a Charter City to gain maximum local au- whose lives he has touched. Born on May 12 Rossi passed away from complications of thority. 1926, Mr. Rossi was part of our greatest gen- prostate cancer. He is survived and sorely Councilman Campbell has remained an ac- eration and his life story embodies that to the missed by the family he devoted so much of tive community leader having participated on fullest. Gene’s accomplishments began early, his life to, his wife of over sixty years, Ginny; the Board of Directors for the Vista Chamber notably at Warren G. Harding High School their four sons and daughters-in-law, Michael of Commerce, the Vista Boys’ Club, the Vista where he was the senior class president and and Rosanne, E. Jeffrey and Carol, Dennis Rotary Club, the Economic Development As- captain of the basketball team, an All-Ohio se- and Luann, and Gregory and Leslie, all of sociation, the Boy Scouts of America and the lection that year. Warren; 13 grandchildren; six great-grand- Vista YMCA. It was not long after Gene was leading his children; sisters, Mary Louise Rose and Elaine I offer Councilman Campbell my congratula- high school basketball team that he was fight- Wallace; and brother, Anthony G. (Marilyn) tions and may he enjoy a rewarding retirement ing for our freedom as an Army soldier in the Rossi. with his family. Battle of the Bulge. Returning after the conclu- It is hard to sum up the life of a man like Madam Speaker, I ask you to please join sion of World War II, Gene received an honor- Gene Rossi—a man who truly lived the Amer- me in honoring Councilman Bob Campbell and able discharge from the U.S. Army and re- ican dream. He bore the hardships of the his 20 years of admirable public service to the turned to Warren, Ohio where, throughout the Great Depression, fought in one of the dead- City of Vista. 1940s, he worked as a timekeeper for Mullins liest battles in American history, and returned f Manufacturing, played semi-pro basketball home to spend a lifetime of devotion building IN HONOR AND RECOGNITION OF with the Warren Coaches and later graduated a wonderful family and a successful business THE POLONIA FOUNDATION OF from Youngstown College with a B.S. degree all while being a man of faith and a pillar in OHIO, INC. AND THE ANNUAL PU- in business administration. his community. Madam Speaker I want to LASKI DAY OBSERVANCE It was 62 years ago this September that thank Gene Rossi, for his service to his coun- Gene and his wife, Ginny, were married in try abroad, his service to his community at HON. DENNIS J. KUCINICH 1948. home, and for his dear friendship. A veteran of war, a college graduate, and a OF OHIO f IN THE HOUSE OF REPRESENTATIVES newlywed, Gene in 1950 founded Warren’s Rossi Insurance Agency, from which he never RECOGNIZING COUNCILMEMBER Wednesday, November 17, 2010 retired. His accomplishments in the insurance BOB CAMPBELL ON THE OCCA- Mr. KUCINICH. Madam Speaker, I rise business included those of trustee of the Inde- SION OF HIS RETIREMENT FROM today in honor and recognition of the Polonia pendent Insurance Agents of Ohio and presi- THE VISTA CITY COUNCIL Foundation of Ohio as they unite the commu- dent of the Trumbull County Independent In- nity in remembrance and celebration of Gen- surance Agents. His membership in the Trum- HON. DARRELL E. ISSA eral Casimir Pulaski, for his legacy of courage bull County Association of Life Underwriters OF CALIFORNIA and selfless dedication to the people of Po- included more than 50 years of service as a IN THE HOUSE OF REPRESENTATIVES land and the people of the United States of respected agent of the Equitable Life Assur- Wednesday, November 17, 2010 America. ance Society. Born on March 4, 1747 in Warzka, Poland, Gene loved sports—baseball, basketball, Mr. ISSA. Madam Speaker, I rise today to General Pulaski achieved great military suc- football, tennis and golf. It is in sports where recognize the public service of Councilman cess in Poland with his focused leadership he distinguished himself as a 1992 inductee Bob Campbell on the occasion of his retire- and brilliant strategies in fighting the Russian into and trustee of the Warren Sports Hall of ment from the City of Vista. I commend Coun- domination of Poland. By 1777, General Pu- Fame. In 1999, he received the Man of the cilman Campbell’s distinguished career and laski had become one of the most renowned Year Award from the Mahoning Valley Chapter offer my thanks for his more than 20 years of cavalrymen in Europe. While in Paris that of the National Italian-American Sports Hall of dedicated public service to the City of Vista. year, he was actively recruited by Benjamin Fame. As a native Californian, Mr. Campbell re- Franklin to assist in the American quest for lib- Gene’s membership in local clubs and orga- ceived an undergraduate degree from Stan- eration. nizations included BOE Lodge 295, American ford University and a graduate degree from Sympathetic to the American cause, Gen- Legion Post 278, VFW Post 1090, Knights of the Graduate School of Business Administra- eral Pulaski sailed to America and was made Columbus 620, where he was past Grand tion at the University of Washington. He also head of the newly formed American cavalry Knight, Buckeye Club, Trumbull Country Club served eight distinguished years in the U.S. during the Revolutionary War. General Pulas- and Notre Dame Subway Alumni. Coast Guard and Coast Guard Reserve. ki’s deep level of commitment to the American A member of Blessed Sacrament Parish, Prior to joining the City of Vista, Mr. Camp- cause was framed by energy and style. He re- Gene’s faith was paramount. For his devoted bell worked with newspaper publishers for six- portedly wore a plumed hat, flashing saber, participation, he received the honor Cross Pro- teen years before starting his own computer and an elaborate uniform, and spent his own Ecclesia Et Pontiface (Cross for the Church systems consulting firm, Buena Vista Services, money to feed and equip his troops. General and Pontiff) in 2000, served on the Youngs- Inc., in 1980. It was in 1985 that Mr. Campbell Pulaski was involved in many significant bat- town Diocese Financial Advisory Board and began serving as Chairman of a city panel. tles during the Revolution. His ultimate stand was a member of the Board of Trustees of the Under Councilman Campbell’s leadership, the took place in Savannah, Georgia in October Oblate Sisters of the Sacred Heart. panel’s redevelopment plan was successfully 1779, where he led a valiant charge against A man who could have hung his hat up time approved by voters in 1987. British artillery. General Pulaski was shot and and time again after service to his country, As Vista’s Economic Development Director died a few days later. family, and community, Gene never stopped for nearly 10 years, Councilman Campbell’s Madam Speaker and colleagues, please join giving back. Gene loved and served his com- leadership resulted in the attraction of more me in honor and remembrance of General munity and was noted numerous times for his than 500 firms and commercial and retail Casimir Pulaski, who made the ultimate sac- efforts. In 1986, he served as president of the projects to the City. In 1998, Councilman rifice in his valiant fight to secure the ideals of
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17820 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 November 17, 2010 the American Revolution. An American hero, and helper to hundreds of those who have New Jersey as they celebrate their 50th anni- General Pulaski’s life and legacy serves as a been and are leaders of the GOP and the con- versary. Ranney School continues to promote significant reminder of the vital contributions servative movement in the state, fulfilling academic excellence and encourages a well- Ronald Reagan’s observation that there is no and great achievements by Polish immigrants limit to what could be accomplished if you rounded education, as well as the develop- within our Cleveland community, and through- don’t care who gets the credit. ment of the student’s intellectual, personal, out America. creative and moral promise. f f Ranney School founder, Mr. Russel G. ON THE OCCASION OF THE REPUB- Ranney’s visions have remained the founda- REMEMBERING JOHN KURZWEIL LIC OF TURKEY’S 87TH ANNIVER- tion for the school’s small class sizes, cur- SARY riculum choices, student life activities and HON. TOM McCLINTOCK campus building expansion. Twelve years OF CALIFORNIA HON. STEVE COHEN after opening the Rumson Reading Institute, IN THE HOUSE OF REPRESENTATIVES OF TENNESSEE Ranney School was founded with seven stu- dents and three full-time teachers. College Wednesday, November 17, 2010 IN THE HOUSE OF REPRESENTATIVES Wednesday, November 17, 2010 preparation was the main focus of the cur- Mr. MCCLINTOCK. Madam Speaker, I rise riculum. By 1963, Ranney School’s increasing today to remember the life of John Kurzweil, Mr. COHEN. Madam Speaker, on October student body created the need for an Upper whose passing is a great loss for California 29, 2010—while this House was in recess— and Middle School, located at Trinity Epis- and our country. I can only hope that his pas- the Republic of Turkey celebrated Republic copal Church in Asbury Park, New Jersey. In sion and love for his family, his country and Day, and observed the 87th anniversary of its 1965, Ranney School proudly conferred diplo- life in general will endure among the countless founding. As a co-chair of the Congressional mas on the first class of graduates, which also lives he touched. It was my privilege to know Caucus on Turkey and Turkish Americans, I included Ranney School’s first National Merit him, my joy to work with him, and today it is take this opportunity to belatedly congratulate finalist. Ranney School soon moved to its cur- my honor to celebrate his life. our Turkish friends and recognize the long- rent location on Hope Road in Tinton Falls, John’s longtime friend and colleague Bill standing friendship between the United States New Jersey. Renovations at the new location Saracino offered a moving tribute in John’s and the Republic of Turkey. included work on the Annex, formerly utilized memory: For over fifty years, Turkey has stood shoul- as a horse barn, and included the addition of der-to-shoulder with the United States, making JOHN KURZWEIL: THE PASSING OF A PATRIOT the Searle Library and a science lab. A multi- significant contributions to the peace, security, (By William Saracino) purpose lunchroom, study hall and play area and prosperity of both its immediate neighbor- were built to further develop the theater arts America lost a true patriot and conserv- hood and the wider world. An ally in the global atism lost a fierce warrior and leader on No- program and accommodate the 375 enrolled vember 9th with the passing of John struggle against Communism during the Cold students and 41 teachers. In 1974, Ranney Kurzweil. War, Turkey has and continues to contribute a School became accredited by the New Jersey While known to most as the publisher and great deal to our efforts in Iraq and Afghani- Association of Independent Schools and Na- editor of the California Political Review stan as we act to secure those countries and tional Association of Independent Schools. Be- magazine, John’s political involvement dates give them the tools to chart their own courses tween 1975 and 1979, the facility, currently to the 1970s and Ronald Reagan. and become constructive members of the known as the Gerhard Pavilion for Athletics, Having just graduated from California community of nations. State University Humboldt, John was ap- was constructed to provide a recreation center Turkey’s international contributions reflect for students. Enrollment soon reached an im- palled at the state of the country and the na- the visions of its founder, Mustafa Kemal tional Republican Party in 1974–75. Deciding pressive 549 students and plans for a full- to do something about it, he walked in an of- Ataturk, of a vibrant secular democracy. In service summer camp, to begin the summer of fice of Young Americans for Freedom, volun- times of great change and uncertainty, while 1979, were later announced. teered to help, and worked the rest of his life there may be questions or differences of opin- In April 1987, Mr. Ranney passed away, advancing conservative ideas and strength- ion about the threats we face, this should be leaving behind a firmly established and well ening the conservative movement. seen as the actions of a mature ally. I do not respected institution. The Commons Building, John worked in both the 1976 and 1980 believe that anyone can question Turkey’s Reagan for President campaigns, as a media which completed its construction on April 10, commitment to easing tensions, resolving 1987, served as a fitting tribute to Mr. writer and spokesman and grassroots college some of the key issues of our time, and its organizer both in California and around the Ranney’s life and work as an innovating edu- country. His work in 1976 took him to North friendship with the United States. cator and visionary. Margaret Mahon suc- Carolina, where he became a favorite of Sen- As new members of the Congressional Cau- ceeded Mr. Ranney and served as Head of ator Jesse Helms. John returned to the Tar cus on Turkey and Turkish Americans have School until 1993. During her tenure, Ranney Heel state in 1978 to help in Helms’ first re- come to discover, Turkish Americans are also School achieved a number of ‘‘firsts,’’ includ- election campaign. playing an important role in strengthening the ing the establishment of the Ranney School 1980 also started John’s association with bonds between our two countries. Turkish Parents Association. State Senator H.L Richardson, who made Americans come from all backgrounds and John the Press Director for the Law and In 1993, Dr. Lawrence S. Sykoff assumed and make important contributions to all sectors the position and currently presides as Head of Order Campaign Committee (LOCC). The of our society. Additionally, they are partici- Committee concentrated on publicizing and School. Dr. Sykoff’s vision has been to create campaigning against the ‘‘soft on crime’’ pating in greater numbers in the social, polit- an environment for every student to include a philosophy that permeated California’s judi- ical, and economic aspects of our national life. wide range of educational opportunities. The ciary at the time. I welcome this engagement, and know that it launch of the Foundations for Learning cam- Before serving a stint as the Communica- enriches us as a people. paign further confirmed Dr. Sykoff’s commit- tions Director for the California Republican Again, my congratulations to Turkey and all ment to the future development and enhance- Party, John also was the Editor of Policy Di- of its friends in this country on the observance ment of Ranney School. Academic programs gest for the Heritage Foundation and Senior of another Republic Day. Editor for the National Catholic Register. have expanded while an infusion of traditions It was then that he formed the California f and ceremonies have been brought forward to Public Policy Foundation and started pub- RECOGNIZING RANNEY SCHOOL’S further enhance the Ranney School cur- lishing the California Political Review. The 50TH ANNIVERSARY riculum. Relationships with the Parents Asso- magazine has just celebrated its 20th anni- ciation and alumni have also helped to expand versary of providing Republicans and con- HON. FRANK PALLONE, JR. and provide a community building, family inter- servatives in California with their only action and school pride. Today, Ranney state-based source of news, opinion, practical OF NEW JERSEY politics and humor. The magazine became a IN THE HOUSE OF REPRESENTATIVES School is home to 800 students in three divi- sions, which range from beginners through staple in the Capitol and anywhere in Cali- Wednesday, November 17, 2010 fornia where politics was the topic. grade 12. Perhaps more important than any of the Mr. PALLONE. Madam Speaker, I rise today Madam Speaker, please join me in con- above, John was a faithful friend, mentor to congratulate Ranney School in Tinton Falls, gratulating Ranney School as the students,
