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

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

Vol. 155 WASHINGTON, WEDNESDAY, MAY 20, 2009 No. 78 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces agree to the same with an amendment as fol- called to order by the Speaker pro tem- to the House his approval thereof. lows: pore (Mr. LARSEN of Washington). Pursuant to clause 1, rule I, the Jour- In lieu of the matter proposed to be inserted by the House amendment, insert the f nal stands approved. following: f DESIGNATION OF THE SPEAKER SECTION 1. SHORT TITLE; TABLE OF CONTENTS. PRO TEMPORE PLEDGE OF ALLEGIANCE (a) SHORT TITLE.—This Act may be cited as The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the the ‘‘Weapon Systems Acquisition Reform Act of fore the House the following commu- gentleman from Arizona (Mr. MITCH- 2009’’. nication from the Speaker: ELL) come forward and lead the House (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: WASHINGTON, DC, in the Pledge of Allegiance. May 20, 2009 Mr. MITCHELL led the Pledge of Al- Sec. 1. Short title; table of contents. I hereby appoint the Honorable RICK legiance as follows: Sec. 2. Definitions. LARSEN to act as Speaker pro tempore on this day. I pledge allegiance to the Flag of the TITLE I—ACQUISITION ORGANIZATION United States of America, and to the Repub- NANCY PELOSI, Sec. 101. Cost assessment and program evalua- lic for which it stands, one nation under God, Speaker of the House of Representatives. tion. indivisible, with liberty and justice for all. f Sec. 102. Directors of Developmental Test and f PRAYER Evaluation and Systems Engi- MESSAGE FROM THE SENATE neering. The Chaplain, the Reverend Daniel P. Sec. 103. Performance assessments and root Coughlin, offered the following prayer: A message from the Senate by Ms. cause analyses for major defense Lord God, shepherd Your people as Curtis, one of its clerks, announced acquisition programs. never before. For the times are turbu- that the Senate has passed without Sec. 104. Assessment of technological maturity lent. Terrorism and violence in all its amendment a bill of the House of the of critical technologies of major forms rips apart the very fabric of civ- following title: defense acquisition programs by ilization ancient and new. Competition H.R. 131. An act to establish the Ronald the Director of Defense Research has broken partnership, friendship is Reagan Centennial Commission. and Engineering. Sec. 105. Role of the commanders of the combat- rare, understanding between nations is f threatened. ant commands in identifying joint Who, but You will replace basic trust CONFERENCE REPORT ON S. 454, military requirements. and faithful love once found in family WEAPON SYSTEM ACQUISITION TITLE II—ACQUISITION POLICY life! As in the days of the prophet REFORM ACT OF 2009 Sec. 201. Consideration of trade-offs among Zechariah, we call out to You, O Lord, Mr. SKELTON submitted the fol- cost, schedule, and performance to show forth Your power. lowing conference report and state- objectives in Department of De- Take up Your two staves, one called ment on the Senate bill (S. 454) to im- fense acquisition programs. ‘‘Favor,’’ the other ‘‘Union.’’ With the prove the organization and procedures Sec. 202. Acquisition strategies to ensure competition throughout the lifecycle staff of ‘‘Favor,’’ fashion us again as of the Department of Defense for the Your people. Renew Your covenant of major defense acquisition pro- acquisition of major weapon systems, grams. love within Your chosen ones. With the and for other purpose: staff of ‘‘Union,’’ bind us to one an- Sec. 203. Prototyping requirements for major defense acquisition programs. other both in need and in response as a CONFERENCE REPORT (H. REPT. 111–124) The committee of conference on the dis- Sec. 204. Actions to identify and address sys- people willing to be brother or sister temic problems in major defense once again. agreeing votes of the two Houses on the amendment of the House to the bill (S. 454), acquisition programs prior to Father, may You take delight in us Milestone B approval. as Your very own, both now and for- to improve the organization and procedures of the Department of Defense for the acquisi- Sec. 205. Additional requirements for certain ever. tion of major weapon systems, and for other major defense acquisition pro- Amen. purposes, having met, after full and free con- grams. f ference, have agreed to recommend and do Sec. 206. Critical cost growth in major defense acquisition programs. THE JOURNAL recommend to their respective Houses as follows: Sec. 207. Organizational conflicts of interest in The SPEAKER pro tempore. The That the Senate recede from its disagree- major defense acquisition pro- Chair has examined the Journal of the ment to the amendment of the House and grams.

