June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12313 SENATE—Wednesday, June 30, 2010

The Senate met at 9:30 a.m. and was turn to a period of morning business consent. It is the end of the month called to order by the Honorable MARK for 2 hours, with Senators during that today, and we should get this done. I BEGICH, a Senator from the State of period of time allowed to speak for up hope we can do that. Alaska. to 10 minutes. Following morning busi- As many people are aware, Senator ness, the Senate will proceed to execu- BYRD will lay in repose in the Senate PRAYER tive session and will debate the nomi- Chamber from 10 a.m. until 4 p.m. to- The Chaplain, Dr. Barry C. Black, of- nation of GEN David Petraeus. There morrow. The family will be in the fered the following prayer: will be up to 20 minutes for debate Chamber from 10 a.m. until 12 noon. Let us pray. prior to a vote on confirmation of the Members are encouraged to pay their Eternal and blessed God, in the midst nomination. Senators should expect respects to the family from 10:15 a.m. of our days of labor, we are grateful for that vote to occur around noon today. until 12 noon. opportunities to pray. As a reminder to all Senators, last Senate staff with floor privileges and As our lawmakers grapple with press- evening I filed cloture on unemploy- a congressional ID are invited to pay ing issues, give them the wisdom to ment insurance and the home buyer respects from the Senate floor and seek Your guidance and to depend upon tax credit extension. That vote would should enter the Chamber through the Your direction. Respond to their peti- occur tomorrow unless we arrange, by north door of the Capitol. Members of tion by undergirding them with Your unanimous consent, sometime today to the public and Senate staff without enabling might, empowering them to do this. I will work with the Repub- floor privileges are invited to pay trib- exercise responsible stewardship of lican leader on an agreement that ute to Senator BYRD from the Senate their influence by striving to be lights would let us vote on that issue today if galleries from 10:15 a.m. until 3:45 p.m. in a dark world. Open their ears and the minority is so determined. The public and staff without floor hearts this day to hear Your voice and We will also be able to resume con- privileges should enter via the Capitol obey Your commands, strengthening sideration of the small business jobs Visitor Center. them to make their utmost contribu- bill this afternoon. We will consider f tion to healing a hurting world. amendments. Rollcall votes are ex- MEASURE PLACED ON THE We pray in Your great Name. Amen. pected to occur throughout the after- CALENDAR—H.R. 5623 f noon and into the evening. Mr. REID. Mr. President, as I indi- PLEDGE OF ALLEGIANCE I say to Democratic Senators, we were looking yesterday for an amend- cated, H.R. 5623, the Homebuyer Assist- The Honorable MARK BEGICH led the ment, but none was available. So I ance and Improvement Act, is at the Pledge of Allegiance, as follows: agreed to have something happen in desk. I believe it is due for a second I pledge allegiance to the Flag of the the interim and let the Republicans reading. United States of America, and to the Repub- offer amendments if we have none The ACTING PRESIDENT pro tem- lic for which it stands, one nation under God, ready or offered. I hope we will also be pore. The Senator is correct. The clerk indivisible, with liberty and justice for all. able to resume consideration of this will read the title of the bill for the f matter and make headway. It is ex- second time. APPOINTMENT OF ACTING tremely important that we do that. The assistant legislative clerk read PRESIDENT PRO TEMPORE On unemployment compensation, we as follows: The PRESIDING OFFICER. The really need to do this. I have had a A bill (H.R. 5623) to amend the Internal number of conversations with Senators Revenue Code of 1986 to extend the home- clerk will please read a communication buyer tax credit for the purchase of a prin- to the Senate from the President pro from individual States about how dif- ficult it is for them to have these long- cipal residence before October 1, 2010, in the tempore (Mr. INOUYE). case of a written binding contract entered The assistant legislative clerk read term unemployed no longer having into with respect to such principal residence the following letter: anyplace to go for help, and there are before May 1, 2010, and for other purposes. newspaper articles about people who U.S. SENATE, Mr. REID. Mr. President, I would at PRESIDENT PRO TEMPORE, are desperate throughout America. So I this time object to any further pro- Washington, DC, June 30, 2010. hope we can do something on that. ceedings. To the Senate: We have here, and I will call for it in The ACTING PRESIDENT pro tem- Under the provisions of rule I, paragraph 3, a little bit, the reading of the bill we of the Standing Rules of the Senate, I hereby pore. Objection is heard. The bill will got from the House of Representatives be placed on the calendar. appoint the Honorable MARK BEGICH, a Sen- dealing with extending the first-time ator from the State of Alaska, to perform home buyer tax credit. That will allow f the duties of the Chair. RECOGNITION OF THE MINORITY DANIEL K. INOUYE, the paperwork to be completed. There President pro tempore. is significant support on the other side LEADER Mr. BEGICH thereupon assumed the for this, and I would hope we could do The ACTING PRESIDENT pro tem- chair as Acting President pro tempore. this by consent. If not, it will be part pore. The Republican leader is recog- of the vote we have on unemployment f nized. compensation. There is no effort to do f RECOGNITION OF THE MAJORITY anything other than to get these two LEADER matters passed. So I would hope my CAP AND TRADE The ACTING PRESIDENT pro tem- friends on the other side of the aisle Mr. MCCONNELL. Mr. President, yes- pore. The majority leader is recog- would consider just letting us do the terday, President Obama invited a nized. home buyers assistance, the thing that group of Senators down to the White f passed the House. It is paid for. It has House to talk about the kind of energy been agreed to by Democrats and Re- bill he would like Congress to pass SCHEDULE publicans. It passed the House last sometime this summer. Mr. REID. Mr. President, following night with 400 votes—400 votes. So I The first thing we heard about this leader remarks, if any, the Senate will would hope we could get that done by meeting is that the President said it

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

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12314 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 was not a meeting about the oilspill. is to minimize the damage from the oil technology to the world, they are now Let me say that again. The President that reaches the shores. And the fourth at 50 percent of the value of our annual said the purpose of this meeting was most important thing is to find out aircraft exports. China has decided not to discuss the ongoing crisis in the who did what wrong, at BP and in the that the future of the world is based on Gulf of Mexico, where up to 60,000 bar- Federal Government, and to hold them new, clean energy technology, and they rels of oil are spewing into the gulf accountable. are doing something about it. They waters each and every day, and which But the first thing is to fix the leak. don’t come to their leadership and squabble, at least not in a public fash- have been for 72 days now. f Senator ALEXANDER had to raise the ion; they get focused—focused on cre- issue himself, only to be dismissed by RESERVATION OF LEADER TIME ating businesses and jobs and being the President. Well, I am sure that will The ACTING PRESIDENT pro tem- ready to compete in the 21st century. be of great comfort to the people of the pore. Under the previous order, the The third premise of our energy pol- gulf coast. When the President called leadership time is reserved. icy goes to something on which the Senators to the White House to talk Senator from Kentucky may or may about energy, I am sure most people in f not agree with me. I happen to believe the gulf thought the crisis down there MORNING BUSINESS the activities of humans on this Earth would at least be a topic of discussion. make a difference when it comes to the The ACTING PRESIDENT pro tem- Evidently, they were wrong. planet. I happen to believe when we The second thing we heard about the pore. Under the previous order, there look at glacial melt around the world, meeting is that the President made will now be a period of morning busi- it reflects the fact that the world is what was described as a ‘‘very pas- ness, with Senators permitted to speak changing. Ever so gradually, it is get- sionate’’ argument in favor of ‘‘putting therein for up to 10 minutes each. ting warmer. As the Earth increases its a price on carbon.’’ This, of course, is The Senator from Illinois. temperature, it changes weather pat- code for the new national energy tax f terns, the currents of the oceans, the land we live on, the crops we grow, and commonly referred to around here as ADDRESSING THE ISSUES cap and trade. our future. Some people don’t accept This is what the meeting was really Mr. DURBIN. In response to the Re- that. Some don’t see a connection. about. And those of us who said that publican leader’s speech, I have three They don’t believe any of the carbon this is also what the President was words: Drill, baby, drill. That was the released into the atmosphere creates a talking about in his Oval Office speech chant we heard across the United problem. I have met many of them. a couple weeks ago were right: when States from the Republican side of the Some are people who in good faith the President urged Americans to view aisle during the last Presidential cam- don’t come to the same conclusion I the gulf oilspill as a reason to embrace paign. The notion was that if we just reach. I respect them, but I respect- his vision of energy consumption in started drilling in every direction, we fully think they are wrong. this country, he was talking about giv- could solve America’s energy problems. What have we learned from the gulf ing government vast new powers over It was an irresponsible chant, failing to crisis? We have learned a lot. Yester- industry and over the everyday lives of address the most fundamental issue of day I had one of the vice presidents of Americans through a new national en- our time: the future of America’s na- BP America in my office. I talked to ergy tax. tional energy picture. him about how we have reached this In other words, at a moment when What you heard this morning from point. I said: When we have reached the the American people were hoping to the Republican leader is a return to the point where we are drilling deep, going hear about what the White House was subject but ignoring the past. What we after the tough, deep oil to fuel our doing to fix the oil leak in the gulf, the know is this: We know we have become economy and its needs, we are engen- President was using that moment to more and more dependent on foreign dering more problems and more chal- prepare the ground for yet another oil. It costs us, as a Nation, $1 billion a lenges than before. Had there been a piece of legislation that would expand day that we are sending overseas to spill of oil in downstate Illinois or in the reach of government, and which other countries to buy their oil to sus- Alaska or Texas, it would have been would do absolutely nothing to solve tain our economy. This dependence, terrible, but it could have been con- the crisis at hand. unfortunately, leads to commitments tained much more quickly than this The leak still is not fixed. For more we have to make—military commit- gusher of oil coming from the floor of than 2 months, this pipe has gushed oil ments, political commitments, eco- the Gulf of Mexico. As we explore in into the gulf, polluting our waters and nomic commitments—because of this new areas, tougher, more challenging our beaches, wreaking havoc on the dependence on foreign oil. areas, we run greater risk. That is a re- lives and livelihoods of millions along The second reality is this: We under- ality. the gulf. I think it is most people’s stand there is a new, emerging energy I take exception to the remarks of view that the left-wing wish-list can technology in the 21st century. It is an the Senator from Kentucky who sug- wait. Fixing this immediate problem energy technology based on efficiency, gested this administration is not doing should be the top priority right now. economy, and the reduction of costs. everything in its power to deal with One of the President’s senior advisers There are other countries in the world this spill in the gulf. Let’s look at what said the other day that when the Presi- that are taking the lead in this area, we have done. This President called in dent was elected, he had to deal with not the least of which is the nation of BP and made it clear that the cost of problems that had been put off for too China. this damage will be borne by that oil long. But the administration needs to I recently heard from MICHAEL BEN- company, not by the taxpayers. I was solve the most urgent problems first, NET of Colorado, who spoke to us at a pleasantly surprised when the Gov- and the most urgent problem is not a Democratic Senate luncheon. He came ernor of Mississippi, Haley Barbour, a new national energy tax, it is the crisis up with a statistic which in many ways man who in the past was as passionate in the gulf. is hard to believe but equally scary, in his beliefs as I am in my Democratic Former President Clinton had it and here is what it is: The largest ex- beliefs, came out and praised President right the other day. He said the Fed- port of the United States of America of Obama for sitting down with BP and eral Government’s position on this any product is in the aircraft industry. getting a commitment of $20 billion in issue ought to be very straightforward. Look at Boeing. Look at all of the air- a fund to deal with the economic losses The most important thing, he said, is craft we are exporting around the associated with this spill. BP has to fix the leak. The second most impor- world. It is our major export. Yet if bought commercials that most of us tant thing is to keep oil away from the you compare our major export to the have seen saying: We will pay for this, shores. The third most important thing export by China—by China—of energy all of it. I don’t know if the Senator

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But as the Senator from tackled the tough and controversial budget hole of some $112 billion, but neither Kentucky knows, we don’t have a U.S. issue of containing health care costs, the House nor the Senate has a plan to help. department of deep sea drilling. It runaway costs that are affecting every The House stripped a provision for $24 billion doesn’t exist. What we are relying on is business, every family and every level in state fiscal aid from its earlier spending the private sector’s capacity, tech- of government, Republicans said: No, bill. The Senate included state aid in its ill- nology, equipment, and expertise to fated bill to extend unemployment benefits; we will not engage. We will not be part when that bill failed, the promise of aid van- find a way to cope with this problem. I of that conversation. ished as well. am as frustrated as any American that When we went after Wall Street re- As a result, 30 states that had counted on on day 75 of this spill, it has not come form and said: After this recession, we the money to help balance their budgets will to an end. But it continues. The Presi- have learned lessons; we will not allow be forced to raise taxes even higher and to dent focuses on this every day, as does these titans on Wall Street to repeat cut spending even deeper in the budget year his Cabinet. their mistakes and kill more jobs in that begins on July 1. That will only worsen Yesterday we had a meeting with In- the future, all but four Republicans unemployment, both among government workers and the states’ private contractors. terior Secretary Ken Salazar. The man said: No, we are not interested in that Worsening unemployment means slower has spent day after weary day devoting conversation. We don’t want to be part growth, or worse, renewed recession. himself completely to this. Carol of that effort. So if lawmakers are wondering why con- Browner, an environmental assistant Now we find again, in one of the most sumer confidence and the stock market are in the White House, was there talking telling and important issues of the mo- tanking (the Standard & Poor’s 500-stock about the massive commitment which ment, unemployment compensation for index hit a new low for the year on Tuesday), we have made. She was asked point- they need look no further than a mirror. the hundreds of thousands of Ameri- The situation cries out for policies to sup- blank: Are you providing the booms, cans out of work, Republicans have port economic growth—specifically jobless the things they spread out in the water said, no, we will not lend a helping benefits and fiscal aid to states. But instead to stop the flow and spread of this oil, hand to the people of America out of of delivering, Congressional Republicans and are you supplying all of the booms re- work. many Democrats have been asserting that quested by all of the States in the Gulf I look at the numbers of those who the nation must act instead to cut the def- of Mexico? are unemployed across the country, icit. The debate has little to do with eco- She said: We are supplying not only who will lose their benefits because Re- nomic reality and everything to do with po- 100 percent of their requests but over publicans continue to say no. I look at litical posturing. A lot of lawmakers have concluded that the best way to keep their 100 percent of their requests, and we States such as Kentucky, the home jobs is to pander to the nation’s new populist are going to continue to manufacture State of the Republican leader, where mood and play off the fears of the very and secure this boom to protect our 22,600 Kentucky families had their un- Americans whose economic well-being Con- shoreline. She said: Of course, we employment cut off because Senator gress is threatening. haven’t done everything right, but MCCONNELL and his colleagues voted no Deficits matter, but not more than eco- when we see a problem, we move on it when it came to extending unemploy- nomic recovery, and not more urgently than quickly to try to solve it. ment benefits. In my State of Illinois, the economic survival of millions of Ameri- We are talking about the commit- cans. A sane approach would couple near- 80,000 families had their unemployment term federal spending with a credible plan ment of thousands of vessels to skim cut off this month because Republicans for deficit reduction—a mix of tax increases the surface of the gulf and to try to said no. One of my friends who is a and spending cuts—as the economic recovery salvage as much of this oil as possible. woman out of work, with a family, takes hold. It is a massive national commitment called me over the weekend at home. But today’s deficit hawks—many of whom by our government, by the private sec- We keep in touch. She said: Let me tell eagerly participated in digging the deficit tor. The suggestion of the Senator you, Senator, what it means. They are ever deeper during the George W. Bush from Kentucky that the President is years—are not interested in the sane ap- cutting off the utilities. I don’t know proach. In the Senate, even as they blocked not focused on it is not accurate nor what to do. Three kids in the house and the extension of unemployment benefits, fair. a grandson, and they are cutting off they succeeded in preserving a tax loophole I believe we need to focus on energy. my utilities. that benefits wealthy money managers at We need to be honest about the future That is the real world of the real private equity firms and other investment when it comes to energy. If we accept votes cast by the other side of the partnerships. They also derailed an effort to the premise that we will continue to be aisle. end widespread tax avoidance by owners of dependent on foreign oil indefinitely, This morning the New York Times small businesses organized as S-corpora- that we will spend a billion dollars a had an editorial which I want to make tions. If they are really so worried about the day, sending it to many countries deficit, why balk at these evidently sensible reference to. I ask unanimous consent ways to close tax loopholes and end tax which not only disagree with us in that this editorial be printed in the avoidance? terms of our values but turn around RECORD. House lawmakers made an effort on Tues- and spend our dollars against us to fos- There being no objection, the mate- day to extend jobless benefits but failed to ter and to be patrons to terrorism, if rial was ordered to be printed in the get the necessary votes, and it remains un- we accept that, then we will do nothing RECORD, as follows: certain if an extension can pass both the House and Senate before Congress leaves about a national energy policy. If we [From the New York Times, June 30, 2010] accept the premise that we should do town on Friday for a weeklong break. What’s WHO WILL FIGHT FOR THE UNEMPLOYED? needed, and what’s lacking, is leadership, nothing about clean energy technology Without doubt, the two biggest threats to both in Congress and from the White House, and all the potential for business and the economy are unemployment and the dire to set the terms of the debate—jobs before jobs it creates, that America is going financial condition of the states, yet law- deficit reduction—and to fight for those to take a back seat to China and other makers have failed to deal intelligently with terms, with failure not an option. countries, then we will do nothing either one. Mr. DURBIN. The New York Times Federal unemployment benefits began to about the national energy policy. If we editorial today reads: ‘‘Who Will Fight accept the premise that there is no expire nearly a month ago. Since then, 1.2 million jobless workers have been cut off. for the Unemployed?’’ global warming and we should not lose The House passed a six-month extension as I want to quote a few sentences from a moment’s sleep worrying about it, part of a broader spending bill in May, but it: then we will do nothing about a na- the Senate, despite three attempts, has not Without doubt, the two biggest threats to tional energy policy. been able to pass a similar bill. The majority the economy are unemployment and the dire

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12316 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 financial condition of the states, yet law- and small business jobs. One thing through no fault of their own. Where makers have failed to deal intelligently with leads to another as the multiplier they would find permission to spend either one. takes that dollar, respends it many money on so many other things, when Federal unemployment benefits began to expire nearly a month ago. Since then, 1.2 times in our economy and breathes life it comes to investing in American fam- million jobless workers have been cut off. back into an economy which has been ilies who have fallen on hard times, The House passed a six-month extension as fraught with a recession. That is the they turn a deaf ear. That, to me, is part of a broader spending bill in May, but reality of the need today. The failure sad and unfortunate. We need to ad- the Senate, despite three attempts, has not to meet that need will guarantee the dress many issues in this Congress. It been able to pass a similar bill. The majority deficit continues and gets worse. It will troubles me that we would consider leader, HARRY REID, said he was ready to be a self-fulfilling prophecy as Repub- going home for anything near a holiday give up after the third try last week when all licans turn down unemployment bene- of the Senate’s Republicans and a lone Dem- or a relief from our Senate duties and ocrat, BEN NELSON of Nebraska, blocked the fits, arguing that we can’t afford it as ignore the burdens facing Americans bill. a nation because of the deficit and, as who are in unemployed status or who Meanwhile, the states face a collective a result, drive up unemployment in the have trouble in their families because budget hole of some $112 billion, but neither country, driving up the very deficits of this weak economy. the House nor the Senate has a plan to help. they say they want to end. It is a les- I sincerely hope a handful—three or The House stripped a provision for $24 billion son of history. Those who ignore his- four Republicans—will consider voting in state fiscal aid from its earlier spending tory are likely and condemned to re- bill. The Senate included state aid in its ill- for unemployment benefits for those fated bill to extend unemployment benefits; peat it. across America who are out of work. when that bill failed, the promise of aid van- Returning to this New York Times We come to the aid of the American ished as well. editorial: family when people are in need. When As a result, 30 states that had counted on So if lawmakers are wondering why con- there is a natural disaster, we are the money to help balance their budgets will sumer confidence and the stock market are there. This is an economic disaster. It be forced to raise taxes even higher and to tanking (the Standard & Poor’s 500-stock cut spending even deeper in the budget year index hit a new low for the year on Tuesday), requires an emergency response. We that begins on July 1. That will only worsen they need look no further than a mirror. should not leave Washington without unemployment, both among government The situation cries out for policies to sup- dealing with it. workers and the states’ private contractors. port economic growth—specifically jobless Mr. President, I yield the floor. Worsening unemployment means slower benefits and fiscal aid to states. But instead The PRESIDING OFFICER (Mr. growth, or worse, renewed recession. of delivering, Congressional Republicans and UDALL of New Mexico). The Senator I might add a comment here. This many Democrats have been asserting that from Alaska is recognized. morning’s newspapers, the Washington the nation must act instead to cut the def- Mr. BEGICH. Mr. President, I say to Post and the New York Times, at least icit. The debate has little to do with eco- the Senator from Illinois, I was pre- nomic reality and everything to do with po- the ones I have seen, and the Chicago litical posturing. A lot of lawmakers have siding for about a half hour. I was not papers as well, question what the reac- concluded that the best way to keep their planning on speaking. I know my staff tion of our economy is going to be. jobs is to pander to the nation’s new populist right now is getting very nervous that They looked at the stock market yes- mood and play off the fears of the very I am speaking on the floor of the Sen- terday. One day does not make a trend, Americans whose economic well-being Con- ate without their knowledge, but I do but there is a growing concern that we gress is threatening. want to say a couple things. are sliding back into a recession be- Deficits matter, but not more than eco- I say to the Senator, one, he is abso- cause of the failure of Republicans to nomic recovery, and not more urgently than the economic survival of millions of Ameri- lutely right on unemployment benefits support not only the President’s stim- cans. A sane approach would couple near- and what we need to do in the next day ulus package but also to send unem- term federal spending with a credible plan or so. But I want to go back to his first ployment benefits to those needy peo- for deficit reduction—a mix of tax increases comment. I was at the meeting yester- ple across America. This is a repeat, and spending cuts—as the economic recovery day with the President, and I sat next unfortunately, of a chapter in Amer- takes hold. to Senator ALEXANDER and heard the ican history when after the Great De- This New York City editorial summa- question on the oilspill issue. The com- pression, President Roosevelt initiated rizes what I consider the situation. In a ment from the Republican leader was the New Deal and injected into our short period of time, after the memo- that the President just brushed it economy massive amounts of money to rial to our fallen colleague Senator aside. I am not here to defend the create jobs so people would go to work, BYRD, who served this Nation and West President. He can do his own job de- earn a paycheck, and spend it for goods Virginia so well, we will probably have fending himself. But the point was, we and services, breathing life back into a one vote tomorrow evening and then were doing everything in a very bipar- dying economy, trying to turn it head back to our homes. For many peo- tisan way on the oilspill. around. After 4 years of that effort, ple it will be a time of relaxation with Tomorrow we have another briefing President Roosevelt, at the urging of family. For many Senators it is a rest with the Coast Guard. We had a brief- more conservative political leaders, that is needed after a lot of days spent ing yesterday. There is a committee said: We better start focusing now on in session in the Senate. As we return, meeting I am supposed to be at right the deficit. They started tapping the in my home State, 80,000 families won’t now on some liability issues around the breaks on spending, and the unemploy- be celebrating the Fourth of July. Deepwater and what is going on with ment rate shot up again, creating a fol- They will be wondering how they are offshore. There are meetings all over low-on to the Great Depression which going to pay their utility bills and feed this place. was not relieved until the beginning of their families. For the rest of us who I know the Republican leader was not World War II. live in comfort, full-time employment, at the meeting, so I am sure he got the Sadly, it appears we are about to re- it may be a world removed. But for information secondhand. But I was. It peat that historical mistake. We know them, it is the world of reality they was not brushed off. I think all of us, I Republicans continue to argue that be- face every single day. Their life has be- do not care what State we are from—I cause of our deficit, we should not come more complicated, and their bur- am from an oil and gas State—believe worry about the recession or spending den is heavier because this Senate has in the development of oil and gas, but money to stimulate the creation of failed to extend unemployment bene- we are all concerned about the prob- jobs. The money we send out to unem- fits. lems down in the gulf and the tragedy ployed people is turned around imme- Mr. President, 1.2 million Americans and the 11 lives that were lost there. So diately into the economy. These people in the month of June will lose their un- we are 100 percent committed in this are living hand to mouth. Every dollar employment benefits because not one body in a bipartisan way. they receive is spent. As it is spent at single Republican would vote to help What I found amazing—and the Sen- a business, it creates business profits Americans who have lost their jobs ator’s point was we can do more than

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12317 one thing in this body. I believe I can. That is unacceptable for this country We come from different States. For I know everyone around me and around to be No. 2 or No. 3 on this issue. We some States it is easier; for some my caucus believes that. So we are should be No. 1. For people to come States it is harder to take on this going to work on the oilspill. Abso- down wanting to pigeon-hole this and issue. Probably for Alaska it is one of lutely we want to cap it. But that is claim we do not have the capacity in the two or three hardest States to do going on now. They are 16,000 feet down the Senate to do more than one thing it, and the Senator has done it with on a second drill, a relief drill. They is unbelievable. We will work double- courage, with intelligence, with drive, are about 1,000 feet away. We know time on the oilspill. But we must work and I think ultimately with success. that is being worked on. double-time on developing an energy So I thank the Senator. But the reality is, we have to have a policy that moves us to better security f for our country, our economic security, comprehensive energy plan in this REMEMBERING SENATOR ROBERT and to make sure we see the future. country. The fact is, if we want to talk C. BYRD about jobs and job creation in the fu- The future is a new energy economy ture, that is a huge potential for us. that creates new jobs in this country. Mr. SCHUMER. Mr. President, it is This debate, when we get to it—I So I was not planning to speak, I say with deep sadness that I rise to honor know some want to make it cap and to the Senator from Illinois, but he my colleague and friend, Senator ROB- tax, cap and trade, cap and cap, cap sparked me. I get agitated sometimes ERT C. BYRD. I look at the simple elo- and something. But the reality is, this when this body—not the Senator, obvi- quence of the roses and the black felt is about a comprehensive energy plan. ously, but the Republican leader—when on his desk, and, sort of, he rises above This is about creating a plan that gets they want to just do one thing. It is that and hovers above us in just about us more secure for our national secu- like when a person gets a meal on a everything we do. rity. I say to the Senator, he talked plate, and one person just likes to eat The admiration that all of us in this about the amount of money we spend the corn first, complete it all, and then body have for Senator BYRD is genuine and palpable. We miss him dearly, and overseas going to countries that do not they move to the next thing. We have I know I speak for the entire Senate like us. They spend that money against the capacity to do many things in this when I say our thoughts and prayers us. It is in our best interests to develop Senate. We have spent 40 years—from are with Senator BYRD’s family as they a comprehensive plan, not using the ex- the last major embargo in 1974— twiddling our thumbs and doing small, mourn his passing. cuses that have gone around this place Mr. President, no one loved the Sen- for the last 40 years. We need to get little, special interest legislation for energy. Now let’s do the right legisla- ate more than ROBERT BYRD. He de- busy and do it for the consumer, do it voted his life to this august institution for our national security, do it for our tion for the American people and do it right for our national security. and, in doing so, became an institution economic security, and do it for the fu- himself. He is a legend—a man who em- ture of job creation in this economy. So I will stop on my rant. My staff is probably sweating bullets right now. bodied the best ideals of this body. It is So if we want to talk about the oil- fitting that on this day we remember spill, absolutely. We will work double- They had no idea I was going to be down here doing this. I am off to a Senator BYRD the Senate is under- time on that. We are doing it from taking one of its most important con- every end of the Capitol and all across committee hearing. I thank the Chair. stitutionally mandated responsibil- this country. As a matter of fact, today Mr. DURBIN. Mr. President, if the ities: the confirmation hearings for a another report came out. A multi- Senator would yield briefly for a ques- Supreme Court Associate Justice. national effort, a multicountry effort tion, 21 years ago, I went up to Prince Senator BYRD would remind us that from around the world has come to our William Sound to see the Exxon Valdez we are in a process where the first assistance in the gulf. But we also need spill. I say to the Senator, I know he branch of government is giving its ad- to be dealing with a comprehensive en- knows, as a native of Alaska, firsthand vice and consent to a selection from ergy plan. how terrible these spills can be, the im- the second branch of government in In Alaska, we are doing it. By 2025 we pact they can have in the short and choosing someone to sit on the highest intend to have 50 percent of our energy long term. But I commend the Senator part of the third branch of government. produced by renewable energy. Even for his statement because we can do He loved the Constitution, he loved though we are dependent on oil and gas more than one thing if we are working the Senate, he loved America, and he for the economic viability of our State, together. If we are divided and at war came from the bosom of America. we recognize the diversity that has to politically, we do not accomplish I am struck by the history of this happen: In Kodiak, AK, 10 years ago, much. moment. We read about the great Sen- zero; today, almost 85 percent renew- What the President wants us to do is ators who served in this body—the able energy. The largest Coast Guard deal with the gulf oilspill but also not Websters and the Clays, the station in this country is in Kodiak, ignore the need for a national energy LaFollettes and the Wagners. Well, I AK, which will be run by renewable en- policy that is going to make us strong- cannot help but feel privileged to have ergy: biofuels, hydro, wind energy. er, create more jobs, and make us less served, in my brief time—certainly We have to be real about this issue. I dependent on foreign oil. compared to the Senators here—with a understand the politics of November is I thank the Senator from Alaska for legend, with a man whose name will go coming. Everyone wants to be for his comments. down in history beside those men as something, against something so they Mr. BEGICH. I thank the Senator for one of the great men in this body and can figure out what constituencies sparking me for the day. one of the great men in history. they win or lose in an election. The The PRESIDING OFFICER. The Sen- On Thursday, Mr. President, Senator people who will lose if we do not get a ator from New York is recognized. BYRD will make one final visit to this comprehensive energy plan is the pub- Mr. SCHUMER. Thank you, Mr. Senate Chamber that he so loved. lic. It does not matter if we are Demo- President. There could be no more appropriate crat or Republican, Green Party, Inde- While I will be speaking on the sub- way for us to say good-bye to him and pendent. You name it. We are going to ject of Senator BYRD, I, too, want to honor him than to yield the Senate be affected because we will continue to join my colleague from Illinois in com- floor to him for one last time. import from foreign sources that do mending our Senator from Alaska on People asked, why not the Rotunda? not like us. We will continue to put our this issue and so many others. The It was not that he did not deserve trib- country at risk from a national secu- Senator’s staff does not have to worry. ute in the Rotunda, and, for sure, tens rity perspective, and we will not recog- He speaks fluidly, eloquently, and of thousands would have lined up. But nize that we are now No. 2, No. 3 when without flaw. But, second, I think his this is the body he loved, and this is it comes to energy technology and courage on this issue has helped inspire the body where his final day here China is beating us. our caucus to move forward. should be.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12318 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 I would like to share a few brief wake of 9/11. It was the day after that marks, if my colleagues read them, thoughts and reflect on Senator BYRD’s Senator Clinton and I went up to New were balanced. He understood the prob- service to the people of West Virginia York, and we saw the devastation. We lems, but he understood the traditions, and the Nation. could smell death in the air, see the an- and he tried, as usual, to weave the two The most important thing we should guished looks of people holding signs: together. all remember about ROBERT BYRD is his Have you seen my husband? Have you There are few Senators who could do life story, for it embodies America, the seen my wife? The towers were gone, that, in the more than 200-year history best of America. It embodies the Amer- but people did not know who had sur- of this body, the way he could. There ican dream. Because of his intelligence, vived and who had not. Most did not, of are also few Senators in this body who his indefatigable energy, and up-by- course. fought as hard for their States as Sen- the-bootstraps determination, he rose Then the next call we got, as we ator BYRD did. I certainly admire the from a childhood marred by abject pov- came back, was from Senator BYRD. people who are here who become na- erty to being three heartbeats away Senator BYRD said: Please come to my tional leaders but never forget where from the Presidency. office. We went to his office on the first they came from. There is a tendency He made mistakes in his earlier ca- floor of the Capitol. He came to Sen- among some who come to Washington reer, which he freely admitted later. ator Clinton and I and said: CHUCK, Hil- to sort of forget where they came from. Who has not? But he just grew and lary, I want you to consider me the Not Senator BYRD. All across West Vir- grew and grew. That is what great men third Senator from the great State of ginia, men and women are able to real- do: they grow larger and stronger and New York. ize the American dream because he better as they go through life. That We knew we needed help, and we fought for them. He was unrelenting could certainly be said of Senator needed it fast. Even before we went to and unapologetic in his desire to im- prove the lives of West Virginians by BYRD. visit President Bush and asked him for Unlike many of the great men who the help that New York needed, Sen- making generous investments in infra- structure and research. He brought preceded him, Senator BYRD did not ator BYRD, on his own, invited us over grow up as a member of a privileged and pledged his help. Like always, he that State into the future and afforded class. He was an orphan, raised in the lived up to his word, not just in the generations of West Virginians good- Appalachian coal towns of West Vir- next days or weeks or months but paying jobs, allowing them to provide ginia. He graduated from high school years. I would go to him 3, 4 years later for their families and have the dignity all Americans deserve. at 16 as the valedictorian, but like so and say there is still this part of the Some of the more elite parts of the many Americans of his day, he was too promise made to New York that hasn’t media would make fun of what he did, been fulfilled. There he was, and he did poor and could not afford college. but I thought our colleague, Senator So as a young Member of Congress, it. Without a doubt, the dear city I ROCKEFELLER, said it best. I am para- he worked his way through law school, love, New York City, would not have phrasing; I read this in the newspaper. and, at age 46, he earned the diploma— been able to recover as quickly or as He said Senator BYRD realized that with honors—that had eluded him in well without that man from the coal until you get a road and a water sys- his youth. fields of West Virginia, Senator ROB- tem to these isolated towns, you I remember his love of West Virginia. ERT C. BYRD, helping us. He showed a couldn’t open the door of the future for When I was new in this body, just level of selflessness that is rarely seen, them, and he knew that. Senator BYRD learning it—and part of the way I and I think I can speak on behalf of relentlessly, in town after town after learned it was by going to Senator Secretary Clinton and the people of town, did that. He fought to increase BYRD’s class on the rules of the Senate; New York in telling Senator BYRD how access to health care and ensure the legendary to each freshman class of his grateful we are to him. people had the right to vote, and he time—but one day I was just seated at We all have so many memories of made sure every child in West Virginia my desk, and Senator BYRD rose to Senator BYRD, so many things. We only had the right to live up to his God- speak. It was a Friday afternoon. I be- served together a little less than 12 given potential through a quality edu- 1 lieve it was in the springtime. Business years, 11 ⁄2 years, but he was like a cation. was finished and everyone was rushing jewel. He had so many different facets Every one of us could go on and on home. As you know, Mr. President, I that every one of us was touched by about Senator BYRD’s accomplish- usually rush home. I love to be in New him in many ways. ments, but I think what is even more York. But as I was getting ready to So I relate my last strong memory of important than accomplishments is leave, Senator BYRD rose, and his Senator BYRD. The Presiding Officer who he was as a person. He was some- speech captivated me. remembers as well because it was at a one who knew where he stood but For 45 minutes he gave a speech on hearing of the Rules Committee where showed a profound willingness to the beauty of West Virginia in the we are now having a series of hearings evolve, and that is a sign of extraor- springtime. The theme of the speech under the suggestion of the Presiding dinary character. It is all too easy for was to urge visitors from other States Officer and leadership to decide wheth- an elected official to plug his ears and to come experience it. It was an amaz- er we should reform the filibuster rule say: Sorry, that is my position; that is ing speech. It was almost like poetry. I and what we should do about it. Sen- the way it has always been, and that is am sure Senator BYRD probably did not ator BYRD, frail at that point, about a the way it will always be. Not Senator have to sit and spend days preparing it. month ago, came to our hearing room. BYRD. He was unafraid to take new ar- It just flowed off his lips, his love of He sat next to me and then gave one of guments into consideration and expand West Virginia, combined with his elo- the best orations I have heard in a his world view accordingly. quence. It is one of the speeches I will committee. He was 92. He turned the What also struck me about him was always remember in the Senate, and I pages of his speech himself. That his fundamental humility, the best ex- am just lucky and glad I was here for wasn’t so easy for him. It was clearly— ample of which is probably his rela- that moment. knowing the way he thought and his tionship with my dear friend and men- Then, speaking of my State of New way of speaking—written completely tor, Ted Kennedy, another legend in York, Senator BYRD did not just touch by him. It was an amazing statement. this body who is so sorely missed. Ted West Virginia, he touched every State. It was impassioned, erudite, balanced, somewhat unexpectedly ran against Because he was here for so long, of and, as the Presiding Officer remem- Senator BYRD to be the Democratic course, he had such power but cared bers, it electrified the room. It was an whip in 1969. Senator Kennedy won. about each of the Members and their amazing tour de force. The man cared Two years later there was a rematch States. so much about the Senate. Despite the and Senator BYRD became the whip. The most striking moment I had fact he was ailing, there he was be- One would think after this kind of ani- with Senator BYRD occurred in the cause he loved the Senate. His re- mus that the two of them would never

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To me it is so profound that In his biographical statement on his was excellently written, well pre- within a year we have lost the two gi- Web site, I found a statement that I sented, and certainly a good education ants among whom I was proud and want to expand and build off of. It says: as to what we should do in preserving lucky to serve. In every corner of West Virginia, the peo- the constitutional integrity that the I will never forget when Senator ple of the Mountain State know that there is Founders intended for this body to be. BYRD, sick as he was, was outside the one man on whom they can always depend: He, of course, was the greatest defender steps of the Capitol to salute Ted Ken- U.S. Senator Robert C. Byrd. He has always of it. nedy after he passed earlier this year. remained true to his faith and his family, Others have spoken more eloquently while working to build a better future for his It was Senator BYRD who provided the about Senator BYRD, but I don’t think state and his country. crucial vote to fulfill Ted Kennedy’s any eloquence could match the elo- lifelong passion: Comprehensive health His remaining true to his faith and quence with which he lived his life— care reform. As every Senator sat at family was at the core of Senator BYRD particularly toward his faith and his their desk for the final passage vote, and his longevity, and at the core of family. That is what we should recog- the clerk called the roll. When Senator his service. nize the most. BYRD’s name was called, he raised his While he spoke often and wrote well I yield the floor and suggest the ab- voice as loud as he could and declared: about the institutional prerogatives of sence of a quorum. ‘‘Madam President, this is for my the Senate better than anybody in the The PRESIDING OFFICER. The friend Ted Kennedy. Aye!’’ history of this body, it is that his life clerk will call the roll. The legislative clerk proceeded to Those two friends, those two legends centered around his core, remaining call the roll. today are together again in heaven, true to his faith and his family. He was married for 68 years to his spouse, Mr. HARKIN. Mr. President, I ask and I would love to be able to hear the unanimous consent that the order for conversations and reminiscences be- Erma, who stayed by his side con- stantly, and of whom he would speak the quorum call be rescinded. tween them. The PRESIDING OFFICER. Without often. ROBERT BYRD will be remembered objection, it is so ordered. forever. He will be remembered as a Senator BYRD and I would speak Mr. HARKIN. Mr. President, with the about his faith on the floor frequently. man who loved this institution and passing of our colleague, ROBERT BYRD, guarded its history. He will be remem- He was a man of deep faith and a man a mighty oak in the forest of Senate bered as a man who always stood up for of strong convictions, and that was his history has fallen. There are flowers on his State. He is a man who will be re- centerpiece. He would often speak on his desk, but there is a tremendous membered as someone who lived the this floor about his faith. void in our midst. American dream and fought to make I think what you saw in Senator As we all know, Senator BYRD was that dream a reality for countless oth- BYRD in that statement about his faith the longest serving Senator in the his- ers. Perhaps most of all, he will be re- and his family is a cultural require- tory of this body. But what was most membered as a loving father, grand- ment for the United States. This is a remarkable about ROBERT C. BYRD was father, and husband. nation of strong faith, a nation that not his longevity but his unique stat- Today the Senate mourns, the people values family. At the core of this coun- ure and accomplishment in the Senate. of West Virginia mourn, the Nation try is that cultural need and necessity, No individual in our long history has mourns. and the leaders of the country need to been a more tenacious champion of the I yield the floor and note the absence have at their core a strong bearing traditions, prerogatives, and rules of of a quorum. within them, and that is a part of their this body. The PRESIDING OFFICER. The service. That was a big part of Senator Senator BYRD was very fond of noting clerk will call the roll. BYRD’s service. His comments reflected how many Presidents he had served The legislative clerk proceeded to the way he lived. Often people say that under. He always answered, ‘‘None.’’ As call the roll. the way you live speaks louder than he explained it, he had never served Mr. BROWNBACK. Mr. President, I any words you say. That is what I under any President but he had served ask unanimous consent that the order found with Senator BYRD. The way he with 11 Presidents as a proud member for the quorum call be rescinded. lived was speaking louder than any of a separate and coequal branch of The PRESIDING OFFICER. Without words. government. objection, it is so ordered. It was the Senator’s commitment Likewise, no individual has had Mr. BROWNBACK. Mr. President, I within his family and his willingness to greater reverence for the Constitution rise to speak about Senator BYRD, as live that and his faith that spoke loud- and for our Founders’ vision for an as- many of my colleagues have, and make er than any of his words. When we sertive, independent legislative branch. a few comments about an extraor- would talk about these things, you As the ‘‘Almanac of American Poli- dinary individual. Just the sheer num- could see that they were at the depth tics’’ says in its profile of Senator bers are very impressive. He was mar- of his soul and being. Whether we BYRD: ried for 68 years, elected to 9 terms, agreed or disagreed on a number of He may come closer to the kind of Senator had more than 20,000 days of service in things—and there were many disagree- the Founding Fathers had in mind than any the Senate, approaching 19,000 rollcall ments I had with him on policy issues, other. votes cast, and had a 97-percent attend- no question about that—you could For so many years, if anyone on the ance record. never challenge his core convictions. Senate floor needed to look up some- Senator BYRD was the majority lead- His faith and commitment to his fam- thing in the Constitution, we knew er from 1977 to 1981, and again from 1987 ily were things that were obvious by where to turn. Senator BYRD always to 1989. He was President pro tempore the way he lived. You could have this carried a copy in his left breast pocket, four different times when his party was sort of gentlemanly debate about top- directly over his heart. in the majority. The Senator from ics that would come up, but you could It was Senator BYRD’s reverence for West Virginia was known for his de- never question or challenge the char- the Constitution that led to what I fense of the Constitution and the insti- acter and heart and soul of that. consider to be arguably his finest hour tutional prerogatives of the Senate. He What I found most endearing was in the Senate—his outspoken opposi- was the author of five books, and he Senator BYRD’s commitment to faith tion to the rush to war in Iraq in 2002

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and his fierce warning to his fellow BYRD was dressed in overalls, and he save up enough money to start college. Senators that we would regret surren- worked. But he made his opportunities. As we all know, he was a U.S. Senator dering our power on this war to the He made his own opportunities with when he earned his law degree. No President. Senator BYRD’s speeches at that relentless work, his self-edu- other Member before or since has ever that time opposing the invasion be- cation, and striving always. started and finished law school while a came a sensation around this country I will always appreciate the way he Member of Congress. and on the Internet. A white-haired tutored me in the ways of the Senate But degrees do not begin to tell the Senator, well into his eighties, became when I arrived in this body in 1985. I story of the education of ROBERT C. an icon and a folk hero to young people was assigned to the Appropriations BYRD. He was the ultimate lifetime in universities all across America. Committee, one of the few freshman learner. As I told him once, it was as Why? Because when President Bush Senators to ever get that assignment. I though he had been enrolled during the was at the peak of his popularity and will not go into how all that happened, last seven decades in the ROBERT C. power, Senator BYRD dared to say that but I can remember going to visit Sen- BYRD school of continuing education. the emperor—any President—has no ator BYRD—who then, of course, was That always brought a smile on that clothes when it comes to declaring war. the ranking minority member, when I one. I guarantee no one could ever get Senator BYRD said the reason given for first came to the Senate, on the Appro- a better, more thorough education at the invasion—Iraq’s alleged weapons of priations Committee—to ask for his any one of our universities. mass destruction—was trumped up, and guidance and his willingness to work Senator BYRD’s erudition bore fruit he predicted the war would be a colos- with me and to instruct me on how to in no less than nine books that he sal mistake. be a good member of the Appropria- wrote and published over the last two I remember those impassioned tions Committee. For the next 25 decades. We know he wrote the book on speeches he gave at that time. If only years, he was either the chair of the the Senate, a masterful, four-volume we had taken the advice of the wise committee or the ranking member. So history of this institution that has be- Senator from West Virginia, how many I was privileged to learn at the elbow come a classic. What my colleagues young American lives—over 3,000— of a master appropriator and legislator. may not know is he also authored a would not have been lost, perhaps 10 During his more than 58 years in Con- highly respected history of the Roman times that many injured, carrying the gress, Senator BYRD witnessed aston- Senate. wounds and scars of that war for the ishing changes, when you think about There are some who joked—and I am remainder of their lives, not to men- it. Our population during his service sure he would not mind me saying this tion the nearly $1 trillion spent out of grew by more than 125 million. He because we said it to him many times our Treasury for that war in Iraq. served for 25 percent of the time we in the past—there are some who think Later, in his outstanding book, ‘‘Los- have been a republic. There has been an ROBERT C. BYRD served in the Roman ing America’’—I recommend this book explosion of new technologies. America Senate. I can tell you, that part of the to every young person. I see our pages grew more prosperous, more diverse, Byrd legacy and legend just is not so. sitting here. Pick up that book by ROB- more powerful. But across those nearly We always said that. It always brought ERT C. BYRD. It is called ‘‘Losing Amer- six decades of rapid change, there was a smile, and he always chuckled when ica.’’ He just wrote it about 5 or 6 years one constant: Senator BYRD’s tireless we talked about that. He was an expert ago. It became an instant bestseller. It service to his country; his passion for on the Roman Senate. He knew it, and is a great book. In that book, ‘‘Losing bringing new opportunities to the peo- he knew who served in the Roman Sen- America,’’ Senator BYRD decried the ple of West Virginia; his dedication to ate and how it worked to bring down Senate’s willingness to cave in to the this branch of government, the U.S. the Roman Empire. President. He did not care about Congress, and to this House of Con- I have talked at length about Sen- whether the President was a Democrat gress, the U.S. Senate. ator BYRD’s education because this ex- or Republican. He said cave in to any ROBERT BYRD was a person of many plains why he was so passionate about President—it is readiness, as he put it, accomplishments with a rich legacy. In ensuring every American has access to ‘‘to salute the emperor.’’ He referred my brief time today, I wish to speak of a quality public education, both K–12 back to his earlier book he had written one area of his advocacy which I have and higher education. Coming from a on the Roman Senate, noting that it had ample opportunity to observe in poor background, Senator BYRD be- was ‘‘the progressive decline of the al- my capacity both as the longtime chair lieved that a cardinal responsibility of ready supine [Roman] Senate’’ that led or ranking member of the Appropria- government is to provide a ladder of to the decline of the Roman Republic, tions subcommittee for education and opportunity so that everyone, no mat- and he warned that the same could as a longtime member and now chair of ter how humble a background, has a happen in America. the Committee on Health, Education, shot at the American dream. Obvi- I have always had a special affinity Labor, and Pensions. ously, the most important rungs on for Senator BYRD because we were both During all these years, Senator BYRD that ladder of opportunity involve edu- the sons of coal miners, both raised in was passionately committed to improv- cation, beginning with quality public humble circumstances. I will miss see- ing public education in the United schools, including access to college and ing ROBERT BYRD at his desk or in the States and expanding access to higher other forms of higher education. well and going up to express my best education, especially for those of mod- During my quarter century now in wishes and converse with him. He est means. this body, no one has fought harder for would always grab my hand; he would As we all know, as I said, he was public education than Senator ROBERT look at me and say: We have coal min- raised in the hardscrabble coalfields of BYRD. As long-time chairman, ranking ers’ blood running in our veins. We southern West Virginia. His family was member and, most recently, the senior were the only two sons of coal miners poor, but they were rich in faith and member of the Appropriations Com- to serve in the Senate, at least at this values. His adoptive parents nurtured mittee, he was the champion of edu- time. He always said that to me. I am in ROBERT BYRD a lifelong passion for cation at every turn—fighting to re- going to miss that. education and learning. He was valedic- duce class sizes, improve teacher train- In reading about the Senator’s early torian of his high school class but too ing, bringing new technologies into the years—lifting himself out of poverty poor, too underprivileged to go to col- classroom, boosting access to higher before running for the West Virginia lege right away. Again, keep in mind, education. Legislature in 1946—I was reminded of those were the days before Pell grants In 1985, my first year here in the Sen- Thomas Edison’s remark that ‘‘oppor- and guaranteed loans or even Byrd ate, he created the only national tunity is missed by most people be- scholarships. He worked as a shipyard merit-based college scholarship pro- cause it is dressed in overalls and looks welder, later as a butcher in a coal gram funded through the U.S. Depart- like work.’’ In his early days, ROBERT company town. It took him 12 years to ment of Education. Congress later

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Mr. President, I ask ures, perhaps the most impressive ex- rently, there are more than 25,000 Byrd unanimous consent that after I speak, ample of how far the coalition has Scholars across the United States eligi- Senator FEINSTEIN be permitted to come is seen in the warehouse at the ble for a $6,000 grant during 4 years in speak. John W. Collette Education Resource college. The PRESIDING OFFICER (Mr. Center in Dover. It is truly impressive. I can remember speaking with him BURRIS). Without objection, it is so or- To get an idea of what it looks like, about this and the funding of it, and he dered. you have to think about what it is like reminisced more than once with me f to be inside a Home Depot or a Lowes— about how he was valedictorian of his SCIENCE EDUCATION IN a warehouse with rows and rows of sup- class, and that he so wanted to go on to DELAWARE plies and forklifts running about. This higher education but, because of his is what the science materials center economic circumstances and where he Mr. KAUFMAN. Mr. President, I looks like at the Collette Center, ex- lived, it wasn’t available. So he wanted spoke about Senator BYRD yesterday. cept the industrial shelving and fork- to make sure that young men and One of the ways you measure anyone is lifts are transporting boxes filled with women today who exhibit that great by their friends. The manner in which science materials to use in classrooms excellence in academic performance Senator HARKIN just spoke about Sen- across the State. Science curricula and were not denied the opportunity to go ator BYRD shows what a great man materials kits for grades K through 8 to college simply because of the cir- Senator BYRD was, to have a friend as include resources developed by the Na- cumstances of their birth. thoughtful and as caring as Senator tional Science Resource Center, Uni- Senator BYRD has something in com- HARKIN. They are both a credit to the versity of California-Berkeley, and mon with Winston Churchill. Both Senate. homegrown and hybrid units developed As we continue another school year, I were prolific writers, and both were with the aid of Delaware’s very own wanted to take an opportunity to com- major players in the events they chron- teachers. These units are coordinated mend the excellent science instruction icled in their writings. to introduce life, physical, and Earth taking place in my State of Delaware. Senator BYRD was also a great stu- science concepts each year and gradu- The science educators and leaders in dent of literature, and he loved to re- ally increase in complexity from one the State have been working for 15 cite long poems from memory. I could level to the next. never understand how he could remem- years to create a world-class science ber all of the poetry he would recite program encompassing standards and All districts share materials, and here on the floor, in a committee meet- curriculum, professional development, kits rotate through two or three teach- ing, or sometimes in a meeting when a and science material kits. I am hon- ers per year. In order to obtain the ma- subject would come up and he would re- ored to say that I believe world class is terials, a teacher must attend profes- member a poem that perfectly fit the exactly the way to describe the science sional development coordinated by the temper of what people were talking instruction Delaware students receive. Collette Center. Then the warehouse about. This is not something that happened sends out the kit, teachers and stu- I am sure Senator BYRD knew ‘‘The overnight. It is a process that began in dents use it, it is picked up weeks Canterbury Tales,’’ a lot of it probably 1995, when a statewide survey was sent later, it is refurbished, and then sent by heart. In ‘‘The Canterbury Tales,’’ out to gather data on the status of out to another teacher. By sharing ma- describing the Clerk of Oxford, Chaucer science teaching and learning in Dela- terials, costs are kept to an absolute might just as well have been describing ware. The results, unfortunately, minimum. ROBERT C. BYRD. Chaucer wrote: showed that not much science was The Collette Center is a remarkable Filled with moral virtue was his speech; taught or being learned in Delaware resource for the teachers and students And gladly would he learn and gladly teach. schools. Consequently, several school in Delaware. It is unique in that it is ‘‘Filled with moral virtue was his districts banded together to form the the only science program in the coun- speech; And gladly would he learn and Delaware Science Coalition. The coali- try that provides a curriculum aligned gladly teach.’’ Senator BYRD’s speeches tion received extraordinary support to standards, an intensive professional were a wonder to behold, full of elo- from the DuPont Company in the form development effort, and a materials quence and erudition and moral virtue. of time, money, and volunteer services. support service for public school dis- Senator BYRD never stopped learning The group wrote and received a Na- tricts and charter schools throughout and he never stopped teaching. Ameri- tional Science Foundation grant, the entire State. To create this all-en- cans for generations to come will con- which allowed the districts to have an compassing system, the Science Coali- tinue to learn from his writings and his out-of-classroom science specialist pro- tion has at times worked closely with example. vide science professional development the National Science Resource Center Senator ROBERT C. BYRD was a great for all teachers, assemble science ma- or NSRC. The NSRC is a joint oper- Senator, a great American, a loving terials, develop assessments, and meet ation of the Smithsonian Institution and wonderful family man. He has both as a group. Within 3 years, all school and the National Academies. I think written our Nation’s history and has districts except one had joined the Sally Goetz Shuler, the executive di- left his mark on it. The United States Delaware Science Coalition. rector of the NSRC, summed up Dela- of America has lost a patriotic son. We Today, the science coalition has ware’s accomplishments best when she have lost a wonderful friend and a men- come a long way. They have a state- said: tor. Tomorrow, here in the hallowed wide kindergarten through grade 11 During the past decade, the NSRC has Chamber of the U.S. Senate, which he science curriculum in place and have showcased Delaware as a model to dozens of so loved and served for so many years, plans for a grade 12 curriculum. They other U.S. States, countries, and national or- ROBERT C. BYRD will lie in state. We have professional development for all ganizations, including the National Gov- would do well to honor his memory by science teachers in grades K through ernors Association, the Council of Chief making a renewed commitment to 11. They have cost-effective, kit-based State School Officers, and the James B. Hunt Institute for Educational Leadership and making the U.S. Senate work and to science materials. They have assess- Policy. Hundreds of leaders have visited the work for all of the people of this coun- ments that are modeled after inter- John W. Collette Education Resource Center try. May he rest in peace with his be- national science tests. They also have in Dover, as well as many of [Delaware’s] loved Erma, and may the Senate al- a systematic and comprehensive ap- classrooms. While small, your State has been

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Senator BYRD was born into very By the way, my colleague, Senator During the period of 1989 to 2010, Sen- humble beginnings in 1917. He grew up CARPER, who has just come on the ator BYRD was President pro tempore during the Great Depression. He was floor, has also visited the Collette Re- of the Senate—the most senior Demo- the adopted son of a coal mining family source Center in Dover. crat and third in the line of Presi- in a small town in southern West Vir- Delaware’s science program is very dential succession; also as President ginia. He was the valedictorian of his impressive and the work is paying off pro tempore emeritus when the Demo- high school class but was not able to for Delaware’s students. When the new crats were in the minority. afford college at the time. This impov- science standards and assessments Senator BYRD cast more rollcall erished childhood might have hindered were first implemented in 2001, only 42 votes than any other Member of this others, might have stopped a weaker percent of eighth grade students met or institution—18,689 in total. That is person, but not the indomitable ROB- exceeded the standards. By 2009, 60 per- truly remarkable. Just think about ERT BYRD. His inner thirst for knowl- cent of the eighth graders met or ex- how many of this Nation’s laws he edge propelled him throughout his epic ceeded the standards. Similar achieve- helped shape. career. In fact, he managed to find ment gains have been illustrated at the He was a veritable expert on the time during his tenure in the Senate to fourth, sixth, and eleventh grades as inner workings of the Senate. There finally fulfill his bachelor’s degree well. This is an incredible achievement was no one who was more well versed from Marshall University in 1994, at and I am confident Delaware’s science in this institution’s intricate rules, the tender age of 77. That shows some- teachers and leaders will continue to protocols, and customs than ROBERT thing, I think. He previously received a build on this accomplishment. BYRD. He literally wrote one of the Congratulations to Delaware for con- law degree from American University’s most comprehensive books on the Sen- tinuing to lead the way in science edu- Washington College of Law in 1963. ate. He knew Riddick’s ‘‘Rules of Pro- cation. The loss of his beloved wife Erma Mr. President, I yield the floor to the cedure,’’ virtually all 1,600 pages. Byrd in 2006, I think, was a dramatic Senator from California. Many of us in the Senate have also blow to him. I had occasion to talk The PRESIDING OFFICER. The Sen- spoken of his ardent devotion and con- with him during that time, and there ator from California. summate knowledge of the Constitu- was no question that this was a great tion of the United States. His well- f love, that it was an enduring love, and worn, treasured copy of this document that it was a lifetime commitment. I REMEMBERING SENATOR ROBERT was kept in his vest pocket, and year discussed with him how he provided, C. BYRD after year I would see him pull it out. day after day, week after week, and Mrs. FEINSTEIN. Mr. President, I The only thing that would change is month after month, the personal care rise today to join my colleagues in that his hand, as the years went on, to his wife as she became more infirm mourning the loss of one of the Sen- shook a little bit more. But his devo- and came toward the end of her life. ate’s legendary Members—ROBERT C. tion to that document did not. This truly was a major gift of love. BYRD, the honorable senior Senator He was a staunch defender of the pre- One thing I have learned in my life- from the great State of West Virginia. rogatives of the three equal branches of time, there are so many people who, in It wasn’t too long ago that I looked government, and he was very quick to the end-of-life crises, are not able to right over there and I saw a desk note that he served alongside, not give with love to their spouse. This was draped in black with roses and it was under, 11 Presidents. a man who could do that. I think that one titan of the Senate—Senator Ted When he first joined the House of develops his importance as you look at Kennedy. Today, I look down here and Representatives in 1952, Dwight Eisen- life and people in general. I see a desk draped in black with white hower was President. His tenure in Once again, I offer my sincerest con- roses and it is a second titan of the Congress then followed alongside the dolences to his two daughters Mona Senate. Presidencies of John F. Kennedy, Lyn- Faterni and Marjorie Moore, his grand- I had the privilege of serving with don B. Johnson, Richard M. Nixon, Ger- children and great-grandchildren, and Senator BYRD on the Appropriations ald A. Ford, James Carter, Ronald to the people of West Virginia. Committee for some 16 years. I have Reagan, George H.W. Bush, William J. This Nation—not only West Virginia, had occasion to watch him. He could be Clinton, George W. Bush, and finally but all of us—owe Senator ROBERT very tough, he could be very caring, Barack Obama. That is an amazing list BYRD a great debt of gratitude for his and he could have that twinkle in his of people to have served with. service. eye. He could depart from the present BOB BYRD was not only one of the I know I will very much miss that in- text into Greek tragedy; into old Senate’s famous power brokers, but I domitable spirit, that insightful guid- Roman speaking. He had an incredibly think his fondness for classical history, ance, and the intense commitment to curious mind. I think he is going to be music, and poetry has impacted every the Senate. greatly missed from this body. one of us. As I said, he frequently This man will be missed. I think of him representing the State interspersed his Senate remarks with I yield the floor. of West Virginia for 51 years and serv- passages from ancient Roman history, The PRESIDING OFFICER. The Sen- ing 6 years in the House of Representa- philosophy, and often poetic verse. It ator from Delaware is recognized. tives. During all those 57 years, he used to amaze me how, late at night, Mr. CARPER. Mr. President, I am served with the kind of devotion and he could move from his set text and re- pleased to follow my colleague, Sen- passion that he showed in his last year peat some poem, word for word, verse ator FEINSTEIN, in tribute to ROBERT here in the Senate, when he was very after verse. BYRD, whom I always called Leader and troubled by declining health. He has The nine decades of ROBERT BYRD’s who always called me Governor. He truly left an indelible imprint on the lifetime witnessed great change both at was our leader. He was a leader for a State of West Virginia and on this the personal level and at the national long time and will always be that in a body. No one has ever shown more de- level. He lived to see and strongly sup- very real sense to many of us. termination or greater love for the port the inauguration of our country’s I was born in Beckley, WV, just United States Senate than ROBERT C. first African-American President— about a dozen miles or so from a com- BYRD. His tenure has been legendary. something I know meant a great deal munity called Sophia, which is where

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ROBERT and Erma BYRD once ran a lit- couldn’t wait to get back to the Senate to sit back and take it easy. He was tle mom-and-pop supermarket back in the next week and say to Senator just picking up speed. As Senator FEIN- the late 1930s, early 1940s. I think he BYRD: You will never guess whose STEIN said, he could take to the Senate was the butcher. He ran that super- house I was in. floor without a note, give a speech on market and later on, I think, in World I told him the name of the house, the just about any subject, throw in all War II, he was a welder during the war. family, and he said: I remember that kinds of anecdotes with respect to an- As we know, in the late 1940s he had guy. He is a barber. They have 19 kids. cient Rome and Greek mythology, re- the opportunity to run for the West This guy was just amazing. I used to cite poems and stuff. Virginia Legislature and ran. He was a call him on his birthday. I used to call I once said to him: How do you re- great fiddler and went around his com- him not just on his birthday but when member all those poems? munity, his district, playing the fiddle. he and Erma had an anniversary. I He would say: I just make them up. He always called himself a hillbilly. would call him on Christmas and other He was just kidding. He actually was Ironically, I was down in the central special occasions just to see how he able to remember them. I sometimes part of our State just about a month was doing and let him know I was have a hard time remembering where I ago and had a chance to attend a picnic thinking about him. am supposed be for my next meeting. for senior citizens, a cookout. A lot of I think it was his 90th birthday, and He was from West Virginia, the people were there. I was sitting at dif- I called him and I said: Leader, I think southern part of West Virginia. As oth- ferent tables and walking around. I was it is your birthday today. ers have said, his views on race as a sitting at this one table, and I learned He said: Yes, it is. younger man and as a new person in this lady sitting to my left was from I said: How old are you, anyway? the Senate were not the same views West Virginia. I knew. that he left with. He matured, grew up. I said: Where are you from? He said: Well, I’m 90. He once said to me: The worst vote I She said: Sophia. I said: I just hope when I am 90 I can ever cast, I actually voted against and I said: That’s right outside of Beck- just sit up and take nourishment. spoke against the Civil Rights Act of ley, where I was born. Mr. President, he said: I hope you 1964. She said: Yes, I knew ROBERT and can, too. I think he sort of went to his grave Erma BYRD when they ran that mom- He was amazing. regretting that. But I think he went to and-pop supermarket. He and JOE BIDEN share the same his grave having atoned, if you will, for I said: You’re kidding. birthday. Sometimes I would call Sen- that sin. He changed his views with re- She said: No, I did. ator BYRD on his birthday and say: spect to race. In part it was a matter of I asked her to share some thoughts Leader? He said: Governor, is that you? conscience—he was a person of deep with me about it, and she did. I said: That’s me. I always get this faith—but I think also probably he Two weeks later I was back in the confused, who is older, you or BIDEN? changed, in part, because of the prod- Senate and Senator BYRD was coming He said: I still got him by a couple of ding and cajoling of, among others, one in in a wheelchair. In the last part of years, but he is catching up on me. of his best friends, Senator Ted Ken- his life he lost the ability to walk. He I guess now he will really have a nedy. never lost his voice, never lost his chance to catch up. As I said earlier, I loved to call him mind either. But he came in, and I I came here as a freshman Senator. I on special days. I would almost always stopped to say hello to him, see how he had been in the House, and a Governor call him when I was back in West Vir- was doing, and I said: Leader, I just before. I came in as a freshman in 2001. ginia, call him on my cell phone, call met a woman over in Delaware the I was about the age of the pages down him at his home in McLean. It wasn’t other day who knew you from your lit- here. I remember Senator BYRD really his birthday or anything and I would tle supermarket in Sophia, WV. took a bunch of us under his wing. He call him. I told him about it, and he smiled. He became sort of my mentor. I think the I would say: Leader? said: Do you remember her name? Do fact we had this West Virginia connec- He would say: Is that you, Governor? you remember her name? tion made it even more special for me, I would say: Yes, I am driving down Ironically, I could not remember it. and I think maybe for him. to West Virginia on the Virginia Turn- But if I had, he would have. He was He taught us how to preside. He ex- pike heading toward Beckley. amazing. plained to us the rules of the Senate. He would say: No kidding. Some people think the reason he got He knew the rules better than anybody I said: I am trying to remember elected to office so many times, in the else and he was able to work the rules, which exit to get off of. The first one is legislature and the U.S. House of Rep- use the rules to get things done—or Harper Road, then there is another one. resentatives and in the Senate, was be- not, to keep things from getting done. The third one, I can’t remember that. cause he was so good at, frankly, look- Boy, he was good. He taught us how to What is that? ing out for West Virginia economi- behave in the Senate, and he did that— He would say: That’s my road, the cally, making sure they were not left not just for us but for people who had Robert C. Byrd Drive exit. behind. He was also a pretty good poli- been here for 20, 30, 40 years. If they I would always have a good time with tician. He was good at names. were acting up, making too much noise him for that. Others have spoken about I remember once, when we had a fu- on the Senate floor, he would stop all the leadership roles he played here, neral for my mom who died about 4 them dead in their tracks. all the votes he cast, all that he did. He years ago, and we had a celebration of He once said to me the most impor- did so much for West Virginia. I love to her life just outside of Beckley. We had tant role for the Presiding Officer, Mr. go back to West Virginia. I think the it in the home, a very large home of a President—he said the most important friendliest people I have ever met in family who had 19 kids. One of them role of the Presiding Officer is to keep my life are from West Virginia. It is married my cousin, Dan Patton. Some order. That is what he said. He said: If kind of a hardscrabble place. They have people have a dining room; they had you can keep order, the rest is pretty come a long ways, in no small part be- like a banquet hall for their meals. We easy. I always remembered that. cause of his enormous help. He has were all gathered in this banquet hall, He presented to me my Golden Gavel. been accused of trying to hijack Wash- paying tribute to my mom, reflecting The Presiding Officer has a Golden ington and move it to West Virginia on her memory, and I was walking Gavel. You get it after presiding so and bring in all kinds of Federal agen- around the house afterwards, and I many hours in the Senate. But I was cies and jobs. came across a CONGRESSIONAL RECORD very honored to receive mine from Sen- He was really trying to make sure tribute on the wall of this house. It was ator BYRD. West Virginia did not get left out, and a tribute from ROBERT BYRD honoring When I got here in 2001 I think he was I think thanks to his intervention, this family. I was just blown away. I 83, an age when most people are ready they did not.

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I hope the and maybe even looking forward as fidence in is the mission he is being President has given General Petraeus well. He is going to make their life bet- given, because I sense a mixed mes- the level of confidence that I feel in ter, looking forward, for the people in sage. I sense a mixed message from the him, and that I think our Senate will this country who need health care, the President, and a division in what our show to him today to do the job as he people in this country who need a de- Members of the Senate are saying, even sees fit, because he is going to have the cent place to live, a chance to buy a as they questioned General Petraeus boots on the ground in Afghanistan. home, a chance to get an education, yesterday. I have been to Afghanistan, as have the opportunity to improve their sta- Here is my concern. We know you most of my colleagues. I know how tion in life. cannot set a hard and fast deadline and tough it is, the terrain, the type of gov- More than anybody I know, for a guy say, our troops are leaving no matter ernment they have had throughout who was born, orphaned in North Caro- what the conditions are, and gain the their centuries, and it is not adaptable lina as an infant, who was traded off by confidence of the people on the ground easily to our concept of governance. So his mom in her last will and testa- that you are going to see the mission we have to work within a framework ment—she wanted him to be raised by through. that is very difficult both geographi- It seems our mission should be clear, her sister who lived in West Virginia, cally as well as in the governance that we are going to prepare the Af- and her sister took this young man in. structure. ghans for the security of their country, His name was not ROBERT BYRD. But I am voting for General Petraeus and also assure that the Taliban and she took in her nephew. She and her today because I know this man can do al-Qaida cannot get a stronghold that husband raised ROBERT BYRD in tough the job. I hope the President will give would allow the export of terrorism to situations, hardscrabble situations, him the free rein to do the job we are America and other freedom-loving and he sort of raised himself by the asking him to do, and, in the process, countries in the world. That should be bootstraps and worked hard all of his protect our troops and protect him as the clear mission. life to make something of his life and I believe that is the mission General they are doing this very tough job with to serve as a model for us in the end, Petraeus understands, and I think that everything he asks us to provide to and a model for our country. is what President Obama is saying. But him to finish this job and make the Af- I yield the floor. my concern is this questioning of Gen- ghan people say—give them the ability The PRESIDING OFFICER. The Sen- eral Petraeus by members of the to create their governance in a way ator from Texas. Armed Services Committee about the that works for them and to protect the f withdrawal date. people of the United States from any GENERAL DAVID PETRAEUS The President has said firmly the further terrorist attack. withdrawal is going to be July of next That is when we will be able to say Mrs. HUTCHISON. Mr. President, I year. General Petraeus is very careful ‘‘mission accomplished.’’ And General rise today to voice my strong support in every answer that he makes to say, Petraeus can do this job. We must give for GEN David Petraeus to be con- conditions on the ground will dictate him the backup so he can be successful. firmed as our Nation’s top military when we withdraw. July is the date. We I yield the floor and I suggest the ab- commander in Afghanistan. I want to acknowledge that, he says. But it will sence of a quorum. say I have had a great experience with also depend on conditions on the The PRESIDING OFFICER. The General Petraeus and also watching ground. clerk will call the roll. him from afar. When he introduced the I hope we will have a united view in The assistant legislative clerk pro- concept of the counterinsurgency in the Senate, a united view in the House ceeded to call the roll. Iraq, and embedding our troops with of Representatives, and the President Mr. LEVIN. I ask unanimous consent Iraqi troops to try to train the Iraqi acknowledging that we must have the that the order for the quorum call be troops to do the security for Iraq as we confidence of the people on the ground rescinded. were leaving, I had grave concerns in Afghanistan and also the confidence The PRESIDING OFFICER. Without about embedding our troops and the of the enemy, the Taliban, and al- objection, it is so ordered. counterinsurgency, because I feared for Qaida, that we are not going to leave in f the safety of our troops and troop pro- July if there are not conditions on the tection. I did not want to publicly ask ground for the Afghans to repel the evil CONCLUSION OF MORNING questions of his judgment or disagree forces of the Taliban and al-Qaida. BUSINESS with him, but I did ask him to come As we vote today on the confirmation The PRESIDING OFFICER. Morning see me and explain this to me so I of General Petraeus, I am voting for business is closed. would feel more comfortable, which he this general because I believe in him. I f did. He came to my office. He walked believe in his creativity. I believe in me through it. He gave me confidence his judgment. I want to make sure he EXECUTIVE SESSION that it could work. has everything he needs to do the job Then later, when he was in Iraq, and we are asking him to do. He has proven I was taking one of the trips I have he can do the tough jobs. NOMINATION OF DAVID H. made to Iraq, the first place that Gen- He changed the atmosphere in Iraq PETRAEUS TO BE GENERAL eral Petraeus sent me to see was the and he did it the right way. He pro- The PRESIDING OFFICER. Under Iraqi police station with our embedded tected our forces as he was doing it. So the previous order, the Senate will pro- troops. He never said a word to me we must assure that we give him the ceed to executive session to consider about my questioning of how it would same level of confidence and support in the following nomination, which the work, but he sent me in. Afghanistan to do the job there, be- clerk will report. Later that night I was able to have cause it is clear that the place where The assistant legislative clerk read dinner with him and Ambassador al-Qaida and the Taliban are operating the nomination of David H. Petraeus, Crocker. I said: I know why you sent from is that area of Pakistan and Af- Department of the Army, to be Gen- me to the police station, because I had ghanistan, and we cannot allow them eral. questioned how you were going to pro- to strengthen their efforts to be able to The PRESIDING OFFICER. Under tect our troops. I became a complete export terrorism to our country again. the previous order, there will now be 20

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12325 minutes for debate with respect to the They should, wherever possible, be The PRESIDING OFFICER. The Sen- nomination, with the time equally di- leading the fight against the insur- ator from Arizona has 10 minutes. vided and controlled between the Sen- gents. The Afghan Army enjoys the Mr. MCCAIN. I thank the Chair. ator from Michigan, Mr. LEVIN, and the support of the Afghan people. That Mr. President, I rise to speak on be- Senator from Arizona, Mr. MCCAIN, or means that Afghan troops leading the half of the nomination of GEN David their designees. fight would be the Taliban’s worst Petraeus to be Commander of the The Senator from Michigan. nightmare. It would demonstrate that International Security Assistance Mr. LEVIN. Mr. President, I yield insurgent propaganda, which portrays Force in Afghanistan, and Commander myself 8 minutes. us as out for domination and for our of U.S. Forces-Afghanistan. General The PRESIDING OFFICER. The Sen- own ends, is a lie. If the Afghan people Petraeus is quite simply one of the fin- ator is recognized. are to see this as their fight, it should est military leaders our country has Mr. LEVIN. The Senate will soon be a fight led by their own soldiers ever produced. And we are all grateful vote on the nomination of GEN David with our support and not the other way for his willingness to answer the call of Petraeus, who is once again stepping around. service in yet another critical mis- forward to render invaluable service to I wish to read an exchange from yes- sion—a mission that will once again our Nation, as he has so often in the terday’s hearing on this issue. I asked take him far away from his family, es- past. Certainly the events that bring General Petraeus the following ques- pecially his beloved wife Holly, whose General Petraeus to this moment were tion: support and sacrifice over many dec- unforeseen. But we can be certain that The urgent increase in the size and capa- ades, both for General Petraeus and for when confirmed, he will bring highly bility of the Afghan army and having Afghan our men and women in uniform, can experienced leadership and a profound forces leading operations more and more is never be overstated. General Petraeus understanding of the President’s strat- bad news for the Taliban. Now, I’ve described that as the Taliban’s worst nightmare, be- is an American hero, and I urge my col- egy in Afghanistan which he helped cause their propaganda that they are fight- leagues to confirm his nomination. shape as Commander of the U.S. Cen- ing against foreign forces who want to con- Before I go further, let me say a word tral Command. trol Afghanistan will ring more and more of praise for another American hero: General Petraeus confirmed yester- hollow with the Afghan population [if] the GEN Stanley McChrystal. He is a man day before the Armed Services Com- Afghan army, which has the support of the of unrivaled integrity, and what is mittee that he fully supports the Presi- Afghan people, [is] leading the effort to de- most impressive about his long record dent’s strategy. That strategy includes feat the insurgents. of military excellence is how much of a surge of U.S. combat troops who will Then I asked General Petraeus: Is it remains cloaked in silence. Few un- be in place later this year. that something you would generally derstand fully how General McChrystal That strategy includes a counterin- agree with? His answer was that he systematically dismantled al-Qaida in surgency campaign focused on securing agreed with that statement. Iraq, or how he began to turn around the safety of Afghanistan’s population I am also encouraged that General our failing war in Afghanistan. These and pursuing the insurgents who Petraeus committed at our hearing to achievements, and others like them, threaten that safety. The President’s a review of deployments by the Afghan are the true measure of Stanley strategy, which General Petraeus sup- Army to see how more Afghan troops McChrystal, and they will earn him an ports, includes the setting of a July might be deployed to the south where honored place in our history. 2011 date to begin reductions of U.S. operations are the most intense and to We are calling on General Petraeus combat troops as a way of focusing the ensure that Afghan leaders are leading at a critical moment for the war in Af- attention of the Afghan Government operations in the south wherever pos- ghanistan. I agree with the President and military on preparing Afghan sible. that success in Afghanistan is ‘‘a vital General Petraeus also reiterated to forces to take greater responsibility for national interest,’’ and I support his the committee his support for the July the security of their own people. I have decision to adopt a counterinsurgency 2011 date to begin reductions of U.S. strategy, backed by more troops and long believed that focusing on building combat troops. As he put it: the capacity of the Afghan security civilian resources. This is the only via- I saw [setting that date] most importantly forces to secure their nation’s future is as the message of urgency to complement ble path to true success—which I would critical to the success of our mission in the message of enormous additional commit- define as an Afghanistan that is in- Afghanistan. General Petraeus agrees. ment. creasingly capable of governing itself, He told our committee yesterday: As the Presiding Officer well knows securing its people, sustaining its own We want Afghan ownership of Afghan prob- because he is an esteemed member of development, and never again serving lems, whether it’s security problems, polit- our committee, General Petraeus lit- as a base for attacks against America ical problems, economic problems, you name erally wrote the book on counterinsur- and our allies. In short, the same re- it. gency. He led the effort to write our sults we are slowly seeing emerge That is what the Afghans want as military’s manual on counterinsur- today in Iraq, thanks in large part to well. That is what we were told. A gency. As commander of U.S. forces in the work of General Petraeus and the number of us were there a year ago in Iraq and the U.S. Central Command, he forces he commanded. Afghanistan when 100 or so elders gath- has served his country with great dis- Before heading out to Iraq 3 years ered at a shura in southern Afghani- tinction at a time of great need. We are ago, General Petraeus told the Armed stan. When we asked them what they fortunate that once again he has an- Services Committee that the mission wanted the United States to do, they swered his Nation’s call, and we are was ‘‘hard but not hopeless.’’ I would told us we should train and equip the grateful for the sacrifices he, his wife characterize our mission in Afghani- Afghan Army to provide for their coun- Holly, and his family are willing to stan the same way. Afghanistan is not try’s security and then depart. And the once again accept. a lost cause. Afghans do not want the 1,600 delegates to Afghanistan’s Con- I strongly support his nomination. Taliban back. They are good fighters, sultative Peace Jirga, which occurred His nomination was unanimously sup- and they want a government that at the beginning of June, adopted a res- ported by the Armed Services Com- works for them, and works well. And olution calling on the international mittee yesterday. I hope our colleagues for those who think the Karzai govern- community to ‘‘expedite’’ the training will give General Petraeus an over- ment is not an adequate partner, I and equipping of the Afghan security whelming vote of support. would remind them that, in 2007, the forces so they can gain the capacity I yield the floor. Maliki government in Iraq was not ‘‘to provide security for their own The PRESIDING OFFICER. The Sen- only corrupt; it was collapsed and country and people.’’ ator from Arizona is recognized. complicit in sectarian violence. A weak The Afghan Army fields about 120,000 Mr. MCCAIN. Mr. President, how and compromised local partner is to be troops, including 70,000 combat troops. much time remains? expected in counterinsurgency. That is

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Some of our that our commitment in Afghanistan is make it clear that, as long as success key allies plan to withdraw their forces not open-ended. in Afghanistan is possible, we will stay soon, and it looks increasingly un- As our Commander in Chief, Presi- there to achieve it. likely that NATO will meet its pledge dent Obama must have a military and I appreciate the President’s state- of 10,000 troops. civilian team that has his full con- ment last week that July 2011 is simply None of this is to say that we are fidence, and with General Petraeus’ a date to ‘‘begin a transition phase’’ to failing, or that we will fail, in Afghani- confirmation, he now has that team in greater Afghan responsibility. And for stan. It just means that we need to place. those who doubt the President’s desire give our strategy the necessary time to The PRESIDING OFFICER. The Sen- and commitment to succeed in Afghan- succeed. This is all the more essential ator from Michigan is recognized. istan, his nomination of General now with General Petraeus assuming Mr. LEVIN. Mr. President, is there Petraeus to run this war should cause command, pending his confirmation. any time remaining? them to think twice. I know that Gen- He has proved that he can lead our The PRESIDING OFFICER. There is eral Petraeus will do everything in his forces to success. He has proved that he 3 minutes. power to help us succeed in Afghani- can work effectively with local part- Mr. LEVIN. Mr. President, first of stan. I know that if he believes he ners in counterinsurgency. He has all, let me say I very much join Sen- needs something he does not have, or if proved that he is an ideal partner for ator MCCAIN’s comment about General he thinks that changes should be made our many allies and friends, who are so McChrystal. I spoke about his heroics to our war effort, he will not hesitate critical to success in Afghanistan. In yesterday, his integrity yesterday at to offer his best professional military short, David Petraeus has proved that the Armed Services Committee in my advice to the President and to Con- he is a winner, and we need to give him statement, and I reiterate them today. gress. I am encouraged that this is the every opportunity and remove every General McChrystal is someone who man the President has given his con- obstacle so that he can help the United has the deep respect of all who know fidence. And I believe this should be an States and our allies to win in Afghani- him. And while fate took a strange opportunity for the Senate to join to- stan. bounce in his life, he has the strength gether, on a broad bipartisan basis, not General Petraeus has my full sup- and integrity of character that he is just to support the nomination of Gen- port, and I urge my colleagues to vote going to be able to deal with it very eral Petraeus, but to demonstrate to to confirm his nomination so he can well. the Americans we represent, as well as take up his new mission as soon as pos- We all want success in Afghanistan, to our friends and allies abroad, that sible. and setting a date, as the President has we are fully committed to the success I yield back the remainder of my done and General Petraeus supports, to of our mission in Afghanistan. time. begin reductions of our forces is crit- We must give General Petraeus every Mr. FEINGOLD Mr. President, it is ical to that success, because it is the opportunity to succeed in his new com- my general policy to defer to Presi- Afghans who must succeed, with our mand. And I believe that means stating dents on executive branch nomina- support. It is the Afghan Army that clearly that the withdrawal of U.S. tions. General Petraeus is clearly must grow and get stronger because it forces from Afghanistan must be deter- qualified for this position and, accord- is that way where the people will be mined solely by conditions on the ingly, I will vote in favor of his con- supportive of this effort, where they ground. What we are trying to do in Af- firmation. But regardless of who is in will take the risks if they know the Af- ghanistan, as in any counterinsur- command, the President’s current ghan Army is large. They know already gency, is win the loyalty of the popu- strategy in Afghanistan is counter- it is on their side. They will take the lation—to convince people who may productive. We should set a flexible risks to tell that army where the bad dislike the insurgency, but who may timetable for responsibly drawing down guys are, where the insurgents are, and also distrust their government, that U.S. troops, not just a start date, so not be afraid. they should line up with us against the that we can pursue a sustainable, glob- General Petraeus was asked yester- Taliban and al-Qaida. We are asking al campaign against al-Qaida and its day whether he backs the President’s them to take a huge risk, and they will affiliates. approach with respect to a deadline, be far less willing to take that risk if Mr. REID. Mr. President, with 100,000 and his answer was clear: ‘‘Not only did they think we will begin leaving in a troops fighting on the front lines of our I say that I supported it, I said that I year. In a news report yesterday, one battle against terrorists in Afghani- agree with it.’’ U.S. marine described the effect of the stan, the stakes could not be higher. President Obama has made a deci- July 2011 date on the Afghans she en- That’s why I was pleased that Presi- sion. General Petraeus is very much a counters: ‘‘That’s why they won’t work dent Obama chose a proven leader for part of that decision. He agrees with with us,’’ she said. ‘‘They say you’ll our forces in Afghanistan in GEN that decision that we need to begin re- leave in 2011, and the Taliban will chop David Petraeus. ductions in July of 2011 of our troops as their heads off.’’ General Petraeus is the right choice a way of sending a powerful message to In addition to being harmful, the to lead this mission in Afghanistan. He the Afghan leadership about their re- July 2011 withdrawal date increasingly has demonstrated that he can effec- sponsibility to provide security for looks unrealistic. That date was based tively carry out a counterinsurgency their own country. And when they do on assumptions made back in Decem- strategy and prepare local forces to take the lead—whether it is in oper- ber about how much progress we could take over the U.S. combat mission. ations in Kandahar or elsewhere—that achieve in Afghanistan, and how quick- The resounding bipartisan support is the way the people will rally behind ly we could achieve it. But war never that General Petraeus received in the the government, will rally against the works out the way we assume. Sec- Armed Services Committee and on the hated Taliban. retary Gates said last week, ‘‘I believe Senate floor sends the right message to The Taliban has no love among the we are making some progress. [But] it our forces on the ground in Afghani- people of Afghanistan. The Afghan is slower and harder than we antici- stan, our allies who share our mission Army does, and it is that army which pated.’’ I agree. Marjah is largely of defeating terrorism and the enemies must take the lead for the sake of suc- cleared of the Taliban, but the holding who seek to harm us. cess in Afghanistan. That is what set- and building is not going as well as It says that we are committed to suc- ting this date is all about. That is why planned. Our operation in Kandahar is cess in Afghanistan and we will con- General Petraeus supports setting that

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To announce a clerk will report the pending business. and for us. date of withdrawal is to announce a The assistant legislative clerk read A few final words about the July 2011 date for defeat. as follows: date set by the President for the begin- Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- Motion to concur in the House amendment ning of reductions in our combat pres- to the Senate amendment with an amend- ence in Afghanistan. That decision also ator from Michigan. ment to H.R. 4213, an act to amend the Inter- made clear that the pace of those re- Mr. LEVIN. Mr. President, I would nal Revenue Code of 1986 to extend certain ductions would be dependent on cir- also now reclaim the remainder of my expiring provisions, and for other purposes. cumstances at the time, and that the time. The PRESIDING OFFICER. The Sen- Pending: United States would continue a strong Reid motion to concur in the amendment strategic commitment to Afghanistan. ator’s time has expired. Mr. LEVIN. Mr. President, I ask of the House to the amendment of the Senate That July 2011 date imparts a nec- to the bill, with Reid amendment No. 4425 (to unanimous consent for 30 seconds to re- essary sense of urgency to Afghan lead- the amendment of the House to the amend- spond. ers about the need to take on principal ment of the Senate to the bill), in the nature Mr. MCCAIN. I object. of a substitute. responsibility for their country’s secu- The PRESIDING OFFICER. Objec- rity. We saw in Iraq the importance of Reid amendment No. 4426 (to amendment tion is heard. No. 4425), to change the enactment date. setting dates as a way of spurring ac- The question is, Will the Senate ad- Reid motion to refer in the amendment of tion. President Bush in November 2008 vise and consent to the nomination of the House to the amendment of the Senate decided to move all U.S. forces out of GEN David H. Petraeus to be General? to the bill to the Committee on Finance, Iraqi cities and towns by June 2009 and Mr. MCCAIN. Mr. President, I ask for with instructions, Reid amendment No.4427, to withdraw all U.S. forces from Iraq the yeas and nays. to provide for a study. by the end of December 2011. That deci- The PRESIDING OFFICER. Is there a Reid amendment No. 4428 (to the instruc- sion helped focus the Iraqi Government sufficient second? tions (amendment No. 4427) of the motion to and military on the need to take prin- refer), of a perfecting nature. There appears to be a sufficient sec- Reid amendment No. 4429 (to amendment cipal responsibility for the security of ond. No. 4428), of a perfecting nature. their country. The Afghans’ success, The clerk will call the roll. The PRESIDING OFFICER. The Sen- and ours, depends on that happening in The assistant legislative clerk called ator from South Carolina. Afghanistan as well. the roll. We have already seen a positive ef- The result was announced—yeas 99, CONGRATULATING THE UNIVERSITY OF SOUTH fect of setting the July 2011 date to nays 0, as follows: CAROLINA begin reductions of our troops. Lieu- [Rollcall Vote No. 203 Ex.] Mr. DEMINT. Mr. President, I rise tenant General Caldwell, who com- YEAS—99 today to congratulate the University of South Carolina men’s baseball team for mands our training efforts in Afghani- Akaka Ensign McConnell stan, told us that when President Alexander Enzi Menendez making history by winning the NCAA Obama announced the date, the Afghan Barrasso Feingold Merkley College World Series last night. Baucus Feinstein Mikulski Whit Merrifield’s clutch hit in the leadership made a greater effort to Bayh Franken Murkowski reach out to the local leaders and el- Begich Gillibrand Murray 11th inning brought home the winning ders, resulting in a surge in recruits for Bennet Graham Nelson (NE) run and gave USC its first ever na- Bennett Grassley Nelson (FL) the Afghan army. tional championship for any men’s Bingaman Gregg Pryor team at the university. General Petraeus has said he agrees Bond Hagan Reed with the President’s policy setting that Boxer Harkin Reid In spite of losing their first game in July 2011 date, and told me that if he Brown (MA) Hatch Risch Omaha, the team persevered through Brown (OH) Hutchison Roberts multiple elimination games. They were ceases to agree he will so advise his Brownback Inhofe Rockefeller Commander in Chief, which he, of Bunning Inouye Sanders motivated by the courageous spirit of course, has a responsibility to do as a Burr Isakson Schumer one young fan, Bayler Teal, who at age military commander. Burris Johanns Sessions 7 may have been the biggest Gamecock Cantwell Johnson Shaheen fan in America. He suffered from a rare Mr. President, I yield back the re- Cardin Kaufman Shelby mainder of my time. Carper Kerry Snowe form of cancer and died last Thursday The PRESIDING OFFICER. The Sen- Casey Klobuchar Specter during the Gamecock’s come-from-be- Chambliss Kohl Stabenow hind victory over Oklahoma. He wore ator from Arizona is recognized. Coburn Kyl Tester Mr. MCCAIN. Mr. President, this is Cochran Landrieu Thune his Gamecock ball cap the day he died. not the time for debate over strategy. Collins Lautenberg Udall (CO) Fortunately, Bayler’s parents and 5- I would point out that no one follows Conrad Leahy Udall (NM) year-old brother were able to be in Corker LeMieux Vitter Omaha last night to see the Gamecocks an uncertain trumpet, and for us to as- Cornyn Levin Voinovich sume the Afghan people will now rally Crapo Lieberman Warner win the final game of the College World to the side of democracy and freedom, DeMint Lincoln Webb Series. Dodd Lugar Whitehouse So today I join all South Carolinians when they think we are leaving and un- Dorgan McCain Wicker able to sustain a counterinsurgency on Durbin McCaskill Wyden and Gamcocks fans everywhere to con- their own, is the same kind of thinking gratulate the players, Coach Ray Tan- The nomination was confirmed. ner, and his staff for an outstanding that opposed the surge in Iraq, the The PRESIDING OFFICER. Under victory. same kind of thinking that would have the previous order, the motion to re- Now all America knows that USC doomed us to failure, the same kind of consider is considered made and laid means the University of South Caro- rhetoric that was voiced during our de- upon the table. bate on Iraq 3 years ago. They were The President will be immediately lina. Go Gamecocks. wrong then; they are wrong now. notified of the Senate’s action. FIRST-TIME HOME BUYER TAX CREDIT I would hope they would have learned f Mr. President, I want to speak in ob- the lesson of our success in Iraq: that jection to the majority’s latest at- we must show our friends and allies LEGISLATIVE SESSION tempt to secretly push through an- alike that we will be there to complete The PRESIDING OFFICER. The Sen- other extension of the first-time home the mission; not as a young soldier said ate will resume legislative session. buyer tax credit—the third time the

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12328 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 Senate has modified or extended this ‘‘Washington’s worst tax policy idea.’’ database. Had we had a database like credit since July of 2008, when it was They have estimated that the $12.6 bil- the one we have in this bill, it would be originally included in the majority’s lion already spent on this program very likely that the pilot of Flight 3407 Housing and Economic Recovery Act. through February created ‘‘close to would not have been allowed to fly that Home buyer tax credits have several zero’’ jobs and that at least 85 percent day. flaws, and I opposed them in the past of these buyers would have likely pur- Increased hourly requirements for co- because I believe they are a temporary chased a home anyway. pilots: If we had these requirements, infusion of capital into the market- Also, the Treasury Department’s in- the copilot on Flight 3407 would have place and simply increase the govern- spector general found the home buyer had more experience, and we may have ment’s grip on our Nation’s economic credit has been riddled with fraud and averted a disaster. growth. chronicled over 14,000 instances of false There are a number of improvements As often happens when the govern- claims. This is typical of government in the House bill, including enhanced ment becomes involved in attempting programs. The report ‘‘found as many mentoring for pilots, increased utiliza- to grow a portion of the Nation’s econ- as 67 taxpayers using the same home to tion of safety management programs, omy, we only create a bubble that will claim the credit’’—the same home. It better crew management initiatives, as eventually burst. As the National Asso- also found that over 1,000 prisoners re- well as clearer responses to NTSB safe- ciation of Realtors said in late April, ceived credit for homes they claimed to ty recommendations. All of these re- shortly before the expiring of the tax buy while in jail. forms will go a long way to improving credit on April 30: How is it fair to subsidize Americans aviation safety. It is time for the housing market to stand who purchased their first home only Sadly, we have yet to get this legisla- on its own feet. because they purchased it on the gov- tion across the finish line that would It is time for the government to stop ernment’s timetable? implement these reforms. Parochial picking winners and losers in the hous- With this latest extension of the politics, political payoffs, and back- ing market based on arbitrary dates credit, the majority is not only cutting room deals are keeping these impor- and arbitrary qualifications. For the defense spending to fund the credits, tant safety measures from passing. people who haven’t closed on their but now it is admitting that taxing Some Members are trying to cut spe- homes by today, it is not that they Americans at the highest rates in his- cial deals for special flights to their won’t get their house; it is only that tory isn’t enough. Now they are going States. Numerous Members are looking to impose new taxes on travelers al- they won’t get a taxpayer subsidy for to tax foreign visitors to pay for buy- ready burdened by too much taxation. having bought a house now rather than ing our homes in America. later. This taxpayer subsidy has been My hope is that my colleagues will Some Congressmen are trying to cut a funded by their neighbor, who may not use the recess next week to finally lis- special deal for their buddies in the have had the opportunity to buy on the ten to the millions of Americans who labor unions. All of these things are be- government time line. are tired of this Congress choosing win- side the point and are exactly what We have watched this majority push ners and losers. They are tired of the aviation policy should not be about. Since last October, the Senate has through big spending bills and targeted excessive spending, and they are fearful had a bill sitting before us that will government credits. What we have of tax increases yet to come. They are immediately implement the reforms learned is that government spending telling us very clearly: Stop spending, that the families of Flight 3407 have does not grow economic prosperity; stop borrowing, stop adding to the been calling for. They have waited too rather, government spending grows debt, and stop the government take- long. The fights over FedEx, taxes, and deficits. It creates economic bubbles. overs. Without a doubt, it increases taxes. Most of all, they agree on one thing: special flights aren’t going to go away For 18 months, this majority has cre- This Congress needs to get out of the anytime soon. If we let them, these ated a false sense of hope for con- way and let America get back to work. controversial issues will continue to sumers and markets while increasing hold up the safety provisions on which UNANIMOUS-CONSENT REQUEST—H.R. 3371 taxes on small businesses and the most we all agree. productive and hard-working Ameri- Mr. President, I will now speak on Let’s say that enough is enough; it is cans. Rather than creating tax equal- the status of the Federal Aviation Ad- time to pass the safety improvements ity and predictability for all Ameri- ministration legislation and, hopefully, and let the rest of the FAA stand on its cans, this Congress has tried to force move the process along a great deal. At own. taxpayers to subsidize the purchasing the end of this, I will offer a unanimous Madam President, I ask unanimous of cars, homes, and even appliances. consent request. consent that the Committee on Com- We know what works. When Amer- As many Senators will remember, merce be discharged from further con- ican businesses have the predictability early last year a small commuter plane sideration of H.R. 3371 and the Senate of low tax rates, they in turn invest in crashed just outside Buffalo, NY. The proceed to its immediate consider- job creation and create real economic accident killed all 49 people onboard ation; that the bill be read the third growth. and one person on the ground. time and passed and the motion to re- The enormous amount of spending In the months following the crash, consider be laid upon the table. this Congress has taken on is the Senate Commerce Committee and The PRESIDING OFFICER (Mrs. unsustainable and will eventually lead its aviation subcommittee held a num- HAGAN). Is there objection? to the highest tax increases in our Na- ber of hearings to get a better under- Mr. DORGAN. Madam President, I tion’s history. standing of what exactly went wrong object. This bill is no different. I ask my col- during Flight 3407 and what Congress The PRESIDING OFFICER. Objec- leagues, how many times do we need to could do to help fix it. tion is heard. The Senator from North extend this home buyer tax credit? I thank Senator DORGAN in par- Dakota is recognized. What do we tell the people who bought ticular for his leadership on this issue. Mr. DORGAN. Madam President, their homes just before it started, and From those lessons we have learned might I inquire of the Senator, we have the ones who bought their homes right and during the drafting of the FAA re- been trying to move a 30-day extension after it expired? Do we say their mort- authorization, our colleagues in the of existing authorities for the FAA, gage rates will be higher for the whole House worked with us, and we were which is essential and very necessary. time they own their home, and their able to craft a number of important re- Is the Senator holding that up? We taxes will be paying for their neigh- forms that formed the safety section of have had objection from his side, and bor’s home, who happened to buy in the both the House and the Senate reau- my information is that the objection government’s window of opportunity? thorization bills. was the Senator’s. Is that accurate? The nonpartisan Tax Policy Center Let me take a moment to outline Mr. DEMINT. Madam President, I has called the home buyer credit some of them: an FAA pilots records very much support the extension, but I

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12329 have asked that this safety provision Senate will include in the bill when it They have waited long enough. There be moved along with it so that we can is complete. We had hoped it would be is no reason that we need to hold these get this done instead of continuing to complete this week. That is not going safety provisions hostage to passing a allow it to be held hostage to political to be the case. whole bill that is bogged down in polit- interests on the bill. Shortly after we return, I fully ex- ical fights. I would be supportive of a unanimous pect to have a conference report on the I ask unanimous consent to amend consent request that would extend the floor of the Senate that will include all my unanimous consent request to in- FAA authorization 30 days if it in- of these safety provisions and more, I clude the 30-day reauthorization of cluded my request for the safety provi- should say—many more—because, as FAA. There are none of these provi- sions of the bill. the Senator knows, I chaired the hear- sions the Senator objects to. If there Mr. DORGAN. Madam President, I ings that helped develop these very are additional safety provisions that think this will be extended 30 days. procedures. can be in the final bill, we can do that. Failure to extend the current author- It would have been nice to have got- But nothing in my request com- ity for the FAA for the next 30 days ten some notice about what the Sen- promises what the Senator from North while we finish the conference report ator chose to do today. I do not think Dakota wants to accomplish. I ask will mean that 4,000 people at FAA will it is appropriate to try to leverage an unanimous consent to amend my UC to be furloughed, laid off. Don’t tell me extension for 30 days for the current call up and pass H.R. 5611. that promotes aviation safety. That is authorization of FAA, which, if not ex- The PRESIDING OFFICER. Is there the worst possible thing we can do—to tended, will result in 4,000 people being objection? decide that we are not going to extend furloughed at the FAA. To try to lever- Mr. DORGAN. Madam President, I current authorities, and after July 4, age passing a portion of the FAA reau- object. The PRESIDING OFFICER. Objec- 4,000 people will be furloughed at FAA. thorization bill that we are now negoti- tion is heard. With respect to what my colleague ating with the House and we are very The Senator from North Dakota. has just done, without consultation close to concluding does not make any Mr. DORGAN. Why don’t we stop this with anybody else, he decided to come sense to me. sort of thing? It is unbelievable to me to the floor of the Senate and talk No one cares more about these safety how dysfunctional this place is. I say about ‘‘special deals’’ and ‘‘new taxes’’ issues than I do. I can speak at to my colleague, we have worked on and so on. length—and perhaps I will—about the this issue for months and months. I Let me describe where we are. We Colgan crash. I understand what hap- wish it had been done in January, but have tried to keep the Senator’s staff pened in that cockpit. I read all the it was not. But we are very close to and him involved so that he under- transcription. I read all the informa- getting this done the right way. We stands where we are. In the event there tion available about it. I sat for hour have a couple things we have to do to- is missing information, let me explain after hour in hearings. What happened gether, and I hope we would not be de- where we are. there is an enormous tragedy. Some of bating this. We need to extend the au- No. 1, we passed an FAA reauthoriza- the things that caused it, in my judg- thorities for the FAA—and do it now— tion bill that includes modernization of ment, will be remedied and can be rem- for 30 days. I expect—and the Senator the air traffic control system, very edied and some of it is already rem- knows me because I have had conversa- substantial safety provisions, far more edied as a result of the action by the tions with Senator KYL, the No. 2 per- than what the Senator suggests we new FAA Administrator. son on his side. We all had conversa- adopt today. I simply want to say to the Senator tions with the Senator from South As the Senator knows because he is from South Carolina that I think it is Carolina and his staff. He knows we ranking member on the subcommittee, very important that we extend for 30 have been involved in finalizing at long we held a good number of hearings on days the current authority of the FAA last just the few remaining issues in the subject of the Colgan crash and the and avoid the furloughs his objections order to get a conference report to the safety provisions that need to be done would entail. If there is any way to floor of the Senate. as a result of it. The things the Sen- quickly and immediately and dramati- I have talked with and met with the ator raises on the floor today include cally injure safety in the skies in this families of the victims on the Colgan most of what I have suggested, among country, it would be to decide to have flight many times. I do not know that other things. I appreciate the coopera- that kind of furlough. anybody here has done much more tion the Senator offered when he was I did ask unanimous consent for a 30- than I have done to reach out to them, at the hearings we held on these safety day extension. I will do so again this to hold hearings, to listen to them, to issues. afternoon and hope that my colleague compliment them, to say to them: Be- But following the passage of this bill will not object to it. I have worked cause of what you are doing as families by the Commerce Committee, we have with my colleague all along the way on of victims, other people are going to not been able to appoint conferees in these safety issues. I wish perhaps he have their lives saved because of avia- this Chamber. That is symbolic of how would have consulted us in terms of tion safety. I do not take a backseat to dysfunctional the Chamber is these coming to the floor today at 12:45 p.m. anybody in my interest and concern days because we have objections even as a ranking member of a sub- about that and what I have done about to appointing conferees. Notwith- committee and saying: I am going to that. standing the objections, Senator take this on myself and do this, for I have not had the families of the vic- ROCKEFELLER and I have been working whatever reasons he described. tims come to me to say: Let’s decide to with the House, and we have kept the Mr. DEMINT. Will the Senator yield? object to extending for 30 days the FAA Senator involved, trying to narrow Mr. DORGAN. I will be happy to reauthorization or, by the way, let’s down most of the provisions that differ yield without losing the floor, if the decide to take this legislation apart between the House and Senate. There Senator has a question. and pull part of it out and leave some are 6 or 8 or perhaps 10 significant dif- The PRESIDING OFFICER. The Sen- of the safety provisions outside the ferences we are working on now, and ator from South Carolina. Senator’s amendment. the Senator mentioned a couple: the Mr. DEMINT. Madam President, we What the Senator is suggesting is issue of the perimeter rule, slots at have been promised for months that that we should pass legislation that Washington National Airport, a FedEx this bill, the FAA reauthorization, came to us from the Senate with an issue, passenger facilities charge, and which the Senator from North Dakota amendment of his that takes a portion other issues. and I approve, would go through. The of the bill out that he decided he wants I believe there is almost no dispute families of flight 3407 have been here out. at all about the majority of the safety constantly. As the Senator knows, one This bill, by the way, passed the Sen- provisions that both the House and the of those families is from my hometown. ate 93 to 0. The Senator was not there

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12330 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 that day, so he did not vote. But 93 thorities of the FAA. The House has colleagues will accept it the way we Senators voted, and no Senators voted passed it, has sent it to us, and is now passed it through the Senate, it would against it. We can get this done, but we awaiting action by the Senate. I per- be done today. But because of this are not going to get this done by com- sonally do not intend to support holdup, what I consider safety provi- ing to the floor without consulting amending it and sending it back to the sions being held up unnecessarily for anybody; let’s take a portion of it and House. I believe we ought to do what political reasons, I object. add it to a House provision and threat- we should always do; that is, try to The PRESIDING OFFICER. Objec- en to have the FAA not have their au- make things work, and the way to tion is heard. thority extended and they can furlough make things work is to give the FAA The Senator from North Dakota. 4,000 people in the coming weeks—that the extended authority they need while Mr. DORGAN. Madam President, let is not, in my judgment, a thoughtful we finish the negotiations with the me make a point very clearly. A num- way to proceed. House. ber of the provisions dealing with safe- My hope is that perhaps we, in a ra- I indicated that we have a meeting ty that relate to the Colgan air crash tional moment, can just decide: Let’s this afternoon. Senator ROCKEFELLER are being implemented already by the do the right thing. We are in con- and I have a meeting with the House FAA. Let me make that point, No. 1. ference with the House—not a formal counterparts this afternoon on these No. 2, in order to successfully do conference but a substantial number of issues. We have had staff working for a what we really need to do to promote meetings have gone on. We have an- long period of time. We are down to aviation safety, we need to get the bill other one at 5 o’clock this afternoon. very narrow, in my judgment, or at passed that promotes modernization of My hope would be that the Senator least a few narrow differences that I the air traffic control system. That is from South Carolina would agree that believe we can resolve. It would be a critically important. We are losing there is the right way and the wrong shame, in my judgment, if we do not, ground on those issues. We need to be way to do this business. We will get all just as a matter of courtesy, decide, able to move airplanes around this those safety provisions done and yes, this is the right thing to do while country and the world with GPS capa- more—much, much more—and we will we try to negotiate these final areas in bility. It allows them to fly more di- not leave any safety provisions behind that legislation. rect routes, with a much greater mar- that were in the legislation that passed This issue of safety, I indicated to gin of safety for passengers. The mod- the Senate 93 to 0. It is going to take my colleague—I guess the Senator was ernization of the system is critically another week or so beyond July 4, and absent when the Senate voted on the important. We worked long and hard we will have this done. bill itself. It passed 93 to 0. The Sen- on that issue. Madam President, I ask unanimous ator from South Carolina has been at This comprehensive bill includes air consent that the Committee on Com- the hearings. My colleagues have been traffic control modernization, safety merce be discharged from further con- at the hearings I have called on safety. provisions, and so many other provi- sideration of H.R. 3371 and the Senate The crafting of the provisions on safety sions that are important. proceed to its immediate consider- are provisions I largely crafted in con- My colleague, who is the ranking ation; that the bill be read a third time sultation with my colleague. member on the subcommittee that and passed, and the motion to recon- It seems to me to be Byzantine to be helped produce this bill, knows and I sider be laid upon the table. standing here and having my colleague know that we have to have a 30-day ex- Let me say that this is the 30-day ex- come to the floor offering this without tension. That has to be done and will tension of the FAA reauthorization consultation with anybody. It does not be done this week. I cannot believe my bill. make sense to do it this way. Let’s fin- colleague would go home and decide: I The PRESIDING OFFICER. Is there ish this the way Congress should finish don’t care who is laid off. I will tell my objection? its work: negotiate with the House. We colleagues how to quickly diminish Mr. DORGAN. Let me withdraw that can do that in the next week or two, safety in the skies, and that is to do request. get a conference report, bring it here, that, to behave like that. That is a Mr. DEMINT. I object. and have a vote on it, and it will in- nonstarter, in my judgment. The PRESIDING OFFICER. The Sen- clude all the safety provisions my col- It is also the case that we are not ator may withdraw his request. league wants, which I helped create, going to have somebody come to the Mr. DORGAN. I suggest the absence and many more. That is the right way floor without consultation and pull of a quorum. to legislate. this provision, that provision, or the The PRESIDING OFFICER. The The wrong way to legislate would be next provision out of the bill and say: clerk will call the roll. for us to decide we are going to threat- By the way, I want unanimous consent The legislative clerk proceeded to en to not extend the reauthorization of to get this done. That is not serious call the roll. the FAA and have about 4,000 people legislating. It just is not. Everybody Mr. DEMINT. Madam President, I ask laid off sometime over the Fourth of knows that. unanimous consent that the order for July weekend. These are people who It is time for us to start working to- the quorum call be rescinded. work at the airports division, engineer- gether. This place is pretty dysfunc- The PRESIDING OFFICER. Is there ing facilities, and equipment division. tional these days. This is exhibit A as objection? It makes no sense to do this. to why it is dysfunctional. My hope is Mr. DORGAN. Madam President, I Madam President, I ask unanimous that in the next couple of days, we can object. consent—this is H.R. 5611, the FAA ex- reach an understanding to fix some of The PRESIDING OFFICER. Objec- tension bill for 30 days—I ask unani- the issues that affect the Senator. tion is heard. mous consent that the Senate proceed Madam President, I yield the floor. The legislative clerk continued with to the immediate consideration of H.R. The PRESIDING OFFICER. The Sen- the call of the roll. 5611, which was received from the ator from New Hampshire. Mr. DORGAN. Madam President, I House. UNANIMOUS-CONSENT REQUEST—S. 3462 ask unanimous consent that the order The PRESIDING OFFICER. Is there Mrs. SHAHEEN. Madam President, I for the quorum call be rescinded. objection? ask unanimous consent that the Judi- The PRESIDING OFFICER. Without Mr. DEMINT. Reserving the right to ciary Committee be discharged from objection, it is so ordered. object, Madam President, I assure the further consideration of S. 3462, a bill Mr. DORGAN. Madam President, I Senator I am in complete support not to provide subpoena power to the na- just told my colleague that the unani- only of the 30-day extension but the tional commission on the British Pe- mous consent request I intend to read bill he and I passed out of the Senate. troleum oilspill in the Gulf of Mexico, is a unanimous consent request that Believe me, I was here for that and and that the Senate then proceed to its will extend for 30 days the existing au- very much support it. If the Senator’s consideration; that the bill be read

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12331 three times, passed, and the motion to authority to compel people to provide spill. Anybody remember that? Can reconsider be laid upon the table; that documents and to testify under oath. you believe it? The next day, they esti- any statements relating to the meas- The full devastation of this cata- mated that an absurdly low flow rate ure be printed in the RECORD, with no strophic spill is far from being known, of 1,000 barrels per day was taking further intervening action or debate. but surely we know now that it will be place. Then, on May 20, BP said they The PRESIDING OFFICER. Is there one of the worst, if not the worst, eco- were siphoning off 5,000 barrels of oil a objection? nomic and environmental disasters in day from what they claimed was a Mr. DEMINT. Madam President, on American history. We need to make 5,000-barrel-a-day spill—meaning that behalf of other Members of the Repub- sure this never happens again. The they were capturing all of it. Can you lican conference, I object. Presidential commission needs sub- believe it? The PRESIDING OFFICER. Objec- poena power to get the job done for the Then, video feed released under pres- tion is heard. American people. The House moved sure from Congress on May 21 showed a The Senator from New Hampshire. quickly to pass this legislation and the very different story, with a heavy flow UNANIMOUS-CONSENT REQUEST—H.R. 5481 Senate should now pass this important of oil still spilling from the well. In re- Mrs. SHAHEEN. Madam President, I legislation also. I can’t understand why sponse, only after that pressure and ask unanimous consent that the Sen- anyone is objecting to this. that video feed could be measured, the ate proceed to the immediate consider- Madam President, I yield the floor. company adjusted their siphon esti- ation of Calendar No. 442, H.R. 5481, a The PRESIDING OFFICER. The Sen- mate down from 5,000 to 2,200 barrels a bill to give subpoena power to the Na- ator from New Jersey. day to explain why oil was still flow- tional Commission on the BP Deep- Mr. MENENDEZ. Madam President, I ing. We now know that what the video water Horizon Oil Spill and Offshore want to rise in support of what my dis- actually showed was a much heavier Drilling; that the bill be read a third tinguished colleague from New Hamp- flow rate. Only recently have experts time and passed, and the motion to re- shire is trying to accomplish here, begun to have access to some of the consider be laid upon the table, with no which is simply to give the oilspill data they need to make more credible intervening action or debate. commission the subpoena power it estimates. This is legislation that passed the needs to be able to do its job—to bring On June 15, the Federal Government House 420 to 1. those individuals before it who might officially estimated that the flow may The PRESIDING OFFICER. Is there be reticent to come forth. be as high as 60,000 barrels a day, which objection? What we have seen here on the means that an estimated 3 million bar- Mr. DEMINT. Madam President, on floor—and what we have seen in the rels have been spilled so far. Three mil- behalf of other members of the Repub- last few minutes—is a whole process lion barrels. That would amount to lican Conference, I object. that I hope the American people under- more than 13 Exxon Valdez spills, The PRESIDING OFFICER. Objec- stand is a clear contrast between who which took place in Alaska. tion is heard. stands on their side and who stands on The point of all of this is that we The Senator from New Hampshire. the side of special interests. How is it need the truth. That is what Senator Mrs. SHAHEEN. Madam President, I possible that Members of this Chamber SHAHEEN is trying to accomplish—sub- think we are witnessing exhibit B to find it difficult to even proceed, when poena power for the commission so Senator DORGAN’s exhibit A about what the House of Representatives, in a near they can bring in all the parties they the problems are in this Chamber. unanimous vote, could say that the need to make sure we get to the truth. I don’t understand what is so objec- subpoena power is necessary for the We need someone to swear under oath tionable. In the House, 169 Republicans commission to be able to get to the that they are telling us, in fact, the voted in favor of giving the Presi- bottom of what happened? The House truth about what happened and how dential commission subpoena power. voted unanimously, save for one vote. much oil is spilling every day into the They understand how important that is Yet we cannot even proceed. gulf. because this commission begins their This isn’t rocket science. It is com- Common sense and good judgment investigation in the next few weeks. mon sense to most Americans. We need demand that we pass the legislation This should not be a partisan issue. I to fully learn the lessons of this dis- and move quickly to get to that truth. don’t understand why my colleagues on aster with a thorough investigation, I can’t understand, when I hear so the other side of the aisle are turning not to protect oil companies from hav- many of my colleagues talk about this into a partisan issue. ing their negligence exposed. We need truth and honesty and transparency, I find it unbelievable that after ev- to get answers from BP and that they can oppose the very effort to erything the people of the gulf region Transocean and Halliburton and every- give the subpoena powers that get us have endured, and that this entire one else, including the Federal agen- there. It is a sad day. country has witnessed for over 2 cies, not to give apologies to them, as While I have the floor, let me briefly months now, that anyone is still stand- I have seen Republicans suggest that say that something good did happen ing with the oil company that caused we should apologize to BP for making today as it relates to this process, and this disaster instead of the victims who sure the residents of the gulf region are I want to thank Senator BOXER, the are suffering from it. held whole. We need to know the truth, chair of the Environment and Public We recently learned that while BP and the commission needs subpoena Works Committee, Senator LAUTEN- was publicly telling us that the Deep- power to get the truth. So who are you BERG, and the very supportive members water Horizon rig was leaking an esti- protecting? What are we hiding here? of that committee, for passing my Big mated 5,000 barrels of oil a day, inter- In addition to holding information Oil Bailout Prevention bill out of com- nal BP documents showed, in a worst- and blocking data collection, BP has mittee today so that we can get an up- case scenario, up to 100,000 barrels of seemingly misrepresented the mag- or-down vote on the floor to hold big oil could actually leak into the Gulf of nitude of the spill. We need the truth. oil fully liable for the economic and en- Mexico. What that says to me is that Let’s go through a little bit of remem- vironmental damage they have caused. we need to make sure when we are in- bering a very short period of time how Frankly, it is time we have a vote, vestigating this oilspill, whether it be this Congress and the American people after so many Republican objections, with employees of BP or anyone else, were deceived. That is why there is a to this commonsense legislation. The that they are being straight with the need for subpoena power, to get to the bill that the committee passed is sim- American people. That is what sub- truth and to bring people to testify ple and common sense. It asserts that poena power would do. If we want to under oath. we want to protect those families, get to the bottom of what happened so We were told after the Deepwater Ho- those taxpayers—and all of us as tax- we can stop it from happening again, rizon burst into flames and then sank payers—not oil company profits. It as- the Presidential commission needs the onto the ocean floor that there was no serts that oil companies should bear

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12332 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 the burden of the economic damages Mr. DODD. If I may, before my col- to pass the Small Business Lending that their spill causes, not taxpayers. league speaks—I will yield to him right Act, and fall short of our commitment As we see the images and read the away. to America’s innovators and entre- stories from the gulf coast night after The PRESIDING OFFICER. The Sen- preneurs, then I fear that our Nation night, it could not be clearer that ator from Connecticut. will slip into a jobless recovery, and coastal families and taxpayers are the Mr. DODD. Before my neighbor from disadvantaged businesses will continue ones who need protection, not oil com- Massachusetts leaves the floor, let me to suffer the full effects of this great panies. With action such as this one in commend him for his comments here recession. the committee today, we have a lot of without getting into details of the bill I recognize that government cannot momentum going right now. I think he has offered but, more importantly, directly create jobs in the same way the American people have shown clear- the general thrust of what he has ex- that the private sector can. But few ly they want oil companies held fully pressed. As he is a newly arriving Mem- can deny that government has an im- accountable, and we are working to do ber of this body and may be here for portant role to play in setting America just that. I think we are developing a many years, I am wrapping up three back on the road to recovery. head of steam. decades of service. But I hope people Our job is to support and encourage It seems that the only people who will listen to what he has to say. responsible practices, impose common consistently work to protect oil com- People come to the Chamber and to sense regulations, and help to direct in- panies instead of coastal families right this institution with the idea of get- vestment to the areas that need it now are the oil companies themselves ting things done for our country. That most. That is why I believe we need to and some colleagues who seem to, no is so critically important. What he has pay special attention to the disadvan- matter what, oppose, oppose, oppose ei- suggested, what I have heard others taged and minority-owned small busi- ther having subpoena power to get to talk about today, is making this insti- nesses that have borne the brunt of the truth or lifting the liability cap so tution functional so we can actually this crisis. that the oil industry will be held re- come to terms. It is not easy. We rep- Under current law, the Small Busi- sponsible. resent different constituencies and dif- ness Administration provides key sup- Four times my Republican colleagues ferent interests. But if the spirit ex- port to these entities through its 8–A program. This initiative offers tech- have blocked the Big Oil Bailout Pre- pressed by Senator SCOTT BROWN of vention Act from passing quickly by Massachusetts in these brief remarks nical assistance, training, and con- tracting opportunities to small busi- unanimous consent here on the Senate he has made this morning can carry nesses that meet specific criteria. I am Floor, even though there is a fierce ur- forward in all the debates and discus- a strong supporter of this program, gency of doing so now. All but one in sions we have, we will find a lot more which has helped to keep disadvan- the committee today voted in favor of solutions. I want to say thank you. taged businesses viable, and made sure the poison pill amendment that would Mr. BURRIS. I thank the distin- everyone has the chance to share in have gutted the bill. And they have guished Senator from Connecticut, who economic prosperity. Since its incep- blocked, as I have said, the attempts of has certainly been an inspiration to me tion, 8–A has made a difference in my colleague from New Hampshire to in this body, and an inspiration to all countless communities, and eased some give the commission all the tools nec- of us. I will be leaving with him, al- of the worst effects of this crisis for though I certainly did not come with essary to do a full investigation. those who stood to suffer the most. So I say to them, if they continue to him. But he has been an inspiration to Yet, despite its success, this program’s stand in the way of our efforts to hold all of us. He knows what my—I will not impact has been artificially limited, oil companies fully accountable, they say publicly, but I thought the Senator because only a small number of busi- are going to get run over by public would have made a heck of a Supreme nesses are eligible for this kind of sup- opinion. I hope that now the com- Court Justice. port. mittee has acted, we can use this as an Madam President, as a public serv- As we cast about for a solution to our opportunity to finally hold big oil ac- ant, I have long been a strong advocate economic troubles, I believe we should countable, and in doing so, to send a for American small businesses—espe- leave no stone unturned. message to the industry that they are cially disadvantaged and minority- At various times since the onset of going to have to be extremely careful; owned businesses. the recession, both Democrats and Re- that they cannot cut corners; that they And even before I sought elected of- publicans have come to the table with cannot go cheap as they drill—to the fice, when I was a banker, I worked constructive ideas. Many of these have extent that we are going to allow drill- hard every day to spur investment on been passed into law—and I think they ing to take place. We cannot risk the Main Street. have made a real difference. But we kind of environmental disaster we now I fought to make capital available to must not find false security in early re- have in the gulf. By the way, 11 lives small businesses, so entrepreneurs and ports of success. were lost on that day on that rig. We innovators could create jobs and bring We have made progress—but the situ- must guard against a future generation prosperity to local communities. ation remains fragile. There is still facing this kind of environmental deg- But in today’s harsh economic cli- much more to be done. That is why I radation. That is what is at stake here. mate, many of these businesses are have introduced an amendment that That is what is at stake here. finding it harder than ever to stay would improve and expand the 8–A pro- It is incomprehensible to me that we afloat. gram. cannot get our colleagues on the other Credit has largely dried up, and cap- This measure would increase the con- side of the aisle to join us in this ef- ital investment is difficult to come by. tinued eligibility amount, from $750,000 fort. And even as our economy begins to to $2.5 million, so more small busi- With that, I yield the floor. inch along the road to recovery, small nesses could benefit from this assist- The PRESIDING OFFICER. The Sen- and disadvantaged businesses continue ance. ator from Massachusetts is recognized. to lag behind. It is no secret that minority-owned Mr. BROWN of Massachusetts. I I believe we need to do better. businesses, particularly those in poor thank the Chair. I believe we need to place small busi- or urban areas, have been hit hardest (The remarks of Mr. BROWN of Massa- nesses at the very center of our re- by the current economic downturn, so chusetts pertaining to the introduction sponse to this economic crisis. They as we look to our recovery, these are of S. 3551 are located in today’s RECORD are uniquely positioned to create well- the areas we should target for our under ‘‘Statements on Introduced Bills paying jobs and generate growth at a strongest support. and Joint Resolutions.’’) local level—so it is time to make them By expanding the existing 8–A pro- The PRESIDING OFFICER. The Sen- a priority again. Because, if this Con- gram, we can increase its economic im- ator from Illinois is recognized. gress fails to take action, if we neglect pact, without having to reinvent the

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We are in some of those rainy days that retirement or bill as a whole. ways insulated from the day-to-day ag- savings account can provide to weather On behalf of small and minority- onies our fellow citizens go through those storms have been eliminated. owned businesses, I ask for their assist- and have gone through over these last So there has been a shocking loss of ance in these troubled times. couple of years. wealth in our Nation as well. Trillions Our economic future may be uncer- But I also have a deep appreciation of of dollars are gone, incomes that will tain, but with my proposal and the the fact that my colleagues, despite never be made up. As I mentioned, lost Small Business Lending Act, we have not personally going through these ter- home values, even if you have been the rare opportunity to influence that rible times as their constituents are, able to hold on to your home, home future. understand the importance of this values, on average, have declined about Let’s pass these measures, to guar- issue. I am deeply grateful to each and 30 percent. So that equity you might antee some degree of relief for the peo- every Member of this Chamber over the have built up in that dream house, ple who continue to suffer the most. last 2 years and almost everyone in where you have raised your family over Let’s renew our investments in Amer- this Chamber has been involved in this the last 10, 15, 20 years, you paid one ica’s small businesses, and rely on debate or discussion to one degree or price for it maybe 20 years ago and had them to drive our economic recovery. another. The fact is we have come as the full expectation that property Let’s do so today. Let’s do it now, for far as we have in this bill because there value, while it may not skyrocket, tomorrow may be too late. is that interest and because there is would increase in value over the years. I yield the floor. that concern that we need to address So as you became that empty nester The PRESIDING OFFICER. The Sen- the architecture, the financial struc- as your kids went on to college or mar- ator from Connecticut. tures of our Nation so as to avoid the riage or jobs on their own, the hope Mr. DODD. Madam President, I kind of problems we have seen our Na- that you would be able to sell that should have noted, I will be leaving tion go through over these last several home to another hopeful buyer and with my friend and colleague from Illi- years. come out of it with some equity that nois as well. He has been a wonderful Again, the numbers have been re- would then provide for that security addition to this institution. He has peated so often I am almost hesitant to that you needed to contribute to your done a very fine job representing the repeat them this afternoon. Certainly family’s well being has been totally people of Illinois. I regret we didn’t get we will know better tomorrow. I guess gone in many cases, even if you have to serve more years together, that he the unemployment numbers will come held on to your home. didn’t get a chance to come here ear- out again. Well, the bill I briefly want to talk lier. He made a good contribution in But well over 81⁄2 million jobs have about does not do anything about what the short time we have been here. Had been lost. Frankly, I think that num- has happened. I would love to tell you the Senator been here longer, I think ber is an underestimation of what has if we passed this bill that you could get he would have made a significant con- happened. Some people have found your job back; that passing this finan- tribution over the years. I thank the part-time work, falling back in and out cial reform bill would give you your job Senator for the time he has served and of it. But the number, 8.4 million, is back. I would love to be able to tell you the manner in which he served as well. used. It is certainly no less than that that when we pass this bill you would WALL STREET REFORM and, I suspect, as I said, far more than get your home back or that somehow I rise this afternoon to spend a few that. you would be able to magically replen- minutes to talk about a most impor- Seven million of our fellow citizens ish that retirement account or savings tant piece of legislation facing this have had their homes fall into fore- account. body and, more importantly, our coun- closure. Every time I say that sentence This bill does not do any of those try, and that is the Wall Street reform it seems it is so brief to cite the num- things. All this bill does is to say that bill. In fact, the Presiding Officer has ber. But imagine, as we must, that mo- when the next crisis comes—and surely had a deep interest in the subject mat- ment when, despite all of your efforts, it will as night follows dawn, as tomor- ter and in her previous life actually that dream house you have acquired row follows today we will have another worked in the area of financial serv- for your family, because of a lost job, economic crisis. I never suggested this ices. She not only brings an interest the lost retirement, the closed busi- bill was going to stop that. What I hope from the State of North Carolina, one ness, all of a sudden that which you we are able to do with this bill is mini- of the fine States that has a significant had hoped and dreamed for that has mize the effects of that crisis when it involvement in the financial services of brought stability to your family, a occurs so that it does not metastasize. our country, but has also a knowledge great sense of joy and hope, dreams ful- That may be the best word to use in about these institutions, how they filled, is all of a sudden closed, fore- this case, much as a cancer does. work, and how the financial system closed, lost. When an economic crisis hits, if you works. I am very grateful to her for her Imagine coming home that night are able to handle it when it happens, thoughts and suggestions as we have when all of the efforts to hold on to much as you are able to handle a can- been through this rather long journey that home are gone and facing your cer when you discover it before it con- over the last couple of years in the family and telling them the house you taminates your entire body—the crisis wake of the financial crisis that befell have lived in—where you have played, that will happen if we can control it, our Nation most dramatically in the you have eaten, you have dreamt, you identify it early enough, begin to ad- fall of 2008. have laughed, you have cried, you have dress the problems that it poses, then I think all of our colleagues here done all of the things that building en- we might avoid the kind of cata- know what is at stake. We do not need shrines in the American family—is no strophic effect this present economic to spend a lot of time talking about the longer yours. For 7 million of our fel- catastrophe has caused, the most sig- circumstances over the last couple of low citizens that night has happened. nificant in almost 100 years, since the years. We know it, and more impor- Many more face the prospect of that Great Depression more than 80 years tantly, and more poignantly, our con- occurring in the months ahead, despite ago. stituents know it, because they are liv- the efforts to get our economy moving So I want to briefly talk about not ing it. again. Retirement incomes, of course, only the process we have gone through All of us have jobs here. We are fairly have vanished in a flash, watching the over the past year and a half, but also well compensated, to put it mildly, by markets decline. Literally years of what this bill is trying to do. Let me be

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Beyond that, I that are in the bill. with the health care debate and are have worked every day to keep my col- But we serve in a body of our fellow going to finally end up dealing with leagues informed every step of the colleagues, the 100 of us who serve cost and access to our health care sys- process, at least I have tried to, and if here, who work with those who work tem and making it more available to not them directly, their staffs, so there down the hall from this Chamber where people as a result of our actions taken, was that sense of inclusion, the model 435 of our colleagues serve, with an ad- it was not a pretty process. Anyone that everyone ought to be able to have ministration and regulators, not to who watched it, let alone those of us a role and participate in the debate of mention financial institutions and who were involved in it, certainly a significant bill. their employees and all that are in- would have preferred that we arrive at So the point I am making is, this bill volved in the financial network of our the conclusion in a manner differently was the product of collaboration of Nation, all are impacted and affected than what we went through. Maybe not many of my colleagues before the de- by this bill. So it is difficult to try to everyone would agree with that. I feel bate even began on the floor of the fashion a piece of legislation that ac- that way. Senate. On this floor, the debate lasted commodates the various interests and The second model, if you will, is the almost a month, one of the longest de- allows us to move forward. But that is one we just went through on financial bates in many years in the Congress of what we have tried to do. reform, which was about as open a the United States. Nearly 50 votes were Process is important. I will not dwell process as you could ever have. We cast by Democrats and Republicans on this point, but as someone who has went through literally months of lis- over a 4-week period. spent three decades of my life at this tening in our committee, the Banking One of the many that passed was the very desk—and it is the only desk I Committee which I chair, to hun- very second one, I think. Senator have ever sat at since the day I arrived. dreds—and I am not exaggerating— BOXER of California offered the first This desk was planted over in that far hundreds of experts who came and amendment that said taxpayers should corner as the 100th Senator in the body briefed us either formally or infor- never again be asked to pay for a bail- up until I—some 20 years ago when, mally, literally dozens and dozens of out of a financial institution. I think through seniority, you get to move formal hearings to dissect what had that passed unanimously. Then Sen- your desk around. I ended up in this happened, how we got into this mess, ator SHELBY and I offered an amend- seat, this spot about 20 years ago, next who caused it, how was it caused, and ment where we reached a bipartisan to this remarkable man whose life we what steps we should be taking to see agreement on measures to end all bail- are going to celebrate and are cele- to it this problem, another economic outs of financial institutions once and brating those days, ROBERT C. BYRD. crisis, would not explode as broadly as for all, one of the most contentious He has been my seatmate for the last this one has. areas of the bill. two decades. I invited my colleagues, Democrats From that point forward, over the As I said the other day, I was an 8- and Republicans, to be involved in all next 4 weeks, with almost 60 amend- year-old child sitting in the galleries of of those meetings, to see to it that ments back and forth, we ended up the other body watching my father, on they would be present, even at White passing the legislation by the thinnest January 3, 1953, and a 35-year-old new House meetings, to talk about what we of margins, overcoming the procedural Congressman from West Virginia be needed to do. We laid out our first votes we needed to in order to reach fi- sworn in as newly minted Members of ideas together a year and a half ago, nancial passage of the bill. Congress. Some 6 years later, I sat in even before marking up anything close The last time the Banking Com- that gallery up here, in the family gal- to a bill. mittee held a conference on any legis- lery, watching my father be sworn in I presented our first discussion draft lation was 7 years ago. So I took my as a Senator from Connecticut, along of this legislation in November of last committee product, the Senate prod- with a new Senator from West Virginia year, and it was a discussion draft. uct, and we went to what is called a named ROBERT C. BYRD, never imag- After that draft was put forward, I as- conference. The House had passed its ining, as a 7- or 8-year-old or as a 14- signed bipartisan working groups to at- bill in December. We had passed our year-old, that I would spend 20 years of tack the major issues in the bill. In bill in May. So what normally has hap- my life at a desk next to the man who March of this year, I unveiled a new pened in the past is they never meet, or has served longer than any other bill that incorporated many of the bi- if they do meet they met in closed-door human being in the history of our Na- partisan ideas that the working groups sessions to work out the differences. tion. had produced. In fact, what I asked to Then they would come back with a Process meant a lot to ROBERT C. be done in our committee, in the Bank- product. BYRD. The Constitution meant a great ing Committee, was divide up the labor The last time the Banking Com- deal. I carry with me, and every day I between Democrats and Republicans on mittee had been to a conference with have for 20 years, the Constitution that certain large, complicated subject mat- the House of Representatives on any ROBERT C. BYRD gave me and auto- ters. And to their credit, they worked bill was more than 7 years ago. Those graphed to me. It is rather threadbare very hard. It did not always come up meetings were held mostly in private; and worn today, but he revered this with a final answer in various areas, the public was never even invited into document. He could absolutely quote it but they contributed significantly to the room, let alone the press, to ob- verbatim. He gave me a copy, as he did the product we now have before us in serve and to cover the event. We to all new Members when they arrive, the form of a conference committee re- changed all of that. Our conference and the importance of understanding port coming to this body, coming to committee, the 42 members of both the role of this body in our constitu- the Senate. Chambers who met, again, for a 2-week tional framework. So I am grateful to RICHARD SHELBY, period, almost 70 hours that we met, He was such a great advocate of the who is not supportive of the bill, but we considered 180 amendments in 70 civility and the respect for each other was my ranking member and was the hours. And 54 amendments were offered as we try to fashion answers to our Na- chairman of the Banking Committee by Senators, 34 of which were offered tion’s problems. We have been through for 4 years before I took over the chair- by my Republican colleagues in the two major bills in the last Congress. manship in January of 2007. conference, 20 by the Democrats. There have been a lot of other bills to I will not go down the list and men- So combined, between the number of consider, but the health care debate tion all of the members, but the com- amendments we debated on the floor of

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That watched every minute of the con- As a departing suggestion of one money goes into deficit reduction. This ference and covered every second, gavel about to leave in 5 or 6 months, there is an offset; it is not a pay-for. What do to gavel, of the proceedings that went ought to be some value to the process I mean by that? If the budget of our on for almost 70 hours over a 2-week we have gone through. I have heard Nation was $100 and the cost of a pro- period. My point is, this model of con- this morning already concerns ex- gram was $10, you would have to make ducting our business, listening to each pressed because the institution, in the up that $10. It doesn’t go directly to other, debating and deciding what minds of some, is dysfunctional. I don’t pay for those programs, but it provides ought to be in this bill, stands in stark want to believe that. I want to believe the offset for the cost of those pro- contrast to how we went through the it is still a functional institution. But grams. health care debate. if, at the end, this process of what I The third piece of this to make up What is the point I am trying to have tried to lead on the banking bill the difference was by increasing the re- make? If at the end of this process it causes people to believe that it doesn’t serve ratio at the FDIC, which was sup- appears as though we still face a proce- make any difference, we are still going ported by the chairperson of the FDIC, dural objection to going forward, what to vote for procedural roadblocks to to go from 1.15 percent to 1.35 percent difference did it make, then, which this bill because we don’t like some of but to hold harmless all financial insti- course we followed if at the end of the the provisions in it or don’t like the tutions or banks that have assets under process it did not make any difference? bill, then I do despair in some ways for $10 billion and to do that not over 4 or The motion to invoke cloture is a whether this institution can ever func- 5 years but over the next 10 years until strange phrase that I suspect most tion. If, at the end of all of that, we end 2020. That provides an additional $5.7 Americans do not have the vaguest up with the same kinds of procedural billion. idea of its meaning, or very few do. It roadblocks as we had on the health The CBO has thus scored the entire sounds like something a doctor may do care debate, where I would argue there bill as providing an additional $3.2 bil- if you are ill, to get a cloture or some- was more legitimacy to invoking those lion in deficit reduction because the thing. That is what I thought it was procedural roadblocks, then I think the amounts we will be bringing in exceed when I first arrived here. institution is in a lot more trouble the cost of the bill. Briefly, cloture is a method by which than I would like to believe. I mention So, for my colleagues, ending TARP you end a filibuster. In this Chamber, the process because it ought to be im- and complying with what the Chair- under our rules, we respect the rights portant to people, seeing to it that we man of the FDIC has said is a far better of the minority, including a minority have a chance to go forward. suggestion. of one. At the end of that conference, we I would be remiss at this juncture if Members can talk as long as they can came up not only with the com- I did not specifically thank my col- stand up, under most circumstances, promises necessary for a bill but also leagues from Maine, SUSAN M. COLLINS and continue. ROBERT C. BYRD, in fact, how to offset the cost of this bill. The and OLYMPIA J. SNOWE. It was Ms. COL- held one of the records. It wasn’t the House rules require that we dem- LINS who said this is a better idea to record—Strom Thurmond holds the onstrate that the cost of the bill to the look at as an offset. I am grateful to record, a former Senator I served with overall Treasury of the United States her, as I am to her colleague from from South Carolina—but ROBERT C. is not going to leave it in deeper debt Maine and my colleague from Massa- BYRD conducted a filibuster for more than would otherwise be the case. We chusetts, Senator BROWN, who ex- than 14 hours. We can do that in this had to come up with offsetting costs pressed his concerns about the assess- Chamber. But if we want to end the fil- for the bill. ment approach. Again, I will let them ibuster, we have to invoke cloture. The first proposal was not met warm- speak for themselves on these matters. That takes 60 votes—more than a sim- ly. It was assessments on large institu- But it is important that colleagues ple majority—to say: We have had tions primarily. But there were strong know that, going back to a few mo- enough debate. The process has been objections expressed, and two or three ments ago talking about process, it fair. It is now time to vote. So we in- of our colleagues, who have been very was at the suggestion of Democrats voke cloture. If we don’t think the helpful on this bill in offering ideas and Republicans that changes were process has been fair, that we haven’t that would strengthen the bill and made to the bill, including the extraor- been given a chance to express our- made significant contributions, ex- dinary step yesterday of opening the selves, that we have been denied the pressed their concerns to me that this conference. There are those who want- opportunity to offer amendments or was an unacceptable offset, in their ed me to go forward anyway with it. contribute to the debate, then we vote minds. So I took the extraordinary Why would I do that if, in fact, Mem- against invoking cloture. step of reconvening the conference. We bers have said: I can’t be supportive There have certainly been many cir- met yesterday to change the offsets. under the present circumstances. The cumstances when that has been war- We did so by two things. One we kept opportunity to make a correction in ranted, but I don’t know how anyone the same, and that was by making per- the bill and therefore come up with a could make a case that a filibuster on manent the insurance fund in the Fed- better idea that was more acceptable procedural grounds is warranted on eral Deposit Insurance Corporation, to more of our colleagues seemed the this financial reform bill such as we making it permanent at $250,000. That appropriate step to take. That is ex- have been through. I don’t know what requires an assessment increase in actly what we did. That is how we have else I could have done to make every order to meet those obligations. That offset the cost of this bill. Member of this Chamber feel more in- was already in the bill. The Congres- I will provide additional data. If I cluded in the debate on the reform of sional Budget Office scores that as pro- have misspoken on the numbers, I will Wall Street. If there is something else viding about $8.5 billion in revenues correct my own statement for the I could have done to say to a Member: over the next 10 years. That was there. record. But I believe I am approxi- You would have had additional rights The second piece we did is end TARP. mately correct. or opportunities, I would like to hear That is something all of us have want- Again, none of this is easy. I know it. I don’t think I could have. You can’t ed to see since the inception of the pro- there is a temptation at times like this spend 4 weeks in this Chamber through gram. Can we bring this thing to a for emotions to rise, passions to find

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More than 2,000 pages are in- We also include for the first time in- and major swap participants. These cluded in the bill. There are provisions stitutions that are financial institu- safeguards will ensure taxpayers are that are not ones I would write myself, tions that have operated in the shadow not left on the hook for Wall Street’s but this is the legislative process. economy of the Nation—no regulation, bets, particularly with depositors’ I introduced a bill last November, the no one moderating their behavior. This money, as we saw happen, or an AIG one I would have preferred, but in the bill brings them all in. They will now circumstance. months since, many Members have had be regulated and controlled, so they The bill has the so-called Volcker their opportunities to make changes. can’t engage in the kind of wildcat be- rule to prohibit banking organizations Some changes I liked; some I didn’t. havior that brought our Nation to the from engaging in proprietary trading But it should not be that because you point we have been. and strictly limiting their sponsorship don’t like one or two or several provi- The bill creates a consumer financial and investment in hedge funds and pri- sions of a bill, that ought to become services protection bureau. I get people vate equity funds. Again, if they want more important than the total impact acting as if this was the most radical to risk their own money, that is one of what you are trying to achieve. idea in America. If you buy a faulty thing. Risking your money ought to be There are those who don’t like the bill, product—a toaster, a car, a television something else. We have expanded the any part of it at all or very few parts set—and it is a crummy product, you Volcker rule, with balance to it. We of it. Again, I understand that. Those have a place to go to get some sort of don’t totally eliminate the ability of a people are going to vote no. But when redress. In fact, they are required to re- bank to hedge on things that are criti- someone tells me there is one provision call the products under the Consumer cally important for them. We believe it or two they don’t like and as a result Product Safety Commission and oth- is an important rule. Without it, we they are going to vote against every- ers. If you get a crummy mortgage, a are right back where we were before. thing, that I don’t understand, can- crummy insurance policy, you get a The bill brings transparency to the didly. crummy piece of stock because some- Federal Reserve. I thank BERNIE SAND- We have had our debate. We voted on one lied about it, where do you go? ERS of Vermont and others who have hundreds of individual provisions be- Whom do you call? You get a lawyer— insisted on greater auditing and ac- tween the House and this body. There I guess that is the answer—if you have countability out of the Federal Reserve will be procedural votes. I have made the resources. This bill sets up, for the System which under our bill will bring my case that at some point, a process first time in our history, a place where transparency to it with audits of the that is as open as this one has been, as the average consumer of financial serv- so-called 13(3) emergency lending that inclusive as this one has been, as hos- ices might be able to get a redress of took place during the financial crisis, pitable as I could possibly make it, as their grievances. and a requirement that the Fed dis- civil as I could possibly make it—if the I know people are acting as if this is close who these so-called counterpar- procedural roadblocks are no different some wild socialistic idea, some crazy ties are and information about the than the legislation that was con- leftwing notion, after what the country amounts they are putting at risk and, ducted without any civility, without has been through, that we could end up in turn, for the American taxpayer, any of the cooperation and inclusive- having a place where the average setting conditions on how that money ness of this, then what is the lesson? American citizen, who wants to have can be used, putting real limitations on What is the lesson for the next major faith and trust in our economic sys- it, and giving this body, the Congress bill if, in fact, going through all of that tem, can go to get some relief. God for- of the United States, a chance to re- gets you no further in the process than bid they are treated as they have been spond if, in fact, they exceed their au- what we have been through? in too many instances in the past. That thority. This bill doesn’t bring back your is part of this bill. Further, the bill limits the emer- home, your job, your retirement in- This bill will create an advanced gency Fed lending through 13(3) so it come. What it does do is to try to see warning system. Instead of one set of can no longer be used to prop up an in- to it that the next crisis will not cause eyes that, frankly, were closed most of dividual company, as they did with the deep problems this one has. the time, we now have what we call AIG. Let me briefly identify the two or sort of a risk assessment council made The bill requires people to have skin three or four things that are major in up of the various Federal agencies that in the game, requiring companies that the bill. In the absence of these, if we have prudential responsibility over fi- sell products like asset-backed securi- defeat the bill, all of this is gone and nancial institutions to be meeting and ties to retain at least 5 percent of the we are right back to September of 2008, looking at what is going on in the credit risk, so there is no longer an in- right back where we were when this economy, not only here in our Nation centive to sell garbage and junk loans body voted, with less than 40 days to go but abroad as well. Are there things oc- to people who could never pay them before a national election, to ask the curring within companies, within back thus exposing our economy and American taxpayer to write a $700 bil- interconnected companies, within our country to further abuse. lion check to bail out and stabilize fi- countries that could pose a financial These are all things in the bill. If we nancial institutions. If you reject this risk to our Nation? Spotting them scrap it, we are right back without any effort we have been involved in for al- early enough to put a stop to them, to of these protections. I will tell you, it most 2 years in the week when we come break them up, as a last resort, or to will be a generation before the Con- back, then we are exactly where we insist that certain things be done to gress comes back to deal with these were in the fall of 2008, with all of the avoid these metastasizing events that issues again because in the absence of vulnerabilities we saw our country ex- have contaminated every aspect of our the crisis we have been in, we would perience as a result of not reforming life because no one stood up early not have gotten to this. The crisis gave the structures to our financial system. enough to stop them when they first us an opportunity to respond. These This bill will end taxpayer bailouts spotted them. were not new issues. These issues had by making it tough for companies to The bill further brings transparency been lingering around. But the finan- engage in the kind of irresponsible be- and accountability to the derivatives cial resources behind many of these op- havior that threatened the economy. It market, a $600 trillion—that is not erations are totally resistant to the

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12337 changes we are talking about because us and defraud us; that it is not going offered and considered by my fellow there is too much money to be made to send people out to lure us into situa- colleagues to this bill in this Chamber for them and too much risk for the tions they know we cannot afford and in the most open process in decades. It American consumer to absorb, and it they know they can sell off quickly and is the only time I have ever seen a con- was not going to have the same kind of make a fast buck on. That trust in our ference conducted with the public concerns and interests brought to the financial structure, which was so im- viewing every single second of it, with bargaining table when these issues and portant for so long, has been severely 42 Members from the House and Senate this legislation was drafted. damaged over what has occurred in participating almost 70 hours in a 2- The bill gives shareholders, the own- these last several years. week period, not to mention the month ers of public companies, a say on exec- More than any other provision of this we spent on the floor of this Chamber. utive pay and so-called golden para- bill, more than anything else any of us So I have done everything I know chutes. We require public companies to can write into a piece of legislation, is how to do in trying to accommodate take back compensation awarded based whether we are going to regain the my colleagues to make this as fair and on phony financial statements. confidence and the optimism and the as balanced and as thoughtful as we Shouldn’t the owners of public compa- trust of that hard-working American possibly could. But now is the time to nies have some say in these matters? family to believe that when they de- act. Further, the bill encourages whistle- posit that paycheck, there is not going I wanted to take a few minutes today blowers with a new program at the Se- to be someone investing in a hedge before we, tomorrow, participate in the curities and Exchange Commission to fund or some risky venture with their solemn ceremony of celebrating the encourage people to report securities money—that is prohibited in this bill— life of ROBERT C. BYRD in this Cham- violations. Ask the victims of Bernie or when they buy a stock there is not ber. It will be a historic moment. I Madoff whether that kind of provision going to be someone out there who is know it was a desire of his when he was might have made a difference, when we actually scamming them in a kiting alive that at the time of his passing he had the whistleblowers writing and system which ruins them forever and be recognized in this Chamber. Then, begging the Securities and Exchange their families, or when they get a on Friday, many of us will travel to his Commission to take note of what was mortgage on a home there is someone home State of West Virginia, which he happening with the Madoff scam. No not sitting across the table promising served so remarkably well over the 58 one was willing to do a darn thing to be their financial adviser when they years of his service, to participate at about it. Literally thousands of people are anything but in the process. his funeral services. Then we will be were wiped out because no one both- That trust has been so severely hurt gone for a week over the Fourth of ered to listen to a whistleblower who that our hope is, more than anything July break. Shortly after we come identified the problem. else I have written into this bill, we back, based on the schedule set by the This bill changes that. It is not to will be able to bring us back to where majority leader and the minority lead- say there will not be additional scam Americans feel confidence and trust in er, we will vote on the financial reform artists. I promise you, there will. But our country’s financial systems again. package and bill. instead of denying the existence of a So nothing less than that is at stake. So today I wanted to take a few clos- whistleblower standing up and telling a This is a fundamental overhaul of the ing minutes to say to my colleagues, I regulatory body their responsibilities, way our financial system is regulated. do not know what else I could have this bill requires them to take note and It is the greatest change to occur since done to make this more inclusive, to to act. Additionally, because of the size and the reforms which were invoked after provide more balance and sense to all the complexity of this bill, it is almost the Great Depression of the 1930s. of this, to respond to the concerns my certain there will have to be a bill with Beyond that, of course, it is impor- colleagues have raised in what we have technical corrections in the future. tant that what we have done could be done. So when we take the sum total—ob- harmonized with other nations. The I urge you, I plead with you to give viously, I am describing five or six pro- American President, Barack Obama, us the vote on this bill and to under- visions in a 2,000-page bill—we have a went to Toronto a few days ago to a stand the process we have gone product that I think restores financial meeting of the G20. The conservative through and to set a template to say security and trust. Let me mention Prime Minister of Canada pointed to that a process followed by which every- just this point on trust because there is this legislation and said: This is an op- one gets a chance to participate ought no financial number I could put on portunity for America to lead in help- to be the model of how the Senate con- trust. But it may be the most impor- ing the rest of the world to harmonize ducts its business. I hope my col- tant element of all. Put aside all of its rules on financial services. Defeat leagues will not underestimate the those individual provisions and titles this bill and someone else will set the value and importance of that approach of the bill, the one thing that has been ground rules, and we will have to har- we have taken with this bill. so severely damaged that is the most monize with them. I have taken a long time, and I apolo- important to restore is the trust of the If my colleagues think that is a bet- gize to my colleagues. But I wanted to American people in our financial sys- ter result, to let the European Union or explain the process of what we have tem. Today that trust has been shat- someone else write what the standards done in conference. Again, I thank the tered by what has happened. are going to be, then have it and defeat majority leader. The majority leader In the absence of people trusting that the bill. But if my colleagues believe it does not get thanked enough. He is the the financial system is fair and equi- is better for the United States to lead captain of our Senate, as the majority table, then I think we are in deeper and provide the guidelines and the leader was under Howard Baker and trouble than any fix I can write into a structures that the rest of the world Bob Dole and Bill Frist and Tom bill. People understand when they de- can rally around, then get behind us Daschle and George Mitchell and ROB- posit a paycheck in a bank, there is an and support this effort because nothing ERT C. BYRD. Without his willingness assumption of risk that ought to be less than that is at risk, as well, in this to make sure we are here to conduct very little. When they buy an insur- legislation. that debate, it would not happen. ance policy, it is a different assump- So no one is going to get everything So I would be terribly remiss, at the tion of risk. When they buy a stock, they want in this bill. I certainly did conclusion of these remarks, if I did there is an even further assumption of not. No one ever does. I have never not express a special thank-you to risk. There are no guarantees it is seen a bill in 30 years that ended up be- HARRY REID of Nevada, the majority going to give a great return. In fact, it coming the prerogative of one small leader, for making it possible and being may fail. group. This has been a collective ef- supportive of this open process we have But we ought to be able to trust the fort—a truly inclusive, collective ef- been through. Without his willingness system; that it is not going to deceive fort. Over 100 amendments have been to allow that to happen, it would not

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12338 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 have happened. I am deeply grateful to broken promise and why the American aged by the President’s words, the him and his staff and others for mak- people continue to be so very skeptical President’s promise, but, again, it is ing it possible for us to come to the about this new health care law. another broken promise to the Amer- moment we are in; that is, to vote for We have heard the promises in the ican people. This is a letter dated June this important piece of legislation. past by the President. He said: If you 18 of this year. He says: With that, I yield the floor. like your health care plan, you will be A few months after the passage of Presi- The PRESIDING OFFICER (Mr. able to keep your health care plan. Pe- dent Obama’s health care overhaul, a post- UDALL of New Mexico). The Senator riod. He said: No one will take it away. card arrived which led me to believe there from Wyoming is recognized. Period. may be a benefit coming to my small firm. HEALTH CARE Last week I came to the floor to talk The mailing from the Treasury Department touted a generous 35 percent tax credit to Mr. BARRASSO. Mr. President, I about the fact that over half of the come to the floor today, as I have each firms with less than 25 full-time employees people in this country who receive averaging less than $50,000 per year in wages, week since the health care bill became health care through where they work— a category which includes my company. In signed into law, to visit with Members half of them—will lose the coverage fact, I thought we were right in the sweet of this Chamber about experiences I they have, and it may be within the spot, with 17 full-time employees averaging have had, having practiced medicine in next 4 years. Those are not my statis- slightly more than $42,000 per year. Casper, WY, since 1983. For a long time, tics. That is the report that came right Well, small business needs relief. He I was an orthopedic surgeon taking out of the White House just a little goes on to explain about his company: care of families across the Cowboy over a week ago. I manage Pinney Printing Company in State. I come today, as I have week So the public is skeptical. I come to Sterling, Illinois. I am the president of the after week, to offer a doctor’s second you as someone who has worked with firm which our family has owned for 100 opinion about the health care law be- preventive medicine, who has worked years. Health care expenses are a major ob- cause it seems every week since this as the medical director of Wyoming stacle to Pinney’s long-term prosperity. Each year in May, our policy renews and we bill has become law there is some new, Health Fairs that have provided low- unintended consequence, some new de- are faced with double-digit premium in- cost health screenings for people all creases—20 to 40 percent in recent years. velopment, some new sharing of infor- across the Cowboy State, where thou- Some of the increase is absorbed by the mation that the American people seem sands of people show up at health fairs company, and some gets passed on to the em- to say: That is not what I want for my on weekends to learn what their blood ployees through higher premiums, health care. It is not what I want for sugar is and how to help get that down; deductibles, and copays. We have experi- my family. to help people with diabetes, where mented with self-funding and high-deduct- During the debate of the health care ible health plans. Last year we were forced they get to learn what their choles- bill, it was the Speaker of the House, to downgrade to an HMO plan. terol levels are and how to get that NANCY PELOSI, who said: First you We are nearing the end of our rope, so I better controlled, to learn if they have must pass the bill to find out what is in was hopeful to learn there could be some thyroid problems and do screenings for benefit for us in the new law. it. Well, as the American people con- cancer as well. tinue to learn about what is in this new And what small business owner So people all across this country are health care law, they continue to be wouldn’t? concerned with their care and the qual- He goes on to say: disappointed with so many broken ity of their care and the cost of their promises that were made by Members Postcard in hand, I did a quick calculation care. and figured our tax credit should be about on the Democratic side of this body The President has made a number of $28,000. That is 35 percent of the $80,000 we and by the President of the United promises, and there is another one he expect to spend this year on employee health States. care premiums. I phoned our health insur- The initial goal of the health care made that I wish to talk about today, and that is a promise the President ance broker and inquired whether anything bill, which is now law, was to lower the special had to be done, not wanting to be ex- cost of care, to increase the quality of made to small businesses. On May 7, cluded by some technicality. He reported care, and increase the access to care. President Obama, on his monthly job there was no special requirement—more good Yet in the weeks that have gone by— numbers, said: news. and the President of the United States Four million small businesses recently re- Aha, the next section: ‘‘Barrier to had a press conference last week, 90 ceived a postcard in their mailbox telling Tax Credit.’’ He said: them that they are eligible for a health care But there was a problem. A few weeks later days into the process—it seems to me tax cut this year. this law is going to be bad for patients, I received an e-mail with a link to the Na- those who need medical care in this That is what the President said. He tional Federation of Independent Business’s country; it is going to be bad for pay- said: online calculator. This is a calculator de- ers, the patients who pay for their Four million small businesses recently re- signed to help firms determine their quali- fications for the tax credit. I plugged in our care, the businesses that pay for the in- ceived a postcard in their mailbox telling them that they are eligible for a health care numbers, and pressed ‘‘update’’ to yield a surance, the taxpayers who are going tax cut this year. calculation of . . . zero-zip, nada! to be burdened additionally; and it is Double-checking, I tried again and again, He went on to say: bad for providers, the nurses and the finally concluded that the 35 percent tax doctors who try to take care of these It’s worth perhaps tens of thousands of dol- credit will be available only to firms with patients. lars to each of these companies. ten or fewer employees averaging $25,000 or So as I look at this, it seems to me Well, on face value, that sounds pret- less per year. Increasing either factor—ei- this health care law is going to result ty good. Small business owners all ther the number of employees or the average salary—greatly diminishes the magnitude of in higher costs for patients and less ac- across the country would welcome that sort of help. Yet I wish to bring to the the tax credit. Increasing both factors yields cess and less quality. That is why a parabolic reduction in the result. across the board still a majority of floor today an article written by one Being in the graphic arts industry, I de- Americans want this bill repealed, small business owner, Charles Arp. The cided to create a chart diagramming the lim- want the law repealed and replaced be- title of his column is ‘‘ObamaCare’s its of this ‘‘generous’’ tax break. cause, basically and fundamentally, Broken Promise: One Company’s Expe- I have the chart here. they do not believe this was a law that rience.’’ He goes on: was passed for them. They believe it I talked with Mr. Arp yesterday by Not one to give up easily, I continued my was a law that was passed for some- phone. He is in Illinois. He said this is pursuit— body else. They think, as a result, they absolutely what has happened to his because he had the postcard, of are going to end up paying more and business, and he knows I am going to course. getting less. be sharing it on the floor of the Senate He said: That is why today I come to the Sen- today, because he has concerns. He got Surely, there was some benefit in this for ate floor to talk about an additional that postcard. He was at first encour- me, after years and years of paying the toll

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12339 for big-government programs and receiving These are the things I will continue be paid for now by adhering to their nothing. to work on. These are the things I will own policy of pay-go. Each time the The vague language on the postcard in- continue to come to the Senate floor Senate has proceeded to vote on ex- structed readers to learn more at www.irs.gov. There it said to exclude owners, and share with the Members of this tending unemployment benefits, Mem- those having a stake of 5 percent or more, body and the American public. Today, bers in this body have had two options: from all the input values. I eagerly entered that is why I offer this second opinion, One, the Democratic option of extend- new numbers—subtracting myself, my an- and another reason to repeal and re- ing these benefits and putting the nual premium, and my salary. This brought place this health care law. debt—adding the debt on to our chil- our head count down to 16 employees and Thank you, Mr. President. I yield the dren and our grandchildren. On the dropped the average salary to $40,000. I entered the numbers, and the NFIB calcu- floor. other side, they have had the Repub- lator displayed the same result—another big The PRESIDING OFFICER. The Sen- lican option of not only extending goose egg. ator from Nevada is recognized. these vital unemployment benefits but He goes on: Mr. ENSIGN. Mr. President, I wish to also paying for them at the same time Talk about unintended consequences! My talk about the extension of unemploy- by reducing spending in other areas. firm would have to reduce its workforce and ment benefits in the larger context of The other side of the aisle has voted cut employee wages to benefit from this our national debt. against these commonsense proposals newly enacted Patient Protection and Af- Allow me the opportunity to throw each time—six times, to be exact. fordable Care Act. Is this what the objective out a few numbers which I then will ex- Let me make that more clear. Demo- should be? plain in a few minutes: $30 billion, $200 crats have voted against paying for the I would never consider taking such an ac- billion, $13 trillion, $114,000, and 60 per- tion. Most of the employees have worked at unemployment extension six times. Pinney for twenty years or more. It did get cent of GDP. To many Americans, Unfortunately, this isn’t the first time me thinking, though: Maybe we could divide these numbers are just that—numbers those on the other side of the aisle Pinney Printing Company into two smaller with no real meaning to them. Unfor- have gone against their own pay-go firms. While I’m no expert at gaming the tunately, the same can be said for policy, but it is the first time they government, like some people, it’s certainly many here in the Senate as well. These have hurt thousands of Americans in a possibility many will consider. are just simple numbers without con- doing so. I feel foolish now, after getting my hopes up for a government solution to our problem. sequence. I mentioned the number of $200 bil- Our firm is running out of affordable options. Nothing can be further from the lion earlier. This is the number that It is my belief that health insurance truth. These five numbers are markers represents the amount of spending that should be decoupled from employment and along the road to fiscal catastrophe has violated the Democrats’ own pay- bought by individuals and families in the that we are heading down at full speed. as-you-go policy. Four months ago, same way automobile insurance is pur- These five numbers together are sym- there was a signing ceremony down at chased. It is my fear that ObamaCare is a bols of the great threat to the stability the Rose Garden with the President. step in the wrong direction and matters will get worse, not better, for Pinney Printing of our country, both today and in the The Democrats decided to heed the Company and others like us. future. warnings of many here, including my- So the $30 billion number. Fourteen So there you have it. It is a heartfelt self, who said that we were literally letter written by someone who got the percent of Nevadans are unemployed at bankrupting the future of our country postcard from the IRS, from the Presi- this point. People are hurting across with the amount of national debt we dent, listened to the President’s state- my State. We lead the country in un- were passing down to our children and ment that said you will be eligible, but employment. Well, a lot has been said our grandchildren. So they came up what he found out, as did many small on the issue of extending unemploy- with a policy that would mandate pay- business owners all around the country ment benefits, and while this issue has ing for spending proposals now rather who received this postcard, is that it become one of political fodder and par- than later. However, there were a few doesn’t apply to them, and if they want tisanship, the facts on this issue have caveats to this new fiscal responsi- to make it apply to them, what they been left out in favor of high-strung bility proposal, one of which allowed are going to need to do is actually fire rhetoric and political opportunity. for emergency funding to be exempt. employees and lower the wages of the Let me take a moment to explain to What we have witnessed in the last 4 other employees. It makes no sense at my constituents the real debate on this months has truly been a genius way of all, and that is why I talked to Mr. Arp issue. I, along with my Republican col- skirting this pay-as-you-go policy. yesterday, the owner of the company, leagues, believe that extending these They have deemed a grotesque amount who said he found this deceiving. benefits for the unemployed should be of domestic spending as ‘‘emergency So that is why I come week after a top priority here in the Senate. I spending’’ when, in fact, it is not an week to the Senate floor to say it is think both sides of the aisle agree on emergency. time to repeal this legislation and re- that. I know we could pay to extend They have done this most recently place it with legislation that delivers these benefits now by cutting spending with unemployment benefits. It is hard more personal responsibility, puts pa- in other areas and redirecting some to argue that funding that we knew tients in charge; a patient-centered stimulus funds which have had little would expire to be an emergency, but health care plan that allows Americans impact on the economy in my State they have tried to do so anyway. The to buy insurance across State lines; and across the country. real sticking point here is that if we one that gives individuals the same tax Despite what some of my other col- are to deem every spending measure relief as the big companies when they leagues may say here on the floor, that comes to the floor of this body as buy their own personal health insur- there is no debate on extending the an emergency, then we are only speed- ance; one that provides individual in- benefits for those who have fallen vic- ing up our path to fiscal ruin, ensuring centives like the people who attend the tim to OUR downturned economy. The that our record-breaking national debt Wyoming health fairs—people who take debate on this issue actually lies with continues to be just that—record responsibility for their health and who the fact that those on the other side of breaking. try to find and detect problems early the aisle want to take the easy way Another number: $13 trillion. That is to get down the cost of care. We need out, and they want to avoid paying for our national debt today that we have to replace it with something that deals this important legislation because it is reached. It is a new milestone. But it is with lawsuit abuse and the expense of tough to make cuts. Instead, we are not one that I think many are cele- unnecessary tests due to doctors prac- going to add another $30 billion on to brating. Our national debt broke into a ticing defensive medicine. We need one our record-breaking national debt. I new stratosphere when it crossed the that allows small businesses to join to- know that $30 billion is just another $13 trillion threshold—truly an as- gether to find less expensive insurance number to those on the other side of tounding number. But this gets much to their employees. the aisle, but it is one that could easily worse over the next 10 years under the

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.000 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12340 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 President’s own budget. The debt that number, what it means. It is a critical fiscal responsibility and economic re- will be added by 2019 will be three milestone on the path to fiscal ruin. covery. times the amount that was rung up Most of us remember the images we Why are we not reducing unnecessary over the first 232 years of this coun- saw on the nightly news of the riots and wasteful government spending to try’s history. So take all of the Presi- breaking out across Greece when it was pay for these unemployment extension dents before President Obama, all the revealed that the government was be- benefits? Senator COBURN’s office has way through George W. Bush, and add yond bankrupt and was no longer able identified almost $4.4 billion in savings the total debt they added to this coun- to guarantee services throughout their over 10 years from reducing unneces- try, and we are going to triple that in country. sary printing and publishing costs of the 10 years from 2009 to 2019. Historically, our Federal debt has government documents. Add up the Just like an average family, when been around 35 percent of GDP. Since savings from these cuts and this kind they delay payment on a purchase and the Democrats have taken control of of wasteful spending, and it could pay charge it to their credit card, they are Congress, this debt has skyrocketed. for unemployment extension for a borrowing money from the bank, with The tipping point is what Greece short time. interest added to the amount they need found when they had so much debt on How about redirecting some of the to pay back. The United States, when their books that people realized they unused stimulus funds? The stimulus borrowing money, is charging it on our were going to be unable to pay it back. bill was supposed to be an immediate national credit card, so it is the same The tipping point where the world com- stimulus. Some of the money has still situation. However, our country isn’t munity realized that they should be not been paid out or obligated. How borrowing the money from a bank; we charging a lot more to lend Greece about, instead of just adding to the are borrowing it from China, Russia, money was when Greece exceeded 60 debt, we take that money and pay for and Saudi Arabia. percent of GDP. The United States and offset spending for the unemploy- Each time the majority deems a passed that magic number this year. ment benefits? spending bill as an emergency funding Sixty percent was the tipping point for I don’t understand the absolute re- bill, we delay paying the cost for this Greece. How far behind them do you fusal by the other side to extend unem- legislation. We are adding on to this think we really are? The United States ployment benefits in a fiscally respon- national credit card bill with interest passed that 60 percent part of GDP this sible way. For example, the small busi- we pay to China, Russia, Saudi Arabia, year with the help of the health care ness lending bill, which the Senate is and many others. At any point, these bill—the $200 billion that should have set to consider, contains a number of countries could decide to up our inter- been offset with pay-go, the stimulus offsets for improving tax collections est rate to such a level that, when we bill, and last year’s appropriations and changing the tax rules on retire- attempt to start paying down our debt, bills, which had large increases in each ment accounts. The so-called Medicare we are only able to pay off the interest one of them. doc fix was recently signed into law by we owe on our credit card, not the ac- The country of Greece is fore- the President. This was completely off- tual debt. Further, should our eco- shadowing the possible fate of the set by changes in Medicare billing and nomic situation continue to decline, United States if we don’t take respon- antifraud provisions and changes in these countries could revoke our bor- sibility for the fiscal mess we have cre- pension rules. rowing privileges altogether. If that ated. We have lived this year through I don’t necessarily agree with some happens, this would be catastrophic for instant-gratification policies, and not of the offsets the other side of the aisle the economy of the United States. only is the future of our country in has used, but the point is that the de- I mentioned $114,000 earlier. When jeopardy, so are the next 10 years, the bate on the floor regarding paying for President Obama first took office, a next 5 years, and this year. any piece of legislation should not rest child born in the United States was Mr. President, $30 billion represents with whether we pay for new legisla- born with $85,000 of debt on his or her the amount of money the Democrats tion but how we should pay for it. This back. In a very short period of time, want to add to our national debt to ex- is a debate we owe to the American that child born in the United States tend unemployment benefits; $200 bil- people, our future generations, for the today now has $114,000 of debt on his or lion represents the amount of money continued prosperity of our great Na- her back. That amount is going to con- that has been deemed as emergency to tion. tinue to rise because of how fast we are get around the pay-go rules; and $13 We will soon be voting on a bill that adding to the national debt. Going even trillion represents the recordbreaking will extend unemployment insurance farther into the future, should Presi- national debt we have reached just this benefits. The other side of the aisle will dent Obama receive a second term and year. The $114,000 I mentioned is the have one that extends those unemploy- our spending levels stay at a high level, amount each child born today in the ment benefits, but it will just be add- as they are now, a child born in the United States has as debt on their ing to the national debt. The Repub- United States will owe $196,000. As they back. Sixty percent of GDP is the tip- lican side will be offering an alter- are born, that is how much debt they ping point of economic collapse that native that will be completely offset. I will have—$196,000 for every child born puts the United States one step closer hope this Chamber finally gets its fis- in the United States. to Greece. To many in this body, these cal house in order and extends those I have spoken a lot over the past year are just numbers. I think we all have very important unemployment benefits about the future of our country and to face the reality that these numbers that need to be given to folks who are what this debt burden will actually represent markers on a path to fiscal struggling in America, but let’s do it in mean. A new child owing that much ruin if we don’t turn it around. We are a fiscally responsible way. money means they won’t be able to pay heading dangerously close to fiscal ca- I yield the floor. for college, buy a house, start a small tastrophe, and our country literally The PRESIDING OFFICER. The Sen- business, raise a family, and maybe re- stands at a crossroads. We have to draw ator from Virginia is recognized. tire someday. a line in the sand and stop borrowing (The remarks of Mr. WEBB are print- So this isn’t just an abstract number; money for legislation when the option ed in today’s RECORD under ‘‘Morning we actually owe these countries the to pay for it stands only one vote away. Business.’’) money we have borrowed from them, Extending unemployment benefits POST 9/11 GI BILL with interest. We have to pay that isn’t a partisan issue, and neither is Mr. WEBB. Mr. President, today money back. Whether these countries our country’s impending fiscal crisis. marks the 1-year anniversary of the demand payment 5 years from now or The Senate needs to extend these bene- implementation of the post-9/11 GI bill, later, we still have to pay it back. fits by paying for them now, and we landmark legislation I was privileged I mentioned 60 percent—60 percent of can take the first step and move the to introduce on my first day in office. GDP. Let me remind you of this final country in the right direction toward The idea was to provide those who have

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We began of this country to see those who serve The Democrats negotiated in very with a simple concept even before I de- be able to move forward in their lives good faith with the Republican Party cided to run for the Senate, and that after their service and continue to pro- to try to figure out a way to get tax was, if we keep calling these people the vide great contributions to our coun- credits, tax cuts to businesses that we ‘‘next greatest generation,’’ we should, try. all need to make sure continue in as a Nation, express our appreciation When I ran for office—also I should terms of research and development. in a proper way—by giving them the point out—I spoke about the need to These are credits they have relied on to same types of educational benefits reclaim economic fairness in this coun- keep not only their businesses open but those who came back from World War try, particularly in times as we see keep them hiring. There is a long list. II received: pay their tuition, buy their right now where our economic health is They have been well explained on the books, and give them a monthly sti- in danger. The health of our society floor. They are all very popular with pend. It was a formula that worked overall is measured by how working both sides of the aisle. They have been magnificently for those who served people are able to make it through dif- negotiated over and over. during World War II, where 7.8 million ferent barriers and achieve alongside The Democrats have, in good faith, of those veterans, because of the GI people who have had greater advan- argued or debated with the Republicans bill, were able to have a first-class fu- tages. This bill today does that, just as that we need to get these extended for ture and make an imprint on the fu- it did after World War II. the purpose of stimulating our eco- ture of our country. We should remember, as we look at nomic growth. But we have said there We worked very hard in my office, the implementation of this GI bill, is one that we are not going to pay for with a lot of staff, pushing this legisla- what it did for those who served in because, A, we don’t have to pay for it; tion. We eventually achieved the key World War II, very few of whom ever and, B, because it is an emergency. So cosponsorship of three other Senators, thought they would be able to have a everything in the extenders package is including Senators John Warner, my college education once they went into paid for. Every single item is paid for. former senior Senator, a Republican the military during those dark and Although some people don’t like the from Virginia; Chuck Hagel, of Ne- troubled times. pay-fors, every single item to extend a braska, now departed, another Repub- For every dollar through taxes that tax credit—not new spending on the lican; and FRANK LAUTENBERG, of New was put into that World War II GI bill, part of the Federal Government Jersey, a fellow Democrat. So we ap- our country received $7 in tax remu- through bureaucracy but tax credits— proached this in a way that we were nerations because those people were is paid for except for the unemploy- trying to show a balance. We had two able to go forward and have a truly ment benefits because it is an emer- World War II veterans, two Vietnam first-class future. This is what we are gency. veterans, two Republicans and two doing now. Democrats. We wanted to strip the pol- We have never erred as a country With 15 million people out of work, it itics out of the issue. when we have made sustained invest- is an emergency. For anyone on that Along with our colleagues on this ments in higher education for our peo- side to come to the floor and say side and also in the House and the co- ple, particularly when it comes to vet- Democrats are big spenders and we operation of the leading veterans serv- erans. This is not simply an advantage can’t pay for anything and we don’t ice groups and the higher education for this country, it is an obligation we know how to run the government, we community and, quite frankly, despite have. have put a great package together. But the continued opposition of the pre- I want to, on this day, remember the there is one thing that is not paid for, vious administration, which for some contributions of other people in this and that is unemployment because it is reason opposed this legislation all the body and in the House of Representa- an emergency. That is what this debate way to the day before they signed it, tives in coming together to pass this is about, whether they are going to we were able to get this bill through. legislation. I thank the American Le- vote for it. If they don’t want to vote I am so proud of the fact of having gion, the Veterans of Foreign Wars, the for it, it is completely at their feet accomplished that goal 2 years ago. Iraq and Afghanistan Veterans of that people in America today, who The bill was signed into law 1 year ago America, the Military Officers Associa- have no benefits, will not get them for today. This bill went into effect for tion of America, the American Council the Fourth of July. They will not get those who have served this Nation so on Education, the National Association them as we celebrate the birthday of honorably and so well since 9/11. I can of Independent Colleges and Univer- our country. If they are not going to report to this body that as of today, in sities, and many others, including get them, it will be because the Repub- this first year of implementation nearly 60 Senators and more than 300 lican Party decided that we, as a Con- alone, more than 550,000 veterans have Members of the House who signed on as gress, are going to have to find a way applied to receive this benefit, and cosponsors to this landmark effort. to pay for unemployment benefits, more than 267,000 veterans are now at- We can all take pride today in saying when they never paid for even 1 year of tending classes using the post-9/11 GI we have been able to provide a proper any war they helped lead us into when bill. That is more than a quarter of a investment in the future of those since their party was in charge. million young men and women who 9/11 who have given so much to this So I hope the leadership over here otherwise might not have had the op- country. holds the line. We are going to pass the portunity for a truly first-class future. I yield the floor. extenders package the way it was pre- As my fellow Senators know, I am The PRESIDING OFFICER. The Sen- sented. They can continue to vote no someone who grew up in the military. ator from Rhode Island is recognized. on it. That is their choice. But every- I was privileged to serve as an officer (The remarks of Mr. REED are printed thing in this bill—many things very in the U.S. Marine Corps. I am very in today’s RECORD under ‘‘Morning important to the State of Louisiana, proud of my son who served as a ma- Business.’’) such as flood insurance—is paid for and rine in Iraq and my son-in-law who also Mr. REED. I yield the floor. is now being held up; for example, the served as a marine in Iraq and Afghani- The PRESIDING OFFICER. The Sen- placed-in-service date which keeps four stan and continues to serve, and so ator from Louisiana. or five of our major housing projects many of my friends and compatriots (The remarks of Ms. LANDRIEU are from being built. When I say housing, I over the years. I understand what it printed in today’s RECORD under mean neighborhoods, really, being re- means to be a proper steward in this ‘‘Morning Business.’’) built. That is being held up because body toward those who have given this Ms. LANDRIEU. Mr. President, I this side is trying to make an issue of type of service. That is our duty, and would like to talk about the under- finding a way to pay for unemployment

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That is what part of nance, and the treasury package—to understand is that one way to pay the this argument is about. get small business moving again. deficit down—not the only way but one As one of the managers of the small I feel compelled to comment, before way to chip away at it—is to get more business bill, which we are moving to, explaining some of the pieces of this people working so they can pay the I am very hopeful and will make sure bill, that it is concerning to me that taxes to the local, State, and Federal that the extenders debate stays sepa- while we are on the Senate floor talk- Government and we can then take that rate from the small business debate. ing about a small business package, tax money and apply it to deficit re- Now that the extenders bill has been back home in Louisiana and in Mis- duction. Yes, we have to cut spending. set aside, we have another bill we be- sissippi, Alabama, and Texas, because Yes, we have to stop giving out tax lieve we can move forward with more of events almost beyond the control of cuts we cannot afford. They never want bipartisan support for, and I want to any of us here, we are facing a real eco- to do the tax cut piece, and they do not thank the Republican Senators who nomic challenge with the oilspill in the do the cutting piece well either most of helped to move this bill to the floor: gulf and the subsequent moratorium the time. But what they need to under- Senators GRASSLEY, VOINOVICH, SNOWE, that was laid down by the administra- stand is that creating jobs, both pri- COLLINS, LEMIEUX, LUGAR, BOND, and tion on deepwater drilling. I have to vate sector and public sector jobs, BROWN of Massachusetts. These eight say right now there are, in fact, about where it is appropriate, generates taxes Senators have negotiated in extremely 50,000 to 60,000 jobs immediately at risk to the local, State, and Federal govern- good faith with both the Finance Com- while that issue is being worked out. ments. Then we can begin chipping mittee and the Small Business Com- So while I am here on the Senate floor away at the deficit—a deficit they left, mittee to bring a package to the floor to help create millions of new jobs— by the way. that will actually help create, we hope, and I believe this bill will do that—we When the last administration came millions of jobs in our country. also want to be mindful of not losing in—when President Bush came into of- I want to make one editorial com- the jobs we have in trying to come up fice—he was handed a surplus. We ment before I speak about the small with some very quick, appropriate re- handed him a surplus of $5.1 trillion businesses, and as a Senator from Lou- sponses to the BP spill—the Deepwater and said: Mr. President, here is a world isiana, I feel compelled to do so. Horizon spill—and the call for safety in at peace and here is $5.1 trillion in sur- I have helped to manage and craft, the gulf. We need to be getting our peo- plus; the economy is creating jobs. along with my committee members— ple back to work. When he left office 8 years later, he and I am very proud of the small busi- I spent all morning in the Energy handed the next President a deficit ness piece of this bill. There are three Committee on that subject, and I am twice that big, with Wall Street in col- pieces. There is the finance piece, there proud to be leading and helping with lapse, two wars that hadn’t been paid is a small business package, and then some suggestions in that regard. But I for, and a mess here at home—and they there is a treasury piece. I will discuss have to say I want all the Members of want to ask why we haven’t fixed all all of them briefly in just a moment. Congress, both Democrats and Repub- that in a year and a half? It is quite hu- We have worked hard over this year licans, to understand there is an eco- morous to me. I know President Obama trying to come up with some things nomic calamity brewing in the gulf is smart and good—though I don’t that the government could do that that needs our immediate attention. agree with him on everything—but I wouldn’t cost that much money but We can do more than one thing at a don’t think any human being could fix could spur growth in small business. As time here, so we are going to continue the mess they left in just a year and a the Presiding Officer knows, it is not to move forward on the small business half. the big businesses that are creating bill because small business in Lou- We have been plodding along trying jobs. They are still laying off people or isiana will be helped, as well as those to fix different pieces of it, but it are putting in efficiencies, which in Mississippi, Alabama, Florida, hasn’t been pretty. All of it isn’t work- means holding the line. Even as they Texas, and small businesses all over ing, but we are trying. Most of it is get more contracts, they are not hiring this country. working. That is what the American because it is not what big business There are a couple of important com- people expect of us. They do not expect does. They have enough cushion to ponents in this overall bill. Again, I us to get it 100 percent right every day, hold what they have, but small busi- thank the members of my committee but they do expect us to move forward; nesses are affected immediately by who voted these items out 17 to 1 and to say, yes, we will try not to say no contractions and expansions. They 18 to 0. Senator SNOWE, the ranking and not to lecture Democrats about can’t afford to hold three or four people member, did a magnificent job of work- deficits they created. on their payroll without a contract, so ing with the Republicans on our com- Having gotten that off my chest, I they let them go. But the minute they mittee. We had many hearings and sev- want to say here we are in our small get a new contract, they will hire them eral markups. In the underlying bill, business package. I am very proud that back. They are immediately tied to the one of the most important provisions is eight of these Republican Senators daily, weekly, and monthly jolts in the Small Business Jobs Creation Ac- joined us to get on the discussion on this economy. cess to Capital Act. It increases 7(a) the small business bill. This is going to That is why we see that 65 percent of loans from $2 million to $5 million, 504 do a lot of good for a lot of people in all new jobs created since 1993 have loans from $1.5 million to $5 million, many places, let me say, not just New been by small business. When we want and microloans from $35,000 to $50,000. York and not just Wall Street. This is to look out from 2009 to the year we If I had my way, I would like to see a Main Street bill. This is about cre- are in, 2010, and to 2011 and 2012, which that go up to $100,000. Why? Because ating jobs in little towns in Oregon as the country is depending on us to do, small businesses need access to capital. well as little towns in Louisiana, small we should focus our attention where They must have access to grow. towns in Washington State and Maine. the jobs can be created. Mr. President, If we want small businesses to be That is what this is about. that is in small business. So that is able to grow, they have to be able to The second piece is the export piece. what we are here this week and next expand by borrowing more money at This is a very exciting chart to me. I week to do, and these eight Senators relatively low interest rates on favor- am maybe not as good as KENT CONRAD have said yes, basically, to small busi- able terms, and then they can start is with charts, Senator CONRAD, but I ness in America. The package isn’t hiring people to get the jobs necessary like this one very much. This chart going to be what all ten of these Sen- to, A, end the recession; and, B, as Sen- shows the potential of small business ators would write if they could write it ator STABENOW has said so beautifully in America. Just think about this. We

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They have broad bipar- Right now it is down beneath where it businesses in America exporting their tisan support. was before the stimulus act was passed. products, using the Internet, using fa- In addition, in this bill, which is paid It has fallen below the ARRA average vorable tax provisions that will help— for, is an additional $50 million for the of $172 million. It is down to $154 mil- that are in this underlying bill—using Small Business Community Partner- lion. new support and technological support ship Relief Act which gives $50 million We need to get it back up. When we from the Small Business Administra- in addition to women business centers, initially announced that the Small tion, from volunteer organizations microloan intermediaries. It weighs or Business Administration was expand- such as SCORE, university-based tech- reduces the non-Federal share of fund- ing the amount you could borrow, re- nical support programs that can go to ing so that for 1 year States all over ducing the fees so you did not have to our small businesses and say: You sold this country can start enhancing and pay as much, and giving you a 95-per- 50,000 pairs of shoes last year but you improving their Women Business Own- cent guarantee rate, those loans are sold them all down the road. We can ers’ Center, their Minority Business good loans. Small businesses need help you sell them to China or sell Centers, the centers that are in univer- them, particularly because credit card them to India. Think about the possi- sities all over the country. I am sorry companies are not lending the way bility of that. And it is real. I do not have a map to show what the they used to or charging you too much That is what this bill does. Senator Secretary or Administrator of the SBA for the money they do give you. Credit SNOWE has done a tremendous amount fondly calls our bone structure, be- lines are drying up. This is the core of of work. I am extremely proud of her cause it is a great structure in the the small business bill. I hope we will work on the export portion of this bill. country. It is not just isolated little of- see this number go straight up. Again, large businesses, percent of fices of the SBA. Banks all over our country want this firms that do not export, 58 percent. If you can imagine, so many of our program. Many of them—not every This number could be increased. But universities have small business devel- bank participates, but I would say the exciting opportunity is small busi- opment centers and SCORE chapters, about 1,000 or 1,200 out of the 5,000 ness. But sometimes they are intimi- which is retired business executives, banks participate in this program, and dated, as you can imagine. They don’t senior executives who volunteer to help they are very excited about getting know how to negotiate with foreign younger businesses. There are hundreds this funding back in place so they can governments. Some of the things we of these chapters around the country. begin to loan money again to small are going to do in this bill will help If you could imagine a map of the business. them move that number up and they United States, you could see, if I could There are many other things we can are going to be able to grow. show where these centers are, there are do and should do. One of the amend- Third, the contracting piece. I know centers at universities and SCORE ments I have filed—I wish I could have some people on both sides of the aisle chapters and community banks, almost gotten this in the base bill, but even as believe government is too big. Some- within a few miles of any citizen. Any the chairman of the committee you times I agree with that and think it is citizen could find a SCORE chapter or can’t get everything you want in the too. We have to shape it, make sure it a university or a local bank. This bill base bill. So I have agreed to offer one is efficient and effective and muscular, is sending funding and help to all of of these as an amendment. not flabby and big but bold and mus- those places. Again, not just on K I am very proud to have Senator cular, so it can do things it needs to do Street here. There are lots of jobs on K COCHRAN’s support, Senator WICKER’s that the private sector can’t do. But Street. In fact, there are so many support, Senator VITTER’s support. It is one of the things all governments do is buildings going up on K Street, I am a bipartisan amendment. What it spend a lot of money, and it is not just amazed how many. It never stops. would do is provide in the small busi- money to hire their own employees, it There are lots of buildings going up, ness bill interest loan relief for the gulf is spending money for the private sec- maybe, on Wall Street—lots of office coast outstanding disaster loans from tor. We contract out a lot of our work. space. But where I represent, there are Katrina and Wilma, Gustav and Ike, When the Government has a job to do, empty spaces. There are lots of va- from Alabama, Florida, Louisiana, we do not always do it with govern- cancy signs. Mississippi, and Texas. ment employees; we contract it out. I This bill is trying to push out money, There are 13,207 loans. I will take a do not have the exact numbers in front not to the Federal Government but to moment to try to explain it. I will try of me but it is billions and billions of our universities, to our private sector to wrap up in about 5 minutes. dollars. We are the largest—if you put partners to help them tweak—help sup- There are currently today 13,207 us in terms of a corporation—the larg- port small businesses to help small small business loans that were taken est corporation, potentially, maybe in businesses grow. I am very proud of out by businesses all along the gulf the world. So the contracting provision that piece. The job impact analysis was coast. Some of these loans are to fish- we have in this bill says: OK, Federal something Senator SNOWE wanted. We ermen whose boats were destroyed and Government, if you were a business, if worked with her. On everything we do, they had just bought the new boat or you could contract with more small this is going to be a way to say, in this fixed their net from some of these hur- businesses, meet your small business bill, how many jobs will actually be ricanes. They were just getting back contracting goals, then we could create created, to record them so we can be into the water. The water was coming a lot of jobs in America because it is, accountable to the American people for back, the marsh was coming back after again, the small businesses that are that. I am happy she put that in the Katrina and Rita, and then all of a sud- creating these jobs. bill. den the Horizon BP disaster happened. If you give a big company a govern- Going back to the 7(a) loan program, The same people who were affected ment contract, they might absorb it this is the major loan program of the by these hurricanes and who may be af- into their infrastructure. They are so SBA. As you can see, it has been sort of fected by hurricanes in this season— big, they have millions of employees, a happy and sad situation here over the which unfortunately promises to be a or hundreds of thousands. But you give last couple of years since 2008. very difficult one—these are the busi- a contract to a small business, you When Congress acts and puts money nesses that are struggling to pay these know what happens? They might have in this program, loans to small busi- loans on top of the economic disaster five employees. If they get a very nice ness go way up. When we dilly-dally they are experiencing. So I am asking

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12344 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 the Senate to please give some forgive- an opportunity to offer amendments, a lot of them might be running small ness—in the loan forgiveness, but give to please give us a chance to help these businesses out of their homes. some special help to this group of small businesses. It is a temporary re- Well, it has come to our attention loans. What we are asking in the lief for them, but I think it is some- that in order to take the tax deduction amendment is 3 years of an interest thing they deserve and will help this that is rightfully there for anyone, rate reduction; not loan forgiveness, so region that has now been hit again. man or woman, who works out of their the taxpayers will be paid back the full NOMINATION OF WINSLOW SARGEANT home—it has come to my attention principal amount of all the loans these Mr. President, at this time I want to through Senator BOXER that it is not individuals and businesses have made. talk for a minute about Winslow really very easy to take that deduc- But if we could give them a little inter- Sargeant. tion. In fact, it is so complicated, to est relief—let me give a specific exam- He is a gentleman who has been rec- my knowledge, that many people don’t ple. ommended by the President to serve at take it. Think about that. I actually took Karen Mills, our Ad- the SBA, in the advocacy position at If we are really supportive of family ministrator of the SBA, to Louisiana the SBA. He comes highly regarded and values, of people being flexible; if we on several occasions to impress upon highly recommended. He has a Ph.D. don’t like spending a lot of gasoline her the seriousness of this situation. I from the University of Wisconsin in traveling back and forth to work and took her to see the Bergerons, who run Madison in electrical engineering and a we are kind of trying to encourage peo- a gas station in Lakeview. This entire background as a very successful small ple to stay at home and work if they neighborhood was destroyed, 8,000 fam- business owner. He is managing direc- can—many women who are very well ilies. Three of my brothers and sisters tor of Venture Investors, a Midwest credentialed because the government lived in this neighborhood, with four venture capital country with a con- spent a lot of money on our univer- children each. They lost everything, centration in starting up health care sities getting them the degrees they their homes, their clothes, everything technology companies. need, are home raising three, four, five was completely destroyed. That was Dr. Sargeant has a great deal of sup- kids, and they can’t travel a long time true of their 8,000 other neighbors. This port from a wide variety of individuals to work, so they set up a business in gas station—the Bergerons came back. and businesses that I will submit for their home. Senator BOXER’s amend- ment would help them by simplifying They operated one of the most success- the RECORD. ful gas stations in this neighborhood. With more than 80 percent of job this deduction. I am hoping Senator BOXER will come In order for people to be able to rebuild losses coming from small firms, I be- at some time to the floor over the next their house, because they had fled to lieve this is someone who should be in couple of days—I am sure she will—and higher ground hundreds of miles away, the Office of Advocacy. For some rea- explain the details of this, but I think families would drive long distances son, he is being held up by the other it would be an excellent provision to after work to come and gut their side. I understand there are nominations add to the small business bill because homes in Lakeview and try to rebuild again, remember, this underlying bill being held up on both sides of the aisle, their homes. But when they went to go is cutting taxes for small businesses, but I wanted to ask unanimous consent back, there was no gas station for them specifically cutting taxes for small that the Senate proceed to executive to fill up their car so they could get businesses; it is supporting the small session to consider—I am going to wait back to where they were living until business programs to create more of and ask for unanimous consent. I am they could get home. them, both in our country and their ex- So the Bergerons, like a lot of what not going to wait long, but I will con- port potential; and then it is giving— I call the pioneer businesses—the hard- tinue talking for a few minutes. I will the third leg of the stool—$30 billion to wait for a few minutes, but at some ware stores, the gas stations—said you banks in America, voluntarily. It is not point I am going to ask for unanimous know, I have been here 40 years. Mr. TARP-like, nothing about TARP; it is Bergeron is in his 70s, still very active, consent that he be moved ahead be- $30 billion to small banks in Oregon, but he said I am going to go back and cause here we are on a small business Louisiana, and other places to be able open my gas station. So he went to the bill, and here is the man whom the to then take that money and lend it to SBA and got a loan. The problem was, President has nominated, who obvi- small businesses. That is the essence of he did a great thing, but his business ously is well credentialed, has tremen- this bill. came back so slowly. But without his dous support, who is being held up. We I am very hopeful we can add a cou- business no one in the neighborhood do not really understand why he is ple of amendments to an already very could come back because there was no being held up, so I would like to know, good small business package. So I am place to get gasoline. He is paying on and in just a few minutes, I am going hoping Senator BOXER will come at his loan $1,000 a month. If this passes, to ask for him to go by unanimous con- some point and explain this amend- his note will go down to about $400 a sent. ment. month. It will give him a little bit of In the meantime, I will speak about My colleagues are here to speak, I relief because right now in his same one other potential amendment to the guess, on either the extenders package neighborhood he has a lot of people underlying bill. This amendment is or the small business package. I see the who work in the fishery industry or the coming from Senator BOXER, and I am Senator from Ohio, who has been very seafood industry or the oil and gas in- so excited that she came up with this supportive of small business. Of course, dustry, so some of his customers can- idea and this amendment. I think it Ohio is one of the States that has been not come and get as much gas as they has a lot of potential, and I think hardest hit, and Michigan has been want to because they are being affected many Members might support it. very hard hit in the underlying econ- now by this Deepwater Horizon. Senator BOXER called to my atten- omy. So I am very happy to have, hope- I am begging the Members of the tion that there are many small busi- fully, their support on the underlying Senate to please help this particular nesses that operate out of their homes, bill. group. I wish we could afford to do for and if you think about it, there are But one more comment about the everyone in America but not everybody many people who operate their busi- moratorium. And I started off by say- in America right now is on the gulf ness out of their homes but particu- ing I am proud to be the chair of the coast. But these 13,207 people are and larly women who are trying to raise Small Business Committee advocating we need to give them a little breathing children, they are still the primary for small businesses in the country. I room. That is one of my amendments. caregiver—not the only caregiver, but think the small business package, the I am going to yield the floor after I in most homes the women are trying to finance and treasury package that we make a comment on a nominee. But balance being a good wife and a good have on the floor will deliver to the that is one of the amendments I am mother and also contributing to the American people how to, in a very fis- going to ask the Senate, when we get bottom line of their family income. So cally responsible way, help us create