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 17821 faculty and staff celebrate its 50th anniversary. ily, peers, and community. Most notably, RECOGNITION OF MOUNT OLIVE Ranney School has provided many years of Jacob has earned the rank of Senior Patrol BAPTIST CHURCH unyielding commitment to academic achieve- Leader in his troop and the World Conserva- ment and is a tremendously valued academic tion Award. Jacob also has contributed to his institution. community through his Eagle Scout project. HON. FRANK PALLONE, JR. f Jacob planted flowering shrubs above a re- OF NEW JERSEY taining wall and installed a park bench at IN THE HOUSE OF REPRESENTATIVES HONORING MRS. JOYCE MADELINE Benner Park in Weston, Missouri. BUTLER Madam Speaker, I proudly ask you to join Wednesday, November 17, 2010 me in commending Jacob R. Cogan for his ac- HON. GARY G. MILLER complishments with the Boy Scouts of Amer- Mr. PALLONE. Madam Speaker, I rise today OF CALIFORNIA ica and for his efforts put forth in achieving the to recognize the accomplishments of The Mount Olive Baptist Church in Plainfield, New IN THE HOUSE OF REPRESENTATIVES highest distinction of Eagle Scout. f Jersey, and to commemorate their 140 years Wednesday, November 17, 2010 of service to their community. Throughout the Mr. GARY G. MILLER of California. Madam IN HONOR AND RECOGNITION OF organization’s rich history, Mouth Olive Baptist Speaker, I rise to honor Mrs. Joyce Madeline JULIA JOZEPHA HADAM KUSEK Church continues to perform admirably in the Butler, a 40-year Southern California resident areas of home and foreign missions, edu- and a beacon of service to her community. HON. DENNIS J. KUCINICH cation and religion. I applaud The Mount Olive Mrs. Butler was born July 22, 1943 right OF OHIO Baptist Church and its worshipers, as their here in Washington, DC. IN THE HOUSE OF REPRESENTATIVES achievements and dedication should serve as After spending her childhood in DC, Mrs. Wednesday, November 17, 2010 an inspiration to us all. Butler moved to Hemet, CA. In the late 1960s Mr. KUCINICH. Madam Speaker, I rise In 1870, Mount Olive Baptist Church was she met her husband George, and they were today in honor of Julia Jozepha Hadam formed based upon the desire by Plainfield married in 1968. When they arrived in Chino Kusek, lifelong resident of Cleveland’s historic residents interested in expressing their indi- Hills, California years later they raised a vari- Tremont neighborhood, as we join with her in vidual freedom of religion and creating their ety of animals including rabbits, pigs, cows, celebration of her 96th birthday. Mrs. Kusek own house of worship. Mount Olive Baptist and chickens. Mrs. Butler joined the Future was born on October 2, 1914 to Polish immi- Church began as a scion of the First Baptist Farmers of America shortly after cementing grant parents. Three years earlier, in 1911, Church of Plainfield and remained a mission her love of animals. her mother, Jozepha and father, Ignatz, made until Reverend Mitchell’s pastorate. During In 1995, Mrs. Butler suffered a heart attack the long journey across the Atlantic, far from Reverend John Mitchell’s tenure, he laid the and was given a five-way bypass procedure in their Polish homeland, and settled in Cleve- foundation for an independent and self-sup- January of 1996. After her recovery, she con- land, Ohio, like thousands of immigrants did— porting church. Along with structural remod- tinued to serve her family and was actively in- with the common dream and hope for a better eling, the goals set forth by Reverend Mitchell volved in her community of Chino Hills. life in America. saw completion. These actions laid the foun- In 2002, Mrs. Butler took part in the forma- They raised Julia and her two younger sib- dation for the church’s future success. tion of the Los Serranos Neighborhood Group, lings with an unwavering connection to, and During the next few years, Mount Olive Bap- and in 2005 founded the Support Our Area abiding love for, the culture, language and tra- tist Church continued to build and grow both Residents, SOAR, a group formed to provide ditions of their beloved Polish homeland. By structurally and spiritually. By 1963, further area residents with home repairs and yard the time she was in the 8th grade, the Great embellishments were added to the structure of maintenance. She was recognized as a Chino Depression had severely devastated most Mount Olive Baptist Church and spiritual ties Hills Citizen of the Year in 2007, and in her communities across the country, including throughout the community continued to grow final years volunteered for Friends of the Li- Cleveland. With her family struggling to sur- stronger. June 2000 led the way for the devel- brary and Habitat for Humanity. vive, Mrs. Kusek had to quit school in the 8th opment of the Fellowship Hall and classrooms. Mrs. Butler was diagnosed with lung cancer grade to go to work to help provide for the Upon its completion in 2002, a new area of in 2008, and was called home to the Lord on family. Her lifelong love of fashion, along with worship became available for students and November 9, 2010 at the age of 67 at her her determined spirit, led her to work while worshipers to learn and practice. The organi- home in Chino Hills. She was surrounded by taking classes and later graduate from the zation has also led the way for the creation of friends and family who maintain she was as Darvis School of Fashion and Design, where three other Baptist Churches in the city of comfortable as could be possible. she graduated with honors. She designed and Plainfield: Shiloh, Calvary and Community Madam Speaker, I respectfully ask that this made beautiful clothes for her family; her tal- Baptist Church. The Mount Olive Baptist Congress join me in honoring the life of Mrs. ent reflected in her daughters’ dresses, worn Church continues to make a great contribution Joyce Butler for her years of selfless service at school events, holidays and special occa- by teaching its worshipers that religion is prac- to her community. sions. ticed, lived and displayed in everyday life. f Mrs. Kusek married Stanley Kusek on June 24, 1939. They were devoted to each other Currently under the leadership of Reverend HONORING JACOB R. COGAN until his passing in 1985. Together, they Donald DeWitt Nicholas, Sr., Mount Olive Bap- raised three children: Thaddeus, Diane and tist Church and its leadership have worked HON. SAM GRAVES Carol. Ahead of her time, she worked in May diligently to ensure that persons joining the church become engaged members. During his OF MISSOURI Company’s toy department while raising her tenure, Reverend Nichols has seen a tremen- IN THE HOUSE OF REPRESENTATIVES children and was a loyal employee for forty years. Beyond her family and career, she dous urgency in addressing the problems fac- Wednesday, November 17, 2010 made time to volunteer at St. John Cantius ing the Plainfield community. Through acts of Mr. GRAVES of Missouri. Madam Speaker, rectory, school and convent, and cooked for volunteerism, the Liberty CDC group was I proudly pause to recognize Jacob R. Cogan. every special event. Her family, faith and Pol- formed. Its mission is to partner with other Jacob is a very special young man who has ish heritage continue to be the foundation of community organizations to improve the qual- exemplified the finest qualities of citizenship her life she remains very close to her children, ity of life and to promote the social and eco- and leadership by taking an active part in the eight grandchildren and eight great-grand- nomic welfare of the citizens within Plainfield. Boy Scouts of America, Troop 249, and earn- children. Madam Speaker, please join me in leading ing the most prestigious award of Eagle Scout. Madam Speaker and colleagues, please join this body in acknowledging The Mount Olive Jacob has been very active with his troop, me in honor and celebration of Julia Jozepha Baptist Church and their 140 years of service. participating in many scout activities. Over the Hadam Kusek of the Tremont neighborhood in Their contributions to civic life as well as chari- many years Jacob has been involved with Cleveland, as we celebrate her 96th birthday. table and religious organizations make them a scouting, he has not only earned numerous Her kindness and joy for living continues to be tremendously valued organization in my dis- merit badges, but also the respect of his fam- a shining example for all of us to follow. trict and the State of New Jersey.
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17822 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 November 17, 2010 HONORING MARIE HIBLER H. RES. 1631 WILL HARM REUNIFI- friends remain in the District. I offer my sin- CATION EFFORTS IN CYPRUS cere condolences for their loss and thank them for allowing Dave to share his profound HON. ZOE LOFGREN gifts with all of us. The public lost an astound- OF CALIFORNIA HON. BILL DELAHUNT OF MASSACHUSETTS ing sportscaster on November 10, Madam IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Speaker, but his family lost a remarkable Wednesday, November 17, 2010 friend. I wish them all the best in the future. Wednesday, November 17, 2010 After word of Dave’s death reached the pub- Ms. ZOE LOFGREN of California. Madam Mr. DELAHUNT. Madam Speaker, I am lic, Madam Speaker, a Seattle sportswriter Speaker, I rise to recognize the contributions concerned that the voice vote passage of H. wrote this: ‘‘The pleasure of listening to him on made by Marie Hibler to the thousands of fam- Res. 1631, on September 28, 2010, ‘‘Calling a stormy day in April or one of those long, ilies who have children with mental illness. for the protection of religious sites and arti- lush nights in July always has felt like an in- More than 35 years ago, the Hibler family facts from and in Turkish-occupied areas of alienable right of being a sports fan in Seattle found themselves with a new challenge. Roger northern Cyprus as well as for general respect . . . What a voice!’’ I can attest to the power Hibler, their son, had experienced a very pub- for religious freedom,’’ may be detrimental to of his voice. My family, friends, and staff can lic schizophrenic event. The family knew noth- efforts at reunification of Cyprus. as well. We all welcomed him into our homes ing about mental illness. They did not know While the Cyprus dispute is between Greek on summer evenings like a member of the where to turn. As Marie once noted, at the Cypriots and Turkish Cypriots, it has com- family. The talent he possessed was both en- time she had to go to the dictionary to find out manded the attention of other countries for viable and cherished, Madam Speaker. When what schizophrenia was. decades. In that time, negotiations over Cy- the Seattle Mariners take the field on Opening At that time, serious mental illness, particu- prus have involved not only the Cypriot com- Day next year, every individual on and off the larly schizophrenia, were viewed with igno- munities, but also Turkey, Greece, the United field will be thinking of Dave. rance, shame and guilt by the public. Those Kingdom, the United States, the United Na- The Seattle Mariners have played 5,385 afflicted and their families suffered from the tions, and the European Union. The impasse games since they became a franchise in 1977. same attitudes. Parents and family were often over Cyprus has had a number of implications, Dave Niehaus called 5,284 of those games, viewed as the cause of their child’s illness including the continuing stalemate on Turkey’s Madam Speaker. What a legacy! I doubt an rather than its solution. Professional psychia- accession to the European Union. organization anywhere can depend on an em- trists and psychologists had primary responsi- While sponsors of H. Res. 1631 spoke ployee like the Mariners depended on Dave. bility for diagnosis and treatment. Parents and about religious tolerance, this legislation is And he didn’t just show up, Madam Speaker. families had little say in the care and treat- clearly intended to target Turkey and Turkish He defined his profession and he finally ment of their family member. Before psycho- Cypriots directly. No mention was made about earned the ultimate recognition in 2008: Major tropic medication, individuals with serious the destruction of Turkish-Muslim cultural sites League Baseball Hall of Fame’s Ford C. Frick mental illness were often locked away under in the Republic of Cyprus, or the fact that both award, the highest honor a baseball broad- deplorable conditions in inadequate institu- Greek and Turkish Cypriot communities have caster can achieve—an honor he richly de- tions. been working to tackle this problem together served. When the Hibler family looked for help, they since 2008, under a Technical Committee es- Madam Speaker, Dave is one of the finest found a system that provided almost no family tablished jointly by the leaders of the two com- sportscasters of all time, regardless of the support. Marie decided that was not accept- munities. sport. His Hall-of-Fame career will never be able. Although Marie and her late husband Turkey, a friend of the United States and a forgotten. Children in middle school right now Keith did not have training in psychiatry, they NATO ally, has been supportive of the current will be telling their grandkids about listening to did know about families. They knew that they discussions within the global community and Dave on the radio—reminiscing on his classic had to turn to their family and friends to find between the two Cypriot leaders. The continu- voice and truly incredibly talents. His catches the best possible care for their son. ation of these efforts should be encouraged. phrases will be immortalized and his unfailing Marie, a mother and homemaker, came to Passage of H. Res. 1631 at this time could optimism will never die. God bless his wonder- be one of the prime founders of PAMI, Parent provoke a highly negative reaction and com- ful family and, Madam Speaker, I speak for of Adult Mentally Ill. She gave speeches and pletely sidetrack the ongoing reunification millions of baseball fans when I say Dave will wrote articles. I know this because I was a process. Instead of a one-sided resolution, this be greatly missed, thank you. neighbor and my mother was Marie’s volun- House should commend and endorse the f steps taken by both parties to resolve their teer typist and editor. HONORING GERALD JENKINS The organization she helped create turned longstanding dispute and settle their dif- into a national movement to inform and edu- ferences together. cate the country about mental illness. They f HON. STEVE AUSTRIA OF OHIO advocated for the rights and care of mentally DAVE NIEHAUS: FEBRUARY 19, IN THE HOUSE OF REPRESENTATIVES ill family members and helped change the way 1935–NOVEMBER 10, 2010 we think about, treat and care for mental ill- Wednesday, November 17, 2010 ness. Parent volunteers helped each other HON. DAVID G. REICHERT Mr. AUSTRIA. Madam Speaker, I rise today and those in their families suffering from men- on behalf of the people of Ohio’s Seventh tal illness. OF WASHINGTON IN THE HOUSE OF REPRESENTATIVES Congressional district to honor the life and That organization, PAMI, evolved into NAMI, memory of Specialist Gerald Jenkins. the National Alliance on Mental Illness, with Wednesday, November 17, 2010 Gerald Jenkins, of Circleville, Ohio, joined active chapters in every state. Mr. REICHERT. Madam Speaker, I rise the U.S. Army at age 17. He served as a com- NAMI is celebrating its 35th year this No- today somberly, recognizing a larger-than-life bat engineer assigned to the 1st Brigade Spe- vember. While many challenges remain for entertainer and broadcaster in the Pacific cial Troop Battalion, 1st Brigade Combat those who suffer from mental illness and their Northwest who passed away on Wednesday, Team, 101st Airborne Division in Fort Camp- families, the support and treatment of those November 10. Dave Niehaus, the fantastic bell, Ky. Most recently, Gerald served with his with mental illness has greatly improved. voice of the Seattle Mariners, will be remem- division on deployment in Afghanistan. It is especially fitting at this 35th anniversary bered as a terrific husband, father, and grand- On October 20th, 2010, Gerald Jenkins died to thank those parent volunteers who stood up father, a loyal employee, and a broadcaster in the line of duty while his unit was on foot to be counted when there was little help for who left an indelible mark in Seattle and be- patrol in Maquan, Zhari district. them, or their sons and daughters. Marie yond. Gerald Jenkins, 19, was a young man dedi- Hibler is someone who fearlessly stepped for- It’s a true honor to know Dave was a con- cated to his friends, family and country. His ward. She wasn’t an expert in psychiatry. She stituent of the 8th District of Washington, the family remembers him as always putting oth- was a mother who loved her son. That made District I represent. His wife Marilyn, along ers first and for the pride he took in serving all the difference. with many of Dave’s family members and this nation. He excelled in his job and aspired