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

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VerDate Nov 24 2008 01:18 May 21, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 6343 E:\CR\FM\A20MY7.000 H20MYPT1 jbell on PROD1PC69 with HOUSE H5796 CONGRESSIONAL RECORD — HOUSE May 20, 2009 TITLE III—ADDITIONAL ACQUISITION programs and performance of such analyses, as grams and major automated information system PROVISIONS directed by the Secretary of Defense programs for which the Under Secretary of De- Sec. 301. Awards for Department of Defense ‘‘(5) Review, analysis, and evaluation of pro- fense for Acquisition, Technology, and Logistics personnel for excellence in the ac- grams for executing approved strategies and is the Milestone Decision Authority— quisition of products and services. policies, ensuring that information on programs ‘‘(A) in advance of— Sec. 302. Earned value management. is presented accurately and completely, and as- ‘‘(i) any certification under section 2366a or Sec. 303. Expansion of national security objec- sessing the effect of spending by the Department 2366b of this title; tives of the national technology of Defense on the United States economy. ‘‘(ii) any decision to enter into low-rate initial and industrial base. ‘‘(6) Assessments of special access and com- production or full-rate production; Sec. 304. Comptroller General of the United partmented intelligence programs, in coordina- ‘‘(iii) any certification under section 2433a of States reports on costs and finan- tion with the Under Secretary of Defense for Ac- this title; and cial information regarding major quisition, Technology, and Logistics and the ‘‘(iv) any report under section 2445c(f) of this defense acquisition programs. Under Secretary of Defense for Intelligence and title; and in accordance with applicable policies. ‘‘(B) at any other time considered appropriate SEC. 2. DEFINITIONS. ‘‘(7) Assessments of alternative plans, pro- by the Director or upon the request of the Under In this Act: grams, and policies with respect to the acquisi- Secretary of Defense for Acquisition, Tech- (1) The term ‘‘congressional defense commit- tion programs of the Department of Defense. nology, and Logistics; and tees’’ has the meaning given that term in section ‘‘(8) Leading the development of improved an- ‘‘(7) periodically assess and update the cost 101(a)(16) of title 10, United States Code. alytical skills and competencies within the cost indexes used by the Department to ensure that (2) The term ‘‘major defense acquisition pro- assessment and program evaluation workforce of such indexes have a sound basis and meet the gram’’ has the meaning given that term in sec- the Department of Defense and improved tools, Department’s needs for realistic cost estimation. tion 2430 of title 10, United States Code. data, and methods to promote performance, ‘‘(b) REVIEW OF COST ESTIMATES, COST ANAL- (3) The term ‘‘major weapon system’’ has the economy, and efficiency in analyzing national YSES, AND RECORDS OF THE MILITARY DEPART- meaning given that term in section 2379(d) of security planning and the allocation of defense MENTS AND DEFENSE AGENCIES.—The Secretary title 10, United States Code. resources.’’. of Defense shall ensure that the Director of Cost TITLE I—ACQUISITION ORGANIZATION (2) CLERICAL AMENDMENT.—The table of sec- Assessment and Program Evaluation— tions at the beginning of chapter 4 of such title SEC. 101. COST ASSESSMENT AND PROGRAM ‘‘(1) promptly receives the results of all cost EVALUATION. is amended by inserting after the item relating estimates and cost analyses conducted by the (a) DIRECTOR OF COST ASSESSMENT AND PRO- to section 139b the following new item: military departments and Defense Agencies, and GRAM EVALUATION.— ‘‘139c. Director of Cost Assessment and Program all studies conducted by the military depart- (1) IN GENERAL.—Chapter 4 of title 10, United Evaluation.’’. ments and Defense Agencies in connection with States Code, is amended by inserting after sec- (3) EXECUTIVE SCHEDULE LEVEL IV.—Section such cost estimates and cost analyses, for major tion 139b the following new section: 5315 of title 5, United States Code, is amended defense acquisition programs and major automated information system programs of the mili- ‘‘§ 139c. Director of Cost Assessment and Pro- by inserting after the item relating to the Direc- tary departments and Defense Agencies; and gram Evaluation tor of Operational Test and Evaluation, Depart- ment of Defense the following new item: ‘‘(2) has timely access to any records and data ‘‘(a) APPOINTMENT.—There is a Director of ‘‘Director of Cost Assessment and Program in the Department of Defense (including the Cost Assessment and Program Evaluation in the Evaluation, Department of Defense.’’. records and data of each military department Department of Defense, appointed by the Presi- (b) INDEPENDENT COST ESTIMATION AND COST and Defense Agency and including classified dent, by and with the advice and consent of the ANALYSIS.— and proprietary information) that the Director Senate. (1) IN GENERAL.—Chapter 137 of title 10, considers necessary to review in order to carry ‘‘(b) INDEPENDENT ADVICE TO SECRETARY OF United States Code, is amended by adding at the out any duties under this section. DEFENSE.—(1) The Director of Cost Assessment end the following new section: ‘‘(c) PARTICIPATION, CONCURRENCE, AND AP- and Program Evaluation is the principal advisor ‘‘§ 2334. Independent cost estimation and cost PROVAL IN COST ESTIMATION.—The Director of to the Secretary of Defense and other senior of- analysis Cost Assessment and Program Evaluation may— ficials of the Department of Defense, and shall ‘‘(a) IN GENERAL.