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12345 the jobs we need. But one of the and your goal is to block anything keep your insurance after you lose points—and I am going to be very brief from happening, the Senate rules serve your job, but you have to pay your part because I see the minority leader here, you pretty well. But if you want to as the employee and then you have to but at the same time I want to say move this country forward and put pay the employer premium. And if you again that the moratorium on the gulf party aside, we would not see this kind lost your job, how could you? Well, we coast—and the Senator from Kentucky of thing happen over and over. have subsidized that. We have actually will, I believe, agree with me on this So I commend Senator LANDRIEU for under the Recovery Act, as the Pre- point—the moratorium on the gulf her work on the floor today, her pas- siding Officer knows in his work on coast is really hurting many small sionate advocacy for small business, this bill in the Health, Education, businesses now. and her work generally in fighting for Labor, and Pensions Committee, helped I know we have to get this drilling her State. But I was disturbed to watch people to pay that COBRA so they can safer and it has to be very safe. The what just happened. If it were the only keep their insurance. people of my State want that. The peo- time, I guess I wouldn’t be judging of it But put yourself in the place—since ple of the gulf coast want that. But we much, but it is not. we can’t seem to get the Republicans hope sometime in the next few weeks I come to the floor to talk about the to go along with that, either, now—put to clarify or fix or modify this. The unemployment insurance bill. I know yourself in the place of that family. Federal judge, as you know, has ruled Senator LANDRIEU, in her State, and The husband has lost his job. The wife, that the moratorium is lifted, because the Presiding Officer, Senator who was making only a little bit of the Federal judge did not agree with MERKLEY, in his State of Oregon, have money, is struggling. They lost their the actions taken by this administra- people all over who have seen their un- insurance. Someone gets a little sick. tion, nor do I. So while we are debating employment run out. I just don’t get They have these bills run up. They are a small business bill, I am very hopeful it. getting 2 or 3 months behind on their I know some of the opponents, some that as soon as this small business mortgage. They have to sit down with of the people who have voted no on un- package can pass, we can get on to get- their family. They have to sit down employment compensation extension ting more people back to work along with their teenage kids and say: You think it is welfare. I have heard some the gulf coast who have been affected know dad lost his job. You know mom of them say: Well, these people don’t by both the moratorium and this bill. cannot find more than part-time work. really want to work. Why should we You know we do not have insurance UNANIMOUS CONSENT REQUEST—EXECUTIVE give them something for nothing? CALENDAR Well, these are people who deserve anymore. You know Jimmy got sick. I ask unanimous consent for Winslow unemployment. They have earned the Well, we are behind on our house pay- Sargeant to be Chief Counsel for Advo- unemployment. They deserve the un- ments. We are going to have to move. cacy, Small Business Administration; employment insurance. They have We are going to have to sell our house. that the nomination be confirmed, the earned it. Again, it is not called unem- We are going to get foreclosed on. motion to reconsider be laid upon the ployment welfare; it is called unem- You have to explain to your kids that table, and any statements relating to ployment insurance. You pay in when they are not going to have a room to the nominee be printed in the RECORD; you are working; you get out when you sleep in—separate rooms—anymore. that the President be immediately no- are not. So it is a lot like car insurance They are going to have to give away tified of the Senate’s action, and the and health insurance. I don’t want to some of the stuff they have around the Senate then resume its regular legisla- collect on my car insurance premium. I house or try to sell it. They are going tive session. don’t want to collect on it. I don’t want to have to go to a new school. The PRESIDING OFFICER (Mr. to ever have an accident that hurts What new school, dad? MERKLEY.) Is there objection? somebody or damages a car. I have Well, I don’t know what school dis- Mr. MCCONNELL. Mr. President, on been in an accident like that. I don’t trict we are going to move to. behalf of Senator SNOWE, I object. want that to happen again. I don’t I just wish my colleagues, when they The PRESIDING OFFICER. Objec- want to have to cash in any of my cast these ‘‘no’’ votes on unemploy- tion is heard. health insurance. I don’t want to be ment insurance and cast these ‘‘no’’ The Senator from Ohio. sick. I don’t want my children to be votes on the extension of COBRA to Mr. BROWN of Ohio. Mr. President, sick. I don’t want to be unemployed so help people keep health care, that they it is unfortunate to watch what just I have to draw unemployment com- would think about what it means to an happened again in this institution. The pensation. Most Americans don’t want individual family. chair of the Small Business Com- to be. I mean, these are all numbers. I can mittee, who is serving her State, is an I just wonder about some of my give you some great numbers here. I incredible advocate for her State, is friends on the other side of the aisle can give you these numbers: The num- serving this country well, wants this who think about this—they really ber of Americans who will lose their government to be able to govern. And think it is welfare. I just ask my col- unemployment benefits: 1.3 million by you see one after another after another leagues on the other side of the aisle to the end of this week; 1.7 million by the where the President of the United put themselves in another place. I end of next week; 2.1 million by the end States has dozens and dozens and doz- know virtually all of us get out enough of our congressional recess next week; ens of appointees, noncontroversial. that we meet people who are unem- 3.2 million by the end of July. These My guess is, when this nominee finally ployed occasionally, and I know we are are pretty troubling numbers, but for- comes to a vote—I don’t know this for pretty isolated here too often. But, you get the numbers. I am going to read sure, but my guess is there will be very know, a lot of us meet people who are from some letters of people in Ohio few ‘‘no’’ votes. We have seen this with unemployed, people who have lost their that will explain better than I can Federal judges, we have seen it with insurance. These people sometimes what this means to individual Ohioans U.S. attorneys, we have seen it with have lost their homes. But I think it is or individual Oregonians or individual U.S. marshals, and we have seen it important that we think about what Floridians or Louisianians or Kentuck- with Under Secretaries and Assistant that means and try to personalize it, ians. Secretaries and all kinds of commis- try to think about a husband and And if you want to make it an eco- sion nominees. wife—one is working part time, not nomic argument, make it an economic We have never seen anything like making much money, the other one argument. Forget about the human this in this country where one party lost their job, and then they lost their faces for a minute. Make it an eco- has consistently and persistently insurance because they can’t afford the nomic argument. If people are not get- blocked nominee after nominee after payment for COBRA. ting their unemployment insurance, it nominee. I mean, if your goal in gov- COBRA is a bit of a cruel hoax. means they are not spending money in ernment—if you come to the Senate COBRA is the program where you can the community. You know what has

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12346 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 happened when people receive unem- to the crowd and say: I am standing up Jill from Franklin County writes: ployment benefits. The first 6 months against big government, they didn’t I am very disappointed the Senate has not following the passage of the Recovery stand up for taxpayers to pay for the passed an extension for those of us still fac- Act, unemployment insurance pumped wars, tax cuts for the rich, and bailouts ing unemployment. $19 billion into the local economy. If for drug companies and insurance com- I have been out of work for six months, we hadn’t done that in this recession panies. All of a sudden they are stand- even though I have a Master’s Degree. President Obama inherited a year and ing up for taxpayers when it comes to I have never lived beyond my means, but without the small check I get from unem- a half ago when we were losing 700,000 funding unemployment benefits and ployment, I will be losing my home at the jobs a month, we would have been los- health care benefits for those workers end of July. ing 800,000 or 900,000 because this $19 who lost their jobs and lost health in- Please find a way to pass this bill. Please billion wouldn’t have been pumped into surance. help us. the economy—grocery stores, going in I will close with reading four letters I was not making it up when I said if and buying clothes for the kids, getting from people around my State. I get somebody loses their job, they lose medicine, stopping at the drugstore— hundreds of these. I know the Senator their insurance. Then they too often all of the things that keep economic from Oregon gets them from Portland lose their home because a bunch of Re- activity generating in a community and all over his State. I get them from publicans want to vote no on the exten- and provide jobs. all over my State. I will start with sion of unemployment benefits, crying: The first half of this year, $6 billion Mark from Wood County, just south of We have to cut spending. went in benefits to the States. It would Toledo, home of one of the great uni- I am sorry to say it over and over, have meant layoffs of librarians and versities in our country, Bowling but when I hear them say we can’t af- mental health counselors and teachers Green. ford it, when they didn’t say that when and police officers and firefighters and Mark writes: it was tax cuts for the rich, paying for people who are cleaning the streets and I send out on average 5 resumes a week, the war, or bailing out the drug compa- picking up garbage. There would have yet I almost never hear back from employ- nies and the insurance companies in been more layoffs, more unemploy- ers. I have had only one interview, though I the name of Medicare privatization— didn’t get the job. ment, less economic activity. they only want to do it when it is un- So it is pretty clear, if you want to I am not lazy. I want to work and I am try- ing to find work. employed workers. That is wrong. look at the economics of this and listen I didn’t quit my job, my employer quit on The last letter I will read is from to one of Senator MCCAIN’s chief eco- me and everyone else they laid off. Amy from Perry County, a small rural nomic advisers who said that nothing We need unemployment benefits extended, county southeast of Columbus: more than a dollar in unemployment please don’t turn your back on us. My husband is trying very hard to find a has a greater multiplying effect than These are millions of people around job. For the government not to pass exten- that. That means for every dollar in the country. What Mark says is what sions is beyond me. unemployment compensation, it gen- most of them would say: Please don’t I am a nurse and work two jobs to help erates a lot of economic activity. That turn your back on us. make up the difference of my husband’s lost dollar isn’t pocketed. That dollar is Jennifer from Geauga County, south- wages. spent by the unemployed worker to east of Cleveland, writes: Our hard working American citizens who helped build this country are now in need of take care of his or her family’s needs. I am a single mother of three beautiful It is the best thing for the economy to this country’s help. girls. I am also an experienced architect. But Please urge other Senators to vote this bill pump unemployment compensation late last year, I was laid off from a large en- through. into the economy. gineering firm in Northeast Ohio. Yet time after time over the last sev- I have been desperately seeking a job for I couldn’t say it better than Jennifer eral weeks Republicans have opposed the last six months, but my industry has and Mark and Amy and Jill. They are extending unemployment benefits. Of still not recovered. all typical, hard-working Americans What do I do now? I have been working 20 who have done the right thing. Some all things to draw the line on. I hear years in my field. I am already four months the arguments over and over. They say are very well educated, all are hard- behind on my mortgage. working. Many have gone back to we can’t keep adding to the national Where do I even get the money to pay for debt. I was in the House of Representa- it and the other expenses to care for my fam- school to improve themselves. This is tives when they ran up the budget def- ily? the economy they have inherited be- icit, when George Bush and the Repub- What do I do? cause of a whole bunch of bad policy licans ran up the debt. In 2000, when These are not people who don’t want decisions in the last 10 years. They are President Clinton left the White House, to work. I am sickened by some of my the ones paying for it. That is just not we had a budget surplus projected to be colleagues who think this is welfare, right. trillions of dollars in the years ahead. who think these people really don’t I yield the floor. What happened? War with Iraq, hun- want to work. Jennifer is a woman The PRESIDING OFFICER. The Sen- dreds of billions of dollars to pay for with three children, a professional, an ator from Florida. the war charged to our grandchildren; architect. She has been working 20 GULF OILSPILL tax cuts for the rich, hundreds of bil- years in her field. Mr. LEMIEUX. Mr. President, I have lions of dollars, charged to the grand- All of these people are required to come to the floor today to talk about children; a giveaway to the drug and send out resumes week after week. the tragedy affecting my State as well insurance industries in the name of They are required to make calls and as other States that border the gulf. Medicare privatization, charged to the try to find jobs. They can’t find them We are into this crisis now 72 days. On grandchildren. They don’t mind spend- because of the economy President the worst days, there is as much as ing us into deficit for two wars, for tax Obama inherited a year and a half 60,000 barrels of oil spewing into the cuts for the rich, and for a giveaway to ago—again, 700,000 jobs we were losing gulf. That is more than 4 million bar- the drug and insurance companies. But a month when the President took of- rels of oil. That comes out to about 180 now that it is time to give about $300 a fice. My State was lucky enough in million gallons of oil that has gone week to workers who have lost jobs and April to have a bigger job gain than into the Gulf of Mexico. We know Brit- to help them keep their insurance, any State in the country, 37,000 jobs. ish Petroleum is at fault. We know they say we can’t afford it. They don’t But that is not nearly enough to make they are responsible for paying for the want to run up the budget deficit. up for the hundreds of thousands of cleanup. But that is just half of the What does that say about values and jobs lost because of this economy, be- story. The other half is that the Fed- about us as a country? cause of bad trade policy, because of eral Government has a responsibility I don’t get it. No matter how irra- outsourcing of jobs, because of all that in times of crises to step up, to manage tional or how much they want to play has happened with the financial crisis. the crisis, to do everything possible to

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12347 bring all available resources to address I ask unanimous consent that this be check with them and say: Are your the crisis, to keep the oil from washing printed in the RECORD. skimmers on the way? We need the up on our beaches in Florida, from get- There being no objection, the mate- help. ting into our coastal waterways and es- rial was ordered to be printed in the I was in Pensacola Monday. I have tuaries. RECORD, as follows: been down there four or five times This is not a Republican issue. This From: J.A. Watson, RADM since the incident began. The oil on the is not a Democratic issue. This is an FOSC BP Deepwater Horizon Oil Spill beach is profound. It breaks one’s heart issue of doing the job those who wanted To: NIC to see it. It is a splattering of oil and to be elected to these positions in the Subj: FOSC Determination under 46 U.S.C. muck and scum on the beaches. In executive branch now own. When you § 55113 Concerning Oil Spill Response Ves- some places I found what I would call are the President, you don’t get to pick sels Capable of Skimming Oil tar rocks about the size of grapefruit which crisis comes. You don’t get to 1. Pursuant to my authority contained in 46 U.S.C. § 55113, I have determined that an that have washed ashore. Who knows say: I don’t choose to address this prob- adequate number of oil spill response vessels what is happening down below the lem or not address that one. When you (OSRVs), as defined by 46 U.S.C. § 2101(20a), water, how far these plumes of oil go, are the President, your administration documented under the laws of the United what it is doing to marine life, to the is responsible for trying to solve the States and capable of skimming oil cannot turtles, to the porpoises, to the fish, problems that happen on your watch. be employed in a timely manner to recover what that is going to mean for the peo- This oilspill has happened on this ad- the oil released from the BP Deepwater Hori- ple of the gulf coast who rely upon fish- ministration’s watch. zon spill. 2. Oil currently discharges into the Gulf of ing and the seafood industry, what it I want the President to succeed. All will mean for our health. Americans do. But the truth is, this ad- Mexico at unprecedented levels. There are simply not enough U.S. OSRVs capable of When you stand on the beach, you ministration is failing in keeping this skimming oil available to keep up with the can smell the oil. The people of my oil off our shores. Why do I say that? I pace at which oil flows from the well. Until State are heartbroken. I can see it in don’t say that without some reserva- the flow is stopped, therefore, it is my opin- their faces and hear it in their voices. tion because it is a serious charge. The ion that domestic and foreign OSRVs capable I talked to one woman who works at facts speak for themselves. We have of skimming oil are needed to provide ade- the pier. I asked her: Are people com- 2,000 skimmers in the United States. quate and timely protection to the Gulf ing to the beach. These are ships equipped to suck up oil Coast. 3. This determination applies only to She said: People are coming who off of the top of the water, bring it into don’t often come. People are coming the ship so it can be removed from the OSRVs capable of skimming. No foreign OSRV may avail itself of any privileges con- who want to say goodbye, want to see area that has been polluted. We got veyed by this determination unless its coun- the beach one last time. this document last week from the try has accorded to vessels of the U.S. the That is like having a loved one who Coast Guard. Admiral Allen, with same privileges. is in the hospital on their deathbed, whom I met with the President weeks 4. Respectfully request that U.S. Customs going to see the beach one last time. ago, said there were 2,000 skimmers. and Border Protection be notified of this de- We have these skimmers, these 2,000. termination. I said to the President: Mr. Presi- Hopefully they are on the way. That is dent, if there are 2,000 skimmers, why Mr. LeMIEUX. This is a four-bullet progress. That is the domestic side of aren’t those skimmers in the gulf? At point paragraph document. It reads in this issue. that time there were 24 skimmers off part: The other side is foreign skimmers. the coast of Florida. Today we believe Pursuant to my authority, I have deter- We have been hearing from the begin- there are about 84. Florida says 84. The mined that an adequate number of oil spill ning that foreign countries have been Feds say 130. Since this started, we response vessels (OSRVs), as defined by 46 offering assistance, reaching out to us couldn’t get a straight answer or one U.S.C. § 2101(20a), documented under the laws the way we help the world because of that reconciled between the State and of the United States and capable of skim- the goodness of our hearts as Ameri- the Feds. The good news is, it has gone ming oil cannot be employed in a timely cans when the world has problems. up to 84 from 24. But it is still a mere manner to recover the oil released from the BP Deepwater Horizon spill. When there is a typhoon in Southeast fraction of what it could be. Oil currently discharges into the Gulf of Asia or an earthquake in Haiti or We are told there are 400-some skim- Mexico at unprecedented levels. There are mers in the gulf. Around the country, Chile, the first country there to re- simply not enough U.S. OSRVs capable of spond because of the goodness of our there are 2,000; 1,600 or so in the conti- skimming oil available to keep up with the nental United States. pace at which oil flows from the well. Until people is the United States. We provide Why are all those skimmers not in the flow is stopped, therefore, it is my opin- help and relief, military sometimes. the gulf? This is something I have been ion that domestic and foreign OSRVs capable Other countries have also offered to calling for for weeks. Between Texas of skimming oil are needed to provide ade- help us in this, our time of need, some- and South Carolina there are 850. Why quate and timely protection to the Gulf times for free. Sometimes those com- aren’t they skimming up the oil? When Coast. panies want to get paid. Nonetheless, I raised this issue with the President, That is the day after we raised this they have offered to help. he and Admiral Allen said: Those skim- issue with the President. It comes on In fact, there have been 64 offers, ac- mers need to be in other places in case day 58. It should not have taken 58 days cording to the U.S. State Department’s there is an oilspill. That is like me say- to figure out they didn’t have enough document of June 29, 2010. We have ac- ing that we can’t send a fire truck to equipment, but better late than never. cepted 7 out of 64. Let me read some of your house that is on fire because we Monday of this week, the EPA and these to you. may need it for another fire. That is Coast Guard, on day 70, issued an order On June 23, Canada offered skim- not a lot of solace to you if your house releasing these skimmers to come to mers. That is under consideration. On is burning down, not a lot of solace to the gulf from whatever legal require- May 13, the European Maritime Safety the people of the gulf when this oil is ments keep them where they are, in- Agency, still under consideration; on washing up onshore, ruining their cluding releasing Navy skimmers. That June 22, Japan, under consideration. lives, keeping them from working, is good too. Now it is day 70, but it is On April 30, Norway; some have been hurting the ecosystem and the environ- still progress. I am hoping, and what I accepted, other offers are under consid- ment they love. am seeing is that these skimmers will eration. On May 2, the Republic of Something has happened that is good come to the gulf soon. We are tracking Korea offered skimmers—May 2—under news. The day after I met with the the skimmers. We got a list of these consideration; on June 23, Turkey; on President, along with our Governor and 2,000. We are calling folks in different June 22, Qatar; on May 10, the UAE, other State and local officials, on day places where the skimmers are, dif- the United Arab Emirates, under con- 57 of the crisis, on day 58 Rear Admiral ferent ports around the Southeast and sideration. Mr. President, 64 offers, 57 Watson issued a memo, June 16, 2010. the Mid-Atlantic. We are going to under consideration.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12348 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 Now, the State Department said yes- It is the job of the President of the mate. It is because of the water. Ninety terday they will accept 22 offers of as- United States. percent of the people of our State live sistance from 12 countries. Good. Good. When he ran for President, he said within 10 miles of the ocean. We have It is day 72. Why wasn’t it done sooner? President Bush’s response to Katrina more recreational boaters than any I have come to the floor before and was halfhearted and it was half meas- other State in the country. We have shown a picture of a ship called the ures. I am not sure he would want this more coastline than any other State in Swan that was offered on May 6 from a same standard applied to him right the country save Alaska. The water is Dutch company. The Swan had the ca- now. I know it is fun to give a political a way of life to people in Florida. pacity of soaking in thousands of speech, but the people in the Gulf of I have had grown men, men I have pounds of oil and water, and we never Mexico are suffering, and they need known and respected my whole life— got back to them. help and they need a President who is not men you would consider emotional We now have the opportunity to on the job managing through problems. or soft—talk about the situation of bring another ship into our effort. The Mr. President, being from Florida, we this oil crisis with me and start to Swan was a huge ship. As shown in this have had a lot of crises in the past sev- break down and cry. It is that much of picture I have in the Chamber, this is A eral years with hurricanes. In 2004, in an issue for the people of Florida. I Whale—appropriately named. It is re- 2005, we had 9 or 10 hurricanes come want to see our Federal Government ported to be the largest skimmer in the through Florida that devastated us. I rise to the task and do everything pos- world. I met with the folks who own got to watch a chief executive officer sible to solve this problem. the ship yesterday, Taiwanese folks. of our State, our Governor at the time, With that, Mr. President, I see my They have no approval yet to use this Jeb Bush, when I was in the Attorney colleague is here and I yield the floor ship, but they still steamed this ship General’s Office, manage through prob- to him. from Taiwan to the gulf—it is just get- lems, overcome obstacles, work 12, 14, The PRESIDING OFFICER (Mr. ting there now—on their own dime. 16 hours a day to make things happen, BURRIS). The Senator from Iowa is rec- Imagine what it costs to sail this ship, to get results. ognized. Mr. HARKIN. Mr. President, I am 300 yards long, bigger than an aircraft That is what it takes, and there is no sorry I was not here on the floor—but carrier. It is the largest oil skimmer one like the chief executive officer to I was watching in my office—when my ever devised. It is at least 250 times overcome those obstacles. That is what colleague from Ohio, Senator BROWN, that of these modified fishing boats we we need from the President of the made his recent statement on the Sen- are using for skimming. It has a capa- United States in this situation. I do ate floor. I think Senator BROWN point- not want to see him in Wisconsin giv- bility to draw as much as 500,000 bar- ed out very poignantly what is hap- ing a political speech. I want to see rels of oily water per 8- to 10-hour pening to so many people in our coun- him in Florida getting these skimmers cycle, and it does not have to stop. It try today who have exhausted their un- there, overcoming obstacles, solving puts the ship next to it, which it employment insurance benefits. I problems, managing through this cri- offloads the oily water to, and it can would like to follow up on the com- keep going 24 hours a day. sis, so we can protect our beaches, pro- ments made by Senator BROWN to rein- By the way, storms are not a problem tect our estuaries, and protect the way force what he said just a few minutes either because it is so big. It does not of life for the people of Florida, Ala- ago on the Senate floor and the dire rock in the waves of a storm. So you bama, Mississippi, and Louisiana. straits that so many people find them- This crisis is not over. It may not be hear these concerns now with our Trop- selves in going into the Fourth of July on your television as much as it was, ical Storm Alex in the gulf that certain holiday. ships are going to have to stop their ef- but the oil is still spewing out of this Recently, a national group of busi- forts. If this ship is allowed to work, it well. We hope these relief wells work. ness economists released its 2010 eco- does not have to stop, according to We hope they can stop the oil from nomic outlook, predicting that Amer- what the owners told me. It is being leaking in the Gulf of Mexico at an un- ica’s economy is ‘‘on track’’ toward re- tested by the Coast Guard either today precedented rate. We still do not know covery. Well, this is encouraging news. or tomorrow. how much is leaking. We hope BP is It indicates we are moving in the right Let’s hope we use this incredible re- capturing at least half of that oil now, direction under President Obama’s source and ones like it because when maybe a little bit more, but we do not leadership. But we also know the re- this oil washes up onshore, when we know. covery is very fragile. have failed to respond to the offers of But every day that goes by that oil For example, last week, we learned assistance from foreign countries, it is leaks in the Gulf of Mexico and washes that sales of new homes plummeted 33 not just oil that is washing up onshore, up on the shore of my State—when I percent in May, to the least level in 40 it is failure. We need every resource, stand on the beach in Pensacola and I years. Let me repeat that. Home sales domestic and foreign alike, in the gulf, cannot see a single skimmer, I wonder in May fell to the least level in 40 and we needed them yesterday. In fact, where our Federal Government is. We years. Banks are still reluctant to lend we needed them 50 days ago. It should need help. We need some urgency. We to small businesses. It is not that they not have taken this long to marshal need some purpose. I am glad they do not have money. According to a new this response. signed the order this week to let those Federal Reserve report, U.S. companies I just watched the President of the skimmers come. I am glad we are fi- are hoarding an all-time high sum of United States on television. He is in nally starting to accept foreign skim- $1.84 trillion in cash, but they remain Racine, WI. He gave a speech, a very mers—72 days into the crisis. But I will largely unwilling to invest, hire, and political speech. He likes to blame the continue to come to the floor every day expand. Republicans for everything that has until that oil wellhead stops leaking to U.S. companies are hoarding an all- gone wrong in the country. It is all our talk about this issue and bring light time high sum—$1.84 trillion in cash— fault. Well, let me take issue with him and attention to it, to make sure this but they are not investing, they are on this one point. This is his job. He government is doing everything it can, not hiring, and they are not expanding. may not want to be in charge of the marshaling every resource possible to So the threat of this double-dip reces- United States of America and be the keep that oil from coming on our sion is very real. President when we have the worst oil- beaches and into our coastal water- These economic warning signs are spill we have ever had, but that is part ways. not just abstract facts and figures. of the job. It is not Thad Allen’s job to I will close with this: In Florida, peo- They have very real consequences for run this. It is not Janet Napolitano’s ple love the water. It is the reason families across the country. That is job. It is not Ken Salazar’s job. It is not most people come to Florida. It is not what my friend from Ohio was talking Jane Lubchenco’s job or any other just because of the great way of life. It about earlier. The unemployment re- folks who work in the administration. is not just because of the great cli- port for May was very disappointing.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12349 By the official numbers, there are 15 the highest—since we have kept track of the lapse in this program. By the million hard-working people who have of this since 1948. The families of these end of this week, that will go up to lost their jobs through no fault of their long-term unemployed are hanging on 1,720,000 who will be cut off because we own, and they are struggling to find by a thread. Their savings are gone. won’t extend it here. By July 10, 2.14 work. Those are the official numbers— Unemployment benefits are the only million—2,140,000 Americans will have the official numbers. Many experts in lifeline they have to pay the rent and their unemployment benefits cut off. this field agree that the real numbers put food on the table. Blocking this bill may be a political are far higher. Again, I know I am not the only game for some over here in the minor- So when you count the people who Member of this body whose office has ity party, but it is not a game to mil- have become so discouraged that they been flooded with heartbreaking sto- lions of Americans who have lost their have stopped looking for work, or who ries of families back home struggling lifeline. For them, the obstruction of are working part time involuntarily to make ends meet. We heard a number this bill is a personal and family crisis because they cannot get full time of those stories from Senator BROWN of the first magnitude. work, the number of unemployed work- from Ohio. These are people trying Imagine: We are about to go out of ers is far higher, like about 30 million their hardest, doing everything they here in a couple of days for 10 days, 12 people. can to find work, but the jobs aren’t days, something like that, to celebrate So as shown on this chart, here is there. our Nation’s birthday, the Fourth of sort of the official figure of 15 million. I heard from a community college July weekend. I am sure Senators will But that is just people who are right professor from Sioux City who was laid be with their families; Congress men now on the unemployment rolls who off due to budget cuts. She has applied and women will be with their families, are actively looking for work. We have for dozens of jobs, many far below her and all of our staffs. We all have jobs. enough data to show that people have skill level. She is often told she is over- We have good jobs that pay us well. We been out of work for so long—they have qualified. She has exhausted her unem- have good benefits—health benefits, re- hunted for so long, and they are dis- ployment benefits. She and her sons, tirement benefits—as does our staff, couraged; they are not looking right one of whom is a special needs child, Republican staff and Democratic staff. now actively—they are not counted as are on Medicaid and they have applied Republican Senators and Democratic unemployed. The young people who for food stamps. Senators, we have good pay. We will have not had jobs for the first time, I heard from a worker in Des Moines have a good Fourth of July with our who are out of school but have not had who has been in the insurance industry families. We will watch the fireworks jobs for the first time, they are not for many years. She was laid off almost and have hot dogs and hamburgers, lis- counted as unemployed. People who are a year ago and has struggled to find ten to patriotic speeches, maybe make working makeshift jobs for bits and work. Her benefits were cut off last a few ourselves. How about all these pieces here and there, part-time, who week. Here is what she writes. She people? How about these people? How one time had a full-time job, they are says: about these families? What are they not counted either. When we add all My concern is that my family cannot sur- thinking about on the Fourth of July? those up, our real unemployment in vive without the unemployment benefits. We They have lost their benefits. They this country is right around 30 million have depleted our savings just to save the don’t know where to turn. What are people. house and not get behind on the bills. I know there are others far worse off. Please help they going to be celebrating? What are The official figures will say there are pass the emergency unemployment insur- they going to think about their coun- five unemployed workers for every ance extension. try? What are they going to think available job. That is not true. It is I heard from a schoolteacher in about this Congress, that turns its more like 10 workers. Job openings in northern Iowa who was laid off in Octo- back on these people? America: 2.69 million. That is how ber of 2008. She recently ran out of un- There is no reason why we can’t ex- many jobs are in America right now employment benefits and had to apply tend the unemployment insurance ben- that are open—at least last month any- for welfare. She writes: efits, none whatsoever. I think that is way. There are 30 million people out I have not felt so humiliated in 20 years. I what we have to be thinking about. there after those 2.69 million jobs; not have been a productive and hard-working Another thing that I think hits pret- 1 in 5, but 1 in 10, a little over 1 in 10. woman since I was 13, but now I feel insig- ty hard, I have heard political can- It is little wonder that the average nificant. Please do not misunderstand. I have didates out on the stump who want to spell of unemployment in this country been trying to find full-time employment, take a place in the Senate, or maybe in has skyrocketed to 34 weeks, far higher but to no avail. the House of Representatives, out there than in previous recessions. This chart Again, these are hard-working people talking about how we shouldn’t extend shows that—here is the recession of trying their best, who never imagined these benefits because this encourages 1980, 10 weeks; in July of 1981, 14 weeks; they would be in need of Federal assist- people not to go to work; it sort of en- in July of 1990, 12 weeks; March of 2001, ance. They paid into the unemploy- courages laziness. Well, I think that is the recession, 13 weeks. These are the ment insurance system while they were insulting and illogical. As I said, there unemployment spells we had during working. Their employers paid in. They are 30 million people out of work look- those recessions. We are now up to 34 ought to be able to count on it when ing for 2 million jobs. They say, Well, weeks and counting. Compare that to times get tough. To me, it is a matter but if you give them these unemploy- the recessions of the past. It is a small of fundamental fairness and human de- ment benefits, it makes them lazy. wonder that a lot of people say this is cency. They won’t go to work. not a recession, this is a depression. Yet, in the face of so many families The numbers vary from State to People don’t want to say it, but in in crisis, an extension—a short-term State, but the unemployment benefit many ways, we are on the edge of a de- extension—of unemployment insurance nationwide is about $300 a week, below pression. is being needlessly, and I would even the poverty line. So here is the average As a result, a record number of say cruelly, obstructed here in the Sen- income for a family of four on unem- Americans is facing long-term unem- ate. Time and again we have tried to ployment benefits: It is about $15,600. ployment; 6.8 million Americans out of pass an extension of unemployment It is more in some States, less in other work for more than half a year, by offi- benefits and time and time again that States. That is an average. So what is cial numbers alone. That is the highest effort has been blocked by Members on the poverty line for a family of four? It number of long-term unemployed we the other side of this aisle. As a result is $22,000. That is below the poverty have had since we started keeping of this political gamesmanship, as of line. They are telling me people don’t track in 1948. Let me repeat that. The the end of last week—at the end of last want to go to work? These are people number of Americans out of work for week—1,350,000 Americans exhausted who had work. They are not out of more than half a year is the highest— their unemployment benefits because work because they walked off the job;

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12350 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 they are out of work because they were ple to work, let’s start doing infra- Mr. HARKIN. I am delighted to yield cut off of work. In some States, bene- structure rebuilding in America. Re- to the Senator. fits are smaller. For example, in Mis- build our sewer and water systems, our Mr. DURBIN. Mr. President, I thank sissippi, the weekly maximum benefit highways, roads, bridges, rails, high the Senator for bringing this issue and is $235 a week. Again, that is thousands speed. That is a great investment, plus timely discussion to the floor. of dollars less than the annual salary it will put a lot of people to work too. We had a meeting today of the deficit of a full-time minimum wage worker. A whole lot of people say, Well, we commission—18 of us who have been Again, I can’t imagine anyone who had have to extend the Bush tax cuts to get charged with finding a way to deal the alternative to make more money the economy going. Extending the with our Nation’s deficit. Speaking to and to have a full-time job would say, Bush tax cuts is a 49-cent return on the us was the Director of the CBO, Con- No, I want to stay on unemployment dollar—not a very good investment, gressional Budget Office, Mr. Elmen- benefits. That is insulting. It is insult- folks. Not very good. dorf, who talked about what we need to ing. So unemployment benefits, yes, they do. I asked him a question that went I have also heard my colleagues ob- cost money. Yes, they do add to the directly to the Senator’s point: As we ject to this benefit extension on the deficit, but they provide for a lot of talk about reducing the deficit, isn’t grounds that providing these benefits economic activity in this country—a there a worry or concern that if we hit is too expensive. It will add to the def- lot more than extending a tax cut. For the brakes too soon, we can plunge icit. I understand the concern, and we example, in Iowa alone, more than 3,700 even deeper into a recession, with more are all concerned about the deficit of jobs were saved or created in my State people out of work? He said yes. He this country. But, it doesn’t hold water in 2009 thanks to the benefits of unem- said that you have to make sure we when we are sitting in the midst of an ployment insurance. That is 3,700 jobs start moving forward, putting people economic crisis. We are about to pass a in my State alone because of unem- to work, with the GDP growing; and supplemental appropriations bill here ployment benefits. once you have the economy stabilized sometime soon, probably after we get Again, under these circumstances, and moving forward, with people pay- back from the Fourth of July break. It obstruction of an extension of unem- ing taxes—which, incidentally, brings has about $37 billion in there in mili- ployment benefits is inexplicable. How down the deficit—then you can talk tary aid to Iraq and Afghanistan. We do you explain it? How do you explain about the long-term deficit fix. So I are building infrastructure projects something such as that to someone say to the Senator from Iowa, he really over there. We are putting people to who is on their lifeline, has lost their hit the nail on the head. work there. We are continuing to lose a benefits, or is on the verge of losing Our colleagues on the other side who lot of American lives, young Americans their benefits right now? It is like a refuse to support extending unemploy- getting injured and killed, and that is person who is in the hospital with a se- ment compensation benefits say: We adding to the deficit. Yet we are not rious infection. The doctor says, OK, want to take it from some other area paying for that. That is adding to the here is a 15-day course of antibiotics. of spending. Well, of course, that just deficit. The patient goes home and says OK, 15 reduces the stimulus to the American It seems to me if we are trying to days, I have to take the antibiotics economy. So they are not helping look ahead and trying to protect the every day. But day 8 comes, day 9 things. What we need to do is help people of this country, we want to get comes, the patient feels better, they them. people back to work. We want to get stop taking their antibiotics. The in- I see the Senator from Iowa has 3,700 the economy going again. We need to fection reasserts itself, the patient is workers in Iowa affected by this. We get the recovery up and running. Un- right back in the hospital. have over 10,000 in the State of Illinois. employment benefits cost money, yes, That is where we are in this eco- In fact, it is 20,000 at this point. It will but think about it this way. That nomic recovery. We made the mistake be 80,000 by the end of June, if I am not money is spent here in America. It is once before; history shows this. In 1937, mistaken. At this point, these folks not spent overseas and it is not spent we were getting out of a depression, have reached a point of desperation. someplace else. It is spent here. the public works projects and things I had a call over the weekend from a What do people do when they get un- President Franklin Roosevelt and the friend who is unemployed. She is the employment insurance benefits? What Democratic Congress put in place were mother of three kids, with a grandchild do they do with that money? Do they getting us out of the recession. But in the house. They are cutting off her put it in a shoe box? Do they bury it in then the so-called deficit hawks took utilities because her unemployment a hole in the ground? No. They go out over and began then to tighten down on check was cut off. That is the reality of and they spend it. They spend it on the benefits and these programs. What life for people who have lost jobs food and clothes and the necessities of happened? The Federal Reserve started through no fault of their own. life: housing, rent, utilities. That tightening up the money, Congress I thank the Senator for bringing up money spins around in the economy. slashed spending, the Fed tightened its this issue. I will be embarrassed if we That is why the economists all agree policy, and the economy plunged back leave here for the Fourth of July break that one of the—this is from down into a depression. without taking on this unemployment moodyseconomy.com. The biggest That is why I used the analogy of issue and helping people across the Na- boost for the economy in terms of ben- someone in the hospital with a serious tion who are similarly situated. efits from the government, the biggest infection and they are prescribed 15 I will ask the Senator a question bang for the buck, so to speak, are food days of antibiotics, but after 5 to 7 since he yielded for that purpose. Does stamps. That is because poor people days, they feel better and they stop, the Senator even possibly agree with who get food stamps spend it right the infection then reasserts itself, and what I have said? away on food. Not all, but most of the they are right back in the hospital. Mr. HARKIN. Mr. President, I thank food is grown in this country and proc- That is where we are now. the Senator, who has been a champion essed; not all of it, but most of it. So Well, quite frankly, there is an infec- of working people and families for all you get a big bang for the buck. For tion in our country. The infection is the many years I have known him, and every dollar in food stamps, you get called a recession, a deep recession, a that is many years now. I thank him $1.73 in economic activity in this coun- depression. Thirty million people are for telling us about what the CBO said try—$1.73 for every dollar invested. Un- out of work. That is an infection. in the deficit commission. employment benefits, $1.63. Right next There is one thing that will help re- I pointed out a couple of things ear- to food stamps, unemployment bene- lieve that infection right now: the med- lier. The Senator is right on the mark fits. Infrastructure investments that so icine of unemployment benefits. in terms of economic activity, and that many of us talk about, very close on Mr. DURBIN. Will the Senator yield is why it is so important right now to their heels: $1.59. If we want to put peo- for a question? get the economy moving again, to keep

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12351 it moving. The biggest bang for the The PRESIDING OFFICER. The Sen- these in Illinois, I know, Mr. President, buck we get is food stamps. People ator from Louisiana is recognized. and I have many of them in Lou- spend those right away on food. Ms. LANDRIEU. Mr. President, I isiana—that has to buy inventory and Second to that, for every dollar we begin by complimenting the senior put it in their showrooms for when peo- put into unemployment benefits, it Senator from Massachusetts for a re- ple come by and they look at the prod- causes $1.63 of economic activity. That markable tribute to the late Senator uct. is not a bad return on the dollar. Well, ROBERT BYRD. It was beautifully deliv- Some people might go on the Inter- down here on the chart, extending the ered, beautifully written. It captured net these days. My son does this. He Bush tax cuts, you only get 49 cents the spirit of this wonderful Senator spends a lot of time looking for auto- back. That is what my Republican and highlighted just a few of the ex- mobiles because he has not yet been friends say you need to do—more of traordinary accomplishments in his given permission to purchase his first these Bush tax cuts. That is dismal. life. I was privileged to be on the floor one. He is looking every night, bring- Yet an infrastructure investment to hear it delivered by the Senator ing pictures to his mother and father, brings $1.59 cents. If you invest more in from Massachusetts. talking about the benefits. infrastructure—sewer and water, Mr. President, I ask unanimous con- People today go on the Internet. plants and highways, roads, bridges, sent to speak for up to 10 minutes as in They look at all these products they high-speed rail—not only do you get a morning business. want to buy—boats, tractors, for exam- great return, you get a lot of people The PRESIDING OFFICER. Without ple. They do not usually push the but- employed at the same time. objection, it is so ordered. ton to buy these products on the Inter- How can we leave here tomorrow or SMALL BUSINESS LENDING FUND ACT net; they go down to their local dealer. Friday, when we leave for 10 or 12 days, Ms. LANDRIEU. Mr. President, I was They want to walk into a showroom. when we know this is what is hap- here earlier today, following Senator They want to look at the product. pening? At the end of last week, BAUCUS’s handling of a portion of the They heard about it, and they might 1,350,000 Americans lost their unem- small business bill. I am pleased to have documents from the Internet. ployment benefits. At the end of this share in that responsibility on a small They go to their local small business, week, it jumps up to 1,720,000. By July business bill that is not immediately whether it is in some parts of Illinois 10, before we come back, it will be before the Senate because, remember, or Louisiana down in Thibodeaux, Vio- 2,140,000 Americans who will lose their we came off it temporarily to talk let, Larose. They walk into that local benefits. How can we go home and cele- about the unemployment measure that marine operator and say: I have looked brate the Fourth of July with fire- is pending about which Senator HARKIN on the Internet, and this is the kind of works—the birthday of our Republic— just spoke. boat I want to buy. Do you have one in and give patriotic speeches about how I want to return to the small busi- stock? If we pass this bill, he might great we are, what a good country this ness bill because at some point, after a have one in stock. If we do not pass is, when we are going to leave all these vote on the unemployment measure be- this bill, chances are he will not be people out in the cold? What does that fore the Senate, we will get back to a able to make that sale. That is what say about this body, about the Con- very important bill for you, Mr. Presi- the 7(a) lending program does. gress? dent, and you have been a leader in I have a letter from the National Ma- I will tell you, I say to all those fami- this area, as well as many of us. rine Manufacturers Association that lies who have written me letters, con- I want to speak for a moment about says they have over thousands of mem- tacted me by e-mail, and have come a couple of provisions of the small busi- bers. They say that they believe if we into my offices, telling me of your job- ness bill. The bill itself has three major pass this provision in this small busi- lessness and your struggles: You are pieces to it. There is a piece that came ness bill, it could affect over 350,000 not forgotten. We are here fighting to out of the Small Business Committee try to get this done. jobs in America because that is how My Republican colleagues refuse to about which I spent some time this these small businesses operate. let us extend unemployment benefits— morning talking, the elements of Unlike a lot of businesses we talk even for less than half a year, a short strengthening the SBA lending pro- about, these are not businesses in period of time. Well, we will do every- grams, expanding the limits for the China or in India or in South Africa or thing we can to get this done. For the amount of money that businesses can in France. These are small businesses sake of these families, our country, and borrow. There is a piece that is coming with American-made products in our for the sake of, yes, our economy, we out of the Finance Committee that is own neighborhoods, almost in every can’t leave here without extending broadly supported. Senator BAUCUS and neighborhood in America, that has an these unemployment benefits. Senator GRASSLEY have done a great inventory, that is trying to sell some- I ask my Republican colleagues who job. Basically, it is tax cuts relative to thing. When that purchase is made, tax have been blocking this to have a sense small businesses that can help them dollars are generated, money changes of humanity on this, a sense of compas- with tax provisions. Then there is a hands, and our economy gets rolling sion, of caring for these families. We piece that has come from the Treasury, again. all make good money around here. We the White House, the leadership team, This 7(a) lending program is not to be get good pay and benefits, good retire- about small business lending. underestimated. It is not just an old ment benefits. All our staffs are em- I want to talk for a few minutes government program that does not ployed. Everybody here in this Cham- about a piece of the small business work. This program will potentially le- ber is employed. How about these peo- package, and then I want to talk about verage loans up to $15 million. ple who are unemployed? You have to the bank investment program, the $30 That is a lot of money for a small think about them before we close up billion program. business to be able to purchase a num- shop and leave here this week. First of all, one of the most impor- ber of tractors for their inventory or With that, I yield the floor. tant aspects of the small business bill automobiles or RVs or jet skis. This is The PRESIDING OFFICER. The Sen- is the extension and the expansion of a big industry, Mr. President. You ator from Massachusetts is recognized. 7(a) loans. To put this in plain English, know it. You see it on Main Streets all Mr. KERRY. Mr. President, I ask these are the loans that the Small over the country. unanimous consent to speak as in Business Administration partners with When we pass this bill, I want my morning business. banks to make what we call floor plan colleagues to know that those voting The PRESIDING OFFICER. Without lending. It is any business that has in- for it can be very proud. For those of objection, it is so ordered. ventory—maybe it is a tractor com- my colleagues voting no, they are (The remarks of Mr. KERRY are lo- pany or a manufactured home company going to have some explaining to do be- cated in today’s RECORD under ‘‘Morn- or a boat, marine industry with a small cause the automobile dealers in their ing Business.’’) business owner—and you have some of States, the marine manufacturers in

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12352 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 their States are going to say why This program will allow them to vol- other side. That just gets back to we didn’t you vote for a bill that would untarily—not mandatorily but volun- are the party of no. We are going to say allow me to go to my local bank, bor- tarily—ask the Treasury to infuse no, no matter how good the idea is. row up to $15 million so I can put in- some capital through an investment in This is a good idea for healthy banks ventory in our showrooms so people in all of our banks. The banks will then that the bank association supports. I this town can come to my shop or my take that money and, if they follow the think we should be for it, and I am hop- place of business and purchase that guidelines of Treasury in terms of the ing we can vote for it when we get equipment? program as it is outlined, and they back. This 7(a) loan program is very impor- start to lend the money to small busi- One other point. Then I am going to tant. It came out of our committee nesses, they will get a benefit. They do cede the floor. Because of the great with broad bipartisan support. I am not have to pay the Treasury back a work Senator WARNER of Virginia and pleased it is in the underlying bill. dividend. They can pay the Treasury Senator LEVIN have done, they have I want to say one more word. I know back a lower dividend on the invest- convinced enough of us on both sides of there may be others on the floor to ment the taxpayers have made in that the aisle, I hope, to add to this provi- speak. In another section of this small bank. sion something we call the State small business bill, in our attempt to get jobs So for my colleagues who say this is business credit access fund. So in addi- created in America to bring this reces- TARP II, they are absolutely dead tion to what President Obama came up sion to an end, to get our people back wrong. There is not a ‘‘T’’ in this pro- with, he and his team, Senator WARNER to work—yes, we have to extend unem- gram for ‘‘trouble.’’ This is for banks and Senator LEVIN did a lot of work on ployment, but eventually—eventually, that are healthy, and I am very excited this and explained it to many of us. not now, but some time soon, not now to say that our community banks in Many of our colleagues were Governors because it is too soon, many econo- Louisiana survived this meltdown be- before they got here, so they know mists say, but at some time, we are cause they didn’t engage in some of something about this. Their job was to going to have to stop the emergency this reckless behavior that some of the create jobs when they were Governors. extension of unemployment and have a large banks participated in. Our com- Now, happy for us, they are Senators job for people to go back to because I munity banks in Illinois and in Michi- and they are still trying to create jobs. agree with Senator HARKIN, most peo- gan and in Ohio—I know they had a lit- So they brought an idea to our com- ple—99.9 percent of people in America— tle more trouble in the rust belt—but mittee which we looked at very care- men and women, Black and White, His- many of the community banks in the fully and said yes. Then they worked panic or Asian, would rather work be- South did very well and were very through Finance, and Finance said yes. cause it not only helps their family smart about their lending. They never What this does is set aside $2 billion economically, but it is very rewarding got into trouble. for State programs that are already es- to work, particularly at something one So this $30 billion infusion from tablished and that act in very different likes to do, and it is life affirming. Treasury into preferred stock in these ways but are mission-driven organiza- People aren’t interested, as some of my banks, investments structured this tions run by our Governors. These are Republican colleagues want to say, in way, will encourage these small banks Governors from different parties, so it sitting home and collecting $215 a to make money the old-fashioned is not a partisan program. We are going week. In some States, I think in Mis- way—not on transaction costs, not on to give $2 billion out through these sissippi, it is $146 a week. Who wants to charging people extra for the balance programs, and they will then turn do that? How many mouths can you they do or don’t have in their checking around and lend money and make the feed at $146 a week? Please, tell me. accounts, but by getting back to old- master plans of economic development Not many. I do the shopping in my fashioned banking: making money in in the State of Virginia real. family. That wouldn’t cover 4 days’ or your bank when you make good loans It helps the State of Michigan, where 5 days’ worth of groceries in my fam- to businesses. When you are smart and they have some great small businesses, ily, and I have only two children. you are looking at businesses in your CARL LEVIN says. But he said to me: So I am not sure what people are community and you are lending them MARY, the problem is that they do not talking about on the Republican side, money, they are expanding and they have the collateral they once had to that people would like to stay home pay you back the loan with interest. get the loan because their collateral and collect a real big check. People You lend them more money, and they has depreciated. So the banks are not want to get back to work. But in order pay you back the money you lent them going to lend them the money because to help them get back to work, we are with interest. They grow, the business they do not have the collateral. So we going to have to have some extraor- grows, the bank grows, and the com- have come up with a way to enhance dinary measures to get banks—me- munity grows. their collateral to make it a good dium-sized banks, community banks— Mr. President, I suggest in America loan—not a risky loan but a good loan. lending again. that we get back to the old-fashioned So that is in here. I think the President and the Treas- way that banks should make money. So for people who say government is ury have come up with quite an inno- The Presiding Officer did that success- not creative or not innovative or we vative program. It is $30 billion, and fully when he was in Illinois—lend are not trying to do the smart things, many Republican Senators voted for money to small business. That is what this is a smart bill. Besides being a it—at least eight. I don’t know what the President’s $30 billion does. healthy bank bill, it is a smart lending the others were thinking, but I would I hope Republicans who voted against bill. In some of these instances, the like to give them a couple of argu- this provision because they believe this Federal Government is actually going ments to rethink their vote. is TARP II will actually read the bill. to make a profit. So I hope when we Some of them have said this is the It is not very long. It is just a few get back, when we are talking about TARP again. Remember what TARP pages. It is just a few pages. It is not a small business, we can be enthusiastic stands for. TARP stands for Troubled troubled bank program; it is a healthy in supporting the basically $32 billion Assets Relief Program. It is a program bank program, and they should be for lending program, the small business for troubled banks. The ‘‘T’’ stands for it because, as the chairman of the com- package, and the tax cuts that Senator ‘‘trouble.’’ This $30 billion program we mittee, I have received a letter from BAUCUS and Senator GRASSLEY, with have come up with should be called the the association that represents the the help of Senator SNOWE, have put healthy bank provision because this is community banks. They said: Senator, together for small businesses through- not for troubled banks; this is for we favor this provision. We want this out the country. I hope we can stop healthy banks. These are banks that to happen. fighting, stop saying no, and just say are not troubled. They are healthy So for the taxpayers listening, don’t yes to job growth and creation in banks. be fooled by the arguments on the America for hard-working taxpayers

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12353 and Americans who deserve our best ef- Things never change. Here is what fourth of the oil that is pulled out of fort on this bill. Will Rogers said many years ago. He this planet every morning. Every day I yield the floor. said: we use one-fourth in this little place The PRESIDING OFFICER. The Sen- The unemployed here ain’t eating regular, called the United States. Yet over 60 ator from North Dakota. but we will get around to them as soon as ev- percent of that which we use comes Mr. DORGAN. Mr. President, I sup- erybody else gets fixed up OK. from other countries. That leaves us port the comments of and the legisla- Boy, if there was ever a description far too vulnerable to others, and, by tion by the Senator from Louisiana. I of the way things work these days, this the way, some of whom are in very think it makes a great deal of sense to is it. Old Will Rogers. And this descrip- troubled parts of the world. We are far strengthen small businesses. They are, tion is as old as eight or nine decades, too vulnerable to others for our energy after all, the job generators in this isn’t it? The unemployed here ain’t supplies. That is a fact. country. So I appreciated her com- eating regular, but we don’t have time The second something that is hap- ments. We don’t always agree on every yet. We will get to them after every- pening to this planet is called climate issue around here, but I am a strong body else gets taken care of. And who change. We don’t necessarily know ex- supporter of her work as chairman of gets taken care of first? The folks at actly what that is, but the wide con- the Small Business Committee and of the top of the economic ladder. sensus of scientists tells us we need to the legislation she has described. I wonder, I just wonder what would be concerned about it and we need to Mr. President, I wanted to come to happen with a bill to extend unemploy- be taking actions to deal with it. the Senate floor briefly today because ment benefits if the only Americans I appreciate the President’s leader- we are talking about extending unem- who were unemployed were investment ship on these issues and saying we need ployment compensation, unemploy- bankers? Do you think that wouldn’t to move. We need to do some things ment benefits, to people who are out of have been passed in a nanosecond, just here. But the discussion was, What is work, and we are having a very dif- like that? But, no, the unemployed are achievable? ficult time doing that. These benefits people named Smith and Jones and What is achievable, in my judgment, are for people who worked on payrolls. Adams and Johnson. They are the ones from listening and participating in They actually paid a little of their somehow at the bottom of the eco- that meeting, is what I have always be- money in taxes to support an unem- nomic ladder who don’t seem to matter lieved was achievable. The only thing ployment fund so if they lost their jobs to some people. achievable is that which will get 60 they would be able to get some unem- My hope is this Congress will have votes to come from the calendar of the ployment help. But in order to do that, the good sense to do the right thing. Senate to the floor because it takes 60 this has to be extended by the Senate, During tough times, we have some- votes on a motion to proceed to con- and it has become increasingly dif- thing called a safety net—that is the sider anything. I believe the only thing ficult to extend unemployment com- unemployment compensation—that that can get 60 votes, based on not only pensation to those who are out of work. helps people when they are laid off, I find that kind of inexplicable be- the meeting yesterday but other dis- when they are out of work and are hav- cause for the folks at the top of the cussions I have had, would be to bring ing trouble and can’t find another job. economic ladder, there is no problem in the bill passed by the Energy Com- their getting what they want out of It is our responsibility to extend that. mittee, which was bipartisan, to the this Chamber. I noticed in the last 24 That is what we should be doing. floor of the Senate. That does not ex- As Will Rogers said: Everybody else hours or so that one of my colleagues clude anything else. That does not ex- gets help. In the last 24 hours, the folks objected to something that was in the clude anybody from offering climate at the top of the economic ladder got financial reform bill. He said: Well, you change amendments, comprehensive help—the biggest banks in the country. are going to impose a fee on the biggest climate change amendments. But we Why? Because somebody said they banks. He said: I won’t accept that. He will never get to the floor unless we get said: If you do that, I won’t vote for the needed some comfort—a bedtime story, to the floor with something that can bill. The biggest banks in the country a fluffed pillow, an aspirin, some com- get 60 votes, and I am convinced the shouldn’t have to pay this fee. fort. They got their comfort. But we only thing that can achieve that is the I was thinking to myself: Why not? are still waiting to see if the people bipartisan Energy bill out of the com- They drove the country into the ditch. who lost their jobs and who are at the mittee. They are the ones involved in the cess- bottom of the economic ladder will get The Energy bill itself is a bill that pool of greed, many of them, trading the help they were promised. I hope so. does reduce carbon. It does all the things on things they will get from We will have a vote on that and we will things I think it should do. Yes, it says people who never had it and making soon see. we are going to continue to use the fos- money on both sides, which created an ENERGY POLICY sil energy—coal, oil, natural gas—but unbelievable orgy of speculation that Mr. President, I wanted to mention we are going to use that in a different ran the country right into the ditch. that yesterday a group of us went down way. We are going to decarbonize and There is nothing wrong, it seems to to meet with the President on the sub- take great pains to protect the planet me, with their having to pay a fee here ject of energy, and following that as we do. We are going to build some or there. meeting a number of my colleagues nuclear. We are going to maximize re- But one of our colleagues said: I spoke to the press. I did not. But be- newables—solar and wind energy. We won’t support that. All of a sudden, the cause there were stories today about are going to do the biofuels, including conference committee got back to- the representation of that meeting biodiesel, ethanol, and geothermal. All gether and said: How can we fluff up with the President, I thought I would of these sources of energy are impor- your pillow, big guy? Can we give you at least offer my notion of what that tant to our country’s future. an aspirin, put you to sleep? meeting meant and what the con- All of these areas—conservation, in- If you are at the top of this economic sequences of it will or should be. cluding retrofitting buildings; the first ladder in this Chamber, you can do just The meeting with the President, call- ever renewable electric standard; build- fine because somebody will make you ing a number of Republicans and ing an interstate highway of trans- comfortable. But what about the peo- Democrats—about 10 or 12 of us—down mission capability; high-voltage trans- ple at the bottom? What about the per- to the White House, was to talk about mission so you can collect energy son who came home from work after 18 energy and to simply try to evaluate where the wind blows and the Sun years on the job and said: Honey, I lost what is achievable, what should be shines and put it on a wire and send it my job today. And they can’t find an- done with respect to energy. We know to where it is needed in the load cen- other job? What about that family and two things are making this country ters—all of that was part of the bill that person? What about extending un- vulnerable: No. 1, we are way too de- that was passed out of the Energy employment help for that person? pendent on foreign oil. We use one- Committee 1 year ago this month. That

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12354 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 is, in my judgment, what is achievable that country? Where is al-Qaida? We Anytime we have seen the unemploy- to get to the floor of the Senate, and know where it is in part: northern ment rate, I believe at about 7.5 per- then it is open for amendments. That Pakistan. Where is al-Qaida? What is cent, above 7.5 percent or so, we have does not exclude, by the way, any other this—a war against terror or is it a war extended unemployment insurance amendments people wish to offer that against insurgents? benefits—insurance benefits—because can achieve the 60 votes, once it is on My own view is that I think it is you pay in and then when you are not the floor, that can address climate highly unlikely, no matter how long working, you receive benefits. We have change. this country is in Afghanistan, that we done that throughout our history for As I said before, there is something will ever be successful in the rural trib- two reasons: No. 1, because we ac- to climate change, as far as I am con- al lands of Afghanistan. But my hope knowledge what happens to a family cerned. We would be fools not to recog- and my desire is to want the best for when someone in the family loses their nize and fools not to address it. The this country. I think the best will be job, when the breadwinner can’t bring question is not whether; it is when and achieved if we have a thoughtful, good, home any bread; and No. 2, because we how. full, complete discussion as a nation know it stimulates the economy. Every I said before that I would support about what our objectives are, how we economist, from the right to the left, capping carbon and I would support achieve those objectives, and when, at has agreed that the best way to stimu- pricing carbon. I also said I will not last, at long, long last, we can bring late the economy is to provide dollars support what is called cap and trade troops home and be in a position where to people who are forced to spend it, because I do not intend to give Wall we are not saying America at this because they don’t have a job. So some- Street a trillion-dollar carbon securi- point is at war. We need to be address- one who receives that $250 or $300 a ties market to trade so they can tell us ing the terrorist threat across this week—it is not enough to do much on, what the cost of our energy is going to planet, and that will take us a long but it is enough to pay the rent, be. But that aside, I really think it is while, but I think that is a very dif- enough to buy some food, enough to important that we not end this year ferent circumstance than being en- pay the electric bill; maybe get the without doing an energy bill that ad- gaged in the fight in Afghanistan as it kids some clothes, maybe put some gas vances this country’s energy and na- currently exists. in the car so they can continue to look tional security. I yield the floor. I suggest the ab- for work. So we know it not only stim- Let me mention one additional item sence of a quorum. ulates the economy, but it is the right very quickly; that is, yesterday there The PRESIDING OFFICER. The thing to do from the standpoint of eth- was a hearing in the Armed Services clerk will call the roll. ics, morals, values. Committee with respect to the nomina- The assistant bill clerk proceeded to Tomorrow, we are going to have an tion of General Petraeus to assume call the roll. opportunity to see whether there are 60 command in Afghanistan. I am not Mr. LEVIN. Mr. President, I ask colleagues in the Senate who are will- going to speak at length about this. I unanimous consent that the order for ing to vote to stop a filibuster that has fully support General Petraeus and this the quorum call be rescinded. now gone on—I believe this is the ninth nomination. I think the President has The PRESIDING OFFICER. Without week—actually, 8 weeks on a jobs bill made an excellent choice. By the way, objection, it is so ordered. that included unemployment benefits I don’t think he had much choice but (The remarks of Mr. LEVIN are print- extension—and then this week, the to replace General McChrystal, and re- ed in today’s RECORD under ‘‘Morning ninth week on the bill that we are fo- placing him with General Petraeus Business.’’) cusing on, including unemployment Mr. LEVIN. I yield the floor and sug- makes a great deal of sense to me. benefits. It will also do something im- I wish to say with respect to Afghani- gest the absence of a quorum. The PRESIDING OFFICER. The portant for people who have used the stan that I think it is long past the clerk will call the roll. first-time home buyer tax credit that time for us to have a very significant The assistant bill clerk proceeded to runs out at the end of this month, discussion about Afghanistan. The call the roll. which has been a great stimulus, an- President has indicated the potential Mr. COCHRAN. Mr. President, I ask other part of the Recovery Act that has withdrawal date beginning on July 1 of unanimous consent that the order for been very important to the economy. It next year, 2011. But I think that even the quorum call be rescinded. runs out, and we want people who before that, we need to have a discus- The PRESIDING OFFICER. Without haven’t yet closed on their homes not sion in this country about what our objection, it is so ordered. to lose the ability to have a credit, so role is in Afghanistan. What, in fact, is (The remarks of Mr. COCHRAN are the bill will also include extending the victory in Afghanistan? Are we fight- printed in today’s RECORD under home buyers credit implementation ing al-Qaida? Are we fighting terrorists ‘‘Morning Business.’’) until October. in Afghanistan or are we fighting in- Mr. COCHRAN. I yield the floor and I understand there is a willingness surgents in Afghanistan? What about suggest the absence of a quorum. and strong bipartisan support to help the Afghanistan Government and The PRESIDING OFFICER. The first-time home buyers but not to help President Karzai? What is achievable? clerk will call the roll. the people who are out of work and Every day, we are sending young men The assistant bill clerk proceeded to probably are going to lose their houses, and women to fight in a war, and call the roll. which I continue to not understand. I many—I should not say ‘‘many’’—a Ms. STABENOW. Mr. President, I ask am grateful because I know we have at number of them will lose their lives. unanimous consent that the order for least one, maybe two Republican col- We go on almost ‘‘out of sight out of the quorum call be rescinded. leagues who will join with us to stop mind,’’ not thinking about it, not de- The ACTING PRESIDENT pro tem- the filibuster. I am grateful for that. bating it nearly enough. What is it we pore. Without objection, it is so or- But we need at least three Republican are achieving? We have been at war for dered. colleagues to join with us in order to nearly 8 years, spending a great deal of Ms. STABENOW. Mr. President, to- get this done tomorrow night. money—lost treasure and lost lives. By morrow evening, I think at about 5:30, We hear a lot of debate, a lot of dis- the way, with respect to treasure, not a we are going to have a vote that is cussion, a lot of arguments from the penny of it has been paid for. going to immediately impact over 1 people who say: We are happy to extend I think it is time for us to have a million people across the country, and unemployment benefits; we just want good discussion in this country about millions more after that, if we do not to pay for it. what are we doing? How long will we do extend unemployment benefits as we That sounds great on the surface, un- it? What is victory? What is achiev- have done in every recession, Demo- less you know the full history of how able? Should we, in fact, be engaged in cratic or Republican President, unemployment insurance works and a long-term war against insurgents in throughout our history. the other kinds of decisions we make

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12355 as a body. We have always funded un- Senator Stabenow, the argument by the ers getting back to hiring people, and employment benefit extensions Republicans seems to be that they don’t you focus on jobs. Then you lift us up through something called emergency want to strap ‘‘our children and grand- out of deficit because people are work- spending. As I have said before, if 15 children’’ with the debts of their parents; ing and buying things and paying their however, I believe they are talking about million people being out of work in their children and not mine. I say this be- taxes, and they are part of the econ- America isn’t an emergency, I don’t cause my children will be homeless and hun- omy. It can’t just be about a few people know what is. That is more people than gry in the next week or so. in our country. are affected by a hurricane or a flood A lot more damage is going to be done in We will not have a strong country if or a tornado or an agricultural dis- the here and now than anyone realizes. If somehow the policies are only set for a aster. We have traditionally done this they are talking about the numbers of people privileged few. We have been different because it was the right thing to do as being taken off unemployment insurance from other countries because we have benefits, they are talking about families, not had this strong middle class, which we an emergency, but also because, again, just adults. Families. I have two sons; where we lose the economic stimulus, the eco- are we going to live, and how are we going to are losing as a result of the policies, nomic benefit, if we don’t do it that survive? yes, in the last administration, and the way. I wonder how many of these ‘‘intelligent’’ deficits that were created, and we are For two reasons we have always done people went to college and paid for it all as losing it because we cannot get past it this way. It is interesting that folks they went and did not incur any debt? I am filibusters now to move forward on a who argue passionately that we should attending college currently and I am incur- jobs agenda and help people who are not worry about the deficit if we are ring debt because I plan, in the future, to be out of work to be able to continue to able to pay back the money with my new, expanding the estate tax cut for the better paying job. That is how most people live. top 200 or 300 families in America, then have to do it, invest in the future and know The Recovery Act that was put in deficits don’t matter—or the top tax that you are doing something not just for place last year has worked, but there is bracket, with the tax cuts under Presi- yourself but also for the country, become a much more to do. It stopped us from dent Bush. Deficits don’t matter to positive influence on the society. going over the cliff and began to turn them. But, boy, they matter if we are I don’t know what I am going to do with things around. But there is much more talking about people who are out of my children, how I am going to pay my rent to do. Somehow, just saying that, well, and utilities, have food to eat and gas to put Wall Street is doing better—despite the work. into my car, so I can continue going to I talk to people every day in my school and looking for work. I have never ups and downs on Wall Street—and State, people who have never been been without a job before. things are kind of doing OK now for without a job in their lives. They are Mr. President, that is a story that is those folks, so we are done ignores horrified they can’t find a job. They repeated hundreds of thousands, in what is going on for way too many peo- are looking for a job every day. They fact, unfortunately, millions of times ple in this country. want to work, but they are in an econ- across this country right now. People Mr. President, I think the latest poll I saw was that 47 percent of the people omy they didn’t create, where right who are doing what we have asked in my State have someone in their im- now there are five people looking for them to do; they are caring for their mediate family who has lost their job, every one job. That is better than last children, many going back to school and their family is impacted by that. year when it was six people looking for and trying to do a different career or That is astounding. We don’t have the every one job. We know that because of upgrade their skills to give them some- what we have done with the Recovery highest unemployment rate anymore; thing that gives them an edge in the Act, we are slowly coming out of the we have the second highest rate. I am job market to be able to get a job. But hole, but we have a long way to go yet. sure that can be said of Nevada, Rhode they are using unemployment benefits Certainly, this isn’t the time to fili- Island, California, and around the to keep them between being on the buster jobs bills, whether it be small country. business or the jobs bill that we have street and having a roof over their I strongly urge my colleagues to set been trying to pass in the last 8 weeks. heads. aside the election politics, set aside That is not some political rhetoric. It certainly isn’t the time to say we whatever it is that has been getting in That is what is happening to people. It are just tired of hearing about those the way of getting this done, and be doesn’t have to happen to people. people who are out of work; it is tire- willing to look at what is happening Serena, in Dearborn, MI, doesn’t have some. Some people say that. They are for real families right now and how we tired of hearing about the unemployed. to become homeless in a week or so. can make sure that Serena isn’t home- Well, people in Michigan are tired of She doesn’t have to, if we can come to- less with her two children in a couple being unemployed. They want to work. gether and override this filibuster on of weeks and how millions of other They know how to work. They have unemployment benefits. We just need Americans can be able to continue to worked their whole lives. It is not their 60 people to support it in order to be care for their families while they look fault that the crisis happened on Wall able to get this done. I fear for Serena for work. Street that dried up credit, that and for the tens of thousands of people Then the most important thing we stopped manufacturers and small busi- in my State if we don’t do this—and can do is partner with business, create nesses from getting loans to be able to the millions who find themselves in a the atmosphere and incentives to cre- continue to do business. It is not their situation across the country. ate that work. That is our job. I am fault that they lost their savings or We will never get out of deficit with laser-focused on that as well. their 401(k)s or their pensions. It is not over 15 million people out of work. This I see my distinguished friend from their fault we didn’t enforce the trade idea that suddenly now nothing mat- New Jersey. I will yield the floor to laws in this country and lost 6 million ters but deficits ignores how we are him and thank him for his passionate manufacturing jobs under the previous going to get out of deficit. Back in the support for the people in this country administration because the focus was 1990s, when we actually balanced the who just want a fair shake. I thank the on cheap products rather than Amer- budget, I was proud to do so. I think it Presiding Officer, as well, for his pas- ican jobs. That is not their fault. was in 1997, when I was in the House sion and commitment to jobs and mak- It was not their fault that we con- under President Clinton. Part of what ing sure we move our country forward tinue to have tax incentives that pro- we did was focus on work, jobs, and by paying attention to the great mid- mote jobs going overseas, which we education, and 22 million people got dle class of this country, who need us want to do away with in the jobs bill. new jobs—22 million new jobs were cre- to fight for them. That is what we are It is not their fault. ated, and we came out of deficit. That doing in the Senate. Mr. President, I want to read one e- is what we believe. That is what our I yield the floor. mail out of the thousands I receive. I Democratic majority believes, that you The ACTING PRESIDENT pro tem- received it today. It is from Serena in focus on work, you focus on small busi- pore. The Senator from New Jersey is Dearborn, MI. It says: nesses getting capital, and manufactur- recognized.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12356 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 Mr. LAUTENBERG. Mr. President, I Mr. REID. We will have the vote CLOTURE MOTION suggest the absence of a quorum. start at about 3 after 8. Is that OK? The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- Mrs. HUTCHISON. That is fine. pore. Under the previous order and pur- pore. The clerk will call the roll. Parliamentary inquiry. suant to rule XXII, the Chair lays be- The assistant editor of the daily di- Mr. REID. That will give the Senator fore the Senate the pending cloture gest proceeded to call the roll. time to talk. motion, which the clerk will state. Mr. LAUTENBERG. Mr. President, I Mrs. HUTCHISON. Is the flood insur- The assistant bill clerk read as fol- ask unanimous consent that the order ance bill that was passed by the House lows: for the quorum call be rescinded. that will extend flood insurance for The ACTING PRESIDENT pro tem- those coastal State people in what the CLOTURE MOTION pore. Without objection, it is so or- leader just read. We, the undersigned Senators, in accord- dered. Mr. REID. Yes. I was able to work ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move (The remarks of Mr. LAUTENBERG are that out with Senator LANDRIEU a to bring to a close debate on the motion to printed in today’s RECORD under short time ago so we could do that concur in the House amendment to the Sen- ‘‘Morning Business.’’) now. ate amendment to H.R. 4213, the American Mr. LAUTENBERG. Mr. President, I Mrs. HUTCHISON. I thank the Sen- Jobs and Closing Tax Loopholes Act, with a yield the floor, and I suggest the ab- ator. Reid amendment No. 4425. sence of a quorum. Mr. REID. OK. I was very anxious to Harry Reid, Max Baucus, Jack Reed, Ed- The ACTING PRESIDENT pro tem- get it done. So we can start the vote at ward E. Kaufman, John F. Kerry, Shel- pore. The clerk will call the roll. 8 o’clock, if the Senator gets through don Whitehouse, Carl Levin, Roland W. The assistant legislative clerk pro- speaking. Burris, Richard J. Durbin, Jeff ceeded to call the roll. Mrs. HUTCHISON. I thank the leader Merkley, Benjamin L. Cardin, Chris- Mr. GRAHAM. Mr. President, I ask very much. topher J. Dodd, John D. Rockefeller, unanimous consent that the order for The ACTING PRESIDENT pro tem- IV, Barbara Boxer, Patty Murray, Rob- the quorum call be rescinded. pore. Without objection, it is so or- ert P. Casey, Jr., Charles E. Schumer. The ACTING PRESIDENT pro tem- dered. The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- The Senator from Texas. pore. By unanimous consent, the man- dered. Mrs. HUTCHISON. Mr. President, in datory quorum call has been waived. Mr. GRAHAM. Mr. President, I rise the couple minutes before the vote The question is, Is it the sense of the to speak for a few minutes in two starts, I just want to say this is a huge Senate that debate on the motion to areas, if the Chair can let me know move for the people of the gulf coast concur with amendment No. 4425 in the when 10 minutes has expired. who have been trying to purchase flood House amendment to the Senate The ACTING PRESIDENT pro tem- insurance under the National Flood In- amendment to H.R. 4213, the American pore. The Senator will be so notified. surance Program that lapsed June 1. Workers, State, and Business Relief (The remarks of Mr. GRAHAM are The hardship is that, of course, we are Act of 2010, shall be brought to a close? printed in today’s RECORD under going into hurricane season. Private The yeas and nays are mandatory ‘‘Morning Business.’’) insurance is not available on the coast under the rule. Mr. GRAHAM. I yield the floor and for floods right now, so the Federal The clerk will call the roll. suggest the absence of a quorum. program is all there is. The assistant legislative clerk pro- The ACTING PRESIDENT pro tem- People have not been able to close on ceeded to call the roll. pore. The clerk will call the roll. housing contracts, on purchases of The PRESIDING OFFICER (Mr. The assistant bill clerk proceeded to houses, because flood insurance is re- BURRIS). Are there any other Senators call the roll. quired and they have not been able to in the Chamber desiring to vote? Mr. REID. Mr. President, I ask unan- get it. imous consent that the order for the Mr. KYL. The following Senators are So Senator LANDRIEU, Senator VIT- necessarily absent: the Senator from quorum call be rescinded. TER, I, Senator CORNYN, Senator SES- South Carolina (Mr. DEMINT), the Sen- The ACTING PRESIDENT pro tem- SIONS, Senator SHELBY, Senator NEL- ator from Kansas (Mr. ROBERTS), and pore. Without objection, it is so or- SON, Senator LEMIEUX—everyone has dered. the Senator from Missouri (Mr. BOND). been very concerned about this if we Further, if present and voting, the Mr. REID. Mr. President, I ask unan- represent a border State—and Senator imous consent that the cloture vote on Senator from South Carolina (Mr. COCHRAN and Senator WICKER. DEMINT) would have voted ‘‘nay.’’ the motion to concur in the House So we have been pressing, and I know The yeas and nays resulted—yeas 58, amendment to the Senate amendment there have been a lot of competing in- nays 38, as follows: to H.R. 4213 with amendment No. 4425 terests. But it is very important we are occur at 8 o’clock tonight, and that passing the bill that has passed the [Rollcall Vote No. 204 Leg.] any time until then be equally divided House already. It will be sent to the YEAS—58 and controlled between the two leaders President, and the people of the gulf Akaka Franken Murray or their designees; that upon the con- coast will once again be able to pur- Baucus Gillibrand Nelson (FL) clusion of this vote, if cloture is not in- chase that flood insurance, as we see a Bayh Hagan Pryor Begich Harkin Reed voked, the majority leader be recog- tropical storm moving toward our gulf Bennet Inouye nized to enter a motion to reconsider Rockefeller coast as we speak. So it is certainly Bingaman Johnson Sanders the vote by which cloture was not in- timely. It will certainly be a relief, and Boxer Kaufman Schumer voked; that upon the conclusion of this Brown (OH) Kerry Shaheen the extension will be until September Burris Klobuchar Snowe vote, the Senate then proceed en bloc 30. So the people who want to purchase Cantwell Kohl Specter to the consideration of Calendar No. Cardin Landrieu insurance, which, of course, they need Stabenow Carper Lautenberg 455, H.R. 5623, and H.R. 5569, which is at and will know they are covered, will be Tester the desk; that the bills be read a third Casey Leahy covered. Collins Levin Udall (CO) time, passed, and the motions to recon- I thank the Chair. I thank the leader Conrad Lieberman Udall (NM) sider be laid upon the table en bloc; as well. Dodd Lincoln Warner that any statements relating to these The ACTING PRESIDENT pro tem- Dorgan McCaskill Webb Durbin Menendez Whitehouse measures be printed in the RECORD pore. The majority leader. Feingold Merkley Wyden with no intervening action or debate. Mr. REID. Mr. President, I originally Feinstein Mikulski Does the Senator from Texas wish to said 8:03. I ask unanimous consent that NAYS—38 speak? the vote begin now. Mrs. HUTCHISON. I would appre- The ACTING PRESIDENT pro tem- Alexander Brownback Coburn Barrasso Bunning Cochran ciate, Mr. Leader, if I could ask a ques- pore. Without objection, it is so or- Bennett Burr Corker tion. dered. Brown (MA) Chambliss Cornyn

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12357 Crapo Isakson Reid Susan McCue, of Virginia, to be a Member To be rear admiral (lower half) Ensign Johanns Risch of the Broadcasting Board of Governors for a Capt. Willie L. Metts Enzi Kyl Sessions term expiring August 13, 2011. Capt. Jan E. Tighe Graham LeMieux Shelby Dennis Mulhaupt, of California, to be a Grassley Lugar The following named officer for appoint- Thune Member of the Broadcasting Board of Gov- Gregg McCain ment in the United States Navy to the grade Vitter ernors for a term expiring August 13, 2011. Hatch McConnell Voinovich indicated under title 10, U.S.C., section 624: S. Enders Wimbush, of Virginia, to be a Hutchison Murkowski Wicker Inhofe Nelson (NE) Member of the Broadcasting Board of Gov- To be rear admiral (lower half) Capt. Thomas H. Bond, Jr. NOT VOTING—3 ernors for a term expiring August 13, 2010. Theodore Sedgwick, of Virginia, to be Am- The following named officer for appoint- Bond DeMint Roberts bassador Extraordinary and Plenipotentiary ment in the United States Navy to the grade The PRESIDING OFFICER. On this of the United States of America to the Slo- indicated under title 10, U.S.C., section 624: vote, the yeas are 58, the nays are 38. vak Republic. To be rear admiral Michael P. Meehan, of Virginia, to be a Three-fifths of the Senators duly cho- Rear Adm. (lh) Samuel J. Cox sen and sworn not having voted in the Member of the Broadcasting Board of Gov- ernors for a term expiring August 13, 2010. The following named officer for appoint- affirmative, the motion is not agreed Dana M. Perino, of the District of Colum- ment in the United States Navy to the grade to. bia, to be a Member of the Broadcasting indicated under title 10, U.S.C., section 624: Mr. REID. Mr. President, I enter a Board of Governors for a term expiring Au- To be rear admiral motion to reconsider the vote by which gust 13, 2012. Rear Adm. (lh) Michael S. Rogers cloture was not invoked. DEPARTMENT OF THE TREASURY The following named officer for appoint- The PRESIDING OFFICER. The mo- S. Leslie Ireland, of Massachusetts, to be ment in the United States Navy to the grade tion is entered. Assistant Secretary for Intelligence and indicated under title 10, U.S.C., section 624: f Analysis, Department of the Treasury. To be rear admiral HOMEBUYER ASSISTANCE AND IN THE ARMY Rear Adm. (lh) David G. Simpson IMPROVEMENT ACT OF 2010 The following named officer for appoint- The following named officer for appoint- ment in the United States Army to the grade ment in the United States Navy to the grade indicated while assigned to a position of im- indicated under title 10, U.S.C., section 624: NATIONAL FLOOD INSURANCE portance and responsibility under title 10, To be rear admiral PROGRAM EXTENSION ACT OF 2010 U.S.C., section 601: Rear Adm. (lh) David A. Dunaway The PRESIDING OFFICER. Under To be general The following named officers for appoint- the previous order, H.R. 5623 and H.R. Gen. David H. Petraeus ment in the United States Navy to the grade 5569 are passed en bloc, and the mo- The following named officer for appoint- indicated under title 10, U.S.C., section 624: tions to reconsider are considered made ment in the United States Army to the grade To be rear admiral and laid upon the table en bloc. indicated while assigned to a position of im- Rear Adm. (lh) Terry J. Benedict The bill (H.R. 5623) was ordered to be portance and responsibility under title 10, Rear Adm. (lh) Thomas J. Eccles U.S.C., section 601: read a third time, was read the third The following named officer for appoint- To be general time, and passed. ment in the United States Navy Reserve to The bill (H.R. 5569) was ordered to be Gen. Raymond T. Odierno the grade indicated under title 10, U.S.C., read a third time, was read the third The following named officer for appoint- section 12203: time, and passed. ment in the United States Army to the grade To be rear admiral (lower half) indicated while assigned to a position of im- Capt. James H. Rodman, Jr. f portance and responsibility under title 10, The following named officer for appoint- EXECUTIVE SESSION U.S.C., section 601: ment in the United States Navy Reserve to To be lieutenant general the grade indicated under title 10, U.S.C., Lt. Gen. Francis H. Kearney, III section 12203: EXECUTIVE CALENDAR IN THE MARINE CORPS To be rear admiral (lower half) Mr. REID. I ask unanimous consent The following named officer for appoint- Capt. Victor M. Beck that the Senate proceed to executive ment in the United States Marine Corps Re- The following named officer for appoint- session to consider Calendar Nos. 802 to serve to the grade indicated under title 10, ment in the United States Navy Reserve to and including 808, 811, 900, 901, 903, 963, U.S.C., section 12203: the grade indicated under title 10, U.S.C., 965 to and including 992, and all nomi- To be major general section 12203: nations on the Secretary’s desk in the Brig. Gen. Rex C. McMillian To be rear admiral (lower half) Air Force, Marine Corps, and Navy; IN THE NAVY Capt. Gerald W. Clusen that the nominations be confirmed en The following named officer for appoint- The following named officer for appoint- bloc and motions to reconsider be laid ment in the United States Navy to the grade ment in the United States Navy Reserve to on the table en bloc; that no further indicated under title 10, U.S.C., section 624: the grade indicated under title 10, U.S.C., section 12203: motions be in order and any state- To be rear admiral To be rear admiral (lower half) ments relating to the nominations be Rear Adm. (lh) Alton L. Stocks printed in the RECORD, the President be Capt. Bryan P. Cutchen The following named officer for appoint- The following named officer for appoint- immediately notified of the Senate’s ment in the United States Navy to the grade ment in the United States Navy Reserve to action, and the Senate resume legisla- indicated under title 10, U.S.C., section 624: the grade indicated under title 10, U.S.C., tive session. To be rear admiral The PRESIDING OFFICER. Without section 12203: objection, it is so ordered. Rear Adm. (lh) William A. Brown To be rear admiral The nominations considered and con- The following named officer for appoint- Rear Adm. (lh) Patricia E. Wolfe firmed en bloc are as follows: ment in the United States Navy to the grade The following named officer for appoint- indicated under title 10, U.S.C., section 624: BROADCASTING BOARD OF GOVERNORS ment in the United States Navy Reserve to To be rear admiral (lower half) Victor H. Ashe, of Tennessee, to be a Mem- the grade indicated under title 10, U.S.C., ber of the Broadcasting Board of Governors Capt. Elaine C. Wagner section 12203: for a term expiring August 13, 2010. The following named officer for appoint- To be rear admiral Walter Isaacson, of Louisiana, to be a ment in the United States Navy to the grade Rear Adm. (lh) Donald R. Gintzig Member of the Broadcasting Board of Gov- indicated under title 10, U.S.C., section 624: The following named officer for appoint- ernors for a term expiring August 13, 2012. To be rear admiral (lower half) ment in the United States Navy Reserve to Walter Isaacson, of Louisiana, to be Chair- the grade indicated under title 10, U.S.C., man of the Broadcasting Board of Governors. Capt. Colin G. Chinn Michael Lynton, of California, to be a The following named officers for appoint- section 12203: Member of the Broadcasting Board of Gov- ment in the United States Navy to the grade To be rear admiral ernors for a term expiring August 13, 2012. indicated under title 10, U.S.C., section 624: Rear Adm. (lh) Steven M. Talson

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12358 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 The following named officer for appoint- PN1690 NAVY nominations (4) beginning PN1742 NAVY nominations (12) beginning ment in the United States Navy Reserve to STEPHEN J. LEPP, and ending MELANIE F. CHAD F. ACEY, and ending STEVEN G. the grade indicated under title 10, U.S.C., OBRIEN, which nominations were received WELDON, which nominations were received section 12203: by the Senate and appeared in the Congres- by the Senate and appeared in the Congres- To be rear admiral sional Record of April 26, 2010. sional Record of April 29, 2010. PN1691 NAVY nomination of Caroline M. PN1743 NAVY nominations (21) beginning Rear Adm. (lh) Lothrop S. Little Gaghan, which was received by the Senate JAMES S. BIGGS, and ending HAROLD E. The following named officers for appoint- and appeared in the Congressional Record of WILLIAMS, which nominations were re- ment in the United States Navy Reserve to April 26, 2010. ceived by the Senate and appeared in the the grade indicated under title 10, U.S.C., PN1692 NAVY nominations (5) beginning Congressional Record of April 29, 2010. section 12203: DAVID W. HOWARD, and ending CARL R. PN1744 NAVY nominations (5) beginning To be rear admiral TORRES, which nominations were received RICHARD W. HAUPT, and ending JOSEPH Rear Adm. (lh) Garry J. Bonelli by the Senate and appeared in the Congres- A. SURETTE, which nominations were re- Rear Adm. (lh) Scott E. Sanders sional Record of April 26, 2010. ceived by the Senate and appeared in the Rear Adm. (lh) Robert O. Wray, Jr. PN1693 NAVY nominations (2) beginning Congressional Record of April 29, 2010. KEVIN A. ASKIN, and ending CRAIG S. The following named officer for appoint- PN1745 NAVY nominations (5) beginning FEHRLE, which nominations were received ment in the United States Navy Reserve to EDWARD A. BRADFIELD, and ending by the Senate and appeared in the Congres- the grade indicated under title 10, U.S.C., SCOTT E. ORGAN, which nominations were sional Record of April 26, 2010. section 12203: received by the Senate and appeared in the PN1694 NAVY nominations (3) beginning Congressional Record of April 29, 2010. To be rear admiral (lower half) JOHN B. HOLT, and ending CHRISTOPHER PN1746 NAVY nominations (4) beginning Capt. Margaret A. Rykowski R. STEARNS, which nominations were re- BRIAN D. CONNON, and ending ERIKA L. The following named officer for appoint- ceived by the Senate and appeared in the SAUER, which nominations were received by ment in the United States Navy Reserve to Congressional Record of April 26, 2010. the Senate and appeared in the Congres- the grade indicated under title 10, U.S.C., PN1695 NAVY nomination of Jeffrey S. sional Record of April 29, 2010. section 12203: Tandy, which was received by the Senate and PN1747 NAVY nominations (4) beginning appeared in the Congressional Record of To be rear admiral (lower half) CONRADO K. ALEJO, and ending RICHARD April 26, 2010. Capt. Gregory C. Horn D. JONES, which nominations were received PN1696 NAVY nominations (3) beginning by the Senate and appeared in the Congres- The following named officer for appoint- RUSSELL L. COONS, and ending SCOTT C. sional Record of April 29, 2010. ment in the United States Navy Reserve to RYE, which nominations were received by PN1748 NAVY nominations (9) beginning the grade indicated under title 10, U.S.C., the Senate and appeared in the Congres- ERIC D. CHENEY, and ending CYNTHIA M. section 12203: sional Record of April 26, 2010. WOMBLE, which nominations were received PN1697 NAVY nominations (12) beginning To be rear admiral (lower half) by the Senate and appeared in the Congres- KEVIN P. BENNETT, and ending PAUL F. Capt. Paula C. Brown sional Record of April 29, 2010. WHITE, which nominations were received by PN1749 NAVY nominations (169) beginning The following named officer for appoint- the Senate and appeared in the Congres- JAMES A. AIKEN, and ending THEODORE ment in the United States Navy Reserve to sional Record of April 26, 2010. A. ZOBEL, which nominations were received the grade indicated under title 10, U.S.C., PN1698 NAVY nominations (15) beginning by the Senate and appeared in the Congres- section 12203: RICHARD A. BALZANO, and ending MARK sional Record of April 29, 2010. To be rear admiral J. WINTER, which nominations were re- PN1787 NAVY nomination of James R. ceived by the Senate and appeared in the Rear Adm. (lh) Scott A. Weikert Peltier, which was received by the Senate The following named officer for appoint- Congressional Record of April 26, 2010. PN1699 NAVY nominations (4) beginning and appeared in the Congressional Record of ment in the United States Navy Reserve to JOHN T. ARCHER, and ending ANDREW D. May 13, 2010. the grade indicated under title 10, U.S.C., MCDONALD, which nominations were re- PN1788 NAVY nominations (76) beginning section 12203: ceived by the Senate and appeared in the JOSEPH C. AQUILINA, and ending WIL- To be rear admiral (lower half) Congressional Record of April 26, 2010. LIAM M. WIKE, which nominations were re- Captain Kelvin N. Dixon PN1700 NAVY nominations (18) beginning ceived by the Senate and appeared in the STEVEN T. BELDY, and ending DAN A. Congressional Record of May 13, 2010. NOMINATIONS PLACED ON THE SECRETARY’S STARLING, which nominations were re- PN1789 NAVY nominations (13) beginning DESK ceived by the Senate and appeared in the STEPHEN G. ALFANO, and ending TERRY IN THE AIR FORCE Congressional Record of April 26, 2010. D. WEBB, which nominations were received PN1519 AIR FORCE nominations (2990) be- PN1701 NAVY nominations (72) beginning by the Senate and appeared in the Congres- ginning JEREMY C. AAMOLD, and ending JAMES D. BEARDSLEY, and ending CHRIS- sional Record of May 13, 2010. PETER W. ZUMWALT, which nominations TOPHER S. ZIMMERMAN, which nomina- PN1790 NAVY nominations (27) beginning were received by the Senate and appeared in tions were received by the Senate and ap- CHRISTOPHER A. BLOW, and ending LINDA the Congressional Record of March 3, 2010. peared in the Congressional Record of April D. YOUBERG, which nominations were re- PN1661 AIR FORCE nominations (125) be- 26, 2010. ceived by the Senate and appeared in the ginning MARK J. AGUIAR, and ending PN1737 NAVY nominations (3) beginning Congressional Record of May 13, 2010. MELINDA A. WILLIAMSON, which nomina- LLOYD P. BROWN JR., and ending PN1791 NAVY nominations (11) beginning tions were received by the Senate and ap- VINCENTIUS J. VANJOOLEN, which nomi- JEFFREY A. FISCHER, and ending TRACY peared in the Congressional Record of April nations were received by the Senate and ap- V. RIKER, which nominations were received 21, 2010. peared in the Congressional Record of April by the Senate and appeared in the Congres- PN1664 AIR FORCE nominations (47) begin- 29, 2010. sional Record of May 13, 2010. ning VERONA BOUCHER, and ending PN1738 NAVY nominations (19) beginning PN1792 NAVY nominations (25) beginning JAMES A. YOUNG, which nominations were DANNY K. BUSCH, and ending MICHAEL CATHERINE A. BAYNE, and ending MARY received by the Senate and appeared in the ZIV, which nominations were received by the A. YONK, which nominations were received Congressional Record of April 21, 2010. Senate and appeared in the Congressional by the Senate and appeared in the Congres- sional Record of May 13, 2010. IN THE MARINE CORPS Record of April 29, 2010. PN1739 NAVY nominations (14) beginning PN1793 NAVY nominations (23) beginning PN1843 MARINE CORPS nominations (5) WILLIAM S. DILLON, and ending MICHAEL JOHN D. BRUGHELLI, and ending POLLY S. beginning ADAM M. KING, and ending J. VANGHEEM, which nominations were re- WOLF, which nominations were received by JAMES D. VALENTINE, which nominations ceived by the Senate and appeared in the the Senate and appeared in the Congres- were received by the Senate and appeared in Congressional Record of April 29, 2010. sional Record of May 13, 2010. the Congressional Record of May 27, 2010. PN1740 NAVY nominations (5) beginning PN1794 NAVY nominations (13) beginning IN THE NAVY NORA A. BURGHARDT, and ending RICK T. BILLY M. APPLETON, and ending MIL A. PN1688 NAVY nomination of Lynn A. TAYLOR, which nominations were received YI, which nominations were received by the Oschmann, which was received by the Senate by the Senate and appeared in the Congres- Senate and appeared in the Congressional and appeared in the Congressional Record of sional Record of April 29, 2010. Record of May 13, 2010. April 26, 2010. PN1741 NAVY nominations (11) beginning PN1795 NAVY nominations (12) beginning PN1689 NAVY nomination of Diane C. BRUCE J. BLACK, and ending DAVID G. ERIC M. AABY, and ending GEORGE N. Boettcher, which was received by the Senate WIRTH, which nominations were received by SUTHER, which nominations were received and appeared in the Congressional Record of the Senate and appeared in the Congres- by the Senate and appeared in the Congres- April 26, 2010. sional Record of April 29, 2010. sional Record of May 13, 2010.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12359 PN1841 NAVY nomination of Axel L. publican leader knows full well that ev- FOREIGN SERVICE Steiner, which was received by the Senate erything in the so-called extenders The following named persons of the agen- and appeared in the Congressional Record of package was paid for. It was paid for cies indicated for appointment as Foreign May 27, 2010. because it was the right thing to do. Service Officers of the classes stated. PN1842 NAVY nomination of Clifford R. We, as a Congress—Democrats and Re- For appointment as Foreign Service Offi- Shearer, which was received by the Senate cer of Class One, Consular Officer and Sec- and appeared in the Congressional Record of publicans—have always extended un- retary in the Diplomatic Service of the May 27, 2010. employment benefits because it is an United States of America, emergency. President Reagan did it for f AGENCY FOR INTERNATIONAL DEVELOPMENT almost 3 years. President Bush did it LEGISLATIVE SESSION Robin J. Brinkley Hadden, of Maryland for a couple years. It has been going on Sharon Thams Carter, of Florida Haven G. The PRESIDING OFFICER. The Sen- on a bipartisan basis when times are Cruz-Hubbard, of California ate will resume legislative session. tough in America. Mary Pamela Foster, of Maryland Bruce The PRESIDING OFFICER. The Re- This is only an excuse the Repub- Gelband, of Virginia publican leader is recognized. licans have. We only needed one more Mikaela Sawtelle Meredith, of Virginia f Republican to get this done. And I so Leslie Ann Perry, of Colorado Roy appreciate the two good Senators from Plucknett, of Virginia Gary Robbins, of UNANIMOUS CONSENT REQUEST— Maine for recognizing that these people Colorado H.R. 4853 who are unemployed deserve this. Sarah Wright, of the District of Columbia Mr. MCCONNELL. Mr. President, let Mark Zandi, JOHN MCCAIN’s chief DEPARTMENT OF STATE me just say briefly, once again, the ma- economic adviser, said that for every $1 Joseph Ambrose Kenny, Jr., of Maryland jority wants to make this debate about spent on someone who is unemployed Eric Khant, of Florida Republicans opposing something. Let with unemployment compensation, For appointment as Foreign Service Offi- me make it clear that we have offered $1.61 is returned. cer of Class Two, Consular Officer and Sec- ways of paying for these programs, and For people to talk about, there are retary in the Diplomatic Service of the we have been eager to approve them. jobs out there and that all they have to United States of America, But we cannot support job-killing do is go look for them—for every job in AGENCY FOR INTERNATIONAL DEVELOPMENT taxes and adding tens of billions to the America, there are five people looking Candace Harring Buzzard, of Washington already unsustainable national debt. for that job. It is better than it was. John Joseph Cardenas, of California So the only reason the unemployment Holly Fluty Dempsey, of West Virginia Just a short time ago, it was one job Peter William Duffy, of Massachusetts extension has not passed is because our for every six job applicants. Mustapha El Hamzaoui, of New Hampshire friends on the other side simply refuse So I understand and I think the Rebekah R. Eubanks, of Illinois to pass a bill that does not add to the American people understand what the Christian William Hougen, of Virginia debt. That is it. That is the only dif- Republicans are doing, and I object. Sheri-Nouane Bernadette Johnson, of New ference between what they have offered The PRESIDING OFFICER. Objec- York and what we have offered. tion is heard. Jonathan T. Kamin, of Maryland In a moment, I will offer a 2-month Mr. REID. Mr. President, I suggest Karin A. Kolstrom, of Florida extension of the expired unemployment the absence of a quorum. William C. Maclaren, of Virginia Veena Reddy, of California insurance benefits. This extension The PRESIDING OFFICER. The would be fully paid using the very same clerk will call the roll. DEPARTMENT OF STATE stimulus funds 57 Democrats, including The assistant legislative clerk pro- Daniel G. Brown, of Missouri my friend the majority leader, voted to ceeded to call the roll. Kevin A. Weishar, of Missouri redirect for these same purposes. Let Mr. CARPER. Mr. President, I ask For appointment as Foreign Service Offi- cer of Class Three, Consular Officer and Sec- me repeat that. We would pay for this unanimous consent that the order for the quorum call be rescinded. retary in the Diplomatic Service of the extension with a Democrat-approved United States of America, stimulus offset. This extension we will The PRESIDING OFFICER. Without AGENCY FOR INTERNATIONAL DEVELOPMENT offer would cover the month of June, objection, it is so ordered. f Randolph Henri Augustin, of Georgia when benefits have lapsed, and it would Shirley L. Baldwin, of Virginia cover next month, so we will have time EXECUTIVE SESSION Michelle M. Barrett, of Michigan to further debate these proposals. James A. Berscheit, of Wyoming If the Democrats object to extending David M. Bogran Schrewe, of Texas these programs using their own stim- NOMINATIONS DISCHARGED Aaron S. Brownell, of Texas ulus offset to pay for them, then they Mr. CARPER. Mr. President, I ask Leslie-Ann A. Burnette, of California will be saying loudly and clearly that unanimous consent that the Senate Matthew Andrew Burton, of New Hampshire their commitment to deficit spending proceed to executive session and the Tamika Cameron, of Texas Stanley A. Canton, of Maryland trumps their desire to help the unem- Foreign Relations Committee be dis- James Christopher Carlson, of Colorado ployed. So let’s be clear about the prin- charged en bloc of Foreign Service Christina Eve Chappell, of Pennsylvania ciple that is really at stake here: Are nominations beginning with Robin J. Randy Chester, of Nevada Democrats willing to extend these pro- Brinkley Hadden and ending with Blake A. Chrystal, of Oregon grams without—without—adding to the Heather Louise Yorkson, which were Mary R. Cobb, of Ohio debt? That is the real question in this received by the Senate and appeared in Barry Collins, of New Hampshire debate. the CONGRESSIONAL RECORD on Feb- Ananta Hans Cook, of California Therefore, Mr. President, I ask unan- ruary 24, 2010, PN1482, except for Hus- Bradley Cronk, of Florida imous consent that the Senate proceed Walter Doetsch, of Texas sein Waheed Iman; that the Senate pro- Myra Yumiko Emata-Stokes, of California to the immediate consideration of H.R. ceed en bloc to their consideration; Lalarukh Faiz, of Virginia 4853; that all after the enacting clause that the nominations be confirmed en Stephen Fitzpatrick, of New Hampshire be stricken and the McConnell amend- bloc and the motions to reconsider be Karla Inez Fossand, of Minnesota ment at the desk be agreed to; that the laid upon the table en bloc; that any Melissa M. Francis, of Florida bill, as amended, be read a third time statements be printed in the RECORD; Stephanie James Garvey, of Texas and passed, and the motions to recon- that the President be immediately no- Michael Glees, of California sider be laid upon the table. tified of the Senate’s action, and the Garret John Harries, of Minnesota The PRESIDING OFFICER. Is there Angela Dawn Hogg, of California Senate resume legislative session. Cory B. Johnston, of Maine objection? The PRESIDING OFFICER. Without Taisha Mumtazi Jones, of the District of Co- The majority leader. objection, it is so ordered. lumbia Mr. REID. Mr. President, reserving The nominations considered and con- Michael G. Junge, of Washington the right to object, my friend the Re- firmed en bloc are as follows: Karen D. Klimowski, of California

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12360 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 Patrick J. Kollars, of South Dakota Adam J. Hantman, of Maryland Melanie L. Clark, of Virginia Thomas J. Kress, of New York Sara Ruth Harriger, of Alaska Amy Laurence Conroy, of the District of Co- Ronald Jay Kryk, of Texas James Holtsnider, of Iowa lumbia Christopher James La Fargue, of Louisiana Aaron D. Honn, of Texas Jason A. Cook, of Virginia Philip Lamade, of Missouri Ludovic L. Hood, of the District of Columbia William R. Cook, of California Dwaine Eriq Lee, of California Erika Lorel Hosking, of Virginia William T. Coombs, of Maryland Alyssa Wilson Leggoe, of New Jersey Charles L. Jarrett III, of Tennessee Emilio Cortes, of Virginia Jesse Adam Leggoe, of New Jersey Hormazd J. Kanga, of Kentucky Gregory Roy Cowan, of Texas Ginger Edwards Longworth, of South Caro- David Kristian Kvols, of Florida Christen Lane Decker, of New Hampshire lina Felicia D. Lynch, of Florida Jonathan Morris Dennehy, of Massachusetts Leslie Marbury, of Georgia Mika McBride, of Texas Phillip Anthony de Souza, of Maryland Bruce Freeman McFarland, of Washington Matthew C. McNeil, of Virginia Jill Wisniewski Dietrich, of the District of Andrew Mckim, of California Karen N. Mims, of Pennsylvania Columbia Amy B. Meyer, of California Judith H. Monson, of New York Julia Sampson Dillard, of California A. Aurelia Micko, of Florida Roshni Mona Nirody, of Alaska Noah A. Donadieu, of Pennsylvania Tracy Jeanne Miller, of Oregon Sheila Sophia O’Donnell, of Illinois Melissa Ann Dorsey, of Illinois Kerry Monaghan, of Texas Juan Carlos Ospina, of Florida James E. Duckett, of Virginia Diane B. Moore, of New York Benjamin Nelson Reames, of Texas Ruth Lillian Dowe, of New York Monique Mosolf, of Florida Charles Wilson Ruark III, of Georgia William Echols, of Washington Juniper M. Neill, of Alaska Sarah A. Schmidt, of Maine Jessica D. Eicher, of Colorado Christopher D. O’Donnell, of Florida Heidi E. Smith, of Michigan Jeffrey Gordon Eisen, of Wisconsin Miriam Onivogui, of Georgia Marc Alan Snider, of Illinois Howard E. Ennaco, of Virginia Sean Joseph Osner, of Texas Virgil B. Strohmeyer, of California Ronald L. Etter, of Virginia Geoffrey Brooks Parish, of Texas Adrienne Beck Taylor, of Virginia Kathryn Lindsay Fisher, of Virginia Jonathan Clayton Richter, of Florida Rebecca S. Phelps Thurmond, of Michigan Howard A. Frey, of Virginia Michael Allan Ronning, of Minnesota Andres Valdes, of Florida Marc Brandon Gartner, of California Michele A. Russell, of Virginia Sovandara Yin, of Oregon Casey Thomas Getz, of Virginia Carl Andrew Seagrave, of the District of Co- Madelina M. Young, of Florida Richard D. Gopaul, of Maryland lumbia The following-named Members of the For- Mark Ostapovych Gul, of Virginia Lorraine Sherman, of Florida eign Service to be Consular Officers and Sec- Amanda Gunton, of New York Cybill Sigler, of Texas retaries in the Diplomatic Service of the James J. Hamblin, of Virginia Robert J. Simmons, of the District of Colum- United States of America: Zennia D. Hancock, of New York bia DEPARTMENT OF COMMERCE Christine L. Harper, of Alabama R. Christian Smith, of Nevada Tara L. Harrison, of Utah Poonam Smith-Sreen, of Florida Vince H. Suneja, of Virginia Jennifer M. Heath, of Virginia Francisco Ricardo Somarriba, of Florida DEPARTMENT OF STATE Annaliese J. Heiligenstein, of Texas Sandra Anna Stajka, of Virginia Kristen E. Aanstoos, of Mississippi Laura Heimann, of Virginia Jennifer J. Tikka, of Washington Kathleen Elizabeth Abner, of Maryland James Michael Henry, of Massachusetts Doanh Q. Van, of Washington Hatim Nelson Ahmed, of Virginia Benjamin E. Hettinga, of Virginia Caroll L. Vasquez, of Virginia Zia Ahmed, of Massachusetts Michael D. Hight, of Virginia Jorge E. Velasco, of Maryland Andrew R. Alberts, of Virginia Sirli Hill, of Virginia Stephanie Ann Wilcock, of Washington Syed Mujtaba Andrabi, of Washington Duane Martin Hillegas, of Maryland George Zarycky, of Virginia Alison Marie Ashwell, of Virginia Thomas Martin Hochstetler, of Virginia DEPARTMENT OF STATE Mark David Aubrecht, of Washington Ellen M. Hoffman, of Virginia Anthony P. Kujawa, of Maryland Michelle E. Azevedo, of the District of Co- Jennifer Holmes, of Utah Kristi J. Mietzner, of Virginia lumbia Jacqueline Philyaw Hoskins, of Virginia Jari D. Barnett, of Oklahoma Margo Marie Huennekens, of California For appointment as Foreign Service Offi- Jacob Barrett, of Virginia Christian Brian Hummel, of Virginia cer of Class Four, Consular Officer and Sec- Jonathan M. Barrow, of Maryland William Hunt, Jr., of Maryland retary in the Diplomatic Service of the Carrie Lynn Basnight, of Kentucky Casey Iorg, of California United States of America: Amanda K. Beck, of California Jennifer J. Isakoff, of Virginia DEPARTMENT OF STATE Michelle Nicole Bennett, of California Charles L. Jewell, Jr., of Virginia Jeffrey R. Allen, of the District of Columbia Andrew Berdy, of New Jersey Michael D. Johnstone, of Virginia Todd Anderson, of Kentucky Dustin Reeve Bickel, of Georgia Alex Jones, of Wisconsin James D. Applegate, of Michigan Ashwin E. Bijanki, of Virginia John Boyce Jones, of Virginia Maha Angelina Armush, of Texas Natalie Irene Bonjoc, of California Leon V. Jones II, of Virginia Chuka Asike, of Texas Steven R. Bonsall, of Virginia Lisa Kalajian, of New Jersey William D. Baker, of Texas Kathleen E. Borgess, of Virginia Marjon E. Kamrani, of Ohio Richard C. Blackwood, of Virginia Ariela Borgia, of Virginia Ji Hong Kang, of Virginia Stephanie Elizabeth Boscaino, of Texas Michael D. Boven, of Michigan Katherine A. Keegan, of Virginia Thomas S. Brown, of Washington Benjamin Kirk Bowman, of Colorado Kathryn Kane Keeley, of the District of Co- Christienne Carroll, of California Ryan G. Bradeen, of Maine lumbia Jeffrey John Cary, of the District of Colum- Diedre T. Bradshaw, of Virginia Alishia Kontor, of Virginia bia Katie C. Brasic, of Virginia Marc N. Kroeper, of Virginia Michael G. Cathey, of California Steven Arthur Connett Bremner, of Min- Klaudia G. Krueger, of Florida Perry Yang Chen, of Virginia nesota Corinne M. Kuhar, of Virginia Christina M. Cheshier, of Arizona Mary K. Brezin, of Colorado Tammy L. Lake, of Florida Martha Ann Crunkleton, of Florida Matthew McMahon Briggs, of the District of Kristina Law, of Virginia Christopher P. Curran, of New Hampshire Columbia Pui-Yung Law, of Virginia Roberto Custodio, of Florida Christopher M. Britton, of Maryland Michael A. Leon, of Virginia Gregory D’Alesandro, of Maryland Sarah A. Budds, of South Carolina Steven Howard Lerda, of Virginia Joye L. Davis-Kirchner, of Missouri Evan J. Burns, of Pennsylvania John T. Lewis, of Virginia Anne B. Debevoise, of California John Patrick Callan, of Washington Pierre Antoine Louis, of Florida Jaffar A. Diab, of Massachusetts Joseph Christopher Carnes, of Ohio Mike Lurie, of Virginia Christopher R. Dilworth, of Virginia Melanie Rose Carter, of Illinois Matthew K. Maggard, of Virginia David Joseph Drinkard, of Missouri Christopher P. Casas, of Virginia Andrew J. Malandrino, of Virginia Marialice Burford Eperiam, of Illinois Chris M. Celestino, of the District of Colum- Jeffrey M. Martin, of Rhode Island Jason D. Evans, of Washington bia Leonard Frederick Martin, of Maryland Kathleen Fox, of California Brian M. Charmatz, of Maryland Tracy L. Masuda, of Virginia Kathey-Lee Galvin, of Oregon Christopher A. Chauncey, of Virginia Billy F. McAllister, Jr., of Virginia Corey Matthew Gonzalez, of the District of David R. Chee, of Virginia Bradley Thomas McGuire, of Virginia Columbia Geoffrey Kamen Choy, of Virginia William H. McHenry II, of Virginia Grant S. Guthrie, of California Marjorie Christian, of Virginia Charlotte I. McWilliams, of Texas Anaida K. Haas, of Alaska Heather L. Churchill, of Virginia Candice R. Means, of Virginia

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12361 Henry Wyatt Measells IV, of Virginia The PRESIDING OFFICER. Without history; as an accomplished legislator; Michael A. Middleton, of Virginia objection, it is so ordered. as an author and historian; as a self- Amy J. Mills, of Virginia f made man who reached exalted Kyle G. Mills, of Virginia heights, yet never forgot the coal min- Eric K. Montague, of Virginia REMEMBERING SENATOR ROBERT ers and the families of the mountain Grant Hanley Morrow, of Pennsylvania C. BYRD David Jeffrey Mouritsen, of Utah home community from which he came. Peter D. Mucha, of Virginia Mr. COCHRAN. Mr. President, the I think of him as a teacher, one who Amy P. Mullin, of Virginia Senate has lost its most talented, dedi- began teaching me from the moment I Paul W. Neville, of the District of Columbia cated, and best-informed Member came to the U.S. Senate, and one Albert Francisco Ofrecio, of California about the precedents, rules, and cus- whose lessons I sought right up to the Jung Oh, of Virginia toms of the Senate, when the distin- time he was taken from us this week. Stephanie Nicole Padgett, of Virginia guished President pro tempore, ROBERT Serving as a new Senator in the ma- Benjamin Parsell, of the District of Colum- BYRD, passed away to join his beloved bia jority means, among other things, Vikas C. Paruchuri, of Pennsylvania wife Erma in the heaven he was con- hours spent in this Chamber, presiding Michael Pennell, of Tennessee fident existed for those who were true over the Senate. I was fortunate that Severin J. Perez, of Virginia believers. for many of my early years here, I Robert A. Perls, of New Mexico I had the good fortune to work close- spent much of that time in the Pre- Andrea Lyn Peterson, of the District of Co- ly with ROBERT BYRD as a fellow mem- siding Officer’s chair listening to Sen- lumbia ber of the Appropriations Committee ator BYRD speak on the history of this Charles Saunders Port, of Virginia for 30 years. I served as the ranking mi- body, its traditions and practices, and Kern R. Provencio, of Virginia nority member when he was chairman its historic debt to another great body Michael Joseph Pryor, of California and as chairman when he was the rank- Michael G. Ramsey, of Virginia that played a major role in mankind’s Charles Anthony Raymond, of Virginia ing minority member. I preferred being march toward democratic government, Amy Nicole Reichert, of Colorado chairman. But I thoroughly enjoyed the Roman senate. Anthony S. Ridgeway, of Virginia the opportunities to conduct the hear- I was learning from him two decades Edward Lewis Robinson III, of Maryland ings, schedule the committee markups, later, when Senator BYRD led a small Seth R. Rogers, of South Carolina and negotiate with our House col- group of us who filed a lawsuit and Jared D. Ross, of Maryland leagues to formulate and pass the bills later a legal brief challenging a law we Alison Roth, of Virginia that funded the departments of the ex- believed to be unconstitutional: the Craig Anthony Rychel, of the District of Co- ecutive branch, the judiciary, and the lumbia law granting the President the so- Anne G. Saunders, of Virginia Congress. called line-item veto. He, like I and Tamara L. Scott, of Maryland One of the highlights of my experi- many others, saw this law as bending Timothy James Scovin, of the District of Co- ence with ROBERT BYRD was a trip we the Constitution in ways that usurped lumbia took to several European capitals. He Congress’s constitutional authority Elizabeth Sellen, of the District of Columbia was comfortable discussing our mutual and responsibility. In 1998, the U.S. Su- Michael R. Shaw, of Virginia interests and differences with the lead- preme Court agreed. The majority in Roger Lanier Shields, of Virginia ers of other nations. His mastery of Eu- that case, citing its ‘‘profound impor- Craig M. Singleton, of Florida ropean history and politics was as im- Thomas Michael Slayton, of the District of tance,’’ concluded that the line-item Columbia pressive as his well-informed under- veto ‘‘may or may not be desirable,’’ John Thomas Woodruff Slover, of Colorado standing of American history and poli- but that it was surely not consistent Paulette C. Small, of North Carolina tics. with ‘‘the procedures designed by the Barry Daniel Smith, of Oregon On one leg of our trip, Senator BYRD Framers of article I, section 7 of the Don J. Smith, of Virginia asked my wife Rose to come sit by him. Constitution’’ the so-called present- Jason A. Smith, of Virginia He wanted to dictate something to her. ment clause. Scott M. Smith, of Virginia He started a recitation with names I remember standing next to Senator William Catlett Solley, of Virginia that were not familiar to me, but even- BYRD at a press conference celebrating Michelle Sosa, of California Judith C. Spanberger, of Maryland tually Rose realized that he was recit- that victory for the Constitution, as he Kenneth Sturrock, of Florida ing from memory the names of the pulled out of his pocket the copy of Rudranath Sudama, of Maryland monarchs of Great Britain, the United that great founding document he al- Janel Lynn Sutton, of Colorado Kingdom as we know it, and in the ways carried with him. A copy of the Peter J. Sweeney, of New Jersey order in which each had served Constitution that sits today on my Drew Tanzman, of California throughout the entire history of that desk, in front of me at all times, was Alper A. Tunca, of the District of Columbia great country. It was an unbelievable inscribed to me by Senator ROBERT C. Tommy Vargas, of Virginia performance, reflecting an awesome BYRD. Gareth John Vaughan, of the District of Co- lumbia ability of recall, and a reverential ap- I had hoped to visit with him this Eric Vela, of Virginia preciation of a nation which has been week to again listen and learn. In Feb- Christopher Volpicelli, of Virginia our closest ally in recent history. ruary, Senator BYRD sent all of us, his John Philips Waterman, of Massachusetts ROBERT BYRD was not only my friend Senate colleagues, a letter setting out Mark A. Wilkins, of Virginia but a mentor, an example of dedicated, his position on preserving the ability Christal G. Winford, of Virginia disciplined, and determined leadership. to engage in extended debate in the Joanna K. Wojcik, of Virginia I will miss him, but I will always re- Senate. It was yet another powerful de- Hsueh-Ting Wu, of California member his legacy of seriousness of fense of both the enduring traditions of Heather Louise Yorkston, of Maryland purpose, and his love for the Senate, its the Senate, and the need for thought- f role in the legislative process, its pow- fulness in invoking those traditions. LEGISLATIVE SESSION ers of advise and consent, and its con- Senator BYRD’s letter sparked some The PRESIDING OFFICER. The Sen- tinuity that has helped make our gov- thoughts of my own, and last week, I ate will now resume legislative session. ernment the most respected in the discussed with his staff scheduling a world. meeting with him this week to get his f Mr. LEVIN. Mr. President, I want to take. Once again, I was in need of the MORNING BUSINESS take a few moments today about one of insight and wisdom of Senator ROBERT Mr. CARPER. Mr. President, I ask the best teachers I have ever known: BYRD. unanimous consent that the Senate Senator ROBERT C. BYRD. How I wish he were here today, to proceed to a period of morning busi- The man we lost this week is known continue teaching us. While that was ness, with Senators permitted to speak for many things: as the longest serving not to be, the lessons of Senator BYRD’s therein for up to 10 minutes each. member of Congress in the Nation’s life and long service will endure.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12362 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 His career is a testament to hard Mr. KERRY. Mr. President, the Sen- quirement of 60 votes to cut off de- work and determination. This is a man ate, in its 223-year history, has never bate—ROBERT BYRD cautioned against who spent 10 years in night school had a greater champion than ROBERT amending the rules to facilitate expedi- classes to earn his law degree, who BYRD. West Virginia, in its 147-year tious action by a simple majority. In a when he focused on an issue he did so history, has never had a more powerful letter sent to all of us, he observed with uncommon intensity. We can all advocate or public servant than ROB- that: learn from his commitment and grit. ERT BYRD. The occasional abuse of the rules has been, Like any good teacher, Senator BYRD Like so many Senators elected before at times, a painful side effect of what is oth- never stopped trying to learn. He was a and after me, I learned very quickly erwise the Senate’s greatest purpose—the man of strong convictions who knew how passionate ROBERT BYRD was right to extended, or even unlimited, debate. the value of admitting when he was in about this institution, its roots in the The Senate is the only place in govern- error. He acknowledged that earlier in ment where the rights of a numerical minor- Constitution. As all of us remember, he ity are still protected. his life, he had taken positions and had that dog-eared copy of the Con- He added: held opinions on the subject of civil stitution he carried in the front pocket rights that he later regretted. When he of his suit, and sometimes in the cau- Majorities change with elections. A minor- shared those regrets, he created a pow- ity can be right, and minority views can cer- cus or other times on the floor, he tainly improve legislation. . . . Extended de- erful teachable moment. We can all would pull it out to help reinforce a learn from his willingness to learn and liberations and debate—when employed judi- point he was making, even though we ciously—protect every Senator, and the in- grow to the very end of his life. all knew he could recite the Constitu- terests of their constituency, and are essen- He was tireless in his defense of the tion by memory. But he consulted it tial to the protection of the liberties of a role the Constitution assigns to the often without hesitation. In its words, free people. Congress, and specifically the Senate, he reminded us that he always found ROBERT BYRD also impressed upon us in our democracy. In his letter to us in wisdom, truth, and excitement—the the fact that we did not serve ‘‘under’’ February, he wrote: ‘‘The Senate is the same excitement he felt as a young boy any President; that as a separate but only place in government where the in Wolf Creek Hollow, reading by ker- equal branch of government, we served rights of a numerical minority are so osene lamp about the heroes of the ‘‘with’’ Presidents, acted as a check on protected.’’ He called those protections American Revolution and the birth of the executive’s power. ROBERT BYRD ‘‘essential to the protection of the lib- our Nation. Those words literally guid- was the longest serving Member of erties of a free people.’’ Whether it was Congress’s constitu- ed him through the 58 years he spent in Congress in all of our Nation’s history, tional obligations to render judgments Washington as a Member of the Con- and as such he served with 11 Presi- on matters of war and peace or to exer- gress and as a Senator. dents. It is fair to say that no one knew the At no time in his career was ROBERT cise the power of the purse, Senator Senate—its history, its traditions, and BYRD’s defense of legislative preroga- BYRD was a relentless fighter for the its precedents—better than ROBERT role the Founding Fathers carefully set tives more pronounced and more elo- out for us. He was not defending Senate BYRD. It is all there in the four-volume quent than in arguing against granting authority for its own sake. His passion collection of his speeches on the Sen- the Bush administration’s broad power was not for Senate prerogatives for ate, which we were all privileged to re- to wage preemptive war against Iraq. their own sake, but for the brilliantly ceive from him. He chided the Senate for standing Every freshman Senator got a per- conceived constitutional balance of ‘‘passively mute . . . paralyzed by our sonal crash course on the Senate’s his- powers essential to our freedoms. He own uncertainty,’’ ceding its war pow- tory from ROBERT BYRD himself. I was passionately believed that we must not ers to President Bush. yield one ounce of the authority that one of five Democratic freshmen elect- ROBERT BYRD was, as we all know, a the Constitution entrusts to the peo- ed in 1984. The class of 1984 was privi- lot more than the guardian of the Sen- ples’ elected representatives. We can leged to share some lofty hopes and ate. He was a major figure in the great all learn from the conviction, the dedi- goals. Four of the five of us eventually panorama of American history over cation and the intellectual power he ran for President: Al Gore, Paul Simon, more than half a century. He was a brought to that cause, to the end of TOM HARKIN, and myself. All of us can thinker—thinking and reevaluating making it our cause. Let the mission tell you that we arrived in the Senate more in his eighties and nineties than he so eloquently espoused be our mis- with a thirst for action and an impa- many Senators do in a lifetime. He was sion, though our power to persuade be tience for delay. Then-minority leader an ardent supporter of the Vietnam far less than Senator BYRD’s. ROBERT BYRD didn’t discourage any of war but surprised many with his fierce ROBERT BYRD had many loves—his that. In fact, he encouraged it, and he opposition to President Bush’s invasion late, beloved wife Erma, West Virginia helped all of us with our committee as- of Iraq. He was a protector of West Vir- and its people, his God, and the Con- signments so we could push the list of ginia’s coal industry but came to ac- stitution of the nation he cherished. our policy ideas that we exuberantly cept the mounting scientific data of But the Senate is his special legacy. believed we could and would pass into global warming and took part in find- For more than two centuries we have law. But in meetings with us individ- ing a solution. To do otherwise, he kept our traditions intact: our unique ually, he also helped each of us to see said, would be ‘‘to stick our heads in respect for extended debate and minor- the bigger picture, to impress upon us the sand.’’ ity rights, and for the legislative au- the fact that one of our most impor- ROBERT BYRD cast more than 18,500 thority that the Constitution places in tant responsibilities as Senators was to votes in the Senate—a record that will our hands to exercise and defend. These be caretakers of this institution—an never be equalled. His last vote was traditions are maintained because of institution he regarded as both the June 17 against a Republican proposal Senators like ROBERT BYRD, Senators morning star and the evening star of to prevent the extension of unemploy- who live them and fight for them. I the American constitutional constella- ment benefits. Earlier this year, even learned more about these weighty tion. with his health failing, he cast one of issues from this great teacher than To ROBERT BYRD, the Senate was, as the most historic votes of his career in from anyone or anything in my years he said, ‘‘the last bastion of minority support of legislation to expand health in the Senate. rights, where a minority can be heard, care to all Americans—the life work of ROBERT BYRD is no longer with us, where a minority can stand on its feet, his old and departed friend Ted Ken- teaching us, leading us. But the lessons one individual if necessary, and speak nedy. of ROBERT BYRD’s life and career will until he falls into the dust.’’ Indeed, Whether he voted with you or against endure, guiding all of us now occupying earlier this year, when many of us felt you, it was never hard ideology with these desks, and Senators who will oc- frustration over the Senate’s rules gov- ROBERT BYRD. He had no use for narrow cupy these desks for ages to come. erning filibusters—specifically, the re- partisanship that trades on attack and

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12363 values only victory. I learned that as a in the way that Federal funding helped think what he was able to do for his candidate for President in 2004 when to lift the economy of West Virginia, people in West Virginia, and the coun- Senator BYRD came to my defense after one of the ‘‘rock bottomest of States,’’ try as a whole, will stand the test of opponents aimed religious smears at as he put it. He breathed new life into time, and he will be viewed for many me. I was forever grateful to him for so many communities across that things, not just one. That is the way it doing that. State with funding for highways, hos- should be for all of us. It all began one Sunday when Sen- pitals, universities, research institutes, I had the pleasure of getting to know ator BYRD was home in West Virginia scholarships, and housing—all the time him when I first came to the Senate and found that a brochure had been in- giving people the opportunities that he and I walked into one hell of a fight serted in a church bulletin saying that knew so many West Virginians of his over judges. The Senate was in full bat- if elected President, I would ban the generation never had. ‘‘You take those tle over the filibustering of judges. The Bible. Senator BYRD exploded. ‘‘No one things away, imagine, it would be Senate had gone down a road it had side has the market on Christianity or blank,’’ he once said. never gone down before—an open re- belief in God,’’ said this born-again ROBERT BYRD’s journey was, in many sistance to the judicial nominations of Baptist. Later at a rally in Beckley, he ways, America’s journey. He came of President Bush across the board. The accused my opponents of having ‘‘im- age in an America segregated by race. body was about to explode. There were properly hijacked the issue of faith’’ But like America, he changed, even re- 55 Republicans at the time, and we all and said that the suggestion that I in- penting, and he made amends. Not only believed that what our Democratic col- tended to ban the Bible was ‘‘trash and did he come to regret his segrega- leagues were doing was unprecedented, a lie.’’ tionist past, but he became an ardent unnecessary, and, quite frankly, dan- But Senator BYRD was not done. He advocate of all kinds of civil rights leg- gerous to the judiciary. I am sure they also went to the Senate floor to de- islation, including a national holiday had their view, too, and everybody has nounce this kind of politics: honoring Dr. Martin Luther King. And a reason for what they do around here. Paid henchmen who talk about Democratic in the end, ROBERT BYRD endorsed The Gang of 14—affectionately politicians who are eager to ban the Bible Barack Obama for President. ‘‘I have known by some, and discussed by oth- obviously think that West Virginians are lived with the weight of my own youth- ers—was formed during that major his- gullible, ignorant fools. They must think ful mistakes my whole life, like a mill- torical moment in the Senate. I re- that West Virginians just bounced off the member talking to some observers of turnip truck. But the people of West Virginia stone around my neck,’’ he wrote in are smarter than that. We are not country 2008. ‘‘And I accept that those mistakes the Senate who were telling me that if bumpkins who will swallow whatever gar- will forever be mentioned when people the rules were changed to allow a sim- bage some high-priced political consultant talk about me. I believe I have learned ple majority vote for the confirmation makes up. from those mistakes. I know I’ve tried of judges, that would take the Senate That was ROBERT BYRD telling it the very hard to do so.’’ down a road it had never gone down be- way he thought. That is the expression of a man with fore, and where it would stop, nobody Anytime Senator BYRD spoke, any of a big heart and a big mind. knew. At the same time, there was an- us who had the privilege of serving The moments that define most men’s other constitutional concept that with him remember his speeches were lives are few. Not so with ROBERT meant a lot to me and to others, and filled with as many Bible references as BYRD. He devoted his life to Erma and that is that people deserve a vote when historical references. When the Senator his family and to public service, com- they are nominated by the President. spoke, the Senate kind of came to a piling an extraordinary record of ac- Well, Senator BYRD and 13 other Sen- halt. Senators would lean forward and complishment and service in more than ators—and he was a big leader in this— listen, as they did not necessarily do half a century in Congress. His mastery came up with the compromise called otherwise, and learn. of Senate rules and parliamentary pro- ‘‘extraordinary circumstances.’’ We It is fitting that this teacher in the cedure was legendary. His devotion to agreed that we would not filibuster Senate, this guardian of the Senate, his colleagues and to this institution judges unless there was an extraor- will lie in state in this Chamber on the was unequaled. And his contributions dinary circumstance. We understood floor of the institution he revered and to his State and to the Nation were that elections had consequences. What which also had so much respect for monumental. we had in mind was that we would re- him. He is as much a part of this ROBERT BYRD spent most of his life serve our right to filibuster only if the Chamber in many ways as the historic making sure the Senate remained what person did not meet the qualification desks or galleries or the busts of Sen- the Founding Fathers intended it to be: test. I believe the advise and consent ate presidents. a citadel of law, of order, of liberty, the role of the Senate has to be recognized, He ran for public office 15 times, and anchor of the Republic. And in doing and I respect elections but not a blank he never lost. He was first elected to so, he takes his place among the giants check. So there is always the ability of the West Virginia legislature in 1946 of the Senate, such as Daniel Webster, any Senator here, or a group of Sen- and served three terms in the House of John C. Calhoun and, of course, his and ators, to stand up and to object—one Representatives before his election to our dear friend Ted Kennedy. party versus the other—if you believe the Senate. It is no wonder that he was May ROBERT BYRD rest in peace. the person is not qualified. such a keen observer of politics. Mr. GRAHAM. Mr. President, I rise The second issue we dealt with was I remember when I decided to run in to celebrate the life and career of Sen- that we all reserved unto ourselves the 2004, I went to talk with Senator BYRD. ator ROBERT C. BYRD. I have been in ability to object if we thought the per- His advice, in fact, was among the first the body now since 2002, and Senator son was an activist judge—a political I sought. He advised me to ‘‘go to West BYRD will go down in history as not person who was going to be put on the Virginia,’’ ‘‘get a little coal dust’’ on only the longest serving Senator to bench and the robe used to carry out my hands and face and ‘‘live in spirit date—maybe forever—but also as one the political agenda rather than to in- with the working people.’’ In keeping of the most effective Members of the terpret the law. with his advice, I did just that. What a Senate. The law meant a lot to Senator great experience it was. He was tough. During his prime, they BYRD—the Constitution did. One of my He was deeply proud of West Virginia tell me, there was no tougher opponent cherished possessions is a signed copy and its people. He proudly defended his and no better ally than to have Sen- of the Constitution, given to all the work to invest Federal dollars in his ator BYRD on your side. And when he members of the Gang of 14. That is just State, the kind of spending that some was on the other side, you had a long one example of where very late in life people deride as pork. ROBERT BYRD day ahead of you. he made a huge impact on the Senate. knew it was something else. It was op- He talked about his early life. He is a As history records that moment, I portunity for his people. He took pride human being, like the rest of us. I daresay it is probably one of his finest

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Mr. President, I His family, I know, mourns the loss that has great hope of employment, at come to the floor this afternoon to of their loved one; the people of West least in the musical world. But he went speak on a couple of different subjects. Virginia, their best champion has beyond that. Briefly I wish to say a few words about passed. But we all pass. It is what we Again the lesson Senator BYRD our extraordinary and great colleague leave behind that counts, and I think teaches us all is constant striving. He who has left the Senate and left this he has left a lot behind and something was someone who received his law de- world, but his spirit will be here for both Republicans and Democrats can gree while a member of the Congress, many years to come and his presence be proud of. Even though you disagreed the first and perhaps only person to go will be felt here for decades, if literally with him, as I did on many occasions, to law school while he was also serving not centuries, and the extraordinary I had nothing but respect for the man. the people of West Virginia and the contribution that Senator ROBERT He was a true guardian of the Senate Congress. BYRD of West Virginia has made to the and what it stands for. He wrote what is regarded as the Congress, to the Senate, to our coun- I don’t think we will ever find any- foremost history of the Senate, not try, and to the world. body who loved the institution more only this Senate but also the Roman My colleague, the Senator from than Senator BYRD. He will be missed. Senate. He did that because he was Rhode Island, gave a beautiful tribute But the best way we can honor his committed to finding out about his- a few minutes ago. I was in the Cham- memory is to try to follow in his foot- tory, about life, about human chal- ber and listened to what he said. I wish steps when it comes to making sure the lenges, about great human endeavors, to add that not only did ROBERT BYRD constitutional role of the Senate is ad- and using that knowledge to help oth- rise up through educating himself—in hered to, and that we understand the ers. these days that is almost a foreign con- Senate is not the House, the Senate is He was someone whom we all re- cept to so many people. You go to not the executive branch, the Senate is vered. When I arrived in the Senate, he school, you get a degree—but he did all something special, and let us keep it was gracious and kind and helpful. I of that and more. He read so much. He that way. can always remember he would greet was so curious about so many aspects Mr. REED. Mr. President, I rise to me as ‘‘my captain.’’ He had a deep af- of life, not just politics, not just gov- pay tribute to an extraordinary Sen- fection for those who served, even ernment, but industry, art, and music ator—ROBERT BYRD of West Virginia. someone as myself who did not serve at that literally he was one of the most Chairman BYRD was the longest serv- the same level of distinction as DAN inspirational human beings I have ever ing Senator in the history of this coun- INOUYE, JOHN KERRY, JOHN MCCAIN, and had the pleasure to know or ever read try. He served with extraordinary dis- others. He is someone who helped and about in that sense. tinction not only on behalf of the peo- supported me, and I appreciated very Senator REED said he lifted himself ple of West Virginia but on behalf of all much his kindness. from literally an orphan status in one of us. I also appreciate the passion he of the poorest communities in the The great lesson of his life is that brought in defense of the Constitution world, West Virginia. Parts of it are through constant self-improvement, of the United States and the passion he much like a few parts of our country through constant education, not only brought to ensure the Senate and the that are extraordinarily poor, even by can one rise to great heights but one Congress played its rightful role in the world standards. can also contribute to one’s country deliberations of this government. He came from a very humble, or- and community. He would say quite often that he had phaned beginning with virtually no Senator BYRD was born in very hum- not served under numerous Presidents; chance at anything much, and ended ble circumstances. At his birth, I do he had served with them as a Senator, up, we know, sitting at that desk, not think anyone would have predicted in the legislature, a coequal branch of which is one of the great desks of he would become the longest serving government. He fought not simply for honor in this Chamber. As people who Senator in the history of the United personal prerogatives, he fought for work here know, the longer one is here, States. In fact, tragically, within a principle, that this government would the closer one gets to the center aisle. year of his birth, his mother passed be based on, as our Founding Fathers’ Since he held up the center aisle lit- away, and he went to live with his fa- designed it, the interplay between the erally with his presence every day, one ther’s sister. But in those difficult cir- executive, legislative, and judicial cannot get any more senior than that cumstances in West Virginia, he rose branches. His passion for the Constitu- desk. We look at it now these days and above it through tenacious effort, tion was evident and obvious. are reminded of him. through hard work. He also was passionate in the last few He lifted himself, he lifted his family, Through his life’s path, he had an ex- years about the foreign policy of the but I would say in that earnest curious traordinary companion, the love of his United States. He spoke with eloquence way, he lifted an entire State and an life—Erma. Together they not only had and with passion against our engage- entire Nation. There are not many in- a family but they built a life of service ment in Iraq. He saw it, as now it is be- dividuals who can say that their life to others. I know how dear his dear coming clearer and clearer, as a stra- actually did that. But ROBERT BYRD is Erma was to Senator BYRD. tegic distraction from the true chal- one of them. West Virginia today is Their children, Mona, Marjorie, their lenge, which was to defeat our oppo- lifted so much higher. The children of sons-in-law, their grandchildren, and nents, al-Qaida and their affiliated ter- West Virginia, the families of West their great-grandchildren all at this rorist groups, and to do that to protect Virginia, the communities of West Vir- moment are reflecting on the wonder- this country. ginia literally were lifted by the ful person ROBERT BYRD was, how much He was a remarkable man, born of strength—the spiritual and intellectual he meant to them, and also I hope rec- humble origin, self-educated, unceas- strength—and courage and tenacity of ognizing how much he meant to all of ingly educating himself and always a man for whom there is no peer in this us. In this very difficult moment, I am seeking to better and improve himself. room relative to that, and our Nation sure his memory and his example will I would suspect in his last few days he across decades, through many of the sustain them as it sustains all of us. was still striving to learn more. great trials of this Nation. He lifted Senator BYRD, from these humble I simply close by thanking him for this Nation to a better place and was circumstances through hard work in his service, thanking his family for such a strong man and such a great

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So was a man born into poverty, orphaned fusely for being on the wrong side of he gave us literally billions of dollars. at an early stage in life, and turned history on that issue. He did not make Today, St. Bernard Parish, the city over to relatives to be brought up. He many mistakes such as that. But he of New Orleans, and parishes all in the taught himself how to play the violin was such a great man that he admitted southern part of the State are recov- and attended law school part time at when he did. ering because of one person, Senator night for years, finally getting his law Senator REED recalled that he always BYRD, the chair of the Appropriations degree from the university. He was an called him ‘‘captain,’’ but Senator Committee, who said: We are not going incredible figure in our time. BYRD had a way of referring to each of to leave you at your hour of greatest We feel his absence already. In his us in a special way. He would always need. latest years, he was not fortunate say to me: How are you today, Senator, I will never forget, and my State will enough to have the kind of health he and how is that fine father of yours, never forget, the generosity and the had as a younger man, but he always Moon Landrieu? It would always make courage it took for him to stand with had the respect of everybody who knew me feel so wonderful that he would say us through that difficult time. So I him. he was such a great mayor. How is wanted to, in a small way, add my When we look at his history, if one Moon today and how is Verna? Can you voice to the many tributes that Sen- has time to go to the computer and get imagine a gentleman with so much on ator BYRD has received, and those are a biography that is held in Wikipedia his mind that he would always remem- the most important ones that I wanted and see the more than 30 pages’ worth ber to me the parents I have and that to share today. of his accomplishments and history, it we both admire so much? It was a spe- Mr. LAUTENBERG. Mr. President, was a privilege and an honor for those cial way about him. this is not my regular seat in the Sen- of us who knew him when we look at Finally, when Katrina happened and ate, but I came here to stand near the the positions he held. He had elegance. all of us on the gulf coast were dev- place that Senator ROBERT C. BYRD oc- He had grace. He had resilience. He was astated—frankly, I could not find a cupied. His absence is noted by the tough. He had a meticulous grasp of great deal of comfort at the level of the flowers and the black cloth that covers history. administration that was in power. I his desk. I came out of the computer business. never thought they quite understood There is so much to say about ROB- I used to tease ROBERT C. BYRD. I the depths of the destruction that oc- ERT C. BYRD that to have a serious dis- called him ‘‘my human computer.’’ He curred. It worried me then and it still cussion about who and what he was had so much knowledge that, frankly, I troubles me to this day. But the first would take far more time than we have think it competed very ably with the meeting I had with Senator BYRD, available. He was an unusual man, bril- computers in the early eighties when I when I was trying to explain to him liant, genius, credited with encyclo- came to the Senate. how devastating this situation was— pedic knowledge. When I visited him in his office, he because it wasn’t a hurricane, it was a When I came to the Senate in 1983, I asked me if I knew the history of the flood and the Federal levees had col- was not a young man. I am now an monarchs of the British Empire. I said lapsed—he just sort of put his hand out older man. When I came, I wanted to I did not know much about them. I and said: Senator, have a seat. He said: meet Senator BYRD. I came from the knew the recent one, the sitting mon- I do understand, and I am going to business world. I was chairman and arch at the time. He proceeded for work with you. I am going to help you. CEO of a significant corporation that more than one hour to give me the his- I am going to be here for the people of carried substantial esteem and respect tory of the monarchs of the British Louisiana and the gulf coast as we try for the record compiled by the three of Empire, starting with William the Con- to get this right. us boys from poor working-class fami- queror, 1066, and recalling everybody Mr. President, we were shortchanged lies in Paterson, NJ, an industrial city who was King or Queen of England, of by other Members of Congress and by that had its origins as an industrial the British Empire. He talked about the White House. They never quite un- place at the time of Alexander Ham- how long they served, the precise dates derstood. When the first allocation of ilton. they served, whether they died by the funding was given out, it was just an I was privileged to meet a lot of peo- hand of an assassin, whether they died arbitrary number thrown out that we ple who could be described as lofty and from a disease, whether they died from were going to take $10 billion and help holding positions of importance. When an accident. He knew all of that detail. the gulf coast, but no State could get I went in to Senator BYRD’s office to I was sitting in total bewilderment as more than $5.4 billion. Well, when you introduce myself—I had met him a cou- to how one could capture and remem- looked at the facts at the time, the ple of times before I was elected to the ber so much of that information. numbers were so disproportionate to Senate seat from New Jersey—it was When I asked to be excused because I the injury that Louisiana and our peo- with great awe and respect that I sat in had some other business, he was ready ple had suffered, had you done it on front of this individual who had given to give me the history of the Roman just a disaster basis—which we should so much to our country, who taxed our Senate. He did this not like most of us, have done in calculating it—we should wits and made us think more deeply with notes. He had it in his brain while have gotten $15 billion relative to that about our responsibilities than some- he recalled everything he learned and distribution. times we have. He was a tower of did, the number of votes, where he cast When I brought those numbers to knowledge and strength. them, and on what issue. It was re- Senator BYRD, he said: We are going to I introduced myself to him, and we markable. work on it. And you know what, Mr. had a nice chat for a while. He asked He served at a period of time when President, he did. Unbelievable as it me about my background. I talked we had some of the most remarkable might be to the people in this Cham- about my life and my experiences, people this body has seen. Not to sug- ber, because he was a very powerful which are not anything like the depth gest we do not have talent equal to the chairman of the Appropriations Com- of Senator ROBERT BYRD’s background. stature of some of those who served mittee, he could actually do it, and he I came from a poor family. I served in then. It is worthy of mention that he did. the Army. I received my education at was the majority leader in the Senate I didn’t have to explain that much or Columbia University because I was able from January 1977 to January 1981 and beg that much. I just had to present to use the scholarship that was given again from 1989 to 1989, a relatively

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But he reminded us on a He revered this Senate and the proc- projects in West Virginia, but there constant basis what our commitment ess with which we then operated. We was nothing cynical about his life’s was. are far less committed to process. BOB cause to stamp out poverty in his home It also means, I think in reflection, BYRD insisted we have the time, re- State and in this country. Senator that we should be renewing our com- spect, courtesy, and proper addressing BYRD called bringing Federal dollars mitment, as hard as it is—and it is of individuals, giving it a certain loft- back to his State one of his greatest easy to kind of pontificate here—to iness that we otherwise would not have achievements. He understood that a working together. But let us look at had. new school meant a child would have a what is happening. Let us look at what Nobody knew more about this body better chance for a future. A new sew- has been happening now. I don’t think than ROBERT C. BYRD. He was this age system meant that families might this is an appropriate time to voice Chamber’s protector. He protected the have clean water—unaccustomed as lots of criticism, but when we see how Senate’s rules, the Senate’s integrity, they were in lots of places in his home difficult it is to move positive things and he protected the Senate’s civility. State. A new highway meant that through this institution, it is hard to He taught each and every one of us how farmers and companies could bring understand, because the fundamentals the Senate works—the ins, the outs. It their product and their produce to mar- that ROBERT C. BYRD brought to his is hard to imagine serving a single day ket in hours. work were that we were here to serve without him. He had such respect for I will use the expression that he the public. That was the mission. the management of this country of ‘‘elegantized’’ the beauty of the deeds Rather than standing in the way of ours. of working people and brought meaning permitting things to be considered— We should be inspired by ROBERT C. to the purpose of their lives and their things of value—perhaps we ought to BYRD’s legacy to become more coopera- work. have a BYRD lecture to the Senate-at- tive and more civil in the days ahead. He was a forward-looking man. He, large every now and then and let some- We ought to reflect on those values to- working with all of us, recognized the one who knew him or studied him talk morrow as we view Senator BYRD’s cas- importance of an appropriate infra- about what he brought to the Senate, ket lying in repose in this Chamber structure—the importance of Amtrak, in addition to extraordinary leader- that he loved so dearly. He loved it so of the railroad that serves so many ship; someone who could talk about the much that he reminded all of us from millions of Americans every year. He degree of collegiality that is necessary time to time—he would pick up on a was a voice for stronger rail service, for us to consider things—serious phrase. Someone talked about serving knowing that could get people more re- things—and to get them done. Senator BYRD recently said—and he under President this or that President. liable travel so they would not be said this on a regular basis: He said: Sir, never, never under. We stuck in massive traffic jams when they had to get someplace. It was an The world has changed. But our respon- serve with the President of the United sibilities, our duties as Senators have not States. We never serve under them. We important part of an agenda that he changed. We have a responsibility, a duty to are a body of equal importance. And he had that was so broad. the people to make our country a better knew that from every possible position Years ago, when Amtrak—a favorite place. of responsibility he held. part of my view of what has to happen It would be fitting if in the shadow of What we should do as a Senate is ac- with our infrastructure—was under his passing that we could take a sledge- cept the best that ROBERT C. BYRD siege, we worked side by side to protect hammer to partisan gridlock, put the brought to us, to share the image he America’s premier rail network from unnecessary rancor aside and start brought to all of us and to the stature being defunded. In 2007, when the Am- functioning in a deliberative fashion of this body. trak law I authored was on this floor, once again. ROBERT C. BYRD’s journey in life was we faced a difficult vote to defeat a I thank you, Senator ROBERT C. simply remarkable. He was born into killer amendment. I remember stand- BYRD, for what you gave to us and gave deep poverty, growing up without the ing here as they were counting the to this country. All of it will not be comforts that many of us take for yeas and nays, and Senator BYRD had recognized in these moments. But as granted, such as running water, and occasion to let his simple yes or no history is reviewed, people will remem- setting an example for all Americans of ring out across this place. He put a ber—I hope they do—that even when he what you might be if you make the ef- stamp on that, and that meant that he made a mistake, a serious mistake in fort and you have the dedication to a didn’t like it or he did like it. his early days—when he was not eager higher purpose. He wanted everybody in this place to to support desegregation; that he Although he was high school valedic- remember that he was chairman of the should not have abided with seg- torian at the age of 16, he had to skip Appropriations Committee. He remem- regationists; that this country be- college because he did not have the bered when people voted with him and longed to all the people and no one means to pay for it. He overcame that when they didn’t. He couldn’t stand the should be discriminated against—that obstacle by becoming a self-taught hypocrisy of people who would say: Oh, one can be forgiven with good deeds man and a student of history. How did these earmarks are terrible, and then after some bad ones. And he redeemed he learn to play the violin all by him- they would put in their list. But he himself so nobly, so wonderfully. self, and learn what he did about edu- would remember it. It was not a good So we say, as we have been for these cation and law? thing, to meet with ROBERT C. BYRD’s days, thank you, ROBERT C BYRD. We He served half a century—51 years— disapproval, when you wanted some- loved being with you, and we will miss in the Senate, holding every critical thing; especially after so hypo- you. position, including, as I mentioned, critically voting against something Mr. WEBB. Mr. President, I have not majority leader and minority leader and then wanting that very thing for yet had the opportunity on the floor to and President pro tempore. In that po- your own State. express my regret for the passing of sition he was third in line for the Pres- We have an obligation to honor the Senator ROBERT BYRD and my incred- idency of the United States. legacy of this giant of an individual, ible respect for the service he gave our Still, he never forgot where he came this giant of a Senator, this giant of a country. from and his duty to help everyday public servant, and that means never I was only able to serve with Senator people. He pleaded their case, particu- losing sight of the millions of Ameri- BYRD at the twilight of his career. I

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12367 knew him in my capacities as Assist- Senate, will endure with his lasting im- staff. He has been an integral player in ant Secretary and then Secretary of print upon it. maintaining effective relationships be- the Navy years ago, and I admired him f tween the Marine Corps, my colleagues for many years as an individual of in the Senate, professional committee VOTE EXPLANATION fierce intellect. He was a strong pro- staff, and personal staff members. In ponent of the balance of power, par- Mr. BROWNBACK. Mr. President, I particular, he responded to hundreds of ticularly protective of the powers of regret that on June 28, 2010, I was un- congressional inquiries, ranging from the U.S. Congress as they relate to the able to vote on the confirmation of such sensitive issues as notification of executive branch, which is an area I Gary Scott Feinerman, of Illinois, to combat casualties from the Afghani- have also focused on over the years. be U.S. District Judge for the Northern stan and Iraq campaigns to providing Senator BYRD had great love for the District because my flight from Kansas timely information on the operation, people of Appalachia. He was their City was delayed. I wish to address this organization, and budget of the Marine greatest champion. He was a self-made vote, so that the people of the great Corps. He also planned and executed man in every sense of the word—self- State of Kansas, who elected me to dozens of international congressional made economically, born an orphan, serve them as U.S. Senator, may know delegations. I had the pleasure of trav- and self-made in terms of his own edu- my position. I would have voted in eling on two of these congressional del- cation. favor of this confirmation. egations with Colonel Skuta and was I recall that when I was Secretary of f impressed with his service to the Mem- the Navy, I had the authority to name TRIBUTE TO COLONEL PHILIP C. bers of the Senate. He reflected well on various combatants, and I named a SKUTA his service at numerous Marine Corps submarine the ‘‘USS West Virginia.’’ and joint social events on Capitol Hill. When I made the statement about why Mr. LEAHY. Mr. President, I rise Among others, these events included I named it that, I pointed out that today to recognize COL Phil Skuta, the Marine Corps Birthday Commemo- West Virginia, in every war in the 20th USMC, who will complete his tour of ration, the Joint Services Reception, century, ranked either first or second duty with the U.S. Marine Corps’ Office the Marine Corps Marathon, and sev- in terms of its casualty rate. He was of Legislative Affairs on July 15, 2010. eral Marine Corps seasonal receptions. someone who never forgot the con- In his role as the director of the Marine On behalf of the Senate, I thank tributions of the people of that much- Corps’ Senate Liaison Office, he has Colonel Skuta for his continued service maligned State to the well-being and provided excellent support by ensuring to the Nation and the U.S. Marine greatness of our country. He left his the smooth and timely passage of in- Corps, and I thank his wife Jane for her mark on all of us, and I would be re- formation from the Marine Corps to steadfast support while he fulfilled this miss if I didn’t express my regret in his Senators and their staffs. His sense of essential duty. We in the U.S. Senate, passing. duty and responsibility contributed to and I personally, wish them all the best Mr. WHITEHOUSE. Mr. President, I a successful relationship between the as Phil departs to assume duties as Di- rise today to pay tribute to our de- U.S. Senate and the U.S. Marine Corps. rector of the Marine Corps’ Strategic parted Senate Dean, ROBERT C. BYRD of His dedication to serving the U.S. Sen- Initiatives Group at Headquarters, U.S. West Virginia. Senator BYRD served in ate will be missed. Marine Corps, Washington, DC. this Chamber longer than any Senator A native of Williamsport, PA, Colo- Semper Fi! 1 in history, 50 ⁄2 years. Combined with 6 nel Skuta attended the University of f prior years in the House of Representa- Pittsburgh and received a commission HARRIS V. MCRAE tives, Senator BYRD’s service spanned as a second lieutenant in the U.S. Ma- nearly a quarter of the history of the rine Corps in 1987. His career as a Ma- Mr. HATCH. Mr. President, 30 years Republic, from the Truman administra- rine officer has been varied and admi- ago today, the Supreme Court of the tion to the Obama one, longer than the rable. Prior to his assignment to the United States announced its landmark span of my life. U.S. Senate, he served on the Joint decision in Harris v. McRae, 448 U.S. To serve with Senator BYRD, as was Chiefs of Staff, in the Strategic Plans 297, upholding the constitutionality of my privilege for too short a time, was and Policy Directorate. Before that, he the Hyde amendment, which prohibits to serve with a giant of the Senate, an led 1,200 marines, soldiers, and sailors Federal funding of abortions under the apotheosis of a long-ago age when ora- in combat in Iraq in 2004 as a battalion Medicaid Program. That decision made tory was an art. How fortunate I was to task force commander. Over the past 24 it possible for Congress, by annual en- sit on the Budget Committee several months, his excellent work, leadership actment of the Hyde amendment, to chairs away from the man who wrote of his liaison team, and example of pro- protect American taxpayers from being the Budget Act. I will never forget a fessionalism have served the Senate forced to fund the destruction of inno- Budget Committee hearing last year at well and reflected credit on the U.S. cent preborn human beings. which, with 35 years of hindsight, Sen- Marine Corps. The majority opinion, written by ator BYRD reviewed the very budget Upon his arrival as director of the Justice Potter Stewart, established process that he had designed. On that U.S. Senate Marine Corps Liaison Of- three important principles. First, no February morning, Senator BYRD de- fice, Colonel Skuta assumed and matter what unwritten right to abor- lighted in describing his crafting of the upheld the distinguished standard set tion may be said to exist in our written budget process and its implementation by his predecessors. His approach to re- Constitution, ‘‘it simply does not fol- and evolution over three and a half solving complex issues allowed him to low that a woman’s freedom of choice decades. advise and inform Members and their carries with it a constitutional entitle- Tomorrow, for the first time since staffs of Marine Corps plans, policies, ment to the financial resources to avail 1959 when ROBERT C. BYRD was a 40- programs, and worldwide activities. herself of the full range of protected year-old first-year Senator, a departed Despite the fluidity of legislative proc- choices.’’ Second, the Court accepted in Member of this body will lie in repose ess, Colonel Skuta established and de- full the argument of Solicitor General in its Chamber. The tribute will surely veloped productive working relation- Wade McCree that the Hyde amend- be fitting, as the Senate’s most senior ships through engagement opportuni- ment is rationally related to the inter- Member occupies the floor one final ties. est we all have in preserving nascent time. As liaison officer to the Senate, Colo- human life and encouraging childbirth. The man will be missed, but his leg- nel Skuta represented the Marine Finally, the Court rejected the spu- acy will continue to guide this institu- Corps on all Marine-related matters rious claims of the Hyde amendment’s tion for generations to come, and the and effectively articulated the Marine opponents that the amendment vio- institution to whose principles and Corps’ most difficult and challenging lated the establishment clause of the welfare he dedicated his life, the U.S. legislative initiatives to Members and first amendment because it somehow

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.001 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12368 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 incorporated into federal law the reli- yer Dennis Horan, and AUL staff attor- verance is admirable. I feel the same gious doctrine of the Roman Catholic neys Patrick Trueman and Thomas way about water quality protection in Church. Marzen, were pivotal in framing the the Chesapeake Bay watershed. When In our recent debate over healthcare legal arguments that prevailed in Har- this bill received a hearing in the Envi- reform, we often heard that because ris. They simultaneously represented ronment and Public Works Committee the Hyde amendment is already ‘‘set- intervening defendants in Williams v. in March I expressed my support for tled law,’’ there was no need for spe- Zbaraz, defending an Illinois version of the goals of the Clean Air Act Amend- cific provisions to ban taxpayer sub- the Hyde amendment. In Williams, ments of 2010 and what the bill aims to sidies for abortion through the health named for AUL’s clients Dr. Jasper F. achieve. Because I believe this legisla- insurance exchanges or other features Williams and Dr. Eugene F. Diamond, tion is the right framework to protect of the legislation. That argument, of Professor Rosenblum eloquently ar- public health, I have added my name as course, was wrong. The Hyde amend- gued to the Supreme Court that nei- a cosponsor of this bill. ment affects the appropriations that ther due process nor equal protection The strong limits the legislation sets fund the Departments of Labor and of required government at any level to on mercury emissions is important. Air Health and Human Services. The vast treat abortion on a par with the life- pollution, primarily from powerplants, health care bureaucracy created by giving alternative of childbirth. is the main source of the mercury that this new legislation will exist outside The victories in Harris and Williams contaminates the fisheries of the of those departments. Time will tell remain the most significant pro-life Chesapeake Bay Mid-Atlantic. We have whether those who argued so strongly legal victories of our lifetimes. But, fish consumption advisories through- that the Hyde amendment is settled until the Hyde amendment becomes a out Maryland because of the high lev- and ‘‘good law’’ will nonetheless chal- part of the United States Code rather els of mercury found in fish tissue. lenge it again in the future. than an annual appropriations amend- A large part of my motivation for re- Let’s be honest about a fundamental ment, so that it covers a government storing the Chesapeake Bay is to re- point: change in our health care sys- programs and expenditures, we must store a healthy fishery for Maryland tem provides another opportunity for continue to make the same vigilant ef- watermen to make a sound living on abortion advocates to claim that abor- fort that made the victories in those and for recreational anglers to enjoy. I tion is health care that must be funded cases possible. AUL was a key partner am pleased with the effects this bill by the taxpayers. That claim must be as I and others in Congress fought to would have on the health of our fishery resisted and defeated, just as it was re- put true Hyde-type language in the and the people who rely on healthy fish sisted and defeated in Harris v. McRae. health care legislation. Undaunted at from a healthy bay. Were he still among us, our dear and the loss in Congress, AUL has turned The cap on sulfur dioxide, SO2, levels esteemed colleague Henry Hyde would its attention to the States, helping to in the Clean Air Act Amendments of have reminded our colleagues of this, draft legislation allowing States to 2010 is strong as well. SO2 is a harmful with an eloquence we cannot muster. ‘‘opt-out’’ of coverage for abortion particulate that is a major component The amendment bearing his name, through the insurance exchanges, and of acid rain which does serious damage after all, did not become law by acci- to take other steps to ensure that to plants and trees. States in the Mid- dent; nor did it survive other than by health care reform does not undermine Atlantic and Northeast see the worst of the heroic efforts of Henry Hyde and a the principles of the Hyde amendment. acid rain’s effects on our forests and small cadre of pro-life attorneys who Many of the courageous warriors who croplands. EPA’s acid rain program has persuaded the Department of Justice to first defended those principles three yielded tremendous success and the make the very arguments critical to decades ago have passed from our SO2 reductions that the bill calls for successfully defending the Hyde midst: my friends Henry Hyde and would help us achieve greater SO2 re- amendment in court. Jesse Helms, attorneys Dennis Horan ductions. Henry Hyde was vilified at the time and Tom Marzen, and Dr. Jasper Wil- These important limits on two harm- for his amendment, and for his unwill- liams. Thankfully, some of the young ful air pollutants are very important ingness to yield or compromise on its lawyers who worked with them such as measures to protect the public health principles. Investigators for the plain- Carl Anderson, Robert Destro, and and the environment. tiffs in Harris followed the Congress- Paige Comstock Cunningham, remain Nitrogen Oxide, NOX, is a dangerous man to Mass, and then argued to the active pro-life leaders today. Mean- air pollutant that contributes to haze, Federal district court in Brooklyn that while, the ranks of young lawyers and water nitrification, and ground level his amendment was motivated by his students eager to follow in the foot- ozone during the summer months religion. What a scandal—that a Con- steps of these legal pioneers continues which is extremely dangerous to gressman’s faith would motivate his to grow. That is what trailblazers do, breathe particularly for people who work. they lead the way so that others may suffer from respiratory diseases like Henry, of course, did more than sim- follow and continue the fight. May asthma and emphysema. Maryland, and ply introduce and achieve passage of their efforts be blessed, and this Nation Northeast and Mid-Atlantic States his amendment. That alone would have move swiftly to the day when the lives struggle to achieve attainment of been heroic. But he also entered the of the unborn receive full legal protec- healthy air standards because of NOX litigation challenging his amendment tion. emissions. The Federal Government as an intervening-defendant, joined by f must do what it can to help these former Senator and now-Judge James States achieve healthy air through re- CLEAN AIR ACT AMENDMENTS OF L. Buckley, Senator Jesse Helms, and ductions in NOX. others, to ensure that the amendment 2010 I am committed to working with would receive the most vigorous de- Mr. CARDIN. Mr. President, today I Senators CARPER and ALEXANDER to fense in court. rise to discuss my support for the make the bill achieve the goal of NOX His New York lawyers, Lawrence Clean Air Act Amendments of 2010 and reductions to protect the public health Washburn and Gerald Bodell, were how I plan to continue to work with of citizens of all States including joined by the superb legal team at the sponsors to improve the bill to Maryland. Americans United for Life Legal De- meet health standards for Maryland Maryland’s experience as a downwind fense Fund, a fledgling Chicago-based and the States of the Northeast. State motivated the Maryland legisla- office that suddenly found itself in the First, I want to commend Senator ture and our Governor to take firm and biggest case in its short existence. The CARPER for his years of hard work and decisive action to reduce mercury, SO2 AUL lawyers, including Northwestern dedication to clean air policy issues. I and NOX emissions in the State by im- University law professor Victor G. know these issues are very near and plementing the toughest powerplant Rosenblum, eminent Chicago trial law- dear to Senator CARPER and his perse- emissions law on the east coast. The

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To do so, she cofounded Parents Using 2002 as its emissions baseline, f Reaching Out, a nonprofit organization Maryland’s Healthy Air Act has the that works with parents, caregivers, ADDITIONAL STATEMENTS State well on its way to reducing NOX educators and other professionals to emissions in Maryland by 75 percent by promote healthy, positive and caring experiences for New Mexico families 2012, after already achieving an interim TRIBUTE TO SUSAN BERRY goal of 70 percent reduction target for and children. ∑ Mr. BINGAMAN. Mr. President, my Polly also founded and served as the NOX in 2009. SO2 emissions will be re- duced by 80 percent this year with a hometown of Silver City, NM, is in the executive director of Family Voices, an second phase of controls in 2013 to southwestern corner of our State. It is advocacy group that strives to bolster the county seat, and the largest town both the access and the quality of achieve 85 percent SO2 emission reduc- tions. The Healthy Air Act also sets a for about a hundred miles around. health care for children with special 90 percent reduction in mercury by Right on the edge of the Gila Wilder- needs. In her work for Family Voices, 2013. ness, it has been called by others, not she, more than any other leader in the Maryland’s powerplants quickly met by just me, ‘‘One of the 100 Best Small advocacy world, fought for family-cen- this challenge by immediately install- Towns in America.’’ tered care for children with disabil- ing and operating pollution emission One of the reasons it is so out- ities. Her efforts with officials in New reductions technologies. In less than 3 standing is because of the tireless, Mexico led to many important suc- years Maryland’s State electricity gen- thoughtful work of Susan Berry. For 36 cesses such as establishing the Medi- erators began achieving significant years, she has been involved in historic cally Fragile Children’s Program and the New Mexico High Risk Insurance mercury, SO2 and NOX emissions reduc- preservation work in and around our tions. The Maryland Department of En- town, and throughout the State of New Pool, reducing the school age for chil- vironment tells me that all of our Mexico. An early force of the dren with disabilities, and increasing power generators are either meeting or MainStreet Project in Silver City and a coverage and services for children in are on schedule to meet the near term longtime member of the Design Review Medicaid Programs. Polly was very helpful to my staff targets of Maryland’s Healthy Air Act. Committee, she has done so much so The Clean Air Act Amendments of well, that the New Mexico Historic and me over many years as we worked 2010 supports Maryland’s mercury and Preservation Division recently gave together on major health reform and education issues. She was in contact SO2 reductions goals. Because Mary- her its Lifetime Achievement Award land has taken positive steps to also which she earned during a career of with us monthly and even weekly to inform us of developments in New Mex- reduce NO emissions I must work to preserving the past for the future. X ico and across the Nation and she had ensure that any national standard sup- On Saturday of this week, she will re- a wonderful ability to blend an under- ports Maryland’s healthy air attain- tire after decades of service as director standing of complex policies with the ment limits for NOX as well. of the Silver City Museum. Her accom- Being a downwind State that must plishments in that capacity are too nu- practical needs of New Mexicans. I know she was particularly heartened mitigate or offset pollution that trav- merous to list, but as a result of her vi- by our recent passage of national els in from other States has made it es- sion and skill, that museum has been health care reform. And, I know she pecially challenging for Maryland to be accredited by the American Associa- would agree that we all must continue in attainment with the National Ambi- tion of Museums, one of only thirteen to fight to ensure that the needs of ent Air Quality Standards, NAAQS, for in New Mexico to be so designated. children remain central in our efforts ozone and fine particulate matter by She has helped make Silver City a to forge a more effective and equitable the Federal deadline of 2010. Maryland significant destination for travelers to health care system. is doing its part. the Southwest, and added to the list of I extend my sincere condolences to I mention all of this so that my col- reasons that 10,000 people like to call it Polly’s husband and children, and the leagues understand how important ‘‘home.’’ We are so fortunate that she entire Arango family.∑ strong clean air requirements are to chose to make the town the focus of ∑ Mr. UDALL of New Mexico. Mr. me and to Maryland. I support the goal her considerable ability and vision for President, I rise today to celebrate the ∑ of cleaner air and I think the approach so many years. life—and mourn the loss—of one of New the Clean Air Act Amendments of 2010 f Mexico’s finest public servants. takes is correct. I very much want to REMEMBERING POLLY ARANGO The Land of Enchantment suffered a save lives by cleaning up our air and I tremendous loss last Saturday, when want to work with Senator CARPER, ∑ Mr. BINGAMAN. Mr. President, Polly Arango was involved in a fatal Senator ALEXANDER and the other today I wish to pay tribute to the ex- accident in Alamosa, CO. As a long- sponsors of this bill to make it strong- traordinary life of Polly Arango, who time resident of Algodones, NM, Polly er. Specifically, I want to ensure that died on Saturday, June 26, 2010, in a was one of the most exemplary advo- EPA will review its air quality stand- tragic accident in Alamosa, CO. Her cates for children living with disabil- ards. Should the agency’s analysis of husband, children, grandchildren, fam- ities our State has ever known. During the ozone standard indicate that addi- ily, and friends have lost a very special her time with us, Polly taught us that tional NOX emissions reductions are individual. And New Mexico and the regardless of socioeconOmic status, necessary to protect public health it is Nation lost a tireless advocate for chil- culture, race, religion or health condi- important that the EPA has a congres- dren, particularly those with disabil- tions, our children have inalienable sional mandate to act to strengthen ities. rights that we must fight to protect. the emission reduction requirement on Polly spent her life working on be- Born in Green Bay, WI, Polly moved NOX to address this public health half of the most vulnerable in our soci- to our State in 1962 to attend Univer- threat. ety. Early in her career, she organized sity of New Mexico. After marrying In a matter of days, EPA will issue programs that allowed American fami- John Arango, she began her career as its revised Clean Air Interstate Rule, lies to adopt orphans from Ecuador. an advocate placing Ecuadorian or- CAIR, following the DC Circuit’s deter- She and her husband John later adopt- phans with families in the United mination that CAIR did not adequately ed themselves, providing loving care to States while her husband served as address transport. Later this summer a son who had severe developmental Peace Corps director in Panama and EPA will also propose new National difficulties. Shortly thereafter, Polly Ecuador.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12370 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 A turning point for Polly and John won’t be the same without her. I am North Dakota that recently celebrated came with the adoption of their son blessed to have known her. New Mexico its 100th anniversary. On June 17–20, Nicolas. As Polly learned that Nicolas will miss Polly Arango, but we know 2010, the residents of Elgin gathered to had a severe developmental disability, that her legacy will live on. celebrate their community’s history she began her work securing full edu- As Polly Arango is laid to rest this and founding. cation and access to health care for week, I ask my colleagues to join me in Elgin, a Northern Pacific Railroad children with chronic health condi- honoring this remarkable public serv- town site, was first named Shanley but tions. Nicolas inspired Polly’s work to ant.∑ became Elgin in 1910. The residents open the eyes of school officials, pol- f were having difficulty agreeing on a icymakers, community leaders, friends new name, and Isadore Gintzler is said TRIBUTE TO PETE JOHNSON and neighbors to the challenges facing to have looked at his pocket watch to children with disabilities. Her efforts ∑ Mr. COCHRAN. Mr. President, I am check the time at a very late hour and were not only for Nicolas, but for thou- pleased to commend Pete Johnson of suggested its brand name, Elgin, as a sands of other New Mexican families in Clarksdale, MS, for his service as the compromise name for the town site. need. Federal Co-Chairman of the Delta Re- The post office was established August In 1992, Polly cofounded a national gional Authority. 11, 1910. Elgin was incorporated as a grassroots network called Family The authority was formed in 2001 as a village in 1911. Voices. Today, Family Voices consists Federal-State partnership to enhance Some of the present day businesses of more than 45,000 New Mexican fami- the quality of life of the people of the and accommodations that continue to lies and friends working together to Mississippi River Delta region. Since thrive within the city of Elgin include improve health care for children and its inception, Pete Johnson has led the the Jacobson Memorial Hospital Care youth with special needs. Polly served Delta Regional Authority as the Fed- Center and Clinics, Dakota Hill Hous- as the first executive director and most eral cochairman in its efforts to ad- ing, a dentist, an eye clinic, a cafe and recently served on the board of direc- vance the economic opportunities of bowling alley, a grocery store, a hard- tors. Polly also cofounded Parents the residents of 252 counties and par- ware store, gas stations, a bank, ac- Reaching Out, a statewide network of ishes in parts of 8 States, which make counting offices, a drug store, insur- programs designed to meet the ever up the delta region. ance agencies, a newspaper, the post of- changing needs of New Mexican fami- Pete Johnson has served the 9.5 mil- fice, a lumber yard, a motel, a new pub- lies. Based on her leadership, this orga- lion residents of the region and the lic library, and grain elevators. Citizens of Elgin organized numerous nization continues to connect children Governors of Mississippi, Alabama, activities to celebrate their centennial. and their families to resources that Tennessee, Kentucky, Illinois, Mis- Some of the activities included an will improve their quality of life. souri, Arkansas, and Louisiana, with opening ceremony, historical Power Polly represented families and fam- distinction in his capacity as the Fed- Point presentation, historical bus tour, ily-centered care on many national eral cochairman. musical entertainment, an alumni boards, commissions and international Under Chairman Johnson’s leader- football game, a magician show, and an forums. She was named to the New ship, the Delta Regional Authority has antique parade. established successful Federal grant Mexico Medicaid Advisory Committee I ask the U.S. Senate to join me in programs, as well as the Delta Leader- and served as a member of the New congratulating Elgin, ND, and its resi- Mexico Supreme Court’s Court Im- ship Institute, Healthy Delta, I-Delta, dents on the first 100 years and in wish- provement Project on foster care. She and the Delta Development Highway ing them well through the next cen- also co-authored several books and System, the Delta Doctors Program, tury. By honoring Elgin and all the many articles on health care, foster and a multimodal system for the re- other historic small towns of North Da- children, and families, and she was ex- gion. kota, we keep the great pioneering ecutive producer and writer of a PBS Pete has proven himself to be an ex- frontier spirit alive for future genera- documentary about inclusion titled: emplary and proactive leader, and the tions. It is places such as Elgin that ‘‘What Does Normal Mean?’’ far-reaching effects of his leadership have helped to shape this country into Through her work, Polly displayed a are evidenced by the numerous Delta what it is today, which is why this fine noble commitment to fight for the Regional Authority contributions to community is deserving of our recogni- health and civil rights of all children, the region over the years. The Delta tion. especially disabled children, who often Regional Authority has leveraged lim- Elgin has a proud past and a bright cannot fight for themselves. Polly ac- ited Federal resources with other Fed- future.∑ tively demonstrated one of our great- eral, State, and local investments, re- f est American values: that families can sulting in over $434 million for 510 be the most important caregivers, and projects focused on economic develop- WAKONDA, SOUTH DAKOTA every child deserves a family. ment throughout the eight-state re- ∑ Mr. JOHNSON. Mr. President, today She was survived by her husband, gion. Over $1.5 billion of private funds I wish to pay tribute to the 125th anni- John; her four children—Carlos has also been invested in these versary of Wakonda, SD. The town Arango, Francesca Wilson, Maria projects. calls itself ‘‘The Good Life Town’’ and Arango and Nicolas Arango; her seven In addition, the implementation of I would have to agree. With a strong grandchildren—Sloan Wilson, Conor the Delta Regional Authority Federal sense of community and a welcoming Arango, Gabby Arango, Kellen Wilson, Grant Program has created 5,472 jobs, spirit, Wakonda is a wonderful place to Grace Arango, Lenor Arango and Isabel trained 3,315 individuals for jobs, and call home. Arango; and seven of her eight brothers improved the water and sewer systems Wakonda was founded when the and sisters—Richard Egan, Kevin Egan, for 11,860 families in the area. North Western Railroad expanded its Martha Egan, Kathryn Stout, Patrick In Mississippi, we are very grateful line in northwestern Clay County. Sur- Egan, Michael Egan and Thomas Egan. for the outstanding service of Pete veyors originally planned out the town, In her recent obituary, Polly’s Johnson and his wife Margaret and for calling it Summit, but when negotia- friends and family kindly thanked me the sacrifices they have made to im- tions on land price fell through, the for my role in health care reform and prove the economy and the quality of town was moved southwest. The build- my support for rural health programs. life in the delta region.∑ ing crews stayed on local farms and While I appreciate these sentiments, I f completed their work by the end of the want to thank Polly. I want to thank year. GEN William Beadle is credited her for her invaluable contributions as ELGIN, NORTH DAKOTA with suggesting the name of Wakonda, a mother, friend, and public servant on ∑ Mr. CONRAD. Mr. President, today I a Santee Sioux word meaning ‘‘wonder- behalf of all she touched. Our State wish to recognize a community in ful.’’ The town quickly sprouted, with

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The theatre has also cruited to serve as a Deputy U.S. Mar- to have a great time celebrating. I am taught over 7,000 children about dance shal. He stood 6′2″, weighed 180 pounds, proud to recognize Wakonda on reach- with the help of its talented and caring and could shoot a pistol or rifle accu- ing this milestone and wish them all staff. rately with either hand. He was known the best in their future.∑ For 10 years, the First State Ballet for his toughness, intelligence, and de- f Theatre has stood for excellence in the tective skills, even though he could arts, and has treated its audiences to neither read nor write. FIRST STATE BALLET THEATRE breathtaking and vibrant productions He arrested some of the most dan- ∑ Mr. KAUFMAN. Mr. President, it has that have inspired the people of Dela- gerous criminals of the time, repeat- been an honor to watch the arts blos- ware. The First State Ballet Theatre edly demonstrating honor and integ- som in the State of Delaware. One of has been a great asset to my home rity. He had to stand trial himself and the organizations leading this move- State, and its accomplishments will in- was imprisoned for 5 months on a false ment is the First State Ballet Theatre, evitably continue to bring it success accusation of murder. Following ac- which is celebrating 10 years of dedica- for years to come. Once again, I would quittal, he returned to tracking down tion and excellence in the art of dance. like to congratulate the theatre on and arresting criminals. The late choreographer Martha Gra- reaching this 10-year milestone.∑ Bass served the Federal courts in the ham once said: f Indian Territory for 32 years, from 1875 We look at the dance to impart the sensa- until 1907 when Oklahoma became a tion of living in an affirmation of life, to en- TRIBUTE TO ARKANSAS State. At age 68, he became a member ergize the spectator into keener awareness of PROFESSIONALS of the Muskogee, OK, police depart- the vigor, the mystery, the humor, the vari- ∑ Mrs. LINCOLN. Mr. President, today ment and served until his death from ety, and the wonder of life. This is the func- I recognize three Arkansans who have Brights disease on January 12, 1910. tion of the American dance. been recognized as leaders in their pro- Mr. President, I recognize Deputy Since the founding of the First State fessions. These individuals represent U.S. Marshal Bass Reeves as a real Ballet Theatre in 1999 by Pasha and the best of their fields, and I am proud American hero.∑ Kristina Kambalov, it has been devoted of their accomplishments on behalf of f to exposing Delawareans to dance. our State. Through providing dance training and Bobby J. Brooks has been named the TRIBUTE TO CAPTAIN JOHN B. conducting education outreach, its au- 2009 Driver of the Year by the Arkansas NOWELL, JR. diences have learned much about the Truckers Association. ∑ Mr. MCCAIN. Mr. President, I would history and relevance of the art of Kevin McDaniel, vice president of like to take a moment to recognize the dance. production at O.K. Farms Inc. in Fort extraordinary contributions of Captain The company’s impressive 10-year Smith, received the Poultry Federa- John B. Nowell, Jr., U.S. Navy, to our run has brought a host of classical bal- tion’s 2010 Industry Leader of the Year Nation. Captain Nowell has served with lets, including favorite classics such as Award. exceptional distinction as the director, ‘‘The Nutcracker’’ and ‘‘Swan Lake.’’ Kathy Manis Findley was named as Navy Senate Liaison, a position of The theatre has also been involved in the Nonprofit Executive of the Year for great responsibility, from August 2008 vibrant productions such as ‘‘Carmen,’’ her work at Safe Places in Little Rock. to June 2010. showing the depth and amazing talent I commend these individuals for their Captain Nowell’s service to our coun- present within the troupe. The theatre hard work and dedication, as well as try began with his induction into the hosts a cast of talented dancers, who the work of all Arkansas professionals U.S. Naval Academy in the summer of come long distances to perform who strive to make our State better 1980. Upon his graduation and commis- throughout our State. The ballet com- each and every day.∑ sioning in 1984, he started out on what pany currently has a troupe of 15 tal- f would become a distinguished career as ented resident dancers who star in a a talented and respected surface war- variety of productions. TRIBUTE TO BASS REEVES fare officer—a career that continues The theatre has also attracted an ∑ Mrs. LINCOLN. Mr. President, today today. His naval service has literally outstanding group of master I pay tribute to an American hero, Ar- taken him around the world, as he has choreographers, who have created a di- kansas native Bass Reeves, one of the served on ships from the east coast to verse range of shows. They are led by first African-American U.S. Deputy the west coast, from Africa to Japan, artistic director Pasha Kambalov, Marshals west of the Mississippi River. and all of the oceans and seas in be- school director Kristina Kambalov, and He was one of the most respected tween. assistant artistic director Lev lawmen who served the U.S. District Recognizing the enormous talent and Assaouliak. Between them, these three Court for the Western District of Ar- potential in him, the Navy rewarded have many years of experience in the kansas, which had criminal jurisdic- Captain Nowell with command at sea, art of dance and countless achieve- tion in the Indian Territory, the entrusting him with the leadership of ments, including performing in many present State of Oklahoma. He cap- the guided-missile destroyer USS Por- impressive repertoires, and they were tured more than 3,000 fugitives in his ter and her crew from April 2002 to De- trained professionally in renowned legendary career. Many scholars con- cember 2003. During this time, Captain schools of ballet. In 2006, the sider Bass Reeves to be one of the Nowell was called upon to lead his crew Kambalovs were honored with the Wil- greatest frontier heroes in U.S. his- into combat, surge-deploying for Oper- mington and Wilmingtonian Awards tory. ation Iraqi Freedom into the Fifth and for their outstanding work improving Born into slavery in 1838 in Crawford Sixth Fleet Areas of Responsibility the quality of life in the community. County, AR, and then moved to Texas, where the Porter conducted Tomahawk As Delaware’s only professional Bass fled to Indian Territory during strikes and Theater Ballistic Missile dance company, the First State Ballet the Civil War and lived with the Semi- Defense. The crew of the USS Porter Theatre has strived to help the arts nole and Muscogee (Creek) Indians. earned numerous accolades during Cap- flourish, and by doing so it has drawn Following emancipation, he settled tain Nowell’s command, including the both in-State and out-of-State audi- near Van Buren, AR, to raise horses coveted Battle ‘‘E’’ Award.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12372 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 Captain Nowell’s success as a war- Medicare and CHIP, serve as a safety highest level of our military. They time commander at sea ultimately led net for those who fall through the gaps served as commanding officers of war- to command an entire Destroyer in a system that largely relies on em- ships, combatant commanders, and as Squadron and to assume the role of the ployer-provided or privately purchased the Vice Chairman of the Joint Chiefs maritime force commander for Joint coverage. of Staff. Twenty-four members of this Task Force Lebanon. However, the In 2000, 17 safety net plans, often class achieved flag or general officer most telling vote of confidence in his started by community health centers rank. ability to lead would surely be his se- who were serving uninsured and Med- Since their early years as mid- lection to command the inaugural Afri- icaid patients, came together to form shipmen, they have given of themselves ca Partnership Station deployment, a ACAP. In the ensuing decade ACAP not just on the battlefield but also in multinational force of ships, sub- plans have grown from covering 1 mil- their communities on the home front. marines, aircraft, expeditionary part- lion people in 2000 to 7 million today. Whether volunteering at the Boys Club nership teams, and land-based forces These plans, like Children’s Mercy and Big Brothers programs as mid- charged with building partnership ca- Family Health Partners in my home shipmen, teaching at our nation’s mili- pacity throughout the African con- State of Missouri, remain deeply root- tary colleges or volunteering in their tinent. ed in their communities, serving those community they have generously con- Today, we say goodbye to Captain who need help the most. Over 55,000 of tributed to the support of academics, Nowell after nearly 2 years of extraor- my constituents receive their insur- ethics, character development, and dinary service as the Navy’s lead liai- ance from Children’s Mercy Family leadership of our next generation. son to the U.S. Senate. During this Health Partners as they provide a crit- Even more extraordinary than their time he led 15 congressional and staff ical safety net that makes a difference time in uniform is the amount the delegations to 30 countries, often being in Missouri. members of this class have continued requested by name to facilitate visits I commend the Association for Com- to give back since their military serv- to combat zones and fleet locations for munity Affiliated Plans and its mem- ice ended. This remarkable class has the most senior-ranking delegations. bers for their service to our Nation’s continued to lead by example. They As he departs for his next challenging underserved populations, as well as have worked to educate our children, assignment as the head of surface war- congratulate them on their 10th anni- support defense agencies, and to pro- fare assignments at Naval Personnel versary of supporting the Nation’s non- mote community services. Their ac- Command, I honor him for his service profit Safety Net Health Plans.∑ complishments and achievements have to our country, his inspirational lead- f reached the highest levels of govern- ership, and his irrepressible drive. I ment, industry, science, law, medicine, RECOGNIZING U.S. NAVAL call upon my colleagues to join me in education, and religious vocations. ACADEMY CLASS OF 1970 wishing ‘‘fair winds and following seas’’ Many have continued to fight for our to Captain Nowell, his wife Jo, and his ∑ Ms. MIKULSKI. Mr. President, today freedom in their roles as leaders of cor- children Katherine, Stephen, and John I wish to express our deep gratitude for porations that are vital to our national III, who will be following his father’s the inspirational leadership and out- defense. I admire the spirit of service legacy as a midshipman at the U.S. standing service to our nation by the and dedication to making our country Naval Academy.∑ U.S. Naval Academy class of 1970. It and the world a better place. f has been an honor to support the Naval The U.S. Naval Academy class of 1970 Academy in my capacity as a Senator exemplifies the Navy ethos of ‘‘Honor, ASSOCIATION FOR COMMUNITY from Maryland and as a member of the Courage, and Commitment.’’ These val- AFFILIATED PLANS U.S. Naval Academy Board of Visitors ues have defined their commitment ∑ Mrs. MCCASKILL. Mr. President, a for over 20 years. The Naval Academy and dedication to the United States. few months ago we completed debate has a proud history of developing excel- Like many others before and after on one of the most significant reforms lence in education and personal char- them, they have sacrificed long deploy- of American health care in decades. As acter of our past and present, and con- ments, separation from loved ones, a result of that work we will see over tinues to prepare and train the future tests and trials that most Americans 30 million Americans who haven’t had leaders of our nation. I am so proud of can’t imagine. Some even sacrificed access to health insurance gain that the class of 1970 for exemplifying the their life doing their duty. I know that access. The law that we passed helps high quality standards of the academy. new generations of midshipmen and fu- all Americans, but especially the most The Naval Academy class of 1970 ture Naval and Marine Corps officers vulnerable, gain access to quality, af- started their journey as midshipmen in will be inspired by the rich heritage of fordable health insurance. Today I rise 1966, during the height of the Vietnam service they have passed down to them. to recognize an organization that for 10 war. They volunteered for the job As the U.S. Naval Academy class of years has been similarly working to knowing that after graduation their 1970 gathers to mark forty years of provide care for our Nation’s most vul- roles as Navy and Marine Corps officers service to our nation and to the U.S. nerable citizens. would be during difficult and demand- Navy, Marine Corps, Air Force, Army, The Association for Community Af- ing times for the U.S. military. That it and Naval Academy, it is with great filiated Plans, ACAP, is a national was such a challenging time for our na- pleasure that I offer my gratitude for trade organization representing 51 tion and our military did not deter their service to our country.∑ community-based health plans in 25 them, it made them more determined. f States, together covering over 7 mil- Their service and extraordinary spirit lion people. Its nonprofit Safety Net has enriched and sustained our Nation. TRIBUTE TO MARY A. FRANCIS Health Plan members provide health I come to the floor today to ensure ∑ Ms. MURKOWSKI. Mr. President, coverage through public insurance pro- that their sacrifice and patriotism is today I pay tribute to an Alaskan who grams, primarily Medicaid, Medicare, remembered and celebrated. has devoted most of her adult life to and the Children’s Health Insurance From their graduation day on, the education in Alaska. Dr. Mary A. Program, CHIP, delivering desperately class of 1970 set a very high standard. Francis will retire today, June 30, 2010, needed health services to low-income Their accomplishments and careers are from her positions as the executive di- and vulnerable Americans who would impressive. Members of this class rector of both the Alaska Council of otherwise be uninsured. Coordinating fought valiantly in the Vietnam war, School Administrators and the Asso- with State and local governments, the gulf war and other conflicts during ciation of Alaska School Administra- community groups and health care pro- the last 40 years. They served in the tors. Her leadership, advocacy, encour- viders, ACAP plans, by delivering the air, on land and at sea. Members of the agement, and experience will be services made possible by Medicaid, class of 1970 have served at the very missed.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12373 Mary’s career in education began as hard for the concerns and issues of ists and musical groups who performed an English teacher. Over the course of Alaska’s school administrators.’’ in and around Tuscaloosa and Bir- time, her skills and dedication brought On behalf of the countless educators mingham. His expertise and precision her to different jobs in communities whose lives she has touched, I extend benefitted music and entertainment across Alaska. Her first assignment as my gratitude to Dr. Mary A. Francis throughout Tuscaloosa and Jefferson an administrator was as curriculum di- for her selfless dedication to advancing Counties. rector for the Lower Kuskokwim the cause of education in Alaska and I Cedric also served the Tuscaloosa School District, a district that includes wish her a happy, healthy, and exciting community as a deacon at the First some of Alaska’s most remote villages retirement.∑ Presbyterian Church of Tuscaloosa and along the Kuskokwim River in south- f a volunteer for many music and art-re- west Alaska. Later, as assistant super- lated endeavors and causes. REMEMBERING CEDRIC ERROLL intendent in Fairbanks, she experi- A faithful member of the University FLOWERS, JR. enced life ‘‘in the big city’’—a com- of Alabama family, Cedric never parative term as Alaskan cities go. The ∑ Mr. SHELBY. Mr. President, I wish missed game day play-by-play radio bulk of her career, though, has been to pay tribute to Cedric Erroll Flowers, coverage of the Crimson Tide. I can spent in southeast Alaska, as super- Jr., my dear friend who passed away on only imagine how happy he was to hear intendent in Wrangell, a 12-year tenure May 25, 2010. the sweet sound of the Million Dollar as Petersburg’s superintendent, and Cedric was born and raised in Sumter Band playing ‘‘Yea, Alabama’’ in the most recently 8 years in Juneau serv- County, AL, where he attended Rose Bowl following the Tide’s BCS ing Alaska’s school administrators. Demopolis High School. There, he de- National Championship victory this It was in Petersburg where Mary’s veloped an interest in English lit- past January. competence was recognized on the na- erature and world history, as well as a I was fortunate to have known Cedric tional stage when she was selected by passion for music. He devoted his during his time here, and I mourn his her peers and recognized by the Amer- ample talents to the piano and the passing. He is loved and respected ican Association of School Administra- clarinet, the latter of which he played throughout our community and will be tors as Alaska’s Superintendent of the for the Demopolis High School concert missed by his beloved wife of 47 years, Year in 2000. band. This is remarkable given his fail- Sue, and his daughter, Marcia. I ask At the time of her retirement from ing, and eventual loss of, eyesight. De- the entire Senate to join me in recog- Petersburg, Mary briefly considered spite his blindness, Cedric excelled in nizing and honoring the life of my spending her remaining years playing high school. friend, Cedric Erroll Flowers, Jr.∑ golf and enjoying life. She quickly re- Following graduation from alized that she would be bored stiff and Demopolis High School in 1951, Cedric f accepted the position as executive di- enrolled at the Alabama Institute for RECOGNIZING GERALD PELLETIER rector of the Alaska Council of School the Deaf and Blind where he pursued INC. Administrators in 2002. This is not an his love of music. Without eyes to easy job, as Mary was asked to rep- guide him, Cedric studied and mastered ∑ Ms. SNOWE. Mr. President, this sum- resent the diverse perspectives of su- the art of piano tuning by ear. It was mer, thousands of Mainers and Ameri- perintendents and other central office also at the Alabama Institute for the cans will be drawn to the town of administrators, university professors, Deaf and Blind where he met Sue Akel, Millinocket to enjoy the natural beau- elementary and secondary principals, whom he would later marry in 1962. ty of Maine’s outdoors. This year, how- and school business officials. As execu- After earning his degree from the ever, they will also have the oppor- tive director, Mary was also asked to Alabama Institute for the Deaf and tunity to enjoy the bountiful meals assist these diverse member organiza- Blind, Cedric took his newly acquired provided by the Pelletier family at the tions to accomplish their mission: to skills to Savannah, GA, where he cared Pelletier Loggers Family Restaurant. provide leadership for and promotion of for all the pianos within the Chatham Besides serving up hearty Maine cook- a collective professional voice in set- County and Savannah City Schools. In ing to locals and tourists alike, the ting the educational agenda for Alaska. 1954, he came back to Alabama where Pelletier family performs the hercu- Throughout her tenure, Mary provided he performed this same invaluable lean task of delivering many thousands inspiration, authentic understanding, service for the concert series program of cords of firewood each year to the advocacy, and encouragement to the at my alma mater, the University of people of Maine through their exten- council as a whole as well as to its in- Alabama. sive logging operations. As such, I rise dividual members. In 1964, Cedric opened his own busi- today to honor the Pelletier family and Mary Francis has done this difficult ness, Flowers Piano Company. Known their small business, Gerald Pelletier, job with grace, tact, firmness, and a as the ‘‘People Who Know Pianos,’’ Inc., which has continued to embrace sense of humor for 8 years. Mary noted, Flowers Piano Company began as a the spirit of entrepreneurship by pro- in announcing her resignation, ‘‘There specialty piano retail store and a serv- viding critical jobs to rural Mainers as is never a good time to make a decision ice-based enterprise. For many years, well as serving the people of our State to leave a position. However, ACSA’s Cedric, who was also instrumental in for over 50 years. financial position is sound and with a founding the Tuscaloosa Music Mer- What began as a log hauling oper- working Strategic Plan in place, the chants Association, served as the ex- ation in 1954 by a father that wanted to organization is on solid footing now clusive local dealer of high-end pianos put extra food on the table during the and for the future.’’ in the Tuscaloosa area. As his business winter months, eventually developed ACSA Board President Pete Swanson flourished, Cedric expanded the store’s into a successful logging operation em- remarked, ‘‘Dr. Francis’ resignation inventory to include band instruments ploying family members and dozens of has been accepted with reluctance by and sheet music and offer beginner Mainers alike. Gerald Pelletier Inc., the Board. She will be sorely missed as piano lessons. produces over 200,000 cords of firewood she provides just the right balance of Cedric’s passion for tending to pianos each year, much of which is hauled oversight for our board and the AASA did not cease with the establishment of over the Golden Road, a treacherous board for whom she also serves in the his company. His skills as a Master logging highway cutting through the Executive Director capacity. Her abil- Concert Tuner/Technician served the Maine woods to the Canadian border. ity to advocate for and represent the Piano Technicians Guild and the Na- The company’s logging operation is school administrators of Alaska with tional Association of Music Merchants carried out with the utmost care the Legislature and many statewide well. In fact, while continuing to serve thanks to the training many of the committee forums is considerable. Dr. and provide equipment to the Univer- workers receive through the Certified Francis leaves a legacy of working sity of Alabama, he worked with art- Logging Professionals program, which