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 17823 to make a career in service in the Armed Bay Village. Following his time as Mayor, he The 350-member Coppell High School Forces. helped develop a small business which he op- Marching Band has been a great source of During his service, Gerald was the recipient erates today. pride for the citizens of Coppell for many of many awards including the Army Achieve- In addition to his public and professional ac- years. Since the 1990s, the band has brought ment Medal; Army Commendation Medal; Na- complishments, Mr. Jelepis’ focus on family home gold and bronze medals from the State tional Defense Service Medal; Global War on has never wavered. He is the dedicated hus- Championship, performed in the Pasadena Terrorism Service Medal; Army Service Rib- band of Beverly and devoted father of Eliza- Tournament of Roses Parade, won several re- bon and Combat Action Badge. beth and Caitlin. His commitment to charity is gional marching contests, marched St. Pat- Gerald Jenkins will be remembered for his reflected at St. Raphael Catholic Church, rick’s Day parades in New York and Dublin, selflessness, his bravery and for his life of where he and his family are longtime mem- and continued a tradition of excellence that service to this country. bers and volunteers. develops character, discipline, and leadership f Madam Speaker, please join me in honor on and off the marching field. and recognition of Mr. Tom Jelepis, who lives In early August, not only will you find the HONORING DR. DENNIS FISHER his life with energy, kindness and service to football team beginning two-a-days at Coppell our community. Mr. Jelepis is a true gen- High, but you will likewise see the marching HON. SAM GRAVES tleman known for his integrity, generosity and band practicing twice a day in the school park- OF MISSOURI kind nature. His friendship has touched the ing lot. As a long-time resident of North Texas, IN THE HOUSE OF REPRESENTATIVES lives of many, including my own. I can tell you being outside hours at a time in f 100-degree heat is the last thing most people Wednesday, November 17, 2010 would want to do in August. But every year, Mr. GRAVES of Missouri. Madam Speaker, IN RECOGNITION OF NEW BRUNS- this dedicated group of students braves the I proudly pause to recognize the 2010 Mis- WICK POLICE DEPARTMENT elements and commits themselves entirely in souri Superintendent of the Year, Dr. Dennis 175TH ANNIVERSARY the spirit of competition, their love of music, Fisher. and devotion toward each other, their school, Dennis has served as the Superintendent of HON. FRANK PALLONE, JR. and their town. Park Hill School District since 2005. Under OF NEW JERSEY It is this level of dedication and hard work Dennis’ leadership, Park Hill has become one IN THE HOUSE OF REPRESENTATIVES that earned Coppell the honor of performing in of the most distinguished school districts in Wednesday, November 17, 2010 the Finals of the 5A State Marching Band Missouri. The school district was the first in Contest this year. Reaching that point required Mr. PALLONE. Madam Speaker, I rise today the state to receive the Missouri Quality Award several rounds of competition where, out of to honor the New Brunswick Police Depart- and has continued to receive the Distinction in the 250 public high schools under the 5A clas- ment as its family and friends gather to cele- Performance Award each year from the state. sification, only 10 reached the Finals in the brate the organization’s 175th Anniversary. Dennis has also provided leadership to numer- Alamo Dome in San Antonio on the night of Since its founding in 1835, the New Brunswick ous professional advisory committees, helping November 2, 2010. Though Coppell did not Police Department has faithfully protected the school districts throughout the state provide a take a place on the podium that night, the local residents, businesses and visitors in the higher quality of education to the leaders of to- honor and thrill of being one of the last re- City. Their honorable actions are undoubtedly morrow. maining bands should be a source of pride deserving of this body’s recognition. Dennis is respected by not only his staff and and respect for all the students who partici- The New Brunswick Police Department has pated. students, but also the parents and community. a proud and long standing history. From its He is a leader in the community and plays an I want to specifically congratulate Scott humble beginnings, in which two officers pa- Mason, Director of Bands for the Coppell Inde- active role in the development and betterment trolled the City, the New Brunswick Police De- of the area. Under his direction, the staff and pendent School District, his outstanding staff partment has grown exponentially. The De- of directors and instructors, the drum majors, students strive to the highest of character. partment has continued to provide a safe and Madam Speaker, I proudly ask you to join the section and squad leaders, and captains peaceful environment in the City through ef- of the colorguard and drumline for leading me in commending Dr. Dennis Fisher for his fective and impartial law enforcement. They accomplishments and for his efforts put forth their students through another successful are also committed to meeting the needs of year. Their continued accomplishments are in serving the students of Park Hill School Dis- residents and businesses through active par- trict. well-deserved and hard-won. ticipation and community partnerships. Today, I wish further success for these young peo- f more than 130 dedicated men and women ple in their future pursuits in music and in life. IN HONOR AND RECOGNITION OF nobly protect the community as part of the I hope the important lessons learned by these TOM JELEPIS New Brunswick Police Department. students will remain with them forever. Madam Speaker, please join me in honoring f the New Brunswick Police Department on its HON. DENNIS J. KUCINICH 175th Anniversary and thanking the thousands CONGRATULATING THE KNIGHTS OF OHIO of men and women who have served and pro- OF COLUMBUS, OUR LADY OF IN THE HOUSE OF REPRESENTATIVES tected the City of New Brunswick. CHARITY ASSEMBLY 3089 OF Wednesday, November 17, 2010 f SARASOTA, FLORIDA Mr. KUCINICH. Madam Speaker, I rise CONGRATULATING THE COPPELL HON. VERN BUCHANAN today in honor and recognition of my friend HIGH SCHOOL MARCHING BAND OF FLORIDA Tom Jelepis, devoted family man and commu- FOR THEIR ACHIEVEMENTS AT IN THE HOUSE OF REPRESENTATIVES nity leader. His dedicated service and civic THE 2010 STATE MARCHING BAND contributions continue to make a positive dif- CONTEST Wednesday, November 17, 2010 ference throughout our community. Mr. BUCHANAN. Madam Speaker, today, I Mr. Jelepis was born in Cleveland and HON. KENNY MARCHANT want to congratulate the Knights of Columbus, raised in nearby Lakewood, Ohio. His parents, OF TEXAS Our Lady of Charity Assembly 3089 of Sara- Joanne and Leonard, raised his siblings and IN THE HOUSE OF REPRESENTATIVES sota, Florida, for receiving the Knights of Co- him with a focus on family, faith and service lumbus ‘‘To Be a Patriot’’ Award for its service to others, values that Mr. Jelepis continues to Wednesday, November 17, 2010 to our Nation’s veterans. carry with him today. He attended Cuyahoga Mr. MARCHANT. Madam Speaker, I seek The ‘‘To Be a Patriot’’ Award recognizes the Community College and Cleveland State Uni- recognition to congratulate the Coppell High three best international patriotic programs con- versity before joining the United States Marine School Marching Band from Coppell, Texas ducted by Fourth Degree assemblies. Assem- Corps. Following three years of honorable mili- for their outstanding season of competition bly 3089 received the 2009–2010 award for its tary service, he successfully ran for public of- and reaching the Finals in the 2010 5A State assistance at indigent funerals within the Sara- fice and served for two terms as the Mayor of Marching Band Contest. sota National Cemetery.
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17824 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 November 17, 2010 The assembly was recognized for its efforts PERSONAL EXPLANATION Northern High School Library Media Center, to ensure that every indigent buried at Sara- Media Specialist Jeanna Walker, and the en- sota National Cemetery has someone avail- HON. PATRICK J. KENNEDY tire Portage Community on this worthy able at their funeral to accept the U.S. Flag. OF RHODE ISLAND achievement. Go Huskies! During the ceremony, an assembly member IN THE HOUSE OF REPRESENTATIVES f dressed in tuxedo with the social baldric vol- untarily accepts the veteran’s flag as a show Wednesday, November 17, 2010 HONORING DONNA C. NASH of honor to those who selflessly served in our Mr. KENNEDY. Madam Speaker, I regret military. that I was unable to participate in a series of HON. SAM GRAVES On behalf of the people of Florida’s 13th votes on the floor of the House of Representa- OF MISSOURI District, I thank Our Lady of Charity Assembly tives on Tuesday, November, 16, 2010. IN THE HOUSE OF REPRESENTATIVES 3089 for helping to ensure that our veterans Had I been present to vote on rollcall No. Wednesday, November 17, 2010 are laid to rest with the honor and dignity 569, on the motion to suspend the rules and these heroes deserve. agree to H. Res. 716, I would have voted Mr. GRAVES of Missouri. Madam Speaker, I proudly pause to recognize Donna C. Nash. It is with great pleasure that I acknowledge ‘‘aye’’ on the question. Donna has served as Platte County Collector it has rightfully received this prestigious award. Had I been present to vote on rollcall No. 570, on the motion to suspend the rules and since 1982 and will be retiring from office on February 28, 2011. f agree to H. Res. 1475, I would have voted ‘‘aye’’ on the question. Since first being appointed to office by Gov- HONORING TERRY E. CALDWELL Had I been present to vote on rollcall No. ernor Kit Bond in 1982, Donna has been elect- 571, on the motion to suspend the rules and ed as Platte County Collector seven times. agree to H. Res. 1428, I would have voted During her time in this role, she has sought to HON. HOWARD P. ‘‘BUCK’’ McKEON ‘‘aye’’ on the question. provide Platte County the technology and OF CALIFORNIA f leadership needed to become a top-tier county IN THE HOUSE OF REPRESENTATIVES in Missouri. Her office was the first in Missouri CONGRATULATING JEANNA to allow taxpayers to pay their taxes via credit Wednesday, November 17, 2010 WALKER card or online and print their receipt online. Mr. MCKEON. Madam Speaker, I rise today She has also provided leadership as the first to recognize the accomplishments of outgoing HON. FRED UPTON female President of the Missouri County Col- Victorville City Councilmember, and nine-time OF MICHIGAN lectors Association as well as being involved Mayor, Terry E. Caldwell. IN THE HOUSE OF REPRESENTATIVES with the Missouri Association of Counties, the National Association of Collectors, the Treas- Terry was first appointed to the Victorville Wednesday, November 17, 2010 City Council on April 20, 1972, and completed urers and Finance Officers, and the National Mr. UPTON. Madam Speaker, I rise today eight consecutive terms. Born in Riverside, Association of Counties. She has generously to congratulate the Portage Northern High California, Terry graduated from Barstow High donated her time to such causes as the School Library Media Center and Media Cen- School in 1956 and went on to study at Taft Daughters of the American Revolution and the ter Specialist Jeanna Walker for being se- College, San Jose State University, did MBA Red Cross, among many other organizations lected by the American Association of School work at the University of Southern California, she has supported through the years. I per- Libraries as the most outstanding library pro- and obtained his law degree from the South- sonally would like to thank Donna for her sup- gram in the State of Michigan and one of the ern California School of Law. port and insight during my time in office and top 35 programs in the nation. for being the first Platte County official to en- Terry’s distinguished career in public service The media center was remodeled last sum- dorse me when I first ran for Congress in spans nearly forty years. He helped grow mer to fully envision the goal of delivering 21st 2000. Victorville from a small town into a sprawling century skills to both students and teachers. Madam Speaker, I proudly ask you to join community, greatly improving the quality of life With a media classroom and three classroom me, her husband Karlton, their two children, of families throughout the valley. Never shying areas all equipped with the technology-en- and three grandchildren, in commending away from new challenges, Terry took on re- hanced classroom model, the media center Donna C. Nash for her accomplishments and sponsibilities with the State Regional Water and learning commons are overflowing with for her efforts put forth in serving Platte Coun- Quality Control Board, served over 10 years teaching and learning on a daily basis. The ty, Missouri. as Vice Chairman and Chairman of the Victor media center is an active learning environment f Valley Economic Development Authority, for the student population and is being used worked on the Victorville Planning Commis- by approximately 4,000 students per week. IN HONOR AND RECOGNITION OF sion, Victorville Sanitary District, and the Parks The media center’s cutting-edge technology ROBERT RICE AND GARY RICE and Recreation Advisory Committee. gives students the opportunity to work with OF LAKEWOOD, OHIO Terry also played a vital role in the acquisi- and learn from off campus groups and experi- tion of the former George Air Force Base— ences. With the help of social studies teacher HON. DENNIS J. KUCINICH now the Southern California Logistics Airport— Stacie Phillips, Jeanna Walker teamed with OF OHIO from the U.S. Air Force. This included the pur- Western Michigan University’s Haworth Col- IN THE HOUSE OF REPRESENTATIVES chase of 5,000 acres and the development of lege of Business to bring online collaborative a long-range economic development plan. tools to Portage Northern American history Wednesday, November 17, 2010 Other major accomplishments for the Victor classes. Also, access to live video conference Mr. KUCINICH. Madam Speaker, I rise Valley under Terry’s leadership include: Con- capability gave students the ability to watch an today in honor and recognition of Robert Rice struction of the Bear Valley Road Interchange, autopsy through the Columbus Center for and his son Gary of Lakewood, Ohio, for their bringing Victorville the Mall of Victor Valley, Science and Industry. longtime service on behalf of our community growth of the Bear Valley Redevelopment In honor of this national recognition, the and our nation. Area, and development of the Auto Park at media center will be featured on the American Robert Rice, a devoted family man, World Valley Center. All of these accomplishments Association of School Libraries Vision Tour, an War II veteran, dedicated teacher, composer, brought jobs, economic development, and a initiative by the association’s President, Dr. musician and civic activist has touched the growing number of residents to Victorville. Nancy Everhart, to visit school media centers lives of many throughout our community as a Terry leaves behind a remarkable legacy of across the United States in order to provide music teacher in the Lakewood Public Schools public service and lasting impact on the resi- the public with examples of what exceptional until his retirement in 1983. His wife, the late dents of Victorville. I want to congratulate school media centers offer students and com- Betty Rice, was also musically gifted. Together Terry, his wife Pat, and his three children, munities. they raised their son Gary with an abiding ap- Christie, Carrie, and Leon, for helping create a On behalf of all residents of southwest preciation for the arts, music, and public serv- vibrant future for the Victor Valley. Michigan, congratulations again to the Portage ice.