—The Director of Cost As- ‘‘(1) participate in the discussion of any dis- provide independent analysis and advice to sessment and Program Evaluation shall ensure crepancies between an independent cost esti- such officials, on the following matters: that the cost estimation and cost analysis proc- mate and the cost estimate of a military depart- ‘‘(A) Matters assigned to the Director pursu- esses of the Department of Defense provide ac- ment or Defense Agency for a major defense ac- ant to this section and section 2334 of this title. curate information and realistic estimates of quisition program or major automated informa- ‘‘(B) Matters assigned to the Director by the cost for the acquisition programs of the Depart- tion system program of the Department of De- Secretary pursuant to section 113 of this title. ment of Defense. In carrying out that responsi- fense; ‘‘(2) The Director may communicate views on bility, the Director shall— ‘‘(2) comment on deficiencies in the method- matters within the responsibility of the Director ‘‘(1) prescribe, by authority of the Secretary of ology or execution of any cost estimate or cost directly to the Secretary of Defense and the Defense, policies and procedures for the conduct analysis developed by a military department or Deputy Secretary of Defense without obtaining of cost estimation and cost analysis for the ac- Defense Agency for a major defense acquisition the approval or concurrence of any other offi- quisition programs of the Department of De- program or major automated information system cial within the Department of Defense. fense; program; ‘‘(c) DEPUTY DIRECTORS.—There are two Dep- ‘‘(2) provide guidance to and consult with the ‘‘(3) concur in the choice of a cost estimate uty Directors within the Office of the Director Secretary of Defense, the Under Secretary of within the baseline description or any other cost of Cost Assessment and Program Evaluation, as Defense for Acquisition, Technology, and Logis- estimate (including the confidence level for any follows: tics, the Under Secretary of Defense (Comp- such cost estimate) for use at any event speci- ‘‘(1) The Deputy Director for Cost Assessment. troller), the Secretaries of the military depart- fied in subsection (a)(6); and ‘‘(2) The Deputy Director for Program Evalua- ments, and the heads of the Defense Agencies ‘‘(4) participate in the consideration of any tion. with respect to cost estimation in the Depart- decision to request authorization of a multiyear ‘‘(d) RESPONSIBILITIES.—The Director of Cost ment of Defense in general and with respect to procurement contract for a major defense acqui- Assessment and Program Evaluation shall serve specific cost estimates and cost analyses to be sition program. as the principal official within the senior man- conducted in connection with a major defense ‘‘(d) DISCLOSURE OF CONFIDENCE LEVELS FOR agement of the Department of Defense for the acquisition program under chapter 144 of this BASELINE ESTIMATES OF MAJOR DEFENSE ACQUI- following: title or a major automated information system SITION PROGRAMS.—The Director of Cost Assess- ‘‘(1) Cost estimation and cost analysis for ac- program under chapter 144A of this title; ment and Program Evaluation, and the Sec- quisition programs of the Department of De- ‘‘(3) issue guidance relating to the proper se- retary of the military department concerned or fense, and carrying out the duties assigned pur- lection of confidence levels in cost estimates gen- the head of the Defense Agency concerned (as suant to section 2334 of this title. erally, and specifically, for the proper selection applicable), shall each— ‘‘(2) Analysis and advice on matters relating of confidence levels in cost estimates for major ‘‘(1) disclose in accordance with paragraph (2) to the planning and programming phases of the defense acquisition programs and major auto- the confidence level used in establishing a cost Planning, Programming, Budgeting and Execu- mated information system programs; estimate for a major defense acquisition program tion system, and the preparation of materials ‘‘(4) issue guidance relating to full consider- or major automated information system pro- and guidance for such system, as directed by the ation of life-cycle management and sustain- gram, the rationale for selecting such confidence Secretary of Defense, working in coordination ability costs in major defense acquisition pro- level, and, if such confidence level is less than with the Under Secretary of Defense (Comp- grams and major automated information system 80 percent, the justification for selecting a con- troller). programs; fidence level of less than 80 percent; and ‘‘(3) Analysis and advice for resource discus- ‘‘(5) review all cost estimates and cost anal- ‘‘(2) include the disclosure required by para- sions relating to requirements under consider- yses conducted in connection with major de- graph (1)— ation in the Joint Requirements Oversight Coun- fense acquisition programs and major automated ‘‘(A) in any decision documentation approv- cil pursuant to section 181 of this title. information system programs; ing a cost estimate within the baseline descrip- ‘‘(4) Formulation of study guidance for anal- ‘‘(6) conduct independent cost estimates and tion or any other cost estimate for use at any yses of alternatives for major defense acquisition cost analyses for major defense acquisition pro- event specified in subsection (a)(6); and