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12374 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 trains and certifies loggers in safe, effi- rently, she is attending Bethel Univer- financial regulatory reform, to protect cient, and environmentally sound log- sity, where she is majoring in inter- consumers and investors, to enhance ging practices. The company is also a national relations. She is a hard work- Federal understanding of insurance member of the Sustainable Forestry er who has been dedicated to getting issues, to regulate the over-the-counter Initiative, the Maine Forest Products the most out of her internship experi- derivatives markets, and for other pur- Council, and the Professional Logging ence. poses. Contractors of Maine. Today, with I would like to extend my sincere f brothers Eldon and Rudy Pelletier at thanks and appreciation to Lydia for the helm, Gerald Pelletier Inc. has over all of the fine work she has done and MEASURES PLACED ON THE 100 employees during the frigid winter wish her continued success in the years CALENDAR months that, in addition to logging, to come.∑ The following bill was read the sec- build and maintain roads and bridges f ond time, and placed on the calendar: throughout Maine. MESSAGES FROM THE HOUSE H.R. 5623. An act to amend the Internal Gerald Pelletier Inc. has become a Revenue Code of 1986 to extend the home- very attractive operation thanks in At 10 a.m., a message from the House buyer tax credit for the purchase of a prin- large part to the television show Amer- of Representatives, delivered by Mrs. cipal residence before October 1, 2010, in the ican Loggers, which airs on the Dis- Cole, one of its reading clerks, an- case of a written binding contract entered covery Channel. This popular show has nounced that the House has passed the into with respect to such principal residence catapulted the company into a bright following bill, in which it requests the before May 1, 2010, and for other purposes. spotlight, and thrust the family into a concurrence of the Senate: f form of reality-stardom. Produced by a H.R. 5552. An act to amend the Internal native son of Maine, the show portrays Revenue Code of 1986 to require that the pay- MEASURES READ THE FIRST TIME the struggles and successes of the fam- ment of the manufacturers’ excise tax on The following bill was read the first ily as it continues its work in one of recreational equipment be paid quarterly time: and to provide for the assessment by the Sec- Maine’s most remarkable and historic H.R. 5552. An act to amend the Internal retary of the Treasury of certain criminal industries. Revenue Code of 1986 to require that the pay- restitution. With this newfound nationwide ap- ment of the manufacturers’ excise tax on peal, Gerald Pelletier Inc. was recently ENROLLED JOINT RESOLUTION SIGNED recreational equipment be paid quarterly able to undertake another entrepre- At 10:20 a.m., a message from the and to provide for the assessment by the Sec- neurial endeavor, the Pelletier Loggers House of Representatives, delivered by retary of the Treasury of certain criminal Family Restaurant in Millinocket. Mrs. Cole, one of its reading clerks, an- restitution. Their restaurant serves up hearty nounced that the Speaker has signed f Maine meals prepared from scratch to the following enrolled joint resolution: ENROLLED JOINT RESOLUTION an array of locals and visitors alike. S.J. Res. 33. Joint resolution to provide for Customers can order from a wide vari- the reconsideration and revisions of the pro- PRESENTED ety of creatively titled menu items posed constitution of the United States Vir- The Secretary of the Senate reported like the Moose on the Loose, a 10 oz. gin Islands to correct provisions inconsistent that on today, June 30, 2010, she had filet mignon, or for those interested in with the Constitution and Federal law. presented to the President of the sampling fresh seafood, the Triple The joint resolution was subse- United States the following enrolled Trailer, which is a seafood medley of quently signed by the President pro joint resolution: lobster, scallops and shrimp. tempore (Mr. INOUYE). S.J. Res. 33. Joint resolution to provide for While at the restaurant, customers the reconsideration and revision of the pro- from across the country can also get a At 11:25 a.m., a message from the posed constitution of the United States Vir- true visual taste of the Maine logging House of Representatives, delivered by gin Islands to correct provisions inconsistent experience. In front of the building, a Mrs. Cole, one of its reading clerks, an- with the Constitution and Federal law. tractor trailer truck can be seen burst- nounced that the House has agreed to f ing from the second floor. Inside, var- the following concurrent resolution, ious tools used in the logging trade without amendment: EXECUTIVE AND OTHER adorn the walls, including a rugged S. Con. Res. 65. Concurrent resolution pro- COMMUNICATIONS chainsaw that is stuck through one of viding for the use of the catafalque situated The following communications were the beams. Clearly, the Pelletiers have in the Exhibition Hall of the Capitol Visitor laid before the Senate, together with invested a great deal of effort in pro- Center in connection with memorial services accompanying papers, reports, and doc- to be conducted in the United States Senate viding visitors with a thorough and ful- Chamber for the Honorable Robert C. Byrd, uments, and were referred as indicated: filling traditional experience. late a Senator from the State of West Vir- EC–6467. A communication from the Direc- Truly, Gerald Pelletier Inc. embodies ginia. tor of the Regulatory Review Group, Farm the entrepreneurial spirit that makes Service Agency, Department of Agriculture, America so great. The Pelletier family At 3:44 p.m., a message from the transmitting, pursuant to law, the report of has shown that a small business can House of Representatives, delivered by a rule entitled ‘‘Reimbursement Transpor- succeed through hard work and per- Mrs. Cole, one of its reading clerks, an- tation Cost Payment Program for Geo- sonal sacrifice. I extend my congratu- nounced that the House has agreed to graphically Disadvantaged Farmers and lations to Rudy and Eldon Pelletier, Ranchers’’ (RIN0560–AI08) received in the Of- the following concurrent resolution, in fice of the President of the Senate on June the two coowners, and everyone at Ger- which it requests the concurrence of 25, 2010; to the Committee on Agriculture, ald Pelletier Inc. for their remarkable the Senate: Nutrition, and Forestry. enterprises, and offer my best wishes H. Con. Res. 293. Concurrent resolution EC–6468. A communication from the Chair- for their future success.∑ providing for a conditional adjournment of man and President of the Export-Import f the House of Representatives and a condi- Bank, transmitting, pursuant to law, a re- tional recess or adjournment of the Senate. port relative to transactions involving U.S. TRIBUTE TO LYDIA SAND exports to Ethiopia; to the Committee on ∑ Mr. THUNE. Mr. President, today I At 7:15 p.m., a message from the Banking, Housing, and Urban Affairs. recognize Lydia Sand, an intern in my House of Representatives, delivered by EC–6469. A communication from the Fed- Sioux Falls, SD, office, for all of the Mrs. Cole, one of its reading clerks, an- eral Liaison Officer, Patent and Trademark nounced that the House agrees to the Office, Department of Commerce, transmit- hard work she has done for me, my ting, pursuant to law, the report of a rule en- staff, and the State of South Dakota report of the committee of conference titled ‘‘Correspondence with the United over the past several weeks. on the disagreeing votes of the two States Patent and Trademark Office’’ Lydia is a graduate of Washington Houses on the amendment of the Sen- (RIN0651–AC08) received in the Office of the High School in Sioux Falls, SD. Cur- ate to the bill (H.R. 4173) to provide for President of the Senate on June 28, 2010; to

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12375 the Committee on Commerce, Science, and Treasury, transmitting, pursuant to law, the ment, Pension Benefit Guaranty Corpora- Transportation. report of a rule entitled ‘‘Patient Protection tion, transmitting, pursuant to law, the re- EC–6470. A communication from the Assist- and Affordable Care Act: Preexisting Condi- port of a rule entitled ‘‘Allocation of Assets ant Secretary for Export Administration, tion Exclusions, Lifetime and Annual Lim- in Single-Employer Plans; Benefits Payable Bureau of Industry and Security, Depart- its, Rescissions, and Patient Protections’’ in Terminated Single-Employer Plans; Inter- ment of Commerce, transmitting, pursuant ((TD 9491) (RIN1545–BJ61)) received in the Of- est Assumptions for Valuing and Paying to law, the report of a rule entitled ‘‘Addi- fice of the President of the Senate on June Benefits’’ (29 CFR Parts 4022 and 4044) re- tion and Removal of Certain Persons on the 28, 2010; to the Committee on Finance. ceived in the Office of the President of the Entity List: Addition of Persons Acting Con- EC–6478. A communication from the Acting Senate on June 25, 2010; to the Committee on trary to the National Security or Foreign Deputy Assistant Administrator, Bureau for Health, Education, Labor, and Pensions. Policy Interests of the United States; Re- Legislative and Public Affairs, U.S. Agency EC–6485. A communication from the Assist- moval of Person Based on Removal Request’’ for International Development (USAID), ant General Counsel for Regulations, Office (RIN0694–AE92) received in the Office of the transmitting, pursuant to law, the Agency’s of Safe and Drug-Free Schools, Department President of the Senate on June 24, 2010; to response to the GAO report entitled ‘‘Infor- of Education, transmitting, pursuant to law, the Committee on Commerce, Science, and mation Security: Agencies Need to Imple- the report of a rule entitled ‘‘Carol M. White Transportation. ment Federal Desktop Core Configuration Physical Education Program; Catalog of EC–6471. A communication from the Direc- Requirements’’; to the Committee on For- Federal Domestic Assistance (CFDA) Num- tor of Defense Procurement and Acquisition eign Relations. ber 84.215F’’ received in the Office of the Policy, Department of Defense, transmit- EC–6479. A communication from the Assist- President of the Senate on June 29, 2010; to ting, pursuant to law, the report of a rule en- ant Secretary, Employee Benefits Security the Committee on Health, Education, Labor, titled ‘‘Defense Federal Acquisition Regula- Administration, Department of Labor, trans- and Pensions. tion Supplement; Multiyear Contract Au- mitting, pursuant to law, the report of a rule EC–6486. A communication from the Acting entitled ‘‘Patient Protection and Affordable thority for Electricity from Renewable En- Director of Interpretations and Regulatory Care Act: Preexisting Condition Exclusions, ergy Sources’’ (DFARS Case 2008–D006) re- Affairs Division, Wage and Hour Division, Lifetime and Annual Limits, Rescissions, ceived in the Office of the President of the Department of Labor, transmitting, pursu- and Patient Protections; Interim Final Senate on June 24, 2010; to the Committee on ant to law, the report of a rule entitled Rule’’ (RIN1210–AB43) received in the Office Energy and Natural Resources. ‘‘Child Labor Regulations, Orders and State- of the President of the Senate on June 28, EC–6472. A communication from the Acting ments of Interpretation’’ (RIN1215–AB70 and 2010; to the Committee on Health, Education, Chair of the Federal Subsistence Board, Fish RIN1245–AA00) received in the Office of the Labor, and Pensions. and Wildlife Service, Department of the Inte- President of the Senate on June 30, 2010; to EC–6480. A communication from the Assist- the Committee on Health, Education, Labor, rior, transmitting, pursuant to law, the re- ant General Counsel for Regulatory Services, port of a rule entitled ‘‘Subsistence Manage- and Pensions. Office of Management, Department of Edu- EC–6487. A communication from the Dep- ment Regulations for Public Lands in Alas- cation, transmitting, pursuant to law, the ka—2010–11 and 2011–12 Subsistence Taking of uty Director of Regulations and Policy Man- report of a rule entitled ‘‘Availability of In- agement Staff, Food and Drug Administra- Wildlife Regulations; Subsistence Taking of formation to the Public’’ (RIN1880–AA84) re- Fish on the Yukon River Regulations’’ tion, Department of Health and Human Serv- ceived in the Office of the President of the ices, transmitting, pursuant to law, the re- (RIN1018–AW30) received in the Office of the Senate on June 25, 2010; to the Committee on President of the Senate on June 24, 2010; to port of a rule entitled ‘‘Listing of Color Ad- Health, Education, Labor, and Pensions. ditives Exempt From Certification; Bismuth the Committee on Environment and Public EC–6481. A communication from the Assist- Works. Citrate; Confirmation of Effective Date’’ ant General Counsel for Regulatory Services, (Docket No. FDA–2008–C–0098) received in the EC–6473. A communication from the Chief Office of Special Education and Rehabilita- of the Branch of Listing, Fish and Wildlife Office of the President of the Senate on June tive Services, Department of Education, 30, 2010; to the Committee on Health, Edu- Service, Department of the Interior, trans- transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule cation, Labor, and Pensions. a rule entitled ‘‘National Institute on Dis- EC–6488. A communication from the Sec- entitled ‘‘Endangered and Threatened Wild- ability and Rehabilitation Research retary of the Department of Health and life and Plants; Listing the Flying Earwig (NIDRR)—Disability and Rehabilitation Re- Human Services, transmitting, pursuant to Hawaiian Damselfly and Pacific Hawaiian search Projects and Centers Program—Reha- law, the fiscal year 2009 performance report Damselfly as Endangered Throughout Their bilitation Research and Training Centers to Congress relative to the Animal Generic Ranges’’ (RIN1018–AV47) received in the Of- (RRTCs)—Improved Outcomes for Individ- Drug User Fee Act; to the Committee on fice of the President of the Senate on June uals with Psychiatric Disabilities’’ (CFDA Health, Education, Labor, and Pensions. 24, 2010; to the Committee on Environment No. 84.133B–5) received in the Office of the EC–6489. A communication from the Rail- and Public Works. President of the Senate on June 28, 2010; to road Retirement Board, transmitting, pursu- EC–6474. A communication from the the Committee on Health, Education, Labor, ant to law, the Board’s Annual Railroad Un- Branch Chief, Division of Migratory Bird and Pensions. employment Insurance System Report; to Management, Fish and Wildlife Services, De- EC–6482. A communication from the Dep- the Committee on Health, Education, Labor, partment of the Interior, transmitting, pur- uty Director of Regulations and Policy Man- and Pensions. suant to law, the report of a rule entitled agement Staff, Food and Drug Administra- EC–6490. A communication from the Dep- ‘‘Migratory Bird Permits; Changes in the tion, Department of Health and Human Serv- uty Archivist, Information Security Over- Regulations Governing Migratory Bird Reha- ices, transmitting, pursuant to law, the re- sight Office, National Archives and Records bilitation’’ (RIN1018–AX09) received in the port of a rule entitled ‘‘Dental Devices: Clas- Administration, transmitting, pursuant to Office of the President of the Senate on June sification of Dental Amalgam, Reclassifica- law, the report of a rule entitled ‘‘Classified 24, 2010; to the Committee on Environment tion of Dental Mercury, Designation of Spe- National Security Information’’ (RIN3095– and Public Works. cial Controls for Dental Amalgam, Mercury, AB63) received in the Office of the President EC–6475. A communication from the Chief and Amalgam Alloy; Technical Amend- of the Senate on June 29, 2010; to the Com- of the Publications and Regulations Branch, ments’’ (Docket No. FDA–2008–N–0163) re- mittee on Homeland Security and Govern- Internal Revenue Service, Department of the ceived in the Office of the President of the mental Affairs. Treasury, transmitting, pursuant to law, the Senate on June 25, 2010; to the Committee on EC–6491. A communication from the Direc- report of a rule entitled ‘‘Extended Health, Education, Labor, and Pensions. tor of the Office of Personnel Management, Carryback of Losses to or from a Consoli- EC–6483. A communication from the Pro- transmitting, pursuant to law, the Office’s dated Group’’ ((TD 9490) (RIN1545–BJ12)) re- gram Manager, Office of the Secretary, De- Federal Activities Inventory Reform Act In- ceived in the Office of the President of the partment of Health and Human Services, ventory Summary as of June 30, 2010; to the Senate on June 28, 2010; to the Committee on transmitting, pursuant to law, the report of Committee on Homeland Security and Gov- Finance. a rule entitled ‘‘Interim Final Rules Under ernmental Affairs. EC–6476. A communication from the Chief the Patient Protection and Affordable Care EC–6492. A communication from the Ad- of the Publications and Regulations Branch, Act Regarding Preexisting Condition Exclu- ministrator of the National Aeronautics and Internal Revenue Service, Department of the sions, Lifetime and Annual Limits, Rescis- Space Administration, transmitting, pursu- Treasury, transmitting, pursuant to law, the sions, Prohibition on Discrimination in ant to law, a report relative to the GAO re- report of a rule entitled ‘‘Disaster Relief’’ Favor of the Highly Compensated, and Pa- port entitled ‘‘Information Security: Agen- (Notice No. 2010–48) received in the Office of tient Protections’’ (RIN0991–AB69) received cies Need to Implement Federal Desktop the President of the Senate on June 28, 2010; in the Office of the President of the Senate Core Configuration Requirements (FDCC)’’; to the Committee on Finance. on June 23, 2010; to the Committee on to the Committee on Homeland Security and EC–6477. A communication from the Chief Health, Education, Labor, and Pensions. Governmental Affairs. of the Publications and Regulations Branch, EC–6484. A communication from the Acting EC–6493. A communication from the De- Internal Revenue Service, Department of the Director, Legislative and Regulatory Depart- partment of State, transmitting, pursuant to

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12376 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 law, a report relative to the transfer of de- EC–6503. A communication from the Chair- Office of Policy, Economics, and Innovation, tainees (OSS Control No. 2010–0978); to the man of the Board of Governors of the Federal Environmental Protection Agency, transmit- Committee on the Judiciary. Reserve System, transmitting, pursuant to ting, pursuant to law, the report of a rule en- EC–6494. A communication from the Rules law, a report on the remaining obstacles to titled ‘‘Approval and Promulgation of Air Administrator, Federal Bureau of Prisons, the efficient and timely circulation of $1 Quality Implementation Plans; California; Department of Justice, transmitting, pursu- coins; to the Committee on Banking, Hous- Motor Vehicle Inspection and Maintenance ant to law, the report of a rule entitled ‘‘Ad- ing, and Urban Affairs. Program’’ (FRL No. 9112–8) received in the ministrative Remedy Program: Exception to EC–6504. A communication from the Presi- Office of the President of the Senate on June Initial Filing Procedures’’ (RIN1120–AB59) re- dent and Chief Executive Officer, Federal 29, 2010; to the Committee on Environment ceived in the Office of the President of the Home Loan Bank of Topeka, transmitting, and Public Works. Senate on June 29, 2010; to the Committee on pursuant to law, a report on the Bank’s sys- EC–6512. A communication from the Direc- the Judiciary. tem of internal controls for fiscal year 2009; tor of the Regulatory Management Division, EC–6495. A communication from the Fed- to the Committee on Banking, Housing, and Office of Policy, Economics, and Innovation, eral Liaison Officer, Patent and Trademark Urban Affairs. Environmental Protection Agency, transmit- Office, Department of Commerce, transmit- EC–6505. A communication from the Assist- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- ant Secretary for Export Administration, titled ‘‘Approval and Promulgation of Imple- titled ‘‘Trademark Technical and Con- Bureau of Industry and Security, Depart- mentation Plans; State of Iowa’’ (FRL No. forming Amendments’’ (RIN0651–AC39) re- ment of Commerce, transmitting, pursuant 9170–6) received in the Office of the President ceived in the Office of the President of the to law, the report of a rule entitled ‘‘Addi- of the Senate on June 29, 2010; to the Com- Senate on June 25, 2010; to the Committee on tion of New Export Control Classification mittee on Environment and Public Works. the Judiciary. Number 6A981 Passive Infrasound Sensors to EC–6513. A communication from the Direc- EC–6496. A communication from the Dep- the Commerce Control List of the Export Ad- tor of the Regulatory Management Division, uty General Counsel, Office of Disaster As- ministration Regulations, and Related Office of Policy, Economics, and Innovation, sistance, Small Business Administration, Amendments’’ (RIN0694–AE44) received in Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of the Office of the President of the Senate on ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Disaster Assistance Loan June 30, 2010; to the Committee on Com- titled ‘‘Temporary Suspension of Certain Oil Program’’ (RIN3245–AF98) as received in the merce, Science, and Transportation. Spill Response Time Requirements to Sup- Office of the President of the Senate on June EC–6506. A communication from the Assist- port Deepwater Horizon Oil Spill of National 25, 2010; to the Committee on Small Business ant Secretary of Land and Minerals Manage- Significance (SONS) Response’’ (RIN1625– and Entrepreneurship. ment, Minerals Management Service, De- AB49 and RIN2050–AG63) received in the Of- EC–6497. A communication from the Direc- partment of the Interior, transmitting, pur- fice of the President of the Senate on June tor of the Regulatory Management Division, suant to law, the report of a rule entitled 29, 2010; to the Committee on Environment Office of Policy, Economics, and Innovation, ‘‘Annular Casing Pressure Management for and Public Works. Environmental Protection Agency, transmit- Offshore Wells’’ (RIN1010–AD47) received in EC–6514. A communication from the Direc- ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on tor of the Regulatory Management Division, titled ‘‘1-Naphthaleneacetic Acid; Time-Lim- June 30, 2010; to the Committee on Energy Office of Policy, Economics, and Innovation, ited Tolerance, Technical Correction’’ (FRL and Natural Resources. Environmental Protection Agency, transmit- No. 8831–6) received in the Office of the Presi- EC–6507. A communication from the Direc- ting, pursuant to law, the report of a rule en- dent of the Senate on June 29, 2010; to the tor of the Regulatory Management Division, titled ‘‘Revisions to California State Imple- Committee on Agriculture, Nutrition, and Office of Policy, Economics, and Innovation, mentation Plan, Imperial County Air Pollu- Forestry. Environmental Protection Agency, transmit- tion Control District’’ (FRL No. 9169–2) re- EC–6498. A communication from the Under ting, pursuant to law, the report of a rule en- ceived in the Office of the President of the Secretary of Defense (Comptroller), trans- titled ‘‘Office of Management and Budget Senate on June 30, 2010; to the Committee on mitting, pursuant to law, a report relative to (OMB) Approvals Under the Paperwork Re- Environment and Public Works. two violations of the Antideficiency Act that duction Act; Technical Amendment’’ (FRL EC–6515. A communication from the Direc- occurred within the Department of the Army No. 8833–7) received in the Office of the Presi- tor of the Regulatory Management Division, and was assigned case numbers 06–03 and 07– dent of the Senate on June 29, 2010; to the Office of Policy, Economics, and Innovation, 03; to the Committee on Appropriations. Committee on Environment and Public Environmental Protection Agency, transmit- EC–6499. A communication from the Acting Works. ting, pursuant to law, the report of a rule en- Assistant Secretary, Bureau of Political- EC–6508. A communication from the Direc- titled ‘‘Finding of Attainment for PM10 for Military Affairs, Department of State, trans- tor of the Regulatory Management Division, the Mendenhall Valley PM10 Nonattainment mitting, pursuant to law, an addendum to a Office of Policy, Economics, and Innovation, Area, Alaska’’ (FRL No. 9171–4) received in certification, transmittal number: DDTC 10– Environmental Protection Agency, transmit- the Office of the President of the Senate on 008, of the proposed sale or export of defense ting, pursuant to law, the report of a rule en- June 30, 2010; to the Committee on Environ- articles, including technical data, and de- titled ‘‘National Emission Standards for Haz- ment and Public Works. fense services to a Middle East country re- ardous Air Pollutants From Petroleum Re- f garding any possible affects such a sale fineries’’ (FRL No. 9169–7) received in the Of- might have relating to Israel’s Qualitative fice of the President of the Senate on June EXECUTIVE REPORTS OF Military Edge over military threats to 29, 2010; to the Committee on Environment COMMITTEES Israel; to the Committee on Armed Services. and Public Works. EC–6500. A communication from the Assist- EC–6509. A communication from the Direc- The following executive reports of ant Secretary, Bureau of Political-Military tor of the Regulatory Management Division, committee were submitted: Affairs, Department of State, transmitting, Office of Policy, Economics, and Innovation, By Mr. KERRY, from the Committee on pursuant to law, an addendum to a certifi- Environmental Protection Agency, transmit- Foreign Relations: cation, transmittal number: DDTC 10–056, of ting, pursuant to law, the report of a rule en- [Treaty Doc. 111–1 Tax Convention with the proposed sale or export of defense arti- titled ‘‘National Emission Standards for Haz- Malta with 1 declaration (Ex . Rept. 111–3); cles, including technical data, and defense ardous Air Pollutants for Reciprocating In- and Treaty Doc. 111–3 Protocol Amending services to a Middle East country regarding ternal Combustion Engines’’ (FRL No. 9169– Tax Convention with New Zealand with 1 any possible affects such a sale might have 6) received in the Office of the President of declaration (Ex. Rept. 111–4)] relating to Israel’s Qualitative Military Edge the Senate on June 29, 2010; to the Com- The text of the committee-recommended over military threats to Israel; to the Com- mittee on Environment and Public Works. resolutions of advice and consent to ratifica- mittee on Armed Services. EC–6510. A communication from the Direc- tion are as follows: EC–6501. A communication from the Acting tor of the Regulatory Management Division, Chairman of the Joint Chiefs of Staff, trans- Office of Policy, Economics, and Innovation, 111–1: TAX CONVENTION WITH MALTA mitting, pursuant to law, two reports rel- Environmental Protection Agency, transmit- Resolved (two-thirds of the Senators present ative to terrorist threats to military instal- ting, pursuant to law, the report of a rule en- concurring therein), lations; to the Committee on Armed Serv- titled ‘‘Regulation of Fuels and Fuel Addi- Section 1. Senate Advice and Consent Sub- ices. tives: Modifications to Renewable Fuel ject to a Declaration. EC–6502. A communication from the Acting Standard Program’’ (FRL No. 9169–9) re- The Senate advises and consents to the Under Secretary of Defense (Acquisition, ceived in the Office of the President of the ratification of the Convention Between the Technology and Logistics), transmitting, Senate on June 29, 2010; to the Committee on Government of the United States of America pursuant to law, a report relative to the op- Environment and Public Works. and the Government of Malta for the Avoid- erations of the National Defense Stockpile EC–6511. A communication from the Direc- ance of Double Taxation and the Prevention (NDS); to the Committee on Armed Services. tor of the Regulatory Management Division, of Fiscal Evasion with Respect to Taxes on

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12377 Income, signed on August 8, 2008, at Valletta By Mr. ENSIGN (for himself, Mr. REID, SUBMISSION OF CONCURRENT AND (the ‘‘Convention’’) (Treaty Doc. 111–1), sub- Mr. HATCH, Mr. BEGICH, and Mr. BEN- SENATE RESOLUTIONS ject to the declaration of section 2. NETT): Section 2. Declaration. S. 3552. A bill to require an Air Force study The following concurrent resolutions The advice and consent of the Senate on the threats to, and sustainability of, the and Senate resolutions were read, and under section 1 is subject to the following air test and training range infrastructure; to referred (or acted upon), as indicated: declaration: the Committee on Armed Services. By Mr. GRAHAM (for himself and Mr. The Convention is self-executing. By Ms. STABENOW (for herself, Mr. DEMINT): 111–3: PROTOCOL AMENDING TAX CONVENTION DURBIN, Ms. KLOBUCHAR, Mr. SCHU- S. Res. 575. A resolution congratulating the WITH NEW ZEALAND MER, Mr. LEVIN, Mr. BROWN of Ohio, University of South Carolina baseball team Resolved (two-thirds of the Senators present Mr. FRANKEN, Mr. BURRIS, Mrs. GILLI- for winning the 2010 NCAA Division I Base- concurring therein), BRAND, and Mr. CASEY): ball National Championship; to the Com- Section 1. Senate Advice and Consent Sub- S. 3553. A bill to require the Secretary of mittee on the Judiciary. ject to a Declaration. the Army to study the feasibility of the By Mrs. MURRAY (for herself and Ms. The Senate advises and consents to the hydrological separation of the Great Lakes CANTWELL): ratification of the Protocol Amending the and Mississippi River Basins; to the Com- S. Res. 576. A resolution expressing support Convention between the United States of mittee on Environment and Public Works. for designation of June 30, 2010, as ‘‘National America and New Zealand for the Avoidance By Mr. MENENDEZ: ESIGN Day 2010’’; considered and agreed to. of Double Taxation and the Prevention of S. 3554. A bill to direct the Federal Trade By Ms. MIKULSKI (for herself and Mr. Fiscal Evasion with Respect to Taxes on In- Commission to promulgate rules prohibiting CARDIN): come, signed on December 1, 2008, at Wash- deceptive advertising of abortion services, S. Res. 577. A resolution commemorating ington (the ‘‘Protocol’’) (Treaty Doc. 111–3), and for other purposes; to the Committee on the remarkable life of patriotism, convic- subject to the declaration of section 2. Commerce, Science, and Transportation. tion, and compassion led by Chaplain Henry Section 2. Declaration. By Mr. JOHNSON (for himself and Mr. Vinton Plummer; considered and agreed to. The advice and consent of the Senate THUNE): By Mr. BROWN of Ohio (for himself, Mr. LUGAR, Mrs. LINCOLN, Mr. CHAM- under section 1 is subject to the following S. 3555. A bill to designate the Federal BLISS, Mr. GRASSLEY, Mrs. GILLI- declaration: building and United States courthouse lo- BRAND, Mr. BENNET, Mr. COCHRAN, The Protocol is self-executing. cated at 515 9th Street in Rapid City, South Mr. BAUCUS, and Mr. CASEY): Dakota, as the ‘‘Andrew W. Bogue Federal f S. Res. 578. A resolution designating June Building and United States Courthouse’’; to 2010 as ‘‘Summer Food Service Program EXECUTIVE REPORTS OF the Committee on Environment and Public Awareness Month’’; considered and agreed COMMITTEES Works. to. By Mr. BROWNBACK (for himself and The following executive reports of By Mr. WARNER (for himself, Mr. Mr. BOND): nominations were submitted: WEBB, Mrs. HAGAN, and Mr. BURR): S. 3556. A bill to amend the Internal Rev- S. Con. Res. 66. A concurrent resolution to By Mrs. LINCOLN for the Committee on enue Code of 1986 to allow the work oppor- Agriculture, Nutrition, and Forestry. commemorate the 75th anniversary of the tunity credit to small businesses which hire Blue Ridge Parkway; to the Committee on *Elisabeth Ann Hagen, of Virginia, to be individuals who are members of the Ready Under Secretary of Agriculture for Food Energy and Natural Resources. Reserve or National Guard; to the Com- By Mr. VOINOVICH (for himself and Safety. mittee on Finance. *Sara Louise Faivre-Davis, of Texas, to be Mrs. SHAHEEN): By Mr. DODD (for himself, Mr. DURBIN, S. Con. Res. 67. A concurrent resolution a Member of the Board of Directors of the and Mr. KERRY): Federal Agricultural Mortgage Corporation. celebrating 130 years of United States—Ro- S. 3557. A bill to provide for Kindergarten *Lowell Lee Junkins, of Iowa, to be a Mem- manian diplomatic relations, congratulating Plus programs; to the Committee on Health, ber of the Board of Directors of the Federal the Romanian people on their achievements Education, Labor, and Pensions. Agricultural Mortgage Corporation. as a great nation, and reaffirming the deep By Mr. DODD: *Myles J. Watts, of Montana, to be a Mem- bonds of trust and values between the United ber of the Board of Directors of the Federal S. 3558. A bill to improve the No Child Left States and Romania, a trusted and most val- Agricultural Mortgage Corporation. Behind Act of 2001, and for other purposes; to ued ally; considered and agreed to. the Committee on Health, Education, Labor, *Catherine E. Woteki, of the District of Co- f lumbia, to be Under Secretary of Agriculture and Pensions. for Research, Education, and Economics. By Mr. DODD: ADDITIONAL COSPONSORS By Mr. BAUCUS for the Committee on Fi- S. 3559. A bill to amend the Elementary S. 931 nance. and Secondary Education Act of 1965 to *Francisco J. Sanchez, of Florida, to be strengthen mentoring programs, and for At the request of Mr. FEINGOLD, the Under Secretary of Commerce for Inter- other purposes; to the Committee on Health, name of the Senator from Iowa (Mr. national Trade. Education, Labor, and Pensions. HARKIN) was added as a cosponsor of S. *Richard Sorian, of New York, to be an As- By Mr. SCHUMER (for himself, Mr. 931, a bill to amend title 9 of the United sistant Secretary of Health and Human Serv- MENENDEZ, Mr. LAUTENBERG, and States Code with respect to arbitra- ices. Mrs. GILLIBRAND): tion. S. 3560. A bill to instruct the Secretary of *Nomination was reported with rec- S. 1382 ommendation that it be confirmed sub- State to designate the Pakistani Taliban as a foreign terrorist organization; to the Com- At the request of Mr. DODD, the name ject to the nominee’s commitment to mittee on Foreign Relations. of the Senator from California (Mrs. respond to requests to appear and tes- By Mr. UDALL of New Mexico (for FEINSTEIN) was added as a cosponsor of tify before any duly constituted com- himself and Mr. WHITEHOUSE): S. 1382, a bill to improve and expand mittee of the Senate. S. 3561. A bill to establish centers of excel- the Peace Corps for the 21st century, f lence for green infrastructure, and for other and for other purposes. purposes; to the Committee on Environment S. 1489 INTRODUCTION OF BILLS AND and Public Works. JOINT RESOLUTIONS By Mr. NELSON of Nebraska: At the request of Ms. SNOWE, the name of the Senator from Oregon (Mr. The following bills and joint resolu- S. 3562. A bill to rename the Homestead National Monument of America near Bea- MERKLEY) was added as a cosponsor of tions were introduced, read the first trice, Nebraska, as the Homestead National S. 1489, a bill to amend the Small Busi- and second times by unanimous con- Historical Park; to the Committee on En- ness Act to create parity among small sent, and referred as indicated: ergy and Natural Resources. business contracting programs, and for By Mr. BROWN of Massachusetts: By Mr. MERKLEY (for himself, Mr. other purposes. S. 3551. A bill to provide a fully offset ex- BOND, and Mr. BAYH): S. 1624 tension of emergency unemployment insur- S. 3563. A bill to amend the Small Business ance assistance, enhanced Medicaid FMAP Act to temporarily designate as a HUBZone At the request of Mr. WHITEHOUSE, reimbursements, and summer employment counties that are most affected by a reces- the name of the Senator from Hawaii for youth, and for other purposes; to the sion; to the Committee on Small Business (Mr. INOUYE) was added as a cosponsor Committee on Finance. and Entrepreneurship. of S. 1624, a bill to amend title 11 of the

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12378 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 United States Code, to provide protec- commemoration of the 10th anniver- added as a cosponsor of S. 3497, a bill to tion for medical debt homeowners, to sary of the September 11, 2001, terrorist amend the Outer Continental Shelf restore bankruptcy protections for in- attacks on the United States and the Lands Act to require leases entered dividuals experiencing economic dis- establishment of the National Sep- into under that Act to include a plan tress as caregivers to ill, injured, or tember 11 Memorial & Museum at the that describes the means and timeline disabled family members, and to ex- World Trade Center. for containment and termination of an empt from means testing debtors S. 3062 ongoing discharge of oil, and for other whose financial problems were caused At the request of Mr. CARPER, the purposes. by serious medical problems, and for name of the Senator from Delaware S. 3549 other purposes. (Mr. KAUFMAN) was added as a cospon- At the request of Mr. TESTER, the S. 1674 sor of S. 3062, a bill to extend credits names of the Senator from Delaware At the request of Mr. WYDEN, the related to the production of electricity (Mr. CARPER), the Senator from North name of the Senator from New Jersey from offshore wind, and for other pur- Carolina (Mrs. HAGAN) and the Senator (Mr. LAUTENBERG) was added as a co- poses. from New York (Mrs. GILLIBRAND) were added as cosponsors of S. 3549, a bill to sponsor of S. 1674, a bill to provide for S. 3073 amend the effective date of the gift an exclusion under the Supplemental At the request of Mr. VOINOVICH, the card provisions of the Credit Card Ac- Security Income program and the Med- name of the Senator from New York countability Responsibility and Disclo- icaid program for compensation pro- (Mrs. GILLIBRAND) was added as a co- sure Act of 2009. vided to individuals who participate in sponsor of S. 3073, a bill to amend the S.J. RES. 29 clinical trials for rare diseases or con- Federal Water Pollution Control Act to At the request of Mrs. FEINSTEIN, the ditions. protect and restore the Great Lakes. S. 2747 names of the Senator from Arkansas S. 3122 At the request of Mr. BINGAMAN, the (Mrs. LINCOLN) and the Senator from At the request of Mr. ENSIGN, the New Mexico (Mr. UDALL) were added as name of the Senator from New Jersey name of the Senator from Utah (Mr. (Mr. LAUTENBERG) was added as a co- cosponsors of S.J. Res. 29, a joint reso- HATCH) was added as a cosponsor of S. lution approving the renewal of import sponsor of S. 2747, a bill to amend the 3122, a bill to require the Attorney Land and Water Conservation Fund restrictions contained in the Burmese General of the United States to com- Freedom and Democracy Act of 2003. Act of 1965 to provide consistent and pile, and make publicly available, cer- reliable authority for, and for the fund- S. CON. RES. 63 tain data relating to the Equal Access At the request of Mr. JOHNSON, the ing of, the land and water conservation to Justice Act, and for other purposes. fund to maximize the effectiveness of name of the Senator from Kansas (Mr. the fund for future generations, and for S. 3211 BROWNBACK) was added as a cosponsor other purposes. At the request of Mrs. SHAHEEN, the of S. Con. Res. 63, a concurrent resolu- name of the Senator from Illinois (Mr. S. 2765 tion expressing the sense of Congress BURRIS) was added as a cosponsor of S. that Taiwan should be accorded ob- At the request of Mr. KERRY, the 3211, a bill to amend title XVIII of the name of the Senator from Rhode Island server status in the International Civil Social Security Act to improve access Aviation Organization (ICAO). (Mr. WHITEHOUSE) was added as a co- to diabetes self-management training sponsor of S. 2765, a bill to amend the AMENDMENT NO. 4425 by designating certain certified diabe- Small Business Act to authorize loan At the request of Mr. ROCKEFELLER, tes educators as certified providers for guarantees for health information his name was added as a cosponsor of purposes of outpatient diabetes self- technology. amendment No. 4425 proposed to H.R. management training services under 4213, a bill to amend the Internal Rev- S. 2814 part B of the Medicare Program. enue Code of 1986 to extend certain ex- At the request of Ms. COLLINS, the name of the Senator from North Da- S. 3260 piring provisions, and for other pur- poses. kota (Mr. DORGAN) was added as a co- At the request of Mr. HARKIN, the sponsor of S. 2814, a bill to amend title name of the Senator from New Jersey AMENDMENT NO. 4430 XVIII of the Social Security Act to en- (Mr. LAUTENBERG) was added as a co- At the request of Mrs. BOXER, the sure more timely access to home sponsor of S. 3260, a bill to enhance and name of the Senator from Oregon (Mr. health services for Medicare bene- further research into the prevention MERKLEY) was added as a cosponsor of ficiaries under the Medicare program. and treatment of eating disorders, to amendment No. 4430 intended to be pro- improve access to treatment of eating posed to H.R. 5297, an act to create the S. 2995 disorders, and for other purposes. Small Business Lending Fund Program At the request of Mr. CARPER, the to direct the Secretary of the Treasury name of the Senator from Maryland S. 3320 to make capital investments in eligible (Mr. CARDIN) was added as a cosponsor At the request of Mr. WHITEHOUSE, institutions in order to increase the of S. 2995, a bill to amend the Clean Air the names of the Senator from Min- availability of credit for small busi- Act to establish a national uniform nesota (Ms. KLOBUCHAR) and the Sen- nesses, to amend the Internal Revenue multiple air pollutant regulatory pro- ator from Alaska (Mr. BEGICH) were Code of 1986 to provide tax incentives gram for the electric generating sector. added as cosponsors of S. 3320, a bill to amend the Public Health Service Act for small business job creation, and for S. 2998 other purposes. At the request of Mrs. GILLIBRAND, to provide for a Pancreatic Cancer Ini- the name of the Senator from Con- tiative, and for other purposes. f necticut (Mr. DODD) was added as a co- S. 3462 STATEMENTS ON INTRODUCED sponsor of S. 2998, a bill to temporarily At the request of Mrs. SHAHEEN, the BILLS AND JOINT RESOLUTIONS expand the V nonimmigrant visa cat- name of the Senator from New Jersey By Mr. BROWN of Massachusetts: egory to include Haitians whose peti- (Mr. LAUTENBERG) was added as a co- S. 3551. A bill to provide a fully offset tion for a family-sponsored immigrant sponsor of S. 3462, a bill to provide sub- extension of emergency unemployment visa was approved on or before January poena power to the National Commis- insurance assistance, enhanced Med- 12, 2010. sion on the British Petroleum Oil Spill icaid FMAP reimbursements, and sum- S. 3034 in the Gulf of Mexico, and for other mer employment for youth, and for At the request of Mr. SCHUMER, the purposes. other purposes; to the Committee on name of the Senator from Utah (Mr. S. 3497 Finance. BENNETT) was added as a cosponsor of At the request of Mr. BROWN of Mas- Mr. BROWN of Massachusetts. Mr. S. 3034, a bill to require the Secretary sachusetts, the name of the Senator President, I rise to speak about legisla- of the Treasury to strike medals in from Michigan (Ms. STABENOW) was tion that I have introduced today in

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12379 the Senate. The name of the bill is the As evidenced by what the Banking solve problems. But the thing that is a Fiscally Responsible Relief for Our Committee chairman did—and he is problem is, it needs to be a two-way States Act of 2010. sitting in the Chamber of the Senate— street. Bipartisanship is not just from As you know, over the past week, the they thought about it a little better. the new Senator from Massachusetts. Senate has vigorously debated three They found a way to pay for the finan- It needs to be with the majority party different versions of the extenders bill, cial reform bill. They did better. They looking outside the box, as Senator and we will be debating a version of it thought outside the box. Why can’t we DODD and his team did, to find a real- again today. Even though it is true do the same? istic solution to pay for a lot of these each of these packages contained ex- Today I introduce the Fiscally Re- things the people are requesting, that tensions of programs important to all sponsible Relief for Our States Act of they expect. But they also expect us to of our constituents, especially in these 2010. It provides for an extension of use fiscal sanity and fiscal responsi- tough economic times—such as emer- emergency unemployment benefits bility to do our very best, to get the gency unemployment benefits, which I through November 30, 2010. It also in- job done. It is not only good for Massa- know we are trying to work on again cludes extension of enhanced FMAP re- chusetts, it is good for this Nation. today; increased FMAP reimburse- imbursements for States. But also, as ments; and funding for summer jobs for has been previously discussed, it in- By Mr. DODD (for himself, Mr. the youth throughout America—it is cludes the gradual drawdown of the en- DURBIN, and Mr. KERRY): also true that each of these packages hanced funding because we need to S. 3557. A bill to provide for Kinder- contained billions of dollars of tax in- send a clear message to the State gov- garten Plus programs; to the Com- creases for businesses, and each added ernments that they must get their own mittee on Health, Education, Labor, billions to our record $13 trillion and fiscal houses in order and they cannot and Pensions. rising national debt which our kids and always come to the Federal Govern- grandkids and great-grandchildren will Mr. DODD. Mr. President, I rise ment with a can saying: Please help us. have a difficult time paying back, and today to reintroduce legislation to So we need to ensure that we do the they will have the responsibility to pay jump-start the chances for success of necessary reforms to ensure their fu- it back. low-income children entering school. A lot of what I am proposing today in ture budgetary viability is real and so Today, I am introducing the Sandy this bill, and other bills that we will is that of the Federal Government. Feldman Kindergarten Plus Act of 2010. Last, this proposal I am making pro- probably be discussing, is whether we The Kindergarten Plus Act will pro- vides important summer jobs—obvi- should use our bank account or we vide children below 185 percent of the ously summer is just starting—for the should put it on our credit card. That poverty line with additional time in is all we are talking about. We are not youth in our cities and towns. school during the summers before and The cost of extending these programs talking about the viability of these after the traditional kindergarten is fully paid for through the rescission proposals. Of course we want to help school year to ensure more children of unobligated Federal funds including with summer jobs. Of course we want enter school ready to succeed. stimulus funding as well as cuts in to help people who are hurting with un- other areas. In fact, my legislation re- Too many low-income children enter employment insurance. Of course we school unprepared because they have want to provide FMAP and Medicaid duces the deficit, all of this accom- plished without raising taxes on busi- not had the same resources as their reimbursements to help our struggling more affluent peers. As exhibited by States. But do we use our checking ac- nesses at a time they cannot afford it, or when our economy is just about to the nation’s achievement gap which is count or do we use the credit card? I already well-established prior to kin- am in favor of using the checking ac- recover, putting more and more bur- dens on businesses and individuals in dergarten, it becomes difficult for count by using unallocated stimulus them to ever catch-up. dollars, by finding other monies that the middle of a 2-year recession. Some of these pay-fors are even provisions We must do a better job of preparing are in the so-called slush funds that less fortunate children for school. To haven’t been used in years or are still the majority party has supported in previous bills. do this, we should expose them to available or cutting across the board in classroom practices, introduce them to various entities to come up with the My legislation is an attempt to com- promise, listening to the concerns of so critical educational concepts, and fa- money we need to fund these programs. miliarize them with school activities As I said, no one is disputing the many Americans who have called for us such as story time or circle time. Ulti- value of these very important pro- to extend these programs but also tak- mately, we need to provide them with grams, especially in my home State of ing into consideration not burdening Massachusetts, but throughout the future generations. Some of them are a solid foundation that allows them to country as well. Our economy has sitting right here. It will allow us to enter school with the skills necessary shown signs of slowly recovering, but provide for the needs of our citizens to become strong students. people out of work certainly need some without putting more debt on the cred- Only 39 percent of low-income chil- help to search for new employment it card. Once again, it is the checking dren, compared to about 85 percent of and, as I said, States need help in pro- account versus the credit card. Com- high-income children, can recognize viding funding for some of the most mending Senator DODD for what they letters of the alphabet upon arrival in vulnerable in our population. But we did with the bill we are going to be dis- kindergarten. Moreover, low-income also have to make tough choices, and cussing next week, that is a perfect ex- children often have a more limited vo- we have to live within our means. ample of thinking outside the box and cabulary. By the time they are in first It is clear the American people want finding a way to pay for a lot of these grade, children in low-income families their elected Representatives in Con- things we are trying to do. If we use have on average 5,000 words in their vo- gress to start paying for the initiatives these commonsense steps, we can get cabulary. In contrast, children from and start exercising the type of fiscal our fiscal house in order, and we will more affluent families enter school responsibility as each and every citizen continue to put our country on the with vocabularies of about 20,000 words. in Massachusetts and in America is al- path to recovery. These startling discrepancies should ready doing. They are looking to us for Madam President, I have great re- tell us that more needs to be done to guidance to show a better way. They spect for you and everyone in this help all children enter school with an are challenging us to do it better, to Chamber. I have been in Washington a equal opportunity for success. This leg- look outside the box and pay for things little over 5 months now. I have been islation strives to provide these oppor- with the checking account, not the following you and others—it seems tunities and to lessen the achievement credit card; to not continue to add to that everybody is following my voting gap by giving low-income children the debt, continuously adding to the record. It speaks for itself in that I more support and exposure to quality debt. worked to work across party lines to education.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12380 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 This legislation was named after does not mean repeal. The fundamental must always dedicate our time and re- Sandy Feldman who was a tireless ad- aim of the law was right. Account- sources towards helping students suc- vocate for children and public edu- ability is as important now as it was ceed. Until our laws are moving us to- cation. Her commitment to social jus- when we passed the law. wards that goal, we must continue to tice and her focus on early childhood The two main reforms my legislation reform them. education led her to develop the con- makes are designed to enforce account- I urge my colleagues to join me in cept for this legislation, and it was ability with measures that accurately supporting this important legislation. Sandy who spent countless hours devel- reflect student performance and to en- oping the details to ensure this would courage better teacher performance By Mr. DODD: be a high-quality initiative. without the imposition of mandates S. 3559. A bill to amend the Elemen- This bill is supported by the Amer- that make it harder to ensure that stu- tary and Secondary Education Act of ican Federation of Teachers. I urge my dents are taught by qualified and dedi- 1965 to strengthen mentoring pro- colleagues to join this effort and co- cated educators. grams, and for other purposes; to the sponsor this legislation. I encourage First, my legislation will allow Committee on Health, Education, them to help give low-income children schools to be given credit for per- Labor, and Pensions. a jump-start on school success. . forming well on measures other than Mr. DODD. Mr. President, today I test scores when calculating student rise to introduce the Mentoring Amer- By Mr. DODD: achievement. ica’s Children Act of 2010, which will S. 3558. A bill to improve the No Test scores are important measures help promote positive youth develop- Child Left Behind Act of 2001, and for of what students know. But they are ment for children. other purposes; to the Committee on not the only, or even necessarily the Approximately 17.6 million young Health, Education, Labor, and Pen- best, measures of how much progress a people, which is nearly half the popu- sions. school’s student body has made. Drop- lation between ages 10 and 18, live in Mr. DODD. Mr. President, 9 years ago out rates, participation in advanced situations that put them at risk of not I and many of my colleagues supported placement courses, individual student living up to their potential. Without the No Child Left Behind Act because improvement over time—these are intervention by caring adults, these every American child deserves an edu- metrics that can tell us not just where young people could make choices that cation that opens up opportunities for students are, but how far they have undermine their future as well as the success and prepares him or her for the come. economic and social well-being of our 21st century economy. Unfortunately, current law only al- Nation. Today, because the high hopes we lows these measures to show how Mentoring programs that provide had for this law have not been realized, schools are failing, not to reflect how youth with support, advice, friendship, I rise to reintroduce the No Child Left schools are succeeding. When more positive reinforcement, and construc- Behind Reform Act. kids are taking advanced courses or tive examples have proved to be a pow- The objective of the law we passed fewer are dropping out, a school is erful tool for enhancing positive devel- nearly a decade ago was the right one. doing something right—and it should opment among youth. I, myself, was a Students, parents, teachers, principals, receive credit for doing so. mentor in the Big Brother Program in and other stakeholders all agree that Second, my legislation reforms the Connecticut, and I saw first-hand the educators and schools should be held teacher certification process. impact these programs have on the accountable for the results they are The next student, parent, or, indeed, children involved. Research has found getting on behalf of our children. teacher I meet who does not believe that mentored youth have fewer school But instead of rewarding excellence, educators should be highly qualified absences, better attitudes towards No Child Left Behind has turned out to will be the first. But under the current school, less drug and alcohol abuse, be a law that punishes our schools, fur- law, ‘‘highly qualified’’ is poorly de- fewer incidents of hitting, better rela- ther straining those that already were fined. tionships with their parents, and more in need of help. At times, the law has For instance, a high school science positive attitudes towards helping oth- been implemented rigidly and with lit- teacher could be required to hold de- ers. Mentored youth are also more like- tle regard for what is actually going on grees in biology, physics, and chem- ly to graduate from high school and go in schools. The previous administra- istry to be considered highly qualified. on to higher education. Thus, men- tion’s repeated failure to live up to In small schools where there may be toring invests not only in the indi- funding promises has robbed our efforts only one 7th or 8th grade teacher vidual child, but our Nation’s future to improve our education system of the teaching all subjects, these teachers success. However, approximately 14.6 resources that would make success pos- could similarly be required to hold de- million young people are in need of sible. grees in every subject area. mentors; they are part of what we call We can have accountability without The result is a shortage of teachers our nation’s ‘‘mentoring gap.’’ a regime of draconian punishments for and a surplus of confusion. The Mentoring America’s Children schools that fall behind. What we can- My bill will allow states to create a Act of 2010 amends the Elementary and not have is an inflexible and unfunded single assessment covering multiple Secondary Education Act of 1965 ESEA, mandate that fails school districts, subjects for middle school teachers and in order to strengthen the mentoring teachers, and, worst of all, the very allow states to issue a broad certifi- program is several ways. First, it will students whose futures are at stake. cation for science and social studies. update the purpose of the program to Although the legislation I am intro- No Child Left Behind was supposed to include character education and school ducing today does not deal with the challenge our schools to do better. In- connectedness, which has been found to issue of funding, I do want to note that stead, it has become an obstacle to reduce school absentee rates and im- it simply will not work if we treat edu- progress, a struggle that often dis- prove academic performance. This bill cation as anything less than an urgent tracts from the business of education. broadens the scope of mentoring to in- budget priority. This administration As we reauthorize the law—and we clude special populations such as indig- has made a solid commitment to edu- should—we must reform it so that it enous youth, delinquent and neglected cation funding, and I was pleased to see encourages students, educators, and populations, and programs targeting that commitment bear fruit in the school administrators to do better in- middle and high school migrant youth. form of funding through the Recovery stead of punishing them when they fall All of these special populations are at Act. behind. increased risk of not reaching their po- I am also heartened to see that the Every American child deserves to be tential. administration supports comprehensive taught by a great teacher in a great The Mentoring America’s Children reform of No Child Left Behind. Reform school. Until we reach that goal, we Act of 2010 also provides training and

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12381 technical assistance to grantees, who made winning the national champion- As we go into the holiday season— tracks student outcomes, and improves ship possible; the July 4th holiday is right around the sustainability of grant recipients. (3) congratulates the citizens of South the corner—let’s remember what it is Finally, it strengthens the research re- Carolina, the University of South Carolina, all about: the birth of our Nation. I lated to school-based mentoring to help and Carolina Gamecock fans everywhere; and (4) requests that the Secretary of the Sen- will be going to Afghanistan and Iraq, inform future mentoring programs in ate submit an enrolled copy of this resolu- having the Fourth of July celebration order to best meet the needs of our tion to— with our troops. I ask every American youth. (A) Dr. Harris Pastides, President of the to keep them in their prayers because Mentoring plays a key role in im- University of South Carolina; what we are going to do on the Fourth proving the lives of youth, especially (B) Eric Hyman, Director of Athletics at of July, being with our family and those from disadvantaged backgrounds. the University of South Carolina; and friends, is only made possible because It is critical that we invest in our (C) Ray Tanner, Head Coach of the Univer- of their sacrifice. sity of South Carolina baseball team. youth and help provide them with the Mr. President, I wish you and your opportunities to reach their potential. Mr. GRAHAM. Mr. President, I rise family a great holiday. Thus, I urge my colleagues to join me to celebrate tonight that last night the in supporting the Mentoring America’s University of South Carolina won the f Children Act of 2010. Together we can College World Series. I never thought I SENATE RESOLUTION 576—EX- invest in the lives of our youth and im- would live long enough to hear myself PRESSING SUPPORT FOR DES- prove the future of our nation. say that. IGNATION OF JUNE 30, 2010, AS f I have been a Gamecocks fan since ‘‘NATIONAL ESIGN DAY 2010’’ high school. I went to the University of Mrs. MURRAY (for herself and Ms. SUBMITTED RESOLUTIONS South Carolina, and there is no group CANTWELL) submitted the following of people who loves sports and their resolution; which was considered and SENATE RESOLUTION 575—CON- university more than the University of agreed to: South Carolina, but we have been a GRATULATING THE UNIVERSITY S. RES. 576 long-suffering group. OF SOUTH CAROLINA BASEBALL Whereas the Electronic Signatures in Glob- TEAM FOR WINNING THE 2010 We have been waiting for next year every year I can remember, and we al and National Commerce Act (ESIGN) (15 NCAA DIVISION I BASEBALL NA- U.S.C. 7001 et seq.) was enacted on June 30, have knocked on the door and the door TIONAL CHAMPIONSHIP 2000, to ensure that a signature, contract, or has never opened. But this group of Mr. GRAHAM (for himself and Mr. other record relating to a transaction may young men and Coach Tanner of the not be denied legal effect, validity, or en- DEMINT) submitted the following reso- University of South Carolina baseball forceability solely because the signature, lution; which was referred to the Com- team were down and out, one strike contract, or other record is in electronic mittee on the Judiciary: away from elimination, lost the first form; S. RES. 575 game, and made it all the way through Whereas in that Act, Congress directed the Whereas on June 29, 2010, the University of to beat great teams such as Clemson. Secretary of Commerce to take all actions South Carolina Gamecocks won the 2010 Last night’s game, if you watched it— necessary to eliminate or reduce, to the maximum extent possible, the impediments NCAA College World Series with a 2-to-1 vic- it was over about 12:30—was a nail- tory over the University of California, Los to commerce in electronic signatures, for the Angeles Bruins at Johnny Rosenblatt Sta- biter. It was probably the best example purpose of facilitating the development of dium in Omaha, Nebraska; of college baseball I have ever seen, interstate and foreign commerce; and Whereas the University of South Carolina amateur athletics. And what a fitting Whereas June 30, 2010, marks the 10th anni- baseball team has secured the University’s tribute to Rosenblatt Stadium for that versary of the enactment of ESIGN and first national championship in men’s ath- to be the last game. It was a well- would be an appropriate date to designate as letics since the founding of the institution in played game. To the opponents at ‘‘National ESIGN Day 2010’’: Now, therefore, 1801; UCLA, I know your heart was broken, be it Whereas the University of South Carolina but you acquitted yourself well. Resolved, That the Senate— baseball team won six straight games to win I rise on behalf of the University of (1) supports the designation of a ‘‘National the national championship in the ninth ap- ESIGN Day 2010’’; pearance of the team at the College World South Carolina, my alma mater, and (2) recognizes the contribution made by Series; the State of South Carolina to let peo- Congress in the Electronic Signatures in Whereas the University of South Carolina ple in South Carolina and throughout Global and National Commerce Act (ESIGN) Gamecocks won the final College World Se- the country know that we finally did (15 U.S.C. 7001 et seq.) to the adoption of ries hosted at the historic Johnny it, that this group of young men modern solutions that keep the United Rosenblatt Stadium, which has hosted the pitched incredibly well, had timely States on the leading technological edge; College World Series since 1950; hits, and never gave up. It was about a and Whereas Head Coach Ray Tanner has won lot more than baseball to the people in (3) reaffirms the commitment of the Sen- his first national title as Head Coach in his ate to facilitating interstate and foreign fourteenth season at the University of South South Carolina. To those who have commerce in an increasingly digital world. been following Gamecock sports, there Carolina; f Whereas outfielder Jackie Bradley, Jr. was is the legend of the chicken curse, that named Most Outstanding Player of the 2010 our mascot is a gamecock fighting SENATE RESOLUTION 577—COM- College World Series; chicken and we have been cursed be- MEMORATING THE REMARKABLE Whereas first baseman Christian Walker, cause of that. I am here to tell you on LIFE OF PATRIOTISM, CONVIC- outfielder Jackie Bradley, Jr., outfielder the Senate floor tonight that the TION, AND COMPASSION LED BY Evan Marzilli, and designated hitter Brady CHAPLAIN HENRY VINTON PLUM- Thomas were named to the 2010 College chicken curse is over. Long live the World Series All-Tournament Team; Gamecock Nation. MER Whereas the State of South Carolina was To my friends at Clemson—I live 5 Ms. MIKULSKI (for herself and Mr. proud to send two home teams, the Univer- miles away from the baseball stadium CARDIN) submitted the following reso- sity of South Carolina and Clemson Univer- at Clemson University—your day is lution; which was considered and sity, to the 2010 College World Series; and coming. It won’t be long before I will agreed to: Whereas the University of South Carolina be able to take this floor and celebrate S. RES. 577 Gamecocks baseball team is the 2010 Na- Clemson University’s winning of the tional Champion: Now, therefore, be it Whereas Henry Vinton Plummer was born Resolved, That the Senate— College World Series. into slavery on July 31, 1844, in Prince (1) commends that University of South Upon the passing of ROBERT C. BYRD, George’s County, Maryland and escaped from Carolina Gamecocks for winning the 2010 this body and this country has lost a slavery to serve honorably in the U.S. Navy NCAA College World Series; great public servant. during the Civil War; (2) recognizes the achievement and dedica- To the people of South Carolina, we Whereas Henry Plummer was assigned in tion of all players, coaches, and support staff have something to be proud of. 1864 to the Union gunboat U.S.S. Coeur de

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12382 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 Lion, which engaged numerous Confederate SENATE RESOLUTION 578—DESIG- Byrd, Secretary of the Interior Harold Ickes ships trying to run Union blockades in the NATING JUNE 2010 AS ‘‘SUMMER approved construction of the new highway to Chesapeake Bay and its tributaries during FOOD SERVICE PROGRAM connect the Great Smoky Mountains Na- the Civil War; AWARENESS MONTH’’ tional Park with the Shenandoah National Whereas after being honorably discharged Park; from the Navy in 1865, Henry Plummer stud- Mr. BROWN of Ohio (for himself, Mr. Whereas on September 11, 1935, construc- ied to become a minister, and felt called to LUGAR, Mrs. LINCOLN, Mr. CHAMBLISS, tion began on the first 12.5 mile section of serve again in the United States military; Mr. GRASSLEY, Mrs. GILLIBRAND, Mr. the Blue Ridge Parkway near Cumberland Whereas in 1866, the 39th Congress passed BENNET, Mr. COCHRAN, Mr. BAUCUS, and Knob in North Carolina; legislation to establish African-American Mr. CASEY) submitted the following Whereas Stanley L. Abbott is widely re- military units and stipulated that a chaplain resolution; which was considered and membered as the ‘‘father of the Blue Ridge be assigned to each regiment; agreed to: Parkway’’ for his work to oversee planning Whereas in July 1884, Henry Plummer was S. RES. 578 of the project; appointed the first African-American chap- Whereas the Summer Food Service Pro- Whereas the Blue Ridge Parkway was es- lain in the United States Regular Army with gram provides healthy, nutritious meals to tablished by Congress as a unit of the Na- a military rank equivalent of Captain; an average 2,900,000 children each weekday tional Park Service on June 30, 1936; Whereas Chaplain Plummer served for during the summer; Whereas the National Park Service devel- more than 10 years with the Ninth Cavalry Whereas there are 34,700 feeding sites in opment program, ‘‘Mission 66’’, oversaw the and was stationed at Army forts in Kansas, low-income neighborhoods located at completion of most remaining gaps along the Wyoming, and Nebraska; churches, schools, parks, recreation centers, Blue Ridge Parkway during the 1950s and Whereas during his time in uniform, Chap- and summer camps in all 50 States; 1960s; lain Plummer worked to improve education Whereas thousands volunteer at summer Whereas the final stretch of the Blue Ridge and voter participation and reduce the temp- feeding sites; Parkway was completed in 1987 with the con- tation of gambling, drunkenness, and pros- Whereas summer feeding programs play an struction of the Linn Cove Viaduct; titution among soldiers under his ministry; important role in providing safe places for Whereas the Blue Ridge Parkway provides Whereas Chaplain Plummer fought racism children and teenagers to engage in physical and other injustices of the time while serv- activity and provide educational opportuni- recreational opportunities for families in the ing his country with the Ninth Calvary; ties to spur learning during the summer United States at picnic areas and camp- Whereas Chaplain Plummer’s records in months; grounds and on scenic drives through the Ap- Fort Riley and Fort Robinson noted that he Whereas data from the Department of Ag- palachian mountain passes; performed admirably in his work among sol- riculture has shown rates of hunger and food Whereas the diverse topography and nu- diers and in his efforts on behalf of their insecurity among school-age children in- merous vista points along the Blue Ridge spiritual well-being; crease during the summer months; Parkway make the road the most accessible Whereas Chaplain Plummer endured racial Whereas of the 19,500,000 children receiving way to visit and experience the Southern Ap- bias and animosity throughout his time in free or reduced priced meals through the Na- palachian rural landscape and mountains; uniform, including being denied officer hous- tional School Lunch Program, only 1 in 9 re- Whereas the Parkway is world-renowned ing and being forced to live among enlisted ceive meals at a summer feeding site on an for biodiversity, including 74 species of mam- personnel despite holding the Army officer average day; mals, 50 species of salamanders, 35 species of rank equivalent of Captain; Whereas there are only 34 summer food reptiles, 159 species of birds, and 25 species of Whereas in 1894, Chaplain Plummer was sites for every 100 school lunch programs; fish; court-martialed, convicted, and dismissed and Whereas the Blue Ridge Parkway is the from the Army under circumstances tainted Whereas many low-income, food insecure most visited unit of the National Park Serv- by racial and personal animus; children in rural areas lack access to sum- ice with nearly 20 million visitors each year; Whereas the Army Board for Correction of mer feeding locations: Now, therefore, be it Whereas the Blue Ridge Parkway promotes Resolved, That the Senate— Military Records concluded that personal (1) designates June 2010 as ‘‘Summer Food regional travel and tourism by unifying the grudges and racial bias were driving factors Service Program Awareness Month’’; 29 counties through which the road passes, that led to Chaplain Plummer’s court-mar- (2) encourages schools, nonprofit institu- engendering a shared regional identity, pro- tial; tions, churches, parks, recreation centers, viding a common link of interest, and con- Whereas the Army Board for Correction of and summer camps to sponsor summer feed- tributing to the economic vitality of the Military Records noted evidence that shows ing sites in their communities; and area; Chaplain Plummer served his country well (3) encourages schools, local businesses, Whereas the Blue Ridge Parkway is one of and was a highly respected and admired offi- nonprofit institutions, churches, cities, and the strongest economic engines in the South- cer; State governments to raise awareness of the ern Appalachian region, generating an esti- Whereas in 2005, the Army Board for Cor- availability of summer feeding sites and sup- mated $23,000,000,000 in North Carolina and rection of Military Records changed the sta- port efforts to increase participation of chil- Virginia annually; tus of Chaplain Plummer’s military dis- dren who might otherwise go without meals Whereas the Blue Ridge Parkway has re- charge to ‘‘honorable’’; if not for the Summer Food Service Pro- ceived volunteer support from thousands of Whereas despite the unfair and racially gram. North Carolinians and Virginians, including charged atmosphere that led to Chaplain 1,400 volunteers in 2008 who provided a total Plummer’s conviction and discharge, he con- f of more than 50,000 hours of service; tinued to ask for reinstatement in the mili- SENATE CONCURRENT RESOLU- Whereas the Blue Ridge Parkway is a great tary out of a desire to serve his country; TION 66—TO COMMEMORATE THE Whereas Chaplain Plummer was a devoted public works achievement that maintains 75TH ANNIVERSARY OF THE natural, historic, and cultural significance family man, minister, veteran, and commu- BLUE RIDGE PARKWAY nity leader committed to the principles of for the people of North Carolina and Vir- liberty and opportunity for which the United Mr. WARNER (for himself, Mr. WEBB, ginia; and States stands; and Mrs. HAGAN, and Mr. BURR) submitted Whereas this crown jewel of the National Whereas Chaplain Plummer rose from the the following concurrent resolution; Park Service deserves the support of Con- depths of slavery to remarkable heights, and which was referred to the Committee gress to preserve the ecological and cultural led a life of selfless contributions to his on Energy and Natural Resources: integrity, maintain the infrastructure, and country: Now, therefore, be it S. CON. RES. 66 protect the famously scenic views of the Parkway: Now, therefore, be it Resolved, That the Senate— Whereas the Blue Ridge Parkway links the (1) celebrates the life and patriotism of Great Smoky Mountains National Park to Resolved by the Senate (the House of Rep- Chaplain Henry Vinton Plummer; the Shenandoah National Park, providing 469 resentatives concurring), That Congress— (2) expresses its admiration for Chaplain scenic miles for motor recreation along the (1) commemorates the 75th anniversary of Plummer for his perseverance and resolve in crest of the Blue Ridge Mountains in North the Blue Ridge Parkway; and the face of racial oppression in the military Carolina and Virginia; (2) acknowledges the historic and enduring history of the United States; and Whereas North Carolina state geologist Jo- scenic, recreational, and economic value of (3) congratulates Chaplain Plummer’s ex- seph Hyde Pratt first proposed a scenic road this unique national treasure. tended family for their work to commemo- along the Blue Ridge Mountains in 1906; rate his life of devotion to helping others Whereas on November 24, 1933, at the rec- while overcoming tremendous adversity. ommendation of Virginia Senator Harry

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12383 SENATE CONCURRENT RESOLU- AMENDMENTS SUBMITTED AND SA 4442. Mr. BURRIS submitted an amend- TION 67—CELEBRATING 130 PROPOSED ment intended to be proposed to amendment YEARS OF UNITED STATES-RO- SA 4402 proposed by Mr. REID (for Mr. BAU- SA 4431. Mr. COCHRAN (for himself, Ms. CUS (for himself, Ms. LANDRIEU, and Mr. MANIAN DIPLOMATIC RELA- LANDRIEU, and Mr. WICKER) submitted an REID)) to the bill H.R. 5297, supra; which was TIONS, CONGRATULATING THE amendment intended to be proposed to ordered to lie on the table. ROMANIAN PEOPLE ON THEIR amendment SA 4402 proposed by Mr. REID SA 4443. Mr. UDALL of Colorado (for him- ACHIEVEMENTS AS A GREAT NA- (for Mr. BAUCUS (for himself, Ms. LANDRIEU, self, Mr. SCHUMER, Mr. REID, Mr. LIEBERMAN, and Mr. REID)) to the bill H.R. 5297, to create TION, AND REAFFIRMING THE Mrs. BOXER, Mrs. GILLIBRAND, Mr. SANDERS, the Small Business Lending Fund Program and Mr. INOUYE) submitted an amendment DEEP BONDS OF TRUST AND to direct the Secretary of the Treasury to VALUES BETWEEN THE UNITED intended to be proposed by him to the bill make capital investments in eligible institu- H.R. 5297, supra; which was ordered to lie on STATES AND ROMANIA, A tions in order to increase the availability of the table. TRUSTED AND MOST VALUED credit for small businesses, to amend the In- SA 4444. Mr. REID (for himself, Mr. CRAPO, ALLY ternal Revenue Code of 1986 to provide tax Mr. ENSIGN, Mr. LIEBERMAN, Mrs. SHAHEEN, incentives for small business job creation, Mrs. LINCOLN, Mr. TESTER, Ms. STABENOW, Mr. VOINOVICH (for himself and and for other purposes; which was ordered to Mr. WICKER, and Mr. COBURN) submitted an Mrs. SHAHEEN) submitted the following lie on the table. amendment intended to be proposed to SA 4432. Mr. BEGICH submitted an amend- amendment SA 4402 proposed by Mr. REID concurrent resolution; which was con- ment intended to be proposed to amendment (for Mr. BAUCUS (for himself, Ms. LANDRIEU, sidered and agreed to: SA 4402 proposed by Mr. REID (for Mr. BAU- and Mr. REID)) to the bill H.R. 5297, supra; CUS (for himself, Ms. LANDRIEU, and Mr. S. CON. RES. 67 which was ordered to lie on the table. REID)) to the bill H.R. 5297, supra; which was SA 4445. Ms. KLOBUCHAR (for herself, Mr. Whereas the United States established dip- ordered to lie on the table. LEMIEUX, Mr. KERRY, Mrs. SHAHEEN, and Mr. lomatic relations with Romania in June 1880; SA 4433. Mr. GRASSLEY submitted an NELSON of Florida) submitted an amendment Whereas the United States and Romania amendment intended to be proposed to intended to be proposed to amendment SA are two countries united by shared values amendment SA 4402 proposed by Mr. REID 4402 proposed by Mr. REID (for Mr. BAUCUS and a strong commitment to freedom, de- (for Mr. BAUCUS (for himself, Ms. LANDRIEU, (for himself, Ms. LANDRIEU, and Mr. REID)) to mocracy, and prosperity; and Mr. REID)) to the bill H.R. 5297, supra; the bill H.R. 5297, supra; which was ordered which was ordered to lie on the table. Whereas Romania has shown, for the past to lie on the table. SA 4434. Ms. CANTWELL (for herself, Mr. 20 years, remarkable leadership in advancing SA 4446. Ms. SNOWE submitted an amend- VITTER, Mrs. MURRAY, Ms. STABENOW, and security and democratic principles in East- ment intended to be proposed to amendment Mr. INOUYE) submitted an amendment in- ern Europe, the Western Balkans, and the SA 4402 proposed by Mr. REID (for Mr. BAU- tended to be proposed by her to the bill H.R. Black Sea region, and has amply partici- CUS (for himself, Ms. LANDRIEU, and Mr. 5297, supra; which was ordered to lie on the pated to the forging of a wider Europe, whole REID)) to the bill H.R. 5297, supra; which was table. and free; ordered to lie on the table. Whereas Romania’s commitment to meet- SA 4435. Mrs. HAGAN submitted an amend- ment intended to be proposed to amendment SA 4447. Mr. DORGAN submitted an ing the greatest responsibilities and chal- amendment intended to be proposed to SA 4402 proposed by Mr. REID (for Mr. BAU- lenges of the 21st century is and has been re- amendment SA 4402 proposed by Mr. REID CUS (for himself, Ms. LANDRIEU, and Mr. flected by its contribution to the inter- (for Mr. BAUCUS (for himself, Ms. LANDRIEU, REID)) to the bill H.R. 5297, supra; which was national efforts of stabilization in Afghani- ordered to lie on the table. and Mr. REID)) to the bill H.R. 5297, supra; stan and Iraq, its decision to participate in SA 4436. Mr. CARDIN (for himself, Mr. which was ordered to lie on the table. the United States missile defense system in BURRIS, and Ms. LANDRIEU) submitted an SA 4448. Mr. MERKLEY (for himself and Europe, its leadership in regional non- amendment intended to be proposed to Mr. BOND) submitted an amendment in- proliferation and arms control, its active amendment SA 4402 proposed by Mr. REID tended to be proposed to amendment SA 4402 pursuit of energy security solutions for (for Mr. BAUCUS (for himself, Ms. LANDRIEU, proposed by Mr. REID (for Mr. BAUCUS (for South Eastern Europe, and its substantial and Mr. REID)) to the bill H.R. 5297, supra; himself, Ms. LANDRIEU, and Mr. REID)) to the role in shaping a strong and effective North which was ordered to lie on the table. bill H.R. 5297, supra; which was ordered to lie Atlantic Alliance; SA 4437. Mr. NELSON of Florida (for him- on the table. Whereas the strategic partnership that ex- self, Ms. LANDRIEU, Mr. WICKER, Mr. VITTER, f ists between the United States and Romania Mr. COCHRAN, and Mr. SHELBY) submitted an has greatly advanced the common interests amendment intended to be proposed to TEXT OF AMENDMENTS of the United States and Romania in pro- amendment SA 4402 proposed by Mr. REID SA 4431. Mr. COCHRAN (for himself, moting transatlantic and regional security (for Mr. BAUCUS (for himself, Ms. LANDRIEU, Ms. LANDRIEU, and Mr. WICKER) sub- and free market opportunities, and should and Mr. REID)) to the bill H.R. 5297, supra; mitted an amendment intended to be continue to provide for more economic and which was ordered to lie on the table. cultural exchanges, trade and investment, SA 4438. Mr. SANDERS (for himself, Mr. proposed to amendment SA 4402 pro- and people-to-people contacts between the GRASSLEY, Mr. HARKIN, and Mr. TESTER) sub- posed by Mr. REID (for Mr. BAUCUS (for United States and Romania; mitted an amendment intended to be pro- himself, Ms. LANDRIEU, and Mr. REID)) Whereas the talent, energy, and creativity posed to amendment SA 4402 proposed by Mr. to the bill H.R. 5297, to create the of the Romanian people have nurtured a vi- REID (for Mr. BAUCUS (for himself, Ms. LAN- Small Business Lending Fund Program brant society and nation, embracing entre- DRIEU, and Mr. REID)) to the bill H.R. 5297, to direct the Secretary of the Treasury preneurship, technological advance and inno- supra; which was ordered to lie on the table. to make capital investments in eligible SA 4439. Mr. SANDERS (for himself, Mr. vation, and rooted deeply in the respect for institutions in order to increase the education, culture, and international co- BROWN of Ohio, and Mr. LEAHY) submitted an operation; and amendment intended to be proposed to availability of credit for small busi- Whereas Romanian Americans have con- amendment SA 4402 proposed by Mr. REID nesses, to amend the Internal Revenue tributed greatly to the history and develop- (for Mr. BAUCUS (for himself, Ms. LANDRIEU, Code of 1986 to provide tax incentives ment of the United States, and their rich and Mr. REID)) to the bill H.R. 5297, supra; for small business job creation, and for cultural heritage and commitment to fur- which was ordered to lie on the table. other purposes; which was ordered to thering close relations between Romania and SA 4440. Mr. SANDERS (for himself, Mr. lie on the table; as follows: BROWN of Ohio, and Mr. LEAHY) submitted an the United States should be properly recog- On page 128, between lines 19 and 20, insert nized and praised: Now, therefore, be it amendment intended to be proposed to amendment SA 4402 proposed by Mr. REID the following: Resolved by the Senate (the House of Rep- (for Mr. BAUCUS (for himself, Ms. LANDRIEU, SEC. 1704. DISASTER LOANS PROGRAM ACCOUNT. resentatives concurring), That Congress— and Mr. REID)) to the bill H.R. 5297, supra; (a) IN GENERAL.—From unobligated bal- (1) celebrates the 130th anniversary of which was ordered to lie on the table. ances in the appropriations account appro- United States-Romanian diplomatic rela- SA 4441. Mrs. SHAHEEN (for herself and priated under the heading ‘‘DISASTER LOANS tions; Mr. COCHRAN) submitted an amendment in- PROGRAM ACCOUNT’’ under the heading (2) congratulates the Romanian people on tended to be proposed to amendment SA 4402 ‘‘SMALL BUSINESS ADMINISTRATION’’, up to their achievements as a great nation; and proposed by Mr. REID (for Mr. BAUCUS (for $100,000,000 shall be available to the Adminis- (3) reaffirms the deep bonds of trust and himself, Ms. LANDRIEU, and Mr. REID)) to the trator of the Small Business Administration values between the United States and Roma- bill H.R. 5297, supra; which was ordered to lie (in this section referred to as the ‘‘Adminis- nia. on the table. trator’’) to waive the payment, for a period

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12384 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 of not more than 3 years, of not more than purposes; which was ordered to lie on to amendment SA 4402 proposed by Mr. $15,000 in interest on loans made under sec- the table; as follows: REID (for Mr. BAUCUS (for himself, Ms. tion 7(b) of the Small Business Act (15 U.S.C. At the end of subtitle A of title II, add the LANDRIEU, and Mr. REID)) to the bill 636(b)) to businesses located in an area af- following: H.R. 5297, to create the Small Business fected by a hurricane occurring during 2005 or 2008 for which the President declared a PART V—OTHER PROVISIONS Lending Fund Program to direct the major disaster under section 401 of the Rob- SEC. lll. ENCOURAGEMENT OF CONTRIBU- Secretary of the Treasury to make cap- ert T. Stafford Disaster Relief and Emer- TIONS OF CAPITAL GAIN REAL ital investments in eligible institu- gency Assistance Act (42 U.S.C. 5170). PROPERTY MADE FOR CONSERVA- tions to order to increase the avail- TION PURPOSES BY NATIVE COR- (b) PRIORITY.—The Administrator shall, to PORATIONS. ability of credit for small businesses, the extent practicable, give priority to an (a) IN GENERAL.—Paragraph (2) of section to amend the Internal Revenue Code of application for a waiver of interest under the 170(b) of the Internal Revenue Code of 1986 is 1986 to provide tax incentives for small program established under this section by a amended by redesignating subparagraph (C) business job creation, and for other small business concern (as defined under sec- as subparagraph (D), and by inserting after tion 3 of the Small Business Act (15 U.S.C. purposes; which was ordered to lie on subparagraph (B) the following new subpara- the table; as follows: 632)) with not more than 50 employees or graph: that the Administrator determines suffered a After part IV of subtitle A of title II, insert ‘‘(C) QUALIFIED CONSERVATION CONTRIBU- substantial economic injury as a result of the following: TIONS BY CERTAIN NATIVE CORPORATIONS.— the discharge of oil that began in April 2010 ‘‘(i) IN GENERAL.—Any qualified conserva- PART V—ENERGY in connection with the explosion on, and tion contribution (as defined in subsection SEC. —. INCENTIVES FOR BIODIESEL AND RE- sinking of, the mobile offshore drilling unit (h)(1)) which— NEWABLE DIESEL. Deepwater Horizon (in this section referred to ‘‘(I) is made by a Native Corporation, and (a) CREDITS FOR BIODIESEL AND RENEWABLE as the ‘‘Deepwater Horizon oil spill’’). ‘‘(II) is a contribution of property which DIESEL USED AS FUEL.—Subsection (g) of sec- (c) TERMINATION.—The Administrator may was land conveyed under the Alaska Native tion 40A of the Internal Revenue Code of 1986 not approve an application under the pro- Claims Settlement Act, is amended by striking ‘‘December 31, 2009’’ gram established under this section after De- and inserting ‘‘December 31, 2010’’. cember 31, 2010. shall be allowed to the extent that the aggre- (b) EXCISE TAX CREDITS AND OUTLAY PAY- (d) OTHER DISASTERS.—If a disaster is de- gate amount of such contributions does not MENTS FOR BIODIESEL AND RENEWABLE DIESEL clared under section 7(b) of the Small Busi- exceed the excess of the taxpayer’s taxable FUEL MIXTURES.— ness Act (15 U.S.C.636(b)) during the period income over the amount of charitable con- (1) Paragraph (6) of section 6426(c) of the beginning on the date of enactment of this tributions allowable under subparagraph (A). Internal Revenue Code of 1986 is amended by Act and ending on December 31, 2010, and to ‘‘(ii) LIMITATION.—This subparagraph shall striking ‘‘December 31, 2009’’ and inserting the extent there are inadequate funds in the not apply to any contribution of property de- ‘‘December 31, 2010’’. appropriations account described in sub- scribed in clause (i)(II) which, by itself or (2) Subparagraph (B) of section 6427(e)(6) of section (a) to provide assistance relating to when aggregated to any other property to such Code is amended by striking ‘‘December the disaster under section 7(b) of the Small which this subparagraph applies, is a con- 31, 2009’’ and inserting ‘‘December 31, 2010’’. Business Act and waive the payment of in- tribution of more than 10 percent of the land (c) EFFECTIVE DATE.—The amendments terest under the program established under conveyed to the Native Corporation de- made by this section shall apply to fuel sold this section, the Administrator shall give scribed in clause (i)(I) under the Alaska Na- or used after December 31, 2009. priority in using the funds to applications tive Claims Settlement Act. under section 7(b) of the Small Business Act ‘‘(iii) CARRYOVER.—If the aggregate SA 4434. Ms. CANTWELL (for herself, relating to the disaster. amount of contributions described in clause Mr. VITTER, Mrs. MURRAY, Ms. STABE- (e) REIMBURSEMENT BY RESPONSIBLE (i) exceeds the limitation of clause (i), such NOW, and Mr. INOUYE) submitted an PARTY.—The Administrator may present a excess shall be treated (in a manner con- amendment intended to be proposed by claim to the responsible party (as defined in sistent with the rules of subsection (d)(2)) as her to the bill H.R. 5297, to create the section 1001 of the Oil Pollution Act of 1990 a charitable contribution to which clause (i) Small Business Lending Fund Program (33 U.S.C. 2701)) for costs and expenses de- applies in each of the 5 succeeding years in scribed in section 1012(a)(5) of the Oil Pollu- order of time. to direct the Secretary of the Treasury tion Act of 1990 (33 U.S.C. 2712(a)(5)) relating ‘‘(iv) DEFINITION.—For purposes of this sub- to make capital investments in eligible to a waiver of interest under this section for paragraph, the term ‘Native Corporation’ has institutions to order to increase the a business suffering a substantial economic the meaning given such term by section 3(m) availability of credit for small busi- injury as a result of the Deepwater Horizon of the Alaska Native Claims Settlement Act. nesses, to amend the Internal Revenue oil spill of 2010 in accordance with section ‘‘(v) TERMINATION.—This subparagraph Code of 1986 to provide tax incentives 1013 of the Oil Pollution Act of 1990 (33 U.S.C. shall not apply to any contribution in any for small business job creation, and for 2713). taxable year beginning after December 31, other purposes; which was ordered to (f) BUDGETARY PROVISION.—This section is 2010.’’. designated as an emergency for purposes of (b) CONFORMING AMENDMENT.—Section lie on the table; as follows: pay-as-you-go principles. The amount made 170(b)(2)(A) of such Code is amended by strik- At the end of part II of subtitle A of title available under this section is designated as ing ‘‘subparagraph (B) applies’’ and inserting II, insert the following: an emergency requirement pursuant to sec- ‘‘subparagraphs (B) or (C) apply’’. SEC. —. REPEAL OF QUALIFIED SHIPPING IN- tions 403(a) and 423(b) of S. Con. Res. 13 (c) EFFECTIVE DATE.—The amendments VESTMENT WITHDRAWAL RULES. (111th Congress), the concurrent resolution made by this section shall apply to contribu- (a) IN GENERAL.—Section 955 of the Inter- on the budget for fiscal year 2010. The tions made after the date of the enactment nal Revenue Code of 1986 is hereby repealed. amount made available under this section is of this Act. (b) CONFORMING AMENDMENTS.— designated as an emergency requirement (d) RULE OF CONSTRUCTION.—Nothing in (1) Section 951(a)(1)(A) of the Internal Rev- pursuant to section 4(g) of the Statutory this section or the amendments made by this enue Code of 1986 is amended by adding Pay-As-You-Go Act of 2010 (Public Law 111– section shall be construed to modify any ex- ‘‘and’’ at the end of clause (i) and by striking 139; 2 U.S.C. 933(g)). isting property rights conveyed to Native clause (iii). Corporations (withing the meaning of sec- (2) Section 951(a)(1)(A)(ii) of such Code is SA 4432. Mr. BEGICH submitted an tion 3(m) of the Alaska Native Claims Set- amended by striking ‘‘, and’’ at the end and amendment intended to be proposed to tlement Act) under such Act. inserting ‘‘, except that in applying this amendment SA 4402 proposed by Mr. SEC. lll. INCREASE IN PENALTY FOR FAILURE clause amounts invested in less developed TO FILE A PARTNERSHIP OR S COR- country corporations described in section REID (for Mr. BAUCUS (for himself, Ms. PORATION RETURN. 955(c)(2) (as so in effect) shall not be treated LANDRIEU, and Mr. REID)) to the bill (a) IN GENERAL.—Sections 6698(b)(1) and as investments in less developed countries.’’. H.R. 5297, to create the Small Business 6699(b)(1) of the Internal Revenue Code of (3) Section 951(a)(3) of such Code is hereby Lending Fund Program to direct the 1986 are each amended by striking ‘‘$195’’ and repealed. Secretary of the Treasury to make cap- inserting ‘‘$205’’. (4) Section 964(b) of such Code is amended ital investments in eligible institu- (b) EFFECTIVE DATE.—The amendment by striking ‘‘, 955,’’. tions to order to increase the avail- made by this section shall apply to returns (5) The table of sections for subpart F of for taxable years beginning after December ability of credit for small businesses, part III of subchapter N of chapter 1 of such 31, 2010. Code is amended by striking the item relat- to amend the Internal Revenue Code of ing to section 955. 1986 to provide tax incentives for small SA 4433. Mr. GRASSLEY submitted (c) EFFECTIVE DATE.—The amendments business job creation, and for other an amendment intended to be proposed made by this section shall apply to taxable

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12385 years of controlled foreign corporations end- (e) ELECTION.— for small business job creation, and for ing on or after the date of the enactment of (1) IN GENERAL.—A taxpayer may elect to other purposes; which was ordered to this Act, and to taxable years of United apply this section to— lie on the table; as follows: States shareholders in which or with which (A) the taxpayer’s last taxable year which On page 113, between lines 17 and 18, insert such taxable years of controlled foreign cor- begins before the date of the enactment of the following: porations end. this Act, or SEC. 1348. SECTION 8(a) IMPROVEMENTS. SEC. —. TAX IMPOSED ON ELECTING UNITED (B) the taxpayer’s first taxable year begin- STATES SHAREHOLDERS. ning on or after such date. (a) PROGRAMS FOR SOCIALLY AND ECONOMI- CALLY DISADVANTAGED SMALL BUSINESS CON- (a) IN GENERAL.—In the case of a United (2) TIMING OF ELECTION AND ONE-TIME ELEC- CERNS.— States shareholder for which an election is TION.—Such election may be made only once in effect under this section, a tax is hereby by any taxpayer, and only if made on or be- (1) NET WORTH THRESHOLD.— imposed on such shareholder’s pro rata share fore the due date (including extensions) for (A) IN GENERAL.—Section 8(a)(6)(A) of the (determined under the principles of para- filing the return of tax for the taxable year Small Business Act (15 U.S.C. 637(a)(6)(A)) is graph (2) of subsection (a) of section 951 of of such election. amended— (i) by inserting ‘‘(i)’’ after ‘‘(6)(A)’’; the Internal Revenue Code of 1986) of the (f) EFFECTIVE DATE.—This section shall sum of— apply to taxable years ending on or after the (ii) by striking ‘‘In determining the degree (1) the foreign base company shipping in- date of the enactment of this Act. of diminished credit’’ and inserting the fol- come (determined under section 954(f) of the lowing: ‘‘(ii)(I) In determining the degree of dimin- Internal Revenue Code of 1986 as in effect be- SA 4435. Mrs. HAGAN submitted an ished credit’’; fore the enactment of the American Jobs amendment intended to be proposed to (iii) by striking ‘‘In determining the eco- Creation Act of 2004) for all prior taxable amendment SA 4402 proposed by Mr. nomic disadvantage’’ and inserting the fol- years beginning after 1975 and before 1987, REID (for Mr. BAUCUS (for himself, Ms. lowing: and LANDRIEU, and Mr. REID)) to the bill ‘‘(iii) In determining the economic dis- (2) income described in section 954(b)(2) of H.R. 5297, to create the Small Business advantage’’; and the Internal Revenue Code as in effect prior (iv) by inserting after clause (ii)(I), as so to the effective date of the Tax Reform Act Lending Fund Program to direct the Secretary of the Treasury to make cap- designated by this section, the following: of 1975, without regard to whether such in- ‘‘(II)(aa) Not later than 1 year after the come was not included in subpart F income ital investments in eligible institu- date of enactment of the Small Business under section 954(b)(2) or any other provision tions in order to increase the avail- Jobs Act of 2010, the Administrator shall— of such Code, ability of credit for small businesses, ‘‘(AA) assign each North American Indus- but only to the extent such income has not to amend the Internal Revenue Code of try Classification System industry code to a previously been included in the gross income 1986 to provide tax incentives for small category described in item (cc); and of a United States person as a dividend or business job creation, and for other ‘‘(BB) for each category described in item under any section of the Internal Revenue (cc), establish a maximum net worth for the Code after 1962, or excluded from gross in- purposes; which was ordered to lie on the table; as follows: socially disadvantaged individuals who own come pursuant to subsection (a) of section or control small business concerns in the 959 of the Internal Revenue Code of 1986. On page 84, between lines 11 and 12, insert category that participate in the program (b) AMOUNT OF TAX.—The amount of tax the following: under this subsection. imposed by subsection (a) shall be 5.25 per- SEC. 1210. CERTAIN CEILING FANS. ‘‘(bb) The maximum net worth for a cat- cent of the income described therein. (a) IN GENERAL.—Heading 9902.84.14 of the egory described in item (cc) shall be not less (c) INCOME NOT SUBJECT TO FURTHER TAX.— Harmonized Tariff Schedule of the United than the modified net worth limitations es- The income on which a tax is imposed by States is amended by striking ‘‘12/31/2009’’ tablished by the Administrator under section subsection (a) shall not (other than such tax) and inserting ‘‘12/31/2012’’. 1348(a)(2) of the Small Business Jobs Act of be included in the gross income of such (b) EFFECTIVE DATE.— 2010. United States shareholder (or any other (1) IN GENERAL.—The amendment made by ‘‘(cc) The categories described in this item United States person who acquires from any subsection (a) applies with respect to goods are— person any portion of the interest of such entered or withdrawn from warehouse for ‘‘(AA) manufacturing; United States shareholder in such foreign consumption, on or after the 15th day after ‘‘(BB) construction; corporation) and shall be treated for pur- the enactment of this Act. ‘‘(CC) professional services; and poses of the Internal Revenue Code of 1986 as (2) RETROACTIVE APPLICATION TO CERTAIN ‘‘(DD) general services. if such amounts are, or have been, included ENTRIES.—Notwithstanding section 514 of the ‘‘(III) The Administrator shall establish in the income of the United States share- Tariff Act of 1930 (19 U.S.C. 1514) or any other procedures that— holder under section 951(a)(1)(B). provision of law, upon proper request filed ‘‘(aa) account for inflationary adjustments (d) ADDITIONAL TAX IMPOSED FOR FAILURE with U.S. Customs and Border Protection be- to, and include a reasonable assumption of, TO MAINTAIN EMPLOYMENT LEVELS.— fore the 90th day after the date of the enact- the average income and net worth of the (1) IN GENERAL.—If, during the period con- ment of this Act, any entry, or withdrawal owners of business concerns that are domi- sisting of the calendar month in which the from warehouse for consumption, of any nant in the field of operation of the business election under this section is made and the goods described in heading 9902.84.14 of the concern; and succeeding 23 calendar months, the taxpayer Harmonized Tariff Schedule of the United ‘‘(bb) require an annual inflationary ad- does not maintain an average employment States (as added by subsection (a) that was justment to the average income and max- level at least equal to the taxpayer’s prior made— imum net worth requirements under this average employment, an additional amount (A) after December 31, 2009; and clause. shall be taken into account as income by the (B) before the 15th day after the date of the ‘‘(IV) In determining the assets and net taxpayer during the taxable year that in- enactment of this Act; worth of a socially disadvantaged individual cludes the final day of such period, equal to shall be liquidated or reliquidated as though under this subparagraph, the Administrator $25,000 multiplied by the number of employ- the amendment made by subsection (a) ap- shall not consider any assets of the indi- ees by which the taxpayer’s average employ- plied to such entry or withdrawal. vidual that are held in a qualified retirement ment level during such period falls below the plan, as that term is defined in section prior average employment. SA 4436. Mr. CARDIN (for himself, 4974(c) of the Internal Revenue Code of (2) PRIOR AVERAGE EMPLOYMENT.—For pur- 1986.’’. Mr. BURRIS, and Ms. LANDRIEU) sub- poses of this subsection, the taxpayer’s prior (B) TEMPORARY INFLATIONARY ADJUST- average employment is the average number mitted an amendment intended to be MENT.— of full time equivalent employees of the tax- proposed to amendment SA 4402 pro- (i) IN GENERAL.—Not later than 30 days payer during the period consisting of the 24 posed by Mr. REID (for Mr. BAUCUS (for after the date of enactment of this Act, the calendar months immediately preceding the himself, Ms. LANDRIEU, and Mr. REID)) Administrator shall modify the net worth calendar month in which the election under to the bill H.R. 5297, to create the limitations established by the Administrator this section is made. Small Business Lending Fund Program for purposes of the program under section (3) AGGREGATION RULES.—In determining to direct the Secretary of the Treasury 8(a) of the Small Business Act (15 U.S.C. the taxpayer’s average employment level to make capital investments in eligible 637(a)) by adjusting the amount of the net and prior average employment, all domestic worth limitations for inflation during the pe- members of a controlled group (as defined in institutions in order to increase the riod beginning on the date on which the Ad- section 264(e)(5)(B) of the Internal Revenue availability of credit for small busi- ministrator established the net worth limi- Code of 1986) shall be treated as a single tax- nesses, to amend the Internal Revenue tations and the date of enactment of this payer. Code of 1986 to provide tax incentives Act.

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(ii) TERMINATION.—The Administrator shall ‘‘(i) the regulations promulgated to carry payment bond, performance bond, or bonds apply the net worth limitations established out the program; ancillary thereto by an eligible small busi- under clause (i) until the effective date of ‘‘(ii) online training under the program; ness concern shall— the net worth limitations established by the and (i) submit to the Administrator a report Administrator under clause (ii)(II) of section ‘‘(iii) whether the structure of the program evaluating whether the eligible small busi- 8(a)(6)(A) of the Small Business Act (15 is conducive to business development.’’. ness concern meets such criteria as the Ad- U.S.C. 637(a)(6)(A)), as added by this para- (3) REPORT ON FRAUD DETECTION.—Not later ministrator may establish relating to wheth- graph. than 90 days after the date of enactment of er a bond should be issued to the eligible (C) TRANSITION PERIOD.—Section 7(j)(15) of this Act, the Administrator shall— small business concern; and the Small Business Act (15 U.S.C. 636(j)(15)) (A) assess the workload of business devel- (ii) if the Administrator does not guar- is amended— opment specialists of the Administration; antee the surety against loss, submit an up- (i) by redesignating subparagraphs (A) and (B) evaluate the use of fraud detection date of the report described in clause (i) (B) as clauses (i) and (ii), respectively; tools, such as the use of data mining tech- every 6 months. (D) by striking ‘‘Subject to’’ and inserting niques and provide additional financial and (3) TECHNICAL ASSISTANCE AND EDUCATIONAL ‘‘(A) Except as provided in subparagraph (B), analytical training for business development TRAINING.— and subject to’’; and specialists of the Administration; (A) IN GENERAL.—The Administrator shall (E) by adding at the end the following: (C) propose amendments to regulations and provide technical assistance and educational ‘‘(B)(i) A small business concern may re- operational changes that would closely training to an eligible small business con- ceive developmental assistance under the evaluate an applicant to participate in the cern participating in the pilot program or Program and contracts under section 8(a) program under section 8(a) of the Small desiring to participate in the pilot program during the 3-year period beginning on the Business Act (15 U.S.C. 637(a)) if a family for a period of not less than 3 years, to pro- date on which the small business concern member of the applicant is, or has been, a mote the growth of the eligible small busi- graduates— participant in the program under section 8(a) ness concern and assist the eligible small ‘‘(I) because the small business concern has of the Small Business Act providing the business concern in promoting job develop- participated in the Program for the total pe- same type of supplies or services as the ap- ment. riod authorized under subparagraph (A); or plicant; (B) TOPICS.— ‘‘(II) under section 8(a)(6)(C)(ii), because (D) review the regulations relating to eco- (i) TECHNICAL ASSISTANCE.—The technical the socially disadvantaged individuals who nomic disadvantage with respect to the in- assistance under subparagraph (A) shall in- own or control the small business concern come and asset levels of an applicant for or clude assistance relating to— have a net worth that is more than the max- participant in the program under section 8(a) (I) scheduling of employees; imum net worth established by the Adminis- of the Small Business Act at the time of ap- (II) cash flow analysis; trator. (III) change orders; ‘‘(ii) After the end of the 3-year period de- plication and annual certification; and (E) submit to the Committee on Small (IV) requisition preparation; scribed in clause (i), a small business con- (V) submitting proposals; cern described in clause (i)— Business and Entrepreneurship of the Senate and the Committee on Small Business of the (VI) dispute resolution; and ‘‘(I) may not receive developmental assist- (VII) contract management. House of Representatives a report regarding ance under the Program or contracts under (ii) EDUCATIONAL TRAINING.—The edu- the assessment, evaluation, proposals, and section 8(a); and cational training under subparagraph (A) review under this paragraph. ‘‘(II) may continue to perform and receive shall include training regarding— (b) SURETY BOND PILOT PROGRAM.— payment under a contract received by the (I) accounting; (1) DEFINITIONS.—In this subsection— small business concern under section 8(a) be- (II) legal issues; (A) the terms ‘‘bid bond’’, ‘‘payment fore the end of the period, under the terms of (III) infrastructure; bond’’, ‘‘performance bond’’, and ‘‘surety’’ the contract.’’. (IV) human resources; have the meanings given those terms in sec- (2) GAO STUDY.—Section 8(a) of the Small (V) estimating costs; tion 410 of the Small Business Investment Business Act (15 U.S.C. 637(a)) is amended by (VI) scheduling; and Act of 1958 (15 U.S.C. 694a); adding at the end the following: (VII) any other area the Administrator de- ‘‘(22) REVIEW OF EFFECTIVENESS.— (B) the term ‘‘Board’’ means the pilot pro- termines is a key area for which training is ‘‘(A) GAO STUDY.—Not later than 5 years gram advisory board established under para- needed for eligible small business concerns. graph (4)(A); after the date of enactment of this para- (4) PANEL.— (C) the term ‘‘eligible small business con- graph, and every 5 years thereafter, the (A) ESTABLISHMENT.—The Administrator Comptroller General of the United States cern’’ means a socially and economically dis- shall establish a pilot program advisory shall— advantaged small business concern that is board to evaluate and make recommenda- ‘‘(i) conduct an evaluation of the effective- participating in the program under section tions regarding the pilot program. ness of the program under this subsection, 8(a) of the Small Business Act (15 U.S.C. (B) MEMBERSHIP.—The Board shall be com- including an examination of— 637(a)); posed of 5 members— ‘‘(I) the number and size of contracts ap- (D) the term ‘‘Fund’’ means the Small (i) who shall be appointed by the Adminis- plied for, as compared to the number re- Business Surety Bond Pilot Program Fund trator; ceived by, small business concerns after suc- established under paragraph (5)(A); (ii) not less than 2 of whom shall have cessfully completing the program; (E) the term ‘‘graduated’’ has the meaning graduated from the program under section ‘‘(II) the percentage of small business con- given that term in section 7(j)(10)(H) of the 8(a) of the Small Business Act (15 U.S.C. cerns that continue to operate during the 3- Small Business Act (15 U.S.C. 636(j)(10)(H)); 637(a)); and year period beginning on the date on which (F) the term ‘‘pilot program’’ means the (iii) not more than 1 of whom may be an of- the small business concerns successfully surety bond pilot program established under ficer or employee of the Administration. complete the program; paragraph (2)(A); and (C) DUTIES.—The Board shall— ‘‘(III) whether the business of small busi- (G) the term ‘‘socially and economically (i) evaluate and make recommendations to ness concerns increases during the 3-year pe- disadvantaged small business concern’’ has the Administrator regarding the effective- riod beginning on the date on which the the meaning given that term in section 8(a) ness of the pilot program; small business concerns successfully com- of the Small Business Act (15 U.S.C. 637(a)). (ii) make recommendations to the Admin- plete the program; and (2) PROGRAM.— istrator regarding performance measures to ‘‘(IV) the number of training sessions of- (A) IN GENERAL.—The Administrator shall evaluate eligible small business concerns ap- fered under the program; and establish a surety bond pilot program under plying for a guarantee under the pilot pro- ‘‘(ii) submit to the Committee on Small which the Administrator may guarantee any gram; and Business and Entrepreneurship of the Senate surety against loss resulting from a breach (iii) not later than 90 days after the date and the Committee on Small Business of the of the terms of a bid bond, payment bond, on which all members of the Board are ap- House of Representatives a report regarding performance bond, or bonds ancillary there- pointed, and every year thereafter until the each evaluation under clause (i). to, by an eligible small business concern. authority to carry out the pilot program ter- ‘‘(B) SBA REPORT.—Not later than 1 year (B) APPLICATION.—An eligible small busi- minates under paragraph (6), submit to the after the date of enactment of this para- ness concern desiring a guarantee under the Committee on Small Business and Entrepre- graph, and every year thereafter, the Admin- pilot program shall submit an application at neurship of the Senate and the Committee istrator shall submit to the Committee on such time, in such manner, and accompanied on Small Business of the House of Represent- Small Business and Entrepreneurship of the by such information as the Administrator atives a report regarding the activities of the Senate and the Committee on Small Busi- may require. Board. ness of the House of Representatives a report (C) REVIEW.—A surety desiring a guarantee (5) FUND.— evaluating the program under this section, under the pilot program against loss result- (A) ESTABLISHMENT OF FUND.—There is es- including an assessment of— ing from a breach of the terms of a bid bond, tablished in the Treasury of the United

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States a revolving fund to be known as the amended by adding at the end the following (c) EFFECTIVE DATE.—– ‘‘Small Business Surety Bond Pilot Program new subparagraph:– (1) IN GENERAL.—Except as otherwise pro- Fund’’, to be administered by the Adminis- ‘‘(K) CERTAIN OIL SPILL-RELATED LOSSES.— vided in this subsection, the amendments trator. In the case of a taxpayer which has a quali- made by this section shall apply to net oper- (B) AVAILABILITY.—Amounts in the Fund fied oil spill loss (as defined in subsection ating losses arising in taxable years ending shall be available without fiscal year limita- (k)) for a taxable year, such qualified oil after April 20, 2010.– tion or further appropriation by Congress. spill loss shall be a net operating loss (2) TRANSITION RULE.—In the case of a net (C) AUTHORIZATION OF APPROPRIATIONS.— carryback to each of the 5 taxable years pre- operating loss for a taxable year ending after There is authorized to be appropriated to the ceding the taxable year of such loss.’’.– April 20, 2010, and before the date of the en- Fund $20,000,000. (b) QUALIFIED OIL SPILL LOSS.—Section 172 actment of this Act—– (D) RESCISSION.—Effective on the day after of the Internal Revenue Code of 1986 is (A) any election made under section the date on which the term of all guarantees amended by redesignating subsection (k) as 172(b)(3) of such Code with respect to such made under the pilot program have ended, subsection (l) and by inserting after sub- loss may (notwithstanding such section) be all amounts in the Fund are rescinded. section (j) the following new subsection:– revoked before the applicable date, and– ‘‘(k) RULES RELATING TO QUALIFIED OIL (6) TERMINATION.—The Administrator may (B) any application under section 6411(a) of SPILL LOSSES.—For purposes of this sec- not guarantee a surety against loss under such Code with respect to such loss shall be tion—– the pilot program on or after the date that is treated as timely filed if filed before the ap- ‘‘(1) QUALIFIED OIL SPILL LOSSES.—– 7 years after the date the date on which the plicable date. ‘‘(A) IN GENERAL.—Except as otherwise pro- Administrator makes the first guarantee vided in this paragraph, the term ‘qualified For purposes of this paragraph, the term under the pilot program. oil spill loss’ means the lesser of—– ‘‘applicable date’’ means the date which is 60 (c) EXTENSION OF PARTICIPATION TERM FOR ‘‘(i) the excess of—– days after the date of the enactment of this VICTIMS OF HURRICANE KATRINA OR HURRI- ‘‘(I) the amount of losses in a taxable year Act. CANE RITA.— ending after April 20, 2010, and before Octo- (1) RETROACTIVITY.—If a small business SA 4438. Mr. SANDERS (for himself, concern, while participating in any program ber 1, 2011, incurred by a commercial or char- ter fishing business operating in the Gulf of Mr. GRASSLEY, Mr. HARKIN, and Mr. or activity under the authority of paragraph Mexico or a Gulf of Mexico tourism-related TESTER) submitted an amendment in- (10) of section 7(j) of the Small Business Act business attributable to the discharge of oil tended to be proposed to amendment (15 U.S.C. 636(j)), was located in a parish or that began in 2010 in connection with the ex- SA 4402 proposed by Mr. REID (for Mr. county described in paragraph (2) of this sub- plosion on, and sinking of, the mobile off- section and was affected by Hurricane BAUCUS (for himself, Ms. LANDRIEU, and shore drilling unit Deepwater Horizon, over– Katrina of 2005 or Hurricane Rita of 2005, the Mr. REID)) to the bill H.R. 5297, to cre- ‘‘(II) amounts received during such taxable period during which that small business con- ate the Small Business Lending Fund year as payments for lost profits and earning cern is permitted continuing participation Program to direct the Secretary of the capacity under section 1002(b)(2)(E) of the Oil and eligibility in that program or activity Treasury to make capital investments Pollution Act of 1990 (33 U.S.C. 2702(b)(2)(E)), shall be extended for 24 months after the by insurance, or otherwise, or– in eligible institutions in order to in- date such participation and eligibility would ‘‘(ii) the amount of the net operating loss crease the availability of credit for otherwise terminate. for such taxable year.– small businesses, to amend the Inter- (2) PARISHES AND COUNTIES COVERED.—Para- ‘‘(B) SAFE HARBOR FOR CERTAIN SMALL BUSI- nal Revenue Code of 1986 to provide tax graph (1) applies to any parish in the State NESSES.—In the case of—– incentives for small business job cre- of Louisiana, or any county in the State of ‘‘(i) any commercial or charter fishing ation, and for other purposes; which Mississippi or in the State of Alabama, that business operating in the Gulf of Mexico, or– has been designated by the Administrator as was ordered to lie on the table; as fol- ‘‘(ii) any Gulf of Mexico tourism-related lows: a disaster area by reason of Hurricane business,– Katrina of 2005 or Hurricane Rita of 2005 At the appropriate place, insert the fol- the gross receipts of which for any taxable under disaster declaration 10176, 10177, 10178, lowing: year ending after April 20, 2010, and before 10179, 10180, 10181, 10205, or 10206. SEC. ll. CERTIFICATION REQUIREMENT. October 1, 2011, do not exceed $5,000,000, such (3) REVIEW AND COMPLIANCE.—The Adminis- (a) SHORT TITLE.—This section may be term means the amount of the net operating trator shall ensure that the case of every cited as the ‘‘Employ America Act’’. loss of such business for such taxable year.– small business concern participating before (b) IN GENERAL.—The Secretary of Home- ‘‘(C) COORDINATION WITH QUALIFIED DIS- the date of enactment of this Act in a pro- land Security may not approve a petition by ASTER LOSSES.—Such term shall not include gram or activity covered by paragraph (1) is an employer for any visa authorizing em- any qualified disaster loss (as defined in sub- reviewed and brought into compliance with ployment in the United States unless the section (j)).– this subsection. employer has provided written certification, ‘‘(2) COORDINATION WITH SUBSECTION (b)(2).— under penalty of perjury, to the Secretary of SA 4437. Mr. NELSON of Florida (for For purposes of applying subsection (b)(2), a Labor that— qualified oil spill loss for any taxable year (1) the employer has not provided a notice himself, Ms. LANDRIEU, Mr. WICKER, shall be treated in a manner similar to the Mr. VITTER, Mr. COCHRAN, and Mr. of a mass layoff pursuant to the Worker Ad- manner in which a specified liability loss is justment and Retraining Notification Act (29 SHELBY) submitted an amendment in- treated.– U.S.C. 2101 et seq.) during the 12-month pe- tended to be proposed to amendment ‘‘(3) ELECTION.—Any taxpayer entitled to a riod immediately preceding the date on SA 4402 proposed by Mr. REID (for Mr. 5-year carryback under subsection (b)(1)(K) which the alien is scheduled to be hired; and BAUCUS (for himself, Ms. LANDRIEU, and from any loss year may elect to have the (2) the employer does not intend to provide Mr. REID)) to the bill H.R. 5297, to cre- carryback period with respect to such loss a notice of a mass layoff pursuant to such ate the Small Business Lending Fund year determined without regard to sub- Act. section (b)(1)(K). Such election shall be made (c) EFFECT OF MASS LAYOFF.—If an em- Program to direct the Secretary of the in such manner as may be prescribed by the Treasury to make capital investments ployer provides a notice of a mass layoff pur- Secretary and shall be made by the due date suant to the Worker Adjustment and Re- in eligible institutions in order to in- (including extensions of time) for filing the training Notification Act after the approval crease the availability of credit for taxpayer’s return for the taxable year of the of a visa described in subsection (b), any small businesses, to amend the Inter- net operating loss. Such election, once made visas approved during the most recent 12- nal Revenue Code of 1986 to provide tax for any taxable year, shall be irrevocable for month period for such employer shall expire incentives for small business job cre- such taxable year.– on the date that is 60 days after the date on ation, and for other purposes; which ‘‘(4) GULF OF MEXICO TOURISM-RELATED which such notice is provided. The expira- BUSINESS.—For purposes of this subsection— was ordered to lie on the table; as fol- tion of a visa under this subsection shall not – be subject to judicial review. lows: ‘‘(A) IN GENERAL.—The term ‘Gulf of Mex- (d) NOTICE REQUIREMENT.—Upon receiving At the end of subtitle A of title II, add the ico tourism-related business’ means a hotel, notification of a mass layoff from an em- following:– lodging, recreation, entertainment, or res- ployer, the Secretary of Homeland Security PART V—OTHER PROVISIONS– taurant business located in a Gulf Coast shall inform each employee whose visa is SEC. llll. 5-YEAR NET OPERATING LOSS community.– scheduled to expire under subsection (c)— CARRYBACK FOR CERTAIN OIL ‘‘(B) GULF COAST COMMUNITY.—The term (1) the date on which such individual will SPILL-RELATED LOSSES.– ‘Gulf Coast community’ means any county no longer be authorized to work in the (a) EXTENSION OF NET OPERATING LOSS or parish in the States of Louisiana, Mis- United States; and CARRYBACK PERIOD.—Paragraph (1) of section sissippi, Alabama, or Florida which borders (2) the date on which such individual will 172(b) of the Internal Revenue Code of 1986 is the Gulf of Mexico.’’.– be required to leave the United States unless

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12388 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 the individual is otherwise authorized to re- (1) support within the States existing pro- tion, and business ownership succession main in the United States. grams designed to promote employee owner- planning; (e) EXEMPTION.—An employer shall be ex- ship and employee participation in business (2) in the case of activities under sub- empt from the requirements under this sec- decisionmaking; and section (b)(2)— tion if the employer provides written certifi- (2) facilitate within the States the forma- (A) provide preliminary technical assist- cation, under penalty of perjury, to the Sec- tion of new programs designed to promote ance to employee groups, managers, and re- retary of Labor that the total number of the employee ownership and employee participa- tiring owners exploring the possibility of em- employer’s workers who are United States tion in business decisionmaking. ployee ownership; citizens and are working in the United (c) DUTIES.—To carry out the functions (B) provide for the performance of prelimi- States have not been, and will not be, re- enumerated in subsection (b), the Secretary nary feasibility assessments; duced as a result of a mass layoff described shall— (C) assist in the funding of objective third- in subsection (c). (1) support new programs and existing pro- party feasibility studies and preliminary (f) RULEMAKING.—Not later than 90 days grams by— business valuations, and in selecting and after the date of the enactment of this Act, (A) making Federal grants authorized monitoring professionals qualified to con- the Secretary of Homeland Security and the under section l5; and duct such studies; and Secretary of Labor shall promulgate regula- (B)(i) acting as a clearinghouse on tech- (D) provide a data bank to help employees tions to carry out this section, including a niques employed by new programs and exist- find legal, financial, and technical advice in requirement that employers provide notice ing programs within the States, and dissemi- connection with business ownership; to the Secretary of Homeland Security of a nating information relating to those tech- (3) in the case of activities under sub- mass layoff (as defined in section 2 of the niques to the programs; or section (b)(3)— Worker Adjustment and Retraining Notifica- (ii) funding projects for information gath- (A) provide for courses on employee par- tion Act (29 U.S.C. 2101)). ering on those techniques, and dissemination ticipation; and of that information to the programs, by (B) provide for the development and fos- SA 4439. Mr. SANDERS (for himself, groups outside the Department of Labor; and tering of networks of employee-owned com- (2) facilitate the formation of new pro- Mr. BROWN OF OHIO, and Mr. LEAHY) panies to spread the use of successful partici- grams, in ways that include holding or fund- pation techniques; and submitted an amendment intended to ing an annual conference of representatives be proposed to amendment SA 4402 pro- (4) in the case of training under subsection from States with existing programs, rep- (b)(4)— posed by Mr. REID (for Mr. BAUCUS (for resentatives from States developing new pro- (A) provide for visits to existing programs himself, Ms. LANDRIEU, and Mr. REID)) grams, and representatives from States with- by staff from new programs receiving fund- to the bill H.R. 5297, to create the out existing programs. ing under this title; and Small Business Lending Fund Program SEC. l04. PROGRAMS REGARDING EMPLOYEE (B) provide materials to be used for such to direct the Secretary of the Treasury OWNERSHIP AND PARTICIPATION. training. (a) ESTABLISHMENT OF PROGRAM.—Not later (d) GUIDANCE.—The Secretary shall issue to make capital investments in eligible than 180 days after the date of enactment of institutions in order to increase the formal guidance, for recipients of grants this Act, the Secretary shall establish a pro- awarded under section l5 and one-stop part- availability of credit for small busi- gram to encourage new and existing pro- ners affiliated with the statewide workforce nesses, to amend the Internal Revenue grams within the States, designed to foster investment systems described in section 106 Code of 1986 to provide tax incentives employee ownership and employee participa- of the Workforce Investment Act of 1998 (29 for small business job creation, and for tion in business decisionmaking throughout U.S.C. 2881), proposing that programs and other purposes; which was ordered to the United States. other activities funded under this title be— (b) PURPOSE OF PROGRAM.—The purpose of (1) proactive in encouraging actions and lie on the table; as follows: the program established under subsection (a) activities that promote employee ownership At the appropriate place, insert the fol- is to encourage new and existing programs of, and participation in, businesses; and lowing: within the States that focus on— (2) comprehensive in emphasizing both em- (1) providing education and outreach to in- TITLE l—WORKER OWNERSHIP, ployee ownership of, and participation in, form employees and employers about the READINESS, AND KNOWLEDGE businesses so as to increase productivity and possibilities and benefits of employee owner- SEC. l01. SHORT TITLE. broaden capital ownership. ship, business ownership succession plan- This title may be cited as the ‘‘Worker ning, and employee participation in business SEC. l05. GRANTS. (a) IN GENERAL.—In carrying out the pro- Ownership, Readiness and Knowledge Act’’ decisionmaking, including providing infor- gram established under section l4, the Sec- or the ‘‘WORK Act’’. mation about financial education, employee retary may make grants for use in connec- SEC. l02. DEFINITIONS. teams, open-book management, and other tion with new programs and existing pro- In this title: tools that enable employees to share ideas grams within a State for any of the following (1) EXISTING PROGRAM.—The term ‘‘existing and information about how their businesses program’’ means a program, designed to pro- activities: can succeed; (1) Education and outreach as provided in mote employee ownership and employee par- (2) providing technical assistance to assist ticipation in business decisionmaking, that section l4(b)(1). employee efforts to become business owners, (2) Technical assistance as provided in sec- exists on the date the Secretary is carrying to enable employers and employees to ex- out a responsibility authorized by this title. tion l4(b)(2). plore and assess the feasibility of transfer- (3) Training activities for employees and (2) INITIATIVE.—The term ‘‘Initiative’’ ring full or partial ownership to employees, employers as provided in section l4(b)(3). means the Employee Ownership and Partici- and to encourage employees and employers pation Initiative established under section (4) Activities facilitating cooperation to start new employee-owned businesses; among employee-owned firms. l03. (3) training employees and employers with (5) Training as provided in section l4(b)(4) (3) NEW PROGRAM.—The term ‘‘new pro- respect to methods of employee participa- gram’’ means a program, designed to pro- for new programs provided by participants in tion in open-book management, work teams, existing programs dedicated to the objec- mote employee ownership and employee par- committees, and other approaches for seek- ticipation in business decisionmaking, that tives of this title, except that, for each fiscal ing greater employee input; and year, the amount of the grants made for such does not exist on the date the Secretary is (4) training other entities to apply for carrying out a responsibility authorized by training shall not exceed 10 percent of the funding under this section, to establish new total amount of the grants made under this this title. programs, and to carry out program activi- (4) SECRETARY.—The term ‘‘Secretary’’ title. ties. (b) AMOUNTS AND CONDITIONS.—The Sec- means the Secretary of Labor. (c) PROGRAM DETAILS.—The Secretary may retary shall determine the amount and any (5) STATE.—The term ‘‘State’’ means any of include, in the program established under conditions for a grant made under this sec- the 50 States within the United States of subsection (a), provisions that— tion. The amount of the grant shall be sub- America. (1) in the case of activities under sub- ject to subsection (f), and shall reflect the SEC. l03. EMPLOYEE OWNERSHIP AND PARTICI- section (b)(1)— capacity of the applicant for the grant. PATION INITIATIVE. (A) target key groups such as retiring busi- (c) APPLICATIONS.—Each entity desiring a (a) ESTABLISHMENT.—The Secretary of ness owners, senior managers, unions, trade grant under this section shall submit an ap- Labor shall establish an Employee Owner- associations, community organizations, and plication to the Secretary at such time, in ship and Participation Initiative to promote economic development organizations; such manner, and accompanied by such in- employee ownership and employee participa- (B) encourage cooperation in the organiza- formation as the Secretary may reasonably tion in business decisionmaking. tion of workshops and conferences; and require. (b) FUNCTIONS.—In carrying out the Initia- (C) prepare and distribute materials con- (d) STATE APPLICATIONS.—Each State may tive, the Secretary shall— cerning employee ownership and participa- sponsor and submit an application under

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subsection (c) on behalf of any local entity himself, Ms. LANDRIEU, and Mr. REID)) (1) to purchase a company through an em- consisting of a unit of State or local govern- to the bill H.R. 5297, to create the ployee stock ownership plan or an eligible ment, State-supported institution of higher Small Business Lending Fund Program worker-owned cooperative, which shall be at education, or nonprofit organization, meet- to direct the Secretary of the Treasury least 51 percent employee owned, or will be- ing the requirements of this title. come at least 51 percent employee owned as (e) APPLICATIONS BY ENTITIES.— to make capital investments in eligible a result of financial assistance from the (1) ENTITY APPLICATIONS.—If a State fails institutions in order to increase the Bank; to support or establish a program pursuant availability of credit for small busi- (2) to allow a company that is less than 51 to this title during any fiscal year, the Sec- nesses, to amend the Internal Revenue percent employee owned to become at least retary shall, in the subsequent fiscal years, Code of 1986 to provide tax incentives 51 percent employee owned; allow local entities described in subsection for small business job creation, and for (3) to allow a company that is already at (d) from that State to make applications for other purposes; which was ordered to least 51 percent employee owned to increase grants under subsection (c) on their own ini- lie on the table; as follows: the level of employee ownership at the com- tiative. pany; and (2) APPLICATION SCREENING.—Any State At the appropriate place, insert the fol- (4) to allow a company that is already at failing to support or establish a program lowing: least 51 percent employee owned to expand pursuant to this title during any fiscal year SEC. lll. ESTABLISHMENT OF THE EMPLOYEE operations and increase or preserve employ- may submit applications under subsection OWNERSHIP BANK. ment. (c) in the subsequent fiscal years but may (a) FINDINGS.—Congress finds that— (e) PRECONDITIONS.—Before the Bank not screen applications by local entities de- (1) between December 2007 and May 2010, makes any subordinated loan or guarantees scribed in subsection (d) before submitting payroll employment in the United States fell a loan under subsection (d)(1), a business the applications to the Secretary. by 7,381,000; plan shall be submitted to the bank that— (f) LIMITATIONS.—A recipient of a grant (2) between January 2000 and May 2010, the (1) shows that— made under this section shall not receive, manufacturing sector lost 5,632,000 jobs; (A) not less than 51 percent of all interests during a fiscal year, in the aggregate, more (3) as of May 2010, fewer than 12,000,000 in the company is or will be owned or con- than the following amounts: workers in the United States were employed trolled by an employee stock ownership plan (1) For fiscal year 2011, $300,000. in the manufacturing sector, the fewest or eligible worker-owned cooperative; (2) For fiscal year 2012, $330,000. number of factory jobs since March 1941; (B) the board of directors of the company (3) For fiscal year 2013, $363,000. (4) at the end of 2009, the United States had is or will be elected by shareholders on a one (4) For fiscal year 2014, $399,300. a trade deficit of more than $374,908,000,000, share to one vote basis or by members of the (5) For fiscal year 2015, $439,200. including a $226,877,200,000 trade deficit with eligible worker-owned cooperative on a one (g) ANNUAL REPORT.—For each year, each China; member to one vote basis, except that shares recipient of a grant under this section shall (5) preserving and increasing decent paying held by the employee stock ownership plan submit to the Secretary a report describing jobs must be a top priority of Congress; will be voted according to section 409(e) of how grant funds allocated pursuant to this (6) providing loan guarantees, direct loans, the Internal Revenue Code of 1986, with par- section were expended during the 12-month and technical assistance to employees to buy ticipants providing voting instructions to period preceding the date of the submission their own companies will preserve and in- the trustee of the employee stock ownership of the report. crease employment in the United States; and plan in accordance with the terms of the em- SEC. l06. EVALUATIONS. (7) just as the United States Export-Import ployee stock ownership plan and the require- The Secretary is authorized to reserve not Bank was created in 1934, in the midst of the ments of that section 409(e); and more than 10 percent of the funds appro- Great Depression, as a way to increase (C) all employees will receive basic infor- priated for a fiscal year to carry out this United States jobs through exports, the time mation about company progress and have title, for the purposes of conducting evalua- has come to establish the United States Em- the opportunity to participate in day-to-day tions of the grant programs identified in sec- ployee Ownership Bank within the Depart- operations; and tion l05 and to provide related technical as- ment of the Treasury to preserve and expand (2) includes a feasibility study from an ob- sistance. jobs in the United States. jective third party with a positive deter- SEC. l07. REPORTING. (b) DEFINITIONS.—In this section— mination that the employee stock ownership Not later than the expiration of the 36- (1) the term ‘‘Bank’’ means the Unites plan or eligible worker-owned cooperative month period following the date of enact- States Employee Ownership Bank, estab- will generate enough of a margin to pay back ment of this Act, the Secretary shall prepare lished under section 4; any loan, subordinated loan, or loan guar- and submit to Congress a report— (2) the term ‘‘eligible worker-owned coop- antee that was made possible through the (1) on progress related to employee owner- erative’’ has the same meaning as in section Bank. ship and participation in businesses in the 1042(c)(2) of the Internal Revenue Code of (f) TERMS AND CONDITIONS FOR LOANS AND United States; and 1986; LOAN GUARANTEES.—Notwithstanding any (2) containing an analysis of critical costs (3) the term ‘‘employee stock ownership other provision of law, a loan that is pro- and benefits of activities carried out under plan’’ has the same meaning as in section vided or guaranteed under this section this title. 4975(e)(7) of the Internal Revenue Code of shall— 1986; and (1) bear interest at an annual rate, as de- SEC. l08. AUTHORIZATIONS OF APPROPRIA- (4) the term ‘‘Secretary’’ means the Sec- termined by the Secretary— TIONS. retary of the Treasury. (A) in the case of a direct loan under this (a) IN GENERAL.—There are authorized to (c) ESTABLISHMENT OF UNITED STATES EM- Act— be appropriated for the purpose of making PLOYEE OWNERSHIP BANK WITHIN THE DE- (i) sufficient to cover the cost of borrowing grants pursuant to section l5 the following: PARTMENT OF THE TREASURY.— to the Department of the Treasury for obli- (1) For fiscal year 2011, $3,850,000. (1) IN GENERAL.—Before the end of the 90- gations of comparable maturity; or (2) For fiscal year 2012, $6,050,000. day period beginning on the date of enact- (ii) of 4 percent; and (3) For fiscal year 2013, $8,800,000. ment of this Act, the Secretary shall estab- (B) in the case of a loan guaranteed under (4) For fiscal year 2014, $11,550,000. lish the United States Employee Ownership this section, in an amount that is equal to (5) For fiscal year 2015, $14,850,000. Bank, to foster increased employee owner- the current applicable market rate for a loan (b) ADMINISTRATIVE EXPENSES.—There are ship of United States companies and greater of comparable maturity; and authorized to be appropriated for the purpose employee participation in company decision (2) have a term not to exceed 12 years. of funding the administrative expenses re- making throughout the United States. (g) EMPLOYEE RIGHT OF FIRST REFUSAL BE- lated to the Initiative, for each of fiscal (2) ORGANIZATION OF THE BANK.— FORE PLANT OR FACILITY CLOSING.—Section 3 years 2011 through 2015, an amount not in ex- (A) MANAGEMENT.—The Secretary shall ap- of the Worker Adjustment and Retraining cess of— point a Director to serve as the head of the Notification Act (29 U.S.C. 2102) is amended— (1) $350,000; or Bank, who shall serve at the pleasure of the (1) in the section heading, by adding at the (2) 5.0 percent of the maximum amount Secretary. end the following: ‘‘ available under subsection (a) for that fiscal ; employee stock owner- (B) STAFF.—The Director may select, ap- year.– ship plans or eligible worker owned coopera- point, employ, and fix the compensation of tives’’; and such employees as are necessary to carry out (2) by adding at the end the following: SA 4440. Mr. SANDERS (for himself, the functions of the Bank. ‘‘(e) EMPLOYEE STOCK OWNERSHIP PLANS ROWN EAHY Mr. B of Ohio, and Mr. L ) (d) DUTIES OF BANK.—The Bank is author- AND ELIGIBLE WORKER-OWNED COOPERA- submitted an amendment intended to ized to provide loans, on a direct or guaran- TIVES.— be proposed to amendment SA 4402 pro- teed basis, which may be subordinated to the ‘‘(1) GENERAL RULE.—If an employer orders posed by Mr. REID (for Mr. BAUCUS (for interests of all other creditors— a plant or facility closing in connection with

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12390 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 the termination of its operations at such 1986 to provide tax incentives for small necessary for fiscal year 2011 and each subse- plant or facility, the employer shall offer its business job creation, and for other quent fiscal year.’’. employees an opportunity to purchase such purposes; which was ordered to lie on (2) TABLE OF CONTENTS.—The table of con- plant or facility through an employee stock the table; as follows: tents in section 1(b) of the Workforce Invest- ownership plan (as that term is defined in ment Act of 1998 is amended by inserting section 4975(e)(7) of the Internal Revenue At the end of title IV, insert the following: after the item relating to section 173A the Code of 1986) or an eligible worker-owned co- SECTION ll. ON-THE-JOB TRAINING. following: operative (as that term is defined in section (a) SHORT TITLE.—This section may be ‘‘Sec. 173B. On-the-job training.’’. 1042(c)(2) of the Internal Revenue Code of cited as the ‘‘On-the-Job Training Act of 2010’’. 1986) that is at least 51 percent employee SA 4442. Mr. BURRIS submitted an owned. The value of the company which is to (b) TRAINING.— be the subject of such plan or cooperative (1) IN GENERAL.—Subtitle D of title I of the amendment intended to be proposed to shall be the fair market value of the plant or Workforce Investment Act of 1998 is amended amendment SA 4402 proposed by Mr. facility, as determined by an appraisal by an by inserting after section 173A (29 U.S.C. REID (for Mr. BAUCUS (for himself, Ms. independent third party jointly selected by 2918a) the following: LANDRIEU, and Mr. REID)) to the bill the employer and the employees. The cost of ‘‘SEC. 173B. ON-THE-JOB TRAINING. H.R. 5297, to create the Small Business the appraisal may be shared evenly between ‘‘(a) DEFINITION.—In this section, the term Lending Fund Program to direct the the employer and the employees. ‘federally recognized tribal organization’ Secretary of the Treasury to make cap- ‘‘(2) EXEMPTIONS.—Paragraph (1) shall not means an entity described in section ital investments in eligible institu- apply— 166(c)(1). tions to order to increase the avail- ‘‘(A) if an employer orders a plant closing, ‘‘(b) GRANTS.—From the amount made but will retain the assets of such plant to available under subsection (g), and subject to ability of credit for small businesses, continue or begin a business within the subsection (d)— to amend the Internal Revenue Code of United States; or ‘‘(1) the Secretary shall make grants on a 1986 to provide tax incentives for small ‘‘(B) if an employer orders a plant closing discretionary basis to local areas, for adult business job creation, and for other and such employer intends to continue the on-the-job training, or dislocated worker on- purposes; which was ordered to lie on business conducted at such plant at another the-job-training, carried out under section the table; as follows: plant within the United States.’’. 134; and On page 113, between lines 17 and 18, insert (h) REGULATIONS ON SAFETY AND SOUND- ‘‘(2) using an amount that is not more than the following: NESS AND PREVENTING COMPETITION WITH 10 percent of the funds made available under COMMERCIAL INSTITUTIONS.—Before the end of subsection (g), the Secretary shall make SEC. 1348. NET WORTH THRESHOLD. the 90-day period beginning on the date of grants to States, local boards, and federally Section 8(a)(6) of the Small Business Act enactment of this Act, the Secretary of the recognized tribal organizations for devel- (15 U.S.C. 637(a)(6)) is amended by adding at Treasury shall prescribe such regulations as oping on-the-job training programs, in con- the end the following: are necessary to implement this section and sultation with the Secretary. ‘‘(F)(i) Subject to clause (ii), the Adminis- the amendments made by this section, in- ‘‘(c) APPLICATION.—To be eligible to receive trator may not establish the maximum net cluding— a grant under subsection (b), a State, local worth for participation in the program under (1) regulations to ensure the safety and board, or federally recognized tribal organi- this subsection in an amount less than soundness of the Bank; and zation shall submit an application to the $2,500,000. (2) regulations to ensure that the Bank Secretary at such time, in such manner, and ‘‘(ii) The amount under clause (i) shall be will not compete with commercial financial containing such information as the Sec- periodically adjusted by the Administrator institutions. retary may require. In preparing such an ap- to account for inflation.’’. (i) COMMUNITY REINVESTMENT CREDIT.— plication for a grant under subsection (b)(1), Section 804 of the Community Reinvestment a local board shall consult with the cor- SA 4443. Mr. UDALL of Colorado (for Act of 1977 (12 U.S.C. 2903) is amended by add- responding State. himself, Mr. SCHUMER, Mr. REID, Mr. ing at the end the following new subsection: ‘‘(d) REIMBURSEMENT OF WAGE RATES.— LIEBERMAN, Mrs. BOXER, Mrs. GILLI- ‘‘(l) ESTABLISHMENT OF EMPLOYEE STOCK Notwithstanding the limitation in section BRAND, Mr. SANDERS, and Mr. INOUYE) OWNERSHIP PLANS AND ELIGIBLE WORKER- 101(31)(B), in making the grants described in submitted an amendment intended to OWNED COOPERATIVES.—In assessing and tak- subsection (b)(1) the Secretary may allow for ing into account, under subsection (a), the be proposed by him to the bill H.R. higher levels of reimbursement of wage rates 5297, to create the Small Business record of a financial institution, the appro- the Secretary determines are appropriate priate Federal financial supervisory agency based on factors such as— Lending Fund Program to direct the may consider as a factor capital invest- ‘‘(1) employer size, in order to facilitate Secretary of the Treasury to make cap- ments, loans, loan participation, technical the participation of small- and medium-sized ital investments in eligible institu- assistance, financial advice, grants, and employers; tions to order to increase the avail- other ventures undertaken by the institution ‘‘(2) target populations, in order to en- ability of credit for small businesses, to support or enable employees to establish hance job creation for persons with barriers to amend the Internal Revenue Code of employee stock ownership plans or eligible to employment; and worker-owned cooperatives (as those terms 1986 to provide tax incentives for small ‘‘(3) the number of employees that will par- business job creation, and for other are defined in sections 4975(e)(7) and ticipate in the on-the-job training, the wage 1042(c)(2) of the Internal Revenue Code of and benefit levels of the employees (before purposes; which was ordered to lie on 1986, respectively), that are at least 51 per- the training and anticipated on completion the table; as follows: cent employee-owned plans or coopera- of the training), the relationship of the At the appropriate place, insert the fol- tives.’’. training to the competitiveness of the em- lowing: (j) AUTHORIZATION OF APPROPRIATIONS.— ployer and employees, and the existence of SEC. lll. LIMITS ON MEMBER BUSINESS There are authorized to be appropriated to other employer-provided training and ad- LOANS. the Secretary to carry out this section, vancement opportunities. (a) IN GENERAL.— $500,000,000 for fiscal year 2010, and such sums ‘‘(e) ADMINISTRATION.—The Secretary may (1) REVISED LIMITATION AND CRITERIA.—Ef- as may be necessary thereafter. – use an amount that is not more than 1 per- fective 6 months after the date of enactment SA 4441. Mrs. SHAHEEN (for herself cent of the funds made available under sub- of this Act, section 107A(a) of the Federal section (g) for the administration, manage- Credit Union Act (12 U.S.C. 1757a(a)) is and Mr. COCHRAN) submitted an amend- ment, and oversight of the programs, activi- amended to read as follows: ment intended to be proposed to ties, and grants, funded under subsection (b), ‘‘(a) LIMITATION.— amendment SA 4402 proposed by Mr. including the evaluation of, and dissemina- ‘‘(1) IN GENERAL.—Except as provided in REID (for Mr. BAUCUS (for himself, Ms. tion of information on lessons learned paragraph (2), an insured credit union may LANDRIEU, and Mr. REID)) to the bill through, the use of such funds. not make any member business loan that H.R. 5297, to create the Small Business ‘‘(f) RULE OF CONSTRUCTION.—Nothing in would result in the total amount of such Lending Fund Program to direct the this section shall be construed to affect the loans outstanding at that credit union at Secretary of the Treasury to make cap- manner in which subtitle B is implemented, any one time to be equal to more than the for activities funded through amounts appro- lesser of— ital investments in eligible institu- priated under section 137. ‘‘(A) 1.75 times the actual net worth of the tions to order to increase the avail- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— credit union; or ability of credit for small businesses, There is authorized to be appropriated to ‘‘(B) 12.25 percent of the total assets of the to amend the Internal Revenue Code of carry out this section such sums as may be credit union.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12391 ‘‘(2) ADDITIONAL AUTHORITY.—The Board (i) the types and asset size of insured credit amendment SA 4402 proposed by Mr. may approve an application by an insured unions making member business loans and REID (for Mr. BAUCUS (for himself, Ms. credit union upon a finding that the credit the member business loan limitations appli- LANDRIEU, and Mr. REID)) to the bill union meets the criteria under this para- cable to the insured credit unions; H.R. 5297, to create the Small Business graph to make 1 or more member business (ii) the overall amount and average size of loans that would result in a total amount of member business loans by each insured cred- Lending Fund Program to direct the such loans outstanding at any one time of it union; Secretary of the Treasury to make cap- not more than 27.5 percent of the total assets (iii) the ratio of member business loans by ital investments in eligible institu- of the credit union, if the credit union— insured credit unions to total assets and net tions in order to increase the avail- ‘‘(A) had member business loans out- worth; ability of credit for small businesses, standing at the end of each of the 4 consecu- (iv) the performance of the member busi- to amend the Internal Revenue Code of tive quarters immediately preceding the ness loans, including delinquencies and net 1986 to provide tax incentives for small date of the application, in a total amount of charge offs; business job creation, and for other not less than 80 percent of the applicable (v) the effect of this section on the number limitation under paragraph (1); of insured credit unions engaged in member purposes; which was ordered to lie on ‘‘(B) is well capitalized, as defined in sec- business lending, any change in the amount the table; as follows: tion 216(c)(1)(A); of member business lending, and the extent At the end of part IV of title II, insert the ‘‘(C) can demonstrate at least 5 years of ex- to which any increase is attributed to the following: perience of sound underwriting and servicing change in the limitation in section 107A(a) of SEC. —. TIME FOR PAYMENT OF MANUFACTUR- of member business loans; the Federal Credit Union Act, as amended by ERS’ EXCISE TAX ON RECREATIONAL ‘‘(D) has the requisite policies and experi- this Act; EQUIPMENT. ence in managing member business loans; (vi) the number, types, and asset size of in- (a) IN GENERAL.—Subsection (d) of section and sured credit unions that were denied or ap- 6302 of the Internal Revenue Code of 1986 (re- ‘‘(E) has satisfied other standards that the proved by the Board for increased member lating to mode or time of collection) is Board determines are necessary to maintain business loans under section 107A(a)(2), as amended to read as follows: the safety and soundness of the insured cred- amended by this Act, including denials and ‘‘(d) TIME FOR PAYMENT OF MANUFACTUR- it union. approvals under the tiered approval process; ERS’ EXCISE TAX ON RECREATIONAL EQUIP- ‘‘(3) EFFECT OF NOT BEING WELL CAPITAL- (vii) the types and sizes of businesses that MENT.—The taxes imposed by subchapter D IZED.—An insured credit union that has made receive member business loans, the duration of chapter 32 of this title (relating to taxes member business loans under an authoriza- of the credit union membership of the busi- on recreational equipment) shall be due and tion under paragraph (2) and that is not, as nesses at the time of the loan, the types of payable on the date for filing the return for such taxes.’’. of its most recent quarterly call report, well collateral used to secure member business (b) EFFECTIVE DATE.—The amendment capitalized, may not make any member busi- loans, and the income level of members re- ness loans, until such time as the credit made by subsection (a) shall apply to articles ceiving member business loans; and sold by the manufacturer, producer, or im- union becomes well capitalized, as reflected (viii) the effect of any increases in member in a subsequent quarterly call report, and ob- porter after the date of the enactment of this business loans on the risk to the National Act. tains the approval of the Board.’’. Credit Union Share Insurance Fund and the (b) IMPLEMENTATION.— assessments on insured credit unions. Ms. KLOBUCHAR (for her- (1) TIERED APPROVAL PROCESS.—The Board SA 4445. (2) GAO STUDY AND REPORT.— self, Mr. LEMIEUX, Mr. KERRY, Mrs. shall develop a tiered approval process, (A) STUDY.—The Comptroller General of SHAHEEN, and Mr. NELSON of Florida) under which an insured credit union gradu- the United States shall conduct a study on ally increases the amount of member busi- the status of member business lending by in- submitted an amendment intended to ness lending in a manner that is consistent sured credit unions, including— be proposed to amendment SA 4402 pro- with safe and sound operations, subject to (i) trends in such lending; posed by Mr. REID (for Mr. BAUCUS (for the limits established under section (ii) types and amounts of member business himself, Ms. LANDRIEU, and Mr. REID)) 107A(a)(2) of the Federal Credit Union Act (as loans; to the bill H.R. 5297, to create the amended by this Act). The rate of increase (iii) the effectiveness of this section in en- Small Business Lending Fund Program under the process established under this hancing small business lending; paragraph may not exceed 30 percent per to direct the Secretary of the Treasury (iv) recommendations for legislative ac- year. to make capital investments in eligible tion, if any, with respect to such lending; (2) RULEMAKING REQUIRED.—The Board and institutions in order to increase the shall issue proposed rules, not later than 6 (v) any other information that the Comp- availability of credit for small busi- months after the date of enactment of this troller General considers relevant with re- nesses, to amend the Internal Revenue Act, to establish the tiered approval process spect to such lending. Code of 1986 to provide tax incentives required under paragraph (1). The tiered ap- (B) REPORT.—Not later than 3 years after proval process shall establish standards de- for small business job creation, and for the date of enactment of this Act, the Comp- signed to ensure that the new business lend- other purposes; which was ordered to troller General shall submit a report to Con- ing capacity authorized under the amend- lie on the table; as follows: gress on the study required by subparagraph ment made by subsection (a) is being used On page 84, between lines 11 and 12, insert (A). only by insured credit unions that are well- the following: (d) DEFINITIONS.—In this section— managed and well capitalized, as required by (1) the term ‘‘Board’’ means the National SEC. 1210. GLOBAL BUSINESS DEVELOPMENT the amendments made under subsection (a) AND PROMOTION ACTIVITIES OF Credit Union Administration Board; and as defined by the rules issued by the THE DEPARTMENT OF COMMERCE. (2) the term ‘‘insured credit union’’ has the Board under this paragraph. (a) INCREASE IN EMPLOYEES WITH RESPONSI- meaning given that term in section 101 of the (3) CONSIDERATIONS.—In issuing rules re- BILITY FOR GLOBAL BUSINESS DEVELOPMENT Federal Credit Union Act (12 U.S.C. 1752); quired under this subsection, the Board shall AND PROMOTION ACTIVITIES.— (3) the term ‘‘member business loan’’ has consider— (1) IN GENERAL.—During the 24-month pe- the meaning given that term in section (A) the experience level of the institutions, riod beginning on the date of the enactment 107A(c)(1) of the Federal Credit Union Act (12 including a demonstrated history of sound of this Act, the Secretary of Commerce shall U.S.C. 1757a(c)(1)); member business lending; increase the number of full-time depart- (4) the term ‘‘net worth’’ has the meaning (B) the criteria under section 107A(a)(2) of mental employees whose primary respon- given that term in section 107A(c)(2) of the the Federal Credit Union Act, as amended by sibilities involve promoting or facilitating Federal Credit Union Act (12 U.S.C. this Act; and participation by United States businesses in 1757a(c)(2)); and (C) such other factors as the Board deter- the global marketplace and facilitating the (5) the term ‘‘well capitalized’’ has the mines necessary or appropriate. entry into, or expansion of, such participa- meaning given that term in section (c) REPORTS TO CONGRESS ON MEMBER BUSI- tion by United States businesses. In carrying NESS LENDING.— 216(c)(1)(A) of the Federal Credit Union Act out this subsection, the Secretary shall en- (1) REPORT OF THE BOARD.— (12 U.S.C. 1709d(c)(1)(A)). sure that— (A) IN GENERAL.—Not later than 3 years Mr. REID (for himself, Mr. (A) the cohort of such employees is in- after the date of enactment of this Act, the SA 4444. creased by not less than 80 persons; and Board shall submit a report to Congress on CRAPO, Mr. ENSIGN, Mr. LIEBERMAN, (B) a substantial portion of the increased member business lending by insured credit Mrs. SHAHEEN, Mrs. LINCOLN, Mr. cohort is stationed outside the United unions. TESTER, Ms. STABENOW, Mr. WICKER States. (B) REPORT.—The report required under and Mr. COBURN) submitted an amend- (2) ENHANCED FOCUS ON UNITED STATES subparagraph (A) shall include— ment intended to be proposed to SMALL- AND MEDIUM-SIZED BUSINESSES.—In

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12392 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 carrying out this subsection, the Secretary merce for the period beginning on the date of cies to deliver export promotion services in shall take such action as may be necessary the enactment of this Act and ending 18 their local communities in order to extend to ensure that the activities of the Depart- months thereafter, $15,000,000 for the Manu- the outreach of United States and Foreign ment of Commerce relating to promoting facturing and Services unit of the Inter- Commercial Service programs. and facilitating participation by United national Trade Administration— SEC. 1216. REPORT ON TARIFF AND NONTARIFF States businesses in the global marketplace (1) to establish public-private partnerships BARRIERS. include promoting and facilitating such par- under the Market Development Cooperator Not later than 90 days after the date of the ticipation by small and medium-sized busi- Program of the International Trade Admin- enactment of this Act, the Secretary of Com- nesses in the United States. istration; and merce, in consultation with the United (3) AUTHORIZATION OF APPROPRIATIONS.— (2) to underwrite a portion of the start-up States Trade Representative and other ap- There are authorized to be appropriated to costs for new projects carried out under that propriate entities, shall report to Congress the Secretary for each of the fiscal years 2011 Program to strengthen the competitiveness on the tariff and nontariff barriers imposed and 2012 such sums as may be necessary to and market share of United States industry, by Colombia, the Republic of Korea, and carry out this section. not to exceed, for each such project, the less- Panama with respect to exports of articles (b) ADDITIONAL FUNDING FOR GLOBAL BUSI- er of— from the United States, including articles NESS DEVELOPMENT AND PROMOTION ACTIVI- (A) 1⁄3 of the total start-up costs for the exported or produced by small- and medium- TIES OF THE DEPARTMENT OF COMMERCE.— project; or sized businesses in the United States. (1) IN GENERAL.—There are authorized to be (B) $500,000. appropriated to the Secretary of Commerce (b) REQUIREMENTS.—In obligating and ex- SA 4446. Ms. SNOWE submitted an for the period beginning on the date of the pending the funds authorized to be appro- amendment intended to be proposed to enactment of this Act and ending 18 months priated by subsection (a), the Secretary of thereafter, $30,000,000 to promote or facili- Commerce shall give preference to activities amendment SA 4402 proposed by Mr. tate participation by United States busi- that— REID (for Mr. BAUCUS (for himself, Ms. nesses in the global marketplace and facili- (1) assist small- and medium-sized busi- LANDRIEU, and Mr. REID)) to the bill tating the entry into, or expansion of, such nesses in the United States; and H.R. 5297, to create the Small Business participation by United States businesses. (2) the Secretary determines will create or Lending Fund Program to direct the (2) REQUIREMENTS.—In obligating and ex- sustain the greatest number of jobs in the Secretary of the Treasury to make cap- pending the funds authorized to be appro- United States and obtain the maximum re- ital investments in eligible institu- priated by paragraph (1), the Secretary of turn on investment. tions in order to increase the avail- Commerce shall give preference to activities SEC. 1214. HOLLINGS MANUFACTURING PART- that— NERSHIP PROGRAM; TECHNOLOGY ability of credit for small businesses, (A) assist small- and medium-sized busi- INNOVATION PROGRAM. to amend the Internal Revenue Code of nesses in the United States; and (a) HOLLINGS MANUFACTURING PARTNERSHIP 1986 to provide tax incentives for small (B) the Secretary determines will create or PROGRAM.—Section 25(f) of the National In- business job creation, and for other sustain the greatest number of jobs in the stitute of Standards and Technology Act (15 U.S.C. 278k(f)) is amended by adding at the purposes; which was ordered to lie on United States and obtain the maximum re- the table; as follows: turn on investment. end the following: On page 84, between lines 11 and 12, insert SEC. 1211. ADDITIONAL FUNDING TO IMPROVE ‘‘(7) GLOBAL MARKETPLACE PROJECTS.—In ACCESS TO GLOBAL MARKETS FOR making awards under this subsection, the the following: RURAL BUSINESSES. Director, in consultation with the Manufac- SEC. 1210. TREATMENT OF CERTAIN FOOTWEAR. (a) IN GENERAL.—There are authorized to turing Extension Partnership Advisory (a) IN GENERAL.—The Additional U.S. be appropriated to the Secretary of Com- Board and the Secretary of Commerce, Notes to chapter 64 of the Harmonized Tariff merce $5,000,000 for each of the fiscal years may— Schedule of the United States are amended 2011 and 2012 for improving access to the ‘‘(A) take into consideration whether an by adding at the end the following: global marketplace for goods and services application has significant potential for en- ‘‘5. For the purposes of determining the provided by rural businesses in the United hancing the competitiveness of small and constituent material of the outer sole pursu- States. medium-sized United States manufacturers ant to Note 4(b) to this chapter, no account (b) REQUIREMENTS.—In obligating and ex- in the global marketplace; and shall be taken of textile materials which do pending the funds authorized to be appro- ‘‘(B) give a preference to applications for not possess the characteristics usually re- priated by subsection (a), the Secretary of such projects to the extent the Director quired for normal use of an outer sole, in- Commerce shall give preference to activities deems appropriate, taking into account the cluding durability and strength.’’. that— broader purposes of this subsection.’’. (b) EFFECTIVE DATE.—The amendment (1) assist small- and medium-sized busi- (b) TECHNOLOGY INNOVATION PROGRAM.—In made by subsection (a) applies to goods en- nesses in the United States; and awarding grants, cooperative agreements, or tered, or withdrawn from warehouse for con- (2) the Secretary determines will create or contracts under section 28 of the National sumption, on or after the date that is 15 days sustain the greatest number of jobs in the Institute of Standards and Technology Act after the date of enactment of this Act. United States and obtain the maximum re- (15 U.S.C. 278n), in addition to the award cri- turn on investment. teria set forth in subsection (c) of that sec- SA 4447. Mr. DORGAN submitted an SEC. 1212. ADDITIONAL FUNDING FOR THE tion, the Director of the National Institute amendment intended to be proposed to EXPORTECH PROGRAM. of Standards and Technology may take into (a) IN GENERAL.—There are authorized to consideration whether an application has amendment SA 4402 proposed by Mr. be appropriated to the Secretary of Com- significant potential for enhancing the com- REID (for Mr. BAUCUS (for himself, Ms. merce $11,000,000 for the period beginning on petitiveness of small- and medium-sized LANDRIEU, and Mr. REID)) to the bill the date of the enactment of this Act and businesses in the United States in the global H.R. 5297, to create the Small Business ending 18 months thereafter, to expand marketplace. The Director shall consult with Lending Fund Program to direct the ExporTech, a joint program of the Hollings the Technology Innovation Program Advi- Secretary of the Treasury to make cap- sory Board and the Secretary of Commerce Manufacturing Partnership Program and the ital investments in eligible institu- Export Assistance Centers of the Depart- in implementing this subsection. ment of Commerce. SEC. 1215. SENSE OF THE SENATE CONCERNING tions in order to increase the avail- (b) REQUIREMENTS.—In obligating and ex- FEDERAL COLLABORATION WITH ability of credit for small businesses, pending the funds authorized to be appro- STATES ON EXPORT PROMOTION to amend the Internal Revenue Code of priated by subsection (a), the Secretary of ISSUES. 1986 to provide tax incentives for small Commerce shall give preference to activities It is the sense of the Senate that the Sec- retary of Commerce should enhance Federal business job creation, and for other that— purposes; which was ordered to lie on (1) assist small- and medium-sized busi- collaboration with the States on export pro- nesses in the United States; and motion issues by— the table; as follows: (2) the Secretary determines will create or (1) providing the necessary training to the At the end of part I of subtitle B of title II, sustain the greatest number of jobs in the staff at State international trade agencies to add the following: United States and obtain the maximum re- enable them to assist the United States and SEC. lll. TAXATION OF INCOME OF CON- turn on investment. Foreign Commercial Service (established by TROLLED FOREIGN CORPORATIONS section 2301 of the Export Enhancement Act SEC. 1213. ADDITIONAL FUNDING FOR THE MAR- ATTRIBUTABLE TO IMPORTED PROP- KET DEVELOPMENT COOPERATOR of 1988 (15 U.S.C. 4721)) in providing coun- ERTY. PROGRAM OF THE DEPARTMENT OF seling and other export services to busi- (a) GENERAL RULE.—Subsection (a) of sec- COMMERCE. nesses in their communities; and tion 954 of the Internal Revenue Code of 1986 (a) IN GENERAL.—There are authorized to (2) entering into agreements with State (defining foreign base company income) is be appropriated to the Secretary of Com- international trade agencies for those agen- amended by striking the period at the end of

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12393 paragraph (5) and inserting ‘‘, and’’, by redes- means any person who is not a related per- 1986 to provide tax incentives for small ignating paragraph (5) as paragraph (4), and son with respect to the controlled foreign business job creation, and for other by adding at the end the following new para- corporation. purposes; which was ordered to lie on graph: ‘‘(D) COORDINATION WITH FOREIGN BASE COM- the table; as follows: ‘‘(5) imported property income for the tax- PANY SALES INCOME.—For purposes of this able year (determined under subsection (j) section, the term ‘foreign base company On page 41, between lines 3 and 4, insert and reduced as provided in subsection sales income’ shall not include any imported the following: (b)(5)).’’. property income.’’. SEC. 1137. REBUILDING COUNTIES. (b) DEFINITION OF IMPORTED PROPERTY IN- (c) SEPARATE APPLICATION OF LIMITATIONS (a) IN GENERAL.—Section 3(p) of the Small COME.—Section 954 of the Internal Revenue ON FOREIGN TAX CREDIT FOR IMPORTED PROP- Business Act (15 U.S.C. 632(p)) is amended— Code of 1986 is amended by adding at the end ERTY INCOME.— (1) in paragraph (1)— the following new subsection: (1) IN GENERAL.—Paragraph (1) of section (A) in subparagraph (D), by striking ‘‘or’’ ‘‘(j) IMPORTED PROPERTY INCOME.— 904(d) of the Internal Revenue Code of 1986 at the end; ‘‘(1) IN GENERAL.—For purposes of sub- (relating to separate application of section (B) in subparagraph (E), by striking the pe- section (a)(5), the term ‘imported property with respect to certain categories of income) riod at the end and inserting ‘‘; or’’; and income’ means income (whether in the form is amended by striking ‘‘and’’ at the end of (C) by adding at the end the following: of profits, commissions, fees, or otherwise) subparagraph (A), by redesignating subpara- ‘‘(F) rebuilding counties.’’; and derived in connection with— graph (B) as subparagraph (C), and by insert- (2) in paragraph (4), by adding at the end ‘‘(A) manufacturing, producing, growing, ing after subparagraph (A) the following new the following: or extracting imported property; subparagraph: ‘‘(E) REBUILDING COUNTIES.— ‘‘(B) the sale, exchange, or other disposi- ‘‘(B) imported property income, and’’. ‘‘(i) IN GENERAL.—The term ‘rebuilding tion of imported property; or (2) IMPORTED PROPERTY INCOME DEFINED.— county’ means an initial period rebuilding ‘‘(C) the lease, rental, or licensing of im- Paragraph (2) of section 904(d) of such Code is county or an extension period rebuilding ported property. amended by redesignating subparagraphs (I), county. Such term shall not include any foreign oil (J), and (K) as subparagraphs (J), (K), and ‘‘(ii) INITIAL PERIOD REBUILDING COUNTY.— and gas extraction income (within the mean- (L), respectively, and by inserting after sub- The term ‘initial period rebuilding county’ ing of section 907(c)) or any foreign oil re- paragraph (H) the following new subpara- means a county, parish, or similar political lated income (within the meaning of section graph: subdivision— 907(c)). ‘‘(I) IMPORTED PROPERTY INCOME.—The ‘‘(I) for which the Administrator deter- ‘‘(2) IMPORTED PROPERTY.—For purposes of term ‘imported property income’ means any mines that the 1-year unemployment rate this subsection— income received or accrued by any person average is not less than 120 percent of the 1- ‘‘(A) IN GENERAL.—Except as otherwise pro- which is of a kind which would be imported year average unadjusted unemployment rate vided in this paragraph, the term ‘imported property income (as defined in section for the United States, based on the most re- property’ means property which is imported 954(j)).’’. cent data available from the Secretary of into the United States by the controlled for- (3) CONFORMING AMENDMENT.—Clause (ii) of Labor; eign corporation or a related person. section 904(d)(2)(A) of such Code is amended ‘‘(II) that— ‘‘(B) IMPORTED PROPERTY INCLUDES CERTAIN by inserting ‘‘or imported property income’’ ‘‘(aa) as of the date of the determination PROPERTY IMPORTED BY UNRELATED PER- after ‘‘passive category income’’. under subclause (I), is not a HUBZone; or SONS.—The term ‘imported property’ in- (d) TECHNICAL AMENDMENTS.— ‘‘(bb) will cease to qualify as a HUBZone cludes any property imported into the (1) Clause (iii) of section 952(c)(1)(B) of the not later than 2 years after the date of the United States by an unrelated person if, Internal Revenue Code of 1986 (relating to determination under subclause (I); and when such property was sold to the unrelated certain prior year deficits may be taken into ‘‘(III) during the 3-year period beginning on person by the controlled foreign corporation account) is amended— the date on which the Administrator makes (or a related person), it was reasonable to ex- (A) by redesignating subclauses (II), (III), the determination under subclause (I). pect that— (IV), and (V) as subclauses (III), (IV), (V), and ‘‘(iii) EXTENSION PERIOD REBUILDING COUN- ‘‘(i) such property would be imported into (VI), and TY.—The term ‘extension period rebuilding the United States; or (B) by inserting after subclause (I) the fol- county’ means a county, parish, or similar ‘‘(ii) such property would be used as a com- lowing new subclause: political subdivision— ponent in other property which would be im- ‘‘(II) imported property income,’’. ‘‘(I) for which the Administrator has made ported into the United States. (2) The last sentence of paragraph (4) of a determination under clause (ii)(I); ‘‘(C) EXCEPTION FOR PROPERTY SUBSE- section 954(b) of such Code (relating to ex- ‘‘(II) for which the 3-year period described QUENTLY EXPORTED.—The term ‘imported ception for certain income subject to high in clause (ii)(III) has ended; property’ does not include any property foreign taxes) is amended by striking ‘‘sub- ‘‘(III) for which the Administrator deter- which is imported into the United States and section (a)(5)’’ and inserting ‘‘subsection mines that the average unemployment rate which— (a)(4)’’. for the 1-year period ending on the date on ‘‘(i) before substantial use in the United (3) Paragraph (5) of section 954(b) of such which the 3-year period described in clause States, is sold, leased, or rented by the con- Code (relating to deductions to be taken into (ii)(III) ends is not less than 140 percent of trolled foreign corporation or a related per- account) is amended by striking ‘‘and the the 1-year average unadjusted unemploy- son for direct use, consumption, or disposi- foreign base company oil related income’’ ment rate for the United States, based on tion outside the United States; or and inserting ‘‘the foreign base company oil the most recent data available from the Sec- ‘‘(ii) is used by the controlled foreign cor- related income, and the imported property retary of Labor; and poration or a related person as a component income’’. ‘‘(IV) during the period beginning on the in other property which is so sold, leased, or (e) EFFECTIVE DATE.—The amendments date on which the Administrator makes the rented. made by this section shall apply to taxable determination under subclause (III) and end- ‘‘(D) EXCEPTION FOR CERTAIN AGRICULTURAL years of foreign corporations beginning after ing on the earlier of— COMMODITIES.—The term ‘imported property’ the date of the enactment of this Act, and to ‘‘(aa) the date that is 3 years after the date does not include any agricultural commodity taxable years of United States shareholders of the determination under subclause (III); which is not grown in the United States in within which or with which such taxable and commercially marketable quantities. years of such foreign corporations end. ‘‘(bb) the date on which the Bureau of the ‘‘(3) DEFINITIONS AND SPECIAL RULES.— Census publicly releases the initial results of SA 4448. Mr. MERKLEY (for himself ‘‘(A) IMPORT.—For purposes of this sub- the first decennial census occurring after the section, the term ‘import’ means entering, or and Mr. BOND) submitted an amend- date of the determination under subclause withdrawal from warehouse, for consumption ment intended to be proposed to (III). or use. Such term includes any grant of the amendment SA 4402 proposed by Mr. ‘‘(iv) 1-YEAR UNEMPLOYMENT RATE AVER- right to use intangible property (as defined REID (for Mr. BAUCUS (for himself, Ms. AGE.—The term ‘1-year unemployment rate in section 936(h)(3)(B)) in the United States. LANDRIEU, and Mr. REID)) to the bill average’ means the average unemployment ‘‘(B) UNITED STATES.—For purposes of this H.R. 5297, to create the Small Business rate, based on the most recent data available subsection, the term ‘United States’ includes Lending Fund Program to direct the from the Secretary of Labor, during any 1- the Commonwealth of Puerto Rico, the Vir- Secretary of the Treasury to make cap- year period during the period— gin Islands of the United States, Guam, ‘‘(I) beginning on the date on which a re- American Samoa, and the Commonwealth of ital investments in eligible institu- cession begins, as determined by the Na- the Northern Mariana Islands. tions in order to increase the avail- tional Bureau of Economic Research; and ‘‘(C) UNRELATED PERSON.—For purposes of ability of credit for small businesses, ‘‘(II) ending on the date that is 180 days this subsection, the term ‘unrelated person’ to amend the Internal Revenue Code of after the date on which the National Bureau

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.002 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12394 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 of Economic Research publicly releases the by invitation only. However, those mittee on Environment and Public determination under subclause (I).’’. wishing to submit written testimony Works be authorized to meet during (b) RECESSION OF 2007.—For purposes of ap- for the hearing record should send it to the session of the Senate on June 30, plying section 3(p)(4) of the Small Business the Committee on Energy and Natural Act, as added by subsection (a), in relation 2010, at 9 a.m. in room 406 of the Dirk- to the recession announced by the National Resources, United States Senate, sen Senate Office Building. Bureau of Economic Research on December Washington, DC 20510–6150, or by email The PRESIDING OFFICER. Without 1, 2008, the term ‘‘1-year unemployment rate to [email protected]. objection, it is so ordered. average’’ means the average unemployment For further information, please con- COMMITTEE ON FINANCE rate during the 1-year period ending on the tact Tanya Trujillo or Gina Weinstock. Mr. CARPER. Mr. President, I ask date of enactment of this Act, based on the f unanimous consent that the Com- most recent data available from the Sec- mittee on Finance be authorized to retary of Labor. AUTHORITY FOR COMMITTEES TO MEET meet during the session of the Senate f on June 30, 2010. NOTICE OF INTENT TO OBJECT TO COMMITTEE ON AGRICULTURE, NUTRITION, AND The PRESIDING OFFICER. Without FORESTRY PROCEEDING objection, it is so ordered. Mr. CARPER. Mr. President, I ask COMMITTEE ON HOMELAND SECURITY AND Mr. COBURN, pursuant to the provi- unanimous consent that the Com- sions of section 512 of Public Law 100– GOVERNMENTAL AFFAIRS mittee on Agriculture, Nutrition, and Mr. CARPER. Mr. President, I ask 81, submitted his notice of intent to Forestry be authorized to meet during proceed to consider the bill (S. 1237) to unanimous consent that the Com- the session of the Senate on June 30, mittee on Homeland Security and Gov- amend title 38, United States Code, to 2010 at 9:30 a.m. in room G50 of the expand the grant program for homeless ernmental Affairs be authorized to Dirksen Senate Office Building. meet during the session of the Senate veterans with special needs to include The PRESIDING OFFICER. Without on June 30, 2010, at 10 a.m. to conduct male homeless veterans with minor de- objection, it is so ordered. a hearing entitled ‘‘Nuclear Terrorism: pendents and to establish a grant pro- COMMITTEE ON BANKING, HOUSING, AND URBAN Strengthening Our Domestic Defenses, gram for reintegration of homeless AFFAIRS women veterans and homeless veterans Mr. CARPER. Mr. President, I ask Part I.’’ The PRESIDING OFFICER. Without with children, and for other purposes, unanimous consent that the Com- objection, it is so ordered. dated June 24, 2010. mittee on Banking, Housing, and [Letter with reasons for objection ap- Urban Affairs be authorized to meet COMMITTEE ON INDIAN AFFAIRS Mr. CARPER. Mr. President, I ask pear in the CONGRESSIONAL RECORD on during the session of the Senate on June 29, 2010] June 30, 2010, at 10 a.m., to conduct a unanimous consent that the Com- mittee on Indian Affairs be authorized f hearing entitled ‘‘Green Housing for the 21th Century: Retrofitting the Past to meet during the session of the Sen- RELINQUISHING OF OBJECTION TO and Building an Energy-Efficient Fu- ate on June 30, 2010, at 9:30 a.m. in EXECUTIVE NOMINATIONS ture.’’ room 628 of the Dirksen Senate Office I, Senator TOM COBURN, do not object The PRESIDING OFFICER. Without Building. to proceeding to the following nomina- objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. tions: COMMITTEE ON COMMERCE, SCIENCE, AND 802—Victor Ashe, of Tennessee, to be a TRANSPORTATION COMMITTEE ON THE JUDICIARY Member of the Broadcasting Board of Gov- Mr. CARPER. Mr. President, I ask Mr. CARPER. Mr. President, I ask ernors. unanimous consent that the Com- unanimous consent that the Com- 804—Walter Isaacson, of Louisiana, to be mittee on Commerce, Science, and mittee on the Judiciary be authorized Chairman of the Broadcasting Board of Gov- Transportation be authorized to meet to meet during the session of the Sen- ernors. ate, on June 30, 2010, at 9 a.m., in room 805—Michael Lynton, of California, to be a during the session of the Senate on Member of the Broadcasting Board of Gov- June 30, 2010, at 10 a.m., in room 253 of SH–216 of the Hart Senate Office Build- ernors. the Russell Senate Office Building. ing, to continue the hearing on the 806—Susan McCue, of Virginia, to be a The PRESIDING OFFICER. Without nomination of Elena Kagan to be an Member of the Broadcasting Board of Gov- objection, it is so ordered. Associate Justice of the Supreme Court ernors. COMMITTEE ON ENERGY AND NATURAL of the United States. 807—Dennis Mulhaupt, of California, to be RESOURCES The PRESIDING OFFICER. Without a Member of the Broadcasting Board of Gov- objection, it is so ordered. ernors. Mr. CARPER. Mr. President, I ask 808—S. Enders Wimbush, of Virginia, to be unanimous consent that the Com- AD HOC SUBCOMMITTEE ON CONTRACTING a Member of the Broadcasting Board of Gov- mittee on Energy and Natural Re- OVERSIGHT ernors. sources be authorized to meet during Mr. CARPER. Mr. President, I ask f the session of the Senate on June 30 at unanimous consent that the Ad Hoc 9:30 a.m., in room SD–366 of the Dirk- Subcommittee on Contracting Over- NOTICE OF HEARING sen Senate Office Building. sight of the Committee on Homeland SUBCOMMITTEE ON WATER AND POWER The PRESIDING OFFICER. Without Security and Governmental Affairs be Mr. BINGAMAN. Mr. President, I objection, it is so ordered. authorized to meet during the session would like to announce for the infor- COMMITTEE ON ENERGY AND NATURAL of the Senate on June 30, 2010, at 2:30 mation of the Senate and the public RESOURCES p.m. to conduct a hearing entitled, that the hearing before the Sub- Mr. CARPER. Mr. President, I ask ‘‘Interagency Contracts (Part II): Man- committee on Water and Power pre- unanimous consent that the Com- agement and Oversight.’’ viously announced for July 1, has been mittee on Energy and Natural Re- The PRESIDING OFFICER. Without rescheduled and will now be held on sources be authorized to meet during objection, it is so ordered. Wednesday, July 14, 2010, at 3:30 p.m., the session of the Senate to conduct a SPECIAL COMMITTEE ON AGING in room SD–366 of the Dirksen Senate hearing on June 30, at 2:30 p.m. in room Mr. CARPER. Mr. President, I ask Office Building. SD–366 of the Dirksen Senate Office unanimous consent that the Special The purpose of this oversight hearing Building. Committee on Aging be authorized to is to examine the Federal response to The PRESIDING OFFICER. Without meet during the session of the Senate the discovery of the aquatic invasive objection, it is so ordered. on June 30, 2010, from 2–5 p.m. in Dirk- species Asian carp in Lake Calumet, Il- COMMITTEE ON ENVIRONMENT AND PUBLIC sen 106 for the purpose of conducting a linois. WORKS hearing. Because of the limited time available Mr. CARPER. Mr. President, I ask The PRESIDING OFFICER. Without for the hearing, witnesses may testify unanimous consent that the Com- objection, it is so ordered.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.003 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12395 PRIVILEGES OF THE FLOOR as a great nation, and reaffirming the deep NATIONAL ESIGN DAY 2010 bonds of trust and values between the United Mr. HARKIN. Mr. President, I ask States and Romania, a trusted and most val- unanimous consent that Sarah Cramer ued ally. COMMEMORATING THE REMARK- and Michael Crusinberry of my staff be There being no objection, the Senate ABLE LIFE OF CHAPLAIN HENRY granted the privilege of the floor for VINTON PLUMMER the duration of today’s proceedings. proceeded to consider the concurrent The PRESIDING OFFICER. Without resolution. objection, it is so ordered. Mr. CARPER. Mr. President, I ask SUMMER FOOD SERVICE PROGRAM Mr. HARKIN. Mr. President, I ask unanimous consent that the concur- AWARENESS MONTH unanimous consent that Heidi McDon- rent resolution be agreed to, the pre- Mr. CARPER. Mr. President, I ask ald and Amanda Spinney from Senator amble be agreed to, and the motion to unanimous consent that the Senate BINGAMAN’s office be granted the privi- reconsider be laid upon the table. proceed to the immediate consider- lege of the floor for the remainder of The PRESIDING OFFICER. Without ation en bloc of the following resolu- today. objection, it is so ordered. tions which were submitted earlier The PRESIDING OFFICER. Without The concurrent resolution (S. Con. today: S. Res. 576, S. Res. 577, and S. objection, it is so ordered. Res. 67) was agreed to. Res. 578. Mr. HARKIN. Mr. President, I ask The preamble was agreed to. Without objection, the Senate pro- unanimous consent that Adam Pelzer The concurrent resolution, with its ceeded to consider the resolutions. and Madeline Daniels of my staff be preamble, reads as follows: Mr. CARPER. Mr. President, I ask granted floor privileges for the dura- unanimous consent that the resolu- tion of today’s proceedings. S. CON. RES. 67 tions be agreed to, the preambles be The PRESIDING OFFICER. Without Whereas the United States established dip- agreed to, the motions to reconsider be objection, it is so ordered. lomatic relations with Romania in June 1880; Whereas the United States and Romania laid upon the table en bloc, with no in- f are two countries united by shared values tervening action or debate, and any AIRPORT AND AIRWAY EXTENSION and a strong commitment to freedom, de- statements relating to the resolutions ACT OF 2010, PART II mocracy, and prosperity; be printed in the RECORD. Whereas Romania has shown, for the past The PRESIDING OFFICER. Without Mr. CARPER. Mr. President, I ask 20 years, remarkable leadership in advancing objection, it is so ordered. unanimous consent that the Senate security and democratic principles in East- The resolutions (S. Res. 576, S. Res. proceed to the immediate consider- ern Europe, the Western Balkans, and the 577, and S. Res. 578) were agreed to. ation of H.R. 5611, which was received Black Sea region, and has amply partici- The preambles were agreed to. from the House. pated to the forging of a wider Europe, whole and free; The resolutions, with their pre- The PRESIDING OFFICER. The Whereas Romania’s commitment to meet- ambles, read as follows: clerk will report the bill by title. ing the greatest responsibilities and chal- S. RES. 576 The assistant legislative clerk read lenges of the 21st century is and has been re- as follows: flected by its contribution to the inter- Whereas the Electronic Signatures in Glob- al and National Commerce Act (ESIGN) (15 A bill (H.R. 5611) to amend the Internal national efforts of stabilization in Afghani- U.S.C. 7001 et seq.) was enacted on June 30, Revenue Code of 1986 to extend the funding stan and Iraq, its decision to participate in 2000, to ensure that a signature, contract, or and expenditure authority of the Airport and the United States missile defense system in other record relating to a transaction may Airway Trust Fund, to amend title 49, United Europe, its leadership in regional non- not be denied legal effect, validity, or en- States Code, to extend authorizations for the proliferation and arms control, its active forceability solely because the signature, airport improvement program, and for other pursuit of energy security solutions for contract, or other record is in electronic purposes. South Eastern Europe, and its substantial role in shaping a strong and effective North form; There being no objection, the Senate Atlantic Alliance; Whereas in that Act, Congress directed the proceeded to consider the bill. Whereas the strategic partnership that ex- Secretary of Commerce to take all actions Mr. CARPER. Mr. President, I ask ists between the United States and Romania necessary to eliminate or reduce, to the unanimous consent that the bill be has greatly advanced the common interests maximum extent possible, the impediments read a third time and passed, the mo- of the United States and Romania in pro- to commerce in electronic signatures, for the moting transatlantic and regional security purpose of facilitating the development of tion to reconsider be laid upon the interstate and foreign commerce; and table, and that any statements relating and free market opportunities, and should continue to provide for more economic and Whereas June 30, 2010, marks the 10th anni- to the bill be printed in the RECORD. cultural exchanges, trade and investment, versary of the enactment of ESIGN and The PRESIDING OFFICER. Without and people-to-people contacts between the would be an appropriate date to designate as objection, it is so ordered. United States and Romania; ‘‘National ESIGN Day 2010’’: Now, therefore, The bill (H.R. 5611) was ordered to a Whereas the talent, energy, and creativity be it third reading, was read the third time, of the Romanian people have nurtured a vi- Resolved, That the Senate— and passed. brant society and nation, embracing entre- (1) supports the designation of a ‘‘National preneurship, technological advance and inno- ESIGN Day 2010’’; f vation, and rooted deeply in the respect for (2) recognizes the contribution made by CELEBRATING 130 YEARS OF education, culture, and international co- Congress in the Electronic Signatures in UNITED STATES-ROMANIAN DIP- operation; and Global and National Commerce Act (ESIGN) (15 U.S.C. 7001 et seq.) to the adoption of LOMATIC RELATIONS Whereas Romanian Americans have con- tributed greatly to the history and develop- modern solutions that keep the United Mr. CARPER. Mr. President, I ask ment of the United States, and their rich States on the leading technological edge; unanimous consent that the Senate cultural heritage and commitment to fur- and now proceed to the consideration of S. thering close relations between Romania and (3) reaffirms the commitment of the Sen- Con. Res. 67, which was submitted ear- the United States should be properly recog- ate to facilitating interstate and foreign commerce in an increasingly digital world. lier today. nized and praised: Now, therefore, be it The PRESIDING OFFICER. The Resolved by the Senate (the House of Rep- S. RES. 577 clerk will report the resolution by resentatives concurring), That Congress— Whereas Henry Vinton Plummer was born title. (1) celebrates the 130th anniversary of into slavery on July 31, 1844, in Prince United States-Romanian diplomatic rela- George’s County, Maryland and escaped from The assistant legislative clerk read tions; slavery to serve honorably in the U.S. Navy as follows: (2) congratulates the Romanian people on during the Civil War; A concurrent resolution (S. Con. Res. 67), their achievements as a great nation; and Whereas Henry Plummer was assigned in celebrating 130 years of United States-Roma- (3) reaffirms the deep bonds of trust and 1864 to the Union gunboat U.S.S. Coeur de nian diplomatic relations, congratulating values between the United States and Roma- Lion, which engaged numerous Confederate the Romanian people on their achievements nia. ships trying to run Union blockades in the

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.003 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12396 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 June 30, 2010 Chesapeake Bay and its tributaries during an average 2,900,000 children each weekday journs on any legislative day from Thursday, the Civil War; during the summer; July 1, 2010, through Saturday, July 3, 2010, Whereas after being honorably discharged Whereas there are 34,700 feeding sites in on a motion offered pursuant to this concur- from the Navy in 1865, Henry Plummer stud- low-income neighborhoods located at rent resolution by its Majority Leader or his ied to become a minister, and felt called to churches, schools, parks, recreation centers, designee, it stand adjourned until 2 p.m. on serve again in the United States military; and summer camps in all 50 States; Tuesday, July 13, 2010, or until the time of Whereas in 1866, the 39th Congress passed Whereas thousands volunteer at summer any reassembly pursuant to section 2 of this legislation to establish African-American feeding sites; concurrent resolution, whichever occurs military units and stipulated that a chaplain Whereas summer feeding programs play an first; and that when the Senate recesses or be assigned to each regiment; important role in providing safe places for adjourns on any day from Wednesday, June Whereas in July 1884, Henry Plummer was children and teenagers to engage in physical 30, 2010, through Sunday, July 4, 2010, on a appointed the first African-American chap- activity and provide educational opportuni- motion offered pursuant to this concurrent lain in the United States Regular Army with ties to spur learning during the summer resolution by its Majority Leader or his des- a military rank equivalent of Captain; months; ignee, it stand recessed or adjourned until Whereas Chaplain Plummer served for Whereas data from the Department of Ag- noon on Monday, July 12, 2010, or such other more than 10 years with the Ninth Cavalry riculture has shown rates of hunger and food time on that day as may be specified in the and was stationed at Army forts in Kansas, insecurity among school-age children in- motion to recess or adjourn, or until the Wyoming, and Nebraska; crease during the summer months; time of any reassembly pursuant to section 2 Whereas during his time in uniform, Chap- Whereas of the 19,500,000 children receiving of this concurrent resolution, whichever oc- lain Plummer worked to improve education free or reduced priced meals through the Na- curs first. and voter participation and reduce the temp- tional School Lunch Program, only 1 in 9 re- SEC. 2. The Speaker of the House and the tation of gambling, drunkenness, and pros- ceive meals at a summer feeding site on an Majority Leader of the Senate, or their re- titution among soldiers under his ministry; average day; spective designees, acting jointly after con- Whereas Chaplain Plummer fought racism Whereas there are only 34 summer food sultation with the Minority Leader of the and other injustices of the time while serv- sites for every 100 school lunch programs; House and the Minority Leader of the Sen- ing his country with the Ninth Calvary; and ate, shall notify the Members of the House Whereas Chaplain Plummer’s records in Whereas many low-income, food insecure and the Senate, respectively, to reassemble Fort Riley and Fort Robinson noted that he children in rural areas lack access to sum- at such place and time as they may des- performed admirably in his work among sol- mer feeding locations: Now, therefore, be it ignate if, in their opinion, the public interest diers and in his efforts on behalf of their Resolved, That the Senate— shall warrant it. spiritual well-being; (1) designates June 2010 as ‘‘Summer Food f Whereas Chaplain Plummer endured racial Service Program Awareness Month’’; bias and animosity throughout his time in (2) encourages schools, nonprofit institu- MEASURE READ THE FIRST uniform, including being denied officer hous- tions, churches, parks, recreation centers, TIME—H.R. 5552 ing and being forced to live among enlisted and summer camps to sponsor summer feed- personnel despite holding the Army officer ing sites in their communities; and Mr. CARPER. Mr. President, I under- rank equivalent of Captain; (3) encourages schools, local businesses, stand that H.R. 5552 has been received Whereas in 1894, Chaplain Plummer was nonprofit institutions, churches, cities, and from the House and is at the desk, is court-martialed, convicted, and dismissed State governments to raise awareness of the that correct? from the Army under circumstances tainted availability of summer feeding sites and sup- The PRESIDING OFFICER. The Sen- by racial and personal animus; port efforts to increase participation of chil- ator is correct. Whereas the Army Board for Correction of dren who might otherwise go without meals Military Records concluded that personal if not for the Summer Food Service Pro- Mr. CARPER. I ask for its first read- grudges and racial bias were driving factors gram. ing. that led to Chaplain Plummer’s court-mar- f The PRESIDING OFFICER. The tial; clerk will read the title of the bill for Whereas the Army Board for Correction of CONDITIONAL ADJOURNMENT OF the first time. Military Records noted evidence that shows THE HOUSE AND CONDITIONAL The assistant legislative clerk read Chaplain Plummer served his country well RECESS OR ADJOURNMENT OF as follows: and was a highly respected and admired offi- THE SENATE cer; A bill (H.R. 5552) to amend the Internal Whereas in 2005, the Army Board for Cor- Mr. CARPER. Mr. President, I ask Revenue Code of 1986 to require that the pay- rection of Military Records changed the sta- unanimous consent that the Senate ment of the manufacturers’ excise tax on tus of Chaplain Plummer’s military dis- proceed to the immediate consider- recreational equipment be paid quarterly charge to ‘‘honorable’’; ation of H. Con. Res. 293, the adjourn- and to provide for the assessment by the Sec- Whereas despite the unfair and racially ment resolution, received from the retary of the Treasury of certain criminal restitution. charged atmosphere that led to Chaplain House and at the desk. Plummer’s conviction and discharge, he con- The PRESIDING OFFICER. Without Mr. CARPER. I ask for its second tinued to ask for reinstatement in the mili- objection, it is so ordered. reading and object to my own request. tary out of a desire to serve his country; The PRESIDING OFFICER. Objec- Whereas Chaplain Plummer was a devoted The clerk will report. The assistant legislative clerk read tion is heard. family man, minister, veteran, and commu- The bill will receive its second read- nity leader committed to the principles of as follows: liberty and opportunity for which the United A resolution (H. Con. Res. 293) providing ing on the next legislative day. States stands; and for the conditional adjournment of the House f Whereas Chaplain Plummer rose from the of Representatives and a conditional recess depths of slavery to remarkable heights, and or adjournment of the Senate. EXECUTIVE SESSION led a life of selfless contributions to his There being no objection, the Senate country: Now, therefore, be it proceeded to consider the concurrent Resolved, That the Senate— resolution. EXECUTIVE CALENDAR (1) celebrates the life and patriotism of Mr. CARPER. Mr. President, I ask Mr. CARPER. Mr. President, I ask Chaplain Henry Vinton Plummer; unanimous consent that the concur- unanimous consent that the Senate (2) expresses its admiration for Chaplain Plummer for his perseverance and resolve in rent resolution be agreed to, and the proceed to executive session and that the face of racial oppression in the military motion to reconsider be laid upon the the previous action tonight with re- history of the United States; and table. spect to Calendar No. 963 be vitiated (3) congratulates Chaplain Plummer’s ex- The PRESIDING OFFICER. Without and that the Senate then proceed to tended family for their work to commemo- objection, it is so ordered. Calendar No. 964; that the nomination rate his life of devotion to helping others The concurrent resolution (H. Con. be confirmed; that the motion to re- while overcoming tremendous adversity. Res. 293) was agreed to, as follows: consider be laid upon the table; that S. RES. 578 H. CON. RES. 293 the President be immediately notified Whereas the Summer Food Service Pro- Resolved by the House of Representatives (the of the Senate’s action, and the Senate gram provides healthy, nutritious meals to Senate concurring), That when the House ad- resume legislative session.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR10\S30JN0.003 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 9 12397 The PRESIDING OFFICER. Without DISCHARGED NOMINATIONS IN THE NAVY objection, it is so ordered. The Senate Committee on Foreign THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The nomination considered and con- IN THE UNITED STATES NAVY TO THE GRADE INDICATED Relations was discharged from further UNDER TITLE 10, U.S.C., SECTION 624: firmed is as follows: consideration of the following nomina- To be rear admiral The following named officer for appoint- tions by unanimous consent and the REAR ADM. (LH) ALTON L. STOCKS ment in the United States Army to the grade nominations were confirmed: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT indicated while assigned to a position of im- IN THE UNITED STATES NAVY TO THE GRADE INDICATED portance and responsibility under title 10, FOREIGN SERVICE NOMINATIONS BEGINNING WITH UNDER TITLE 10, U.S.C., SECTION 624: ROBIN J. BRINKLEY HADDEN AND ENDING WITH HEATH- U.S.C., section 601: ER LOUISE YORKSTON, WHICH NOMINATIONS WERE RE- To be rear admiral To be general CEIVED BY THE SENATE AND APPEARED IN THE CON- GRESSIONAL RECORD ON FEBRUARY 24, 2010. REAR ADM. (LH) WILLIAM A. BROWN Lt. Gen. Lloyd J. Austin, III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED f f UNDER TITLE 10, U.S.C., SECTION 624: LEGISLATIVE SESSION To be rear admiral (lower half) CONFIRMATIONS CAPT. ELAINE C. WAGNER The PRESIDING OFFICER. The Sen- Executive nominations confirmed by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ate will now return to legislative ses- the Senate, Wednesday, June 30, 2010: IN THE UNITED STATES NAVY TO THE GRADE INDICATED sion. UNDER TITLE 10, U.S.C., SECTION 624: BROADCASTING BOARD OF GOVERNORS To be rear admiral (lower half) f VICTOR H. ASHE, OF TENNESSEE, TO BE A MEMBER OF CAPT. COLIN G. CHINN THE BROADCASTING BOARD OF GOVERNORS FOR A TERM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT APPOINTMENT EXPIRING AUGUST 13, 2010. IN THE UNITED STATES NAVY TO THE GRADE INDICATED WALTER ISAACSON, OF LOUISIANA, TO BE A MEMBER UNDER TITLE 10, U.S.C., SECTION 624: The PRESIDING OFFICER. The OF THE BROADCASTING BOARD OF GOVERNORS FOR A Chair, on behalf of the President pro TERM EXPIRING AUGUST 13, 2012. To be rear admiral (lower half) WALTER ISAACSON, OF LOUISIANA, TO BE CHAIRMAN tempore, upon the recommendation of OF THE BROADCASTING BOARD OF GOVERNORS. CAPT. WILLIE L. METTS the majority leader, pursuant to Public MICHAEL LYNTON, OF CALIFORNIA, TO BE A MEMBER CAPT. JAN E. TIGHE Law 105–292, as amended by Public Law OF THE BROADCASTING BOARD OF GOVERNORS FOR A THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TERM EXPIRING AUGUST 13, 2012. IN THE UNITED STATES NAVY TO THE GRADE INDICATED 106–55, and as further amended by Pub- SUSAN MCCUE, OF VIRGINIA, TO BE A MEMBER OF THE UNDER TITLE 10, U.S.C., SECTION 624: BROADCASTING BOARD OF GOVERNORS FOR A TERM EX- lic Law 107–228, reappoints the fol- PIRING AUGUST 13, 2011. To be rear admiral (lower half) lowing individual to the United States DENNIS MULHAUPT, OF CALIFORNIA, TO BE A MEMBER CAPT. THOMAS H. BOND, JR. OF THE BROADCASTING BOARD OF GOVERNORS FOR A Commission on International Religious TERM EXPIRING AUGUST 13, 2011. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Freedom: Dr. Don H. Argue of Wash- S. ENDERS WIMBUSH, OF VIRGINIA, TO BE A MEMBER IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: ington. OF THE BROADCASTING BOARD OF GOVERNORS FOR A TERM EXPIRING AUGUST 13, 2010. To be rear admiral f DEPARTMENT OF STATE REAR ADM. (LH) SAMUEL J. COX ORDERS FOR MONDAY, JULY 12, THEODORE SEDGWICK, OF VIRGINIA, TO BE AMBAS- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF IN THE UNITED STATES NAVY TO THE GRADE INDICATED 2010 THE UNITED STATES OF AMERICA TO THE SLOVAK RE- UNDER TITLE 10, U.S.C., SECTION 624: Mr. CARPER. Mr. President, I ask PUBLIC. To be rear admiral BROADCASTING BOARD OF GOVERNORS unanimous consent that when the Sen- REAR ADM. (LH) MICHAEL S. ROGERS ate completes its business today, it ad- MICHAEL P. MEEHAN, OF VIRGINIA, TO BE A MEMBER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF THE BROADCASTING BOARD OF GOVERNORS FOR A IN THE UNITED STATES NAVY TO THE GRADE INDICATED journ under the provisions of H. Con. TERM EXPIRING AUGUST 13, 2010. UNDER TITLE 10, U.S.C., SECTION 624: DANA M. PERINO, OF THE DISTRICT OF COLUMBIA, TO Res. 293 until 2 p.m. on Monday, July To be rear admiral 12; that following the prayer and BE A MEMBER OF THE BROADCASTING BOARD OF GOV- ERNORS FOR A TERM EXPIRING AUGUST 13, 2012. REAR ADM. (LH) DAVID G. SIMPSON pledge, the Journal of proceedings be DEPARTMENT OF THE TREASURY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT approved to date, the morning hour be IN THE UNITED STATES NAVY TO THE GRADE INDICATED S. LESLIE IRELAND, OF MASSACHUSETTS, TO BE AS- UNDER TITLE 10, U.S.C., SECTION 624: deemed expired, the time for the two SISTANT SECRETARY FOR INTELLIGENCE AND ANAL- leaders be reserved for their use later YSIS, DEPARTMENT OF THE TREASURY. To be rear admiral in the day, and that following any lead- IN THE ARMY REAR ADM. (LH) DAVID A. DUNAWAY er remarks, there be a period for the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED transaction of morning business, with WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND UNDER TITLE 10, U.S.C., SECTION 624: Senators permitted to speak therein RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be rear admiral for up to 10 minutes each. To be general REAR ADM. (LH) TERRY J. BENEDICT REAR ADM. (LH) THOMAS J. ECCLES The PRESIDING OFFICER. Without GEN. DAVID H. PETRAEUS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE IN THE UNITED STATES ARMY TO THE GRADE INDICATED INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: f WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be rear admiral (lower half) PROGRAM To be general CAPT. JAMES H. RODMAN, JR. Mr. CARPER. Mr. President, when we LT. GEN. LLOYD J. AUSTIN III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT return on Monday, July 12, Senators IN THE UNITED STATES NAVY RESERVE TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: should expect a rollcall vote at ap- IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be rear admiral (lower half) proximately 5:30 p.m. We hope to reach RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAPT. VICTOR M. BECK an agreement to vote on confirmation To be general of a judicial nomination. Senators will THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GEN. RAYMOND T. ODIERNO IN THE UNITED STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: be notified when any agreement is THE ABOVE NOMINATIONS WERE APPROVED SUBJECT reached. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- To be rear admiral (lower half) QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY CAPT. GERALD W. CLUSEN f CONSTITUTED COMMITTEE OF THE SENATE. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ADJOURNMENT UNTIL MONDAY, IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE TO THE GRADE JULY 12, 2010, AT 2 P.M. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be rear admiral (lower half) Mr. CARPER. Mr. President, if there To be lieutenant general CAPT. BRYAN P. CUTCHEN is no further business to come before LT. GEN. FRANCIS H. KEARNEY III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE the Senate, I ask unanimous consent IN THE MARINE CORPS that it adjourn under the previous INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral order. IN THE UNITED STATES MARINE CORPS RESERVE TO THE There being no objection, the Senate, GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: REAR ADM. (LH) PATRICIA E. WOLFE at 9:40 p.m., adjourned until Monday, To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE July 12, 2010, at 2 p.m. BRIG. GEN. REX C. MCMILLIAN INDICATED UNDER TITLE 10, U.S.C., SECTION 12203:

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To be rear admiral IN THE MARINE CORPS TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, 2010. REAR ADM. (LH) DONALD R. GINTZIG MARINE CORPS NOMINATIONS BEGINNING WITH ADAM NAVY NOMINATIONS BEGINNING WITH CHAD F. ACEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT M. KING AND ENDING WITH JAMES D. VALENTINE, WHICH AND ENDING WITH STEVEN G. WELDON, WHICH NOMINA- IN THE UNITED STATES NAVY RESERVE TO THE GRADE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: PEARED IN THE CONGRESSIONAL RECORD ON MAY 27, IN THE CONGRESSIONAL RECORD ON APRIL 29, 2010. 2010. To be rear admiral NAVY NOMINATIONS BEGINNING WITH JAMES S. BIGGS IN THE NAVY AND ENDING WITH HAROLD E. WILLIAMS, WHICH NOMI- REAR ADM. (LH) STEVEN M. TALSON NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF LYNN A. OSCHMANN, TO BE CAP- PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TAIN. 2010. IN THE UNITED STATES NAVY RESERVE TO THE GRADE NAVY NOMINATION OF DIANE C. BOETTCHER, TO BE NAVY NOMINATIONS BEGINNING WITH RICHARD W. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CAPTAIN. HAUPT AND ENDING WITH JOSEPH A. SURETTE, WHICH To be rear admiral NAVY NOMINATIONS BEGINNING WITH STEPHEN J. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LEPP AND ENDING WITH MELANIE F. OBRIEN, WHICH PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- REAR ADM. (LH) LOTHROP S. LITTLE 2010. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 26, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NAVY NOMINATIONS BEGINNING WITH EDWARD A. 2010. IN THE UNITED STATES NAVY RESERVE TO THE GRADE NAVY NOMINATION OF CAROLINE M. GAGHAN, TO BE BRADFIELD AND ENDING WITH SCOTT E. ORGAN, WHICH INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CAPTAIN. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be rear admiral NAVY NOMINATIONS BEGINNING WITH DAVID W. HOW- PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, ARD AND ENDING WITH CARL R. TORRES, WHICH NOMI- 2010. REAR ADM. (LH) GARRY J. BONELLI NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH BRIAN D. REAR ADM. (LH) SCOTT E. SANDERS PEARED IN THE CONGRESSIONAL RECORD ON APRIL 26, CONNON AND ENDING WITH ERIKA L. SAUER, WHICH REAR ADM. (LH) ROBERT O. WRAY, JR. 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NAVY NOMINATIONS BEGINNING WITH KEVIN A. ASKIN PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, IN THE UNITED STATES NAVY RESERVE TO THE GRADE AND ENDING WITH CRAIG S. FEHRLE, WHICH NOMINA- 2010. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATIONS BEGINNING WITH CONRADO K. IN THE CONGRESSIONAL RECORD ON APRIL 26, 2010. ALEJO AND ENDING WITH RICHARD D. JONES, WHICH To be rear admiral (lower half) NAVY NOMINATIONS BEGINNING WITH JOHN B. HOLT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CAPT. MARGARET A. RYKOWSKI AND ENDING WITH CHRISTOPHER R. STEARNS, WHICH PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2010. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON APRIL 26, NAVY NOMINATIONS BEGINNING WITH ERIC D. CHENEY IN THE UNITED STATES NAVY RESERVE TO THE GRADE 2010. AND ENDING WITH CYNTHIA M. WOMBLE, WHICH NOMINA- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: NAVY NOMINATION OF JEFFREY S. TANDY, TO BE CAP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be rear admiral (lower half) TAIN. IN THE CONGRESSIONAL RECORD ON APRIL 29, 2010. NAVY NOMINATIONS BEGINNING WITH RUSSELL L. NAVY NOMINATIONS BEGINNING WITH JAMES A. AIKEN CAPT. GREGORY C. HORN COONS AND ENDING WITH SCOTT C. RYE, WHICH NOMINA- AND ENDING WITH THEODORE A. ZOBEL, WHICH NOMINA- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE UNITED STATES NAVY RESERVE TO THE GRADE IN THE CONGRESSIONAL RECORD ON APRIL 26, 2010. IN THE CONGRESSIONAL RECORD ON APRIL 29, 2010. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: NAVY NOMINATIONS BEGINNING WITH KEVIN P. BEN- NAVY NOMINATION OF JAMES R. PELTIER, TO BE CAP- NETT AND ENDING WITH PAUL F. WHITE, WHICH NOMINA- To be rear admiral (lower half) TAIN. TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATIONS BEGINNING WITH JOSEPH C. CAPT. PAULA C. BROWN IN THE CONGRESSIONAL RECORD ON APRIL 26, 2010. AQUILINA AND ENDING WITH WILLIAM M. WIKE, WHICH NAVY NOMINATIONS BEGINNING WITH RICHARD A. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BALZANO AND ENDING WITH MARK J. WINTER, WHICH PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, IN THE UNITED STATES NAVY RESERVE TO THE GRADE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: 2010. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 26, NAVY NOMINATIONS BEGINNING WITH STEPHEN G. 2010. To be rear admiral ALFANO AND ENDING WITH TERRY D. WEBB, WHICH NAVY NOMINATIONS BEGINNING WITH JOHN T. ARCHER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- REAR ADM. (LH) SCOTT A. WEIKERT AND ENDING WITH ANDREW D. MCDONALD, WHICH NOMI- PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, NATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT 2010. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 26, IN THE UNITED STATES NAVY RESERVE TO THE GRADE NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER A. 2010. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: BLOW AND ENDING WITH LINDA D. YOUBERG, WHICH NAVY NOMINATIONS BEGINNING WITH STEVEN T. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be rear admiral (lower half) BELDY AND ENDING WITH DAN A. STARLING, WHICH PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CAPTAIN KELVIN N. DIXON 2010. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 26, CAPTAIN MARTHA E.G. HERB NAVY NOMINATIONS BEGINNING WITH JEFFREY A. 2010. CAPTAIN BRIAN L. LAROCHE NAVY NOMINATIONS BEGINNING WITH JAMES D. FISCHER AND ENDING WITH TRACY V. RIKER, WHICH CAPTAIN JOHN C. SADLER BEARDSLEY AND ENDING WITH CHRISTOPHER S. ZIM- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- FOREIGN SERVICE MERMAN, WHICH NOMINATIONS WERE RECEIVED BY THE PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, SENATE AND APPEARED IN THE CONGRESSIONAL 2010. FOREIGN SERVICE NOMINATIONS BEGINNING WITH RECORD ON APRIL 26, 2010. NAVY NOMINATIONS BEGINNING WITH CATHERINE A. ROBIN J. BRINKLEY HADDEN AND ENDING WITH HEATH- NAVY NOMINATIONS BEGINNING WITH LLOYD P. BAYNE AND ENDING WITH MARY A. YONK, WHICH NOMI- ER LOUISE YORKSTON, WHICH NOMINATIONS WERE RE- BROWN, JR. AND ENDING WITH VINCENTIUS J. NATIONS WERE RECEIVED BY THE SENATE AND AP- CEIVED BY THE SENATE AND APPEARED IN THE CON- VANJOOLEN, WHICH NOMINATIONS WERE RECEIVED BY PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, GRESSIONAL RECORD ON FEBRUARY 24, 2010. THE SENATE AND APPEARED IN THE CONGRESSIONAL 2010. NAVY NOMINATIONS BEGINNING WITH JOHN D. IN THE AIR FORCE RECORD ON APRIL 29, 2010. NAVY NOMINATIONS BEGINNING WITH DANNY K. BUSCH BRUGHELLI AND ENDING WITH POLLY S. WOLF, WHICH AIR FORCE NOMINATIONS BEGINNING WITH JEREMY C. AND ENDING WITH MICHAEL ZIV, WHICH NOMINATIONS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AAMOLD AND ENDING WITH PETER W. ZUMWALT, WHICH WERE RECEIVED BY THE SENATE AND APPEARED IN THE PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CONGRESSIONAL RECORD ON APRIL 29, 2010. 2010. PEARED IN THE CONGRESSIONAL RECORD ON MARCH 3, NAVY NOMINATIONS BEGINNING WITH WILLIAM S. DIL- NAVY NOMINATIONS BEGINNING WITH BILLY M. AP- 2010. LON AND ENDING WITH MICHAEL J. VANGHEEM, WHICH PLETON AND ENDING WITH MIL A. YI, WHICH NOMINA- AIR FORCE NOMINATIONS BEGINNING WITH MARK J. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED AGUIAR AND ENDING WITH MELINDA A. WILLIAMSON, PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, IN THE CONGRESSIONAL RECORD ON MAY 13, 2010. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 2010. NAVY NOMINATIONS BEGINNING WITH ERIC M. AABY AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATIONS BEGINNING WITH NORA A. AND ENDING WITH GEORGE N. SUTHER, WHICH NOMINA- APRIL 21, 2010. BURGHARDT AND ENDING WITH RICK T. TAYLOR, WHICH TIONS WERE RECEIVED BY THE SENATE AND APPEARED AIR FORCE NOMINATIONS BEGINNING WITH VERONA NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE CONGRESSIONAL RECORD ON MAY 13, 2010. BOUCHER AND ENDING WITH JAMES A. YOUNG, WHICH PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, NAVY NOMINATION OF AXEL L. STEINER, TO BE LIEU- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2010. TENANT COMMANDER. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 21, NAVY NOMINATIONS BEGINNING WITH BRUCE J. BLACK NAVY NOMINATION OF CLIFFORD R. SHEARER, TO BE 2010. AND ENDING WITH DAVID G. WIRTH, WHICH NOMINA- COMMANDER.