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 17825 Gary Rice followed in his father’s path and gether, they have one son, Tyree Rodney nizing and honoring the 50th anniversary of became a teacher and a musician. Despite Morris, who is 10 years old. Mr. Morris is a Ruby Bridges. being born with hearing and speech impedi- positive role model for his family and other In 1960, Ruby Bridges became the first Afri- ments, Gary became a talented vocalist and members of the community. can-American child to attend William Frantz musician, performing numerous times on Madam Speaker, please join me in leading Elementary School in New Orleans, Louisiana. stage throughout Greater Cleveland. Both this body in acknowledging Mr. Morris’ 26 As she took her first steps to school, Ruby Robert and Gary made a profound impact years of service with the Monmouth County created a path in education for many to follow. upon the lives of countless students, col- Sheriff’s Department. His dedication and com- Ruby’s resilience in the face of discrimina- leagues and parents. To this day, Robert and mitment are positive examples of what stead- tion was an important moment and contribu- Gary continue to share their passion for music fast determination and allegiance can accom- tion to the Civil Rights Movement. by tutoring students, composing, and per- plish. In my congressional district, we are honored forming for various schools, senior organiza- f to have Ruby’s historic journey on display at tions and veterans groups throughout the HONORING THE CONTRIBUTIONS the Indianapolis Children’s Museum for all Greater Cleveland area. Robert and Gary re- OF UPPER LOUDOUN YOUTH Americans to witness and experience her hon- cently completed an original composition, a FOOTBALL LEAGUE TO THE orable journey. With Ruby’s help, the Indianapolis Chil- march in honor of United States’ veterans enti- TREE OF LIFE FOOD BANK tled ‘‘The American Veterans’ Last Salute dren’s Museum has built a unique exhibit March.’’ It has already been performed on called the ‘‘Power of Children,’’ which docu- several occasions. HON. FRANK R. WOLF ments her courageous strides for equality in Madam Speaker and colleagues, please join OF VIRGINIA education. IN THE HOUSE OF REPRESENTATIVES me in honor and recognition of Robert Rice Her bravery at such a young age paved the and his son Gary for their service to our com- Wednesday, November 17, 2010 way for all African-American children to attend munity and our country. Their strong father- Mr. WOLF. Madam Speaker, I rise today to newly integrated schools, and has made her a son bond is reflected through their shared love recognize the important work of the Upper symbol of tolerance and respect for all Ameri- of music and shared spirit of volunteerism. Loudoun Youth Football League (ULYFL) in cans. Their work and passion brings music, inspira- collecting nonperishable food donations for the As we continue to work on reforming our tion and joy into the lives of countless individ- Tree of Life Food Pantry in Purcellville, Vir- education laws, let us remember the great gift uals—young and old—throughout our commu- ginia. that Ruby Bridges gave to all American chil- nity. This fall the Upper Loudoun Youth Football dren—the gift of equal education for all. f League partnered with Tree of Life Food Pan- f try to collect food for the individuals and fami- RECOGNIZING RODNEY MORRIS lies in the community and stock the food pan- HONORING DR. AARON R. GRAHAM try’s shelves for the upcoming winter season. ON HIS RETIREMENT HON. FRANK PALLONE, JR. The league divided into 25 teams and worked OF NEW JERSEY to collect nonperishable food donations. Team HON. STEVEN R. ROTHMAN IN THE HOUSE OF REPRESENTATIVES Chargers led the pack and collected 3,532 OF NEW JERSEY pounds of food and 54 boxes of cereal, and Wednesday, November 17, 2010 IN THE HOUSE OF REPRESENTATIVES Team Bucs followed close behind with 3,459 Wednesday, November 17, 2010 Mr. PALLONE. Madam Speaker, I rise today pounds of food and 142 boxes of cereal. The to recognize Mr. Rodney Morris. Mr. Morris is other teams included: The Titans/D Cowboys; Mr. ROTHMAN of New Jersey. Madam a Corrections Officer with the Monmouth Bulldogs/Huskies/Vikings; Team Mustangs; Speaker, I rise today to recognize one of my County Sheriff’s Department and an active Team Oarsman; Team Packers; Team Ben- constituents, Dr. Aaron R. Graham, who is the member of the Long Branch, New Jersey gals; Team Giants; The Gators/D Giants; The Bergen Executive County Superintendent of community. On October 1, 2010, Mr. Morris Tigers/D Ravens; Team Warriors; Team Tro- Schools. Dr. Graham should be congratulated retired after dedicating 26 years of service to jan; The Raiders/D Redskins; The Eagles/ on his retirement for a job well done and cele- the Sheriff’s Department. I applaud Mr. Morris, Flag Bengals; Team Vikings; The Wildcats/ brated for over 40 years of public service as as his achievements should serve as an inspi- Flag Panthers;Team Knights; Team Colts; an educator. ration to us all. Team Huskies; Team Aztecs; Team Dr. Graham received his Bachelor of Today we recognize Mr. Morris for contrib- Seahawks; The Cougars/ Flag Pacers; Team Science in Biology from North Carolina Central uting 26 years of service to the Monmouth Cheerleaders; and The Bandits/D Eagles. All University and received his Masters of County Sheriff’s Department. The 609 officers together the league collected 23,550 pounds Science in Education from the University of and employees of the Monmouth County of food and 614 boxes of cereal. Akron. He earned his Doctorate of Education Sheriff’s Department are dedicated to serving I commend all who volunteered for their tire- in Administration and Supervision from Ford- the needs of the community. Located in Free- less commitment and service to those in their ham University. He has also completed post- hold, New Jersey, the Sheriff’s Office is com- community who are unable to make ends graduate studies at Montclair State University prised of three divisions: Law Enforcement, meet and put food on the table. I also com- and the State University of New York. Corrections, and Communications. Mr. Morris mend the partnership that has grown between Dr. Graham began his educational career as has demonstrated unwavering commitment to the Upper Loudoun Youth Football League a Science Teacher in the National Teachers protecting and serving the constituents of and the Tree of Life Food Pantry in Purcellville Corps and Public Schools in Akron, Ohio. He Monmouth County and remains a tremen- to make available leftover food to stock the has taught students on every level from pre- dously valued member of my district and the shelves of the food pantry. school through graduate school. In New Jer- County. In closing, I would like to thank the coaches, sey, his career experience includes: Science Mr. Morris is also a valued and dedicated the league, the parents, and the players for Teacher in Palisades Park Junior-Senior High member of the Long Branch, New Jersey their dedicated efforts and support for the School; Educational Specialist and Edu- community. Mr. Morris is actively involved in community. cational Planner for the New Jersey State De- community sports activities and serves as a f partment of Education; District Project Director coach for the tee-ball and basketball teams for HONORING RUBY BRIDGES and Assistant Director of Curriculum and In- Long Branch Recreation Department. Mr. Mor- struction at New Jersey City University. He ris has also served as Head Coach for the ´ has lectured at several colleges and has pre- Pop Warner Football team. Mr Morris has HON. ANDRE CARSON sented at the University Council for Edu- OF INDIANA served as Chairperson of the Deacon’s Min- cational Administration Convention in Scotts- IN THE HOUSE OF REPRESENTATIVES istry at the Second Baptist Church in Long dale, Arizona. Branch for ten years and continues to serve in Wednesday, November 17, 2010 Bergen County is the largest county in New this capacity today. He has been happily mar- Mr. CARSON of Indiana. Madam Speaker, I Jersey with over 895,000 residents and more ried to his wife Susie for seventeen years. To- join the House of Representatives in recog- than 135,000 students. As Bergen Executive
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17826 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 November 17, 2010 County Superintendent, Dr. Graham super- in its every thought, deed, and act to the fulfill- unit was finally stationed in Schonebeck, Ger- vises the county’s 78 school districts and ment of the educational and cultural needs, many until July 1945. Mr. Blake’s valiant ef- nearly 300 schools. In this capacity he has hopes, and desires of the people of South forts to defend our nation during World War II provided educational leadership to school County.’’ are noble and highly commendable. leaders and staff members on strategic issues, I join the community in welcoming the Reed As a result of his courageous efforts, Mr. L. Buffington Visual and Performing Arts Cen- student achievement, program improvement, Blake was awarded the Silver Star Medal. fiscal review, curriculum and professional de- ter. I also join Dr. Buffington’s colleagues in This honor is the third-highest military decora- velopment. He has provided leadership in expressing appreciation for his extraordinary tion for valor awarded to a member of any building positive relationships between and leadership. branch of the Armed Forces. Mr. Blake is also among school boards, administrators, staff, f the recipient of a Purple Heart. Today he is students, parents, and communities. being honored with the Medal of Chevalier in In 2002, Dr. Graham received a Congres- HONORING CHRISTOPHER ADAM sional Citation for Excellence in Educational MERSHON the French Legion of Honor. His nomination to Reform and Leadership. In 2003, he received the position of Chevalier in the Legion the first Bergen County Leadership Award HON. SAM GRAVES d’Honneur was approved by French President Nicolas Sarkozy. The Chevalier of the Legion from the Bergen County Association of School OF MISSOURI of Honor is the highest military distinction Administrators. In 2005, the New Jersey Con- IN THE HOUSE OF REPRESENTATIVES awarded by France. gress of Parents and Teachers awarded Dr. Wednesday, November 17, 2010 Graham lifetime membership, and in 2006, he Madam Speaker, please join me in leading received a 50th Anniversary Honoree Award Mr. GRAVES of Missouri. Madam Speaker, this body in congratulating Mr. William Blake from Bergen Catholic High School. Dr. Gra- I proudly pause to recognize Christopher as he receives this prestigious award. His ham serves on the National Faculty of the Na- Adam Mershon. Chris is a very special young dedication to this country serves as a shining tional Principals Leadership Institute and man who has exemplified the finest qualities example of what bravery and determination served as the President of New Jersey Coun- of citizenship and leadership by taking an ac- can accomplish. cil of Education from 2008 to 2009. tive part in the Boy Scouts of America, Troop Madam Speaker, I know that my colleagues 98, and earning the most prestigious award of f will join with me in honoring Dr. Aaron Gra- Eagle Scout. ham for his fourteen years of service to Ber- Chris has been very active with his troop, HONORING SIKH AMERICAN gen County, New Jersey and on his retirement participating in many scout activities. Over the AWARENESS AND APPRECIATION as one of America’s finest educators. many years Chris has been involved with MONTH f scouting, he has not only earned numerous merit badges, but also the respect of his fam- TRIBUTE TO DR. REED L. ily, peers, and community. Most notably, Chris HON. JIM COSTA BUFFINGTON has earned the rank of Patrol Leader in his troop and is a Warrior in the Tribe of Mic-O- OF CALIFORNIA HON. FORTNEY PETE STARK Say. Chris has also contributed to his commu- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA nity through his Eagle Scout project. Wednesday, November 17, 2010 IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I proudly ask you to join me in commending Christopher Adam Wednesday, November 17, 2010 Mr. COSTA. Madam Speaker, I rise today to Mershon for his accomplishments with the Boy honor the Sikh American community on the Mr. STARK. Madam Speaker, I rise today to Scouts of America and for his efforts put forth occasion of Sikh American Awareness and pay tribute to Dr. Reed L. Buffington. Chabot in achieving the highest distinction of Eagle Appreciation Month which is celebrated in No- College in Hayward, California, will dedicate Scout. vember. the Reed L. Buffington Visual and Performing f Arts Center Building on November 3, 2010. It For over a century, California’s Central Val- is a fitting tribute to Dr. Buffington’s contribu- RECOGNITION OF WILLIAM BLAKE ley has boasted a flourishing concentration of tions. Sikh Americans, sharing a rich history, mutual Dr. Buffington held the position of President/ HON. FRANK PALLONE, JR. understanding, and shared principles. In 1912, Superintendent of Chabot College from its OF NEW JERSEY the first Sikh Gudwara in the United States founding in September of 1961 until his retire- IN THE HOUSE OF REPRESENTATIVES was established in Stockton, California as Sikh ment in 1981. When asked by a newspaper Americans settled in the region, coming to Wednesday, November 17, 2010 reporter to name his chief objective for the labor in agricultural and railroad pursuits. Over new college, Dr. Buffington replied, ‘‘Quality! Mr. PALLONE. Madam Speaker, I rise today the years, Sikh Americans have found many . . . quality in everything we do.’’ to recognize Mr. William Blake, a World War successes as over 700,000 have made their The Hayward community continues to ben- II veteran and resident of Edison, New Jersey. homes across our nation. Mr. Blake will be honored with the Medal of efit from his legacy and from his eponymous From serving as Members of Congress, awards for alumni, students, and faculty. Upon Chevalier in the French Legion of Honor by such as Dalip Singh Saund did for three his retirement, Dr. Buffington created an en- the Consul General of France, Mr. Philippe terms, to Mayors of California cities such as dowment for the prestigious Buffington Award, Lalliot for his brave actions during combat. Mr. San Joaquin, Sikh Americans have quickly be- annually awarded for excellence in a teaching Blake’s courageous actions in combat are de- come an active force in American public pol- career. Dr. Buffington began his own career in serving of this body’s recognition. icy. When leading industry positions in agri- education as a political science instructor. He Mr. Blake served as a corporal with the culture, small business, and medicine, Sikh earned A.B. and M.A. degrees in political United States Army from April 14, 1944 to Americans bring a distinctive pride to many science from the University of Chicago and a June 11, 1945. During this time, Mr. Blake dis- endeavors, and an unparalleled work ethic. Doctorate in Education from Stanford Univer- played valor and bravery. He began as a tank sity. driver with the 2nd Armored Division. As ten- On the first Sunday of each November Sikh During his tenure at Chabot College, Dr. sions in the region began to grow, in June Americans throughout our nation celebrate the Buffington made innumerable contributions to 1944, Mr. Blake’s division was deeply en- coronation day of Sikh Scripture as Guru higher education in California and to local civic trenched in the Battle of Normandy, specifi- Gaddi Divas with parades and festivals. As we organizations. A passage from the book cally fighting in the Cotentin Peninsula. His he- strive to appreciate the vibrant diversity and Chabot College: The First Twenty Years aptly roic actions resulted in the liberation of contributions of all religions and cultures in our reflects Dr. Buffington’s enduring legacy of ex- Carentan. By July 1944, Mr. Blake and his nation, I ask my colleagues to join me in rec- cellence and service to Chabot College, and brothers in arms were heavily engaged in Op- ognizing the Sikh American community as the community: ‘‘From the very beginning, this eration Cobra. Subsequent combat missions they celebrate Sikh American Awareness and has been Reed Buffington’s college, dedicated included the Battle of the Bulge, before his Appreciation Month this November.