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‘‘(B) in the next Selected Acquisition Report (3) TRANSFER OF PERSONNEL TO DEPUTY DIREC- mental test and evaluation in the Department of pursuant to section 2432 of this title in the case TOR FOR PROGRAM ANALYSIS AND EVALUATION.— Defense. of a major defense acquisition program, or the The personnel (other than the personnel trans- ‘‘(3) SUPERVISION.—The Director shall be sub- next quarterly report pursuant to section 2445c ferred under paragraph (2)) of the Office of Pro- ject to the supervision of the Under Secretary of of this title in the case of a major automated ingram Analysis and Evaluation are hereby trans- Defense for Acquisition, Technology, and Logis- formation system program. ferred to the Deputy Director for Program Eval- tics and shall report to the Under Secretary. ‘‘(e) ANNUAL REPORT ON COST ASSESSMENT uation in the Office of the Director of Cost As- ‘‘(4) COORDINATION WITH DIRECTOR OF SYS- ACTIVITIES.—(1) The Director of Cost Assess- sessment and Program Evaluation. TEMS ENGINEERING.—The Director of Develop- ment and Program Evaluation shall prepare an (d) CONFORMING AMENDMENTS.— mental Test and Evaluation shall closely coordi- annual report summarizing the cost estimation (1) Section 181(d) of title 10, United States nate with the Director of Systems Engineering and cost analysis activities of the Department of Code, is amended by striking ‘‘Director of the to ensure that the developmental test and eval- Defense during the previous year and assessing Office of Program Analysis and Evaluation’’ uation activities of the Department of Defense the progress of the Department in improving the and inserting ‘‘Director of Cost Assessment and are fully integrated into and consistent with the accuracy of its cost estimates and analyses. Program Evaluation’’. systems engineering and development planning Each report shall include, for the year covered (2) Section 2306b(i)(1)(B) of such title is processes of the Department. by such report, an assessment of— amended by striking ‘‘Cost Analysis Improve- ‘‘(5) DUTIES.—The Director shall— ‘‘(A) the extent to which each of the military ment Group of the Department of Defense’’ and ‘‘(A) develop policies and guidance for— departments and Defense Agencies have com- inserting ‘‘Director of Cost Assessment and Pro- ‘‘(i) the conduct of developmental test and plied with policies, procedures, and guidance gram Analysis’’. evaluation in the Department of Defense (in- issued by the Director with regard to the prepa- (3) Section 2366a(a)(4) of such title is amended cluding integration and developmental testing of ration of cost estimates for major defense acqui- by inserting ‘‘, with the concurrence of the Di- software); sition programs and major automated informa- rector of Cost Assessment and Program Evalua- ‘‘(ii) in coordination with the Director of tion systems; tion,’’ after ‘‘has been submitted’’. Operational Test and Evaluation, the integra- ‘‘(B) the overall quality of cost estimates pre- (4) Section 2366b(a)(1)(C) of such title is tion of developmental test and evaluation with pared by each of the military departments and amended by inserting ‘‘, with the concurrence of operational test and evaluation; Defense Agencies for major defense acquisition the Director of Cost Assessment and Program ‘‘(iii) the conduct of developmental test and programs and major automated information sys- Evaluation,’’ after ‘‘have been developed to exe- evaluation conducted jointly by more than one tem programs; and cute’’. military department or Defense Agency; ‘‘(C) any consistent differences in method- (5) Subparagraph (A) of section 2434(b)(1) of ‘‘(B) review and approve the developmental ology or approach among the cost estimates pre- such title is amended to read as follows: test and evaluation plan within the test and pared by the military departments, the Defense ‘‘(A) be prepared or approved by the Director evaluation master plan for each major defense Agencies, and the Director. of Cost Assessment and Program Evaluation; acquisition program of the Department of De- ‘‘(2) Each report under this subsection shall and’’. fense; be submitted concurrently to the Secretary of (6) Section 2445c(f)(3) of such title is amended ‘‘(C) monitor and review the developmental Defense, the Under Secretary of Defense for Ac- by striking ‘‘are reasonable’’ and inserting test and evaluation activities of the major de- quisition, Technology, and Logistics, the Under ‘‘have been determined, with the concurrence of fense acquisition programs; Secretary of Defense (Comptroller), and the con- the Director of Cost Assessment and Program ‘‘(D) provide advocacy, oversight, and guid- gressional defense committees not later than 10 Evaluation, to be reasonable’’. ance to elements of the acquisition workforce re- days after the transmittal to Congress of the (e) REPORT ON MONITORING OF OPERATING sponsible for developmental test and evaluation; ‘‘(E) periodically review the organizations and budget of the President for the next fiscal year AND SUPPORT COSTS FOR MAJOR DEFENSE AC- capabilities of the military departments with re- (as submitted pursuant to section 1105 of title QUISITION PROGRAMS.— spect to developmental test and evaluation and 31). (1) REPORT TO SECRETARY OF DEFENSE.—Not identify needed changes or improvements to ‘‘(3)(A) Each report submitted to the congres- later than one year after the date of the enact- such organizations and capabilities, and provide sional defense committees under this subsection ment of this Act, the Director of Cost Assessment input regarding needed changes or improve- shall be submitted in unclassified form, but may and Program Evaluation under section 139c of ments for the test and evaluation strategic plan include a classified annex. title 10 United States Code (as added by sub- developed in accordance with section 196(d) of ‘‘(B) The Director shall ensure that a report section (a)), shall review existing systems and this title; and submitted under this subsection does not include methods of the Department of Defense for track- ‘‘(F) perform such other activities relating to any information, such as proprietary or source ing and assessing operating and support costs the developmental test and evaluation activities selection sensitive information, that could un- on major defense acquisition programs and sub- of the Department of Defense as the Under Sec- dermine the integrity of the acquisition process. mit to the Secretary of Defense a report on the retary of Defense for Acquisition, Technology, ‘‘(C) The unclassified version of each report finding and recommendations of the Director as and Logistics may prescribe. submitted to the congressional defense commit- a result of the review, including an assessment ‘‘(6) ACCESS TO RECORDS.