VerDate Mar 15 2010 13:08 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00086 Fmt 0686 Sfmt 9801 E:\BR10\S30JN0.003 S30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12399 HOUSE OF REPRESENTATIVES—Wednesday, June 30, 2010

The House met at 10 a.m. and was Mr. SCHOCK. It is my honor to wel- family, Kevin enlisted in the Marines, called to order by the Speaker. come to the Chamber Pastor Hender- and was assigned to the 3rd Battalion, f son, who just gave us the opening pray- 7th Marine Regiment, 1st Marine Divi- er. Pastor Henderson contacted me sion, Marine Expeditionary Force, PRAYER when he was planning his family’s trip based in Twentynine Palms, California. Reverend Dr. Robert Henderson, to Washington, D.C. It had been a Corporal Cueto served a tour in Iraq in First Baptist Church, Lincoln, Illinois, dream of his to be able to give the 2009 before being deployed to Afghani- offered the following prayer: opening prayer, and I was pleased to be stan earlier this year. Last week, he Our Father, deliver us from shallow able to recommend him to the Speaker was tragically killed when his patrol words and impure motivations as we to have that privilege. was struck by a roadside bomb while pray to You this day. Forgive us for In addition to his pastoral duties at conducting combat operations. His our arrogance, selfishness and greed. his home church, the First Baptist awards and decorations include the This morning we ask for Your bless- Church in Lincoln, Illinois, he is also a Purple Heart, the Navy and Marine ing upon our Nation. Restore our hope, pastor for Memorial Medical Center, Corps Achievement Medal, the Na- strengthen our faith, and teach us Your located in Springfield, Illinois. In addi- tional Defense Service Medal, and the love. Enable us to be a nation that tion to that, he’s a public servant in Global War on Terrorism Service cares as we pursue peace, practice his own right, being elected to his sec- Medal. mercy and offer compassion. ond term now for the West Lincoln- Corporal Cueto leaves behind his par- We pray, O Lord, that You would es- Broadwell School Board. He’s in a ents and a younger brother. I extend tablish the cause of the faithful, give whole host of organizations, constantly my sincerest gratitude to him and my comfort to those that suffer, and set giving back to not only his family but condolences to his family. I ask every right the injustices within our Nation his community, being a member of the Member of the House to join me in hon- and the world. Lincoln Area Musical Society orches- oring his service to our country. Protect those that defend our cher- tra and an officer of the Cub Scouts or- f ished freedoms as they serve within our ganization in his community. MORE WAYS TO SAVE military branches. He is joined here today with his wife Give wisdom to our community lead- and children, who are seated in the gal- (Mr. WILSON of South Carolina ers, our courts, and our national rep- lery: His wife, Melissa; his daughter, asked and was given permission to ad- resentatives. Burgundy; and his son, Joshua. We dress the House for 1 minute and to re- Renew our commitment of service to thank you and welcome you to the vise and extend his remarks.) the people of our Nation and to the United States Capitol. We wish you and Mr. WILSON of South Carolina. Mr. greater good of all humanity. your family a good time as you learn Speaker, congratulations to Coach Ray These things we pray in the name of more about our American history. Tanner and the talented players of the our Lord Jesus Christ. Amen. Thank you for offering the prayer this University of South Carolina Game- morning. cocks for winning the College World f f Series of Baseball at Omaha, Nebraska. THE JOURNAL When it comes to reducing Washing- ANNOUNCEMENT BY THE SPEAKER The SPEAKER. The Chair has exam- ton’s out-of-control spending, Repub- ined the Journal of the last day’s pro- The SPEAKER. The Chair will enter- licans continue to put forward ‘‘more ceedings and announces to the House tain up to 15 additional 1-minute ways to save.’’ One such proposal is her approval thereof. speeches on each side of the aisle. this week’s YouCut bill introduced by Pursuant to clause 1, rule I, the Jour- f Congressman PHIL GINGREY to save nal stands approved. taxpayers $1.2 billion in 10 years by HONORING CORPORAL KEVIN prohibiting taxpayer funding for union f CUETO activities. Federal employee unions are PLEDGE OF ALLEGIANCE (Ms. ZOE LOFGREN of California subsidized by hardworking taxpayers asked and was given permission to ad- while they engage in lobbying and po- The SPEAKER. Will the gentleman dress the House for 1 minute and to re- litical activities. This costs the tax- from South Carolina (Mr. WILSON) vise and extend her remarks.) payers over $100 million a year. Ameri- come forward and lead the House in the Ms. ZOE LOFGREN of California. cans should be alarmed about a $13 tril- Pledge of Allegiance. Madam Speaker, I rise today to recog- lion deficit. We should note the images Mr. WILSON of South Carolina led nize and honor the life and service of of riots in Greece. What, I ask, will it the Pledge of Allegiance as follows: Marine Corporal Kevin Cueto of San take for real change to take place I pledge allegiance to the Flag of the Jose, California, who was killed in ac- here? United States of America, and to the Repub- lic for which it stands, one nation under God, tion on June 24, 2010, in the Helmand In conclusion, God bless our troops, indivisible, with liberty and justice for all. Province of Afghanistan. He was 23 and we will never forget September years old. 11th in the global war on terrorism. f Kevin was born in Santa Clara Coun- f b 1010 ty, and grew up in San Jose, moving to Campbell while in high school to live WALL STREET REFORM WELCOMING THE REVEREND DR. with his dad. At Westmont High (Mr. ETHERIDGE asked and was ROBERT HENDERSON School, Kevin was a member of the given permission to address the House The SPEAKER. Without objection, football, baseball, and wrestling teams, for 1 minute and to revise and extend the gentleman from Illinois (Mr. as well as the Reserve Officers Training his remarks.) SCHOCK) is recognized for 1 minute. Corps. Following high school, deter- Mr. ETHERIDGE. Mr. Speaker, I rise There was no objection. mined to serve his country and his today to call on Congress to rein in

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 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12400 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Wall Street’s abuses. We need to put in rity to age 70? Can you believe there biking or walking. In my old grade place commonsense rules of the road. will be a means test that you won’t be school on a very busy street, these For too long, Wall Street fat cats gam- able to get Social Security if you earn grants have reduced crashes by 25 per- bled with our future and ran our econ- a certain amount? Can you believe cent and pedestrian injuries by 34 per- omy into the ditch. North Carolina they want to take this money to pay cent. This is a commonsense program families I hear from every day paid the for the Iraq and Afghan war? Can you supported by people regardless of their price. Why? Because Wall Street’s pro- believe they’re fighting Democrats to party. When children can bike or walk tectors looked the other way while not extend unemployment benefits? safely to school, we won’t be worried abuses ran rampant. We’ve seen what Can you believe that they are fighting about 300-pound morbidly obese 6th that means to Main Street and rural us from creating jobs, as Democrats graders and a second rush hour as peo- America—8 million jobs lost, $17 tril- are doing, giving opportunities to ple take their kids to school. And then lion in hard-earned family savings— small businesses. all our families will be safer, healthier savings for retirement, college, for I really can’t believe it, Mr. Speaker. and more economically secure. home buying—all wiped out overnight. Here we go again—cutting our seniors f Today, we have an opportunity to say again, raising the Social Security PRESIDENT OBAMA’S HANDLING ‘‘enough.’’ But the same folks who said means test as a way of saving money. OF IMMIGRATION ‘‘no’’ to helping out-of-work Americans What are we going to do? Fight back as yesterday are trying to say ‘‘no’’ to Democrats and stand with our seniors. (Mr. SMITH of Texas asked and was given permission to address the House reining in Wall Street abuses today. I f call on my colleagues to put aside their for 1 minute and to revise and extend differences and put America before b 1020 his remarks.) Mr. SMITH of Texas. Mr. Speaker, a Wall Street, and join me in supporting NO BUDGET? NO PROBLEM recent NBC News survey found that the Wall Street Reform and Consumer over half of all Americans disapprove Protection Act. (Mr. SAM JOHNSON of Texas asked and was given permission to address of how President Obama is handling f the House for 1 minute and to revise the immigration issue; an over- TOO MUCH RHETORIC—TOO LITTLE and extend his remarks.) whelming 73 percent support imposing ACTION Mr. SAM JOHNSON of Texas. You new fines on businesses that hire ille- (Mr. POE of Texas asked and was know, last week the House leader an- gal immigrants; 71 percent support in- given permission to address the House nounced that Democrats will not craft creasing border security by building a for 1 minute.) a budget next year. Instead of going fence along the border and training Mr. POE of Texas. Mr. Speaker, over line by line to see what programs could more Border Patrol agents. So it’s no surprise that Republicans a month ago, the administration prom- be eliminated or reduced, they are ig- are viewed more favorably when it ised to send 1,200 National Guard noring the dire warnings of economists comes to enforcing the border. In fact, troops to the border. But the troops and continuing on their spending fren- their survey found that only 26 percent still aren’t there. Now the White House zy. No budget? No problem. Not enough money? No problem. They’ll just raise of registered voters are likely to vote is saying it’ll be another month before for a Democratic candidate who op- there’s a ‘‘steep ramp-up’’ of the taxes on the middle class, breaking their promise not to raise taxes on poses the Arizona immigration enforce- troops—and they’ll be there only 4 ment law. The American people are not months. And there’ll be a complete families earning less than $250,000. They need to produce a budget and going to forget about the Obama ad- ramp-down by June of 2011. And they’ll ministration’s failure to secure our be unarmed National Guardsmen. stop the out-of-control spending that has pushed our national debt past $13 borders and enforce our Nation’s immi- You see, the troops aren’t actually gration laws. going to the border. There will be un- trillion. I don’t know what’s worse, armed guards guarding computers 50 failing to produce a budget or how the f miles north of the border. And there’ll Democrats already have resigned to THE NATION’S BROKEN be 1,200 troops but they all won’t be the fact they will raise taxes on middle IMMIGRATION SYSTEM there at the same time. That’s like class families to pay for their wasteful (Mr. COSTA asked and was given per- saying a store is open 24 hours but just ways. Americans want, need, and de- mission to address the House for 1 not 24 hours in a row. What kind of bor- serve better. Make a budget, cut spend- minute and to revise and extend his re- der security plan is that? There is no ing for our freedom and for our future. marks.) sense of urgency to stop the violence f Mr. COSTA. Mr. Speaker, I rise today and the killing along the border. Too to encourage my colleagues to put SAFE ROUTES TO SCHOOL much rhetoric and too little action aside partisan differences and begin in coming out of the White House. Like (Mr. BLUMENAUER asked and was earnest to address our Nation’s broken my grandfather used to say, there’s given permission to address the House immigration system. Although we do more thunder than rain. for 1 minute and to revise and extend not always agree on how to change the And that’s just the way it is. his remarks.) system, it is clear that we all agree f Mr. BLUMENAUER. Mr. Speaker, for that the current system is broken and as long as I have been in Congress, I in need of meaningful reform. HERE WE GO AGAIN have worked on being a proponent of Yesterday I met with the President (Ms. JACKSON LEE of Texas asked ‘‘bike partisanship,’’ something that to discuss a way forward for immigra- and was given permission to address everybody ought to be able to agree on. tion reform; and while comprehensive the House for 1 minute.) That’s why I have been appalled at the reform remains my priority, we cannot Ms. JACKSON LEE of Texas. Mr. repeated attacks on cycling by the Re- allow the perfect to become the enemy Speaker, tell me it’s not true. Repub- publican leadership. The latest is for of the good. We must begin to address licans again are attacking Social Secu- the second time, Republican Whip CAN- our immigration issues this year, im- rity. Yesterday, our minority leader in- TOR has offered on the chopping block prove our security at the borders. But dicated that he wanted sweeping cuts Safe Routes to School. You know, this piecemeal approaches at the State and in Social Security. Sounds like de´ja` vu is a program in 6800 schools across the local level only further complicates when the Republicans stood side-by- country and has been requested by our Nation’s immigration policy. We side saying ‘‘privatize Social Secu- three times that number. cannot and should not abandon our re- rity.’’ Can you believe that the Repub- People know that children under 14, sponsibility at the Federal level. licans are now standing with raising one-third of all their deaths occur AgJobs and the DREAM Act provides the age for retirees to get Social Secu- when a car hits them when they’re a path forward that can be an example

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12401 of how we can reform in a meaningful coastlines, but it will insist on ensur- contributions he’s made to our commu- way that benefits our economy, pro- ing that America stays competitive in nity. I am also proud to have his won- vides a stable workforce on our local the global economy. According to a derful restaurant, RM Seafood, in Dis- farms, and reduces the number of ille- new poll released by the Pew Research trict Three. And I urge all my col- gal workers in our country. We must Center, the American people are now leagues to join us to support the Week- act now, and I ask my colleagues to on our side and strongly support alter- ends Without Hunger Act. join me to pass immigration reform native energy production. Now is the f this year. time to launch a cleaner, smarter, f more cost-effective energy future to AMERICA SPEAKING OUT protect our environment and create DEEMING A BUDGET ISN’T THE (Mr. SESSIONS asked and was given millions of clean energy jobs. ANSWER permission to address the House for 1 f (Mr. NEUGEBAUER asked and was minute.) given permission to address the House PASS THE COLOMBIA FREE TRADE Mr. SESSIONS. Mr. Speaker, today for 1 minute and to revise and extend AGREEMENT we’re here on the floor of the House of his remarks.) (Mr. BRADY of Texas asked and was Representatives talking about taxing Mr. NEUGEBAUER. Mr. Speaker, the given permission to address the House and spending, jobs, and the needs of American people are tired of more for 1 minute.) this great Nation. Yet today we will spending, more borrowing, more bail- Mr. BRADY of Texas. Yesterday, begin debating a bill which will further outs and more debt. And here we go China and Taiwan signed the free trade tax and cause fees of $18 billion for con- deeming things again. Deem some- agreement to open up markets, create sumers in the new banking bill, a bank- thing, not budgeting. The Democrats’ jobs and strengthen their economies. ing bill that will collapse what is $1 version of a budget means picking a You have to ask yourself, if these two trillion worth of equity and other ar- dollar amount for this year without bitter political rivals can work to- rangements that can be made that even looking at what the impact for gether to boost their economies, why today fund American businesses and the future is. We need a budget plan isn’t this Congress taking up the free keep small businesses alive. that guides spending decisions, but the trade agreement with Colombia? Mr. Speaker, I think it’s time that Democrats are too afraid to even make Colombia’s one of America’s strong- we change the direction that we’re a real attempt. Deeming things as a est allies. With our help, they’ve in- heading. Taxing and spending is some- budget isn’t the answer. stilled rule of law, defeated the FARC thing that the American people do not Republicans want to offer a budget terrorist group. They’ve created labor want or need for their future. The un- that reins in spending, addresses the rights and lowered their crime rate, vi- employment rate still stays near 10 trillion-dollar national debt, and pro- olence rate by 90 percent. For 3 years, percent. And since taking office in 2007, vides economic certainty for small this Congress has done nothing. Other our Democrat friends have set a record businesses. In fact, some of us have co- countries have now moved in line for deficits, spending, and unemploy- sponsored the RSC budget that does ment. The American people know this, that very thing. While others say that ahead of us, and our U.S. farmers are losing their sales to Colombia. Con- and they are speaking out. this plan is too extreme, it shows just I encourage Americans to visit the how much Congress is spending beyond gress does nothing. Venezuela has im- posed a trade agreement on our ally Web site www.AmericaSpeakingOut its means. .com. ‘‘America Speaking Out’’ is an American families have to live with- Colombia. This Congress does nothing. It’s time for Congress to take up and opportunity for Americans to have a in their means. Why should the govern- say in their government. ment be any different? They want Con- pass the Colombia Free Trade Agree- gress to get serious and make the ment this year. f tough decisions that will get our spend- f b 1030 ing problem under control. Our country CONGRATULATING CHEF RICK can’t afford for Congress to avoid hard MOONEN LET’S MAKE A DIFFERENCE decisions that we were elected to do. You can’t deem things. You’ve got to (Ms. TITUS asked and was given per- (Mr. CLEAVER asked and was given do things. mission to address the House for 1 permission to address the House for 1 minute and to revise and extend her re- minute and to revise and extend his re- f marks.) marks.) RENEWABLE ENERGY FOR A Ms. TITUS. Mr. Speaker, I rise today Mr. CLEAVER. Mr. Speaker, last CLEAN ENERGY ECONOMY to congratulate Chef Rick Moonen on evening I received a phone call from a (Mr. SIRES asked and was given per- his impressive second-place finish on friend from my congressional district mission to address the House for 1 Bravo’s Top Chef Masters competition who now lives here in the District. We minute.) earlier this month. Chef Moonen is do- spoke extensively, but painfully, about Mr. SIRES. Mr. Speaker, the disaster nating his winnings to Three Square the pitiful action taken in this body in the gulf has made it increasingly Food Bank in Las Vegas, where the yesterday. evident that we must reevaluate our $22,500 prize money will fund the equiv- We denied unemployment benefits to Nation’s energy policy to prioritize re- alent of 67,500 meals for southern Ne- American citizens who, through no newable energy sources and focus on a vadans who are struggling with hunger. fault of their own, became victims of clean energy economy. It is unfortu- I was pleased to join Chef Moonen the worst recession in U.S. history. nate that it has taken a man-made this past April when he further dem- They lost their jobs. tragedy of this scale to open our eyes onstrated his commitment to fighting This, for me, was a very, very low to both the economic and environ- hunger by supporting the Weekends point. The Senate has failed to approve mental dangers of offshore drilling and Without Hunger Act, a bill I introduced summer jobs for youth, as well as our reliance on fossil fuels. In addition that will prevent low-income children emergency TANF relief, temporary as- to ensuring that BP is held account- from going hungry when they are away sistance for families in need. able for the damages done to the gulf from school during the weekends and Mr. Speaker, when I came to the Con- coast community, we must take this on holidays. We’re honored to have a gress, I didn’t sign up to make a mess time to refocus on clean energy poli- chef of Rick Moonen’s stature as such but to make a difference. We are dam- cies to ensure that a catastrophe of a strong advocate for fighting hunger aging the lives of men and women and, this nature never occurs again. in southern Nevada. painfully, it is for political reasons. I Comprehensive energy reform will So, again, I extend my congratula- went home last night ashamed of being not only help protect our pristine tions to the chef and thank him for the in this body.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12402 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 FEDERAL SPENDING IS OUT OF We cannot undo the failures of past Mr. YARMUTH. Mr. Speaker, it’s CONTROL leadership, but we can help prevent an- pretty clear that there’s a difference (Mr. PENCE asked and was given per- other economic crisis like this one. By between Democrats and Republicans mission to address the House for 1 passing the Wall Street reform con- and their attitude toward the economy. minute and to revise and extend his re- ference report, we can chart a new Democrats want an economy that marks.) course that puts America first. works for everyone. Republicans want Mr. PENCE. Mr. Speaker, Federal f an economy that works for Wall Street spending is out of control, and the banks, that works for insurance com- CONDEMNING THE IRANIAN panies, and works for big oil compa- American people know it. $13 trillion EDUCATIONAL SYSTEM national debt, a $1.4 trillion deficit this nies. year, an 84 percent increase in non- (Mr. ROSKAM asked and was given The greatest evidence of that was defense discretionary spending since permission to address the House for 1 just mentioned by my colleague from this administration took office. The minute and to revise and extend his re- Connecticut; the minority leader’s Democrat majority’s answer so far this marks.) statement that the reform package year, no budget. Mr. ROSKAM. Mr. Speaker, on dis- that we’re proposing to pass for Wall To answer this extraordinary fiscal play in Jerusalem at the Yad Vashem Street is like killing an ant with a nu- crisis by refusing to lead is unaccept- museum, the Holocaust museum, clear weapon. Goldman Sachs is an able. After a year of avoiding hard amidst all the pain and suffering and ant? AIG is an ant? Bank of America is choices, now we hear the latest Demo- murder and turmoil, are German an ant? These are ants with an awfully crat plan is actually to bring a budget schoolbooks from the 1930s that display big appetite, because they chewed up resolution to the floor in some proce- an attitude that was getting pumped $17 trillion worth of American citizens’ dural motion known as ‘‘deeming.’’ into young Germans through their edu- net worth. Well, Mr. Speaker, you can’t deem a cational system. And as fearful and as No, we can’t let ants this dangerous budget that you never passed. The loathsome as that is, there is the same loose on our economy. We have to pro- American people long for leadership in thing that’s happening in Iran today. pose reasonable regulations, and that’s Washington, D.C., that’s willing to sit The Iranian educational system has what we’re doing. We want to make down across party lines and face the excerpts that suggest that martyrdom sure that the American economy works fiscal and economic crisis of this coun- is praiseworthy, and it urges children for every American and not just for the try head on with hard choices. We can’t to welcome it. It is laced with anti- people on Wall Street. get this economy moving again until Semitism, anti-Israeli sentiment, and f anti-Western sentiment. we get Washington, D.C., under con- EXTEND UNEMPLOYMENT I’m introducing a resolution today trol. BENEFITS NOW I urge my colleagues, reject this that condemns that, calls upon us to phony baloney deeming of the budget. focus on it, and urges the administra- (Mr. LEWIS of Georgia asked and was Let’s sit down. Let’s face our fiscal cri- tion to consider that as it interacts given permission to address the House sis head on. Give the American people with Iran, particularly on these sanc- for 1 minute and to revise and extend the kind of leadership they want and tions. I urge my colleagues to join me. his remarks.) Mr. LEWIS of Georgia. Mr. Speaker, deserve. f it is a shame and a disgrace that we did f THE WALL STREET REFORM BILL not extend unemployment insurance. LET’S PUT THE AMERICAN (Mr. HIMES asked and was given per- Every single Member who voted ‘‘no’’ PEOPLE FIRST mission to address the House for 1 yesterday should be ashamed of them- (Mr. DRIEHAUS asked and was given minute and to revise and extend his re- selves. permission to address the House for 1 marks.) People are suffering. They are hurt- minute and to revise and extend his re- Mr. HIMES. Mr. Speaker, 8 million ing. They are in pain. They cannot marks.) jobs gone; $17 trillion in savings gone; make ends meet. And too many, just Mr. DRIEHAUS. Mr. Speaker, in 2002 Americans’ faith in their system gone. too many on the other side of the aisle Representative Stephanie Tubbs Jones Why? Because mortgages that came in turned a deaf ear. introduced legislation to crack down 31 flavors of insanity got bought by I ask my Republican colleagues: on predatory lending and subprime bor- Americans who couldn’t afford them. Can’t you hear? Can’t you feel? Can’t rowers. Acting then to protect Amer- Banks tied them in a bow and put AAA you see? Where is your heart? Where is ican homeowners could have helped ratings on them, and then the billion your compassion? Where is your con- prevent the foreclosure crisis, which dollar betting really started. The Wall cern? led to the financial crisis, which led to Street reform bill that we have crafted Extend unemployment benefits, and the deepest recession in generations. addresses every one of the links in that extend it now. But instead of acting in 2002 or 2003 chain of madness. f or every other year they controlled Yesterday, the minority leader called b 1040 Congress and the White House, my Re- the reform killing an ant with a nu- publican colleagues stood by and did clear weapon. Mr. Speaker, I’m a WARS AND THE DEFICIT nothing. We can now clearly see the re- human being, so I know that 8 million (Ms. LEE of California asked and was sult of that inaction. jobs lost and $17 trillion in savings given permission to address the House This week we will take long overdue gone is not an ant. for 1 minute and to revise and extend steps as we vote on the most sweeping Mr. Speaker, I worked years in the fi- her remarks.) reform of our financial system since nancial services industry, so I know Ms. LEE of California. Mr. Speaker, the Great Depression. Instead of leav- that this reform is not a nuclear weap- it’s really no secret that the wars in ing decisions about our financial sys- on. It is a critical and essential mecha- Iraq and Afghanistan have created a tem in the hands of Wall Street bank- nism to restore the faith of the Amer- massive deficit that, if left to Repub- ers, this legislation will curb the risky ican people in their system and the licans, will burden our children and practices and fix the systemic flaws prosperity that will follow. grandchildren with the debt that Re- that brought our economy to the f publicans created. The wars have cost brink. Instead of allowing predatory over $1 trillion. And it’s mind-boggling lending and dangerous speculation to WALL STREET REFORM to hear that the minority leader wants go unchecked, these reforms will pro- (Mr. YARMUTH asked and was given senior citizens to pay for these wars. vide real protections for Americans permission to address the House for 1 He wants to increase the Social Secu- looking to invest or to buy a home. minute.) rity retirement age to 70 for people

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12403 who have at least 20 years until retire- well-being. Trade provides a market for H. Con. Res. 284; H.R. 5395; H. Res. ment, and wants actually to tie the American goods, and sustains millions 1446; and H.R. 4307, each by the yeas cost of retirement to the Consumer of jobs in vital American industries. In and nays. Price Index—what an idea, boy, I tell fact, exports support one of every five The first electronic vote will be con- you—instead of the wage inflation manufacturing jobs. ducted as a 15-minute vote. Remaining index. And he wants it only for those Trade can also make the U.S. a lead- electronic votes will be conducted as 5- who need them. er in clean energy technologies. In 2009, minute votes. Several years ago, the Republicans, China edged the U.S. out of the top let me remind you, they wanted to pri- spot in spending on clean energy. But f vatize Social Security. Democrats said, projects like the all-electric commer- ‘‘no.’’ Can you imagine what would cial truck built by Navistar in my dis- RECOGNIZING SPECIAL EDUCATION have happened to seniors had their re- trict, and supported through a Federal TEACHERS tirements been given to Wall Street stimulus investment, can restore the The SPEAKER pro tempore. The un- given Wall Street’s greed and given U.S. as the leader in this field while finished business is the vote on the mo- their irresponsibility? Their lives creating jobs here at home. tion to suspend the rules and agree to would be shattered. Now we need to pursue a better com- the concurrent resolution (H. Con. Res. So Democrats will say ‘‘no’’ to Re- petition policy and help simplify the 284) recognizing the work and impor- publican ideas to slash Social Security patchwork of global regulatory stand- tance of special education teachers, as to pay for the wars in Iraq and Afghan- ards that cripple businesses trying to amended, on which the yeas and nays istan. export goods internationally. We can were ordered. f make trade policy work for American The Clerk read the title of the con- LEADERSHIP IS ABOUT ACTION businesses and for a cleaner environ- current resolution. The SPEAKER pro tempore. The (Mr. BOCCIERI asked and was given ment. question is on the motion offered by permission to address the House for 1 f the gentlewoman from Hawaii (Ms. minute and to revise and extend his re- PROVIDING FOR THE USE OF THE HIRONO) that the House suspend the marks.) CAPITOL VISITOR CENTER CATA- Mr. BOCCIERI. Mr. Speaker, I have rules and agree to the concurrent reso- FALQUE always been told that leadership is lution, as amended. about action, not position. But when Mr. BOCCIERI. Mr. Speaker, I ask The vote was taken by electronic de- you hear the position on the other side unanimous consent to take from the vice, and there were—yeas 415, nays 0, of the aisle that we need to stand up Speaker’s table the concurrent resolu- not voting 17, as follows: for big Wall Street banks, we need to tion (S. Con. Res. 65) providing for the [Roll No. 402] stand up and apologize to BP and Big use of the catafalque situated in the YEAS—415 Oil for our involvement in trying to Exhibition Hall of the Capitol Visitor Aderholt Calvert Dicks clean up the oil spills, and we need to Center in connection with memorial Adler (NJ) Camp Dingell stand up and allow foreign corpora- services to be conducted in the United Akin Campbell Djou Alexander Cantor Doggett tions to be involved in our political States Senate Chamber for the Honor- Altmire Cao Donnelly (IN) process, there is a clear difference be- able ROBERT C. BYRD, late a Senator Andrews Capito Doyle tween this aisle, and it’s a bright line. from the State of West Virginia, and Arcuri Capps Dreier Austria Capuano Driehaus The American people need to under- ask for its immediate consideration in Baca Cardoza Duncan stand this. the House. Bachmann Carnahan Edwards (MD) When we took office a year ago as The Clerk read the title of the con- Bachus Carney Edwards (TX) freshman Democrats, we were handed current resolution. Baird Carson (IN) Ehlers Baldwin Carter Ellison two undeclared, unfunded wars, an The SPEAKER pro tempore (Mr. PAS- Barrett (SC) Cassidy Emerson economy that was in free fall, we didn’t TOR of Arizona). Is there objection to Barrow Castle Engel know where we were going to land, and the request of the gentleman from Bartlett Castor (FL) Eshoo greed, unregulated greed on Wall Barton (TX) Chaffetz Etheridge Ohio? Bean Chandler Fallin Street. And now the answers and solu- There was no objection. Berkley Childers Farr tions that we hear from the other side The text of the concurrent resolution Berman Chu Fattah is that we need to privatize Social Se- is as follows: Berry Clarke Filner Biggert Cleaver Flake curity to pay for our debt, we need to S. CON. RES. 65 Bilbray Clyburn Fleming make sure that we apologize to BP, we Resolved by the Senate (the House of Rep- Bilirakis Coble Forbes need to make Americans work harder resentatives concurring), That the Architect of Bishop (GA) Coffman (CO) Fortenberry and work until they are 70. Bishop (NY) Cohen Foster the Capitol is authorized and directed to Bishop (UT) Cole Foxx Mr. Speaker, there is a clear dif- transfer the catafalque which is situated in Blackburn Conaway Frank (MA) ference. We need regulated reform to the Exhibition Hall of the Capitol Visitor Blumenauer Connolly (VA) Franks (AZ) make sure that Wall Street banks are Center to the Senate Chamber so that such Blunt Conyers Frelinghuysen catafalque may be used in connection with Boccieri Cooper Fudge accountable. We need to make sure we Boehner Costa Gallegly move away from our dependence on for- services to be conducted there for the Honor- able Robert C. Byrd, late a Senator from the Bonner Costello Garamendi Bono Mack Courtney Garrett (NJ) eign oil, so that we stand up to the big State of West Virginia. insurance companies and provide ac- Boozman Crenshaw Gerlach Boren Critz Giffords cess to health care for all Americans. The concurrent resolution was con- curred in. Boswell Crowley Gingrey (GA) There has been a clear difference for Boucher Cuellar Gohmert the decisions that we made because we A motion to reconsider was laid on Boustany Cummings Gonzalez the table. Boyd Dahlkemper Goodlatte know on this side that leadership is Brady (PA) Davis (AL) Gordon (TN) about action, not position. f Braley (IA) Davis (CA) Granger f Bright Davis (IL) Graves (GA) ANNOUNCEMENT BY THE SPEAKER Broun (GA) Davis (KY) Graves (MO) TRADE, COMPETITIVENESS, AND PRO TEMPORE Brown (SC) Davis (TN) Grayson CLEAN ENERGY TECHNOLOGIES Brown, Corrine DeFazio Green, Al The SPEAKER pro tempore. Pursu- Brown-Waite, DeGette Green, Gene (Mr. QUIGLEY asked and was given ant to clause 8 of rule XX, proceedings Ginny Delahunt Griffith permission to address the House for 1 will resume on motions to suspend the Buchanan DeLauro Grijalva rules previously postponed. Burgess Dent Guthrie minute.) Burton (IN) Deutch Gutierrez Mr. QUIGLEY. Mr. Speaker, trade is Votes will be taken in the following Butterfield Diaz-Balart, L. Hall (NY) critically important to our economic order: Buyer Diaz-Balart, M. Hall (TX)

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12404 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Halvorson Matheson Ross Stark Taylor Woolsey Goodlatte Lynch Rohrabacher Hare Matsui Rothman (NJ) Sutton Wamp Young (AK) Gordon (TN) Mack Rooney Harman McCarthy (CA) Roybal-Allard Granger Maffei Ros-Lehtinen Harper McCarthy (NY) Royce b 1111 Graves (GA) Maloney Roskam Hastings (FL) McCaul Ruppersberger Graves (MO) Manzullo Ross Hastings (WA) McClintock Rush So (two-thirds being in the affirma- Grayson Marchant Rothman (NJ) Heinrich McCollum Ryan (OH) tive) the rules were suspended and the Green, Al Markey (CO) Roybal-Allard Heller McCotter Ryan (WI) concurrent resolution, as amended, was Green, Gene Markey (MA) Royce Hensarling McDermott Salazar agreed to. Griffith Marshall Ruppersberger McGovern Grijalva Matheson Herger Sa´ nchez, Linda The result of the vote was announced Rush Herseth Sandlin McHenry T. Guthrie Matsui Ryan (OH) Higgins McIntyre Sanchez, Loretta as above recorded. Hall (NY) McCarthy (CA) Ryan (WI) Hill McKeon Sarbanes A motion to reconsider was laid on Hall (TX) McCarthy (NY) Salazar Himes McMahon Scalise the table. Halvorson McCaul Sa´ nchez, Linda Hinchey McMorris Schakowsky Hare McClintock T. Hinojosa Rodgers Schauer f Harman McCollum Sanchez, Loretta Hirono McNerney Schiff Harper McCotter Sarbanes Hastings (WA) McDermott Hodes Meek (FL) Schmidt PAULA HAWKINS POST OFFICE Scalise Heinrich McGovern Holden Meeks (NY) Schock Schakowsky BUILDING Heller McHenry Holt Melancon Schrader Schauer Mica Hensarling McIntyre Honda Schwartz The SPEAKER pro tempore. The un- Schiff Hoyer Michaud Herger McKeon Scott (GA) finished business is the vote on the mo- Schmidt Hunter Miller (FL) Herseth Sandlin McMahon Scott (VA) Schock Inglis Miller (MI) tion to suspend the rules and pass the Higgins McMorris Sensenbrenner Schrader Inslee Miller (NC) bill (H.R. 5395) to designate the facility Hill Rodgers Serrano Schwartz Israel Miller, Gary Himes McNerney Sessions of the United States Postal Service lo- Scott (GA) Issa Miller, George Hinchey Meek (FL) Sestak cated at 151 North Maitland Avenue in Scott (VA) Jackson (IL) Minnick Hinojosa Meeks (NY) Jackson Lee Mitchell Shadegg Maitland, Florida, as the ‘‘Paula Haw- Hirono Melancon Sensenbrenner (TX) Mollohan Shea-Porter kins Post Office Building,’’ on which Hodes Mica Serrano Jenkins Moore (KS) Sherman the yeas and nays were ordered. Holden Michaud Sessions Johnson (GA) Moran (KS) Shimkus Holt Miller (FL) Sestak Johnson (IL) Moran (VA) Shuler The Clerk read the title of the bill. Honda Miller (MI) Shadegg Johnson, Sam Murphy (CT) Shuster The SPEAKER pro tempore. The Hoyer Miller (NC) Shea-Porter Jones Murphy (NY) Simpson question is on the motion offered by Hunter Miller, Gary Sherman Jordan (OH) Murphy, Patrick Sires the gentlewoman from the District of Inglis Miller, George Shimkus Kagen Murphy, Tim Skelton Inslee Minnick Shuler Kanjorski Myrick Slaughter Columbia (Ms. NORTON) that the House Israel Mitchell Simpson Kaptur Nadler (NY) Smith (NE) suspend the rules and pass the bill. Issa Mollohan Sires Kennedy Napolitano Smith (NJ) This will be a 5-minute vote. Jackson (IL) Moore (KS) Skelton Jackson Lee Moore (WI) Kildee Neal (MA) Smith (TX) The vote was taken by electronic de- Slaughter Kilpatrick (MI) Neugebauer Smith (WA) (TX) Moran (VA) Smith (NE) Kilroy Nunes Snyder vice, and there were—yeas 409, nays 0, Jenkins Murphy (CT) Smith (NJ) Kind Nye Space not voting 23, as follows: Johnson (GA) Murphy (NY) Smith (TX) Johnson (IL) Murphy, Patrick King (IA) Oberstar Speier Smith (WA) [Roll No. 403] Johnson, Sam Murphy, Tim King (NY) Obey Spratt Snyder Jones Myrick Kingston Olson Stearns YEAS—409 Space Jordan (OH) Nadler (NY) Kirk Olver Stupak Aderholt Buchanan Davis (IL) Kagen Napolitano Speier Kirkpatrick (AZ) Ortiz Sullivan Adler (NJ) Burgess Davis (KY) Kanjorski Neal (MA) Spratt Kissell Owens Tanner Akin Burton (IN) Davis (TN) Kaptur Neugebauer Stearns Klein (FL) Pallone Teague Alexander Butterfield DeFazio Kennedy Nunes Stupak Kline (MN) Pascrell Terry Altmire Buyer DeGette Kildee Nye Sullivan Kosmas Pastor (AZ) Thompson (CA) Andrews Calvert Delahunt Kilpatrick (MI) Oberstar Sutton Kratovil Paul Thompson (MS) Arcuri Camp DeLauro Kilroy Obey Tanner Kucinich Paulsen Thompson (PA) Austria Campbell Dent Kind Olson Teague Lamborn Payne Thornberry Baca Cantor Deutch King (IA) Olver Terry Lance Pence Tiahrt Bachmann Cao Diaz-Balart, L. King (NY) Owens Thompson (CA) Langevin Perlmutter Tiberi Bachus Capito Diaz-Balart, M. Kingston Pallone Thompson (MS) Larsen (WA) Perriello Tierney Baird Capps Dicks Kirk Pascrell Thompson (PA) Larson (CT) Peters Baldwin Capuano Dingell Titus Kirkpatrick (AZ) Pastor (AZ) Thornberry Latham Peterson Barrett (SC) Cardoza Djou Tonko Kissell Paul Tiahrt LaTourette Petri Barrow Carnahan Doggett Towns Klein (FL) Paulsen Tiberi Latta Pingree (ME) Bartlett Carney Donnelly (IN) Tsongas Kline (MN) Payne Tierney Lee (CA) Pitts Barton (TX) Carson (IN) Doyle Kosmas Pence Lee (NY) Poe (TX) Turner Bean Carter Dreier Titus Upton Kratovil Perlmutter Tonko Levin Polis (CO) Becerra Cassidy Driehaus Kucinich Perriello Lewis (CA) Pomeroy Van Hollen Berkley Castle Duncan Towns Vela´ zquez Lamborn Peters Tsongas Lewis (GA) Posey Berman Castor (FL) Edwards (MD) Lance Peterson Visclosky Turner Linder Price (GA) Berry Chaffetz Ehlers Langevin Petri Walden Upton Lipinski Price (NC) Biggert Chandler Ellison Larsen (WA) Pingree (ME) Walz Van Hollen LoBiondo Putnam Bilbray Childers Emerson Larson (CT) Pitts Wasserman Vela´ zquez Loebsack Quigley Bilirakis Chu Engel Latham Poe (TX) Schultz Visclosky Lofgren, Zoe Radanovich Bishop (GA) Clarke Eshoo Latta Polis (CO) Walden Lowey Rahall Waters Bishop (NY) Cleaver Etheridge Lee (CA) Pomeroy Lucas Rangel Watson Bishop (UT) Clyburn Fallin Lee (NY) Posey Walz Luja´ n Rehberg Watt Blackburn Coble Farr Levin Price (GA) Waters Lummis Reichert Waxman Blumenauer Coffman (CO) Fattah Lewis (CA) Price (NC) Watson Lungren, Daniel Reyes Weiner Blunt Cohen Filner Lewis (GA) Putnam Watt E. Richardson Welch Boccieri Cole Flake Linder Quigley Waxman Lynch Rodriguez Westmoreland Boehner Conaway Fleming Lipinski Radanovich Weiner Mack Roe (TN) Whitfield Bonner Connolly (VA) Forbes LoBiondo Rahall Welch Maffei Rogers (AL) Wilson (OH) Bono Mack Conyers Fortenberry Loebsack Rehberg Westmoreland Maloney Rogers (KY) Wilson (SC) Boozman Cooper Foster Lofgren, Zoe Reichert Whitfield Manzullo Rogers (MI) Wittman Boren Costa Foxx Lowey Reyes Wilson (OH) Marchant Rohrabacher Wolf Boswell Costello Frank (MA) Lucas Richardson Wilson (SC) Markey (CO) Rooney Wu Boucher Courtney Franks (AZ) Luetkemeyer Rodriguez Wittman Markey (MA) Ros-Lehtinen Yarmuth Boustany Crenshaw Frelinghuysen Luja´ n Roe (TN) Wolf Marshall Roskam Young (FL) Boyd Critz Gallegly Lummis Rogers (AL) Wu Brady (PA) Crowley Garamendi Lungren, Daniel Rogers (KY) Yarmuth NOT VOTING—17 Bright Cuellar Garrett (NJ) E. Rogers (MI) Young (FL) Broun (GA) Culberson Gerlach Ackerman Culberson Luetkemeyer Brown (SC) Cummings Giffords NOT VOTING—23 Becerra Ellsworth Moore (WI) Brown, Corrine Dahlkemper Gingrey (GA) Brady (TX) Hoekstra Platts Brown-Waite, Davis (AL) Gohmert Ackerman Braley (IA) Edwards (TX) Clay Johnson, E. B. Ginny Davis (CA) Gonzalez Brady (TX) Clay Ellsworth

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12405 Fudge Moran (KS) Taylor Doggett Kirk Paulsen Towns Wasserman Whitfield Gutierrez Ortiz Wamp Donnelly (IN) Kirkpatrick (AZ) Payne Tsongas Schultz Wilson (OH) Hastings (FL) Platts Wasserman Doyle Kissell Pence Turner Waters Wilson (SC) Hoekstra Rangel Schultz Dreier Klein (FL) Perlmutter Upton Watson Wittman Johnson, E. B. Shuster Woolsey Driehaus Kline (MN) Perriello Van Hollen Watt Wolf LaTourette Stark Young (AK) Duncan Kosmas Peters Vela´ zquez Waxman Wu Edwards (MD) Kratovil Peterson Visclosky Weiner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Yarmuth Edwards (TX) Kucinich Petri Walden Welch Young (FL) The SPEAKER pro tempore (during Ehlers Lamborn Pingree (ME) Walz Westmoreland the vote). Two minutes remain in this Ellison Lance Pitts Emerson Langevin Poe (TX) NOT VOTING—13 vote. Engel Larsen (WA) Polis (CO) Brady (TX) Hoekstra Wamp Eshoo Larson (CT) Pomeroy 1118 Burton (IN) Johnson, E. B. Woolsey b Etheridge Latham Posey Clay Moran (KS) Young (AK) So (two-thirds being in the affirma- Fallin LaTourette Price (GA) Ellsworth Platts Farr Latta Price (NC) Fudge Taylor tive) the rules were suspended and the Fattah Lee (CA) Putnam bill was passed. Filner Lee (NY) Quigley ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The result of the vote was announced Flake Levin Radanovich The SPEAKER pro tempore (during Fleming Lewis (CA) Rahall as above recorded. Forbes Lewis (GA) Rangel the vote). There are 2 minutes remain- A motion to reconsider was laid on Fortenberry Linder Rehberg ing in this vote. the table. Foster Lipinski Reichert Foxx LoBiondo Reyes b 1127 f Frank (MA) Loebsack Richardson Franks (AZ) Lofgren, Zoe Rodriguez So (two-thirds being in the affirma- RECOGNIZING RESIDENTS OF Frelinghuysen Lowey Roe (TN) tive) the rules were suspended and the TRACY, CALIFORNIA Gallegly Lucas Rogers (AL) resolution was agreed to. Garamendi Luetkemeyer Rogers (KY) The result of the vote was announced The SPEAKER pro tempore. The un- Garrett (NJ) Luja´ n Rogers (MI) as above recorded. finished business is the vote on the mo- Gerlach Lummis Rohrabacher Giffords Lungren, Daniel Rooney A motion to reconsider was laid on tion to suspend the rules and agree to Gingrey (GA) E. Ros-Lehtinen the table. the resolution (H. Res. 1446) recog- Gohmert Lynch Roskam nizing the residents of the City of Gonzalez Mack Ross f Tracy, California, on the occasion of Goodlatte Maffei Rothman (NJ) Gordon (TN) Maloney Roybal-Allard ALEJANDRO RENTERIA RUIZ DE- the 100th anniversary of the city’s in- Granger Manzullo Royce PARTMENT OF VETERANS AF- corporation, for their century of dedi- Graves (GA) Marchant Ruppersberger FAIRS CLINIC cated service to the United States, on Graves (MO) Markey (CO) Rush Grayson Markey (MA) Ryan (OH) The SPEAKER pro tempore. The un- which the yeas and nays were ordered. Green, Al Marshall Ryan (WI) The Clerk read the title of the resolu- Green, Gene Matheson Salazar finished business is the vote on the mo- tion. Griffith Matsui Sa´ nchez, Linda tion to suspend the rules and pass the The SPEAKER pro tempore. The Grijalva McCarthy (CA) T. bill (H.R. 4307) to name the Department Guthrie McCarthy (NY) Sanchez, Loretta of Veterans Affairs community-based question is on the motion offered by Gutierrez McCaul Sarbanes the gentleman from California (Mr. Hall (NY) McClintock Scalise outpatient clinic in Artesia, New Mex- FILNER) that the House suspend the Hall (TX) McCollum Schakowsky ico, as the ‘‘Alejandro Renteria Ruiz Halvorson McCotter Schauer Department of Veterans Affairs Clin- rules and agree to the resolution. Hare McDermott Schiff This will be a 5-minute vote. Harman McGovern Schmidt ic’’, on which the yeas and nays were The vote was taken by electronic de- Harper McHenry Schock ordered. vice, and there were—yeas 419, nays 0, Hastings (FL) McIntyre Schrader The Clerk read the title of the bill. Hastings (WA) McKeon Schwartz The SPEAKER pro tempore. The not voting 13, as follows: Heinrich McMahon Scott (GA) [Roll No. 404] Heller McMorris Scott (VA) question is on the motion offered by Hensarling Rodgers Sensenbrenner the gentleman from California (Mr. YEAS—419 Herger McNerney Serrano FILNER) that the House suspend the Ackerman Boren Clarke Herseth Sandlin Meek (FL) Sessions Aderholt Boswell Cleaver Higgins Meeks (NY) Sestak rules and pass the bill. Adler (NJ) Boucher Clyburn Hill Melancon Shadegg This is a 5-minute vote. Akin Boustany Coble Himes Mica Shea-Porter The vote was taken by electronic de- Alexander Boyd Coffman (CO) Hinchey Michaud Sherman vice, and there were—yeas 417, nays 0, Altmire Brady (PA) Cohen Hinojosa Miller (FL) Shimkus Andrews Braley (IA) Cole Hirono Miller (MI) Shuler not voting 15, as follows: Arcuri Bright Conaway Hodes Miller (NC) Shuster [Roll No. 405] Austria Broun (GA) Connolly (VA) Holden Miller, Gary Simpson Baca Brown (SC) Conyers Holt Miller, George Sires YEAS—417 Bachmann Brown, Corrine Cooper Honda Minnick Skelton Ackerman Bishop (NY) Buyer Bachus Brown-Waite, Costa Hoyer Mitchell Slaughter Aderholt Bishop (UT) Calvert Baird Ginny Costello Hunter Mollohan Smith (NE) Adler (NJ) Blackburn Camp Baldwin Buchanan Courtney Inglis Moore (KS) Smith (NJ) Akin Blumenauer Campbell Barrett (SC) Burgess Crenshaw Inslee Moore (WI) Smith (TX) Alexander Blunt Cantor Barrow Butterfield Critz Israel Moran (VA) Smith (WA) Altmire Boccieri Cao Bartlett Buyer Crowley Issa Murphy (CT) Snyder Andrews Boehner Capito Barton (TX) Calvert Cuellar Jackson (IL) Murphy (NY) Space Arcuri Bonner Capps Bean Camp Culberson Jackson Lee Murphy, Patrick Speier Austria Bono Mack Capuano Becerra Campbell Cummings (TX) Murphy, Tim Spratt Baca Boozman Cardoza Berkley Cantor Dahlkemper Jenkins Myrick Stark Bachmann Boren Carnahan Berman Cao Davis (AL) Johnson (GA) Nadler (NY) Stearns Bachus Boswell Carney Berry Capito Davis (CA) Johnson (IL) Napolitano Stupak Baird Boucher Carson (IN) Biggert Capps Davis (IL) Johnson, Sam Neal (MA) Sullivan Baldwin Boustany Carter Bilbray Capuano Davis (KY) Jones Neugebauer Sutton Barrett (SC) Boyd Cassidy Bilirakis Cardoza Davis (TN) Jordan (OH) Nunes Tanner Barrow Brady (PA) Castle Bishop (GA) Carnahan DeFazio Kagen Nye Teague Bartlett Braley (IA) Castor (FL) Bishop (NY) Carney DeGette Kanjorski Oberstar Terry Barton (TX) Bright Chaffetz Bishop (UT) Carson (IN) Delahunt Kaptur Obey Thompson (CA) Bean Broun (GA) Chandler Blackburn Carter DeLauro Kennedy Olson Thompson (MS) Becerra Brown (SC) Childers Blumenauer Cassidy Dent Kildee Olver Thompson (PA) Berkley Brown, Corrine Chu Blunt Castle Deutch Kilpatrick (MI) Ortiz Thornberry Berman Brown-Waite, Clarke Boccieri Castor (FL) Diaz-Balart, L. Kilroy Owens Tiahrt Berry Ginny Cleaver Boehner Chaffetz Diaz-Balart, M. Kind Pallone Tiberi Biggert Buchanan Clyburn Bonner Chandler Dicks King (IA) Pascrell Tierney Bilbray Burgess Coble Bono Mack Childers Dingell King (NY) Pastor (AZ) Titus Bilirakis Burton (IN) Coffman (CO) Boozman Chu Djou Kingston Paul Tonko Bishop (GA) Butterfield Cohen

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12406 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Cole Hirono Miller (NC) Sires Terry Walz sider a report from the Committee on Rules Conaway Hodes Miller, Gary Skelton Thompson (CA) Wasserman on the same day it is presented to the House Connolly (VA) Holden Miller, George Slaughter Thompson (MS) Schultz is waived with respect to any resolution re- Conyers Holt Minnick Smith (NE) Thompson (PA) Waters Cooper Honda Mitchell Smith (NJ) Thornberry Watson ported through the legislative day of July 3, Costa Hoyer Mollohan Smith (TX) Tiahrt Watt 2010, providing for consideration or disposi- Costello Hunter Moore (KS) Smith (WA) Tiberi Waxman tion of any of the following: Courtney Inglis Moore (WI) Snyder Tierney Weiner (1) A conference report to accompany the Crenshaw Inslee Moran (VA) Space Titus Welch bill (H.R. 4173) to provide for financial regu- Critz Israel Murphy (CT) Speier Tonko Westmoreland latory reform, to protect consumers and in- Crowley Issa Murphy (NY) Spratt Towns Whitfield vestors, to enhance Federal understanding of Cuellar Jackson (IL) Murphy, Patrick Stark Tsongas Wilson (OH) Culberson Jackson Lee Murphy, Tim Stearns Turner Wilson (SC) insurance issues, to regulate the over-the- Cummings (TX) Myrick Stupak Upton Wittman counter derivatives markets, and for other Dahlkemper Jenkins Nadler (NY) Sullivan Van Hollen Wolf purposes. Davis (AL) Johnson (GA) Napolitano Sutton Vela´ zquez Wu (2) A measure that includes a subject mat- Davis (CA) Johnson (IL) Neal (MA) Tanner Visclosky Yarmuth ter addressed by H.R. 4213 or any amendment Davis (IL) Johnson, Sam Neugebauer Teague Walden Young (FL) pertaining thereto. Davis (KY) Jones Nunes NOT VOTING—15 SEC. 2. It shall be in order at any time Davis (TN) Jordan (OH) Nye through the legislative day of July 3, 2010, DeFazio Kagen Obey Brady (TX) Johnson, E. B. Rooney DeGette Kanjorski Olson Clay Loebsack Taylor for the Speaker to entertain motions that Delahunt Kaptur Olver Ellsworth Moran (KS) Wamp the House suspend the rules. The Speaker or DeLauro Kennedy Ortiz Fudge Oberstar Woolsey her designee shall consult with the Minority Dent Kildee Owens Hoekstra Platts Young (AK) Leader or his designee on the designation of Deutch Kilpatrick (MI) Pallone b 1134 any matter for consideration pursuant to Diaz-Balart, L. Kilroy Pascrell this section. Diaz-Balart, M. Kind Pastor (AZ) So (two-thirds being in the affirma- SEC. 3. It shall be in order without inter- Dicks King (IA) Paul Dingell King (NY) Paulsen tive) the rules were suspended and the vention of any point of order to consider con- Djou Kingston Payne bill was passed. current resolutions providing for adjourn- Doggett Kirk Pence The result of the vote was announced ment during the month of July. Donnelly (IN) Kirkpatrick (AZ) Perlmutter as above recorded. The SPEAKER pro tempore. The gen- Doyle Kissell Perriello Dreier Klein (FL) Peters A motion to reconsider was laid on tleman from Massachusetts is recog- Driehaus Kline (MN) Peterson the table. nized for 1 hour. Duncan Kosmas Petri Stated for: Mr. MCGOVERN. Mr. Speaker, for Edwards (MD) Kratovil Pingree (ME) Mr. ROONEY. Mr. Speaker, on rollcall No. the purposes of debate only, I yield the Edwards (TX) Kucinich Pitts 405, I was unavoidably detained. Had I been Ehlers Lamborn Poe (TX) customary 30 minutes to the gen- Ellison Lance Polis (CO) present, I would have voted ‘‘yea.’’ tleman from Texas (Mr. SESSIONS). All Emerson Langevin Pomeroy f time yielded during consideration of Engel Larsen (WA) Posey Eshoo Larson (CT) Price (GA) PERSONAL EXPLANATION the rule is for debate only. GENERAL LEAVE Etheridge Latham Price (NC) Ms. EDDIE BERNICE JOHNSON of Texas. Fallin LaTourette Putnam Mr. MCGOVERN. I also ask unani- Mr. Speaker, on rollcall Nos. 402, 403, 404, Farr Latta Quigley mous consent that all Members be Fattah Lee (CA) Radanovich and 405, had I been present, I would have given 5 legislative days in which to re- Filner Lee (NY) Rahall voted ‘‘yea’’ on each. Flake Levin Rangel vise and extend their remarks on House Fleming Lewis (CA) Rehberg f Resolution 1487. Forbes Lewis (GA) Reichert Fortenberry Linder Reyes REPORT ON RESOLUTION PRO- The SPEAKER pro tempore. Is there Foster Lipinski Richardson VIDING FOR CONSIDERATION OF objection to the request of the gen- Foxx LoBiondo Rodriguez CONFERENCE REPORT ON H.R. tleman from Massachusetts? Frank (MA) Lofgren, Zoe Roe (TN) 4173, DODD-FRANK WALL STREET There was no objection. Franks (AZ) Lowey Rogers (AL) Frelinghuysen Lucas Rogers (KY) REFORM AND CONSUMER PRO- Mr. MCGOVERN. I yield myself such Gallegly Luetkemeyer Rogers (MI) TECTION ACT time as I may consume. Garamendi Luja´ n Rohrabacher Mr. Speaker, H. Res. 1487 provides for Mr. MCGOVERN, from the Com- Garrett (NJ) Lummis Ros-Lehtinen consideration of a rule that allows for Gerlach Lungren, Daniel Roskam mittee on Rules, submitted a privi- Giffords E. Ross leged report (Rept. No. 111–518) on the the same-day consideration of a con- Gingrey (GA) Lynch Rothman (NJ) resolution (H. Res. 1490) providing for ference report to accompany H.R. 4173 Gohmert Mack Roybal-Allard and a measure that includes the sub- Gonzalez Maffei Royce consideration of the conference report Goodlatte Maloney Ruppersberger to accompany the bill (H.R. 4173) to ject matter addressed by H.R. 4213. Ad- Gordon (TN) Manzullo Rush provide for financial regulatory re- ditionally, this rule allows for legisla- Granger Marchant Ryan (OH) form, to protect consumers and inves- tion to be considered under suspension Graves (GA) Markey (CO) Ryan (WI) of the rules through July 3, 2010, and Graves (MO) Markey (MA) Salazar tors, to enhance Federal understanding Grayson Marshall Sa´ nchez, Linda of insurance issues, to regulate the allows for the consideration of concur- Green, Al Matheson T. over-the-counter derivatives markets, rent resolutions providing for adjourn- Green, Gene Matsui Sanchez, Loretta and for other purposes, which was re- ment during the month of July. Griffith McCarthy (CA) Sarbanes Mr. Speaker, this is a simple and Grijalva McCarthy (NY) Scalise ferred to the House Calendar and or- Guthrie McCaul Schakowsky dered to be printed. straightforward rule. It allows the Gutierrez McClintock Schauer rules for the Wall Street reform con- f Hall (NY) McCollum Schiff ference report in either the tax extend- Hall (TX) McCotter Schmidt WAIVING REQUIREMENT OF Halvorson McDermott Schock ers jobs bill or subject matters related Hare McGovern Schrader CLAUSE 6(a) OF RULE XIII WITH to the jobs bill, such as unemployment Harman McHenry Schwartz RESPECT TO CONSIDERATION OF insurance, to be considered on the Harper McIntyre Scott (GA) CERTAIN RESOLUTIONS same legislative day that they report it Hastings (FL) McKeon Scott (VA) Hastings (WA) McMahon Sensenbrenner Mr. MCGOVERN. Mr. Speaker, by di- out of the Rules Committee. This is an Heinrich McMorris Serrano rection of the Committee on Rules, I important step that must be taken if Heller Rodgers Sessions call up House Resolution 1487 and ask we are to pass these bills before the Hensarling McNerney Sestak Herger Meek (FL) Shadegg for its immediate consideration. Senate adjourns for the funeral of Sen- Herseth Sandlin Meeks (NY) Shea-Porter The Clerk read the resolution, as fol- ator BYRD. Higgins Melancon Sherman lows: This bill allows for clear actions, up- Hill Mica Shimkus H. RES. 1487 or-down votes on the conference report Himes Michaud Shuler Hinchey Miller (FL) Shuster Resolved, That the requirement of clause to prevent Wall Street from melting Hinojosa Miller (MI) Simpson 6(a) of rule XIII for a two-thirds vote to con- down like it did 2 years ago and a bill

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12407 to provide unemployment compensa- time to talk about excessive bor- The AARP said, this bill offers ‘‘new tion to people who have lost their jobs rowing, excessive spending, and exces- tools to combat investment scams tar- who cannot find work in this economy. sive taxation that seems to be the geted at older adults’’ and will hold b 1140 Democrat majority’s agenda. ‘‘scam artists accountable.’’ The Con- Mr. Speaker, in an effort to address sumer Federation of America says Mr. Speaker, these are clear-cut some of this wasteful government these reforms will ‘‘improve the mar- choices. Either you support fixing Wall spending that’s happening here in ketplace for consumers and investors.’’ Street or you don’t. Do you believe un- Washington, Republicans created If you’re mugged on the street, you employed Americans looking for work something called YouCut. This is an could lose your wallet. But if you’re should receive unemployment benefits online voting tool for Americans to mugged by Wall Street, as too many to help them pay for their mortgages, vote on what wasteful government Americans have been, you can lose a utilities, and food for their families or spending programs they would review, lifetime of savings. do you not? and they can make the decision on This bill arms families with more So far my Republican friends have what to eliminate. ways to protect themselves with the been on the wrong side of these issues. Today, I have the opportunity to call information that they need for in- I can only hope that they change their for a vote on the previous question for formed financial decisions. It addresses minds and decide to put everyday this week’s YouCut winner, which, of protections for questionable, often out- Americans first instead of continuing course, I am proud to cosponsor. Hun- rageous, financial industry practices, to play politics with these issues. dreds of thousands of Americans have preventing onerous hidden fees that I urge my colleagues to vote ‘‘yes’’ voted this week alone. have plagued credit card holders and on the rule, and I reserve the balance Mr. Speaker, I believe the American borrowers, and it creates a new hotline of my time. people are looking for people who can to report misconduct. Mr. SESSIONS. Mr. Speaker, I want come to Washington, D.C., to make The Consumer Financial Protection to thank the gentleman from Massa- tough choices, and this Democrat ma- Bureau will offer help against unscru- chusetts (Mr. MCGOVERN) for yielding jority is not even bringing a budget to pulous mortgage promoters, fore- me time, and I yield myself such time the floor of the House of Representa- closure scam operators, and payday as I may consume. tives for the 2011 budget. and student lenders. Mr. Speaker, the rule we are dis- Mr. Speaker, I’ve worked in business, This bill should have done more, cussing today allows for martial law small business, been around lots of peo- much more about those Wall Street in- authority for any bill pertaining to the ple who, every single organization I’ve terests that are paid too much, taxed extenders package as well as what is ever been a part of, started their year too little, and whose immense power called the Dodd-Frank bill, which is a with a budget. I’m shocked and dis- continues to threaten our economic 2,300-page government takeover of the mayed that this Democrat majority stability. But with stubborn opposition financial sector. will not bring a budget to the floor, so from Republicans, both here and espe- Mr. Speaker, this is as much about Republicans will spend their time talk- cially over in the Senate, as well as re- saving the financial industry as the ing about how we believe we can better jection of some reform by the Treasury health care bill was about health care, the circumstance we’re in, talking Department, we lack the more com- and it’s as much about jobs as the jobs about YouCut and the American people plete reforms, but we are making sig- bill supposedly was. It was about the being engaged in helping to move this nificant strides forward in offering con- diminishment of jobs, and this is about country forward. sumer protection that Americans real- the diminishment of the financial sec- Mr. Speaker, I encourage all my col- ly deserve. tor of this country. leagues to eliminate this wasteful Restoring discipline, supervision, ac- Additionally, this rule gives suspen- spending by voting against the rule and countability, and transparency will sion authority through the end of the previous question. only be opposed by those who unfairly week for the fifth straight legislative I reserve the balance of my time. profit at the expense of working and re- week. Mr. Speaker, it seems like every Mr. MCGOVERN. Mr. Speaker, my tired Americans. Whether it’s savings time I come to the House floor that I Republican friends have consistently for a soon-to-be college student, or an point out that my Democratic col- been against reining in the excesses of investment in a home or a retirement leagues are using an unprecedented re- Wall Street. I’m not shocked that they nest egg, this bill will provide greater strictive and closed process. I think the have that view because they’ve always security and peace of mind. Let us American people want and need trans- had that view. I am dismayed. adopt it promptly. parency, accountability, and solutions. But the American people want us to I remember just a few short years pass a regulatory reform bill. They also b 1150 ago when our Speaker said that she want us to extend unemployment bene- Mr. SESSIONS. Mr. Speaker, I yield 3 would run a House that was the most fits to those who are out of work. Un- minutes to the Republican whip, the honest, open, and ethical Congress. I fortunately, my Republican colleagues gentleman from Virginia, the favorite have yet to see evidence of that these have been blocking that. So that’s son (Mr. CANTOR). last few years. As a matter of fact, what this rule does, allows us to actu- Mr. CANTOR. I thank the gentleman week after week after week I see closed ally do something, and do many things, for yielding. rules, unprecedented shenanigans re- quite frankly, that the American peo- Mr. Speaker, today I rise in opposi- lated to bringing legislation to the ple want us to do. tion to this question of the previous floor, and a closed process. I know I yield 3 minutes to the gentleman question because today we should be where it is. Democrats left it out on from Texas (Mr. DOGGETT). voting and will be voting on the sixth the campaign trail. It was an empty Mr. DOGGETT. As one who has re- YouCut proposal. And well over 1 mil- promise when they made it, and the peatedly and vigorously opposed all lion Americans have sent a clear mes- emptiness of this promise has been ful- bank bailouts, whichever President sage to Washington: Stop the wasteful filled the past few years by an unprece- proposed them, I view this bill as mod- spending. dented amount of restrictive rules. est but very important progress. I’m I say, Mr. Speaker, to the American Since this Congress has managed to voting ‘‘yes’’ because I stand with people, Republicans hear you. And rack up a record $1.4 trillion deficit working families against big banks, for today I hope that our colleagues on the since 2009, more than three times the transparency in the financial markets, other side of the aisle will listen as size of the deficit in 2008, and are on with small businesses and family farm- well and join us. This week’s YouCut target to once again hit a $1.3 trillion ers and ranchers for tougher Wall proposal addresses one of the most deficit again this year, my Republican Street oversight, and for progress to- egregious yet underreported sources of colleagues and I are going to use this ward preventing future bank bailouts. government waste. Taxpayers are on

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12408 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 the hook for the salaries and benefits Nancy Pelosi’s gavel, said the tide is turning Boehner had praise, however, for Obama’s of Federal workers who simultaneously the GOP’s way. troop surge in Afghanistan and stepped-up work for their public employee unions ‘‘The American people have written off the drone attacks in Pakistan. He declined to list any benchmarks he has for measuring to the tune of $120 million per year. By Democrats,’’ Boehner said Monday in an interview with Tribune-Review editors and progress in the nine-year war, at a time of the way, these are the same unions reporters. ‘‘They’re willing to look at us increasing violence and Obama’s replace- that spend millions on political activi- again.’’ ment of Gen. Stanley McChrystal with Gen. ties and lobbying, often for causes that Boehner stopped short of predicting Repub- David Petraeus. hamper economic growth and private- licans would gain the 39 seats they need to Ensuring there’s enough money to pay for sector job creation. retake control of Congress, but he said a the war will require reforming the country’s Specifically, Mr. Speaker, the Na- backlash against President Obama’s policies entitlement system, Boehner said. He said has energized Republican voters more than he’d favor increasing the Social Security re- tional Labor Relations Board union tirement age to 70 for people who have at billed the taxpayers for an average of Democrats. Boehner said voters are angry at a government they believe is overreaching least 20 years until retirement, tying cost-of- 12.18 hours for each of its 1,104 employ- and indifferent. living increases to the consumer price index rather than wage inflation and limiting pay- ees. Since each hour costs $42, tax- University of Virginia political scientist ments to those who need them. payers are paying each worker $700 per Isaac Wood said excitement among tea party year on official union duties. ‘‘We need to look at the American people protesters might not carry over to the elec- and explain to them that we’re broke,’’ America is at a crossroads. We are torate as a whole. Boehner said. ‘‘If you have substantial non- not under any illusions. This cut alone ‘‘While the enthusiasm of tea party types Social Security income while you’re retired, may not erase the deficit overnight. may drive them to the polls and boost Re- why are we paying you at a time when we’re But this cut is a reflection of the symp- publicans, it does not yet seem that huge broke? We just need to be honest with peo- tom of the virus that has put our coun- waves of new voters will be flocking to the ple.’’ polls,’’ Wood said. try’s economy on life support. Only by Boehner said the protests are emblematic At this point I yield 3 minutes to the finally drawing a firm line on wasteful of deep voter anger against Washington’s gentlewoman from Florida (Ms. CAS- spending can we begin to kill the virus leaders. TOR). and preserve American prosperity for ‘‘They’re snuffing out the America that I Ms. CASTOR of Florida. I thank Con- generations to come. grew up in,’’ Boehner said. ‘‘Right now, we’ve gressman MCGOVERN from the Rules Mr. MCGOVERN. Mr. Speaker, I find got more Americans engaged in their govern- Committee for yielding time. it interesting that the previous speaker ment than at any time in our history. Mr. Speaker, I rise in strong support didn’t talk about the Wall Street regu- There’s a political rebellion brewing, and I of reforming Wall Street and this rule. don’t think we’ve seen anything like it since latory reform bill that my friends on Under this new Wall Street reform, 1776.’’ consumers and middle class families the Republican side of the aisle have The health care law passed in March been trying to block. win, and the big banks on Wall Street ‘‘pushed most Americans over the edge,’’ lose. The Wall Street reform bill is the The minority leader in a recent Boehner said. interview said that the bill that we are If Republicans retake control of the House, toughest regulation of Wall Street in bringing forth in Congress, this is kill- Boehner promised a vote on a bill repealing generations. And it comes after years ing an ant with a nuclear weapon. I the health care law and replacing it with a of recklessness that led to the financial find it disturbing that anyone would scaled-down package of tax breaks and court meltdown and the worst recession in characterize this financial crisis that reforms. Democrats likely would maintain our life times. That economy was built control of the Senate, and Obama could veto was brought on by Wall Street as an on a house of cards. the proposal, all but eliminating its chances Wall Street reform will provide a new ant. I mean it impacted millions and of succeeding. foundation for our economy to go, one millions of our citizens. ‘‘We are going to do everything we can to that inspires confidence and will spur I will ask to put this interview that make sure that this law and this program new jobs. Under the new law, con- appeared in the Pittsburgh Tribune-Re- never really takes effect,’’ Boehner said. One sumers and middle class families will view in the RECORD. option would be to repeal the $534 billion in benefit from a new consumer financial In that same interview, and I think Medicare cuts, which pay for more than half protection agency, a new independent it’s important for my colleagues to of the law’s provisions. ‘‘They’re going to need money from the Congress to hire these watchdog that will be on the side of know, the minority leader talked about 20,000-plus bureaucrats they need to hire to American families and consumers, be- his belief that we should raise the re- make this program work. They’re not going cause there always seems to be hidden tirement age for Social Security to 70. to get one dime from us.’’ charges and fees when you are applying Clearly, we need to talk about how we Boehner criticized the financial regulatory for a credit card or a mortgage or some keep Social Security solvent. But he overhaul compromise reached last week be- transaction. The new consumer agency then went further to say that we tween House and Senate negotiators as an overreaction to the financial crisis that trig- will root out the deceptive practices. should take that money and not put it Its mission will be to protect home- into Social Security but pay for the gered the recession. The bill would tighten restrictions on lending, create a consumer owners and small businesses rather war. So our senior citizens should pay protection agency with broad oversight than the big banks on Wall Street. for this war, the rest of us don’t, but power and give the government an orderly We will have new cops on the beat on the burden once again falls on our sen- way to dissolve the largest financial institu- Wall Street, new enforcement, trans- ior citizens. tions if they run out of money. parency, and oversight. The reform We know what they’re about. We ‘‘This is killing an ant with a nuclear measure rightfully outlaws future bank know what their beliefs are. And given weapon,’’ Boehner said. What’s most needed bailouts by taxpayers. I voted against an opportunity to take back control of is more transparency and better enforcement by regulators, he said. the Wall Street bailout, known as the House, we know that they will try TARP, because it focused entirely on to undo Wall Street regulatory reform Allan H. Meltzer, a political economy pro- fessor at Carnegie Mellon University, said Wall Street rather than middle class and try to undercut Social Security. the financial bill ‘‘does nothing to restore in- families, and it did not include safe- Mr. Speaker, I would appreciate it if tegrity to the mortgage market by cor- guards on executive pay, bonuses, and I were not interrupted while I am recting Fannie Mae and Freddie Mac, and transparency. speaking. And we know what they be- the bill does not eliminate ‘too big to fail.’ ’’ The Wall Street reform bill that we lieve. And it is in this interview which Boehner said Obama overreacted to the BP will pass today now levels the playing we will put in the RECORD. oil spill in the Gulf of Mexico. The spill field despite the opposition from the [From the Pittsburgh Tribune-Review, June might warrant a ‘‘pause’’ in deepwater drill- big banks and my colleagues on the 29, 2010] ing, but Obama’s blanket ban on drilling in the gulf—which a judge overturned last other side of the aisle. The reform bill OBAMA’S GOOD FOR GOP, BOEHNER SAYS week—could devastate the region’s economy, is also designed to protect consumers (By Mike Wereschagin and Salena Zito) he said. Louisiana State University sci- from predatory lending. House Republican Leader John Boehner, entists estimate the ban could have affected I strongly agree with the new re- the Ohio Republican with his eye on Speaker more than 10,000 jobs. quirements for mortgage lenders that

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12409 they must ensure that a person has an And on the issue of Social Security, provide families nationwide with the ability to repay a loan rather than the notion that somehow we are saying security of knowing that future finan- what happened in the subprime mar- to someone who is on Social Security cial challenges will be the result of ket, where they peddled the loans, today that you are going to end up see- honest markets, not crooked traders. flipped them, and then pocketed the ing the age increase to 70 is prepos- Honesty is what this bill is about. We cash and left us all with the mess. terous. We know full well that what’s all support a free market and the abil- So thank you, Chairman FRANK, and going to happen is we are talking about ity of each business to succeed or fail all of my colleagues on the Financial young workers today in their twenties on its own merits. This landmark legis- Services Committee. This is a great and thirties who want to make sure lation allows that competition to take day in Washington and all across that there is something there for So- place on a level playing field. It will America because consumers and middle cial Security. If we don’t tackle the help prevent another crisis like the one class families win. issue of entitlements, we won’t be able we’re still recovering from. Mr. SESSIONS. Mr. Speaker, to bal- to do what the American people have I’m surprised that there’s opposition ance out this argument just a little bit, said this Congress should be doing, and to this legislation. After what our I know we have those that want to that is reining in the kind of spending country has been through, how can characterize what Republicans stand the likes of which—we have seen an 84 anyone oppose bringing credit default for, but I would like to also address the percent increase in nondefense spend- swaps out into the sunshine? How can statements that have been made here ing in the last 17 months. We need to anyone oppose allowing shareholders a on the floor and balance out the at- make sure we rein that in. And these say on executive compensation? Or a tacks against Republicans. kinds of proposals will do just that. framework that prevents future bail- The gentleman Mr. HOYER on June 22 said this in regards to what our leader b 1200 outs by allowing companies that de- serve to fail because they’re engaging Mr. BOEHNER said, and I quote: ‘‘On the Mr. SESSIONS. I reserve the balance in risky practices to fail? spending side, we could and should con- of my time. Families in the 39th District of Cali- sider a higher retirement age, or one Mr. MCGOVERN. Mr. Speaker, my fornia will be more secure because of pegged to lifespan; more progressive objection about Mr. BOEHNER’s state- the action that we are taking today. Social Security and Medicare benefits ments with regard to Social Security ... ’’ was that he wanted to take the money I thank our leadership, Chairman Mr. Speaker, you know, just the un- from Social Security and pay for the FRANK, and the conferees for their hard relenting liberal attacks on this coun- war. Not put it into a Social Security work and urge my colleagues to pass try that have diminished this country’s trust fund, not to shore-up Social Secu- this legislation. ability to have a free enterprise system rity. That’s what bothers me, is their Mr. SESSIONS. Madam Speaker, at have brought us higher taxes, incred- continued determination to undermine this time I yield 3 minutes to the gen- ible debt, and a future that diminishes the Social Security system. tleman from Marietta, Georgia, Dr. our ability for our children and grand- Mr. BOEHNER said in his interview PHIL GINGREY. children. that we should raise the retirement age Mr. GINGREY of Georgia. Madam I yield 2 minutes to the gentleman to 70, take their money, and put it to- Speaker, all across the country, Ameri- from California (Mr. DREIER). wards the war. For 8 years, they abdi- cans are asking Congress to get our fis- Mr. DREIER. I thank my friend for cal house in order. This desire for yielding. cated their responsibility to pay for the war. Now they want to pay for it on change and fiscal responsibility can be And, Mr. Speaker, I do so because un- seen in the 1.1 million votes for House fortunately the manager on the other the backs of senior citizens. That’s Republican Whip CANTOR’S YouCut ini- side of the aisle wouldn’t yield to me. what I object to. That’s what I object tiatives. Each vote is a vote to cut And I am happy within my 2-minute to. spending and to cut that spending now. time frame to yield to him at any time And the other thing, Mr. Speaker, is I can think of no clearer message to when he would like to ask me to yield. that we hear time and time again, Let me just say that the notion of Well, we all want to deal with the ex- the Democratic leadership who, unfor- tunately to date, have kept their saying that because Mr. BOEHNER ar- cesses in Wall Street. We all want to do gued that this bill is itself killing an this; we all want to do that. But when earplugs in and they have refused to ant with a nuclear weapon is designed it comes time to do anything meaning- listen. to say this bill puts into place perma- ful, they are missing in action. Their solution instead has been more nent bailout authority. Now, the Amer- So this is an opportunity for us to borrowing, more spending, and more ican people are virulently opposed to get something done, and I urge my col- bailouts. Indeed, that’s what they rec- going down this path that we already league to support the bill. ommended at the recent G–8/G–20 con- seem to be on of establishing bailout At this time I yield 2 minutes to the ference in Toronto which was totally after bailout. And they know that it’s gentlewoman from California (Ms. rejected by the other participating na- a mistake. And so Mr. BOEHNER simply LINDA T. SA´ NCHEZ). tions. was arguing that while we all want to Ms. LINDA T. SA´ NCHEZ of Cali- Madam Speaker, this week, week six deal with the issue of regulatory re- fornia. Mr. Speaker, I rise today on be- of the YouCut program, Americans form to ensure that what we went half of taxpayers in California who will chose my proposal to address the waste through in the last 2 years will not no longer be on the hook when Wall associated with Federal employee confront us again, the idea of putting Street fails. This body has spent the unions. In 2008, the Office of Personnel your hand up and saying, we know last 3 years dealing with the fallout Management, OPM, reported in a sam- what they’re all about—there is no one from the financial crisis. In my district ple of 61 Federal agencies that approxi- who wants to maintain the status quo. in southern California, we’ve seen lost mately three million official time We all want to take steps to ensure jobs, homes, businesses, and shattered hours, taxpayer time hours, were used that we don’t have to suffer as we have dreams of financial security. in union activities by Federal employ- for the past 2 years. But this bill estab- These challenges were in large part ees for a cost to the taxpayer of $120 lishing permanent bailout authority the result of an ineffective, and in million. will in fact undermine our ability to some places, nonexistent regulatory Currently, some Federal employees get this economy back on track, and, system. This encouraged risk and al- spend up to a hundred percent—that’s as Mr. BACHUS pointed out in his testi- lowed financial institutions to operate right, a hundred percent—of their work mony upstairs in the Rules Committee in a lawless environment where there day paid by taxpayers doing work for a few minutes ago, will cost jobs. were no consequences for their actions. their unions. My proposal prevents That’s the reason we have great con- The legislation that we put forth Federal employees from using tax- cerns about it. today seeks to fix those failures and payer-funded time to participate in

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12410 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 union activities and would save $1.2 bil- will have an oversight board that will tleman from Massachusetts to engage lion over the next 10 years and 30 mil- look at how they address the question in a short colloquy. lion hours of taxpayer time—$1.2 bil- of banking loans. Small businesses will Mr. Chairman, I would like to con- lion and 30 million hours. be able to access credit. There will be firm that all insurance companies, spe- So Madam Speaker, every American transparency and accountability. What cifically mutual insurance holding knows that Congress has a spending is there to be opposed to? companies, are included in the defini- problem. Our national debt is simply Those who happen to be included in tion of ‘‘insurance company’’ that ap- unsustainable, and tough choices need minority- and women-owned businesses pears in the Resolution Authority title to be made now to get our debt and our will for the first time not be stopped at of the conference report. budget deficits under control. I urge the door to access credit. Further, I would like to confirm my you to listen to Americans across the Then of course we’ll be able to have understanding that, under title II of country, to Republicans on this side of an oversight board that will forever the conference report, all insurance the aisle, and to act now. And this pro- eliminate the words ‘‘too big to fail.’’ companies, specifically including mu- posal is a first step. Experts who will continuously look at tual insurance holding companies, re- A worthy second step would be actu- the infrastructure of this financial sys- main subject to resolution under the ally passing a budget this year, because tem. existing State insurance insolvency as every American family knows, you We know that capitalism is strong, and liquidation regimes. can’t begin to cut spending until you but it must be a strong system that has Will the chairman confirm my under- actually come up with a budget. a heart, that can withstand the scru- standing on this point? Madam Speaker, the American peo- tiny of those who are seeking to find I yield to Chairman FRANK. ple are tired of this reckless spending the weaknesses. We have to stand with Mr. FRANK of Massachusetts. I addiction that has resulted in a record the consumer so that the consumer thank the gentleman, and I commend national debt and record budget defi- does not fall victim to the too big to him for paying attention to a very spe- cits. Like every addict knows, the first fail who were willing to take risks be- cific but very important point. step to recovery is admitting that you cause they were padding their pockets. He is absolutely right. We have no in- have a problem. This is the right decision that is now tention here of disturbing the well-run I urge my Democratic colleagues to being made, and this bill will provide State insurance regime. We respect and take that step and start addressing the you with the oversight and the protec- honor that form of the mutual insur- problems by saving taxpayers over $1 tive coverage for the banking con- ance holding company. The gentle- billion to date. Vote to defeat the pre- sumer. Support the underlying rule and man’s interpretation is entirely cor- vious question so we can amend the this bill. Stand with the American peo- rect. They will remain subject to reso- rule to include this YouCut provision ple and make a difference. lution under their existing State insur- of fiscal responsibility submitted by b 1210 ance liquidity and insolvency regimes. the American people. Mr. SESSIONS. Madam Speaker, I Mr. SESSIONS. Madam Speaker, I Mr. MCGOVERN. Madam Speaker, yield 1 minute to the gentlewoman yield 1 minute to the gentleman from my friend from Georgia’s proposal rep- from Topeka, Kansas, Congresswoman Nebraska (Mr. TERRY). resents less than one-tenth of 1 percent Mr. TERRY. Madam Speaker, I defi- JENKINS. of what was borrowed to pay for the Ms. JENKINS. Madam Speaker, over nitely agree, in part, with some of this Iraq and Afghanistan war. Let’s get se- the past 6 weeks, more than 1 million bill in that we need transparency and rious here. And when I see that poster Americans have demanded action, and some accountability, especially in the that says ‘‘YouCut,’’ what they don’t House Republicans have listened. Un- exotic instruments, but this bill also show you is what they’re cutting and fortunately, the majority in the House grants some carte blanche power over what they want to cut is Social Secu- has not. While there are many issues the financial markets, not just on Wall rity, and the minority leader made that these people in this body disagree Street but on Main Street, too. This that very clear in his interview, that on, there are some issues that we bill is going to raise the costs for small they’re going to basically take money should all agree on. business operators and consumers who out of Social Security to pay for the We should agree that skyrocketing will use financial institutions. wars. Our senior citizens who have debt is a priority. We should agree that I also find it interesting that part of fought in wars, who have worked in our we cannot continue spending money the discussion here is to criticize or is factories, who have raised our families that we don’t have. We should agree to try to suggest that the Republicans are being told to pay for the wars. that it is wrong for taxpayers to pay want to cut Social Security. I’m curi- I yield 2 minutes to the gentlewoman for the salaries of employees who an- ous as to how the Members who are from Texas (Ms. JACKSON LEE.) swer to unions instead of to the Amer- raising that issue on the floor today Ms. JACKSON LEE of Texas. Madam ican people, and we should agree on voted on a health care bill that actu- Speaker, this is a very emotional time this very simple bill that says union ally took $500 billion out of Medicare, for many Americans as they look at activities should be funded by unions. which our seniors rely on. They voted pending unemployment, long months of I urge my colleagues to stand with to cut $500 billion out of it. addressing the question of how they the American people, to vote to save Mr. MCGOVERN. If the gentleman pay their mortgage, and reflecting on $1.2 billion and to end the abuse of tax- wants to know why I think you want to how we got to this place. payer money. cut Social Security, I am referring to That is why I stand today to support Mr. MCGOVERN. Madam Speaker, I the article in which the minority lead- the underlying rule and this financial hope we all can agree that we shouldn’t er is quoted quite extensively on that accountability complex legislation be cutting Social Security. I hope the issue. that has taken many, many hours and minority leader will get on the floor I yield 2 minutes to the gentleman days and weeks for us to come up with and will retract his statement that we from Kansas (Mr. MOORE). a way to say to America, We heard should be cutting Social Security to Mr. MOORE of Kansas. Madam you. pay for this war. They have abdicated Speaker, I rise in support of the rule to And so the first point of this bill is their responsibility for 8 years, and consider the Dodd-Frank Wall Street that there will be no taxpayer-paid now they want the senior citizens of Reform Conference Report. bailouts. And then for the first time this country to pay for this war. I For too many years, Wall Street was the consumers of America will have think that’s wrong. not properly regulated. Who paid for their own personal advocacy. They will I yield 2 minutes to the gentleman these mistakes? Unfortunately, it was have the Consumer Protection Board from Indiana (Mr. CARSON). our constituents on Main Street who that will look at credit card increases Mr. CARSON of Indiana. Madam paid the price, not Wall Street finan- and outlandish interest rates. They Speaker, I would like to ask the gen- cial firms.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12411 According to a recent Pew survey, lator—the SEC or the CFTC—has rule- of interest arising from the control of this result directly impacted more making, supervisory, examination or en- clearing and trading facilities by enti- than half of working Americans, push- forcement authority over the regulated per- ties such as swap dealers and major ing far too many into unemployment, son or such activities. To that end, the con- swap participants. ference report specifically states that ‘the pushing far too many to take pay cuts, Bureau shall have no authority to exercise This problem arises because, right reduced hours, part-time jobs, or de- any power to enforce this title with respect now, 95 percent of all of the clearing- layed retirement plans. So it is not to any person regulated by the Commission’ houses in this country are owned by surprising that many Americans have or the CFTC. just five banks. So, while we are rely- lost their faith and trust in our finan- It was not the intent of the conference ing on the clearinghouses to reduce cial system. committee to impose the regulatory author- systemic risk, we have the banks now The Dodd-Frank Act will restore ity of the Bureau over the activities of owning the clearinghouses. broker-dealers and investment advisers oth- Americans’ trust in a well-functioning The question I have is regarding the financial system. While the bill ends erwise subject to regulation by the SEC and CFTC. intent of the conferees in retaining ‘‘too big to fail’’ and taxpayer bailouts, Mr. SESSIONS. Madam Speaker, at subsection B of these provisions. It it also shields community banks, credit could be loosely construed to leave it unions, and small businesses from the this time, I yield 2 minutes to one of the newest Members of this body, the up to the agencies whether or not to necessary regulatory burdens that will adopt rules. gentleman from Hawaii, CHARLES be focused on Wall Street and on others Mr. Chairman, do you agree that my who created the financial crisis. Most DJOU. Mr. DJOU. I thank the gentleman reading of sections 726 and 765 affirma- importantly, this new law is fully paid tively require these agencies to adopt for. Taxpayers will not have to pick up from Texas for yielding. Madam Speaker, today, I rise and strong conflict of interest rules on con- the tab. count myself among the 1.1 million trol and governance of clearing and I urge my colleagues to protect con- trading facilities? sumers, investors and taxpayers by Americans who have already voted to cut spending via YouCut, a dynamic Mr. FRANK of Massachusetts. If the supporting this conference report. gentleman would yield to me, he has I will now turn to Chairman FRANK idea courtesy of the Republican whip, been a leader in this important area, for a brief colloquy. ERIC CANTOR. Mr. Chairman, thank you for your These Americans are saying to this and he is a careful lawyer and under- extraordinary leadership on this his- Congress that enough is enough. This stands that just saving a principle isn’t toric bill. government is spending far too much enough. You’ve got to make sure it is First, do you agree the conferees did money on programs that do not work. carried out. Dealing with a conflict of not intend to impose the regulatory Worst of all, we have no plan to pay interest that he has been a leader in authority of the bureau over the activi- this money back. Since the majority in identifying is essential if this is going ties of broker-dealers and investment Congress is refusing to cut spending, to to work. So I completely agree with advisers otherwise subject to regula- exercise discipline or to even pass a him. Yes, we mean both of those sub- tion by the SEC and CFTC? budget, the American people are rising sections, and it is a mandatory rule- Mr. FRANK of Massachusetts. If the up and are standing in this gaffe. making. gentleman would yield to me, I agree. Today’s YouCut winner, which we are I will say to my neighbor from Mas- As the gentleman knows, our bill going to be looking at, is a straight- sachusetts that we will be monitoring does give the SEC the power we expect forward proposal. It would simply pro- this carefully. They can expect over- them to use to impose greater fidu- hibit taxpayer funding for union activi- sight hearings because, yes, this is defi- ciary responsibilities on these people. ties. This would save taxpayers $120 nitely a mandate to them to adopt The consumer protection bureau will million this year alone and $1.2 billion rules to deal with what would be a bla- be a very powerful one. It will be deal- over the next 10 years. This is a simple, tant conflict of interest in the efficacy ing with financial products in the lend- commonsense idea, and it is one step in rules, and we intend to follow that ing area and elsewhere. It was not in- the right direction to restoring fiscal closely. tended to duplicate existing regula- order in our House. Mr. SESSIONS. Madam Speaker, at tion. So, in fact, as the gentleman I urge my colleagues to listen to the this time, I yield 4 minutes to the dis- knows, we enhance the regulatory au- American people, to cut this wasteful tinguished gentleman from California thority of those entities he mentioned, spending and to make tough choices (Mr. ROYCE). and there is no intention whatsoever, that will provide us with a better to- b 1220 nor is there language, I believe, that morrow for ourselves and for our fami- would lead to duplicate supervision by lies. Mr. ROYCE. I thank the gentleman the consumer protection bureau. Mr. MCGOVERN. Madam Speaker, for yielding. Mr. MOORE of Kansas. I thank the again, the proposal that the Repub- I rise in opposition to this rule and to gentleman. licans are talking about today rep- the underlying legislation. I rise be- cause reform is desperately needed, but CLARIFICATION FOR THE RECORD: CONSUMER resents less than one-tenth of 1 percent BUREAU VS. SEC/CFTC POWERS, PROVIDED of the Bush tax cuts that weren’t paid the reforms needed most are not in this BY REP. DENNIS MOORE (KS–03), JUNE 30, for. I mean, where was the fiscal re- bill. 2010, H.R. 4173, DODD-FRANK CONFERENCE sponsibility then? For example, this legislation fails to REPORT At this point, I yield 2 minutes to the reform the government-sponsored en- It was the conference committee’s intent gentleman from Massachusetts (Mr. terprises, and when you think about it, to avoid gaps in oversight, but also to avoid LYNCH). the housing crisis and the meltdown creating duplicative or competing rule- Mr. LYNCH. I thank the gentleman that we saw in that sector, and most of making and supervisory authorities, one the losses, were in the government- vested in the Consumer Bureau and the other for yielding. in the SEC or CFTC. Madam Speaker, for the purpose of a sponsored enterprises. As such, the final report provides exclusive colloquy, I would like to engage with That was not caused by a lack of gov- authority to the SEC and the CFTC over per- the chairman of the committee and the ernment intervention. Each of those sons they regulate to the extent those per- drafter of this legislation. I congratu- failed institutions had a regulator sons act in a ‘‘regulated capacity.’’ If such late him on the great work he has done overseeing it, but it was Congress, es- persons are not acting in a regulated capac- on this reform bill. pecially with the GSE Act, actively ity, their activities relating to the offering Mr. Chairman, I want to call your at- tying the hands of those regulators in and provision of consumer financial products tention to sections 726 and 765 of the what amounted to a failed attempt, or services may be subject to the authority of the Bureau instead of the SEC or CFTC. bill. These two provisions require the maybe for a good social end, the idea But to the extent they are acting in a ‘reg- CFTC and the SEC to conduct was to get everybody into a home. But ulated capacity’, only their functional regu- rulemakings to eliminate the conflicts to do that by putting these mandates

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12412 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 on the GSEs that 50 percent of the want them addressed in this legisla- the higher their FDI assessment will be portfolios that they held, 50 percent of tion. in general. That is an important piece that $1.7 trillion in portfolios that they Mr. MCGOVERN. Madam Speaker, I of it, and this particular application of held be in subprime and Alt-A, obvi- yield 30 seconds to the gentleman from it for these charitable institutions is ously, obviously created very real prob- Massachusetts (Mr. FRANK). essential. lems. Mr. FRANK of Massachusetts. I just Mr. SESSIONS. Madam Speaker, in The political intervention to get the want to correct the wholly-inaccurate- order to allow the gentleman from 20 percent down payment down to 3 because-of-being-incomplete history of California (Mr. ROYCE) time to rebut, I percent and then down to zero obvi- the gentleman from California. He yield the gentleman 1 minute. ously had an effect. These institutions, blames the Senate Democrats for not Mr. ROYCE. I thank the gentleman Fannie Mae and Freddie Mac, were at passing a bill. I didn’t hear him infer, for yielding. the center of the housing market, and maybe I missed it, that the House was I am ready to recognize, Chairman they were largely responsible for some then in control of the Republicans, and FRANK, that you were successful in de- 70 percent of subprime and Alt-A mort- the House didn’t pass that bill either. feating that amendment. You were suc- gages throughout our financial system. The gentleman from California had cessful, and certainly a majority of In order to reach the affordable hous- an amendment that he liked. He was this body, including many Republicans, ing mandates that Congress enacted in repudiated by his own party, over- joined you, and I think in 2003 you stat- 1992, Fannie and Freddie became the whelmingly. Now, I am sorry he wasn’t ed it well in terms of this perspective. largest purchasers of these junk loans, more persuasive with the Republicans. You said, ‘‘I do think I do not want the ending up with $1.8 trillion. In essence, I am sorry that the chairman of the same kind of focus on safety and they made the junk loan market. committee and the current leadership soundness that we have in OCC and Knowing of the systemic threat posed of the House and the then leadership of OTS. I want to roll the dice a little bit by these institutions, the Federal Re- the House voted against him, but you more in this situation towards sub- serve actually came to Congress, came can’t blame that on the Democrats. sidized housing.’’ to us a number of times, over a dozen And, in fact, what the Senate Repub- This was an argument that gained times, and asked us to rein in their ex- licans offered was the House Repub- ground on both of sides of the aisle, cessive risk taking. And when you hear lican bill. there is no doubt about it, but at the the arguments back and forth about, Mr. MCGOVERN. Madam Speaker, I same time, it was the Fed that sup- well, at one point or another we tried yield 2 minutes to the gentleman from ported my amendment that I brought to have legislation to address this, ask Illinois (Mr. GUTIERREZ). before this body in order to try to give yourself this. I will remind you of this. Mr. GUTIERREZ. I thank Mr. the Federal Reserve the ability to What the Fed wanted was the ability to MCGOVERN for yielding. deleverage these portfolios in the in- deleverage these portfolios. What the Madam Speaker, I would like to ask terest of safety and soundness. Fed wanted was the ability to control the gentleman from Massachusetts, the This is a debate we have had many Fannie and Freddie for systemic risk, chairman, to engage in a short col- times. We had a different perspective. and that is a responsibility that Con- loquy. But today going forward, we are ex- gress would not give them. Chairman FRANK, with regard to as- panding systemic risk in many ways in In 2005, that debate came to a head, sessments on financial institutions this legislation. and under the leadership of Chuck under the resolution authority title of Mr. MCGOVERN. I yield 1 minute to Hagel and RICHARD SHELBY, Senate Re- the bill, title II, I want to clarify that the gentleman from Massachusetts publicans moved a bill, supported by the risk matrix criteria regarding the (Mr. FRANK). the Fed, through the Banking Com- FDIC to take the scope and nature of Mr. FRANK of Massachusetts. mittee that attacked the heart of the an institution’s activity into consider- Madam Speaker, the gentleman from problem, the excessive buildup of lever- ation when setting assessments means California still won’t be forthright age and risk within the mortgage port- that such assessments should be made about this. folios. And, as the Wall Street Journal in light of the impact of potential as- The Republican-controlled House, said, the White House, Treasury De- sessments on the ability of an institu- chaired by Mr. Oxley in the committee, partment and Federal Reserve lined up tion that is a tax-exempt, not-for-prof- passed the bill that he objected to. He behind Mr. SHELBY. But he was never it organization to carry out their le- said I was successful in defeating it. able to bring his bill to the floor be- gally required charitable and edu- No, I played a fairly minor role under cause of opposition from Democrats. cational activities. Mr. DeLay and the Republican leader- Both in the House and Senate, Demo- Can the chairman confirm my under- ship. Mr. DeLay did not take advice crats were aggressively trying to de- standing on this point? from me. If Mr. DeLay took advice feat our efforts under the guise of pro- Mr. FRANK of Massachusetts. If the from me, he wouldn’t have gone on the tecting affordable housing. Mr. DODD gentleman will yield to me, yes, I abso- dance show. I would have advised him and Mr. Sarbanes blocked those re- lutely can. Let me say this is con- against it. forms in the Senate. sistent with the leadership the gen- The fact is that it was a Republican Luckily, some Members from the tleman from Illinois has shown in deal- House that passed the bill the gen- other side have noted this failure. In ing with risk factors. Up until now, and tleman is denouncing, and I don’t know 2008, President Clinton said, ‘‘I think until this bill passes, we have been why he keeps mentioning history and the responsibility that the Democrats automatically assessing institutions leaving that out until he has to be re- have may rest more in resisting any ef- solely on the basis of their assets or minded. forts by Republicans in the Congress, their amounts. We want to discourage He did offer an amendment. He was or by me when I was President, to put excessive risk and make those who overwhelmingly defeated. More than some standards and tighten up a little take the risk bear a fair share. two-thirds of the Republicans voted on Fannie Mae and Freddie Mac.’’ Here the gentleman is clearly correct against him. It is unfortunate that we lost that that to the extent you have got a tax By the way, as to my own view, yes, battle. Our housing market, our finan- exemption because you engage in char- in 2003 I said there was no problem. In cial sector and the broader economy itable activity, in effect you shouldn’t 2004, after President Bush, while the are dealing with the consequences of get assessed on that basis. Republicans controlled Congress and that very systemic shock that the Fed The gentleman has gone further. didn’t hinder him, ordered Fannie Mae had anticipated and warned us about. Smaller banks in this country will be and Freddie Mac to increase their pur- Today, despite what some may claim, the beneficiaries of an important piece chase of loans from people below the we are not advocating for the elimi- of this legislation, thanks to his lead- median, I changed my position. So I nation of the GSEs tomorrow, but we ership. The riskier the bank’s activity, joined the Republican leadership of the

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I yield the gen- deficits that are two and three times as This bill ends the period of no-doc tleman an additional 15 seconds. large as they had ever been previously loans and drive-by appraisals with new Mr. FRANK of Massachusetts. I don’t in our history, including the last time lending standards, with risk retention understand the purpose of giving such the Republicans were in the majority to ensure lenders want to keep those a partial history. He neglects to men- in this Congress. good loans on their books, and rating tion in 2007 when the Democrats took We spent too much money in 2004 agency liability and reform. the majority and I became chairman, when we had a $400 billion deficit. That Next, derivatives were at the heart of we passed the bill that he couldn’t get looks like peanuts today compared to the AIG failure. This bill creates regu- passed in 2005, because we worked with what we’re facing. Support the effort lation where it did not exist in this Secretary Paulson, who acknowledges to cut our government spending. Op- multitrillion market with required this in his book. pose the ordering of the previous ques- transparency, ensuring that these So, yes, in 2003 I was not concerned, tion. trades are exchange-traded cleared but by 2005 I was. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE and-or reported. Capital reserves will be required to back up the risks they b 1230 The SPEAKER pro tempore. Before the Chair recognizes the gentleman take and protect the entire system. Mr. SESSIONS. Madam, Speaker, from Massachusetts, the Chair would And, most important, it ends taxpayer we’re sitting here arguing on the floor remind Members to be more cognizant bailouts. Those companies who take about who gets credit for what. I think of the gavel. risk, if you fail, you’re fired. Your we ought to give credit. We ought to The gentleman from Massachusetts shareholders will lose money and the give credit to the Democrats for tax- is recognized. financial industry is responsible for ing, spending, record unemployment, Mr. MCGOVERN. Madam Speaker, liquidation. higher debt. And what we’re talking just in response to the last speaker, The SPEAKER pro tempore. The about today, this bill, the financial this gimmick that the Republicans time of the gentlewoman has expired. services sector of this country will not have brought to the floor is really just Mr. MCGOVERN. I yield the gentle- be healthy if we do not turn around our that—a gimmick. $120 million a year woman 30 additional seconds. economy. And that too, Madam Speak- they’re going to save. Let me just put Ms. BEAN. Everyone, from home er, is pin-the-tail-on-the-donkey. that in perspective. Just two policies buyers in our neighborhoods to wizards At this time I would like to yield 2 dating from the Bush administration— on Wall Street to regulators in Wash- minutes to the gentleman from Roa- tax cuts and the wars in Iraq and Af- ington, recognizes that the era of no noke, Virginia (Mr. GOODLATTE). ghanistan—accounted for over $500 bil- regulation is over. Status quo doesn’t Mr. GOODLATTE. Madam Speaker, I lion of the deficit in 2009, and will ac- work. It’s time to act and protect the urge my colleagues to oppose the rule count for almost $7 trillion of deficits American people. on this legislation that’s coming for- in 2009 through 2019, including the asso- Mr. SESSIONS. Madam Speaker, I ward. But before we get to the vote on ciated debt services cost. yield 4 minutes to the ranking member the rule, we’re going to have a vote on We need to get serious about dealing of the Financial Services Committee, ordering the previous question, and I with the debt and dealing with our def- the gentleman from Alabama (Mr. urge my colleagues to vote ‘‘no’’ on or- icit. But let’s make one thing clear: BACHUS). dering the previous question because When Mr. Bush came to power, Presi- Mr. BACHUS. This bill has good in it. that is the way to show your support dent Clinton left him a budget surplus. It really does. It has enhanced con- for today’s spending cut reduction No deficit. We’re paying down the debt. sumer protection similar to what the under the YouCut program that mil- When Mr. Bush left office, he left Federal Reserve has enacted. It has lions of Americans have participated Barack Obama with a record deficit greater transparency and disclosure. In in. that he is now trying to dig us out of the field of derivatives, it has provi- This week’s spending cut, developed in the midst of one of the worst econo- sions to prevent companies like British by Congressman PHIL GINGREY of Geor- mies since the Great Depression. So Petroleum from manipulating the mar- gia, addresses one of the perpetual when they get on the floor with these ket, as they did last year. But there’s a roadblocks to American private-sector gimmicks, let’s understand what they lot of bad in this bill, and there’s a lot job creation and economic recovery— are—they are gimmicks. If you want to of ugly. I’m going to talk about the bad Federal employee unions. The proposal get serious about reducing the debt, when I address the bill. And the bad is would prohibit taxpayer funding for then let’s get serious about it. some capital requirements on compa- union activities, saving taxpayers $120 I will tell you one thing I do disagree nies that could cost a trillion dollars. million a year, or $1.2 billion over the with him on very strongly. Again, I’ll And that’s a greater amount than the next 10 years. Federal employees’ go back to the article I referred to be- two stimuluses put together. That unions collect millions in revenue each fore when Minority Leader BOEHNER could cost hundreds of thousands of year and spend significant amounts on talked about raising the retirement jobs. political activities and lobbying. I do age of Social Security to 70 and taking But right now I want to talk about not believe that they should also be that money and not putting it in So- the ugly. And the ugly is the bailout of subsidized by the taxpayers for their cial Security to keep that program sol- creditors and counterparties. This is a official functions. Instead of sub- vent, but then moving it to pay for the Wall Street bailout bill, make no mis- sidizing union activities, the Federal wars. I think that is wrong. I think our take about it. This bill says that the Government must work to both elimi- seniors deserve better than that. FDIC can lend to a failing company. nate every cent of waste and squeeze I yield 1 minute to the gentlewoman Now this is a company that is failing. every cent of value out of each dollar from Illinois (Ms. BEAN). They can’t meet their obligations. You our citizens entrust to it. Ms. BEAN. Since the 2008 financial loan a failing company money. You can When we’re facing gigantic deficits crisis that reduced the values of their purchase the assets. This is the govern- each year, the President’s budget that homes and savings, our constituents ment purchasing the assets of the larg- he submitted earlier this year projects have demanded action and answers. est financial companies in America. a 70 percent expenditure over top of What went wrong and what will Con- They can take a security interest in

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12414 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 the assets. They can guarantee the ob- conference report, is straightforward. There was no objection. ligations of the firm. We did that with It puts in order on the floor of the The SPEAKER pro tempore. The Fannie and Freddie. We told the Chi- House of Representatives today a bill time of the gentleman has expired. nese bondholders, We’ll pay you a hun- which will be a monstrous spending bill Mr. MCGOVERN. Madam Speaker, dred cents on the dollar. And with AIG for financial institutions, $18 billion how much time do I have remaining? we did the same thing. We told the Eu- that will be passed on to consumers. The SPEAKER pro tempore. The gen- ropean banks, we told Goldman and It’s all done for bigger government. tleman from Massachusetts has 41⁄2 Morgan, We’ll pay these credit swaps This bill empowers the Federal Govern- minutes. off at a hundred percent. They can do ment not only to get larger, but it Mr. MCGOVERN. Madam Speaker, that under this bill. They can bail out gives them raw power. It gives them the American people are frustrated. creditors and counterparties. And they the opportunity to be the decision- They’re frustrated that we haven’t can even sell and transfer to the FDIC maker in literally all parts of financial passed a Wall Street regulatory reform the assets of a failing firm. services. I think that’s a mistake. I bill sooner. I think my friends on the Now how do they do that? Well, they think that the balances and the oppor- other side of the aisle just don’t get it. have to borrow money. You can’t buy tunities that we had had as we have I don’t think they understand that an something for free. You can’t guar- spoken in the last few years, we should unregulated Wall Street with no antee things without money. Under the aim for safety and soundness, not for checks and balances will produce an- House bill, you can borrow 90 percent overbearing government rules and reg- other economic crisis like the one we of the fair value of the failed firm’s ulations. are trying to dig ourselves out of right total consolidated assets. You’re going This bill, once again, is as much now. The Republican minority leader, to borrow. In other words, the govern- about the financial services industry as Mr. BOEHNER, said, This is killing an ment, the taxpayers, are going to bor- the health care bill was about health ant with a nuclear weapon. An ant? It row 90 percent of that amount. What care. It’s about diminishing the free was the worst financial crisis since the are we talking about? Potentially, with enterprise system. It’s about dimin- Great Depression. ishing people who really should take just the largest six companies in Amer- America has lost 8 million jobs and the role and the responsibility for that ica—Bank of America, Morgan Chase, $17 trillion of retirement savings and which they do. And it’s about creating Citi, Wells Fargo, Goldman Sachs, Mor- net worth. The irresponsible fiscal poli- a larger government that will encroach gan Stanley, the so-called Wall Street cies of the previous administration— upon every single one of us and ulti- banks, most of which, including Gold- and a lot of my friends on the other mately crush us. The Republican Party man Sachs, have said, We like this pro- side—were much more than an ant to disagrees with this bill because we vision. It’s a great provision. The Fed- the American workers and their fami- think that the time should be spent on eral Government can borrow for those lies and small businesses. They have this floor to encourage job creation, six firms $8.5 trillion. Yet we’ve not suffered greatly because of Wall not to diminish job creation. And asked, Where are you going to borrow Street’s excesses. And this notion that that’s what this bill does today also: it somehow we should just let Wall Street this money from? Are you going to go diminishes job creation. Taxing, spend- back to the Chinese? continue unregulated I think dem- ing, bigger government. Of course, I onstrates that my friends on the other b 1240 guess it depends whether you are work- side of the aisle just don’t get it. What will it cost? How will it affect ing for the government; you want the Madam Speaker, this rule would also the FDIC when the taxpayers borrow government to win or the free enter- allow for the same-day consideration of this kind of money? How will it affect prise system. an extension of unemployment benefits We’ve looked at the numbers over the our ability to pay the depositors that to millions of Americans who have lost last 4 years since Speaker PELOSI’s we have guaranteed those obligations? their jobs. Americans are frustrated be- come into office, and we know what How will it affect our ability to meet cause they can’t understand why Con- that agenda is—taxing, spending, more our commitments today, Medicare, gress can’t just approve this. What is debt, bigger government, rules, regula- Medicaid, Social Security? How will it the big deal? My friends on the other tions and using every single excuse impact the deficit? What will it do to they can to say, Well, you guys could side of the aisle say, Well, we can’t af- interest rates? Is there an exit strat- have done this when you were in. Well, ford it. Yet when it comes to war or egy? we don’t want to do that. We don’t when it comes to tax cuts for wealthy The largest bailout which is not ad- want to do this. We don’t want the tax- people, we are a bottomless pit. But dressed in this bill, the largest bailout ing. We don’t want the spending. To the fact of the matter is, we have an in the history of this country was of say that we could have done this, that obligation to help those who are suf- Fannie and Freddie. We still haven’t now we’re opposed to it, that’s crazy. fering because of this bad economy, gotten out of that. In August of 2008, We don’t like this. and hopefully we will do that. every Republican in this body said, Re- We want to be about the free enter- Madam Speaker, let me finally say form them before you bail them out. prise system, job creation, and the op- that when we enact this bill today, this We’ve bailed them out. We guaranteed portunity for people back home to have will be tough legislation that will end $400 billion of their assets over our pro- confidence in this body. We’re at the an era without accountability for Wall test. And then last December 31, the lowest level ever that people have con- Street and big banks that cost us 8 mil- President guaranteed all their obliga- fidence in this body. And no wonder. lion jobs. It will rein in big banks and tions; and just this week, we hear that Taxing, spending, rules, regulations, their big bonuses. It will put an end to that could amount to $1 trillion. blaming things on former Presidents. taxpayer bailouts and the idea of too A trillions dollars there, $2 trillion My gosh, grow up. Madam Speaker, no big to fail and protect and empower here, $2 trillion here, $2 trillion here, $1 wonder the American people are wor- consumers to make the best decisions trillion here, almost $1 trillion there. ried about our country, because the on homes, credit cards, and our own fi- How do we do it? How do the taxpayers Mickey Mouse still goes on and is nancial future. The American people get paid back? going on even today. want us to pass this bill. They want us Mr. MCGOVERN. I reserve the bal- Madam Speaker, I ask unanimous to pass an extension of unemployment ance of my time. consent to insert the text of the benefits, and hopefully by the end of Mr. SESSIONS. Madam Speaker, I amendment and extraneous material today, we will do both. yield myself the balance of my time. immediately prior to the vote on the So, Madam Speaker, I urge a ‘‘yes’’ I think it’s pretty obvious that Re- previous question. vote on the previous question and on publicans today have come down and The SPEAKER pro tempore. Is there the rule. debated the substance of this rule and objection to the request of the gen- The material previously referred to the bill. The rule, as it relates to the tleman from Texas? by Mr. SESSIONS is as follows:

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AMENDMENT TO H. RES. 1487 Speaker Joseph G. Cannon (R-Illinois) said:— Cardoza Honda Payne Carnahan Hoyer Perlmutter OFFERED BY MR. SESSIONS OF TEXAS ‘‘The previous question having been refused, the gentleman from New York, Mr. Fitz- Carney Inslee Perriello At the end of the resolution add the fol- gerald, who had asked the gentleman to Carson (IN) Israel Peters lowing new section: Castor (FL) Jackson (IL) Peterson yield to him for an amendment, is entitled to SEC. 4. Immediately upon the adoption of Chandler Jackson Lee Pingree (ME) the first recognition.’’ this resolution the Speaker shall, pursuant Chu (TX) Polis (CO) to clause 2(b) of rule XVIII, declare the Because the vote today may look bad for Clarke Johnson (GA) Pomeroy Clay Johnson, E. B. Price (NC) House resolved into the Committee of the the Democratic majority they will say ‘‘the vote on the previous question is simply a Cleaver Kagen Quigley Whole House on the state of the Union for Clyburn Kanjorski Rahall consideration of the bill (H.R. 3251) to repeal vote on whether to proceed to an immediate vote on adopting the resolution . . . [and] Cohen Kennedy Rangel certain provisions of title 5, United States Connolly (VA) Kildee Reyes has no substantive legislative or policy im- Code, relating to Federal employees’ official Conyers Kilpatrick (MI) Richardson time and labor organization activities. The plications whatsoever.’’ But that is not what Cooper Kilroy Rodriguez first reading of the bill shall be dispensed they have always said. Listen to the defini- Costa Kind Ross with. All points of order against consider- tion of the previous question used in the Costello Kirkpatrick (AZ) Rothman (NJ) Courtney Kissell Roybal-Allard ation of the bill are waived. General debate Floor Procedures Manual published by the Rules Committee in the 109th Congress, Critz Klein (FL) Ruppersberger shall be confined to the bill and shall not ex- Crowley Kosmas Rush ceed one hour equally divided and controlled (page 56). Here’s how the Rules Committee described the rule using information from Cummings Kratovil Ryan (OH) by the Majority Leader and the Minority Dahlkemper Kucinich Salazar Congressional Quarterly’s ‘‘American Con- Leader or their respective designees. After Davis (CA) Langevin Sa´ nchez, Linda gressional Dictionary’’: ‘‘If the previous general debate the bill shall be considered Davis (IL) Larsen (WA) T. question is defeated, control of debate shifts for amendment under the five-minute rule. Davis (TN) Larson (CT) Sanchez, Loretta to the leading opposition member (usually During consideration of the bill for amend- DeFazio Lee (CA) Sarbanes the minority Floor Manager) who then man- DeGette Levin Schakowsky ment, the Chairman of the Committee of the ages an hour of debate and may offer a ger- Delahunt Lewis (GA) Schauer Whole may accord priority in recognition on mane amendment to the pending business.’’ DeLauro Lipinski Schiff the basis of whether the Member offering an Deutch Loebsack Schrader Deschler’s Procedure in the U.S. House of amendment has caused it to be printed in the Dicks Lofgren, Zoe Schwartz portion of the Congressional Record des- Representatives, the subchapter titled Dingell Lowey Scott (GA) ignated for that purpose in clause 8 of rule ‘‘Amending Special Rules’’ states: ‘‘a refusal Doggett Luja´ n Scott (VA) XVIII. Amendments so printed shall be con- to order the previous question on such a rule Donnelly (IN) Lynch Serrano [a special rule reported from the Committee Doyle Maffei Sestak sidered as read. At the conclusion of consid- Driehaus Maloney Shea-Porter eration of the bill for amendment the Com- on Rules] opens the resolution to amend- ment and further debate.’’ (Chapter 21, sec- Edwards (MD) Markey (CO) Sherman mittee shall rise and report the bill to the Edwards (TX) Markey (MA) Shuler tion 21.2) Section 21.3 continues: ‘‘Upon re- House with such amendments as may have Ellison Marshall Sires been adopted. The previous question shall be jection of the motion for the previous ques- Ellsworth Matheson Skelton considered as ordered on the bill and amend- tion on a resolution reported from the Com- Engel Matsui Slaughter ments thereto to final passage without inter- mittee on Rules, control shifts to the Mem- Eshoo McCarthy (NY) Smith (WA) ber leading the opposition to the previous Etheridge McCollum Snyder vening motion except one motion to recom- Farr McDermott Space mit with or without instructions. If the question, who may offer a proper amendment or motion and who controls the time for de- Fattah McGovern Speier Committee of the Whole rises and reports Filner McIntyre Spratt bate thereon.’’ that it has come to no resolution on the bill, Foster McMahon Stark then on the next legislative day the House Clearly, the vote on the previous question Frank (MA) McNerney Stupak shall, immediately after the third daily on a rule does have substantive policy impli- Fudge Meek (FL) Sutton order of business under clause 1 of rule XIV, cations. It is one of the only available tools Garamendi Meeks (NY) Tanner for those who oppose the Democratic major- Gonzalez Melancon Teague resolve into the Committee of the Whole for Gordon (TN) Michaud Thompson (CA) further consideration of the bill. Clause 1(c) ity’s agenda and allows those with alter- native views the opportunity to offer an al- Grayson Miller (MI) Thompson (MS) of rule XIX shall not apply to the consider- Green, Al Miller (NC) Tierney ation of H.R. 3251. ternative plan. Green, Gene Miller, George Titus Mr. MCGOVERN. I yield back the bal- Grijalva Mollohan Tonko (The information contained herein was ance of my time, and I move the pre- Gutierrez Moore (KS) Towns provided by Democratic Minority on mul- Hall (NY) Moore (WI) Tsongas vious question on the resolution. Halvorson Moran (VA) Van Hollen tiple occasions throughout the 109th Con- The SPEAKER pro tempore. The Hare Murphy (CT) Vela´ zquez gress.) question is on ordering the previous Harman Murphy (NY) Visclosky THE VOTE ON THE PREVIOUS QUESTION: WHAT question. Hastings (FL) Murphy, Patrick Walz IT REALLY MEANS Heinrich Nadler (NY) Wasserman The question was taken; and the Herseth Sandlin Napolitano Schultz This vote, the vote on whether to order the Speaker pro tempore announced that Higgins Neal (MA) Waters previous question on a special rule, is not the ayes appeared to have it. Hill Oberstar Watson merely a procedural vote. A vote against or- Himes Obey Watt dering the previous question is a vote Mr. SESSIONS. Madam Speaker, on Hinchey Olver Waxman against the Democratic majority agenda and that I demand the yeas and nays. Hinojosa Ortiz Weiner a vote to allow the opposition, at least for The yeas and nays were ordered. Hirono Owens Welch Hodes Pallone Wilson (OH) the moment, to offer an alternative plan. It The SPEAKER pro tempore. Pursu- Holden Pascrell Wu is a vote about what the House should be de- ant to clauses 8 and 9 of rule XX, this Holt Pastor (AZ) Yarmuth bating. 15-minute vote on the previous ques- Mr. Clarence Cannon’s Precedents of the tion will be followed by 5-minute votes NAYS—182 House of Representatives, (VI, 308–311) de- Aderholt Boustany Chaffetz scribes the vote on the previous question on on adoption of House Resolution 1487, if ordered; and the motion to suspend the Akin Brady (TX) Childers the rule as ‘‘a motion to direct or control the Alexander Bright Coble consideration of the subject before the House rules on H.R. 4505. Austria Broun (GA) Coffman (CO) being made by the Member in charge.’’ To The vote was taken by electronic de- Bachmann Brown (SC) Cole defeat the previous question is to give the vice, and there were—yeas 243, nays Bachus Brown-Waite, Conaway opposition a chance to decide the subject be- Barrett (SC) Ginny Crenshaw 182, not voting 7, as follows: Bartlett Buchanan Cuellar fore the House. Cannon cites the Speaker’s [Roll No. 406] Barton (TX) Burgess Culberson ruling of January 13, 1920, to the effect that Biggert Burton (IN) Davis (KY) ‘‘the refusal of the House to sustain the de- YEAS—243 Bilbray Buyer Dent mand for the previous question passes the Ackerman Bean Boswell Bilirakis Calvert Diaz-Balart, L. control of the resolution to the opposition’’ Adler (NJ) Becerra Boucher Bishop (UT) Camp Diaz-Balart, M. in order to offer an amendment. On March Altmire Berkley Boyd Blackburn Campbell Djou 15, 1909, a member of the majority party of- Andrews Berman Brady (PA) Blunt Cantor Dreier Arcuri Berry Braley (IA) Boehner Cao Duncan fered a rule resolution. The House defeated Baca Bishop (GA) Brown, Corrine Bonner Capito Ehlers the previous question and a member of the Baird Bishop (NY) Butterfield Bono Mack Carter Emerson opposition rose to a parliamentary inquiry, Baldwin Blumenauer Capps Boozman Cassidy Fallin asking who was entitled to recognition. Barrow Boccieri Capuano Boren Castle Flake

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12416 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Fleming Latta Radanovich Clay Jackson (IL) Peters Guthrie Mack Rogers (MI) Forbes Lee (NY) Rehberg Cleaver Jackson Lee Peterson Hall (TX) Manzullo Rohrabacher Fortenberry Lewis (CA) Reichert Clyburn (TX) Pingree (ME) Harper Marchant Rooney Foxx Linder Roe (TN) Cohen Johnson (GA) Polis (CO) Hastings (WA) McCarthy (CA) Ros-Lehtinen Franks (AZ) LoBiondo Rogers (AL) Connolly (VA) Johnson, E. B. Pomeroy Heller McCaul Roskam Frelinghuysen Lucas Rogers (KY) Conyers Kagen Price (NC) Hensarling McClintock Royce Gallegly Luetkemeyer Rogers (MI) Cooper Kanjorski Quigley Herger McCotter Ryan (WI) Garrett (NJ) Lummis Rohrabacher Costa Kennedy Rahall Herseth Sandlin McHenry Scalise Gerlach Lungren, Daniel Hoekstra McKeon Rooney Costello Kildee Rangel Schmidt Giffords E. Hunter McMorris Ros-Lehtinen Courtney Kilpatrick (MI) Reyes Schock Gingrey (GA) Mack Critz Kilroy Richardson Inglis Rodgers Roskam Sensenbrenner Goodlatte Manzullo Crowley Kind Rodriguez Issa Mica Royce Sessions Granger McCarthy (CA) Cuellar Kissell Ross Jenkins Miller (FL) Ryan (WI) Shadegg Graves (GA) McCaul Cummings Klein (FL) Rothman (NJ) Johnson (IL) Miller (MI) Scalise Shimkus Graves (MO) McClintock Schmidt Dahlkemper Kosmas Roybal-Allard Johnson, Sam Miller, Gary Griffith McCotter Jones Shuler Schock Davis (CA) Kucinich Ruppersberger Minnick Guthrie McHenry Jordan (OH) Mitchell Shuster Sensenbrenner Davis (IL) Langevin Rush Hall (TX) McKeon Kaptur Moran (KS) Simpson Sessions Davis (TN) Larsen (WA) Ryan (OH) Harper McMorris King (IA) Murphy, Tim Smith (NE) Shadegg DeFazio Larson (CT) Salazar Hastings (WA) Rodgers King (NY) Myrick Smith (NJ) Shimkus DeGette Lee (CA) Sa´ nchez, Linda Heller Mica Kingston Neugebauer Smith (TX) Shuster Delahunt Levin T. Hensarling Miller (FL) DeLauro Lewis (GA) Sanchez, Loretta Kirk Nunes Stearns Herger Miller, Gary Simpson Kirkpatrick (AZ) Nye Smith (NE) Deutch Loebsack Sarbanes Sullivan Hoekstra Minnick Dicks Lofgren, Zoe Schakowsky Kline (MN) Olson Terry Hunter Mitchell Smith (NJ) Kratovil Paul Smith (TX) Dingell Lowey Schauer Thompson (PA) Inglis Moran (KS) Doggett Luja´ n Schiff Lamborn Paulsen Thornberry Issa Murphy, Tim Stearns Lance Pence Sullivan Donnelly (IN) Lynch Schrader Tiahrt Jenkins Myrick Doyle Maffei Schwartz Latham Petri Terry Tiberi Johnson (IL) Neugebauer Driehaus Maloney Scott (GA) LaTourette Pitts Thompson (PA) Titus Johnson, Sam Nunes Edwards (MD) Markey (CO) Scott (VA) Latta Platts Thornberry Turner Jones Nye Edwards (TX) Markey (MA) Serrano Lee (NY) Poe (TX) Tiahrt Upton Jordan (OH) Olson Ellison Marshall Sestak Lewis (CA) Posey Tiberi Walden Kaptur Paul Engel Matheson Shea-Porter Linder Price (GA) Turner Westmoreland King (IA) Paulsen Eshoo Matsui Sherman Lipinski Putnam Upton Whitfield King (NY) Pence Etheridge McCarthy (NY) Sires LoBiondo Radanovich Wilson (SC) Kingston Petri Walden Farr McCollum Skelton Lucas Rehberg Kirk Pitts Westmoreland Fattah McDermott Slaughter Luetkemeyer Reichert Wittman Kline (MN) Platts Whitfield Filner McGovern Smith (WA) Lummis Roe (TN) Wolf Lamborn Poe (TX) Wilson (SC) Foster McIntyre Snyder Lungren, Daniel Rogers (AL) Young (FL) Lance Posey Wittman Frank (MA) McMahon Space E. Rogers (KY) Latham Price (GA) Wolf Fudge McNerney Speier NOT VOTING—6 LaTourette Putnam Young (FL) Garamendi Meek (FL) Spratt Davis (AL) Taylor Woolsey NOT VOTING—7 Gonzalez Meeks (NY) Stark Gordon (TN) Melancon Stupak Gohmert Wamp Young (AK) Davis (AL) Taylor Young (AK) Grayson Michaud Sutton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gohmert Wamp Green, Al Miller (NC) Tanner Marchant Woolsey Green, Gene Miller, George Teague The SPEAKER pro tempore (during Grijalva Mollohan Thompson (CA) the vote). Members are reminded there b 1315 Gutierrez Moore (KS) Thompson (MS) are 2 minutes remaining in the vote. Mrs. BLACKBURN, Messrs. ROYCE, Hall (NY) Moore (WI) Tierney Halvorson Moran (VA) Tonko b 1323 REICHERT, BOREN, Ms. GRANGER, Hare Murphy (CT) Towns and Mr. CUELLAR changed their vote Harman Murphy (NY) Tsongas So the resolution was agreed to. from ‘‘yea’’ to ‘‘nay.’’ Hastings (FL) Murphy, Patrick Van Hollen The result of the vote was announced ´ Ms. WASSERMAN SCHULTZ and Mr. Heinrich Nadler (NY) Velazquez as above recorded. Higgins Napolitano Visclosky A motion to reconsider was laid on FATTAH changed their vote from Hill Neal (MA) Walz ‘‘nay’’ to ‘‘yea.’’ Himes Oberstar Wasserman the table. So the previous question was ordered. Hinchey Obey Schultz f Hinojosa Olver Waters The result of the vote was announced Hirono Ortiz Watson MESSAGE FROM THE SENATE as above recorded. Hodes Owens Watt A message from the Senate by Ms. The SPEAKER pro tempore. The Holden Pallone Waxman Holt Pascrell Weiner Curtis, one of its clerks, announced question is on the resolution. Honda Pastor (AZ) Welch that the Senate has agreed to a concur- The question was taken; and the Hoyer Payne Wilson (OH) rent resolution of the House of the fol- Inslee Perlmutter Wu Speaker pro tempore announced that lowing title: the ayes appeared to have it. Israel Perriello Yarmuth H. Con. Res. 285. Concurrent resolution rec- RECORDED VOTE NOES—189 ognizing the important role that fathers play Mr. SESSIONS. Madam Speaker, I Aderholt Brown-Waite, Diaz-Balart, M. in the lives of their children and families and demand a recorded vote. Akin Ginny Djou supporting the goals and ideals of desig- A recorded vote was ordered. Alexander Buchanan Dreier nating 2010 as the Year of the Father. Austria Burgess Duncan The SPEAKER pro tempore. This is a Bachmann Burton (IN) Ehlers The message also announced that the 5-minute vote. Bachus Buyer Ellsworth Senate has agreed to the following res- The vote was taken by electronic de- Barrett (SC) Calvert Emerson olution: vice, and there were—ayes 237, noes 189, Bartlett Camp Fallin S. Res. 574, relative to the memorial ob- Barton (TX) Campbell Flake not voting 6, as follows: Biggert Cantor Fleming servances of the Honorable ROBERT C. BYRD, [Roll No. 407] Bilbray Cao Forbes late a Senator from the State of West Vir- Bilirakis Capito Fortenberry ginia. AYES—237 Bishop (UT) Carter Foxx The message also announced that Ackerman Berman Butterfield Blackburn Cassidy Franks (AZ) Adler (NJ) Berry Capps Blunt Castle Frelinghuysen pursuant to Public Law 105–292, as Altmire Bishop (GA) Capuano Boehner Chaffetz Gallegly amended by Public Law 106–55, and as Andrews Bishop (NY) Cardoza Bonner Coble Garrett (NJ) further amended by Public Law 107–228, Arcuri Blumenauer Carnahan Bono Mack Coffman (CO) Gerlach Baca Boccieri Carney Boozman Cole Giffords the Chair, on behalf of the President Baird Boswell Carson (IN) Boren Conaway Gingrey (GA) pro tempore, upon the recommendation Baldwin Boucher Castor (FL) Boustany Crenshaw Goodlatte of the Republican Leader, appoints the Barrow Boyd Chandler Brady (TX) Culberson Granger following individual to the United Bean Brady (PA) Childers Bright Davis (KY) Graves (GA) Becerra Braley (IA) Chu Broun (GA) Dent Graves (MO) Commission on International Religious Berkley Brown, Corrine Clarke Brown (SC) Diaz-Balart, L. Griffith Freedom:

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Richard D. Land of Tennessee. JOHN SHIMKUS pitched his heart out. Driehaus Kirkpatrick (AZ) Pence Duncan Kissell Perlmutter f BILL SHUSTER made an almost unas- Edwards (MD) Klein (FL) Perriello sisted double play when he caught the ROLL CALL CONGRESSIONAL Edwards (TX) Kline (MN) Peters ball and picked somebody off at first Ehlers Kosmas Peterson BASEBALL GAME base. Every member of our team got to Ellison Kratovil Petri (Mr. DOYLE asked and was given Ellsworth Kucinich Pingree (ME) play. They all were in good spirits and Emerson Lamborn Pitts permission to address the House for 1 good fellowship. Engel Lance Platts minute.) We will show up next year with Eshoo Langevin Poe (TX) Mr. DOYLE. Madam Speaker, as you Etheridge Larsen (WA) Polis (CO) warmth in our hearts, and we will con- Fallin Larson (CT) Pomeroy know, last night was the 49th annual tinue this tradition, hopefully, with a Farr Latham Posey Roll Call baseball game. more pleasurable outcome for our side. Fattah LaTourette Price (GA) I am happy to announce to the House Congratulations to you, Mr. DOYLE. Filner Latta Price (NC) today that that score has been settled Flake Lee (CA) Putnam You ultimately deserved the win. You Fleming Lee (NY) Quigley this year, and the Democrats were vic- played better. We congratulate you. Forbes Levin Rahall torious, 13–6. Of course, the biggest Mr. DOYLE. Thank you. Fortenberry Lewis (CA) Rangel winners last night were our two char- Foster Lewis (GA) Rehberg f Foxx Lipinski Reichert ities—the Washington Literacy Council Frank (MA) LoBiondo Reyes and the Boys and Girls Club of Wash- EXPANDING ACCESS TO STATE Franks (AZ) Loebsack Richardson Frelinghuysen Lofgren, Zoe Rodriguez ington, DC. The final numbers aren’t VETERANS HOMES FOR GOLD in, as donations are still coming in, but Fudge Lowey Roe (TN) STAR PARENTS Gallegly Lucas Rogers (AL) we went over the $150,000 mark for our Garamendi Luetkemeyer Rogers (KY) charities last night. The SPEAKER pro tempore. Without Garrett (NJ) Luja´ n Rogers (MI) I want to commend our Republican objection, 5-minute voting will con- Gerlach Lummis Rohrabacher tinue. Giffords Lungren, Daniel Rooney team for a hard-fought game. They Gingrey (GA) E. Ros-Lehtinen gave us a tough game right up to the There was no objection. Gonzalez Lynch Roskam last inning, and we kept all the fans in The SPEAKER pro tempore. The un- Goodlatte Mack Ross their seats to the very end. finished business is the vote on the mo- Gordon (TN) Maffei Rothman (NJ) tion to suspend the rules and pass the Granger Maloney Roybal-Allard We had a couple of outstanding plays Graves (GA) Manzullo Royce on the Democratic side. All of us woke bill (H.R. 4505) to enable State homes Graves (MO) Marchant Ruppersberger up with great chagrin this morning to to furnish nursing home care to par- Grayson Markey (CO) Rush Green, Al Markey (MA) Ryan (OH) NTHONY ents any of whose children died while watch ESPN’s top 10 and see A Green, Gene Marshall Ryan (WI) WEINER as No. 9 of the top 10. Also, serving in the Armed Forces, on which Griffith Matheson Salazar there was some outstanding hitting the yeas and nays were ordered. Grijalva Matsui Sa´ nchez, Linda from STEVE DRIEHAUS, but the MVPs The Clerk read the title of the bill. Guthrie McCarthy (CA) T. The SPEAKER pro tempore. The Gutierrez McCarthy (NY) Sanchez, Loretta on the Democratic side were killer bees Hall (NY) McCaul Sarbanes JOE BACA, JOHN BOCCIERI, and BRIAN question is on the motion offered by Hall (TX) McClintock Scalise BAIRD. They all had outstanding plays. the gentleman from California (Mr. Halvorson McCollum Schakowsky So, Madam Speaker, once again, the FILNER) that the House suspend the Hare McCotter Schauer Harman McDermott Schiff coveted Roll Call trophy stays blue. rules and pass the bill. Harper McGovern Schmidt I yield to my good friend, the Repub- This is a 5-minute vote. Hastings (FL) McHenry Schock lican manager, JOE BARTON. The vote was taken by electronic de- Hastings (WA) McIntyre Schrader vice, and there were—yeas 420, nays 0, Heinrich McKeon Schwartz Mr. BARTON of Texas. Madam Heller McMahon Scott (GA) Speaker, there have been those on the not voting 12, as follows: Hensarling McMorris Scott (VA) other side of the aisle who, from time [Roll No. 408] Herger Rodgers Sensenbrenner to time, have spoken of the lack of gen- Herseth Sandlin McNerney Serrano YEAS—420 Higgins Meek (FL) Sessions erosity, of the stinginess, and of the Ackerman Boustany Clyburn Hill Meeks (NY) Sestak coldheartedness of the Republicans, Aderholt Boyd Coble Himes Melancon Shadegg but the seventh inning last night Adler (NJ) Brady (PA) Coffman (CO) Hinchey Mica Shea-Porter Akin Brady (TX) Cohen Hinojosa Michaud Sherman should put that to rest forever. We Alexander Braley (IA) Cole Hirono Miller (FL) Shimkus were very generous. Every man of the Altmire Bright Conaway Hodes Miller (MI) Shuler Republican nine made some effort in Andrews Broun (GA) Connolly (VA) Hoekstra Miller (NC) Shuster generosity of spirit to drop balls, to Arcuri Brown (SC) Conyers Holden Miller, Gary Simpson Austria Brown, Corrine Cooper Holt Miller, George Sires misplace throws, or to go out of their Baca Brown-Waite, Costa Honda Minnick Skelton way to make sure that, at least on the Bachmann Ginny Costello Hoyer Mitchell Slaughter diamond, the Democrats would feel Bachus Buchanan Courtney Hunter Mollohan Smith (NE) Baird Burgess Crenshaw Inglis Moore (KS) Smith (NJ) good. Baldwin Burton (IN) Critz Inslee Moore (WI) Smith (TX) Now, we don’t want this to go to your Barrow Butterfield Crowley Israel Moran (KS) Smith (WA) head, though, Mr. DOYLE. That trophy Bartlett Buyer Cuellar Issa Moran (VA) Snyder is on loan. If you would look wherever Barton (TX) Calvert Culberson Jackson (IL) Murphy (CT) Space Bean Camp Cummings Jackson Lee Murphy, Patrick Speier the records are kept, if you win the Berkley Campbell Dahlkemper (TX) Murphy, Tim Spratt next 20 in a row, there would still be Berman Cao Davis (CA) Jenkins Myrick Stark more ‘‘R’’ wins than ‘‘D’’ wins. Berry Capito Davis (IL) Johnson (GA) Nadler (NY) Stearns Biggert Capps Davis (KY) Johnson (IL) Napolitano Stupak Mr. DOYLE. I’ll just say my friend is Bilbray Capuano Davis (TN) Johnson, E. B. Neal (MA) Sullivan living in the past. Bilirakis Cardoza DeFazio Johnson, Sam Neugebauer Sutton Mr. BARTON of Texas. So in the spir- Bishop (GA) Carnahan DeGette Jones Nunes Tanner it of the moment, we cannot say that Bishop (NY) Carney Delahunt Jordan (OH) Nye Teague Bishop (UT) Carson (IN) DeLauro Kagen Oberstar Terry Chairwoman SLAUGHTER ran a closed Blackburn Carter Dent Kanjorski Obey Thompson (CA) rule out on us. It was an open rule. It Blumenauer Cassidy Deutch Kaptur Olson Thompson (MS) was a fair competition. Luckily, for Blunt Castle Diaz-Balart, L. Kennedy Olver Thompson (PA) Boccieri Castor (FL) Diaz-Balart, M. Kildee Ortiz Thornberry both sides, the real winners were, as Boehner Chaffetz Dicks Kilpatrick (MI) Owens Tiahrt you said it, the Boys and Girls Club of Bonner Chandler Dingell Kilroy Pallone Tiberi Washington, DC, and the Washington Bono Mack Childers Djou Kind Pascrell Tierney Literacy Council. Boozman Chu Doggett King (IA) Pastor (AZ) Titus Boren Clarke Donnelly (IN) King (NY) Paul Tonko I do want to commend my Repub- Boswell Clay Doyle Kingston Paulsen Towns lican team. I am very proud of them. Boucher Cleaver Dreier Kirk Payne Tsongas

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12418 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Turner Waters Wilson (SC) extend their remarks on House Resolu- be brought to the derivatives markets. Upton Watson Wittman tion 1490. Businesses and manufacturers will be Van Hollen Watt Wolf Vela´ zquez Waxman Wu The SPEAKER pro tempore. Is there able to reduce their own risk while pro- Visclosky Weiner Yarmuth objection to the request of the gen- tections are put in place for the overall Walden Welch Young (FL) tleman from Colorado? system, providing regulators with a Walz Westmoreland Wasserman Whitfield There was no objection. clear picture of the derivatives market. Schultz Wilson (OH) Mr. PERLMUTTER. Madam Speaker, Another important provision in the House was strengthened in conference. NOT VOTING—12 House Resolution 1490 provides for con- sideration of the conference report to It calls for strong limits on proprietary Barrett (SC) Gohmert Taylor trading, or what most are calling ‘‘the Becerra Linder Wamp H.R. 4173, the Dodd-Frank Wall Street Cantor Murphy (NY) Woolsey Reform and Consumer Protection Act. Volcker rule.’’ This provision strikes a Davis (AL) Radanovich Young (AK) This rule provides for 2 hours of debate good balance in banning proprietary ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE on the conference report, it waives all trading without disrupting client serv- ices and asset management. In other The SPEAKER pro tempore (during points of order, and, further, the rule words, banks can no longer gamble the vote). Two minutes remain in this provides for one motion to recommit, with their customers’ money. The bill vote. with or without instructions. Madam Speaker, today we will take we are considering here today ensures b 1336 an historic vote on the most signifi- there is no place to hide by closing So (two-thirds being in the affirma- cant reform to our financial industry loopholes, improving consolidated su- tive) the rules were suspended and the since the New Deal. These comprehen- pervision, and establishing robust regu- bill was passed. sive reforms will reduce threats to our latory oversight. The result of the vote was announced financial system, increase oversight I’m proud to stand here with my col- as above recorded. and prevent future bailouts. The bill leagues today providing for consider- A motion to reconsider was laid on strikes a responsible balance, ending ation of a bill making the necessary re- the table. the ‘‘wild west’’ era on Wall Street, forms and establishing robust regu- latory oversight. In this bill we protect f while laying a new regulatory founda- tion for long-term growth which is sta- consumers, taxpayers, and depositors. I PERSONAL EXPLANATION ble and secure. urge my colleagues to vote in favor of Mr. BECERRA. Madam Speaker, earlier the rule and the underlying bill. b 1340 today I was unavoidably detained and missed I reserve the balance of my time. Mr. SESSIONS. I thank the gen- rollcall votes 402 and 408. If present, I would In the fall of 2008, this country was tleman from Colorado, my friend, for have voted ‘‘yea’’ on rollcall votes 402 and brought to its knees by a financial cri- yielding me time, and I yield myself 408. sis, the likes of which I hope we never such time as I may consume. f experience again. A crisis of this mag- nitude calls for reforms of similar pro- Madam Speaker, I rise in opposition to this closed rule and the underlying PROVIDING FOR CONSIDERATION portion. Many elements on and off Wall bill. OF CONFERENCE REPORT ON Street contributed to the meltdown, H.R. 4173, DODD-FRANK WALL Today, we are considering a 2,300- and this bill carefully crafts respon- page Federal takeover of the financial STREET REFORM AND CON- sible solutions in each area. The bill SUMER PROTECTION ACT services industry. This happened in protects consumers through the cre- health care. It’s now happening in fi- Mr. PERLMUTTER. Madam Speaker, ation of a Consumer Financial Protec- nancial services. The bill before us by direction of the Committee on tion Bureau that will oversee the loan today is just one more piece of the Rules, I call up House Resolution 1490 writing for banks and nonbanks and Democrat majority’s agenda to Fed- and ask for its immediate consider- serve as the primary watchdog for con- eralize more of the private sector of ation. sumers. For the very first time, this country. I hear that as I travel in The Clerk read the resolution, as fol- nonbank entities will have Federal my district. Madam Speaker, while it’s lows: oversight, a critical element to reining important to provide consumer safety H. RES. 1490 in abusive practices and products. An and security in the marketplace and to Resolved, That upon adoption of this reso- oversight council is established under minimize the chance of another finan- lution it shall be in order to consider the this bill to make certain financial in- cial crisis, I oppose this bill. conference report to accompany the bill stitutions do not become a systemic I oppose this bill, and the underlying (H.R. 4173) to provide for financial regulatory threat to our economic stability. legislation holds many far-reaching reform, to protect consumers and investors, We establish a process to close and consequences for the American econ- to enhance Federal understanding of insur- liquidate significant financial institu- omy and prohibits the ability of busi- ance issues, to regulate the over-the-counter tions so if a failing firm begins to fail, derivatives markets, and for other purposes. ness, small and large, to create jobs All points of order against the conference re- it is closed, and it will no longer be too and spur economic growth. Obviously, port and against its consideration are big to fail. This dissolution mechanism this bill, because it’s done by the Dem- waived. The conference report shall be con- ensures Main Street comes first—not ocrat majority, will be 2,300 pages; ob- sidered as read. The previous question shall Wall Street. We deal with hedge funds, viously, because this bill is done by the be considered as ordered on the conference credit rating agencies, mortgage re- Democrat majority, it will involve new report to its adoption without intervening form, executive compensation, and in- Big Government plans, programs; and, motion except: (1) two hours of debate; and vestor protection in this bill. We bring obviously, because it’s the Democrat (2) one motion to recommit if applicable. these issues out of the shadows and majority, it will involve more taxes, The SPEAKER pro tempore. The gen- into the light so there is transparency fees, and in fact it’s $18 billion worth of tleman from Colorado is recognized for to protect the system. new spending through these fees and 1 hour. I worked to ensure a study on high taxes. In addition to making bailouts Mr. PERLMUTTER. Madam Speaker, frequency trading was included in this permanent, which this bill does do, for purposes of debate only, I yield the bill. As we saw from the ‘‘flash crash’’ failing to address the root cause of the customary 30 minutes to my friend in May, when the Dow Jones lost near- crisis and rewarding failed regulators, from Texas (Mr. SESSIONS), and I yield ly a thousand points in a matter of this Democratic solution makes it even myself such time as I may consume. minutes because of computer error, we more difficult for consumers to access GENERAL LEAVE need to know the effects of techno- credit and for businesses to comply Mr. PERLMUTTER. I ask unanimous logically advanced practices such as with overburdensome regulations. consent that all Members be given 5 high frequency trading on the long- Just a few minutes ago, we heard the legislative days in which to revise and term investor. Also, transparency will story about how Republicans want to

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And I do agree there’s majority, Speaker NANCY PELOSI: To stituent who held a traditional 30-year some things in here which do add to net lose 10 million American jobs mortgage; but after repeated attempts the safety and soundness features. But through cap-and-trade, through card from her lender, she was convinced to in the overall total, it’s a bad deal. It’s check, and through health care. Once refinance her mortgage to a lower ad- a bad deal for consumers, it’s a bad again, we should have included that in justable rate. And now that the mort- deal for this country, and it’s certainly that list—jobs that are killed in the gage has reset, she is facing fore- a bad deal for anyone that wants to free enterprise system by this Demo- closure. I have heard from many con- turn the corner on growing jobs in crat majority. stituents who applied for a loan modi- fication but never even got a call back. America. b 1350 In a letter from the Independent I have heard from many others who say Bankers Association of Texas, my Madam Speaker, the motives are they were denied a loan modification home State, while referencing the new clear. My Democrat colleagues are under the Making Home Affordable Consumer Financial Protection Bureau using policy and regulation to force a program, but their lender never even created in the bill, it states, ‘‘this further government takeover of the gave them a reason why. These are just agency will have broad powers to write free enterprise system while paving the a few of the many stories that I, and rules on all bank products and services, road to diminish the private sector. I’m sure many of you, have heard. which we believe will stifle innovation This is their way of making sure that Madam Speaker, no one is looking and entrepreneurship on longstanding they use a crisis or a perception of a for a bailout. The families need real as- products that have been responsibly of- crisis to get what they want. I get it, sistance and real reform. But it’s clear fered by community financial institu- and so do people back home. Madam that the mortgage industry, after re- tions. This will result in more cost and Speaker, the Republican Party and my peated public pledges, has yet to dem- confusion to bank customers and stifle colleagues in the Republican Party are onstrate a real commitment to help re- lending and funding in community opposed to this bill. I encourage my sponsible homeowners. Madam Speak- banks.’’ colleagues to vote against this rule and er, I am pleased that this bill includes Community banks represent the life- the underlying legislation. an amendment that I offered along blood of Texas. I know this because I I reserve the balance of my time. with Representatives KATHY CASTOR know a number of the banks and the Mr. PERLMUTTER. I will just take and BETTY SUTTON which calls on the people not only who lend with them one moment, Madam Speaker, to re- mortgage industry to help place more but the people who rely on them day by mind my friend from Texas that by responsible homeowners into more af- day. I’m one of those persons. They’re cutting taxes for the wealthiest Ameri- fordable terms. The amendment will worried about what is happening here cans, prosecuting two wars without require mortgage industry participants in Washington. Once again, they were paying for them, and letting Wall in the Making Home Affordable pro- given a reason to have fear of what has Street run amok, in the last month of gram to report basic information on a happened over the weekend in this bill George Bush’s term in office, we lost monthly basis, such as the number of becoming even closer to law. 780,000 jobs that month. This country loan modification requests received, The Consumer Financial Protection lost a lot of jobs. By not enforcing rea- the number being processed, the num- Bureau and the Office of Financial Re- sonable regulation, we lost all sorts of ber that have been approved, and the search, two brand new Federal agencies jobs. But since January, February of number that have been denied. It will created in this bill—once again, two 2009 until last month, we reversed that also make that information available brand new Federal agencies created in to the point where there were 400,000 to the public through the Treasury De- this bill—will give unelected bureau- jobs created, a swing of over 1.2 million partment’s Web site. It is clear that greater transparency crats unprecedented power to track fi- jobs per month in this country. My is needed to ensure that all parties are nancial activities without citizens’ ap- friends on the Republican side of the actually helping homeowners. Such proval. And these are not the only new aisle oppose reining in Wall Street. We transparency will lead to greater ac- regulatory components of the bill. This know, and Americans across this coun- countability. I strongly urge my col- legislation allows for 355 new rule- try know that something has to be leagues to support this historic legisla- done. makings, 47 studies, and 74 reports, and tion to ensure that our consumers and With that, I yield 3 minutes to my potentially dozens more as implemen- our financial system are protected friend from California, Congresswoman tation begins. But what should we ex- from irresponsible financial practices. pect from this Democratic Congress? MATSUI. Mr. SESSIONS. Madam Speaker, our The goal of regulatory reform should Ms. MATSUI. I thank the gentleman next speaker is a young gentleman be to help, not hinder. It should be from Colorado for yielding me time. from Texas who has a clear voice and a there to help our economy to sustain Madam Speaker, I rise today in sound footing not only of economic and gain back economic growth. And, strong support of H.R. 4173, the Restor- principles but he also speaks for our of course, gain back private-sector job ing American Financial Stability Act party. creation—not government jobs. This of 2010. Many families in my home dis- I yield 3 minutes to the gentleman legislation, of course, does the oppo- trict of Sacramento continue strug- from Texas (Mr. HENSARLING). site. It takes a one-size-fits-all ap- gling to make ends meet. I have heard Mr. HENSARLING. I thank the gen- proach to governing, undermining U.S. countless stories of those struggling to tleman for yielding. economic competitiveness and private- keep their homes, their jobs, and their I was very interested, Madam Speak- sector growth. This Democrat solution way of life. Many of my constituents er, to hear the gentleman from Colo- will only increase government inter- were and continue to be victims of rado defend the job statistics under the vention in the financial markets. It predatory home loan lending, unfair Democratic rule of Congress. I don’t will ration credit. It will limit con- credit card practices, payday loans, know too many Democrats coming to sumer choice. And, perhaps worst of and other forms of deceptive financial the floor who want to defend 9.7 per- all, it will continue to kill jobs. I’m practices. The mortgage crisis, in par- cent unemployment. Frankly, it’s one sorry; private-sector jobs. I need to get ticular, continues to impact many in of the major reasons that the legisla- that right. We’re all for government Sacramento. Sadly, after more than 2 tion on the floor ought to be opposed jobs when it’s a Democratic bill, but years, millions of homeowners con- today. Madam Speaker, it’s a job kill- when it comes to free-enterprise sys- tinue to face foreclosure, and those er. Once again, we have legislation that

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From the start of expect to bail people out. There’s a chapter 11 bankruptcy. We close them. the debate, it was apparent there was choice to be had here. Republicans be- We liquidate them. That’s the purpose little or no interest from our Democrat lieve in the Bankruptcy Code. There of this. No more bailouts. colleagues in working towards a con- are improvements that need to be With that, I yield 2 minutes to my sensus bill on regulatory reform. Now made; and under the leadership of our friend from Connecticut (Mr. LARSON). they are using budgetary smoke and ranking member, SPENCER BACHUS, we Mr. LARSON of Connecticut. Madam mirrors, and I think that it will be ap- introduced that legislation. But our Speaker, I rise for the purpose of en- parent to Americans as this bill Democratic friends prefer bailouts, gaging in a colloquy with Chairman unfolds. As my constituents say to us all the bailouts over bankruptcy. FRANK to clarify the intent behind sec- time: Work together. Shelve the par- Now they continue to say that the tion 1076 in this bill. The section taxpayer won’t be called upon to pay tisanship. The stakes are too high. amends the Electronic Fund Transfer But, unfortunately, the bill before us for these bailouts. Well, isn’t it kind of Act to create a new section 920 regard- was drafted without our significant funny how throughout this conference ing interchange fees. Interchange reve- input. We are now faced with a bill process, every time they’ve had an op- nues are a major source of funding for that will give us institutionalized gov- portunity to choose either the tax- the administrative costs of prepaid ernment bailouts, limit consumer payers or the Wall Street banks, they cards used in connection with health choices, and raise the cost for busi- somehow choose the Wall Street care and employee benefits programs nesses, our job creators across this Na- banks? And, in fact, when it came down like FSAs, HSAs, HRAs and qualified tion. to the government-sponsored enter- transportation accounts. My colleagues on the other side of prises, they set up a choice—I didn’t b 1400 the aisle will be basking in the rhetoric set up the choice—but they set up a and high praise for cracking down on choice of who going forward is going to These programs are lightly used by Wall Street. However, the resolution fund the bailout of government-spon- both the public and private sector em- authority in this bill does little or sored enterprises. Should it be Wall ployers and employees and are more nothing to address the issue of the Street banks or should it be the tax- expensive to operate because of sub- moral hazard that has been created by payers? And they decided that it ought stantiation than other regulatory re- the TARP program. Instead, failed to be the taxpayers. quirements. Because of this, I would firms will be wound down at taxpayers’ Just yesterday at the 11th hour—ac- like to clarify that Congress does not expense. tually it was way past the 11th hour— wish to interfere with those arrange- Under this resolution authority, the they came up with a new funding ments in a way that could lead to high- big will get bigger, and they will push mechanism, taking money away from er fees being imposed by administra- the limits of risk because they will TARP that was supposed to be used for tors to make up for lost revenue, which know that the government will be deficit reduction; and, instead, they’re would directly raise health care costs there to pay for their demise. In fact, going to use it to help fund the bill, and hurt consumers. This is clearly not many of the tools used for TARP are most of which the Congressional Budg- something that was the intent that institutionalized in this legislation. My et Office says goes to the Wall Street we’d like to do. Therefore, I ask Chair- friends can opine on Wall Street reform bailout authority. This is No. 2. The man FRANK to join me in clarifying all they want, but this bill does not No. 2 incident where they had a choice that Congress intends that prepaid achieve that. between choosing the taxpayers or cards associated with these types of Why should the people of West Vir- Wall Street banks, they chose Wall programs should be exempted within ginia help pay for poor decisions of Street banks. the language of section 920(a)(7)(A) Wall Street bankers, or in any State? A permanent bailout authority costs (ii)(II). Well, they shouldn’t. But for over a jobs. They create this new bureau to Mr. FRANK of Massachusetts. If the year we have advocated for an en- ban and ration consumer credit—lit- gentleman would yield, he’s completely hanced bankruptcy for these large, erally to decide whether or not you can correct. The Federal Reserve has the highly complex financial institutions. have a credit card, small business line mandate under this, which originated This approach would have created a of credit, what kind of mortgage you in the Senate, to write those rules. We level playing field between Wall Street can get on your home. There is func- intend to make sure those rules protect and Main Street and would have as- sured all parties know the rules of the tionally a new banks tax that makes a number of things: smaller financial game ahead of time. derivatives more expensive, less avail- institutions from being discriminated against since they’re exempt from the Furthermore, the taxpayers would able. All of this is going to harm job not have to worry if their children and regulation, State benefit programs, and creation. grandchildren will have to pick up the these. You know, I talk to small businesses tab for the mistakes of the fabulous So the gentleman is absolutely cor- in my district, like a gentleman from fabs of the world. Unfortunately, the rect, and I can assure him that I expect Jacksonville, Texas: ‘‘I am a one-man majority has decided once again to operation. With all the legislation the Federal Reserve to honor that. And turn a deaf ear to America’s cries to coming down the line, I will stay a one- if there is any question about it, I am end the bailouts. man operation. If lines of credit dry up, sure we will be able to make sure that This bill will fuel the growth of Wall I will no longer be able to maintain it happens. Street, will lead to job loss, and it rep- safe operating equipment and be forced Mr. LARSON of Connecticut. I thank resents a missed opportunity. to cease operations.’’ the chairman. Mr. PERLMUTTER. Madam Speaker, Reject the job-killing bill and the Mr. SESSIONS. Madam Speaker, I I yield 2 minutes to the gentleman permanent bailout authority. yield 2 minutes to the gentlewoman from Connecticut (Mr. HIMES). Mr. PERLMUTTER. Madam Speaker, from West Virginia (Mrs. CAPITO). Mr. HIMES. Madam Speaker, I rise to I would respond to my friend from Mrs. CAPITO. I would like to thank enter into a colloquy with Chairman Texas that, first of all, losing 780,000 Mr. SESSIONS for yielding me the time. FRANK. I want to clarify a couple of im- jobs a month, as we were when George I would like to thank our ranking portant issues under section 619 of the Bush left office, that’s job killing. member, SPENCER BACHUS, for his dedi- bill, the Volcker Rule.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12421 The bill would prohibit firms from in- lieve that financial reform is necessary States. You’re taking money out of the vesting in traditional private equity now. But the legislation that is before ATM, that’s tracked. You’re trying to funds and hedge funds. Because the bill us really, which empowers failed bu- set up a new credit card, that will be uses the very broad Investment Com- reaucrats through government over- tracked. Information about any one of pany Act approach to define private eq- reach and unnecessary job killing, is your consumer transactions, that will uity and hedge funds, it could tech- just not the right legislation. now be able to be tracked and gathered nically apply to lots of corporate struc- First, you know, one of the major without anyone’s approval, any citi- tures, and not just the hedge funds and fundamental flaws of this 2,300-page zen’s approval. And it will be mon- private equity funds. bill is the section that basically em- itored by whom? Basically by I want to confirm that when firms powers government bureaucrats with unelected and unaccountable bureau- own or control subsidiaries or joint so-called resolution authority to basi- crats here in Washington with few or ventures that are used to hold other in- cally pick winners and losers again, to hardly any constraints whatsoever on vestments, that the Volcker Rule continue that failed bailout philos- how they’re going to use the informa- won’t deem those things to be private ophy. tion or when they’re going to use the equity or hedge funds and disrupt the Now, I know the chairman and the information. way the firms structure their normal proponents of this bill claim that these Then there’s the section on deriva- investment holdings. provisions are meant to add certainty tives, another massive, massive job Mr. FRANK of Massachusetts. If the and stability to our financial system. killer. I joined with Congressman gentleman would yield, let me say, But when you think about it, when you FRANK LUCAS. We offered an alter- first, you know, there has been some set up an alternative to bankruptcy for native to this bill in the last days that mockery because this bill has a large failed firms so that there are now two was basically the original House number of pages, although our bills are potential tracks for failed firms to go version of the bill. It had broad bipar- smaller, especially on the page. We do down, that actually introduces more tisan support. Unfortunately, under pressure from Democrat leadership, not that—by the way, there are also other uncertainty, more uncertainty for the a single Democrat supported that people who complain sometimes that financial markets, for the investors, House language in the final vote, de- we’ve left too much discretion to the for the counterparties, for our entire spite the fact that very same language regulators. It’s a complex bill dealing economy because of this bill. And that was originally sponsored by the Demo- with a lot of subjects, and we want to uncertainty, what does that lead to? It make sure we get it right, and we want crat Financial Services and Agri- leads to failing to invest and leads to culture Committee chairman. to make sure it’s interpreted correctly. less job creation as well. The point the gentleman makes is Furthermore, this section of the leg- b 1410 absolutely correct. We do not want islation gives an alarming amount of The results of all this? Well, the re- these overdone. We don’t want there to power to government regulators and sult of that section not being in it be excessive regulation. And the dis- bureaucrats to basically decide the fate means that businesses big and small all tinction the gentleman draws is very of a firm and its creditors. Under this over this country which had absolutely much in this bill, and we are confident administration, we’ve seen this before. nothing to do with this financial crisis that the regulators will appreciate that We’ve seen the rule of law trampled will now have a very difficult time to distinction, maintain it, and we will be when the Federal Government bullied hedge their risks, to guard against fu- there to make sure that they do. ture risk, because they will have to pay Mr. HIMES. Thank you, Mr. Chair- into submission secured creditors in literally hundreds and hundreds of bil- man. the Chrysler situation. In favor of lions of dollars in additional funds to My understanding is also that, con- whom? Well, politically favored unse- control risks on a daily basis. sistent with the overall intent not to cured creditors. And what is this legislation? This What does that mean for all of us? subject commercial firms to financial More job losses. This bill is a job killer. regulation, section 604 provides that an would codify the ability of regulators to engage in similar conduct, further And it will raise prices, too, for every existing savings and loan holding com- American across the country, whether pany with both financial and non- eroding confidence in our rule-based economy. And sending investors where, you are talking about food prices, en- financial businesses will cease to be an ergy prices, you name it. How many S&L holding company when it estab- to this country? No. To overseas, scat- tering them to other opportunities, jobs will be lost? In a recent study by lishes an intermediate holding com- Keybridge, they found between 100,000 pany under section 626. That company rather than here in the U.S. Not only that, but this resolution au- and 120,000 jobs will be lost because of also may have an intermediate holding this job-killing bill. company under section 167. thority, in codifying a better deal than in bankruptcy for at least some of the Mr. PERLMUTTER. I have to smile Am I right that the intent of this leg- when I listen to my friends talk about politically connected, gives large firms islation is for these sections to be ap- job killing, when letting Wall Street an unfair advantage over their smaller plied in harmony, so that an organiza- run wild, gambling like it was just a rivals. tion will have a single intermediate big casino, results in 780,0000 jobs a This then does what? It increases holding company that will be both the month being lost to the point that dur- moral hazard by encouraging invest- regulated S&L holding company and ing this recession we have lost 8 mil- ment in firms that basically otherwise the organization and the holding com- lion jobs. And we’ve got to put people pany for implementing the heightened just don’t deserve it. And this is a part back to work. We need certainty, we supervision of systemic financial ac- of the problem that led to the demise need reasonable regulation. That’s the tivities under title I? that we have seen in other areas of our purpose of this bill. Mr. FRANK of Massachusetts. If the economy, talking about Fannie Mae I yield 2 minutes to my friend from gentleman will yield again, yes, he is and Freddie Mac, the GSEs, which, by Georgia (Mr. SCOTT). exactly right. And just to sum it up, we the way, are never touched in this leg- Mr. SCOTT of Georgia. I thank the want regulated some activities and not islation whatsoever. gentleman for yielding. regulated other activities when you Another aspect of the problem with Ladies and gentlemen, you would have a hybrid kind of situation, and this bill is Big Brother, Big Brother think that the Republicans were some- what the gentleman has described is overreach that didn’t exist before. This where on another planet. Let me cor- how you accomplish that. bill creates two new government bu- rect the situation, if I may. Mr. SESSIONS. Mr. Speaker, I yield 4 reaucracies, including the so-called Of- First of all, this was a problem that minutes to the gentleman from New fice of Financial Research, that will occurred under the Bush administra- Jersey (Mr. GARRETT). have unprecedented power to track the tion because of policies by the Repub- Mr. GARRETT of New Jersey. Mr. financial activities of everyone here licans, who were in charge. It was in- Speaker, like all my colleagues, I be- and everyone in the entire United deed Paulson, our Secretary of the

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12422 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Treasury, that came to our Financial proposal was similar to ours, and of- honest Americans trying to make an Services Committee with two pieces of fered great promise. Unfortunately, honest living. This bill is about our paper and said here is what you need to these commonsense and necessary re- values. Our economy depends on our fix it. Throw all of this money at Wall forms were scrapped in favor of the bill acting in our own self-interest and en- Street. that we consider today. joying the rewards of our efforts, but Let’s give the truth in this matter. It Instead, we have before us a bill that every major religious faith forbids un- was under Democratic leadership that turns the stated purpose upside down. restrained greed. we said ‘‘no.’’ Yes, we have a credit What do I mean? Well, the end result is On the stone tablets that Moses problem, a credit freeze of the credit that Goldman Sachs supports the bill brought down from Mount Sinai there markets up on Wall Street. And here and the Chamber of Commerce opposes is the commandment, ‘‘Thou shalt not we were. And I know sometimes the the bill. Goldman’s CEO testified, and I covet anything that is thy neighbor’s.’’ truth hurts, and I feel their pain over quote, ‘‘I am generally supportive. The And according to the First Book of there. But I am sick and tired of our biggest beneficiary of reform is Wall Timothy, ‘‘For the love of money is the Republican friends assuming that they Street itself.’’ Meanwhile, the U.S. root of all evil: which while some cov- had no responsibility for this, Mr. Chamber, which represents Main Street eted after, they have erred from the Speaker. And we’ve got to set the American businesses, opposes the bill. faith, and pierced themselves through record straight. It is in the charge of Wall Street supports this bill while with many sorrows.’’ Democrats, under our leadership, that Main Street suffers? Where is the logic When Franklin Roosevelt spoke in we indeed are saddled with the respon- in that? Main Street didn’t engage in his first inaugural address about the sibility of bringing the confidence of shady accounting gimmicks. Main practice of unscrupulous money- the American people back to our pri- Street didn’t make risky derivatives changers in the temple, he spoke in vate enterprise system and to keep it trades. Main Street didn’t issue language easily recognized by that gen- free. It is because of what the Demo- subprime loans. And yet what we have eration. Roosevelt spoke of restoring crats are doing that we are saving our here is a bill that makes Main Street ancient truths. ‘‘The measure of the free economic system. Under their poli- pay the price. And what is that price? restoration,’’ Roosevelt said, ‘‘lies in cies it was heading to straight ruin, Increased taxes on community banks, the extent to which we apply social causing the worst economic collapse manufacturers, small businesses, con- values more noble than mere monetary second only to the Depression. sumers, and American families that profit.’’ The financial practices that this leg- So we are moving here today with will increase the cost of credit. New islation seeks to reform have made a this extraordinary bill to do everything taxes will decrease the credit available few Americans very rich, but by taking possible to make sure that it never to those who need it most, small busi- advantage of working and middle class happens again, to restore the con- nesses who seek financing to create families who needed to borrow money fidence of the American people. And we desperately needed jobs. and honest investors who wanted to are beginning to do that. We are doing How will new taxes rein in Wall lend it, and by diverting too much of it by setting up a consumer protection Street? This bill expands the size of our economy from productive, honest agency, something we didn’t have be- government, increasing our national work. We need to restore the faith from fore. That’s the reason this happened. debt, making taxpayer bailouts perma- which we have erred. This bill is a They went to predatory lending, they nent, and distorts our free market by start. went to steering people into subprime allowing bureaucrats to pick winners Mr. SESSIONS. Mr. Speaker, at this lending when they could have afforded and losers. It regulates the wages of time I yield 3 minutes to the distin- other loans. There was no protection every financial employee, from the jan- guished gentleman from Fullerton, for them. Democrats are providing this itor to the CEO. California (Mr. ROYCE), from the Fi- We need commonsense financial re- protection. They were doing it because nancial Services Committee. we had executive compensation pay form. And that’s not what this bill de- Mr. ROYCE. I thank the gentleman geared to risky behavior. This is an im- livers. I urge my colleagues to oppose for yielding. portant bill. this rule and the underlying bill. I don’t know why it should be a sur- Mr. SESSIONS. Mr. Speaker, I would Mr. PERLMUTTER. I would say to prise to the Left that this financial remind the gentleman who was speak- my friend from Illinois, with whom I system collapsed. The reason I say that ing that we know what happened, and work on lots of things in this arena, I is because in 1992, the GSE Act passed it’s called pin-the-tail-on-the-donkey. don’t know where she is coming from this Congress, under a Democratic ma- Mr. Speaker, I yield 3 minutes to the saying there are taxes on small banks. jority passed this Congress. And the gentlewoman from Hinsdale, Illinois There are FDIC charges so that they GSE Act specifically was an attempt to (Mrs. BIGGERT), from the Financial have sufficient reserves, but there are get every American into a home. Services Committee. no taxes, as she would suggest. I understand the thought behind it. Mrs. BIGGERT. I thank the gen- I yield 2 minutes to my friend from But the irrationality behind it, in tleman for yielding. North Carolina (Mr. MILLER). terms of creating these mandates on Mr. Speaker, I rise in opposition to Mr. MILLER of North Carolina. Mr. Fannie Mae and Freddie Mac, the this rule and to ask this body to step Speaker, this bill is a huge step for- GSEs, mandates that 50 percent of back for a moment to do a quick sanity ward. Working and middle class fami- their portfolio of $1.7 trillion be in check. What’s the purpose of this bill? lies should not again have to worry subprime and Alt-A loans. I thought its purpose was to rein in that financial ruin lurks in the fine Wall Street and end the abuses that print of a contract that their bank’s b 1420 precipitated the most massive finan- lawyer wrote. Families that qualify for What did they expect would happen? cial meltdown and economic downturn prime mortgages that they can pay The leverage, the political pull that since the Great Depression. Its purpose will not again get trapped instead in went into getting the down payments is to make Wall Street pay for the predatory subprime mortgages that down from 20 percent to 3 percent to abuses, not Main Street. I am all for they cannot pay. They can use a credit zero. And now we have the very result that. card without worrying about getting that the Federal Reserve warned us In fact, along with my Republican gouged. They can have overdraft pro- about when they came to Congress in colleagues I offered the first reform tection that is the convenience that 2003 and 2004 and 2005 and warned us bill, H.R. 3310, back in July, and many their banks say it is, that it should be, that if we did not take corrective ac- amendments designed to rein in Wall not a trap to run up indefensible fees. tion, if we did not allow the regulators Street, end the abuses, but not harm If this legislation is properly en- to have the ability to deregulate or to Main Street. Senate Banking Chairman forced, we can begin to believe again regulate and deleverage these port- CHRIS DODD’s first regulatory reform that our government is on the side of folios, that we were going to create

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Their competitors will which they say attempted to address remaining, and the gentleman from now be regulated, which they were not this issue. But, again, in that legisla- Texas has 8 minutes remaining. in the past; and small banks will be tion it tied the hands of the regulators Mr. PERLMUTTER. Mr. Speaker, able to say that the products that they so that they could not deleverage the Mr. ROYCE mentions 2003, 2004, 2005 offer will be able to be offered to the portfolios, so that they could not put it should have changed the GSEs in consumer on a basis similar to those into receivership, so that they couldn’t Fannie Mae and Freddie Mac. Well, the unregulated financial institutions regulate for systemic risk. Republicans controlled the House, the which now will be regulated. The other reason they brought the Republicans controlled the Senate, the So, Mr. Speaker, I think it is a good bill to the floor was because it had a Republicans controlled the White time to say that this bill is an excel- $300 billion provision in it for afford- House, and they didn’t do it. lent step forward. It will help stop the In fact, his former chairman on fi- able housing. That’s why the bill got nickel and diming of Americans. It will nancial services, Republican Mr. Oxley, out of here; but it was opposed by the help stop the targeting of people for fi- says the critics forgot that the House Treasury, and it was opposed by the nancial mistreatment, and it will bring stepped up on reforming bills, but he Fed. greater stability to our economy. So the point I want to make is after fumes about the criticism that people Mr. SESSIONS. Mr. Speaker, at this all of that history, and after watching are giving about Fannie Mae and time I yield 2 minutes to the gen- the collapse—which we were warned Freddie Mac. He says all the—this is tleman from Egan, Illinois (Mr. MAN- about by the regulators—and albeit, from the Financial Times, September ZULLO), from the committee. with good intentions because I know 9, 2008: All of the handwringing and Mr. MANZULLO. Mr. Speaker, we on the thought was everybody would be bedwetting is going on without remem- the Financial Services Committee have able to have a house if you could get bering how the House stepped up on spent nearly 2 years holding hearings down to zero down payment loans and this. He said: What did we get from the to determine the appropriate course of if you could force the GSEs to buy that White House? We got the one-finger sa- action for financial reform. junk that was sold by Countrywide, lute. Very graphic quotation from Mr. In September, the committee began who do you think created the market? Oxley, Republican chairman of the marking up legislation to try to ad- It was 70 percent of the market. It was House Financial Services Committee because there was an intention here to saying that it was the White House dress failures in the financial market circumvent the rules of economics. that stopped the changes that needed and plug the holes. The problem is that And now in this legislation, what is to be stopped, and it’s the billions of the two big culprits here, Fannie Mae not addressed? This very duopoly dollars from those mortgages from and Freddie Mac, now taken over by Fannie Mae and Freddie Mac. When 2003, 2004, 2005, 2006 under Republican the government, could cost the Amer- you say we address the problems, no we leadership that are weighing down ican taxpayers $1 trillion. Those two don’t. We compound the problems in Fannie Mae and Freddie Mac that entities simply are not even—nothing this legislation. under the Democrats we offered con- happens to them in this new bill, the The SPEAKER pro tempore (Mr. servatorship and that’s what they’re in guys that caused the problem. SALAZAR). The time of the gentleman now, like a bankruptcy. Maybe you could take this 2,000-page has expired. With that, I yield 2 minutes to my bill and gel it into one sentence: you Mr. SESSIONS. I yield the gentleman friend from Minnesota (Mr. ELLISON). can’t buy a home unless you can afford 1 additional minute. Mr. ELLISON. Mr. Speaker, let me it. That’s what caused the problem in Mr. ROYCE. Now, what we do with just correct one very, very serious flaw the first place. this legislation is we make the largest and that is to somehow blame the ef- No credit standards, so-called ‘‘liar institutions too big to fail, and we do fort to house Americans for this crisis. loans’’ where people were allowed to so by putting in a provision that is This crisis, this financial crisis, has to buy homes when others sat at the clos- going to allow them to borrow at a do with a failure to regulate, a failure ing table knowing full well the new lower cost than their smaller competi- to give consumer protection to people buyers couldn’t even make the first tors, who I guess we would say are too who are getting mortgages that they payment. So it took the Fed I think 2 small to save. Right. They are going to couldn’t pay for on tricky and unsound years to come up with a rule that says, borrow at a hundred basis points less terms, because we are now going to oh, by the way, if you buy a house, you because of the government backstop have a consumer protection bureau de- have to have written proof of your you’re putting in place and because signed to protect those very same con- earnings. you’re not allowing them to go through sumers. We are bringing stability to I mean, why did we need 2,000 pages a regular bankruptcy process. We the market. We are bringing people a of a bill—and none of it’s addressed to would like to see enhanced bankruptcy chance to have a home that they actu- the GSEs—simply saying Freddie Mac on the Republican side. We’d like to see ally can pay for on terms that they ac- and Fannie Mae won’t take the assign- firms actually fail. tually will understand. ment of the mortgage unless the mort- Instead, we’re going to have a process This consumer financial protection gage is sound. That won’t solve the here where creditors are going to get a bill is going to be something that will problem. We wouldn’t have had the hundred cents on the dollar, poten- help people keep the money that they complete collapse of the system that tially. They are going to loan to big earn and to make sound financial in- we have today. But instead we just cre- firms; these big firms are going to be- vestments and purchases that will ated an agency, the Consumer Finan- come overleveraged. You did the same allow them to prosper and grow unlike cial Protection Bureau. What are these thing here that you did with the gov- the ones we saw in the past where Re- guys going to do besides adding hun- ernment-sponsored enterprises, Fannie publican leadership let the laissez-faire dreds of more bureaucrats, maybe build and Freddie, that then forced their economy move right on along without a new building somewhere, and they’re competition out of the market. And as consumer protection, without over- going to impose regulations in nearly a consequence of that, they became du- sight, which landed us in this serious, every sector of the economy. opolies and then failed. serious crisis. So this is what we’re trying to get The fact is, Mr. Speaker, the finan- b 1430 across to our friends on the other side cial crisis that we’re in is a result of a What are they going to say?