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 17827 OUR UNCONSCIONABLE NATIONAL Eldon High School’s FFA Parliamentary Pro- PERSONAL EXPLANATION DEBT cedure Team. On October 23, 2010 at the 83rd National FFA Convention in Indianapolis, HON. ADAM H. PUTNAM HON. MIKE COFFMAN IN, the Eldon High School FFA Parliamentary OF FLORIDA OF COLORADO Procedure Team won its first national cham- IN THE HOUSE OF REPRESENTATIVES pionship. The members of the championship IN THE HOUSE OF REPRESENTATIVES winning team each received a scholarship to Wednesday, November 17, 2010 Wednesday, November 17, 2010 further their education at a post-secondary in- Mr. PUTNAM. Madam Speaker, on Monday, Mr. COFFMAN of Colorado. Madam Speak- stitution of their choice. November 15, 2010, and Tuesday, November er, today our national debt is The Eldon High FFA Parliamentary Proce- 16, 2010, I was not present for 6 recorded $13,795,134,710,938.40. dure Team consists of seniors Payton votes. Had I been present, I would have voted On January 6, 2009, the start of the 111th Atteberry, who also holds the distinction of the following way: roll No. 566—‘‘yea’’; roll No. Congress, the national debt was winning the Outstanding Chairman Award, Jill 567—‘‘yea’’; roll No. 568—‘‘yea’’; roll No. $10,638,425,746,293.80. Blankenship, Cole Griffith, Kelsi Mueller, Arika 569—‘‘yea’’; roll No. 570—‘‘yea’’; roll No. This means the national debt has increased Myers, and Abbey Thomas. The Eldon team 571—‘‘yea’’. by $3,156,708,964,644.60 so far this Con- competed against 44 teams from across the f gress. nation. This competition tests students’ ability This debt and its interest payments we are to effectively communicate ideas during a RECOGNITION OF REVEREND passing to our children and all future Ameri- meeting. Components included a general LINWOOD D. ROUSE cans. knowledge exam of parliamentary law, a ten- f minute demonstration of parliamentary proce- HON. FRANK PALLONE, JR. dure, oral questions, and written minutes of OF NEW JERSEY RECOGNIZING JUDGE WILLIAM J. the demonstration. IN THE HOUSE OF REPRESENTATIVES CAPRATHE These six gifted young men and women Wednesday, November 17, 2010 were prepared and focused, due to their dedi- Mr. PALLONE. Madam Speaker, I rise today HON. DALE E. KILDEE cated advisor, Eldon High School Agriculture to recognize the ministry of Reverend Linwood OF MICHIGAN teacher Matt Biddle, who trained and sup- D. Rouse, Pastor of Macedonia Original IN THE HOUSE OF REPRESENTATIVES ported the team. Each student received Freewill (OFW) Baptist Church in Piscataway, $1,000 and a plaque in recognition of this Wednesday, November 17, 2010 New Jersey. For 26 years, Reverend Rouse event. has served as a pillar of his church and com- Mr. KILDEE. Madam Speaker, the Honor- I ask that you join me in recognizing the munity. His rock-solid faith and commitment able William J. Caprathe, Judge with the 18th Eldon High School’s FFA Parliamentary Pro- toward helping others deserves recognition. Circuit Court of Michigan, is retiring after serv- cedure Team for a job well done. These stu- Reverend Rouse, the second of eight chil- ing on the bench since 1981. A celebration will dents and all the other students who partici- dren born to David and Lorraine Rouse, be held in Bay City Michigan on November pated in the annual convention should be moved to New Jersey from his birthplace of 19th in his honor. commended for their commitment to the future Washington, D.C. in 1963. He is a graduate of Judge Caprathe became a member of the of agriculture. State Bar of Michigan in 1966. He worked as the Dr. Howard Anderson Interdenominational a trial attorney before beginning his career as School of Divinity Southern Baptist Seminary f a circuit court judge serving as Chief Judge Extension and Philadelphia Biblical University, from 1984 to 1997. He has served as chair of HONORING CHRISTIAN A. SPINLER from which he holds a degree of Associate of the Executive Board of the National Con- Biblical Studies. Starting out as an organist ference of State Trial Judges, co-chair of the and choir director, he soon was made a Judicial Division’s Judicial Clerkship Program, HON. SAM GRAVES church trustee. He eventually found himself president of the Michigan Judges Association, OF MISSOURI called to minister. After his first sermon in and chair of the Michigan Judicial Conference. IN THE HOUSE OF REPRESENTATIVES June of 1978, he was licensed to preach at He has also served as chair of the Michigan Wednesday, November 17, 2010 Macedonia OFW, was ordained on October State Bar Standing Committee on Criminal 19th, 1979, and in 1984, became pastor. Jury Instructions, and is a past member of the Mr. GRAVES of Missouri. Madam Speaker, For over two decades, Reverend Rouse has Equal Access Initiative and the Michigan Coa- I proudly pause to recognize Christian A. served his community with a diligence, stead- lition Against Domestic and Sexual Violence. Spinler. Christian is a very special young man fastness, compassion, and faith that is inspira- As a regular faculty member of the Michigan who has exemplified the finest qualities of citi- tional. He has worked tirelessly as an advo- Judicial Institute he oversaw the production of zenship and leadership by taking an active cate for his church, securing building space for several bench books. He also served on the part in the Boy Scouts of America, Troop 205, the schooling of his congregation’s youngest American Bar Association’s American Jury and earning the most prestigious award of members. Under his care, numerous commu- Project. Eagle Scout. nity programs have grown, such as the Horns Madam Speaker, I am honored to be able to Christian has been very active with his of Joshua, a youth outreach program that tar- recognize the achievements of Judge William troop, participating in many scout activities. gets children and families going through times J. Caprathe and ask the House of Represent- Over the many years Christian has been in- of crisis. And he was the creator of Caring atives to join me in congratulating him on his volved with scouting, he has not only earned Hand of New Jersey Inc., which serves as a retirement. I wish him the best as he enters numerous merit badges, but also the respect Bible School and includes a Child Care Pro- this phase of his life. of his family, peers, and community. Most no- gram. He is a board member of the f tably, Christian has earned the rank of Senior Piscataway Township Board of Ethics, vice Patrol Leader in his troop and the World Con- president of the Middlesex County Board of CONGRATULATING ELDON HIGH servation Award. Christian also has contrib- Ethics, president of District Union No. 1 of SCHOOL’S FFA PARLIMENTARY uted to his community through his Eagle Scout Central Jersey, and a board member of PROCEDURE TEAM project. Christian designed and constructed a Piscataway Township’s Turn-on Youth Coali- wooden fence around the trash dumpsters at tion. His other positions in the community in- HON. BLAINE LUETKEMEYER his troops sponsoring church, Good Shepherd clude Chaplin of the Holmes Marshall Vol. Fire OF MISSOURI Christian Church in Blue Springs, Missouri. Co., chaplain and then delegate of the Na- IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I proudly ask you to join tional Police Defense Foundation, member of me in commending Christian A. Spinler for his United Chaplin International, treasurer of the Wednesday, November 17, 2010 accomplishments with the Boy Scouts of Middlesex Central Baptist Association of New Mr. LUETKEMEYER. Madam Speaker, I ask America and for his efforts put forth in achiev- Jersey, Inc., and member of the Singing Pas- my colleagues to join me in congratulating ing the highest distinction of Eagle Scout. tors of Piscataway.
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17828 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 November 17, 2010 Madam Speaker, I sincerely hope that my Madam Speaker, I ask you to join me in A TRIBUTE TO HONOR THE COM- colleagues will join me in recognizing Rev- celebrating the life of a man who dedicated MANDING OFFICER AND CREW erend Rouse’s work. His supporters and himself to serving the people of Sonoma OF THE USS ‘‘GRAVELY’’ friends will be honoring his 26th Pastoral Anni- County and California. We have all benefitted versary on Sunday, October 10, 2010. Let us from his work on behalf of knowledge and HON. MIKE McINTYRE join them in acknowledging and honoring the public education, and from his example as a OF NORTH CAROLINA values his life of service shows. tireless advocate for one of the civic institu- IN THE HOUSE OF REPRESENTATIVES f tions most important in our democracy. Wednesday, November 17, 2010
HONORING DAVID SABSAY f Mr. MCINTYRE. Madam Speaker, I rise today to pay tribute to Commander Douglas HON. LYNN C. WOOLSEY PERSONAL EXPLANATION Kunzman, as well as the officers and crew of OF CALIFORNIA the USS Gravely, which will be commissioned by the United States Navy in Wilmington, IN THE HOUSE OF REPRESENTATIVES HON. JOHN B. LARSON North Carolina, on November 20, 2010. This Wednesday, November 17, 2010 OF CONNECTICUT strong, state-of-the-art destroyer joins an im- Ms. WOOLSEY. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES pressive group of ships on deployment pro- today to honor the life of David Sabsay, father Wednesday, November 17, 2010 tecting our nation and defending our freedoms of the Sonoma County Library, who passed and national security interests. Mr. LARSON of Connecticut. Madam away on March 20, 2010, at his home in As a senior member of the U.S. House Speaker, on November 17, 2010, I missed Sebastopol, California. His passion and lead- Committee on Armed Services and a longtime rollcall vote 572. Had I been present, I would ership strengthened our public libraries not supporter of our great nation’s military and have voted ‘‘yea’’ or ‘‘aye.’’ only in Sonoma County, but across California, those who have served our country, it is my transforming education and fostering civic en- honor to recognize the USS Gravely as the gagement for youth and adults. f 57th unit of the ARLEIGH BURKE Class of Born in Waltham, Massachusetts in 1931, IN HONOR OF ROBERT ‘‘BOB’’ guided missile destroyers. David Sabsay came to Santa Rosa in 1956 FELLER Named for Vice Admiral Samuel Lee Grave- after receiving his graduate degree in library ly, Jr., the first African-American commanding science at the University of California at officer of a naval ship, this guided missile de- Berkeley. At 25, Mr. Sabsay was the youngest HON. DENNIS J. KUCINICH stroyer was constructed at Northrup Grumman head librarian in the state, and he was already OF OHIO Corporation’s Ingalls Shipyard in Pascagoula, envisioning the vibrant, integrated public li- IN THE HOUSE OF REPRESENTATIVES MS. Her keel was laid on November 26, 2007, launched on March 30, 2009, and christened brary system he knew Californians needed. Wednesday, November 17, 2010 Mr. Sabsay wasted no time in pursuing this on May 16, 2009. Impressively, the USS vision, and his skill as a library advocate Mr. KUCINICH. Madam Speaker, I rise Gravely has an overall length of 510 ft, beam quickly earned him a place of respect in the today in honor of Robert ‘‘Bob’’ Feller on his of 66 ft, full load displacement of 9,200 tons community and a record of hard-earned vic- 92nd birthday on November 3 and for his and a mean full load draft of 33 ft. tories. On multiple occasions he served as longtime service in our community and our The people of Southeastern North Carolina chair of the Government Relations Committee Nation. are honored to welcome and host Commander of the California Library Association, and by Bob was one of the greatest pitchers in Kunzman and his crew for the commissioning 1971 he had become the organization’s presi- Cleveland Indians history. He made his major festivities for this new vessel and hope they dent. He founded and became the first coordi- league debut in 1936 at the age of 17, where will consider the coastline of this state as a nator of the North Bay Cooperative Library his legendary fastball quickly earned him a special home for them. I am especially appre- System, a six-county resource-sharing network reputation around the league. He was given ciative of the Secretary of the Navy, the Hon- and the first cooperative library system in the nicknames such as ‘‘Rapid Robert’’ and ‘‘Bul- orable Ray Mabus, for granting the request for western United States. let Bob.’’ His career was prodigious; it this commissioning to occur in North Carolina In a career dedicated to improving library spanned over sixteen seasons, during which and for his recent visit to Wilmington in antici- services in Sonoma County, Mr. Sabsay also he racked up 2581 strikeouts, 3828 innings pation of this important event, as well as for brought his expertise to debates on library pitched and 266 wins. These and other monu- the celebration of Navy Day. support in Sacramento. In 1978, in order to mental totals make up many team and league The State of North Carolina and this nation secure a sufficient stream of funding for Cali- records that remain intact today. It is no won- are deeply proud of the personal talent and fornia libraries, he helped author legislation der that Bob was inducted into the Hall of ability represented by the officers and crew of establishing state financing for local libraries Fame in 1962, his first year of eligibility. this new destroyer. It is their spirit, service, and encouraging county contributions. This Bob’s military service is evidence of his and sacrifice for which we all are extremely legislation continues to serve all Californians character and love of his country. He served grateful. as a safeguard against the loss of an essential our Nation in the Navy during World War II, Madam Speaker, may we also never forget public asset and as a reminder of our stake in becoming the first major league baseball play- the bravery and dedication of those who have its future. er to enlist as a result of the attack on Pearl served before, those who currently serve, and Mr. Sabsay was perhaps best known for his Harbor in December of 1941. Though he was those who will serve our country—and may we instrumental backing of a unified library sys- in the prime of his career and could have de- continue to receive inspiration from their cou- tem in Sonoma County. In 1975, his work led ferred his draft notice, he chose to miss four rageous words and deeds. May God’s bless- to the signing of the joint-powers agreement— seasons, serving aboard the U.S.S. Alabama ings be with the USS Gravely, her officers, the first such agreement for a library system in as it patrolled both the Pacific and Atlantic and her crew as she begins her time in serv- California—that established the institution we Oceans. He retired from the Navy at the end ice to this wonderful nation—the United States rely on today. During his tenure as director of of the war as a Chief Petty Officer and re- of America. Sonoma County Library, Mr. Sabsay even turned to his exceptional career with the Indi- f oversaw the construction of the central library ans. HONORING CHARLES E. KRUSE and nine regional branches as his county net- Madam Speaker and colleagues, please join work expanded to serve one of the strongest me in honor and recognition of Bob Feller for HON. SAM GRAVES per capita memberships in the state. Mr. his excellence in major league baseball and OF MISSOURI Sabsay retired in 1992 but remained an active his service to our country. The strength of IN THE HOUSE OF REPRESENTATIVES consultant on library development, funding, character he displayed both on and off the and operations. field makes him a truly exceptional man and a Wednesday, November 17, 2010 David Sabsay was predeceased by his wife role model for generations of baseball fans Mr. GRAVES of Missouri. Madam Speaker, Helen. He is survived by his brother. and patriots. I proudly pause to recognize Charles E.