—The Secretary of tees under this subsection shall be posted on an by the Director of the feasibility and advis- Defense shall ensure that the Director has ac- Internet website of the Department of Defense ability of establishing baselines for operating cess to all records and data of the Department that is available to the public. and support costs under section 2435 of title 10, of Defense (including the records and data of ‘‘(4) The Secretary of Defense may comment United States Code. each military department and including classi- on any report of the Director to the congres- (2) TRANSMITTAL TO CONGRESS.—Not later fied and propriety information, as appropriate) sional defense committees under this subsection. than 30 days after receiving the report required that the Director considers necessary in order to ‘‘(f) STAFF.—The Secretary of Defense shall by paragraph (1), the Secretary shall transmit carry out the Director’s duties under this sub- ensure that the Director of Cost Assessment and the report to the congressional defense commit- section. Program Evaluation has sufficient professional tees, together with any comments on the report ‘‘(7) CONCURRENT SERVICE AS DIRECTOR OF DE- staff of military and civilian personnel to enable the Secretary considers appropriate. PARTMENT OF DEFENSE TEST RESOURCES MANAGE- the Director to carry out the duties and respon- SEC. 102. DIRECTORS OF DEVELOPMENTAL TEST MENT CENTER.—The individual serving as the AND EVALUATION AND SYSTEMS EN- sibilities of the Director under this section.’’. Director of Developmental Test and Evaluation LERICAL AMENDMENT.—The table of sec- GINEERING. (2) C may also serve concurrently as the Director of tions at the beginning of chapter 137 of such (a) IN GENERAL.— the Department of Defense Test Resource Man- title is amended by adding at the end the fol- (1) ESTABLISHMENT OF POSITIONS.—Chapter 4 agement Center under section 196 of this title. lowing new item: of title 10, United States Code, as amended by section 101(a) of this Act, is further amended by ‘‘(b) DIRECTOR OF SYSTEMS ENGINEERING.— ‘‘2334. Independent cost estimation and cost ‘‘(1) APPOINTMENT.—There is a Director of inserting after section 139c the following new analysis.’’. Systems Engineering, who shall be appointed by section: (c) TRANSFER OF PERSONNEL AND FUNC- the Secretary of Defense from among individuals TIONS.— ‘‘§ 139d. Director of Developmental Test and with an expertise in systems engineering and de- (1) TRANSFER OF FUNCTIONS.—The functions Evaluation; Director of Systems Engineer- velopment planning. of the Office of Program Analysis and Evalua- ing: joint guidance ‘‘(2) PRINCIPAL ADVISOR FOR SYSTEMS ENGI- tion of the Department of Defense, including the ‘‘(a) DIRECTOR OF DEVELOPMENTAL TEST AND NEERING AND DEVELOPMENT PLANNING.—The Di- functions of the Cost Analysis Improvement EVALUATION.— rector shall be the principal advisor to the Sec- Group, are hereby transferred to the Office of ‘‘(1) APPOINTMENT.—There is a Director of De- retary of Defense and the Under Secretary of the Director of Cost Assessment and Program velopmental Test and Evaluation, who shall be Defense for Acquisition, Technology, and Logis- Evaluation. appointed by the Secretary of Defense from tics on systems engineering and development (2) TRANSFER OF PERSONNEL TO DEPUTY DIREC- among individuals with an expertise in test and planning in the Department of Defense. TOR FOR INDEPENDENT COST ASSESSMENT.—The evaluation. ‘‘(3) SUPERVISION.—The Director shall be sub- personnel of the Cost Analysis Improvement ‘‘(2) PRINCIPAL ADVISOR FOR DEVELOPMENTAL ject to the supervision of the Under Secretary of Group are hereby transferred to the Deputy Di- TEST AND EVALUATION.—The Director shall be Defense for Acquisition, Technology, and Logis- rector for Cost Assessment in the Office of the the principal advisor to the Secretary of Defense tics and shall report to the Under Secretary. Director of Cost Assessment and Program Eval- and the Under Secretary of Defense for Acquisi- ‘‘(4) COORDINATION WITH DIRECTOR OF DEVEL- uation. tion, Technology, and Logistics on develop- OPMENTAL TEST AND EVALUATION.—The Director

VerDate Nov 24 2008 01:18 May 21, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.010 H20MYPT1 jbell on PROD1PC69 with HOUSE H5798 CONGRESSIONAL RECORD — HOUSE May 20, 2009 of Systems Engineering shall closely coordinate systems engineering, development planning, and and incorporate such systems engineering re- with the Director of Developmental Test and developmental test and evaluation with respect quirements into contract requirements for each Evaluation to ensure that the developmental to such programs. major defense acquisition program. test and evaluation activities of the Department ‘‘(4) Any comments on such report that the (2) REPORTS BY SERVICE ACQUISITION EXECU- of Defense are fully integrated into and con- Secretary of Defense considers appropriate. TIVES.—Not later than 180 days after the date of sistent with the systems engineering and devel- ‘‘(d) JOINT GUIDANCE.—The Director of Devel- the enactment of this Act, the service acquisi- opment planning processes of the Department. opmental Test and Evaluation and the Director tion executive of each military department and ‘‘(5) DUTIES.