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12424 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 All they have to say is, ‘‘If you can’t this House. They talk about all of this This bill is a landmark achievement afford to buy a house, you can’t have balance and responsibility and about in consumer protection by establishing it.’’ That should be the extent of the how they are worried about the middle a Consumer Financial Protection regulations. Yet what do we have now? class. Yet they are bankrupting this Agency, dedicated to ensuring that Instead of one sentence, we have 2,000 country. Yet they are causing the larg- bank loans, mortgages, and credit pages. est unemployment that we have had in cards are fair, affordable, understand- Mr. PERLMUTTER. Mr. Speaker, I the modern era. They are not even able, and, most importantly, trans- yield 2 minutes to the gentleman from talking about what they have done to parent. Maryland (Mr. VAN HOLLEN). create that circumstance, and they are This bill is good for small business. It Mr. VAN HOLLEN. Mr. Speaker, the trying to point the finger at somebody is good for consumers, and it is good purpose of the Wall Street account- else. I think that that is irrespon- for the financial security of our great ability bill is very clear: Never again sibility. Nation. It will also ensure that our fi- should the American taxpayer be asked Mr. Speaker, at this time I yield 2 nancial sector will continue to remain to foot the bill for bad bets made on minutes to the gentleman from Clinton an engine of economic growth, which is Wall Street. Never again should mil- Township, New Jersey (Mr. LANCE), a one of the reasons the Community lions of Americans have to lose their member of the committee. Bankers Association of Illinois sup- jobs because of reckless conduct on Mr. LANCE. My thanks to Mr. SES- ports this legislation. Wall Street. Never again will we allow SIONS; to our ranking member, Mr. I want to thank Chairman FRANK and the American economy to be held hos- BACHUS; as well as to the chairman and all of the members of the Democratic tage to bad decisions on Wall Street to the gentleman from Colorado. leadership for having the courage to do and in the financial sector. Mr. Speaker, I rise to express my op- what is right and for standing up for Unfortunately, Mr. Speaker, our col- position to the rule for the financial American families. leagues on the other side of the aisle bill that gives Wall Street firms the Today, we have the opportunity to haven’t gotten that message. Having potential of permanent bailouts, that say enough is enough, to rein in Wall stood in this Chamber and having institutionalizes ‘‘too big to fail,’’ and Street, and to protect our constituents. voted to help rescue Wall Street and that will ultimately constrict lending I ask my colleagues on both sides of the financial sector, they are not there to consumers and small businesses at the aisle to join me in supporting this for Main Street today. I think some the worst possible time for our econ- critical piece of legislation. Mr. SESSIONS. Mr. Speaker, I yield 2 headlines are instructive. omy. minutes to the gentleman from The Wall Street Journal, February 4, The underlying measure does not Cherryville, North Carolina (Mr. 2010: fully audit the Fed, and it does nothing MCHENRY). ‘‘GOP chases Wall Street Donors.’’ to rein in housing giants Fannie Mae Mr. MCHENRY. I thank my colleague ‘‘In discussions with Wall Street ex- and Freddie Mac, which have already from Texas for yielding. ecutives, Republicans are striving to cost U.S. taxpayers $145 billion and Mr. Speaker, I encourage my col- make the case that they are the banks’ counting. leagues to vote ‘‘no’’ on this closed rule best hope of preventing President The Troubled Asset Relief Program and to vote ‘‘no’’ on the conference re- Barack Obama and congressional funds, by the original law, were sup- port of this so-called ‘‘financial regu- Democrats from cracking down on Wall posed to be used to reduce the deficit, latory reform bill.’’ I say ‘‘so-called’’ Street.’’ not to be used as a funding source for because this is not much in the way of Roll Call, December 8, 2009: new spending, and the increase in the reform. It is change. It is manipula- ‘‘House GOP meets with 100 Lobby- premium reserve ratio at the FDIC tion, and it is going to be harmful to ists to plot to kill Wall Street Re- should not be used for anything other the American people. form.’’ than protecting depositors in bank fail- My district is still mired with high ‘‘In a call to arms, House Republican ures. Yet the Democratic majority has unemployment. We’ve got over 13 per- leaders met with more than 100 lobby- chosen the fiscal path of more spending cent unemployment in western North ists at the Capitol Visitors Center on and more borrowing—this at a time Carolina. The people across this Nation Tuesday afternoon to try to fight back when the Federal debt is $13 trillion have about 10 percent unemployment against financial regulatory overhaul and rising rapidly. nationally. People are hurting. Small legislation.’’ The American people deserve a better businesses in my district are worried That is the story of this debate, and plan that puts an end to bailouts, that about access to credit. Families are the choice is clear: Are we going to be audits the Fed, that reins in Fannie worried about being able to keep their on the side of the big banks, which held Mae and Freddie Mac, and that takes credit cards, their checking accounts, the American economy hostage, which the government out of the business of and the financial products that they resulted in the loss of millions of jobs, picking winners and losers. This bill know and like. and which left the taxpayers on the fails on all of these accounts. I oppose Unfortunately, this bill, this legisla- hook, or are we going to stay on the the rule and the underlying bill. tion, restricts credit, and it makes side of the consumers, taxpayers, Mr. PERLMUTTER. Mr. Speaker, I credit less available and tighter going American workers, and small busi- yield 2 minutes to the gentleman from forward. It makes it harder for the nesses? The choice is very clear. Illinois (Mr. HARE). small businesses which are struggling Back in December, every one of our Mr. HARE. Mr. Speaker, for too long to meet payroll—much less to create Republican colleagues voted ‘‘no’’ on the irresponsible actions of big banks jobs—to make ends meet. Wall Street accountability. Let’s hope, have put American families at risk. Now, the new taxpayer-funded bu- this time, they stand on the side of the Today, with the passage of this finan- reaucracy that this legislation creates American taxpayer and of the Amer- cial reform legislation, we will finally will intervene in the financial affairs of ican consumer and make the right begin to protect consumers on Main every single American and not for the choice for the American people. Street from the greed on Wall Street. better. The results will be fewer loans Mr. SESSIONS. Mr. Speaker, I find it Predatory lending, risky schemes, for people to buy cars, to purchase very interesting that the same people and exploiting loopholes were just homes, to go to college, or to start who are down here who are arguing for some of the tricks used by Wall Street small businesses. To make matters us to give them the responsibility and fat cats to send our economy spiraling worse—and the kicker with this bill—is authority and who are espousing how to the brink of a depression, but under that it won’t prevent the next crisis. It balanced their bill is are the same peo- this bill, we are ending these practices, doesn’t even address the root causes of ple who are bankrupting this country. and we are shining new light on prod- the last crisis. They don’t even apply their own logic ucts and transactions that threaten the Certainly, we are in favor of making and common sense to what they pass in stability of the financial system. sure the last crisis we faced doesn’t

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12425 ever happen again. I think we agree on nies pose little or no systemic risk to testimony for the last year-and-a-half, that, Republicans and Democrats. The our economy, and this bill protects almost 2 years, on the various subjects fact is this bill doesn’t address the root them from unnecessary and burden- that are addressed within the bill, and causes of the last crisis. So to call this some margin and clearing require- for holding a very open and trans- ‘‘reform’’ is a sham and a fraud, and I ments. parent conference that highlighted encourage my colleagues to vote Again, I thank Chairman FRANK and much of the bill and the differences be- against it. his staff for allowing me to be part of tween the House and the Senate. I Mr. PERLMUTTER. Mr. Speaker, this process, and I thank the gen- think that kind of transparency is how much time is remaining on both tleman from Colorado for yielding me what we need to see in the financial sides? this time. markets, and that is at the heart of all The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The gen- of this. tleman from Colorado has 6 minutes re- tleman from Texas has 2 minutes re- In September of 2008, we had a ter- maining. The gentleman from Texas maining, and the gentleman from Colo- rible financial free-fall, starting with has 11⁄2 minutes remaining. rado has 4 minutes remaining. placing Fannie Mae and Freddie Mac in Mr. PERLMUTTER. I yield 2 minutes Mr. SESSIONS. Mr. Speaker, as I conservatorship, and then a whole se- to the gentleman from New York (Mr. said earlier, it is important to provide ries of failures towards the end of that MCMAHON). consumer safety and security in the month. Ultimately the President of the Mr. MCMAHON. I thank the gen- marketplace, but our constituents are United States, George Bush, he and his tleman for yielding. also concerned about much, much chief cabinet officers asked this Con- Mr. Speaker, I rise today in full sup- more. They are concerned about jobs, gress to support the banking system in port of the bill and this rule. they are concerned about the economy, a way that none of us could have ever I commend Chairman FRANK, Chair- and they are concerned about the tre- conceived, but that was needed in an man PETERSON, and all of the Members mendous debt this Nation has taken emergency to save the banking system and their staffs who have worked so on. and keep this economy going in some hard. Week after week we come to the fashion or another. This legislation, Mr. Speaker, ad- House floor to debate bills and to talk Even so, under the rules and the ap- dresses many of the problems at the about the agenda that the Democratic proach taken by the Republicans who heart of the financial crisis while al- majority wants to have on the floor, were in office throughout the Bush ad- lowing us to build an even stronger and it would be true to say that Repub- ministration and this Congress from regulatory foundation for future eco- licans oppose that agenda, because it is 1994 on to 2006, Wall Street was unregu- nomic growth and stability in our fi- about taxing, it is about spending, it is lated. It was allowed to just go wild, nancial markets, which we need, un- about more debt, it is about bigger gov- and it resulted in a terrible cataclysm doubtedly, to create jobs in the Amer- ernment, and it is about the diminish- that we are all paying for now. ican economy. ment of free enterprise system jobs. It The bill that is before this body ad- Since my first days in Congress, I is about the things that the American dresses nine separate subjects: Con- have called for smart, thoughtful, new people have said they do not have con- sumer protection; investor protection; regulations for our shared goals of re- fidence in this body solving. it deals with credit rating agencies; de- form without unnecessarily burdening Whether it is cap-and-trade, health rivatives; hedge funds; insurance; it our economy or forcing our financial care, or government takeover of the fi- deals with salaries so that we don’t industries overseas. After a year and a nancial sector, my friends in the ma- incentivize too big of risk taking by ex- half of debate, discussion—and al- jority are ready every single week to ecutives so they put their banks or though not perfect—I think we have stick it to the free enterprise system. their financial organizations at risk; struck the right balance here, and I am My friends the Democrats seem more and it deals with too-big-to-fail, put- proud to support this bill. It is good for interested in accomplishing their polit- ting a structure in place so that if fi- America. It is good for New York City. ical agenda than trying to help the nancial institutions get way out there, It is good for the people of Staten Is- American people. over-leveraged, as we saw in 2008, that land and Brooklyn, who sent me here Once again, today, we have a job loss we have a system in place where we to represent them. bill on the floor. That is really what we can liquidate them and close them, not In particular, I applaud the effort to should call this—more big government, put them on life support in a bank- bring greater transparency, account- fewer private sector jobs, $18 billion in ruptcy, as my Republican colleagues ability, and oversight to our deriva- fees that will have to be paid by the would suggest. tives markets. This bill will make sure banks that will be passed on to con- This is a time to bring certainty that our regulators in the private sec- sumers, just on and on and on. back into the market and reasonable tor understand that outstanding swap Every Member of this body has a regulation and reasonable enforcement exposures for individual companies will chance to say no to more spending, back to the financial system. The bill never be allowed again to bring about a more big government, more rules and that is being brought to this Congress situation like what happened with AIG. regulations, and somehow to show the and this House today does just that. This legislation also recognizes the im- American people that they can make This country needs to rein in Wall portant role that derivatives play in tough choices and cut spending. Street. We need to protect Main Street actually reducing systemic risk for our I encourage a ‘‘no’’ vote on the rule and the taxpayers, the people that live end user companies and in increasing and a ‘‘no’’ vote on the underlying leg- throughout this country. This bill goes the flow of credit throughout our econ- islation. And I appreciate the gen- a long way toward doing that. omy. tleman from Colorado and his engage- With that, I urge a ‘‘yes’’ vote on the ment with me today. previous question and on the rule. b 1440 I yield back the balance of my time. I yield back the balance of my time, Whether it is an airplane or farm ma- Mr. PERLMUTTER. Mr. Speaker, I and I move the previous question on chinery manufacturer hedging against appreciate the comments of my friend the resolution. currency risks, a commercial real es- from Texas, but we couldn’t disagree The previous question was ordered. tate company or life insurance annuity more about the value of this bill and The SPEAKER pro tempore. The hedging against interest rate fluctua- the process we have gone through to question is on the resolution. tion, or an energy provider trying to get to this point. The question was taken; and the hedge the price of oil and gas, deriva- I would first like to thank the chair- Speaker pro tempore announced that tives are vital tools to keep consumer man and also the ranking member of the ayes appeared to have it. prices low and to help manage com- the Financial Services Committee for Mr. SESSIONS. Mr. Speaker, on that pany budgets. These end-user compa- holding hearing after hearing, taking I demand the yeas and nays.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12426 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 The yeas and nays were ordered. Cardoza Holt Pastor (AZ) Harper McCotter Rohrabacher Carnahan Honda Payne Hastings (WA) McHenry Rooney The SPEAKER pro tempore. Pursu- Carson (IN) Hoyer Perlmutter Heller McKeon Ros-Lehtinen ant to clause 8 of rule XX, further pro- Castle Inslee Peterson Hensarling McMahon Roskam ceedings on this question will be post- Castor (FL) Israel Pingree (ME) Herger McMorris Royce poned. Chaffetz Jackson (IL) Polis (CO) Herseth Sandlin Rodgers Ryan (WI) Chandler Jackson Lee Pomeroy Hoekstra Mica Scalise f Childers (TX) Posey Hunter Michaud Schmidt Chu Johnson (GA) Price (NC) Inglis Miller (FL) Schock Clarke Johnson (IL) Quigley Issa Miller (MI) Sensenbrenner PROVIDING FOR AN ADJOURN- Clay Johnson, E. B. Rahall Jenkins Miller, Gary Sessions MENT OR RECESS OF THE TWO Cleaver Jones Rangel Johnson, Sam Minnick Sestak HOUSES Clyburn Kagen Reyes Jordan (OH) Mitchell Shadegg Cohen Kanjorski Richardson King (IA) Moran (KS) Shimkus Mr. PERLMUTTER. Mr. Speaker, I Conyers Kennedy Rodriguez King (NY) Murphy (NY) Shuler send to the desk a privileged concur- Cooper Kildee Ross Kirk Murphy, Tim Shuster rent resolution and ask for its imme- Costa Kilpatrick (MI) Roybal-Allard Kline (MN) Myrick Simpson Costello Kilroy Ruppersberger Kosmas Neugebauer Sires diate consideration. Courtney Kind Rush Kratovil Nunes Smith (NE) The Clerk read the concurrent reso- Critz Kirkpatrick (AZ) Ryan (OH) Lamborn Nye Smith (NJ) lution, as follows: Crowley Kissell Salazar Lance Paul Smith (TX) Cuellar Klein (FL) Sa´ nchez, Linda LaTourette Paulsen Stearns H. CON. RES. 293 Cummings Kucinich T. Latta Pence Sullivan Resolved by the House of Representatives (the Dahlkemper Langevin Sanchez, Loretta Lee (NY) Perriello Teague Senate concurring), That when the House ad- Davis (AL) Larsen (WA) Sarbanes Linder Peters Terry LoBiondo Petri Thompson (PA) journs on any legislative day from Thursday, Davis (CA) Larson (CT) Schakowsky Davis (IL) Lee (CA) Schauer Lucas Pitts Thornberry July 1, 2010, through Saturday, July 3, 2010, Luetkemeyer Platts Tiahrt on a motion offered pursuant to this concur- DeFazio Levin Schiff DeGette Lewis (GA) Schrader Lungren, Daniel Poe (TX) Tiberi rent resolution by its Majority Leader or his Delahunt Lipinski Schwartz E. Price (GA) Turner designee, it stand adjourned until 2 p.m. on Deutch Loebsack Scott (GA) Mack Putnam Upton Tuesday, July 13, 2010, or until the time of Dicks Lofgren, Zoe Scott (VA) Maffei Radanovich Walden any reassembly pursuant to section 2 of this Dingell Lowey Serrano Manzullo Rehberg Westmoreland Marchant Reichert Whitfield concurrent resolution, whichever occurs Doggett Luja´ n Shea-Porter Doyle Lummis Sherman Markey (CO) Roe (TN) Wilson (SC) first; and that when the Senate recesses or McCarthy (CA) Rogers (AL) Wittman adjourns on any day from Wednesday, June Driehaus Lynch Skelton Edwards (MD) Maloney Slaughter McCaul Rogers (KY) Wolf 30, 2010, through Sunday, July 4, 2010, on a Ellison Markey (MA) Smith (WA) McClintock Rogers (MI) Young (FL) motion offered pursuant to this concurrent Engel Marshall Snyder NOT VOTING—24 resolution by its Majority Leader or his des- Eshoo Matheson Space ignee, it stand recessed or adjourned until Etheridge Matsui Speier Alexander Edwards (TX) Latham noon on Monday, July 12, 2010, or such other Fattah McCarthy (NY) Spratt Bishop (GA) Emerson Lewis (CA) Filner McCollum Stark Bishop (UT) Farr Obey time on that day as may be specified in the Boyd Gohmert Rothman (NJ) motion to recess or adjourn, or until the Foster McDermott Stupak Frank (MA) McGovern Sutton Brown, Corrine Higgins Taylor time of any reassembly pursuant to section 2 Fudge McIntyre Tanner Burton (IN) Hinchey Wamp of this concurrent resolution, whichever oc- Garamendi McNerney Thompson (CA) Davis (TN) Kaptur Woolsey curs first. Garrett (NJ) Meek (FL) Thompson (MS) DeLauro Kingston Young (AK) SEC. 2. The Speaker of the House and the Gerlach Meeks (NY) Tierney Majority Leader of the Senate, or their re- Gonzalez Melancon Titus b 1515 Gordon (TN) Miller (NC) Tonko spective designees, acting jointly after con- Mr. ROGERS of Alabama, Ms. MAR- sultation with the Minority Leader of the Grayson Miller, George Towns Green, Al Mollohan Tsongas KEY of Colorado, and Mr. CULBERSON House and the Minority Leader of the Sen- Green, Gene Moore (KS) Van Hollen changed their vote from ‘‘yea’’ to ate, shall notify the Members of the House Grijalva Moore (WI) Vela´ zquez and the Senate, respectively, to reassemble Gutierrez Moran (VA) Visclosky ‘‘nay.’’ at such place and time as they may des- Hall (NY) Murphy (CT) Walz So the concurrent resolution was ignate if, in their opinion, the public interest Halvorson Murphy, Patrick Wasserman agreed to. shall warrant it. Hare Nadler (NY) Schultz The result of the vote was announced Harman Napolitano Waters The SPEAKER pro tempore. The con- Hastings (FL) Neal (MA) Watson as above recorded. current resolution is not debatable. Heinrich Oberstar Watt A motion to reconsider was laid on The question is on the concurrent Hill Olson Waxman the table. Himes Olver Weiner resolution. Hinojosa Ortiz Welch f The question was taken; and the Hirono Owens Wilson (OH) Speaker pro tempore announced that Hodes Pallone Wu PROVIDING FOR CONSIDERATION the ayes appeared to have it. Holden Pascrell Yarmuth OF CONFERENCE REPORT ON Mr. SESSIONS. Mr. Speaker, on that NAYS—186 H.R. 4173, DODD-FRANK WALL I demand the yeas and nays. Aderholt Brown (SC) Diaz-Balart, M. STREET REFORM AND CON- The yeas and nays were ordered. Adler (NJ) Brown-Waite, Djou SUMER PROTECTION ACT The SPEAKER pro tempore. Pursu- Akin Ginny Donnelly (IN) The SPEAKER pro tempore. The un- ant to clause 8 of rule XX, this 15- Arcuri Buchanan Dreier Austria Burgess Duncan finished business is the vote on adop- minute vote on House Concurrent Res- Bachmann Buyer Ehlers tion of House Resolution 1490, on which olution 293 will be followed by 5-minute Bachus Calvert Ellsworth the yeas and nays were ordered. votes on House Resolution 1490 and sus- Barrett (SC) Camp Fallin Bartlett Campbell Flake The Clerk read the title of the resolu- pension of the rules with regard to H.R. Barton (TX) Cantor Fleming tion. 1554. Biggert Cao Forbes The SPEAKER pro tempore. The The vote was taken by electronic de- Bilbray Capito Fortenberry question is on the resolution. vice, and there were—yeas 222, nays Bilirakis Carney Foxx Bishop (NY) Carter Franks (AZ) This is a 5-minute vote. 186, not voting 24, as follows: Blackburn Cassidy Frelinghuysen The vote was taken by electronic de- [Roll No. 409] Blunt Coble Gallegly vice, and there were—yeas 234, nays Boccieri Coffman (CO) Giffords YEAS—222 Boehner Cole Gingrey (GA) 189, not voting 9, as follows: Ackerman Bean Boswell Bonner Conaway Goodlatte [Roll No. 410] Altmire Becerra Boucher Bono Mack Connolly (VA) Granger Andrews Berkley Brady (PA) Boozman Crenshaw Graves (GA) YEAS—234 Baca Berman Braley (IA) Boustany Culberson Graves (MO) Ackerman Arcuri Barrow Baird Berry Butterfield Brady (TX) Davis (KY) Griffith Adler (NJ) Baca Bean Baldwin Blumenauer Capps Bright Dent Guthrie Altmire Baird Becerra Barrow Boren Capuano Broun (GA) Diaz-Balart, L. Hall (TX) Andrews Baldwin Berkley

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.000 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12427 Berman Harman Ortiz Dreier Kratovil Posey [Roll No. 411] Berry Hastings (FL) Owens Duncan Lamborn Price (GA) YEAS—421 Bishop (GA) Heinrich Pallone Ehlers Lance Putnam Bishop (NY) Herseth Sandlin Pascrell Emerson Latham Radanovich Ackerman Cuellar Inslee Blumenauer Himes Pastor (AZ) Fallin LaTourette Rehberg Aderholt Culberson Israel Boccieri Hinchey Payne Flake Latta Reichert Adler (NJ) Cummings Issa Boswell Hinojosa Perlmutter Fleming Lee (NY) Roe (TN) Akin Dahlkemper Jackson (IL) Boucher Hirono Perriello Forbes Lewis (CA) Rogers (AL) Alexander Davis (AL) Jackson Lee Boyd Hodes Peters Fortenberry Linder Rogers (KY) Altmire Davis (CA) (TX) Brady (PA) Holden Peterson Foxx LoBiondo Rogers (MI) Andrews Davis (IL) Jenkins Braley (IA) Holt Pingree (ME) Franks (AZ) Lucas Rohrabacher Arcuri Davis (KY) Johnson (GA) Bright Honda Polis (CO) Frelinghuysen Luetkemeyer Rooney Austria Davis (TN) Johnson (IL) Brown, Corrine Hoyer Pomeroy Gallegly Lummis Ros-Lehtinen Baca DeFazio Johnson, E. B. Butterfield Israel Price (NC) Garrett (NJ) Lungren, Daniel Roskam Bachmann DeGette Johnson, Sam Capps Jackson (IL) Quigley Gerlach E. Ross Bachus Delahunt Jones Capuano Jackson Lee Rahall Giffords Mack Royce Baird DeLauro Jordan (OH) Cardoza (TX) Rangel Gingrey (GA) Manzullo Ryan (WI) Baldwin Dent Kagen Carnahan Johnson (GA) Reyes Goodlatte Marchant Scalise Barrett (SC) Deutch Kanjorski Carney Johnson, E. B. Richardson Granger McCarthy (CA) Schmidt Barrow Diaz-Balart, L. Kaptur Carson (IN) Kagen Rodriguez Graves (GA) McCaul Schock Bartlett Diaz-Balart, M. Kennedy Castor (FL) Kanjorski Roybal-Allard Graves (MO) McClintock Sensenbrenner Barton (TX) Dicks Kildee Chu Kennedy Ruppersberger Griffith McCotter Sessions Bean Dingell Kilpatrick (MI) Clarke Kildee Rush Guthrie McHenry Shadegg Becerra Djou Kilroy Clay Kilpatrick (MI) Ryan (OH) Hall (TX) McKeon Shimkus Berkley Doggett Kind Cleaver Kilroy Salazar Harper McMorris Shuler Berman Donnelly (IN) King (IA) Clyburn Kind Sa´ nchez, Linda Hastings (WA) Rodgers Shuster Berry Doyle King (NY) Cohen Kissell T. Heller Mica Simpson Biggert Dreier Kingston Connolly (VA) Klein (FL) Sanchez, Loretta Hensarling Miller (FL) Smith (NE) Bilbray Driehaus Kirk Conyers Kosmas Sarbanes Herger Miller (MI) Smith (NJ) Bilirakis Duncan Kirkpatrick (AZ) Cooper Kucinich Schakowsky Hill Miller, Gary Smith (TX) Bishop (GA) Edwards (MD) Kissell Costa Langevin Schauer Hoekstra Minnick Stearns Bishop (NY) Edwards (TX) Klein (FL) Costello Larsen (WA) Schiff Hunter Mitchell Sullivan Bishop (UT) Ehlers Kline (MN) Courtney Larson (CT) Schrader Inglis Moran (KS) Terry Blackburn Ellison Kosmas Crowley Lee (CA) Schwartz Issa Murphy, Tim Thompson (PA) Blumenauer Ellsworth Kratovil Cuellar Levin Scott (GA) Jenkins Myrick Thornberry Blunt Emerson Kucinich Cummings Lewis (GA) Scott (VA) Johnson (IL) Neugebauer Tiahrt Boccieri Engel Lamborn Dahlkemper Lipinski Serrano Johnson, Sam Nunes Tiberi Boehner Eshoo Lance Davis (AL) Loebsack Sestak Jones Nye Turner Bonner Etheridge Langevin Davis (CA) Lofgren, Zoe Shea-Porter Jordan (OH) Olson Upton Bono Mack Fallin Larsen (WA) Davis (IL) Lowey Sherman Kaptur Paul Walden Boozman Farr Larson (CT) Davis (TN) Luja´ n Sires King (IA) Paulsen Westmoreland Boren Fattah Latham DeFazio Lynch Skelton King (NY) Pence Whitfield Boswell Filner LaTourette DeGette Maffei Slaughter Kingston Petri Wilson (SC) Boucher Flake Latta DeLauro Maloney Smith (WA) Kirk Pitts Wittman Boustany Fleming Lee (CA) Deutch Markey (CO) Snyder Kirkpatrick (AZ) Platts Wolf Boyd Forbes Lee (NY) Dicks Markey (MA) Space Kline (MN) Poe (TX) Young (FL) Brady (PA) Fortenberry Levin Brady (TX) Foster Lewis (CA) Dingell Marshall Speier NOT VOTING—9 Doggett Matheson Spratt Braley (IA) Foxx Lewis (GA) Donnelly (IN) Matsui Stark Delahunt Inslee Wamp Broun (GA) Frank (MA) Linder Doyle McCarthy (NY) Stupak Gohmert Rothman (NJ) Woolsey Brown (SC) Franks (AZ) Lipinski Driehaus McCollum Sutton Higgins Taylor Young (AK) Brown, Corrine Frelinghuysen LoBiondo Edwards (MD) McDermott Tanner Brown-Waite, Fudge Loebsack ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Edwards (TX) McGovern Teague Ginny Gallegly Lofgren, Zoe Ellison McIntyre Thompson (CA) The SPEAKER pro tempore (during Buchanan Garamendi Lowey Ellsworth McMahon Thompson (MS) the vote). There is 1 minute remaining Burgess Garrett (NJ) Lucas Engel McNerney Tierney Burton (IN) Gerlach Luetkemeyer in this vote. ´ Eshoo Meek (FL) Titus Butterfield Giffords Lujan Etheridge Meeks (NY) Tonko Buyer Gingrey (GA) Lummis Farr Melancon Towns b 1523 Calvert Gonzalez Lungren, Daniel Camp Goodlatte E. Fattah Michaud Tsongas So the resolution was agreed to. Filner Miller (NC) Van Hollen Campbell Gordon (TN) Lynch Foster Miller, George Vela´ zquez The result of the vote was announced Cantor Granger Mack Frank (MA) Mollohan Visclosky as above recorded. Cao Graves (GA) Maffei Fudge Moore (KS) Walz Capito Graves (MO) Maloney A motion to reconsider was laid on Capps Grayson Manzullo Garamendi Moore (WI) Wasserman the table. Gonzalez Moran (VA) Schultz Capuano Green, Al Marchant Cardoza Griffith Markey (CO) Gordon (TN) Murphy (CT) Waters f Grayson Murphy (NY) Watson Carnahan Grijalva Markey (MA) Carney Guthrie Marshall Green, Al Murphy, Patrick Watt FOUNTAINHEAD PROPERTY LAND Green, Gene Nadler (NY) Waxman Carson (IN) Gutierrez Matheson Grijalva Napolitano Weiner TRANSFER ACT Carter Hall (NY) Matsui Cassidy Hall (TX) McCarthy (CA) Gutierrez Neal (MA) Welch The SPEAKER pro tempore. The un- Hall (NY) Oberstar Wilson (OH) Castle Halvorson McCarthy (NY) Halvorson Obey Wu finished business is the vote on the mo- Castor (FL) Hare McCaul Hare Olver Yarmuth tion to suspend the rules and pass the Chaffetz Harman McClintock Chandler Harper McCollum bill (H.R. 1554) to take certain property NAYS—189 Childers Hastings (FL) McCotter in McIntosh County, Oklahoma, into Chu Hastings (WA) McDermott Aderholt Boozman Carter trust for the benefit of the Muscogee Clarke Heinrich McGovern Akin Boren Cassidy Clay Heller McHenry Alexander Boustany Castle (Creek) Nation, and for other purposes, Cleaver Hensarling McIntyre Austria Brady (TX) Chaffetz as amended, on which the yeas and Clyburn Herger McKeon Bachmann Broun (GA) Chandler nays were ordered. Coble Herseth Sandlin McMahon Bachus Brown (SC) Childers The Clerk read the title of the bill. Coffman (CO) Hill McMorris Barrett (SC) Brown-Waite, Coble Cohen Himes Rodgers Bartlett Ginny Coffman (CO) The SPEAKER pro tempore. The Cole Hinchey McNerney Barton (TX) Buchanan Cole question is on the motion offered by Conaway Hinojosa Meek (FL) Biggert Burgess Conaway the gentleman from Oklahoma (Mr. Connolly (VA) Hirono Meeks (NY) Bilbray Burton (IN) Crenshaw Conyers Hodes Melancon Bilirakis Buyer Critz BOREN) that the House suspend the Cooper Hoekstra Mica Bishop (UT) Calvert Culberson rules and pass the bill, as amended. Costa Holden Michaud Blackburn Camp Davis (KY) This is a 5-minute vote. Costello Holt Miller (FL) Blunt Campbell Dent The vote was taken by electronic de- Courtney Honda Miller (MI) Boehner Cantor Diaz-Balart, L. Crenshaw Hoyer Miller (NC) Bonner Cao Diaz-Balart, M. vice, and there were—yeas 421, nays 1, Critz Hunter Miller, Gary Bono Mack Capito Djou not voting 10, as follows: Crowley Inglis Miller, George

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12428 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Minnick Reichert Smith (WA) sumers and investors, to enhance Fed- And this would not prevent, for ex- Mitchell Reyes Snyder eral understanding of insurance issues, ample, within the $50 billion already Mollohan Richardson Space Moore (KS) Rodriguez Speier to regulate the over-the-counter de- allocated for HAMP, perhaps adjusting Moore (WI) Roe (TN) Spratt rivatives markets, and for other pur- resources between already-initiated Moran (KS) Rogers (AL) Stark poses, and ask for its immediate con- programs based on their effectiveness. Moran (VA) Rogers (KY) Stearns sideration. Mr. FRANK of Massachusetts. If the Murphy (CT) Rogers (MI) Stupak Murphy (NY) Rohrabacher Sullivan The Clerk read the title of the bill. gentlewoman would yield. Murphy, Patrick Rooney Sutton The SPEAKER pro tempore. Pursu- The answer is a resounding yes. And Murphy, Tim Ros-Lehtinen Tanner ant to House Resolution 1490, the con- Myrick Roskam I certainly have been following her Teague Nadler (NY) Ross ference report is considered read. leadership in trying to make sure that Terry Napolitano Roybal-Allard (For conference report and state- these programs do more than many of Thompson (CA) Neal (MA) Royce ment, see proceedings of the House of them have done. Neugebauer Ruppersberger Thompson (MS) Nunes Ryan (OH) Thompson (PA) June 29.) So the answer to her question is yes. Nye Ryan (WI) Thornberry The SPEAKER pro tempore. The gen- Nothing new can be started after June Oberstar Salazar Tiahrt tleman from Massachusetts (Mr. 25, but it does not reach back and Tiberi Obey Sa´ nchez, Linda FRANK) and the gentleman from Ala- strangle in the cradle those programs Olson T. Tierney Olver Sanchez, Loretta Titus bama (Mr. BACHUS) each will control 60 that were under way. I confirm that Ortiz Sarbanes Tonko minutes. the conference report would not pre- Owens Scalise Towns The Chair recognizes the gentleman vent adjusting resources between al- Pallone Schakowsky Tsongas from Massachusetts. Pascrell Schauer Turner ready initiated programs based on Pastor (AZ) Schiff Upton GENERAL LEAVE their effectiveness. Paul Schmidt Van Hollen Mr. FRANK of Massachusetts. Mr. Ms. WATERS. Thank you. I appre- Paulsen Schock Vela´ zquez Speaker, at the outset I ask unanimous ciate that. Payne Schrader Visclosky consent that all Members have 5 legis- Mr. BACHUS. Mr. Speaker, I yield Pence Schwartz Walden Perlmutter Scott (GA) Walz lative days in which to revise and ex- myself 5 minutes. Perriello Scott (VA) Wasserman tend their remarks on this matter. Mr. Speaker, today I would like to Peters Sensenbrenner Schultz The SPEAKER pro tempore. Is there address the good, the bad, and the ugly Peterson Serrano Waters Petri Sessions objection to the request of the gen- in this bill. Watson Pitts Sestak Watt tleman from Massachusetts? The good: There is consumer protec- Platts Shadegg Waxman There was no objection. tion. There is more disclosure and Poe (TX) Shea-Porter Polis (CO) Sherman Weiner Mr. FRANK of Massachusetts. Mr. transparency. There are some bipar- Pomeroy Shimkus Welch Speaker, to begin, I want to yield for a tisan provisions in this bill that add a Posey Shuler Westmoreland colloquy 3 minutes to one of the lead- Whitfield whistleblower office to the SEC. But Price (GA) Shuster ers in the House and certainly in our Price (NC) Simpson Wilson (OH) the bad and the ugly far outweigh Putnam Sires Wilson (SC) committee in forging this particular those. Quigley Skelton Wittman legislation and in fighting to make In total, this bill is a massive intru- Radanovich Slaughter Wolf sure that fairness is done throughout sion of Federal Government into the Rahall Smith (NE) Wu Rangel Smith (NJ) Yarmuth all of our efforts, the gentlewoman lives of every American. It is the finan- Rehberg Smith (TX) Young (FL) from California (Ms. WATERS). cial services equivalent of ObamaCare, Ms. WATERS. Mr. Speaker, Mem- NAYS—1 the government takeover of our health bers, I would like to begin by thanking care system. Bright the chair of the Financial Services 1540 NOT VOTING—10 Committee, my colleague, Mr. BARNEY b Gohmert Rothman (NJ) Woolsey FRANK, for the leadership that he has If finally enacted, it will move us fur- Green, Gene Rush Young (AK) provided in bringing us to this point in ther toward a managed economy, with Higgins Taylor doing regulatory reform. There were the Federal Government’s making de- Pingree (ME) Wamp times I thought it would never happen, cisions that have been and should stay ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE but because of his brilliance, and be- in the hands of individuals and private The SPEAKER pro tempore (during cause of his leadership, and because of businesses. the vote). There are 2 minutes remain- his ability to listen to all of the Mem- For instance, it will make the com- ing in this vote. bers who serve not only on that com- pensation of every employee of a finan- cial firm subject to rules set by a gov- b 1533 mittee but on the conference com- mittee, we finds ourselves here. ernment overseer. Can you imagine So (two-thirds being in the affirma- But I would like at this point in time anything as basic as what an employer tive) the rules were suspended and the to engage my chairman to make sure pays an employee controlled by a Fed- bill, as amended, was passed. that I understand one particular word eral bureaucrat in Washington? It will The result of the vote was announced that was used in this conference com- even apply to clerical employees. Gov- as above recorded. mittee report. ernment regulators will be empowered A motion to reconsider was laid on So if I may make an inquiry of the to seize and break up even healthy the table. gentleman from Massachusetts. I’m firms they decide are systemic risks Stated for: trying to understand the meaning of and to even appoint new management Mr. GENE GREEN of Texas. Mr. Speaker, the word ‘‘initiated’’ in paragraph 5 of to run these private companies. on rollcall No. 411, had I been present, I the conference report. Would ‘‘initi- As I said on the floor earlier today, would have voted, ‘‘yes.’’ ated’’ include any program or initia- this bill will institutionalize AIG-type f tive that has been announced by Treas- bailouts of creditors and counter- ury prior to June 25, 2010? And if so, I parties, and it will saddle taxpayers CONFERENCE REPORT ON H.R. 4173, assume that that means that programs with the losses resulting from out-of- DODD-FRANK WALL STREET RE- such as the FHA refinance program, control risk-taking by Wall Street in- FORM AND CONSUMER PROTEC- which would address the problem of stitutions—gamblers. My colleagues on TION ACT negative equity and which I understand the other side of the aisle will tell you Mr. FRANK of Massachusetts. Mr. Treasury and the FHA are working on this bill does not include a bailout Speaker, pursuant to House Resolution but is not yet publicly available, would fund. They are wrong. 1490, I call up the conference report on be included as would the Hardest Hit As I explained earlier, here it is, laid the bill (H.R. 4173) to provide for finan- Fund program, which is not fully im- out. You can lend money to a failing cial regulatory reform, to protect con- plemented yet. company. Now, how do you get money

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12429 back from a failing company? You can ished—that he quotes it so blatantly Two, they would have to ensure that purchase their assets. You can guar- out of context. Yes, there are powers the shareholders do not receive pay- antee their obligations. You can sell or that are given. Clearly, in the bill, it is ment until the claims are paid. transfer their assets. It is there. only once the entity has been put into They would have to ensure that unse- What does this cost? receivership on its way to liquidation. cured creditors bear losses in accord- As I explained earlier, the FDIC can The gentleman from Alabama has ance with the priority of claims in sec- borrow up to 90 percent of a firm’s as- several times today talked about the tion 210. That is the FDIC. sets. That’s $2 trillion in the case of powers as if they were just randomly They would have to ensure that the Bank of America alone. They could given. I will be distributing the en- management is removed, and they borrow $2.1 trillion in that case alone. tirety of this, and it is the most dis- would have to ensure that the members That is a bailout fund, period. torted picture of a bill I have seen. The of the board of directors are removed. Not only will it make bailouts per- title, by the way, is headed: Orderly So it is quite the opposite of what manent, but it will empower govern- Liquidation of Current Financial Com- the gentleman talked about. It says ment employees to go around settled panies. The purpose of this title is to that, if an institution has gotten so in- bankruptcy law in so-called ‘‘resolu- provide the necessary authority to liq- debted that it should not be able to pay tions,’’ done behind closed doors, with uidate failing financial companies. its debts, we would step in, and we unequal treatment of creditors at the Again, I am astonished that he would would put it out of business. It is to- whim of politically influenced govern- not give the Members the full picture tally different from what happened ment officials. This has already hap- that comes as part of a subtitle that with AIG. It does then say, yes, in pened. A financial firm’s ability to sur- reads: Funding for Orderly Liquidation. some circumstances, there may be an vive a crisis like the one we went Mr. BACHUS. Will the gentleman ability to do these things but only through 2 years ago will depend, as it yield? after the institution has been liq- did then, on whether its CEO can get Mr. FRANK of Massachusetts. Yes. uidated. Mr. BACHUS. When I say they The gentleman never mentioned the President of the New York Fed on shouldn’t bail out the creditors and that. The gentleman talks about it and the phone on a Saturday night, as one counterparties, I don’t care whether talks about it, and he never mentions firm did. Friendships and being well- they are in receivership or not. They that this is only as the institution is connected should not determine the should not bail them out, period. being put out of business. It is also success or failure of private enter- Mr. FRANK of Massachusetts. Re- very clear elsewhere in here that any prises. claiming my time, Mr. Speaker, please, funds expended will come from the fi- Finally, it imposes an $11 billion tax let’s get this started on the right point. nancial institutions, not from the tax- disguised as an FDIC assessment. To Instruct the gentleman as to the rules. payers. fund this new government spending, I thought he was going to ask me about Now, we had a good piece of legisla- they tax Main Street banks and finan- what I said. tion that we had adopted in conference cial institutions. They raise their FDIC He has consistently read a part of in order to try to do that here. Unfor- premiums even though those premiums this section, leaving out the part that tunately, to get the Republican votes would go to bail out Wall Street firms would help Members understand it. He necessary in the Senate for an other- and not to save depositors, as the sys- didn’t say what he just said. He said he wise very good bill, we had to back tem was designed to do. read these as if they were there in gen- that down, but it didn’t change in here. Mr. Speaker, if you voted against eral. The powers he talked about come So, yes, there are provisions that the this bill on the floor, if you voted in the subsets of the section: Funding gentleman read, but unlike the way he against it in committee, you need to for Orderly Liquidation. presented them, they don’t stand by vote against it again, because it is even Those powers are just upon the ap- themselves. They come only after it worse than when it came out of the pointment of a receiver. So this is not has been determined by the adminis- House. to keep an institution going. This is tration in power that the financial sta- We have seen the anger and frustra- not AIG. Yes, he can be critical about bility of the company requires, first, tion generated by the injustice of too- the Bush administration on its own, that the company be liquidated and, big-to-fail bailouts. We have seen the without Congress, with regard to AIG. second, that some attention be given to folly of implied guarantees as with We repeal in this bill the power under its debts, but it will be funding out of Fannie and Freddie. We have seen, which they acted and with the Federal the other financial institutions, not time after time, the failure of govern- Reserve’s concurrence. By the way, it from the taxpayers. ment-run schemes to create jobs and to also says in here that those powers are I reserve the balance of my time. grow the real economy. Nevertheless, subject to section 206. Mr. BACHUS. At this time, I yield 3 here the majority party is again, doing Again, I don’t know why the gen- minutes to the gentleman from Texas the same thing over and over, blindly tleman—I guess I do know why they (Mr. SMITH), the ranking member of hoping that, suddenly, this time, they would want to read this, but let me the Judiciary. will get a different result. Well, you’re read it because it corrects entirely the Mr. SMITH of Texas. I thank the right. The American people are de- wholly inaccurate picture he gave peo- ranking member, the gentleman from manding a different result, and in a se- ple. The actions that he read can be Alabama, for yielding. ries of recent elections, they have told taken if the corporation determines Mr. Speaker, over a long history incumbents to go home and to spend mandatory terms and conditions for all rooted in our Constitution, we have re- their own money, not theirs—not the orderly liquidation actions. lied on the rule of law and on impartial taxpayers’. AIG was kept alive. This cannot be bankruptcy courts to resolve the debts In conclusion, if you choose to bail kept alive. This happens only as the of failed enterprises. History has prov- out the creditors and counterparties of death of the institution comes. He may en us correct. the big Wall Street firms or to loan think the Bush administration picked Exhibit 1, for the benefits of the them money when they get in trouble, its friends. I think he is being unfair to bankruptcy system, is the recent case don’t expect the voters to bail you out Mr. Bernanke. I think he is being un- of Lehman Brothers. As the peak of the come November. fair to Mr. Paulson and Mr. Geithner. 2008 financial crisis approached, Leh- I reserve the balance of my time. Anyway, here are the rules they would man declared bankruptcy. Within a Mr. FRANK of Massachusetts. Mr. have to follow: week, it had sold its core business. Speaker, I yield myself such time as I First, they would have to determine Within 6 weeks, its third-party credit may consume to correct a very incom- that such action is necessary for pur- default swaps had been dissolved. That plete picture that was just given. poses of the financial stability and not sealed off risk to other firms. The gentleman keeps quoting that for the purpose of preserving the cov- Experts have shown that the Lehman one section. I’m astonished—aston- ered company. case didn’t cause the financial system

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12430 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 to melt down. This bill discards our three percentage points and increase More control, Mr. Speaker, by the proven bankruptcy system for some- their fees and their payments exponen- Federal Reserve of more things and thing the American people forcefully tially so that they can’t pay it back. more regulation. There is a new agency reject: government-sponsored bailouts. Don’t give them yield spread premiums under the Federal Reserve that will be The roller coaster bailout ride of 2008 is that reward the people who get people in charge of setting new rules for the what caused the financial meltdown. into the worst kind of loans, rather banking sector of the country in its en- Yet this bill just builds a bigger, faster than giving them the best loans avail- tirety. bailout roller coaster. The bill’s spon- able. Don’t charge a prepayment pen- Credit, Mr. Speaker, will not be more sors openly admit that they don’t know alty for allowing somebody to get out available. It will be less available. Peo- if it will work, but they urge us to of a higher interest rate into a lower ple who are in the job-creating business build it anyway. interest rate. Make sure that when you are already making announcements refinance, somebody gets some net tan- about what they will do as they re- b 1550 gible benefit out of the refinance, other spond to this. Why is that? Because The question is why, and the answer than the person that is making the this bill steps further into managing is simple: When government picks the loan. Don’t allow people to steer to the the economy. The government may be winners and losers, government be- highest interest rate and worst possible able to do lots of things, but making comes more powerful. So do the Wall predatory loan when there are other business decisions is not one of them. Street winners that government picks. loans available. Don’t fail to give the Utility companies, food processors, Meanwhile, Main Street and free enter- proper disclosures about what is going others who routinely try to protect prise lose. on. And don’t prevent the State Attor- themselves in a volatile marketplace This administration and its congres- neys General from enforcing their own will not be able to do this. sional allies embrace what the Found- State laws, when we don’t even have a Mr. Speaker, this bill will cost jobs ers fought against, ever-expanding gov- Federal law on the books. at the very time we ought to be fig- ernment power over the lives of free The SPEAKER pro tempore. The uring out how to increase jobs. I hope men and women. The Founders rejected time of the gentleman has expired. our colleagues will turn it down and go this approach, the American people re- Mr. FRANK of Massachusetts. Mr. back and do the right thing. ject it, and so should we. Speaker, I yield the gentleman 1 addi- Mr. FRANK of Massachusetts. Mr. Mr. FRANK of Massachusetts. Mr. tional minute. Speaker, I yield myself 15 seconds to Speaker, producing this legislation has Mr. WATT. All of that is in this bill. correct the gentleman. been one of the most impressive team If we had had this kind of legislation in We have not created a consumer bu- efforts in which I have ever partici- effect when we first started intro- reau under the Federal Reserve. It will pated, and an indispensable member of ducing it back in 2004, we could have be housed in the Federal Reserve. The the team going back to the early part avoided this. Federal Reserve will have no ability to Don’t let anybody say that this was of this century and his concern for interfere. Some on the other side wish an unforeseeable chain of events that mortgage lending and fairness in the it would. But it will be a fully inde- led to this meltdown. We need to cor- rules is the gentleman from North pendent consumer bureau. It will get rect it and make sure that going for- Carolina (Mr. WATT) to whom I yield 3 its mail at the Federal Reserve, but no- minutes. ward those kind of predatory practices never, never, never, never occur again body there will be able to open it. Mr. WATT. Mr. Speaker, I want to I now yield 4 minutes to the gen- thank my colleague for the time and in our country. Mr. BACHUS. Mr. Speaker, I yield 2 tleman from Pennsylvania (Mr. KAN- for his leadership in this tremendous minutes to the gentleman from Mis- JORSKI), one of the leaders in putting effort. souri (Mr. BLUNT). together this bill in the area specifi- I would like to spend some time just Mr. BLUNT. I thank the gentleman cally of investor protection. challenging a notion that is out there for yielding and for the hard work he Mr. KANJORSKI. Mr. Speaker, I rise that this whole meltdown was unfore- has done on this bill. in support of the conference agree- seeable by anybody, that nobody could Mr. Speaker, clearly the country ment. have foreseen it, and dispel that notion would like to see the right things done Mr. Speaker, this is not a perfect bill, by understanding that on March 16, for the economy. I think this bill fails but this is a darn good bill. I know we 2004, the first anti-predatory lending to do many of the basic things it are going to hear objections on both bill was introduced in this House of should have done and does the things sides of the aisle, but if you have a Representatives by BRAD MILLER of that we shouldn’t have done. chance to look at it, and it is a lengthy North Carolina and myself. We saw It doesn’t end too-big-to-fail, Mr. bill, the 2,600 pages that are presented forthcoming the possibility of this sub- Speaker. In fact, it institutionalizes to both the House today and within a stantial meltdown, because we knew too-big-to-fail. Treasury will be able to week or so to the Senate constitutes that predatory loans were out there front money to wind down these failing the first revolutionary change of secu- being made to people who could not af- firms, but also Treasury can decide if rities laws in the United States since ford to pay them back. they are at risk of failure. There is way the Great Depression. At that time we Again, on March 9, 2005, in the 109th too much involvement with the tax- had a tremendous collapse, and our Congress we reintroduced the bill, the payers in coming in and doing exactly forefathers and predecessors rose to the anti-predatory lending bill. On October what the American taxpayers are tired occasion by establishing a regulatory 22, 2007, we reintroduced the anti-pred- of seeing us doing. platform within the United States that atory lending bill in the 110th Con- The government-sponsored entities, made us the envy of the world. gress. Finally, finally, in this term of Fannie Mae and Freddie Mac, that we We had in 2008 a collapse and a fail- Congress, on March 26, 2009, we reintro- have talked about and will talk about ure of that system. It primarily grew duced it for a fourth time, and finally more on this floor today and have out of the failure of the regulatory sys- it is incorporated into this legislation. talked about for months as one of the tem to use all the powers it had and to Now, why is that important? It for prime causes for the economic prob- keep track with our highly speculative the first time puts around loans some lems we face, as far as I can tell, they and greedful nature at the time to prudential rules that say you ought to are not mentioned, and if they are allow us to go into the tremendous exercise some common sense when you mentioned, Mr. Speaker, there is no re- credit crisis that we faced in 2008. make a loan to somebody. form. The root cause of the problem we To now make an argument that we Don’t do a loan to people without have in the economy today was caused need do nothing and we will recover proper documentation of their income. by these entities, and they are not ad- and we will prosper is pure ludicrous- Don’t give them a teaser rate for six dressed, and it was said they would not ness. The fact of the matter is there months and then escalate it by two or be addressed. are holes, there are loopholes, there are

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12431 failures within our system. We have to negotiations, we have produced a final bill that our economy. During the last two years, my cleanse that system and fix that sys- will considerably strengthen our financial serv- top priority has therefore been to avoid having tem, and that is exactly what this bill ices infrastructure, a system that not only un- any future Congress face the same dilemma does. derpins the American economy but one that that we faced in 2008: ‘‘bail out’’ Wall Street I am pleased to say that I had a part also serves as a cornerstone of our global to save Main Street or risk the collapse of the in doing that. I helped prepare one markets. This bill also represents the most sig- entire American economy. I decided that the amendment, the too-big-to-fail amend- nificant overhaul of our Nation’s financial serv- most important element of any reform of the fi- ment. What we can say to our succes- ices regulatory framework since the reforms nancial system needed to ensure that no fi- sors and to our constituents is that put in place during the Great Depression. nancial firm could be allowed to become so never again in the future will there be This landmark agreement touches upon big, interconnected, or risky that its failure an unlimited power for financial insti- nearly every corner of our financial markets. would endanger the whole economy. tutions to grow either in size, inter- Among other things, this bill ends the era in connectedness or other negative fac- which financial institutions can become too big In this regard, I am pleased that this legisla- tors that they can remain and put in to fail in several ways, including my provision tion helps bring an end to the era of too-big- jeopardy systemically the economy of to allow regulators to preemptively break up to-fail financial institutions in at least three sig- the United States and the world. healthy financial firms that pose a grave threat nificant ways. First, it achieves this end by es- tablishing new regulatory authorities to dis- b 1600 to the U.S. economy. Additionally, the bill reg- ulates financial derivatives for the first time, solve and liquidate failing financial institutions We have the authority vested in our in an orderly manner that protects our overall regulators to see that that doesn’t hap- establishes procedures for shutting down fail- ing financial companies in an orderly manner, economy. The Obama Administration pro- pen. If our regulators are able and will posed these much needed reforms as an ini- use those powers, never again will we forces the registration of hedge fund advisers, and holds credit rating agencies accountable tial step for ending the problem of too big to face the too-big-to-fail concept of hav- fail. ing to bail out some of the largest in- through greater liability. This bill also greatly stitutions in the world. expands investor protections by setting up a fi- Second, the conference agreement incor- Secondly, a large part of this was de- duciary standard for broker-dealers offering porates my amendment vesting regulators with voted to investor protection. I can’t go personalized investment advice, allowing the power to limit the activities of and even through all the elements, but for the shareholders to nominate candidates for cor- disband seemingly healthy financial services first time in history we’re going to porate boards, and creating a bounty program firms. Specifically, the Kanjorski amendment allow the regulators to study and come to reward whistleblowers whose tips lead to permits regulators to preemptively break up up with rules and regulations that successful enforcement actions. and take other actions against financial institu- allow a fiduciary relationship between Moreover, this legislation enhances the tions whose size, scope, nature, scale, con- broker-dealers, investment advisers, powers and resources of the U.S. Securities centration, interconnectedness, or mix of ac- and their clients—their customers. and Exchange Commission, SEC. The pend- tivities pose a grave threat to the financial sta- Most people in this country think that ing conference agreement also forces a com- bility or economy of the United States. prehensive study of the way that the SEC op- already exists. It doesn’t. After this Third, the final agreement contains a fairly bill and the use of those new regula- erates which will lead to much needed man- agement reforms. Furthermore, the conference strong Volcker rule that will limit the activities tions, it will. You can then trust that of financial institutions going forward and pre- the advice being given by the broker- agreement creates for the first time a Federal office to monitor insurance matters. Finally, vent them from becoming too big to fail. In- dealer or the investment counselor is spired by the legendary former Federal Re- in your best interest as a customer and this bill will comprehensively modify mortgage serve Chairman, Paul Volcker, this rule will not in theirs. lending practices—including escrow proce- We also call for the largest com- dures, mortgage servicing, and appraisal ac- bar proprietary trading by banks, significantly prehensive study of the Securities and tivities. curtail bank investments in private equity Exchange Commission in the history of In short, the conference report on H.R. 4173 funds and hedge funds, and cap the liabilities the commission. It will put into place is a very good package that will restructure of big banks. As a result, the Volcker rule will the tools necessary to revise the entire the foundations of the U.S. financial system. It prohibit banks from engaging in highly specu- SEC in the future. It also will be the will enhance regulation over more products lative activities that in good times produce predicate for that type of a comprehen- and actors, create additional investor protec- enormous profits but in bad times can lead to sive study to be used in other agencies tions and consumer safeguards, and promote collapse. and commissions of government to greater accountability for those who work in Together, these three reforms will better allow us the long road of reform in the our capital markets. For these reasons, I urge protect our financial system and mitigate the American government. These things my colleagues to vote in favor of this momen- problem of too big to fail. The Kanjorski are in the bill. Beside that, we have the tous agreement. amendment and the Volcker rule will also sub- capacity to require that no one in the ENDING TOO BIG TO FAIL stantially resurrect the barrier between com- future need worry about the responsi- Historians will likely long argue about the mercial and investment banking that resulted bility of the companies they’re dealing causes of the 2008 credit crunch, but one can- in a stable financial system for more than 70 with as to whether or not they will not deny that one huge contributing factor was years after the Great Depression. have counterparties, whether they are the failure of government regulators to rein in relying on representations that are dangerous financial institutions. Giant films like As the Wall Street Journal on Saturday re- true or false, because we’re going to American International Group, AIG, as well as ported, ‘‘. . . the bill gives regulators power to have transparency within the system. many smaller firms, engaged in recklessly constrain the activities of big banks, including In the other areas dealing with de- risky behavior that rewarded them with huge forcing them to divest certain operations and rivatives, we’re going to have ex- profits during the build-up of the housing bub- to hold more money to protect against losses. changes. We’re going to have disclo- ble, but then nearly wiped them out as the If those buffers don’t work, the government sure. Never has that happened in the bubble burst. Actually, AIG and other firms would have the power to seize and liquidate a history of the United States. Over the would have collapsed and our economy would failing financial company that poses a threat to years, the last two decades, we have have been sent back to the Dark Ages, except the broader economy.’’ I wholeheartedly agree made attempts and have always failed. for the request of the Bush Administration to with this independent assessment. This time we have succeeded. establish the $700 billion Troubled Asset Re- In sum, the conference agreement on H.R. Mr. Speaker, without reservation, I lief Program to prop up our country’s teetering 4173 represents an historic achievement. By recommend to my colleagues a vote of financial system. addressing the problem of too big to fail, this ‘‘yes’’ on this bill. Those terrifying months in late 2008 con- legislation will lead to a new era of American INTRODUCTION vinced me that the Federal government need- prosperity and financial stability for decades to Mr. Speaker, after nearly two years of study, ed to play a far more vigorous role in policing come. For this reason alone, this bill deserves discussion, hearings, and intense legislative the activities of the major financial players in to become law.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00033 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12432 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 INVESTOR PROTECTION AND SECURITIES REFORMS seeking dispute settlement, too. In particular, hold securities fraudsters accountable and bet- As the House developed this legislation, I pre-dispute mandatory arbitration clauses in- ter protect investors. For example, the SEC played a key role in drafting the title con- serted into contracts have limited the ability of will have the authority to impose collateral cerning investor protection and securities re- defrauded investors to seek redress. Broker- bars on individuals in order to prevent wrong- form. The Administration’s proposal and the age firms contend that arbitration is fair and doers in one sector of the securities industry Senate’s bill contained some important im- efficient as a dispute resolution mechanism. from entering another sector. The SEC will provements, but the initial House plan had Critics of mandatory arbitration clauses, how- also gain the ability to make nationwide serv- many, many more. I am pleased that the final ever, maintain that the brokerage firms hold ice of process available in civil actions filed in package more closely resembles the initial powerful advantages over investors and hide Federal courts, consistent with its powers in House legislation rather than the original Ad- mandatory arbitration clauses in dense con- administrative proceedings. ministration and Senate plans. tract language. The bill further facilitates the ability of the Among its chief reforms in the area of inves- If arbitration truly offers investors the oppor- SEC to bring actions against those individuals tor protection, the conference agreement pro- tunity to efficiently and fairly settle disputes, who aid and abet securities fraud. The Securi- vides that the SEC, after it conducts a study, then investors will choose that option. But in- ties Exchange Act of 1934 and the Investment may issue new rules establishing that every fi- vestors should also have the choice to pursue Advisers Act of 1940 presently permit the SEC nancial intermediary who provides personal- remedies in court, should they view that option to bring actions for aiding and abetting viola- ized investment advice to retail customers will as superior to arbitration. For these reasons, tions of those statutes in civil enforcement have a fiduciary duty to the investor. A tradi- the final package provides the SEC with the cases, and this bill provides the SEC with the tional fiduciary duty includes an affirmative authority to limit, prohibit or place conditions power to bring similar actions for aiding and duty of care, loyalty and honesty; an affirma- on mandatory arbitration clauses in securities abetting violations of the Securities Act of tive duty to act in good faith; and a duty to act contracts. 1933 and the Investment Company Act of in the best interests of the client. Through this Another significant investor protection pro- 1940. In addition, the bill not only clarifies that harmonized standard of care, both broker- vided in this conference agreement concerns the knowledge requirement to bring a civil aid- dealers and investment advisers will place proxy access. In particular, H.R. 4173 clarifies ing and abetting claim can be satisfied by customers’ interests first. the ability of the SEC to issue rules regarding recklessness, but it also makes clear that the Regulators, practitioners, and investor advo- the nomination by shareholders of individuals Investment Advisers Act of 1940 expressly cates have become increasingly concerned to serve on the boards of public companies. permits the imposition of penalties on those in- that investors are confused by the legal dis- These provisions regarding proxy access will dividuals who aid and abet securities fraud. tinction between broker-dealers and invest- enhance democratic participation in corporate One final investor protection reform that I ment advisers. The two professions currently governance and give investors a greater voice drafted and want to highlight concerns the owe investors different standards of care, in the companies that they own. new authority of the SEC and the Justice De- even though their services and marketing A myriad of problems presently confronts partment to bring civil or criminal law enforce- have become increasingly indistinguishable to the SEC, perhaps none more urgent than the ment proceedings involving transnational se- retail investors. The issuance of new rules will need for adequate resources. Chairman curities frauds. These are securities frauds in fix this long-standing problem. Schapiro and others have repeatedly stressed which not all of the fraudulent conduct occurs Additionally, the legislation adopts rec- the need to increase the funding to ensure within the United States or not all of the ommendations made by SEC Chairman Mary that the agency has the ability to keep pace wrongdoers are located domestically. The bill Schapiro, SEC Inspector General David Kotz, with technological advances in the securities creates a single national standard for pro- and Harry Markopolos, the whistleblower who markets, hire staff with industry expertise, and tecting investors affected by transnational sought for many years to get regulators to fulfill one of its core missions: the protection of frauds by codifying the authority to bring pro- shut down the $65 billion Ponzi scheme per- investors. In response, this agreement slightly ceedings under both the conduct and the ef- petrated by Bernard Madoff. Specifically, the increases the independence of the SEC in the fects tests developed by the courts regardless conference agreement provides the SEC with appropriations process, doubles the authorized of the jurisdiction of the proceedings. the authority to establish an Investor Protec- SEC budgets over 5 years, and creates a new In the case of Morrison v. National Australia tion Fund to pay whistleblowers whose tips reserve fund to support technology improve- Bank, the Supreme Court last week held that lead to successful enforcement actions. The ments and address emergency situations, like section 10(b) of the Exchange Act applies only SEC currently has such authority to com- the flash crash that occurred in May 2010. to transactions in securities listed on United pensate sources in insider trading cases, and Moreover, H.R. 4173 modifies the SEC’s States exchanges and transactions in other the whistleblower provision in this bill would structure by creating a number of new units securities that occur in the United States. In extend the SEC’s power to compensate other and positions, like an Office of the Investor this case, the Court also said that it was ap- tipsters who bring substantial evidence of Advocate, an office to administer the new plying a presumption against extraterritoriality. other securities law violations. whistleblower bounty program, and an Office This bill’s provisions concerning extraterri- The conference agreement also responds to of Credit Ratings. However, the SEC’s sys- toriality, however, are intended to rebut that other problems laid bare by the Madoff fraud. temic failures to effectively police the markets presumption by clearly indicating that Con- These changes include increasing the line of in recent years required Congress to do even gress intends extraterritorial application in credit at the U.S. Treasury from $1 billion to more to shake up the agency’s daily oper- cases brought by the SEC or the Justice De- $2.5 billion to support the work of the Securi- ations. As such, the legislation includes my partment. ties Investor Protection Corporation, SIPC, provision mandating an expeditious, inde- Thus, the purpose of the language of sec- and raising SIPC’s maximum cash advance pendent, comprehensive study of the securi- tion 929P(b) of the bill is to make clear that in amount to $250,000 in order to bring the pro- ties regulatory regime by a high caliber body actions and proceedings brought by the SEC gram in line with the protection provided by with expertise in organizational restructuring to or the Justice Department, the specified provi- the Federal Deposit Insurance Corporation. identify deficiencies and reforms, and ensure sions of the Securities Act, the Exchange Act This bill additionally increases the minimum that the SEC and other regulatory entities put and the Investment Advisers Act may have assessments paid by SIPC members from in place further improvements designed to pro- extraterritorial application, and that extraterri- $150 per year, regardless of the size of the vide superior investor protection. My hope is torial application is appropriate, irrespective of SIPC member, to 2 basis points of a SIPC that this study will ultimately become the whether the securities are traded on a domes- member’s gross revenues. This fix will help to model for reforming other agencies. The final tic exchange or the transactions occur in the ensure that SIPC has the reserves it needs in bill also includes my deadlines generally forc- United States, when the conduct within the the future to meet its obligations. Finally, in re- ing the SEC to complete enforcement, compli- United States is significant or when conduct sponse to the Madoff fraud, the final product ance examinations, and inspections within 180 outside the United States has a foreseeable includes my legislation to allow the Public days, with some limited exemptions for com- substantial effect within the United States. Company Accounting Oversight Board to ex- plex cases. OTHER REASONS TO SUPPORT THE CONFERENCE amine the auditors of broker-dealers. The conference agreement on H.R. 4173 REPORT For too long, securities industry practices additionally modifies, enhances and stream- The bill that we are considering today con- have deprived investors of a choice when lines the powers and authorities of the SEC to tains a number of other worthwhile elements

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00034 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12433 that should become law, and I want to high- lenders often impose costly force-placed insur- banes-Oxley Act’s requirement to obtain an light several issues on which I personally ance, even though the homeowner may al- external audit on the effectiveness of internal worked or in which I have a deep, long-stand- ready have a hazard insurance policy. This financial reporting controls. This exemption ing interest. legislation will clarify the procedures for when disregards the significant concerns of inves- First, the bill creates a Federal Insurance a servicer can force place insurance. The bill’s tors—those that provide capital and bear the Office within the Treasury Department. A key bona fide and reasonable cost requirements risk of losing their retirement savings. component of our financial services industry, will also ensure that mortgage servicers shop External audits of internal control compli- insurance is too often misunderstood or left around for the best rates for the force-placed ance costs have dramatically decreased in re- behind in decisions made by the Federal gov- insurance that they impose. Moreover, the cent years. The stock prices of those compa- ernment. As a result, I have long worked on bill’s force-placed insurance reforms will en- nies that have complied with this law have sig- the creation of this new office that will effec- sure that consumers who are erroneously nificantly outperformed the stock prices of tively monitor this industry sector for potential billed for such premiums will have the monies those that have not complied. Additionally, evi- risks going forward. As a result of this new of- refunded within 15 business days. dence suggests that 60 percent of all financial fice, the United States will for the first time Additionally, the bill’s appraisal reforms will restatements have occurred at companies that speak with a uniform voice on insurance mat- update Federal appraisal laws for the first time will never be required to comply with the law’s ters on the international stage and have the in a generation. We now know that inflated ap- external audit requirements. authority to stand behind its words. I am there- praisals and appraiser coercion and collusion Together, these facts certainly suggest that fore pleased that the Federal Insurance Office contributed greatly to the creation of the hous- the Sarbanes-Oxley exemption provision has is finally becoming law. ing bubble. We must respond by putting in no place in a reform bill that is supposed to Second, I have worked diligently on the title place a strong national appraisal independ- strengthen investor protections. Moreover, I concerning the registration of hedge fund ence standard that applies to all loans. We am worried about the investors at the more managers and private equity fund advisers. To must also comprehensively reform the ap- than 5,000 public companies now exempted promote market integrity, we need those indi- praisal regulatory system. This bill does both who may one day wake up to discover their viduals who handle large sums of money and things. hard earned savings pilfered by corporate ac- Fifth, I am extremely pleased that this bill assets to register with the SEC and provide in- counting misdeeds as was the case in Enron, provides $1 billion for a national program to formation about their trades and portfolios. WorldCom, and Tyco. offer emergency bridge loans to help unem- While I remain concerned about the registra- As previously mentioned, I have additional ployed workers with reasonable prospects for tion exemptions put in place by others during worries about the exemptions granted to the reemployment to keep their homes. This new the legislative process, I believe that these re- registration of private fund advisers. There are national initiative is based on Pennsylvania’s many other types of exemptions embedded forms are necessary to improve the quality of successful Homeowners’ Emergency Mort- throughout this bill, including exemptions in regulation and protect against systemic risk. gage Assistance Program, HEMAP. Since While hedge funds may not have directly the derivatives title and in the powers of the 1983, HEMAP has saved 43,000 homes from caused this latest financial crisis, we do know new Consumer Financial Protection Bureau. foreclosure by helping to cover mortgage pay- While I hope that regulators and the entities that these investment vehicles have previously ments until homeowners find new jobs. With that they regulate will prudently apply these contributed to significant market instability, as unemployment rates still unacceptably too was the case in the collapse of Long-Telin high and far too many homeowners experi- exemptions, I have apprehensions that in the Capital Management in 1998. Thus, this re- encing problems in paying their mortgages long term the exemptions will swallow the form is an important step in understanding and through no fault of their own, the time has rules. We must remain vigilant against such controlling systemic risk. come to replicate HEMAP at the national level. an outcome. Third, this legislation greatly increases the Finally, the lack of regulation of the over- Similarly, the success of this landmark re- accountability of credit rating agencies. The the-counter derivatives market has been a se- form effort will ultimately depend on the indi- overly optimistic assessments by Moody’s, rious concern of mine for many years. In viduals who become the regulators. The key Fitch, and Standard and Poor’s about the 1994, for example, I introduced a bill to regu- lesson of the last decade is that financial regu- quality of structured financial products con- late derivatives and other complex financial in- lators must use their powers, rather than cod- structed out of garbage aided and abetted the struments. This conference agreement finally dle industry interests. In this regard, I hope financial crisis. By imposing structural, regu- addresses the utter lack of regulation in this that regulators will judiciously use the new latory, and liability reforms on rating agencies, enormous market by mandating the clearing of powers that I have drafted regarding the break this agreement will change the way nationally most derivative contracts on exchanges so up of too-big-to-fail firms. If just one regulator recognized statistical rating organizations be- that we have more transparency. For those uses these extraordinary powers just once, it have and ensure that they effectively perform derivatives that are not cleared, the bill’s re- will send a powerful message to industry and their functions as market gatekeepers going porting and disclosure requirements ensure significantly reform how all financial services forward. that information on the transaction is main- firms behave forever more. Fourth, I am very pleased that this agree- tained. Additionally, I continue to have apprehen- ment will modify escrowing procedures, mort- LONG-TERM CONCERNS sions about the interchange provisions in- gage servicing, and appraisal activities. I A sweeping, industry-wide regulatory reform serted into this legislation by the Senate. This began working 9 years ago on these issues bill like this one rarely comes along. As has issue, without question, would have benefitted after identifying predatory practices, faulty ap- been the case after the enactment of other from additional time and study. I am hopeful praisals, and other problems in the Poconos overhaul bills, we can expect problems to that we got the balance right and that these housing markets. These reforms are long manifest themselves and unintended con- new limitations do not ultimately impair the overdue. sequences to occur. performance of credit unions and community Among other things, these new mortgage While this bill incorporates the major goals banks. If necessary, I stand ready to change lending standards will include a requirement of the Volcker rule, I had hoped for an even the new law in this area. that all borrowers with higher-cost mortgages stronger version. Unfortunately, the ban on in- There are several other lingering concerns have an escrow account established in order vestments in or sponsorship of hedge funds that I have about this bill, as well. For exam- to pay for property taxes and homeowners’ in- and private equity is not as robust as I would ple, it grants the Federal Reserve far more surance. Studies have shown that at the have liked. The Volcker rule could have been new powers than I would have liked. The bill height of the crisis, borrowers with higher-cost stronger had the conferees accepted my also sets a very high bar of a two-thirds super- mortgages were substantially less likely than amendment to provide for a de minimis ex- majority vote of the Financial Stability Over- borrowers with good credit records to have an emption of tangible common equity, as op- sight Council to take action under my too-big- escrow account. Borrowers with less than per- posed to Tier 1 capital, and a dollar cap on to-fail amendment. There is some wisdom in fect credit records, however, need more help the investment. This amendment would have this requirement, but if too many individuals in budgeting for these sizable expenses. This tightened the bill and better protected our fi- with an anti-regulatory bias serve on the bill fixes this problem. nancial markets from systemic risk. Council they will neglect to use the powers Title XIV of the bill also has reforms with re- Regrettably, the legislation also permanently that Congress gave them in order to protect spect to force-placed insurance. Predatory exempts small public companies from the Sar- our financial system.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00035 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12434 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Finally, our work today is only a beginning, Mr. Speaker, I rise in opposition to that says ‘‘yes’’ to traditional bank- not an end. Going forward, Congress needs to the conference report for H.R. 4173, the ruptcy and ‘‘no’’ to bailouts, because attentively watch our changing financial mar- so-called ‘‘Restoring American Finan- we’re here to protect taxpayers and not ketplace and carefully monitor our regulators cial Stability Act.’’ We’re used to cre- Wall Street. This bill fails in that re- in order to protect against systemic risk, fore- ative titles around here, but I’ve got to gard. I urge it be rejected and let’s stall potential abuses of corporate power, tell you, during a time of extraor- start over with legislation that’s built safeguard taxpayers, and defend the interests dinary economic duress, millions of on American ideals. of consumers and investors. Moreover, the Americans unemployed, failed eco- Mr. FRANK of Massachusetts. I now United States must continue to encourage its nomic policies, it is darkly ironic that yield 3 minutes to one of the leaders in a bill that will do anything but restore allies abroad to adopt strong financial services fashioning protection for consumers, financial stability is named for that regulatory reforms so that we will have a the gentlewoman from New York (Mrs. strong, unified global financial system. purpose. MALONEY). Although we may be completing our work The truth of the matter is, when you on this bill, it is important for us to remain vigi- look at this legislation, it’s proof posi- Mrs. MALONEY. Thank you, Chair- lant in each of the areas about which I have tive again that this majority just man FRANK, for yielding, for your lead- raised concerns. I, for one, plan to continue to doesn’t get it. The American people are ership, and for presiding over the most closely monitor and carefully examine each of not looking at Washington, D.C., and open and transparent conference proc- these matters. clamoring for more spending, more ess in the history of this Congress. CLOSING taxes, and more bailouts. They’re look- The Dodd-Frank bill is landmark leg- Before closing, Mr. Speaker, I wish to con- ing at Washington, D.C., and saying, islation which will protect consumers gratulate the gentleman from Massachusetts, When are you going to focus on cre- and investors while allowing our finan- Financial Services Committee Chairman BAR- ating jobs? When are you going to set cial services industry to continue fi- NEY FRANK, for his outstanding leadership in partisan differences aside, power grabs, nancing the creativity and innovation guiding this extremely complex bill through the and Big Government agendas aside to which has, even in these very difficult legislative process. This conference marks the do something to put Americans back to times, made the American economy culmination of a long, thoughtful series of work? the envy of the world. This bill restores hearings, markups, floor debates, and con- Under the guise of financial reform, safety and soundness, reduces the like- ference negotiations. Chairman FRANK per- Democrats today are pushing yet an- lihood of another systemic crisis, re- formed exceptionally at every stage of the other bill that will kill jobs, raise stores faith and confidence in our insti- taxes, and make bailouts permanent. process, and his name deserves to be at- tutions and markets, while safe- Let me say that again. This legislation tached to this landmark agreement. Senate guarding Americans from predatory, will kill jobs by restricting access to Banking Committee Chairman CHRISTOPHER unfair, and deceptive practices. DODD deserves similar praise for his hard credit, it will kill jobs by raising taxes work. This is why I offered the amendment in on those that would provide loans and I have made it a mission throughout conference to name this law the Dodd-Frank opportunity to small business owners my career to help put consumers on an Wall Street Reform and Consumer Protection and family farmers, and it makes the equal footing with their financial insti- Act. bad ideas of the Wall Street bailout tutions through laws like the Credit Additionally, I want to counter the comments permanent. Card Act. And today, we can take a of those who have myopically criticized this Free market economics depends on huge step forward toward a more level package because it does not abolish Fannie the careful application of a set of playing field with the creation of the Mae and Freddie Mac. By reforming the ideals—traditional American ideals Consumer Financial Protection Bu- securitization process, risk retention require- and principles. Chief among them is reau. ments, and rating agency accountability, this the notion that the freedom to succeed For far too long in our financial sys- bill lays the foundation for our upcoming work must include the freedom to fail. Per- tem and its products, any concerns to address the future of these two institutions sonal responsibility is at the very cen- about consumer protection came in a and, more broadly, the entire housing finance ter of the American experiment from distant second or a third or none at all. system. The reform of Fannie Mae, Freddie an economic standpoint. It is that cen- Now, anyone who opens a checking or Mac, and the housing finance system is the ter from which we have become not savings account, anyone who takes out next big legislative mountain that the Financial only the freest, but the most pros- a student loan or a mortgage, anyone Services Committee must climb, and when the perous Nation in the history of the who opens a credit card or takes out a Congress returns after Independence Day, I world. payday loan will have a Federal agency As my colleagues on the other side of will convene additional hearings to advance on their side to protect them. For the the aisle know, I vigorously opposed work on legislation to achieve this objective. first time, consumer protection author- the Wall Street bailout because I Mr. Speaker, while I may have some lin- ity will be housed in one place. It will thought it departed from that funda- gering doubts about this legislative package, it be completely independent, with an mental principle of personal responsi- is overall a very good agreement. In short, the independently appointed director, an bility and limited government. And I conference report represents a reasoned, mid- independent budget, and an autono- rise today to vigorously oppose this dle ground that strikes an appropriate balance mous rulemaking authority. And, very legislation that takes the bad ideas of and does what we need it to do. It ends the importantly, it will have a seat at the the Wall Street bailout and makes problem of too-big-to-fail financial institutions, table at the Financial Stability Over- effectively regulates the derivatives products them permanent. This legislation codifies the notion of sight Council. Continuity and over- which some have referred to as financial sight of our financial system will con- weapons of mass destruction, and it greatly too big to fail, a policy and an ap- proach the American people have sider not only safety and soundness but strengthens investor protections. It also regu- also the best interests of the American lates many more actors in our financial mar- roundly rejected. It will give govern- ment bureaucrats more power to pick consumer, the American taxpayer, the kets, establishes a Federal resource center on American citizen. insurance issues, and holds rating agencies winners and losers. When a financial accountable for their actions. In sum, Mr. firm is failing, the Treasury Secretary I am particularly pleased that two Speaker, I support this bill and urge my col- and the FDIC will actually have the items that I offered were included that leagues to vote for it. authority to take taxpayer dollars and will give consumers direct access to Mr. BACHUS. At this time I yield 3 decide which creditors to pay back and the CFPB through a consumer hotline minutes to the gentleman from Indiana how and when they’ll get paid. and consumer ombudsperson. The bill (Mr. PENCE). The American people don’t want also addresses the challenge of inter- Mr. PENCE. I thank the gentleman Washington, D.C., in that business. change fees. Working with Senator for yielding. They want a refereed private sector DURBIN and Representative MEEKS, we

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12435 were able to craft a balanced com- the way so that small businesses can sis? The answer to that question is promise that addressed both the con- begin to innovate and expand. We need clearly ‘‘no.’’ More oppressive job-kill- cerns of merchants about high inter- to provide a regulatory framework that ing regulation isn’t the answer. What change fees and the concerns of the fi- provides community banks and small we need is flexible and accountable and nancial sector to be fairly compensated businesses the ability to make their nimble regulation. This bill does not do for their services. This bill ensures own financial decisions. it. transparency, establishes account- Mr. Speaker, we cannot continue to What will it do? It will ensure bail- ability, and protects consumers and in- break our promise to the American outs. It puts bailouts in place forever. vestors. people. The future of this great Nation It doesn’t address Fannie and Freddie, America has long been the world and that of its sons and daughters de- at the epicenter of the problem. It leader in financial services. With this pends on the actions we take here doesn’t address it at all. It kills Amer- landmark bill, we can set an example today. And I can only conclude that ican jobs with oppressive regulation, and take the lead in global financial this legislation will prolong this reces- and it will decrease the availability of reform. I urge a ‘‘yes’’ vote. sion and lead us further down the road credit and increase the cost of credit to Mr. BACHUS. At this time, Mr. of high deficit and greater debt. I urge all the American people. And that’s Speaker, I yield 2 minutes to the rank- a ‘‘no’’ vote on this bill. even more angering to Americans be- ing member of the Subcommittee on Mr. FRANK of Massachusetts. I yield cause they know that there are posi- International Monetary Policy and 1 minute to the gentleman from Geor- tive solutions. Trade, the gentleman from California gia (Mr. BARROW). H.R. 3310 is the bill that we put for- (Mr. GARY G. MILLER). Mr. BARROW. Mr. Speaker, I rise in ward nearly a year ago now that would b 1610 support of H.R. 4173, the Wall Street make certain that we address the issue Mr. GARY G. MILLER of California. Reform and Consumer Protection Act, of regulatory reform in a positive way Mr. Speaker, I rise today in opposition because I believe this bill takes posi- that makes it more flexible and nim- to this bill. This country is going tive steps to protect us from the risky ble, that addresses the issue of Fannie through a period of great economic dis- and abusive behavior that took our and Freddie, actually solves the chal- tress; and ultimately, this bill would country to the verge of financial ruin. lenge that got us into this crisis in the only serve to heighten uncertainty in I voted against the bank bailout bill first place, and makes certain that we the marketplace, restrict access to because there wasn’t enough account- end bailouts. The American people are credit, and place more and more undue ability for how that money was going sick and tired of bailouts. That bill, burdens on the backs of American to be used. It also didn’t get at the root Mr. Speaker, will ensure that bailouts small businesses. of the problem. This legislation gets at continue. The American people are urg- This bill eliminates consumer op- the root of the problem by protecting ing us to vote ‘‘no’’ on this bill. tions in housing markets. This bill in- consumers from abusive and predatory Mr. FRANK of Massachusetts. I yield cludes language that alters ways con- financial practices. It also gets banks 2 minutes to the gentleman from New sumers choose to pay their mortgage back in the business of making good York (Mr. MEEKS), a very important origination fees. Currently, consumers loans instead of gambling with our member of the committee who was have the choice to pay origination fees money. I look forward to passage of helpful in forging some of the pieces of up front, partially finance costs this legislation, and I urge my col- this. through the rate, or some combination leagues to lend their support as well. Mr. MEEKS of New York. I thank the of the two. This bill eliminates the Mr. BACHUS. Mr. Speaker, at this chairman for yielding. consumer’s ability to partially pay up time I yield 2 minutes to the gen- Today is truly a historic day largely front and partially finance costs tleman from Georgia (Mr. PRICE), the because of the great, magnificent job of through the rate, ultimately leading to chairman of the Republican Study our chairman, BARNEY FRANK, who we higher costs and fewer options avail- Committee. are so proud of. Very few people could able to home buyers. Mr. PRICE of Georgia. Mr. Speaker, have marshaled this bill in the way This bill favors the Federal Govern- look, this ought to sound pretty famil- that he did. And because of him and ment over the private market. This bill iar. Here’s just part of this bill, an- that leadership, today we end too big places several new onerous restrictions other 2,000-page monstrosity. Look at to fail. We implement unprecedented on private community banks and then it, Mr. Speaker. It’s down there held consumer protections, and we issue explicitly exempts the Federal Govern- together by rubber bands. It is called rules that will prevent taxpayers from ment from these same restrictions. The the Dodd-Frank Wall Street reform footing the bill for the irresponsible be- effect of these new restrictions is that bill. Senator DODD even said about it, havior of others while still—because consumers will be steered toward the ‘‘No one will know until this is actu- I’m a New Yorker—maintain New government when seeking financing ally in place how it works.’’ That’s no York’s standing as the world’s finan- options and encouraging a greater way to do business. cial capital. takeover of the economy by the Fed- The fundamental assumption of this As Chairman FRANK is fond of noting, eral Government. bill is that since the smart people regu- this bill has death panels for the This bill once again breaks our prom- lating banks let us down, we should greedy financial institutions. If you are ise to the American people that excess just hire really, really smart people to an institution that is causing systemic TARP funds would go to pay down the prevent it from happening again. That risk, this bill allows regulators to re- debt and deficit. When this body en- assumption is not only false, it’s dan- solve you and dissolve you without re- acted TARP in an effort to stave off a gerous. When the government picks course to any taxpayer money. I re- total economic collapse, we promised winners and losers, the Nation loses. If peat. Let me emphasize, taxpayers will that any return the Federal Govern- my colleagues on the other side of the bear no cost for liquidating risky inter- ment made from the taxpayers’ invest- aisle believe that the same regulators connected financial firms. ment into the financial sector of this who failed to see the housing crisis are This bill includes strong investor economy would go directly to paying now going to see the next crisis thanks protections and transparency mecha- down the deficit and the national debt, to heavy-handed government regula- nisms. Through the use of stress tests, currently over $13 trillion. Instead, this tion, then the American people would which Representative DENNIS MOORE bill breaks that promise by taking re- say to the Democrats in charge that and I advocated for and the results of maining TARP funds and using them they put too much faith in the power of which will be published, it will increase to pay for the Federal takeover of the Washington to see the future. transparency for investors and increase economy. The fundamental question we’ve got the amount of information available What we should do instead, we need to answer is, If this law were in place for investors to make wise decisions to get the Federal Government out of in 2008, would it have prevented the cri- with their hard-earned savings.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12436 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Most importantly for my constitu- ment. First, it was the $787 billion This bill brings us toward a more ents, this bill establishes a Consumer stimulus that failed to keep unemploy- thoughtful regulatory regime that will Financial Protection Bureau to police ment down, then a national energy tax, ensure the stability of our economic lenders to ensure that the predatory then a $1 trillion government takeover system. And that’s what this is all lending that Mr. WATT was talking of health care, and now another expan- about. It’s not about raising revenue. about that ensnared so many sion of government that will raise It’s not about killing anything. unsuspecting Americans will be halted. costs for consumers and small busi- My district has a very vibrant finan- Led by an independent director, this of- nesses. cial sector and we want to keep it that fice will be able to act swiftly so con- Well, Mr. Speaker, Republicans of- way, but I also want be to make sure sumers will not need to wait for an act fered an alternative to this report that that it’s stable. That’s more important of Congress for years and years and would have ended bailouts, would have than anything else. This bill accom- years to receive protection from un- addressed too big to fail and the fail- plishes that, and that’s why we should scrupulous behavior. ures of Fannie Mae and Freddie Mac; support it. As to interchange, we have placed ex- but that was rejected. Congress needs Mr. BACHUS. I yield 2 minutes to the plicit language in the bill to prohibit to be focusing on pro-small business gentleman from Florida (Mr. PUTNAM). intrabrand price discriminations which policies, policies that make it easier Mr. PUTNAM. Mr. Speaker, I rise in would have put credit unions and com- for banks to lend to job creators that opposition to the Frank-Dodd bill that munity banks at a disadvantage. To are at the heart of our communities, would not reform Wall Street but, in- address the concerns to the State job creators that are at the heart of stead, create a permanent taxpayer treasurers and prepaid card providers what we all want, a job-filled recovery backstop and fail to provide consumer for the underbanked, we explicitly ex- instead of a jobless recovery. Unfortu- protection and doesn’t prevent a future empt them from interchange fee regu- nately, this conference report will do crisis. lation. And finally, by fixing concerns none of these things, and I urge a ‘‘no’’ The permanent bailout would ensure the Federal Government had, we poten- vote. that the Federal Government, through the FDIC and the Treasury, maintains tially save the taxpayer $40 million per b 1620 year, according to Treasury estimates. the ability to use taxpayer funds to The SPEAKER pro tempore. The Mr. FRANK of Massachusetts. Mr. bail out financial institutions deemed time of the gentleman has expired. Speaker, I yield 2 minutes to my col- too big to fail. That may be what’s im- Mr. FRANK of Massachusetts. I yield league from Massachusetts (Mr. CAPU- portant to the D.C. bureaucrats, but to the gentleman an additional 15 sec- ANO), another member of the com- the community banks and credit onds. mittee who has played a major role in unions back home and the commu- Mr. MEEKS of New York. We need this. nities they serve, I can assure you it’s this bill. It is the right bill. Without Mr. CAPUANO. Mr. Speaker, I will not. They’re treated as too small to lending from Wall Street, there could tell you that this bill is one of the best save. be no Main Street. This bill responsibly bills I’ve ever been involved with in the Our community banks, our credit regulates the former to ensure the vi- 12 years I’ve been in Congress. Like unions, our small businesses don’t re- tality of the latter. any bill, it doesn’t give me everything ceive the special treatment accorded to Mr. BACHUS. I yield 2 minutes to the that I want. I don’t think anybody the big guys in this bill. Instead, they gentleman from California (Mr. would say that, including Mr. FRANK. go through the bankruptcy process. MCCARTHY). But it is a bill that moves us back to- Why the double standard? Why the Mr. MCCARTHY of California. I wards thoughtful oversight of the fi- double standard for our communities? thank the gentleman for yielding. nancial institutions of this country. They didn’t cause Wall Street’s col- Mr. Speaker, I rise today in opposi- For 70 years, from the Glass-Steagall lapse, and yet they’re held to a dif- tion to this conference report. You Act until about the 1980s, 1990s, depend- ferent standard. This is harmful to know, at a time when California has ing what you count, we had the best fi- Main Street’s small businesses. 12.4 percent unemployment, and my nancial institutions, the best financial The legislation creates an Office of district’s even higher at 16.5 in my system in the world. Every other coun- Financial Research to ‘‘monitor, home county of Kern County, my con- try tried to emulate us. record, and report on any financial stituents are asking me, What is being What happened? Slowly but surely, transaction, including consumer trans- done to create jobs? this country, through its Congress and actions,’’ without the consent of the For the folks that have been fol- its President, decided that we wanted consumer. That’s right. Monitor, lowing this debate today, this is just to deregulate everything. Let’s look at record, and report any transaction another example of Washington not lis- nothing, let everything go. What was without your approval. tening to their concerns. Instead of the result of it? A financial meltdown. This new ‘‘Big Brother Bureaucracy’’ policies that promote private sector That was in the economic sector. What will be funded through assessments on job growth, this bill would create more was the result of it in the gulf? An oil financial institutions that trickle down government. This bill before us today spill of ultimate proportions. to consumers through higher fees. Ac- would create a new bureau at the Fed- The concept that government can’t cording to the CBO, ‘‘The cost of the eral Reserve with sweeping authority regulate has been proven wrong time proposed fee would ultimately be borne and a budget to create plenty of new and time again. Nobody argues for to . . . customers, employees, and in- government jobs in Washington, D.C. It overregulation. That’s a fair argument. vestors.’’ also creates a new office of Financial Where is the appropriate line? The legislation welcomes a new research, empowered to collect per- In this case, in the financial institu- ‘‘Washington Knows Best’’ bureau. sonal information about all of our tions case, we went years with loans Housed within the Federal Reserve, the international transactions. This office that nobody knew what the standards credit czar will dictate which financial can actually issue subpoenas to get the were. We went years with credit rating products can and cannot be made avail- information these unelected bureau- agencies giving everybody a AAA rat- able to consumers and will have broad crats want to have about us. ing without having a clue what was be- authority to set sales practices, limit But aside from the personal concerns hind those papers. We went years with products, and mandate compensation. we may have about this, what is being people betting, literally betting with The bureau misses its mark to actually done to help create a private sector our money, our pension fund money protect consumers and will, instead, job? Well, this is not job creation for and other money that we didn’t want create more barriers to consumers’ families in my district. This is just to do, on things that didn’t exist. They ability to obtain credit, to pursue their part of the majority’s continuation of didn’t exist. The result of it was a fi- dreams, to buy a home, to refinance, or an overreach and expansion of govern- nancial meltdown. to expand or save their small business.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12437 This conference report, totaling over have a more difficult time surviving haps most importantly, the establish- 2,300 pages, is bad for small business, the regulatory costs. And most alarm- ment of the Offices of Minority and and I urge its defeat. ing, costs will be passed on to con- Women Inclusion at each of the Fed- Mr. FRANK of Massachusetts. Mr. sumers and businesses in the form of eral financial services agencies. Speaker, I yield 1 minute to the gen- higher prices for credit. We know this These offices would provide for diver- tleman from Pennsylvania (Mr. because last year’s Credit Card Act is sity in the employment, management, FATTAH), who gave us an inspiration already having just that effect. and business activities of these agen- for trying to help unemployed people Before it was passed, Republicans cies. The data for the need for these of- with their mortgages. warned that more government expan- fices speaks for itself. Diversity is Mr. FATTAH. Mr. Speaker, the sion and more Washington proscription lacking in the financial services indus- American people, as always, almost al- would create additional costs borne by try, with the GAO reporting from 1993 ways, get it right. When they wanted the consumer. It was common sense, to 2004 the level of minority participa- to pick a party that would finally rein and sure enough, we were right. In re- tion in the financial services profes- in the abuses of Wall Street, they gave sponse to that legislation, lending sions only increased marginally, from the majority in the House and the Sen- rates were reset higher as credit be- 11 percent to 15.5 percent. We took care ate to the Democrats. And you can came less available. Meanwhile, free of that in this bill. And now we have hear from the other side that they ob- checking accounts are becoming a relic the opportunity to not only give over- viously made the right choice because of the past for all but the wealthiest sight to diversity, but to help these there’s no willingness to deal with bank customers. agencies understand how to do out- some of these challenges from my col- Republicans agree that the financial reach, how to appeal to different com- leagues on the other side. system needs a shake-up to bring munities so that we can get the kind of I want to congratulate Chairman transparency and stability. But the employees that will create the diver- BARNEY FRANK. I met with him over a fact is, Mr. Speaker, this legislation sity to pay attention to all of the needs year ago about some of the challenges does not accomplish this goal. It’s bad of the people of this country. in terms of foreclosures in our country. for private business. It’s bad for fami- In addition, Mr. Speaker, I am In this bill is the result of language lies, and I urge my colleagues to vote pleased to note that this conference re- that I authored which replicated a very ‘‘no’’ before we do any more damage. port includes a provision that I cham- successful program in Pennsylvania Mr. FRANK of Massachusetts. Mr. pioned to allow the SEC to issue rules that we believe will help others Speaker, I yield 4 minutes to the gen- on proxy access, giving the Nation’s throughout the country. tlewoman from California (Ms. pension funds and other long-term in- I want to thank my great colleague WATERS), one of the leaders in housing stitutional investors a say in the gov- from California, Congresswoman and matters of fairness in our com- erning of the companies in which they WATERS, for her efforts to make sure mittee, the chairman of the Housing own stock. that this was fully engaged by the com- Subcommittee. Additionally, I am pleased that this mittee. Ms. WATERS. Mr. Speaker and Mem- bill addresses foreclosures, which have But beyond my proposal that is in- bers, I am pleased and proud to stand single-handedly inflicted tremendous cluded in terms of homeowners assist- here today in support of this most sig- damage on neighborhoods in my dis- ance, in terms of foreclosures, this is a nificant piece of legislation that is be- trict in California and across the coun- very good bill in terms of its regulation fore this House. try. It has long been my position that of Wall Street, in terms of consumer Again, I thank Chairman FRANK for this bill would be incomplete without protection. This House, I urge and en- his leadership, and I’m especially proud directly addressing the needs of Amer- courage that we vote in favor of the that this work of the conference com- ica’s homeowners and neighborhoods. Wall Street reform bill. mittee was done by such a diverse That is why I have fought for an addi- Mr. BACHUS. I yield 2 minutes to the group on this side of the aisle. I’m es- tional $1 billion in funds for the Neigh- gentleman from Virginia (Mr. CANTOR), pecially proud that members of the borhood Stabilization Program, a pro- the Republican whip. conference committee included not gram whose authorizing legislation I Mr. CANTOR. I rise in opposition to only women, but African Americans wrote in 2008. And it is helping neigh- this conference report. and Latinos and Anglos. It was truly borhoods all across this country that Mr. Speaker, the flow of credit and diverse, and you can see that work re- have foreclosed properties and rundown capital throughout the financial sys- flected in what came out of the con- properties that are driving down the tem is the building block of American ference report. price of other homes in that commu- prosperity. It has enabled entre- nity. Now we can rehabilitate those b 1630 preneurs to pursue their ideas. It has properties and keep the values up of enabled people to balance their budg- For example, the CBC members of the homes in the neighborhood. ets, to achieve a better standard of liv- the Financial Services Committee I am also pleased that an additional ing. But when businesses and families worked on a number of these issues $1 billion in emergency assistance for cannot access capital from banks, con- over the past several years, and we unemployed homeowners was included sumers don’t spend, small businesses came up with those things that had in this bill. Reports indicate that 60 hunker down, and investment dries up. been brought to our attention year in percent of individuals seeking help in The economy simply can’t grow jobs. and year out that are finally paid at- avoiding foreclosures are doing so be- This legislation is a clear attack on tention to in the conference report. cause they are unemployed. capital formation in America. It pur- The Federal Insurance Office, we will The SPEAKER pro tempore. The ports to prevent the next financial cri- be asking them to gather information time of the gentlewoman has expired. sis, but it does so by vastly expanding about the ability of minorities and low- Mr. FRANK of Massachusetts. I yield the power of the same regulators who income persons to access affordable in- the gentlewoman 1 additional minute. failed to stop the last one. surance products. To give consider- Ms. WATERS. I thank the chairman. Dodd-Frank is the product of a tired ation and mitigation of the impact of This funding will provide a critical and discredited philosophy. It’s the no- winding down a systemically risky in- bridge for homeowners during periods tion that you can solve a problem by stitution on minorities and low-income of joblessness, and allow them to main- reflexively piling vast new layers of bu- communities. The expansion of the tain stable housing for their children. reaucracy, regulatory costs, and taxes Consumer Financial Protection Bu- This $2 billion, combined with an addi- on it. And who’ll pay the price? It reau’s advisory board to include ex- tional $6 billion I have secured for NSP won’t merely be the big banks who the perts in civil rights, community devel- through two rounds of funding, is an- bill’s supporters rail against. Smaller, opment, communities impacted by other step toward addressing the fore- less-leveraged community banks will high-priced loans, and others. And per- closure crisis. But more needs to be

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12438 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 done. That is why I am pleased that loan and then cut it into thousands of federally insured financial institutions the Treasury has committed to pro- pieces, spread it around the world, and actively choose alternative sources and viding another $2 billion for unem- hope that somebody can have con- lenders to meet their emergency and ployed homeowners in addition to the fidence in the document when things short-term credit needs. amounts provided under this bill. And start going wrong. b 1640 that is why I will continue to fight for Technology transparency is the most both additional funding and for loss important thing missing from this bill. These alternative sources and lenders mitigation legislation, which would I hope to work with the majority and often offer convenient and less expen- make it mandatory for banks to offer the minority to bring that in the com- sive products and services than the real sustainable loan modification of- ing days. I don’t do it for my com- banks where these consumers have re- fers. mittee. I do it because the next time lationships. Chairman FRANK, thank you for your there is a hiccup anywhere in the Further, as the demands for short- assistance, thank you for your support, world, even if that’s simply a massive term, small-dollar loans continues to thank you for your leadership. I am power outage leading to a confidence increase as a result of the current eco- proud to be a part of this Congress, so loss, we need to have the ability for nomic environment, nontraditional proud to have been a part of the con- regulators with confidence to say we lenders have filled the void left by ference committee. And I think we are have transparency, we know what mainstream financial institutions in doing all Americans justice in this bill these assets are worth, and we can as- many of our Nation’s underbanked as we pay attention to needs that have sure them. communities. been so long overlooked. This bill does do a few good things, Mr. Chairman, I have a longer state- Mr. BACHUS. Mr. Speaker, at this and I would be remiss if I didn’t men- ment, and with your permission would time I yield 4 minutes to the gen- tion that the ability for banks to trust skip to the clause that I think is par- tleman from California (Mr. ISSA), the each other in financial transfers of ticularly important and include my ranking member of Oversight and Gov- non-interest-bearing large amounts is full statement in the RECORD in the in- ernment Reform. in no small part something that will terest of time. Mr. ISSA. Mr. Speaker, others will keep the market going if otherwise Rather, I feel that the financial serv- rise and they will talk about the under- there is a lack of confidence in the ices should be well-balanced and car- lying bill. Although I was on the con- bank. ried out in a manner that encourages ference committee, and for 2 weeks I do object to the way this bill is paid consumer choice, market competitions, Chairman FRANK, Ranking Member for. I believe that it was inappropriate. and strong protections. It is my sincere BACHUS and the rest of us were to- And unfortunately, people at the con- hope that this legislation is designed to gether, I do not claim and will not ference were not willing to consider a carefully and fairly police the financial claim to be an expert on all the things real pay-for, not even a real rollback in services industry treating similar prod- that led to the financial meltdown or unexpended funds that would otherwise ucts in the short-term credit market all the things which will preclude the be available. equally while encouraging lending next. Mr. Speaker, this bill is done. We practices that are fair to consumers. I do rise to oppose the Dodd-Frank cannot look to what this will or won’t Is this the intent? bill, and I do so because I don’t believe Mr. FRANK of Massachusetts. If the that it will preclude another meltdown do. We have to look to the future. Will we do a better job in data management, gentleman would yield, first, let me and another crisis. I don’t do that be- say that anybody who asks has my per- cause I am an expert on the financial in transparency, in creating the tools that would allow the financial over- mission to skip any statement. That is system. I am not. The people I served an example I am going to try to follow with on conference, many of them are. sight board and the financial industry myself sometimes. I am not concerned that the process regulators to do the job the next time Beyond that, I completely agree with was not open. I think Chairman FRANK that they didn’t do the last time? the gentleman. allowed us an unusually great amount Mr. Speaker, I do not have high con- The SPEAKER pro tempore. The of time to be heard. But I am dis- fidence that it will be done. I have high time of the gentleman has expired. appointed that at the end of the day so confidence that this body will work to- Mr. FRANK of Massachusetts. I yield many things were left out. gether to produce a bill, send it to the an additional 15 seconds to the gen- I appreciate Chairman FRANK’s offer- other body, and try, try to get them to ing for a separate bill to make up for understand that data transparency is tleman. the fact that the transparency and essential if we are not going to have Mr. HASTINGS of Florida. I yield to data issues that I worked for 2 weeks another meltdown. the chairman. to put in this bill, because they were Mr. FRANK of Massachusetts. I yield Mr. FRANK of Massachusetts. We do rejected by the Senate, we will have to 2 minutes to the gentleman from Flor- want to make sure it’s an informed send them again and hope that the ida (Mr. HASTINGS). choice, and we’re going to work on fi- Senate is more benevolent when we Mr. HASTINGS of Florida. Chairman nancial literacy. But, no, it is not our simply ask these agencies to have data FRANK, I first want to commend you on intention to deny anybody that choice. standards that allow for the kinds of an extraordinary effort and your dedi- Mr. HASTINGS of Florida. Thank transparency among the regulators cated leadership in bringing this bill to you very much, Mr. Chairman, and I that will in fact see reckless behavior the floor. I look forward to supporting really commend you for your efforts to ahead of time, or at least allow us to this legislation. pass meaningful financial regulation know the underlying value of assets Before that, however, I would like to reform in this Congress. I deeply thank when the markets begin to melt. clarify a few points as they pertain to you. The reckless behavior that led to the the intent of the bill. It’s my under- Mr. BACHUS. Mr. Speaker, at this meltdown will be debated for years, but standing that certain provisions which time I yield 3 minutes to the gen- the absence of transparency at the are intended to improve access to tleman from Texas (Mr. PAUL), the time of the meltdown, an inability for mainstream financial institutions are ranking member of the Domestic Mon- our regulators, our banks, or anyone not intended to further limit access to etary Policy Committee. else to actually tell us what the under- credit and other financial services to Mr. PAUL. I thank the gentleman lying value of various assets were, were the very consumers who are already from Alabama for yielding. in no small part the result of arcane underserved by traditional banking in- Mr. Speaker, I rise in opposition to systems that underlie these very mod- stitutions. this piece of legislation. I’m afraid it is ern instruments. As you know, each year over 20 mil- not going to do much to solve our prob- You cannot have paper copies sitting lion working American families with lems. I know it’s very well intended, in banks to tell you the details about a depository account relationships at and it’s believed that more regulations

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They even opposed an system. man of the Financial Institution Sub- amendment in the conference to in- I had made an attempt to emphasize committee and has done a great deal of crease the FDIC insurance to help pro- this point by talking about a full audit work to improve our financial situa- tect people’s hard-earned deposits of the Federal Reserve, and fortunately tion through this bill. along with community banks and small this House was strongly in support of Mr. GUTIERREZ. Chairman FRANK, I businesses. this piece of legislation. There are 320 want to commend you, first of all, for So let’s be clear. Combine this re- cosponsors of this bill. It passed rather your hard work in getting this legisla- fusal to guarantee that the banks pay easily on the Financial Services Com- tion through Congress and your dedica- to clean up any future messes that mittee, and then it was put into the tion to reforming our financial system. they make with open opposition to this House version of this reform package. The legislation we have before us legislation and it is obvious where the But it was removed in conference. takes a multi-pronged approach to end- line has been drawn by Republicans. If Although there is some attention ing the problem of ‘‘too big to fail’’ by it helps Wall Street banks, they favor given to getting more information giving regulators the tools, only when it; but if it helps Main Street and reg- from the Fed, it truly doesn’t serve as it is necessary, to decrease the size of ular Americans, they won’t vote for it, a full audit. If we don’t eventually ad- financial institutions, limit their risky and we don’t think they will today. dress the Federal Reserve in depth, we behaviors, and wind down systemically Mr. Speaker, I won’t hold my breath will never fully understand how finan- significant firms if they threaten the for any Republican support of this his- cial bubbles are formed and why more health of our financial system. toric legislation. But I do urge all of regulations tend to fail. If the financial The most direct way to end ‘‘too big our Members to support this vital bill. markets were pleased with what we’re to fail’’ is to stop firms from growing Mr. BACHUS. I yield myself 15 sec- doing here today and the discussion of too big in the first place. To limit their onds. the last several weeks, they wouldn’t size and complexity, this legislation Mr. Speaker, I don’t think you would be reeling as they are at this very mo- would impose increasingly strict rules go to a funeral home and lend the ment. on capital levels and leverage ratios So I would say that we should be very corpse money. So I don’t know why you which would limit a firm’s risky behav- would lend money to a failing firm. cautious in expanding the role of the ior and diminish its potential threat to regulatory agencies, which does not You ought to just go ahead and put the stability of our financial system. them in bankruptcy like we want to solve the problem. At the same time, By implementing a strong Volcker rule giving more power to the Federal Re- do. and limiting proprietary trading by in- Mr. Speaker, at this time I yield 3 serve doesn’t make much sense if the sured depository institutions, we mini- theory is right that the Federal Re- minutes to the gentlelady from Illinois mize a bank’s ability to use subsidized serve is the source of much of our prob- who’s the chairman of the Financial funds for risky trading practices. Services Oversight Committee (Mrs. lems. Additionally, the Dodd-Frank bill Now, some objected to the trans- BIGGERT). will create a financial stability over- parency bill of the Federal Reserve and sight council that will be able to force said that that was too much informa- b 1650 a company, as a last resort, to divest tion, that the Federal Reserve had to Mrs. BIGGERT. I thank the gen- be totally independent. The Federal some of its holdings and shrink its size if the council determines it poses a risk tleman for yielding. Reserve Transparency Act doesn’t do Mr. Speaker, I rise in opposition to anything about removing trans- to the stability of the financial system. this conference report and the bill. parency. It doesn’t change monetary It has tools. In the fall of 2008, our entire financial policy. It just says that the American The most important part of this leg- system and economy were on the verge people and the Congress have a right to islation that will help to end ‘‘too big of collapse. The $750 billion TARP pro- know what they do. to fail’’ is the resolution authority we After the crisis hit, the Federal Re- create to safely wind down a failed sig- gram was hastily proposed. I, for one, serve injected $1.7 trillion and guaran- nificant firm and to prevent any fur- would never have backed it were it not teed many more trillions of dollars, ther bank bailouts. This legislation for the taxpayer protections—a prom- and it was very hard to get any infor- ends individual open-bank assistance. ise that the taxpayers would be repaid. mation whatsoever. So an ongoing Let me repeat: this legislation ends in- This bill flat out breaks that promise audit to find out exactly what they do dividual open-bank assistance, mean- to taxpayers. It siphons away unspent and why they do it, I think, would be a ing that if the resolution authority, money from the TARP program. In- first step to finding out the relation- the death panel, the burial panel, is ap- stead of returning it to the taxpayers ship of the Federal Reserve system to plied to a bank, it will not be bailed or instead of paying down our $13 tril- the banking system and the financial out but allowed to safely fail and pre- lion debt as promised, it uses the community. vent containment from spreading to money to pay for new Federal spend- Transparency is something the the markets. Let me repeat this: no ing. American people have been asking for more bailout. We have a funeral fund. Contrary to my colleagues’ rhetoric, and they want. They didn’t like the One thing I want to note, though, at this bill makes bailouts permanent. lack of transparency with the TARP every opportunity Democrats have in- Look at section 210N(5) and section funds; and once the American people sisted that banks, the financial institu- 210N(6). These provisions authorize bu- found out about what goes on at the tions, not the taxpayers of America, reaucrats to bail out the six largest Fed, they want transparency of the pay for this resolution authority, and too-big-to-fail Wall Street firms to the Fed. the Republicans have said ‘‘no’’ every tune of $8 trillion. What you have is So fortunately today we will have a single time. In both the House and the taxpayers footing the bill to pay for chance to vote on this because it will Senate, they refuse to support a pre- failed Wall Street firms. That is a bail- be in the recommittal motion, and it funded funeral fund that would be paid out. will give us a chance to put the lan- for by the riskiest and biggest banks. My colleagues on the other side of guage back in, the H.R. 1207, the Fed- No. The big bankers don’t pay. Main the aisle claim that this bill requires eral Reserve Transparency Act, a Street has to pay. that taxpayers be paid back. Yet how chance to audit the Fed. So this will be Opposition from certain Republican in heaven’s name can taxpayers believe a perfect opportunity to emphasize the Senators—and I won’t mention their that when this very bill breaks the ear- importance of the Fed and to say that names—forced us to strip the bank as- lier promise that taxpayers would be we do need a full audit. sistance from the conference report paid back for TARP?

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12440 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 This bill also fails to reform Fannie use swaps to hedge their interest rate The Senate’s efforts on derivatives Mae and Freddie Mac, the two mort- and foreign currency risks arising from went in a very different direction. As gage giants at the center of the hous- their financing activities. The amend- with any legislation with such stark ing crisis. Taxpayers have bailed ment was narrowly tailored to ensure differences, compromises had to be Fannie and Freddie out to the tune of that a captive finance company can made. $150 billion and billions more to come, only qualify for the exemption if 90 This comprehensive legislation rep- but this bill doesn’t reform them. It percent of its business derives from fi- resents a middle ground between the merely calls for a study, and it fails to nancing the sale or lease of its parent House and Senate products. While no include as part of our Federal budget company’s manufactured goods. one got everything they wanted in this the trillions in liabilities taxpayers There is another provision of this bill bill, I think we got a bill that will help now face because the Federal Govern- which provides a 2-year transition pe- prevent another crisis in the financial ment owns and operates both Fannie riod for affiliates. markets like the one we experienced in and Freddie. I would like to yield to Chairman 2008. Finally, let’s not forget our hidden FRANK so he can clarify that what The House Agriculture Committee costs in this bill. Our Midwest manu- these two provisions do is provide a started looking at some of the issues facturers had nothing to do with the limited exemption from clearing and addressed in this legislation even be- housing crisis or with the financial margin requirements for qualifying fore evidence of the financial crisis meltdown. Yet this bill requires them captive finance companies and a 2-year started to appear. I am pleased that to divert trillions of dollars of working transition period for all other captives the conference report contains many of capital to pay for financial trans- that would not qualify for the limited the provisions the House Ag Com- actions, which may stifle job growth exemption created by the Peters mittee endorsed over the course of and raise the cost of commodities for amendment. passing three bills on this topic. Let American families. Mr. FRANK of Massachusetts. If the me briefly talk about some of those What is the cost to small businesses? gentleman would yield, the answer is provisions. It is job growth. According to the U.S. absolutely. He has crafted this very Our in-depth review of derivative Chamber of Commerce, it is taxpayers, well with our cooperation, and he has markets began when we experienced small businesses and consumers as stated this completely accurately. significant price volatility in energy they pick up the tab for new Federal Mr. BACHUS. Mr. Speaker, I yield 7 futures markets due to excessive specu- bureaucrats, 355 new rules, 47 studies, minutes to the gentleman from Okla- lation—first with natural gas and then and 74 reports. homa (Mr. LUCAS), who is the ranking with crude oil. We all remember when In the name of financial reform, we member of the Agriculture Committee, we had $147 oil. The Ag Committee ex- must not stifle job creation by saddling to then yield time to his members. amined the influx of new traders in our small businesses and manufactur- The SPEAKER pro tempore. Without these markets, including hedge funds ers with additional burdens. We need to objection, the gentleman from Okla- and index funds, and we looked at the get financial reform right so that homa will control 7 minutes. relationship between what was occur- innovators and entrepreneurs can se- There was no objection. ring on regulated markets and the even cure credit and can expand and create Mr. FRANK of Massachusetts. Mr. larger unregulated over-the-counter desperately needed jobs. We need to get Speaker, I yield 13 minutes of my time market. This conference report in- reform right, but this bill doesn’t pass to the gentleman from Minnesota (Mr. cludes the tools we authorized and the the test. PETERSON), the chairman of the Agri- direction to the CFTC to mitigate out- I urge my colleagues to oppose this culture Committee, our co-conferee, rageous price spikes we saw 2 years conference report and bill. and ask unanimous consent that he ago. Mr. FRANK of Massachusetts. I yield control that time. The House Agriculture Committee 11⁄2 minutes to a very diligent member The SPEAKER pro tempore. Is there also spent a great deal of time consid- of our committee who has fought hard objection to the request of the gen- ering the role of derivatives in the col- for the manufacturing interests of this tleman from Massachusetts? lapse of the financial markets and de- country, the gentleman from Michigan There was no objection. bating different approaches to regu- (Mr. PETERS). The SPEAKER pro tempore. The lating these financial tools. Mr. PETERS. I thank the chairman Chair recognizes the gentleman from In the end, it was the Agriculture for yielding. Minnesota. Committee, on a bipartisan basis, that Mr. Speaker, the Dodd-Frank Wall Mr. PETERSON. I thank the gen- embraced mandatory clearing well be- Street Reform bill is an historic piece tleman for yielding. fore the idea became popular. Clearing of legislation that will protect con- Mr. Speaker, I rise today in support is not only a means to bring greater sumers, reduce the risk of future eco- of the conference report on H.R. 4173, transparency to the derivative mar- nomic failures, and provide for the in- The Wall Street Reform and Consumer kets, but it also should reduce the risk creased oversight of our entire finan- Protection Act. that was prevalent throughout the cial system. However, it also strives to I want to start by thanking Chair- over-the-counter market. The con- protect job-creating Main Street busi- man FRANK, who has demonstrated his ference report closely follows the nesses. great policymaking skills and leader- House approach to mandatory clearing. For example, this legislation will, for ship on this important issue. In crafting the House bill and the the first time, bring transparency and The staffs of both the House Agri- conference report, we focused on cre- oversight to the currently unregulated culture Committee and the Financial ating a regulatory approach that per- $600 trillion derivatives market. How- Services Committee have worked close- mits the so-called end users to con- ever, because commercial end users, ly on this legislation for the past year, tinue using derivatives to hedge risks who are those who use derivatives to and it is thanks to our efforts that we associated with their underlying busi- hedge legitimate business risks, do not have a conference committee report for nesses, whether it is energy explo- pose systemic risk and because they us today. ration, manufacturing, or commercial solely use these contracts as a way to One of the bill’s key components is activities. End users did not cause the provide consumers with lower cost title VII, which brings greater trans- financial crisis of 2008. They were actu- goods, they are exempted from clearing parency and accountability to deriva- ally the victims of it. and margin requirements. tive markets. When the House consid- Now, that has been of some concern I offered an amendment that would ered financial reform in December, de- and, frankly, a misinterpretation of permanently extend the end user ex- rivatives were one area in which we the conference report’s language re- emptions for clearing and margin to had strong bipartisan support. The garding capital and margin require- certain captive finance companies that House produced a very good product. ments by some who want to portray

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12441 these requirements as applying to end ferees from this Chamber, we defended their principal and interest, but also to users of derivatives. This is patently the House position. Unfortunately, at protect taxpayers. false. dawn last Friday, our amendment was These are just a few of the reasons The section in question governs the defeated on a party-line vote, stripping why the Agriculture Committee in- regulation of major swap participants away the only remaining protection for sisted that the institutions of the and swap dealers, and its provisions end users. American small businesses Farm Credit System not be subject to apply only to major swap participants were told by the majority they would a number of the provisions of this leg- and swap dealers. Nowhere in this sec- be regulated as though they were Wall islation. They were not the cause of tion do we give regulators any author- Street. the problem, did not utilize TARP ity to impose capital and margin re- A report released yesterday believes funds, and did not engage in abusive quirements on end users. What is going the language change by the majority subprime lending. We have believed on here is that the Wall Street firms could cost U.S. companies $1 trillion in that this legislation should not do any- want to get out of the margin require- capital and liquidity requirements. thing to disrupt this record of success. ments, and they are playing on the This isn’t money to pay lavish bonuses; Mr. Speaker, I now would like to fears of the end users in order to obtain this is money to pay salaries, fund re- enter into a colloquy with the chair- exemptions for themselves. search and development, and pay con- man of the Agriculture Committee. Mr. Chairman, the conference report b 1700 struction loans. Further analysis of this language includes compromise language that re- One of the sources of financial insta- concludes that $400 billion would be quires the Commodity Futures Trading bility in 2008 was that derivative trad- needed for collateral for businesses to Commission to consider exempting ers like AIG did not have the resources post with dealer counterparts to cover small banks, Farm Credit System in- to back up their transactions. If we the exposure of their existing over-the- stitutions and credit unions from pro- don’t require these major swap partici- counter derivatives. It is estimated visions requiring that all swaps be pants and swap dealers to put more that another $370 billion represents the cleared. We understand that commu- backing behind their swap deals, we additional credit capacity that compa- nity banks, Farm Credit institutions will only perpetuate this instability. nies could need to cover future risk. and credit unions did not cause the fi- That is not good for these markets, and Despite the majority’s voracious ap- nancial crisis that precipitated this it is certainly not good for end users. petite for spending, these are enormous legislation. While the legislation places I am confident that after passing this dollar amounts. Rural America doesn’t a special emphasis on institutions with conference report we can go home to have the option of waiving phony less than $10 billion in assets, my read- our constituents and say that we have PAYGO requirements. These costs are ing of the language is that they should cracked down on Wall Street and the real and the ability to pay them does not in any way be viewed by the Com- too-big-to-fail firms that caused the fi- not exist. Business will now have to modity Futures Trading Commission nancial crisis. cut spending, which, simply put, means as a limit on the size of the institution With that, I urge my colleagues to job losses or hold on at its very own that should be considered for an ex- support the passage of this conference risk, thereby further concentrating emption. report. risk. Mr. Chairman, would you concur I reserve the balance of my time. You know, once upon a time this bill with this assessment? Mr. LUCAS. Mr. Speaker, I yield my- was supposed to avoid risk concentra- Mr. PETERSON. Yes, I fully agree. self 3 minutes. tion. That was once upon a time. The language says that institutions to Mr. Speaker, I rise in opposition to Mr. Speaker, I reserve the balance of be considered for the exemption shall this job-killing conference report. At a my time. include those with $10 billion or less in time when Congress should be focused Mr. PETERSON. Mr. Speaker, I yield assets. It is not a firm standard. Some on economic expansion, the majority such time as he may consume to the firms with larger assets could qualify, brings us this conference report, which gentleman from Pennsylvania (Mr. while some with smaller assets may will kill jobs and make financial trans- HOLDEN). not. The regulators will have max- actions more expensive. Mr. HOLDEN. I thank the chairman imum flexibility when looking at the Last December, this Chamber sup- for yielding. risk portfolio of these institutions for ported a bipartisan effort to bring I rise today in support of H.R. 4173. consideration of an exemption. transparency and regulation to the I serve as chairman of the House Ag- Mr. HOLDEN. I thank the chairman. over-the-counter derivatives market riculture Subcommittee on Conserva- Mr. LUCAS. Mr. Chairman, I now while allowing for the management of tion, Credit, Energy, and Research. As yield 2 minutes to the gentleman from legitimate risk. It recognized that such, we have jurisdiction over the in- Texas (Mr. NEUGEBAUER), who is a very mom-and-pop shops on Main Street stitutions of the Farm Credit System significant participant on both the Fi- were not the villains behind the eco- that serve agriculture as well as rural nancial Services Committee and the nomic collapse. They did not cause the communities across the country. Agriculture Committee. financial crisis and should not be treat- Over 20 years ago, the Agriculture Mr. NEUGEBAUER. Mr. Speaker, I ed as if they did. Committee put in place a revised legis- rise in strong opposition to this con- The derivatives title this Chamber lative and regulatory regime for the ference report. Financial regulatory re- passed reflected the need for commer- Farm Credit System that has success- form is needed, but this 2,300 page bill cial end users to lay off risk so they fully stood the test of time in ensuring is the wrong solution for the taxpayers, could offer their products at reasonable that these institutions operate safe and and it won’t help build strong capital and stable prices. Unfortunately, the sound. markets needed to fuel growth and new Senate decided that only some indus- Farm Credit System institutions are jobs for our country. tries, only some, were worthy of inex- regulated and examined by a fully em- If you liked the bailouts of the last pensive risk mitigation. powered independent regulatory agen- few years, you are going to love this Despite the overwhelming bipartisan cy, the Farm Credit Administration, new financial bill. If you are a con- support our derivatives language en- which has the authority to shut down sumer who wants fewer choices, higher joyed, during a meeting in the dark of and liquidate a system institution that costs of credit and new fees, this bill night our bipartisan language was is not financially viable. In addition, has some great deals for you. stripped out. A title that we passed by the Farm Credit System is the only This bill will vastly expand the pow- voice vote was only going to survive if GSE that has a self-funded insurance ers of the government regulators. offered as an amendment. So that is program in place that was established Those are the same regulators who fell what my good friend from New Jersey to not only protect investors in farm short of the job the first time around, (Mr. GARRETT) and I did. As the con- credit debt securities against loss of and now they are asking us to trust

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12442 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 them and they tell us that the outcome to ‘‘book-out’’ their delivery obliga- this legislation, Congress is once again will be different next time. But the tions under a forward contract. ignoring the voice of the entrepreneur. outcome won’t be different, because For those who may not be familiar The conference report includes a this bill sets up a permanent bailout with terminology used in the trade, a massive new government bureaucracy regime that puts the government in book-out is a second agreement be- that supporters claim will protect con- charge of picking winners and losers. tween two commercial parties to a for- sumers from overzealous sellers of Under this bill, if the government ward contract who find themselves in a credit. However, the breadth of the says to your company it is too big and delivery chain or circle at the same de- rulemaking authority is astounding too important to fail, your company livery point. They can agree to settle and will likely affect millions of credit gets an implied backing and serious ad- their delivery obligations by exchang- transactions between small businesses vantages over its competitors, espe- ing a net payment if there has been and their customers. Even if the new cially your smallest competitors. If the some change arising since the initial agency only controls credit offered by government determines a company forward contract was entered into. regulated financial institutions, the should be shut down, the government Simply put, book-outs reduce trans- additional burdens will raise the cost gets to decide how everyone that does action costs, and that saves consumers of credit for small businesses. business with that company is treated, money. Of further concern is the language in ignoring the rule of law, just like they Can the chairman clarify this for me? the current bill that makes commer- did with AIG and the automobile com- I yield to the chairman. cial end users who hedge their exposure panies behind closed doors. Mr. PETERSON. The gentleman is to risk susceptible to unnecessary mar- And if those problems weren’t serious correct. My interpretation of the exclu- gin requirements through the use of enough, now the majority is playing sionary provision from the definition of cash collateral. Forcing sophisticated fast and footloose with the taxpayers. swap that he mentioned is that the ex- end users to increase capital set-asides In a move that could only make Bernie clusion would apply to transactions in to cover margins will ultimately raise Madoff and Enron proud, the majority which the parties’ delivery obligations the cost of products purchased by small is now taking the unused and paid-back are booked-out, as the gentleman de- businesses. Given the state of the econ- TARP funds that were supposed to pay scribed. The fact that the parties may omy, raising the costs on small busi- down the national debt and double- subsequently agree to settle their obli- nesses is one of the worst things that counting the deposit insurance pre- gations with a payment based on a can be done. miums to pay for the $19 billion cost of price difference through a book-out The adverse long-term consequences this bill. does not turn a forward contract into a of this legislation is nothing short of American families can’t double-count swap. startling. At a time when American their income from their paychecks. Excluding physical forward con- small businesses need it most, this bill What kind of accounting is Congress tracts, including book-outs, is con- may seriously restrict their access to using that will let us double-count the sistent with the CFTC’s longstanding capital. Additionally, this legislation money? view that physical forward contracts in will negatively affect small business Mr. Speaker, bills sometimes have which the parties later agree to book- investment companies from allowing good titles but they don’t accomplish out their delivery obligations for com- regulators to decide whether these in- what they are supposed to do. There is mercial convenience are excluded from stitutions can obtain capital from no real financial reform in this bill. I its jurisdiction. Nothing in this legisla- banks. tion changes that result with respect wish there was. I want to vote for real In closing, I strongly urge my col- financial reform. But the big losers to commercial forward contracts. Mr. BOSWELL. I thank the chairman leagues to join me in opposing this ill- here are the American people. They conceived conference report. If Con- stay at risk. Their choices are going to for the clarification. Mr. PETERSON. I thank the gen- gress expects small businesses to help be limited, because now we are going to turn around the economy, we have got have a new credit czar determine what tleman. I encourage people to support the to focus on developing legislation that kind of financial products that the helps them do just that. American people get to look at. conference report. Mr. BACHUS. Mr. Speaker, can I in- If you want real reform, vote against I have no further requests for time, quire as to the time left on both sides? this bill. and I yield back the balance of my time. The SPEAKER pro tempore. The gen- b 1710 Mr. LUCAS. Mr. Speaker, I yield the tleman from Alabama has 211⁄4 minutes Mr. PETERSON. Mr. Speaker, I yield remaining 2 minutes to the ranking remaining. The gentleman from Massa- such time as he may consume to the member on the Small Business Admin- chusetts has 11 minutes remaining. gentleman from Iowa (Mr. BOSWELL). istration Committee and a very valued Mr. BACHUS. At this time I yield 2 Mr. BOSWELL. Mr. Speaker, I would member of the Agriculture Committee, minutes to the gentleman from New like to engage the chairman in a col- the gentleman from Missouri (Mr. Jersey (Mr. GARRETT), who is the rank- loquy. GRAVES). ing member of the Capital Markets I would like to briefly clarify an im- Mr. GRAVES of Missouri. Mr. Speak- Subcommittee. portant point with the chairman re- er, everyone agrees it’s critical to re- Mr. GARRETT of New Jersey. I rise garding the intention of one of the ex- structure the regulatory oversight of in opposition to this job-killing con- clusions from the definition of ‘‘swap.’’ our Nation’s financial sector to help tinuation of a bailout bill. Earlier, The exclusion from the definition of prevent future crises. Unfortunately, Chairman FRANK said he was aston- swap for ‘‘any sale of a nonfinancial not only does this conference report ished by our interpretation this is a commodity or security for deferred fail to achieve this most basic goal, it bailout bill. Well, what is even more shipment or delivery, so long as the also creates harmful new hurdles for astonishing is the fact that this is the transaction is intended to be phys- small businesses. As ranking member same chairman who was here last ses- ically settled,’’ is intended to be con- of the House Small Business Com- sion leading the efforts in our last bail- sistent with the forward contract ex- mittee, I cannot support this legisla- out bill. And here he is, once again, clusion that is currently in the Com- tion. leading the effort on this bill for a con- modity Exchange Act and CFTC’s es- Some of my colleagues are quick to tinuation of bailout. What is perhaps tablished policy on this subject. Phys- state publicly that small businesses are even more astonishing than that is ical commodity transactions should going to bring us out of this economic that here he stands as the author of the not be regulated as swaps as that term downturn, yet they turn their backs on bill, with the 2,300 pages in front of is defined in this legislation. This is small firms and promote policies that him, holding up and actually reading true even if commercial parties agree severely hinder their growth. Through the bill, and he fails to see that this

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12443 underlying piece of legislation con- at every single transaction that they U.S. SENATE, tinues to bail out creditors at the ex- make, whether it’s at the ATM that Washington, DC, June 30, 2010. pense of U.S. taxpayers. the government can now look down Hon. Chairman BARNEY FRANK, Just as we saw with the situation of into those transactions, whether it’s Financial Services Committee, House of Rep- resentatives, Rayburn House Office Build- AIG, where the creditors on Wall opening up a credit card account some- ing, Washington, DC. Street and the creditors over in China place that the Federal Government can Hon. Chairman COLLIN PETERSON, and such areas as that were bailed out now look into those transactions, Committee on Agriculture, House of Representa- at a hundred percent, we see the same whether it’s any transaction whatso- tives, Longworth House Office Building, thing possibly going forward here in ever that you or I make or anyone lis- Washington, DC. this legislation as well. Perhaps that tening to this speech tonight will be DEAR CHAIRMEN FRANK AND PETERSON: explains to us all why Wall Street is able to make, because bureaucrats, Whether swaps are used by an airline hedg- applauding this bill—because they unelected, unaccountable bureaucrats, ing its fuel costs or a global manufacturing know that they will continue to see the will be able to look into those trans- company hedging interest rate risk, deriva- bailouts that they saw in the past. So actions. tives are an important tool businesses use to manage costs and market volatility. This it is astonishing to see that we’re re- They want less failed government overage into their lives. They want less legislation will preserve that tool. Regu- peating history. lators, namely the Commodity Futures Trad- Now, I know the chairman will say, intrusions into the economy. What, ing Commission (CFTC), the Securities and Well, this is not going to happen be- you ask them, do they want? They sim- Exchange Commission (SEC), and the pru- cause there is the opportunity for re- ply want more opportunities—opportu- dential regulators, must not make hedging ceivership. But the chairman well nities to work and to provide for their so costly it becomes prohibitively expensive knows if he looks into the bill that families. And they want those opportu- for end users to manage their risk. This let- that receivership is not for a day or nities without pushing our country ter seeks to provide some additional back- two—it’s for a year or 2 or 3 or 4 or 5 into greater debt. Unfortunately, this ground on legislative intent on some, but not bill fails on all accounts. all, of the various sections of Title VII of years that we can continue to see H.R. 4173, the Dodd-Frank Act. American taxpayers putting out their b 1720 The legislation does not authorize the reg- money to bail out these failed, risky Mr. FRANK of Massachusetts. I yield ulators to impose margin on end users, those institutions. 1 minute to my colleague, the gen- exempt entities that use swaps to hedge or It seems that at every turn the tleman from Minnesota (Mr. PETER- mitigate commercial risk. If regulators raise Democrats who wrote this bill chose to the costs of end user transactions, they may SON), the chairman of the Agriculture create more risk. It is imperative that the endow the same failed regulators who Committee. failed to foresee the last crisis with regulators do not unnecessarily divert work- Mr. PETERSON. Mr. Speaker, I ing capital from our economy into margin more and more power. At every single would like to enter into the RECORD a turn the Democrats chose more govern- accounts, in a way that would discourage letter that Chairman FRANK and I re- hedging by end users or impair economic ment bureaucracy and more govern- ceived from Chairmen LINCOLN and growth. ment outreach into our economy. And DODD on the treatment of end users Again, Congress clearly stated in this bill at every turn the Democrats threw up under the derivatives title of the bill. that the margin and capital requirements policies that will kill jobs and restrict As the letter makes clear, we have are not to be imposed on end users, nor can credit. given the regulators no authority to the regulators require clearing for end user Now, on the one hand, this isn’t sur- impose margin requirements on anyone trades. Regulators are charged with estab- prising. We’ve seen this all before, who is not a swap dealer or a major lishing rules for the capital requirements, as well as the margin requirements for all when you think about it, whether it swap participant. was in the area of cap-and-trade or in uncleared trades, but rules may not be set in While the regulators do have author- a way that requires the imposition of margin health care proposals, among others we ity over the dealer or MSP side of a saw before. requirements on the end user side of a lawful transaction, we expect the level of transaction. In cases where a Swap Dealer The SPEAKER pro tempore. The margin required will be minimal, in enters into an uncleared swap with an end time of the gentleman has expired. keeping with the greater capital that user, margin on the dealer side of the trans- Mr. BACHUS. Mr. Speaker, I yield such dealers and MSPs will be required action should reflect the counterparty risk 1 the gentleman 1 ⁄2 additional minutes. to hold. That margin will be impor- of the transaction. Congress strongly encour- Mr. GARRETT of New Jersey. On the tant, however, to ensure that the deal- ages regulators to establish margin require- ments for such swaps or security-based other hand, it is disappointing when er or major stock participant will be you consider the history of the failed swaps in a manner that is consistent with capable of meeting their obligations to the Congressional intent to protect end users efforts in the area of health care or the the end users. We need to make sure failed efforts on the other side in the from burdensome costs. that they have that backing. In harmonizing the different approaches area of cap-and-tax that they haven’t I would also note that few, if any, learned by now from their past mis- taken by the House and Senate in their re- end users will be major swap partici- spective derivatives titles, a number of pro- takes. Think about it for a moment. pants, as we have excluded ‘‘positions visions were deleted by the Conference Com- Think about what we hear when we go held for hedging or mitigating com- mittee to avoid redundancy and to stream- back to our districts. That the Amer- mercial risk’’ from being considered as line the regulatory framework. However, a ican people are delivering a strong a ‘‘substantial position’’ under that consistent Congressional directive through- message to those of us in Washington definition. out all drafts of this legislation, and in Con- willing to listen, a message saying that gressional debate, has been to protect end I would ask Chairman FRANK whether users from burdensome costs associated with they do not want a continuation, Mr. he concurs with my view of the bill. Speaker, of the failed policies that you margin requirements and mandatory clear- The SPEAKER pro tempore. The ing. Accordingly, changes made in Con- brought to the floor in the past with time of the gentleman has expired. ference to the section of the bill regulating your bailouts of Wall Street. The Mr. FRANK of Massachusetts. I yield capital and margin requirements for Swap American people say that they do not the gentleman 15 additional seconds. Dealers and Major Swap Participants should want to be on the hook for the tens— And the gentleman is absolutely not be construed as changing this important no—the hundreds of billions of dollars right. We do differentiate between end Congressional interest in protecting end to bail out institutions on Wall Street users and others. The marginal require- users. In fact, the House offer amending the that made bad risks. They want it to ments are not on end users. They are capital and margin provisions of Sections 731 end now. And they want to end it only on the financial and major swap and 764 expressly stated that the strike to the base text was made ‘‘to eliminate redun- today. They want less failed govern- participants. And they are permissive. dancy.’’ Capital and margin standards should ment overage into their lives and into They are not mandatory, and they are be set to mitigate risk in our financial sys- the economy. They do not want insti- going to be done, I think, with an ap- tem, not punish those who are trying to tutions yet again created that can look propriate touch. hedge their own commercial risk.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12444 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Congress recognized that the individual- into consideration the impact of regulation tion, and Forestry, ized credit arrangements worked out be- and capital and margin on these entities. U.S. Senate. tween counterparties in a bilateral trans- It is also imperative that regulators do not Mr. BACHUS. At this time I yield 4 assume that all over-the-counter trans- action can be important components of busi- minutes to the gentleman from Cali- ness risk management. That is why Congress actions share the same risk profile. While specifically mandates that regulators permit uncleared swaps should be looked at closely, fornia (Mr. ROYCE), a senior member of the use of non-cash collateral for regulators must carefully analyze the risk the committee. counterparty arrangements with Swap Deal- associated with cleared and uncleared swaps Mr. ROYCE. Mr. Speaker, yesterday ers and Major Swap Participants to permit and apply that analysis when setting capital a small community banker in Ohio by flexibility. Mitigating risk is one of the most standards for Swap Dealers and Major Swap the name of Sarah Wallace wrote a let- important reasons for passing this legisla- Participants. As regulators set capital and ter. She wrote about what she believed tion. margin standards on Swap Dealers or Major will be the end of community banking Congress determined that clearing is at the Swap Participants, they must set the appro- priate standards relative to the risks associ- as we know it. And Sarah Wallace heart of reform—bringing transactions and notes, in her words: ‘‘Going forward, we counterparties into a robust, conservative ated with trading. Regulators must carefully and transparent risk management frame- consider the potential burdens that Swap will no longer be able to evaluate loan work. Congress also acknowledged that Dealers and Major Swap Participants may applications based solely on the credit- clearing may not be suitable for every trans- impose on end user counterparties—espe- worthiness of the borrower. We will be action or every counterparty. End users who cially if those requirements will discourage making regulation compliance deci- hedge their risks may find it challenging to the use of swaps by end users or harm eco- sions instead of credit decisions.’’ use a standard derivative contracts to ex- nomic growth. Regulators should seek to im- And this gets to the heart of the actly match up their risks with counterpar- pose margins to the extent they are nec- essary to ensure the safety and soundness of issue with the underlying legislation ties willing to purchase their specific expo- that we’re discussing. Despite the fact sures. Standardized derivative contracts may the Swap Dealers and Major Swap Partici- not be suitable for every transaction. Con- pants. that every failed financial firm had Congress determined that end users must gress recognized that imposing the clearing some type of Federal regulator over- be empowered in their counterparty rela- and exchange trading requirement on com- seeing it, the answer put forward in tionships, especially relationships with swap mercial end-users could raise transaction this bill is to give broad, largely unde- dealers. This is why Congress explicitly gave costs where there is a substantial public in- to end users the option to clear swaps con- fined powers to those regulators and terest in keeping such costs low (i.e., to pro- tracts, the option to choose their clearing- not, by the way, in the interest of safe- vide consumers with stable, low prices, pro- house or clearing agency, and the option to ty and soundness. If the objective was mote investment, and create jobs.) segregate margin with an independent 3rd safety and soundness, the amendment Congress recognized this concern and cre- party custodian. that I put forward to allow the safety ated a robust end user clearing exemption In implementing the derivatives title, Con- for those entities that are using the swaps and soundness regulator to overrule gress encourages the CFTC to clarify the Consumer Financial Protection Bu- market to hedge or mitigate commercial through rulemaking that the exclusion from risk. These entities could be anything rang- the definition of swap for ‘‘any sale of a non- reau in cases where safety and sound- ing from car companies to airlines or energy financial commodity or security for deferred ness was at stake, that would have companies who produce and distribute power shipment or delivery, so long as the trans- been upheld. No, that’s not the goal to farm machinery manufacturers. They also action is intended to be physically settled’’ here. include captive finance affiliates, finance is intended to be consistent with the forward And to get back to the point that arms that are hedging in support of manu- contract exclusion that is currently in the Sarah Wallace makes, her observation facturing or other commercial companies. Commodity Exchange Act and the CFTC’s is that instead of focusing on providing The end user exemption also may apply to established policy and orders on this subject, our smaller financial entities—credit unions, including situations where commercial par- credit and providing the best possible community banks, and farm credit institu- ties agree to ‘‘book-out’’ their physical deliv- service to the customers in these small tions. These entities did not get us into this ery obligations under a forward contract. towns that need that credit, these in- crisis and should not be punished for Wall Congress recognized that the capital and stitutions will instead focus their ef- Street’s excesses. They help to finance jobs margin requirements in this bill could have forts on appeasing the Federal Govern- and provide lending for communities all an impact on swaps contracts currently in ment and on appeasing their allies in across this nation. That is why Congress pro- existence. For this reason, we provided legal Congress. vided regulators the authority to exempt certainty to those contracts currently in ex- Well, why should that give us con- these institutions. istence, providing that no contract could be This is also why we narrowed the scope of terminated, renegotiated, modified, amend- cern? It should worry us because the Swap Dealer and Major Swap Participant ed, or supplemented (unless otherwise speci- whether it is striving toward another definitions. We should not inadvertently pull fied in the contract) based on the implemen- altruistic goal, such as Congress’ inter- in entities that are appropriately managing tation of any requirement in this Act, in- est in subsidizing housing—and by the their risk. In implementing the Swap Dealer cluding requirements on Swap Dealers and way, that’s what happened during the and Major Swap Participant provisions, Con- Major Swap Participants. It is imperative housing crisis—or whether it’s fun- gress expects the regulators to maintain that we provide certainty to these existing neling cash into friendly community through rulemaking that the definition of contracts for the sake of our economy and fi- activist organizations, like ACORN, Major Swap Participant does not capture nancial system. companies simply because they use swaps to Regulators must carefully follow Congres- the fact is, the closer big government hedge risk in their ordinary course of busi- sional intent in implementing this bill. gets to business, the more likely these ness. Congress does not intend to regulate While Congress may not have the expertise favors will become the rule instead of end-users as Major Swap Participants or to set specific standards, we have laid out the exception. Swap Dealers just because they use swaps to our criteria and guidelines for implementing What I don’t like about this is the hedge or manage the commercial risks asso- reform. It is imperative that these standards political pull that comes out of it. ciated with their business. For example, the are not punitive to the end users, that we en- What I don’t like about it is the mar- Major Swap Participant and Swap Dealer courage the management of commercial definitions are not intended to include an risk, and that we build a strong but respon- ket discipline being replaced. And I electric or gas utility that purchases com- sive framework for regulating the deriva- think on a massive scale, this bill re- modities that are used either as a source of tives market. places objectivity with subjectivity. It fuel to produce electricity or to supply gas Sincerely, replaces the market discipline on Main to retail customers and that uses swaps to Chairman CHRISTOPHER Street with political pull in Wash- hedge or manage the commercial risks asso- DODD, ington, and regulators will now decide ciated with its business. Congress incor- Senate Committee on which firms will be treated differently porated a de minimis exception to the Swap Banking, Housing, and, therefore, moved through the res- Dealer definition to ensure that smaller in- and Urban Affairs, stitutions that are responsibly managing U.S. Senate. olution process and which firms should their commercial risk are not inadvertently Chairman BLANCHE be left to the bankruptcy courts. pulled into additional regulation. LINCOLN, Why would we care about that in Just as Congress has heard the end user Senate Committee on terms of these big firms having this community, regulators must carefully take Agriculture, Nutri- ability now to have this alternative

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Should we be con- any of you, I think, on the floor are. bill—I was wrong—the Gramm bill that cerned about abuse in this respect? I But none of us, even at my advanced said Brooksley Born was wrong, we think so, because this type of bureau- age, were alive during the Great De- didn’t need to regulate derivatives. cratic discretion has led to abuse in the pression. So this is the first time that And by the way, there were a number past. we have experienced such a deep, deep of Democrat leaders who said that as We have already seen that abuse in recession. well, that we didn’t need to, and Mr. the Obama administration’s handling But I will tell you, the 8 million Greenspan said it as well. He’s admit- of the Chrysler bankruptcy last year. Americans whose jobs it took away ted he made a mistake, and he was dis- Secured creditors, typically entitled to think it was a mighty big ant that tressed by that mistake. first priority payment under the abso- squashed them and their families, or Now, we can’t erase that crisis, but lute priority rule, ended up receiving the millions more who saw their sav- we can work to rebuild what we lost. less than the union allies of the admin- ings devastated or the families in every As Democrats have done every time, istration who held junior creditor one of our districts who have lost their we’ve supported job creation, from the claims. The fact that the regulatory re- homes. They’re thinking to them- Recovery Act to ‘‘Cash for Clunkers’’ form approach injects politics into the selves, Mr. BOEHNER, that was a mighty to the HIRE Act to the additional tax process ensures this kind of favoritism big ant that came my way. And not to relief for small businesses, that’s, in the future. more than half of the Nation’s working frankly, been obstructed by the minor- Mr. FRANK of Massachusetts. Mr. adults who report that they have been ity party in the other body who have Speaker, I yield 1 minute to the gen- pushed by the recession into ‘‘unem- made a high-stakes political bet on re- tleman from Maryland (Mr. HOYER), ployment, pay cuts, reduced hours at covery’s failure. That would be a the majority leader. work or part-time jobs,’’ according to a shame. Mr. HOYER. I thank the chairman Pew Research Center Survey reported We can also, just as any responsible for yielding, and I congratulate the in today’s Washington Post. family would, ensure ourselves against chairman for the extraordinary work a repeat crisis and protect America’s b 1730 he has done. I thank Mr. BACHUS too, jobs from another devastating collapse. who is, I think, one of the really re- Now, some of you may think that The Wall Street Reform and Consumer sponsible leaders in the minority in was an ant that walked through here, Protection Act, which Mr. FRANK and terms of issues of substance. And when but some think it was a pretty big ele- Mr. DODD have led to this point, means there are differences, they are honest phant. It squashed them and hurt an end to the irresponsible practices of differences. them. the big banks. Mr. Speaker, I come to the floor, and I don’t mean an elephant in the sym- And I want to say the community when I do, I hear portions of the de- bol of your party, a respected animal banks, which I think Mr. ROYCE re- bate, sometimes not all of the debate. I with a long memory. ferred to, he’s absolutely right. They want to make an observation, though. I But we have differences, and the dif- were not the problem, none of our com- listened to the gentleman from New ferences are, as I’ve said before, that munity banks. They, frankly, cared Jersey, and he remarked on what the you perceive regulation as harmful. that people could pay their money people were saying. And I think that, My analogy is, if you take the referee back, and they were careful in giving frankly, his remarks reflected the dif- off the football field, I guarantee the loans and careful in making sure that ference in the perspective between the split end’s going to leave early. He’s people to whom they gave loans could two parties. going to try to get an advantage. And pay them back. Indeed, that perspective has been re- I guarantee the little guys on the field It was those who securitized them, flected in my three decades here, under are going to get trampled on by the big that put them in these big, fancy docu- Mr. Reagan and others who have served guys because there’s no referee to say, ments, that didn’t care whether they as President and lastly with Mr. Bush, Time out. You broke the rules. could pay them back because, for the Mr. Obama’s immediate predecessor. This bill is about putting the referee most part, they made their money on And that perspective was, if the regu- back on the field and saying, Obey the the transaction, not on the long-term lators would simply get out of the way, rules. Do not trample on the little peo- responsibility of the debtor. things would be fine. Mr. ROYCE indi- ple. Don’t take risks that you will ex- I’m happy that among our financial cates that the market will take care of pect them to pay for. institutions there are responsible ac- things. ‘‘The market will discipline More than half, Mr. Speaker, of to- tors who appreciate effective oversight itself,’’ he said. Phil Gramm said that day’s families have been affected. and understand that it stimulates in- with respect to the derivatives. There is no way to overstate what hap- vestment, enterprise, entrepreneurship, Unfortunately, I voted for that bill pened to them, and there is no mis- and job creation. Why? Because people that Mr. Gramm was for. I made a mis- taking the cause of the crisis: The Wall can trust the system because they take. Brooksley Born was correct. The Street culture of reckless gambling, know the referee is on the field watch- market did not discipline itself. In and a culture of regulatory neglect ing, and they know, therefore, the fact, the market took extraordinarily that the last administration wants to game will be honest. irresponsible steps. What I hear, I tell perpetuate it, and some want to return No bill, of course, can create an econ- my friend from New Jersey, the people to. omy without risk, nor should it. But saying is, Don’t let the big guys tram- I simply think that would be a mis- this bill will bring accountability to ple on us. Don’t let the big guys put us take. I tell my friend from New Jersey, Wall Street and Washington, protect at great risk. Don’t let the big guys the people I talk to think it would be and empower consumers, forestall fu- make decisions that they take the risk a mistake as well. They don’t like ture financial meltdowns, and prevent and we take the loss. That’s what I what’s happened. They don’t want it to taxpayer money from being put on the hear the people saying, and that’s what happen again, and this is an effort to line again to bail out Wall Street ex- I think this bill is designed to respond make sure that’s the case. cess. to. Never again. Never again should Wall I want to say to my friend who men- This week Mr. BOEHNER compared re- Street greed bring such suffering to our tioned that we bailed out Wall Street, forming Wall Street to killing an ant country. And never again should Wash- how quickly you forget that it was

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I’m sure that the ladies and nority said no regulation, no reform of all due respect, it was President Bush’s gentlemen on both sides of the aisle are regulation. administration that asked for that angry about it. This is an opportunity It had one provision. It said kill ev- bailout, not Democrats. to ensure, to the extent we possibly erything in the bill. It didn’t say do it What Democrats did, when they said can, that this tragedy to so many mil- differently. It didn’t amend it. It didn’t there was a crisis, acted in a bipartisan lions of families does not happen again. change it. It said do not change any- way to respond to that crisis. And, very Mr. GARRETT of New Jersey. Will thing. Do not reform anything except frankly, I think we precluded a depres- the gentleman yield for a question? end the TARP, which thanks to the sion. Mr. HOYER. I yield to my friend. Senate we are now doing in this bill. Americans have an obligation of re- Mr. GARRETT of New Jersey. I So I can only judge by what I see. sponsible borrowing, but financial com- thank the gentleman, and I appreciate When the gentleman says that, when panies also have responsibilities to the gentleman’s comments. the minority had a chance to offer make loans fair and transparent. By Would the gentleman just agree with their own version of this, they offered creating a Consumer Financial Protec- this statement, though, that neither I a version that said no, no reform, no tion Bureau, we can make sure that nor, I think, anyone on our side of the change, no regulation, leave the status both sides live up to that bargain. aisle take the view that we want no quo. The Consumer Financial Protection regulation, that we are proposing no Mr. HOYER. Reclaiming my time, Bureau will strengthen and modernize reform; that, actually, we have pre- and I will now leave the stage after a little more than my minute, I will say oversight of Wall Street by putting the sented a proposal for reform, prior, to to my friend that the chairman’s an- functions of seven different agencies in the administration, that we do believe swer, I think, reflects my view of our one accountable place. It seems to me we need some reform differing in ap- that that would appeal to people who different perspectives. proach and an approach that we and Mr. BACHUS. Mr. Speaker, at this want not so much proliferation of var- some believe would end the perpetual time I yield 5 minutes to the gen- ious agencies crossing one another. bailouts? Would you agree that we just tleman from Texas (Mr. HENSARLING), In addition, corporations like AIG come from a different perspective and the ranking member on the Financial and Lehman Brothers will no longer be just want to have a different proposal? Institutions Subcommittee. able to make the kind of gambles that Mr. HOYER. Reclaiming my time, I Mr. HENSARLING. I thank the gen- risk the health of our entire economy thank the gentleman for his question. tleman for yielding. and, indeed, the world’s. Institutions As I said at the outset, I do believe Mr. Speaker, the cause of our finan- that place the biggest economic bets we come from a different place. And I cial crisis is really Federal policy that will be required to keep capital on do believe it is accurate to state that strong-armed, that cajoled, that facili- hand to meet their obligations, should all of the Republican Presidents who tated financial institutions to loan those bets fail, and not expect the tax- have served during the time that I have money to people to buy homes who payer to do that. served have advanced the proposition couldn’t afford to keep them, and peo- This bill also reduces the conflicts of that regulation at the Federal level ple who decided to buy more home than interest that allowed credit rating was overburdensome and it ought to be they could afford and now expect their agencies to wrongfully declare such in- reduced. neighbors who didn’t to bail them out. stitutions in good health long after Certainly, we ought to reduce regula- I mean, Mr. Speaker, it’s not a mat- they were dangerously overloaded. Of tion that is neither effective and is in- ter of deregulation; it was a matter of course, the regulators weren’t watch- trusive to the growth of our economy dumb regulation. And there was no ing. There was a philosophy, of course, and to the effective operation of busi- dumber regulation than that which that regulation got in the way. nesses. But with respect to that, I say created the government-sponsored en- And it prudently regulates the inher- to my friend, I think what we saw dur- terprises, and gave them an affordable ently dangerous derivatives that War- ing the last decade was an excessive housing mission, and ended up buying ren Buffett called, and I quote, ‘‘weap- commitment, as Mr. Greenspan pointed the lion’s share of troubled mortgages, ons of financial mass destruction’’ for out, to the proposition, as Mr. ROYCE or insuring the troubled mortgages in the ability to bring down entire econo- stated, Just get out of the way; they the system. Again, it wasn’t deregula- mies when bets go bad. will discipline themselves. tion; it was dumb regulation. And all Should a major firm still find itself this bill before us does is perpetuate b 1740 on the verge of collapse, this bill insu- the same dumb regulations that got us lates the rest of the economy and keeps Frankly, the split end that leaves 2 into this financial pickle in the first taxpayers off the hook, off the hook for seconds early because the referee is not place. any future bailouts. on the field is not a bad person. He is The bill before us doesn’t go to the Mr. Speaker, a tremendous amount trying to get an advantage. And that’s root cause. It leaves the government- of irresponsibility in Washington and the difference I think between our per- sponsored enterprises, which represent on Wall Street went into the crisis spectives. I understand that difference among other things the mother of all from which we are still struggling to of the perspectives, so I agree with you taxpayer bailouts, $147 billion and recover. That crisis, of course, started that we do have a difference in perspec- counting, with $1 trillion of taxpayer in December 2007. Actually, it started tive. I believe this strikes the right exposure. They are left in place. long before that, as I said, in the late balance. Amendments Republicans offered to re- nineties. Middle class families who And I yield to my friend the chair- form the government-sponsored enter- worked hard and played by the rules man. prises, no, those are somehow out of overwhelmingly paid the price. Mr. FRANK of Massachusetts. I order. Amendments that would have But there’s a kind of irresponsibility would just say to the gentleman from put them on budget, no, those are even worse, failure to learn. We know New Jersey, I can only judge by what I somehow out of order. what greed and neglect can do. None of see. When the House voted on this bill And in fact, an amendment—there is us can plead ignorance. last December, the minority had cer- only one little study in this. There are Let’s show, Mr. Speaker, ladies and tain amendments made in order by the lots of studies; only one study dedi- gentlemen of this House, that we’ve rules, not as many as they would have cated to the government-sponsored en- learned something from the crisis. liked or as I would have liked, but in terprises. An amendment that would

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It creates a permanent bail- Ms. PELOSI. I commend the gen- cipline, regulation. The recklessness on out authority. There is only one reason tleman for his great leadership, and I Wall Street had taken us to the brink to have a bailout authority, and that’s thank him for yielding time. of a financial crisis of such magnitude for bailouts. If you want more tax- Mr. Speaker, as I listened to the de- that the chairman said there wouldn’t payer-funded bailouts, this is the bill bate here, I can’t help but remember, be an economy by Monday. for you. To paraphrase a line from the and I have a vivid memory of it, a cou- Took us into deep recession where 81⁄2 old Kevin Costner movie ‘‘Field of ple of years ago, almost 2 years ago, million jobs were lost. People lost their Dreams,’’ If you build it, they will September 18, a Thursday afternoon, jobs, therefore in many cases their come. That’s the whole reason to have we were gathered in our office, and had health insurance. They lost their pen- a bailout authority. just seen in the week and a half pre- sions, they lost their savings, they had The Federal Government can lend to ceding, a week and a half to 2 weeks to live off savings, and they lost their failing firms. They can purchase the preceding that day, some unusual investments for their children’s edu- assets of failing firms. The Federal events that related to Lehman Broth- cation. Because of recklessness on Wall Government can guarantee the obliga- ers, Merrill Lynch, and then AIG and Street, joblessness was rampant on tions of failing firms. The Federal Gov- the Fed bailout of AIG. Main Street. ernment can take a security interest in I called the Secretary of the Treas- One of the reasons was there was no the assets of failing firms. This is a ury and said, We are meeting here in credit. It’s interesting to hear my col- bailout authority. The big will get big- my office, and wondered if we could be leagues talk about the importance of ger, the small will get smaller, the tax- helpful in any way in terms of public credit to Main Street, but not one of payer will get poorer. policy, because what we seem to see them voted for the Small Business Now, I know our friends on the other coming out from the executive branch Credit bill that passed in this Congress side of the aisle continue to say, well, is chaos. Different responses to dif- about a week ago. the taxpayer’s not going to have to pay But in any event, joblessness, lack of ferent challenges that were not adding anything. Well, the Congressional credit, suppressing the entrepreneurial up to us. Could you, Mr. Secretary, Budget Office, headed by a Democrat, spirit of the United States of America, come to the Congress tomorrow and they seem to differ. I have a copy of because there were some, not all, but their analysis of the bill dated June 28. give us a report on what is happening? some on Wall Street who decided it was ‘‘CBO estimates that enacting the leg- And I said could you be here at 9 okay to privatize the game as long as islation would increase direct spending o’clock tomorrow morning to tell us they were making money and nation- by $26.9 billion. Most of that amount what is happening to the markets? Sec- alize the risk. Send the bill to the tax- would result from provisions that retary Paulson said, ‘‘Madam Speaker, payer when they were not. That’s why would establish a program for resolving tomorrow morning will be too late.’’ we are here today to make sure that certain financial firms that are insol- Tomorrow morning will be too late. never happens again, to say to them vent or in danger of becoming insol- ‘‘Why, Mr. Secretary, have you not no- that the party is now over. vent.’’ Now, they are notorious for low- tified Congress? Why have you not And it’s interesting to note that in balling these estimates, but even they called us sooner? Why would it take a that message, not one Republican par- say that ultimately taxpayers will be call from me to ask you to report to us ticipated when this bill came to the called upon for this bailout authority. to tell us that tomorrow morning will floor originally. And that was the end Mr. Speaker, the best way to end tax- be too late?’’ of last year. Years of allowing Wall payer bailouts of failing firms is to end Without going into his response, Street to do anything it wants, beyond taxpayer bailouts of failing firms. And which I am happy to do, but in the in- laissez faire, to be overleveraged, no that’s really the choice presented be- terests of time I won’t now, I then transparency, no accountability, fore us. Bankruptcy versus bailouts for called the Chairman of the Fed, Chair- produce the most severe financial cri- failed Wall Street firms. The Demo- man Bernanke, and asked him to join sis and economic downturn since the crats obviously choose bailouts. the Secretary of the Treasury at my of- Great Depression—and the American Second of all, Mr. Speaker, this is a fice later that day. people paid the price. job killer, pure and simple a job killer. The meeting turned into a meeting Again, 8 million jobs, nearly $17 tril- It creates a new Federal institution to that was House and Senate, Democrats lion in net worth disappeared. A record ban and ration consumer credit. The and Republicans gathered together to number of foreclosures ravaged our Chamber of Commerce, representing hear from the Secretary of the Treas- communities. And, again, credit dis- Main Street not Wall Street, estimates ury the condition of the markets. The appeared from small businesses. This this will increase consumer interest 1.6 Secretary, who had told us that we also had a tremendous impact on con- percent and that 4.3 percent fewer new couldn’t even wait until the next morn- struction in our country because of the jobs will be created. ing, described a very, very grim situa- lack of loans. I hear from community bankers in tion. Today, I rise with the clear message my district. Cad Williams, East Texas that the party is over. No longer again b 1750 National Bank: ‘‘If I have more compli- will recklessness on Wall Street cause ance costs, and the Federal Govern- The chairman of the Fed, who was an joblessness on Main Street. No longer ment is going to limit the types of cus- expert on the Great Depression, told us will the risky behavior of a few threat- tomized credit products I can offer, we that the situation was so grim that if en the financial stability of our fami- will lose jobs in Anderson County, we did not act immediately, there lies, our businesses, and our economy Texas.’’ would be no economy by Monday. This as a whole. I hear from constituents. Small busi- is Thursday night. There would be no The Wall Street Reform and Con- nessman Tim Ratcliff of Combine, economy by Monday. How could it be? sumer Protection Act has been appro- Texas: ‘‘I own a small business. I am a We, the greatest country in the world priately named for Chairman DODD and distributor for promotional products with the strongest economy, yet we Chairman FRANK, and I thank them for that come from suppliers all over the needed to act immediately. their leadership. In doing so, in bring- country. Without easy, reliable access The response from the Bush adminis- ing this legislation before the Con- to that credit, I am out of business.’’ tration was a bailout of the banks. And gress, Chairman FRANK and Chairman

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DODD are making history. For decades tive vigilance to prevent another finan- There is no bailout fund in this bill. to come their names will be identified cial crisis? There is $19 billion that is assessed to- with historic reforms to protect the How can we possibly resist the wards community banks. They are economy of our country and the finan- change that must happen? How can we FDIC assessments that are raised, cial and economic security of the forget that the chairman of the Fed which are about $9 billion, and there is American people. said if we do not act, we will not have the TARP program that ended 3 I also want to acknowledge Chairman an economy by Monday—4 days from months sooner than it should have. We COLLIN PETERSON who carefully nego- when we were having the conversation? were told somehow, because we were tiated some of the most contentious How can we let the status quo that cre- not going to start any new programs in positions of this legislation working ated that condition to continue? that 3 months, that somehow—hocus- with Chairwoman LINCOLN on the Sen- I urge my colleagues to choose on the pocus—it saves us about $10 billion. It ate side. All of the Democratic con- side of Main Street. I urge you to build is hocus-pocus because you cannot ferees, I thank you for your commit- a future of stability and security for spend the money on the new programs ment for making the strongest bill pos- America’s families, consumers, and in this bill and then turn around and sible and for always putting America’s small businesses. I urge you to vote suddenly pull out of a hat that same consumers first. ‘‘aye’’ on the Dodd-Frank Wall Street money and give it back to the tax- Today we will follow the lead of Reform and Consumer Protection Act. payers. It just doesn’t happen. those on the committee enacting his- Mr. BACHUS. Mr. Speaker, I yield Also, Speaker PELOSI may forget that toric legislation to bring transparency myself such time as I may consume. one of the first signs of trouble was not to our financial markets, lowering the Mr. Speaker, I hear two people that I in September of 2008 but in July of 2008 leverage that got us into this trouble know are leaders of the majority; and when we suddenly realized that Fannie in the first place, bringing tough over- they each, Mr. HOYER and Ms. PELOSI, and Freddie were insolvent and that sight to Wall Street, and bringing con- I know they appear to be sincere when many of our banks, almost all of our sumer protection to Main Street and to they say that never again will the banks, had major positions in their the American people. American people be asked to bail out shares. Why did they have major posi- By voting ‘‘yes,’’ we will pass the those on Wall Street who made reck- tions in the shares of Fannie and toughest set of Wall Street reforms in less deals; no longer will the taxpayer Freddie? They lost all of that money generations. This comprehensive and be put on the hook. because the government had said, If far-reaching legislation injects trans- b 1800 you’ll invest in that, we’ll give you a parency and accountability as it lowers special rating, and we’ll count it as the leverage and to the financial system Yet there is an inconvenient truth same as treasuries. It disappeared over- run amok under the Republicans’ reck- here for my Democratic friends, and night. less economic policies. that is the clear wording of the bill. I Now, that was in July, not in Sep- This legislation makes commonsense mean I think it is elementary that be- tember. Banks took a hit on that. The reforms that end the era of taxpayer fore we pass legislation that we read it. Democrats said at that time—and the bailouts and ‘‘too big to fail’’ financial I would not repeat this except that my Bush administration and Secretary firms. It establishes a new independent colleagues in the majority continue to Paulson—we’ve got to give $400 billion agency solely dedicated to protecting say time after time after time that to Fannie and Freddie because, in 1999, Americans from anticonsumer abuses. there is no bailout, and there is. There under the Clinton administration, you The bill closes the door on predatory is an AIG-style bailout. Now, AIG can- said let’s loan to people with poor cred- lending and regulates payday lenders. not be saved under this legislation. In it; let’s loan to people without much of It includes provisions to allow us to fact, we changed that, and we both in- a downpayment. Republicans and conduct oversight over the Fed, estab- sisted in a bipartisan way that the Democrats both rushed to use this as a lishes tough rules for risky financial AIGs of today will not survive. They source of cheap money, and it failed. practices, enhances oversight for credit will not survive under this bill. AIG, Republicans said—and still say and rating agencies, and reins in egregious under this bill—and in bipartisan way say as this bill is on the floor—wait a CEO bonuses by giving shareholders a we agree—failed. We say we put the minute. You’re going to reform these say on executive pay. AIGs into bankruptcy, and they are re- companies before you pour taxpayer It sheds light on the darkest corners solved in that way. My Democrat col- dollars in them. Every Republican in of the derivatives market and is fully leagues say that an AIG-like failing the House voted, no, we will not give paid for. And how is it paid for? By company will be put in an FDIC super- them taxpayer money until they are shutting down the Bush-era bailout vised resolution authority. reformed and there is a plan to liq- fund known as the TARP and using the Now, Mr. FRANK is correct when he uidate them. savings for financial reform. says, Wait a minute. Wait a minute. The chairman says we need to liq- As we cast our votes today, each This only occurs when these firms are uidate them. What about Fannie and Member of this body faces a choice. We being placed in liquidation. They are Freddie? Why aren’t we liquidating have had these choices before. Demo- being liquidated. them? We’re not. The biggest bailout crats wanted to rein in health insur- Well, now, I agree with him, but is that we’ve had is of Fannie and ance companies; the Republicans said there no bailout of anyone on Wall Freddie. Who did we bail out? Did we no. Democrats wanted to rein in Big Street? Well, of course there is. It is a bail out the banks that had shares? No, Oil; the Republicans said no. Demo- very expensive bailout. we bailed out the Chinese bondholders. crats want to rein in the recklessness In the Dodd-Frank bill, it is section Secretary Paulson said, You know of some on Wall Street; the Repub- 204D(1–6). I mean, go write this down. what? The Chinese might not lend us licans are saying no. Go and read it. It says that the FDIC any money. Each Member of this body will have a can, one, lend to a failing firm; two, Let me tell you that we’ll sure need choice. We can place our bet on the purchase the assets of a failing firm; the Chinese to lend us money if this side of those on Wall Street who have three, guarantee the obligation of a bill passes, because there is a deriva- gambled with our savings and lost, or failing firm; four, take a security inter- tives section in here. we can stand with Main Street and the est in the assets of a failing firm; five, Now, we have a letter that Chairman middle class. Will we preserve a status and/or sell the assets that the FDIC has PETERSON produced, which said this quo? And if this bill were to fail, we acquired from the failing firm. doesn’t affect end users, but it’s a let- would be preserving a status quo that Why would you lend a failing firm ter. The truth is we were in conference has left our economy in a wretched money? I keep asking that. The second last week when we fought this out, and state. Or will we guarantee the Amer- thing is: Where is the bailout fund in we voted for an exemption for end ican people strong reforms and effec- this bill? users. The Democrats voted against

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12449 one. We’ve been told in the past 48 Taxpayers want to see for themselves what crisis because it could destabilize the financial hours, 72 hours, by groups like the their government is doing with their money. system, possibly triggering another vicious International Swap and Derivatives As- And that includes specifically the Federal Re- cycle of government bailouts to correct the re- sociation that this bill will cost busi- serve, an institution that has unfettered pow- sults of bad government policy. nesses $1 trillion. $1 trillion. That is ers and whose errors of judgment were a con- The House should ensure that the potential capital. It doesn’t matter whether they tributing cause of the financial crisis. economic harm in these derivative provisions trade on the derivatives or if someone Monetary policy fueled the credit boom and is avoided by approving this Motion to Recom- does it for them. Someone has to post bust cycle. The Fed needs to be held account- mit and sending this defective legislation back that capital, and that goes through and able for any mistakes it has made in the past to the conference to be rewritten. is an expense for that commercial com- and any it may be making now. Failing to hold The SPEAKER pro tempore. The pany. the Fed accountable increases the likelihood time of the gentleman has expired. If you take $1 trillion out of the of those mistakes being repeated in the future, Mr. FRANK of Massachusetts. I yield economy suddenly, sure, you are going and exposes taxpayers to an unacceptable myself the balance of my time. to have a crisis like this bill antici- level of risk. The SPEAKER pro tempore. The gen- pates. This bill says, if there is such a The American people support a full audit of tleman has 73⁄4 minutes remaining. crisis, then a receiver is appointed. the Federal Reserve System to achieve the Mr. FRANK of Massachusetts. Mr. Chairman FRANK keeps saying, A re- level of transparency needed to protect tax- Speaker, to begin, I want to address ceiver is appointed. A receiver is ap- payer dollars and ensure accountability. the Members who are concerned that pointed. With each taxpayer dollar it committed dur- the interchange amendments will un- That’s right. That receiver, after 30 ing the financial crisis, the Fed assured the duly affect smaller financial institu- days, is authorized to borrow 90 per- American people they would not take losses. tions. The interchange amendment cent of the fair value of the failing American taxpayers deserve more than the wasn’t part of the bill here. It was put companies. central bank’s assurances; they deserve proof. in by a very heavy vote in the Senate, Chairman FRANK, that is $8.5 trillion. A full audit of the Federal Reserve System is and the conference process means you That money is not in this bill. There is the only way to create the openness that a compromise. not even $10 billion in this bill for this democratic society like ours demands. There is in that amendment, as Sen- type of resolution. So you have to go to The second element of the Motion to Re- ator DURBIN put it in, an exemption for the banks or you have to go to the fi- commit attempts to correct one of the most any fee setting by the Federal Reserve nancial companies or you’re going to damaging aspects of this bill and that is say- for smaller institutions. They then get it after the fact. If they’re failing, ing a lot because there are a number of seri- feared that they would be discrimi- how are they going to pay it? nated against, so we amended the I want to close with a positive. The ously misguided provisions in this legislation. Several items in the conference report will amendment with the participation of 320 Members of this House who took a the Senate, obviously. There are three stand can take a stand in just a few impact companies’ ability to create jobs. It has been reported that BP and Enron provisions that protect the smaller in- minutes. stitutions, community banks and cred- COLLIN PETERSON, Chairman PETER- have tried to manipulate markets using deriva- it unions. SON, said that there are no require- tives but we do not need any new law to regu- ments that end users post margins. We late that kind of illegal activity. It is already ille- There is an antidiscrimination provi- all agree that, if they had to, it would gal. We do need regulators to enforce the sion that says that merchants and re- be $1 trillion out of these companies. $1 rules. tailers cannot refuse to accept a debit card. There can be no discrimination trillion, according to JOE BIDEN, will The lack of an end user exemption for com- produce 700,000 to 1.4 million jobs and mercial companies in the derivatives title will against small banks for their credit will produce as many as 200,000 jobs a pull an estimated one trillion dollars of re- cards. The Federal Reserve, the in- month. So that is the hit to this econ- sources from job creation and investment. structions to the Federal Reserve, in- omy if this does apply to end users. Coincidentally, the combined stimulus pack- clude making that antidiscrimination So we have a motion to recommit. ages enacted in the last two years also work, and we can guarantee people we First, it says there is an exemption on amounts to about one trillion dollars. Vice will do it. end users. Now, you have said that President Biden told us on June 2nd that the So, yes, as the amendment passed the there is one, and you have this letter Obama stimulus package alone would result in Senate, it said that these smaller insti- from Chairman DODD and BLANCHE LIN- the creation of between 700,000 and 1.4 mil- tutions were exempt but that they COLN saying there is one, so that’s half lion jobs in the remainder of 2010. Under the might have suffered discrimination. of it. So you’d vote for that because vice president’s logic, diverting one trillion dol- They are protected in this bill. That’s you’re saying it’s in there. lars from productive commercial business cap- why, for instance, the small banks in Secondly, there is the Federal audit. ital could presumably destroy up to 1.4 million Illinois have endorsed this bill. We need the taxpayers to demand—and jobs. I also want to talk briefly about the voters are demanding—of Mr. Instead of allocating precious resources to what has happened with the TARP. We HOYER transparency at the Fed. They hire more people or increase wages, commer- had the two last Republican speakers. are spending trillions of dollars. They cial companies will have to post capital every One hailed the CBO as an unassailable are committing trillions of dollars. time they enter into a derivatives contract to authority. Then the final speaker said Let’s have this audit of the Fed. hedge against legitimate business risk. it was hocus-pocus. It is apparently un- Mr. Speaker, the American people are sick If this legislation—supposedly intended to assailable hocus-pocus, which I don’t and tired of back room deals and secret ma- regulate the financial services industry—is en- want to get into. It’s too late at this nipulations of the economy to benefit political acted, capital requirements will force non-fi- time. cronies at the expense of taxpayers. nancial companies to abandon legitimate This is how the TARP thing works. The voters and taxpayers are demanding hedging strategies and accept excessive vola- There are two parts to the TARP. The transparency and accountability and they will tility at a cost that will ultimately be borne by bill does say that repayments go to not be pacified with false promises or mis- their customers and employees. debt relief. There have been substantial direction. Calling a bank tax an ‘‘assessment’’ Margin requirements for ‘‘end-users’’ are not repayments from the banks, and those fools no one, especially the voters. a new issue for Members of the House. Chair- go to debt relief. They are unaffected That’s why I will be offering a motion to re- man FRANK tried to insert an amendment in by the amendment. What the amend- commit at the conclusion of this debate that the House bill last December which would ment says is there are still tens of bil- will replace the weak Federal Reserve Audit in have explicitly allowed regulators to set margin lions of dollars of TARP money that the conference report with a robust provision requirements for end-users. It failed over- could be committed. The amendment patterned after a bill co-sponsored by 320 whelmingly, by a vote of 150 to 280. we adopted in conference says no more, members of this House when it was offered by Withdrawing a trillion dollars from the private that they cannot do that. That’s where Congressman PAUL. sector could well sow the seeds of the next the savings comes. So the savings

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12450 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 comes from not allowing additional Freddie Mac. Then, in 2004, President often minorities, who would otherwise TARP spending. Bush said to Fannie Mae and Freddie not have qualified for a mortgage. In You know about the Republicans Mac, I order you. He had the power and the name of consumer protection, Mr. with regard to cutting off TARP? They he used it. He used it to order them to FRANK’s legislation will ensure that far were for it before they were against it. increase their subprime lending pur- fewer of these loans are issued in the They used to be all for cutting out the chases. By the way, he wasn’t alone in future.’’ TARP until it came up here. Now, let that. A June 22 article from the Wall Yeah. Unfortunately, a couple of me say I don’t like that way to do it. Street Journal quotes a Member of years too late, because we couldn’t get I prefer what we had in our provision, Congress, in 2005, at a hearing, saying, that through. But the Wall Street which was to assess the Goldman ‘‘With the advent of subprime lending, Journal was right, we would limit Sachs, JPMorgan Chase, Mr. Paulson’s countless families have now had their them, but wrong, along with the gen- hedge fund. That’s the way we wanted first opportunity to buy a home or per- tleman from Texas (Mr. HENSARLING) to do it, but we couldn’t get it through haps be given a second chance.’’ Fail about the subprime loans. And I also the Republicans in the Senate. So, once. Get it again. wanted to do affordable rental housing, first, Republicans in the Senate tell us, The American Dream should never be which that administration opposed. Don’t do it. Then other Republicans in limited to the well-offs or to those con- This bill has the biggest package of the Senate say, Why didn’t you do it? sumers fortunate enough to have ac- increased consumer protections in the So I’ll make Members a pledge right cess to prime rate loans. That is from history of America. And it doesn’t ban now: The committee I chair will, I the gentleman from Texas (Mr. HEN- products or ration products. It says hope, bring out a bill that revives that SARLING). So George Bush wasn’t alone there is going to have to be fair deal- assessment on the financial institu- in that. ing. This bill says that there is a fidu- tions above $50 billion and the hedge Then 2007 came, and the Democrats ciary responsibility on people selling funds. So Members who missed it will took power. We passed a bill, for the products to individual investors for the get a chance to show us they really first time in this House, to regulate first time. It gives the SEC the power care. We will bring them there, and we Fannie Mae and Freddie Mac. Sec- to do it, and they are going to do it. will have that come forward. retary Paulson liked the bill. He said it This bill reforms the system, and I Now, I do want to talk a little bit didn’t go as far as he would have liked, hope it is enacted. about subprime lending and about the but it was a good bill. In 2008, it finally partial history we get. This conference report would not have been The fact is that the Republican Party passed, and Fannie Mae and Freddie possible without the hard work of staff on both controlled the House and the Senate Mac were put in a conservatorship. sides of the Capitol. I thank them for their ef- from 1995 to 2006. During that period, They were the first major institutions forts and submit the following list: they showed remarkable restraint. As to be reformed. WALL STREET REFORM—STAFF eager as they were to restrain By the way, in 2007, in this House, we HOUSE FINANCIAL SERVICES COMMITTEE subprime lending and as passionate as also passed a bill to control subprime Jeanne Roslanowick they were to reform Fannie Mae and lending. Now, the gentleman from Ala- Michael Beresik Freddie Mac, they didn’t do it. That’s a bama had been the chairman of the David Smith degree of abstinence unparalleled in subcommittee with jurisdiction over Adrianne Threatt subprime lending during some of those Andrew Miller political history. They were in charge. Daniel Meade Whose fault was it? Apparently, it Republican years, and he never pro- duced a bill. He said it was our fault. Katheryn Rosen was our fault. It was my fault. As I said Kate Marks before, people have accused me of being He wrote us a letter—myself, Mr. WATT Kellie Larkin this secret manipulator of Tom DeLay. of North Carolina, and Mr. MILLER of Tom Glassic Well, if that were the case, you North Carolina—and we didn’t tell him Rick Maurano wouldn’t have cut taxes for very rich we’d vote for it. Tom Duncan people. You wouldn’t have gone to war You know, I wish I could have it Gail Laster in Iraq. As I said, if he were listening back. I wish I knew I was secretly in Scott Olson to me, he wouldn’t have gotten on the charge of the Republican agenda. I Lawranne Stewart wish I knew they wouldn’t do anything Jeff Riley dance show. So I don’t take responsi- Steve Hall bility for Mr. DeLay. The Republican unless I said they could and that they Erika Jeffers Party didn’t do it. would do something if I said they Bill Zavarello Now, the gentleman from California should, but no one told me. Where were Steve Adamske (Mr. ROYCE) said he tried in 2005. He they when I needed them to be more Elizabeth Esfahani had an amendment to the bill of Mr. powerful? He didn’t bring it forward. It Daniel McGlinchey Oxley. Mr. Oxley, the Republican chair- wasn’t my fault. The Republicans Dennis Shaul man of the committee, brought out a never checked with me as to what they Jim Segal Brendan Woodbury bill. Mr. ROYCE didn’t like it. He were supposed to do. brought up his amendments. If no Dem- Patty Lord In 2007, we did pass such a bill to re- Lois Richerson ocrat had voted either in committee or strict subprime lending, and The Wall Jean Carroll on the floor of the House on that bill, Street Journal attacked us. It said it Kirk Schwarzbach it would have looked exactly as it was a ‘‘Sarbanes-Oxley’’ for housing. Marcos Manosalvas looked. The majority was Republican. Sarbanes-Oxley is about as nasty as Marcus Goodman So, apparently, the gentleman from you can get in The Wall Street Jour- Garett Rose California (Mr. ROYCE) wasn’t able to nal, and here is what they said about Todd Harper persuade even a third of his fellow Re- subprime lending in 2007. Kathleen Mellody publicans to vote with him. Jason Pitcock I’m sorry he wasn’t able to do better. b 1815 Charla Ouertatani So maybe that is why George Bush Amanda Fischer I’m not an expert in how to get Repub- Keo Chea licans to vote with you, so I can’t offer expanded subprime lending. Sanders Adu him any help. Maybe he can find some- The Wall Street Journal said in 2007, Hilary West body who can teach him how to get complaining about our bill, ‘‘But for all Flavio Cumpiano better votes among Republicans, but the demonizing, about 80 percent of Karl Haddeland it’s not our fault that the Republican even subprime loans are being repaid Glen Sears Party didn’t do it. on time and another 10 percent are Stephane LeBouder By the way, in 2003, I did say I didn’t only 30 days behind. Most of these new OFFICE OF REP. CAROLYN MALONEY see a problem with Fannie Mae and homeowners are low-income families, Kristin Richardson

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12451 OFFICE OF REP. GREGORY MEEKS Almost two years ago, this House was faced tent of Congress with a thorough and objective Milan Dalal with painful dilemma: risk the collapse of our analysis in this regard. OFFICE OF REP. MARY JO KILROY financial system and a second Great Depres- Mr. DAVIS of Illinois. Mr. Speaker, we are Noah Cuttler sion, or take action to stabilize financial mar- gathered today with the opportunity to imple- OFFICE OF REP. GARY PETERS kets. The comprehensive financial regulatory ment Wall Street reform, and help make our fi- Jonathan Smith reform before us will help to ensure that we nancial markets safer for everyday American HOUSE AGRICULTURE COMMITTEE are never again forced to choose between citizens, investors, and small businesses. At Clark Ogilvie bailing out banks and saving our economy. the center of our efforts today is the concept In the run up to the financial crisis, rampant HOUSE BUDGET COMMITTEE of power, and what it means to those who speculation, and in some cases fraud, in the Greg Waring have it, and those who don’t. Baltasar residential housing and mortgage markets Gracian, a renowned Spanish Jesuit writer, HOUSE ENERGY AND COMMERCE COMMITTEE combined with an explosion of complexity in Phil Barnett once said that ‘‘The sole advantage of power our financial markets to create a bubble that is that you can do more good.’’ Michelle Ash when it burst, rippled through our entire econ- Anna Laitin omy. The financial crisis that began in 2008 I think many people would agree with me HOUSE JUDICIARY COMMITTEE was the worst since the Great Depression and that the corporations and executives on Wall George Slover was enabled and made worse by a lax regu- Street have considerable power. The question HOUSE OVERSIGHT AND GOVERNMENT REFORM latory environment that for many years failed remains, however, whether they are using that COMMITTEE to properly supervise financial markets and power to do good things. People will point out, Mark Stephenson control the risks Wall Street was creating. and I agree, that they are making many peo- Adam Miles Under the bill before us, for the first time, ple very wealthy, but at what cost? For too HOUSE LEGISLATIVE COUNSEL there will be a federal regulatory body with the long corporate interests have been allowed to Jim Wert responsibility to identify and address systemic dominate decision making in America’s finan- Marshall Barksdale risks to our economy. Transparency will be cial capital, and many times, this has meant Brady Young unfair and predatory practices. As lawmakers, Jim Grossman brought to derivatives markets so that these complex financial instruments cannot transmit we should set out to make our financial mar- SENATE BANKING COMMITTEE shockwaves through our financial system. kets a more evenhanded place for our citi- Ed Silverman Consumers will be able to get the clear, accu- zens, and the consumers that put their trust Amy Friend and money on the line. Jonathan Miller rate information they need to shop for credit Dean Shahinian cards, mortgages and other financial products, One of the key things that H.R. 4173 will do Julie Chon rather than being sold products that are too is to create a Consumer Financial Protection Charles Yi good to be true by unregulated lenders who Bureau, tasked with the responsibility of mak- Marc Jarsulic know they are unaffordable. ing sure consumer lending practices are fair. Lynsey Graham Rea Catherine Galicia Mr. Speaker, the Wall Street Reform and Also, under the Volcker rule, large financial in- Matthew Green Consumer Protection Act will restore responsi- stitutions would no longer be allowed to en- Deborah Katz bility, accountability and transparency to our fi- gage in risky trading using federal dollars, Mark Jickling nancial markets. I urge all of my colleagues to supported by taxpayers. Throughout the many Donna Nordenberg stand with the working Americans who have various initiatives and stipulations in the bill, Levon Bagramian been the victims of the financial crisis rather one theme is clear: protecting American citi- Brian Filipowich Drew Colbert than defend a discredit ideology that says gov- zens, and maintaining a fair market that allows Misha Mintz-Roth ernment is always wrong and markets are al- both informed consumers and powerful finan- Lisa Frumin ways right. We have seen in the last two cial markets to thrive in tandem. William Fields years that markets can get out of control, and H.R. 4173 does not set out to take power Beth Cooper we need appropriate structures in place to en- away from those on Wall Street, but to make Colin McGinnis sure that our financial markets work for all Neal Orringer sure they use their many strengths and abili- Kirstin Brost Americans. ties for the benefit of the average American in- Peter Bondi Mr. BACHUS. Mr. Speaker, I want to add vestor and small business owner. I rise in sup- Sean Oblack these comments regarding Section 913 of the port of H.R. 4173, the Restoring American Fi- Steve Gerenscer Report calling for a review by the Securities nancial Stability Act of 2010, knowing that the Dawn Ratliff and Exchange Commission, SEC, of the cur- benefits and wealth for the few should not Erika Lee rent regulation of investment advisers and Joslyn Hemler come at the cost of the many. Caroline Cook broker-dealers. The Conference Report on H.R. 4173 di- Mr. PETERSON. Mr. Speaker, I rise today Robert Courtney to discuss some of the jurisdictional issues Abigail Dosoretz rects the SEC to conduct a study to evaluate that arise out of Title VII of H.R. 4173. The bill SENATE AGRICULTURE COMMITTEE the effectiveness of current standards—both at the state and federal levels—with respect to brings a new regulatory regime to swaps as it Robert Holifield will be defined under the Commodity Ex- Brian Baenig investment advisers and broker-dealers when Julie Anna Potts providing personalized investment advice and change Act, CEA. Title VII of H.R. 4173 ex- Pat McCarty recommendations about securities to retail tends the Commodity Futures Trading Com- George Wilder customers. mission’s, CFTC’s, exclusive jurisdiction under Matt Dunn Before the SEC proceeds with any new the CEA to also include swaps, except as oth- Elizabeth Ritter rules and regulations in this area, it is critically erwise provided elsewhere in Title VII. Also in- Stephanie Mercier cluded in Title VII are two savings clauses for Anna Taylor important that the unique roles of different fi- Cory Claussen nancial professionals, their distinct relation- the Securities and Exchange Commission, SEC, and one for the Federal Energy Regu- SENATE LEGISLATIVE COUNSEL ships with their customers, and the nature of latory Commission, FERC. Rob Grant the services and disclosures they provide be Alison Wright fully examined and well understood. These de- Title VII allocates authority over swaps and Kim Albrecht-Taylor finitive factors should provide information to security-based swaps as follows. First, the Colin Campbell guide the SEC in determining if any new rules CFTC has exclusive jurisdiction over swaps, Laura McNulty Ayoud and regulations are needed and defining the including swaps on broad-based security in- CONGRESSIONAL RESEARCH SERVICE details of any such measures that might be dexes. Within the swap definition is a category Baird Webel proposed. of swaps called security-based swap agree- Mr. LEVIN. Mr. Speaker, I rise in strong The conferees included the requirement for ments. For this specific category of swaps, the support of H.R. 4173, the Wall Street Reform a comprehensive study for these purposes, CFTC will continue to exercise its full jurisdic- and Consumer Protection Act. and I anticipate that the SEC will follow the in- tional authority, while the SEC may exercise

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00053 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12452 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 certain specific authorities over these prod- against the well-being of the American public. couraging them to lend money to create jobs ucts, as outlined in Title VII. Title VII also clari- And, as all of us know, broken regulations, in the private sector. fies that the SEC has jurisdiction over secu- greed, and incessant risk taking on Wall Street I urge the conference committee to return to rity-based swaps, which are swaps on narrow- cost each one of us—the American tax- work on the Dodd-Frank bill so it can fine tune based security indexes and single securities, payers—who helped to save our economy the bill’s new regulatory authority in a way that and that the two agencies share authority over from ruin in the fall of 2008. cracks down on Wall Street financial firms and mixed swaps. From the beginning of this crisis, I have felt irresponsible mortgage lenders without unduly Nothing in the SEC savings clauses, or any strongly that Congress ought to consider au- targeting America’s community banks. This ac- other provision of Title VII, alters the existing thorizing tough new regulations on Wall Street tion would be in the best interest of financial jurisdictional divide between the CFTC and to help shine a brighter light on extremely system reform and of the overall economic SEC established by the Johnson-Shad Accord complex financial transactions. well being of small town America. which, among other things, provides the CFTC In my view, writing into law mechanisms Ms. CORRINE BROWN of Florida. Mr. exclusive jurisdiction over futures (and options that prevent financial institutions from getting Speaker, I rise today to speak about H.R. on futures) on broad-based security indexes. ‘‘too big to fail;’’ that reform the Federal Re- 4173, the Wall Street Reform and Consumer Nor do these savings clauses, or any other serve; that better regulate hedge funds, secu- Protection Act. provision of Title VII, divest or limit the author- rities, derivatives and credit rating agencies; Credit unions have been good stewards of ity that the CFTC shares with the SEC over and that give shareholders a greater say in our money. I say our money, because while security futures products as authorized by the the compensation of financial company execu- they have not been eligible for any of the Commodity Futures Modernization Act of tives makes good sense and, if done properly, TARP funds, they have not been involved in 2000. would help to ensure American taxpayers are the subprime loan situation many have blamed This bill also clarifies the authorities of the never again put on the hook for Wall Street’s as causing this economic crisis. When the CFTC and FERC over financial instruments— misbehavior while creating an environment for stimulus went into effect, Credit Unions were both swaps and futures—traded pursuant to responsible market innovation. the only ones trying to lend money. FERC or state approved tariffs or rate sched- But, as important as new regulations are for I have been hearing a lot from the credit ules. our country, Congress must be careful in au- unions and community banks in my district re- Section 722 preserves FERC’s existing au- thorizing them. We must direct regulations at garding the debit interchange provision. I am thorities over financial instruments traded pur- Wall Street and other bad actors while not very concerned that the interchange provision suant to a FERC or state approved tariff or wrapping America’s home town financial insti- may have the unintended consequence of ad- rate schedule, which under current law does tutions into costly and complex sets of new versely affecting these small financial institu- not extend to CFTC-regulated exchanges and rules, such as those associated with the new tions. I know they are intended to be carved- clearinghouses, because these are within Consumer Financial Protection Bureau. Com- out of this provision and I hope that my col- CFTC’s exclusive jurisdiction. The CFTC’s au- munity banks and credit unions are the heart leagues will join me in encouraging the Fed- thorities over futures and swaps traded pursu- of small towns across this country. For years, eral Reserve and the card payment networks ant to FERC or state approved tariffs or rate they have been conservative with their money to make sure that the carve-out envisioned schedules are also fully preserved. The bill and played by the rules. They ought not be under this provision is meaningful and effec- further specifies that, outside of regional trans- forced to pay the price for Wall Street’s trans- tive. mission organizations/independent system op- gressions. I was pleased to read the statement from erators (RTOs/ISOs) markets, the CFTC shall The Dodd-Frank Wall Street Reform and Chairman FRANK restating his views of the continue to have exclusive jurisdiction over fi- Consumer Protection Act is well-intentioned, interchange amendment included in the con- nancial instruments traded on CFTC-regulated and I support much of the legislation. But the ference report. I urge him to work with the exchanges, such as NYMEX or ICE, traded measure falls short in my goal to target Wall Credit Union National Association as it works through swap execution facilities, or cleared Street without disrupting Main Street banks with the Fed to ensure that credit unions with on CFTC-regulated clearinghouses. and credit unions and their customers. under $10 billion in assets were held exempt To avoid the potential for overlapping or du- Home town financial institutions help to gen- from the Fed interchange changes. Chairman plicative FERC and CFTC authority, the bill erate jobs and economic development in rural FRANK’s statement gives the Fed strong guid- provides the CFTC with the authority to ex- America by lending to families, small busi- ance to follow when this bill becomes law. empt financial instruments traded within an nesses, and farmers. They will be key to our In conclusion, the Interchange language ex- RTO/ISO from CFTC regulation if the CFTC nation’s economic recovery and should be empts all community banks and credit unions determines the exemption would be consistent guaranteed more, not less, economic certainty with under $10 billion in assets. To achieve with the public interest and the purposes of by Congress. The uncertainty associated with this, we: included language that explicitly pro- the Commodity Exchange Act. the Dodd-Frank bill is why it is opposed by hibits intra-brand discrimination. Thus, if a Section 722 also preserves FERC’s anti-ma- Missouri’s small town banks and credit unions merchant takes a Visa debit card, it must take nipulation authority as it currently exists under and by many in our nation’s business commu- all Visa debit cards. Also exempted credit the Federal Power Act and the Natural Gas nity. cards. As Chairman FRANK has noted, ‘‘for Act prior to enactment of this legislation. Creating more economic certainty for Mis- good measure . . . merchants and retailers Mr. SKELTON. Mr. Speaker, thriving capital souri’s business community and improving cannot discriminate against small banks for markets depend upon innovation to grow the rural economic development have been prior- the credit cards they issue.’’ Furthermore, economy and to generate jobs. Yet, market in- ities for me during the 111th Congress. It is when the Federal Reserve issues rules regu- novation must be conducted responsibly and why I have sought to cut small business taxes lating interchange fees, it is directed, in Chair- must be carefully monitored by public regu- and to cut red tape associated with govern- man FRANK’s words, ‘‘to ensure that commu- lators to ensure Wall Street’s complex finan- ment backed small business loans, opposed a nity banks and credit unions remain exempt cial transactions do not put at risk the savings massive health insurance overhaul bill, urged from the requirements and are able to con- of average American families or the national bank regulators to consider easing restrictive tinue to issue their debit cards without any economy as a whole. The famous quote by capital requirements on small banks that want market penalty.’’ U.S. Supreme Court Justice Louis Brandeis in- to issue loans, and supported a $30 billion This exempts all but three credit unions na- dicating that ‘‘sunlight is the best disinfectant’’ small business lending fund program to allow tionwide. certainly applies to Wall Street. community banks to lend money to healthy Beyond this, here are additional measures In recent years, market innovation ran afoul small businesses that want to expand and hire in the Interchange amendment that more of public regulators as financial giants gam- workers. broadly benefit working families: fixed states’ bled with the savings of working families and Wall Street reform is badly needed and the concerns by removing government-adminis- placed irresponsible bets that put in jeopardy Dodd-Frank bill is a step in the right direction. tered pay programs from interchange fee reg- America’s financial well being. Titans of the fi- However, I cannot lend my support to a bill ulation. Fixed concerns of pre-paid folks who nancial industry acted not to promote the gen- that places costly new regulations on Mis- offer services to the under-banked by remov- eral welfare of the United States, as is out- souri’s home town banks and credit unions at ing them from interchange fee regulation. With lined in the preamble to our Constitution, but a time when the government ought to be en- respect to this, we also added pro-consumer