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OF NEW YORK successful web portal has been developed, IN THE HOUSE OF REPRESENTATIVES f and historic new highs have been reached in Wednesday, November 17, 2010 both the Life insurance and Town and Country insurance sections. All the while, Charlie has RECOGNITION OF ST. MICHAEL’S Mr. RANGEL. Madam Speaker, it is with maintained an outspoken passion for Missouri CHURCH great sadness that I rise today to memorialize farmers, defending their values and promoting a beloved young member of our Harlem com- ´ their efforts in both Jefferson City and Wash- munity, DeAnte Pierre Wilson, whose mass ington. Even though retiring from the Farm Bu- HON. FRANK PALLONE, JR. will be celebrated on Saturday, November 20, 2010 at Kelly Temple Church Of God In Christ reau, I am sure Charlie will continue to fight OF NEW JERSEY for Missouri farmers for many years to come. in my congressional district. His unexpected and untimely passing has Madam Speaker, I proudly ask you to join IN THE HOUSE OF REPRESENTATIVES left behind a deeply felt void within his church, me, his wife Pam, and all their children and Wednesday, November 17, 2010 the Kelly Temple COGIC, where he served as grandchildren, in commending Charles E. youth minister. That deeply felt void is also ex- Kruse for his accomplishments and for his ef- Mr. PALLONE. Madam Speaker, I rise today tended to his family and friends at the Harlem forts put forth in serving Missouri farmers. to recognize St. Michael’s Church in Long Hospital Center, where he worked and was f Branch, New Jersey as the parishioners cele- admired by all he came into contact. For a COMMEMORATING THE 40TH ANNI- brate the 125th Anniversary. St. Michael’s man who chose the path to deliver and mentor VERSARY OF THE MARSHALL Church has a rich and formidable history of God’s ministry at a very young age and open UNIVERSITY PLANE CRASH serving the needs of the community. Histori- the hearts of all us with his amazing smile, the TRAGEDY cally noteworthy, St. Michael’s main altar was loss of DeAnte´ Pierre Wilson is especially pro- given in memory of Mr. Francis Anthony found to me and to the greater Harlem com- Drexel, banker and great philanthropist of munity in which he lived and served. HON. NICK J. RAHALL II Mr. DeAnte´ Pierre Wilson was born in Gas- OF WEST VIRGINIA Philadelphia, Pennsylvania. Mr. Drexel and his tonia, North Carolina on November 30, 1981. IN THE HOUSE OF REPRESENTATIVES family summered at West End. His daughter, After completing his schooling in the Gastonia Wednesday, November 17, 2010 Mother Katherine Drexel, was the founder of School District, DeAnte´ attended World Har- the Sisters of the Blessed Sacrament. She vest Bible College, placing his spiritual path in Mr. RAHALL. Madam Speaker, on Novem- was later canonized as a saint of the church God’s unyielding hands. Even at a young age, ber 14, 1970, a plane carrying 75 Marshall on October 1, 2000. Mother Katherine Drexel DeAnte´ managed to touch the hearts of peo- University football players, their coaches, faith- decided to enter the Religious Life while resid- ple as he was called to preach at the age of ful supporters and friends crashed while at- 16. tempting to land in Huntington, WV. On that ing in parish territory. The mosaic in her honor can be found in the vestibule of the Church. DeAnte´ Pierre Wilson relocated and estab- cold, rain-filled and foggy night so many prom- lished his roots in Harlem, New York, where ising futures came to a sudden and tragic end. Originally formed as a ‘‘mission church’’ in he joined Kelly Temple Church Of God In On the night of this tragedy—known as the 1886, St. Michael’s was an extension of the Christ. DeAnte´ cultivated his spiritual activism worst air disaster in American sports history, Star of the Sea Church in Long Branch, New and under the leadership of Bishop James H. an entire community, our State and frankly our Jersey. However, members of the church Gaylord, he was appointed youth president, Nation were one in grief, but also one in be- community soon saw the need to expand and where he served faithfully until 2007. His pri- lieving that—from adversity—hope, growth and serve a growing population. By 1892, St. Mi- mary goal was to encourage the youth of the success can conquer all in the end. chael’s relinquished its status as a mission church, and the community at large to aspire In the forty years since these souls were for greatness and perfection. DeAnte´ could taken from those they loved and who loved church and became an independent entity. Reverend Richard Crean served as the often be found mentoring and counseling a them, the Marshall community—friends and young person, giving them the push needed to church’s first pastor. Since then, St. Michael’s strangers, colleagues and competitors, icons reach their set goals and potential. and unknowns—have bonded together in Church has been served by many accom- In 2008, DeAnte´ was ordained elder in the hearts and minds. plished priests. Today, Reverend Charles B. Church Of God In Christ in Brazil, during the On every anniversary of this tragedy we re- Weiser leads the members of the St. Michael’s time of their Holy Convocation. He then re- flect on the tremendous loss, yet it is also a Church and gathers a vibrant community turned to Kelly Temple COGIC, and was ap- moment that renews promises and purpose where members passionately practice the pointed youth minister for the Youth Depart- and stirs hope in the human spirit. Catholic faith. ment, where he, along with Ms. Angela Wil- In the words of Marshall University Alumni liams, instituted Youth Church. DeAnte´ was in- St. Michael Church’s original parishioners Association President William ‘‘Mickey’’ Jack- strumental in bringing young people from var- son, a former Marshall Football player and as- were predominantly the Irish Catholic. Today, ious congregations to the church to minister to sistant coach for the team in 1970, who was the parish reflects a diverse ethnic population the youth. on a scouting trip and not with the team the located throughout Long Branch and Mon- I am told that DeAnte´ had a very extensive night of the crash, ‘‘It is very inspirational to mouth County. Often referred to as a ‘‘metro- resume, but found his calling working with remember, but very, very sad at the same politan church’’, the congregation has contin- people and doing special events. On Decem- time. When they place the wreath at the foun- ued to welcome new members and the St. Mi- ber 14, DeAnte´ joined the Harlem Hospital tain and the water stops, my heart just stops chael’s Church family has grown exponentially Center team, working as the Assistant Coordi- beating.’’ in the past years. nating Manager in the Office of Special The themes of hope and rebirth are carried Events. Though his tenure was short, DeAnte´ forward every year at Marshall University, be- Madam Speaker, please join me in leading managed to touch the lives of many and was ginning with turning on one simple, yet so this body in acknowledging St. Michael’s especially noted for his pleasantry and poise symbolic fountain. Church as the parishioners celebrate their as he greeted each employee and customer What has been learned from this tragic ex- 125th Anniversary. The St. Michael’s commu- with a smile while working events. DeAnte´ ex- perience extends beyond those early hours of nity is tremendously valued in my district and hibited world class customer service and ex- shock and disbelief. Two generations have the State of New Jersey. pressed a great love for the community he
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17830 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 November 17, 2010 had become a part of. I truly believe that his ery on another person. It means they are sub- HONORING MARVIN SCOTT FOR enjoyment of working with the community led ject to the same laws as the rest of us. HIS FIFTY YEARS OF EXCEL- him to enroll in Fordham University and major Imagine if the political elites in our country LENCE IN BROADCAST JOUR- in political science. He joined the NAACP Mid- were forced to endure the same conditions at NALISM Manhattan Branch, where he helped the the airport as business travelers, families, sen- branch organize a very special Women’s His- ior citizens, and the rest of us. Perhaps this HON. PETER T. KING tory Month event, ‘‘Love in the Time of HIV.’’ problem could be quickly resolved if every OF NEW YORK The tribute highlighted the strengths of ordi- cabinet secretary, every Member of Congress, IN THE HOUSE OF REPRESENTATIVES nary women winning the fight and contributing and every department head in the Obama ad- Wednesday, November 17, 2010 to their communities, while surviving with HIV/ ministration were forced to submit to the same AIDS. degrading screening process as the people Mr. KING of New York. Madam Speaker, I Madam Speaker, DeAnte´ Pierre Wilson, a who pay their salaries. rise today in recognition of Marvin Scott and giant of a man departed this life on Sunday, I warned at the time of the creation of the his fifty years of excellence in broadcast jour- November 7, 2010. As it is noted in his obit- TSA that an unaccountable government entity nalism. uary, DeAnte´ will be remembered for his ran- Marvin began his foray into journalism as a in control of airport security would provide nei- dom acts of kindness, his infectious smile, his 14-year-old in the Bronx, chasing celebrities ther security nor defend our basic freedom to willingness to strive for greatness, and his and fire trucks and selling his pictures to local travel. Yet the vast majority of both Repub- drive to push others to their own success. newspapers. Today, he is a seven time Emmy licans and Democrats then in Congress will- Please join me in celebrating the short-lived award winner in the category of outstanding ingly voted to create another unaccountable, life of this amazing spiritual man. journalistic achievement. He has covered 16 bullying agency—in a simple-minded and un- presidential nominating conventions, 8 may- f principled attempt to appease public passion oral elections, and 8 gubernatorial elections. in the wake of 9/11. Sadly, as we see with the INTRODUCING THE AMERICAN Among those he has interviewed include steady TSA encroachment on our freedom TRAVELER DIGNITY ACT former Presidents Jimmy Carter, Gerald Ford, and dignity, my fears in 2001 were justified. and George Bush Sr., as well as Dr. Martin HON. RON PAUL The solution to the need for security at U.S. Luther King, Jr., Israeli President Shimon OF TEXAS airports is not a government bureaucracy. The Peres, Henry Kissinger, Rev. Billy Graham, IN THE HOUSE OF REPRESENTATIVES solution is to allow the private sector, pref- Astronaut Gordon Cooper, Larry King, Sophia erably the airlines themselves, to provide for Wednesday, November 17, 2010 Loren, Tony Bennett, Charlton Heston, and the security of their property. As a recent arti- Jerry Lewis. Mr. PAUL. Madam Speaker, today I intro- cle in Forbes magazine eloquently stated, Among his assignments, Marvin was in duce legislation to protect Americans from ‘‘The airlines have enormous sums of money Wiesbaden, Germany after hostages were re- physical and emotional abuse by Federal riding on passenger safety, and the notion that leased from a hijacked TWA jet, and covered Transportation Security Administration employ- a government bureaucracy has better incen- the McDonald’s massacre in San Ysidro, Cali- ees conducting screenings at the Nation’s air- tives to provide safe travels than airlines with fornia in which a gunman killed 21 people. ports. We have seen the videos of terrified billions of dollars worth of capital and goodwill Over his remarkable half a century of dedica- children being grabbed and probed by airport on the line strains credibility.’’ In the mean- tion to journalism, Marvin has not simply cov- screeners. We have read the stories of Ameri- time, I hope we can pass this legislation and ered history, but has been a part of the impor- cans being subjected to humiliating body im- protect Americans from harm and humiliation tant stories and events of our time. He was aging machines and/or forced to have the when they choose to travel. the first American reporter since the demise of most intimate parts of their bodies poked and the Soviet Union to go to sea aboard a Rus- fondled. We do not know the potentially harm- f sian warship. His investigation into cheating ful effects of the radiation emitted by the new on New York citywide tests led to legislation PERSONAL EXPLANATION millimeter wave machines. making it a crime. In one recent well-publicized case, a TSA According to Marvin, the most difficult story official is recorded during an attempted body HON. DANNY K. DAVIS that he has had to cover was the terrorist at- search saying, ‘‘By buying your ticket you tacks of September 11th. In his own words: ‘‘I gave up a lot of rights.’’ I strongly disagree OF ILLINOIS wasn’t reporting something that was hap- and am sure I am not alone in believing that IN THE HOUSE OF REPRESENTATIVES pening in some far-off place, but it was here we Americans should never give up our rights Wednesday, November 17, 2010 and I was a part of the story, feeling the same in order to travel. As our Declaration of Inde- anger and pain as our viewers.’’ On the anni- pendence states, our rights are inalienable. Mr. DAVIS of Illinois. Madam Speaker, I versary of 9/11 he gained an exclusive by fly- This TSA version of our rights looks more like was unable to cast votes on the following leg- ing over Ground Zero in the back seat of an the ‘‘rights’’ granted in the old Soviet Constitu- islative measures on November 15, 2010. If I F–15. tions, where freedoms were granted to Soviet were present for rollcall votes, I would have I want to thank Marvin Scott for not only citizens—right up to the moment the state de- voted ‘‘yea’’ on each of the following: being a truly outstanding broadcast reporter cided to remove those freedoms. Roll 566, November 15, 2010: On Motion to and newsman, but for being a great storyteller The incident of the so-called ‘‘underwear Suspend the Rules and Pass, as Amended: S. and true personification of New York. Most im- bomber’’ last Christmas is given as justification 3689, To clarify, improve, and correct the laws portantly, I am proud to call Marvin and his for the billions of dollars the federal govern- relating to copyrights. wife Lorri my friends. ment is spending on the new full-body imaging f machines, but a Government Accountability Roll 567, November 15, 2010: On Motion to Office study earlier this year concluded that Suspend the Rules and Agree: H. Res. 1713, HONORING BRYAN EDWARD had these scanners been in use they may not Recognizing the 50th anniversary of Ruby O’TOOLE have detected the explosive material that was Bridges desegregating a previously all-White allegedly brought onto the airplane. Addition- public elementary school. HON. SAM GRAVES ally, there have been recent press reports call- Roll 568, November 15, 2010: On Motion to OF MISSOURI ing into question the accuracy and adequacy Suspend the Rules and Agree: H. Con. Res. IN THE HOUSE OF REPRESENTATIVES of these potentially dangerous machines. 328, Expressing the sense of the Congress re- My legislation is simple. It establishes that garding the successful and substantial con- Wednesday, November 17, 2010 airport security screeners are not immune tributions of the amendments to the patent Mr. GRAVES of Missouri. Madam Speaker, from any U.S. law regarding physical contact and trademark laws that were initially enacted I proudly pause to recognize Bryan Edward with another person, making images of an- in 1980 by Public Law 96–517 (commonly re- O’Toole. Bryan is a very special young man other person, or causing physical harm ferred to as the Bayh-Dole Act) on the occa- who has exemplified the finest qualities of citi- through the use of radiation-emitting machin- sion of the 30th anniversary of its enactment. zenship and leadership by taking an active
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Over the container garden, a worm box and composting f many years Bryan has been involved with bins. scouting, he has not only earned numerous Slide Ranch has weathered forty years of RECOGNITION OF NAVAL WEAPONS merit badges, but also the respect of his fam- changes in education, new environmental STATION EARLE ily, peers, and community. Most notably, challenges and the ups and downs of the Bryan has contributed to his community economy. It has survived because it not only HON. FRANK PALLONE, JR. through his Eagle Scout project. has kept pace with the need for a greater un- OF NEW JERSEY Madam Speaker, I proudly ask you to join derstanding of our environment and sustain- IN THE HOUSE OF REPRESENTATIVES me in commending Bryan Edward O’Toole for able food production, but because of the pas- Wednesday, November 17, 2010 his accomplishments with the Boy Scouts of sion and unending curiosity of its staff, gov- America and for his efforts put forth in achiev- erning board and donors—all who deserve our Mr. PALLONE. Madam Speaker, I rise today ing the highest distinction of Eagle Scout. thanks and congratulations today. Madam to recognize Naval Weapons Station Earle f Speaker, in Slide Ranch’s greenhouse, seeds (NWS Earle) based in Colts Neck, New Jersey from the garden are potted to produce the as they celebrate the 235th Anniversary of the HONORING THE 40TH next harvest. In its classrooms above the surf United States Navy. NWS Earle covers 10,160 ANNIVERSARY OF SLIDE RANCH or under the starry sky, in the thriving garden acres and promotes a long-standing history of or in the barn, the seeds of knowledge are aiding the country in combat. I applaud the HON. LYNN C. WOOLSEY planted for an unending bounty of bright work, achievements, and dedication NWS OF CALIFORNIA minds. Earle has provided the U.S. Navy, local com- IN THE HOUSE OF REPRESENTATIVES f munity, and State of New Jersey. Long before the beginning of the Second Wednesday, November 17, 2010 RECOGNIZING DR. M. RICHARD World War, officers in both the Army and Navy Ms. WOOLSEY. Madam Speaker, I rise SHAINK saw the need to establish a base for loading today to celebrate the 40th anniversary of a explosive ammunition. NWS Earle is strategi- unique institution that operates within the HON. DALE E. KILDEE cally located in the Port of New York, a focal boundaries of the Golden Gate National Rec- OF MICHIGAN point for all important rail lines throughout the reational Area to provide an educational blend IN THE HOUSE OF REPRESENTATIVES country. Thus, construction for the Naval Am- of sustainable agriculture and outdoor edu- munition Depot Earle—named in honor of cation. Wednesday, November 17, 2010 Rear Admiral Ralph Earle, Chief of the Bureau A former dairy farm perched on a south Mr. KILDEE. Madam Speaker, on Friday of Ordnance during the First World War, slope above the roiling Pacific Ocean, Slide October 22, the Association of Community began on August 2, 1943. Naval Ammunition Ranch has welcomed over 175,000 people College Trustees awarded the 2010 Marie Y. Depot Earle was later commissioned on De- from the inner city, suburbia and beyond to Martin Chief Executive Award to Dr. M. Rich- cember 13, 1943. The south side of Sandy participate in its summer camps and year- ard Shaink, the president and Chief Executive Hook Bay in the Leonardo section of Middle- round educational programs. Through the ef- Officer of Mott Community College in Flint, town was strategically chosen for the new forts of Marin Attorney Doug Ferguson and Michigan. At their Annual Community College Naval Ammunition Depot Earle, quickly be- Huey Johnson of the Nature Conservancy, the Leadership Congress the Association named coming the focal point for ordinance shipping, land was purchased and protected from com- him the best community college president/ loading the majority of ammunition used by mercial development, and founders Ed and CEO in North America. The citizens of Flint the allies for the invasion of Normandy. In Susie Washington-Smith created a 134-acre will hold a reception in his honor tomorrow to 1974, Earle’s name was officially changed to hands-on place to learn how to farm and care celebrate this achievement. Naval Weapons Station Earle. for Mother Earth. Along the way, the extended Dr. Shaink has served