—The Director shall— of Systems Engineering shall jointly, in coordi- each Defense Agency with responsibility for a ‘‘(A) develop policies and guidance for— nation with the official designated by the Sec- major defense acquisition program shall submit ‘‘(i) the use of systems engineering principles retary of Defense under section 103 of the Weap- to the Director of Developmental Test and Eval- and best practices, generally; on Systems Acquisition Reform Act of 2009, issue uation and the Director of Systems Engineering ‘‘(ii) the use of systems engineering ap- guidance on the following: a report on the extent to which— proaches to enhance reliability, availability, ‘‘(1) The development and tracking of detailed (A) such military department or Defense and maintainability on major defense acquisi- measurable performance criteria as part of the Agency has implemented, or is implementing, tion programs; systems engineering master plans and the devel- the plan required by paragraph (1); and (B) additional authorities or resources are ‘‘(iii) the development of systems engineering opmental test and evaluation plans within the needed to attract, develop, retain, and reward master plans for major defense acquisition protest and evaluation master plans of major de- developmental test and evaluation personnel grams including systems engineering consider- fense acquisition programs. and systems engineers with appropriate levels of ations in support of lifecycle management and ‘‘(2) The use of developmental test and eval- hands-on experience and technical expertise to sustainability; and uation to measure the achievement of specific meet the needs of such military department or ‘‘(iv) the inclusion of provisions relating to performance objectives within a systems engi- Defense Agency. systems engineering and reliability growth in re- neering master plan. quests for proposals; (3) ASSESSMENT OF REPORTS BY DIRECTORS OF ‘‘(3) A system for storing and tracking infor- DEVELOPMENTAL TEST AND EVALUATION AND SYS- ‘‘(B) review and approve the systems engi- mation relating to the achievement of the per- neering master plan for each major defense ac- TEMS ENGINEERING.—The first annual report formance criteria and objectives specified pursu- submitted to Congress by the Director of Devel- quisition program; ant to this subsection. ‘‘(C) monitor and review the systems engineer- opmental Test and Evaluation and the Director ‘‘(e) MAJOR DEFENSE ACQUISITION PROGRAM ing and development planning activities of the of Systems Engineering under section 139d(c) of DEFINED.—In this section, the term ‘major de- title 10, United States Code (as added by sub- major defense acquisition programs; fense acquisition program’ has the meaning ‘‘(D) provide advocacy, oversight, and guid- section (a)), shall include an assessment by the given that term in section 2430 of this title.’’. ance to elements of the acquisition workforce re- Directors of the reports submitted by the service (2) CLERICAL AMENDMENT.—The table of sec- sponsible for systems engineering, development acquisition executives to the Directors under tions at the beginning of chapter 4 of such title, planning, and lifecycle management and sus- paragraph (2). as amended by section 101(a) of this Act, is fur- tainability functions; SEC. 103. PERFORMANCE ASSESSMENTS AND ther amended by inserting after the item relat- ‘‘(E) provide input on the inclusion of systems ROOT CAUSE ANALYSES FOR MAJOR ing to section 139c the following new item: engineering requirements in the process for con- DEFENSE ACQUISITION PROGRAMS. sideration of joint military requirements by the ‘‘139d. Director of Developmental Test and Eval- (a) DESIGNATION OF SENIOR OFFICIAL RESPON- Joint Requirements Oversight Council pursuant uation; Director of Systems Engi- SIBILITY FOR PERFORMANCE ASSESSMENTS AND to section 181 of this title, including specific neering: joint guidance.’’. ROOT CAUSE ANALYSES.— (1) IN GENERAL.—The Secretary of Defense input relating to each capabilities development (b) DEVELOPMENTAL TEST AND EVALUATION shall designate a senior official in the Office of document; AND SYSTEMS ENGINEERING IN THE MILITARY DE- ‘‘(F) periodically review the organizations and PARTMENTS AND DEFENSE AGENCIES.— the Secretary of Defense as the principal official capabilities of the military departments with re- (1) PLANS.—The service acquisition executive of the Department of Defense responsible for spect to systems engineering, development plan- of each military department and each Defense conducting and overseeing performance assess- ning, and lifecycle management and sustain- Agency with responsibility for a major defense ments and root cause analyses for major defense ability, and identify needed changes or improve- acquisition program shall develop and imple- acquisition programs. (2) NO PROGRAM EXECUTION RESPONSIBILITY.— ments to such organizations and capabilities; ment plans to ensure the military department or The Secretary shall ensure that the senior offi- and Defense Agency concerned has provided appro- cial designated under paragraph (1) is not re- ‘‘(G) perform such other activities relating to priate resources for each of the following: sponsible for program execution. the systems engineering and development plan- (A) Developmental testing organizations with adequate numbers of trained personnel in order (3) STAFF AND RESOURCES.—The Secretary ning activities of the Department of Defense as shall assign to the senior official designated the Under Secretary of Defense for Acquisition, to— (i) ensure that developmental testing require- under paragraph (1) appropriate staff and re- Technology, and Logistics may prescribe. sources necessary to carry out official’s function ‘‘(6) ACCESS TO RECORDS.—The Director shall ments are appropriately addressed in the trans- lation of operational requirements into contract under this section. have access to any records or data of the De- (b) RESPONSIBILITIES.—The senior official des- specifications, in the source selection process, partment of Defense (including the records and ignated under subsection (a) shall be responsible and in the preparation of requests for proposals data of each military department and including for the following: classified and proprietary information as appro- on all major defense acquisition programs; (1) Carrying out performance assessments of priate) that the Director considers necessary to (ii) participate in the planning of develop- major defense acquisition programs in accord- review in order to carry out the Director’s duties mental test and evaluation activities, including ance with the requirements of subsection (c) pe- under this subsection. the preparation and approval of a develop- riodically or when requested by the Secretary of ‘‘(c) JOINT ANNUAL REPORT.