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language that SANDER LEVIN has in a bill to Mr. BLUMENAUER. Mr. Speaker, I rise ing all of the company’s assets, additional prohibit overdraft fees and fees on the first today to support the Conference Report on costs would be covered by a ‘‘dissolution monthly ATM withdrawal using one of these H.R. 4173—the Dodd-Frank Act of 2010. This fund,’’ to which all large financial firms would cards. Ensured that USDA’s SNAP, food legislation will strengthen our financial system contribute. stamp, program is not affected. by providing new rules that bar big banks and The dissolution of a failing firm will be paid I look forward to passage of this bill and the Wall Street investment houses from the risky for first by shareholders and creditors, fol- fair treatment of Credit Unions by the Federal practices that badly damaged our economy. lowed by the sale of any remaining assets of Reserve. The legislation also enacts new consumer pro- the failed company. Any shortfall that results is Mr. HASTINGS of Florida. Mr. Speaker, I tections to block predatory lending practices paid for by the financial industry. The bill re- want to commend Chairman FRANK on an ex- and financial gimmickry. quires big banks and other financial institu- traordinary effort and for his dedicated leader- It was famously remarked by Professor Eliz- tions, those with $50 billion in assets, to foot ship in bringing this bill to the floor. I look for- abeth Warren that it is ‘‘impossible to buy a the bill for the failure of any large, inter- ward to supporting this legislation. toaster that has a one-in-five chance of burst- connected financial institution posing a risk to Before that however, I would like to clarify a ing into flames and burning down your house. the entire financial system, as AIG did in the few points as they pertain to the intent of this But it is possible to refinance an existing home run-up to the 2008 financial crisis. Financial in- bill. with a mortgage that has the same one-in-five stitutions will pay assessments based on a It is my understanding that certain provi- chance of putting the family out on the street.’’ company’s potential risk to the whole financial sions which are intended to improve access to With passage of this bill, Congress has en- system if they were to fail. Before regulators mainstream financial institutions are not in- sured stronger protections for families and can dissolve a failing company, a repayment tended to further limit access to credit and small businesses by ensuring that bank loans, plan to charge Wall Street firms and big banks other financial services to the very consumers mortgages, and credit cards are fair, afford- must be in place to recoup any cost associ- who are already underserved by traditional able, understandable, and transparent. The bill ated with the shutdown. banking institutions. has been called the ‘‘strongest set of Wall It has been remarked that the markets will As the Chairman knows, each year, over 20 Street reforms in three generations’’ by Pro- discipline themselves, that all that stands be- million working American families with deposi- fessor Warren. I am proud of my work with tween poverty and wealth is some mythical tory account relationships at federally insured Professor Warren and I commend her efforts regulatory barrier. But that is not what we financial institutions actively choose alternative in strengthening this bill. found in the financial world and not what re- sources and lenders to meet their emergency The financial crisis cost us 8 million jobs cent history illustrated. Instead, the market al- and short-term credit needs. and $17 trillion in retirement savings. It was lowed participants to take wild reckless risks. These alternative sources and lenders often the worst financial crisis since the Great De- This legislation reins in these irresponsible offer more convenient and less expensive pression. The financial crisis limited invest- risks that cost us millions of jobs, millions of products and services than the banks or credit ment, cost jobs, put families on the street, and hours of economic productivity, millions of unions where these consumers have relation- has ushered in a sense of financial anxiety homes that have been foreclosed, and trillions ships. that limits American imagination and oppor- in American savings. I look forward to passing Further, as the demand for short-term, small tunity. this important legislation. dollar loans continues to increase as a result The Dodd-Frank Act establishes a strong Mr. STARK. Mr. Speaker, I rise today in of the current economic environment, non-tra- set of consumer protections, including a Con- support of the Wall Street Reform and Con- sumer Protection Act. This bill will protect con- ditional lenders have filled the void left by sumer Financial Protection Bureau that will be sumers from ever again being forced to bail mainstream financial institutions in many of led by an independent director appointed by out private financial institutions and brings our nation’s underbanked communities. the President and confirmed by the Senate, overdue oversight to our financial markets. I agree with the Chairman that lenders with a dedicated budget in the Federal Re- We learned the hard way that when private should meet this demand responsibly with serve. The Bureau will write rules for con- financial institutions grow too large, their fail- clear, well-disclosed product terms and condi- sumer protections governing all financial insti- ure will put our entire financial system and tions that do not encourage consumer de- tutions—banks and non-banks—offering con- economy in peril. Mammoth companies like pendence and indebtedness. sumer financial services or products and over- AIG, Citigroup, and Bank of America took ex- I would also stress that regulation of this see the enforcement of federal laws intended cessive risks and invested in risky financial sector of the market should ensure strong to ensure the fair, equitable and nondiscrim- products. When the economy turned, it was consumer protections while encouraging a inatory access to credit for individuals and taxpayers that bailed them out. broad range of product offerings without dis- communities. The bureau will roll together re- This bill imposes new requirements to dis- crimination as to the type of lender. sponsibilities that are now spread across courage companies from becoming too large Therefore, regulation of short-term credit seven different government entities, providing and unstable. Financial institutions will be pro- products and of the lenders who offer them, consumers with a single, accountable, and hibited from taking on excessive debt. The whether they be traditional financial institutions powerful advocate. new Volcker Rule will limit the amount of or non-traditional lenders, should not be used The legislation also establishes strong mort- money a bank can invest in hedge funds and to single out an entire sector. gage protections. The bill requires that lenders otherwise use to gamble for its own benefit. Rather, it should be well-balanced and car- ensure that their borrowers can repay their Risky derivatives contracts owned by the ried out in a manner that encourages con- loans by establishing a simple federal stand- banks will be subject to regulatory oversight sumer choice, market competition, and strong ard for all home loans. Lenders also are re- and approval by government agencies. The protections. quired to make greater disclosures to con- bill also arms regulators to dismantle failing fi- It is my sincere hope that this legislation is sumers about their loans and will be prohibited nancial companies at the expense of the fi- designed to carefully and fairly police the fi- from unfair lending practices, such as steering nancial industry, not taxpayers. nancial services industry, treating similar prod- consumers to higher cost loans. Lenders and This bill does more than just rein in the fi- ucts in the short-term credit market equally mortgage brokers who fail to comply with new nancial institutions, it will also protect families. while encouraging lending practices that are standards can be held accountable by con- I strongly support the provision that will create fair to consumers. Is this the intent of the leg- sumers for as much as three-years of interest a new Bureau of Consumer Financial Protec- islation? payments, any damages, and any attorney’s tion. This independent bureau within the Fed- I thank the Chairman, commend his contin- fees. eral Reserve will be on the front lines pro- ued efforts to pass meaningful financial regu- The Dodd-Frank Act also disciplines Wall tecting taxpayers from predatory lenders and latory reform this Congress, and thank him for Street. It imposes tough new rules on banks to other unfair practices by mortgage brokers, his previous efforts to ensure we responsibly prevent the risky financial practices that led to banks, student lenders, and credit card com- address the role of non-traditional financial in- the financial meltdown. Taxpayers will no panies. stitutions. I look forward to continuing our work longer pay the price for Wall Street’s irrespon- The bill goes a long way to prevent another together in this matter and as we further our sibility. The bill creates a process to shut foreclosure crisis by reforming the mortgage efforts to put our nation back on solid financial down large failing firms whose collapse would industry. The bill prohibits pre-payment pen- footing. put the entire economy at risk. After exhaust- alties that trap borrowers into unaffordable

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00055 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.001 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12454 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 loans. It outlaws financial incentives that en- ordering a study of the entire securities indus- The American people are tired of the rhet- courage lenders to steer borrowers into com- try. This measure will also increase investor oric. They want solutions. plicated high-interest loans. There will be pen- protections by strengthening the Securities What’s ‘‘out of touch’’ are politicians who alties for lenders and mortgage brokers who and Exchange Commission and boosting its care more about elections and campaign ads do not comply with these new standards. If a funding level. For the first time ever, the over- than they do about solutions. bad credit score negatively impacts someone the-counter derivatives marketplace will be What’s ‘‘out of touch’’ are politicians who in a hiring decision or a financial transaction, regulated and hedge funds will have to reg- pass 2,000 page bills that will destroy jobs, at the consumer will have free access to their ister with the SEC. And the bill takes steps to a time when 1 in every 10 Americans from our score. reduce market reliance on the credit rating workforce is out of work. This bill could be better. Breaking up the big agencies and impose a liability standard on What’s ‘‘out of touch’’ are politicians who banks would be the most effective tool to bring the agencies. This legislation will help create believe it’s OK to force responsible Americans reform to Wall Street. This financial reform bill an environment in which financial institutions to use their tax dollars to subsidize irrespon- will usher in a new era for both financial insti- take care of—and are held accountable to— sible behavior. tutions and consumers. Banks will have to their shareholders and customers. Under this bill, Americans will have no learn to operate under increased scrutiny and I would like to thank the committees for their choice but to keep on subsidizing the irrespon- face immediate consequences when they work on this bill, and especially want to thank sible behavior that got America into this mess. don’t play by the rules. I support the Wall Chairman FRANK for his leadership on this There is no reform to Fannie Mae and Street Reform and Consumer Protection Act strong reform measure. This legislation rep- Freddie Mac. There’s just 2,000 new pages of and urge my colleagues to do the same. resents a tremendous accomplishment for this bigger government, private sector mandates, Mr. LANGEVIN. Mr. Speaker, I rise in strong Congress and this country. It is an urgently and unintended consequences. support of the conference report to H.R. 4173, needed response to a crisis that should never The American people are sick and tired of the Dodd-Frank Wall Street Reform and Con- have been allowed to happen, and its protec- it. sumer Protection Act, which closes frequently tions and reforms will benefit Americans for Mr. Speaker, when are we going to stop exploited loopholes in our regulation system, generations to come. I encourage all my col- forcing responsible American citizens to sub- puts an end to rewarding reckless invest- leagues to vote for this bill. sidize irresponsible behavior? ments, and demands responsibility and ac- Mr. BOEHNER. Mr. Speaker, the legislation When are we going to stop passing massive countability from Wall Street to prevent an- before us fails the American people. bills that destroy jobs? other economic collapse. Americans have suffered through a financial When are we going to start working on real Over the past few years, the irresponsible meltdown. A serious financial meltdown that solutions to the challenges facing this country? actions of financial institutions and corpora- destroyed millions of jobs and wiped out the Apparently, not today. tions have provided countless illustrations of savings of millions of American families. A I urge my colleagues—vote ‘‘no’’ on this job- the need to fix our broken system. As a result devastating meltdown that slowed our econ- killing bill, and let’s get to work on a real re- of the financial crisis, our country shed eight omy, and raised new doubts about whether it’s form bill that will fix the problems that led to million jobs and Americans lost $17 trillion in even possible any longer to pursue the Amer- the financial meltdown. retirement savings and net worth. My home ican Dream. Mr. FATTAH. Mr. Speaker, I rise in strong state of Rhode Island was on the front lines of The legislation before us will do nothing to support of the Conference Report to Accom- abusive and predatory lending practices, prevent it from happening to the American pany H.R. 4173, the Wall Street Reform and which led to one of the country’s highest fore- people again. Consumer Protection Act of 2010. Rectifying closure rates, and has endured devastating The fact of the matter is, the financial melt- the worst economic crisis to impact the finan- job loss, now suffering the fourth highest un- down was triggered by government mortgage cial markets since the Great Depression, the employment rate in the nation at 12.3 percent. companies, giving too many high-risk loans to Wall Reform and Consumer Protection Act of Like my constituents, I have been angered people who couldn’t afford them. And it was 2010 outlaws many of the egregious industry by the greed exhibited by Wall Street and the policies of the leadership of this Congress practices that marked the subprime lending other companies that took advantage of their that allowed it to happen. boom, ensuring mortgage lenders make loans investors, preyed on our citizens, and re- This legislation will do nothing—nothing—to that benefit the consumer rather than warded executives with outrageous pay pack- fix those mistakes. incentivizing self-dealing profit maximization. ages. With this bill, consumer protection will The bill is more than 2,000 pages long. come first, and irresponsible companies will be In supporting this legislation, Congress cor- That in and of itself is an outrage. Haven’t rects the failures of the financial sector, pre- held accountable for their actions. H.R. 4173 we learned our lesson yet? Any bill produced establishes the Consumer Financial Protection venting the calamity that transpired after the by this Congress that is 2,000 pages long collapse of the financial markets from reoccur- Agency, which will protect families and small can’t possibly be good for jobs, or freedom, or businesses by ensuring that bank loans, mort- ring in the future. our economy. One of the critical components of this legis- gages, credit cards and other financial prod- In those 2,000 pages, there is not a single lation is the adoption of a provision that will ucts are fair, affordable and transparent. reform made to Fannie Mae or Freddie Mac, end the practice of acting on behalf of finan- These new protections are targeted and fair: the government mortgage companies at the cial institutions due to the determination that Merchants will be excluded from the oversight heart of the meltdown. they are ‘‘too big to fail.’’ Taxpayers will no of the CFPA, and small banks and credit Mr. Speaker, this is not reform. It’s more of longer be asked to subsidize failing institutions unions will not be subject to undue regulatory the same. burdens. There will also be coordination with This is not change. It’s the status quo. due to their potential negative impact on the other regulators when examining banks to pre- It’s a sham. economy. The bill creates a new structure in vent undue regulatory burden. Things could have been different. We could which the orderly dissolution of failed financial This measure also establishes an orderly be here today passing a bipartisan bill to re- firms can occur without fear of financial panic. process for dismantling large, failing financial form government-sponsored enterprises like The bill also imposes tough new capital and institutions like AIG or Lehman Brothers, Fannie Mae and Freddie Mae. Republicans, leverage requirements that create a disincen- which will protect taxpayers and prevent ripple led by SPENCER BACHUS, offered such a pro- tive for financial institutions to get too large effects throughout the rest of the financial sys- posal. without adequate structural support to ensure tem. This bill also discourages financial institu- Instead of reforming Fannie and Freddie, the financial soundness of the institution. Fur- tions from taking too many risks by imposing we’re doing this 2,000 page monstrosity that thermore, the bill establishes rigorous stand- tough new capital and leverage requirements. will destroy jobs. ards for financial institutions in order to better Most importantly, there will be no more tax- Mr. Speaker, what are we thinking? What protect the economy and American con- payer bailouts for ‘‘too big to fail’’ institutions. are we doing? sumers, as well as investors and businesses. This legislation will also effectively end new Today the president of the United States Another important component of this legisla- lending under the Troubled Asset Relief Pro- was in Wisconsin. He gave remarks there tion is the creation of a new independent gram. chastising Republicans for our objections to watchdog within the Federal Reserve that pro- Additionally, H.R. 4173 responds to the fail- this bill. He suggested those who oppose the vides consumers with clear and accurate infor- ure to detect frauds like the Madoff scheme by legislation before us are ‘‘out of touch.’’ mation needed to shop for mortgages, credit

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Borrowers need not already be de- This bill fell far short of doing everything or to engage in risky and abusive practices, in- linquent on their mortgage in order to qualify. even anything, to assure the average Amer- cluding the unregulated exchange of over-the- Though the Obama Administration’s efforts ican investor in the stock market that we want counter derivatives, asset-backed securities, are commendable, the unprecedented scale of to protect their interests. and hedge funds are eliminated. the problems facing homeowners demands I proposed to the conferees certain amend- Most importantly, the Wall Street Reform that more needs to be done to prevent home- ments to the Securities Investor Protection Act and Consumer Protection Act includes the owners from losing their homes. In Pennsyl- (SIPA) in order to protect victims of Ponzi Emergency Homeowners’ Relief Fund, which vania, a major state initiative to combat family- schemes. Unfortunately, these reforms which will provide desperately needed assistance to devastating foreclosures has been operating were designed after extensive discussions millions of homeowners who now find they are with success for more than a quarter-century, with many of the victims, were totally ignored. unable to meet their financial obligations due enacted in the wake of the severe recession My amendments included an ‘‘anti- to the severe recession caused by the unbri- of 1983. The Homeowners Emergency Mort- clawback’’ provision, designed to end the ter- dled greed and recklessness of the financial gage Assistance Program (HEMAP) has pro- ror of thousands of Ponzi victims, who face services industry. The foreclosure rate in the vided loans to over 43,000 homeowners since years of prolonged litigation against the gov- United States has been rising rapidly since the 1984 at a cost to the Keystone State of $236 ernment, unless these proposals are enacted. middle of 2006. Losing a home to foreclosure million. Assisted homeowners have repaid Under no circumstances, except complicity can hurt homeowners in many ways. For ex- $246 million to date which works out to a $10 with a crooked broker—should these investors ample, homeowners who have been through a million profit for the state after 25 years of be subject to clawback litigation. foreclosure may have difficulty finding a new helping families keep their homes. The opposition to this amendment has The Pennsylvania model will work nation- place to live or obtaining a loan in the future. mainly come from the SEC/SIPC and Wall ally. It is with great gratitude that Chairman Furthermore, concentrated foreclosures can Street which seek to protect SIPC’s right of FRANK and Chairman DODD included my pro- drag down nearby home prices, and large subrogation, therefore taking money again posed mortgage relief provisions in the con- numbers of abandoned properties can nega- from the victims and giving it back to SIPC. ference report that is being considered before tively affect communities. Finally, the increase Not only is this disingenuous, but it shifts the the House today. Modeled after the bill I intro- in foreclosures may destabilize the housing burden of the financial loss to every taxpayer duced in the House, the Emergency Home- market, which could in turn negatively impact in America. owners’ Relief Fund that is contained in the the economy as a whole. The importance of this amendment is that House-Senate conference bill establishes an Although the economic recovery from the SIPA was intended to instill confidence in the emergency mortgage assistance program for worst financial recession since the Great De- capital markets and impose upon the SEC the qualifying homeowners who are temporarily pression is progressing steadily under the responsibility to monitor and supervise those unable to meet their obligations due to finan- leadership of the Obama Administration and markets. cial hardship beyond their control. Democratic Leadership in Congress, the tragic Under this program, homeowners would The idea that SIPC or the courts would hold rise of unemployed homeowners threaten a have the opportunity to regain financial sta- innocent investors, who relied upon the SEC’s sustained recovery. Unemployment is now the bility without the immediate pressure of fore- endorsement of Madoff, to suffer judgments leading cause for delinquency for families fac- closure. Specifically, a homeowner who indi- for amounts they took out of their accounts in ing foreclosure. A recent study by cated that he or she was unemployed would good faith, is upsetting. NeighborWorks that examined the reasons provide verification of unemployment com- One proposal suggests that clawbacks be why people are falling behind on their mort- pensation to the servicer and automatically be allowed against so-called ‘‘negligent’’ inves- gages found that 58 percent of delinquent approved for a loan that would pay any mort- tors. How could they be negligent if the SEC homeowners were behind due to job loss. The gage above 31 percent of their income (the and FINRA never spotted the fraud over a 20 impact of foreclosures is particularly acute in target amount in Making Home Affordable year period? In fact, in 1992, the SEC en- minority communities due to the disproportion- modifications). The Treasury would make pay- dorsed Madoff as safe. ately high rates of joblessness. ments for the homeowner on the homeowner’s Shouldn’t that affirmative statement be Repossessions from housing foreclosures behalf until the borrower is able to resume enough to shield investors from being accused rose to a record high of 92,432 in April 2010, payments to the lender. The Emergency of ‘‘negligence?’’ which is up 45 percent from the previous year. Homeowners’ Relief Fund would cut through At a minimum, a defense against ‘‘neg- Continual rates of high unemployment places the disorder of the loan modification program ligence’’ requires innocent investors to spend additional pressures on a financial system al- and slow the numbers of foreclosed properties vast amounts of money defending their con- ready overburdened with requests to modify on the market. duct against a SIPC-funded trustee, who while loans by mortgage servicers, with many of Mr. Speaker, I wish to thank my colleagues making $1.4 million in fees per week, has those requests being unfulfilled. Under the on the House Financial Services Committee, every incentive to prolong litigation against guidance of the Department of Treasury, the Chairman BARNEY FRANK, Congresswoman them. Obama Administration created the Home Af- MAXINE WATERS and Congressman PAUL KAN- As a practical matter, the court could say fordable Modification Program (HAMP) as a JORSKI. I also wish to thank my colleagues in that every Madoff investor was negligent be- part of the Making Home Affordable program the Senate, Banking, Housing and Urban Af- cause they never uncovered the crime. to provide desperate relief to unemployed and fairs Committee Chairman CHRIS DODD, and We should be protecting innocent victims of underemployed homeowners. Senator BOB CASEY for their strong support of the SEC’s negligence, not protecting Wall HAMP encourages servicers to provide the mortgage foreclosure relief provisions con- Street and its stepchild, SIPC. mortgage modifications for troubled borrowers tained in this bill. I also wish to thank the Another amendment I proposed would have in order to reduce the borrowers’ monthly House Financial Services Committee staffers provided for immediate payment to all Ponzi mortgage payments to no more than 31 per- for their hard work in preparing this con- scheme victims of up to $500,000 in SIPC in- cent of their monthly income. In order to qual- ference report, including Housing Policy Direc- surance. That payment should be based upon ify, a borrower must have a mortgage on a tor Scott Olson and Deputy Chief Counsel Gail the last statement the victims’ received from single-family residence that was originated on Laster. In addition, I would like to thank my their broker. This amendment also clarifies or before January 1, 2009, must live in the Legislative Director, Nuku Ofori, for all of his that any person who invested in an ERISA-ap- home as his or her primary residence, and efforts in getting this critical mortgage relief proved retirement plan is a ‘‘customer’’ under must have an unpaid principal balance on the provisions included in the Wall Street Reform SIPA. mortgage that is no greater than the Fannie bill. Americans have a right to rely upon the Mae/Freddie Mac conforming loan limit in Ms. ROS-LEHTINEN. Mr. Speaker, It is a statements they receive from SEC-regulated high-cost areas ($729,750 for a one-unit prop- great tragedy that the final version of the fi- broker/dealers. This was the Congressional

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This Act will con- ations of Bernard Madoff, Allen Stanford, and rather than the American taxpayer. solidate these authorities in the CFPB, and others. Let’s do the right thing for these peo- For years, I have called for an end to the give the bureau teeth in exerting its power to ple. wild west of speculation in derivatives mar- enforce these protections. With this newly de- The President said he does not want BP to kets. I am pleased that this bill includes my fined power, the creation of the CFPB will nickel and dime the oil spill victims, why is it proposal to strengthen derivatives market usher in a new era of oversight. I urge Con- OK to nickel and dime victims of the SEC? oversight. For the first time ever, over-the- gress to stand tall and create a society where These people lost their life savings because of counter derivatives market for transactions be- unfair practices are stopped before they be- the greed of Wall Street and the inaction of tween dealers and major swap participants will come pervasive, where the average consumer the SEC. be required to be reported. This transparency is protected from fraud and abuse, and where We should have added these much needed means that regulators can monitor this trillion big bank bailouts are prevented before they amendments in order to ensure innocent in- dollar market, and make sure that companies come at the expense of taxpayers. vestors that the American financial system is like AIG only make trades when they have Another major provision in this bill is the es- not rigged against them. enough capital to back them up. Unregulated tablishment of broad statutory protections Mr. DINGELL. Mr. Speaker, I stood before speculation may well be responsible for wide against abusive mortgages. These provisions this body in 1999 and gave full-throated oppo- swings and increases in the price of energy include; requiring lenders to evaluate bor- sition to the repeal of the Glass-Steagall Act. for consumers and feed for farms. This provi- rowers’ ability to repay loans before and after My opposition had the merit of being correct a sion will help prevent entities from driving up teaser rates have expired; banning prepay- decade ago and, at the very least, prophetic the cost of commodities and products and ment penalties that lock borrowers into high- today. Indeed, Graham-Leach-Bliley gave rise manufacturing risk in the larger economy. cost loans; prohibiting incentives to steer bor- to the creation of financial juggernauts, whose H.R. 4173 also takes a major step forward rowers into higher-cost loans that they don’t underhanded actions, gone unregulated by de- in consumer protection by creating the Con- even qualify for; limiting total fees for most sign of that Act and subsequent deregulation, sumer Financial Protection Agency (CFPA). loans; and banning mandatory arbitration have driven this great country over an eco- This agency would make sure brokers tell clauses for mortgages. nomic precipice of proportions not seen since folks what they are buying, clearly and hon- In addition to these key provisions, this bill the Great Depression. estly. It would be devoted to stopping unfair will also create a $1 billion emergency loan I will vote in favor of the conference report practices and preventing abusive financial fund to help families at risk of losing their today because it is, at its core, a good bill. In products from entering the marketplace. The homes due to unemployment or illness. Be- so doing, however, I admonish legislators and CFPA would impose effective consumer pro- cause unemployment—9.7 percent is partly a regulators alike never again to permit another tections for subprime mortgages, overdraft direct result of the reckless lending and col- economic calamity for want of vigilance. While fees, credit card practices, and other financial lapse of the housing and financial markets, history judges us for what we do, it will also products, not just at banks but wherever these this fund is especially important in reversing condemn us for what we do not. products are purchased. these negative economic effects and providing Mr. ETHERIDGE. Mr. Speaker, I rise in sup- This bill includes other critical provisions for assistance to those who have been hurt by port of the conference report on H.R. 4173, oversight and streamlining of the financial sys- unfair practices. A recent Center for Respon- the Dodd-Frank Act of 2010. tem. It creates a Federal Insurance Office, re- sible Lending, CRL, report found that, unfortu- We have already seen what happens to forms the credit ratings agencies that failed to nately, the foreclosure crisis is far from over. Main Street when Wall Street abuses run assess the value of the many financial prod- Foreclosures are likely to continue to climb rampant. Over the past decade, Wall Street’s ucts in our economy, and cleans up abusive and losses will continue to increase, further protectors looked the other way while Wall practices in the mortgage lending industry that burdening our economy and financial services Street fat cats gambled with our future and ran contributed to the collapse of the housing mar- system, unless the government decides to in- our economy into the ditch, and the North ket. This regulation is long overdue and will tervene by passing this Act. Carolina families I hear from every day paid benefit all Americans and businesses that de- The bill also addresses bank interchange the price. We have seen what that means for pend on our financial institutions. fees, the fees charged on debit card trans- Main Street: 8 million jobs lost, $17 trillion in We need to take action to put the interests actions. Under the bill, such fees would be re- hard-earned family savings—savings for retire- of average Americans ahead of corporate spe- duced. While the banks and credit unions op- ment, college, or home buying—all wiped out cial interests. Today we have an opportunity to posed any reduction in fees as embraced by overnight. Today we have the opportunity to clean up the mess on Wall Street, hold wrong- the Durbin amendment, the arguments ad- say, ‘‘enough.’’ We have had enough of the doers accountable for their actions and stand vanced by the retailers won the day. While I abuses, enough of risky speculation, enough up for taxpayers. I call on my colleagues to support credit unions, which are the backbone of taxpayer-funded bailouts. It is time to put in put Main Street before Wall Street, and to join of many communities and have traditionally place common sense rules of the road to pro- me in support of the Wall Street Reform and served the special needs of teachers, public tect Main Street and American taxpayers. This Consumer Protection Act. service employees and the average govern- bill does just that. H.R. 4173 delivers a com- Ms. JACKSON LEE of Texas. Mr. Speaker, ment worker, about the use of the fees to prehensive set of financial regulations that in- I rise in strong support of H.R. 4173, ‘‘the Re- cover many bad transactions related to their crease accountability and oversight for Wall storing American Financial Stability Act of debit card business, the fees generated by the Street and America’s financial sector. 2010’’, also known as ‘‘the Dodd-Frank Act.’’ debit card transactions represent a major profit H.R. 4173 addresses the ‘‘too big to fail’’ This historic bill will go a long way to address making activity for the banking industry. These syndrome, and ends taxpayer funded bailouts. a variety of defects and shortcomings currently fees are generally passed onto the consumer This bill makes sure the taxpayer is not re- seen in our financial services system. It is a in the form of higher retail prices. Interchange sponsible for bailing out such firms, by estab- major step towards meaningful ‘‘measured’’ fees also tend to fall disproportionately on mi- lishing a process for dismantling failing finan- government regulation to protect the interests nority and low-income consumers by making cial institutions like AIG or Lehman Brothers. of consumers, investors and everyday working them pay higher prices. With this reform, these large Wall Street firms Americans. After years of consumer mistreat- Another issue the bill addresses is the will be in charge of paying the cost for the ment, fraud, and abuse, this bill represents the underrepresentation of minorities and women risks they create instead of taxpayers paying first principled effort to bring financial fairness in the financial services industry. The bill re- the tab. In addition, a Financial Stability Coun- to all Americans and to ensure that financial quires each of the federal financial services cil will be created to identify and regulate fi- transactions be both honest and transparent. regulatory entities to establish Offices of Mi- nancial institutions that are so large or inter- One of the strongest provisions designed to nority and Women Inclusion. These Offices connected that they pose a system risk to the protect the consumer in this legislation is the will facilitate the participation of minority and economy as a whole. While I hope that the formation of an independent Consumer Finan- women-owned business in nontraditional types

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00058 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12457 of financial activities, something long overdue. continuing economic turmoil, this bill increases rating agencies that gave triple-A ratings to In addition, the bill requires expanded efforts the size of government, expands its reach in risky mortgage-backed securities that they to recruit and to retain minority and women fi- the market place, jeopardizes the safety and didn’t understand or investigate. nancial services professionals, traditionally ex- soundness of many of America’s financial To those who ask: will the Wall Street Re- cluded from the upper ranks of management companies and non-financial companies, and form we passed last night prevent another fi- in most of the federal financial services regu- significantly increases the cost of credit for all nancial meltdown in the future–I answer with a latory entities. consumers at a time when consumers can firm and resounding yes. The bill preserves the role of community least afford it. This legislation overreaches and Mr. HOLT. Mr. Speaker, I rise in support of banks, recognized for their positive lending will affect companies and community banks tile Wall Street Reform and Consumer Protec- habits to small business and other major com- that had nothing to do with the financial crisis. tion Act. munity stakeholders. These banks can always These reforms will continue to perpetuate I frequently talk with central New Jersey be counted on to lend for nontraditional pur- the bailout mentality that has plagued our na- residents who are frustrated with the reckless poses, while maintaining flexible lending tion and eliminate access to credit for many way Wall Street and big banks gamed the sys- standards based on risk assessment as it re- small businesses and families at a time when tem with exotic financial schemes, while fami- lies and small businesses paid the price. lates to a person’s background and ties to the they need it most. Wall Street reform will protect consumers The conference report will abolish the Office community. Many of these banks continued to from deceptive business practices and hidden of Thrift Supervision (OTS). The transfer of its lend during the liquidity crises, making it pos- fees through the creation of a Consumer Fi- sible for small businesses to make payroll and powers and duties will have to be done within nancial Protection Bureau. Reform also will for people to continue to pay their mortgages. one year after the conference report’s enact- protect homebuyers from some of the worst Community banks remain pillars of strong ment. The conference report will transfer to predatory lending practices that contributed to communities and neighborhoods throughout the FDIC the authority to regulate all state the financial meltdown of 2008. this Nation, and this bill acknowledges their savings associations. The OCC, which would Reform finally will restore accountability to important role in the economy. be a bureau within the Treasury Department, Wall Street. Banks no longer will be able to Further, the bill brings much needed sanity would regulate all federal savings associa- gamble with depositors’ savings for their prof- to the derivatives markets by requiring more tions. The conference report also preserves its. Unregulated derivatives—called ‘‘financial rigorous standards related to over-the counter the thrift charter. weapons of mass destruction’’ by Warren derivatives; provides new rules related to The conference report also requires the Buffett—will now be traded in the open. Stock- transparency and accountability and our na- Federal Reserve to ensure the fees charged holders will vote on executive pay. And hedge tion’s credit agencies; institutes new mecha- to merchants by credit card companies for fund managers will have to come out from the nisms to avoid bank bailouts of financial firms credit or debit card transactions are reason- shadows and register with the Securities and that threaten the economy; and reforms the able and proportional to the cost of the proc- Exchange Commission. Federal Reserve by requiring greater oversight essing those transactions. The consequences Reform will prevent taxpayer-funded bailouts and transparency in its transactions. of government artificially imposing its heavy of financial giants, establishing an orderly Mr. Speaker, this Act is of extreme impor- hand into private transaction will further slow process for liquidating failing companies that tance to the consumer, the investor, to the av- our economy. We can’t even get a federal will be paid for by their investors and credi- erage American, and to the Nation’s economy budget passed, so what justification does the tors—not taxpayers. as a whole. It is time to end the Wall Street government have to determine transaction While no bill is perfect, this is the strongest ‘‘joy ride’’ and give the American people the fees. reform since the Great Depression. It will put protections and information they need to be As one of my colleagues pointed out, the cops back on the beat on Wall Street and better informed consumers and investors in economists don’t often see eye to eye, but will help give Americans confidence that the this highly technologically driven economy. they seem to agree that if one side of the mar- system works for individuals, families and The way the average consumer, borrower, ket has its costs artificially lowered, the other small businesses—not big banks. and home-owner have been targeted by many side of the market will see increased costs. Ms. ESHOO. Mr. Speaker, I rise today in of our Nation’s financial institutions and lend- This means that, in this battle between retail- strong support of H.R. 4173, the Dodd-Frank ers makes this legislation all the more impor- ers and banks, debit card holders and account Wall Street Reform and Consumer Protection tant. These practices must end. H.R. 4172 will holders will likely foot the bill. Act. This landmark legislation is one of the stop many of them. For these reasons, I urge Creating more regulatory burdens and a most critical bills I will vote for in Congress. my Colleagues to make the changes in our new government agency full of unelected bu- The bill will protect the American people so they are never again victimized by Wall laws to protect the American people and to reaucrats to pick the winners and losers in the Street’s reckless behavior which brought our help strengthen the U.S. financial system. private-sector is not the answer. This will only Mr. TIAHRT. Mr. Speaker, on June 30, serve to crush more jobs and paralyze our economy to its knees, wreaking havoc across the country with over 8 million jobs lost and a 2009, the Obama Administration released de- economic growth even more. Kansans have $17 trillion loss in net worth. It makes the most tails of its proposal to establish a Consumer had it with the only solution the administration sweeping and comprehensive reforms to our Financial Protection Agency. It proposed an continues to offer: more government. financial system since the Great Depression. independent agency housed within the execu- I am in strong opposition to H.R. 4173. I The Wall Street Reform and Consumer Pro- tive branch to regulate the provision of finan- worry about its impact on our economic free- tection Act: cial products and services to consumers. Now, dom and will work to repeal these harmful Ends taxpayer-funded bailouts because of one year later, this proposal has morphed into policies. Wall Street’s risky decisions and greed: The a 2,300 page bill that further extends the fed- Ms. SPEIER. Mr. Speaker, our mission from legislation clearly states that taxpayers will eral government’s grasp on more aspects of the American people was simple: pass Wall bear no cost for liquidating large, inter- our economy. Street Reform that puts consumers first, holds connected financial companies; I voted against this bill on December 11, Wall Street and Big Banks accountable, and Protects families and small businesses from 2009 but despite my opposition, H.R. 4173 ends the era of taxpayer-funded bailouts and abusive lending practices: The legislation cre- passed the House of Representatives on a ‘‘too-big-to-fail’’ institutions. By passing this ates the Consumer Financial Protection Bu- straight party line vote—with not one Repub- legislation, we have fulfilled that mission. reau that will ensure bank loans, mortgages, lican voting in favor of the legislation. On June We ensure that taxpayers are never again and credit card agreements are fair, afford- 30, H.R. 4173 came back from the House- on the hook for Wall Street’s risky decisions. able, understandable, and transparent; Senate Conference Committee, which ironed We enable regulators to shut down ‘‘too big to Stops banks from becoming ‘‘too big to fail’’: out the differences between the two bills. fail’’ banks before they take down the system. The legislation creates the Financial Stability Again, I opposed this legislation. Despite my We impose tough new rules on the riskiest fi- Oversight Council which is charged with identi- opposition, the bill ultimately passed by a mar- nancial practices that were at the root cause fying and responding to emerging risks gin of 237–192. The legislation now awaits fur- of the crisis. We place a fiduciary duty on bro- throughout the financial system. The Council ther action in the Senate. kers to act in the best interests of their clients. will make recommendations to the Federal Re- This is the wrong bill at the wrong time that We create a new Consumer Financial Protec- serve for increasingly strict rules for capital, le- punishes the wrong people. In the midst of tion Bureau, and end the reliance on credit verage, liquidity, risk management and other

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00059 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12458 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 requirements as companies grow in size and This clarification will ensure the Dodd-Frank in section 7A(c)(8) of the Clayton Act that ex- complexity, with significant requirements on Wall Street Reform and Consumer Protection plicitly make that exception inapplicable. companies that pose risks to the financial sys- Act does not stop venture capital from pro- The phrase ‘‘unless otherwise specified’’ re- tem; viding a critical source of capital for startup fers only to those four specific provisions that Eliminates grave threats to financial stability technology companies. explicitly modify the operation of those speci- in the U.S.: The Financial Stability Oversight Mr. CONYERS. Mr. Speaker, as the Chair- fied provisions of the antitrust laws in specified Council can also break up large, complex man of the House Judiciary Committee, and a ways, and is not a basis for courts to consider companies by requiring them to divest some House conferee on the Dodd-Frank Wall whether any other provision in the bill might of their holdings—but only as a last resort; Street Reform and Consumer Protection Act, I be intended as an implicit modification of how Requires hedge funds and private equity would like to highlight a few provisions of this the antitrust laws operate. The savings clause funds to register with the Securities and Ex- legislation of particular jurisdictional impor- is intended to make clear that it is not. change Commission, which will have more en- tance to our Committee, and that our Com- For example, in a number of places in the forcement power and funding; mittee was instrumentally involved in shaping. bill, there are provisions referring to ‘‘Antitrust Eliminates excessively risky practices that During the course of Congress’s consideration Considerations’’ that various securities and led to the financial collapse: The bill enhances of this legislation, our Committee carefully ex- commodities entities—including derivatives oversight and transparency for credit rating amined a range of legal issues posed, includ- clearing organizations, swap dealers, major agencies; ing issues of antitrust law, bankruptcy law, swap participants, swap execution facilities, Limits bank executive and CEO risky pay criminal law, administrative procedure, and ju- clearing agencies, security-based swap deal- practices: The bill addresses egregious execu- dicial proceedings, and held two days of hear- ers, and major security-based swap partici- tive compensation that jeopardizes the safety ings last fall focusing on antitrust and bank- pants—are directed to take into account in for- and soundness of banks. It also allows a ‘‘say ruptcy law in particular. Below is a summary of mulating their operating rules. There are ex- on pay’’ for shareholders, requiring inde- some of the more significant of these issues ceptions to these directives for situations in pendent directors on compensation commit- and how they have been addressed. which the entity believes pursuing them itself tees; ANTITRUST LAW is inconsistent with its other obligations under Assists minority-owned and women-owned One major impetus of this bill is to address the relevant securities or commodities law. businesses: The bill establishes an Office of The fact that the entity is excused from the Minority and Women Inclusion at federal bank- the problem posed two years ago by financial new directives, however, does not alter the ing and securities regulatory agencies that will, institutions that were deemed ‘‘too big to fail.’’ application of the antitrust laws. Nor does the among other things, address employment and The emergency efforts to deal with those insti- fact that the entity follows these directives in contracting diversity matters. The office will tutions led to infusions of billions of federal its own rulemaking supplant the operation of coordinate technical assistance to and seek dollars, and federal guarantees of billions more, putting the Treasury, and our nation, at the antitrust laws. diversity in the workforce of the regulators; In this regard, the rule of construction found Prevents predatory mortgage lending: The significant risk. in section 541 of the bill simply reaffirms, per- bill requires lenders to ensure a borrower’s But ‘‘too big’’ also places our nation at sig- haps unnecessarily, for Title V of the bill what ability to repay, prohibits unfair lending prac- nificant risk in another respect—and that is the the antitrust savings clause already provides tices, establishes penalties for irresponsible risk of harm to competition, when a market- for the entire bill and all amendments made by lending, expands consumer protections for place becomes concentrated in the hands of it. In attempting to elaborate on the effect of high-cost mortgages, requires additional dis- so few competitors that consumers no longer an antitrust savings clause, it does not create closures for consumers on mortgages, and have meaningful choice, and the healthy influ- a different rule, but merely reaffirms the gen- provides housing counseling. ence of competition on price, quality, and in- We are on the verge of making history novation is lost. eral rule. Moreover, an antitrust savings clause is today as we prepare to vote for the most It is therefore essential that the antitrust itself merely a reinforcement of the well-estab- sweeping financial reform legislation in dec- laws, the laws protecting our economic free- lished principle that, because the antitrust laws ades. I’m very proud to strongly support this doms against monopolization, anticompetitive are ‘‘a comprehensive charter of economic lib- bill and urge every colleague to do so as well. restraints of trade, and undue market con- Mr. Speaker, I rise to highlight the critical centration, remain in place. They are needed erty aimed at preserving free and unfettered role of venture capital in creating jobs and to ensure that the heightened regulatory su- competition,’’ Northern Pac. Ry. Co. v. U.S., growing companies. Specifically, I would like pervision the new law contemplates, as well 356 U.S. 1 (1958), ‘‘the Magna Carta of free to raise the issue of the Volcker Rule and the as our response to any future financial system enterprise,’’ Verizon Communications Inc. v. unintended effect it may have on this type of emergency, do not inadvertently lead to an Law Offices of Curtis V. Trinko, LLP, 540 U.S. investment. even more concentrated marketplace—with 398 (2004); United States v. Topco Associ- I strongly support and will vote for H.R. companies that are even bigger, with more ates, Inc., 405 U.S. 596, 610 (1972), there is 4173, the Dodd-Frank Wall Street Reform and market power, and with less incentive to be a strong presumption against their normal op- Consumer Protection Act and the inclusion of responsive to the consumers they are sup- eration being superseded by some other statu- a strong and effective Volcker Rule. posed to serve, and leaving less opportunity tory scheme. E.g., Ricci v. Chicago Mercantile The purpose of the Volcker Rule is to elimi- for new entry and innovation. Exchange, 409 U.S. 289, 302–303 (1973); Sil- nate risk-taking activities by banks and their The final bill contains a number of provi- ver v. New York Exchange, 373 U.S. 341, 357 affiliates while at the same time preserving sions to ensure that the antitrust laws remain (1963). Whether the antitrust laws reach par- safe, sound investment activities that serve fully in effect. ticular conduct depends on whether the other the public interest. We have specifically barred ANTITRUST SAVINGS CLAUSE statutory scheme is ‘‘incompatible with the bank investment in hedge funds and private First and foremost is the antitrust savings maintenance of an antitrust action.’’ Ricci, 409 equity for that reason. clause in section 6 of the bill. It is the standard U.S. at 302; Silver, 373 U.S. at 358. The anti- Venture capital funds do not pose the same antitrust savings clause found in other stat- trust laws are superseded only ‘‘where there is risk to the health of the financial system. They utes. It applies to the entire Act, and all a plain repugnancy between the antitrust and promote the public interest by funding growing amendments made by the Act to other laws. regulatory provisions.’’ Credit Suisse Securi- companies critical to spurring innovation, job The phrase ‘‘unless otherwise specified’’ is ties (USA) LLC v. Billing, 551 U.S. 264, 272 creation, and economic competitiveness. The added in reference to four provisions in the (2007); Gordon v. New York Stock Exchange, funds typically invest primarily or exclusively in bill. In two places—sections 210(a)(1)(G)(ii)(III) Inc., 422 U.S. 659, 682 (1975). The antitrust private companies and are significantly small- and 210(h)(11) of the bill—the standard pre- laws are displaced ‘‘only if necessary to make er. merger waiting period under section 7A of the the [other statutory scheme] work, and even I expect the regulators to use the broad au- Clayton Act is explicitly shortened. And in two then only to the minimum extent necessary.’’ thority in the Volcker Rule wisely and clarify other places—section 163(b)(5) of the bill, and Ricci, 409 U.S. at 301; Silver, 373 U.S. at 357. that funds that invest in technology startup the amendment to section 4(k)(6)11(B) of the PRE-MERGER ANTITRUST REVIEW companies, such as venture capital funds, are Bank Holding Company Act made in section Recognizing that a fully methodical pre- not captured under the Volcker Rule and fall 604(e)(2) of the bill—there are cross-ref- merger antitrust review may be in tension with outside the definition of ‘‘private equity funds’’. erences to the exception to pre-merger review the need for quick action to avoid systemic

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00060 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12459 harm, the bill shortens the ‘‘Hart-Scott-Rodino’’ of assets described in section In addition, section 165(d)(4)(b) specifies pre-merger waiting periods under section 7A 210(a)(1)(G)(i)(II). To the extent that subpara- that the resolution plans that large financial of the Clayton Act, based on the procedure graph (G)(i)(II) may be read not only to cover holding companies and nonbank financial developed for reviewing sales of assets during transfers within the corporate structure or to companies will be required to submit to the a bankruptcy proceeding. This procedure ex- the temporary bridge financial company, but Fed, as part of enhanced prudential stand- pedites the initial review, while permitting the also to include transfers to third parties, these ards, must be sufficient to result in orderly res- antitrust enforcement agency to extend the pe- transfers, to the extent they are at thresholds olution under the Bankruptcy Code in the riod when more information is needed to make that trigger Hart-Scott-Rodino reporting, will event of insolvency. Established bankruptcy its assessment. This expedited procedure is not be able to take advantage of the expedited procedure is thus reaffirmed as the preferred included in two places—in section waiting period under section 210(a)(1)(G)(ii). route even in the planning stages. 210(a)(1)(G)(ii) of the bill, for mergers of a Our Committee urges the antitrust enforce- Our Committee expects these provisions to covered financial company in receivership with ment agencies to use their existing authority to be cornerstones for ensuring that this extraor- another company, and in section 210(h)(11) of work constructively with the FDIC to establish dinary procedure will be invoked only when the bill, for mergers or sales of bridge financial an informal arrangement to enable these essential—when bankruptcy procedure is companies. transactions to proceed in an expedited fash- clearly not sufficient in light of the extreme ur- The House bill had included, at the request ion where consistent with effective antitrust gency and overriding systemic risk. of our Committee, a provision permitting the enforcement, keeping in mind, again, that the INCORPORATING KEY BANKRUPTCY PRINCIPLES IN THE FDIC receiver to effectuate a merger imme- antitrust laws authorizing challenge of anti- FDIC RECEIVERSHIP PROCESS diately, without prior notice to the Attorney competitive mergers and acquisitions remain As to the second objective, the bill incor- General or any pre-merger waiting period, if fully in force. porates a number of key bankruptcy protec- the Treasury Secretary determined that imme- BANKRUPTCY LAW tions, first and foremost among them preser- diate action was necessary to preserve finan- One of the bill’s centerpieces is a new vation and priority for specified kinds of claims cial stability. This provision was not included in emergency procedure for placing a financial against the financial company, and powers for the Senate bill or the conference report. While institution into FDIC receivership when its in- the FDIC receiver to avoid transfers for the express authority to act immediately is there- solvency poses imminent and significant ‘‘sys- benefit of the United States and other credi- fore missing, the Judiciary Committee hopes temic risk’’ to the stability of the broader finan- tors. The bill also incorporates a number of the antitrust enforcement agencies will work cial system and economy. Congress made a terms directly from the Bankruptcy Code. constructively with the Treasury Department to judgment to craft this procedure outside the While we were not always successful in ex- develop a mechanism for dispensing with the Bankruptcy Code, rather than seek to adopt plicitly incorporating every useful Bankruptcy prior notice requirement and the pre-merger the Code to the additional needs of dealing ef- Code concept, many of the most important waiting period, or shortening them appro- fectively with systemic risk. While generally due process and equitable treatment consider- priately, when warranted by urgency and the supportive of this judgment, our Committee ations are reflected in some fashion. danger posed to stability of the economy, has urged proceeding in keeping with two im- For example, section 208 of the bill requires keeping in mind that the antitrust laws author- portant objectives. First, that this new emer- dismissal of a covered financial company’s izing challenge of anticompetitive mergers and gency procedure be authorized only for cases pending bankruptcy case upon appointment of acquisitions remain fully in force. of genuine emergency, where a departure the FDIC receiver. Subsection (b) provides In this regard, it should be emphasized that from the well-established procedures in the that any assets that have vested in another the shortening of the H–S–R pre-merger anti- Bankruptcy Code is essential to broader finan- entity automatically vest back in the covered trust waiting period, and even the possibility of cial and economic stability. And second, that financial company. We had expressed concern permitting a merger to be effectuated as close even in the new emergency procedure, the that this would prove not only unworkable in to immediately as can be arranged, in no way well-developed bankruptcy principles of due practice, but could undermine the effective- alters the applicability of the other antitrust process and equitable treatment of all affected ness of the bankruptcy proceeding in pre- laws. If a merger raises significant competitive parties be incorporated to the fullest extent serving assets of the financial company, by concerns, it can still be challenged after the possible. creating uncertainty regarding any purchase of fact under section 7 of the Clayton Act. And CONFINING THE EXTRAORDINARY RECEIVERSHIP assets even in the ordinary course of busi- post-merger conduct that raises competitive PROCEDURE TO EXTRAORDINARY CIRCUMSTANCES ness. Subsection (c) of the final bill clarifies concerns is fully subject to the Sherman Act. As to the first objective, the House bill re- that any order entered or other relief granted These laws are not amended by the bill; and affirmed, at our Committee’s request, the by a bankruptcy court prior to the date the the antitrust further emphasizes that their op- ‘‘strong presumption that resolution under the FDIC receiver is appointed ‘‘shall continue eration is not affected in any way. bankruptcy laws will remain the primary meth- with the same validity as if an orderly liquida- Similarly, the House bill had, at the request od of resolving financial companies,’’ and that tion had not been commenced.’’ Our Com- of our Committee, applied the expedited pre- the new FDIC receivership authority ‘‘will only mittee expects subsection (c) to be construed merger review process not only to mergers, be used in the most exigent circumstances.’’ so that payments made during the ordinary but to sales or transfers of financial company The substantive essence of this presumption course of the financial company’s business assets. While transfers within the financial is reflected in several places in the final bill’s while it is a debtor in a bankruptcy case will company’s own internal corporate structure, or new liquidation provisions. not be subject to the automatic re-vesting. to a temporary bridge company set up by the In particular, section 203(a)(2)(F) requires This is in keeping with other provisions of the FDIC, would never trigger the H–S–R notifica- that, in any recommendation to the Treasury bill, such as section 165, that are intended to tion and waiting period, and even sales or Secretary that FDIC receivership be invoked, encourage financial companies to be resolved transfers to outside third parties would trigger the FDIC and the Fed explain why a case through bankruptcy wherever possible. it only if the assets acquired exceeded $63 under the Bankruptcy Code is not appropriate. At our Committee’s urging, section 210(b) of million in value, an acquisition of this type is Section 203(b)(4) requires that the Secretary the bill establishes priority of payment for var- as likely, if not more so, than a merger with have determined, in consultation with the ious types of unsecured claims against a cov- the entire financial company. Our Committee President, that ‘‘any effect on the claims or in- ered financial company for which the FDIC thought it important that acquisitions of this terests of creditors . . . and other market par- has been appointed as receiver under section type, when they occur, have the expedited ticipants . . . is appropriate, given the impact 202, modeled on similar protection in the process available, as well as the emergency . . . on financial stability in the United States.’’ Bankruptcy Code. Subsection (b)(1)(C) ac- process allowing acquisitions to be effectuated And section 203(c)(2) requires the Secretary cords third priority—after payment of the immediately. to make an immediate report to Congress, FDIC’s administrative expenses as receiver, The Senate bill limited the application of the within 24 hours, on specified considerations and any amounts owed to the United States expedited process to mergers, however, and supporting the FDIC receivership invocation, (unless otherwise agreed to)—to employees the Senate approach was retained in the final including, in subparagraphs (E)–(I), several with claims for unpaid wages, salaries, or conference report, which limits availability of considerations regarding the effects of FDIC commissions (including earned vacation, sev- the expedited review to mergers described in receivership as compared with bankruptcy pro- erance, and sick leave pay) up to a maximum section 210(a)(1)(G)(i)(I), leaving out transfers cedure. $11,725 for each employee, earned within 180

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00061 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12460 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 days before the date of the FDIC’s appoint- client zealously within the bounds of the law, pects of their employment . . . .’’ Extending ment as receiver. Also at the Committee’s urg- there would be a significant likelihood of attor- the protection to cover these legal assistance, ing, subsection (b)(1)(D) accords fourth priority neys being impeded in meeting their obliga- under these conditions, is consistent with en- for certain contributions owed to employee tions to their clients and to the legal system suring that the protection fully covers the prac- benefit plans arising from services rendered they are sworn to protect. tice of law as it is conventionally engaged in, within the same 180-day time frame. These Even if the Bureau’s authority could be reli- while foreclosing any opportunity for an attor- provisions will ensure that American workers ably confined to legal representation in finan- ney to shield other commercial activities by will be accorded the equivalent protections cial matters, the result would be material harm engaging in them through surrogates. they have under current bankruptcy law with to consumer clients of bankruptcy lawyers, The provision in the final bill includes indicia respect to payment priority for unpaid wages consumer lawyers, and real estate lawyers— for determining whether an activity that con- and employee benefit plan contributions. the very consumers the Bureau is being cre- stitutes the offering or provision of a financial At our Committee’s urging, the House bill ated to protect. But the harm would inevitably product or service within the terms of the bill required the FDIC receiver to appoint a Con- be far broader, extending into unrelated as- is part of or incidental to the practice of law, sumer Privacy Advisor to assist with ensuring pects of legal practice. and therefore excluded from the Bureau’s au- that the privacy of sensitive consumer informa- For those reasons, our Committee was de- thority. First and foremost, the activity must be tion would be appropriately protected. A simi- termined to avoid any possible overlap be- among those activities considered part of the lar provision was added to the Bankruptcy tween the Bureau’s authority and the practice practice of law by the State supreme court or Code in 2005, following revelations that of law. At the same time, our Committee rec- other governing body that is regulating the Toysmart.com, an Internet retailer of edu- ognized that attorneys can be involved in ac- practice of law in the State in question, or be cational toys had, after filing for bankruptcy, tivities outside the practice of law, and might incidental to those practices. As further protec- sought to sell its customer data base, includ- even hold out their law license as a sort of tion against abuse, the activity must be en- ing personal information about children who badge of trustworthiness. Although State su- gaged in exclusively within the scope of the used its toys, despite its promise never to sell preme courts would have some authority to re- attorney-client relationship; and the product or this information. This provision was not re- spond to abuses in even these outside activi- service must not be offered by or under direc- tained in the final bill; but the FDIC has ad- ties, as reflecting on the attorney’s unfitness to tion of the attorney in question with respect to vised our Committee that it is absolutely com- hold a law license (see Model Rule 8.4 of the any consumer who is not receiving legal ad- mitted to safeguarding any personally identifi- American Bar Association Model Rules of Pro- vice or services from the attorney in connec- able information it acquires from a covered fi- fessional Conduct, adopted in virtually all tion with it. We would hope that this carefully consid- nancial company for which it serves as re- States), their disciplinary authority is not nec- ered statutory provision will also serve as a ceiver. essarily as extensive in these outside areas. model for other federal agencies considering PRACTICE OF LAW The Committee was equally determined that new regulations that might cover conduct en- The Constitutional freedoms and legal rights these outside activities not escape effective gaged in by attorneys as well as others, so as we enjoy as Americans are ultimately pro- regulation simply because the person engag- to better ensure that important consumer pro- ing in them is an attorney or is working for an tected in our courts, through the advocacy of tection objectives are achieved consistent with attorney. Congresswoman MAXINE WATERS, a attorneys who are licensed to practice before safeguarding the ability of our ‘‘officers of the them. In keeping with these critical responsibil- senior Member of both our Committee and the court’’ to fulfill their ethical obligations under ities, the activities of these ‘‘officers of the Committee on Financial Services, and a our legal system. court’’ are regulated by the States, through House conferee, was instrumental in helping It is generally contemplated that the new government bodies overseen by the State’s ensure that the final bill draws this distinction Bureau will make rules regarding various as- highest court, with specialized expertise in the appropriately and clearly. pects of its authority. Any determinations by sometimes complex duties imposed by the Accordingly, our Committee worked to make rule, or otherwise, regarding what activities code of legal ethics. Among the myriad activi- clear that the new Consumer Financial Protec- constitute the practice of law should be con- ties engaged in as part of the practice of law tion Bureau established in the bill is not being sistent with the views and practices of the are activities to assist consumer clients in re- given authority to regulate the practice of law, State supreme court or State bar in question solving serious debt problems, including but which is regulated by the State or States in as to what activities it regards as part of the by no means limited to representing them in which the attorney in question is licensed to practice of law and oversees on that basis, bankruptcy proceedings. practice. At the same time, the Committee giving appropriate deference to comments re- Conceptually, the activities Congress in- worked to clarify that this protection for the ceived from the State supreme courts and tends to give the Bureau authority to regu- practice of law is not intended to preclude the State bars, supplemented with further guid- late—‘‘the offering or provision of a financial new Bureau from regulating other conduct en- ance as appropriate from the other indicia set product or service’’—are distinguishable from gaged in by individuals who happen to be at- forth in section 1027(e)(2). the practice of law. But because of the torneys or to be acting under their direction, if Section 1027(e)(3) makes clear that existing breadth of the authority being given the Bu- the conduct is not part of the practice of law federal regulatory authority over activities of reau, including the definitions of ‘‘covered per- or incidental to the practice of law. attorneys, either under enumerated consumer son’’ and ‘‘financial product or service,’’ and Section 1027(e) of the final bill incorporates laws as defined in the bill, or transferred to the the complexities of the practice of law, there this protection. It excludes from Bureau super- new Bureau from existing agencies under sub- was concern about potential overlap. And giv- visory and enforcement authority all activities title F or H of Title X, the Consumer Financial ing the new Bureau authority to regulate the engaged in as part of the practice of law Protection Bureau title, is not diminished. practice of law could materially interfere with under the laws of a State in which the attorney ADMINISTRATIVE AND JUDICIAL PROCESS and jeopardize sensitive aspects of the attor- in question is licensed to practice law. To the Throughout the bill are provisions author- ney-client relationship, including the attorney- extent that a paralegal, secretary, investigator, izing administrative or judicial enforcement. client privilege and work product protection or law student intern is performing activities Our Committee has endeavored, where pos- that enable clients to obtain sound legal ad- under the supervision of an attorney, and in a sible, to have these provisions written in con- vice from their attorneys on a protected con- manner recognized under the laws of the rel- formance with the standard modern formula- fidential basis. evant State as within the scope of the attor- tions found in the Administrative Procedures It could also undermine the authority of the ney’s practice of law—and only to that ex- Act and title 28 of the United States Code, in State supreme courts to effectively oversee tent—those activities also fall within this pro- lieu of novel formulations, or formulations and discipline lawyers. There are carefully de- tection. As the commentary to Model Rule 5.3 modeled on laws enacted in a bygone era, veloped ethical codes and disciplinary rules of the American Bar Association Model Rules that have the potential to create unnecessary governing all aspects of the practice of law. of Professional Conduct, adopted in virtually uncertainty and litigation over interpretation. Any regulation from a new source would un- all States, makes clear, these legal assistants We were not always entirely successful in this avoidably conflict with the existing rules and ‘‘act for the lawyer in rendition of the lawyer’s regard. lines of accountability. And because one of the professional services . . . [and the] lawyer Among the changes made at our Commit- foremost, and at times most complex, ethical must give such assistants appropriate instruc- tee’s urging was revision of the Consumer Fi- obligations is for an attorney to represent the tion and supervision concerning the ethical as- nancial Protection Bureau’s new investigative

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00062 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12461 authority to bring it closer into conformity with companies to file their financial statements be made public wherever possible—with ap- the Antitrust Civil Process Act, on which it is using a financial data standard called XBRL. propriate protections for trade secrets, privacy, modeled; and revisions to the new authority Meanwhile, the FDIC has begun to require and so on. for nationwide service of subpoenas by the banks to use XBRL to apply electronic tags to When I proposed my amendments on that Securities and Exchange Commission to en- each element of the call reports that they must first day of the conference, and advocated for sure that the authority will be exercised con- file. In fact, XBRL has become a global data greater transparency in our financial system, sistent with due process. standard for financial information. It is already Chairman FRANK agreed with me. He accept- Our Committee remains concerned about in use by regulators and stock exchanges in ed the idea of requiring the agencies to adopt the use of the terms ‘‘privileged’’ or ‘‘privileged Australia, China, Japan, India, Korea, and financial data standards. At Chairman FRANK’s as an evidentiary matter’’ to mean confidential many other countries. It transcends language request, my staff worked with his staff, and and protected from discovery. This inartful barriers and differences in accounting stand- with Chairman TOWNS’ staff at the Oversight phraseology, which was removed from some ards to make financial information accessible Committee, to draft—on a bipartisan basis—a parts of the bill but not others, could uninten- to anyone, anywhere. comprehensive package of financial data tionally raise questions regarding evidentiary Why are these technologies so important? standards amendments. On the last day of the privilege law, which under the Rules Enabling Data standards in financial regulation can help conference I proposed the comprehensive Act is left to State common law. In particular, us achieve—for the first time—full trans- package to Chairman FRANK and the other the Committee wishes to emphasize that this parency and accountability for both the regu- House conferees. They adopted it unani- bill in no way authorizes government officials lated private companies and the federal agen- mously by voice vote. or courts to demand that anyone furnish infor- cies that regulate them. But this victory for transparency and ac- mation that is protected by legal privilege. For example, let’s consider what has hap- countability did not stand. In the wee hours of Mr. ISSA. Mr. Speaker, I oppose the Dodd- pened at the SEC. When companies submit Friday morning—even though the House con- Frank bill. It is overreliant on vague, complex their balance sheets and income statements in ferees had agreed unanimously on the regulations administered by large bureauc- XBRL, every number in the balance sheet and amendments that Chairman FRANK and I had racies. We should not be putting our trust in every number in the income statement gets a worked out together—the Senate conferees the wisdom of the same regulators who failed unique electronic tag. That means market ana- stripped the amendments out of the bill, and us during the last crisis. lysts and investors no longer need to manually the final conference report does not include them. There is no written record showing why Instead, we must strive for true trans- hunt through lengthy documents and tran- my transparency amendments were not in- parency and accountability in the financial sec- scribe numbers into their own spreadsheets cluded. Ironically, they were removed in a tor, both for private companies and for the and databases. It makes companies’ public fi- completely opaque fashion. By blocking agencies that regulate them. The financial in- nancial information instantly searchable, sort- amendments that would have achieved trans- dustry submits huge volumes of information to able, and downloadable. And that means bet- parency in the financial sector through tech- various regulators—financial statements, secu- ter transparency for publicly-traded compa- nology, the authors of this legislation have rities disclosures, banking reports, loan-level nies. It has become much easier and much made it more difficult for financial institutions data, and much more. Too often, this informa- cheaper to track companies’ performance. It and regulators to be held accountable, setting tion cannot be easily searched or analyzed has become easier for the SEC—or anyone us up for more devastating financial failures in because it is trapped within lengthy docu- else—to apply automatic filters to check for in- the future. ments that must be manually reviewed. dicators of fraud. I am very disappointed that this conference The financial crisis of 2008 demonstrated For a second example, consider the experi- report ignores the need for greater trans- the dangers of opaque financial reporting. ence of the FDIC, which now requires banks parency in the financial system by adopting Complex transactions and products helped fi- to file their call reports in XBRL. The electronic proven technologies. Transparency is the only nancial companies hide leverage from inves- tags for every number in the call report helps real solution to the corruption, hidden lever- tors, while regulators failed to recognize sys- banks to achieve better accuracy because it age, and ineffective bureaucracies that con- temic risks and ongoing frauds. automatically checks all the mathematical rela- tributed to the previous financial crisis. Let me Effective scrutiny of the financial industry’s tionships between numbers. Before the FDIC give you just a few examples. regulatory information, by the public as well as adopted XBRL, 30 percent of the call reports First, transparency through technology can by regulators, could give us a fighting chance contained mathematical errors. Afterwards, the stop corruption. Suppose the financial state- at avoiding the next crisis. And to enable ef- error rate fell to zero. Better accuracy also ments for Bernie Madoff’s investment firm had fective scrutiny, that information needs to be means better transparency. been encoded using a financial data standard, easily searchable, sortable, and down- In the early successes at the SEC and the and made publicly available. Analysts would loadable—and also publicly accessible as FDIC are any indication, financial data stand- have used software to automatically compare often as possible. Transparency and account- ards would allow the markets to see reckless Madoff’s results with others in the industry. It ability in the financial sector represent our best behavior ahead of time, or at least allow us to would have been clear to everyone that his re- hope that someone will spot hidden leverage know the underlying value of assets when the sults were suspiciously consistent—such an and risk. markets begin to melt. outlier, in fact, that fraud could be the only ex- As a member of the conference committee Financial data standards lead to better planation. But the SEC’s new XBRL reporting for this legislation, I felt it was my responsi- transparency for public companies and rules hadn’t yet been adopted when Madoff bility as a conferee to do my best to improve banks—but they also bring about better ac- was running his fraud, and in any event they the bill. On the first day of the conference, I countability for the regulators themselves. still only apply to public companies. Therefore, offered amendments to increase transparency Why? Because when watchdog groups, finan- only the sophisticated financial firms who paid throughout the financial industry by requiring cial media, and the public can slice and dice for Madoff’s data to be manually entered into financial regulatory agencies to designate financial regulatory data for themselves, they their software systems noticed these patterns. electronic data standards for the financial in- can see for themselves whether the regulators Individual investors who trusted Madoff never formation they receive from the industry. In are doing a good job at finding fraud and ana- learned how unusual his results were until it other words, under my amendments, financial lyzing risk. was too late. Neither did the SEC. The SEC companies, securities issuers, and other regu- For all these reasons, I felt strongly that true relies on manual reviews, and never has de- lated entities would apply consistent, unique financial reform should build on the SEC’s and veloped the ability to do quantitative analyses. electronic tags—like a bar code at the grocery the FDIC’s experience by adopting financial The SEC was as clueless as anyone. My store—to each individual element of the forms, data standards throughout the whole regu- amendments would have required the SEC to statements, and filings they submit to the gov- latory system—securities disclosures, banking impose a financial data standard on invest- ernment, instead of using paper or plain text. reports, swap transaction data, insurance re- ment advisers’ filings, like Bernie Madoff’s, In this technologically possible? Absolutely. ports, rating agencies’ disclosures, and every and to make that data available when appro- In fact, some regulators are already using fi- other type of information collection that is dis- priate. nancial data standards. At the Securities and cussed anywhere in the entire 2,000-page bill. Second, transparency through technology Exchange Commission, Chairman Christopher My amendments would have accomplished can reveal hidden leverage. The financial cri- Cox championed new rules that require public that, and would have also required the data to sis is partly the result of complex mortgage-

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00063 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12462 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 backed securities which became toxic be- sortable, and downloadable, and they have The vote was taken by electronic de- cause nobody could reliably estimate their the right to use that data to hold financial com- vice, and there were—yeas 198, nays value. The technology exists to make even panies and regulatory agencies accountable. I 229, not voting 5, as follows: very complex assets transparent. If we were to will continue to fight for legislation to accom- [Roll No. 412] require financial companies that bundle mort- plish this, and transparency will have its day. gages into mortgage-backed securities to The SPEAKER pro tempore. Pursu- YEAS—198 apply electronic tags to the underlying infor- ant to House Resolution 1490, the pre- Aderholt Garrett (NJ) Miller, Gary Akin Gerlach Minnick mation—for instance, the ZIP code and pay- vious question is ordered. Alexander Giffords Mitchell ment history of each mortgage—and regularly MOTION TO RECOMMIT Austria Gingrey (GA) Moran (KS) update that information, then the securities Mr. BACHUS. Mr. Speaker, I have a Bachmann Gohmert Murphy, Tim motion to recommit with instructions Bachus Goodlatte Myrick would be easy to value. My amendments Barrett (SC) Granger Neugebauer would have required the SEC to start exactly at the desk. Bartlett Graves (GA) Nunes that project. The SPEAKER pro tempore. Is the Barton (TX) Graves (MO) Nye Third, transparency through technology can gentleman opposed to the conference Biggert Grayson Olson report? Bilbray Griffith Paul make regulators more effective, less bureau- Bilirakis Guthrie Paulsen cratic, and less wasteful. Just last Monday, the Mr. BACHUS. Yes. Blackburn Hall (TX) Pence Wall Street Journal reported that a shady The SPEAKER pro tempore. The Blunt Harper Perriello Ukrainian company whose sole employee and Clerk will report the motion to recom- Boehner Hastings (WA) Petri mit. Bonner Heller Pitts owner was a 79-year-old massage therapist Bono Mack Hensarling Platts had been cleared by the SEC to sell stock in The Clerk read as follows: Boozman Herger Poe (TX) this country—even though its filings reported Mr. Bachus moves to recommit the bill Boucher Hodes Posey no revenue and $100 in assets. I don’t mean H.R. 4173 to the conference on the dis- Boustany Hoekstra Price (GA) agreeing votes of the two Houses on the Sen- Brady (TX) Hunter Putnam to suggest that small, newly-founded compa- ate amendment to the bill H.R. 4173 and to Broun (GA) Inglis Radanovich nies should not have access to the capital instruct the managers as follows: Brown (SC) Issa Rehberg markets. But if the SEC had required initial fil- Brown-Waite, Jenkins Reichert (1) To disagree to section 1109 (relating to Ginny Johnson (IL) Roe (TN) ings to be encoded using a financial data the GAO audit of the Federal Reserve facili- Buchanan Johnson, Sam Rogers (AL) standard, this company’s lack of revenue and ties) of the conference report. Burgess Jones Rogers (KY) assets would have raised automatic red flags (2) To insist on section 1254(c) (relating to Burton (IN) Jordan (OH) Rogers (MI) audits of the Federal Reserve), other than Buyer King (IA) Rohrabacher and triggered greater scrutiny. My amend- Calvert King (NY) Rooney ments would have required the SEC to impose paragraph (1) of such section 1254(c), of the House bill. Camp Kingston Ros-Lehtinen Campbell Kirk Roskam financial data standards on registration state- (3) To insist on section 4s(e)(8) of the Com- ments and prospectuses. Cantor Kirkpatrick (AZ) Ross modity Exchange Act (relating to initial and Cao Kline (MN) Royce In a letter to Chairman FRANK, these prin- variation margin), as proposed to be added Capito Kratovil Ryan (WI) ciples were endorsed by all of the major inde- by section 731 of the Senate amendment. Carney Lamborn Scalise pendent financial services standards organiza- (4) To insist on section 15F(e)(8) of the Se- Carter Lance Schmidt tions, including the Financial Information Serv- curities Exchange Act of 1934 (relating to ini- Cassidy Latham Schock tial and variation margin), as proposed to be Castle LaTourette Sensenbrenner ices Division of the Software and Information Chaffetz Latta Sessions added by section 764 of the Senate amend- Industry Association, FIX Protocol Limited, the Childers Lee (NY) Shadegg International Swaps and Derivatives Associa- ment. Coble Lewis (CA) Shimkus tion, the International Securities Association The SPEAKER pro tempore. Without Coffman (CO) Linder Shuster objection, the previous question is or- Cole Lipinski Simpson for Institutional Trade Communication, SWIFT, Conaway LoBiondo Skelton and XBRL US. And my amendments, before dered on the motion to recommit. Crenshaw Lucas Smith (NE) the House conferees approved them unani- There was no objection. Critz Luetkemeyer Smith (NJ) The SPEAKER pro tempore. The Culberson Lummis Smith (TX) mously, were agreed to by the SEC, the Fed, question is on the motion to recommit. Davis (KY) Lungren, Daniel Space the FDIC, and the Office of the Comptroller of Dent E. Stearns The question was taken; and the Diaz-Balart, L. Mack Sullivan the Currency. Speaker pro tempore announced that My amendments would have imposed trans- Diaz-Balart, M. Manzullo Teague the noes appeared to have it. Djou Marchant Terry parency through data standards across the Mr. BACHUS. Mr. Speaker, on that I Dreier Markey (CO) Thompson (PA) whole financial system—for the Fed, for the demand the yeas and nays. Duncan McCarthy (CA) Thornberry FDIC, for the Comptroller of the Currency, for Edwards (TX) McCaul Tiahrt PARLIAMENTARY INQUIRY Ehlers McClintock Tiberi the CFTC, and especially for the SEC. But Mr. FRANK of Massachusetts. Par- Emerson McCotter Titus they were stripped out of the Dodd-Frank bill liamentary inquiry, Mr. Speaker. Fallin McHenry Turner in the wee hours of Friday—even though my Flake McIntyre Upton The SPEAKER pro tempore. The gen- Fleming McKeon Walden staff and Chairman FRANK’s staff had worked tleman will state his inquiry. Forbes McMorris Westmoreland together to draft them, even though the regu- Mr. FRANK of Massachusetts. This is Fortenberry Rodgers Whitfield lators had approved them, and even though a legitimate parliamentary inquiry, Foxx McNerney Wilson (SC) the House conferees had unanimously adopt- Franks (AZ) Mica Wittman probably the first one I have ever made Frelinghuysen Miller (FL) Wolf ed them. Despite this setback, I am deter- or heard. But there was a lot of confu- Gallegly Miller (MI) Young (FL) mined that transparency through technology is sion. essential to foreclosing another financial melt- Is it the case apparently that there is NAYS—229 down. I am determined to pass legislation to no debate on a motion to recommit on Ackerman Boswell Cohen ensure that financial disclosure information— Adler (NJ) Boyd Connolly (VA) a conference report? Altmire Brady (PA) Conyers and other types of regulatory information, The SPEAKER pro tempore. The gen- Andrews Braley (IA) Cooper too—is reported using data standards to make tleman is correct. There is no debate Arcuri Bright Costa it fully searchable, sortable, and on this motion to recommit. Baca Brown, Corrine Costello Baird Butterfield Courtney downloadable. The yeas and nays have been de- Baldwin Capps Crowley Yesterday, when the conference briefly re- manded. Barrow Capuano Cuellar convened, Chairman FRANK promised to try The yeas and nays were ordered. Bean Cardoza Cummings again. We will work together to introduce The SPEAKER pro tempore. Pursu- Becerra Carnahan Dahlkemper Berkley Carson (IN) Davis (AL) stand-alone financial transparency legislation ant to clause 8 and clause 9 of rule XX, Berman Castor (FL) Davis (CA) with the same provisions, bring it through the this 15-minute vote on the motion to Berry Chandler Davis (IL) Financial Services Committee, seek quick recommit will be followed by 5-minute Bishop (GA) Chu Davis (TN) House passage, and again confront the Sen- votes on adoption of the conference re- Bishop (NY) Clarke DeFazio Blumenauer Clay DeGette ate. Americans have the right to free access port, if ordered, and the motion to sus- Boccieri Cleaver Delahunt to regulatory information that is searchable, pend the rules on H.R. 4445, if ordered. Boren Clyburn DeLauro

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12463 Deutch Klein (FL) Rangel The question was taken; and the Waters Waxman Wilson (OH) Dicks Kosmas Reyes Speaker pro tempore announced that Watson Weiner Wu Dingell Kucinich Richardson Watt Welch Yarmuth Doggett Langevin Rodriguez the ayes appeared to have it. Donnelly (IN) Larsen (WA) Rothman (NJ) Mr. FRANK of Massachusetts. Mr. NAYS—192 Doyle Larson (CT) Roybal-Allard Speaker, on that I demand the yeas Aderholt Fleming Miller (FL) Driehaus Lee (CA) Ruppersberger and nays. Akin Forbes Miller (MI) Edwards (MD) Levin Rush Alexander Fortenberry Miller, Gary Ellison Lewis (GA) Ryan (OH) The yeas and nays were ordered. Austria Foxx Mitchell Ellsworth Loebsack Salazar The SPEAKER pro tempore. This is a Engel Lofgren, Zoe Bachmann Franks (AZ) Moran (KS) Sa´ nchez, Linda Eshoo Lowey 5-minute vote. Bachus Frelinghuysen Murphy, Tim T. Etheridge Luja´ n Barrett (SC) Gallegly Myrick Sanchez, Loretta The vote was taken by electronic de- Farr Lynch Bartlett Garrett (NJ) Neugebauer Sarbanes vice, and there were—yeas 237, nays Fattah Maffei Barton (TX) Gerlach Nunes Schakowsky Filner Maloney 192, not voting 4, as follows: Berry Gingrey (GA) Olson Foster Markey (MA) Schauer [Roll No. 413] Biggert Gohmert Owens Frank (MA) Marshall Schiff Bilbray Goodlatte Paul Fudge Matheson Schrader YEAS—237 Bilirakis Granger Paulsen Garamendi Matsui Schwartz Ackerman Green, Al Moran (VA) Bishop (UT) Graves (GA) Pence Gonzalez McCarthy (NY) Scott (GA) Adler (NJ) Green, Gene Murphy (CT) Blackburn Graves (MO) Perriello Gordon (TN) McCollum Scott (VA) Altmire Grijalva Murphy (NY) Blunt Griffith Petri Green, Al McDermott Serrano Andrews Gutierrez Murphy, Patrick Boehner Guthrie Pitts Green, Gene McGovern Sestak Arcuri Hall (NY) Nadler (NY) Bonner Hall (TX) Platts Grijalva McMahon Shea-Porter Baca Halvorson Napolitano Bono Mack Harper Poe (TX) Gutierrez Meek (FL) Sherman Baird Hare Neal (MA) Boozman Hastings (WA) Posey Hall (NY) Meeks (NY) Shuler Baldwin Harman Nye Boren Heller Price (GA) Halvorson Melancon Sires Barrow Hastings (FL) Oberstar Boucher Hensarling Putnam Hare Michaud Slaughter Bean Heinrich Obey Boustany Herger Radanovich Harman Miller (NC) Smith (WA) Becerra Herseth Sandlin Olver Brady (TX) Hoekstra Rehberg Hastings (FL) Miller, George Snyder Berkley Higgins Ortiz Bright Hunter Reichert Heinrich Mollohan Speier Berman Hill Pallone Broun (GA) Inglis Roe (TN) Herseth Sandlin Moore (KS) Spratt Bishop (GA) Himes Pascrell Brown (SC) Issa Rogers (AL) Higgins Moore (WI) Stark Bishop (NY) Hinchey Pastor (AZ) Brown-Waite, Jenkins Rogers (KY) Hill Moran (VA) Stupak Blumenauer Hinojosa Payne Ginny Johnson (IL) Rogers (MI) Himes Murphy (CT) Sutton Boccieri Hirono Pelosi Buchanan Johnson, Sam Rohrabacher Hinchey Murphy (NY) Boswell Hodes Tanner Perlmutter Burgess Jordan (OH) Rooney Hinojosa Murphy, Patrick Boyd Holden Peters Thompson (CA) Burton (IN) Kaptur Ros-Lehtinen Hirono Nadler (NY) Brady (PA) Holt Peterson Thompson (MS) Buyer King (IA) Roskam Holden Napolitano Braley (IA) Honda Pingree (ME) Tierney Calvert King (NY) Ross Holt Neal (MA) Brown, Corrine Hoyer Polis (CO) Tonko Camp Kingston Royce Honda Oberstar Butterfield Inslee Pomeroy Towns Campbell Kirk Ryan (WI) Hoyer Obey Cao Israel Price (NC) Tsongas Cantor Kirkpatrick (AZ) Scalise Inslee Olver Capps Jackson (IL) Quigley Capito Kline (MN) Schmidt Israel Ortiz Van Hollen Capuano Jackson Lee Rahall ´ Carter Lamborn Schock Jackson (IL) Owens Velazquez Cardoza (TX) Rangel Visclosky Cassidy Lance Sensenbrenner Jackson Lee Pallone Carnahan Johnson (GA) Reyes Chaffetz Latham Sessions (TX) Pascrell Walz Carney Johnson, E. B. Richardson Wasserman Chandler LaTourette Shadegg Johnson (GA) Pastor (AZ) Carson (IN) Jones Rodriguez Childers Latta Shimkus Johnson, E. B. Payne Schultz Castle Kagen Rothman (NJ) Coble Lee (NY) Shuster Kagen Perlmutter Waters Castor (FL) Kanjorski Roybal-Allard Coffman (CO) Lewis (CA) Simpson Kanjorski Peters Watson Chu Kennedy Ruppersberger Cole Linder Skelton Kaptur Peterson Watt Clarke Kildee Rush Conaway LoBiondo Smith (NE) Kennedy Pingree (ME) Waxman Clay Kilpatrick (MI) Ryan (OH) Cooper Lucas Smith (NJ) Kildee Polis (CO) Weiner Cleaver Kilroy Salazar Crenshaw Luetkemeyer Smith (TX) Kilpatrick (MI) Pomeroy Welch Clyburn Kind Sa´ nchez, Linda Critz Lummis Stearns Kilroy Price (NC) Wilson (OH) Cohen Kissell T. Cuellar Lungren, Daniel Sullivan Kind Quigley Wu Connolly (VA) Klein (FL) Sanchez, Loretta Culberson E. Terry Kissell Rahall Yarmuth Conyers Kosmas Sarbanes Davis (KY) Mack Thompson (PA) Costa Kratovil Schakowsky Davis (TN) Manzullo Thornberry NOT VOTING—5 Costello Kucinich Schauer Dent Marchant Tiahrt Bishop (UT) Wamp Young (AK) Courtney Langevin Schiff Diaz-Balart, L. McCarthy (CA) Tiberi Taylor Woolsey Crowley Larsen (WA) Schrader Cummings Larson (CT) Schwartz Diaz-Balart, M. McCaul Turner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dahlkemper Lee (CA) Scott (GA) Djou McClintock Upton The SPEAKER pro tempore (during Davis (AL) Levin Scott (VA) Dreier McCotter Walden the vote). There are 2 minutes remain- Davis (CA) Lewis (GA) Serrano Duncan McHenry Westmoreland Davis (IL) Lipinski Sestak Edwards (TX) McIntyre Whitfield ing in this vote. DeFazio Loebsack Shea-Porter Ehlers McKeon Wilson (SC) Emerson Wittman b 1846 DeGette Lofgren, Zoe Sherman McMorris Delahunt Lowey Shuler Fallin Rodgers Wolf Messrs. OLVER, BRADY of Pennsyl- DeLauro Luja´ n Sires Flake Mica Young (FL) vania, POLIS, PRICE of North Caro- Deutch Lynch Slaughter NOT VOTING—4 lina, JOHNSON of Georgia, Ms. Dicks Maffei Smith (WA) Dingell Maloney Snyder CORRINE BROWN of Florida, Messrs. Taylor Woolsey Doggett Markey (CO) Space Wamp Young (AK) AL GREEN of Texas, POMEROY, Ms. Donnelly (IN) Markey (MA) Speier Doyle Marshall Spratt SCHAKOWSKY, Messrs. MOLLOHAN, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DINGELL, VISCLOSKY, GUTIERREZ Driehaus Matheson Stark Edwards (MD) Matsui Stupak The SPEAKER pro tempore (during and CONYERS changed their vote from Ellison McCarthy (NY) Sutton ‘‘yea’’ to ‘‘nay.’’ Ellsworth McCollum Tanner the vote). Two minutes remain in this Mr. GOODLATTE, Mrs. KIRK- Engel McDermott Teague vote. Eshoo McGovern Thompson (CA) PATRICK of Arizona, Mrs. BACH- Etheridge McMahon Thompson (MS) MANN, Mr. EDWARDS of Texas, Ms. Farr McNerney Tierney b 1854 FOXX and Mr. BILBRAY changed their Fattah Meek (FL) Titus Filner Meeks (NY) Tonko So the conference report was agreed vote from ‘‘nay’’ to ‘‘yea.’’ Foster Melancon Towns So the motion to recommit was re- Frank (MA) Michaud Tsongas to. jected. Fudge Miller (NC) Van Hollen The result of the vote was announced The result of the vote was announced Garamendi Miller, George Vela´ zquez as above recorded. as above recorded. Giffords Minnick Visclosky Gonzalez Mollohan Walz The SPEAKER pro tempore. The Gordon (TN) Moore (KS) Wasserman A motion to reconsider was laid on question is on the conference report. Grayson Moore (WI) Schultz the table.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12464 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 INDIAN PUEBLO CULTURAL Heinrich Matsui Ross ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE CENTER CLARIFICATION ACT Heller McCarthy (NY) Rothman (NJ) The SPEAKER pro tempore (Mr. Hensarling McCaul Roybal-Allard The SPEAKER pro tempore. The un- Herger McClintock Ruppersberger SCHRADER) (during the vote). There are finished business is the question on Herseth Sandlin McCollum Ryan (OH) 2 minutes remaining in this vote. Higgins McCotter Ryan (WI) suspending the rules and passing the Hill McDermott Salazar b 1903 bill (H.R. 4445) to amend Public Law 95– Himes McGovern Sa´ nchez, Linda So (two-thirds being in the affirma- 232 to repeal a restriction on treating Hinchey McHenry T. tive) the rules were suspended and the as Indian country certain lands held in Hinojosa McIntyre Sanchez, Loretta Hirono McKeon Sarbanes bill, as amended, was passed. trust for Indian pueblos in New Mexico, Hodes McMahon Scalise The result of the vote was announced as amended. Hoekstra McMorris Schakowsky as above recorded. The Clerk read the title of the bill. Holden Rodgers Schauer Holt McNerney Schiff A motion to reconsider was laid on The SPEAKER pro tempore. The Honda Meek (FL) Schmidt the table. question is on the motion offered by Hoyer Meeks (NY) Schock the gentleman from New Mexico (Mr. Hunter Melancon Schrader f Mica Schwartz HEINRICH) that the House suspend the Inglis Inslee Michaud Scott (GA) REPORT ON RESOLUTION PRO- rules and pass the bill, as amended. Israel Miller (FL) Scott (VA) VIDING FOR CONSIDERATION OF The question was taken. Issa Miller (MI) Sensenbrenner H.R. 5618, RESTORATION OF The SPEAKER pro tempore. In the Jackson (IL) Miller (NC) Serrano Jackson Lee Miller, Gary Sessions EMERGENCY UNEMPLOYMENT opinion of the Chair, two-thirds being (TX) Miller, George Sestak COMPENSATION ACT OF 2010, in the affirmative, the ayes have it. Jenkins Minnick Shadegg AND WAIVING REQUIREMENT OF Johnson (GA) Mitchell Shea-Porter RECORDED VOTE CLAUSE 6(a) OF RULE XIII WITH Johnson (IL) Mollohan Sherman Mr. ANDREWS. Mr. Speaker, I de- Johnson, E. B. Moore (KS) Shimkus RESPECT TO CONSIDERATION OF mand a recorded vote. Johnson, Sam Moore (WI) Shuler CERTAIN RESOLUTIONS A recorded vote was ordered. Jones Moran (KS) Shuster Jordan (OH) Moran (VA) Simpson Ms. MATSUI, from the Committee on The SPEAKER pro tempore. This is a Kagen Murphy (CT) Sires Rules, submitted a privileged report 5-minute vote. Kanjorski Murphy (NY) Skelton (Rept. No. 111–519) on the resolution (H. The vote was taken by electronic de- Kaptur Murphy, Patrick Slaughter Res. 1495) providing for consideration Kennedy Murphy, Tim Smith (NE) vice, and there were—ayes 411, noes 0, Kildee Myrick Smith (NJ) of the bill (H.R. 5618) to continue Fed- not voting 21, as follows: Kilpatrick (MI) Nadler (NY) Smith (TX) eral unemployment programs, and [Roll No. 414] Kilroy Napolitano Smith (WA) waiving a requirement of clause 6(a) of Kind Neal (MA) Snyder rule XIII with respect to consideration AYES—411 King (IA) Neugebauer Space of certain resolutions reported from Ackerman Buyer Djou King (NY) Nunes Speier Aderholt Calvert Doggett Kingston Nye Spratt the Committee on Rules, which was re- Adler (NJ) Camp Donnelly (IN) Kirkpatrick (AZ) Oberstar Stark ferred to the House Calendar and or- Alexander Campbell Doyle Kissell Obey Stearns dered to be printed. Altmire Cantor Dreier Klein (FL) Olson Stupak Andrews Cao Driehaus Kline (MN) Olver Sullivan f Arcuri Capito Duncan Kosmas Ortiz Sutton Austria Capps Edwards (MD) Kratovil Owens Tanner REPORT ON RESOLUTION WAIVING Baca Capuano Edwards (TX) Kucinich Pallone Teague REQUIREMENT OF CLAUSE 6(a) Bachmann Cardoza Ellison Lamborn Pascrell Terry Bachus Carnahan Ellsworth Lance Pastor (AZ) Thompson (CA) OF RULE XIII WITH RESPECT TO Baird Carney Emerson Langevin Paul Thompson (MS) CONSIDERATION OF CERTAIN Baldwin Carson (IN) Engel Larsen (WA) Paulsen Thompson (PA) RESOLUTIONS Barrett (SC) Carter Eshoo Larson (CT) Payne Thornberry Barrow Cassidy Etheridge Latham Pence Tiahrt Ms. MATSUI, from the Committee on Bartlett Castle Fallin LaTourette Perlmutter Tiberi Rules, submitted a privileged report Barton (TX) Castor (FL) Farr Latta Perriello Tierney (Rept. No. 111–520) on the resolution (H. Bean Chaffetz Fattah Lee (CA) Peters Titus Becerra Chandler Filner Lee (NY) Peterson Tonko Res. 1496) waiving a requirement of Berkley Childers Flake Levin Petri Towns clause 6(a) of rule XIII with respect to Berman Chu Fleming Lewis (CA) Pingree (ME) Tsongas consideration of certain resolutions re- Berry Clarke Forbes Lewis (GA) Pitts Turner Biggert Clay Fortenberry Linder Platts Upton ported from the Committee on Rules, Bilbray Cleaver Foster Lipinski Poe (TX) Van Hollen which was referred to the House Cal- Bilirakis Clyburn Foxx LoBiondo Polis (CO) Vela´ zquez endar and ordered to be printed. Bishop (GA) Coble Franks (AZ) Loebsack Pomeroy Visclosky Bishop (NY) Coffman (CO) Frelinghuysen Lofgren, Zoe Posey Walden f Bishop (UT) Cohen Fudge Lowey Price (GA) Walz Blackburn Cole Gallegly Lucas Price (NC) Wasserman ANNOUNCEMENT BY THE SPEAKER Blumenauer Conaway Garrett (NJ) Luetkemeyer Putnam Schultz PRO TEMPORE Blunt Connolly (VA) Gerlach Luja´ n Radanovich Watson Boccieri Conyers Giffords Lummis Rahall Watt The SPEAKER pro tempore. Pursu- Boehner Cooper Gingrey (GA) Lungren, Daniel Rehberg Waxman ant to clause 8 of rule XX, the Chair Bonner Costa Gohmert E. Reichert Weiner will postpone further proceedings Bono Mack Costello Gonzalez Lynch Reyes Welch today on motions to suspend the rules Boozman Courtney Goodlatte Mack Richardson Westmoreland Boren Crenshaw Gordon (TN) Maffei Roe (TN) Whitfield on which a recorded vote on the yeas Boswell Critz Granger Maloney Rogers (AL) Wilson (OH) and nays are ordered, or on which the Boucher Crowley Graves (GA) Manzullo Rogers (KY) Wilson (SC) vote incurs objection under clause 6 of Boustany Cuellar Graves (MO) Marchant Rogers (MI) Wittman Boyd Culberson Grayson Markey (CO) Rohrabacher Wolf rule XX. Brady (PA) Cummings Green, Al Markey (MA) Rooney Wu Record votes on postponed questions Brady (TX) Dahlkemper Green, Gene Marshall Ros-Lehtinen Yarmuth will be taken later. Braley (IA) Davis (AL) Griffith Matheson Roskam Young (FL) Bright Davis (CA) Grijalva f Broun (GA) Davis (IL) Guthrie NOT VOTING—21 Brown (SC) Davis (KY) Gutierrez CRUISE VESSEL SECURITY AND Brown, Corrine Davis (TN) Hall (TX) Akin Garamendi Royce SAFETY ACT OF 2010 Brown-Waite, DeGette Halvorson DeFazio Hall (NY) Rush Ginny DeLauro Hare Delahunt Kirk Taylor Mr. CUMMINGS. Mr. Speaker, I move Buchanan Dent Harman Diaz-Balart, L. McCarthy (CA) Wamp to suspend the rules and concur in the Burgess Deutch Harper Diaz-Balart, M. Quigley Waters Burton (IN) Dicks Hastings (FL) Ehlers Rangel Woolsey Senate amendment to the bill (H.R. Butterfield Dingell Hastings (WA) Frank (MA) Rodriguez Young (AK) 3360) to amend title 46, United States

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Recently piracy has dra- shall— sengers and crew on cruise vessels, and matically increased throughout the world. ‘‘(A) have available for each passenger a (13) To enhance the safety of cruise pas- guide (referred to in this subsection as the ‘secu- for other purposes. sengers, the owners of cruise vessels could up- rity guide’), written in commonly understood The Clerk read the title of the bill. grade, modernize, and retrofit the safety and se- English, which— The text of the Senate amendment is curity infrastructure on such vessels by install- ‘‘(i) provides a description of medical and se- as follows: ing peep holes in passenger room doors, install- curity personnel designated on board to prevent Senate amendment: ing security video cameras in targeted areas, and respond to criminal and medical situations Strike out all after the enacting clause and limiting access to passenger rooms to select staff with 24 hour contact instructions; insert: during specific times, and installing acoustic (ii) describes the jurisdictional authority ap- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. hailing and warning devices capable of commu- plicable, and the law enforcement processes (a) SHORT TITLE.—This Act may be cited as nicating over distances. available, with respect to the reporting of homi- the ‘‘Cruise Vessel Security and Safety Act of SEC. 3. CRUISE VESSEL SECURITY AND SAFETY cide, suspicious death, a missing United States 2010’’. REQUIREMENTS. national, kidnapping, assault with serious bod- (b) TABLE OF CONTENTS.—The table of con- (a) IN GENERAL.—Chapter 35 of title 46, ily injury, any offense to which section 2241, tents for this Act is as follows: United States Code, is amended by adding at the 2242, 2243, or 2244(a) or (c) of title 18 applies, fir- Sec. 1. Short title; table of contents. end the following: ing or tampering with the vessel, or theft of Sec. 2. Findings. ‘‘§ 3507. Passenger vessel security and safety money or property in excess of $10,000, together Sec. 3. Cruise vessel security and safety require- requirements with contact information for the appropriate law enforcement authorities for missing persons ments. ‘‘(a) VESSEL DESIGN, EQUIPMENT, CONSTRUC- Sec. 4. Offset of administrative costs. or reportable crimes which arise— TION, AND RETROFITTING REQUIREMENTS.— Sec. 5. Budgetary effects. ‘‘(1) IN GENERAL.—Each vessel to which this ‘‘(I) in the territorial waters of the United SEC. 2. FINDINGS. subsection applies shall comply with the fol- States; The Congress makes the following findings: lowing design and construction standards: ‘‘(II) on the high seas; or (1) There are approximately 200 overnight ‘‘(A) The vessel shall be equipped with ship ‘‘(III) in any country to be visited on the voy- ocean-going cruise vessels worldwide. The aver- rails that are located not less than 42 inches age; ‘‘(B) provide a copy of the security guide to age ocean-going cruise vessel carries 2,000 pas- above the cabin deck. sengers with a crew of 950 people. ‘‘(B) Each passenger stateroom and crew the Federal Bureau of Investigation for com- (2) In 2007 alone, approximately 12,000,000 cabin shall be equipped with entry doors that ment; and passengers were projected to take a cruise include peep holes or other means of visual ‘‘(C) publicize the security guide on the worldwide. identification. website of the vessel owner. (3) Passengers on cruise vessels have an inad- ‘‘(C) For any vessel the keel of which is laid ‘‘(2) EMBASSY AND CONSULATE LOCATIONS.— equate appreciation of their potential vulner- after the date of enactment of the Cruise Vessel The owner of a vessel to which this section ap- ability to crime while on ocean voyages, and Security and Safety Act of 2010, each passenger plies shall provide in each passenger stateroom, those who may be victimized lack the informa- stateroom and crew cabin shall be equipped and post in a location readily accessible to all tion they need to understand their legal rights with— crew and in other places specified by the Sec- or to know whom to contact for help in the im- ‘‘(i) security latches; and retary, information regarding the locations of mediate aftermath of the crime. ‘‘(ii) time-sensitive key technology. the United States embassy and each consulate (4) Sexual violence, the disappearance of pas- ‘‘(D) The vessel shall integrate technology of the United States for each country the vessel sengers from vessels on the high seas, and other that can be used for capturing images of pas- will visit during the course of the voyage. serious crimes have occurred during luxury sengers or detecting passengers who have fallen ‘‘(d) SEXUAL ASSAULT.—The owner of a vessel cruises. overboard, to the extent that such technology is to which this section applies shall— (5) Over the last 5 years, sexual assault and available. ‘‘(1) maintain on the vessel adequate, in-date physical assaults on cruise vessels were the ‘‘(E) The vessel shall be equipped with a suffi- supplies of anti-retroviral medications and other leading crimes investigated by the Federal Bu- cient number of operable acoustic hailing or medications designed to prevent sexually trans- reau of Investigation with regard to cruise ves- other such warning devices to provide commu- mitted diseases after a sexual assault; sel incidents. nication capability around the entire vessel ‘‘(2) maintain on the vessel equipment and (6) These crimes at sea can involve attacks when operating in high risk areas (as defined by materials for performing a medical examination both by passengers and crewmembers on other the United States Coast Guard). in sexual assault cases to evaluate the patient passengers and crewmembers. ‘‘(2) FIRE SAFETY CODES.—In administering for trauma, provide medical care, and preserve (7) Except for United States flagged vessels, or the requirements of paragraph (1)(C), the Sec- relevant medical evidence; foreign flagged vessels operating in an area sub- retary shall take into consideration fire safety ‘‘(3) make available on the vessel at all times ject to the direct jurisdiction of the United and other applicable emergency requirements es- medical staff who have undergone a States, there are no Federal statutes or regula- tablished by the U.S. Coast Guard and under credentialing process to verify that he or she— tions that explicitly require cruise lines to report international law, as appropriate. ‘‘(A) possesses a current physician’s or reg- alleged crimes to United States Government offi- ‘‘(3) EFFECTIVE DATE.— istered nurse’s license and— cials. ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(i) has at least 3 years of post-graduate or (8) It is not known precisely how often crimes paragraph (B), the requirements of paragraph post-registration clinical practice in general and occur on cruise vessels or exactly how many (1) shall take effect 18 months after the date of emergency medicine; or people have disappeared during ocean voyages enactment of the Cruise Vessel Security and ‘‘(ii) holds board certification in emergency because cruise line companies do not make com- Safety Act of 2010. medicine, family practice medicine, or internal prehensive, crime-related data readily available ‘‘(B) LATCH AND KEY REQUIREMENTS.—The re- medicine; to the public. quirements of paragraph (1)(C) take effect on ‘‘(B) is able to provide assistance in the event (9) Obtaining reliable crime-related cruise the date of enactment of the Cruise Vessel Secu- of an alleged sexual assault, has received train- data from governmental sources can be difficult, rity and Safety Act of 2010. ing in conducting forensic sexual assault exam- because multiple countries may be involved ‘‘(b) VIDEO RECORDING.— ination, and is able to promptly perform such an when a crime occurs on the high seas, including ‘‘(1) REQUIREMENT TO MAINTAIN SURVEIL- examination upon request and provide proper the flag country for the vessel, the country of LANCE.—The owner of a vessel to which this sec- medical treatment of a victim, including admin- citizenship of particular passengers, and any tion applies shall maintain a video surveillance istration of anti-retroviral medications and countries having special or maritime jurisdic- system to assist in documenting crimes on the other medications that may prevent the trans- tion. vessel and in providing evidence for the prosecu- mission of human immunodeficiency virus and (10) It can be difficult for professional crime tion of such crimes, as determined by the Sec- other sexually transmitted diseases; and investigators to immediately secure an alleged retary. ‘‘(C) meets guidelines established by the Amer- crime scene on a cruise vessel, recover evidence ‘‘(2) ACCESS TO VIDEO RECORDS.—The owner ican College of Emergency Physicians relating of an onboard offense, and identify or interview of a vessel to which this section applies shall to the treatment and care of victims of sexual potential witnesses to the alleged crime. provide to any law enforcement official per- assault; (11) Most cruise vessels that operate into and forming official duties in the course and scope ‘‘(4) prepare, provide to the patient, and out of United States ports are registered under of an investigation, upon request, a copy of all maintain written documentation of the findings the laws of another country, and investigations records of video surveillance that the official be- of such examination that is signed by the pa- and prosecutions of crimes against passengers lieves may provide evidence of a crime reported tient; and and crewmembers may involve the laws and au- to law enforcement officials. ‘‘(5) provide the patient free and immediate thorities of multiple nations. ‘‘(c) SAFETY INFORMATION.— access to— (12) The Department of Homeland Security ‘‘(1) CRIMINAL ACTIVITY PREVENTION AND RE- ‘‘(A) contact information for local law en- has found it necessary to establish 500-yard se- SPONSE GUIDE.—The owner of a vessel to which forcement, the Federal Bureau of Investigation,

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the United States Coast Guard, the nearest ‘‘(D) the age and gender of the victim and the ‘‘(B) ACCESS TO WEBSITE.—Each cruise line United States consulate or embassy, and the Na- accused assailant; taking on or discharging passengers in the tional Sexual Assault Hotline program or other ‘‘(E) the nature of the alleged crime or com- United States shall include a link on its Internet third party victim advocacy hotline service; and plaint, as applicable, including whether the al- website to the website maintained by the Sec- ‘‘(B) a private telephone line and Internet-ac- leged perpetrator was a passenger or a crew- retary under subparagraph (A). cessible computer terminal by which the indi- member; ‘‘(h) ENFORCEMENT.— vidual may confidentially access law enforce- ‘‘(F) the vessel’s position at the time of the in- ‘‘(1) PENALTIES.— ment officials, an attorney, and the information cident, if known, or the position of the vessel at ‘‘(A) CIVIL PENALTY.—Any person that vio- and support services available through the Na- the time of the initial report; lates this section or a regulation under this sec- tional Sexual Assault Hotline program or other ‘‘(G) the time, date, and method of the initial tion shall be liable for a civil penalty of not third party victim advocacy hotline service. report and the law enforcement authority to more than $25,000 for each day during which ‘‘(e) CONFIDENTIALITY OF SEXUAL ASSAULT which the initial report was made; the violation continues, except that the max- EXAMINATION AND SUPPORT INFORMATION.—The ‘‘(H) the time and date the incident occurred, imum penalty for a continuing violation is master or other individual in charge of a vessel if known; $50,000. to which this section applies shall— ‘‘(I) the total number of passengers and the ‘‘(B) CRIMINAL PENALTY.—Any person that ‘‘(1) treat all information concerning an exam- total number of crew members on the voyage; willfully violates this section or a regulation ination under subsection (d) confidential, so and under this section shall be fined not more than that no medical information may be released to ‘‘(J) the case number or other identifier pro- $250,000 or imprisoned not more than 1 year, or the cruise line or other owner of the vessel or vided by the law enforcement authority to both. any legal representative thereof without the which the initial report was made. ‘‘(2) DENIAL OF ENTRY.—The Secretary may prior knowledge and approval in writing of the ‘‘(3) REQUIREMENT TO REPORT CRIMES AND deny entry into the United States to a vessel to patient, or, if the patient is unable to provide OTHER INFORMATION.— which this section applies if the owner of the ‘‘(A) IN GENERAL.—The owner of a vessel to written authorization, the patient’s next-of-kin, vessel— which this section applies (or the owner’s des- ‘‘(A) commits an act or omission for which a except that nothing in this paragraph prohibits ignee)— penalty may be imposed under this subsection; the release of— ‘‘(i) shall contact the nearest Federal Bureau or ‘‘(A) information, other than medical find- of Investigation Field Office or Legal Attache by ‘‘(B) fails to pay a penalty imposed on the ings, necessary for the owner or master of the telephone as soon as possible after the occur- owner under this subsection. vessel to comply with the provisions of sub- rence on board the vessel of an incident involv- ‘‘(i) PROCEDURES.—Within 6 months after the section (g) or other applicable incident reporting ing homicide, suspicious death, a missing United date of enactment of the Cruise Vessel Security laws; States national, kidnapping, assault with seri- and Safety Act of 2010, the Secretary shall issue ‘‘(B) information to secure the safety of pas- ous bodily injury, any offense to which section guidelines, training curricula, and inspection sengers or crew on board the vessel; or 2241, 2242, 2243, or 2244(a) or (c) of title 18 ap- and certification procedures necessary to carry ‘‘(C) any information to law enforcement offi- plies, firing or tampering with the vessel, or out the requirements of this section. cials performing official duties in the course and theft of money or property in excess of $10,000 to ‘‘(j) REGULATIONS.—The Secretary and the scope of an investigation; and report the incident; Commandant shall each issue such regulations ‘‘(2) treat any information derived from, or ob- ‘‘(ii) shall furnish a written report of the inci- as are necessary to implement this section. tained in connection with, post-assault coun- dent to an Internet based portal maintained by ‘‘(k) APPLICATION.— seling or other supportive services confidential, the Secretary; ‘‘(1) IN GENERAL.—This section and section so no such information may be released to the ‘‘(iii) may report any serious incident that 3508 apply to a passenger vessel (as defined in cruise line or any legal representative thereof does not meet the reporting requirements of section 2101(22)) that— without the prior knowledge and approval in clause (i) and that does not require immediate ‘‘(A) is authorized to carry at least 250 pas- writing of the patient, or, if the patient is un- attention by the Federal Bureau of Investiga- sengers; able to provide written authorization, the pa- tion via the Internet based portal maintained by ‘‘(B) has onboard sleeping facilities for each tient’s next-of-kin. the Secretary; and passenger; ‘‘(f) CREW ACCESS TO PASSENGER STATE- ‘‘(iv) may report any other criminal incident ‘‘(C) is on a voyage that embarks or dis- ROOMS.—The owner of a vessel to which this involving passengers or crewmembers, or both, embarks passengers in the United States; and section applies shall— to the proper State or local government law en- ‘‘(D) is not engaged on a coastwise voyage. ‘‘(1) establish and implement procedures and forcement authority. ‘‘(2) FEDERAL AND STATE VESSELS.—This sec- restrictions concerning— ‘‘(B) INCIDENTS TO WHICH SUBPARAGRAPH (A) tion and section 3508 do not apply to a vessel of ‘‘(A) which crewmembers have access to pas- APPLIES.—Subparagraph (A) applies to an inci- the United States operated by the Federal Gov- senger staterooms; and dent involving criminal activity if— ernment or a vessel owned and operated by a ‘‘(B) the periods during which they have that ‘‘(i) the vessel, regardless of registry, is State. access; and owned, in whole or in part, by a United States ‘‘(l) DEFINITIONS.—In this section and section ‘‘(2) ensure that the procedures and restric- person, regardless of the nationality of the vic- 3508: ‘‘(1) COMMANDANT.—The term ‘Commandant’ tions are fully and properly implemented and tim or perpetrator, and the incident occurs when means the Commandant of the Coast Guard. periodically reviewed. the vessel is within the admiralty and maritime ‘‘(2) OWNER.—The term ‘owner’ means the ‘‘(g) LOG BOOK AND REPORTING REQUIRE- jurisdiction of the United States and outside the owner, charterer, managing operator, master, or MENTS.— jurisdiction of any State; other individual in charge of a vessel. ‘‘(1) IN GENERAL.—The owner of a vessel to ‘‘(ii) the incident concerns an offense by or which this section applies shall— against a United States national committed out- ‘‘§ 3508. Crime scene preservation training for ‘‘(A) record in a log book, either electronically side the jurisdiction of any nation; passenger vessel crewmembers or otherwise, in a centralized location readily ‘‘(iii) the incident occurs in the Territorial Sea ‘‘(a) IN GENERAL.—Within 1 year after the accessible to law enforcement personnel, a re- of the United States, regardless of the nation- date of enactment of the Cruise Vessel Security port on— ality of the vessel, the victim, or the perpetrator; and Safety Act of 2010, the Secretary, in con- ‘‘(i) all complaints of crimes described in para- or sultation with the Director of the Federal Bu- graph (3)(A)(i), ‘‘(iv) the incident concerns a victim or perpe- reau of Investigation and the Maritime Adminis- ‘‘(ii) all complaints of theft of property valued trator who is a United States national on a ves- tration, shall develop training standards and in excess of $1,000, and sel during a voyage that departed from or will curricula to allow for the certification of pas- ‘‘(iii) all complaints of other crimes, arrive at a United States port. senger vessel security personnel, crewmembers, committed on any voyage that embarks or dis- ‘‘(4) AVAILABILITY OF INCIDENT DATA VIA and law enforcement officials on the appro- embarks passengers in the United States; and INTERNET.— priate methods for prevention, detection, evi- ‘‘(B) make such log book available upon re- ‘‘(A) WEBSITE.—The Secretary shall maintain dence preservation, and reporting of criminal quest to any agent of the Federal Bureau of In- a statistical compilation of all incidents de- activities in the international maritime environ- vestigation, any member of the United States scribed in paragraph (3)(A)(i) on an Internet ment. The Administrator of the Maritime Ad- Coast Guard, and any law enforcement officer site that provides a numerical accounting of the ministration may certify organizations in the performing official duties in the course and missing persons and alleged crimes recorded in United States and abroad that offer the cur- scope of an investigation. each report filed under paragraph (3)(A)(i) that riculum for training and certification under ‘‘(2) DETAILS REQUIRED.—The information re- are no longer under investigation by the Federal subsection (c). corded under paragraph (1) shall include, at a Bureau of Investigation. The data shall be up- ‘‘(b) MINIMUM STANDARDS.—The standards es- minimum— dated no less frequently than quarterly, aggre- tablished by the Secretary under subsection (a) ‘‘(A) the vessel operator; gated by cruise line, each cruise line shall be shall include— ‘‘(B) the name of the cruise line; identified by name, and each crime shall be ‘‘(1) the training and certification of vessel se- ‘‘(C) the flag under which the vessel was oper- identified as to whether it was committed by a curity personnel, crewmembers, and law en- ating at the time the reported incident occurred; passenger or a crew member. forcement officials in accordance with accepted

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00068 Fmt 0688 Sfmt 6333 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12467 law enforcement and security guidelines, poli- (b) COMBINATION OF FISHERIES ENFORCEMENT All available statistics indicate that cies, and procedures, including recommenda- PLANS AND FOREIGN FISHING INCURSION RE- crime is rare on cruise vessels, but it tions for incorporating a background check PORTS.—The Secretary of the department in does happen. Therefore, H.R. 3360 seeks process for personnel trained and certified in which the Coast Guard is operating shall com- to improve the safety of passengers on foreign ports; bine the reports required under section 224 of ‘‘(2) the training of students and instructors the Coast Guard and Maritime Transportation cruise vessels by requiring common- in all aspects of prevention, detection, evidence Act of 2004 (16 U.S.C. 1861b) and section 804 of sense measures to help prevent crimi- preservation, and reporting of criminal activities the Coast Guard and Maritime Transportation nal activity and to ensure cruise lines in the international maritime environment; and Act of 2004 (16 U.S.C. 1828) into a single annual respond appropriately when a crime oc- ‘‘(3) the provision or recognition of off-site report for fiscal years beginning after fiscal year curs, including, by providing proper training and certification courses in the United 2010. care for crime victims and securing States and foreign countries to develop and pro- SEC. 5. BUDGETARY EFFECTS. crime scenes. vide the required training and certification de- The budgetary effects of this Act, for the pur- I believe that H.R. 3360 responds di- scribed in subsection (a) and to enhance secu- pose of complying with the Statutory Pay-As- rectly to the problems we examined in rity awareness and security practices related to You-Go-Act of 2010, shall be determined by ref- the preservation of evidence in response to our hearings by requiring reasonable erence to the latest statement titled ‘‘Budgetary alterations in vessel design, equipment, crimes on board passenger vessels. Effects of PAYGO Legislation’’ for this Act, sub- ‘‘(c) CERTIFICATION REQUIREMENT.—Begin- mitted for printing in the Congressional Record and construction standards to increase ning 2 years after the standards are established by the Chairman of the Senate Budget Com- the physical safety and security of pas- under subsection (b), no vessel to which this sec- mittee, provided that such statement has been sengers. tion applies may enter a United States port on submitted prior to the vote on passage. For example, H.R. 3360 requires that a voyage (or voyage segment) on which a United The SPEAKER pro tempore. Pursu- cruise vessels install peepholes or simi- States citizen is a passenger unless there is at lar features in cabin doors so that pas- least 1 crewmember onboard who is certified as ant to the rule, the gentleman from having successfully completed training in the Maryland (Mr. CUMMINGS) and the gen- sengers can identify who is at their prevention, detection, evidence preservation, tleman from New Jersey (Mr. LOBI- door without having to open the door. H.R. 3360 also requires that cruise and reporting of criminal activities in the inter- ONDO) each will control 20 minutes. national maritime environment on passenger The Chair recognizes the gentleman vessels have railings that are at least vessels under subsection (a). from Maryland. 42 inches high to help prevent pas- ‘‘(d) INTERIM TRAINING REQUIREMENT.—No sengers from falling overboard. This GENERAL LEAVE vessel to which this section applies may enter a legislation also requires that cruise Mr. CUMMINGS. Mr. Speaker, I ask United States port on a voyage (or voyage seg- ships have onboard trained medical ment) on which a United States citizen is a pas- unanimous consent that all Members personnel who can provide treatment senger unless there is at least 1 crewmember on- may have 5 legislative days within board who has been properly trained in the pre- to assault victims, collect evidence to which to revise and extend their re- support prosecutions, and administer vention detection, evidence preservation and the marks and to include extraneous mate- reporting requirements of criminal activities in antiretroviral medications. This legis- rial on H.R. 3360. lation also requires that a store of such the international maritime environment. The The SPEAKER pro tempore. Is there owner of a such a vessel shall maintain certifi- medications be maintained on cruise cation or other documentation, as prescribed by objection to the request of the gen- vessels. the Secretary, verifying the training of such in- tleman from Maryland? And at this point, Mr. Speaker, I dividual and provide such documentation upon There was no objection. would also like to give credit to my request for inspection in connection with en- Mr. CUMMINGS. Mr. Speaker, I yield colleague on our subcommittee and forcement of the provisions of this section. This myself such time as I may consume. committee, Congresswoman CORRINE subsection shall take effect 1 year after the date Mr. Speaker, I rise today to urge the BROWN of Florida, who fought very of enactment of the Cruise Vessel Safety and Se- passage of the Senate amendments to curity Act of 2010 and shall remain in effect hard to make sure that folks who may H.R. 3360, the Cruise Vessel Security have been victims of rape had the ap- until superseded by the requirements of sub- and Safety Act of 2010. The House section (c). propriate personnel to address their passed H.R. 3360 on November 17 by a ‘‘(e) CIVIL PENALTY.—Any person that vio- concerns, as did Ms. MATSUI. These pro- lates this section or a regulation under this sec- vote of 416–4. On June 10, 2010, the Sen- visions are critical to ensuring that tion shall be liable for a civil penalty of not ate passed this legislation with an those who are victims of sexual assault more than $50,000. amendment which is now before us for have immediate access to state-of-the- ‘‘(f) DENIAL OF ENTRY.—The Secretary may consideration today. art medical care. deny entry into the United States to a vessel to I applaud my distinguished colleague, which this section applies if the owner of the H.R. 3360 also specifies certain crimes Congresswoman DORIS MATSUI, the au- vessel— that must be reported to U.S. authori- ‘‘(1) commits an act or omission for which a thor of H.R. 3360, for her hard work on ties by any vessel calling on a U.S. penalty may be imposed under subsection (e); or this legislation and for her tireless port, and it requires the government to ‘‘(2) fails to pay a penalty imposed on the work on behalf of her constituent, Ms. maintain an Internet site that provides owner under subsection (e).’’. Laurie Dishman, and of all victims of a numerical accounting of the reported (b) CLERICAL AMENDMENT.—The table of con- crimes on cruise ships. crimes. Such statistics will be aggre- tents for such chapter is amended by adding at As chairman of the Subcommittee on the end the following: gated by individual cruise lines, and the Coast Guard and Maritime Trans- ‘‘3507. Passenger vessel security and safety re- cruise lines will be required to main- quirements portation, I’ve convened two hearings tain a link to the site on their own Web ‘‘3508. Crime scene preservation training for to examine the issue of crime on cruise pages. passenger vessel crewmembers’’. ships. I applaud Ms. Dishman and so The Senate amendment made several SEC. 4. OFFSET OF ADMINISTRATIVE COSTS. many other victims and family mem- changes to the legislation passed by (a) REPEAL OF CERTAIN REPORT REQUIRE- bers of victims for testifying before my the House. Some of these changes en- MENTS.— subcommittee and for their long effort hance the legislation, including the ad- (1) Section 1130 of the Coast Guard Authoriza- to support the development of legisla- dition of a provision requiring cruise tion Act of 1996 (33 U.S.C. 2720 note) is amended tion that would help ensure no one else by striking subsection (b). ships to inform passengers of jurisdic- (2) Section 112 of the Maritime Transportation is a victim of a crime on a cruise ship. tional authority applicable to crimes Security Act of 2002 (46 U.S.C. 70101 note) is re- Almost all of the nearly 200 cruise occurring in United States territorial pealed. vessels embarking and disembarking waters, on the high seas, and in the (3) Section 676 of title 14, United States Code, passengers in the U.S. are registered in countries visited by the vessel. is amended by striking subsection (d). foreign countries. As a result, when That said, the Senate amendment (4) Section 355 of title 37, United States Code, Americans step onto a cruise vessel, also eliminates a number of reports un- is amended by striking subsection (h) and redes- ignating subsection (i) as subsection (h). they are stepping onto what becomes a related to crime on cruise ships that (5) Section 205 of the Coast Guard and Mari- floating piece of another country’s ju- have been required by other pieces of time Transportation Act of 2004 (14 U.S.C. 637 risdiction as soon as it leaves U.S. legislation to be submitted to the Con- note) is amended by striking subsection (d). waters. gress by the Coast Guard, including a

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12468 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 report on foreign-flagged vessels call- lieve we should review the impacts of for their support. This has been a long, ing on U.S. ports and a report on Coast this language at some point in the fu- difficult road for all cruise victims and Guard staffing levels in search and res- ture. their families. And believe me, this leg- cue centers. That being said, the bill will provide islation is truly a result of their cour- I understand that the elimination of additional protections to U.S. pas- age, their dedication, and their convic- these reports was demanded by a few sengers, and I ask all Members to join tion to preventing further crimes from Senators, ostensibly to offset the costs me in supporting the bill. happening. of implementing safety and security I reserve the balance of my time. I urge my colleagues to support this reforms on cruise vessels. I do not be- Mr. CUMMINGS. Mr. Speaker, I yield important legislation and pave the way lieve that measures that improve safe- 4 minutes to the sponsor of the bill who for safety of all cruise passengers. ty and security, and particularly not has worked very hard on this legisla- Mr. LOBIONDO. Mr. Speaker, I yield measures such as H.R. 3360, which im- tion for years now, the distinguished to my colleague from Texas, Congress- poses almost all new requirements on lady from California, Congresswoman man POE, such time as he may con- the cruise lines themselves, should re- MATSUI. sume. quire offsets, and particularly not off- Ms. MATSUI. I thank the gentleman Mr. POE of Texas. I appreciate the sets such as these. from Maryland for yielding me time. gentleman for yielding. I rise totally in support of H.R. 3360, That said, enactment of H.R. 3360 Mr. Speaker, I rise in support of the the Cruise Vessel Security and Safety will make cruising safer for the mil- Senate amendments to H.R. 3360, the Act of 2010. This legislation passed the lions of Americans who travel on cruise Cruise Vessel Security and Safety Act, House with strong support in Novem- vessels each year, and I urge all of the legislation that I introduced and which ber of last year, and I am pleased to see Members of the House to join in pass- passed the House by a strong bipar- it return from the other body as an im- ing the Senate amendments to H.R. tisan vote of 416–4 in November of last proved bill ready for final passage. I 3360. year. The bill received similar support commend my colleague, Ms. MATSUI of I also take this moment to thank my in the Senate, which passed it with unanimous consent earlier this month. California, who has been relentless as ranking member, Mr. LOBIONDO, for an advocate for protection of the cruise our bipartisan efforts in seeing that The Senate amendments to this leg- islation are also bipartisan in nature, line passengers. this legislation got to the floor and is Mr. Speaker, every year cruise line and I urge my colleagues to support passed. companies carry over 10 million Ameri- the bill before us that would send crit- I again commend Congresswoman cans to and from American ports. The ical consumer protection language to MATSUI for her dedication to this cause cruise lines promise Americans safety, the President for his consideration. For and for her extraordinary work on H.R. security, fun, and relaxation aboard far too long American families have 3360. the ships. But as we have seen, safety Mr. Speaker, I reserve the balance of unknowingly been at risk when em- is not something the cruise lines are my time. barking on cruise vacations. always prepared to guarantee. Four years ago, one of my constitu- b 1915 According to the FBI, sexual assault ents, Laurie Dishman, wrote to me for is the leading crime reported and in- Mr. LOBIONDO. Mr. Speaker, I yield help. Laurie was the victim of a sexual vestigated by the agency among crimes myself such time as I may consume. assault while on a cruise vacation. She that occur on the high seas. In fact, in Mr. Speaker, the House is consid- was given no assistance by the cruise a 2005 hearing before the Committee on ering the Senate amendments to H.R. line in properly securing evidence of Government Reform, Chris Swecker, 3360, the Cruise Ship Security and Safe- the assault, no assistance in identi- assistant director of the Criminal In- ty Act of 2010. I supported passage of fying her attacker, no assistance in vestigative Division of the FBI, noted the original bill and intend to support prosecuting the crime once back on that, ‘‘Sexual assaults are the domi- this final version because, on the shore. Devastated, Laurie reached out nant threat to women and minors on whole, the bill is a significant improve- to me, and I immediately worked with the high seas, with the majority of ment over legislation that was consid- Chairman CUMMINGS, who committed these incidences occurring on cruise ered by the House in the 110th Con- to me to hold hearings on this issue ships.’’ His statements are backed up gress. and began to work on this critical leg- by the disturbing frequency of assaults The Committee on Transportation islation. onboard these ships. During one 6- and Infrastructure has closely exam- These hearings made apparent the month period in 2007, the cruise lines ined the factors that are impacting the gross inadequacies of current cruise reported 41 separate instances of sexual safety and security of American citi- safety provisions. And with ongoing assault to the FBI, 19 of which were zens aboard cruise ships that operate in news coverage of rapes on cruise ships, categorized as rape. and out of United States ports. H.R. it is clear that this legislation is both There are troubling patterns to these 3360 makes commonsense improve- urgent and necessary. My legislation assaults. In 2007, a Los Angeles Times ments which will enhance safeguards establishes stringent new standards to report revealed that over a 32-month for passengers during the cruise. While ensure the safety and security of pas- period, Royal Caribbean reported over no level of procedural or structural sengers on cruise vessels. Its reforms 250 incidents of sexual assault, battery, modification can prevent all incidents include requiring that vessel personnel and harassment. But the most star- from occurring, I believe this bill will be able to preserve evidence of crimes tling fact about these cases: Almost 40 significantly enhance the capabilities committed on these vessels, and pro- percent of these crimes were com- of both passengers and cruise lines in vide appropriate medical treatment to mitted by cruise company employees. the future. the victims of sexual assaults. In fact, Ms. MATSUI’s constituent, Lau- The bill will also codify an agree- Security, safety, and accountability rie Dishman, was sexually assaulted by ment between the FBI and cruise ship must all be strengthened to hold crimi- a cruise ship security guard. lines which will require cruise opera- nals accountable and end the cycle of Laurie Dishman knew what to do, tors to immediately notify Federal law serious, dangerous crimes aboard which was call her Member of Con- enforcement agencies of major inci- cruise ships. gress. And when Ms. MATSUI found out dents that occur aboard a vessel. I would like to thank both Chairmen, about this situation, she did what she I am concerned by one change that CUMMINGS and OBERSTAR for the good needed to do and worked relentlessly was included in the Senate bill to ex- work their committees and staffs have with both sides of the body here to pand criminal liability to apply to a done on this bill and for their tremen- make sure that this legislation came to wide range of actions under the bill. dous support in making this bill a re- a vote and now final passage. This goes far beyond what was agreed ality. I would also like to thank my Mr. Speaker, the frequency of these to in the original House bill, and I be- colleagues on the other side of the aisle cases and the overwhelming statistics

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12469 should not be tolerated. If U.S.-based access to assistance that are available to vic- ing to overcome Republican objections to the cruise ship companies who own and op- tims of crime under U.S. law and the laws of bill, enabling Senate passage of the legisla- erate foreign-flagged passenger vessels other countries. tion. want to access millions of Americans H.R. 3360 establishes stringent new stand- With enactment of this legislation, I am who travel on these ships, they should ards including training for ships’ personnel to hopeful that the stories of Laurie Dishman and be required to implement simple, prop- preserve evidence of crimes and provide ap- Merrian Carver will become a thing of the er safety and security improvements propriate medical treatment. Specifically, H.R. past. Although we cannot stop all crimes for all travelers. 3360 requires cruise lines to aid U.S. inves- aboard cruise ships (or anywhere else), we As the cochair and founder of the tigators by training crewmembers in crime can ensure that Americans will be protected Congressional Victims’ Rights Caucus, scene preservation, by mandating log book by our system of justice. I am proud to support H.R. 3360. This entries detailing complaints of crimes, and by I urge my colleagues to join me in sup- bill will implement necessary safety making available video tapes and other forms porting the Senate amendment to H.R. 3360, measures onboard cruise ships, includ- of evidence. the ‘‘Cruise Vessel Security and Safety Act of ing video surveillance and proper docu- The legislation also provides much-needed 2010.’’ mentation of complaints by passengers. support for the victims of crime by requiring Mr. LOBIONDO. Mr. Speaker, I have Most importantly, the law mandates cruise lines to provide on board medical pro- no further requests for time, and I that cruise ship personnel contact both fessionals who are trained to treat victims of yield back the balance of my time. the FBI and the Coast Guard as soon as sexual assaults, medications, and access to Mr. CUMMINGS. In closing, I will serious crimes like homicide, kidnap- victims’ support services. just urge my colleagues to vote in ping, and assault are reported by the In addition, H.R. 3360 ensures that the pub- favor of this very, very important piece passengers. lic can make informed choices before booking of legislation that will have far-reach- This strong legislation will protect a cruise. The bill requires the Secretary of ing effects. the safety of millions of Americans and Homeland Security to compile and maintain Mr. Speaker, I have no further re- hold law violators accountable for sex- statistical data of certain incidents on an inter- quests for time, and I yield back the ual assault on the high seas. No longer net website. The data would identify each balance of my time. will criminals be able to hide on our cruise line and each cruise line would be re- The SPEAKER pro tempore. The oceans when they commit crimes quired to provide a link on its internet site to question is on the motion offered by against Americans. So I urge my col- the website maintained by the Secretary. the gentleman from Maryland (Mr. leagues to support this bill. Finally, H.R. 3360 enhances the safety and CUMMINGS) that the House suspend the Mr. OBERSTAR. Mr. Speaker, I rise today security of cruise passengers by requiring rules and concur in the Senate amend- in strong support of the Senate amendment to cruise lines to upgrade, modernize, and retrofit ment to the bill, H.R. 3360. H.R. 3360, the ‘‘Cruise Vessel Security and the safety and security infrastructure on their The question was taken; and (two- Safety Act of 2010.’’ vessels by installing peep holes in passenger thirds being in the affirmative) the Serious crimes are committed at sea aboard doors, video surveillance cameras, time-sen- rules were suspended and the Senate cruise vessels just as they are committed on sitive electronic key technology, higher rail- amendment was concurred in. land. Over the last five years, sexual and ings, and acoustic hailing devices. A motion to reconsider was laid on physical assaults were the leading crimes It is estimated that 10.6 million Americans the table. committed aboard cruise vessels and inves- enjoyed a cruise vacation in 2007. Millions f tigated by the Federal Bureau of Investigation. more have cruised since and millions more will Alarmingly, it is not known precisely how cruise in the future. We need to ensure the CORRECTING THE ENROLLMENT often crimes are committed on cruise vessels security and safety of passengers and crews OF H.R. 3360 or how many people have disappeared during on cruise vessels and to provide support for Mr. CUMMINGS. Mr. Speaker, I move ocean voyages because cruise lines that are the victims of crime at sea. to suspend the rules and agree to the registered in countries other than the United With passage of this legislation today, the concurrent resolution (H. Con. Res. 289) States are not required to make crime-related bill will be cleared for the President’s consider- directing the Clerk of the House of data available. ation. Representatives to make a technical In fact, only one of the nearly 200 cruise Before closing, I want to acknowledge the correction in the enrollment of H.R. vessels that serve the North American market extraordinary work of the gentlewoman from 3360. is registered in the United States. This means California (Ms. MATSUI) for bringing us to this The Clerk read the title of the con- that only one cruise vessel serving the North point. In 2006, Ms. MATSUI’s constituent, Lau- current resolution. American market is, at all times, subject to the rie Dishman, who was the victim of a crime The text of the concurrent resolution laws of the United States and required to re- aboard a cruise ship, reached out to Ms. MAT- is as follows: port incidents of alleged crimes to United SUI and Congress for help in addressing the H. CON. RES. 289 States law enforcement agencies. significant shortcomings of cruise vessel safe- While there are limited circumstances in ty and security. Ms. Dishman had the courage Resolved by the House of Representatives (the which the U.S. can assert jurisdiction over and fortitude to tell her heart-wrenching story Senate concurring), That in the enrollment of the bill (H.R. 3360) to amend title 46, United some crimes occurring on cruise ships, cruise to our Committee in a hearing on these States Code, to establish requirements to en- vessels registered in foreign countries directly issues. Knowing Ms. Dishman’s story, Ms. sure the security and safety of passengers fall under the jurisdiction of the United States MATSUI drafted this bill and has worked for and crew on cruise vessels, and for other pur- only when they are operating in U.S. waters— more than three years to get Congress to this poses, the Clerk of the House of Representa- in U.S. ports or sailing within 12 miles of the point. tives shall make the following correction: In U.S. coast. I also thank the gentlemen from Arizona section 4(b), strike ‘‘Coast Guard and Mari- At all other times, foreign-registered vessels (Mr. SHADEGG and Mr. MITCHELL), who have time Transportation Act of 2004’’ the second operate subject to the laws of the country in strongly supported this bill on behalf of the place it appears and insert ‘‘Coast Guard and Maritime Transportation Act of 2006’’. which the vessel is registered or in whose daughter of an Arizona constituent. Merrian waters they are travelling. The laws in these Carver disappeared from a cruise ship in Au- The SPEAKER pro tempore. Pursu- countries may not—and often do not—provide gust 2004, and was never found. What makes ant to the rule, the gentleman from the same rights and protections to crime vic- Ms. Carver’s case even more shocking is not Maryland (Mr. CUMMINGS) and the gen- tims that would be provided under U.S. law. just that a vibrant, young woman was lost, but tleman from New Jersey (Mr. LOBI- However, foreign-registered cruise vessels that her disappearance was not reported by ONDO) each will control 20 minutes. can be subject to some U.S. laws as a condi- the cruise line to the U.S. Coast Guard or the The Chair recognizes the gentleman tion of entry into U.S. ports. FBI until well after the voyage ended. from Maryland. By applying conditions upon U.S. port entry, Finally, I thank Chairman JAY ROCKEFELLER, GENERAL LEAVE H.R. 3360 seeks to bridge some of the poten- Chairman of the Senate Committee on Com- Mr. CUMMINGS. Mr. Speaker, I ask tial gaps between the rights, protections, and merce, Science, and Transportation, for work- unanimous consent that all Members

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12470 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 may have 5 legislative days within Whereas the United States and Thailand There was no objection. which to revise and extend their re- furthered their alliance with the Southeast Ms. WATSON. Mr. Speaker, I rise in marks and to include extraneous mate- Asia Collective Defense Treaty, (commonly strong support of this resolution, and known as the ‘‘Manila Pact of 1954’’) signed yield myself as much time as I may rial on H. Con. Res. 289. at Manila September 8, 1954, and the United The SPEAKER pro tempore. Is there States designated Thailand as a major non- consume. objection to the request of the gen- North Atlantic Treaty Organization (NATO) Mr. Speaker, I want to thank my tleman from Maryland? ally in December 2003; good friend, Congressman There was no objection. Whereas, through the Treaty of Amity and FALEOMAVAEGA, for introducing this Mr. CUMMINGS. Mr. Speaker, I yield Economic Relations, signed at Bangkok May important resolution, which calls for a myself such time as I may consume. 26, 1966, along with a diverse and growing peaceful resolution to the political sit- Mr. Speaker, H. Con. Res. 289 simply trading relationship, the United States and uation in Thailand through democratic Thailand have developed critical economic corrects a drafting error in the Senate ties; means. amendments to H.R. 3360. Specifically, Whereas Thailand is a key partner of the As we all know, earlier this year Red the Senate amendments intended to United States in Southeast Asia and has sup- Shirt protesters occupied the streets of combine required Coast Guard reports ported closer relations between the United Bangkok for 9 weeks. At first, these on fisheries enforcement plans and on States and the Association of Southeast protests were peaceful. Over time, how- efforts to prevent the incursion of for- Asian Nations (ASEAN); ever, clashes between the Red Shirts eign fishing vessels into U.S. waters. Whereas Thailand has the longest-serving and the security forces escalated into monarch in the world, His Majesty King However, the Senate amendments in- Bhumibol Adulyadej, who is loved and re- urban warfare. By mid-May, 89 people, correctly referred to section 804 of the spected for his dedication to the people of the vast majority of them civilians, Coast Guard and Maritime Transpor- Thailand; had been killed, and around 1,800 tation Act of 2004 rather than the act Whereas Prime Minister Abhisit Vejjajiva wounded, including a renegade Thai of 2006, which is the correct cite for the has issued a 5-point roadmap designed to pro- general who joined the antigovernment requirement that the Coast Guard sub- mote the peaceful resolution of the current protests. mit biannual reports on the service’s political crisis in Thailand; Since the outbreak of these protests, Whereas approximately 500,000 people of progress in detecting and interdicting Thai descent live in the United States and the government has made significant incursions by foreign fishing vessels foster strong cultural ties between the 2 strides towards addressing the con- into the U.S. Exclusive Economic Zone. countries; and cerns of the protesters. Earlier this H. Con. Res. 289 merely corrects the Whereas Thailand remains a steadfast month, Prime Minister Abhisit legal cite, but does not make any other friend with shared values of freedom, democ- Vejjajiva announced that he plans to changes to the Senate amendments to racy, and liberty: Now, therefore, be it hold new elections by the end of 2011. Resolved, That the House of Representa- H.R. 3360. tives— b 1930 I reserve the balance of my time. (1) affirms the support of the people and His fans called for all parties to join Mr. LOBIONDO. Mr. Speaker, this is the Government of the United States for a purely technical. We have no objection. strong and vital alliance with Thailand; together in upholding the institution I yield back the balance of my time. (2) calls for the restoration of peace and of the constitutional monarchy, work- Mr. CUMMINGS. Mr. Speaker, I yield stability throughout Thailand; ing towards resolving fundamental back the balance of my time. (3) urges all parties involved in the polit- problems of social justice, ensuring The SPEAKER pro tempore. The ical crisis in Thailand to renounce the use of that the media can operate freely, cre- violence and to resolve their differences question is on the motion offered by ating an independent committee to in- peacefully through dialogue; vestigate the street protests, and es- the gentleman from Maryland (Mr. (4) supports the goals of the 5-point road- CUMMINGS) that the House suspend the map of the Government of Thailand for na- tablishing political rules through solic- rules and agree to the concurrent reso- tional reconciliation, which seeks to— itation of views from all sides. lution, H. Con. Res. 289. (A) uphold, protect, and respect the insti- I believe that the Prime Minister’s The question was taken; and (two- tution of the constitutional monarchy; plan is a positive step towards achiev- thirds being in the affirmative) the (B) resolve fundamental problems of social ing democratic reconciliation. Earlier justice systematically and with participa- this month, the Prime Minister sur- rules were suspended and the concur- tion by all sectors of society; rent resolution was agreed to. vived a vote of no confidence in the (C) ensure that the media can operate free- parliament over his handling of the A motion to reconsider was laid on ly and constructively; the table. (D) establish facts about the recent vio- protests, demonstrating that there is lence through investigation by an inde- support for the PM to lead the country f pendent committee; and towards reconciliation. AFFIRMING SUPPORT FOR A (E) establish mutually acceptable political I want to remind my colleagues that STRONG ALLIANCE WITH THAI- rules through the solicitation of views from Thailand is one of the United States’ all sides; and LAND closest friends and most dependable al- (5) promotes the timely implementation of lies. In 1833 we concluded the first trea- Ms. WATSON. Mr. Speaker, I move to an agreed plan for national reconciliation in Thailand so that free and fair elections can ty with an Asian nation when we joined suspend the rules and agree to the reso- with Thailand in the Treaty of Amity lution (H. Res. 1321) expressing the be held. The SPEAKER pro tempore. Pursu- and Commerce. In 1954, we forged a sense of the House of Representatives military alliance. And in 2003, the that the political situation in Thailand ant to the rule, the gentlewoman from California (Ms. WATSON) and the gen- United States designated Thailand as a be solved peacefully and through demo- major non-NATO ally. cratic means, as amended. tlewoman from Florida (Ms. ROS- LEHTINEN) each will control 20 minutes. Because of our long history, I believe The Clerk read the title of the resolu- that we must do everything we can to tion. The Chair recognizes the gentle- woman from California. support reconciliation in Thailand and The text of the resolution is as fol- to convey our sincere hope that Thai- lows: GENERAL LEAVE Ms. WATSON. Mr. Speaker, I ask land continues to prosper with democ- H. RES. 1321 unanimous consent that all Members racy, stability, and the rule of law. Whereas Thailand became the first treaty may have 5 legislative days to revise That is why I cosponsored House Reso- ally of the United States in the Asia-Pacific and extend their remarks and include lution 1321, and I urge all my col- region with the Treaty of Amity and Com- leagues to join me in supporting this merce, signed at Sia-Yut’hia (Bangkok) extraneous material on the resolution March 20, 1833, between the United States under consideration. resolution and moving it towards and Siam, during the administration of The SPEAKER pro tempore. Is there speedy adoption. President Andrew Jackson and the reign of objection to the request of the gentle- Mr. Speaker, I reserve the balance of King Rama III; woman from California? my time.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12471 Ms. ROS-LEHTINEN. Mr. Speaker, I Mr. Speaker and colleagues, I strong- ing trade between our two countries am proud to yield such time as he may ly urge passage of this resolution and has made Thailand America’s 25th larg- consume to the gentleman from Hawaii hope, on behalf of my family, that est goods trading partner according to (Mr. DJOU), a member of the Armed these differences that are going on the statistics provided by the U.S. Forces and Budget Committees and the right now in Thailand are resolved Trade Representative. first Member of Congress to be of half peacefully. So it is clearly in America’s interest Thai descent. Ms. ROS-LEHTINEN. Mr. Speaker, I for the recent violence to come to an Mr. DJOU. Thank you to the gentle- would like to yield myself such time as end so that this militarily dependable lady from Florida. I also want to ex- I may consume. and economically vibrant ally can press my thanks to Mr. FALEOMAVAEGA I would like to start out by thanking move forward toward national rec- for bringing this resolution. the gentleman from Hawaii for those onciliation. Hopefully, the proposed Mr. Speaker and Members, it is with insightful words and for his personal national reconciliation will lead to a some degree of sadness that I rise to commitment and family honor in mak- permanent healing of Thai society so speak in support of this resolution. Mr. ing sure that we can have a peaceful that the Thai people do not escape Speaker and Members, it is my under- resolution to this conflict. from the tiger into the crocodile, as standing from the House Historian’s And I also rise in support of this res- the Thai saying goes, moving from one Office that I am the first Member of olution which honors our Nation’s crisis to another. the United States Congress of Thai an- long-standing alliance with the Gov- This resolution, Mr. Speaker, calling cestry. ernment and the people of Thailand. It for an end to violence through peaceful For myself, Thailand is not just a also calls for a settlement of the polit- and democratic means and for a rededi- place. It is not just an ally of the ical situation in that country through cation to our vital alliance is some- United States. It is some place where peaceful and democratic means. thing our Members should strongly my mother was born and raised and The scenes on television screens support, as do I. most of my mother’s side of the family around the world last month of Bang- Mr. MANZULLO. Mr. Speaker, as the senior continues to reside. I of course speak in kok burning were unnerving to all who Republican on the Asia Subcommittee of the very strong support of this resolution wish the Thai people well. A 2-month House Foreign Affairs Committee and as the asking for a peaceful resolution of the political crisis, which killed 88 people co-chair of the Friends of Thailand Caucus, I conflict and dispute going on currently and injured more than 1,800, reduced rise in favor of H. Res. 1321, which expresses in Thailand. landmarked buildings in the Thai cap- support for resolving the political situation in Mr. Speaker and Members, for us ital to ashes. The fact that Thailand’s Thailand through non-violent, democratic here in this Nation, while we may have King, the longest-serving monarch in means. The relationship between the United very strong and bitter disagreements the world, has been hospitalized for the States and Thailand goes back over 175 years between Republicans and Democrats, past several months only added to the to when the U.S. signed its first agreement conservatives and liberals, we ulti- sense of urgency over the fragile polit- with an Asian nation as part of the Treaty of mately resolve our differences peace- ical situation. Amity and Commerce with Siam. Thailand is fully at the ballot box—not with a car- So this resolution provides an oppor- one of America’s closest friends and depend- tridge box. But now what is happening tunity to extend best wishes for a able ally. In fact, the King of Thailand gener- in Bangkok, Thailand, is saddening, speedy recovery to His Majesty who ously offered President Abraham Lincoln a disappointing; and it is something that celebrated the 60th anniversary of his supply of elephants to help Union forces win we all, as Americans, must be troubled coronation this past May 5. the Civil War. Thailand has also contributed by. Thailand is an important ally for Thailand is the first Southeast Asian troops and supplies for U.S. military engage- the United States in Southeast Asia nation to have a formal diplomatic ments in Korea, Vietnam, the Persian Gulf, Af- and has been the lynch pin of our stra- agreement with us in the United ghanistan, and Iraq for which we are forever tegic interests in Southeast Asia for States. A treaty of amity and com- grateful. After several decades of mostly mili- decades. merce was signed with the administra- tary dictatorships, by the early 1990s, Thailand What I have seen on the streets of tion of President Andrew Jackson in established democratic rule, furthering bol- Bangkok and what my family has wit- 1833. The offer of a herd of domes- stering its status as a partner of the United nessed firsthand over the last few ticated elephants by the present Thai States. As a result, in 2003, the U.S. des- months is incredibly disappointing. King’s great grandfather, while po- ignated Thailand as a major non-NATO ally. Last month, Mr. Speaker, my family, litely declined by President Lincoln as Thailand has also grown to be a significant when I talked to my cousins, it was unsuitable for the American climate, trading partner of the United States. In fact, with both joy and sadness to see what has long been cited as an example of exports from Illinois to Thailand were one of had transpired in our immediate fam- the warm and enduring bonds between the few bright spots during this recession—in- ily. It is with incredible honor and dis- the American and Thai people. creasing 8.1 percent between 2008 and 2009. tinction that I was able to take the When the congressional leaders gath- Thailand is one of the top 25 export markets oath of office as a Member of the ered in Statuary Hall last week to for Illinois products. I was pleased and hon- United States Congress. But my first commemorate the 60th anniversary of ored when the Ambassador from Thailand cousins, who were born and raised in the outbreak of the Korean War, the came to visit northern Illinois last April to learn Thailand, unfortunately witnessed flag of Thailand proudly flew with more about what America has to offer. firsthand what was happening on the those of other allied nations behind the However, ever since 2006, the political situ- streets of Bangkok and saw firsthand Speaker’s podium. Thailand sent a ation inside Thailand has been a state of tur- the violence that was going on in the regiment of 1,294 men to that conflict, moil. We have all been pained to see the city center. of which 129, 10 percent, perished on media images of violence and burned-out I think it is a reminder to all of us as the Korean peninsula. Further coopera- buildings. Obviously, only the Thai people can Americans the uniqueness, the impor- tion with the United States during the resolve their own internal conflicts. I hope that tance, the vitality and the incredible, Vietnam and Iraq wars in east Timor this resolution can play a constructive role in incredible good fortune we have to call and during a series of refugee crises in helping to encourage all sides to resolve their ourselves Americans. Southeast Asia has further cemented differences peacefully. I trust that the 5-point But it is also what is happening in bilateral ties. national reconciliation plan proposed by the Bangkok that should remind us that Cobra-Gold, the largest multi-na- Prime Minister of Thailand and highlighted by we as a Nation should lead by example tional military exercise in the world, this resolution is fully implemented. and remind all of the peoples of the has brought the United States and the This resolution is important to reaffirm our world of what we can have and what we Royal Thai Armed Forces annually to- support for democracy, non-violence, and the have here in this Nation, and it doesn’t gether for the past 29 years to enhance people of Thailand. I urge the government of have to always end in violence. regional peace and stability. The grow- Thailand to follow through on its commitments

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00073 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12472 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 as outlined in their 5-point plan. I also urge all Department reports that although Japan is CONGRATULATING 17 AFRICAN NA- parties in Thailand to join in this effort and set- Thailand’s biggest trading partner, the United TIONS ON 50TH ANNIVERSARY OF tle their differences peacefully. Therefore, I en- States is currently Thailand’s largest export INDEPENDENCE courage my colleagues to vote in favor of H. market. Ms. WATSON. Mr. Speaker, I move to Res. 1321. With more than 200,000 people tracing their suspend the rules and agree to the reso- Ms. JACKSON LEE of Texas. Mr. Speaker, ancestry to Thailand, our two nations share lution (H. Res. 1405) congratulating the I rise in strong support of H. Res. 1321, ex- extensive social and cultural links. people of the 17 African nations that in pressing the sense of the House of Rep- We recognize that enormous challenges re- 2010 are marking the 50th year of their resentatives that the political situation in Thai- main ahead. Thailand has a past of turbulence national independence, as amended. land be solved peacefully and through demo- and turmoil—the country has experienced 18 The Clerk read the title of the resolu- cratic means. I thank my colleague, Mr. coups in the past 77 years. I am hopeful that tion. FALEOMAVAEGA, for introducing this important their continued progress can lead to an ever The text of the resolution is as fol- resolution. more fruitful economic and political relation- lows: Beginning in mid-March 2010, anti-govern- ship between the United States and Thailand, H. RES. 1405 ment protestors occupied parts of Bangkok for contributing to the well being and prosperity of Whereas in the year 2010, 17 African na- nine weeks. Initially peaceful, the demonstra- both our nations. tions will celebrate the 50th anniversary of tions and the response from the security their independence from France, Italy, or The United States is hopeful that Thailand’s forces became increasingly aggressive, even- Great Britain, including Cameroon (January political problems will be solved peacefully and tually spiraling into urban warfare. Most of the 1, 1960), Togolese Republic (April 27, 1960), through democratic needs. The United States protestors, known as the ‘‘red shirts,’’ are loyal Republic of Mali (June 20, 1960), Republic of supports the national reconciliation plan pro- Senegal (June 20, 1960), Republic of Mada- to former Prime Minister Thaksin Shinawatra posed by the Prime Minister which encom- gascar (June 26, 1960), Democratic Republic who was ousted in a military coup in 2006. On passes upholding the monarchy, instituting po- of the Congo (June 30, 1960), Somalia (July 1, May 3, 2010, the Thai Prime Minister, Abhisit litical reform, and eradicating injustice. 1960), Republic of Benin (August 1, 1960), Re- Vejjajiva, offered talks and proposed a ‘‘rec- public of Niger (August 3, 1960), Burkina onciliation plan’’ including an election on No- Mr. MCMAHON. Mr. Speaker, I rise today in Faso (August 5, 1960), Republic of Cote vember 14, 2010 in an effort to end the polit- support of H. Res. 1321, a resolution express- d’Ivoire (August 7, 1960), Republic of Chad ical crisis that immobilized Bangkok and killed ing the sense of the House of Representatives (August 11, 1960), Central African Republic (August 13, 1960), Republic of the Congo (Au- 88 people and wounded hundreds. Although to resolve the political crisis in Thailand peacefully and through democratic means. gust 15, 1960), Gabonese Republic (August 17, the violence has subsided, the political divi- 1960), Federal Republic of Nigeria (October 1, sions remain stark and the threat of more con- Thailand has proven to be an essential ally 1960), and the Islamic Republic of Mauritania frontation lingers. Continuous progress has of the United States. As a strong democracy (November 28, 1960); been made on the Thai Government’s rec- in Southeast Asia, Thailand provides assist- Whereas contemporary United States ties onciliation plan. A public forum was convened ance to the United States on a number of with Sub-Saharan Africa today far transcend on June 17, 2010 as a brainstorming session fronts including in the war in Afghanistan and the humanitarian interests that have fre- quently underpinned United States engage- on how to move the process forward. Accord- in curtailing North Korea’s nuclear proliferation efforts by intercepting unauthorized shipments. ment with the continent; ing to the Prime Minister, the views gathered Whereas there is a growing understanding during this public forum reflect visions for both For these reasons and others (including a among foreign policy experts that economic the Thai people and society and were in line robust trading partnership between the U.S. development, natural resource management, with those of the government. Two committees and Thailand), Thailand must continue to be a human security, and global stability are in- will be set up by the end of June. The first reliable ally in the Southeast Asia region. The extricably linked; committee will focus on strategies and prior- United States must make available all nec- Whereas cooperation between the United essary diplomatic tools to re-engage all parties States Armed Forces and Africa is growing, ities for reform to be proposed to the govern- with United States and African forces rou- ment and the second will work on nation re- and come to a peaceful, yet decisive end to tinely conducting joint exercises; form assembly which will serve as a channel the domestic turmoil. Whereas African governments are steadily for all sectors of society to put forward their Mr. Speaker, I urge my colleagues in the taking a larger role in the provision of secu- views and proposals with help from academic House of Representatives to join me today in rity and peacekeeping on the continent, due works. support of solving the conflicts in Thailand in part to United States security assistance Thailand has been a long-time military ally peacefully and efficiently. and training; and a significant trade and economic partner. Whereas Africa’s growing importance is re- Ms. ROS-LEHTINEN. Mr. Speaker, I flected in the intensifying efforts of China, Our close relationship and longstanding friend- yield back the balance of my time. Russia, India, Iran, and other countries to ship with Thailand dates back to 1883 when Ms. WATSON. Mr. Speaker, I yield gain access to African resources and advance the two countries signed the Treaty of Amity back the balance of my time. their ties to the continent; and and Commerce. Despite differences on Burma The SPEAKER pro tempore. The Whereas a more comprehensive, multi-fac- policy and human rights issues, shared eco- eted regional policy is essential for the question is on the motion offered by United States to operate effectively in this nomic and security interests have long pro- the gentlewoman from California (Ms. vided the basis for U.S.-Thai cooperation. increasingly competitive environment: Now, WATSON) that the House suspend the therefore, be it Thailand contributed troops and support for rules and agree to the resolution, H. Resolved, That the House of Representa- U.S. military operations in both Afghanistan Res. 1321, as amended. tives— and Iraq and was designated as a major non- The question was taken. (1) congratulates the people of the 17 Afri- NATO ally in December 2003. Thailand’s air- can nations that in 2010 are marking the 50th The SPEAKER pro tempore. In the fields and ports play a particularly important year of their national independence; opinion of the Chair, two-thirds being role in U.S. global military strategy, including (2) honors the lives of the ten of thousands in the affirmative, the ayes have it. of patriots, including innocent civilians, who having served as the primary hub of the relief died, were imprisoned, or otherwise dedi- effort following the 2004 Indian Ocean tsu- Ms. WATSON. Mr. Speaker, I object to the vote on the ground that a cated their lives, often at great personal sac- nami. rifice, to achieving African political inde- As a major recipient of foreign direct invest- quorum is not present and make the pendence; ment, and with exports of goods accounting point of order that a quorum is not (3) commends the socioeconomic and polit- for over 70 percent of its GDP in 2007, Thai- present. ical progress being made by these nations, land’s economy depends heavily on its trading The SPEAKER pro tempore. Pursu- while acknowledging the associated chal- partners. Economic relations with the United ant to clause 8 of rule XX and the lenges that many still face; (4) recognizes Africa’s significant stra- States are central to Thailand’s outward-look- Chair’s prior announcement, further proceedings on this motion will be tegic, political, economic, and humanitarian ing economic strategy. According to the U.S. importance to the United States; and Commerce Department, U.S. trade with Thai- postponed. (5) renews the commitment of the United land in 2008 consisted of $9.1 billion in ex- The point of no quorum is considered States to help the people of sub-Saharan Af- ports and $23.5 billion in imports. The State withdrawn. rica to foster democratic rule, advance civic

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12473 freedom and participation, and promote mar- lution, and I reserve the balance of my 1960 was an important year for those ket-based economic growth, and to alleviate time. former French, British, and Italian the burden of poverty and disease that so Ms. ROS-LEHTINEN. I yield myself colonies and protectorates. The trium- many in the region continue to face. such time as I may consume. phant march of a series of hard-fought The SPEAKER pro tempore. Pursu- Mr. Speaker, I rise in support of victories that led to independence ant to the rule, the gentlewoman from House Resolution 1405, congratulating started on January 1 with the nation of California (Ms. WATSON) and the gen- the people of 17 African nations on 50 Cameroon, and it ended on November tlewoman from Florida (Ms. ROS- years of independence and recognizing 28, 1960, with the nation of Mauri- LEHTINEN) each will control 20 minutes. the importance of Africa to the United tania’s securing its independence from The Chair recognizes the gentle- States. France. woman from California. Fifty years ago, 17 African nations The resolution I am bringing to the GENERAL LEAVE threw off the yoke of colonialism and floor today will honor the sacrifices of Ms. WATSON. Mr. Speaker, I ask established themselves as independent the founding fathers of these African unanimous consent for all Members to nations. Unfortunately, the past half nations. Little did they know then that have 5 legislative days to revise and ex- century has been anything but peaceful a proud and supportive USA would tend their remarks and include extra- or joyful for all too many of these today enter into our Nation’s perma- neous material on the resolution under states. nent history this well-deserved tribute Only two of the 17 nations we cele- consideration. to the thousands of unsung men and brate today—Mali and Benin—are con- The SPEAKER pro tempore. Is there women who gave their lives based on sidered to be free. One, Somalia, is vir- objection to the request of the gentle- the simple dream of freedom and on a tually a collapsed state, and in the woman from California? desire to assert their self-determina- Democratic Republic of the Congo, a There was no objection. tion over the lives that only God could brutal civil war that continues in the Ms. WATSON. Mr. Speaker, I rise in give them. east has claimed millions of lives and strong support of this resolution and We in the USA know something has spawned some of the worst human yield myself such time as I may con- about that freedom and that deter- rights atrocities known to man. Yet mination. sume. there have been some successes, Mr. Mr. Speaker, I want to thank Mr. Chief among these visionary African Speaker. leaders are Amadou Ahidjo in Cam- RUSH for introducing this resolution African economies are growing at eroon; Kwame Nkrumah in Ghana; that recognizes the 50th anniversary of rates reminiscent of the great Asian ti- Patrice Lumumba in the Democratic independence for 17 African countries. gers. Citizens are becoming increas- Republic of the Congo; Leopold In the scramble for Africa between ingly aware of their rights and are de- Senghor in Senegal; Thomas Sankara 1880 and the First World War, European manding a greater stake in their eco- in Burkina Faso; Felix Houphouet countries extended their political and nomic and political futures, demanding Boigny in Cote d’Ivoire; and Julius economic rule over the vast territory accountability and driving the ‘‘Big Nyerere in Tanzania. and resources of Africa. The colonizing Men of Africa’’ from office. Still, in Af- This resolution also commends the powers saw this as an opportunity to rica, independence has proven to be a socioeconomic and political progress continue commerce between Europe necessary but insufficient condition for being made by these nations while ac- and Africa following the end of the freedom. slave trade. At a battlefield in Gettysburg, the knowledging the associated challenges At the Berlin Conference of 1884, the great Abraham Lincoln honored the that many still face today. Many of European powers carved up Africa fallen by stating, ‘‘We here highly re- these nations have become democracies among themselves to suit their demand solve that these dead shall not have and are striving to break the links to for gold, diamonds, minerals, and died in vain—that this Nation, under past oppressions. Men and women of spices. The age of European impe- God, shall have a new birth of free- good faith work tirelessly to overcome rialism ravaged the human and natural dom—and that the government of the the remnants of colonialism, resources of the African continent. people, by the people, for the people, neocolonialism, structural adjust- In 1941, President Roosevelt intro- shall not perish from the Earth.’’ ments, internal and regional wars, and duced the principle of the Economy of So, Mr. Speaker, on this 50th anni- their own bureaucratic hurdles. They Imperial Colonies to Prime Minister versary of independence for no less also face serious challenges beyond Winston Churchill and started the de- than 17 African nations, we stand in their control, which have been exacer- bate over British and eventually all solidarity with the people who won bated by growing threats from the European imperialism. In 1957, sub-Sa- their independence but who continue in global financial crisis, climate change, haran Africa’s post-colonial era began their struggle for freedom. and terrorism. with the independence of Ghana. Over I urge my colleagues to support this Despite numerous challenges, many the following several decades, all other timely and important resolution. of the African nations we salute today African countries won their independ- Mr. Speaker, I have no further re- are becoming economically, politically, ence and joined the international com- quests for time, and I yield back the and strategically important to the munity of sovereign nations. balance of my time. United States. Our Nation simply can- Now, this resolution congratulates Ms. WATSON. Mr. Speaker, I yield as not afford to take Africa for granted the people of the 17 African nations much time as he may consume to the nor can it afford to mistakenly see Af- who celebrate their 50th year of na- gentleman from Illinois, BOBBY L. rica as a desperate continent forever in tional independence in 2010. The Amer- RUSH. need of charity from our Nation. Afri- ican people have benefited greatly from Mr. RUSH. I would like to begin by ca’s growing economic importance is our relations with African nations dur- thanking Foreign Affairs Committee reflected in intensified efforts by ing the past 50 years. Chairman HOWARD BERMAN, Africa and China, Russia, India, Iran, and other African countries remain among our Global Health Subcommittee Chairman nations which seek to gain access to strongest allies in the world. We enjoy DONALD PAYNE, and my good friend Africa’s vast natural resources. strong economic and political ties with Congresswoman DIANE WATSON. I also Some say we may need Africa more many African countries, and we are the would like to thank Congresswoman than Africa needs us, and it is clear beneficiaries of strong cultural and so- YVETTE CLARKE and Congressman ED that many African leaders are begin- cial ties to Africa’s people. ROYCE for their constant leadership on ning to think the same way. Both sides African issues. are mistaken. We need each other now b 1945 This year, Mr. Speaker, 17 African more than ever. It is time to solidify Mr. Speaker, I urge all of my col- nations are celebrating the 50th anni- our economic and strategic partner- leagues to support this important reso- versary of their independence. ship.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12474 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 I and others who support this resolu- their political independence are: Cameroon, The Gabonese Republic (August 17, 1960); tion commend President Obama for his Togo, Mali, Senegal, Madagascar, Democratic The Federal Republic of Nigeria (October 1, leadership in making our mutually Republic of Congo, Somalia, Benin, Niger, 1960); and beneficial partnership a reality by Burkina Faso, Cote d’Ivoire, Chad, Central Af- The Islamic Republic of Mauritania (Novem- signing a binational commission agree- rica Republic, Congo, Gabon, Nigeria and ber 28, 1960) ment with South Africa, with Angola, Mauritania. When the nations in Africa gained independ- and with Nigeria. We hope that the This resolution is important because demo- ence during the 1960s and 1970s, there was United States will soon adopt a similar cratic principles have flourished in many Afri- an expectation that the end of colonialism strategic agreement with the entire can countries over the past decade. Indeed, would usher in a new era of representative Gulf of Guinea region. more than two-thirds of sub-Saharan African government in which the people of these new The White House has announced that countries have held democratic elections since nations could freely choose a government that President Obama will be hosting these 2000. Moreover, several nations, from Sen- represented their interests. Fifty years after 17 African heads of state and a group of egal to Tanzania, and from Ghana to Zambia independence, however, the progress of these younger, emerging leaders within these have seen successful power changes over the nations has been mixed at best. In many na- nations at a celebration that will mark past decade. The Unites States Department of tions, progress has failed to match expecta- the 50th anniversary later this sum- State has expressed its commitment to sup- tions as the people of these new nations mer. I would like to take this oppor- porting African efforts to fortify government ac- struggled to shed the yoke of their colonial tunity to commend our President for countability and overall good governance, legacies. These legacies include inorganic calling this summit. It was long over- which is crucial to the continent’s future borders and inherited systems of patronage. Although many African nations were dealt a due. I hope the invitation will be ex- growth and global influence. tended to other African nations as The resolution commends the socio-eco- difficult hand, the continent’s new leaders, by in large, sought to consolidate and retain well. nomic and political progress being made by As Professor Paul Collier wrote in a African countries, while acknowledging the as- power rather than embrace political systems recent article, entitled ‘‘The Case for sociated challenges that many still face. Ac- defined and strengthened by their diversity. Investing in Africa,’’ ‘‘The continent is cording to a June 2010 McKinsey Global Insti- Since independence, transfer of political power has consistently been a thorn in the side of now growing much more rapidly than tute report entitled ‘Lions on the Move: The side of most African nations. the OECD nations. It may well be on Progress and Potential of African Economies,’ Although many of the challenges of broad- over the past decade ‘‘Africa’s economic pulse the cusp of a reversal of fortune.’’ ening and democratizing political participation It is time to revisit our relationship has quickened, infusing the continent with new in Africa rests in the hands of a few ‘big men,’ with the continent of Africa and to de- commercial vibrancy.’’ Africa’s combined con- there are also significant challenges at local fine a more comprehensive approach. sumer spending in 2008 was $860 billion, and levels. Today, millions of people in Africa are I would encourage the administration America is committed to partnering with Afri- stateless. Some because their births were to also establish a commission that can nations to foster economic development, never recorded, others because they belong to will create a platform where human entrepreneurship and trade in the continent. the ‘wrong’ ethnic group. Civil conflicts in Cote rights groups, the civil society, U.S., Kofi Annan, Chair of the Africa Progress d’Ivoire, the Democratic Republic of Congo and African governments, financial in- Panel (APP) recently noted that ‘Africa’s future and numerous other countries have been stitutions, the private sector, and the is in its own hands, but that success in man- fuelled if not created by pernicious citizenship diaspora can formulate and implement aging its own affairs depends on supportive policies that sever the link between certain a mutually beneficial and coordinated global policies and agreements.’ H. Res. 1405 parts of the population and the state. As rebel policy framework that advances de- comes at a time when the world is taking no- leader in the Ivory Coast reportedly exclaimed, mocracy, economic growth, and pros- tice of Africa’s great progress in recent years ‘‘Give us our identity cards and we hand over perity in Africa. and it reaffirms the United States’ commitment our Kalashnikovs.’’ This, to me, captures both It is worth noting that the U.S. has to growth and prosperity in Africa. the tension and the stakes in play. The people already taken several steps that under- I commend the House for passing this im- of Sudan, the DRC, Guinea, and others have line Africa’s increasing importance. portant resolution. long since passed the point where they can Ms. JACKSON LEE of Texas. Mr. Speaker, Our economy and its recovery are far afford to be at war. It is imperative that we I rise in support of H. Res. 1405: ‘‘Congratu- more dependent on Africa than we have work to end conflicts and facilitate govern- lating the people of the 17 African nations that acknowledged to date, and so, too, is ments that reflect the will of the people. our national security. in 2010 are marking the 50th year of their na- While we must remain vigilant in our scru- For these reasons, I urge you to vote tional independence.’’ As a cosponsor of this tiny of those leaders who stifle democracy, we for H.R. 1405, which celebrates the 50th resolution, I am proud to acknowledge the must also recognize leaders who promote de- anniversary of 17 African nations, rec- progress made by these 17 nations as well as mocracy even if it imperils their own political ognizing that Africa is of significant the other African nations that gained inde- position. Last summer, I visited Ghana and strategic, political, economic, and hu- pendence in the early 1960s. The 17 African saw a democracy that is heading in the right manitarian importance to the United nations that gained independence in 1960 are: direction. During the December 2008 Presi- States. It will renew the commitment The Republic of Cameroon (January 1, dential elections, John Atta Mills of the Na- of the United States and will help the 1960); tional Democratic Congress (NDC) won the people of the sub-Saharan Africa to fos- The Togolese Republic (April 27, 1960); election in an extremely narrow victory that re- The Republic of Mali (June 20, 1960); ter democratic rule, to advance civic quired a run-off with Nana Akufo-Addo of the freedom, to promote market-based eco- The Republic of Senegal (June 20, 1960); The Republic of Madagascar (June 26, former ruling New Patriotic Party (NPP). Do- nomic growth, and to alleviate the bur- mestic and international observers deemed den of poverty and disease that so 1960); The Democratic Republic of the Congo the election free and fair. Facilitating mature many in the region continue to face. (June 30, 1960); democracies requires us to find ways to en- This is only the first step, Mr. Speak- Somalia gained its independence on (July 1, courage leaders to relinquish power, and I er, to Africa’s much needed transition 1960); think we can improve our use of these ‘car- into a global economy. However, this The Republic of Benin (August 1, 1960); rots.’ step is the right one as we undertake The Republic of Niger (August 3, 1960); Mr. Speaker, I urge my colleagues to join the long overdue transformation and Burkina Faso (August 5, 1960); me in support of this resolution and renew the our own approach toward Africa and The Republic of Cote d’Ivoire (August 7, commitment of the United States to help the our own belief in the African people 1960); people of sub-Saharan Africa to foster demo- and in the African continent. The Republic of Chad (August 11, 1960); cratic rule, advance civic freedom and partici- Ms. CLARKE. Mr. Speaker, I rise in strong The Central African Republic (August 13, pation, and promote market-based economic support of H. Res. 1405, a resolution cele- 1960); growth, and to alleviate the burden of poverty brating 50 Years of African Independence. The Republic of the Congo (August 15, and disease that so many in the region con- The seventeen African countries celebrating 1960); tinue to face. We must also remember to keep

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00076 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12475 ‘‘fifty years of independence’’ in context. Fifty taking notice of Africa’s great progress in re- nizing the 50th anniversary of the independ- years may seem like a long time, but consider cent years and it reaffirms the United States’ ence and self-determination of seventeen Afri- America’s own history when, fifty years after commitment to growth and prosperity in Africa. can nations from the rule of France, Italy and independence, the country had not yet had ex- This resolution is a celebration of the hope Great Britain. perienced its civil war. that resonates in the hearts and minds of the The United States of America is dedicated Mr. ELLISON. Mr. Speaker, I would like to many Africans, African Americans, policy- to the advancement of freedom and democ- extend my best wishes to the people of Soma- makers, and NGOs that are committed to Afri- racy, and the African nations have proven to lia living throughout the world on the 50th an- ca’s progress and prosperity. I urge my col- be open to the process of democratization, de- niversary of Somali Independence. leagues to vote in favor of this important reso- spite the many obstacles that have stood in It is my pleasure and honor to represent a lution. their way. These nations have fought, strug- large and vibrant Somali-American community Mr. DAVIS of Illinois. Mr. Speaker, today I gled, and died for independence, just as our in Minnesota. I want to offer my congratula- celebrate the fiftieth anniversary of the Year of ancestors did, and for these reasons the tions on this special day as they continue to Africa—that pivotal year of 1960 when seven- United States shares a bond with the African work to advance the cause of peace. teen African nations gained independence continent and its diverse inhabitants. I am grateful for the contributions of Somali- from European colonial rule. On this day, in The United States is dedicated to strength- Americans to Minnesota’s rich tradition of di- this year, and in the many years to come, we ening its relationship with the African continent versity. The Somali-American community con- mark this milestone given that, as Americans, and the seventeen nations recognized through tinues to enrich our state through its lively cul- we know first-hand how precious freedom truly this resolution can serve as partners in this ture, optimism, and wisdom. is, and the heavy price it often takes to attain endeavor. I also would like to take the time to Sadly, Somalis in their homeland have en- it. honor all those Americans on the ground that dured a tremendous amount of strife and suf- At the center of our connection to Africa is are working to advance democracy, civic free- fering. On this anniversary we must continue a simple concept: to be free. What does it dom and formulating the conditions to foster to focus on diplomatic efforts to create a last- mean to be free? For centuries, philosophers, stable economic growth. ing peace for the people of Somalia. I con- revolutionaries, and politicians alike have de- Mr. Speaker, I urge my colleagues to join tinue to have faith that renewed diplomatic ef- bated this very question. While I do not claim me today in celebrating the 50th anniversary forts will lead to good governance, respect for to be an expert, I humbly believe that being of these seventeen nation’s independence human rights, and democracy for the people free means having the freedom to reach one’s while pledging a renewed commitment to fur- of Somalia. full potential. Whether that means having the thering the significant relationship we have Ms. CLARKE. Mr. Speaker, I rise in strong resources to pursue a passion in academia or maintained with our counterparts on the Afri- support of H. Res 1405, a resolution cele- the support and finances to raise a healthy can continent. brating 50 Years of African independence. I family, this freedom can mean many things to I invite the members of the House to join thank Mr. RUSH for sponsoring this important many people, and for a lot of us, we were gift- me in supporting H. Res. 1405. resolution and for his work as a champion for ed with this freedom from birth. Ms. WATSON. Mr. Speaker, I have no Africa here in Congress. Mr. RUSH’s leader- For many, however, freedom is not a gift, further requests for time, and I yield ship, along with that of Representatives DON- but a goal. In the United States alone, more back the balance of my time. ALD PAYNE and ED ROYCE, in shaping policies than thirty-seven million citizens live in poverty The SPEAKER pro tempore. The that help foster economic vitality and good and look so far ahead as to the next meal, question is on the motion offered by governance on the continent is truly com- much less dreams for the distant future. For the gentlewoman from California (Ms. mendable. Africa, the numbers and the situations are WATSON) that the House suspend the I was a lead cosponsor of this resolution be- even more daunting. In the Republic of Mada- rules and agree to the resolution, H. cause it recognizes the importance of good gascar, one of the first African nations to gain Res. 1405, as amended. governance and democratic principles, which independence in 1960, more than two-thirds of The question was taken. have flourished in many African countries over the population lives below the international The SPEAKER pro tempore. In the the past decade. Indeed, more than two-thirds poverty threshold of $1.25 a day. Throughout opinion of the Chair, two-thirds being of sub-Saharan African countries have held Africa, instability and poverty persist. Between in the affirmative, the ayes have it. democratic elections since 2000. Moreover, the unprecedented rates for various deadly Ms. WATSON. Mr. Speaker, I object several nations, from Senegal to Tanzania, diseases, the bloody ethnic clashes, lan- to the vote on the ground that a and from Ghana to Zambia have seen suc- guishing economies, and notoriously corrupt quorum is not present and make the cessful power changes over the past decade. government bodies, it is hard to celebrate this point of order that a quorum is not The United States Department of State has ‘‘freedom’’ that they have attained without real- present. expressed its commitment to supporting Afri- izing the long-lasting consequences of Colo- The SPEAKER pro tempore. Pursu- can efforts to fortify government accountability nial rule and injustice. For these people, in the ant to clause 8 of rule XX and the and overall good governance, which is crucial same countries that celebrated freedom from Chair’s prior announcement, further to the continent’s future growth and global in- European powers just decades and years ago, proceedings on this motion will be fluence. true freedom is still, but a goal. postponed. The resolution commends the socio-eco- As policymakers, we work toward fulfilling The point of no quorum is considered nomic and political progress being made by the promises of our founding fathers and the withdrawn. African countries, while acknowledging the as- generations of leaders that have come after f sociated challenges that many still face. Ac- them. Their message is simple: to achieve CONGRATULATING SOUTH AFRICA cording to a June 2010 McKinsey Global Insti- freedom. We must remember today, tomorrow, ON FIRST TWO CONVICTIONS tute report entitled ‘‘Lions on the Move: The and for every day of the foreseeable future FOR HUMAN TRAFFICKING Progress and Potential of African Economies,’’ that while we have come far from our colonial over the past decade ‘‘Africa’s economic pulse days, there are still many people who have Ms. WATSON. Mr. Speaker, I move to has quickened, infusing the continent with new not yet achieved that freedom. We must re- suspend the rules and agree to the reso- commercial vibrancy.’’ Africa’s combined con- member, too, that our Nation was once in the lution (H. Res. 1412) congratulating the sumer spending in 2008 was $860 billion, and same situation as the many African nations Government of South Africa upon its America is committed to partnering with Afri- are in today, and that we must support their first two successful convictions for can nations to foster economic development, progress and efforts toward helping their citi- human trafficking, as amended. entrepreneurship and trade in the continent. zens fulfill their potential. While we celebrate The Clerk read the title of the resolu- Kofi Annan, Chair of the Africa Progress this year as a cornerstone of their struggle to- tion. Panel (APP) recently noted that ‘‘Africa’s fu- ward attaining freedom, we must also remem- The text of the resolution is as fol- ture is in its own hands, but that success in ber that more change is needed to attain our lows: managing its own affairs depends on sup- shared promise. H. RES. 1412 portive global policies and agreements.’’ H. Mr. MCMAHON. Mr. Speaker, I rise today to Whereas from June 11, 2010, through July Res. 1405 comes at a time when the world is support H. Res. 1405, a Resolution recog- 11, 2010, the 2010 Fe´de´ration Internationale

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12476 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 de Football Association (FIFA) World Cup Whereas in April 2010, the Durban Mag- Ms. WATSON. I yield myself such will be hosted by South Africa and include istrates Court convicted two individuals ac- time as I may consume. games played in stadiums across the coun- cused of running a brothel and using Thai Mr. Speaker, I rise in strong support try, including Cape Town, Port Elizabeth, women as prostitutes of over a dozen of- of this resolution. I would like to Durban, Bloemfontein, Rustenburg, Pretoria, fenses, including money laundering, racket- Johannesburg, Nelspruit, and Polokwane; eering, and contravention of the Sexual Of- thank the gentleman from New Jersey Whereas the 2010 FIFA World Cup is likely fenses and Immigration Acts, thereby mark- (Mr. SMITH) for introducing this resolu- to attract an estimated 2,700,000 local spec- ing the first successful convictions for tion, congratulating South Africa for tators and 350,000 to 500,000 visitors to the human trafficking in South Africa: Now, its first two successful convictions of country; therefore, be it human trafficking. These convictions Whereas the influx of tourism is likely to Resolved, That the House of Representa- demonstrate South Africa’s commit- lead to an increase in demand for sexual tives— ment to protecting the vulnerable services and create demand for the commer- (1) congratulates the Government of South cial sexual exploitation of women and chil- Africa upon its first two successful convic- within its borders. dren; tions for human trafficking; b 2000 Whereas the preparations for the 2010 FIFA (2) recognizes the implementation of sev- World Cup have resulted in an influx of for- eral elements of South Africa’s anti-traf- While important progress has been eign workers; ficking strategy and remains hopeful that made, the resolution also urges the Whereas the hospitality industries may be full implementation of such anti-trafficking government of South Africa to take particularly susceptible to labor trafficking measures will proceed without delay; further steps to prevent human traf- during the 2010 FIFA World Cup; (3) acknowledges the passage in South Af- ficking by enacting a more comprehen- Whereas the Government of South Africa rica of the Child Justice Act of 2008 (Act No. sive anti-human trafficking law, pur- has invested in media campaigns and other 75, 2008) and underscores the importance of initiatives to prevent and combat traf- suing its Child Protection Strategy, rehabilitative care of minors under the age prioritizing enforcement during the ficking, such as the Tsireledzani Initiative of 18; and the Red Card 2010 Campaign: Disquali- (4) recognizes the Government of South Af- World Cup, educating all relevant gov- fying Human Trafficking in Africa, and has rica’s notable efforts to combat trafficking ernment officials about the problem, created and trained a human trafficking law leading up to, during, and following the 2010 and providing rehabilitative care for enforcement unit which is one important ele- Fe´de´ration Internationale de Football Asso- those who are freed from forced labor ment of the South African Department of ciation (FIFA) World Cup; in the sex industry. Social Development’s 2010–2015 Strategic (5) recognizes the shelters and rehabilita- In May of 2004, South Africa was Plan; tive care provided to human trafficking vic- Whereas the Government of South Africa awarded the coveted World Cup Tour- tims during the World Cup through such cen- nament, which is going on there today. has planned to provide shelter and rehabili- ters as the Thuthuzela Centres and encour- tative care to victims of human trafficking ages further shelter and care programs for Recognizing the nexus between major throughout the country during the World victims beyond the event’s conclusion; sporting events and crime, particularly Cup and beyond at Thuthuzela Centres, (6) calls on the Government of South Afri- prostitution, the South African govern- which exist through the country’s domestic ca to move quickly to adopt the Prevention ment placed a high priority on public violence and anti-rape intervention strategy; and Combating of Trafficking in Persons Bill awareness and the anti-trafficking law. Whereas the Government of South Africa in order to facilitate future prosecutions; As the preparation for the soccer tour- has ordered schools to be closed during the (7) calls on the Government of South Afri- 2010 FIFA World Cup, raising concerns that nament got underway, the country’s ca to increase awareness among all levels of sex industry was simultaneously gear- children could be left unattended during a relevant government officials as to their re- period of high trafficking potential; sponsibilities under the trafficking provi- ing up for the large influx of visitors Whereas, on June 14, 2010, the United sions of the Sexual Offenses and Children’s and the trafficking of women, girls, States Department of State released its an- Acts; men, and boys into city brothels to nual Trafficking in Persons Report, assert- (8) calls on the Government of South Afri- meet the expected demand. ing that ‘‘South Africa is a source, transit, ca to prioritize anti-trafficking law enforce- and destination country for men, women, Mr. Speaker, after ridding itself of ment during the 2010 FIFA World Cup and children subjected to trafficking in per- the hateful apartheid system, South through expanded law enforcement presence, sons, specifically forced labor and forced Africa has been on a relentless drive to raids, and other measures in areas where commercial sexual exploitation. Children are modernize its laws and make sure they trafficking for labor and sexual exploitation largely trafficked within the country from are likely to occur; protect their citizens and punish of- poor rural areas to urban centers like Johan- (9) calls on the Government of South Afri- fenders. In spite of the many achieve- nesburg, Cape Town, Durban, and ments since throwing off the burden of Bloemfontein. Girls are subjected to sex traf- ca to adopt measures to protect vulnerable ficking and involuntary domestic servitude; children, including those children unat- apartheid, the country, like others, is boys are forced to work in street vending, tended because of school closures and ref- plagued by many ills that confront the food service, begging, criminal activities, ugee children, as well as other potential vic- rest of the world, including human and agriculture.’’; tims, from sexual and labor exploitation; and trafficking. Because of daunting eco- Whereas this release marks the 10th anni- (10) urges the Government of South Africa nomic problems throughout Africa and versary of the Trafficking in Persons Report to detain and prosecute tourists partici- pating in commercial sexual exploitation of its own endemic rural and urban pov- and no country has yet to build a fully com- erty, South African cities are an at- prehensive response to combating trafficking women and children during the 2010 FIFA and protecting survivors; World Cup. tractive place for bad characters, in- Whereas women and girls have reportedly The SPEAKER pro tempore. Pursu- cluding human traffickers and drug been trafficked into South Africa from as far ant to the rule, the gentlewoman from dealers. away as Russia, Thailand, Pakistan, Phil- California (Ms. WATSON) and the gen- South Africa must confront both ippines, India, China, Bulgaria, Romania, tlewoman from Florida (Ms. ROS- sides of the problem, as it is both a Ukraine, the Democratic Republic of Congo, LEHTINEN) each will control 20 minutes. source and a destination for trafficking Angola, Burundi, Ethiopia, Senegal, Tan- The Chair recognizes the gentle- persons. People from impoverished zania, Uganda, Rwanda, Kenya, Cameroon, areas throughout Africa are brought Nigeria, and Somalia; woman from California. Whereas civil society in South Africa, with GENERAL LEAVE into the country to provide sexual the support of the South African Govern- Ms. WATSON. Mr. Speaker, I ask services and all kinds of menial labor ment, has invested notable energy and re- unanimous consent that all Members for little or no pay. Young boys are sources into preventing human trafficking at may have 5 legislative days to revise made to beg on the streets or work on the 2010 FIFA World Cup through Cape Town and extend their remarks and to in- farms while young girls are forced into Tourism, International Union of Superiors clude extraneous material on the reso- domestic servitude or the illicit sex in- General and the Southern African Catholic dustry. At the same time, traffickers Bishops’ Conference of the Catholic Church, lution under consideration. the Salvation Army, the Tshwane Counter- The SPEAKER pro tempore. Is there often target South Africans them- Trafficking Coalition for 2010, and many objection to the request of the gentle- selves, sending them off to Europe or other nongovernmental and religious organi- woman from California? the United States as laborers or domes- zations; and There was no objection. tic servants.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12477 Mr. Speaker, the Government of many in the sex industry, is hoping to under the anti-trafficking provisions of South Africa has invested in law en- cash in on sexual tourism accom- the Sexual Offenses and Children’s Acts forcement, community education, and panying the World Cup. Sindiswa was and the Children’s Amendment Act of international cooperation to stem the just 17 years old, and according to 2007, and that these will be fully funded tide of trafficked persons. African Time magazine, didn’t make it to the and implemented by the Government of countries collectively are taking the games. Forced into prostitution at 16 South Africa. As we all know as law- crime of trafficking seriously. Last after leaving her impoverished village makers, if the law goes unenforced, it week, the African Union announced on a bogus promise of a job, she died of is, frankly, not worth the paper it is that it is establishing an AU Commis- AIDS complications in January of this printed on. That goes for any par- sion initiative against trafficking. This year. liament’s or congress’ law. They need new campaign, announced on the Day Mr. Speaker, according to the U.S. to implement this—and do so faith- of the African Child, will help ensure Department of State, where prostitu- fully. tion is legalized or tolerated there is a that member states are adopting and b 2010 properly implementing international greater demand for human trafficking protocols to eliminate trafficking. victims and nearly always an increase Mr. Speaker, law enforcement must To eradicate human trafficking—to in the number of women and children be particularly vigilant in protecting find and free those who are living in trafficked into commercial sexual slav- children during the World Cup through shackles, to prevent vulnerable and ery. an expanded law enforcement presence marginalized people from falling cap- In preparation for the World Cup, the and raids in areas where exploitation is tive to those who would commodify Government of South Africa, to its occurring. Trafficked women and chil- human life—is a challenge that must credit, commissioned a comprehensive dren rescued during the games must be be shared by all governments. That is study of human trafficking within its given special rehabilitative care in why I urge my colleagues to support borders and discovered that trafficking order to prevent the trauma that they this resolution and join me in recog- victims were brought in from all over have suffered from defining them and nizing the progress that South Africa the world—not just from neighboring condemning them to a life of further is making. countries where poverty and porous exploitation and abuse. Aggressive Mr. Speaker, I reserve the balance of borders make women and children par- prosecution of the traffickers is also a my time. ticularly vulnerable to exploitation. must, as organized crime will always Ms. ROS-LEHTINEN. Mr. Speaker, I Law enforcement in Cape Town, for ex- gravitate towards whatever activity is am so honored to yield such time as he ample, where some of the games are most lucrative and least risky. may consume to the gentleman from played, has been closely monitoring Moreover, as this resolution points New Jersey (Mr. SMITH), the ranking and tracking human trafficking. Over out, it is our sincere hope that South member on the Subcommittee on Afri- the last few months, Cape Town law Africa will follow up with prosecution ca and Global Health and the author of enforcement noted a sudden increase in of any soccer fans or other tourists this resolution. women arriving with falsified immigra- caught exploiting women and children. Mr. SMITH of New Jersey. I thank tion documents from Asia, and they The buyers of trafficking victims are my good friend, the ranking member, saw a sudden drop in the age of girls responsible for this human misery, for for yielding, and thank her for being working the streets. I applaud Cape without demand, these women and one of the cosponsors of the resolution, Town for its vigilance, as these were children would not be slaves. along with CAROLYN MALONEY and KAY signs that criminal syndicates with the I believe that the games are just the GRANGER and others in this body. This means and certainly the capacity were beginning for South Africa in its fight is a bipartisan resolution that we trafficking women and girls to the against human trafficking. We have present on the floor today. World Cup. seen tremendous investment of re- Mr. Speaker, while the World Cup is Mr. Speaker, as you may be aware, I sources, will, and anti-trafficking mo- a joyous and unifying event watched offered the Trafficking Victims Protec- mentum from nongovernmental orga- the world over, it comes at a very high tion Act of 2000, and its reauthoriza- nizations and faith-based organizations cost for many women and children tions in 2003 and 2005. Our most recent in the lead-up to the games. Cape Town trapped in sexual slavery in South Af- TIP report, which is mandated by these Tourism, International Union of Supe- rica. Going on right now, the World laws, ranks South Africa as a Tier 2 riors General and the Southern African Cup is drawing an estimated 2.7 million country—a country that does not fully Catholic Bishops’ Conference of the local spectators and up to 500,000 visi- comply with the minimum standards Catholic Church, the Salvation Army, tors to the country. It is an honor and for the elimination of trafficking but is Red Card 2010 Campaign, and the an economic boon for South Africa, but making significant efforts to do so. Tshwane Countertrafficking Coalition it is also a threat to vulnerable women And so on behalf of my colleagues for 2010 are just a few of those who and children—a threat that the govern- and I, we offer this resolution, H. Res. have stepped up to combat this modern ment of South Africa is and must con- 1412, to congratulate South Africa for day slavery. tinue to aggressively combat. the steps it has taken—its first two South African citizens have been Major sporting events, Mr. Speaker, major trafficking convictions and in- widely warned about the dangers of and conventions that attract large creased law enforcement activity, espe- human trafficking, and many have vol- numbers of people in the United States cially—in this all-important fight unteered in the fight. Human traf- or abroad have been proven to result in against human trafficking. We offer H. ficking is in the public eye now, and it an increase in the demand for commer- Res. 1412 today to underscore the ur- is time for the Government of South cial sexual exploitation. Pimps and gent need for further action and traf- Africa to purge it from its cities and traffickers jump to respond to the de- ficking funding prioritization by the anywhere else that it is found. I thank mand by trafficking women and girls Government of South Africa. Of course, my good friend for yielding and urge for prostitution to events such as the that admonishment should go to each Members to support the resolution. World Cup. and every one of us, including the Ms. ROS-LEHTINEN. Mr. Speaker, I We have seen examples of this in sto- United States. yield myself such time as I may con- ries coming out of South Africa in the While South Africa does not yet have sume. media over the last several months. in place a comprehensive anti-traf- I thank the gentleman from New Jer- One taxi driver covered in a story ficking legislation, it does have legisla- sey, and we are blessed to have such a proudly advertised his ‘‘Red Light tion that offers increased protection to human rights activist on our com- Tour’’ which includes strip bar hopping children. It is my sincere hope that all mittee and, indeed, in the entire House and guidance to prostituted women less levels of relevant government officials of Representatives. Thank you so likely to be HIV-positive. He, like so will be aware of their responsibilities much, Mr. SMITH.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12478 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Mr. Speaker, the bill before us, House With that, Mr. Speaker, I am very international community, along with Resolution 1412, recognizes the efforts pleased to yield such time as he may the help by NGOs that have come for- to date of the South African Govern- consume to the gentleman from Cali- ward, in order to try to put a spotlight ment to fight human trafficking while fornia (Mr. ROYCE), the ranking mem- on this issue, in order to try to get urging sustained and expanded efforts ber on the Foreign Affairs Sub- every government involved and moving for the future. According to the State committee on Terrorism, Nonprolifera- in the correct direction and pros- Department’s 2010 Trafficking in Per- tion and Trade. ecuting those who are involved in the sons Report: ‘‘South Africa is a source, Mr. ROYCE. Mr. Speaker, I rise in criminal syndicates for trying to ad- transit and destination country for support of this legislation. I would like vance this kind of inhumanity across men, women and children subjected to to thank the gentleman from New Jer- this planet. sey, Mr. CHRIS SMITH, for all that he trafficking in persons, specifically b 2020 forced labor and forced commercial has attempted to do to bring this reso- sexual exploitation.’’ Further, South lution before us and also for bringing I again commend all of the cospon- Africa ‘‘does not fully comply with the this issue into the international com- sors of this legislation, including my minimum standards for the elimi- munity. And Congresswoman DIANE colleague, ILEANA ROS-LEHTINEN. Ms. ROS-LEHTINEN. Mr. Speaker, I nation of trafficking; however, it is WATSON, we appreciate your leadership would like to thank Mr. ROYCE and making significant efforts to do so.’’ on this as well. thank Mr. SMITH, the author of this As the 2010 Trafficking Report recog- I think for any of us who try to con- resolution. nizes and this resolution reaffirms, template the impact of modern-day slavery—I was thinking, I was just Mr. Speaker, I yield back the balance South Africa has, in fact, made notable of my time. progress in confronting human traf- talking to Congressman SMITH about the movie ‘‘Amazing Grace’’ about Wil- Mr. JOHNSON of Georgia. Mr. Speaker, I ficking. The recent conviction by the rise today in order to express my support for Durban Municipal Court of two individ- liam Wilberforce and the attempt in Britain so long ago to try to eliminate House Resolution 1412, congratulating the uals on trafficking-related charges is Government of South Africa upon its first two particularly significant and merits rec- the slave trade. And when we think about the fact that in this century this successful convictions for human trafficking. I ognition. Still, we have a long way to would like to thank Representative SMITH for go, Mr. Speaker. Concerns over traf- type of slavery still exists, I think that when we consider the magnitude of it, his efforts on this resolution and his dedication ficking in South Africa have been to eradicating human trafficking throughout the heightened with the commencement of the misery of the people, especially the children that are subjected to this, we world. the FIFA 2010 World Cup games which This summer people all over the world are think about this range of sexual ser- are being held at newly erected sta- watching South Africa. The country is hosting vitude across this planet affecting diums throughout the country. The the 2010 Fe´de´ration Internationale de Football some 12 million adults but also mil- massive influx of workers to build Association (FIFA) World Cup. South Africa is these stadiums and other infrastruc- lions of children. And this is what is happening every estimated to attract nearly 2.7 million local ture, high rates of domestic unemploy- day. People are trafficked into this spectators and anywhere between 350,000 ment, the arrival of millions of spec- type of servitude. You think about the and 500,000 visitors from around the world. tators and gaps in law enforcement ca- fact that many of these children are 6, South Africa has made huge efforts within the pacity have provided an ideal operating 7 years old. And, sadly, as the State last several months to ensure that their coun- environment for traffickers. Department tells us in this report that try is safe, secure, clean, and comfortable for Criminal networks and street gangs tourists and visitors. A large part of that effort are already known to operate child was just released, the majority of transnational trafficking, the majority to prepare for this event has been a notable prostitution rings in the country’s of these victims are being trafficked reduction in, and increased prosecution of, major cities where child sex tourism is into commercial sexual exploitation. human trafficking. This resolution congratu- on the rise. These same cities, includ- So that is the reality that the world lates South Africa on its efforts and the recent ing Durban, Cape Town and Johannes- faces today. successful convictions for human trafficking. burg now boast major soccer stadiums Now, importantly, this resolution The Department of State reports that, capable of drawing between 40,000 to commends the Government of South ‘‘South Africa is a source, transit, and destina- 95,000 spectators each. The confluence Africa for taking some steps because it tion country for trafficked men, women, and of criminality and opportunity created has tried to combat this problem. It children .... Children are largely trafficked by the World Cup has presented major has brought to justice, it has success- within the country . . . to urban centers like challenges for the South African Gov- fully convicted its human traffickers Johannesburg, Cape Town, Durban, and ernment. Unfortunately, these chal- here in a trial that has gotten some at- Bloemfontein—girls trafficked for the purposes lenges will endure long after the cup tention. So it is important to note such of commercial sexual exploitation and domes- has been awarded. improvements. tic servitude; boys trafficked for forced street This resolution urges the South Afri- But at the same time, it’s important vending, food service, begging, crime, and ag- can Government to engage in an ag- for us to realize how much remains to riculture . . .’’ I am very pleased that the gressive, sustained, and effective cam- be done, how much the international South African government, in conjunction with paign to fight the scourge of traf- community needs to work and come to- other nongovernmental agencies including the ficking. It urges the government to gether to go after these criminal syn- Tshwane Counter-Trafficking Coalition for adopt the pending Prevention and Com- dicates that are involved in this kind 2010 and Cape Town Tourism has invested bating of Trafficking in Persons bill of activity. resources and energy into preventing human and enforce relevant elements of the And I only wish we could be cele- trafficking during the 2010 FIFA World Cup Sexual Offenses and Child Justice Acts. brating the achievement of countries and I hope that these efforts will continue. It urges the government to adopt addi- like Vietnam; but, unfortunately, I want to congratulate the South African tional measures to protect vulnerable we’ve read the report. Some countries Government for its enormous stride in ad- children and other potential victims are actually being downgraded in this dressing human trafficking. I also want to urge from sexual and labor exploitation. It report. In Vietnam, women and chil- the government to move quickly to adopt the urges the government to prioritize dren are routinely misled by fraudulent Prevention and Combating of Trafficking in anti-trafficking law enforcement, par- job opportunities where they find Persons Bill in order to facilitate future pros- ticularly during the World Cup games. themselves, instead, sold into brothels. ecutions, as well as prioritize anti-trafficking And, lastly, it encourages the govern- Sadly, while some conditions are im- law enforcement during the 2010 FIFA World ment to prosecute tourists engaging in proving, other states, like Vietnam, Cup through expanded law enforcement pres- commercial sexual exploitation. I are falling far, far behind. ence, raids, and other measures in areas strongly urge our colleagues to support And it is also our hope that the re- where trafficking for labor and sexual exploi- this timely and important resolution. lease of this report will do much in the tation are likely to occur. I truly believe that we