as President of Mott NWS Earle has tirelessly provided the U.S. family of the famed Grateful Dead, played a Community College since March 31, 2000. Navy with a safe location to house their mate- big role in building and sustaining Slide Ranch When he assumed the leadership position at rials and equipment. Today, the primary mis- with donations, manual labor and benefit con- the school, Dr. Shaink was faced with stabi- sion of the Naval Weapons Station Earle re- certs by members of the Dead. lizing the school and improving its financial po- mains the receipt, storage, segregation and Today, Slide Ranch offers a menu of family sition. He led the fight to bring increased rev- issuance of ordinance for all Carrier and Expe- outings, summer day camps and group pro- enue to the school, fought for federal, state ditionary Strike Groups of the U.S. Atlantic grams. The group programs, offered in spring, and private foundation grants and at the same Fleet, which includes the Navy, Marine Corps, summer and fall, are geared toward experien- time instituted cost saving measures across Coast Guard, and Department of Defense tial learning, which is especially suited to help the campus. A proponent of economic devel- conventional ammunition requirements. Naval young people appreciate the environment, opment, he identified the needs of employers Weapons Station Earle currently houses a make good choices about healthy foods and in the community and spearheaded the con- combined workforce of over 1,600 civilian, good agricultural practices. Students may struction of the college’s Regional Technology military and contractor personnel. They are learn how to turn compost piles, feed farm ani- Center to prepare students to enter the work- home to over 20 tenant units where they also mals, milk cows and make cheese. Kids from force. Prior to winning this award, Dr. Shaink support over 250 military personnel and de- the inner city may spend the first night of their was named the 2010 Central Regional Chief pendents in their housing. It is the hard work lives camping under the stars and breakfasting Executive Officer for the Midwest and Cana- of the people employed at NWS Earle that on their own hand-picked berries. dian Provinces. make it possible for the station to run smooth- The wild lands of Slide Ranch provide miles Madam Speaker, the Association of Com- ly and efficiently. Most recently, Naval Weap- of hiking trails and a rich coastal habitat adja- munity College Trustee Awards are given to ons Station Earle has provided its assistance cent to the waters of the Gulf of the Farallones those educators that have made extraordinary as the Department of Defense transshipment National Marine Sanctuary. Here are spectac- contributions to their colleges and higher edu- site for ordnance used in Operation Desert ular tide pools populated by still starfish, wav- cation. The selection of Dr. Shaink as the best Storm and Operation Iraqi Freedom. ing anemones and scuttling crabs, while off- community college president in North America NWS Earle and staff have tirelessly devoted shore, migrating whales display their spouts. is a testament to his leadership, innovation, their time to the community, epitomizing what The pride of Slide Ranch is its bountiful enthusiasm and commitment to making Mott it means to give back in time of need to pro- one-acre garden, now under cultivation for Community College a powerhouse of learning. tect our country. Madam Speaker, please join over 36 years without the use of pesticides or Flint is fortunate to have Dr. Shaink and his me in leading this body in acknowledgement chemical fertilizers. Using biodynamic and or- wife, Sally, live in the area and provide an ex- of the extraordinary contributions of NWS ganic methods of improving the soil and con- ample of excellence to the next generation. I Earle. The station is a valued component of
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17832 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 November 17, 2010 the State of New Jersey, and I am honored to the kind of advocate that the agriculture indus- and the Indianapolis community in honoring recognize them today. try needs on its side. I have come to know this Pastor Joy Thornton for these past 11 years of f man well since my days in the California State exemplary service as a teacher and a leader Legislature, and know firsthand that this of his congregation. HONORING THE DISTINGUISHED award, though meritorious, is only a small part SERVICE OF MARVIN MEYERS of the recognition Marvin deserves for his f many accomplishments. I offer my congratula- IS MOROCCO WHAT IT CLAIMS TO tions to Marvin Meyers today on receiving this HON. JIM COSTA BE? OF CALIFORNIA distinguished honor and commend him before IN THE HOUSE OF REPRESENTATIVES my colleagues for his contributions to the agri- HON. FRANK R. WOLF Wednesday, November 17, 2010 culture industry of California and to our Nation. f OF VIRGINIA Mr. COSTA. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES before my esteemed colleagues to recognize HONORING BROCK REYNOLDS and honor the distinguished service of an ex- WENZEL Wednesday, November 17, 2010 ceptional man. The contributions of this man Mr. WOLF. Madam Speaker, I submit for to the California agriculture industry and our HON. SAM GRAVES the RECORD an October 31 Reuters article that water resources epitomize the spirit of industri- OF MISSOURI describes a recent protest that occurred in ousness and persistence found in the agricul- Morocco. IN THE HOUSE OF REPRESENTATIVES tural communities across our country. I would The story opens with the following descrip- like to recognize Mr. Marvin A. Meyers on Wednesday, November 17, 2010 tion: ‘‘About 900 Moroccan rights activists took being named the recipient of the ‘‘2010 Agri- Mr. GRAVES of Missouri. Madam Speaker, to the streets in Rabat on Sunday in a rare culturist of the Year’’ award by the Greater I proudly pause to recognize Brock Reynolds protest against what they call widespread Fresno Area Chamber of Commerce. Wenzel. Brock is a very special young man rights abuses by the authorities, including ille- A leader in the development of private water who has exemplified the finest qualities of citi- gal detention and torture.’’ banking, Meyers, himself, farms on the zenship and leadership by taking an active The government of Morocco has long Westside of Fresno County in Mendota. Mey- part in the Boy Scouts of America, Troop 714, sought to cultivate its image, employing high- ers, who cares for 3,500 acres of almonds in and earning the most prestigious award of powered U.S. lobbyists, as a beacon of toler- the Firebaugh area, admits his impatience Eagle Scout. ance in the Muslim world. This human rights over finding a solution to water shortages Brock has been very active with his troop, protest is further evidence that Morocco isn’t drove him to begin developing a water bank. participating in many scout activities. Over the all that it claims to be. After years of preliminary work, including pilot many years Brock has been involved with Earlier this year the Moroccan government projects and working with the U.S. Bureau of scouting, he has not only earned numerous deported, without due process, dozens of U.S. Reclamation and other agencies, Meyers re- merit badges, but also the respect of his fam- citizens and foreign nationals, many of whom ceived federal approval in 2002 to begin oper- ily, peers, and community. Most notably, Brock were engaged in vital humanitarian work—for ating the bank. Meyers pumps water into the has shown an incredible determination by allegedly proselytizing. underground bank during wet years and earning his Eagle Scout while only 12 years If the government of Morocco hopes to pumps water out during dry years to help old. Brock has also contributed to his commu- maintain its image, it is going to take more make water available when farmers need it nity through his Eagle Scout project. Brock than some well-positioned lobbyists. most. The bank became invaluable last year tore out the old handicap-accessible ramp at MOROCCANS STAGE RARE HUMAN RIGHTS after three consecutive dry years and regu- the American Legion Hall in Edgerton, Mis- PROTEST latory decisions limited the availability of fed- souri and constructed a new ramp with a RABAT (Reuters)—About 900 Moroccan eral water to our Valley. Meyers’ hard work lower slope. rights activists took to the streets in Rabat and innovation has translated into the success Madam Speaker, I proudly ask you to join on Sunday in a rare protest against what of his operation and the continuation of a fam- me in commending Brock Reynolds Wenzel they called widespread rights abuses by the ily farm. The Agriculturist of the Year award is authorities, including illegal detention and for his accomplishments with the Boy Scouts torture. given each year to an individual who exempli- of America and for his efforts put forth in Protesters chanted: ‘‘Shut down illegal de- fies leadership and integrity and whose achieving the highest distinction of Eagle tention centres now!’’ and ‘‘Where is the re- achievements have significantly affected the Scout. spect for rights and truth?’’ community. The Greater Fresno Area Cham- f Officials were not immediately available to ber of Commerce has made a wise choice in comment on the protest but the government their selection of Meyers. HONORING PASTOR JOY L. THORN- has repeatedly said that its commitment to Meyers’ actions demonstrate his dedication TON ON HIS 11TH ANNIVERSARY improve and protect human rights is irre- to his community. He is a visionary, a person versible. ´ Morocco won international praise for an who epitomizes altruism and believes in giving HON. ANDRE CARSON improvement in its human rights record back to his community. Recently, I had the OF INDIANA since reformist monarch Mohamed VI took pleasure of visiting with Marvin and touring his IN THE HOUSE OF REPRESENTATIVES over in 1999 from his father Hassan during water bank and wildlife project near the out- whose rule hundreds of people were tortured skirts of Mendota, California. The impressive Wednesday, November 17, 2010 and killed at the hands of the government. project included five different holding pools all Mr. CARSON of Indiana. Madam Speaker: But local human rights groups at home conveyed via gravity and an installation of Whereas, Joy L. Thornton has faithfully and abroad argue that the country’s rights solar panels that was being erected as we served as Pastor for the Greater St. Mark Mis- record has deteriorated since 2003 when it mounted a crackdown against militants toured that day. Through his water bank and sionary Baptist Church in Indianapolis, Indiana linked to al Qaeda. wildlife refuge projects, Meyers educates since October 3, 1999; ‘‘The reality of human rights conditions groups of local students from kindergarten to Whereas, Joy L. Thornton dedicated his life totally belies the government’s claim of im- high school on the importance of water edu- to serving others after earning his degree from provement. Illegal detention, torture and cation and wildlife restoration. Going beyond Gammon Theological Seminary in Atlanta, crackdowns on press freedom are pervasive the call, Meyers offers assistance in transpor- Georgia; now,’’ said Abdeslam Abdelilah, Vice-Presi- tation costs for school buses to travel to and Whereas, Pastor Thornton is celebrating his dent of the independent Moroccan Human from his site, allowing many school districts 11th anniversary of leading the congregation Rights Association (AMDH). Independent journalists and security offi- and students affected by the recession the op- at the Greater St. Mark Missionary Baptist cials at the scene estimated the number of portunity to learn outside the classroom about Church as it strives to be an example of faith demonstrators at around 900. Security forces issues affecting our Valley. and respect; have in the past broken up similar protests Marvin Meyers is truly a remarkable man— Therefore, I join with the members of the but they did not interfere in Sunday’s dem- always persistent, always engaged. Marvin is Greater St. Mark Missionary Baptist Church onstration.
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0689 Sfmt 0634 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 17833 HONORING VIRGIL BRANTLEY ated with poor eating habits, a sedentary life- Feb. 2, 1918, in Brooklyn, N.Y., the son of style and obesity. Instead of bemoaning the Frank Castellano and Teresa DiVito and HON. STEVE AUSTRIA problem of obesity privately, Marta and Fred- moved to Warren, Ohio in 1944. OF OHIO eric used their knowledge and experience. Jerry retired in 1986 from the Trumbull IN THE HOUSE OF REPRESENTATIVES Marta, a nutritionist by trade, and Frederic, an County Board of Elections as a voting ma- experienced and successful filmmaker, be- chine official after 27 years. He previously Wednesday, November 17, 2010 lieved an interactive website encouraging chil- worked at Mullins Manufacturing. Mr. AUSTRIA. Madam Speaker, I rise today dren and their parents to properly scrutinize Jerry served our country with the finest dis- to recognize Mr. Virgil Brantley for his lifetime their eating habits could help in the fight tinction, a World War II U.S. Army veteran, commitment and service to the Xenia commu- against obesity. Therefore, FoodNMe’ was having served in the Asiatic-Pacific Theater. nity and state of Ohio. born. He expressed his faith in his worship at St. Mr. Brantley’s contributions to his country The aspect of the website deemed extraor- James Catholic Church. and the community are invaluable. He was an dinary is the ‘Smash Your Food’ tab, which al- He was in the Trumbull County Legends of active Board member and distinguished trust- lows users to gain an understanding of the nu- Leather Boxing Commissions, Trumbull Coun- ee emeritus of the Golden Age Senior Citi- tritional content of everyday foods—ham- ty Chapter of DAV Chapter 11, Amerital Club, zens, Inc. to which he worked countless hours burgers, pizza, French fries, and the like. This where he was president, and was a precinct to ensure the growth and success of the Xenia great tool is a creative way to educate parents committeeman for Precinct 5A. Adult Recreation and Services Center by as- and children about what’s in their food and en- He was an avid New York Yankees fan and sisting with construction of the tornado shelter courages them to make healthy dietary enjoyed woodworking, Italian classes, playing for the Center, developing a home-delivered choices. cards, spending time with his family and meals program and starting the tradition of Madam Speaker, I want to thank Marta and grandchildren, and also teaching and story- providing desserts for the Center’s monthly Frederic for creating a unique tool in the fight telling to his great-grandchildren. luncheons. Mr. Brantley was also a very well- against obesity. I’m proud to congratulate He is survived by and greatly missed by his respected Xenia Rotarian, friend and col- them for their good work. wife of 66 years, Esther Pagano Castellano; league. His civic, cultural, religious and edu- f his children, Teresa (William ‘‘Bill’’) Massucci cational endeavors over the many years never of Warren, Philomena (Gary) Lucariello of went unnoticed as the following list of awards HONORING ANDREW DUNCAN Warren, Frank P. Castellano of Warren and indicate: the Xenia Area Chamber of Com- IRELAND Jeri (David J.) Germano of Cortland; five merce Award, the Xenia Community Schools grandchildren, Angela (Jason) Menz, Marla Hall of Honor, Greene County Citizen of the HON. SAM GRAVES (Dan) Chain, Jim (Renee) Fogarty and Jenna Year, the Nutter Award, induction into the OF MISSOURI and Jacqueline Germano; four great-grand- Ohio Veterans Hall of Fame, nomination for IN THE HOUSE OF REPRESENTATIVES children, D.J., Dylan, Drew and Olivia; and many loving nieces, nephews and friends. His the American College of Health Care Adminis- Wednesday, November 17, 2010 tration and numerous others. parents, eight brothers and two sisters are de- Along with his natural penchant for civic en- Mr. GRAVES of Missouri. Madam Speaker, ceased. gagement, Mr. Brantley and his late wife, I proudly pause to recognize Andrew Duncan Madam Speaker, it is a great privilege to Helen, established Hospitality Homes in 1961. Ireland. Andrew is a very special young man honor such a wonderful human being, an avid The skilled-nursing and rehabilitation facility who has exemplified the finest qualities of citi- participant of democracy, a veteran, and has been a vital asset for seniors in the Xenia zenship and leadership by taking an active above all, a family man. Jerry Castellano was, area and has carried on the many great tradi- part in the Boy Scouts of America, Troop 81, indeed, a model American. tions that Mr. and Mrs. Brantley built it upon. and earning the most prestigious award of f Finally, as a husband, father of three, broth- Eagle Scout. er of four and grandfather to many, Mr. Andrew has been very active with his troop, RECOGNIZING MAYOR MORRIS Brantley demonstrated the importance of bal- participating in many scout activities. Over the VANCE ON THE OCCASION OF HIS ancing various obligations and activities with many years Andrew has been involved with RETIREMENT AS MAYOR OF THE the needs of family. His belief that service to scouting, he has not only earned numerous CITY OF VISTA his family and community is imperative to a merit badges, but also the respect of his fam- meaningful life has inspired many to follow his ily, peers, and community. Most notably, An- HON. DARRELL E. ISSA example. drew has earned the rank of Junior Assistant OF CALIFORNIA Thus, with great pride, I recognize Mr. Virgil Scout Master in his troop and Tom Tom Beat- IN THE HOUSE OF REPRESENTATIVES er in the Tribe of Mic-O-Say. Andrew has also Brantley for his lifetime of remarkable achieve- Wednesday, November 17, 2010 ments and his unparalleled contribution to our contributed to his community through his community. Eagle Scout project. Andrew devoted over 160 Mr. ISSA. Madam Speaker, I rise today to f hours to a shelter house at Squaw Creek Na- recognize the public service of Mayor Morris tional Wildlife Refuge, restoring it back to its Vance on the occasion of his retirement from FOODNME AND SMASH YOUR FOOD original architecture and cedar composition. the City of Vista. I commend Mayor Vance on Madam Speaker, I proudly ask you to join his 29 years of public service. HON. DAVID G. REICHERT me in commending Andrew Duncan Ireland for Starting with a Bachelor of Science in Polit- OF WASHINGTON his accomplishments with the Boy Scouts of ical Science from Brigham Young University IN THE HOUSE OF REPRESENTATIVES America and for his efforts put forth in achiev- and a Master of Public Administration from the ing the highest distinction of Eagle Scout. University of Southern California, Mr. Vance Wednesday, November 17, 2010 f began his career by serving in various local Mr. REICHERT. Madam Speaker, I rise government positions throughout the Los An- today applauding the work of a pair of con- IN HONOR OF JERRY CASTELLANO geles area. He joined the City of Vista as City stituents, Marta and Frederic De Wulf, who Manager in 1981, a post which he served for decided to use their many talents and passion HON. TIM RYAN 17 years. for education and healthy living to create a OF OHIO In the role as City Manager, Mr. Vance led website—foodnme.com—dedicated to the pur- IN THE HOUSE OF REPRESENTATIVES the establishment of the Vista Redevelopment suit of healthy living and interactive nutrition Agency and Redevelopment Project area, es- information. Their innovative work earned Wednesday, November 17, 2010 tablishment of the Vista Economic Develop- them a trip to the White House to be honored Mr. RYAN of Ohio. Madam Speaker, I rise ment Association (VEDA) and Downtown as a top winner in Michelle Obama’s ‘‘Apps for today in recognition of a dear friend, Jerry A. Commercial Revitalization Program, as well as Healthy Kids’’ contest. Castellano. Jerry was a wonderful husband, the development of a Business Park, Industrial Marta and Frederic teamed up because of grandfather, great-grandfather, uncle, and Park and a multi-tier Capital Improvement Pro- their understanding of the problems associ- friend to many, many people. He was born gram and Budgeting System.