—Not later than mental test and evaluation plan within the test Defense, the Under Secretary of Defense for Ac- March 31 each year, beginning in 2010, the Di- and evaluation master plan for each major de- quisition, Technology and Logistics, the Sec- rector of Developmental Test and Evaluation fense acquisition program; and retary of a military department, or the head of and the Director of Systems Engineering shall (iii) participate in and oversee the conduct of a Defense Agency. jointly submit to the congressional defense com- developmental testing, the analysis of data, and (2) Conducting root cause analyses for major mittees a report on the activities undertaken the preparation of evaluations and reports defense acquisition programs in accordance with pursuant to subsections (a) and (b) during the based on such testing. the requirements of subsection (d) when re- preceding year. Each report shall include a sec- (B) Development planning and systems engi- quired by section 2433a(a)(1) of title 10, United tion on activities relating to the major defense neering organizations with adequate numbers of States Code (as added by section 206(a) of this acquisition programs which shall set forth, at a trained personnel in order to— Act), or when requested by the Secretary of De- minimum, the following: (i) support key requirements, acquisition, and fense, the Under Secretary of Defense for Acqui- ‘‘(1) A discussion of the extent to which the budget decisions made for each major defense sition, Technology and Logistics, the Secretary major defense acquisition programs are fulfilling acquisition program prior to Milestone A ap- of a military department, or the head of a De- the objectives of their systems engineering mas- proval and Milestone B approval through a rig- fense Agency. ter plans and developmental test and evaluation orous systems analysis and systems engineering (3) Issuing policies, procedures, and guidance plans. process; governing the conduct of performance assess- ‘‘(2) A discussion of the waivers of and devi- (ii) include a robust program for improving re- ments and root cause analyses by the military ations from requirements in test and evaluation liability, availability, maintainability, and sus- departments and the Defense Agencies. master plans, systems engineering master plans, tainability as an integral part of design and de- (4) Evaluating the utility of performance and other testing requirements that occurred velopment within the systems engineering mas- metrics used to measure the cost, schedule, and during the preceding year with respect to such ter plan for each major defense acquisition pro- performance of major defense acquisition pro- programs, any concerns raised by such waivers gram; and grams, and making such recommendations to or deviations, and the actions that have been (iii) identify systems engineering require- the Secretary of Defense as the official considers taken or are planned to be taken to address ments, including reliability, availability, main- appropriate to improve such metrics. such concerns. tainability, and lifecycle management and sus- (5) Advising acquisition officials on perform- ‘‘(3) An assessment of the organization and tainability requirements, during the Joint Capa- ance issues regarding a major defense acquisi- capabilities of the Department of Defense for bilities Integration Development System process, tion program that may arise—

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(A) prior to certification under section 2433a (2) FIRST ANNUAL REPORT.—The first annual Comptroller General of the United States shall of title 10, United States Code (as so added); report under subsection (c)(2) of section 139a of submit to the Committees on Armed Services of (B) prior to entry into full-rate production; or title 10, United States Code (as added by para- the Senate and the House of Representatives a (C) in the course of consideration of any deci- graph (1)), shall be submitted to the congres- report on the implementation of the require- sion to request authorization of a multiyear pro- sional defense committees not later than March ments of— curement contract for the program. 1, 2010, and shall address the results of reviews (A) subsection (d)(2) of section 181 of title 10, (c) PERFORMANCE ASSESSMENTS.—For pur- and assessments conducted by the Director of United States Code (as amended by subsection poses of this section, a performance assessment Defense Research and Engineering pursuant to (a)), for the Joint Requirements Oversight Coun- with respect to a major defense acquisition pro- subsection (c)(1) of such section (as so added) cil to solicit and consider input from the com- gram is an evaluation of the following: during the preceding calendar year. manders of the combatant commands; (1) The cost, schedule, and performance of the (b) REPORT ON RESOURCES FOR IMPLEMENTA- (B) the amendments to subsection (b) of sec- program, relative to current metrics, including TION.—Not later than 120 days after the date of tion 181 of title 10, United States Code, made by performance requirements and baseline descrip- the enactment of this Act, the Director of De- section 942 of the National Defense Authoriza- tions. fense Research and Engineering shall submit to tion Act for Fiscal Year 2008 (Public Law 110– (2) The extent to which the level of program the congressional defense committees a report 181; 122 Stat. 287) and by section 201(b) of this cost, schedule, and performance predicted rel- describing any additional resources that may be Act; and ative to such metrics is likely to result in the required by the Director, and by other research (C) the requirements of section 201(c) of this timely delivery of a level of capability to the and engineering elements of the Department of Act. warfighter that is consistent with the level of re- Defense, to carry out the following: (2) MATTERS COVERED.