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00080 Fmt 0688 Sfmt 9920 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12479 can eradicate human trafficking and make this Persons Bill to aid in future investigations. (D) 2 hours per day in Cantonese, Viet- world a safer place for all people, and urge my Trafficking by tourists must be prosecuted to namese, Laotian, Khmer (Cambodian), and colleagues to support this important resolution. the fullest extent of law. Uyghur; and (E) 11⁄2 hours per week in Wu (local Shang- Mrs. MALONEY. Mr. Speaker, I am pleased Mr. Speaker, I urge my colleagues in the hai dialect). to join my colleagues Representative CHRIS House of Representatives to join me today in (5) The governments of the countries tar- SMITH and Representative KAY GRANGER in recognizing our dedication to human rights geted for these broadcasts have consistently congratulating the government of South Africa and justice in South Africa by supporting this denied and blocked attempts at Medium for their efforts to combat human trafficking. Resolution. Wave and FM transmissions into their coun- Let there be no mistake: human trafficking is Ms. WATSON. Mr. Speaker, I yield tries, forcing RFA to rely on Shortwave modern-day slavery. Although slavery was back the balance of my time. broadcasts and the Internet. abolished almost 150 years ago in the United The SPEAKER pro tempore. The (6) RFA has provided continuous online news to its Asian audiences since 2004, al- States, millions of people worldwide are still question is on the motion offered by though some countries— deprived of their freedom. Victims of this grow- the gentlewoman from California (Ms. (A) routinely and aggressively block RFA’s ing epidemic are forced into a world of abuse WATSON) that the House suspend the website; and exploitation. I have worked with my col- rules and agree to the resolution, H. (B) monitor access to RFA’s website; and leagues in Congress for years to fight this hor- Res. 1412, as amended. (C) discourage online users by making it il- rific problem but our work is far from over. The question was taken. legal to access RFA’s website. Past experiences indicate that global sport- The SPEAKER pro tempore. In the (7) Despite these attempts, RFA has suc- ing events such as the World Cup strongly af- cessfully managed to reach its online audi- opinion of the Chair, two-thirds being ences through proxies, cutting-edge soft- fect the human trafficking industry. The influx in the affirmative, the ayes have it. ware, and active republication and re- of millions of tourists to South Africa for the Ms. WATSON. Mr. Speaker, I object postings by its audience. World Cup increases the demand for prostitu- to the vote on the ground that a (8) RFA also provides forums for local tion and facilitates the entry of trafficking vic- quorum is not present and make the opinions and experiences through message tims to the country. Women and girls are re- point of order that a quorum is not boards, podcasts, web logs (blogs), cell portedly being trafficked to South Africa from present. phone-distributed newscasts, and new media, all over the world in order to meet the demand including Facebook, Flickr, Twitter, and The SPEAKER pro tempore. Pursu- YouTube. for commercial sex. With so many people en- ant to clause 8 of rule XX and the (9) Freedom House has documented that tering the country, it is important to raise Chair’s prior announcement, further freedom of the press is in decline in nearly awareness of the horrors of human trafficking proceedings on this motion will be every region of the world, particularly in and be able to identify victims from tourists. postponed. Asia, where none of the countries served by The government of South Africa not only The point of no quorum is considered RFA have increased their freedom of the needs to protect its vulnerable population but withdrawn. press during the past 5 years. also those that have been trafficked from (10) In fiscal year 2010, RFA is operating on f a $37,000,000 budget, less than $400,000 of across the globe. PERMANENT RADIO FREE ASIA which is available to fund Internet censor- House Resolution 1412 is an important ship circumvention. measure that not only commends the govern- AUTHORIZATION ACT (11) Congress currently provides grant ment of South Africa for their efforts to combat Ms. WATSON. Mr. Speaker, I move to funding for RFA’s operations on a fiscal year human trafficking but also urges them to act suspend the rules and pass the bill (S. basis. quickly to pass anti-trafficking legislation. 3104) to permanently authorize Radio SEC. 2. SENSE OF THE SENATE. Strong police enforcement and strict govern- Free Asia, and for other purposes. It is the sense of the Senate that— ment laws are especially critical during the (1) public access to timely, uncensored, and The Clerk read the title of the bill. accurate information is imperative for pro- World Cup in order to protect potential victims The text of the bill is as follows: moting government accountability and the and ensure victims are given proper attention. S. 3104 protection of human rights; Although the government of South Africa has Be it enacted by the Senate and House of Rep- (2) Radio Free Asia provides a vital voice worked to tackle this issue and has success- resentatives of the United States of America in to people in Asia; fully convicted two human trafficking cases Congress assembled, (3) some of the governments in Asia spend millions of dollars each year to jam RFA’s more needs to be done to prosecute traf- SECTION 1. FINDINGS. fickers and buyers of the industry. shortwave, block its Internet sites; Congress finds the following: (4) Congress should provide additional It is our duty to protect men, women, boys, (1) Radio Free Asia (referred to in this Act funding to RFA and the other entities over- and girls from this devastating scourge that is as ‘‘RFA’’)— seen by the Broadcasting Board of Governors destroying people’s lives. (A) was authorized under section 309 of the for— Mr. MCMAHON. Mr. Speaker, I rise today to United States International Broadcasting (A) Internet censorship circumvention; and support H. Res. 1412, a Resolution Congratu- Act of 1994 (22 U.S.C. 6208); (B) enhancement of their cyber security ef- lating the Government of South Africa upon its (B) was incorporated as a private, non-prof- forts; and it corporation in March 1996 in the hope that (5) permanently authorizing funding for first two successful convictions for human traf- its operations would soon be obviated by the ficking. Radio Free Asia would— global advancement of democracy; and (A) reflect the concern that media censor- Since June 11, South Africa has been (C) is headquartered in Washington, DC, ship and press restrictions in the countries hosting the 2010 FIFA World Cup. The global with additional offices in Bangkok, Hong served by RFA have increased since RFA was event has attracted nearly half a million visi- Kong, Phnom Penh, Seoul, Ankara, and Tai- established; and tors to South Africa. In the midst of this world- pei. (B) send a powerful signal of our Nation’s wide sports event, concerns of human traf- (2) RFA broadcasts serve as substitutes for support for free press in Asia and throughout ficking have been renewed. indigenous free media in regions lacking free the world. media outlets. Now, more than ever, children in South Afri- SEC. 3. PERMANENT AUTHORIZATION FOR RADIO (3) The mission of RFA is ‘‘to provide accu- FREE ASIA. ca are vulnerable to trafficking. The govern- rate and timely news and information to Section 309 of the United States Inter- ment has closed schools for the duration of Asian countries whose governments prohibit national Broadcasting Act of 1994 (22 U.S.C. the World Cup, leaving many children unat- access to a free press’’ in order to enable in- 6208) is amended— tended throughout the day. Yet, South African formed decisionmaking by the people within (1) in subsection (c)(2), by striking ‘‘, and law enforcement has been working overtime in Asia. shall further specify that funds to carry out a joint effort with the international community (4) RFA provides daily broadcasts of news, the activities of Radio Free Asia may not be to combat human trafficking. commentary, analysis, and cultural pro- available after September 30, 2010’’; gramming to Asian countries in several lan- (2) by striking subsection (f); I congratulate South Africa on its first two guages, including— (3) by redesignating subsections (g) and (h) successful convictions for human trafficking. (A) 12 hours per day in Mandarin; as subsection (f) and (g), respectively; and However, much is left to do. I call on the (B) 8 hours per day in 3 Tibetan dialects, (4) in subsection (f), as redesignated— South African government to promptly adopt Uke, Kham, and Amdo; (A) by striking ‘‘The Board’’ and inserting the Prevention and Combating of Trafficking in (C) 4 hours per day in Korean and Burmese; the following:

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We provide the kind of in- (B) by striking ‘‘before entering’’ and in- ital of Tibet in 2008 and provided exten- formation that people would be hearing serting the following: ‘‘before— sive coverage, used by major inter- if they actually had a free radio sta- ‘‘(A) entering’’; national media outlets, of the Chinese tion, if they could actually listen to (C) by striking ‘‘Radio Free Asia.’’ and in- serting the following: ‘‘Radio Free Asia; or crackdown on the monks. the voice of a news reporter on issues ‘‘(B) entering into any agreements in re- By permanently authorizing RFA, we such as the corruption of a local offi- gard to the utilization of Radio Free Asia will enhance the efficiency of the cial, let’s say, or what is actually hap- transmitters, equipment, or other resources RFA’s operations and send a powerful pening in their city, what is happening that will significantly reduce the broad- signal of our country’s support for a in their country. That is provided now casting activities of Radio Free Asia.’’; free press in Asia and throughout the through RFA. (D) by striking ‘‘The Chairman’’ and in- world. And I wanted to share with you just serting the following: According to Article 19 of the Uni- a couple of observations. Many of us ‘‘(2) CONSULTATION.—The Chairman’’; and versal Declaration of Human Rights, (E) by inserting ‘‘or Radio Free Asia broad- have heard the words of Vaclav Havel casting activities’’ before the period at the ‘‘everyone has the right to freedom of and Lech Walesa, Eastern Europeans end. opinion and expression; this includes who were very moved by the broadcasts The SPEAKER pro tempore. Pursu- freedom to hold opinions without inter- into their own countries by Radio Free ant to the rule, the gentlewoman from ference and to seek, receive, and im- Europe. And whether it’s a crackdown California (Ms. WATSON) and the gen- part information and ideas through on workers at a local factory or news tlewoman from Florida (Ms. ROS- any media and regardless of frontiers.’’ and information about ideas like toler- RFA’s mission is to do just that, to LEHTINEN) each will control 20 minutes. ance, political pluralism, the fact is The Chair recognizes the gentle- bring news and information about their these messages were heard. woman from California. own countries to populations denied And I remember in the former Yugo- GENERAL LEAVE the benefits of freedom of information slavia talking to a Croatian journalist Ms. WATSON. Mr. Speaker, I ask by their governments. RFA’s broad- who had tears in his eyes, and he said unanimous consent that all Members casts, through the radio and the Inter- there was one country in Eastern Eu- may have 5 legislative days to revise net, are devoted to that very idea, to rope where we did not broadcast with and extend their remarks and include that notion of enlightenment. Radio Free Europe. That was Yugo- extraneous material on the resolution Radio Free Asia provides a vital slavia. voice to hundreds of millions of people under consideration. b 2030 The SPEAKER pro tempore. Is there in Asia, and I strongly urge my col- objection to the request of the gentle- leagues to support this legislation. And as a result, he told me, we woman from California? Mr. Speaker, I reserve the balance of watched what happened in Czecho- There was no objection. my time. slovakia as Vaclav Havel was able to Ms. WATSON. Mr. Speaker, this bill, Ms. ROS-LEHTINEN. Mr. Speaker, I do a plebiscite, and the Czech Republic which passed the Senate last week by yield such time as he may consume to went one way and Slovakia went the unanimous consent, would amend the the gentleman from California (Mr. other. And the reason he was crying International Broadcasting Act of 1994 ROYCE), the ranking member on the was because he said not one human life to permanently authorize Radio Free Foreign Affairs Subcommittee on Ter- was lost in that, and Vaclav Havel had Asia. Radio Free Asia, or RFA, was es- rorism, Nonproliferation and Trade, said he had listened to those broad- tablished by Congress in 1994 and began and the author of the House companion casts about the importance of political its operations in 1996. As a private, to this bill. pluralism and self-determination and nonprofit corporation, its mission is to Mr. ROYCE. Mr. Speaker, this pro- tolerance, whereas he as a Croatian provide accurate and timely news to gram, Radio Free Asia, was due to ex- was listening to Croatian hate radio Asian countries whose governments pire, under existing law, in September. and Serbian hate radio, and indeed prohibit access to a free press. And I am delighted here, for several hate radio from every single ethnic Today, RFA broadcasts news and in- reasons, that the legislation is before group in that country. formation in nine languages: Burmese, us. One is because, on a strategic level, And during his time as a reporter Cantonese, Mandarin Chinese, Korean, if you have this sunset and you have covering those wars, he watched the Khmer, Laotian, Tibetan, Uyghur, and authoritarian regimes presuming that war with Slovenia spin out of control, Vietnamese. RFA also maintains a vi- at the end of the year RFA’s broadcasts and then Croatia, and Bosnia, and the brant Internet presence, providing in- are going to be discontinued, it implies Kosovo war. He watched each of these formation through podcasts, blogs, that it does not have the full support of tragedies, with their tens of thousands message boards, and YouTube. the U.S. Government or our people of human lives lost. And he said to me Because RFA is guided by the prin- here in the United States. And in some something I will never forget. ‘‘If only ciples of free expression and opinion countries there’s even been talk of we had had the broadcasts here to bet- and serves its Asian listeners by pro- RFA going out of business. This sends ter prepare us for what was to come.’’ viding information critical for in- the message that that just isn’t so be- That is why this work is so important. formed decisionmaking, the govern- cause now RFA will permanently be in And today we do this work in Burma, ments of the countries that RFA tar- business. we do this work in North Korea, in gets have actively sought to block And from a practical standpoint, Vietnam, and in China, in all the major RFA’s transmissions and access to its what does that mean? If you’re running dialects. And many of these govern- Web site. These repressive governments a station, it means that you’ve got the ments actively work, of course, to try are clearly concerned that public ac- ability now to contract effectively in to block RFA transmissions and infor- cess to the timely, uncensored, and ac- long-range leases. You get the capital mation into their society. But still the curate information provided by RFA agreements that you need. You are bet- information manages to get in. Maybe will lead to greater demands for de- ter able, less expensively, to run these not into the main cities at times, but mocracy, respect for fundamental operations. into the rural areas and into the subur- human rights, and government ac- It’s not that these operations are ex- ban areas. countability. pensive. As my friend, John Kasich, And frankly, Freedom House, which A winner of numerous human rights former chairman of the Budget Com- ranks all of these countries not free, and broadcast journalism awards, RFA mittee once said, the price of this is attests to the ability of this informa- has played a vital role in providing in- the price of a fuel cap on a B–52. But, tion to get through. As one observer formation in some of the most op- oh, how effective, oh, how effective this has noted, this type of broadcasting ir- pressed societies in Asia. For example, strategy has been over the years, be- ritates authoritarian regimes, inspires RFA broke the news of the peaceful cause what we provide here is surro- democrats, and creates greater space

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And I will just oppressed societies the kind of news promoting free speech and freedom of infor- mention Kim Jong Il and his grip on and information that local journalists mation in places where governments have information in North Korea. I mention would supply if they were allowed to strangled their people’s ability to speak their it because Congresswoman DIANE WAT- operate freely. minds. Most notably during the Cold War, SON and I went into North Korea. And We can all recall the important role Radio Free Europe was one of the many tools according to experts today, that grip is that Radio Free Europe played in help- the United States used to try and reach out to not as strong as it once was. And this ing us to end the Cold War. For the those behind the Iron Curtain, who were de- is one of the reasons. The information past 14 years, its younger sibling, prived of information and whose right to speak cordon that once encircled North Radio Free Asia, has provided critical their minds freely was severely curtailed. Korea, I am going to quote this ob- broadcasting in a neighborhood that Radio Free Asia, RFA, attempts to do the server, is now in tatters as information contains some of the world’s most anti- same for the people of Asia whose freedom of is getting in. And that is backed up by democratic regimes: North Korea, speech and press, particularly in China and a survey by a prominent think tank Burma, China, Vietnam, and Laos. It North Korea, has been stifled by increasingly which interviews hundreds of North also broadcasts in important minority restrictive government policies. Korean refugees every year. And it languages such as Uyghur, Cantonese, The consistent and continued attempts on finds an ever-increasing percentage, Wu, and dialects of Tibet. behalf of these governments to block and jam now more than half who fled since 2006, Among all of the freedom broad- RFA’s broadcasts are a testament to their had listened to foreign news regularly, casting services of the United States, value and effectiveness. Like a cool breeze including RFA. RFA, Radio Free Asia, is the only one drafting through a hot, stifled room, RFA is a I remember a report we had of one of whose authorizing legislation con- breath of fresh air to those who are deprived the Politburo members who said in de- tained a sunset date, which Congress of information and afraid to speak freely. Cre- bate, ‘‘If you are not listening to the has repeatedly extended. It is high atively using shortwave broadcasts and the radio broadcasts, you are like a frog in time to remove that sunset and make Internet, RFA has been able to circumvent the well who does not know what is Radio Free Asia’s authorization perma- many of the restrictive tactics of oppressive going on in the outside world.’’ And so nent. governments, often relying on the ingenuity the harsher the regime, the more the Sadly, the need for Radio Free Asia and intelligence of local listeners themselves attempt to control information, the is not going to end any time soon, Mr. to spread the word. more diligent we find our reporters and Speaker. Making the authorization But RFA needs more time and more re- stringers are at RFA in trying to permanent, therefore, is an important sources to do its job right. It is of paramount counter the propaganda that comes signal of the United States’ commit- importance that Radio Free Asia continue its from the state. ment, putting those regimes who try so broadcasts in the future, until its implementa- And with this legislation, Radio Free extremely hard to block the Radio Free tion is made obsolete by its own success in Asia can better focus its long-term Asia broadcasts on notice that they promoting freedom of information in the coun- mission of bringing its message of some cannot wait out our resolve to support tries it currently serves. According to Freedom modicum of humanity, freedom, de- freedom of the press in Asia. House, freedom of the press is in decline al- mocracy, respect for the rule of law, In addition, permanent authority most everywhere in the world, making Radio creating a space for civil society where makes operational sense, as the recur- Free Asia’s services that much more vital in it can flourish under the Asian con- ring sunset has complicated Radio Free reaffirming this Congress’ concern for the free- tinent’s oppressive regimes such as Asia’s ability to hire long-term staff, dom of people around the globe. I am glad China. And I think if we continue this to negotiate cost-effective leases and that the Congress has decided to continue the good effort, and I have listened in and capital agreements. For these reasons, important work of the RFA and to promote participated in some of the broadcasts Mr. Speaker, this measure before us de- freedom to our oppressed brethren in Asia. into China, we have a tremendous op- serves our unanimous support. Mr. MCMAHON. Mr. Speaker, I rise today in portunity to reach a young generation Let us stand today with the long-suf- support of S. 3104, which amends the United of people who are in desperate need of fering people of China, of Tibet, of States International Broadcasting Act of 1994 another side of the story. And those re- North Korea, of Burma, of Vietnam, of to give the Broadcasting Board of Governors porters are providing it with RFA. Cambodia, and Laos, and against re- permanent control of grants to operate Radio Ms. ROS-LEHTINEN. Mr. Speaker, I gime-sponsored attempts to restrict Free Asia. yield myself such time as I may con- the information they receive. Radio Free Asia is a private, non-profit or- sume. Ms. JACKSON LEE of Texas. Mr. Speaker, ganization whose mission is to provide accu- I thank my good friend from Cali- I rise in strong support of S. 3140, a bill to rate and relevant news to those living in Asian fornia (Mr. ROYCE), the author of the permanently authorize Radio Free Asia, and countries where freedom of the press is re- House companion of this bill, for his for other purposes. I thank my colleague Sen- stricted since 1996. leadership on this issue. ator LUGAR for introducing this important bill This organization is vitally important to the Today I rise in strong support of the that reasserts our commitment to a free press intellectual and political development of the Senate bill, S. 3104, a bipartisan bill and freedom of speech in Asia and throughout peoples of Asia. Democracy cannot flourish that deserves our prompt approval. I the world. without a free press, which is why Radio Free want to thank the gentleman from Freedom of the press is one of our most Asia is so important to those living under au- California, who has been working on cherished values and enshrined in our first thoritarian regimes. this issue for a number of years. And as amendment. ‘‘Congress shall make no law re- For this reason, totalitarian governments in we know, Mr. Speaker, an unfettered specting an establishment of religion, or pro- Asia spend millions of dollars each year trying and independent press is so vital to the hibiting the free exercise thereof; or abridging to jam Radio Free Asia. Despite attempts to maintenance of liberty that its protec- the freedom of speech, or of the press; or the suppress its influence, Radio Free Asia has tion was enshrined in the First Amend- right of the people peaceably to assemble, been greatly successful in fulfilling its mis- ment of our Constitution. and to petition the Government for a redress sion—even reaching remote regions of North Tyranny cannot abide dissent. And of grievances.’’ I believe it is one of the most Korea, arming refugees and peace builders the repressive regimes know that they valuable and fundamental rights written in the with information from the free world. cannot afford to allow the unregulated Constitution, as it grants us as people the abil- Radio Free Asia has been the recipient of dissemination of information and ity to speak truth to tyranny. In the United numerous awards, such as the Annual Human ideas. People accustomed to thinking States we often take this freedom for granted, Rights Press Award International Activist

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In addition, due to recent Radio Free Asia multiple times. by deploying United States Southern Com- droughts, erratic rainfalls and high I urge my colleagues in the House of Rep- mand support helicopters and frigates for as- food prices, a sharp drop in remit- sistance with the transport of food, water, resentatives to support this bipartisan bill. and emergency supplies; tances, Guatemala now faces severe Radio Free Asia represents the potential of Whereas countries and organizations food insecurity, and this is expected to technology to cultivate democracy in nations around the world have contributed millions increase in the wake of Tropical Storm to which it is foreign, and it is important that of dollars in medicines and aid, and humani- Agatha. we modernize the structure of the organization tarian aid agencies in the United States and Guatemalan officials are estimating to ensure its future financing and success. around the world are mobilizing to provide that damages will surpass $475 million. Ms.ROS-LEHTINEN. Mr. Speaker, I much needed assistance to the relief and re- In Honduras, the loss in the agriculture have no further requests for time, and covery efforts; and sector could be close to $18.5 million. In I yield back the balance of my time Whereas Guatemala, Honduras, and El Sal- all three countries, critical infrastruc- Ms. WATSON. Mr. Speaker, I yield vador have begun the process of recovering ture relating to water and sanitation from these natural disasters: Now, therefore, back the balance of my time. be it has been destroyed. The SPEAKER pro tempore. The Resolved, That the House of Representa- The United States has provided relief question is on the motion offered by tives— for the victims of Tropical Storm Ag- the gentlewoman from California (Ms. (1) mourns the loss of life and expresses atha by deploying United States WATSON) that the House suspend the solidarity with all people affected by Trop- Southern Command support heli- rules and pass the bill, S. 3104. ical Storm Agatha; copters and frigates to assist with the The question was taken; and (two- (2) commends the brave efforts of the peo- transport of food, water, and emer- thirds being in the affirmative) the ple of Guatemala, Honduras, and El Salvador gency supplies. Humanitarian aid agen- rules were suspended and the bill was as they recover from Tropical Storm Agatha; cies in the United States and countries passed. (3) recognizes the assistance of the inter- national community during the recovery ef- and NGOs around the world are mobi- A motion to reconsider was laid on fort in providing relief to the people of Gua- lizing to provide much-needed assist- the table. temala, Honduras, and El Salvador; and ance to the relief and the recovery ef- f (4) urges the Secretary of State, in coordi- forts. The resolution before us recognizes EXPRESSING SUPPORT FOR PEO- nation with the Administrator of the United States Agency for International Develop- the assistance efforts already under PLE OF GUATEMALA, HONDURAS ment (USAID), to continue to develop a stra- way and urges the Secretary of State AND EL SALVADOR AFTER tegic plan to promote food security and re- in coordination with the administrator TROPICAL STORM AGATHA covery efforts with the goal of mitigating of the United States Agency for Inter- Ms. WATSON. Mr. Speaker, I move to the current and future effects of the recent national Development, or USAID, to suspend the rules and agree to the reso- natural disasters that have devastated Gua- temala, Honduras, and El Salvador. continue to develop a strategic plan lution (H. Res. 1462) expressing support with the goal of mitigating the effects for the people of Guatemala, Honduras, The SPEAKER pro tempore (Mr. of the recent natural disasters that and El Salvador as they persevere MAFFEI). Pursuant to the rule, the gen- have devastated these three countries. through the aftermath of Tropical tlewoman from California (Ms. WAT- Guatemala, Honduras, and El Salvador Storm Agatha which swept across Cen- SON) and the gentlewoman from Flor- face a major challenge as they recover tral America causing deadly floods and ida (Ms. ROS-LEHTINEN) each will con- and rebuild. They deserve our contin- mudslides, as amended. trol 20 minutes. ued support. The Clerk read the title of the resolu- The Chair recognizes the gentle- For these reasons, Mr. Speaker, I tion. woman from California. urge my colleagues to support this im- The text of the resolution is as fol- b 2040 portant resolution. lows: I reserve the balance of my time. GENERAL LEAVE H. RES. 1462 Ms. ROS-LEHTINEN. Mr. Speaker, I Ms. WATSON. Mr. Speaker, I ask Whereas, on May 29, 2010, Guatemala, Hon- yield myself such time as I may con- duras, and El Salvador experienced dev- unanimous consent that all Members sume. astating floods and mudslides brought on by may have 5 legislative days to revise I rise today as a proud cosponsor of Tropical Storm Agatha; and extend their remarks and include House Resolution 1462, which expresses Whereas Tropical Storm Agatha has left extraneous material on the resolution the support of the United States to the 174 dead and 62,827 families were directly af- under consideration. people of Guatemala, Honduras, and El fected in Guatemala; The SPEAKER pro tempore. Is there Salvador in the aftermath of Tropical Whereas Tropical Storm Agatha has left objection to the request of the gentle- Storm Agatha. 22dead and 7,998 in shelters in Honduras; woman from California? Having already declared a state of Whereas Tropical Storm Agatha has left 11 There was no objection. dead and 12,000 in shelters in El Salvador; emergency following a volcano erup- Whereas over 2,000 Guatemalans were dis- Ms. WATSON. Mr. Speaker, I rise in tion just 50 miles from Guatemala City placed with little forewarning following the strong support of this resolution and days earlier, Guatemala was hit by eruption of the Pacaya volcano; yield myself such time as I may con- Tropical Storm Agatha on May 29, 2010. Whereas the combination of Tropical sume. Floods and mudslides devastated parts Storm Agatha and the eruption of the On May 29, 2010, Guatemala, Hon- of Guatemala, Honduras, and El Sal- Pacaya volcano have devastated Guate- duras and El Salvador experienced dev- vador as a result of the storm. Hun- mala’s landscape leaving behind sinkholes astating floods and mudslides caused dreds of lives were lost, hundreds of and mudslides across the country; by Tropical Storm Agatha. Agatha has Whereas, due to recent droughts, erratic thousands of survivors left in shelters. rainfall, high food prices, and a sharp drop in left 174 dead and directly affected more Immediately following this disaster, remittances, Guatemala has suffered severe than 62,000 families in Guatemala, as we always do, the United States, as food insecurity that will increase in the killed 22 and forced nearly 8,000 into a government and as a people, was wake of Tropical Storm Agatha; shelters in Honduras, and left 11 dead standing by to lend a helping hand. The Whereas Guatemalan officials are esti- and 12,000 in shelters in El Salvador. United States Southern Command, mating that damages will surpass And to make matters worse, over 2,000 SOUTHCOM, located in my home dis- $475,000,000; Guatemalans were displaced with little trict in Miami, Florida, deployed four Whereas the loss in the agriculture sector forewarning following the eruption of helicopters from Soto Cano Air Base in could be close to $18,500,000 in Honduras; Whereas 380 schools have been affected in the Pacaya volcano on May 27, 2010. Honduras to conduct aerial assess- El Salvador; The combination of the tropical ments and transport emergency relief Whereas critical infrastructure relating to storm and the volcano has devastated supplies to areas impacted by the dis- water and sanitation has been destroyed; Guatemala’s landscape leaving behind aster.

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SOUTHCOM also But we also commend the people of these Command for providing food, water, and nec- sent personnel from Miami to join a ravaged countries for their bravery, and for essary supplies to the victims of these natural humanitarian assessment team on the standing tall in the face of adversity. In spite disasters. We have not been alone in pro- ground in Guatemala. And I was proud of the frustration and sadness that come in the viding assistance to the disaster areas; the to see Royal Caribbean Cruises, also of aftermath of a disaster, they are fighting hard international community has come together in Miami, work with the Pan American to recover. They could certainly use our help. support of those who have been affected, con- Development Foundation to help trans- The international community and the United tributing millions of dollars in medical supplies port food to the tens of thousands of States have already responded. Countries, and other assistance. survivors in the days following the NGOs and humanitarian aid agencies from I urge the House of Representatives to keep storm. around the world have generously contributed in mind today those lives and livelihoods that The growing security challenges fac- millions of dollars in medicine and aid, and have been destroyed in the aftermath of this ing Guatemala, Honduras, and El Sal- mobilizing to transport and deliver support and disaster by supporting this resolution. vador as a result of narcotraffickers supplies. The United States continue to assert Ms. ROS-LEHTINEN. Mr. Speaker, I and vicious gangs have only been com- and strengthen our commitment to participate yield back the balance of my time. plicated by this recent natural dis- in the global outpouring of support to our dev- Ms. WATSON. Mr. Speaker, I yield aster. It will be critical for the United astated neighbors to the south. back the balance of my time. States to work with responsible demo- After all, we are no strangers to the effects The SPEAKER pro tempore. The cratic nations in the region to ensure of natural disasters, and many of our cities question is on the motion offered by that this does not become a window of have suffered through more than their fair the gentlewoman from California (Ms. opportunity for criminals. share. As a Representative of the good people WATSON) that the House suspend the The success we have seen in Colom- of Houston, Texas, many of the Atlantic hurri- rules and agree to the resolution, H. bia and the ongoing efforts being taken canes and tropical storms that wreak havoc Res. 1462, as amended. in Mexico against the drug cartels have every summer hit very close to home. From The question was taken. created an unfortunate sandwich effect Ike to Ivan to Wilma to Katrina, we know all The SPEAKER pro tempore. In the in Central America. But only through a too well the devastation that befalls those un- opinion of the Chair, two-thirds being united hemispheric-wide approach that fortunate enough to be standing in the path of in the affirmative, the ayes have it. is based on a shared commitment to de- one of the North Atlantic’s deadly hurricanes Ms. WATSON. Mr. Speaker, I object mocracy, to security, to prosperity, or tropical storms. We have seen the destruc- to the vote on the ground that a will we achieve success against the tion first hand; I have spoken to the victims; quorum is not present and make the narcotraffickers and organized crime. we have known the pain and suffering those point of order that a quorum is not Again, Mr. Speaker, I would like to natural disasters can cause. present. extend my heartfelt condolences to the We know the road of recovery can be long The SPEAKER pro tempore. Pursu- families and friends of those who suf- and fraught with challenges. But we have re- ant to clause 8 of rule XX and the fered as a result of Tropical Storm Ag- covered, and so shall the people of Guate- Chair’s prior announcement, further atha. As the brave people of Guate- mala, Honduras and El Salvador. And the proceedings on this motion will be mala, Honduras, and El Salvador con- United States must help ensure that they do. postponed. tinue to recover from this tragic dis- As such, I am proud to stand behind my fel- The point of no quorum is considered aster, please know that we have you in low members in calling upon the Congress to withdrawn. our hearts and in our prayers. urge the Secretary of State and the United f Ms. JACKSON LEE of Texas. Mr. Speaker, States Agency for International Development SUPPORTING DESIGNATION OF I rise in strong support of H. Res. 1462, sup- to continue working on a strategic plan to pro- NATIONAL ESIGN DAY port for the people of Guatemala, Honduras mote food security and recovery efforts, with and El Salvador as they persevere through the the aim of mitigating current and future effects Mr. MCDERMOTT. Mr. Speaker, I aftermath of Tropical Storm Agatha which of the recent natural disasters that have dev- move to suspend the rules and agree to swept across Central America causing deadly astated Guatemala, Honduras and El Sal- the concurrent resolution (H. Con. Res. floods and mudslides. I would like to thank Mr. vador. 290) expressing support for designation MACK for introducing this resolution underlining Mr. MCMAHON. Mr. Speaker, I rise today in of June 30 as ‘‘National ESIGN Day’’. our heartfelt support for our North American support of H. Res. 1462, stating our nation’s The Clerk read the title of the con- neighbors in their time of desperate need. unequivocal support for those people of Gua- current resolution. Mr. Speaker, the countries of Central Amer- temala, Honduras, and El Salvador who have The text of the concurrent resolution ica have suffered devastating damage and been affected by Tropical Storm Agatha. In is as follows: loss of life at the hands of Mother Nature. the aftermath of the storm, mudslides and H. CON. RES. 290 Tropical Storm Agatha has left over 200 dead sinkholes formed, not only marring the natural Whereas the Electronic Signatures in Glob- and over 95,000 in shelters, most of them in beauty of these countries, but also causing im- al and National Commerce Act (ESIGN) was Guatemala. The powerful storm has inflicted mense amounts of damage and suffering. enacted on June 30, 2000, to ensure that a sig- over $475,000,000 in damages throughout the Hundreds of people lost their lives, and tens nature, contract, or other record relating to region, destroying critical water and sanitation of thousands were displaced from their a transaction may not be denied legal effect, validity, or enforceability solely because it infrastructure. Combined with recent droughts, homes. Food shortages, destruction of infra- is in electronic form; high food prices and a dramatic drop in remit- structure, economic losses in agriculture, and Whereas Congress directed the Secretary of tances from the United States, Guatemala in damages to vital buildings will inevitably ad- Commerce to take all actions necessary to particular has suffered severe food insecurity versely affect these countries for a long time eliminate or reduce, to the maximum extent that will likely increase due to the effects of to come. possible, the impediments to commerce in the storm. These Latin American nations represent cru- electronic signatures, for the purpose of fa- I join my fellow members in expressing our cial U.S. allies in the region and key economic cilitating the development of interstate and most heartfelt condolences for the loss of life trading partners. It is in the interest of our eco- foreign commerce; and and suffering the Guatemalan, Honduran and Whereas June 30, 2010, marks the 10th anni- nomic stability and national security to help versary of the enactment of ESIGN and Salvadoran people have endured in the wake them through these tough times. would be an appropriate date to designate as of the storm. We mourn for those who are no Our own experiences from Hurricanes Rita ‘‘National ESIGN Day’’: Now, therefore, be it longer with us, and extend our deepest sym- and Katrina remind us that we are all vulner- Resolved by the House of Representatives (the pathies to those they have left behind, in able to the cruel whims of nature. We will Senate concurring), That Congress—

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(1) supports the designation of a ‘‘National and Congressman JAY INSLEE. The pas- Congress. It was my second Congress. I ESIGN Day’’; sage of that bill has helped more Amer- came in during the 105th. (2) recognizes the previous contribution ican companies to operate globally, I think the other important informa- made by Congress to the adoption of modern and it has helped to increase produc- solutions that keep the United States on the tion is with other digital e-commerce leading technological edge; and tivity and efficiency for consumers, issues that we are approaching and dis- (3) reaffirms its commitment to facili- businesses, and governments. cussing. We are discussing one in the tating interstate and foreign commerce in an When President Clinton signed the committee now, which is the 21st cen- increasingly digital world. bill into law in June 2000, he said, tury access to disabilities, which is The SPEAKER pro tempore. Pursu- ‘‘Just imagine if this had existed 224 trying to make sure that the digital ant to the rule, the gentleman from years ago. The Founding Fathers age doesn’t leave the disability com- Washington (Mr. MCDERMOTT) and the wouldn’t have had to come all the way munity behind. gentleman from Illinois (Mr. SHIMKUS) to Philadelphia on July 4 for the Dec- So the question that we faced in the each will control 20 minutes. laration of Independence. They could committee today was: How much do we The Chair recognizes the gentleman have emailed their John Hancocks in.’’ make sure that we set the standards from Washington. Now, 10 years later, that is what but that we don’t dictate technology? GENERAL LEAVE businesses and governments in every Because, if we dictate technology, we Mr. MCDERMOTT. Mr. Speaker, I ask corner of the globe are able to do—in- disincentivize the folks who are the unanimous consent that all Members stantly complete transactions that smarts behind this new age. may have 5 legislative days in which to used to take days. What we did on ESIGN was to say, revise and extend their remarks and in- I reserve the balance of my time. Here are the standards. You smart peo- Mr. SHIMKUS. I yield myself such clude extraneous material in the ple figure it out. Make sure that pri- time as I may consume. RECORD. vacy is protected. Make sure that you It is great to be down here with my The SPEAKER pro tempore. Is there can continue to keep data if people colleague Mr. MCDERMOTT. Usually, I objection to the request of the gen- want hard copies. The other thing we don’t like resolutions, you know, but tleman from Washington? allowed was for the consumers to he approached me on the floor. This is There was no objection. choose. If people wanted to try this a really important one, and I think it new venue, it was pretty scary. Can b 2050 is important to go back over the his- you imagine going on the Internet 10 Mr. MCDERMOTT. I yield myself tory of what we did 10 years ago. years ago and saying, ‘‘I’m going to such time as I may consume. Mr. Speaker, everything was paper. buy a pair of tennis shoes, and I’m Mr. Speaker, I rise today to celebrate You had to have paper copies. You going to put my credit card number on the 10th anniversary of the signing of couldn’t do bank transactions. You the computer, and they’re going to the Electronic Signatures in Global couldn’t do certifications. You couldn’t mail me this stuff, and it’s all going to and National Commerce Act, the do business documentation. work out’’? It was pretty scary. People ESIGN bill, a landmark piece of legis- My colleague mentioned ANNA do it all the time now, but you know lation that has transformed how we ESHOO, who is a great friend of mine on what? If you want to go down to the conduct interstate commerce and busi- the committee. JAY INSLEE is also a store and pay cash for those shoes, you ness. The advent of e-signatures has great friend of mine on the committee. can still do it. brought enormous benefit to both con- I serve on the Energy and Commerce sumers and businesses alike by dras- Committee. I’ve been on the Tele- So the benefit of what we did was to tically improving convenience, reduc- communications Subcommittee. I say let the consumers choose. Also, the ing costs, and increasing the speed of think credit goes to Chairman Bliley, benefit of what we did was to say give transactions. and I think credit goes to Billy Tauzin. the business community the standards. As many of you know, I represent Se- The great thing about Energy and Don’t try to squeeze them into a one- attle, which is one of the most wired Commerce is a lot of the issues that we size-fits-all method. Let the great in- and high-tech cities in the world. address cut across partisan lines, espe- novative minds—many of them are in ESIGN has greatly improved the abil- cially on the Technology Sub- my colleague’s State of Washington ity of companies in my district to be committee. State—really make this stuff work. more effective and competitive in the So the signing of this bill really I’ve been on the Energy and Com- global marketplace. helped, as my colleague said, and it merce Committee for, fortunately, my I would especially like to acknowl- really changed the way we can conduct 14 years in Congress, and I’ve been on edge Seattle-based electronic signature business in the new digital age. It is the Telecommunications Sub- platform provider DocuSign for being a really a great credit, and it does merit committee. I should be an expert. I leader in the electronic signatures and taking the time to think back on those still don’t understand it. I still don’t records industry and for helping spear- folks who pushed for this, in a bipar- understand how it all works, but I head the coalition to recognize June 30 tisan resolution and through both know that there are smart enough peo- as National ESIGN Day. Chambers, in order to get the bill ple who can make it work, and this is DocuSign recognizes that the bene- signed into law. a perfect example. This 10-year anni- fits of e-commerce extend beyond the I am sure there was opposition by versary, in essence, is a tremendous dollar values that are placed on busi- Members in both parties. In fact, I success story. I have a 17-year-old, a 15- ness activity. With over 30,000 current know one famous Democrat on the year-old and a 10-year-old. They are customers and having served over 4.5 committee who wasn’t an original sup- growing up in an age where they don’t million people to date, DocuSign pro- porter of this. So the fact that Chair- know any other way of doing trans- vides its customers with confidence in man Bliley and Billy Tauzin, as the actions and of doing business than the integrity and credibility of emerg- chairmen of the subcommittee and the what we did 10 years ago. ing electronic capabilities. They have full committee, were all engaged in JIM, I appreciate your effort. I appre- been a leader in removing obstacles support shows what we can do when we ciate your coming to me on the floor. and barriers to business transactions work together. Like I said, I’m not a big resolution online and in allowing their customers The Electronic Signatures in Global guy, but I thought this was one worthy to work faster, more reliably, and more and National Commerce Act, ESIGN, of sitting back and of focusing on what securely. represents a critical step in harmo- we did in the hopes, as we move for- It is important we recognize the fore- nizing the world’s global commerce and ward on other high-tech issues, that we sight and vision of those who worked contract law with a modern electronic will set the guidelines but that we will so hard to pass ESIGN 10 years ago, in- and increasingly Internet-dependent let the really smart innovators figure cluding Congresswoman ANNA ESHOO world. This happened during the 106th out how it can be done.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12485 Mr. Speaker, I have no further re- The point of no quorum is considered title VII of the Rehabilitation Act of 1973 (29 quests for time, and I yield back the withdrawn. U.S.C. 796f et seq.). (B) The Commissioner is not conducting a balance of my time. f Ms. ESHOO. Mr. Speaker, today marks the competition to establish a new part C center b 2100 for independent living with funds appro- 10th anniversary of the enactment of the Elec- priated by the American Recovery and Rein- tronic Signatures in Global and National Com- INDEPENDENT LIVING CENTERS vestment Act of 2009 in the State. merce Act. I rise in support of designating TECHNICAL ADJUSTMENT ACT (b) GRANTS TO CENTERS FOR INDEPENDENT today as ‘‘National ESIGN Day’’ and commend Ms. CHU. Mr. Speaker, I move to sus- LIVING IN STATES IN WHICH STATE FUNDING Mr. MCDERMOTT for bringing this resolution to pend the rules and pass the bill (H.R. EQUALS OR EXCEEDS FEDERAL FUNDING.—In the Floor. 5610) to provide a technical adjustment awarding funds to existing centers for inde- pendent living (described in section 723(c) of Ten years ago the thought of filing your with respect to funding for independent taxes electronically, renewing your drivers li- the Rehabilitation Act of 1973 (29 U.S.C. 796f- living centers under the Rehabilitation 2(c))) in a State, the director of the des- cense, and filling out a mortgage application Act of 1973 in order to ensure stability ignated State unit that has approval to on your computer was one that many feared. for such centers, as amended. make such awards— There was uncertainty about the security of The Clerk read the title of the bill. (1) in fiscal year 2010— the transaction and how to verify who was on The text of the bill is as follows: (A) may distribute among such centers each end of the keyboard. We recognized H. R. 5610 funds appropriated for the centers for inde- then that we needed rules of the road that pendent living program under part C of title Be it enacted by the Senate and House of Rep- VII of the Rehabilitation Act of 1973 (29 would guide us into the information society. resentatives of the United States of America in We needed to create trust in this emerging U.S.C. 796f et seq.) by any Act other than the Congress assembled, American Recovery and Reinvestment Act of technology called the ‘‘internet’’ if it was going SECTION 1. SHORT TITLE. 2009 in the same proportion as such funds to grow into what we hoped would be at least This Act may be cited as the ‘‘Independent were distributed among such centers in the a new and efficient way to do business elec- Living Centers Technical Adjustment Act’’. State in fiscal year 2009, notwithstanding tronically in both the public and private sector. SEC. 2. INDEPENDENT LIVING CENTERS TECH- section 723(e) of the Rehabilitation Act of We stood at a crossroads ten years ago. NICAL ADJUSTMENT. 1973 (29 U.S.C. 796f-2(e)) and any contrary We needed to eliminate obsolete barriers to (a) GRANTS TO CENTERS FOR INDEPENDENT provision of a State plan submitted under electronic commerce such as undue pen and LIVING IN STATES IN WHICH FEDERAL FUNDING section 704 of such Act (29 U.S.C. 796c); and paper requirements and other practices that EXCEEDS STATE FUNDING.— (B) may disregard any funds provided to (1) IN GENERAL.—If the conditions described slowed down innovation. In March of 1999 I such centers from funds appropriated by the in paragraph (2) are satisfied with respect to American Recovery and Reinvestment Act of introduced the H.R. 1320, the Millennium Dig- a State, in awarding funds to existing cen- 2009 for the centers for independent living ital Commerce Act because I recognized that ters for independent living (described in sec- program under part C of title VII of the Re- the growth of electronic commerce and elec- tion 722(c) of the Rehabilitation Act of 1973 habilitation Act of 1973 (29 U.S.C. 796f et tronic government transactions represented a (29 U.S.C. 796f-1(c))) in the State, the Com- seq.); and powerful force for economic growth, consumer missioner of the Rehabilitation Services Ad- (2) in fiscal year 2011 and subsequent fiscal choice, improved civic participation, and ministration— years, may disregard any funds provided to wealth creation. (A) in fiscal year 2010— such centers from funds appropriated by the Less than a year later, in January of 2000, (i) shall distribute among such centers American Recovery and Reinvestment Act of funds appropriated for the centers for inde- 2009 for the centers for independent living the Electronic Signatures in Global and Na- pendent living program under part C of title program under part C of title VII of the Re- tional Commerce Act was signed into law. VII of the Rehabilitation Act of 1973 (29 habilitation Act of 1973 (29 U.S.C. 796f et As the information and innovation society is U.S.C. 796f et seq.) by any Act other than the seq.). now fully integrated into almost every aspect American Recovery and Reinvestment Act of The SPEAKER pro tempore. Pursu- 2009 (Public Law 111-5) in the same propor- of our lives, we stand here today to look back ant to the rule, the gentlewoman from over the last ten years. Electronic commerce tion as such funds were distributed among California (Ms. CHU) and the gentleman is now the driving force of our global econ- such centers in the State in fiscal year 2009, from Tennessee (Mr. ROE) each will omy. The level of confidence in the internet notwithstanding section 722(e) of the Reha- bilitation Act of 1973 (29 U.S.C. 796f-1(e)) and control 20 minutes. and the innovative tools it has created con- any contrary provision of a State plan sub- The Chair recognizes the gentle- tinues to grow. As we stood at that intersec- mitted under section 704 of such Act (29 woman from California. tion ten years ago, we took our country and U.S.C. 796c); and GENERAL LEAVE our consumers in the right direction. (ii) shall disregard any funds provided to I urge all of my colleagues to support H. such centers from funds appropriated by the Ms. CHU. Mr. Speaker, I request 5 Con. Res. 290 designating June 30th as ‘‘Na- American Recovery and Reinvestment Act of legislative days during which Members tional ESIGN Day.’’ 2009 for the centers for independent living may revise and extend and insert ex- Mr. MCDERMOTT. Mr. Speaker, I program under part C of title VII of the Re- traneous material on H.R. 5610 into the have no further requests for time, and habilitation Act of 1973 (29 U.S.C. 796f et RECORD. seq.); and The SPEAKER pro tempore. Is there I yield back the balance of my time. (B) in fiscal year 2011 and subsequent fiscal The SPEAKER pro tempore. The years, shall disregard any funds provided to objection to the request of the gentle- question is on the motion offered by such centers from funds appropriated by the woman from California? the gentleman from Washington (Mr. American Recovery and Reinvestment Act of There was no objection. MCDERMOTT) that the House suspend 2009 (Public Law 111-5) for the centers for Ms. CHU. Mr. Speaker, I yield myself the rules and agree to the concurrent independent living program under part C of such time as I may consume. resolution, H. Con. Res. 290. title VII of the Rehabilitation Act of 1973 (29 Mr. Speaker, I rise today in support The question was taken. U.S.C. 796f et seq.). of H.R. 5610, the Independent Living (2) CONDITIONS.—The conditions described Centers Technical Adjustment Act. The SPEAKER pro tempore. In the in this paragraph are the following: opinion of the Chair, two-thirds being (A) The Commissioner receives a request This bill addresses an issue brought to in the affirmative, the ayes have it. from the State, not later than July 30, 2010, our attention by a number of States Mr. MCDERMOTT. Mr. Speaker, I ob- jointly signed by the State’s designated that are at risk of having to reduce ject to the vote on the ground that a State unit (referred to in section 704(c) of services for adults with disabilities. quorum is not present and make the such Act (29 U.S.C. 796c(c))) and the State’s Authorized under the Rehabilitation point of order that a quorum is not Statewide Independent Living Council (es- Act of 1973, the Independent Living present. tablished under section 705 of such Act (29 Center program serves adults with dis- The SPEAKER pro tempore. Pursu- U.S.C. 796d)), for the Commissioner to dis- abilities by providing an array of inde- regard any funds provided to centers for ant to clause 8 of rule XX and the independent living in the State from funds pendent living services, including the Chair’s prior announcement, further appropriated by the American Recovery and information and referral services, inde- proceedings on this motion will be Reinvestment Act of 2009 for the centers for pendent living skills training, peer postponed. independent living program under part C of counseling, and individual and systems

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12486 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 advocacy training. This program is ad- ployment, skills training, peer coun- deployed overseas or recovering from ministered by the Rehabilitation Serv- seling, and information for people with serious injury. They’re also presenting ices Administration, which allocates disabilities to enable them to become the first donation for a memorial Federal funds to the centers based on a participating members of society. They that’s planned for the Minnesota State formula in an established State plan. enable people with disabilities to live capitol grounds that pays tribute to all Under current law, Centers within a independent lives and participate in so- family members of all men and women, State must first receive funds at the ciety as working adults. past and present, who have served our level they received in the previous The Rehabilitation Act provides country in uniform. year, and absent sufficient funding, funding for the planning, conduct, ad- Again, Mr. Speaker, I want to com- they must receive the same propor- ministration, and evaluation of Inde- mend the children of the American tional amount of the total they re- pendent Living Centers. Due to the Revolution, and I encourage all of us to ceived the previous year. way 31 States chose to distribute funds remember those who serve this great The Independent Living Centers were provided for the Independent Living Nation as we approach the Fourth of provided additional funds through the Centers in the American Recovery and July. stimulus package passed by Congress Reinvestment Act, FY 2010 funds may f in 2009. States were given maximum be distributed disproportionately to REJECT JOB-KILLING BILL flexibility for determining the alloca- Independent Living Centers in those 31 tion of these funds among the centers States. (Mr. MORAN of Kansas asked and in their States. Several States opted to H.R. 5610, the Independent Living was given permission to address the distribute these temporary funds using Centers Technical Adjustment Act, House for 1 minute.) a formula different from their base for- would enable funds to be distributed to Mr. MORAN of Kansas. Mr. Speaker, mula. As a result, some Centers re- Independent Living Centers in the ap- I rise in opposition to the job-killing ceived a proportionally larger or small- propriate manner for FY 2010. H.R. 5610 bill, H.R. 4173, the Dodd-Frank Act of er allocation than they did in previous enables States that distributed ARRA 2010. All this so-called financial reform years. funds disproportionately to the centers legislation accomplishes is to heap ad- This one-time change in the alloca- to have those funds disregarded in the ditional regulations and burdens upon tion of funds made sense because of the determination of the distribution of FY community financial institutions challenges State economies were fac- 2010 funds. This bill ensures the fund- which, by and large, were not the cause ing. At the same time, current law did ing for Independent Living Centers, of the financial crisis. Even worse, this not envision this one-time increase in which provide such a valuable resource legislation doesn’t adequately address funding. And, in fact, the Rehabilita- for people with disabilities, is distrib- the issue of too big to fail for Wall tion Services Administration is re- uted to the centers proportionally and Street firms that were the root of the quired to allocate 2010 funds based on a appropriately. I stand in support of problem. Center’s total proportional allocation this bill and ask my colleagues for sup- The added regulatory cost on the for 2009 and the additional funding a port. community banks in this bill will fur- Center received under the American I yield back the balance of my time. ther slow job growth in our economy. Recovery and Reinvestment Act, or Ms. CHU. Mr. Speaker, I urge support In Kansas, this will especially hurt ARRA. This requirement may result in of H.R. 5610, and I yield back the bal- businesses and farmers and ranchers some Centers losing up to 35 percent of ance of my time. that need loans from their community funds as the total proportion a Center The SPEAKER pro tempore. The banks to help make payroll and grow received may be less than they re- question is on the motion offered by their crops. The added costs of the reg- ceived in the prior year. the gentlewoman from California (Ms. ulations and increased capital require- The Independent Living Centers CHU) that the House suspend the rules ments on these financial institutions Technical Adjustment Act will allow and pass the bill, H.R. 5610, as amend- will lead to an even worse credit mar- States to request that ARRA funds not ed. ket. be included in determining their cen- The question was taken; and (two- Mr. Speaker, Congress should reject ter’s previous year allocations. That thirds being in the affirmative) the the bill and pass commonsense legisla- way, the temporary funds provided rules were suspended and the bill, as tion that addresses the problems of under ARRA do not permanently amended, was passed. Wall Street that caused our financial change the Center’s base allocations. A motion to reconsider was laid on crisis, not add further regulation and This is a complex but necessary fix to the table. costs to Main Street. protect services for so many people f f with disabilities who benefit from the HONORING THE CHILDREN OF THE b 2110 work of the Independent Living Cen- AMERICAN REVOLUTION ters. SPECIAL ORDERS Mr. Speaker, I want to thank Chair- (Mr. PAULSEN asked and was given The SPEAKER pro tempore. Under man MILLER for introducing this im- permission to address the House for 1 the Speaker’s announced policy of Jan- portant legislation, and I urge support minute and to revise and extend his re- uary 6, 2009, and under a previous order of this technical change to ensure Inde- marks.) of the House, the following Members pendent Living Centers can continue Mr. PAULSEN. Mr. Speaker, I rise will be recognized for 5 minutes each. the important work for people with dis- today to commend the work being done f abilities in our communities. by the Children of the American Revo- I reserve the balance of my time. lution, Lake Minnetonka. They’re GOD AND GUNS Mr. ROE of Tennessee. Mr. Speaker, I hosting a pancake breakfast to raise The SPEAKER pro tempore. Under a yield myself such time as I may con- money for their grant programs to previous order of the House, the gen- sume. teach kids about the real meaning of tleman from Texas (Mr. POE) is recog- Mr. Speaker, I rise today in support the Fourth of July. Their mission is to nized for 5 minutes. of H.R. 5610, the Independent Living train good citizens, develop leaders, Mr. POE of Texas. Mr. Speaker, when Centers Technical Adjustment Act. and to promote a love of the United I was at a town hall meeting in Texas Independent Living Centers are non- States of America and its heritage. recently, a local man came up to me residential, private, not-for-profit The Lake Minnetonka chapter re- afterward to talk about his concerns agencies that provide an array of serv- cently gave a grant to Our Military over where our country was headed— ices for people with disabilities to en- Kids, a nonprofit that provides tuition something to do with a fiery inferno in able them to live independently. Inde- assistance for art, sports, and music a hand basket. Anyway, as he was talk- pendent Living Centers provide em- camps to children of parents that are ing to me, I noticed his T-shirt. Here’s

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A The most important right we have as defend freedom and protect themselves Consumer Financial Protection Bureau Americans is the freedom of speech, was so important that it was placed at the Federal Reserve cannot com- and that includes the freedom of reli- second in the Bill of Rights behind the pensate for a banking system that is, gion. It’s first in the constitutional First Amendment, freedom of speech at its heart, terribly misformed. Time Bill of Rights because without it, none and freedom of religion and the free- will prove this view correct. of the rest would be possible. The right dom of press and the right to peace- A handful of big banks—Goldman to bear arms is the Second Amendment fully assemble. Sachs, JPMorgan, Bank of America, because without it, we could not pro- Currently, gun control advocates and Citicorp, Wells Fargo, HSBC and Mor- tect the First Amendment. their elitist allies wish to subject the gan Stanley—have so harmed the vast The recent Supreme Court decision people to more government oppression majority of other financial institutions simply stated the obvious as it is writ- of freedom by denying individuals the on Main Street that these smaller in- ten in the Bill of Rights: ‘‘A well regu- right to arm themselves. Thomas Jef- stitutions, which comprise the major- lated militia being necessary to the se- ferson knew the importance of an ity that are still left, are being penal- curity of a free State, right of the peo- armed citizenry. He said: ‘‘No free man ized big time by having to pay exorbi- ple to keep and bear arms, shall not be shall ever be debarred from the use of tant additional insurance fund fees to infringed.’’ Now I’m sure the halls of arms.’’ Samuel Adams wrote: ‘‘The the regulators to prop up the losses of academia were all up in arms about the Constitution shall never be construed the big banks that have so harmed the right to bear arms. The media imme- to prevent the people of the United whole financial architecture of our diately began spreading the shocking States who are peaceful citizens from country. That’s why lending remains news: the Supreme Court actually keeping their arms.’’ And of course seized up coast to coast. It’s why over upheld the Constitution. Oh, the James Madison, who helped write the 84 more banks have folded this year. hysteria they went through. They said, Bill of Rights, once wrote that the And while this is happening for the re- Murder rates will surely double upon Americans had ‘‘the advantage of being mains that are left, then the big six go the mere announcement of this. Never armed,’’ and that other nations’ gov- in and gobble up what’s there. mind the fact that more gun control ernments were ‘‘afraid to trust the peo- The bill basically grandfathers the does not lower murder rates; it actu- ple with such arms.’’ too big to fail big banks that have ally increases them. Look at this city, So leave it to a Texas preacher to grown even more unwieldy as the fi- Washington, D.C., the toughest gun keep it all in perspective. You see, nancial crisis has deepened. Today they control in the country. without the Second Amendment, you have been rewarded because they’re But let’s don’t let the facts get in the can’t protect the First Amendment, way of a political agenda. I wonder how even growing bigger. Before the crisis, the freedom of speech, the freedom of they controlled one-third of the assets the media and the antigun protesters religion, the freedom of press and the would have felt about the First Amend- of this country. Astoundingly, they freedom to peacefully assemble with- now control two-thirds of the assets of ment being ignored for political pur- out the Second Amendment. our Nation. Can you imagine a handful poses. The Second Amendment, like And that’s just the way it is. of banks with that much power? The the rest of the Bill of Rights, protects f citizens from the power of government. bill does absolutely nothing about People have rights. Government has no WALL STREET REFORM that. It kind of looks the other way. rights. Government has power. And The SPEAKER pro tempore. Under a One cannot call this structure free when citizens give away their rights, previous order of the House, the gentle- market competition. One has to call it like the Second Amendment, govern- woman from Ohio (Ms. KAPTUR) is rec- oligopolistic control of our financial ment increases its power and oppres- ognized for 5 minutes. marketplace. sion over the people. Ms. KAPTUR. Mr. Speaker, I rise to If you’re feeling the pain because you The Supreme Court ruled accurately share my major disappointment and lost your home or you’re about to lose and restored the rights of all Ameri- key concerns with the so-called Wall your home or you lost your job or you cans based on the due process clause of Street reform bill that just passed this lost some of your pension or you lost the 14th Amendment to the Constitu- House and why I voted ‘‘no’’ on this some of your IRA, you know who to tion which commands that no State measure. Bottom line, the bill does not blame. Their bad behavior has hurt all shall ‘‘deprive any person of life, lib- fundamentally change the skewed fi- the other banks in this country and, in erty or property without due process of nancial power relationship between fact, other nations and people around law.’’ To truly understand the meaning Wall Street and Main Street. That re- the world. For shame. and purpose of the Second Amendment, lationship has so gravely hurt our Na- But as a result of their concentration we need to understand the men who ac- tion. of power in the hands of far too few, it tually wrote the Constitution and what The bill allows the Wall Street insti- is expected that 20 million American they said when it was ratified. tutions to maintain their choke hold families will lose their homes, 2.4 mil- The Founding Fathers were very con- on Main Street’s vitals. The big banks lion more Americans this year. Unem- cerned that a strong Federal Govern- that have caused our economic crisis ployment rates remain stuck too high, ment would trample on individual free- by severely abusing their privilege to and our economy is not producing the dom and individual rights because create money were treated with kid jobs it should because lending has that’s what happened to the colonists gloves. seized up across this Nation. People are under the power of Great Britain. Gov- Now, the Republican leader said that losing more equity and their savings, ernments historically do that to their the bill was like a nuclear weapon yet Goldman Sachs, JPMorgan, people, trample on individual rights. aimed at an ant. I say, the bill was a Citigroup, Bank of America, Morgan That’s historical. So after the ratifica- cotton ball thrown at an elephant. The Stanley, Wells Fargo, HSBC, they’re tion of the Constitution, the Framers bill does not even create real competi- doing just fine, making billions and knew that a declaration of rights had tion to the handful of big banks that billions in profits and taking bigger to be added to protect basic individual have simply become too big and con- and bigger bonuses to boot. rights, rights that are inalienable, cre- trolling. This bill didn’t even recoup those bo- ated by our Creator and not created or Indeed, the bill allows them to keep nuses to help pay for the cost of hous- given to us by government. their vaulted positions with a few ing modifications for Americans who

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12488 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 stand to lose their most important and Wells Fargo—hold $209 trillion, or 97 per- first invaded Warsaw. As early as 1939, asset this year, their equity. cent of the total, the OCC said.’’ Irena began helping Jews by offering The arrogant power of the big banks So, let’s review: 5 megabanks, all ‘‘too big food and shelter and falsifying docu- is demonstrated by their interconnect- to fail’’, highly interconnected, hold 2⁄3 of the ments. When the Nazis erected the edness, when you saw Goldman Sachs assets of people in our country. They have Warsaw ghetto in 1940 to imprison and AIG kind of bail one another out. concentrated vast amounts of financial power 450,000 Jews, Irena and her collabo- And it’s a perfect example of why too amongst themselves and also control 97 per- rators created false papers allowing big to fail is too big to exist. They are cent of the derivatives in the country. Now them access in and out of the ghetto. very clever, and they command inordi- that’s a recipe for more abuse. And that set of During World War II, Irena helped nate power, so much market power facts is a window on future abuse. 2,500 Jewish children escape from near that they ignore the laws for them- Perhaps worst of all, according to such ex- certain death by sneaking them out of selves when it is convenient. perts as William Isaac, former Chair of the the ghetto. Irena took these children Banks are doing more than just FDIC and Henry Blodget, editor-in-chief of The to Polish families, orphanages, and banking. In fact, they are speculating Business Insider, concur that ‘‘reform’’ bill convents and recorded a list of their with our money. They just can’t help would not have prevented the crisis of 2008. names to ensure that their identities themselves. They take a dollar and So, why didn’t Congress assure that it did? were preserved so that after the war turn it into a hundred or more. Now, some might say we can’t predict what she could help reunite them with their The SPEAKER pro tempore. The the next financial crisis will look like. But we parents. After the records were nearly time of the gentlewoman from Ohio has should be able to put reforms into place that discovered in her home by the Gestapo, expired. would have prevented the crisis we just went she put them in jars and buried them. Ms. KAPTUR. Mr. Speaker, I will through. But Congress did not. The wine In 1943, Irena was arrested by the place the other remarks in the RECORD glasses and cigars are surely full and lit to- Nazis and placed in prison and interro- tonight. And I might say that it’s not night. gated and tortured. When pressured a question of if the system will fail Sadly, this House repeated its history in about the names and locations of those again, but only when it will fail again. weak financial regulation. We did not make she helped, Irena gave a false story This used to not be allowed under the the hard choices. It left the American people that she had created in the event of her Glass-Steagall, which prohibited commercial vulnerable again. It is not a question of ‘‘if,’’ capture. She was sentenced to death. banks from doing investment activities and in- but only ‘‘when.’’ Unbeknown to her, a group called vestment firms from taking deposits. The two f Zegota quietly negotiated with the Nazi executioner for her release. De- were kept separate. RECOGNIZING KANSANS FOR However, in 1999, the Graham-Leach-Bliley spite her escape, the Nazis publicized SHARING IRENA SENDLER’S HE- Irena’s death throughout the city. For bill repealed Glass-Steagall and the walls ROIC STORY the remainder of the war, Irena re- came down between commercial banking and The SPEAKER pro tempore. Under a mained hidden, just like the children speculating. previous order of the House, the gen- she had helped. Gambling and prudent lending need to be tleman from Kansas (Mr. MORAN) is After the war ended, she dug up the separate again. I have introduced H.R. 4377, recognized for 5 minutes. jars and worked to reunite the children the Return to Prudent Lending Banking Act Mr. MORAN of Kansas. Mr. Speaker, with their parents. Unfortunately, which strengthens the Glass-Steagall separa- I want to share a story about the value sadly, most of the parents died in the tions and repeals some of what Graham- of studying history, the importance of Holocaust. Leach-Bliley did. great teachers, the power of educating The Uniontown students used Irena’s We know instinctually that we need to break students, and the glory of a life lived in story as an inspiration for a play called up the big banks and increase competition service to others. ‘‘Life in a Jar’’ to honor her contribu- across our financial system. tions and to share her story with the b 2120 Instead, the megabanks stay too big to fail, world. Since 1999, these students, along and the American taxpayers will pick up the In 1999, Norm Conard, a history and with others from southeast Kansas, tab when they implode the economy at some social studies teacher in Uniontown have presented ‘‘Life in a Jar’’ to over date in the future. That is their pattern. That is High School in southeast Kansas came 270 venues around the world, including their history. across a clipping from U.S. News and a performance in Warsaw. They have This bill took far too many passes. World Report explaining the story of also performed for Holocaust survivors, Regulating derivatives is an excellent exam- Irena Sendler, who helped rescue as many of whom were saved by Irena. ple of Congress knowing what we need to do many as 2,500 Jewish children during Since the students’ discovery, Irena but not doing it. the Holocaust. Mr. Conard, along with has received international recognition Regulating all derivatives openly and clearly his students, ninth graders Megan for her brave work. She was awarded should be expected with no exceptions. Noth- Stewart, Elizabeth Cambers, Jessica the 2003 Jan Karski Award for Valor ing less is acceptable. Shelton, and 11th grader Sabrina and Courage. She was recognized by In this bill, JP Morgan, Goldman Sachs, Coons, wondered if the article could Pope John Paul II and the President of Morgan Stanley, Bank of America, Wells just be a misprint. Poland. Additionally, Irena was consid- Fargo, Citigroup, and their colleagues can Mr. Conard encouraged his students ered for a Nobel Peace Prize in 2007. continue to trade derivatives that are used to to participate in the National History Irena passed away in 2008 at the age of specifically hedge the risk that they are under- Day and learn more, find out the an- 98. taking, as well as still being able to trade inter- swer. An initial Internet search found The students’ legacy lives on in Kan- est-rate and foreign-exchange swaps. just one additional article about Irena sas as well. Mr. Conard was awarded a Last week Bloomberg Businessweek stated Sendler, but the students dug deeper grant from the Milken Family Founda- the following: ‘‘U.S. commercial banks held and discovered an amazing story that tion to build a center in Fort Scott, derivatives with the notional value of $216.5 was nearly lost to history. Kansas, committed to the teaching of trillion in the first quarter, of which 92 percent While searching for Irena’s resting the importance of respect, under- were interest-rate or foreign-exchange deriva- place, the students discovered that she standing, and religious tolerance, and tives, according to the Office of the Comp- was, in fact, alive. After many letters to develop diversity projects about un- troller of the Currency.’’ were exchanged, the Kansas students sung heroes like Irena Sendler. The So, they can keep the vast majority of busi- traveled to Poland to meet Irena in Lowell Milken Center also provides ness in house. 2001, and they were able to visit with Holocaust lesson plans to teachers and Bloomberg Businessweek also reported that her about her heroic work during the uses ‘‘Life in a Jar’’ to demonstrate ‘‘The [same] five U.S. banks with the biggest Holocaust. what students are capable of achieving. holdings of derivatives—JP Morgan Chase, Irena Sendler was a Catholic social In addition, the Center has also pro- Goldman Sachs, Bank of America, Citigroup, worker living in Poland when the Nazis duced a DVD to share Irena’s story.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.002 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12489 Funds raised by the performance of the sible to debate and pass a realistic very nominal figure. We’re going into play and the DVD are for the care of long-term budget until we’ve consid- debt thousands of times that much those who worked to rescue Jewish ered the bipartisan commission’s def- every day. The Obama administration children in Poland, like Irena. icit reduction plan which is expected in is spending us into oblivion. There has When the students from Kansas met December. never been a precedent. Since this Irena, she told them they were ‘‘con- That sounds a little bit like an ex- Obama administration’s taken place in tinuing the effort she began 50 years cuse, doesn’t it? two year cycles, they have put us at ago’’ and expressed appreciation, as we It’s the first time we’ve done any- what looks like will be around $3 tril- should, for their work to make this thing bipartisan in the last 18 months lion additional in debt. If we don’t piece of history known. Now their ef- if they did wait for it. And if it were bi- change that, I really believe that it forts to share this story inspire others. partisan, I’m sure they wouldn’t be in- could be the central figure in Amer- It is the hope of the project that all terested in passing it. ica’s economic obituary. who learn of Irena Sendler’s efforts to Is it true that we have to wait until Mr. AKIN. I very much appreciate save the children of Poland will em- December to pass a budget? I don’t your starting off on a very sobering brace their classroom motto, ‘‘He who think so. There’s no excuse. There’s a kind of note because I wanted to get to changes one person changes the world balanced budget resolution here. Here that question about, well, maybe budg- entire.’’ it is, actually, a copy of the front of ets sound boring, but what does it f the bill. mean? And I think you put that in Of course, the trouble with this, this graphic terms. You are saying it’s WHERE’S THE BUDGET? has a big problem. This is a Republican more damaging than some war that The SPEAKER pro tempore. Under budget. This is a budget that’s talking some foreign conqueror could wreak, the Speaker’s announced policy of Jan- about getting the budget balanced by more havoc than a war. uary 6, 2009, the gentleman from Mis- 2020. It’s an austere budget. It’s a tough Mr. FRANKS of Arizona. Well, Con- souri (Mr. AKIN) is recognized for 60 budget. It’s a budget that you’d argue gressman, if we fail to put our eco- minutes as the designee of the minor- about, but it’s a responsible budget. nomic house in order, we’re not going ity leader. And I’m joined by some very good to be able to project any military capa- Mr. AKIN. Mr. Speaker, we’re going friends of mine on the subject of budg- bility at all. You know, a government to talk about an interesting subject ets. And we’re going to move from is what it spends. And one of the rea- here this evening, and one that might budgets. We’re going to end up answer- sons that America has such a strong seem a little boring to start with but ing at least one question. That is, well, military capability is because we’re so strong economically. We’re the most actually has tremendous ramifications, why are budgets important? powerful Nation economically in the and that is the question and the sub- I’m joined by my good friend from world. We dwarf all other economies. ject of budgeting. Arizona, Congressman FRANKS, an ex- But the way we’re going, we could be Now, budgets are always kind of an pert on quite a number of different sub- competing with Greece for the insta- unpleasant thing because there’s a nat- jects, and we’re going to talk a little bility that this administration seems ural requirement of a budget to bal- bit later tonight, too, about doing ance a couple of things, balance spend- to be heading our country toward. some oil drilling. Mr. AKIN. You know, you have been ing and how much money you take in. I believe you were, was it 16 or 17 So when a family works on a budget, it almost reading my mind, because I when you had your first oil rig? But I have some charts that do compare may be a hard time because you have yield time to my good friend. to make choices between what are you Greece to where we are economically, going to spend your money on and how b 2130 and they are spooky charts. I am joined by another one of our much money do you have to spend. So Mr. FRANKS of Arizona. Well, in good friends, my good friend from budgeting is one of those tough things, talking about the budget tonight, I Georgia, Congressman BROUN. And I but it’s necessary for organizations in guess I believe, Congressman, that the have to say I have got a couple of my budget challenges that we have, the order to be organized enough to try to favorite people to share an hour with deficit spending and the debt, has the keep some semblance of economic san- on the floor tonight, both very articu- ability to challenge and damage this ity. late, but both very knowledgeable. country perhaps in a way that no mili- We’re going to talk about budgeting Congressman FRANKS, if you start to some. And the subject is of some inter- tary power has ever been able to do. talk to him about missile defense and est tonight because, if you think about We are around $13 trillion in debt in ballistics and all kinds of technical a family, maybe some families budget this country. And if you try to measure questions, he is a veritable Popular Me- in a much more formal process, others that in simple terms, it almost boggles chanics walking on two feet. do it a little bit informally, but more the mind. But if you try to put it in And then my good friend Dr. BROUN, or less what they try to do is keep how terms that we can understand, if we de- who spent years as a medical doctor, much money is coming in pretty close cided to pay that off at a million dol- also has a whale of a lot of Georgia to what’s going out. When they don’t, lars a day. Let’s say we just suspended common sense. And I would like to wel- they start to get some very high credit the interest on the debt and we didn’t come you, Dr. BROUN, or Congressman card bills. Of course, small businesses, go another penny in debt, and we said BROUN, or my good friend PAUL. Thank very important for them to budget. we are going to pay what we owe off be- you. So who is it? Which one do you think fore we go deeper in debt. Now that I Mr. BROUN of Georgia. Thank you, forgot about budgeting? Fortune 500 suppose sounds outrageous for a place Mr. AKIN. I appreciate your yielding. corporations? No. Schools have budg- like this, but that’s a very common- In fact, the quotes you have up there ets. But we find tonight this curious sense idea. And yet, if we paid our ex- on the chart I think are very telling. phenomenon, and this is a little bit isting debt off at $1 million a day, with Democratic Whip STENY HOYER, this is like watching an eclipse or something. no interest and no additional spending, when he was the minority whip, 2006, as It doesn’t happen very often. Since it would take us around 40,000 years to is indicated. He said, ‘‘The most basic 1974, when the Budget Act was passed, do that. responsibility of governing.’’ And as it’s never happened that Congress did Mr. AKIN. That’s really discour- you also very ably pointed out, JOHN not have a budget. And yet, this year, aging. SPRATT, who is the Democratic chair- Congress, it’s Congress that doesn’t Mr. FRANKS of Arizona. My man of the House Budget Committee, have the budget. Kind of an amazing grandkids may not be around that Congressman from South Carolina, said thing. long. But the real tragedy, of course, is also in 2006, ‘‘If you can’t budget, you We’ve heard our floor leader, Con- that we’re not paying this debt off at $1 can’t govern.’’ If you can’t budget, you gressman HOYER, he says it isn’t pos- million a day as a country. That’s a can’t govern. And it’s just inane.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12490 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 It’s unconscionable that this leader- receipts. This is the money coming in. We may not be able to pay this debt off ship here in this House isn’t even going And this is outlays. Now, this is the tomorrow. I already said it might be to attempt, not even attempt to bring sort of chart that you need to have 35,000, 40,000 years the way we are going about a budget for this Congress to some first-graders, because they could just at a million dollars a day paying it vote on. And why is that? Why would give us some real wisdom. off. But we’re not going to go further they not, particularly with these very We could say which one of these cir- in debt. And that’s something this Con- strong statements that the majority cles is bigger? Is it the red one or the gress should have the courage to do. whip, now STENY HOYER, made back in blue one? The red one is bigger. So Mr. AKIN. I think that Congress has 2006 before they became the majority? we’re spending more than what we’re tended—our job is to spend money. JOHN SPRATT, when he was on the receiving. That says your budget’s in That’s what Congress is designed to do. Budget Committee, not the chairman, trouble. That’s not very complicated. Of course we do too good a job of it. as he is now, said if you can’t budget, And it’s so much in trouble that the And the question is we have been over- you can’t govern. But they can’t budg- U.S. Congress doesn’t want to acknowl- spending for a long time. et, they won’t budget, and they are not edge that fact. They say, well, if we b 2140 governing very well either. But why? don’t see it, maybe—it’s like at night, Why is that so? you know, when you have a bad dream. We overspent when President Bush, Mr. AKIN. I would like to jump in, if If you pull the covers up, maybe it will we Republicans, when he was in. And I I could, because I think that’s where go away. That seems where we are. know you gentlemen joined me in some we got to ask the question. This is, I My good friend from Arizona. very tough votes in saying, no, we guess, when the Republicans were in Mr. FRANKS of Arizona. Well, I can’t do that. But we have overspent to the majority, 2006. And they are saying think that one of the disappointing a degree all the way along. But what the most basic responsibility is gov- things for me in this body, and in all happened is we’ve taken this thing to erning. This is Congressman HOYER. due respect to the majority, is that an entirely new level. And I have some And now we don’t have a budget, and they seem to hold themselves uncon- charts that I think explain that. But I he is one of the leaders. strained to the truth and the things want to hear from my good friend from Here we have the ranking member on that you mentioned. It almost seems Georgia. the House Budget Committee, and he that they feel like they can hold them- Mr. BROUN of Georgia. I want to add says, ‘‘If you can’t budget, you can’t selves to be able to take a vote here to what our good friend from Arizona govern.’’ Well, that’s what they are and repeal the laws of mathematics. was just saying. In Scripture, Proverbs saying in 2006. But it seems like that’s And we’re facing a day of reckoning tells us a good man leaves an inherit- not where we are today, is it? Here’s that is coming pretty quickly. ance to his children’s children. And the ‘‘Where Is the Budget?’’ This is some- There are a lot of things that are be- inheritance we’re leaving to our chil- thing that was in The Hill newspaper. ginning to snowball. Not only is this dren’s children is a mound of debt that But it’s kind of telling. ‘‘Skipping a administration spending and deficit they’ll know we’ll never overcome. budget resolution this year would be spending in an unprecedented way, but We’ve got to stop the spending here unprecedented. The House has never we’re fast approaching where the baby in Washington. We have to stop this failed to pass an annual budget resolu- boomer generation, of which I am sort outrageous growth of the Federal Gov- tion since the current budget rules of kind of on the tail end, barely old ernment—outrageous, unacceptable to were put into place in 1974.’’ enough to be a baby boomer— the American people—robbing our chil- That’s why I am saying this is a lit- Mr. AKIN. I am on the front end. So dren and our grandchildren not only of tle bit like one of those full eclipses of let’s talk about that. their economic future but also of their the sun. You have to wait for a certain Mr. FRANKS of Arizona. But the freedom. And that’s exactly what we’re number of years and be just in the point is, this has been the most produc- doing here in this Congress. right place to see it. This is unusual. tive generation in the history of this And it all started with the TARP We haven’t seen this before. Unfortu- country. And the baby boomer genera- funds that President Bush and Hank nately, it is not a good omen exactly tion is beginning now to start to retire. Paulsen pushed through. I voted from an economic point of view. Ac- And that means two things: that pro- against those TARP funds in 2007. I cording to what? The Congressional ductivity is going to be dramatically guess it was in 2008 when it was pressed Research Service. They are the ones reduced, and of course then they are forward by President Bush and he was that keep records of all of this kind of going to go on Social Security and wrong and I voted against him, and stuff. So there isn’t any budget, which begin to put a drain on the system. And many Republicans did at the same does beg the question. we absolutely are in an unsustainable time, voted against him. But it has Mr. BROUN of Georgia. Mr. AKIN, be- circumstance at this moment. And for been magnified. It has been grown at a fore you take that chart down, if you all the things that we try to do, the tremendous exponential rate: the red would yield for half a second, down at Democrat majority simply is ignoring ink, the debt, the spending. And I the bottom, I want to call attention to that reality. think the reason we’re not going to the viewers, this was an article, this I have two little babies at home, 22- vote on a budget, not even have a pro- didn’t come from Glenn Beck or Rush month-old twins, and they are the posed budget by the Congress, is be- Limbaugh or Sean Hannity, it came greatest joy of my soul. And I will just cause this majority does not want any from The Hill, one of the Hill news- say to you that the idea that we’re rob- constraints on their spending. They papers up here called The Hill, on April bing them of God knows what, I mean don’t want any. 14, 2010, this year, talking about this it’s almost like they could be facing a And a budget, if you follow it, con- Congress, talking about this leader- complete economic meltdown, and it strains spending. That’s what it’s de- ship. Skipping a budget resolution could happen way before they get old signed to do. And it also puts forth all would be unprecedented. enough to deal with it. But we actu- of the parameters and would show the Mr. AKIN. Unprecedented. ally, in my judgment, have genera- American people the increasing debt Mr. BROUN of Georgia. Unprece- tional theft here. And it is something that is going to be pushed off on future dented. that is a disgrace. And I think it’s fun- generations. Mr. AKIN. Unusual. And what are the damentally immoral. And we don’t So we’re going totally against what implications of all of this? You know, have to do that. Scripture teaches us when God tells us the Congress didn’t pass a budget, but All we have to do is say that what- a good man leaves an inheritance to his the administration sent us a budget. ever else we’re going to do, we’re going children’s children. This is kind of a complicated looking to do like families. We’re going to have Mr. AKIN. The point you bring up, chart. But this isn’t very complicated a budget. We’re going to say we’re not gentlemen, I was not a Boy Scout, but in a lot of ways, because this thing is going to spend more than we take in. we had a bunch of boys that were Boy

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12491 Scouts. And one of the things that they that’s not what this bill does. It sup- They’ve tried to spend and tax and bor- learned, which we did, because my wife posedly is about global warming, but in row our way into prosperity, and I just and I were outdoors people and did a fact it’s just more taxes. don’t think I’ve ever seen in my life- lot of backpacking and canoeing and And the health care tax thing. This time a more dangerous situation for us all, is that when you come to a camp- deal here, that bill, they had to strug- economically. And in the final analysis site, you always want to leave it better gle to keep it under a trillion dollars. here, they are also doing everything than the way you found it. It was just The President said, I won’t do it if it they can it seems to crush business and sort of like a tradition among out- costs a dime. No. He did it because it job growth. doorsmen. And that tradition very costs more than a trillion. So there’s And so it just seems like all of these much reflected the mindset of my par- another great big tax. Death tax. Cap- things are coming together, and I don’t ents’ generation, the people that ital gains. They’re going to expire. So know where it ends, and I don’t know fought World War II. My father is 89 we’re going high in taxes. But does what to do. It’s almost you have to be and was with Patton in the Army. that mean we’re cutting back on spend- an alarmist to tell the truth here. But there was a general way of ing? No. Mr. AKIN. I thought it would be ap- thinking in that generation. And the This, my friend, is why if I were a propriate to talk about what these bars mindset was that they were going to Democrat I wouldn’t want to put a mean. It’s pretty straightforward. sacrifice a lot of things they wished budget out there. Take a look at that These were Republican years under they’d had as kids in order to give picture. My friend from Arizona. Bush, and this shows the deficit. We’re their kids something better. They’re Mr. FRANKS of Arizona. I just was not proud of this deficit. Shouldn’t be going to leave the campsite better than responding. I think if we could explain any. The worst year under Bush was it was left for them. why they are not putting a budget out this one where Speaker PELOSI ran the And so my parents’ generation, if is because they do not want the Amer- Congress. So this was Bush’s worst they made a mistake, it was they tend- ican people to see what they’re really year for deficit right here. ed to spoil us. They tended to give us doing. So we go from 2009 to 2010 with Presi- everything we wanted, whereas they Mr. AKIN. I don’t think they want dent Obama, and he’s three times the had had to really—the other genera- them to see that graph. Bush level of deficit and this year is tion, they might not have had a college Mr. FRANKS of Arizona. I don’t even higher. education but said, My son is going to think they want them to see that. Fun- Now, one of the ways to measure be a doctor. My son is going to be an damentally, you’re correct. I was these things is this deficit is a percent engineer. I’m going to make sure they touched by the gentleman’s under- of our gross domestic product, all of have enough money to go to college, standing that this is really about—and the stuff that we make in America. which I didn’t have a chance to do. And we always forget that true This is running at about 3.1 percent. that was their mindset. And that’s statesmenship is not just about the This is about 9.9 percent right here. what breaks my heart about such a next election. It’s about the next gen- Now, these numbers have con- boring subject as budgets is because of eration. And I’m always in memory of sequences, and the consequences are the fact that we’re not following— how my parents worked so hard. My your children and your grandchildren. we’re leaving that campsite look like a dad worked in the mines and every- But it also could precipitate a crisis a dump truck full of litter just got thing else he could think of doing, and lot sooner, and we really don’t know dumped on it. We’re leaving litter that he is probably listening to us tonight. what that crisis looks like. our kids can’t pick up, our grand- But I’m just so thankful for a father What happens when you go to the children won’t be able to pick up. And that gave everything of himself to try bank and your ATM doesn’t work? You that’s just wrong. And it is not the to make it possible for me to have a worked all of your life and you have American way. better life than he did, and I wouldn’t savings in the bank and there isn’t any And yet what’s it spring from? Our be here without that. My mother money in there because you can’t get own selfishness politically that we worked in nursing homes. And you any money out because the dollar bill have to appease—which is wrong in the know, they gave everything they had isn’t worth anything. Have we ever ex- first place. It’s theft and we’re going to to us. perienced that before? We’ve seen some steal money from a lot of people that And here we’re doing exactly the op- high inflation that’s not pretty. What aren’t even alive yet and we’re going to posite. Not only are we spending our happens if the banking system just spend it and hand it out to people. And children into an oblivion of debt, not stops working because we pushed this that’s a sad place to be in. only are we teaching the next genera- too far? So we’re doing two things. So we’re tion that they don’t have to be respon- increasing taxes radically, but we’re sible, not only are we seeing govern- b 2150 increasing spending even more. The ment take over most of our major in- What is the civil unrest? What hap- ironic thing is that when you increase dustries now whether the auto indus- pens with our just-in-time food inven- taxes, you also kill the goose that’s try, the health care industry, the in- tories when there is no more food on laying the golden eggs and you start to surance industry, the banking indus- the shelves and when there is no more take in less revenue. try. I don’t know what’s next. We’re gasoline at the gas pumps because we Here’s a list of some of them. This teaching our young kids something have pushed this too far? How far is too cap-and-tax bill that we passed. This that is very, very frightening. far? I don’t know, but I know this: This thing is supposed to be about global And I just think that more than any- isn’t the right direction that we are warming. It’s supposed to be about re- thing, Mr. AKIN, that you pointed out going. ducing CO2. The only thing this thing the real issue here. It is a lack of com- I yield to my friend from Georgia. does is create more taxes and more mitment to the future generations. Mr. BROUN of Georgia. Mr. AKIN, government regulation and probably And this Democrat majority has done you are exactly right. We have seen more CO2 to boot. If they wanted to for spending what Stonehenge did for historically what happens when this stop CO2—if people were honest about rocks. There is no one that can touch sort of thing occurs. All we have to do stopping CO2—let’s assume you’re a them. They can talk about Republican is look off our own Florida shores, at greenie and that your CO2 is really bad deficits. And from my part and yours Cuba, under the Communist dictator- and we’ve all got to stop breathing. and Mr. BROUN’s here, you know we ship of Fidel Castro. I’m old enough to How are you going to do it? You’re just worked here when we were in the ma- remember when Mr. Batista was over- going to double the number of the nu- jority. Our votes reflected a desperate thrown by Castro. I’m old enough to re- clear power plants and you wipe out all commitment to balance this budget. member that Cuba, prior to the Com- the equivalent of all the CO2 burned by But this Democrat majority has com- munist takeover of their country, was every passenger car in America. But pletely left all reason to the wind. a very vibrant community and very

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12492 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 economically sound. There were some the Great Depression. After 8 years of In fact, some economists now are inequities and problems there. I’m not government spending, which is what we saying that we are beginning to go into trying to promote Mr. Batista’s gov- have seen—just incredible levels of a depression. The policies of this ad- ernance down there by any means, but government spending—he makes FDR ministration and the policies of the on the other hand, where are the Cu- look like a piker. He makes George leadership of the House and the Senate, bans today? Bush look like Ebenezer Scrooge. of the Democratic Party, are going to The debt created by Fidel Castro and So here is Henry Morgenthau before do the same thing that they did under by the socialistic mentality, which is the House Committee of Ways and FDR and Henry Morgenthau. They are the same mentality that Fidel Castro Means. He says this: going to create greater debt, and they had, is very pervasive here. It is the We have tried spending money. We are already doing it. They are going to same mentality we have here with our are spending more than we have ever create greater spending. They are leadership, both in the White House as spent before, and it doesn’t work. I say, going to create greater problems for well as here in Congress, today, under after 8 years of the administration, we the future of this Nation. The question Democratic leadership. It leads to eco- have just as much unemployment as is: How are we going to ever recover? nomic ruin. It leads to abject poverty when we started and an enormous debt I’m not sure. for everyone. to boot. Mr. AKIN. I’m not sure about the in- Former Prime Minister of England That is Henry Morgenthau. He is a tent. Margaret Thatcher at one time said contemporary of little Lord Keynes, Yes, your whole idea about little the problem with socialism is, eventu- that not so bright British economist. Lord Keynes and his idea about spend- ally, you run out of other people’s Here is a Democrat who just says, ing one’s way into prosperity strikes money. That’s exactly what happened. Hey, we tried it for 8 years, and it me about like grabbing your boot loops You had a chart up there about the doesn’t work. So what are we doing and trying to fly around the room, you taxes. You had it up there as ‘‘cap-and- now? We are going right back around, know? I don’t know if he was a boot tax.’’ I just want to quote President and we are overspending. We haven’t loop kind of guy, but anyway, he was Obama about a couple of things about learned our lessons. certainly different in his view of eco- that so-called ‘‘cap-and-trade’’ bill that Mr. BROUN of Georgia. Mr. AKIN, if I nomics. we passed here in the House. The Sen- might, if you would yield a minute. My good friend from Arizona. ate has been dealing with that. Mr. AKIN. I do. Mr. FRANKS of Arizona. Well, I just As you said, Mr. AKIN, it is not about Mr. BROUN of Georgia. Just re- want to agree with Congressman the environment. In fact, the Presi- cently, just last week, our President BROUN, you know, when he talked dent, himself, said that he needed that went before the G–20, I guess is what about what brought us out of the De- for revenue, revenue to pay for it’s called now, and he was encouraging pression. The postwar industrial ma- ObamaCare. Now, that’s not a direct them to spend, spend, spend. As you chine in this country was astounding. quote of the President’s, but that’s brought up Lord Keynes’ name, there is One of the things, it seems, that this what he said. He said he needed the something called Keynesian economics, Democrat majority simply does not un- revenue from the environmental tax, which basically says that you get out derstand—and it’s probably because which was really an energy tax, a tax of recessions and depressions by the most of them haven’t been in small on all energy—gasoline, electricity and government’s spending money, but it business or in the real world many everything. He needed the revenue so never has worked, and it never will times; they don’t sign the front of a that he could pay for his medical pro- work. It’s just like socialism never has check, you know, but usually sign the gram, for his socialized medicine that worked and never will work. back of it. The reality is that they for- we forced through here in Congress. It seems as if the arrogance of this get that the monetary system is a re- That’s why I call it ‘‘tax-and-trade,’’ administration and of this leadership flection of the method of the produc- not ‘‘cap-and-tax,’’ but you can call it and as if the ignorance of both are tivity mechanism that we have in this ‘‘tax-and-tax,’’ I guess, or any of those. leading us down the same path that country. Also, the President said very clearly— FDR and Henry Morgenthau went down All economy, ultimately, and in the and I can quote him on this. He said in the Great Depression. World War II most fundamental, substantive anal- that this energy tax would necessarily didn’t get us out of the Depression. It ysis is about productivity. You know, skyrocket the cost of gasoline. It wasn’t World War II that got us out of that means that people have to work would necessarily skyrocket the cost of the Depression. It was cranking up the and create goods and services. When we gasoline. manufacturing sector and the private don’t have people working, when we Mr. AKIN. I think he also promised sector’s actually starting to create new don’t have jobs, then it doesn’t happen. that nobody making less than $250,000 jobs because of the need for increased When you take government money and would be taxed, right? Yet, if you flip manufacturing that got us out of the when you say, well, we’re going to on a light switch, you are going to get Depression. Actually, the Depression spend our way into recovery, it does taxed. didn’t end until after World War II. It two things. How do you square those? was private enterprise and free enter- First of all, it either takes the money Mr. BROUN of Georgia. Everybody is prise and what’s called supply side eco- directly out of taxpayers’ pockets—it going to get taxed. So that was a false- nomics, which most people don’t under- has to come from somewhere, right?— hood. In Georgia, we call that a bald- stand and which, I think, a lot of or they have to borrow it. If they bor- faced lie. The promise that we had that economists don’t understand. row it, then it makes less capital avail- people who made under $250,000 would Yet we certainly know that this ad- able for business and for those groups not be taxed is totally wrong, and he ministration and the leadership of this that actually create jobs. They don’t knew it. In Georgia, the people just say House and the Senate have absolutely seem to understand that, unless the it’s a bald-faced lie, meaning that he no clue about what creates jobs or 300-plus million people of the country knew very well that he was not telling about what creates a strong economy. are working and creating jobs and cre- the truth when he said that. It is less government, less spending, ating goods and services, no matter Mr. AKIN. You know, the funny more manufacturing, more free enter- what our monetary policies are, noth- thing is that we need to learn some- prise. Having the small business sector ing will work, and the economy will thing from history, and the Democrats expand and having consumers with fail. have got something they could learn money in their pockets to be able to go I guess I just want to add, Congress- from. It’s Henry Morgenthau. He was buy goods and services, that is what is man, that the highway of history is lit- the Secretary of the Treasury under going to create jobs. That is what is tered with the wreckage of govern- FDR. They had a recession, and by his going to get us out of this recession ments that thought that they could policies, they managed to turn it into that we are in today. create and maintain productivity in

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12493 markets better than free enterprise that is the uncertainty factor. So if Now we were accused of doing noth- could. It has just been an element of you want to ruin jobs, raise taxes a ing. We didn’t do nothing. We sent a lot history, and I don’t want to see this whole lot, create a lot of uncertainty, of legislation to the Senate where they country join that litany. This adminis- and then spend way beyond your didn’t have 60 Republican votes, and it tration is driving us head on in that di- means. That’s what we’re doing. It’s a was killed by Democrats. Here’s what rection. war on business. happens here. But have we done any- You know, you talked about, histori- There are a couple of different thing about Freddie and Fannie? No. cally, our total GDP in this country— things. We talked about these tax in- It’s still hugely in debt, and we’re just and one of you can correct me if I’m creases that the Democrats did. Here’s basically bailing it out all the time. wrong—is somewhere in the neighbor- something they didn’t do at all. They What’s the result of that going to be? hood of $15 to $17 trillion a year. haven’t fixed the problem with Freddie It’s going to be a lot of trouble. and Fannie. These are two timebombs Here’s one of the pains. This is what b 2200 ready to go off again. They started the hurts, one, is unemployment. Look at Whenever our debt approaches 100 big crisis before when we mismanaged the private-sector employment num- percent of the GDP per year of a coun- Freddie and Fannie. As much as people bers here. Look at the red line. That’s try, historically and empirically that go ‘‘boo’’ and ‘‘hiss’’ at George Bush, in the public-sector employment. Have we has almost always precipitated a major September 11, 2003, he was asking for created jobs? Sure have. We hired a meltdown. I’m not talking about just a authority to regulate Freddie and whole lot of census workers. But the recession or even a depression, I’m Fannie because they were out of con- jobs that pay for the government are talking about a cataclysmic meltdown trol. And the Democrats blocked that going down because these policies that leaves a country having to start legislation in the Senate, and now we make a difference in peoples’ lives. over from the beginning. And I don’t have a meltdown on our hands. So Whenever I think of unemployment— want to see us go in that direction. there’s some things that are taxes, you gentlemen are both gentlemen. Mr. AKIN. Gentleman, you expressed some things that are spending, and Both of you have wives and kids. And I that in good scholarly terms about some things that are no action at all suppose that somehow wired back in your debt being as high as your GDP. that all feed into this problem. So this the back of our minds, certainly in the But just trying to put that as a fam- sounds kind of boring. back of mine, when I have a wife and ily—if you’re a family and you make Mr. BROUN of Georgia. Let me ask kids, I need to take care of them. $100 a week and your credit card bill is you something. I want you to make That’s the fundamental thing that I’m $100 a week, you’re in trouble. That’s this clear, if you don’t mind, Mr. AKIN. supposed to do as a dad. If I fail at what you’re saying. In fact, you’re We hear from our Democratic col- that, then I’m a miserable failure in more than in trouble. And I think leagues over and over again that all my own mind. that’s what you’re talking about this is Bush’s fault. We’re still hearing And I’m picturing a set of policies Mr. FRANKS of Arizona. Well, in this that on this floor. It’s Bush’s fault. that the Democrats proposed to put case, the Democrats are way past that President Bush in 2003 was trying to people into houses they couldn’t afford because that would mean you’re spend- rein in Freddie and Fannie. The Bush to pay for, so they’re going to default ing as much as you’re making. They’re administration said that there was a on their mortgage, and they and their spending more than the government is problem. And I think you’re fixing to kids are going to be sitting on a sofa taking in. That’s deficit. I’m talking show us an article. out on the street as they have been about something a little different. I’m Mr. AKIN. This doesn’t say Rush thrown out of a house. That, to me, is talking about the debt—the total debt Limbaugh here. This says: The New kind of a nightmarish thing. And that’s to GDP ratio. And in this case we’re York Times. This is the New York that unemployment. It looks like a not there yet. I think that we’re some- Times. Not exactly a conservative boring number on a chart, but it’s peo- where at about $1.4 trillion, $1.3 trillion newspaper. September 11, 2003, the ple who are hurting. It’s people who are deficit and about at $13 trillion debt. headline is: The Bush administration living back with their parents. It’s par- And $13 trillion debt would be up some- today recommended the most signifi- ents who are digging into their savings where against around a $15 trillion to cant regulatory overhaul in the hous- to take care of their kids because there $17 trillion GDP annual economy. ing finance industry since the savings are no jobs. So these things may be What’s 13 into 17? We’re not at 100 per- and loan crisis a decade ago. Under the boring, but they sure have a lot of pain cent yet but we’re starting to get plan disclosed at a congressional hear- associated with them and a lot of con- there. Whenever it goes to 100 percent ing today, a new agency would be cre- sequences associated with them. or 105 percent, historically there’s usu- ated within the Treasury Department This was a promise that if we gave ally some type of major meltdown. I to assume supervision of Fannie Mae lots of money to different States that think that’s a reflection not so much of and Freddie Mac. had been mismanaging their budget arbitrary numbers but of sort of human So this is 2003. They saw it coming. with this supposed stimulus bill, I nature. We begin to think, Oh, we’ll Mr. BROUN of Georgia. And who think it was supposedly $787 billion, never be able to pay this off. Let’s just blocked that? but turned out to be $800 billion. And quit. The capital begins to run away Mr. AKIN. This then resulted in Re- we spent all this money. And this is from the markets. People begin to publicans in the House passing a bill. what’s supposed to happen. It’s sup- horde what they have. Just like in the Where’s it go then? We sent it to the posed to reduce unemployment. Here’s Great Depression. It wasn’t that all the Senate. What happened in the Senate? what the unemployment really is. Be- money disappeared. It wasn’t that all You needed 60 votes to pass it. And so cause we didn’t learn from Henry Mor- of a sudden capital vaporized. People what happened? The Democrats killed genthau. You have can’t spend your put it in their pockets because they no this in the Senate, just like they killed way into prosperity by spending Fed- longer trusted their government. They the energy bill in the Senate that was eral money. These things have con- no longer trusted that they could put designed to help us with gas prices; sequences. They hurt people. This isn’t their capital at risk and have any real just like they killed, as you know, gen- just boring numbers on a graph. That’s assurance that they had even a possi- tlemen, the tort reforms in the Senate actually what the actual unemploy- bility of getting it back. And that’s to reduce health care costs; just like, ment is. So there’s a consequence to where this government is failing the as you know, my friend from Arizona, these policies. people. They are destabilizing this they killed the associated health plans The tragedy is there are solutions to economy so badly that capital is afraid that we passed time after time here on this stuff. It isn’t that hard to do. What to even get in the game. the floor to try to allow small busi- we ought to do is just learn from JFK. Mr. AKIN. Yes. And that’s one of the nesses to pool their employees to get a We can learn from Ronald Reagan, but factors that totally destroys jobs—and better price on health insurance. try to be a little charitable. JFK got it

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12494 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 right. There’s a solution to this. We great big socialized medicine bill, nothing quite as vivid as just a plain don’t have to do this. All we’ve got to which is well calculated to destroy the old hole in the ocean that’s spewing do is simply cut spending and cut economy, and then this goofy cap-and- out oil. And you’d say, Well, first let’s taxes. Everybody knows that. tax excuse for global warming. I asked put a team together to fix it. Instead, I’ve used the analogy—were you a my constituents, Which is more impor- we’re going to say, Oh, let’s see how pilot, Congressman FRANKS? tant to you, our dependence on foreign much we can excoriate BP. Well, I Mr. FRANKS of Arizona. I never was. oil or global warming? And it was an don’t feel sorry for them. They’re the Mr. AKIN. Was it you? 80/20 type thing. Let’s get practical. We ones that had—as far as I know, the Mr. BROUN of Georgia. I’m a pilot, need to be doing something about our personnel on the oil rig were either in- yes. energy business in this country is what competent or made some very bad deci- Mr. AKIN. You’re a pilot. I think we they’re telling us. But it isn’t all doom sions. They deserve to lose a lot of used this analogy the other day on the and gloom. There are solutions to these money. They did things wrong. floor, because I remember as a kid the things. My good friend from Arizona. The only thing is, it seems to me biplanes and the early days of flight. Mr. FRANKS of Arizona. Well, I will that the Federal Government has been My science teacher flew glider planes just say, and it just seems obvious to even worse. And the thing that’s so and designed some of the glider planes me—and I will probably take a little amazing is, why don’t we put the team that were used in the D-day invasion. chapter out of your cartoon there—this together to fix the problem instead of He was a guy that hated what he called President has been very confident in a just standing around and looking to as- ‘‘fizzle ed’’ because he wasn’t in great lot of his prognostications. There’s a sign blame on the whole thing? That’s shape and he didn’t like the football hubris and an arrogance there that is what concerns me a lot. What happens jocks. But the ironic thing was he got just overwhelming. But when you look if this economy turns into another big an award to the National Hall of Fame at the facts, whether it’s in our mili- hole in the ocean that really starts to of Glider Pilots, which is an athletic tary challenges, our national security go downhill? What are we going to have type of thing because he could do all challenges, whether it’s dealing with for leadership to fix that problem? I kinds of aerobatic loops with his glider the challenges in the gulf, or whether recognize my good friend from Georgia. planes. And he taught me some basics it’s dealing with the economy, it seems Mr. BROUN of Georgia. Thank you, about flying. And what caught my at- that his arrogance-to-competency ra- Mr. AKIN. Just today, we had Secretary tention was, in the early days of flight tios are catastrophically out of bal- Salazar come to the Natural Resources you get in an airplane and you do one ance. Committee to talk about the BP oil of these deals where you don’t have If you really want to know where the spill and about what is being done. And during my time of questioning the Sec- enough power and you pull the airplane deficit is in this country, it’s between retary, I brought up to him a quote into a stall and the airplane falls over the arrogance of this administration from Bill Clinton, Democratic Presi- backwards and it’ll start to spin. And and the competence of this administra- dent. I don’t very often quote Bill Clin- it was called a graveyard spin, I guess. tion; and I think therein really lies the ton or Democratic Presidents, but Bill When pilots got into those things, they big challenge that we face. I don’t Clinton urged this administration, kept flying the airplanes into the know what’s going to cure that if vot- first, to stop the leak; second, to clean ground, which ruined their whole after- ers don’t wake up. up the oil; and, third, to protect the en- noon. Mr. AKIN. You know, the thing that vironment and those who are being Finally, somebody realized—I guess a strikes me is most people that I know—I am an engineer. Engineers are damaged by this. smart pilot decided to gamble his life. Mr. AKIN. That doesn’t sound too kind of geeks anyway, but we have He said, I think there’s a way out of complicated. this problem. And it’s counterintuitive. such a predictable sort of thought pat- Mr. BROUN of Georgia. Then to try And that is, when you’re in that spin, tern, and that is, now we’ve got this to find out what caused the problem the temptation I guess of pilots is to great big hole that we’ve just drilled in and then fix it. But that’s not what pull the stick back and try to get the the bottom of the ocean. Now, you can we’re doing. Just today we had a hear- nose of the plane up so you don’t fly talk about that it’s a mile deep and ing on the chairman of the Natural Re- into the ground. And that just makes it there’s tremendous pressure. We are sources Committee’s bill, the CLEAR worse. going to talk about this because you Act, to regulate offshore drilling, on- used to have an oil rig, and we need to b 2210 shore drilling, all drilling, all energy talk about oil. production here in this country. And So this guy, when he’s in this grave- But in it’s simplest form, there’s this Secretary Salazar defended his morato- yard spin, he says, I’m going to do it. ocean, and there’s a hole in the bot- rium that’s going to kill over 100,000 And everybody is watching him, Here tom, and it’s leaking oil. And my im- jobs in this country. goes another guy who is going to fly pression is that most Americans I Mr. AKIN. I think it was 140,000 di- his airplane into the ground. And in- know, when you have all this sloppy, rect jobs. These are not the barbers and stead, he kicked the rudder to stop the yucky, sticky oil pouring out of a hole the restaurateurs and stuff. This is just spin, pushed the stick forward until the in the ocean floor, your first reaction the hard jobs that it’s going to kill. airplane stabilized. And then he pulled is to try to figure out, how do you fix Mr. BROUN of Georgia. It’s going to the stick back and pulled it right out it. You know, you want to try to say, kill those jobs. And Secretary Salazar and made it look easy. Okay, let’s get some people together defended his decision. The interesting You know, the solution is JFK, Ron- that know about this stuff, and let’s thing—Mr. AKIN, you’re an engineer— ald Reagan, and George Bush all under- stop the problem, and let’s try to miti- Secretary Salazar pulled together a stood the solution to this problem. It gate the damage that’s done, clean it panel of experts to look at this problem doesn’t have to be doom and gloom. up; but let’s stop it from spilling oil. I and to make recommendations. And in The solution is, stop Federal spending, mean, that’s such a fundamental thing. the report that came out, the Sec- stop the high tax rate; and pretty soon Engineers have this big weakness. retary used this report to promote a 6- we’ll come out of the graveyard spiral. They’re always ready to fix something month moratorium to stop drilling— And we don’t have to do another Great when they haven’t even defined what for all drilling, onshore, offshore, shal- Depression. We’ve done that before. I the problem is, but that’s such a knee- low water, deepwater, all drilling. don’t want to be too doom and gloom jerk reaction. Mr. AKIN. So did this plan, first of about this, but the fact is these num- And yet what we’ve got here is some- all, stop the oil that’s coming out of bers are hurting people. body who is more ready to try to figure the floor of the ocean? This is the President. He says, Now out who to blame than to fix the prob- Mr. BROUN of Georgia. Well, no. give me one more good reason why lem. We’ve seen it before in the econ- They’re just stopping the drilling you’re not hiring, and you’ve got this omy on the other things, but there’s that’s going on.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12495 Mr. AKIN. So they didn’t fix the a pretty good source of oil, to give us the economy, but if all you cared about problem? lower-priced fuel. That just seems a lit- was the pollution that was the problem Mr. BROUN of Georgia. They didn’t tle bit counterintuitive, doesn’t it? It’s here, this moratorium is going to mean fix the problem at all. a little bit like that graveyard spiral. that about a third of the oil that we Mr. AKIN. Did they deal with clean- We keep twisting downward. We need produce out of the gulf—that’s about ing up the mess? somebody to firewall a stick, kick the how much—we produce about 42 per- Mr. BROUN of Georgia. They didn’t rudders right, and then pull us out. cent or somewhere in that neighbor- deal with anything. They didn’t deal My good friend, Congressman FRANKS hood of our own oil in this country, with any of the things that Bill Clinton from Arizona, was it 15 or 16 or 17 you maybe around 40 percent, and about a suggested that they do. And the inter- owned your first oil rig? We need a lit- third of that comes from the gulf. And esting thing is that the Secretary said tle bit of help on this. if we don’t produce that, that means that this panel was suggesting that we Mr. FRANKS of Arizona. Actually, we’ve got to bring in more tankers. have this moratorium. The panel came my younger brother and I started out We’ve got to buy more oil from over- back and said, No, no, no, no, no, we with a little, small drilling rig when I seas. didn’t say that. In fact, we don’t want was 17 and he was 15. It was a great ex- And what this administration over- you to stop the drilling. We think you perience, and I will never forget it. But looks, very characteristically, is that ought to continue it. the offshore situation, of course, is a they forgot that 7 of 10 of the last Mr. AKIN. Now wait a minute. Let’s much bigger challenge. major spills in this country, 7 out of 10, get this straight. This is a little con- b 2220 were from tankers. And so what we’re fusing. A panel of, more or less, experts going to do is bring more tankers over is put together. They’re asked to come But I guess my conviction is that and increase the empirical chances of up with a recommendation. They come this administration, when this tragedy us having greater spills. And, ulti- up with a recommendation, and the ad- took place, they were so busy trying to mately, the money that we pay for ministration says, Well, we’re going to fix blame rather than fixing the prob- that, a lot of it comes from Middle put a moratorium on drilling because lem. Eastern oil. A lot of that money finds that’s what was recommended. And the Now, the ironic part about it is its way into terrorist coffers, and they panel says—— they’d like to try to pretend that may bring something over to this coun- Mr. BROUN of Georgia. No, we didn’t. there’s some debate on who’s to blame, try that will really be a cataclysm. Mr. AKIN. No, we didn’t. We didn’t and there isn’t. All of us in this Cham- And this administration seems blind to recommend that. I guess the panel ber, all of us in this Congress recognize all of that, and I just find it aston- came up with the wrong answer. that BP is to blame for this tragedy. ishing the lack of priority. Mr. BROUN of Georgia. Well, I think BP has said they are to blame for this Mr. AKIN. Gentleman, you have il- it goes back to something that the tragedy. lustrated the very point that I was try- President’s chief of staff said when he And what President Obama should ing to make. You instinctively think in said that a crisis is too good to waste. have done when this occurred, he terms of fixing the problem, not fixing I suggested to the Secretary today that should have immediately met with the blame. this is a crisis that they shouldn’t ig- only industry in the world that could And you’re a member of the Armed nore because it appears to me—and deal with the problem of this nature. Services Committee, along with my- how it appears to a lot of American You can’t call in the Air Force to lob self, and I don’t know if you were people—that this administration is try- heavy bombs at it. You’ve got to go to aware of it, but the military has basi- ing to push through its tax-and-trade the industry that knows how to deal cally a whole plan of what they call a policy. with these things. He should have fusion unit, and it’s a management Mr. AKIN. I call it cap-and-tax, tax- called all the experts to say: Here’s the structure where, when you get into and-trade. deal. First of all, we’re going to hold something like this, the President has Mr. BROUN of Georgia. Yes. Well, you accountable. It’s going to happen. complete authority to do this. He could it’s an energy tax that’s going to tax We know you’re at fault. You’re going pull on every resource of the United everybody in all sectors of the society. to be accountable. But right now, our States. He puts together the smart peo- It’s going to hurt poor people, people job is to plug this blowout, and we’re ple, puts somebody in charge of it, and on limited income because more of going to do whatever it takes to do they take a look and say, Here’s how their money is expended on things that that. We’re going to work with every- we’re going to solve the problem. One, are critical for life. one. We’re going to work together, and we’re going to try this. If this doesn’t Mr. AKIN. Let’s get this straight. So we’re going to make it happen, and work, here’s plan two and here’s plan what we’re going to do is, we’ve got a we’re going to make sure that you’re three. We need these resources. hole in the ocean that’s pouring out doing the best you can. We’re going to Foreign countries offered to help us. this really sticky, yucky oil. I mean, allow help from all over the world to You put this thing together. You have we’re counting on BP to clog that up. help us. We’re going to try to make somebody else that’s taking care of We don’t really have that good of a so- sure that we protect our shoreline. In State laws, environmental laws, mak- lution on the cleanup thing because the the meantime, we’re going to draw off ing decisions. Governor is saying, we want to build as much oil as we can. When Governor Jindal says, Hey, we some sand berms to stop the oil from But instead, instead, this President want to put a sandbar in front of our washing into our wetlands. And the is out looking over the horizon to and wetlands to stop the oil before it gets government says you can’t do it, and fro to find somebody’s rear end to kick. in, you take a look at that and you get then they say you can. And when they That is his answer to the problem. back to him within 24 hours or 12 hours start to do it, they say you can’t. So And I just find it amazing, because and decide whether it’s a good plan or we’re not really taking care of the the moratorium that they talk about, not, and you have the right people, the mitigation piece of it. not only does that not plug the hole. best people available in place to ana- Instead, our solution is, Hey, let’s tax You know, it’s kind of like bringing a lyze that, make a decision and move everybody. That seems a little counter- person into the emergency room and forward. intuitive. So we’re going to tax them he’s bleeding to death, and he again is And instead, he waits a month to get twice. One, we’re going to tax them out trying to find somebody’s rear to a response from the Federal Govern- when the government taxes them on kick instead of trying to fix the pa- ment, builds the sand dam, and then energy; and, two, they are going to get tient. they tell him to tear it down. hammered because the cost of energy is And this moratorium, not only does Mr. FRANKS of Arizona. Congress- going to go up because we don’t have it not fix the leak, not only is it some- man, he waited 2 months before he met the whole oil basin of the gulf, which is thing that will destroy jobs and hurt with BP. Two months.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12496 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Mr. AKIN. You’re saying the Presi- S. Con. Res. 67. Concurrent resolution cele- Now, in 2008, in the Republican ad- dent waited two months before he goes brating 130 years of United States-Romanian ministration, two T–38 jets crashed to meet with BP. diplomatic relations, congratulating the Ro- within 2 weeks. The United States Air Mr. FRANKS of Arizona. And he manian people on their achievements as a Force put every one of those T–38s on great nation, and reaffirming the deep bonds should have been there at least within of trust and values between the United the ramp and said, You’re not flying two days. States and Romania, a trusted and most val- those airplanes until we know why Mr. AKIN. Well, that’s convenient, ued ally. they crashed. That’s called a stand- because then anything that doesn’t The message also announced that down. It’s called a moratorium. So we work you can continue to blame BP. pursuant to Public Law 105–292, as have a moratorium. The problem is, there’s all this oil all amended by Public Law 106–55, and as BP’s to blame for this. And I must over the place, that little detail. further amended by Public Law 107–228, tell you, I am just absolutely as- You know, I agree with you entirely. the Chair, on behalf of the President tounded by what the Republican Cau- BP was wrong. What I’m not clear on, pro tempore, upon the recommendation cus put together that was actually an- was it more of equipment or was it of the Majority Leader, reappoints the nounced by our colleague from Hous- more human. I suspect from what I’ve following individual to the United ton, Texas, the ranking member of the heard, it seemed like it was more oper- States Commission on International House committee, when he apologized ator error than it was technology. Religious Freedom: to British Petroleum because the But, be that as it may, it seems to Dr. Don H. Argue of Washington. President demanded that British Pe- me that the only thing that eclipsed f troleum put together a $20 billion trust the foolishness and the incompetence fund to pay for the damage. of BP is the Federal Government re- TOPICS OF THE DAY b 2230 sponse that’s even worse. The SPEAKER pro tempore (Mr. Mr. FRANKS of Arizona. Well, it CRITZ). Under the Speaker’s announced The Republican policy is to apologize really is. And regardless of whose fault policy of January 6, 2009, the gen- to BP for the President forcing BP to it was on the ground, regardless of tleman from California (Mr. do what was right, that is pay for the whether it was a mistake made by the GARAMENDI) is recognized for 60 min- damages. That’s just but one issue. I operator or by the driller or by one of utes as the designee of the majority wasn’t going to talk about this in great those contractors there, the bottom leader. length, but I am just coming off listen- line is that BP’s the operator, so Mr. GARAMENDI. Mr. Speaker, ing to my Republican colleagues here. they’re ultimately responsible. Again, thank you so very much for this oppor- We have to deal with the facts as they everybody knows that. But this admin- tunity. really exist. istration was focused on blame and po- I’ve been here for the better part of Joining me tonight is Congressman litical expediency rather than fixing this last hour and I’ve heard some as- ELLISON from one of the great northern the problem. tounding, astounding accusations and States in the Midwest. And I think he Mr. AKIN. Well, thank you gentle- things that are purported to be fact. wants to pick up this issue and maybe men. I appreciate your joining me. And I’m just going, What in the world carry it a little longer. Thank you, Mr. Speaker, for allowing is happening here? Mr. ELLISON. If the gentleman will us to talk about budgets, but also To think that the President of the yield, I do just want to take up this about the situation in the gulf. United States is to blame for the blow- issue of the spill. It is an important God bless you. Thank you. Good out is the most extraordinary leap of issue. And you just mentioned the very night. logic you could possibly imagine. For frank and I believe honest comments of f the last 15 minutes, we’ve heard about Representative BARTON, the ranking the President didn’t do this, the Presi- member of the Energy and Commerce FURTHER MESSAGE FROM THE dent didn’t do that, the experts were Committee, in which he apologized to SENATE not assembled. BP. A further message from the Senate That’s just not true. If you knew Some people might be thinking, you by Ms. Curtis, one of its clerks, an- what was going on, instead of just flap- know, well, he apologized for his apol- nounced that the Senate has passed ping your lips, you would know that, in ogy, so, you know, why don’t we just and agreed to without amendment bills fact, shortly, very shortly, within days drop it. But it doesn’t start with Mr. and a concurrent resolution of the and hours after this blowout occurred, BARTON, it doesn’t end with Mr. BAR- House of the following titles: the best minds in America were assem- TON. It actually started with the Re- H.R. 5569. An act to extend the National bled in Houston and in Louisiana to publican Study Committee, which cre- Flood Insurance Program until September deal with this. ates policy, agenda, and talking points 30, 2010. The fact of the matter is there is a for the Republican leadership. And H.R. 5611. An act to amend the Internal very, very good reason for the morato- that’s headed by a gentleman who is a Revenue Code of 1986 to extend the funding rium and, in fact, my colleagues on the Member of this body named Congress- and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United Republican side here said the reason. man PRICE, TOM PRICE. He is the one, States Code, to extend authorizations for the They didn’t know why this occurred. with the help of the committee itself, airport improvement program, and for other Was it human error? Was it a fact? Was not just by himself, who released a purposes. it a problem on the rig? Was it a prob- statement calling the compensation H.R. 5623. An act to amend the Internal lem down at the bottom? They don’t fund that you referred to to help com- Revenue Code of 1986 to extend the home- know. And, in fact, we don’t know pensate small business people put out buyer tax credit for the purchase of a prin- today, and that’s why we have a mora- of business by this spill, and people cipal residence before October 1, 2010, in the torium. We have a moratorium because who live on the gulf, people who suf- case of a written binding contract entered into with respect to such principal residence we don’t know why this blowout oc- fered, a shakedown. So this term polit- before May 1, 2010, and for other purposes. curred. We have pretty good evidence ical shakedown emerges from the very H. Con. Res. 293. Concurrent resolution that the blowout preventer didn’t leadership of the Republican caucus. providing for a conditional adjournment of work. We have pretty good evidence They say that President Obama is the House of Representatives and a condi- that the efforts of the various methods, shaking down the British Petroleum, tional recess or adjournment of the Senate. the standard methods of dealing with BP. And from that point, PRICE makes The message also announced that the the blowout didn’t work. We don’t the statement, this is before BARTON Senate has agreed to a concurrent reso- know exactly why this well failed. And ever does, but PRICE says, ‘‘BP’s re- lution of the following title in which until we do know, we ought not be ported willingness to go along with the the concurrence of the House is re- drilling in deep water because we cer- White House’s new fund suggests that quested: tainly cannot afford another blowout. the Obama administration is hard at

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12497 work exerting its brand of Chicago- tial gut reaction, which is I think their Mr. GARAMENDI. Quite possibly style shakedown politics. These actions most sincere reaction, is to say that they are so well heeled and have such are emblematic of a politicization of it’s a shakedown, it’s to say we’re not big profits because they cut so many our economy that has been borne out going to be chumps, it’s to say that BP corners that resulted in the death of I of this administration’s drive for great- shouldn’t have to pay unemployment. think 13 people at their oil refinery in er and greater power. It is the same I mean it didn’t stop there. Let me Texas, and another 11 at their rig in mentality that believes an economic add one more before I hand it back to the gulf, the Deep Horizon situation, crisis or an environmental disaster is you. Our good friend STEVE KING, Con- and who knows how many else around the best opportunity to pursue a failed gressman KING from Iowa: ‘‘I think JOE the world. This is the company with liberal agenda.’’ So this is where the BARTON was spot on when he called it a the worst safety record because they whole shakedown conversation comes. shakedown.’’ So then, no repentance, cut corners. It gives them a fat profit. Then after that, Mr. BARTON, fol- no remorse. Let me yield to the gen- Now it’s time for them to pay. lowing the party line, doing what the tleman. Mr. ELLISON. If the gentleman Republican Study Committee has said Mr. GARAMENDI. The thing here, if would yield; if you observed the safety to do, says, quote, ‘‘I’m ashamed of you would yield for a moment, is where rules and regulations that are designed what happened in the White House yes- do you stand? With whom do you to save lives and save our natural envi- terday. I think it’s a tragedy of the stand? What side are you on? We just ronment, it may take you a little more first proportion that a private corpora- heard an extraordinary rendition of time, and yeah, it may cost you a little tion can be subjected to what I would falsehoods, in my view, from the Re- money. Maybe you won’t have that characterize as a shakedown, in this publican side here that somehow this enormous, exorbitant profit, but you case a $20 billion shakedown.’’ Now, it blowout, this BP accident was the fault will make good money, and people will goes on, but in this statement of apol- of the Federal Government. Hello. be alive so that they can go home at ogy from BARTON I never heard—and Well, the regulations that they were so the end of the day, and we will be able maybe I will leave it to the gen- excoriating are absolutely necessary to to have a Gulf of Mexico that bears tleman—any sort of apology or sym- prevent this kind of thing from hap- some resemblance to the way the good pathy for the people who live on the pening. Lord intended it to be. gulf, who make a living there, who In fact, the regulations that were re- b 2240 send their kids to school there, and laxed during the George W. Bush ad- who now see their economic life ruined. ministration allowed this company to Right behind you are graphic photo- Mr. GARAMENDI. If I recall cor- proceed with minimum safety require- graphs. I mean, look at that bird right rectly, it’s not only the extraordinary ments. And we heard this talk about down at the bottom. economic damage, 11 people were killed the governor of Louisiana, and a State I yield back to the gentleman. in this blowout. Eleven men who were that is heavily impacted and tragically Mr. GARAMENDI. This mantra that working on that, who had families, who impacted by this oil. What is their re- started from the Republican Party, I were trying to earn a living were killed sponse plan? Pointing fingers at the think it was the Presidential can- as a result of it. Federal Government, which the gov- didate, if I recall correctly. It was Now, for BP, it wasn’t their only ac- ernor is doing. And at the same time, called ‘‘drill baby drill.’’ And what we cident. They have the worst safety what is the response plan for Lou- found out was that this drill baby drill record in the oil industry. So you are isiana? It’s virtually nonexistent. results in ‘‘spill baby spill.’’ It is a ter- quite right, Congressman ELLISON, that The State of California, where I come rible situation. It’s not new, though; the issue of where the Republican from, we have a heavy duty response and it’s not unusual. Party stands on this, it’s not just one program that goes back 20 years. We In the last 17, 18 years in the Gulf of member speaking out of turn. It was in make the oil industry pay for it. Does Mexico in these shallow water, deep- fact the ranking member of the com- Louisiana have such a program? No, water drilling operations, there have mittee speaking on the talking points they don’t. But they are willing to been 38 blowouts. None as catastrophic developed by the Republican Study point a finger. Let’s take a look. What as this. But this is not a new situation. Committee, which is the policy devel- is this? In the Indian Ocean, west of Australia opment committee for the Republican Mr. ELLISON. Well, if the gentleman last year, there was a blowout of simi- caucus in this House. would yield back, they do have a plan. lar size by one of the international Mr. ELLISON. If the gentleman Mr. GARAMENDI. Really? What is drilling oil companies. And it took would yield back. it? them even longer—I think it was over Mr. GARAMENDI. Please. Mr. ELLISON. Their plan is the tax- 120 days, maybe a little longer than Mr. ELLISON. It didn’t stop after payers can pay for it. that—to drill a relief well to finally Mr. BARTON made his apology, which Mr. GARAMENDI. Ah, the taxpayers stop that blowout. seemed sincere. After that, MICHELLE who they were so concerned about a There was another major blowout on BACHMANN, our colleague, says to the moment ago. They don’t want BP to the Mexican side of the Gulf of Mexico BP president about the $20 billion es- pay; they want the American taxpayers several years back that resulted in a crow fund, she says, ‘‘If I was the head to pay. huge oil spill for a long time, and there of BP, I would let the signal get out Mr. ELLISON. Right. The GOP-BP was yet another off the coast of Brazil. there, ‘We’re not going to be chumps, bailout is that the American taxpayers This is not new. But what is new is and we’re not going to be fleeced.’ And should pay for the expenses associated the extraordinary damage that’s taken they shouldn’t be. They shouldn’t have with BP’s failure to observe its own place and the irresponsibility of BP in to be fleeced and made chumps to have regulations and the catastrophic con- this particular case where they cut cor- to pay for the perpetual unemployment sequences that it caused. So that their ners, where they did the least that they and all the rest.’’ plan is the taxpayers can pay because thought they needed, instead of max- So I mean if you just contemplate heaven forbid we ask a privately held imum, to be prepared; they did exactly that statement for a moment, here our corporation to pay for its own dam- the opposite. And now we’re faced with friends on the other side of the aisle ages. this catastrophic event. just got through talking about how it’s Mr. GARAMENDI. Is this the cor- Our colleagues across the aisle were BP’s fault. That’s what they say now. poration called BP that had a $58 bil- talking about nothing happening. In Right after the fund was developed by lion profit last year? fact, numerous efforts have been made, the President to make sure that vic- Mr. ELLISON. If the gentleman unsuccessful to date. The capping, the tims of this, both economic and phys- would yield, yeah, BP is well heeled effort to activate the blowout pre- ical and others, had a basis of com- and doing fine based on the profits they venter, on and on and on. And hope- pensation, the Republican caucus’s ini- have made. So I would yield back. fully in the next couple of weeks we

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12498 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 will have one of the relief wells inter- we got some numbers up here for fossil We have voted here three times, I be- secting the existing well that blew out, fuels between 2002 and 2008. This is the lieve, on what are called programs for and we can bring this thing to a stop. oil and a little bit of the coal: $72.5 bil- energy conservation. One of them was However, we need to recognize that lion of direct subsidies, our tax money, called cash for caulkers. We had the as long as we drill, we will run the being taken out of our pocket and cash for clunkers, which really helped risks. And as we run those risks, we given to the oil industry—$72.5 billion the auto industry. And we decided, also commit even a greater problem for in just 6 years. well, let’s try something, cash for this planet, and this is as long as we So where does it go? Let’s see here. caulkers, which is exactly what you can drill, we will be dependent upon Traditional fossil fuels. Oil and coal. talked about. It’s about bringing about oil, whether it is domestically pro- There you have it. energy conservation. And in doing duced or foreign produced. Now, on the other side, renewable en- that, two good things happened: we’re This oil is not only contaminating ergy. Well, we have the corn ethanol employing people. Taking our tax dol- the ocean and the beaches and the industry, and they have received about lars. Get this back up here. We don’t marshes; it’s also contaminating our $16.8 billion. And then the traditional have conservation on here, but if we atmosphere, and that carbon doesn’t renewables, these would be solar and were to add conservation, taking our disappear. And it also leads us to more wind and the like, about $12.2 billion. tax dollars instead of giving them to dependence upon oil. It’s time for us to So taken together $29 billion for renew- the coal and the oil companies, give it break that addiction to oil. ables in the same 6-year period that to men and women in the communities Yes, use this catastrophic event to the oil industry received $72.5 billion. that are doing the insulation, doing the call our attention, to focus our minds Now the question of public policy is window caulking. on what we must do to break America’s this: What if we flipped this over? What b 2250 addiction to oil. This is not a new ef- if we flipped this around and we took fort. We have been at this since the the $72.5 billion and spent it on renew- As that is done, homeowners and 1970s with the first oil crisis. We have ables and we can continue a little bit of renters see their energy bills drop. yet to break it. In fact, we’ve contin- the subsidy if they really need it, What happened on this floor when ued the addiction. We must move away which they really don’t—not if you those bills came up? What is your from this, and our energy policy must have $58 billion of profits. Doesn’t seem memory of how the votes turned out? move us in a different direction. to me they need much help. But, okay. Mr. ELLISON. Well, I don’t remem- I know you’ve spent a lot of time We’ll just flip it over, and they’ll take ber any ringing endorsement from the working on these issues, and let me put $29 billion, and we give the renewable party opposite. up another one. As horrible as this spill industry the $72 billion. What would Mr. GARAMENDI. My recollection is is, we need to understand what the oil happen? that the Democratic side said, Let’s industry is all about. The oil industry Mr. ELLISON. We would be a lot give people jobs. Let’s use the public’s has been operating in America for healthier. We wouldn’t be burning hy- tax money to employ people to do en- about 140 years, maybe a hundred. drocarbons and spewing them into the ergy conservation. The Republicans, to Since the turn of the last century, 1900, air. Our planet would be healthier. We a person, voted ‘‘no.’’ it really got under way. And for a cen- would see ourselves, our technology, Whose side do you stand on? Are you tury now, the oil industry—well, let me and our creativity would blossom as we going to take those tax dollars and just ask a question because this is subsidize these renewable sources of continue to give them to the oil indus- what this asks. Which of these indus- energy. It would be a good thing. try and to the coal industry or are you tries receives the most Federal sub- Mr. GARAMENDI. It would be a very, going to take those tax dollars and put sidies? Read tax dollars. Subsidies are very good thing. And most economists people to work, achieve the energy con- tax dollars. You want to talk about who look at the international markets servation and allow homeowners and taxes, my Republican friends? Where and the next great industries don’t renters to see their energy bills go do your tax dollars go? Well, let’s find look to the 19th century energy indus- down? out. try, coal and oil, as being the growth The Republican Party made a very It looks like solar panels, right? industries and where the jobs will be clear decision on who they stand with. Okay. Do they get more? Do they get created. Those economists and futur- They do not stand with the home- the most subsidies? How about wind- ists who look at these things tell us owner. They do not stand with those mills? Well, let’s call them wind tur- that the great energy industries of the who could get the jobs. Instead, they bines, the modern word for them, wind future are the energy industries of this voted ‘‘no’’ on those three conservation turbines. This is an interesting one. It century, the renewables of all kinds. programs that would put people to has been around for years. This is using All that we had up here and even more work. the ocean, the waves and the ocean or than I had on that little chart. That is Mr. ELLISON. Well, they stand with the current in the ocean or even in the where the jobs will come there. BP against the residents of the gulf rivers. And this is an interesting one. And our policy ought to be to encour- and the businesspeople there. They This is really a brand-new one. And age those industries and those things, stand with the oil and gas companies, these are algae, algae-producing biodie- the wind turbines, the solar, even the with their subsidies, as opposed to sels. Or the oil industry. nuclear systems and the rest, that they standing with the people who want a Now, my question to you, Mr. ELLI- be built in America. clean, green future. They consistently SON, is which of these receive the Mr. ELLISON. Let’s not forget about stand against progress. I mean the greatest subsidy, read tax dollars, from the efficiency. The fact is there are a thing that I find so astounding is that the public? lot of jobs to be had by retrofitting they will come down to the House floor Mr. ELLISON. Do we need a drum buildings and conserving the energy and continue to repeat these things. roll first, Congressman GARAMENDI? I that we already have. A lot of jobs, a Quite frankly, I am quite proud of think we know. I’m just going to take lot of putting a lot of people back to President Obama for demanding that a wild guess. The oil industry. work in making homes and buildings BP start an escrow fund so that we can Mr. GARAMENDI. You are a brilliant energy efficient. And you put that to- have some relief for the people suf- legislator and a fine arbiter of the gether with renewable energy, that is fering such horrendous hardships on question. It turns out you’re right. It is an employment driver. That is an eco- the gulf coast. I think it was an act of the oil industry. nomic driver. That is an environment responsibility. It was what he should And let’s take a look at this. driver. have done. The administration was re- Our tax dollars: Where do they go? Mr. GARAMENDI. Let’s bring this sponsive to this spill, and the adminis- Let’s see here. This side is the oil in- issue that you just raised right back to tration did get engaged right away. dustry, and this is from 2002 to 2008. So this Chamber in the present moment. The Congress is holding hearings right

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12499 now to get to the bottom of what hap- The fifth reason is the crash of the it was stated income. You could just pened, to prevent it and to put policies American economy. write down whatever you said your in- in place to do something about it. Yet, Those all happened during the George come was, and there was no verifica- all along the way, what we are getting W. Bush administration, and they tion of that income. Then, after you are apologies to BP and, really, no help didn’t stop the day Obama came into got into these loans, they had terms at all. office. We are now changing those poli- and conditions, like prepayment pen- We are not discouraged, though. Con- cies. For example, the health care re- alties, so that, if you wanted to get out gressman GARAMENDI, you know very form, which not one Republican in this of this loan and get a fairer loan, you well that we are stout of heart. Every House voted for—not one—will, over its really couldn’t do it unless you paid time we get a chance to do something lifetime, actually reduce the deficit be- somebody off down the line. for this economy, for consumers, for cause it reins in the cost of medical So people got into these loans. They the environment, the Democratic Cau- care. In my view, it’s not enough, but were being sold. The people who made cus is counted on to do it. nonetheless, it does that. those loans really didn’t need to make Mr. GARAMENDI. You are quite cor- Secondly, the other policies have sure they were well underwritten. It rect. been allowed to continue. Now, the tax didn’t matter if any of these folks I am going to go through a list of policies of the Bush administration could pay the money back, because specific things to help the economy, will expire. That will help. As for the they would simply sell that paper on but before I go to that, I think we prescription drug benefit, we are work- the secondary market. ought to set the stage here. There was ing on that. That was part of the Now, what was the effect in the a lot of talk in the previous hour about health reform also. The wars continue. neighborhood? The effect in the neigh- deficits and where the deficits came Fortunately, the Iraq war is winding borhood was, once the housing values from. down while the Afghan war escalates. began to flatten and decline, people Mr. ELLISON. Oh, brother. So we have to understand how we got couldn’t pay them. Once they couldn’t Mr. GARAMENDI. Oh, brother. to this place we are today. refinance because they had negative Where did the deficits come from? How we got there were through the equity in their homes, they couldn’t Well, first of all, let’s understand basic policies of the Clinton adminis- make the payments, and they ended up that public policy doesn’t change the tration. It left a surplus, a continuing getting foreclosed upon. It happened in moment a President comes into office. surplus, for the George W. Bush admin- neighborhoods all across this country. There is the continuity of the previous istration. Had they not changed the California, your State, was hit hard as years’ policies that stay in effect for a policies, it is estimated that, by the well as Florida and Arizona. Yet, even while until those are changed. Even middle of this decade, we would have in my State of Minnesota, we were hit then, it isn’t an immediate night to wiped out the American debt—period, very hard. People started being fore- day. It takes a while for the policies to gone, history—but, no, they changed closed on, and short sales began to hap- go into effect. So the charts that were the policies, and now we are saddled pen. Property values began to decline, shown earlier are just plain disingen- with this debt. and neighborhoods began to go in the uous, if not outright false. wrong direction. The George W. Bush administration The crash. The crash of this economy came into office with a significant sur- was caused by reckless action on the b 2300 plus that was created in the last 3 part of Wall Street, by reckless, irre- And so there was a lot of difficulty years of the Clinton administration. I sponsible action on the part of Wall right there on the front line. The front think it was about a $500 million an- Street, basically driven by the grossest line was foreclosure of homes, aban- nual surplus that was projected to go greed you could possibly imagine. doned properties, high grass, dead dogs. on into the future. The George W. Bush There were all kinds of inducements to Expenses to the local government. Be- administration, together with the Re- homeowners to engage in mortgages cause if you have a house where people publican-controlled Congress and Sen- they could in no way possibly pay. are paying property taxes, that’s com- ate, did four things that created the I know that you are faced with this ing into this local government. But if deficit that we have today, which the in your community. There was action you have an abandoned property, that’s Republicans want to pin back onto taken on this floor not more than 5 an expense to the local government. Obama and the Democrats. Here are hours ago—and we will be coming to More pressure on local government the four things they did: that in just a moment—but share with budgets, intense difficulty, tough times First of all, they instituted one of us the experiences in your community on Main Street. the largest tax cuts ever in American about mortgages, about all of the prob- I yield back to the gentleman. history for the wealthiest 10 percent of lems of the housing industry, about the Mr. GARAMENDI. The gentleman is Americans, not for the everyday work- crash, and about what has happened in absolutely right. I know I see this in ers—not for the people who are out your community. my own district, and in fact in my own earning salaries day by day or who are Mr. ELLISON. If the gentleman will neighborhood and in the families of my earning hourly wages—but for the yield, that is so right. When you look staff. We have on my staff families who wealthiest. That is fact one. at this whole financial crash, it is a have lost their home; who have had to Fact two, the prescription drug ben- chain of events, and it starts out in the do the short sale; who got into these efit for seniors was not paid for, and neighborhood. mortgages that they couldn’t possibly they specifically put in a provision There is something that we need to pay. They had these readjustments. All that prevents the Federal Government talk about, something called a ‘‘yield of those things. Now what was causing from negotiating prices with the phar- spread premium.’’ What that is is the that? It was Wall Street. Wall Street maceutical companies. amount of money that somebody sell- was making it happen by creating Fact three, two wars were started ing a loan can get if somebody steers these collateralized debt obligations, and paid for with borrowed money—a you from a loan you may qualify for to by the fancy financial manipulations. most unusual event. That is fact three. a high-cost loan. So there are a lot of And why were they doing this? So they Borrowing money, reducing taxes, people who might have qualified for could make a big profit. And they did. starting two wars. Right now, those prime loans but who were literally Now, today, on this floor today we wars have cost us well over $1 trillion, steered. took up the Wall Street Reform Act nearly $1.1 trillion. Then you had another development, and Consumer Protection Act. And it’s Fact four, the continuing escalation something called a NINJA loan—no very, very interesting how the Repub- of health care costs, okay? job, no assets. Yet you could get money lican leader characterized the effort Those are the four reasons we have to buy a house. Then there is some- that the Democratic Members of this the deficit today. Let me give you a thing called a ‘‘liar loan’’—now, that is House and the Senate have made to ad- fifth reason. a curious thing to call a loan—because dress the excesses of Wall Street. This

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12500 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 is the most substantial reform and ad- sumer Protection Act. In that very im- Mr. GARAMENDI. I played football justment of the horrendous Wall Street portant piece of legislation there are for the University of California in a by- practices that took this country to the several sections that deal directly with gone era, and of course we would never very edge of an extraordinary Depres- the housing market, outlawing—out- engage in such a thing if the referees sion. And yet our Republican col- lawing, making illegal the kind of liar weren’t there. But that’s the analogy league—let me just get this chart be- loans, the kinds of revamp and mort- of exactly what happened in Wall cause it is so interesting. gages that were the genesis of the prob- Street. The regulators were absent dur- Mr. ELLISON. If the gentleman will lems. Also, in the housing market, ing the Bush administration. They sim- yield while you’re getting the chart. holding brokers responsible. Holding ply left the playing field. The referees You know, Mr. Speaker, Congressman, them accountable. Holding the banking left the playing field. They put the rule you would have thought that America industry accountable for what it does books aside and it was Katie bar the didn’t lose 2.8 million homes to fore- and setting up a consumer protection door, because anything was allowed. closure last year, listening to the Re- agency. This bill that we voted on today puts publicans. You have would have Now, this is something I understand. tough new regulations in place, regu- thought that Lehman Brothers and I was the insurance commissioner in lates this market, and puts in place the Bear Stearns and Freddie and Fannie the State of California, elected state- referees, strengthens the Securities Ex- and all these huge Wall Street titans wide twice—1991 to 1995, and again 2003 change Commission. didn’t go down the tubes and cause a to 2007—and I built a consumer protec- Mr. ELLISON, please. depressed market and hurt the econ- tion agency. It’s absolutely essential. Mr. ELLISON. I was just going to omy. You would have thought that we The capitalistic market is driven by say, as an old football player yourself, didn’t have 10 percent unemployment. profit motives. Now, wise companies didn’t good refereeing make for a more You would have thought that there was understand they’ve got to take care of competitive game? Didn’t that allow nothing but responsible behavior, and consumers. But the profit motive drove competition to really flourish? You all of a sudden the Democratic Caucus this Nation and this world right to the could find out who the better team was is just trying to take over the banking edge. You need a countervailing power. if you had a well-regulated football system. We were really in a magical And the consumer protection agency in game. Is that right? world here on the House floor. But, this bill would do it by setting out a se- Mr. GARAMENDI. Absolutely true. thank goodness the House Democrats, ries of regulations to protect con- Similarly, we have a well-regulated fi- led by BARNEY FRANK and many others, sumers and allow consumers to speak nancial market, which we will when were putting the things in place to pre- out, to get assistance, and to get help. this bill is finally is signed, then we serve our economy. It didn’t exist—only in the insurance will. The point that I want to make is Mr. GARAMENDI. You said some- marketplace—which was regulated pre- this, and that’s why I brought this thing that caused me to pull up a chart viously by the individual States. But thing up: Where do you stand? Where that I wasn’t going to use. The finan- not in the financial and banking mar- do the Democrats stand? We clearly cial meltdown nearly bankrupted the kets. voted today for a major overhaul of the world. Not just America, but the entire Now when the Senate acts, which banking industry, the financial indus- world’s economy came very, very close hopefully they will do in the next cou- try, and the mortgage markets, to put to a total meltdown. What it meant to ple of days, we will have a bill going to in place strict rules and regulations. mom and pop back home, what it the President that will be the most im- That’s where we stand—to protect con- meant to their 401(k)s that instantly portant reform of the financial mar- sumers with the consumer protection became 201(k)s was this: $15 trillion of kets in more than 80 years now. It has bill. wealth destroyed in the last 18 months to be done. Otherwise, we’re going to Where do the Republicans stand? of the Bush administration. Say what- slip right back to where we were. This Well, why don’t we just quote the Re- ever they want on that side but the is not big government. This is wise publican minority leader, whose name I fact is that’s what happened. What’s government. This is the kind of govern- won’t mention, but let’s just say he happened since then is we put into ef- ment that we need to set the bound- represents the Republicans in this fect the American Recovery and Rein- aries. House. He is their leader. vestment Act, and we’re beginning to Think of it this way, Mr. ELLISON. b 2310 see the stock market come back, we’re NFL football. Now you play that in beginning to see the wealth return. The Minnesota, don’t you? What’s that So in an interview with a newspaper fundamental problem still remains in team in Minnesota? in Pittsburgh, Pennsylvania, he said the housing industry, and that we have Mr. ELLISON. The Minnesota Vi- that this bill was a nuclear weapon to to address. kings. kill an ant. I have got the exact quote Once again, all of the legislation Mr. GARAMENDI. The Packers. here. Maybe I should just read that. I dealing with the mortgage markets, all Mr. ELLISON. The Packers, they’re don’t want to misquote him because of the effort to try to rebuild the hous- next door. what he said was so outrageous. ing industry has been done by the Mr. GARAMENDI. Okay. We’ve got Let’s see. Oh, that’s the Social Secu- Democratic side. We have had no help the Packers playing the Vikings. They rity which we ought to come to here in from the Republicans. Just say ‘‘no’’ is do that on occasion, don’t they? Imag- a moment. And Social Security, just their mantra. The result is that we ine that if the sidelines were erased touching on it, he said, ‘‘We ought to push forward with great difficulty. The and imagine if the referees were put raise the Social Security age to 70 so Senate is a major problem for us be- back in the locker room. What would we can finance the Afghan war.’’ Oh, cause you have the power of one sen- happen? wait a minute. Did you really mean ator over there that can stop things. Mr. ELLISON. I think you would that, Mr. Leader? But, nonetheless, we pushed forward have a lot of injured players. You’d He said, ‘‘This is killing an ant with with an effort to try to restore the have a really funny outcome. People a nuclear weapon,’’ when referring to housing markets with various plans wouldn’t trust the outcome. Maybe the Wall Street Reform and Consumer and mortgages. And today it’s time for teams would stop playing because they Protection bill. ‘‘Killing an ant with a us to come to what happened today. would believe that the rules didn’t nuclear weapon.’’ Well, I’m sorry, but Today, on the floor of the United matter any more. And certainly you it is a clear indication of where the Re- States Congress, the most far-reaching, would give an incentive to the biggest publicans stand. They’re clearly stand- most important revamp of the finan- cheap shot artists on the field, the peo- ing with the big banks. And on the cial industry in this Nation’s history ple who are willing to do the dirtiest Senate side, in the last 2 days, the fi- since 1936 took place, and it was a vote things—the clipping, all of those nancial regulation to pay for this was on the Wall Street Reform and Con- things—they would prevail. going to be paid for by the big banks.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12501 But the Republicans in the Senate said, dition. The fact is that there’s a string That’s what the Republican Caucus No, no, no, no, no. You can’t make the between all of the things that we’ve wants to do is to repeal all of the ef- banks pay for the regulation. You can’t talked to tonight. We started out talk- forts of consumers and to build into make the NFL football team pay for ing about the oil spill. We moved on to this system a method of keeping us the referees. No, no, no, you can’t do talk about financial reform. Now we’re healthy. that. What you’ve got to do is to make delving into health care, but there’s a So, okay, whose side are you on? the taxpayers pay for regulating the string connecting them all. One is that There is a string here. There is a logic banks. the Democratic Caucus is consistently to all of this. One more thing—and I Whose side are you on here? It’s per- on the side of the consumer, of the in- couldn’t believe this when I heard this, fectly clear, when you look at all of vestor, of the small business person. and it just came, I guess, in the last these, whose side you are on. When the And the party opposite, the other cau- day or two. Now, Social Security is an minority leader, the Republican leader, cus, is consistently on the side of the insurance policy. You and I pay into says, The effort to rein in Wall Street corporate giant, the huge well- Social Security. As Members of Con- and protect consumers is killing an ant moneyed lobbyist, and the people who gress, a certain percentage of our pay with a nuclear weapon, well, I’m sorry. stand to gain from the status quo. This goes for Social Security, and so it is Wall Street is not an ant. The five, six is a consistent stream. with every other person in America biggest banks control about 70 percent And so you continually ask the ques- who is working legally. They are pay- of all of the financial markets. These tion, Congressman GARAMENDI, Whose ing into Social Security. are not ants. These are gigantic ant- side are you on? This is a fair question. Mr. BOEHNER, the Republican leader, eaters, and we’re the ants that they’re The question must be answered that has said that what he wants to do is to eating. So we’ve got to get this the Democratic Caucus is on the side of increase the retirement age from 65 to straight: Whose side are you on? the people. The party opposite is on the 70 and use the savings to finance the The financial meltdown, the biggest side of the powerful, the well-to-do, the Iraq and Afghanistan wars. And I’m downturn since the Great Depression, 8 large giant corporate entities. And this going, Excuse me, wait a minute. million jobs lost. It’s not an ant. This is something that I think Americans That’s my insurance policy. That’s my is my neighbor who lost his job. This is have got to try to put their hands mother’s insurance policy. That is the the homeowner who lost their home, around, that there is a party who is insurance policy of the working men and this is the unemployed person going to be the one to say, We’re going and women out there, and you want to that’s begging for our help in con- to restrain Wall Street; we’re going to take it away to finance the Afghan tinuing the unemployment insurance make them play by the rules; we’re war. I don’t think so. But that’s once more sign, a sign- because this economy has not yet going to enhance the functioning of the post—we’re following a path here—a turned around. These are very, very se- marketplace by making sure that there signpost of where the Republicans rious things. are referees on the field and not in the There are a couple of other things we locker room. stand. Big business, ending Social Se- And this string is a consistency. It really ought to get here. And if you can curity; and in fact, their budget, put ties us together as a consistent, coher- work with me on this, we talked earlier out by the Republican Study Com- ent theme and a message, that the a little bit about health care reform. mittee, their budget called for the end Democratic Caucus is on the side of the It’s not Big Government. In fact, of Medicare, the privatization of Medi- American people. care, Medicaid and Social Security. health care reform is exactly very Mr. GARAMENDI. Thank you so similar to the reform in Massachusetts very, very much for making that clear. b 2320 which was authored by a Republican You go through all of these pieces of That’s their policy. If that’s what the Governor who went around this Nation legislation, and the Democratic Caucus public wants, then those folks are taking great credit for it until it be- is there. On the other side of the aisle, going to win this election and they’re came a national model. This is really on the Republican side, they’re stand- going to come and they’re going to insurance reform. It’s not a takeover of ing with Big Oil, big banks consist- control this House and they’re going to the health care industry, not at all. ently, and the big health insurance in- try to do it. I think this would be a se- And it’s not anywhere even close to so- dustry. rious problem for every American. cialized medicine. Now, let me make this point perhaps Medicare, Social Security privatized? I In fact, the public option is not in more clear, and that is, the Republican don’t think so. the legislation at all. It is a reform of minority leader not only said that we Mr. ELLISON. Well, if the gentleman the insurance marketplace. It’s the ought to take on this issue of Wall will yield, I want to say that, in my kind of reforms that allow my 23-year- Street reform as though it was some opinion, Social Security is one of the old daughter to stay on my health in- sort of a nuclear weapon killing an ant. greatest pieces of legislation this coun- surance rather than becoming unin- He also talked about health care, and try has ever seen, and so is Medicare. sured. It’s the kind of reform that al- he said that if the Republicans take These programs are very important be- lows the young baby that’s born with control of the Congress after this next cause they signal that we really are in an illness to be able to get insurance. election, if they win enough seats after this thing together and that we’re not It’s the kind of reform for a 50-year-old this next election, they are going to do going to let our seniors descend to the individual who has lost their job to be everything they possibly can to stop level where they’re eating dog food or able to buy an insurance policy at a the Patients’ Bill of Rights and other making choices between medication reasonable rate. It’s the kind of reform health reforms. and a meal. But it’s going to require an that ends the discrimination that They are out to repeal the reform aware population to get it, that, you every single woman in this Nation that Americans desperately need so know, there are real things at stake faces when it comes to getting insur- they can get affordable health insur- here, big things at stake here. ance. If you were a woman in America ance. They want to kill those reforms. And the question keeps being asked: prior to this health care reform, you They want to turn back women’s op- Who’s side are you on? had a preexisting condition that could, portunity to get an insurance policy Why don’t you go through some of and probably would, keep you from and say, We don’t care whether you those critical things? buying a policy. have a preexisting condition; you are Mr. GARAMENDI. Let’s just go Those discriminatory actions by the at the mercy of the health insurance through this. Who’s side are you on? insurance companies are over as a re- company. If they deny you, that’s your Democrats supporting jobs and bills. sult of this reform. problem. You shouldn’t have gotten We talked about the Cash for Caulkers Mr. ELLISON. Well, as a woman, you sick in the first place. If you are a 23- and other programs and the jobs bill, certainly would pay a lot more than a year-old, you will lose the ability to be every single one of them opposed. No man would of comparable age and con- on your parents’ benefits. jobs bills.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12502 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 Unemployment insurance. People are Mr. GARAMENDI. We are. ing spending cuts are going—well, they losing their unemployment insurance Mr. ELLISON. Look, the Republicans could jeopardize, possibly slow the re- because of the Republican Party. What had their chance, and we are still reap- covery. are they going to do? The economy ing the bitter fruit of what their lead- And it’s been great to hear my col- hasn’t come back. They’re going to ership has brought this country. They leagues talk about all the jobs that lose their jobs. They’re going to lose had 12 years between 1994 and 2006 in have been created. We know, for exam- their home. We’re going to start an- the Congress, and then they had 6 years ple, in the last month 431,000 jobs, new other downward spiral. with a Republican President. In that jobs have been created by this adminis- We talked about the health care ef- time, they did nothing about reforming tration. And you really do have to give fort. Not one Republican voted for the Wall Street, though they had two the administration credit for most of health care bill. Excuse me. One in this Houses and the Presidency. They didn’t the jobs that were created last month, House. One Republican voted for the do anything about reining in these because when we got the numbers, of health care bill. banks. They didn’t do anything about the 431,000 jobs, 411,000 of them were Wall Street. We talked about Wall reforming regulation. They did nothing census workers. Great news. Unfortu- Street reform. Republicans vote on health care. nately, those jobs are going to be gone against it; the Democrats vote for it. And now they have the audacity to just in a matter of a very few months. We talk about the Consumer Protec- want to say, We want the wheel back. So there’s 411,000 jobs. tion Agency. The Republicans are op- Yeah, we drove the car into a ditch, And it’s true, President Bush took of- posed to it; the Democrats support it. but we want the wheel back. We want fice after the 2000 census had been com- We talk about small business reforms to drive again. And you know what? It pleted so he didn’t get to create 411,000 which are in this bill and in other bills. just can’t happen. jobs in 1 month, as this administration The Republicans consistently vote I yield back to the gentleman. has, for census workers. Unfortunately against small business, the increase of Mr. GARAMENDI. The final point is for him, the economy experienced the the Small Business Administration. this: In the 8 years of the George W. most incredible blow at a time coming We can go back through the major Bush administration, about a million off the dot-com bubble of the late nine- bills that this House has voted on. The net jobs were created. In the last 8 ties. The economy was hurting, and American Recovery Act, known as the months to 9 months, more jobs have then 9/11 happened. And if it had not stimulus bill, Republicans voted been created than in the entire George been for the tax cuts, we would have against it. W. Bush administration. Now, that’s a You look at the energy and climate been surely in the midst of a great de- fact. Read it any way you want. to break our addiction to oil. Demo- pression, perhaps like the 1930s. So the We’re on the right road here. We crats vote for it; Republicans vote tax cuts helped stimulate the economy, want to continue that path. against it. helped get things going in a good way. You look at the Wall Street reform Mr. ELLISON, thank you so very The problem is that once the Repub- and the Consumer Protection Act. much. And it’s good to know that the licans not only had the House and Sen- Democrats vote for it; Republicans Packers are your team. ate, like they did from 1995 to 2000, not consistently and in en bloc vote Mr. ELLISON. No, the Vikings. I like only did they balance the budget—and against it. the Packers, but more, I like the Vi- the President doesn’t do that. The Con- You talk about the gulf oil spill, the kings. gress has to do that. But not only did Deepwater Horizon oil spill. The Re- Mr. GARAMENDI. But remember, in they balance the budget in the Repub- publicans blame the government and an NFL football game, you need a ref- lican Congress, but they also reformed want to apologize rather than the in- eree, and on Wall Street, you need a welfare, and for the first time since the stigator of the problem, BP. referee also. beginning of welfare, after a welfare re- On Social Security, the Republican f form that the Congress did, and I think leader wants to extend the age to 70 in ISSUES OF THE DAY President Clinton vetoed it and then order to get Social Security. once they had the votes to override the You talk about health care reform. The SPEAKER pro tempore. Under veto the second time he didn’t, he went We’ve discussed that already. The Re- the Speaker’s announced policy of Jan- ahead and signed it. Now he’s quite publicans vote against it. They want to uary 6, 2009, the Chair recognizes the proud of it because, out of that welfare repeal it. They get into power in this gentleman from Texas (Mr. GOHMERT) reform, the fact is—and I saw this on House, they’re going to repeal the re- for half the time remaining before mid- the chart that was presented back in forms. night. 2005 at Harvard, of all places. Mr. GOHMERT. Mr. Speaker, well, And unemployment and jobs, every b 2330 single jobs bill they vote against. we heard from CBO, the Congressional Every effort we have made to put peo- Budget Office, rather interesting. Got a I got the impression many of them ple to work, whether it was in trans- nice quote. Director Elmendorf an- were shocked. But when you looked at portation—and that is in the American nounced that, in part of his statement single women’s income since welfare Recovery Act—or in the current jobs he said, the gloomy, long-term picture came into existence, when adjusted for bills, keeping teachers employed, we is not an argument for rejecting addi- inflation, their income was flatlined want to employ teachers. They talk tional spending now to bolster the eco- over that 30-year period. After welfare about the next generation, yes. But nomic recovery. Indeed, he said, ‘‘En- reform, they were pushed, basically you don’t educate that next genera- acting cuts in spending or increases in pushed out of the rut, out of the rutted tion, we’re in trouble. taxes now would probably slow the re- mess that the Federal Government had All of these things add up and it is, as covery.’’ created for them and not allowed them you say, there’s a string, there’s a If you read the charge for CBO, it’s a out of. The welfare reform actually path, there are road signs here. Who’s little bit gray. But when you have an pushed them toward reaching their side are you on? organization that can’t seem to get God-given potential. And so for the The Republicans have consistently right what the projections are for the first time since welfare had been cre- sided with Big Oil, big health insurance costs, when you can’t get the costs ated in the 1960s, single women’s in- companies. It’s time for us to recognize right for what is requested, as we saw come, when adjusted for inflation, the difference. with the health care bill, as we saw started going up. And it continued. Mr. ELLISON. Well, I just want to with so many things they projected, But now, after Republicans got both say the gentleman, I think, is abso- they have been hundreds of millions, the White House, and House, and Con- lutely right. And I just want to say billions, hundreds of billions of dollars gress, they found out it was kind of fun this as I think we’re coming down to off over time, and yet the Director’s to spend when you had a President that the final moments. going to come in and tell us that enact- wouldn’t veto anything. And then you

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12503 had a President that was sending over they get their cart in a ditch, we have moving forward with the deployment of requests for more money than conserv- something called bankruptcy. You these National Guard troops.’’ ative Republicans really were com- don’t have to liquidate. Gosh, don’t do Oh, that’s great. With all the failures fortable with, and they would com- that, because most of the departments of this Department of Interior, the Sec- promise, and it would still be more at AIG, it sounds like were quite liq- retary has the nerve to come in and money than both should have spent. uid. They were doing well. Just start blame the governors of those States There is apparently this giddiness splitting it up, selling it off. Then it that have tried to play by the rules and that occurs when one party has the will never be too big to fail again. But say, look, we understand your law that White House, House, and Senate like that’s not what happened. you have from Washington, we have to we have seen the last year-and-a-half. We’ve bailed out Goldman Sachs to get your permission, so please, how And even in the House and Senate in the point that since this administra- about giving us permission? And then 2007 and 2008 we saw a great giddiness tion took office and cut all these con- he comes in here today and says, I’m and just runaway spending like the tracts with Goldman Sachs, they had frankly surprised they didn’t move for- country had never faced until the last their highest profit year in the whole ward with their National Guard troops. year-and-a-half. And so when I hear history of the country. While the coun- Give me a break. What kind of gall about all these great jobs that are try was hurting, they had record prof- does it take to come into a committee, being created, more jobs in the last its. And much of it has to be credited oh, gee, I don’t know why the gov- year-and-a-half than were created in to this government. I am sure people ernors didn’t do more. I’ve been to the whole 8 years, I think they forgot meant well, but that’s not the kind of Houston 10 times. How about getting to say what the President and Vice financial reform we need when we got out there where the rubber meets the President always include, created and this financial deform bill today. road? Or even better, when you were saved. Because when you say you saved That financial deform bill today al- sending—when the Secretary, Mr. a job, that means it’s impossible to lows and creates this systemic risk Speaker, was sending two inspectors to ever prove that. And it’s impossible to council. They are going to get to pick the offshore rigs to inspect, and we find disprove that. the winners and losers. Washington, of out their only check and balance was You know, it’s like that old story all places, is going to get to decide you to say we’ll send them out in pairs. The about the guy who says, ‘‘What is your are too important to fail, you are too last two that went out there were a fa- job?’’ He says, ‘‘I keep elephants from important to fail, you are too impor- ther and son unionized team. And we running in this house.’’ He says, ‘‘Well, tant to fail. We’re going to pick the don’t know, the director couldn’t tell there aren’t any elephants around winners and losers. I don’t like that us in committee, he said that’s under here.’’ ‘‘That’s right, I’m doing a great when that’s done from Washington, investigation. You don’t get to see job, aren’t I?’’ when Washington says, hey, down in what the investigation is here in Con- Well, it’s the same kind of deal. You your district, none of us live there, but gress, but that’s under investigation. know, they’ve saved, probably can take here’s who you need to elect. You b 2340 credit for saving every job in America know, why don’t you let the district, if they want to, and I am sure at some why don’t you let the people there in We’ll get back to you on that after point they will get to based upon the the district decide. Washington gets we’ve done what we want to do. claims that are being made these days. around to saying this is the business I tell you, it’s just unbelievable But it’s an interesting time. we think is too important to fail. You what’s gone on. And then we hear, gee, And what we’ve also seen today was know, it’s insane. these things that the public is so out- the passage of the financial deform And the health care bill that was raged about, Washington doing, we’re bill. I was hoping for reform, but that’s passed, the ObamaCare bill, it had all probably going to wait until a lame not what we got. And I know so many kinds of stuff in there that was going duck session when the public may vote of my colleagues across the aisle have to let the government get their two people out that they’re mad at because good hearts, good minds, and the best cents in and take over control of so they’re wanting to do things, and then of intentions. But as we saw with many aspects, not just the health care. they can just pass it because they TARP, many people on both sides of I mean they ordered things for res- won’t care because they will have al- the aisle, and what we have seen since taurants, and machines, and all kinds ready been voted out of office. then, since this President took office, of stuff in it. It wasn’t about health I’m telling you, Mr. Speaker, that is when this President says let’s get this care. It was about GRE, government the wrong thing to do. It is wrong mor- bill passed, then they can basically running everything. And so that’s what ally, ethically. It’s just wrong. If peo- come up with 2,000 pages that only this financial bill is about. ple get voted out of office because they foolish idiots like me would try to And then also we find out today in were thinking about doing something, read. our Natural Resources hearing, Mr. talking about doing something, they And so what they’re left with, if you SALAZAR, and I know this will be a should not come in here and do it after don’t try to get through the boring shock to my former freshman class- they’ve been voted out. reading is, you get the talking points. mate Member of Congress Bobby And then we have all of this indigna- So well-meaning people, not believing Jindal, but I am reading from Sec- tion from the northeast about some of that anybody would possibly give them retary Salazar’s testimony today in the things going on in the gulf, and talking points that weren’t 100 percent our hearing, and I’ve got to get word to then low and behold, gosh, news here. I accurate, come to the floor, and with Mr. Jindal, Governor Jindal. He said, didn’t notice it when it came through. the best of intentions, meaning well, and I am quoting, ‘‘Secretary Napoli- Here’s an article from February 2, 2010. read the talking points and say things tano, Director Browner, and myself, Coast Guard’s been busy and not just like this will end the massive bailouts. frankly, we were in the gulf coast prob- with the gulf coast. This was February Bless their hearts. They don’t realize if ably within—been down there 10 times 2, 2010. ‘‘U.S. Coast Guard officials say they would read specific provisions of there in Houston since it started. But they’ve developed a security plan to this bill they will find out it does just we made a call from the command cen- allow the safe passage of tankers car- the opposite. ter’’—I guess that’s in Houston—‘‘to rying liquefied natural gas from Yemen This financial deform bill that was Secretary Gates and to the White through the Port of Boston.’’ passed today creates a systemic risk House that essentially gave the author- Then it goes on to quote Coast Guard council. Let me tell you how systemic ization to the States to move forward Captain John Healey and to quote risk should be taken care of. Goldman with the Coast Guard within a few days Coast Guard Commandant Thad Allen, Sachs gets greedy, runs their cart in a after this incident occurred. So it is for if that rings a bell. He’s saying that it ditch, AIG gets greedy and sells insur- me, frankly, surprising that you do not could include additional screening of ance called credit default swaps and have the governors of these States the crew, extra inspections on the ship.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12504 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 And then it goes on to say: ‘‘One of your sandwich, you can give somebody cles we found. He was still getting hold the top concerns for security officials your lunch money and hope that they of them hoping they’ll stay on board is making sure no stowaways manage leave you alone, but all they do is keep with the climate change bill. to board the tankers at the port in coming back for more sandwiches or The administration, of course, would Yemen,’’ where terrorists seem to be more money. You can’t buy love and not want to jump on their big oil com- going and coming from these days so affection because you are looked at as pany friends. Their support in the elec- often, or during the voyage. a John, not as a lover. It’s tragic, but tions, it was so helpful. Their support ‘‘That’s really the key here, to en- that’s what we’re doing: trying to buy for, like, even the gas hike, the gas tax sure that we have a security force on love and affection from people that hike that is being proposed. Some of board ship that’s checking the ship hate us. It doesn’t work. the things nobody else in the industry while it’s loading and while it’s in So here we’ve got this natural gas would support it would seem. BP was Yemeni waters to guarantee that no contract supposedly going on for the their buddy. one who’s not authorized gets aboard next 20 years. And we have over 100 So it makes sense that the adminis- the ship.’’ years of natural gas that’s already tration wouldn’t immediately want to Because they’re saying, see, the con- been found in this country. There’s no jump on BP. They’re hoping that BP tract used to be with countries that massive oil spills that come from that. wasn’t lying to them, that they will were completely friendly who had A wonderful Democrat friend across get this thing under control and it will never sent a terrorist here or a ter- the aisle did some of his growing up be all right. Then they come through rorist to be trained in other areas or over in Longview, Texas, has a bill to here and push through their global allowed Yemen to be, or their country start getting cars, put that incentive warming bill and get that done, the to be, a place of safety for terrorists out there, get cars on to natural gas. crap-and-trade bill that is going to cre- that wanted to destroy our country or That will be a huge help because we ate, as former chairman of Energy and from which an attack on one of our have so much natural gas in this coun- Commerce, former Chairman DINGELL, U.S. ships happened. We had a contract try that it will eliminate so much of had indicated this is not only a tax, it that had liquefied natural gas from our dependence on foreign oil. So Dan’s is a great big tax, which apparently other countries. The fact is if we al- got a good bill. may have had something to do with lowed the gas to be produced from this And yet the answer apparently from him losing his chairmanship country, we have over 100 years’ worth this administration is we’re going to Anyway, let’s think about what we’re of natural gas if it were allowed to be buy—not use our own natural gas— doing because it has dramatic effects produced. we’re going to buy it from Yemen hop- across the country. But, no, we’re going to risk bringing ing they’ll like us better. Maybe they b 2350 in a tanker from Yemen. Not just a won’t try to blow up our ships and be a tanker. This says the contract’s for 20 safe haven for terrorists who want to Of course, we know we are also tell- years to bring tankers with natural gas blow up our country. ing Israel not to—or apparently this loaded into Boston Harbor. Think But that’s what we’re looking at. It administration has been telling Israel, about an explosion on that ship. That’s isn’t good. It’s rather tragic. Just lay off. Let them build the illegal what the article points out. You talk A lot more I could say about that, Palestinian settlements. Don’t try to about a terrorist attack. Man, we’re but I just could not get over the gall of defend yourself. Get ready to give away gonna bring in the bomb from Yemen the Secretary of the Interior to come more land. We are putting on all this where the terrorists have been located in here and demean those Governors. pressure. Don’t defend yourself even so often. But the message should go out to Gov- though Iran is developing—now we And then it turns out people on Cap- ernors all over the areas potentially af- know—enough uranium for two bombs. itol Hill have been getting calls that fected by the oil spill in the gulf cre- Of course, one would be enough to wipe raised a question about it, is this really ated by British Petroleum, who, if it out much of Israel, but don’t defend a good idea. They get a call, look, we’re were in the old days, ought to be yourself. We’re putting all that pres- trying to build up Yemen. We’re trying horsewhipped, those who are respon- sure on them. That doesn’t make sense. to help this country that’s supporting sible. We’ll find out for sure exactly Why would we do that to our best our enemies so maybe they’ll like us what happened. And when we do—it ally in the Middle East, to one of the better. Let me tell you, I got a U.N. sounds like we’re getting word as to best friends this country could have in voting accountability bill. I filed it all what happened. There were corners the whole world, to one of the few— three sessions. I’m hopeful we’ll get it being cut right and left. maybe sometimes the only one—that to the floor. We’re going to file for a The safety record of BP compared to truly stands up with us like 95 percent discharge petition to require it to be the other oil companies was abysmal. of the time in the U.N. more than most brought to the floor. But when we find out that they were anybody else? Yet we’re turning our It’s very simple. It says any coun- the best friends that this administra- backs on them, and we’re telling them try—every country is its own sov- tion had in the oil business and they not to protect their own country. Don’t ereign. They can do what it wants. But were the best friends for our Democrat stand for what is going to help Israel any country that votes against us in Senators down the aisle, down the Hall stand? Why would they do that? more than half of the contested votes here, we find out that their lobbyists Then we start seeing things that help in the U.N., they’re just getting no fi- are mostly close friends of this admin- it make sense, like with this sign. Now, nancial assistance from us. As I have istration and our Democratic friends down in Arizona, it turns out we’ve got been quoted before saying, you don’t down the Hall here, they realize heck, a wilderness area down in Arizona that have to pay people to hate you. They’ll they should have had their back cov- the park police can go in but not with hate you for free. So why are we pour- ered. They were close enough. They any mechanized vehicles or mechanical ing billions and billions of dollars into were supporting the climate, actually equipment that is motorized. Also, the countries hoping eventually they’re the global warming bill, now called cli- Border Patrol can’t go there. The only going to like us. They’re not. You don’t mate change bill because turns out the people who can go there with impunity buy friendliness. planet’s not warming. But that’s a are people illegally going through, and The SPEAKER pro tempore. The gen- whole other subject. But is it so hard that is why this warning sign says: Ac- tleman from Texas is recognized for to understand why they thought their tive drug and human smuggling area. the remainder of the time until mid- back was covered? It is like the city that spends more to night. While the Deepwater Horizon rig was put up a sign that says there is a bump Mr. GOHMERT. You can’t buy friend- sinking in the gulf after the explosion, in the road than it would cost them ship. Didn’t people learn that on the Senator KERRY was still getting hold of just to fix the bump. Don’t put up a playground? You can give somebody British Petroleum. Some of the arti- sign. Fix the problem. This is the

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12505 United States. Why are we just saying, laration of Independence the statement ‘‘Wherever one may go in this great Hey, look. Here is a sign. There is ac- that ‘all men are endowed by their Cre- national city, he is constantly re- tive drug and human smuggling in this ator with certain unalienable rights, minded of the strong spiritual aware- area. They are coming through with that among these are life, liberty, and ness of our forefathers who wrote the mechanized vehicles and with all kinds the pursuit of happiness.’ Federal Constitution, who built the of motorized things they may be using. ‘‘Little could Mr. Jefferson suspect, schools and churches, who hewed the They are violent. It says visitors may when penned that line, that the time forests, dredged the rivers and the har- encounter armed criminals and smug- would come when the Nation’s highest bors, fought the savages, and created a gling vehicles traveling at high rates of court would rule that a nondenomina- republic. speed. That is because only the illegals tional prayer to the Creator, if offered ‘‘In no other place in the United can come through here using vehicles, by schoolchildren in the public schools States are there so many and such var- because we don’t let the Border Patrol of America during class periods, is un- ied official evidences of deep and abid- in there with vehicles, and we know constitutional. ing faith in God on the part of govern- law enforcement gets shot. ‘‘The June 25 Supreme Court decision ment as there are in Washington. Then it starts to make sense. Oh, is sufficiently appalling to disturb the ‘‘Let us speak briefly on some of the okay. We’re just trying to avoid being God-fearing people of America and to reminders in Washington that reaffirm hypocrites as a nation. We are telling make us all reflect upon the extraor- the proposition that our country is dinary nature of the times. For what, Israel not to defend itself, to let people founded on religious principles. The indeed, can we expect to happen next if overrun them and to let those rockets continuance of freedom depends on our this is to be the way things are going? fly constantly. Don’t bother to check restoring the same spiritual conscious- Following the French Revolution, the the ships that come in, the flotillas ness to the mainstream of American atheist revolutionists hired a chorus that come into the Gaza Strip. Just let girl to enter a church as the ‘Goddess life today that made possible these the rockets keep flying. We are able to of Reason’ and thereby defile the name monuments and tributes of the past. say that without being hypocrites be- of the Almighty. Following the Rus- ‘‘A visitor entering Washington by cause that’s what we’re doing. We’re sian Revolution, the Bolshevik Govern- train sees the words of Christ promi- not protecting ourselves. ment established a giant museum, nently inscribed above the main arch We say, Look, Israel. Get over it. We dedicated to the promotion of atheistic leading into Union Station. Here at the are letting ourselves be overrun. We’re beliefs.’’ very entrance to the seat of the Gov- letting people come in illegally armed. I’ve been in that museum. I was sick ernment of the United States are the We’ve let them take over part of the to the point of nauseam, but back to words: ‘The truth shall make you free.’ United States and we’re not doing any- ROBERT BYRD’s speech. John 8:32. thing about it, so we’re not being hypo- ‘‘The American people were shocked ‘‘Nearby is another inscription cut critical when we say, Don’t protect by both moves. So it was in those days. into enduring stone, the words from yourself, Israel. We’re doing the same But what about today? Can it be that the Eighth Psalm of the Old Testa- thing, see? we, too, are ready now to embrace the ment: ‘Thou hast put all things under That will make Israel feel better to foul conception of atheism? his feet.’ know that we are not protecting our- ‘‘It is hard to believe, but, then, what ‘‘A third inscription reiterates the selves. We have just turned over part of are the facts of the matter? Are we not spiritual theme: ‘Let all the end thou the United States of America to armed in consequence of the Supreme Court aimest at be thy country’s, thy God’s criminals who are illegally in this ruling on schoolroom prayer, actually and truth’s.’ country. limited in teaching our children the ‘‘All three inscriptions acknowledge The truth is neither one of those is a value of God? And is this not, in fact, the dependence of our Republic upon good idea. The truth is Israel should a first step on the road to promoting the guiding hand of Almighty God. defend itself. They should be able to atheistic belief?’’ ‘‘On Capitol Hill. stop the rockets that are attacking As I turn the page of Mr. BYRD’s ‘‘Throughout the majestic Capital them from coming into areas. They speech on the Senate floor, let me par- City, similar inscriptions testify to the should be able to stop illegal settle- enthetically note that ROBERT BYRD’s religious faith of our forefathers. In the ments. They should be able to do all of Christian beliefs are what caused him capital, we find prominently displayed the things that are necessary for a na- to disavow his membership and to ask for all of us to see the quotation from tion to protect and preserve its na- forgiveness for his membership to the the Book of Proverbs, 4:7: tional integrity. KKK. It went to the heart and soul of ‘‘ ‘Wisdom is the principal thing: We lost a Senator this week. My time the man, and that is why he came to Therefore, get wisdom, and with all thy is running short, so I want to get the floor in 1962 and gave this speech. getting, get understanding.’ through as much of this incredible Continuing on: ‘‘The visitor to the Library of Con- ‘‘In reading through the Court deci- speech as I can. I want it understood gress may see a quotation from the Old sion on school prayer, I am astonished this was a speech given by Senator Testament which reminds each Amer- by the empty arguments set forth by ROBERT BYRD, in 1962, after the Su- ican of his responsibility to his Maker. the majority as opposed to the lucid preme Court decision to eliminate It reads, ‘What doth the Lord require of opinion recorded by Mr. Justice Potter prayer in schools. This is from the offi- Stewart, the lone dissenter. In answer- thee but to do justice, to love mercy cial record. As time will permit, I will ing the arguments of the majority, and to walk humbly with God?’ Micah read Senator ROBERT BYRD’s speech Justice Stewart did not see fit to en- 6:8. from 1962. gage in debate over matters of ancient ‘‘Another scriptural quotation promi- You know, one of the things I love history. As he put it: nently displayed in the lawmakers’ li- about America is, for the most part, it ‘‘ ‘What is relevant to the issue here brary preserves the Psalmist’s ac- is a very forgiving country. A man who is not the history of an established knowledgment that all nature reflects had been part of the Ku Klux Klan church in 16th century England or in the order and beauty of the Creator. later was repentant. He was very sorry 18th century America but the history ‘‘ ‘The heavens declare the glory of for being part of that organization, and of the religious traditions of our peo- God, and the firmament showeth His he changed his ways and was com- ple, reflected in countless practices of handiwork.’ Psalms 19:1. pletely embraced by his colleagues. the institutions and officials of our ‘‘Underneath the statue of history in This is Senator BYRD’s speech from government.’ the Library of Congress are Tennyson’s 1962: ‘‘To that, I would say, ‘Amen.’ prophetic lines: ‘‘Mr. President, Thomas Jefferson ex- ‘‘So this, indeed, the crux of the ‘‘ ‘One God, one law, one element, and pressed the will of the American major- issue—the religious traditions of our one far-off divine event to which the ity in 1776 when he included in the Dec- people. whole creation moves.’

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12506 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 ‘‘Additional proof that American na- journed until tomorrow, Thursday, 8187. A letter from the Chair, Commission tional life is God-centered comes from July 1, 2010, at 10 a.m. on International Religious Freedom, trans- mitting the Commission’s 2010 Annual Re- this Library of Congress inscription: f ‘The light shineth in the darkness, and port covering the period April 2009 through EXECUTIVE COMMUNICATIONS, March 2010, pursuant to 22 U.S.C. 6412 Public the darkness comprehendeth not.’ John ETC. Law 105-292 section 102; to the Committee on 1:5. Foreign Affairs. ‘‘On the east hall of the second floor Under clause 2 of rule XIV, executive 8188. A letter from the Assistant Legal Ad- of the Library of Congress, an anony- communications were taken from the visor for Treaty Affairs, Department of mous inscription assures all Americans Speaker’s table and referred as follows: State, transmitting report prepared by the that they do not work alone—‘for a web 8177. A letter from the Under Secretary, Department of State concerning inter- begun, God sends thread.’ ’’ Department of Defense, transmitting the De- national agreements other than treaties en- I realize that my time is expiring at partment’s 2010 Report to Congress on Sus- tered into by the United States to be trans- tainable Ranges, pursuant to Section 366 of mitted to the Congress within the sixty-day this moment. There is much, much the National Defense Authorization Act for period specified in the Case-Zablocki Act; to more in this wonderful speech by the Fiscal Year 2003; to the Committee on Armed the Committee on Foreign Affairs. now late Senator ROBERT BYRD, and I Services. 8189. A letter from the President, Asia will not stop in future sessions here on 8178. A letter from the Assistant Secretary, Foundation, transmitting the Foundation’s the floor until I have finished this won- Department of Defense, transmitting the Na- 2009 Annual Report and Project List; to the tional Guard Youth Challenge Program An- derful speech by ROBERT BYRD. Committee on Foreign Affairs. nual Report for Fiscal Year 2009, pursuant to 8190. A letter from the Members, Broad- Though, for tonight, since I believe 32 U.S.C. 509(k); to the Committee on Armed in playing by the rules, the rules re- casting Board of Governors, transmitting the Services. Board’s semiannual report from the office of quire me to yield back. I do now yield 8179. A letter from the Under Secretary, the Inspector General for the period October back the balance of my time. Department of Defense, transmitting author- 1, 2009 through March 31, 2010, pursuant to 5 f ization of 14 officers to wear the authorized U.S.C. app. (Insp. Gen. Act), section 5(b); to insignia of the grade of major general and the Committee on Oversight and Govern- SPECIAL ORDERS GRANTED brigadier general, as appropriate; to the ment Reform. By unanimous consent, permission to Committee on Armed Services. 8191. A letter from the Director, Environ- 8180. A letter from the Chair, Congres- mental Protection Agency, transmitting the address the House, following the legis- sional Oversight Panel, transmitting the lative program and any special orders Agency’s annual report for FY 2009 prepared Panel’s monthly report pursuant to Section in accordance with Section 203 of the Notifi- heretofore entered, was granted to: 125(b)(1) of the Emergency Economic Sta- cation and Federal Employee Antidiscrimi- (The following Members (at the re- bilization Act of 2008, Pub. L. 110-343; to the nation and Retaliation Act of 2002 (No FEAR quest of Ms. KAPTUR) to revise and ex- Committee on Financial Services. Act), Public Law 107-174; to the Committee 8181. A letter from the Chief Counsel, De- tend their remarks and include extra- on Oversight and Government Reform. partment of Homeland Security, transmit- 8192. A letter from the Acting Senior Pro- neous material:) ting the Department’s final rule — curement Executive, General Services Ad- Ms. SUTTON, for 5 minutes, today. Supension of Community Eligibility [Docket ministration, transmitting the Administra- Ms. WOOLSEY, for 5 minutes, today. ID: FEMA-2010-0003] [Internal Agency Docket tion’s final rule — Federal Aquisition Regu- Mr. DAVIS of Illinois, for 5 minutes, No. FEMA-8133] received June 17, 2010, pursu- lation; FAR Case 2009-025, Disclosure and ant to 5 U.S.C. 801(a)(1)(A); to the Committee today. Consistency of Cost Accounting Practices for on Financial Services. Ms. KAPTUR, for 5 minutes, today. Contracts Awarded to Foreign Concerns Mr. SCHIFF, for 5 minutes, today. 8182. A letter from the Secretary, Depart- ment of Health and Human Services, trans- [FAC 2005-42; FAR Case 2009-025; Item IX; Mr. DEFAZIO, for 5 minutes, today. mitting the Department’s report on the Docket 2010-0087, Sequence 1] (RIN: 9000- f Community Services Block Grant Program AL58) received June 16, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on SENATE CONCURRENT Report and the Community Services Block Grant Performance Measurement Report for Oversight and Government Reform. RESOLUTION REFERRED Fiscal Year 2007, pursuant to Section 680 of 8193. A letter from the Acting Senior Pro- A concurrent resolution of the Sen- the Community Services Block Grant Act of curement Executive, General Services Ad- 1981 as amended; to the Committee on Edu- ministration, transmitting the Administra- ate of the following title was taken tion’s final rule — Federal Acquisition Regu- from the Speaker’s table, and, under cation and Labor. 8183. A letter from the Assistant Secretary, lation; FAR Case 2009-013, Nonavailable Arti- the rule, referred as follows: Employee Benefits Security Administration, cles [FAC 2005-42; FAR Case 2009-013; Item S. Con. Res. 67. Concurrent resolution cele- Department of Labor, transmitting the De- VIII; Docket 2009-0026; Sequence 1] (RIN: brating 130 years of United States-Romanian partment’s final rule — Adoption of Amend- 9000-AL40) received June 16, 2010, pursuant to diplomatic relations, congratulating the Ro- ment to the Class Exemption for the Release 5 U.S.C. 801(a)(1)(A); to the Committee on manian people on their achievements as a of Claims and Extensions of Credit in Con- Oversight and Government Reform. great nation, and reaffirming the deep bonds nection With Litigation (PTE 2003-39) [Appli- 8194. A letter from the Acting Senior Pro- of trust and values between the United cation No. D-11337] received June 15, 2010, curement Executive, General Services Ad- States and Romania, a trusted and most val- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ministration, transmitting the Administra- ued ally; to the Committee on Foreign Af- mittee on Education and Labor. tion’s final rule — Federal Acquisition Regu- fairs. 8184. A letter from the Administrator, U.S. lation; Federal Acquisition Circular 2005-42; Small Entity Compliance Guide [Docket f Energy Information Administration, Depart- ment of Energy, transmitting the Adminis- FAR 2010-0077, Sequence 4] received June 16, SENATE ENROLLED JOINT tration’s report entitled, ‘‘Annual Energy 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the RESOLUTION SIGNED Outlook 2010’’; to the Committee on Energy Committee on Oversight and Government and Commerce. Reform. The Speaker announced her signa- 8185. A letter from the Secretary, Depart- 8195. A letter from the Acting Senior Pro- ture to an enrolled joint resolution of ment of Health and Human Services, trans- curement Executive, General Services Ad- the Senate of the following title: mitting Report to Congress: Tobacco Preven- ministration, transmitting the Administra- S.J. Res. 33. Joint resolution to provide for tion and Control Activities in the United tion’s final rule — Federal Acquisition Regu- the reconsideration and revision of the pro- States, 2005-2007, pursuant to Public Law 98- lation; Federal Acquisition Circular 2005-42; posed constitution of the United States Vir- 474, section 3(c); to the Committee on Energy Introduction [Docket FAR 2010-0076, Se- gin Islands to correct provisions inconsistent and Commerce. quence 4] received June 16, 2010, pursuant to with the Constitution and Federal law. 8186. A letter from the Division Chief, CPD, 5 U.S.C. 801(a)(1)(A); to the Committee on WCB, Federal Communications Commission, Oversight and Government Reform. f transmitting the Commission’s final rule — 8196. A letter from the Acting Senior Pro- ADJOURNMENT Local Number Portability Porting Interval curement Executive, General Services Ad- and Validation Requirements [WC Docket ministration, transmitting the Administra- Mr. GOHMERT. Mr. Speaker, I move No.: 07-244] Telephone Number Portability tion’s final rule — Federal Acquisition Regu- that the House do now adjourn. [CC Docket No.: 95-116] received June 15, 2010, lation; FAR Case 2009-012, American Recov- The motion was agreed to; accord- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ery and Reinvestment Act (the Recovery ingly (at midnight), the House ad- mittee on Energy and Commerce. Act) of 2009—Whistleblower Protections

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 12507 [FAC 2005-42; FAR Case 2009-012; Item I; the Inspector General’s semiannual report to Service, transmitting the Service’s final rule Docket 2009-0009, Sequence 1] (RIN: 9000- Congress for the reporting period April 1, — Request for Comments: Modification to AL19) received June 16, 2010, pursuant to 5 2009 through September 30, 2010, pursuant to the Regulations Under Section 382 Regarding U.S.C. 801(a)(1)(A); to the Committee on Section 5(b) of the Inspector General Act of the Treatment of Shareholders Who Are Not Oversight and Government Reform. 1978; to the Committee on Oversight and 5-Percent Shareholders [Notice 2010-49] re- 8197. A letter from the Acting Senior Pro- Government Reform. ceived June 16, 2010, pursuant to 5 U.S.C. curement Executive, General Services Ad- 8205. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Ways and ministration, transmitting the Administra- fice of Sustainable Fisheries, NMFS, Na- Means. tion’s final rule — Federal Acquisition Regu- tional Oceanic and Atmospheric Administra- 8214. A letter from the Chief, Publications lation; FAR Case 2005-040, Electronic Sub- tion, transmitting the Administration’s final and Regulations Branch, Internal Revenue contracting Reporting System (eSRS) [FAC rule — Fisheries of the Northeastern United Service, transmitting the Service’s final rule 2005-42; FAR Case 2005-040; Item II; Docket States; Northeast Multispecies Fishery; Re- — Section 382(I)(3)(C) [Notice 2010-50] re- 2008-0001, Sequence 26] (RIN: 9000-AK95) re- ductions to Trip Limits for Five Groundfish ceived June 16, 2010, pursuant to 5 U.S.C. ceived June 16, 2010, pursuant to 5 U.S.C. Stocks [Docket No.: 0910051338-0151-02] (RIN: 801(a)(1)(A); to the Committee on Ways and 801(a)(1)(A); to the Committee on Oversight 0648-XW52) received June 17, 2010, pursuant Means. and Government Reform. to 5 U.S.C. 801(a)(1)(A); to the Committee on 8215. A letter from the Chief, Publications 8198. A letter from the Acting Senior Pro- Natural Resources. and Regulations Branch, Internal Revenue curement Executive, General Services Ad- 8206. A letter from the Deputy Assistant Service, transmitting the Service’s final rule ministration, transmitting the Administra- Administrator for Operations, NMFS, Na- — Indoor Tanning Services; Cosmetic Serv- tion’s final rule — Federal Acquisition Regu- tional Oceanic and Atmospheric Administra- ices; Excise Taxes [TD 9486] (RIN: 1545-BJ41) lation; FAR Case 2009-010, American Recov- tion, transmitting the Administration’s final received June 16, 2010, pursuant to 5 U.S.C. ery and Reinvestment Act of 2009 (the Recov- rule — Fisheries of the Northeastern United 801(a)(1)(A); to the Committee on Ways and ery Act) — Publicizing Contract Actions States; Northeast Multispecies Fishery; Re- Means. [FAC 2005-42; FAR Case 2009-010; Item III; visions to Framework Adjustment 44 to the 8216. A letter from the Chief, Publications Docket 2008-0010, Sequence 1] (RIN: 9000- Northeast Multispecies Fishery Management and Regulations Branch, Internal Revenue AL24) received June 16, 2010, pursuant to 5 Plan and Sector Annual Catch Entitlements: Service, transmitting the Service’s final rule U.S.C. 801(a)(1)(A); to the Committee on Updated Annual Catch Limits for Sectors — Prevention of Over-Withholding and U.S. Oversight and Government Reform. and the Common Pool for Fishing Year 2010 Tax Avoidance With Respect to Certain Sub- 8199. A letter from the Acting Senior Pro- [Docket No.: 0910051338-0167-03] (RIN: 0648- stitute Divided Payments [Notice 2010-46] re- curement Executive, General Services Ad- AY29) received June 17, 2010, pursuant to 5 ceived June 16, 2010, pursuant to 5 U.S.C. ministration, transmitting the Administra- U.S.C. 801(a)(1)(A); to the Committee on Nat- 801(a)(1)(A); to the Committee on Ways and tion’s final rule — Federal Acquisition Regu- ural Resources. Means. lation; FAR Case 2008-003, Public Disclosure 8207. A letter from the Attorney General, of Justification and Approval Documents for Department of Justice, transmitting letter f Noncompetitive Contracts — Section 844 of advising of the Department’s decision not to REPORTS OF COMMITTEES ON the National Defense Authorization Act for petition the Supreme Court to review the Fiscal Year 2008 [FAC 2005-42; FAR Case 2005- case SpeechNow.org v. FEC, Nos. 08-5223 and PUBLIC BILLS AND RESOLUTIONS 003; Item IV; Docket 2008-0001, Sequence 27] 09-5342 (D.C. Cir), pursuant to 28 U.S.C. 530D; Under clause 2 of rule XIII, reports of (RIN: 9000-AL13) received June 16, 2010, pur- to the Committee on the Judiciary. committees were delivered to the Clerk suant to 5 U.S.C. 801(a)(1)(A); to the Com- 8208. A letter from the Paralegal Spe- for printing and reference to the proper mittee on Oversight and Government Re- cialist, Department of Transportation, trans- calendar, as follows: form. mitting the Department’s final rule — Air- 8200. A letter from the Acting Senior Pro- worthiness Directives; GA 8 Airvan (Pty) Ltd Mr. PERLMUTTER: Committee on Rules. curement Executive, General Services Ad- Models GA8 and GA8-TC320 Airplanes [Dock- House Resolution 1490. Resolution providing ministration, transmitting the Administra- et No.: FAA-2010-0463; Directorate Identifier for consideration of the conference report to tion’s final rule — Federal Acquisition Regu- 2010-CE-021-AD; Amendment 39-16280; AD accompany the bill (H.R. 4173) to provide for lation; FAR Case 2008-007, Additional Re- 2010-10-01] (RIN: 2120-AA64) received June 16, financial regulatory reform, to protect con- quirements for Market Research [FAC 2005- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the sumers and investors, to enhance Federal un- 42; FAR Case 2008-007; Item V; Docket 2010- Committee on Transportation and Infra- derstanding of insurance issues, to regulate 0086, Sequence 1] (RIN: 9000-AL50) received structure. the over-the-counter derivatives markets, June 16, 2010, pursuant to 5 U.S.C. 8209. A letter from the General Counsel, and for other purposes (Rept. 111–518). Re- 801(a)(1)(A); to the Committee on Oversight National Mediation Board, transmitting the ferred to the House Calendar. and Government Reform. Board’s final rule — Representation Election Mr. CARDOZA: Committee on Rules. 8201. A letter from the Acting Senior Pro- Procedure [Docket No.: C-6964] (RIN: 3140- House Resolution 1495. Resolution providing curement Executive, General Services Ad- ZA00) received June 16, 2010, pursuant to 5 for consideration of the bill (H.R. 5618) to ministration, transmitting the Administra- U.S.C. 801(a)(1)(A); to the Committee on continue Federal unemployment programs, tion’s final rule — Federal Acquisition Regu- Transportation and Infrastructure. and waiving a requirement of clause 6(a) of lation; FAR Case 2009-014, New Designated 8210. A letter from the Chief, Publications rule XIII with respect to consideration of Country-Taiwan [FAC 2005-42; FAR Case 2009- and Regulations Branch, Internal Revenue certain resolutions reported from the Com- 014; Item VII; Docket 2009-0027, Sequence 1] Service, transmitting the Service’s final rule mittee on Rules (Rept. 111–519). Referred to (RIN: 9000-AL34) received June 16, 2010, pur- — Research Credit — Intra-Group Receipts the House Calendar. suant to 5 U.S.C. 801(a)(1)(A); to the Com- from Foreign Affiliates (UIL NO.: 41.51-11) re- Mr. CARDOZA: Committee on Rules. mittee on Oversight and Government Re- ceived June 16, 2010, pursuant to 5 U.S.C. House Resolution 1496. Resolution waiving a form. 801(a)(1)(A); to the Committee on Ways and requirement of clause 6(a) of rule XIII with 8202. A letter from the Acting Senior Pro- Means. respect to consideration of certain resolu- curement Executive, General Services Ad- 8211. A letter from the Chief, Publications tions reported from the Committee on Rules ministration, transmitting the Administra- and Regulations Branch, Internal Revenue (Rept. 111–520). Referred to the House Cal- tion’s final rule — Federal Acquisition Regu- Service, transmitting the Service’s final rule endar. lation; FAR Case 2009-011, American Recov- — Interest and Penalty Suspension Provi- Mr. CONYERS: Committee on the Judici- ery and Reinvestment Act of 2009 (Recovery sions Under Section 6404(g) of the Internal ary. H.R. 5503. A bill to revise laws regarding Act) — GAO/IG Access [FAC 2005-42; FAR Revenue Code [TD 9488] (RIN: 1545-BE07) re- liability in certain civil actions arising from Case 2009-011; Item VI; Docket 2009-0012, Se- ceived June 16, 2010, pursuant to 5 U.S.C. maritime incidents, and for other purposes; quence 1] (RIN: 9000-AL20) received June 16, 801(a)(1)(A); to the Committee on Ways and with an amendment (Rept. 111–521, Pt. 1). Re- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Means. ferred to the Committee of the Whole House Committee on Oversight and Government 8212. A letter from the Chief, Publications on the state of the Union. Reform. and Regulations Branch, Internal Revenue DISCHARGE OF COMMITTEE 8203. A letter from the Director of Legisla- Service, transmitting the Service’s final rule Pursuant to clause 2 of rule XIII, the tive Affairs, Office of the Director of Na- — Built-in Gains and Losses under Section Committee on Transportation and In- tional Intelligence, transmitting a report 382(h) [TD 9487] (RIN: 1545-BG03) received frastructure discharged from further pursuant to the Federal Vacancies Reform June 16, 2010, pursuant to 5 U.S.C. Act of 1998; to the Committee on Oversight 801(a)(1)(A); to the Committee on Ways and consideration. H.R. 5503 referred to the and Government Reform. Means. Committee of the Whole House on the 8204. A letter from the Chairman, Pension 8213. A letter from the Chief, Publications state of the Union and ordered to be Benefit Gauranty Corporation, transmitting and Regulations Branch, Internal Revenue printed.