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD 17834 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 November 17, 2010 Mr. Vance was then elected Mayor of Vista Academy exists as a vital source of oppor- ness well. Her hard work and dedication to in November of 2002. At the city helm, he tunity through academic achievement, and teaching and higher education has been rec- worked with officials to put the city on a also as a springboard of personal strength, ognized by University of Memphis president course for success. Critical programs include confidence and integrity for every young Shirley Raines, her colleagues and by many the Ask, Share, Know meeting program which woman who has ever entered its doors, bright- across the nation. Madam Speaker, I ask the provides a forum for residents to meet face-to- ening the futures of every student, and ulti- House to join me in congratulating Dr. Julia face with city officials and council members to mately, strengthening the foundation of our Heath on being selected as the 2010 Carnegie have their questions answered about current entire community. Foundation for the Advancement of Teaching and pending city projects. Mayor Vance was f Tennessee Professor of the Year. also instrumental in establishing Operation CONGRATULATING DR. JULIA A. f H.O.P.E., a temporary winter shelter for home- HEATH FOR BEING RECOGNIZED RECOGNIZING AND PAYING TRIB- less families and women by providing them an AS THE 2010 CARNEGIE FOUNDA- UTE TO THE LEGENDARY RUGBY opportunity to get back on their feet and lead TION FOR THE ADVANCEMENT PLAYER LA’AULI MICHAEL NIKO them toward self-sufficiency. OF TEACHING TENNESSEE PRO- JONES To improve community spirit and safety, FESSOR OF THE YEAR Mayor Vance led an effort to construct the new Vista Civic Center and two new fire sta- HON. ENI F.H. FALEOMAVAEGA tions. Along with the City Council, Mayor HON. STEVE COHEN OF AMERICAN SAMOA Vance worked to convert Vista into a Charter OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES City to gain the maximum amount of local au- IN THE HOUSE OF REPRESENTATIVES Wednesday, November 17, 2010 thority. Wednesday, November 17, 2010 Mr. FALEOMAVAEGA. Madam Speaker, I Wearing many hats, Mayor Vance also Mr. COHEN. Madam Speaker, I rise today rise today to recognize and pay tribute to the serves on the board of directors for the Re- to congratulate Dr. Julia A. Heath, University legendary rugby player La’auli Michael Niko gional Transportation Planning Authority, the of Memphis Fogelman College of Business Jones. On Monday, I had the privilege to wel- San Diego County Regional Airport Authority, and Economics professor, for being recog- come Mr. Jones, his wife Maliena and son the Encina Wastewater Authority and is a nized as the 2010 Carnegie Foundation for the Levi to the U.S. Capitol. Known to his fans longtime member of the Rotary Club of Advancement of Teaching Tennessee Pro- around the world as Iceman because of the Shadowridge Vista along with other regional fessor of the Year. Professors bestowed this calm and confident manner in which he played organizations. In 2009 he was honored by the award have demonstrated dedication to under- the game, but also because of the number of Boy Scouts of America with the Distinguished graduate teaching based on their impact on icepacks he needed for injuries, Jones was Citizen Good Scout of the Year title. and involvement with students, their scholarly born in Auckland, New Zealand. He first en- Madam Speaker, I ask you to please join approach to teaching and learning, their con- tered the rugby scene in 1986 as a 20-year me in honoring Mayor Morris Vance and his tribution to undergraduate education in the in- old and scored three tries in his debut for the 29 years of admirable public service to the stitution, community and profession, and their Auckland provincial side against South Canter- City of Vista. support from colleagues, current and former bury. His breakthrough performance at such a f undergraduate students. young age was a strong indicator of what lay Dr. Heath has contributed greatly to the in Jones’ future. Being of Samoan descent on IN HONOR OF THE 120TH ANNIVER- Fogelman College course selection. She de- his maternal side, Jones played for Manu SARY OF SAINT JOSEPH ACAD- veloped several new courses including ‘The Samoa in his first international debut instead EMY Economics of Sports’ and ‘Men, Women and against Wales. Since then, his rugby career Work.’ She is in the process of developing an took off, leading him to become one of the HON. DENNIS J. KUCINICH Economics and Law course that will be added greatest rugby players of all time. OF OHIO to the department’s elective rotation in spring Jones first played for the New Zealand All IN THE HOUSE OF REPRESENTATIVES 2011. Professor Heath developed and taught Blacks in the inaugural World Cup in 1987 and scored the first try of the tournament. As an Wednesday, November 17, 2010 a Ph.D. Teaching Seminar for the teaching as- sistants in the College where she would tape open side flanker, Jones was well known for Mr. KUCINICH. Madam Speaker, I rise each student and provide individual feedback. powerfully running through the heart of the today in honor and recognition of the 120th Professor Heath has worked diligently to ad- backline defense and then finding space to anniversary of Saint Joseph Academy—the vance financial literacy for school children offload. With the ball in hand, he had the fi- only all-girl Catholic high school in the City of across the state of Tennessee. Serving as the nesse and judgment of an inside or outside Cleveland. director of the Center for Economic Education center. His bone crunching tackles on defense Saint Joseph Academy was formed in 1890, at the University of Memphis, she initiated the were feared by opponents. In a sport in which when the Sisters of the Congregation of St. Smart Tennessee program which has provided the individual must exhibit both defensive and Joseph created a secondary school for young financial literacy instruction to elementary, offensive skills, Jones exemplified the com- women, focused on academic excellence, and middle and high schools across the state. In plete rugby player. built upon a foundation of faith, social justice, recognition of her dedication to financial lit- Despite the many accolades he received as and service to others. eracy, she was named Educator of the Year a result of his on-field feats, Jones was well The mission of Saint Joseph Academy, with by The Institute for Financial Literacy, receiv- known for holding true to his religious beliefs a focus on young women becoming leaders in ing its Excellence in Financial Literacy Edu- and values. As a devout Christian, and in line the community, was dramatically ahead of its cation Award. with a promise he made to his dying father, time. Today, the school has grown in size and This most recent award will be added to her Jones never played on Sunday. Staying firm in in scope of programs offered, but the core already impressive list of honors. In addition to these convictions, however, sometimes mission has remained the same: to mentor being named Educator of the Year, Dr. Heath brought criticism from the media and often young women in a positive and creative at- was the winner of the 2010 University of Mem- created problems for the New Zealand Rugby mosphere, as they transition to becoming re- phis’ Distinguished Teaching Award. She re- Union. His unwavering beliefs under pressure sponsible, independent and compassionate ceived the 2008 Elzinga Award by the South- stand as a testament to his commitment and leaders; to hone their academic and inter- ern Economic Association—the economic dis- sacrifice. personal skills; and to reach their goals and cipline’s highest recognition of teaching excel- Throughout his rugby career, Jones exem- dreams with personal commitments to justice, lence. Dr. Heath is also the recipient of The plified commitment, sacrifice, and love for edu- equality, compassion and integrity. Thomas W. Briggs Teaching Excellence cation, religion, family and country both on Madam Speaker and colleagues, please join Award, the Teaching Excellence Fellowship and off the field. He holds a Bachelor of Plan- me in honor and recognition of all students, and has been named Senior Fellow for Rede- ning (B. Plan), a Bachelor of Arts (B.A.) and staff and administrators of Saint Joseph Acad- fining Progress. a Master of Arts (M.A.) from the University of emy of Cleveland, Ohio, past and present, as Dr. Julia Heath has represented the Univer- Auckland and in 1997 was honored by his uni- we celebrate their 120th anniversary. The sity of Memphis Fogelman College of Busi- versity with a Distinguished Alumni Award.
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD November 17, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 12 17835 This past weekend, Jones was invited as a St. John’s Theological College in Auckland, SENATE COMMITTEE MEETINGS special guest to participate in the 14th Annual where he graduated with a Licentiate in The- Ambassador’s Shield Match Day, which fea- ology, L.Th., in 1958. After serving as a dea- Title IV of Senate Resolution 4, tures a rugby match pitting the New Zealand con in Tokoroa, New Zealand, he was or- agreed to by the Senate on February 4, Ambassador’s XV against a combined selec- dained a priest in 1960 and served two 1977, calls for establishment of a sys- tion of professional U.S. rugby players in order curacies in England. During this time, Sir Paul tem for a computerized schedule of all to celebrate New Zealand culture and raise enrolled in St. Peter’s College at the University meetings and hearings of Senate com- support for the rugby program at the Hyde of Oxford where he received another M.A. as mittees, subcommittees, joint commit- Leadership Public Charter School in Wash- an Honorary Fellow. He returned to New Zea- tees, and committees of conference. ington, DC. land to become the Vicar of Okato St. Paul, This title requires all such committees f lecturer at St. John’s College and an edu- to notify the Office of the Senate Daily cational director for the Anglican Diocese of PAYING TRIBUTE TO THE RIGHT Digest—designated by the Rules Com- Auckland. In 1971, he was consecrated to the REVEREND AND HONORABLE SIR mittee—of the time, place, and purpose episcopate, becoming the Bishop of Waiapu. PAUL ALFRED REEVES, CHAN- of the meetings, when scheduled, and From 1980–1985, Sir Paul served as Arch- CELLOR OF AUCKLAND UNIVER- any cancellations or changes in the bishop and Primate of New Zealand, with full SITY OF TECHNOLOGY meetings as they occur. oversight of the Church’s affairs throughout the country. Queen Elizabeth II subsequently As an additional procedure along HON. ENI F.H. FALEOMAVAEGA appointed him to be the Governor-General of with the computerization of this infor- OF AMERICAN SAMOA New Zealand, a post which he held until 1990. mation, the Office of the Senate Daily IN THE HOUSE OF REPRESENTATIVES As Governor-General, he acted as the Digest will prepare this information for Wednesday, November 17, 2010 Queen’s representative in New Zealand and printing in the Extensions of Remarks Mr. FALEOMAVAEGA. Madam Speaker, I the de facto head of state. Sir Paul was the section of the CONGRESSIONAL RECORD rise to pay tribute to the Right Reverend and first and, to date, only person of Maori descent on Monday and Wednesday of each Honorable Sir Paul Alfred Reeves, current to hold this highly esteemed position. week. Chancellor of Auckland University of Tech- Sir Paul was elected as Chancellor of AUT Meetings scheduled for Thursday, No- nology, AUT. It was my high honor and privi- in 2005 and two years later he received his lege to welcome this distinguished gentleman country’s greatest honor when he was admit- vember 18, 2010 may be found in the to Capitol Hill on Monday. Sir Paul came to ted to the Order of New Zealand. Daily Digest of today’s RECORD. Washington, D.C. in partnership with New Sir Paul’s understated dignity, quiet de- Zealand’s ambassador to the United States to meanor and ability to carefully listen to others MEETINGS SCHEDULED support the 14th annual Ambassador’s Shield belie the highly distinguished political and ec- DECEMBER 1 Rugby Match. clesiastical positions that he has held through- 10:30 a.m. Sir Paul, who has given a lifetime of es- out his career. It is with great admiration that Commerce, Science, and Transportation teemed public service, attended Victoria Uni- I submit this statement to pay tribute to Sir To hold hearings to examine transition versity of Wellington where he received his Paul Reeves and offer this good man my very and implementation, focusing on the B.A. in 1955 and M.A. in 1956. He then began best wishes as he continues his legacy of self- NASA Authorization Act of 2010. to pursue ordination in the Anglican Church at less public service. SR–253
VerDate Mar 15 2010 13:31 Aug 26, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0689 Sfmt 0634 E:\BR10\E17NO0.000 E17NO0 WREIER-AVILES on DSK5TPTVN1PROD with BOUND RECORD