VerDate Mar 15 2010 13:11 Jul 23, 2013 Jkt 089102 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\BR10\H30JN0.003 H30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12508 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 9 June 30, 2010 PUBLIC BILLS AND RESOLUTIONS ment Reform, and Energy and Commerce, for H.R. 5655. A bill to designate the Little a period to be subsequently determined by River Branch facility of the United States Under clause 2 of rule XII, public the Speaker, in each case for consideration Postal Service located at 140 NE 84th Street bills and resolutions of the following of such provisions as fall within the jurisdic- in Miami, Florida, as the ‘‘Jesse J. McCrary, titles were introduced and severally re- tion of the committee concerned. Jr. Post Office’’; to the Committee on Over- ferred, as follows: By Mr. BILIRAKIS: sight and Government Reform. By Mr. BUYER: H.R. 5648. A bill to amend title 38, United By Ms. MOORE of Wisconsin (for her- H.R. 5641. A bill to amend title 38, United States Code, to reinstate criminal penalties self, Mr. STARK, Mr. CONYERS, Mr. States Code, to authorize the Secretary of for persons charging veterans unauthorized MEEKS of New York, Mr. FILNER, Ms. Veterans Affairs to enter into contracts for fees; to the Committee on Veterans’ Affairs, KILPATRICK of Michigan, Ms. LEE of the transfer of veterans to non-Department and in addition to the Committee on the Ju- California, Mr. SERRANO, Mr. HAS- adult foster homes for veterans who are un- diciary, for a period to be subsequently de- TINGS of Florida, Mr. CLAY, Ms. able to live independently; to the Committee termined by the Speaker, in each case for FUDGE, Mr. SCOTT of Virginia, Mr. on Veterans’ Affairs. consideration of such provisions as fall with- GRIJALVA, Mr. OLVER, Ms. WATSON, By Mr. FILNER (for himself and Mr. in the jurisdiction of the committee con- Mr. BRADY of Pennsylvania, and Mr. cerned. BUYER): DAVIS of Illinois): H.R. 5642. A bill to codify increases in the By Mr. BOUCHER (for himself and Mr. H.R. 5656. A bill to amend the American rates of pension for disabled veterans and SMITH of Texas): Recovery and Reinvestment Act of 2009 to H.R. 5649. A bill to promote neutrality, surviving spouses and children that were ef- extend the period for which certain nutrition simplicity, and fairness in the taxation of fective as of December 1, 2009; to the Com- assistance may be provided under the Food digital goods and digital services; to the mittee on Veterans’ Affairs. and Nutrition Act of 2008; to the Committee Committee on the Judiciary. By Mr. DEFAZIO (for himself, Mr. on Agriculture. By Mr. BRADY of Texas (for himself, CAMPBELL, Mr. GEORGE MILLER of By Mr. QUIGLEY: Mr. ORTIZ, Mr. DEUTCH, Mr. YOUNG of H.R. 5657. A bill to amend the Outer Conti- California, Mr. GRIJALVA, Mr. HIN- Florida, Mr. REICHERT, Mr. DANIEL E. nental Shelf Lands Act to ensure that pro- CHEY, Mr. MORAN of Virginia, Mr. LUNGREN of California, Mr. GRAVES of tection of the marine and coastal environ- MCGOVERN, Mrs. MALONEY, Ms. Missouri, Mrs. BLACKBURN, Mr. ment is of primary importance in making MCCOLLUM, Mr. TIERNEY, Mr. SMITH BUCHANAN, Mr. SCALISE, Mr. OLSON, areas of the outer Continental Shelf avail- of Washington, and Mr. KUCINICH): Ms. JENKINS, and Mrs. CAPITO): able for leasing, exploration, and develop- H.R. 5643. A bill to amend the Toxic Sub- H.R. 5650. A bill to extend the National ment rather than expeditious development of stances Control Act to prohibit the use, pro- Flood Insurance Program to May 31, 2011; to oil and gas resources, to prohibit oil and gas duction, sale, importation, or exportation of the Committee on Financial Services. leasing, exploration, and development in im- the poison sodium fluoroacetate (known as By Ms. HERSETH SANDLIN: portant ecological areas of the outer Conti- ‘‘Compound 1080’’) and to prohibit the use of H.R. 5651. A bill to designate the Federal nental Shelf, and for other purposes; to the sodium cyanide for predator control; to the building and United States courthouse lo- Committee on Natural Resources. Committee on Energy and Commerce, and in cated at 515 9th Street in Rapid City, South By Mr. EHLERS (for himself and Mr. addition to the Committee on the Judiciary, Dakota, as the ‘‘Andrew W. Bogue Federal DICKS): for a period to be subsequently determined Building and United States Courthouse’’; to H. Con. Res. 292. Concurrent resolution by the Speaker, in each case for consider- the Committee on Transportation and Infra- supporting the goals and ideals of National ation of such provisions as fall within the ju- structure. Aerospace Week, and for other purposes; to risdiction of the committee concerned. By Mrs. MALONEY (for herself, Mr. the Committee on Science and Technology. By Mr. BLUMENAUER (for himself, GRIJALVA, Mrs. CAPPS, Mr. MORAN of By Mr. PERLMUTTER: Mr. HOLT, Mr. QUIGLEY, Ms. LEE of Virginia, Mr. MCGOVERN, Mr. FARR, H. Con. Res. 293. Concurrent resolution California, Mr. HINCHEY, Mr. WELCH, Ms. LEE of California, Ms. BALDWIN, providing for a conditional adjournment of Ms. SCHAKOWSKY, Mr. MORAN of Vir- Ms. MOORE of Wisconsin, Mrs. DAVIS the House of Representatives and a condi- ginia, Ms. GIFFORDS, Ms. PINGREE of of California, Ms. SCHAKOWSKY, and tional recess or adjournment of the Senate; Maine, Mr. CARNAHAN, Mr. COHEN, Mr. KUCINICH): considered and agreed to. Mr. TONKO, Mr. POLIS, and Mr. H.R. 5652. A bill to direct the Federal Trade By Mr. PERRIELLO (for himself, Mr. MCDERMOTT): Commission to prescribe rules prohibiting SHULER, Mr. BOUCHER, Mr. CONNOLLY H.R. 5644. A bill to amend the Internal Rev- deceptive advertising of abortion services; to of Virginia, Mr. GOODLATTE, Mr. enue Code of 1986 to repeal fossil fuel sub- the Committee on Energy and Commerce. MORAN of Virginia, Mr. NYE, Mr. sidies for large oil companies; to the Com- By Mr. MCCLINTOCK (for himself and WITTMAN, Mr. WOLF, Mr. PRICE of mittee on Ways and Means. Ms. MATSUI): North Carolina, Mr. MILLER of North By Mr. NUNES (for himself, Mr. H.R. 5653. A bill to authorize the Secretary Carolina, Mr. KISSELL, Ms. FOXX, Mr. MCCARTHY of California, Mr. HERGER, of the Interior to acquire the Gold Hill MCHENRY, Mr. COBLE, and Mr. MCIN- Mr. BISHOP of Utah, Mr. CHAFFETZ, Ranch in Coloma, California; to the Com- TYRE): Mr. ROGERS of Kentucky, Mr. BURTON mittee on Natural Resources. H. Con. Res. 294. Concurrent resolution of Indiana, Mr. LEWIS of California, By Mr. MCDERMOTT (for himself, Mr. commemorating the 75th Anniversary of the Mr. MICA, Mr. DUNCAN, Mr. HUNTER, ISRAEL, Mr. LANGEVIN, Mr. CONNOLLY Blue Ridge Parkway; to the Committee on and Mr. REHBERG): of Virginia, Mr. HIMES, Ms. SUTTON, Natural Resources. H.R. 5645. A bill to require the Director of Mr. HINCHEY, Mr. BLUMENAUER, and By Mr. KING of New York: National Drug Control Policy to develop a Mr. LEWIS of Georgia): H. Res. 1489. A resolution calling for an Federal Lands Counterdrug Strategy and to H.R. 5654. A bill to amend the Workforce independent international investigation of provide for enhanced penalties for certain Investment Act of 1998 to provide oil spill re- the April 10, 2010, plane crash in Russia that drug offenses on Federal lands; to the Com- lief employment, and for other purposes; to killed Poland’s president Lech Kaczynski mittee on the Judiciary, and in addition to the Committee on Education and Labor, and and 95 other individuals; to the Committee the Committees on Natural Resources, Agri- in addition to the Committee on Transpor- on Foreign Affairs. culture, and Energy and Commerce, for a pe- tation and Infrastructure, for a period to be By Mr. WILSON of South Carolina (for riod to be subsequently determined by the subsequently determined by the Speaker, in himself, Mr. INGLIS, Mr. CONAWAY, Speaker, in each case for consideration of each case for consideration of such provi- Ms. ROS-LEHTINEN, Mr. DUNCAN, Mr. such provisions as fall within the jurisdic- sions as fall within the jurisdiction of the CANTOR, Ms. FOXX, Mr. BROWN of tion of the committee concerned. committee concerned. South Carolina, Mr. BARRETT of By Mr. COHEN: By Mr. MEEK of Florida (for himself, South Carolina, Mr. SPRATT, Ms. H.R. 5646. A bill to designate the FAA Air Mr. BOYD, Ms. CORRINE BROWN of BORDALLO, Mr. INSLEE, Mr. ROE of Control Tower located at Memphis Inter- Florida, Ms. GINNY BROWN-WAITE of Tennessee, and Mr. WESTMORELAND): national Airport as the Freedom Tower; to Florida, Mr. BUCHANAN, Ms. CASTOR H. Res. 1491. A resolution congratulating the Committee on Transportation and Infra- of Florida, Mr. CRENSHAW, Mr. LIN- the University of South Carolina Gamecocks structure. COLN DIAZ-BALART of Florida, Mr. on winning the 2010 NCAA Division I College By Mr. HELLER: MARIO DIAZ-BALART of Florida, Mr. World Series; to the Committee on Edu- H.R. 5647. A bill to provide a temporary ex- GRAYSON, Mr. HASTINGS of Florida, cation and Labor. tension of unemployment insurance, and for Mr. KLEIN of Florida, Ms. KOSMAS, By Mr. SPRATT: other purposes; to the Committee on Ways Mr. MACK, Mr. MICA, Mr. MILLER of H. Res. 1492. A resolution providing for and Means, and in addition to the Commit- Florida, Mr. POSEY, Mr. PUTNAM, Mr. budget enforcement for fiscal year 2011; to tees on Appropriations, Education and ROONEY, Ms. ROS-LEHTINEN, and Ms. the Committee on the Budget, and in addi- Labor, the Budget, Oversight and Govern- WASSERMAN SCHULTZ): tion to the Committee on Rules, for a period

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to be subsequently determined by the Speak- H.R. 3286: Mr. GEORGE MILLER of California H.R. 5482: Mr. CONNOLLY of Virginia and er, in each case for consideration of such pro- and Mr. GONZALEZ. Mr. WHITFIELD. visions as fall within the jurisdiction of the H.R. 3307: Mr. KINGSTON. H.R. 5503: Mr. HOLT, Mr. PAYNE, Mrs. committee concerned. H.R. 3310: Mr. WILSON of South Carolina. MALONEY, Mr. SHERMAN, and Ms. HIRONO. By Mr. SPRATT: H.R. 3470: Ms. MCCOLLUM. H.R. 5510: Mr. GRIJALVA, Mr. STARK, and H. Res. 1493. A resolution providing for H.R. 3586: Mr. GUTHRIE. Mr. KUCINICH. budget enforcement for fiscal year 2011; to H.R. 3630: Mr. CONNOLLY of Virginia. H.R. 5527: Mr. RAHALL. the Committee on the Budget, and in addi- H.R. 3646: Mr. PRICE of North Carolina. H.R. 5529: Ms. GINNY BROWN-WAITE of Flor- tion to the Committee on Rules, for a period H.R. 3729: Mr. HONDA, Mr. CONNOLLY of Vir- ida, Mr. CONNOLLY of Virginia, Mr. DJOU, and to be subsequently determined by the Speak- ginia, and Mr. MOORE of Kansas. Mr. BISHOP of Georgia. er, in each case for consideration of such pro- H.R. 3734: Ms. MATSUI. H.R. 5530: Mr. SABLAN. visions as fall within the jurisdiction of the H.R. 3753: Ms. CHU. H.R. 5537: Mr. SABLAN. committee concerned. H.R. 3781: Mr. MURPHY of New York. H.R. 5538: Mr. BISHOP of Utah, Mr. By Ms. SUTTON (for herself, Mr. POM- H.R. 3813: Ms. CORRINE BROWN of Florida. CHAFFETZ, Mr. ISSA, and Mr. PITTS. EROY, Mr. VAN HOLLEN, Mr. PLATTS, H.R. 4148: Ms. PINGREE of Maine. H.R. 5540: Mr. BARTON of Texas, Mr. PITTS, Mr. PETRI, Mr. CHAFFETZ, Mr. RYAN H.R. 4190: Mr. CONNOLLY of Virginia. Ms. FALLIN, and Mr. BARTLETT. of Ohio, Mr. WILSON of Ohio, Mr. H.R. 4195: Ms. NORTON, Mr. TIERNEY, and H.R. 5541: Mr. BARTON of Texas, Mr. SAM LUETKEMEYER, Mr. KIRK, and Mr. Mr. PRICE of North Carolina. JOHNSON of Texas, Mr. PITTS, Ms. FALLIN, SPACE): H.R. 4306: Ms. WASSERMAN SCHULTZ. and Mr. BARTLETT. H. Res. 1494. A resolution congratulating H.R. 4337: Mr. TIBERI. H.R. 5542: Mr. SAM JOHNSON of Texas, Mr. the champion, finalists, and all other partici- H.R. 4427: Mr. COLE. BARTON of Texas, Mr. POE of Texas, Mr. pants in the 83rd Annual Scripps National H.R. 4466: Mr. ISSA and Mr. CONNOLLY of BARTLETT, Mr. OLSON, Mr. SHADEGG, Mr. Spelling Bee; to the Committee on Oversight Virginia. FRANKS of Arizona, Mr. LAMBORN, Mr. COFF- and Government Reform. H.R. 4469: Mr. RYAN of Ohio, Mr. SHUSTER, MAN of Colorado, Mr. PRICE of Georgia, Mr. By Mr. ROSKAM (for himself and Mr. Mrs. MCMORRIS RODGERS, Mrs. SCHMIDT, Mr. GINGREY of Georgia, Ms. FALLIN, Mr. FLAKE, QUIGLEY): WITTMAN, and Ms. GINNY BROWN-WAITE of and Mr. CULBERSON. H. Res. 1497. A resolution condemning the Florida. H.R. 5561: Mr. HONDA. inclusion of inflammatory and inaccurate H.R. 4541: Mr. MICA. H.R. 5564: Mr. LEE of New York, Mr. content in Iranian textbooks that is aimed H.R. 4594: Mrs. BIGGERT, Mr. MARKEY of MARCHANT, and Mr. ARCURI. at indoctrinating and radicalizing students Massachusetts, and Ms. KOSMAS. H.R. 5566: Mr. MATHESON. with anti-Israeli, anti-Semitic, and anti- H.R. 4678: Mr. TIM MURPHY of Pennsyl- H.R. 5568: Mr. SPACE, Mr. ARCURI, and Mr. Western sentiment and at restricting the vania. MCNERNEY. H.R. 5605: Mr. SHUSTER. rights of women; to the Committee on For- H.R. 4684: Mr. NEUGEBAUER. H.R. 5606: Mr. SHUSTER. eign Affairs. H.R. 4689: Ms. LINDA T. SA´ NCHEZ of Cali- fornia. H.R. 5610: Ms. ZOE LOFGREN of California. f H.R. 5614: Mr. CULBERSON. H.R. 4693: Mr. CHANDLER, Mr. HOLT, Ms. LO- H.R. 5615: Mr. CALVERT and Mr. ROHR- ADDITIONAL SPONSORS RETTA SANCHEZ of California, and Mr. WITT- ABACHER. MAN. Under clause 7 of rule XII, sponsors H.R. 5616: Mrs. MALONEY, Mr. DRIEHAUS, H.R. 4745: Mr. RODRIGUEZ. Ms. NORTON, Ms. CHU, Mr. CUELLAR, and Mr. were added to public bills and resolu- H.R. 4751: Ms. MARKEY of Colorado. DAVIS of Illinois. tions as follows: H.R. 4755: Mr. PAULSEN. H.R. 5628: Mr. COURTNEY. H.R. 39: Mr. LEVIN. H.R. 4756: Mr. DELAHUNT. H.R. 5636: Mr. MOORE of Kansas. H.R. 197: Mr. HODES. H.R. 4764: Mr. HALL of New York, Mr. CAL- H.J. Res. 61: Mr. MAFFEI. H.R. 208: Mr. PASTOR of Arizona and Mr. VERT, Mr. TEAGUE, and Mr. SCHOCK. H.J. Res. 81: Mr. MEEK of Florida and Mr. SCHOCK. H.R. 4846: Mr. ISRAEL. STARK. H.R. 213: Mr. DJOU. H.R. 4914: Mr. MICHAUD and Ms. ESHOO. H. Con. Res. 226: Ms. ZOE LOFGREN of Cali- H.R. 235: Mr. BONNER. H.R. 4925: Mrs. MALONEY. fornia, Mr. ROONEY, Mrs. MALONEY, Mr. LAR- H.R. 268: Mrs. MILLER of Michigan and Mr. H.R. 4947: Mr. CHANDLER and Mr. COLE. SON of Connecticut, Mr. WESTMORELAND, Mr. TIAHRT. H.R. 4986: Mr. BRADY of Pennsylvania and ISSA, Ms. CHU, and Ms. DELAURO. H.R. 305: Mr. MCMAHON. Ms. CHU. H. Con. Res. 259: Mr. MORAN of Virginia and H.R. 571: Ms. ROS-LEHTINEN. H.R. 5016: Mr. RADANOVICH, Mr. ROHR- Mr. MCMAHON. H.R. 613: Mr. MANZULLO. ABACHER, and Mr. BARRETT of South Caro- H. Con. Res. 266: Mr. BISHOP of New York H.R. 678: Mr. LYNCH. lina. and Mr. THOMPSON of Pennsylvania. H.R. 734: Mr. CLEAVER. H.R. 5029: Mr. BARRETT of South Carolina. H. Con. Res. 281: Mr. OLSON. H.R. 745: Mr. ALTMIRE. H.R. 5032: Mr. MCGOVERN. H. Con. Res. 283: Mr. GINGREY of Georgia, H.R. 795: Mr. SPRATT and Mr. MEEK of Flor- H.R. 5034: Mr. ROSKAM and Mr. PAYNE. Mr. LAMBORN, Mr. SABLAN, and Mr. RAHALL. ida. H.R. 5040: Mr. MCGOVERN, Mr. SCHAUER, H. Con. Res. 290: Mr. SABLAN. H.R. 840: Mr. ACKERMAN. Mr. BARTLETT, Ms. JACKSON LEE of Texas, H. Res. 111: Mr. MCINTYRE and Mr. ROGERS H.R. 1074: Mr. HODES. and Mr. SNYDER. of Michigan. H.R. 1079: Mr. MAFFEI. H.R. 5044: Mr. QUIGLEY. H. Res. 527: Mr. INGLIS, Mr. DELAHUNT, Mr. H.R. 1189: Mr. ARCURI. H.R. 5081: Mr. REICHERT and Mr. JOHNSON SKELTON, Mr. MEEK of Florida, Ms. FOXX, Mr. H.R. 1526: Mrs. BIGGERT. of Georgia. TOWNS, and Mr. MCMAHON. H.R. 1529: Mr. BLUMENAUER. H.R. 5097: Mr. CASTLE. H. Res. 528: Mr. INGLIS, Mr. DELAHUNT, Mr. H.R. 1646: Mr. HEINRICH. H.R. 5106: Mr. LEE of New York. SKELTON, Mr. MEEK of Florida, Ms. FOXX, Mr. H.R. 1689: Mr. CRITZ. H.R. 5111: Mr. BURTON of Indiana, Mr. TOWNS, and Mr. MCMAHON. H.R. 1691: Mr. CRITZ. GUTHRIE, Mr. TURNER, and Mr. CRITZ. H. Res. 637: Mr. BISHOP of Utah, Mrs. LUM- H.R. 1806: Mr. JOHNSON of Georgia, Mr. H.R. 5121: Mr. BLUMENAUER and Mr. PRICE MIS, Mr. POSEY, Mr. GINGREY of Georgia, Mr. HIMES, and Ms. GIFFORDS. of North Carolina. WESTMORELAND, and Mrs. MYRICK. H.R. 2000: Mr. HODES, Mr. HIMES, Mr. HAS- H.R. 5137: Mr. PITTS. H. Res. 1026: Mr. HOEKSTRA. TINGS of Florida, Mr. MEEKS of New York, H.R. 5211: Ms. MOORE of Wisconsin and Mr. H. Res. 1064: Mr. PRICE of North Carolina. Mr. DELAHUNT, Mr. LANGEVIN, Mr. HALL of CONNOLLY of Virginia. H. Res. 1226: Mr. GARY G. MILLER of Cali- New York, Mr. LARSON of Connecticut, Mr. H.R. 5268: Ms. HERSETH SANDLIN. fornia. HOLDEN, and Mr. JOHNSON of Illinois. H.R. 5300: Mrs. NAPOLITANO. H. Res. 1245: Mr. GARY G. MILLER of Cali- H.R. 2103: Ms. HERSETH SANDLIN. H.R. 5385: Ms. MARKEY of Colorado. fornia. H.R. 2104: Mr. HOLDEN. H.R. 5400: Mr. MEEK of Florida. H. Res. 1273: Mr. CALVERT. H.R. 2159: Ms. FUDGE and Ms. CHU. H.R. 5426: Mr. CAMP and Mr. SIMPSON. H. Res. 1311: Mrs. BLACKBURN. H.R. 2256: Mr. MOORE of Kansas, Mr. H.R. 5430: Mr. SABLAN. H. Res. 1326: Mr. SHERMAN, Mrs. HALVOR- TEAGUE, Mr. LINCOLN DIAZ-BALART of Flor- H.R. 5431: Mr. SABLAN. SON, Mr. SIRES, and Mr. PENCE. ida, Mr. CAPUANO, and Mr. CLAY. H.R. 5434: Mr. BRADY of Pennsylvania, Mr. H. Res. 1342: Mr. GENE GREEN of Texas. H.R. 2381: Mr. TIERNEY. HODES, and Ms. ESHOO. H. Res. 1378: Mr. GOHMERT, Ms. NORTON, H.R. 2579: Mr. CARSON of Indiana and Mr. H.R. 5460: Ms. WATSON and Mr. Mr. BERRY, and Mr. BARRETT of South Caro- RYAN of Ohio. FALEOMAVAEGA. lina. H.R. 2866: Mr. WOLF. H.R. 5462: Ms. SLAUGHTER and Mr. BARROW. H. Res. 1379: Ms. SPEIER and Mr. MCGOV- H.R. 2910: Mr. TIBERI. H.R. 5471: Ms. MOORE of Wisconsin. ERN.

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H. Res. 1401: Mr. BOOZMAN, Mr. RAHALL, H. Res. 1433: Mr. LATHAM, Mr. BARROW, PER, Mr. GALLEGLY, Mr. DAVIS of Kentucky, Mrs. NAPOLITANO, Ms. TITUS, Mr. TONKO, Ms. Mrs. MCCARTHY of New York, Mr. YOUNG of Ms. BORDALLO, Mr. HUNTER, Mr. COHEN, Mr. NORTON, Mr. PATRICK J. MURPHY of Pennsyl- Florida, Mr. EHLERS, and Ms. MATSUI. BISHOP of Georgia, Ms. RICHARDSON, Mrs. vania, Mr. BOCCIERI, Mr. EHLERS, Mr. DOYLE, H. Res. 1452: Ms. EDWARDS of Maryland. EMERSON, Mr. MARSHALL, Mr. MCINTYRE, Mr. Ms. FALLIN, Mr. PETRI, Mr. COBLE, Mr. TIM H. Res. 1471: Mr. LATTA. LANCE, Mr. FORBES, Mr. MILLER of Florida, MURPHY of Pennsylvania, Mr. SCHOCK, Mr. H. Res. 1474: Mr. OBERSTAR and Mr. ARCURI, Mr. ROSS, and Mr. HINCHEY. SABLAN. Mr. MARIO DIAZ-BALART of Florida, Mr. H. Res. 1402: Mr. DELAHUNT. H. Res. 1483: Mr. BARROW, Mr. TAYLOR, Mr. SCOTT of Georgia, Mr. BRADY of Pennsyl- H. Res. 1412: Mr. SNYDER. WHITFIELD, Mr. INGLIS, Mr. LARSON of Con- vania, Mr. MCKEON, Mr. SNYDER, Mr. LAN- H. Res. 1420: Mr. COHEN, Mr. KIRK, and Mr. necticut, Mr. LEWIS of California, Mr. GEVIN, Mr. TURNER, Mr. REICHERT, Ms. DELAHUNT. GARAMENDI, Mr. BARRETT of South Carolina, WASSERMAN SCHULTZ, Mr. THORNBERRY, Mr. H. Res. 1431: Mr. LATTA, Mr. MCCLINTOCK, Mr. CARTER, Mr. CAO, Mr. ORTIZ, Mrs. KIRK- HINCHEY, Mr. BUYER, and Mr. FORTENBERRY. Mr. CLEAVER, and Mr. FRANKS of Arizona. PATRICK of Arizona, Mr. CONAWAY, Mr. HAR-

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RECOGNIZING THE SWINNEY FAM- rifice, and uncommon acts of heroism. They Business registration process in place. The ILY AS BENTON COUNTY FARM make each of us so very proud. law that created this existing database re- FAMILY OF THE YEAR Aristotle said, ‘‘Men acquire a particular quires the Secretary of Veterans Affairs to quality by constantly acting a particular way make the database available to all federal de- HON. JOHN BOOZMAN . . . you become just, by performing just ac- partments and agencies and to notify each de- OF ARKANSAS tions . . . brave by performing brave actions.’’ partment and agency of the availability of the We owe an enormous debt of gratitude to, IN THE HOUSE OF REPRESENTATIVES database. To ensure a Veteran Owned Small and have great respect and deep admiration Business is eligible a state would simply check Tuesday, June 29, 2010 for, the 23 million men and women across that the business is registered with the Vet- Mr. BOOZMAN. Madam Speaker, I rise America, who wore a military uniform in serv- erans Administration—saving time and money today to recognize the Swinney family, for the ice to these great United States. for all involved. honor and recognition of being named the Madam Speaker, for 34 years I have been This bill does not interfere with Disadvan- Benton County Family Farm of the Year. privileged to represent the people of southern taged Business Enterprise (DBE) contracting For more than 60 years the Arkansas Farm West Virginia, and it is with humble sincerity I goals currently ensconced in federal transpor- Family of the Year Program has honored farm say, our Nation’s veterans are never far from tation law—in fact, it is my hope that the many families all across the state for their out- my mind. women and minority veteran’s small business standing work both on their farms and in their There are 170,783 Veterans in my State of owners will benefit from this opportunity. This communities. Recognition from the program is West Virginia—51,500 in my Congressional Veterans preference would not create any new a reflection of the contribution to agriculture at District alone—and that number is growing eligibility requirements for the DBE program the community and state level and its implica- every day. and it would not infringe upon the importance tions for improved farm practices and manage- I am disheartened that our Veterans—the that Congress has repeatedly placed on the ment. Defenders of our Freedom and American Way DBE program. Kent Swinney, with the help of his wife of Life—have given so much to their fellow Madam Speaker, from the battlefield to the Carol and their three children Troy, Dwayne Americans; yet, they face many hardships in marketplace, our veterans—America’s patri- and Brandon, run a soybean, green bean, cat- their return to civilian life. ots—exemplify sacrifice and commitment to tle, and Bermuda hay farm in Gentry, Arkan- In a Nation such as ours, it is a stunning re- duty. sas. ality that today our brothers and sisters who I urge my colleagues to vote for The Com- Mr. Swinney has devoted his life to farming, have served around the globe to preserve de- merce for Defenders Act of 2010—so that we spending his childhood on the farm with his fa- mocracy and promote freedom, are struggling may respectfully and gratefully fulfill our duty ther and grandfather and I am pleased to see with life in their home towns. Our Veterans re- to support our Veterans—and, in one small he is passing along his passion to future gen- turning from Iraq and Afghanistan are currently part, to acknowledge the great sacrifice so erations of Arkansas farmers. faced with a 21 percent unemployment rate. many have so willingly made for all of us. Arkansas is proud of the Swinney family for Creating a Veterans’ preference in the f their commitment to farming and their commit- Transportation sector is very simple. It seeks HONORING THE DEDICATION AND ment to farming as a family. This honor re- to give America’s veterans an opportunity ad- LEADERSHIP OF LINDA SUTHER- flects the family’s dedication to farming and vantage in the contracting process for their LAND the importance of farming as Arkansas’s num- service to our country—a means to attach im- ber one industry. I wish them continued suc- portance and to acknowledge our fellow Amer- icans who have put their life on the line to pre- HON. ALAN GRAYSON cess in their future endeavors and look for- OF FLORIDA serve our way of life. ward to the contributions they will offer in the IN THE HOUSE OF REPRESENTATIVES future of Arkansas agriculture. The propensity of this bill is at the same Tuesday, June 29, 2010 f enormous and reasonable. The number of Veteran owned businesses Mr. GRAYSON. Madam Speaker, I rise COMMERCE FOR DEFENDERS ACT available to contract in the transportation con- today to recognize the dedication and commu- OF 2010 struction industry would be quite small in com- nity leadership of Linda Sutherland in honor of parison to the potential $500 billion authoriza- Children’s Awareness Month. As executive di- HON. NICK J. RAHALL II tion bill proposed by Chairman OBERSTAR. rector of the Orange County Healthy Start Co- OF WEST VIRGINIA However, for Veterans who have returned alition, Mrs. Sutherland helps provide nutri- IN THE HOUSE OF REPRESENTATIVES home from deployment; who are trying to put tional education and counseling services to their life and families back on track; who have pregnant woman and mothers with infants in Tuesday, June 29, 2010 been plunged into the extremely competitive order to ensure healthy pregnancies and ba- Mr. RAHALL. Madam Speaker, today I rise marketplace—creating this preference is the bies. For 10 years, under Linda Sutherland’s on behalf of all of America’s Veterans and very least we can do and will make a dif- direction, new and expecting mothers in Cen- proudly introduce the Commerce for Defend- ference for many, many veterans. tral Florida have had access to support and ers Act of 2010—a bill to create a Veteran There is an exponential effect created by important resources that will ensure their child Owned Small Business Preference in the Sur- this preference, as Veterans are known to hire receives the highest quality of health care. face Transportation authorization—SAFETEA– other Veterans—spreading the potential ben- Children’s Awareness Month focuses on bring- LU, and set the precedent for continuing this efit beyond prime contractors on to sub- ing attention to the emotional, physical, and important preference in the upcoming author- contractors and employees, as well as those mental health needs of our children and youth. ization. who provide products and services to them— Linda Sutherland’s leadership with the Healthy For more than two hundred years, brave such as truck drivers, mechanics, surveyors Start Coalition encourages the strengthening Americans have answered the call to serve and repair technicians, landscapers, brick- of maternal and child health by ensuring that our Nation at home and abroad, and my fellow layers, carpenters, and concrete and masonry all Florida families have access to a con- West Virginians have long been among the suppliers—and the list goes on. tinuum of affordable and quality health and re- first to report for duty. The bill will not burden states with lated services. Our Nation’s veterans are true American pa- verification processes, as the Veterans Admin- Mrs. Sutherland is a graduate of Marymount triots. Theirs is a proud story of service, sac- istration already has Veteran Owned Small College where she graduated with a degree in

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

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The daughter of Mi- loss across America and would place America and personal achievements and contributions. chael and Carmen Samuel Hodge, who them- in a behind the edge position as it relates to The Who’s Who of International Women, Or- selves are former members of the U.S. Virgin competitiveness in scientific research. NASA ange County Public Health, and the Florida Islands National Volleyball team, Megan who and the space industry are critical to Hous- School Board Association are just a few of the grew up in North Carolina, returns to the is- ton’s economic success in both the short and organizations who have recognized her out- lands for a much needed rest and relaxation. long term. According to the Bay Area Houston standing leadership and active involvement in Madam Speaker, I proudly rise to congratu- Economic Partnership, NASA accounts for the Central Florida community. Linda Suther- late Megan and her family on her achieve- nearly 16,800 direct federal jobs and serves land also serves as a peer reviewer for The ments on and off the volleyball court. She ex- as the engine for another 3,100 civilian jobs Maternal Child Health Journal and contributes emplifies the ideals of excellence that we all that together supply more than $2.5 billion in to the State of Florida March of Dimes Plan- wish will inspire other young people in the Vir- payroll into Houston’s regional economy. The ning Committee. gin Islands and around the country that hard Johnson Space Center is the primary location Madam Speaker, Mrs. Sutherland’s advo- work, dedication and a commitment of being for training astronauts for spaceflights and this cacy on behalf of women and children in the nothing less than the best is the standard that move; yet, the proposed budget will effectively Central Florida community simply cannot be we all should live by. cancel America’s human spaceflight program. In his statement announcing NASA’s budg- measured. Throughout the last 25 years, Mrs. f Sutherland has demonstrated that a single et, Administrator Bolden stressed that changes person can make a difference in many lives. DESIGNATING THE NATIONAL in the FY 2011 budget would be ‘‘good for The Healthy Start Coalition transforms families AERONAUTICS AND SPACE AD- NASA, great for the American workforce, and every day by working together to reducing in- MINISTRATION (NASA) AS A NA- essential for our nation’s future prosperity.’’ fant mortality and low birth weight babies. It TIONAL SECURITY INTEREST Madame Speaker, while I seek the same ob- gives me pleasure to honor Mrs. Linda Suther- AND ASSET jectives, I strongly disagree with the closing of land who deserves this recognition for her in- this project and I believe it will hurt America’s credibly charitable work and philanthropy in HON. SHEILA JACKSON LEE scientific progress. Additionally, the aerospace industry would lose as many as 20,000– the Central Florida community. OF TEXAS 30,000 jobs nationally in either of these sce- f IN THE HOUSE OF REPRESENTATIVES narios. CONGRATULATING VOLLEYBALL Tuesday, June 29, 2010 Given our current economic downturn, we STAND-OUT MEGAN C. HODGE ON Ms. JACKSON LEE of Texas. Madam cannot take the possibility of these job losses HER ACCOMPLISHMENT ON THE Speaker, I join my colleagues in strong sup- lightly and the Johnson Space Center is just U.S. NATIONAL TEAM port of NASA programs across the country, one example of what the cancellation of this and I share their concerns regarding the ad- program would do to other NASA centers na- HON. DONNA M. CHRISTENSEN ministration’s proposal to cancel NASA’s Con- tionally. It will take years for the commercial OF THE VIRGIN ISLANDS stellation Program, which includes the Orion spaceflight industry to get up to speed to IN THE HOUSE OF REPRESENTATIVES Crew Capsule, the Altair Lunar Lander, and reach the level of competence that exists at Tuesday, June 29, 2010 the Ares I and Ares V rockets. NASA today. Our government has already invested lit- These programs, which together comprise Mrs. CHRISTENSEN. Madam Speaker, I erally years and billions of dollars into this pro- our human spaceflight program, were author- rise today to recognize a talented young Virgin gram. We should build upon these invest- ized in both 2005 and 2008 by Republican Islander, Megan C. Hodge, a member of the ments and not abandon them. Our country and Democratic Congresses respectively. It is U.S. National Volleyball Team and a senior can support the commercial spaceflight indus- under the Constellation program that NASA is member of Penn State University Nittany try, but not at the expense of our human currently developing new launch vehicles and Lions who was recently named the 2010 Penn spaceflight program, which for years has in- State Female Athlete of the Year and was spacecraft capable of travel to the moon, Mars spired future generations and driven tech- also a co-winner of the prestigious Honda- and other destinations. Not only does cancel- nology that enhances our quality of life. This Broderick Cup, awarded to the Top Collegiate ling the Constellation Program jeopardize technology is crucial to our national security. Woman Athlete in the country. Megan is the America’s leadership role in human space ex- NASA conducts aeronautics research to ad- first Penn State University student athlete to ploration, but it will have detrimental effects on dress aviation safety, air traffic control, noise win the Honda-Broderick award in the school’s our economy and national security. and, emissions reductions and fuel efficiency. 155 year history. Megan, who is an outside Take, for example, the Johnson Space Cen- NASA’s contribution to our knowledge of air hitter led the Penn State Nittany Lions to an ter in Houston, Texas. The Johnson Space and water supports improved decision making unprecedented third straight NCAA title in De- Center has the lead to manage the Constella- for natural resource management and emer- cember 2009, the crowning moment of a 102- tion Program and several of its major ele- gency response, thus enabling us to better re- match winning streak. She was named the ments, including the Orion Crew Exploration spond to future homeland security threats. 2009 American Volleyball Coaches Associa- Vehicle and the Altair Lunar Lander. Without Knowledge of Earth’s water cycle is a crit- tion Division I National Player of the Year, Col- Constellation, the Johnson Space Center ical first step in protecting our water supply; lege Sports Information Directors of America could lose anywhere from 4,000 to 7,000 high- water flows over the Earth’s surface in Academic All American of the Year for tech jobs. If the JSC loses 4,000 direct jobs, oceans, lakes, and streams, and is particularly Volleyball, and Big Ten Player of the Year. an additional 2,315 indirect jobs would be lost, vulnerable to attack. NASA sensors also pro- Megan is part of the winningest class in the totaling 6,315; loss of income and expendi- vide a wealth of information about the water Penn State volleyball program history with a tures locally would be over $567 million. If the cycle; and contributes to improving our ability career record of 142–5. JSC loses 7,000 direct jobs, an additional to monitor water resources and water quality Madam Speaker, Megan excels off the court 4,052 indirect jobs would be lost, totaling from space; we must also protect the quality as well as on the court. She graduated last 11,052; loss of income and expenditures lo- and safety of the air we breathe; airborne con- month with a Bachelor of Science in Business cally would total almost $1 billion. taminants can pose danger to human health; Management from Penn State University. She When speaking of the decision to cancel the and chemical, nuclear, radiological, and bio- was honored as an ESPN the Magazine Sec- Constellation Program, Administrator Bolden logical attacks are plausible threats against ond Team Academic All-American in 2008 and stated that ‘‘NASA intends to work with the which we can protect. garnered first team accolades in 2009. Later Congress to make this transition smooth and I have asked my colleagues in Congress to that year, she went on to become Academic effective, working responsibly on behalf of the join me in my efforts to restore funding for the All American of the Year for volleyball. She is taxpayers.’’ To the contrary, I believe that the Constellation to the FY 2011 budget for the a three time Academic All-Big Ten honoree. best use of taxpayers’ money is to continue following reasons:

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Elimination of the Constellation program unreasonable risk this country must not years and not sooner. will compromise the effectiveness of the Inter- take. national Space Station as it relates to the stra- Whereas the retirement of the Space Shut- f tegic importance of space station research, tle this year will leave the United States RECOGNIZING THE HART FAMILY and intelligence; vulnerable and depending on Russia to put United States astronauts in orbit without AS WASHINGTON COUNTY FARM 3. Continuation of NASA’s Constellation pro- FAMILY OF THE YEAR gram is crucial to improving national security, the Constellation program; in May of last climate, and research in science and medi- year when it became clear the United States had no one else to turn to, Russia raised its HON. JOHN BOOZMAN cine. prices from $48,000,000 to $51,000,000 per OF ARKANSAS It is my hope, that this Congress will con- launch for each astronaut. tinue to support NASA’s Constellation program Whereas the Constellation program is not IN THE HOUSE OF REPRESENTATIVES and to support balanced energy policies that just about going to the moon, as the United Tuesday, June 29, 2010 promote economic growth and will help us States has a commitment to the Inter- meet our clean energy goals. national Space Station (ISS), and with the Mr. BOOZMAN. Madam Speaker, I rise Space Shuttle being retired this September, H. RES. 1150 today to honor the John Robert Hart family for the Constellation is the only system under earning the 2010 Farm Family of the Year Whereas the United States has invested in development that will give NASA the future human flight program since May 5, 1961, a award for Washington County, Arkansas. capability to launch and retrieve crews to Working for generations on the farm, the program that has been a source for the and from the ISS. United States leadership role in space explo- Whereas decreasing the use of the Inter- Hart family has a history rooted in Arkansas ration and advancement in scientific re- national Space Station would impact the agriculture. John grew up on his farm and search; and is a national security interest ability to sustain its systems and physical continues to run it today with his wife, Carolyn. and asset for the Nation. infrastructure. Today the Harts have a 250 acre farm Whereas the Constellation program is a Whereas the Constellation program should where they produce dairy and poultry prod- human space flight program that includes: be funded to continue use of the Inter- ucts, as well as three different varieties of hay. the Ares I launch vehicle, capable of launch- national Space Station to support the agen- ing to low-Earth orbit; the Ares V heavy-lift The family is dedicated to agriculture and cy and other Federal, commercial, and aca- plans to continue running the farm for genera- launch vehicle, to send astronauts and equip- demic research and technology testing needs. ment to the Moon; the Orion capsule, in- Whereas partnerships between universities tions to come. tended to carry astronauts to low-Earth and NASA centers should be established to Because of this lifelong commitment, their orbit and beyond; and the Altair lunar lander provide research opportunities for conduct of hard work and dedication the Hart Family is and lunar surface systems astronauts will research in the United States International most deserving of the Washington County need to explore the lunar surface. Space Station National Laboratories for the Farm Family of the Year Award. Recognition Whereas the President’s Fiscal Year 2010 next generation of scientists in order to en- Budget provided $18,700,000,000 for the Na- from the program is a reflection of the con- sure effective utilization of the International tribution to agriculture at the community and tional Aeronautics and Space Administra- Space Station research capabilities. tion (NASA); the Budget funds a program of Whereas NASA conducts aeronautics re- state level and its implications for improved space-based research to advance our under- search to address aviation safety, air traffic farm practices and management. standing of climate change and its effects, as control, noise and, emissions reductions and Arkansans are blessed to have such out- well as human and robotic space exploration; fuel efficiency. standing farm families like the Harts who are and the budget supports the use of the Space Whereas NASA’s contribution to our dedicated to providing agriculture services to Shuttle to complete assembly of the Inter- knowledge of air and water supports im- national Space Station. their community and country. I ask my col- proved decisionmaking for natural resource leagues today to join with me in congratulating Whereas the 2010 NASA budget funded a management and emergency response, thus program of space-based research that sup- enabling us to better respond to future the Harts on their achievements and wish ports the Administration’s commitment to homeland security threats. them continued success in farming. deploy a global climate change research and Whereas knowledge of Earth’s water cycle f monitoring system. is a critical first step in protecting our water Whereas 2010 NASA budget was to fund the supply; water flows over the Earth’s surface INTRODUCING THE GULF CORPS safe flight of the Space Shuttle through the in oceans, lakes, and streams, and is particu- CONSERVATION ACT OF 2010 vehicle’s retirement at the end of 2010. An larly vulnerable to attack. additional flight will be conducted if it can Whereas NASA sensors provide a wealth of be completed safely before the end of 2010. information about the water cycle; and con- HON. ALCEE L. HASTINGS Whereas the President’s Fiscal Year 2011 tributes to improving our ability to monitor OF FLORIDA Budget proposes to eliminate the National water resources and water quality from IN THE HOUSE OF REPRESENTATIVES Aeronautics and Space Administration space; we must also protect the quality and (NASA)’s Space Shuttle and Constellation safety of the air we breathe; airborne con- Tuesday, June 29, 2010 program and allocate $6,000,000,000 over 5 taminants can pose danger to human health; Mr. HASTINGS of Florida. Madam Speaker, years for the purpose of developing commer- and chemical, nuclear, radiological, and bio- cial space flight. logical attacks are plausible threats against I rise today to introduce the Gulf Coast Con- Whereas the Congress recognizes the policy which we can better protect the United servation Corps Act of 2010, which will help to outlined in section 501(a) of the National States through NASA’s research: Now, there- create jobs in the Gulf Coast region. The pro- Aeronautics and Space Authorization Act of fore, be it gram will assist those who have been unem- 2005 (42 U.S.C. 16761(a)), that the United Resolved, That it is the sense of the House ployed due to the oil spill off the Gulf of Mex- States shall maintain an uninterrupted capa- of Representatives that— ico that took place on April 20, 2010. In a pro- bility for human space flight and operations (1) NASA is a national security asset and gram similar to the Civil Conservation Corps in low-earth orbit, and beyond, as an essen- interest for the United States; tial element of national security and the (2) elimination of the Constellation pro- created by President Franklin D. Roosevelt ability to ensure continued United States gram will present Homeland Security impli- during the Great Depression, the Gulf Coast participation and leadership in the explo- cations for cyberspace, critical infrastruc- Conservation Corps will be a public-private ration of space. ture, and the intelligence community of the partnership benefiting our nation for years to Whereas eliminating the Constellation United States; come. upon retirement of the Space Shuttle will (3) elimination of the Constellation pro- We find our country in much the same posi- create a national security risk to the United gram will compromise the effectiveness of tion as it was when President Roosevelt cre- States and will diminish the Nation’s efforts the International Space Station as it relates to advance scientific research in space. to the strategic importance of space station ated his Corps. Then, there was a staggering Whereas the United States will for the first research, and intelligence; number of unemployed who went to work to time since its space program began, be with- (4) continuation of NASA’s Constellation conserve our national parks. Today, it is a out a human space flight program. program is crucial to improving national se- devastated Gulf Coast. Even before the oil

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With so After his retirement from the Air Force, He IN THE HOUSE OF REPRESENTATIVES much of the federal waters unavailable for founded the McCoskrie/Threshold Foundation, Tuesday, June 29, 2010 fishing and so many tourists cancelling which provides medical ancillary assistance, planned vacations, the need is dire and we supplies, and equipment to Central and South Mr. STARK. Madam Speaker, I rise today to must get people back to work. American countries as well as to Laos and pay tribute to Leslie Goldberg, R.N. who is re- The Corps will provide workers with the Thailand. He also founded the Air Commando tiring tomorrow after 20 years of service as a means, training and knowledge they need to Association. nurse with the Attending Physician’s Office alleviate the worst environmental disaster in General Heinie Aderholt will be remembered here at the Capitol. Leslie is well known and the history of our country. These are not for his valor, character, and strength. It was an loved by all who work in the Cannon House ‘‘make work’’ jobs. The work is not ‘‘busy honor to have known him as a relative, friend Office Building—Members and staff alike. work.’’ The cleaning and restoration of the and great American Patriot, and his leadership She’s run the Cannon Health Unit for most of Gulf is not optional. And because it will likely will be missed by all who knew him. His influ- her time on the Hill and she personifies serv- take years to finish, it is imperative that we ence for good for all America will live on. ice and caring. have the necessary resources in place to en- Leslie graduated from the Jewish Hospital of A memorial service will be held at Hurlburt Brooklyn and first worked as a nurse at New sure that it is completed. Participants will do Air Park, Fort Walton Beach, Florida, on July the necessary work to get the Gulf Coast back York University Hospital in neurosurgery. She 2, 2010 at 9 a.m. went on to work at the Regional Institute for on track. The Corps will be a committed labor Our thoughts and prayers are with his wife force, performing the hard work that will move Children and Adolescents and then did insur- Anne, his daughter Janet and son George and ance physicals for eight years prior to joining the United States beyond this environmental their families. disaster. us on Capitol Hill. Thank you Heinie for all you did for Amer- She started with the Office of the Attending As President Roosevelt said, ‘‘All work un- ica. dertaken should be useful—not just for a day, Physician in November 1990, and has taken excellent care of us ever since. She makes or a year, but useful in the sense that it af- f fords permanent improvement in living condi- sure we get our flu shots, helps us find doc- tions or that it creates future new wealth for HONORING RAY ROBSON tors, and tells us when we need to go home the Nation.’’ so we don’t make others around us sick. The nurses are also on call at numerous Madam Speaker, the work of Gulf Coast events where Members of Congress are in at- Conservation Corps is, to say the least, useful. HON. GUS M. BILIRAKIS tendance. They are on hand for the Memorial I urge my colleagues to support this vitally im- OF FLORIDA Day Concert, the annual State of the Union, portant piece of legislation. IN THE HOUSE OF REPRESENTATIVES the inauguration ceremonies. They work long f Tuesday, June 29, 2010 hours and are here whenever Congress is in TRIBUTE TO BRIGADIER GENERAL Mr. BILIRAKIS. Madam Speaker, I rise session—no matter how late. Overtime is the HARRY C. ADERHOLT today to honor and congratulate Pinellas norm for Leslie and her colleagues. County’s Ray Robson who, at the age of 14, Until Speaker PELOSI made a lactation room HON. ROBERT B. ADERHOLT became America’s youngest chess available for nursing mothers returning to grandmaster. work, hundreds of new moms could tell you of OF ALABAMA Ray’s passion for chess began at age three the time they spent in the Cannon Nurse Sta- IN THE HOUSE OF REPRESENTATIVES when his father, Gary Robson, brought home tion with Leslie’s full support. She has a photo Tuesday, June 29, 2010 his first chess set. They played chess daily, wall of children to attest to this—with moms Mr. ADERHOLT. Madam Speaker, I would with Ray’s father beating him every time, until bringing in updated photos each year as their like to pay tribute to Brigadier General Harry he was four. Ray continued to excel in chess, children grow up. My chief of staff is one of C. ‘‘Heinie’’ Aderholt, a true American hero and his father soon lost track of how many those moms and is very grateful for all of and one of the founders of the U.S. Air Force times his son had beat him. Leslie’s help over the years. Special Operations. On May 20, 2010, I and By the time Ray was 11, he earned the dis- Now, Leslie is turning to a new phase in life. many others across the State and Nation were tinguished title of chess master, and still holds She has two grandchildren on the way and saddened to hear of the passing of General the distinguished honor of being the youngest she plans to be an active grandmother in their Aderholt. chess master in Florida’s history. Over the lives. She’ll also be able to do more traveling Heinie, as he was affectionately known by past four years, his record-setting perform- and dedicate herself to volunteer priorities. all who knew and loved him, began his military ances have continued to resound throughout For someone who has spent her career car- service with the U.S. Army Air Corps in 1942 the chess community. In addition to being an ing for others, it is time for Leslie to get to and retired from the U.S. Air Force in 1976. international master, Ray was also the young- care for her family and herself. We wish her He was also known as ‘‘Air Commando One,’’ est person to qualify for the U.S. Chess all the best and thank her for her long, dedi- for his work to form what was originally called Championship, the youngest recipient of the cated service to Congress. We’ll miss her. the First Air Commando Wing. He was the last Samford Chess Fellowship, and the youngest f general officer to leave Vietnam. participant for the U.S. at a World Team ADVANCED IMAGING During his service he was awarded the Le- Championship. TECHNOLOGIES (AIT) gion of Merit with two oak leaf clusters, Distin- Ray’s dedication, perseverance, and guished Flying Cross with oak leaf cluster, achievements are truly remarkable. I cannot HON. JASON CHAFFETZ Bronze Star Medal with oak leaf cluster, Meri- imagine the pressure he faced while chal- OF UTAH torious Service Medal, Air Medal with eight lenging and defeating some opponents more IN THE HOUSE OF REPRESENTATIVES oak leaf clusters, Joint Service Commendation than twice his age. I would also like to com- Medal, Air Force Commendation Medal, Presi- mend Ray’s parents for their role in helping Tuesday, June 29, 2010 dential Unit Citation Emblem and the Air Force their son develop his talents and succeed. The Mr. CHAFFETZ. Madam Speaker, I recently Outstanding Unit Award Ribbon with oak leaf national and international recognition Ray has read with interest an article by Ralph Nader cluster. His other honors include the Order of earned is incredible, especially for a young discussing his concerns with the Transpor- the Sword, which the non-commissioned offi- man of only 15. It is my honor to stand before tation Safety Administration’s (TSA) use of cers of the Air Force Special Operations Com- Congress and recognize the accomplishments ‘‘whole-body imaging’’ scanning machines. mand awarded to him in January 2001, the of Ray Robson, and I wish him continued suc- These machines, now called ‘‘Advanced Imag- prestigious Bull Simons Award, that recog- cess in the future. ing Technologies’’ (AIT), allow TSA screeners

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 12515 to search for security risks by looking under looking for concealed weapons and explo- checkpoint signs provide adequate notice to passengers’ clothing in a particularly privacy sives that can elude airport metal detectors. travelers about the scanning procedure and intrusive inspection. So far, TSA has placed 111 scanners at 32 air- the pat down option. Travelers, who reported I share many of Mr. Nader’s concerns, and ports. They expect to have 450 scanners de- that they were not fully aware what the ployed by the end of the year at an esti- scanning procedure involved, said they were include a copy of article from mated cost of $170,000 each. not made aware of alternative search op- www.commondreams.org for the record. Last Privacy, civil rights and religious groups tions. (http://nyti.ms/9hGtUO ) summer I worked with many of my colleagues object to whole body scanning machines as Many travelers complained about their pri- in the House on both sides of the aisle to pass uniquely intrusive. Naked images of pas- vacy, and their families’ privacy, being in- an amendment to the TSA Authorization bill sengers’ bodies are captured by these ma- vaded. Some were concerned about the radi- which addressed some of the problems with chines that can reveal very personal medical ation risk, particularly to pregnant women the TSA’s use of these AIT machines. Our conditions such as prosthetics, colostomy and children. Some travelers felt bullied by rude TSA screeners. The Wall Street Journal amendment prohibited the use of AIT for man- bags and mastectomy scars. The TSA re- sponded by setting the scanners to blur the reported that one woman who refused to go datory primary screening at airports, required facial features of travelers, placing TSA em- through the body scanner was called ‘‘unpa- the TSA to give passengers the option of a ployees who view the images in a separate triotic’’ by the TSA screener. pat-down search, and prohibited TSA from room and assuring the public that the im- Expensive state-of-the-art security tech- storing, transferring, or copying AIT images of ages are deleted after initial viewing. nology that poses potentially serious health passengers. Yet, a successful Freedom of Information risks to vulnerable passengers, invades pri- These technologies need not invade Ameri- Act lawsuit by the Electronic Privacy Infor- vacy, and provides questionable security is cans’ privacy so intrusively in order to secure mation Center against the Department of neither smart nor safe. For the White House it is a political embarrassment waiting to our flights and passengers effectively. After Homeland Security (DHS) uncovered docu- ments showing that the scanning machines’ happen. the failed Christmas Day bombing attempt, procurement specifications include the abil- President Obama should suspend the body which AIT may or may not have helped pre- ity to store, record and transfer revealing scanning program and appoint an inde- vent, I renewed my call for the inventors and digital images of passengers. The specifica- pendent panel of experts to review the issues manufacturers of AIT machines to enhance tions allow TSA to disable any privacy fil- of privacy, health and effectiveness. After privacy protections to permit broader deploy- ters permitting the exporting of raw images, such a review, should the DHS and TSA still ment of these technologies without the trade- contrary to TSA assurances. want to deploy body scanners at airports, off to Americans’ rights of privacy. It begs logic that the TSA would not retain they should initiate a public rulemaking, which they have refused thus far, so that the Some AIT manufacturers have responded their ability to store images particularly in the event of a terrorist getting through the public can have their say in the matter. with scanners with ‘‘auto detection’’ capabili- scan and later attacking an aircraft. One of If you experience any push-back from TSA ties, which reduce the costs and risks of error the first searches by the TSA would be to re- screeners when you assert your right to associated with human screeners. These view images taken by the scanners to iden- refuse to go through a whole body scanner scanners also produce images that go beyond tify the attacker. and request a pat down security search in- merely blurring faces to blurring the outline of The Amsterdam airport is using a less in- stead, please write to [email protected]. the scanned passenger’s body. As I observed trusive security device called ‘‘auto detec- Ralph Nader is a consumer advocate, law- tion’’ scanning which generates stick figures yer, and author. His most recent book—and last December, these technologies have al- first novel—is, Only The Super Wealthy Can ready been deployed in Amsterdam at the instead of the real image of the person and avoids exposing passengers to radiation. Save Us. His most recent work of non-fiction very airport from which the Christmas Day Three United States Senators recently wrote is The Seventeen Traditions. bomber traveled to the United States. My staff to DHS Secretary Janet Napolitano urging f has seen these machines in action, and I feel her to consider these devices. (http://bit.ly/ the TSA should look seriously at whether bJFn5K) RETIREMENT OF FRANK WIL- these enhanced scanners could replace the More pointedly, security experts, such as LIAMS, CHIEF EXECUTIVE OFFI- privacy intrusive scanners currently deployed Edward Luttwak from the Center for Stra- CER, BUILDING INDUSTRY ASSO- in airports across America. tegic and International Studies, have come CIATION OF CALIFORNIA’S I hope my colleagues will join with me in forward questioning the effectiveness of BALDY VIEW CHAPTER whole body scanners since they can be de- discussing the security and privacy issues sur- feated by hiding explosives in body cavities. rounding AIT, and the concerns raised by Mr. The General Accounting Office, an investiga- HON. GARY G. MILLER Nader and others. We all want air travel to be tive arm of Congress, has stated that it is OF CALIFORNIA as safe as possible, but this can be accom- unclear whether scanners would have spotted IN THE HOUSE OF REPRESENTATIVES plished without sacrificing our privacy and dig- the kind of explosives carried by the ‘‘Christ- Tuesday, June 29, 2010 nity, and that of our fellow Americans. mas Day’’ bomber. [From www.commondreams.org, June 24, About one-half of these body scanning ma- Mr. GARY G. MILLER of California. Madam 2010] chines use low dose x-rays to scan pas- Speaker, I rise today to celebrate the retire- sengers. Last May, a group of esteemed sci- NAKED INSECURITY ment of Frank Williams from the Building In- entists from the University of California, dustry Association’s Baldy View Chapter. (By Ralph Nader) San Francisco wrote to John Holdren, Presi- If you are planning to fly over the 4th of dent Obama’s science adviser, voicing their Frank dedicated his career at the BIA to July holiday, be aware of your rights at air- concerns about the rapid roll out of scanners helping families achieve the American Dream port security checkpoints. without a rigorous safety review by an im- of home ownership. He led the Baldy View The Transportation Security Administra- partial panel of experts. The scientists cau- Chapter with distinction, promoting quality tion (TSA) has mandated that passengers tion that the TSA has miscalculated the ra- communities, facilitating business opportunities can opt out of going through a whole body diation dose to the skin from scanners and for the Association’s members, and always scanning machine in favor of a physical pat that there is ‘‘good reason to believe that working to increase the public’s awareness down. Unfortunately, opting for the pat these scanners will increase the risk of can- about the importance of home ownership. down requires passengers to be assertive cer to children and other vulnerable popu- since TSA screeners do not tell travelers lations.’’ (http://n.pr/bKGCKx). Frank was appointed Chief Executive Officer about their right to refuse a scan. Harried David Brenner, director of Columbia Uni- of the Building Industry Association Southern passengers must spot the TSA signs posted versity’s Center for Radiological Research, California, Inc. Baldy View Chapter in April of at hectic security checkpoints to inform has also voiced caution about x-raying mil- 1992. Working from the Association’s Rancho themselves of their rights before they move lions of air travelers. He was a member of Cucamonga offices, he planned, directed, to a body scanning security line. the government committee that set the safe- budgeted and coordinated all programs and Since the failed Christmas Day bombing of ty guidelines for the x-ray scanners, and he administrative activities of the Baldy View Re- a Northwest Airlines flight by a passenger now says he would not have signed onto the gion, which includes all of San Bernardino hiding explosives in his underwear, TSA has report had he known that TSA wanted to accelerated its program of deploying whole scan almost every air traveler. (http:// County and all areas east of the 605 in Los body scanning machines, including x-ray www.columbia.edu/∼djb3/) Angeles County. scanners, at airport security checkpoints Passenger complaints to TSA and news- Under Frank’s leadership, the Baldy View throughout the United States. Scanning ma- paper accounts of passenger experiences with BIA has become a true partner with Congress chines peak beneath passengers’ clothing scanners contradict TSA assurances that to help cultivate an environment where more

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12516 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 June 30, 2010 Americans can turn the dream of home owner- flecting this expansion in mission, the spon- Bear student-athletes never fell below 3.0—a ship into reality. I commend Frank for working soring organization changed its name to testament to his commitment to academic ex- with Congress to create the conditions nec- Wheelchair & Ambulatory Sports USA. The di- cellence. essary to make home ownership available to versity of sports offered also increased. Al- Madam Speaker, Bobby Pope’s passion and more families. though only three sports were initially offered, commitment to athletics and promoting sports- Frank Williams is the recipient of the 1998 athletes now participate in seven areas of manship extend beyond Mercer University. He Fair Housing Award from the Fair Housing competition. Over 300 athletes from around has been very active in the Atlantic Sun Con- Council of San Bernardino County. He was the country participate each year. ference—twice serving as Conference Presi- named the National Association of Home For some of these young athletes, the Na- dent, as well as serving as a member on nu- Builders ‘‘Gary Komarow Memorial Executive tional Junior Disability Championships com- merous Conference committees. Bobby has Officer of the Year’’ in 1999. petition provides a pathway to qualify for the also made innumerable contributions to the While the BIA is losing an exceptional lead- U.S. Paralympics team. More importantly, local community as treasurer of the Macon er, I know our community and our Nation will however, it provides these young people the Touchdown Club and through his service on continue to benefit from Frank’s enthusiasm opportunity to develop the values of teamwork, the Mayor’s Recreation Master Plan Com- and vision for the cause of housing. Frank has sportsmanship, hard work, and perseverance mittee, as well as the Georgia Sports Hall of been a tireless community leader and advo- offered by sports. Participants also benefit in Fame Authority. Indeed, he was recognized cate for affordable housing, and he has been other ways. For example, research shows the for his lifelong contributions to Middle Georgia instrumental in helping to promote home own- importance of physical activity in both the Athletics when he was inducted into the ership on the national level. With Frank’s dedi- physical and mental development of children. Macon Sports Hall of Fame on April 28, 2006. cation, we have been able to raise national This event removes the barriers that so often Also, for over 35 years, his broadcast of local awareness about the housing needs of Califor- prevent these young people with disabilities sports news on the ‘‘Saturday Scoreboard’’ nians. I am confident his work will continue from participating in sports, allowing them to gave us the good, the bad, and the ugly about into the future. reap the benefits of athletic competition. our Georgia Bulldogs, Georgia Tech Yellow Frank is the Founder, Chairman of the In closing, I would also like to congratulate Jackets, and other middle Georgia sports Board and President of Housing Action Re- the athletes participating in the National Junior teams. source Trust (HART), a non-profit affordable Disability Championships. It takes great perse- Also, for over 35 years, his broadcast of housing provider that has assisted 50,000 verance, commitment, and strength of spirit to local sports news on the Saturday Scoreboard families to buy homes. He also serves as a participate in this type of competition. I wish gave us the good, the bad, and the ugly about Commissioner to the San Bernardino County you the best of luck as you prepare for your our Georgia Bulldogs, Georgia Tech Yellow Housing Authority and is a fully-accredited respective athletic events. Jackets, and other Middle Georgia sports Commissioner on the National Association of f teams. Housing and Redevelopment Officers. In addi- Madam Speaker, it is fitting for the CON- tion, he was recently appointed by Governor IN TRIBUTE TO BOBBY POPE GRESSIONAL RECORD to include this brief ac- Arnold Schwarzenegger to a Joint Land Use knowledgement of the accomplishments of Task Force within the Governor’s Office of HON. JIM MARSHALL Bobby Pope as Athletic Director of Mercer Planning and Research. OF GEORGIA University. As he assumes his new role as the There are many grateful people who have IN THE HOUSE OF REPRESENTATIVES Executive Director for the Mercer Athletic benefited from Frank’s mentorship and vision Tuesday, June 29, 2010 Foundation, Bobby will undoubtedly continue over the years. On Wednesday, July 7, to contribute to the success and accomplish- Frank’s colleagues, friends and family are Mr. MARSHALL. Madam Speaker, I rise ments of Mercer Athletics. Few leave such en- gathering to thank him for his leadership and today in honor of Mr. Bobby Pope, of Macon, duringly positive legacies. dedication to the cause of home ownership. Georgia, who is retiring after a long and illus- f Frank Williams has been a champion for in- trious tenure as Athletic Director of Mercer creasing home ownership and promoting com- University. I rise to thank Bobby for his ex- COMMENDING THE GEORGE MASON munity development. I am very proud to con- traordinary commitment to Mercer Athletics, HIGH SCHOOL GIRLS’ AND BOYS’ gratulate him on his retirement and I com- his promotion of academic and athletic excel- SOCCER TEAMS ON WINNING THE mend him for his dedication to furthering hous- lence within the Atlantic Sun Conference, and VIRGINIA STATE CHAMPIONSHIP ing opportunities for Californians and all Amer- his overall contributions to the local commu- icans. nity. HON. JAMES P. MORAN f Madam Speaker, for over 20 years Bobby OF VIRGINIA Pope, Dean of the Atlantic Sun Conference, IN THE HOUSE OF REPRESENTATIVES HONORING THE 2010 NATIONAL has served as the Athletic Director for Mercer JUNIOR DISABILITY CHAMPION- University. During his tenure, Mercer athletics Tuesday, June 29, 2010 SHIPS have thrived, and its student-athletes have Mr. MORAN of Virginia. Madam Speaker, I achieved impressive success both on and off rise today to proudly recognize the George HON. DANNY K. DAVIS the field. The program now includes 14 NCAA Mason High School girls’ and boys’ soccer OF ILLINOIS Division I teams plus the addition of the first- teams for winning their respective State 1A IN THE HOUSE OF REPRESENTATIVES ever fulltime coaches for men’s and women’s Soccer Championships. On June 12th at golf, tennis, and cross country. Largely thanks Radford University, the George Mason High Tuesday, June 29, 2010 to Bobby, Mercer University will field Georgia’s School Mustangs of Falls Church valiantly de- Mr. DAVIS of Illinois. Madam Speaker, first NCAA Division I men’s and women’s la- feated Radford High School 3–1 to capture today I would like to recognize the participants crosse teams in the upcoming year. Bobby their third consecutive state title. The following and sponsors of the National Junior Disability Pope’s commitment to building and strength- day, the boys’ team displayed equally out- Championships. This annual competition, ening Mercer athletics can further be seen in standing talent by defeating Radford 2–1 to founded by Wheelchair Sports USA, has the recent renovations of existing fields and capture their second consecutive state cham- helped teach the value of sports to young ath- the construction of a state-of-the-art facility for pionship. letes since 1984. It began as a small competi- student-athletes and coaches. The girls’ championship win follows a re- tion for wheelchair athletes ages 7 to 21. With Bobby Pope at the helm, Mercer Uni- markable season of 18 wins, 3 losses, and 1 Since that time, it has continued to grow both versity has twice won the Atlantic Sun Con- tie. Junior midfielder Hannah Walker scored in nature and number. The competition ex- ference’s All-Academic Trophy. Since its in- twice and sophomore forward Leah Roth had panded in scope to include athletes with many ception in 2007, the Atlantic Sun Conference a goal and an assist. Nichole Mitchell played different types of disabilities, not just those in post-graduate scholarship recognizing excel- tough as the starting goalkeeper, only allowing wheelchairs. Athletes with spinal cord injuries, lence and integrity has been awarded to a one goal in the net from a penalty kick. After cerebral palsy, blindness, and many other dis- Mercer student-athlete. During Bobby’s tenure, the final moment of the game, the George abilities now participate in the competition. Re- the cumulative grade point average for Mercer Mason players victoriously rushed the field

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 12517 and saluted their fans that had traveled 4 Gene Jewett, who shares his thoughts on the PERSONAL EXPLANATION hours to watch the game. phenomena of talent and the recent visit from The boys’ championship game was led by Paul McCartney who received the Gershwin HON. MARK STEVEN KIRK Mustang seniors Nick Smirniotopoulos and Award from the Library of Congress. OF ILLINOIS Andrew Arias following a remarkable season IN THE HOUSE OF REPRESENTATIVES of 19 wins, only 1 loss, and 4 ties. This is the Dear Friends, second year in a row that the George Mason Recently, Sir Paul McCartney visited Tuesday, June 29, 2010 boys’ soccer team has captured the state title. Washington where he exhibited his musical Mr. KIRK. Madam Speaker, during the vote Smirniotopoulos, recently named to the 2010 prowess for the politically powerful, initially on H.R. 5618, the Restoration of Emergency All-Met team by the Washington Post, and at the Library of Congress and then at the Unemployment Compensation Act of 2010, I Arias, each scored a goal to clinch the win. White House. In the course of his perform- was unavoidably detained—had I been Just before halftime, junior goalkeeper Tyler ance on the first night, he revealed the proc- present I would have voted against this legis- Back made a remarkable save on a break- ess by which he had written one of his most lation. away. Also standing as stalwarts on the defen- famous tunes, one where the melody had Americans are struggling to make ends sive end were senior Natan Lailari and junior come to him in a dream, a refrain that he meet in this economy and while I support giv- Franky Andrianarison. Like their counterparts was fortunate enough to recall. For days, he ing unemployment benefits to people who lost on the girls’ team, the lone goal scored hummed the tune (randomly entitled their jobs, it is irresponsible for this Congress against them came from a penalty shot. ‘‘scrambled eggs’’) to his band mates and ev- to add $34 billion to the national debt to do so. I extend my congratulations to all of the ath- eryone else in his greater circle of musi- This legislation should have been paid for with letes, coaches, and the entire George Mason cians, all in an attempt to determine wheth- cuts to other programs. Last week the Treas- High School community for their historic vic- er it was a product of his own musical soft- ury Department quietly announced that the es- tories. Winning a state championship takes ware or a reflection of a tune he had pre- timated total debt for fiscal year 2010 will hundreds of hours of practice, preparation, viously heard for which he was serving as a reach $13.6 trillion, equal to 93.1 percent of and hard work. May your perseverance, mere psychic conduit. When he finally ac- our Gross Domestic Product. With the Euro- strength, and diligence stay with you through cepted the song as his own, he re-dubbed it pean Union in the midst of a sovereign debt ‘‘Yesterday’’ and the rest is history. Over all of your journeys in life. crisis, this is the wrong time to add to our al- 3000 singers have recorded the song, a num- f ready staggering national debt. ber which marks it as a continuing star in Had I been present for the vote on H.R. ON THE PASSAGE OF THE RESO- the firmament of pop music. 5623, the Homebuyers Assistance and Im- LUTION CALLING FOR THE IM- His story caused me to reflect on the phe- provement Act of 2010, I would have voted in MEDIATE RELEASE OF GILAD nomena of talent, particularly as alluded to favor of this legislation. Unlike H.R. 5618, the SHALIT by Malcolm Gladwell in his book, ‘‘Outliers.’’ cost of this legislation is fully offset. The In this book, there’s a central premise that homebuyer tax credit has been very success- HON. ALCEE L. HASTINGS suggests that great achievement is derived ful, and after its expiration on April 30th, home OF FLORIDA from spending at least 10,000 hours honing sales dropped by more than 30 percent. Ex- IN THE HOUSE OF REPRESENTATIVES one’s craft. Specifically, it uses as an exam- tending this credit by 90 days and fully offset- Tuesday, June 29, 2010 ple Paul McCartney and the Beatles playing ting its cost is a responsible course of action in the clubs of Hamburg where they purport- I fully support. Mr. HASTINGS of Florida. Madam Speaker, edly refined their songs. Notwithstanding I am very pleased that the House passed H. the fact that the ‘‘Hamburg’’ Beatles played f Res. 1359, a resolution calling for the imme- cover songs which could have encouraged HONORING PERCY P. CREUZOT, JR. diate and unconditional release of Israeli sol- them to write their original tunes, the more ider Gilad Shalit. It has been four long years simple truth points to what McCartney ob- since Gilad, then 19 years old, was kidnapped serves in himself as some mystical talent HON. SHEILA JACKSON LEE OF TEXAS by Hamas. Hamas, in direct violation of inter- with which he has been gifted, something for national human rights law, has refused to which he has no explanation. The difference IN THE HOUSE OF REPRESENTATIVES allow Gilad any contact with his family, and between the Beatles and thousands of other Tuesday, June 29, 2010 has further refused to allow the International bands can be found in these ‘‘gifts’’ of un- Ms. JACKSON LEE of Texas. Madam Committee of the Red Cross access to deter- usual talent. Speaker, I rise to honor a great husband, fa- mine his well-being. It is a war crime for Not to be too grand, but the book ‘‘the 100: ther, entrepreneur, community activist and all- Hamas to hold Gilad hostage in order to com- A Ranking of the 100 Most Influential People around great American, Percy P. Creuzot, Jr., pel the Israeli government to accede to in History’’ by M.H. Hart is a primer for the who passed on from his earthly life on Sun- Hamas’ demands. study of people with extraordinary talent day, June 6, 2010. We are privileged and hon- Madam Speaker, the time for Hamas to re- and abilities. For example, Genghis Khan ored to salute him as a Great Houstonian for lease Gilad Shalit is now. Right now. It is sim- was a late bloomer and certainly had no all of America to admire. ply unconscionable for Hamas to engage in training as a military leader, but no one else Percy Creuzot had a unique ability to reach such a vicious and cruel exercise in inhu- in military history save perhaps Alexander out and help others. Mr. Creuzot effectively ar- manity. One of both Israeli and American soci- shows anything close to his record of ticulated that strong communities are created eties’ highest and most noble ideals is to achievements. And how many in the realm of when we recognize that every member of the never leave a soldier behind. The passage of physics approach the works of Newton, Max- community is important. He demonstrated this this resolution reaffirms the United States well and Einstein? I realize this is a leap belief in every aspect of his life. commitment to continue fighting for Gilad’s un- from Sir Paul, but pure talent, while it sure- In 1966 his family moved to Houston, conditional and immediate release so that he ly needs to be developed, is really a gift that Texas, where he was employed by Herff- may return to his family. defies description. It seems that some things Jones Jewelry, a graduation supply company. just ‘‘are’’ and that’s the name of that tune. f Percy’s first entrepreneurial endeavor in Hous- And upon such random distributions of tal- ton was a snow-ball shop in Houston on SIR PAUL McCARTNEY, ent and ability the upward curve of the Dowling and McGowan. There was a dearth of GLADWELL’S ‘‘OUTLIERS’’ AND BP course of history will continue to remain re- restaurant chains and, even fewer operated in liant. minority neighborhoods. Mr. Creuzot saw the HON. CLIFF STEARNS Sir Paul, author of over 300 popular songs, OF FLORIDA need for uplifting his community with his cui- also played ‘‘Blackbird,’’ a very pleasing and sine and with that envisioned a need and mar- IN THE HOUSE OF REPRESENTATIVES interesting composition. But I was hoping ket in Houston for Southern Louisiana foods. Tuesday, June 29, 2010 he’d do, ‘‘Fixing a Hole’’ as a nod to BP who With the influence from family members he Mr. STEARNS. Madam Speaker, I would could certainly use a little mystical talent decided to open a small sandwich shop in like to submit a letter from my good friend about now, no? Houston’s Third Ward community. The Scott

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12518 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 June 30, 2010 Street location sold a variety of oyster, shrimp HONORING MRS. RUBY BATTS held others to her high standards of hard and roast beef po-boys; the business became ARCHIE work, integrity, and citizenship. Students and known as ‘‘Frenchy’s Po-Boy.’’ As the busi- colleagues recall her warm smile, her style ness showed promise, expansion into other HON. THOMAS S.P. PERRIELLO and graceful carriage, and her zeal for proper endeavors was likely. With the motivation of a OF VIRGINIA usage of the English language. In her work in close friend, Mr. Creuzot dove into the fried IN THE HOUSE OF REPRESENTATIVES the City Council, she was calmly bipartisan, al- ways striving to build bridges. She was an ef- chicken business and ‘‘Frenchy’s Creole Fried Tuesday, June 29, 2010 fective representative of her constituents, a Chicken’’ is a bustling business to this day. Mr. PERRIELLO. Madam Speaker, I rise tireless educator, and an inspiration to count- In 1977, Percy expanded his business inter- today in honor of a legend, a lion, and a lead- less individuals whose lives she touched. ests and opened Frenchy’s Sausage Com- er, Mrs. Ruby Batts Archie, who died on Sat- Mrs. Archie was just days away from retire- pany. The goal was to produce and market urday, June 26. ment when she died last weekend, and had Creole foods to restaurants and grocery stores Born February 9, 1934, in Rocky Mount, hoped to devote her time to two of her great- North Carolina, Ruby Batts was the only in the Houston area. The business grew suc- est passions, travel and enjoying the company daughter of Helen Louise Batts. She married cessfully and is now run by Percy’s son, Percy of her grandchildren. Because her passing Cephus N. Archie on November 23, 1961, and III, and has become a leading producer of was far too soon, she was unable to savor this they enjoyed forty-eight years of marriage. well-earned retirement—a truth emblematic of Creole foods and various processed meats in She was a graduate of Booker T. Washington a woman whose life was full of future projects Houston and surrounding areas. High School in Rocky Mount, North Carolina and plans, and who believed her work was Percy’s civic/community involvements began and Virginia State University in Petersburg, never done. with a desire to enhance the success of Texas Virginia, where she received both her bach- Ruby is survived by her mother, Helen; her Southern University. Percy was a tireless sup- elors and masters degrees in English. She devoted husband, Cephus; her children Keith, porter of Texas Southern University and, after also received an honorary Doctorate of Lit- Trina, and Carla; her grandsons Cedric, erary Letters from Virginia University of Lynch- being appointed by Texas Governor Bill Deondre, and Milek; and her cousins Charles burg (VA). and Barbara. On behalf of Virginia’s 5th Dis- Clements to its Board of Regents, he faithfully Mrs. Archie was a retired educator who served for 12 years which included being its trict, I honor the passing of one of our finest served for 37 years in the Danville Public public servants, and ask that her legacy be re- Vice Chairman. Governor Clements also ap- School System, including time as the Head of membered for years to come. pointed Percy to the Texas Private Industry the English Departments at both Langston f Council and he was appointed to the Houston High School and George Washington High Citizen’s Review Board where he served with School. These decades of hands-on experi- OUR UNCONSCIONABLE NATIONAL distinction. Percy also was an active member ence and leadership in the schools made her DEBT of the National, Texas, and Houston Res- an invaluable advocate for education through- taurant Associations as well as serving on the out her career in local government. She was HON. MIKE COFFMAN Catholic Charities’ Board of Directors. Percy a former Mayor for the City of Danville from OF COLORADO was a long time member of Alpha Phi Alpha 1998 to 2000, had previously served as Vice IN THE HOUSE OF REPRESENTATIVES and Sigma Pi Phi (Nu Boule) Fraternities and Mayor from 1996–1998, and at the time of her death was a member of the Danville City Tuesday, June 29, 2010 the Knights of Peter Claver. Until his death, Council with 16 years of service. Mr. COFFMAN of Colorado. Madam Speak- Percy provided financial support to the United Mrs. Archie worked extensively as a mem- er, today our national debt is Negro College Fund, the Urban League, and ber of community and national organizations, $13,038,916,836,943.40. the National Association for the Advancement not only on educational issues, but also men- On January 6th, 2009, the start of the 111th of Colored People, University of Houston, tal health, business development, and commu- Congress, the national debt was Texas Southern University, Xavier University nity service. Her memberships are too many $10,638,425,746,293.80. and Hampton University. to list, but one especially close to her heart This means the national debt has increased Percy is survived by his wife, Sallie Creuzot; was Alpha Kappa Alpha Sorority, where she by $2,400,491,090,649.60 so far this Con- was a sitting member of its international board daughter Angele; sons Percy III (Cheryl) and gress. of directors and held numerous positions in John; grandchildren Simone and Terry Wil- This debt and its interest payments we are her chapter, Alpha Phi Omega, including passing to our children and all future Ameri- liams, Percy IV , Coline and Phillipe Creuzot, president and treasurer, and in regional and cans. Ethan Creuzot ; great-grandson Christien national sorority committees. Additionally, she f Gilliam; his sister, Martina Cox (Dr. Frank); was a presiding officer of the Order of the and numerous nieces and nephews. He also Eastern Star; a member of the board of direc- PERSONAL EXPLANATION left to treasure his memories many in-laws, tors of both the Boys and Girls Club and the colleagues, friends, community members, nu- Salvation Army; and a faithful member of HON. ELIOT L. ENGEL merous Houstonian mentees including An- Loyal Baptist Church where she served as a OF NEW YORK thony Gaynor and Charlie Reado, as well as former chairman of the Board of Education IN THE HOUSE OF REPRESENTATIVES countless high school and college students. and Sunday School teacher and currently served as the chairman of the Deaconess Tuesday, June 29, 2010 Madam Speaker, Percy P. Creuzot, Jr.’s life Board. Mrs. Archie was deeply concerned for Mr. ENGEL. Madam Speaker, unfortunately, should serve as an inspiration to us all. Southside Virginia’s economic future, having because of a necessary absence, I missed the Through his life and through his legacy he has watched too many of her finest students leave recorded vote on H.R. 5623, the H.R. 5618, challenged those who are caught in the grips the region never to return, and worked to cre- the Restoration of Emergency Unemployment of poverty to take control of their own des- ate jobs beyond Southside’s traditional textiles Compensation Act. (Rollcall vote No. 398) Had tinies. By his openhandedness to his commu- and tobacco. Her expertise was recognized by I been present and voting on this vital legisla- nity, he is a shining example of how those Governors George Allen and James Gilmore, tion, I would have voted yes. more fortunate should share their lives with who appointed her to serve on the Southside Since Congress first provided the emer- others. Business and Education Commission from gency extension on unemployment benefits in 1995 to 2003. H.R. 1, the American Recovery and Reinvest- Madam Speaker, a great American is gone Those who worked closely with Mrs. Archie ment Act, I have voted to continue the exten- from our midst, but we have been empowered throughout the years have expressed deep sion at least seven times. As our nation recov- to carry on his work and continue to press to- sorrow for her loss and gratitude for her innu- ers from the worst recession since the Great ward the mark. His family, friends and every- merable contributions to the community. She Depression, it is very promising that almost one he has touched will be in our thoughts was endlessly dedicated, dependable, and 431,000 jobs were added in May, the most in and prayers. generous of her time and talents, and she four years. But we cannot reverse two years

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 12519 of recession overnight, nor can we turn the safety inspection by the Coast Guard as a from modern exploration sites, such as that tide on a decade of declining middle class similar U.S.-flag vessel. being explored by the Deepwater Horizon, are economic security. There is still much to be The Committee also learned that, because very different from those created by the re- done to help the nearly eight million people of the unique nature of offshore drilling, Fed- lease of oil from a tanker. This disaster has who lost work during this economic crisis re- eral oversight of the Deepwater Horizon drill- compelled us to reexamine the framework for turn to payrolls. Providing unemployment in- ing operation was divided between the Depart- Federal oversight and regulation of potentially- surance benefits so that families can continue ment of the Interior’s Minerals Management limitless sources of oil, deep beneath the sur- to put food on the table and pay their mort- Service and the Coast Guard, with no clear face of the ocean, and the difficulty in control- gage, is necessary to the economy’s contin- final say of Federal authority over the oper- ling and remediating potentially massive re- ued recovery. ations onboard the drilling rig. leases of oil beyond the reach of direct human f The Committee also learned that apparent control. shortcuts were taken in the development, ap- This disaster also requires that we reassess H.R. 5629, THE OIL SPILL ACCOUNT- proval, and implementation of oil spill re- the potential scope of impacted lives and liveli- ABILITY AND ENVIRONMENTAL sponse plans for the Deepwater Horizon drill- hoods and the natural resources related to a PROTECTION ACT OF 2010 ing operation, and, in hindsight, these re- massive oil release, and the capability of Fed- sponse plans were wholly inadequate to ad- eral, state, local, and private resources to pre- HON. JAMES L. OBERSTAR dress a worst-case scenario involving a blow- vent or address such a release. OF MINNESOTA out from the well head. In addition, this disaster requires that we re- IN THE HOUSE OF REPRESENTATIVES The Deepwater Horizon disaster has also examine the wisdom of oil exploration policies demonstrated that the current limits of liability, that push the envelope on drilling technologies Tuesday, June 29, 2010 including the levels of financial responsibility without any assurance that these underwater Mr. OBERSTAR. Madam Speaker, I rise for responsible parties, are insufficient to ad- resources can be shut down or adequately today to introduce H.R. 5629, the ‘‘Oil Spill Ac- dress a potential worst-case scenario on the controlled and cleaned up if something goes countability and Environmental Protection Act release of oil for offshore facilities, and have wrong. of 2010’’, legislation to respond to the ongoing called into question the current limits of liability Finally, this disaster has forced us to reex- Deepwater Horizon oil spill disaster and to ad- for other vessels as well. With the expected amine the safety standards for offshore oil ex- dress several shortcomings in the law to en- costs of the Deepwater Horizon disaster ex- ploration and production activities to minimize sure that a similar tragedy cannot happen pected to be in the tens of billions, and the the potential for future losses of life. again. agreement by BP to set aside $20 billion in In short, this legislation amends or repeals To understand the intent of this legislation, escrow to cover potential costs related to the several laws within the jurisdiction of the Com- it is important to understand the historical con- spill, it is clear that the $75 million liability cap mittee on Transportation and Infrastructure to text in which H.R. 5627, the ‘‘Oil Spill Account- for offshore facilities needs to be significantly address the following areas: (1) Liability and ability and Environmental Protection Act’’, is increased or removed. As noted in testimony Financial Responsibility; (2) Improvements in being introduced. before the Committee on Transportation and Safety; (3) Increased Oversight of Oil Spill Re- On April 20, 2010, a blowout from the mo- Infrastructure, it is plausible that any limitation sponses; (4) Improvements in Environmental bile offshore drilling unit (MODU), the Deep- on liability, no matter how large, actually en- Protection; and (5) Funding for Agency Re- water Horizon, led to an explosion in the Gulf courages risky behavior by externalizing the sponse Activities. of Mexico that left 11 crew members missing true cost of an oil spill response or damages A summary of the bill follows: and presumed dead. The Deepwater Horizon over and above the cap. In addition, the Com- COMMITTEE ON TRANSPORTATION AND INFRA- was owned by Transocean Ltd., and leased, mittee received testimony from the U.S. Coast STRUCTURE, H.R. 5629, THE ‘‘OIL SPILL AC- at the time of the explosion, to BP p.l.c. (BP), Guard that suggests that the current limits of COUNTABILITY AND ENVIRONMENTAL PROTEC- which owns a majority stake in the Mississippi liability for certain classes of vessels do not TION ACT OF 2010,’’ JUNE 29, 2010 Canyon Block 252 (MC 252) site and had con- adequately reflect the potential risks or im- LIABILITY AND FINANCIAL RESPONSIBILITY tracted the rig to drill a prospect well. pacts of a release of oil. Repeal of and Adjustments to Limitations Following the explosion, the Deepwater Ho- Finally, the Committee investigated the un- on Liability: H.R. 5629 removes the existing rizon sank on April 22. Since the explosion, oil precedented use of more than 1.5 million gal- statutory limitation on liability for offshore has been spilling from the well into the Gulf of facilities (such as the Deepwater Horizon rig) lons of chemical dispersants in relation to the to apply to all spills on or after April 19, 2010, Mexico. In response to the Deepwater Horizon Deepwater Horizon disaster, and has called to ensure that the responsible party or par- disaster, BP has made numerous attempts to into question the potential short- and long-term ties will be responsible for 100 percent of oil stop or contain the flow of oil into the Gulf. impacts that increased use of these pollution cleanup costs and damages to third U.S. Government and independent scientists dispersants may have on the Gulf of Mexico parties. Directs the President to review the estimate that the most likely flow rate of oil and the natural resources that utilize this area. existing limitations on liability for vessels today is between 35,000 and 60,000 barrels Today, my Committee colleagues and I in- and onshore facilities, and authorizes the per day. troduce H.R. 5629, the ‘‘Oil Spill Accountability President to revise the liability limitations In light of the April 20 explosion and the on- upward to an amount commensurate with and Environmental Protection Act of 2010’’, to the risk of discharge or any increase in the going release of oil into the Gulf of Mexico, address these and other shortcomings that Consumer Price Index, whichever is greater. the Committee on Transportation and Infra- may have allowed the Deepwater Horizon dis- Evidence of Financial Responsibility for structure has held three hearings investigating aster to occur, and to help, ensure that similar Offshore Facilities: H.R. 5629 increases the the potential causes of this disaster, and ex- events cannot happen in the future. minimum level of financial responsibility for ploring potential changes to the laws and In many ways, the events leading up to the an offshore facility (such as the Deepwater agencies under the Committee’s jurisdiction to introduction of this legislation are similar to Horizon rig) to $1.5 billion. Directs the Presi- ensure that a similar event cannot happen in those that compelled Congress to enact the dent to review the minimum level of finan- the future. cial responsibility for an offshore facility original Oil Pollution Act of 1990. Up until this every three years, and to revise the level up- While the causes of the explosion aboard year, the events surrounding the release of ward to reflect the potential risk of a release the Deepwater Horizon, and its eventual sink- approximately 750,000 barrels of oil from the to human health and the environment. Au- ing, remain under investigation, the hearings Exxon Valdez in the Prince William Sound, thorizes the President to require, on a case- before the Committee on Transportation and Alaska, defined our understanding of the likely by-case basis, additional levels of financial Infrastructure have uncovered several short- impacts from a domestic oil spill. responsibility based on risk. Requires exist- comings in current law that may have allowed Yet, the events of the past three months ing offshore leaseholders to demonstrate the the causes of this disaster to be set in motion. have forced us to realize that the protections new levels of financial responsibility within For example, through the Committee hear- included in the original Oil Pollution Act of six months of the date of enactment of this Act. ings, our Members received testimony on how 1990 are inadequate to address the current Damages to Human Health: Under current the MODU, Deepwater Horizon, was reg- state of oil development technologies. law, impacts to human health are not recog- istered in the Marshall Islands and, therefore, What has become evident is the potential nized as a valid claim under the Oil Pollu- was not subjected to as rigorous of a vessel adverse impacts of a ‘‘worst-case scenario’’ tion Act. H.R. 5629 authorizes individuals to

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0689 Sfmt 0634 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12520 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 June 30, 2010 seek compensation from responsible parties ants to pursue compensation from the Oil Drill Platoon, and the Marine Corps Color for damages to human health resulting from Spill Liability Trust Fund within 45 days of Guard. All are attached to Marine Barracks, a release of oil. a denial of a claim by the responsible party. Washington, DC, also known as the ‘‘Oldest Modernize Federal Maritime Laws: H.R. IMPROVEMENTS IN ENVIRONMENTAL PROTECTION Post of the Corps.’’ These Marines appear in 5629 amends the Death on the High Seas Act Use of Dispersants and Other Chemicals: hundreds of ceremonies annually across the (enacted in 1920) and the Jones Act (enacted H.R. 5629 directs the EPA to undertake a in 1920) to authorize the recovery of non-pe- country and abroad. rulemaking to revise the list of approved I would like to express my personal grati- cuniary damages currently allowed under dispersants and other chemicals that can be general maritime law. Repeals the Limita- used in relation to an oil spill. Directs the tude to these three Marines who were a part tion of Liability Act of 1851, which limits the Administrator to establish minimum tox- of the Marine Battle Color Detachment when liability of a ship owner to the value of the icity and efficacy criteria for dispersants, they visited Connecticut’s First Congressional vessel and freight. provide for independent verification of indus- District in October of 2008. In conjunction with IMPROVEMENTS IN MARITIME SAFETY try-provided data, require public disclosure a traveling replica of the Vietnam Memorial Americanization of the U.S. Exclusive Eco- of the formula for listed dispersants, and Wall during its 25th anniversary, they gave a nomic Zone: H.R. 5629 requires all vessels (in- provide a mechanism for delisting a dispers- moving performance before the residents of cluding Mobile Offshore Drilling Units ant based on potential impacts to human the Connecticut State Veterans Home and (MODUs) such as the Deepwater Horizon) en- health or the environment. Requires specific approval of the Federal On-Scene Coordi- over 3,000 attendees at Rentschler Field in gaged in oil drilling activities in the U.S. Ex- East Hartford. These Marines have performed clusive Economic Zone (200-mile zone) to be nator, in coordination with EPA, before use U.S.-flag vessels owned by U.S. citizens. of a dispersant or other chemical in relation and helped facilitate many events such as Americanization ensures that the vessels are to a future oil spill. these in Connecticut, across the country and subject to U.S. safety regulations and that National Oil Spill Database: H.R. 5629 re- around the world, Everywhere the Marine all of these vessels employ U.S. citizens quires the President, acting through EPA, Corps Battle Color Detachment performs, they (who, thus, pay U.S. taxes). the Coast Guard, DOT, and other Federal instill in all an enormous amount of pride for agencies to develop a publicly-available, na- Safety Management Plans and Safety our Armed Forces and the nation as a whole. Standards for Mobile Offshore Drilling Units: tional database to track all discharges of oil or hazardous substances into the waters of This Congress and the people of the United H.R. 5629 requires that all MODUs develop States of America owe these three recently re- and implement a safety management plan to the United States, adjoining shorelines, or address all activities on the vessel that may the waters of the contiguous zone. tired Marine NCO’s a significant debt of grati- threaten the safety of the vessel or its crew. Reforms of Federal Agencies, Laws, or Pro- tude for all of their service: Requires the U.S. Coast Guard to develop grams to Ensure Effective Oversight, Master Sergeant Christopher Lee Arnold standards to address a worst-case event in- Insspection, Monitoring, and Response Capa- began his enlistment on July 1, 1990 and will volving a discharge of oil and gas. bilities to an Oil Spill: H.R. 5629 directs the retire on July 31, 2010 after twenty years of Approval of Oil Spill Response Plans: H.R. National Commission on the BP Deepwater Horizon Spill and Offshore Drilling, estab- service. 5629 requires the Coast Guard to concur in Master Sergeant Joel Ascension Rangel the oil spill response plan for an offshore fa- lished by Executive Order, to evaluate the current division of responsibility among the began his enlistment on September 12, 1989 cility (the well). Clarifies the respective au- and will retire on June 30, 2010 after twenty thorities of the Environmental Protection different Federal agencies, and to submit Agency (EPA) and the U.S. Department of recommendations to Congress on changes to years of service. Transportation (DOT) with respect to on- the current responsibilities of Federal agen- Gunnery Sergeant Clayton Roy Young shore facilities. cies, including the creation of new agencies began his enlistment on August 15, 1988 and Coast Guard Maritime Safety Workforce: to regulate offshore drilling operations. Re- will retire on August 31, 2010 after twenty-two H.R. 5629 requires the Coast Guard to in- quires the Commission to develop rec- years of service. ommendations to ensure that offshore drill- crease the number of qualified marine in- f spectors, marine casualty investigators, and ing is overseen by career professionals who marine safety engineers. will give safety the highest priority, and not RECOGNITION OF DENNIS GUEST Licensing Requirements for MODU Cap- be improperly influenced by political ap- FOR DISTINGUISHED SERVICE tains: H.R. 5629 requires that a MODU (such pointees or the regulated industry. as the Deepwater Horizon) is, at all times, FUNDING FOR AGENCY RESPONSE ACTIVITIES HON. MARY JO KILROY under the command of a licensed and pro- Authorized Level of Coast Guard Per- OF OHIO ficient master who is responsible for the sonnel: H.R. 5629 authorizes an end-of-year safety of both the navigational and indus- strength for active-duty Coast Guard per- IN THE HOUSE OF REPRESENTATIVES trial functions (e.g., drilling operations) on sonnel of 47,300 for fiscal year 2011, of which Wednesday, June 30, 2010 not less than 300 personnel shall be assigned the MODU. Ms. KILROY. Madam Speaker, I rise today INCREASED OVERSIGHT OF OIL SPILL RESPONSES to implement the activities required of the Coast Guard by this Act. to recognize Dennis Guest, Executive Director Evaluation, Approval, and Public Avail- Authorization of Appropriations from the of the Columbus Metropolitan Housing Author- ability of Oil Spill Response Plans: H.R. 5629 Oil Spill Liability Trust Fund: H.R. 5629 spe- ity (CMHA), as he retires from a lifelong ca- ensures that EPA, the Coast Guard, and DOT cifically authorizes appropriations from the reer as an affordable housing advocate. Dur- have the authority to require owners and op- Oil Spill Liability Trust Fund for the Coast ing 24 years at CMHA, Dennis supervised 250 erators of vessels and facilities engaged in Guard, EPA, and DOT to carry out this Act. oil-related activities to submit their oil re- employees administering Housing Choice sponse plans for approval, and make the f Vouchers for approximately 12,500 families, plans publicly available. Clarifies that the HONORING THE SERVICE OF MA- distributing over $77,000,000 to rental property agencies with jurisdiction must review, and, RINES CHRISTOPHER ARNOLD, owners, and managing 3,147 apartments in where necessary, revise, inspect, and enforce JOEL RANGEL, AND CLAYTON Franklin County, Ohio. the provisions of a vessel or facility oil spill YOUNG Dennis facilitated the Rebuilding Lives Initia- response plan. tive and fostered partnerships with the City of Repeal of Response Plan Waivers: H.R. 5629 Columbus, Franklin County, Community Shel- repeals the authority for the agencies with HON. JOHN B. LARSON ter Board, United Way, ADAMH Board, and jurisdiction to allow any tank vessel or on- OF CONNECTICUT other non-profit organizations to provide the shore or offshore facility to operate without IN THE HOUSE OF REPRESENTATIVES an approved oil spill response plan. The bill best housing and supportive services to preserves waiver authority for nontank ves- Tuesday, June 29, 2010 34,000 residents. As a result of his hard work sels. Mr. LARSON of Connecticut. Madam and dedication, CMHA is strategically posi- Oversight of Oil Spill Claims; Acceleration Speaker, I rise to honor Master Sergeant tioned for success well into the future. of Claims to the Oil Spill Liability Trust Christopher Lee Arnold, Master Sergeant Joel Prior to this position, Dennis served as the Fund: H.R. 5629 authorizes the President, in Ascension Rangel, and Gunnery Sergeant Director of Housing Management at the San the event of a spill of national significance, to require a responsible party (or guarantor) Clayton Roy Young of the Marine Battle Color Francisco Housing Authority and the Executive to provide the United States with informa- Detachment who are each retiring after more Assistant at the Oakland Housing Authority. tion on claims for damages made against the than 20 years of service in the Marine Corps. He was also a VISTA Volunteer at the Seattle responsible party or the Trust Fund. Amends The Battle Color Detachment features the Housing Authority and Assistant Public Hous- the Oil Pollution Act of 1990 to allow claim- U.S. Marine Drum and Bugle Corps, the Silent ing Manager in Detroit, Michigan.

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 12521 Devoted to public service, Dennis sits on the Brisbane Department of Public Safety. He pacted a generation of students and we in the Funders Collaborative of the Community was then hired as a police officer with the Minnesota are lucky to have him. I can think Shelter Board, Joint Columbus and Franklin Newark Police Department in September of no one else who deserves this award as County Housing Advisory Board, Housing Vi- 1981, where he served for 29 years. much as he does. sion Council of United Way, and is President As a police officer at the Newark Police De- Madam Speaker, please join me in honoring of the Assisted Housing Services Corporation. partment, Sergeant Parks served 1 year as a Scott Urban for his life of dedication and serv- I ask my colleagues to please join me in fraud detective and 3 years as a Crimes ice to his community and his country. wishing Dennis and his wife Bernadette a Against Persons detective. In July 2004, he f happy retirement after years of dedication to was promoted to the rank of sergeant and the affordable housing needs of Columbus served in a variety of positions including patrol BP DEEPWATER HORIZON OIL and Franklin County, Ohio. sergeant, community safety team sergeant, SPILL f and detective sergeant. During his tenure with the Newark Police HON. JOHN J. HALL HONORING THE CITY OF Department, Sergeant Parks had held many OF NEW YORK CHANDLER collateral duties such as field training officer, IN THE HOUSE OF REPRESENTATIVES FTO; FTO Sergeant, criminal evidence re- Wednesday, June 30, 2010 HON. JEB HENSARLING sponse team, CERT, member; CERT super- OF TEXAS visor; trauma response team; traffic officer; Mr. HALL of New York. Madam Speaker, IN THE HOUSE OF REPRESENTATIVES acting sergeant; SWAT team member; Ala- the tragic BP Deepwater Horizon oil spill in the Wednesday, June 30, 2010 meda County arson task force member; and Gulf of Mexico has cost the nation billions of composite sketch artist. dollars in economic damages to the United Mr. HENSARLING. Madam Speaker, today I I join the City of Newark in expressing ap- States, as well as widespread devastation of would like to recognize the City of Chandler preciation for Sergeant Parks’s leadership and our natural resources. There is an immediate on its 50th anniversary of incorporation on commitment during his service in the Newark need to act—to stop the leak, clean up the oil, July 10th. and repair our fragile economy and eco- Alphonso Chandler and his brother Haskell Police Department. I rise to thank him for his stewardship for public safety and wish him system. But we will be making an irreparable moved their families from Georgia to the area mistake if we do not take this opportunity to located between Kickapoo Creek and the well in his retirement. f examine our energy needs for the future. Neches River in 1859. As one of the first set- Historians will look back on this era as a tlers in the area, Alphonso built a general HONORING SCOTT URBAN turning point. The BP disaster and its resulting store on his property. A U.S. Post Office was damage to our economy and to nature will re- added in 1873, under the name of Stillwater. HON. TIMOTHY J. WALZ shape Americans’ support for renewable en- The Cotton Belt Railroad later made its way to ergy versus continued dependence on oil. the area in 1880, and Mr. Chandler deeded OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES It is impossible for us to comprehend the land to the Texas and St. Louis Railroad for magnitude of the oil spill in the Gulf; we may tracks and a depot. Mr. Chandler also donated Wednesday, June 30, 2010 not be able to calculate the true costs for property for schools, churches and a ceme- Mr. WALZ. Madam Speaker, I rise today to years. But in the midst of unprecedented trag- tery. A new community grew around the rail- recognize the accomplishments of Scott edy, we see hopeful signs of change. road. Urban, a teacher from Mankato West High The military—one of the largest users of en- What many may not know is that Chandler School in Mankato, MN. ergy—is looking at alternative sources of is the birthplace of Senator Ralph Yarborough Scott was one of two recipients this year to power. In my district in New York’s Hudson who represented Texas in the U.S. Senate receive the Minnesota WEM Foundation Out- Valley, the United States Military Academy at from 1957 to 1971. Many of his personal and standing Educator Award for Teacher Achieve- West Point is beginning to use solar and wind public effects can be found at the Chandler ment. energy. Public Library. This award recognizes exemplary teachers Renewable energy is being produced in Chandler has become a gateway to Lake who support, inspire and assist students to at- other places unimaginable not long ago. More Palestine, a beautiful body of water that is tain greater learning. The recipients of this than 1,300 billboards in Florida will be con- home to many migratory birds and waterfowl, award are nominated by students, parents, verted to solar and wind energy by the Lamar as well as great fishing and recreational boat- colleagues, and community members—the Advertising Company. This is notable because ing. Traveling on South FM 315, one might people who know the difference a good teach- it showcases renewable energy as a practical catch a glimpse of our nation’s emblem, the er can make. and accepted corporate solution. bald eagle, soaring over the lake. As a teacher on leave from Mankato West, Further, billboards are visible. The solar Chandler is a growing community and its I have had the honor to teach with Scott. panels and small wind turbines will create citizens live by its motto, ‘‘City with a Heart.’’ I’ve seen how Scott’s passion for teaching awareness about renewable energy, sending a I would like to congratulate the City of Chan- and outstanding leadership inspires students message that renewable energy is not some dler on its 50th anniversary of incorporation to achieve their true potential. He encourages far away idealist dream. It’s doable, and it’s and recognize its citizens, both past and students to learn the material not for a test, doable now. present, who have given so much to build a but to increase their knowledge and shape The kilowatt production from this project will vibrant community. their world view. be significant. Just as important, the hardware f Scott’s success with students is truly un- is made in the United States. In Times HONORING SERGEANT DAVID matched. Over the past 11 years at Mankato Square, office equipment provider Ricoh just PARKS West, students in his AP government and poli- completed a solar-powered electronic bill- tics class have maintained an 80 percent pass board. Hardware came from companies based HON. FORTNEY PETE STARK rate on the national AP exam, well above the in California, Ohio, and Rhode Island. OF CALIFORNIA state and national averages. Last year, 85 stu- Renewable energy is a growth industry here dents took the exam in his class and 46 at home. In my congressional district, a solar- IN THE HOUSE OF REPRESENTATIVES achieved the highest possible score, five out cell company moved into existing manufac- Wednesday, June 30, 2010 of five. turing space, which had been vacant. Where Mr. STARK. Madam Speaker, I rise today to Students in Scott’s advanced placement did the previous jobs go? China. recognize Sergeant David Parks’s 31 years of government and politics class come away with My congressional district is also home to exemplary service in law enforcement, in a superior knowledge of our political system SpectraWatt, which has started to manufac- honor of his retirement from the Newark, Cali- and a deep appreciation for our democracy. ture advanced silicon photovoltaic cells at the fornia, Police Department. For 27 years Scott has challenged every Hudson Valley Research Park in Hopewell Sergeant Parks began his law enforcement student that walks into his classroom to go be- Junction, NY. When I toured this facility with career as a 2-year public safety officer with yond what is expected. His efforts have im- Labor Secretary Hilda L. Solis in late March,

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12522 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 June 30, 2010 60 people were on the payroll. Since then, nuity and bold leadership have contributed to torical events. Friday, June 25, marks the 60th nine additional employees have been hired the longevity and success of Coatesville’s iron anniversary of the Korean War. In the early and additional hires are expected soon. and steel industry, which helped sustain a hours of June 25 1950, communist forces from As we ponder the sobering consequences community and fueled America’s growth and the north crossed the 38th parallel and in- of the BP oil spill in the Gulf, I ask my col- prosperity. vaded the Republic of South Korea. Two days leagues to not only look at our immediate cri- The steel mill that Isaac Pennock estab- after the North Korean invasion, President sis, but to also consider an energy policy that lished on the banks of the Brandywine River Harry S. Truman authorized the use of Amer- spurs the development of renewable tech- in the early 19th Century developed into an in- ican military forces in Korea. Nearly two mil- nologies. As we invest in renewable energy dustrial complex that housed the world’s larg- lion Americans stepped up in attempt to tri- and rebuild our energy infrastructure, we can est plate mill thanks to the efforts of Dr. umph evil in the Korean theatre. also boost our manufacturing base and create Charles Lukens, Rebecca Lukens and several The Korean War was a civil war; Koreans a broad array of quality jobs. Now is the time generations of leaders. Today, the world’s fought and killed each other on their own soil. to rebuild: our economy and our environment largest steel producer, ArcelorMittal, operates The economic and social danger to the Ko- depend on us. the facility and employs 820 men and women rean nation was incalculable. It was also one f there. of the first episodes of the Cold War between The plant is responsible for several histori- the United States and the Soviet Union. Oth- HONORING JOHN BRYANT BEALL, cally significant achievements. Rebecca Lu- ers, including a communist China, joined in SR. kens is recognized as America’s first female based on their ideologies. chief executive officer. In addition, the rolling Remembering the Korean War is painful for HON. JEB HENSARLING plates for the Cordorus, the first iron-hulled many veterans who fought in it. Those who OF TEXAS vessel, and the Nautilus, the first nuclear sub- were there remember the violent hand to hand IN THE HOUSE OF REPRESENTATIVES marine, were manufactured at the facility. combat and the extreme conditions they faced. Maybe that’s why it’s forgotten. Or Wednesday, June 30, 2010 More recently, the ‘‘steel trees’’ from the World Trade Center, which stood tall after the Sep- maybe it’s due to the fact that history frowns Mr. HENSARLING. Madam Speaker, today I tember 11, 2001 attack, returned home to upon conflicts in which there is no clear win- would like to recognize Mr. John Bryant Beall, Coatesville where they were manufactured. ner. But for whatever reasons there are, the Sr. Mr. Beall is a World War II veteran who Dedicated employees with work ethics as Americans who served, the lives that were will finally receive a significant military honor strong as the steel plates they forge also have lost, and the cause that was fought for should at the Edom July 4th Celebration. been integral to the success of the plant. never be forgotten. President Coolidge once said, ‘‘A nation These highly-skilled and extremely motivated It might not have been the most glorious which forgets its defenders, will itself soon be workers have helped the industry adapt from war in our history, but nearly two million Amer- forgotten.’’ I am proud of Mr. Karl Little, who an era of steam locomotives and iron-hulled icans rose up to triumph evil on the Korean helped Mr. Beall realize this honor, and every- vessels to an era of nuclear submarines and Peninsula during those violent years. That’s one who is taking the time on Independence specialty steel products. pretty unforgettable. Day to honor him. Madam Speaker, I ask that my colleagues f Mr. Beall will be awarded the Bronze Star join me today in honoring the 200th anniver- Medal during a ceremony on July 4th. He sary of the iron and steel industry in the City HONORING DR. LOUIS FISHER ON joined the U.S. Army in February of 1943 and of Coatesville and recognizing the exemplary THE OCCASION OF HIS RETIRE- reached the rank of Private 1st Class before effort of employees, past and present, to MENT FROM THE LIBRARY OF his discharge in November of 1945. Mr. Beall produce world-class products and an enduring CONGRESS served on the front lines of combat in two legacy for the City. campaigns in Central Europe. f HON. BILL DELAHUNT Mr. Beall was one of five brothers that were OF MASSACHUSETTS PERSONAL EXPLANATION raised in Edom. Mr. Beall, along with three of IN THE HOUSE OF REPRESENTATIVES his brothers, served in World War II, while his Wednesday, June 30, 2010 oldest brother was too old to serve in the mili- HON. PETER J. VISCLOSKY tary. It is certainly a testament of courage and OF INDIANA Mr. DELAHUNT. Madam Speaker, on behalf of the many Members in the House of Rep- patriotism for the Beall family to risk so much IN THE HOUSE OF REPRESENTATIVES in the defense of our nation. resentatives who—like myself—have benefited I would like to take this opportunity, on be- Wednesday, June 30, 2010 from this honorable man’s brilliance and dedi- half of the entire 5th Congressional District of Mr. VISCLOSKY. Madam Speaker, on cation, I wish to commend Dr. Louis Fisher, Texas, to thank Mr. Beall and his family for Tuesday, June 29, 2010, I was absent from Ph.D., for his forty years of exemplary service their service to our country. We should be the House and missed rollcall vote 401. to the United States Congress as a member of eternally grateful for our servicemen and Had I been present for rollcall 401, on a mo- the professional staff of the Library of Con- women in the past and present who have tion to suspend the rules and pass, as amend- gress, both with the Congressional Research fought to preserve liberty for our generation ed, H.R. 5623, the Homebuyer Assistance and Service and the Law Library. and generations to come. Improvement Act, I would have voted ‘‘aye.’’ We, and the many colleagues who served f f before us, have each been the beneficiaries of the years Lou Fisher has devoted to assisting HONORING THE BICENTENNIAL OF THE FORGOTTEN WAR the Congress in understanding the U.S. Con- THE IRON AND STEEL INDUSTRY stitution and acting to preserve the responsibil- IN COATESVILLE HON. TED POE ities and prerogatives of the Legislative OF TEXAS Branch while respecting those of the Execu- HON. JIM GERLACH IN THE HOUSE OF REPRESENTATIVES tive and Judicial Branches. He has made a unique, profound and lasting contribution to OF PENNSYLVANIA Wednesday, June 30, 2010 IN THE HOUSE OF REPRESENTATIVES the vitality of the Congress and the Republic. Mr. POE of Texas. Madam Speaker, half Highlights of his career include his assist- Wednesday, June 30, 2010 way across the world, nearly 37,000 Ameri- ance in authoring the new constitutions of Mr. GERLACH. Madam Speaker, I rise cans gave their lives in a struggle against Russia, the Ukraine, Bulgaria, Albania, and today to recognize the 200th anniversary of communism from the summer of 1950 to the Hungary following the fall of the Soviet Union; the oldest, continuously operating steel mill in summer of 1953. How does one forget? his dedicated service as Research Director for the United States located in Coatesville, Ches- Overshadowed by World War II and Viet- the House Iran-Contra Committee; and his ex- ter County, Pennsylvania. nam, the Korean War has commonly been re- tensive testimonies on war powers, state se- During the last two centuries, men and ferred to as ‘‘The Forgotten War’’, although it crets, executive spending discretion, presi- women of great character, tremendous inge- figures prominently in the development of his- dential reorganization authority, Congress and

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 12523 the Constitution, the legislative veto, the item East, Afghanistan and Pakistan, Iran, Somalia, international context. In this respect the up- veto, executive privilege, executive lobbying, and Cuba and stressed the need for trans- coming COP 16 in Cancun was noted. We dis- covert spending, the pocket veto, recess ap- atlantic engagement to address these shared cussed the aim of ‘greening the economy’, in- cluding alternative energy sources, to pro- pointments, the budget process, the balanced foreign policy interests. vide the opportunity of enhancing the qual- budget amendment, biennial budgeting, and There was also an extensive session on the ity of the environment and improving the presidential impoundment powers. He is re- implications of the Lisbon Treaty for Europe, economic situation, as well as the perspec- nowned as a prolific author of books, text- the transatlantic relationship, and the TLD. tive of setting common standards for new books, articles and papers on Congress, the The newly enhanced legislative power of the and environmentally friendly technologies, Constitution, Presidential power, and other European Parliament reinforces the relevancy such as electric vehicles. The national secu- topics, all too numerous to list, and was the and importance of TLD meetings in fostering rity implications of energy sources and inde- pendence were also discussed. 2006 recipient of the Neustadt Book Award for transatlantic cooperation. In the presence of the Director General for Military Tribunals and Presidential Power. In conclusion, I submit the joint statement External Relations of the European Commis- With gratitude for his contributions to the that was agreed upon by American and Euro- sion, Mr. Joao Vale de Almeida, the pros- Congress and the Nation, we extend our deep pean legislators at the 68th TLD meeting held pects for bilateral and global cooperation be- respect and heartfelt esteem to Dr. Fisher and in Madrid. It underscores the rich agenda of tween the EU and the US were discussed and offer our affectionate wishes for his health and this meeting and highlights the many areas in our shared commitment for disaster relief in happiness in retirement. which there was strong transatlantic agree- third world countries and our common inter- ment. est in stable and sustainable development in f all areas of the world were recognized. In the presence of the Spanish Minister for IN PRAISE OF THE TRANS- TRANSATLANTIC LEGISLATORS’ DIALOGUE 68TH MEETING OF DELEGATIONS Foreign Affairs and current President of the ATLANTIC LEGISLATORS’ DIA- [From the European Parliament and the EU General Affairs Council, Mr. Miguel LOGUE MEETING HELD IN MA- United States Congress, Madrid, Spain, 3–6 Angel Moratinos, we exchanged views on re- DRID, SPAIN June 2010, Joint Statement] gions in the world where tensions are high. In this respect we focused attention on the (By Shelley Berkley, Chairwoman, United situation in the Middle East, in Afghanistan States Congress Delegation; Cliff Stearns, HON. HOWARD L. BERMAN and Pakistan, in Iran, Somalia and Cuba. OF CALIFORNIA Vice Chairman, United States Congress An extensive discussion was held on the Delegation; Jim Costa, Vice Chairman, IN THE HOUSE OF REPRESENTATIVES latest financial and economic developments United States Congress Delegation; Elmar in Europe, the US and the world. With regard Wednesday, June 30, 2010 Brok, MEP, Chairman, European Par- to Europe, government interventions to Mr. BERMAN. Madam Speaker, I would like liament Delegation; Sarah Ludford, MEP, stabilise the situation in Member States and Vice Chairwoman, European Parliament the Eurozone are needed. We recognised the to call the attention of my colleagues in the Delegation; Niki Tzavela, MEP, Vice Congress to another successful meeting of the global character of the crisis and its effects Chairwoman, European Parliament Dele- and therefore emphasised the importance of Transatlantic Legislators’ Dialogue (TLD) that gation.) coordinated action. In this respect the pros- was held in Madrid, Spain from June 4–6, We, the Members of the European Par- pects for common approaches regulating the 2010. Chairwoman SHELLEY BERKLEY, yet liament and the United States House of Rep- financial sectors of the economy were ex- again, showed her strong commitment to fur- resentatives, held our 68th Interparliamen- plored. thering the transatlantic relationship in her tary meeting (Transatlantic Legislators’ We evaluated the state of play of the leadership of a bipartisan delegation, which in- Dialogue) in Madrid, from 3–6 June 2010. Transatlantic Economic Council (TEC) and Building on the joint statement issued fol- ways to enhance EU-US economic coopera- cluded Vice-Chairman JIM COSTA (D–CA), lowing our last meeting in New York on 4–7 tion. The transatlantic market should be al- Vice-Chairman CLIFF STEARNS (R–FL), Rep. December 2009, we reasserted the importance lowed to develop its full potential in par- BART GORDON (D–TN), Rep. LINCOLN DIAZ- of regular dialogue on political, social, eco- ticular through reducing non-tariff barriers BALART (R–FL), Rep. MARIO DIAZ-BALART (R– nomic and environmental challenges that af- and joint efforts to find common standards. FL), Rep. PHIL GINGREY (R–GA) and Rep. fect all of our citizens. We agreed to report The importance of a successful outcome of VERN BUCHANAN (R–FL). I wish to recognize back to our parent bodies on the content and the Doha Round was reiterated. We wel- and thank Chairwoman BERKLEY and the en- outcome of our discussions in Madrid, in par- comed a proposal to submit a TLD paper to tire U.S. delegation for their contribution to a ticular in the areas where joint efforts are our respective administrations on ways to expand US-EU trade and economic coopera- constructive dialogue with Members of the Eu- likely to produce positive outcomes. The first experiences with the Lisbon trea- tion. ropean Parliament. ty, and the enhanced powers it gives to the Finally, we reviewed progress in strength- The TLD is the formal response by the Eu- European Parliament, were evaluated and we ening the Transatlantic Legislators Dia- ropean Parliament and the U.S. Congress to concluded that this emphasizes the need for logue, in particular: the commitment in the New Transatlantic continued and expanded dialogue and inter- —the growing interest in communication Agenda of 1995, which enhances legislative action between legislators in the United among Members of our institutions, both in ties between the European Union and the States Congress and the European Par- general and on specific topics, liament. —the strengthening of the TLD in the Con- United States. The TLD biannual meetings gress by enhancing its status, increasing sta- foster transatlantic discourse and encourage In the field of civil liberties, we recognised that we share many common values yet we bility of membership and involving the the exchange of views on topics of mutual in- also recognised that we may have different Speaker of the House of Representatives, —the opening on 29 April 2010 of the Euro- terest. With the additional powers provided by approaches to finding optimal solutions. It pean Parliament Liaison Office (EPLO) in the Lisbon Treaty to the European Parliament, was noted that these differences in approach Washington, are being addressed with a view toward com- it is more imperative now that legislators en- —the steps in expanding contacts among ing to a permanent agreement on the Ter- gage in this dialogue and seek joint solutions staff of our institutions, to the pressing issues that affect citizens on rorist Finance Tracking Program (TFTP). and discussed options for further enhanc- both sides of the Atlantic. We welcomed the intensified contacts, also ing it, such as: The most recent meeting in Madrid ad- on the level of the relevant committees, to —inviting EU and US officials to provide understand differences and explore common dressed a wide range of common challenges, perspectives on strategic issues related to fi- ground. We took note of the EU-US and nancial recovery and economic growth, including energy security and climate change, Member States 2010 Declaration on Counter- —expanding interaction between the US cooperation in both responding to international terrorism of 3 June 2010 ‘Forging a durable Congress and the European Parliament in crises and in providing development aid, and framework to combat terrorism within the Brussels and in Washington, including current economic challenges within the rule of law’. through video-conferencing, Eurozone, the United States, and the world. In the same spirit we discussed issues con- —the possibility of joint hearings and the The session addressing the transatlantic re- cerning energy and climate change. We ex- issuance of joint statements. changed views on adopted legislation on the In conclusion, we reaffirmed our commit- sponse to volatile regions of the world was EU side, in particular the 2020 goals, and on ment to strengthening the transatlantic re- moderated by the Honorable Miguel Angel pending legislation on the US side. We em- lationship and working in partnership to Moratinos, Spanish Minister for Foreign Affairs phasized the importance of sustainable poli- solve common challenges. We pledged to con- and current President of the EU General Af- cies on both sides of the Atlantic which tinue improving the effectiveness of our dia- fairs Council. Members discussed the Middle could facilitate agreement in the larger logue in order to realise the full potential of

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Photographic Archive Project. received care in a Medical Foster Home qual- ANNEX: STATEMENT ON IRAN f ify for VA’s highest priority group due to hav- We, the members of the Transatlantic Leg- ing disabilities rated 50% or more service con- islators Dialogue, condemn the systematic INTRODUCTORY STATEMENT ON nected or having otherwise been found unem- violations by the Iranian regime and its H.R. 5641: TO AMEND TITLE 38, ployable due to service connected conditions. agencies of the human rights of the Iranian U.S.C., TO AUTHORIZE THE SEC- people. The actions of the regime are deny- Given that many of the veterans who are ben- ing the Iranian people the basic human RETARY OF VETERANS AFFAIRS efitting from this individualized, non-institu- rights as described in the United Nations TO PROVIDE NURSING HOME tional care are disabled, afflicted with chronic Declaration of Human Rights. We call on our CARE FOR VETERANS WHO ARE disease, often elderly, and frequently 70% or respective Administrations to strengthen UNABLE TO LIVE INDEPEND- more service connected, placing the entire their efforts to assist the Iranian people in ENTLY AT NON-DEPARTMENT cost burden for adult foster homes on their achieving the rights that they are due, MEDICAL FOSTER HOMES backs is no way to thank them for their valiant through effective means to counteract the regime’s repression. years in service. What’s more, it creates an in- We welcome the coordinated strategy and HON. STEVE BUYER equity of benefits between those who can af- concerted action by the US government and OF INDIANA ford to pay for such care and those that can- the European Union to halt the threat posed IN THE HOUSE OF REPRESENTATIVES not. by Iran’s nuclear weapons and ballistic mis- The legislation I am introducing today would sile programs. Wednesday, June 30, 2010 give VA the authority to enter into a contract f Mr. BUYER. Madam Speaker, today, I am with a certified adult foster home to pay for introducing H.R. 5641, a bill to allow the De- care for certain veterans already eligible for CELEBRATING THE HOWARD K. partment of Veterans Affairs (VA) to enter into VA paid nursing home care. By doing so, it WATKINS PHOTOGRAPHIC AR- contracts with adult foster homes to provide would ensure more veterans have the option CHIVE PROJECT life-long care to veterans unable to live inde- to choose a treatment setting that best suits pendently. their needs free of financial constraints. HON. JIM COSTA Adult foster homes are designed to provide Our veterans in need of life-long care have OF CALIFORNIA non-institutional long-term care to veterans earned the right to decide which long-term IN THE HOUSE OF REPRESENTATIVES who prefer a more personalized, familial set- care environment would make them feel most Wednesday, June 30, 2010 ting than traditional nursing homes are able to at home. And, I encourage my colleagues to Mr. COSTA. Madam Speaker, I rise today to provide. join with me in cosponsoring this legislation to pay tribute to the Howard K. Watkins Photo- VA has been helping to place veterans in make that decision easier. graphic Archive Project, aptly recognized as adult foster homes since 2002 and over time f more than 600 veterans in need have paid to the current ‘‘Fresno Photo Laureate.’’ CONGRATULATIONS TO THE ADVO- receive such care. As we speak, 219 veterans Since his arrival in Fresno in 1973, Howard CATES FOR SELF-GOVERNMENT K. Watkins has been photographing and docu- are living in these special homes. menting events in the greater Fresno area. His The need for long term care is increasing as collection of 200,000 photos is the largest of veterans from past conflicts get older, and it HON. RON PAUL OF TEXAS its kind and includes: elected officials, commu- will continue to grow as wounded warriors re- IN THE HOUSE OF REPRESENTATIVES nity and business leaders, members of the ju- turn home from Iraq and Afghanistan with se- diciary and legal community, celebrities, nu- vere injuries that require life-long assistance. Wednesday, June 30, 2010 merous community groups, parades, political While nursing homes will always be a valuable Mr. PAUL. Madam Speaker, the Advocates rallies, athletes, historic buildings and several tool for providing lasting care, for some the in- for Self-Government, one of the freedom award winning photographs. dividualized, home-like atmosphere of an adult movement’s leading organizations, is cele- Influenced by the historic Pop Laval Photo- foster home is a much more attractive alter- brating their 25th anniversary this year. I am graphic Archive Collection and encouraged by native than the prospect of moving into a tradi- pleased to take this opportunity to congratu- others, Mr. Watkins has partnered with the tional nursing home. late the Advocates on this anniversary and Fresno Regional Foundation and the Henry The advantages of adult foster homes are wish them continued success in promoting lib- Madden Library at California State University, clear. Veterans who opt for foster home care erty. Fresno to provide a permanent home for all to will move into a home owned or rented by The Advocates where founded by my friend, enjoy. Therefore, Fresno State is helping to their chosen foster home caregiver. The care- the late Marshall Fritz. Marshall saw that the establish the Howard K. Watkins Photographic giver—who has passed a VA screening, fed- growth of the freedom movement was handi- Archive Project with the goal of making the eral background check, and home inspection capped by the lack of an organization to help photographs publicly accessible as an online and agreed to undergo annual training—re- activists better communicate the freedom phi- historical archive. sides with the veteran and provides them with losophy to the general public. In order to rem- Mr. Watkins began taking photos in junior 24-hour supervision and personalized care. edy this situation, Marshall rallied a group of high school with a simple Brownie camera. He For as long as that veteran resides in the activists and donors and founded the Advo- pursued his passion for photography as a home, VA adult foster home coordinators and cates in order to teach libertarians how to ef- hobby as a young adult and continued members of a VA Home Care Team will make fectively communicate their principles. throughout his career as an attorney with both announced and unannounced visits at Under the leadership of Marshal from 1985 Fresno County Legal Services and the Office least three times every month to ensure the until 1991; Carole Ann Rand from 1991 until of Fresno County Counsel. Mr. Watkins be- veteran is safe and the home and caregiver 1995; and Sharon Harris since 1995; the Ad- came the official photographer for the Fresno are in compliance with VA’s high quality stand- vocates has helped countless libertarians by County Supreme Court and has taken photo- ards. providing them with the intellectual resources graphs for the State Bar of California and the Additionally, the Home Care Team will pro- necessary to effectively battle for a free soci- California Supreme Court. vide veterans with comprehensive, inter- ety. Now retired from a distinguished thirty-three disciplinary primary care and provide the care- Without a doubt, the Advocates are best year career in the legal field, Mr. Watkins is givers with supportive education and training. known for the ‘‘World’s Smallest Political devoting most of his time to indexing his pho- Many veterans who choose to reside in an Quiz.’’ Created by Marshall and based on an tographic collection and raising the funds adult foster home would otherwise be in need original idea by David Nolan, this quiz graphs needed to make his photos accessible for of nursing home care and would qualify for VA an individual’s political philosophy based on generations to come. benefits to receive it. However, because VA is responses to a series of ten questions that Madam Speaker, I ask my colleagues to not authorized to provide veterans with as- measure one’s commitment to economic and rise with me today to express our appreciation sisted living benefits, these veterans must pay personal liberty.

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As one of few ‘‘out’’ gay public offi- generously provide free copies of the quiz, as went toe-to-toe with people and their ideas, al- cials, Dr. Lear was a leading advocate for the well as libertarian literature and other outreach ways maintaining a level of civility and dignity inclusion of sexual orientation in civil rights materials, free of charge to liberty-minded while doing so. She always had the last word provisions barring discrimination. Additionally, groups such as the Republican Liberty Caucus because her words were so powerful. She and Young Americans for Liberty. could move an individual with a paragraph, he was influential in ensuring the passage of The quiz has been taken over 15 million writing scores of powerful Letters to the Edi- the Philadelphia Gay Rights Bill in 1982. times online, has been reprinted in dozens of tors of newspapers and magazines across the Throughout his career, Lear sought to im- newspapers and magazine, is referenced by country. Her work improved the editorial pages prove the lives of ordinary people by broad- major high school and college textbooks, and of local papers as well as the New York ening access to quality healthcare, especially is used by educators in classrooms across Times, Wall Street Journal, Time, and News- to those who were marginalized in society be- America. The quiz is responsible for many week. She wrote three volumes of memoirs cause of their sexuality. In 1979, Lear and a people’s first contact with libertarian ideas. and illustrated them with her own paintings. small group of others founded Lavender While traveling around the country, I have Her watercolors helped raise money for often heard people say, ‘‘I never knew I was causes she loved, including animal welfare, Health, which would become the first health a libertarian until I took the quiz.’’ death with dignity, and freedom of choice for center in Philadelphia dedicated to meeting The Advocates also recently revamped their women. the unique needs of the city’s gay and lesbian Libertarianism.com web site, featuring com- One of her most recent letters was pub- community. Lavender Health, now known as mentary on the libertarian position on a variety lished in the Almanac, a venerable weekly the Mazzoni Center, continues to provide a of issues from notables in the freedom move- published on the San Francisco Peninsula, on much needed resource in Philadelphia as it is ment. I was honored when the Advocates May 12, 2010. In this letter she excoriated Ari- the only organization to provide comprehen- asked me to participate in this project. zona’s new immigration law. She wrote that sive health and wellness to LGBT people. Fur- As they prepare to celebrate their 25th anni- ‘‘this new law increases the underlying racism versary, it is a pleasure to thank the founder, thermore, the Mazzoni Center is the oldest which seems to have replaced the message AIDS organization in Pennsylvania and the the staff and the donors of the Advocates for held with such pride by the Statue of Liberty, fourth oldest in the nation. Self-Government for all they have done for the a gift from France: ‘give me your tired, you cause of liberty. I wish them continued suc- poor, your huddled masses yearning to be Lear’s determination to help others was truly cess. free . . . I lift my lamp beside the golden unmatched and the extent of his work is far f door.’ reaching. He helped found the Gay and Les- TRIBUTE TO TRISH LOWREY The message of ‘freedom, democracy, and bian Community Center (now the William Way HOOPER international friendship’ is put aside as this Center), the Philadelphia AIDS Task Force, vaunted compassionate country loses its bear- and the Maternity Care Coalition of Greater HON. ANNA G. ESHOO ings. Urged on by hate-mongers and the shrill Philadelphia. In addition, he also convened the voice of ‘Gotcha!’ plus cries of ‘down with gov- OF CALIFORNIA first national conference on AIDS in the 1980s ernment,’ we’re teetering on the brink of a new IN THE HOUSE OF REPRESENTATIVES brand of isolationism.’’ before the disease received any widespread Wednesday, June 30, 2010 Madam Speaker, I ask my colleagues to join attention from the media or government. In the Ms. ESHOO. Madam Speaker, I rise today me in extending our deepest sympathies to 1970s, he was a part of a small group that to honor the extraordinary life of a distin- Trish Hooper’s daughters Margo Hooper and helped to desegregate medical schools in guished Californian, Trish Lowrey Hooper, a Helen Hooper McCloskey, her sons John C. Philadelphia. Moreover, Lear was visionary in longtime resident of the 14th Congressional Hooper and Lawrence Hooper, her sister his advocacy for expanded access to District, who died after a fall on Thursday, Helen Virginia Brown, her brother Charles F. healthcare beyond gays and lesbians, to in- June 3, 2010. She lived 87 full, productive, Lowrey, and her five grandchildren. We honor clude communities of color facing similar bar- and compassion-filled years. the memory of Trish Hooper for the life she riers to care. Toward the end of his life, his re- Trish Hooper was a devoted wife, a loving lived so well and for her extraordinary service search interests included documenting the mother, intrepid traveler, painter, writer, and to our Nation. She was a force of nature and 100+ year struggle to obtain universal passionate American who worked tirelessly for will be sorely missed and never forgotten by justice, women’s rights, and democratic val- anyone who was privileged to know her. Trish healthcare. ues. As a child she lived in New Jersey, Cali- made our community better and our country Lear was not only an advocate for LGBT fornia, and Hawaii, and was a graduate of stronger. Her brand of citizenship stands as issues, but also vocal in his support for the Sarah Lawrence College. the highest standard for all of us to emulate. wellbeing of all Pennsylvanians. As an active Trish Hooper had a great sense of joie de f member in the American Public Health Asso- vivre. She was fascinated by everything and ciation (APHA) for over 50 years, Lear cham- fascinating to be with. She married John Hoo- HONORING THE LIFE AND LEGACY per, an attorney, and they spent the years of OF DR. WALTER LEAR pioned a number of causes involving minority World War II on military bases. On returning to health, social justice, and health issues facing San Francisco, John Hooper practiced law HON. CHAKA FATTAH lesbian, gay, bisexual, and transgender peo- and Trish raised their four children. In a char- OF PENNSYLVANIA ple. The APHA recognized Lear’s vast work acteristic action, she, John, and the children IN THE HOUSE OF REPRESENTATIVES and activism at their 134th annual meeting traveled by freighter to France in 1957, where where they awarded him the Helen Rodriguez- Wednesday, June 30, 2010 they spent ten years with John working with Trias Award for Social Justice. Sadly, Dr. Lear NATO and she coping with the challenges of Mr. FATTAH. Madam Speaker, I rise to died on May 29, 2010. He is survived by his raising children in houses in Paris, Switzerland honor the life of Dr. Walter Lear. Dr. Lear was loving partner of over 50 years, James F. a committed physician, outspoken health ad- and Italy. She wrote charmingly of these Euro- Payne, his former wife, Evelyn Lear; a son, pean years in her memoirs. vocate for gay and lesbian people, and a great In 1967, Trish and John Hooper moved to Philadelphian. A native of Brooklyn, New York, Jon Stewart, and a daughter, Bonnie Stewart. Woodside and immersed themselves in local he was born in 1923 and went on to receive I express my sincere condolences to his family issues. They worked tirelessly with the can- degrees from Harvard College (B.S), Long Is- and friends, and honor the great work he has didate who would later be their son-in-law, land College of Medicine (M.D.), and Colum- done for the City of Philadelphia and the Na- Paul N. ‘‘Pete’’ McCloskey, in his successful bia University (M.S.). In the 1960s, Dr. Lear tion. campaign to represent the people of the Mid- left New York to become the Philadelphia Peninsula area in the United States Congress. health commissioner and later became the ex-

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12526 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 June 30, 2010 REPUBLICAN YOU-CUT PROPOSAL to clean energy. At the recent G–20 Summit in IN RECOGNITION OF THE U.S. SOO Pittsburgh, the administration agreed with the BAHK DO MOO DUK KWAN FED- HON. KEVIN BRADY other G–20 nations to eliminate these sub- ERATION OF TEXAS sidies. IN THE HOUSE OF REPRESENTATIVES The unique tax breaks enjoyed by the oil in- HON. JOHN H. ADLER Wednesday, June 30, 2010 dustry provide unnecessary and harmful in- OF NEW JERSEY centives for exploration, drilling, and refining IN THE HOUSE OF REPRESENTATIVES Mr. BRADY of Texas. Madam Speaker, I activities that keep America anchored to oil, a Wednesday, June 30, 2010 rise today in solidarity with Americans who are threat to our environment and our national se- telling this Congress to stop spending. curity. The United States consumes 25 per- Mr. ADLER of New Jersey. Madam Speak- More than a million votes have been cast cent of the world’s oil but has less than 3 per- er, I rise today to honor the U.S. Soo Bahk Do this week as part of the You-Cut initiative, cent of the proven reserves. Moo Duk Kwan Federation, one of the largest which gives Americans the chance to say uniform karate organizations in the world, By continuing to artificially subsidize fossil what spending we need to eliminate. practicing the official martial arts system cre- fuels, we undermine investments that will This week, the American people said we ated by legendary martial artist, the late guarantee our energy dependence. It is time need to stop paying federal workers to con- Grandmaster Hwang Kee. duct union activities. for our country to shift gears, end the billion With over 5,000 members this martial arts These are bureaucrats who are paid by tax- dollar carve-outs for the largest oil companies, system places emphasis on personal growth payers but spend 100 percent of their time and start investing our limited taxpayer dollars and values as directed by Grandmaster helping their unions. Their salaries should be in America’s future rather than America’s past. Hwang Kee. He not only wanted his students paid for by union leaders—not hard-working to be able to avoid outside physical conflict, American families. f but he wanted them to be able to avoid inner These workers cost taxpayers $1.2 billion A TRIBUTE TO CHESTER REED conflict as well. Most importantly, these stu- This is not the ethical government the Amer- FOR A LIFETIME OF DEDICATION dents have developed the ability to improve ican people were promised, and today, I urge TO PUBLIC SERVICE themselves, their community, and the world for my colleagues on both sides of the aisle to years to come. vote to stop this unfair funding. Madam Speaker, please join me today in f HON. JERRY LEWIS recognizing the outstanding work of the U.S. Soo Bahk Do Moo Duk Kwan Federation. INTRODUCING THE END BIG OIL OF CALIFORNIA TAX SUBSIDIES ACT f IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF FRANK HON. EARL BLUMENAUER Wednesday, June 30, 2010 KAPPELER OF OREGON Mr. LEWIS of California. Madam Speaker, I IN THE HOUSE OF REPRESENTATIVES join my colleague KEN CALVERT to pay tribute HON. MIKE THOMPSON Wednesday, June 30, 2010 to Chester Reed, a hard-working, highly val- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Mr. BLUMENAUER. Madam Speaker, today ued employee of the United States Postal I rise to introduce the End Big Oil Tax Sub- Service. Chester will soon retire after 37 years Wednesday, June 30, 2010 as a forklift operator in the Postal Service’s fa- sidies Act, legislation that will end the expen- Mr. THOMPSON of California. Madam cility in Redlands, CA. sive and unnecessary subsidies that the Speaker, I rise today along with my colleague, American people provide to the world’s largest One item I should note: Chester is 95 years LYNN WOOLSEY, to honor and pay tribute to and most profitable companies. The legislation old, making him the oldest of the Postal Serv- Frank Kappeler, one of eight surviving mem- leaves untouched the tax treatment for small, ice’s 596,000 career employees. bers of ‘‘Doolittle’s Raiders’’ who passed away independent companies. Joining the plant in 1973, this Ohio native Wednesday, June 23, 2010, in Santa Rosa, Every year, Americans file their tax forms, and proud Riverside, CA resident started a ca- California at the age of 96. contributing to our nation’s defense, education, reer of service that was marked by never ar- Lieutenant Colonel Kappeler was one of 79 and infrastructure. Yet the biggest oil compa- riving late, never using a day of sick leave, U.S. Army Corps aviators who volunteered to nies retain staggering tax benefits that shield and regularly working 12-hour days while vol- fly the daring bombing mission over Japan these companies from their tax burdens. unteering to work more. His enthusiastic spirit four months after the surprise attack by the These benefits may have made sense dec- has made him a favorite among his col- Japanese on Pearl Harbor. ades ago for a fledgling industry, but today leagues. Sixteen B–25 bombers and the men aboard there is no need to protect the largest and Chester knows something about longevity. launched from an aircraft carrier in the Pacific most profitable companies in the world from He was married for over 60 years. Prior to his on April 18, 1942, and headed for Japan, burdens that every other taxpayer faces. time with the Postal Service, Chester served knowing that they did not have enough fuel to In 2008, the top five oil companies made a 25 years in the Air Force where he retired as return and even if they could get back, the combined profit of $100 billion. In 2009, a sergeant. He attributes his durability to his large bombers were not able to land on the ExxonMobil hit an all-time record $45.2 billion faith, no junk food, not much meat, and an American carriers. in profits, yet paid no U.S. federal income onion sandwich every day. Lt. Col. Kappeler was the navigator on the taxes. In fact, they received a $156 million tax No. 11 plane and was forced to bail out over refund. To be sure, these companies face Chester cites his time with the Postal Serv- China when the plane’s engines stopped at other tax liabilities. But the cornerstone of fi- ice as the best job he’s ever had. Throughout 11,000 feet. Chinese partisans helped Lt. Col. nancing the federal government is the federal his nearly four decades with the Postal Serv- Kappeler and his crew mates escape capture income tax and here Big Oil can largely offset ice, Chester represented the highest values by Japanese forces. its income with these tax subsidies. It is pat- Federal employees want to provide: courtesy, He eventually escaped from China and ently unfair that ordinary Americans must pay commitment, and a dedication to public serv- spent the rest of WWII in the European the- into a system that subsidizes this mature in- ice. ater, where he flew 53 combat missions. dustry. Retirement is something to be celebrated He retired from the Air Force in 1966 as a At time when we are working to rebuild our and enjoyed. It is not the end of a career, but Lieutenant Colonel. economy and curb the deficit, America cannot rather the beginning of a new adventure. The Doolittle Raid was a significant episode and should not subsidize the most profitable Chester has his sights set on world travel and in the war in the Pacific because it dem- corporations in the world. President Obama’s pursuing his hobby of hang gliding. Madam onstrated to both the American and Japanese FY 2011 Budget proposed ending many of Speaker, I ask you and my colleagues to join people that Japan was not invincible and that these tax breaks, which could reduce the def- Rep. CALVERT and me in sending our best American forces could and would strike the icit and fund national priorities from education wishes to Chester Reed. Japanese homeland.

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 12527 All of the planes participating in the raid RECOGNIZING THE JONES FAMILY Sergeant Mickleburgh received his AA De- were lost and 11 crewmen were killed or cap- AS THE SEBASTIAN COUNTY gree from Chabot Community College in 1981. tured. FARM FAMILY OF THE YEAR While working full time, he earned his BA de- Lt. Col Kappeler is survived by his wife of gree from San Jose State University in 1994. 53 years, Betty Kappeler, his daughter, HON. JOHN BOOZMAN Sergeant Mickleburgh has been instru- Francia Kappeler, and three grandchildren, all OF ARKANSAS mental in teaching Problem Oriented Policing. of Santa Rosa, California. IN THE HOUSE OF REPRESENTATIVES He became an expert in identifying problems Wednesday, June 30, 2010 that needed specific attention and he shared Madam Speaker, Lt. Col. Frank Kappeler is his knowledge with the rest of the police force. a true American hero who served his country Mr. BOOZMAN. Madam Speaker, I rise Sergeant Mickleburgh has enjoyed a highly with great distinction. It is therefore appro- today to congratulate the Jones family for its productive career. His employment file is filled priate that we honor him today and send our excellence in operating a thriving family farm with letters of commendation and appreciation condolences to his family. and the honor of being named the Sebastian for his attention to detail and his commitment County Farm Family of the Year. to helping others. I join the City of Pleasanton f Cody and Angela Jones, along with their in expressing appreciation for his commitment daughter Hallie, operate a successful farm and leadership and I wish him all the best in INTRODUCTION OF ‘‘STOP DECEP- consisting of three poultry houses, and twenty- his retirement. four head of cattle located on one-hundred TIVE ADVERTISING IN WOMEN’S f SERVICES ACT’’ and sixty acres. Through inventive ideas such as automating many of their farm processes HONORING THE USS McCAWLEY and utilizing LED lighting in their poultry (APA 4) SURVIVORS ASSOCIATION HON. CAROLYN B. MALONEY houses, the Jones family is expanding the business at a time when many companies are OF NEW YORK HON. ADAM H. PUTNAM scaling back. OF FLORIDA IN THE HOUSE OF REPRESENTATIVES The Jones’ also share their knowledge of IN THE HOUSE OF REPRESENTATIVES the industry with other farmers in the commu- Wednesday, June 30, 2010 nity. Cody serves as a board member of both Wednesday, June 30, 2010 the Sebastian County Farm Bureau and the Mrs. MALONEY. Madam Speaker, today I Mr. PUTNAM. Madam Speaker, I rise today University of Arkansas Extension Service and am introducing the Stop Deceptive Advertising to honor the USS McCawley (APA 4) Sur- Angela serves as Chairperson for the Sebas- in Women’s Services (SDAWS) Act with 11 vivors Association as they commemorate the tian County Farm Bureau Women’s Com- other Members of the House of Representa- 67th anniversary of the sinking of the ‘‘Mighty mittee. Wacky Mac.’’ Last weekend, these members tives. Senator MENENDEZ is introducing the There is no doubt that the Jones’ hard work companion legislation in the Senate as well. of America’s ‘‘greatest generation’’ gathered and sharing of expertise benefits not just their together for a reunion in Florida to commemo- Fake reproductive health clinics that some- farm but also farms and families within their rate a fateful day in their lives. times bill themselves as legitimate crisis preg- community, the state and throughout America. Named after the eighth Commandant of the nancy centers entice women with unintended I ask my colleagues today to join with me in U.S. Marine Corps, the USS McCawley was pregnancies through their doors under the pre- congratulating the Jones family successes in commissioned in September, 1940 and re- tense of providing a full range of reproductive the farming industry and the honor of being ceived five battle stars for its service in World options, and then try to dissuade women from named Sebastian County Farm Family of the War II. abortion by subjecting them to inaccurate Year. In the summer of 1942, McCawley sailed medical information, anti-choice propaganda, f from the Atlantic Ocean through the Panama and intimidation. This bill would help stop the HONORING SERGEANT BARRY Canal and joined the Amphibious Force, South fraud that these crisis pregnancy centers are MICKLEBURGH Pacific where she became the flagship of the perpetrating on the women of America. Force commander, Rear Admiral Richmond K. The SDAWS Act directs the Federal Trade HON. FORTNEY PETE STARK Turner. On August 7, 1942, McCawley partici- Commission (FTC) to promulgate rules declar- pated in the counterinvasion of Guadalcanal, OF CALIFORNIA the first Allied amphibious operation of the Pa- ing it an unfair or deceptive act for an entity, IN THE HOUSE OF REPRESENTATIVES such as a crisis pregnancy center, to advertise cific War. McCawley continued to unload as a provider of abortion services if the entity Wednesday, June 30, 2010 needed cargo even as nearby U.S. and Allied does not provide abortion services. Organiza- Mr. STARK. Madam Speaker, I rise today to ships were lost or damaged and managed to tions that are not deceptive in their advertising recognize Sergeant Barry Mickleburgh’s retire- destroy three to four enemy aircraft. According or marketing will not be impacted by this bill. ment from the Pleasanton, California Police to Naval records, ‘‘over the following six months, McCawley made several transport The Stop Deceptive Advertising in Women’s Department, and to honor his 30 years of ex- emplary service in law enforcement and com- voyages into the fiercely contested waters Services Act (SDAWS) serves to protect near Guadalcanal, taking in personnel and women seeking information about reproductive munity service. Sergeant Mickleburgh began his law en- materiel that contributed to securing the island options from being subject to disturbing anti- forcement career in 1981 as a security officer in February, 1943.’’ choice propaganda and misinformation about with the Alameda County Sheriff’s Depart- Unfortunately, on the afternoon of June 30, the nature of abortion and its medical effects. ment. In 1982, he became a reserve Deputy 1943, at the start of a campaign to seize the Women have a right to unbiased pregnancy Sheriff and in 1984, he was hired as a full- island of New Georgia, McCawley was at- counseling, and should not be subject to de- time deputy where he served at the Santa Rita tacked by enemy aircraft. McCawley’s gunfire ceptive advertising from anti-choice centers Jail. brought down four planes; but an aerial tor- about the nature of their services. Sergeant Mickleburgh worked on a variety pedo struck McCawley’s engineroom, killing Too many studies have documented that of assignments over the course of his career, 15 of her crew, and shut off all power. some CPCs are intentionally deceiving including SWAT, Bicycle Officer, Field Training Shortly after the crew was rescued by the women, providing false or misleading informa- Officer, Detective, and Narcotic Investigator. USS Ralph Talbot (DD 390), McCawley was tion about the health effects of abortion, the After being promoted to the rank of Ser- attacked by dive bombers, but little damage effect of abortion on future fertility, and the geant on May 14, 2002, Sergeant Mickleburgh was done after the remaining salvage party mental health effects of abortion. Women de- served as a patrol supervisor and the super- manned the guns and successfully struck one serve accurate medical information when mak- visor of the Special Operations Unit which ad- of the three attacking planes. Later that after- ing tough medical decisions. We must not dressed drug and vice related crimes. Ser- noon, the salvage party boarded the USS allow this type of behavior to be perpetrated geant Mickleburgh was also the Field Training McCalla (DD 488), and pulled away from the against women seeking reproductive health Program coordinator and department liaison to damaged ship with all remaining hands safely services. the Department of Homeland Security. accounted for.

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12528 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 June 30, 2010 That night, the final blow came when Corps of Engineers on July 10, 2007. Upon The existing sales and use tax laws are in- McCawley was again torpedoed and sank 340 assuming command of the Los Angeles Dis- adequate and ill-equipped to address today’s fathoms in a matter of seconds. According to trict, Colonel Magness understood the impor- digital economy. The borderless marketplace the Department of the Navy, ‘‘the following tance of managing water resources in a more and complex nature of digital transactions cre- day it was learned that six U.S. motor torpedo comprehensive manner. Working closely with ate new problems that must be addressed uni- boats had torpedoed an ‘enemy’ transport in local watershed stakeholders, Colonel formly and on a national level to avoid double Blanche Channel, after having been informed Magness took an innovative and forward look- taxation and to ensure the fair and equitable there were no friendly forces in the area. USS ing approach to developing Corps of Engi- treatment of digital goods and services. McCawley’s loss to ‘friendly fire’ led to the ur- neers water resource projects. Among his Unfair, multiple and inconsistent taxation of gent imposition of measures to reduce the risk many accomplishments while Commander, these digital goods and services will increase of further such accidents.’’ Colonel Magness played a significant role in costs for U.S. businesses and make them less June 30th, 1943, was an unforgettable day advancing the construction of the Santa Ana competitive in the global economy. The addi- in the lives of these sailors, and as the re- River Mainstem Project, which is one of the tional costs will also hinder investment by maining survivors gather in Florida this week- largest Corps of Engineers projects in the Na- high-tech businesses in the broadband net- end to remember that fateful day, I ask my tion. When completed, the Santa Ana River works used to provide new and innovative dig- colleagues in the House of Representatives to Mainstem Project will provide Orange County ital goods and services. join me in honoring their service. with dramatically enhanced flood protection. Unfair taxes on digital goods and services f Colonel Magness’ military awards and deco- also discourage lower-income consumers from TRIBUTE TO COLONEL THOMAS H. rations include the Legion of Merit, Bronze using innovative digital services and tech- MAGNESS IV Star Medal, Meritorious Service Medal (four nologies. awards), and the Army Commendation Medal The first state tax on digital goods was im- (four awards). He has been awarded the Para- posed in 2007. One year later, eleven addi- HON. KEN CALVERT chutist Badge, Air Assault Badge, and the tional states considered legislation to impose OF CALIFORNIA Ranger Tab. He is a licensed Professional En- new taxes on digital goods, and in 2009 four- IN THE HOUSE OF REPRESENTATIVES gineer in the Commonwealth of Virginia and is teen states considered legislation addressing Wednesday, June 30, 2010 an Accredited Professional for Leadership in the taxation of digital goods and services. Mr. CALVERT. Madam Speaker, I rise today Energy and Environmental Design (LEED). Several states have attempted to impose tele- to honor and pay tribute to an individual Colonel Magness is married to the former communication-specific taxes on downloaded whose dedication and contributions to south- Michelle Carnes of Killeen, Texas. They have music sold by communication providers, taxes ern California are exceptional. Southern Cali- two daughters, Jenna and Shelby. which would not be imposed on similar prod- fornia has been fortunate to have dynamic and Colonel Magness’ tireless commitment to ucts sold by non-communication companies. dedicated community leaders who willingly the U.S. Army Corps of Engineers and his role A consistent, national framework for the and unselfishly give their time and talent and as Commander of the Los Angeles District has state and local taxation of digital goods and make their communities a better place to live contributed immensely to the betterment of services is therefore needed to ensure the fair, and work. Colonel Thomas Magness IV is one southern California. I am proud to call Colonel consistent and equitable taxation of these such individual. On July 1, 2010, Colonel Magness a fellow community member, Amer- goods and services. Magness will be honored at the Change of ican and friend. I know that many people are The Digital Goods and Services Tax Fair- Command Ceremony as the 58th Com- grateful for his service and salute him as he ness Act addresses this clear need by estab- mander, Los Angeles District, for the U.S. completes his tour as the 58th Commander, lishing a uniform national framework for the Army Corps of Engineers. Los Angeles District, for the U.S. Army Corps taxation of digital goods and services. Colonel Magness was born in Fort Camp- of Engineers. I also wish him well as he as- Our measure prohibits state and local juris- bell, KY. He graduated from the United States sumes command on July 8, 2010 to help re- dictions from imposing multiple or discrimina- Military Academy in 1985 with a Bachelor of build northern Afghanistan with the U.S. Army tory taxes on the sale or use of digital goods Science degree and was commissioned a Corps of Engineers. and services, ensuring that digital goods and Second Lieutenant and began serving in the f services are not taxed differently from their Army Corps of Engineers. He later earned a physical counterparts. Master’s degree in Civil Engineering from the SUPPORT OF THE DIGITAL GOODS It provides that taxes may only be imposed University of Texas at Austin. His professional AND SERVICES TAX FAIRNESS on the retail sale or use of digital goods or military education includes the Engineer Offi- ACT OF 2010 services, preventing repeated taxation of dig- cer Basic and Advanced Courses and the ital goods and services at multiple stages of Command and General Staff College. HON. RICK BOUCHER the transaction. Colonel Magness has served in the 2nd Ar- OF VIRGINIA The legislation also ensures that only the ju- mored Division at Fort Hood, TX; the 1st Ar- IN THE HOUSE OF REPRESENTATIVES risdiction encompassing the customers’ tax mored Division in Germany; and the 4th Infan- address may impose taxes on digital goods try Division at Fort Hood, TX. He has been a Wednesday, June 30, 2010 and services, preventing the consumer from platoon leader, battalion supply officer, com- Mr. BOUCHER. Madam Speaker, I rise being taxed by multiple states. For example, a pany commander, and battalion operations of- today to introduce the Digital Goods and Serv- consumer who lives in Virginia could download ficer. He deployed with the 1st Armored Divi- ices Tax Fairness Act. I am pleased to be a digital application from a server in Wash- sion as part of Operation Desert Shield/Desert joined by my colleague from Texas LAMAR ington while on vacation in Idaho. Without our Storm. Colonel Magness served as the District SMITH, the Ranking Member of the Judiciary national framework, all three states could po- Commander for the Detroit District, U.S. Army Committee, as the lead Republican cosponsor tentially try and impose taxes on this trans- Corps of Engineers. Prior to coming to Los of the legislation. action. Angeles, Colonel Magness was a Senior Serv- Presently, consumers and businesses en- Our measure also prevents state and local ice College Fellow at the University of Texas gaged in digital commerce may be subject to tax administrators from retroactively construing at Austin. Colonel Magness has served as an multiple, confusing and burdensome taxation taxes imposed on tangible personal property instructor and assistant professor in the De- because of inconsistent rules across the thou- to also apply to digital goods and services partment of Geography and Environmental En- sands of state and local jurisdictions. Dis- through administrative rulings or regulations. gineering at West Point. He has also served parate treatment of digital goods and services Finally, in recognition of the critical role that two tours as an observer/controller (trainer) at across these jurisdictions creates further con- online health, energy management and edu- the National Training Center at Fort Irwin, CA fusion for consumers and businesses. cation services play in our economy, our where he led the Sidewinder team, preparing Digital commerce extends far beyond the measure exempts these services from all state engineer and maneuver support units and digital music, movies and games downloaded and local taxes. their leaders for combat operations. by consumers to the electronic delivery of pro- Our legislation has been endorsed by a Colonel Thomas H. Magness assumed com- fessional services, educational services and wide range of stakeholders, including the Re- mand of the Los Angeles District, U.S. Army health care services. cording Industry Association of America,

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 12529 Verizon, Apple, Time Warner and Electronic IN RECOGNITION OF WESTERN plan to designate one trauma center in the Arts, among others. RODEO DAYS IN FOLSOM west part of the county and one in the east. I hope my colleagues will join with us in en- To be designated a trauma center, hospitals acting into law the Digital Goods and Services HON. DANIEL E. LUNGREN must meet stringent requirements. Los Robles Tax Fairness Act of 2010. OF CALIFORNIA Hospital’s Trauma Center will offer immediate f IN THE HOUSE OF REPRESENTATIVES availability of specialized personnel, equip- ment and services to treat the most severe OUR UNCONSCIONABLE NATIONAL Wednesday, June 30, 2010 and critical injuries. The Trauma Center in- DEBT Mr. DANIEL E. LUGREN of California. cludes ready-to-go teams that perform imme- Madam Speaker, I rise today to recognize diate surgery and other necessary procedures HON. MIKE COFFMAN Western Rodeo Days in Folsom, and call upon for people with serious or life-threatening inju- OF COLORADO the public to join in the festivities and cele- ries caused by traumatic events. IN THE HOUSE OF REPRESENTATIVES brate the fiftieth anniversary of the Folsom Pro It involves working together with emergency services throughout the county including EMS Wednesday, June 30, 2010 Rodeo. The Annual Cattle Drive, commencing to- services, ambulances, helicopters and other Mr. COFFMAN of Colorado. Madam Speak- morrow night, will travel to historic Sutter healthcare emergency resources in a coordi- er, today our national debt is Street led by the second annual Running of nated and pre-planned way. $13,037,542,715,703.81. the Bullipedes run followed by the Wells Fargo Being named the Trauma Center for eastern On January 6th, 2009, the start of the 111th stagecoach and other entertaining events. Ventura County speaks volumes to the solid Congress, the national debt was This year is the Folsom Pro Rodeo’s 50th commitment from the Los Robles Hospital’s $10,638,425,746,293.80. anniversary and is being held at the Dan Rus- Trauma Team members, Emergency Depart- This means the national debt has increased sell Arena on July 2nd, 3rd, and 4th. The an- ment staff, hospital support staff and medical by $2,399,116,969,410.01 so far this Con- nual rodeo is a cornerstone of Folsom’s link to staff. gress. its colorful past, and is thoroughly enjoyed by Madam Speaker, I know my colleagues join This debt and its interest payments we are residents and visitors alike. me in congratulating Los Robles Hospital & passing to our children and all future Ameri- The 50th Anniversary highlights include all Medical Center for being named the Trauma cans. the traditional rodeo events such as saddle Center for eastern Ventura County and in f and bareback bronco riding, steer wrestling, thanking Los Robles doctors and staff for their team roping, barrel racing, and bull riding. commitment to providing high quality care for HONORING BRENDA MARIE PAGE There will also be special events such as a the most seriously injured patients. ON HER RETIREMENT performance by the Painted Ladies Drill Team, f the rodeo clowns, the crowd-pleasing mutton HON. BART GORDON busting, the arrival of a 35′ American flag via RECOGNIZING THE 40TH ANNIVER- OF TENNESSEE parachute, and an in-arena fireworks and laser SARY OF THE CANADIAN CON- SULATE GENERAL IN MIN- IN THE HOUSE OF REPRESENTATIVES light show. NEAPOLIS Wednesday, June 30, 2010 I would also like to commend the hundreds of volunteers and the community support that Mr. GORDON of Tennessee. Madam has made these events possible every year. HON. BETTY McCOLLUM Speaker, I rise today to honor Brenda Marie I am pleased to recognize Western Rodeo OF MINNESOTA Page, who is retiring after more than two dec- Days in Folsom for their contribution to the IN THE HOUSE OF REPRESENTATIVES ades of dedicated service as Clerk and Master area, and extend my best wishes to the Fol- Wednesday, June 30, 2010 of Tennesssee’s 18th Judicial District. som Chamber of Commerce for a successful A lifetime Middle Tennessean, Brenda at- rodeo season. Ms. MCCOLLUM. Madam Speaker, I rise tended Maplewood High School, then earned f today to join my fellow Minnesotans in cele- her degree at Middle Tennessee State Univer- brating Canada Day and to recognize the 40th sity, my own alma mater. She began her ca- IN TRIBUTE TO LOS ROBLES anniversary of the Canadian Consulate Gen- reer at Tennessee’s Department of Education HOSPITAL & MEDICAL CENTER eral in Minneapolis that serves the Upper Mid- and went on to work as a secretary at Volun- west region of the United States. teer State Community College. Then-Dean of HON. ELTON GALLEGLY Canada and Minnesota are great neighbors, Students Tom E. Gray recognized her abilities OF CALIFORNIA and the past 40 years have helped to and brought her in as secretary upon being IN THE HOUSE OF REPRESENTATIVES strengthen our friendship through growing bi- elected judge, then Chancellor of Sumner lateral trade and investment ties. Canada re- County. Wednesday, June 30, 2010 mains as Minnesota’s number one inter- Brenda was appointed to the constitutional Mr. GALLEGLY. Madam Speaker, I rise in national trading partner, with an average of office of Clerk and Master of the 18th Judicial tribute to Los Robles Hospital & Medical Cen- $16 billion in trade each year. Approximately District in 1988. In her role as Clerk and Mas- ter, which has been designated eastern Ven- 141,000 Minnesota jobs and more than 8 mil- ter, Brenda has worn many hats. In addition to tura County’s first Level II Trauma Center by lion jobs across the United States result from overseeing the operations and budget of the the Ventura County, California, Board of Su- trade with Canada. Additionally, our Canadian Clerk’s office, Brenda is appointed Special pervisors. neighbors make 2 million visits to states in the Master in cases involving the division of prop- Beginning tomorrow, Los Robles will provide Upper Midwest and more than 645,000 resi- erty. She has played critical roles in the exe- Level II Trauma Treatment for residents living dents of our region visit Canada each year for cution of thousands of civil and domestic in the Greater Conejo Valley and the sur- business and tourism. cases throughout her 22 years of service. rounding communities in eastern Ventura I must also be highlighted that during peace Outside of her contributions to the district, County. The Ventura County Medical Center and war time, Canada has always been a vital Brenda has served as a division president of in Ventura will provide trauma treatment for ally. During the current conflicts in Iraq and Af- the State Court Clerk’s Association and an ac- critical patients in western Ventura County. ghanistan, the Canadian people have shared tive member of the County Officials Associa- With its designation as a trauma center, Los their enormous sacrifices with our military, and tion of Sumner County. She has also served Robles will be staffed and equipped to provide our nation is grateful for their deep contribu- as treasurer of the Sumner County Democratic trauma care for any type of emergency pa- tions to national and international security. Party and has been a valued organizer for tient, 24 hours a day, seven days a week. It is an honor to join all residents in Min- many years. Ventura County had been only one of two nesota’s 4th Congressional District in com- Brenda, I hope you enjoy a long and happy counties in the state without an approved trau- memorating the 40th anniversary of the Cana- retirement with your husband, Robert, and ma plan. Two years ago, Ventura County dian Consulate General in Minneapolis, and your children and grandchildren. I wish you all began the process to develop a trauma plan for the celebration of the many ties between the best. and in March the state approved the county’s Canada and Minnesota on this grand opening

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12530 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 June 30, 2010 of the ‘‘Canadiana’’ exhibit at the Minnesota years, and without regard to procedural re- Madam Speaker, let us all applaud the de- History Center in Saint Paul. strictions in relevant Treasury and IRS guid- voted service that Mr. Robert Tade has pro- f ance (such as Revenue Procedure 2001–40) vided to El Cajon and the rest of San Diego. on the number of method changes a plan can I urge all my colleagues to join me in cele- FUNDING RELIEF TO MULTIEM- adopt within a given period of years or the brating the many achievements of this great PLOYER DEFINED BENEFIT deadline for electing the change for a given public servant. PLANS plan year. f It is also intended that the funding relief ap- HON. SANDER M. LEVIN proaches be made available in the case of a ON THE 100TH ANNIVERSARY OF THE BELEN HARVEY HOUSE OF MICHIGAN plan for which the deadline for determining funded status has already passed, and for a IN THE HOUSE OF REPRESENTATIVES HON. MARTIN HEINRICH Wednesday, June 30, 2010 plan for which the deadline is approaching so quickly that plan sponsors and actuaries will OF NEW MEXICO Mr. LEVIN. Madam Speaker, Section 211(a) have little time to take the relief into account IN THE HOUSE OF REPRESENTATIVES of the bill before us gives funding relief to mul- in making these determinations. It is intended Wednesday, June 30, 2010 tiemployer defined benefit plans, by giving that Treasury and the IRS will provide a rea- Mr. HEINRICH. Madam Speaker, I rise them more time to make up for the severe in- sonable period for plan actuaries, if directed to today to pay tribute to a notable constituent of vestment losses that they suffered in 2008 do so by plan trustees, to withdraw their zone New Mexico’s First Congressional District, Ms. and the first quarter of 2009. certifications for the first plan year that started Maurine McMillan, who is the director of the One of the options would give multiemployer after September 30, 2009, and substitute re- Harvey House Museum in Belen, New Mexico. plans that meet a solvency test permission to vised certifications if the result is different amortize the net investment losses incurred ei- The Harvey House Museum was founded in when the relief is taken into account. Treasury 1910 and served as an important gathering ther or both of the first 2 plan years ending and the IRS is also expected to treat plan ac- after August 31, 2008 over 30 years. The space for scores of railroad patrons during the tuaries as not violating the deadlines for pend- first half of the 20th century. During that time, other option—which can be elected inde- ing status certifications, even if they are com- pendent of the plans’ decisions on the first the Santa Fe line and its accompanying rail- pleted within a reasonable period after the road industry defined development in central choice—would allow multiemployer plans to statutory due date, so that they can take ac- smooth those losses up to 10 years, in deter- New Mexico but offered little in the way of count of changes due to the relief. comfort to travelers. mining the actuarial value of their assets. The Finally, because time is of the essence, it is full market value of the investment loss is in- Fred Harvey’s company brought elegant expected that the Secretary of the Treasury restaurants, hotel services and amenities to tended to be calculated as the difference be- and IRS will issue guidance under this legisla- tween the actual market value of the assets the traveling public throughout the Southwest tion promptly after the bill’s enactment and and established a reputation for cleanliness and the expected market value of those as- that such guidance will provide that an action sets, calculated using the assumed rate of re- and friendliness. At its peak, Mr. Harvey’s taken in good faith based on a reasonable in- company operated 84 unique Harvey Houses turn used by the actuary for valuation pur- terpretation of the legislation (including these poses, at the end of the relevant plan year, and was the first ‘‘chain’’ business in the statements) until the guidance is issued will be world, with an average of one house every with adjustments for contributions and dis- deemed to comply with the legislative provi- bursements. In addition, it is also intended that 100 miles of the Santa Fe rail line, from Kan- sions. sas to California. multiemployer plans are to be permitted to re- f flect the full amount of those losses in their Many of those Harvey Houses have since funding calculations, including those portions HONORING ROBERT L. TADE been abandoned, demolished or converted to of the losses that will be recognized over a office or storage space for the railroad, but the period of up to 10 years in the actuarial value HON. DUNCAN HUNTER Harvey House Museum in Belen has been of assets. preserved. It is now listed on the National OF CALIFORNIA Register and visitors are able to tour its many The bill limits the circumstances under IN THE HOUSE OF REPRESENTATIVES which plans that elect either or both of the exhibits. Many community events are also funding relief approaches may only be amend- Wednesday, June 30, 2010 held at the Harvey House Museum, earning ed to increase benefits. It is intended that Mr. HUNTER. Madam Speaker, today I rise the building high regard as a true ‘‘place of the those restrictions apply for the first 2 plan to pay tribute to one of our nation’s most dedi- heart’’ in New Mexico. I am proud to honor Ms. Maurine McMillan years after the plan year in which relief is first cated veterans, Robert L. Tade, Commander, of New Mexico’s First Congressional District reflected in the funding standard account. For American Legion El Cajon Post 303, which I for her continued leadership in preserving the instance, if the multiemployer plan chooses have the honor of representing. extended amortization for the losses incurred In the early 90s, Rob joined the American rich value of the Harvey House Museum of in the 2008 plan year, that would first be re- Legion and quickly became involved in El Belen to New Mexicans, on its 100th anniver- flected in the funding standard account for the Cajon Post 303, serving as Post Commander sary, this month of June, 2010. 2009 plan year, and the benefit-increase re- for the past 3 years. Having been a dedicated f strictions would apply for the 2010 and 2011 service member of the Armed Forces for over HONORING OFFICER KELLY plan years; if extended amortization (or 10- 40 years, Rob understands the importance of O’NEAL year smoothing) is also used for losses in- advocating patriotism and honor to our na- curred in 2009, the restrictions would apply for tion’s youth and devoting time to fellow service HON. FORTNEY PETE STARK the 2011 and 2012 plan years. I note that a veterans. Since he joined the American Le- OF CALIFORNIA special effective date rule applies the restric- gion, Rob has displayed an endless enthu- IN THE HOUSE OF REPRESENTATIVES tions only to benefit increases that become ef- siasm in ensuring the success of his post, fective after the date of enactment. having almost tripled the membership and in- Wednesday, June 30, 2010 The funding relief approaches are also in- stituting more than two dozen programs to Mr. STARK. Madam Speaker, I rise today to tended to be available to plans that use actu- support the local community. recognize Officer Kelly O’Neal’s retirement arial funding methods that do not identify ex- On June 26, 2010, Commander Tade was from the Pleasanton, California Police Depart- perience gains and losses as separate items. bestowed with the California Department of ment, and to honor his thirty-four years of ex- Treasury and the IRS is expected to allow all the American Legion’s highest honor: Legion- emplary service in law enforcement. multiemployer plans to use the relief, either as naire of the Year for 2010. He was selected Officer O’Neal began his law enforcement an overlay to a funding method that otherwise out of 117,000 dedicated members who serve career as a Reserve Police Officer with the does not produce experience gains and losses our worthy veterans and youth groups today. City of Pleasanton in 1976. For 8 years, he or by giving blanket permission to multiem- Rob is truly deserving of such an award and volunteered his time working alongside full- ployer plans to switch to a method that does is a prime example of the patriotism that time officers during patrol operations and dur- produce them, effective for all relevant plan makes our country the best in the world. ing special events.

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD June 30, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 12531 Beginning in 1985, Officer O’Neal worked as ing on as original co-sponsors. I also want to dedicated Senate staffers who were devoted a full-time police officer. He worked on a vari- thank the continued commitment of the 54 to serving the public. One of the most out- ety of assignments, including patrol, detective, members of the Sustainable Energy and Envi- standing was Robin McIntyre Moseley of Irmo two assignments as a Motorcycle Officer, and ronment Coalition, who have endorsed the bill who was always enthusiastic about being ac- as SWAT team member. and whose dedication has been invaluable. countable and accessible. She has been the During his 34 years of service, his true pas- An estimated one million Gulf Coast resi- right hand of State Senate Education Com- sion was investigating drug-related crimes. Not dents will likely face permanent job loss as a mittee Chairman John Courson, who has been only was he widely respected in the law en- result of the Deepwater Horizon accident, and so successful serving South Carolina pro- forcement community as a Drug Recognition experts predict that it will take years, if not moting quality education. Expert Instructor, but also by those who he ar- decades, to recover from the environmental Robin is retiring on July 1, 2010, and her rested because of the fair and understanding devastation. We’ve already heard that some service was recognized by the South Carolina manner he treated everyone. In 1999, the Na- fisheries and ecosystems will likely never fully State Senate Resolution below that was tional Highway Traffic Safety Administration recover. If we learned anything from the unanimously adopted: and the California Highway Patrol recognized Exxon Valdez spill, it’s that we’re going to A SENATE RESOLUTION Officer O’Neal for arresting over 100 drug- or need an enormous and continued effort to CONGRATULATING ROBIN MCINTYRE MOSELEY ON alcohol-impaired drivers. He was selected as clean up this mess, and this bill will help us do THE OCCASION OF HER RETIREMENT FROM THE the Officer of the Year for his outstanding ac- just that. STAFF OF THE SOUTH CAROLINA SENATE, complishments. f THANKING HER FOR HER DEDICATION TO THE Throughout his career, Officer O’Neal PEOPLE OF SOUTH CAROLINA, AND WISHING served as a Field Training Officer and was re- HONORING OFFICERS DAVID HER WELL IN ALL OF HER FUTURE ENDEAVORS sponsible for training dozens of officers. His CURTIS AND JEFFREY KOCAB Whereas, the members of the Senate have passion for new and innovative firearms and learned that Robin Moseley, Director of Re- safety training brought the most realistic train- HON. GUS M. BILIRAKIS search for Higher Education with the Senate Education Committee, will be retiring on ing scenarios possible to fellow officers. OF FLORIDA July 1, 2010; and He gave everything he had to the depart- IN THE HOUSE OF REPRESENTATIVES Whereas, Senator John E. Courson hired ment and its members, and set a fine example Wednesday, June 30, 2010 Robin in January 1991 to assist him in his of responsibility and dedication. Senate office; and I join the City of Pleasanton in applauding Mr. BILIRAKIS. Madam Speaker, I rise Whereas, as Senator Courson’s Chief of Officer O’Neal’s leadership within the today to honor the lives of David Curtis and Staff, Robin has faithfully and compas- Pleasanton Police Department and expressing Jeffrey Kocab, Tampa police officers who sionately assisted the people of Senate Dis- appreciation for his commitment to public safe- were shot and killed in the line of duty Tues- trict 20, Richland and Lexington Counties, ty. He is an outstanding role model for others day morning. Both officers were highly revered and throughout the State for twenty legisla- in law enforcement to follow and I wish him by their peers. tive sessions; and Officer Curtis is remembered fondly for his Whereas, Robin has had a distinguished ca- well in his retirement. reer of public service working for the Senate f positive outlook on life, his rational demeanor, Invitations Committee and the Senate Edu- and his devotion to this family. Many of those INTRODUCTION OF THE GULF cation Committee; and who know him comment about his dedication Whereas, Robin McIntyre Moseley is from COAST RESTORATION ACT to his wife, Kelly, and four sons Austin, Sean, Marion, South Carolina and is the daughter Tyler, and Hunter. He chose to work midnight of Dorothy Dozier ‘‘Dot’’ McIntyre and the HON. JIM McDERMOTT shifts so that he would have more time to late Robert Joseph McIntyre; and OF WASHINGTON spend with them. Whereas, Robin has two brothers, Joe and Al, and one sister, Betsy; and IN THE HOUSE OF REPRESENTATIVES Officer Kocab is described as a highly moti- vated individual—active and productive—al- Whereas, Robin is the proud mother of Wednesday, June 30, 2010 Scott Moseley, married to Melinda Moseley, ways looking for the ‘‘bad guys’’ and an ex- and is the doting grandmother, known as Mr. MCDERMOTT. Madam Speaker, I rise ceptional learner. He exuded a caring and ’’Grandma Robin,’’ to Alex and Kate; and today to announce the introduction of the Gulf compassionate temperament toward those Whereas, Robin is a faithful and active Coast Restoration Act, legislation that would around him. His colleagues comment that his member of McGregor Presbyterian Church in create jobs and national service positions to family was the main focus of his life. He was Irmo where she is an elder and Sunday clean and restore the Gulf Coast, and help re- tragically taken from his pregnant wife, Sara. school teacher, and has served as Clerk of build communities throughout the Gulf Coast Fine officers such as David Curtis and Jef- the Session; and region. Funding for these jobs and services frey Kocab, who so selflessly sacrifice their Whereas, Robin is an involved member of would be provided by BP in accordance with lives, keep us safe in our communities. the Irmo community and was the longest the company’s liability under the Oil Pollution serving president of the Ballentine-Dutch Though truly proud to have such upstanding Fork Civic Association; and Act of 1990. officers in my community, it is with great re- Whereas, in her free time, Robin enjoys We have now learned twice—both in the morse that I rise and commemorate their lives. gardening and photography. In 2005, she was wake of the Exxon Valdez spill and the ongo- It is such a tragedy that these remarkable men honored when one of her many wonderful ing cleanup of this disaster—that oil compa- were taken at the prime of their lives. I extend State House photographs graced the cover of nies will never hold themselves accountable my condolences to their families, friends, and the 2005 Legislative Manual; and for their mistakes. Negotiating or trying to work colleagues. Although I did not have the honor Whereas, Robin’s decision to retire from with oil companies is futile. We have heard of knowing Officer Curtis or Officer Kocab, I her current position will leave her time to delight in caring for her grandchildren and from BP over and over again that it is pre- am thankful to know that because of their tire- pared to fund the cleanup of the Gulf Coast spend time on her family’s farm in Marion less work, so many lives have been enhanced where her mother and siblings reside; and and compensate those whose livelihoods have and made safer. Whereas, it is fitting and proper for the been devastated by the spill. And over and f members of the South Carolina Senate to over again, the American public has seen how recognize Robin’s achievements on the occa- unprepared BP was to handle a catastrophic IN HONOR OF ROBIN MOSELEY sion of her retirement. Now, therefore, event like the Deepwater Horizon incident. It’s Be it resolved by the Senate: going to take Congress and the Administration HON. JOE WILSON That the members of the Senate, by this resolution, congratulate Robin McIntyre to force oil companies to do their fair share. OF SOUTH CAROLINA This bill will both help clean up the Gulf and Moseley on the occasion of her retirement IN THE HOUSE OF REPRESENTATIVES from the staff of the South Carolina Senate, provide a much-needed infusion of jobs into Wednesday, June 30, 2010 thank her for her dedication to the people of the region. South Carolina, and wish her well in all of I want to thank Representatives ISRAEL, Mr. WILSON of South Carolina. Madam her future endeavors. HIMES, CONNOLLY, LANGEVIN, SUTTON, HIN- Speaker, during my 17-year service in the Be it further resolved that a copy of this res- CHEY, BLUMENAUER, and JOHN LEWIS for sign- South Carolina State Senate, I met many olution be forwarded to Robin Moseley.

VerDate Mar 15 2010 10:18 Jul 29, 2013 Jkt 089102 PO 00000 Frm 00021 Fmt 0689 Sfmt 0634 E:\BR10\E30JN0.000 E30JN0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 12532 EXTENSIONS OF REMARKS, Vol. 156, Pt. 9 June 30, 2010 TRIBUTE TO MS. EDNA MITCHELL- about meeting there. Governor Pat Quinn ear- even members of the judiciary, and continues STEWART lier this year proclaimed Edna’s Day while to put millions of dollars in the hands of terror- feasting on black-eyed peas and cornbread. ists and narco-traffickers around the world. HON. DANNY K. DAVIS Edna would hire young people and help Chavez has also deepened ties with Iran, OF ILLINOIS them go to college. I cannot count the times through training exercises with Iran’s Islamic IN THE HOUSE OF REPRESENTATIVES she asked me about scholarships and finan- Revolutionary Guards Corps Qods Force. Wednesday, June 30, 2010 cial aid for students. Chavez is leading his nation down the road Edna did more than just manage a res- to tyranny and that, Madame Speaker, is un- Mr. DAVIS of Illinois. Madam Speaker, I rise taurant. She was a guidance counselor, a to pay tribute to one of the most admired, acceptable. Venezuela is the land of Simon community resource, she hired people fresh Bolivar, home to his decedents, freedom-lov- most loved and most influential members of out of prison, she fed the hungry, she clothed my community, and of my congressional dis- ing people who value liberty, justice and the those who were naked, and she gave hope to rule of law. trict. She was not a minister, she was not a the hopeless and provided help for the help- physician, she was not an athlete, she was less. She was active in her church, partici- As Chavez furthers his corrupt and anti- not a gangster and she was not a public edu- pated in politics and played a substantial role democratic activities in our hemisphere, the cator or well known philanthropist. She was a in community affairs. United States must stand firm on the side of queen, the queen of soul, the queen of soul Although Edna is gone, her spirit lives on in freedom and support our democratic allies in food. She was the owner of Edna’s Soul Food her recipes and in her legacy of generosity. the region and all the people who value demo- Restaurant where she fed kings and queens Goodbye to our Queen of Soul . . . that is soul cratic principles, both inside and outside of but never lost the common touch. food. Venezuela. Edna and her father, the late Mr. Sam f I want to thank and commend all Ven- Mitchell Sr. opened Edna’s in the 1960’s and ezuelans living in exile in the United States for operated a number of businesses in the Gar- HONORING VENEZUELAN INDE- their dedication and commitment to preserving field Park Community. Their good food, per- PENDENCE DAY ON JULY 5, 2010 their culture and ensuring that freedom, de- sonality and community spirit propelled Edna’s mocracy and justice once again ring true in into becoming a community institution. HON. MARIO DIAZ-BALART Venezuela. During his stay in Chicago, it was one of Dr. OF FLORIDA South Florida is home to the largest Ven- Martin Luther King Jr.’s, favorite eating places IN THE HOUSE OF REPRESENTATIVES ezuelan and Venezuelan American community and of course they fed him and his staff often in the United States. They have embraced the times for free. Over the years Edna’s became Wednesday, June 30, 2010 values and ideals that we as Americans hold the place to be, it was a meeting place for Mr. MARIO DIAZ-BALART of Florida. true. They make valuable contributions to our ministers, politicians, business persons and Madam Speaker, on July 5th, just one day Nation, serve in our military, and take an ac- others. I have held regular meetings there for after we celebrate our country’s birth, Ven- tive part in the democratic process. both my political and government activities. ezuela will celebrate its independence from Mayors, governors, Presidents, entertainers, Spain. At the same time, they hold tight to their tra- athletes and other well known personalities The Venezuelan people know and love free- ditions, culture and language, work tirelessly were there on a regular basis. Edna and her dom, but that land of heroes has been hi- to support and promote democracy in Ven- family were not just proprietors; they were a jacked by a crazy, corrupt dictator, Hugo Cha- ezuela and hope to one day soon be a part of community institution, her parents, her sisters, vez. a democratic Venezuela. including Judge Judy Mitchell Davis, her broth- His government has limited freedom of the On their day of Independence, I urge the er Sam, Sister Alice, all contributed greatly to press by forcing independent TV stations and United States to stand in solidarity with the the community. One former governor always newspapers to shut down, has silenced its Venezuelan people in their struggle to pre- called it Edna’s Kitchen and would inquire critics by jailing opposition party members and serve freedom and restore democracy.

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