—The report shall in- sources to be expended and provides superior (1) The requirements under the amendment clude, at a minimum, an assessment of— value to alternative approaches that may be made by subsection (a)(1). (A) the extent to which the Council has effec- available to meet the same military requirement. (2) The technological maturity assessments re- tively sought, and the commanders of the com- (d) ROOT CAUSE ANALYSES.—For purposes of quired by section 2366b(a) of title 10, United batant commands have provided, meaningful this section and section 2433a of title 10, United States Code. input on proposed joint military requirements; States Code (as so added), a root cause analysis (3) The requirements of Department of De- (B) the quality and effectiveness of efforts to with respect to a major defense acquisition pro- fense Instruction 5000, as revised. estimate the level of resources needed to fulfill gram is an assessment of the underlying cause (c) TECHNOLOGICAL MATURITY STANDARDS.— joint military requirements; and or causes of shortcomings in cost, schedule, or Not later than 180 days after the date of the en- (C) the extent to which the Council has con- performance of the program, including the role, actment of this Act, the Director of Defense Re- sidered trade-offs among cost, schedule, and if any, of— search and Engineering, in consultation with performance objectives. the Director of Developmental Test and Evalua- (1) unrealistic performance expectations; TITLE II—ACQUISITION POLICY (2) unrealistic baseline estimates for cost or tion, shall develop knowledge-based standards SEC. 201. CONSIDERATION OF TRADE-OFFS schedule; against which to measure the technological maturity and integration risk of critical tech- AMONG COST, SCHEDULE, AND PER- (3) immature technologies or excessive manu- FORMANCE OBJECTIVES IN DEPART- facturing or integration risk; nologies at key stages in the acquisition process MENT OF DEFENSE ACQUISITION (4) unanticipated design, engineering, manu- for purposes of conducting the reviews and as- PROGRAMS. facturing, or technology integration issues aris- sessments of major defense acquisition programs (a) CONSIDERATION OF TRADE-OFFS.— ing during program performance; required by subsection (c) of section 139a of title (1) IN GENERAL.—The Secretary of Defense (5) changes in procurement quantities; 10, United States Code (as so added). shall ensure that mechanisms are developed and (6) inadequate program funding or funding SEC. 105. ROLE OF THE COMMANDERS OF THE implemented to require consideration of trade- instability; COMBATANT COMMANDS IN IDENTI- offs among cost, schedule, and performance ob- (7) poor performance by government or con- FYING JOINT MILITARY REQUIRE- jectives as part of the process for developing re- MENTS. tractor personnel responsible for program man- quirements for Department of Defense acquisi- (a) IN GENERAL.—Section 181(d) of title 10, agement; or tion programs. United States Code, as amended by section (8) any other matters. (2) ELEMENTS.—The mechanisms required 101(d) of this Act, is further amended— (e) SUPPORT OF APPLICABLE CAPABILITIES AND (1) by inserting ‘‘(1)’’ before ‘‘The Under Sec- under this subsection shall ensure, at a min- EXPERTISE.—The Secretary of Defense shall en- retary’’; and imum, that— sure that the senior official designated under (2) by adding at the end the following new (A) Department of Defense officials respon- subsection (a) has the support of other Depart- paragraph: sible for acquisition, budget, and cost estimating ment of Defense officials with relevant capabili- ‘‘(2) The Council shall seek and consider functions are provided an appropriate oppor- ties and expertise needed to carry out the re- input from the commanders of the combatant tunity to develop estimates and raise cost and quirements of this section. commands in carrying out its mission under schedule matters before performance objectives (f) ANNUAL REPORT.—Not later than March 1 paragraphs (1) and (2) of subsection (b) and in are established for capabilities for which the each year, beginning in 2010, the official respon- conducting periodic reviews in accordance with Chairman of the Joint Requirements Oversight sible for conducting and overseeing performance the requirements of subsection (e).’’. Council is the validation authority; and assessments and root cause analyses for major (b) INPUT FROM COMMANDERS OF COMBATANT (B) the process for developing requirements is defense acquisition programs shall submit to the COMMANDS.—The Joint Requirements Oversight structured to enable incremental, evolutionary, congressional defense committees a report on the Council in the Department of Defense shall seek or spiral acquisition approaches, including the activities undertaken under this section during and consider input from the commanders of deferral of technologies that are not yet mature the preceding year. combatant commands, in accordance with sec- and capabilities that are likely to significantly SEC. 104. ASSESSMENT OF TECHNOLOGICAL MA- tion 181(d) of title 10, United States Code (as increase costs or delay production until later in- TURITY OF CRITICAL TECH- amended by subsection (a)). Such input may increments or spirals. NOLOGIES OF MAJOR DEFENSE AC- clude, but is not limited to, an assessment of the (b) DUTIES OF JOINT REQUIREMENTS OVER- QUISITION PROGRAMS BY THE DI- following: SIGHT COUNCIL.—Section 181(b) of title 10, RECTOR OF DEFENSE RESEARCH (1) Any current or projected missions or United States Code, is amended— AND ENGINEERING. threats in the theater of operations of the com- (1) in paragraph (1)— (a) ASSESSMENT BY DIRECTOR OF DEFENSE RE- mander of a combatant command that would in- (A) by striking ‘‘and’’ at the end of subpara- SEARCH AND ENGINEERING.— form the assessment of a new joint military re- graph (A); (1) IN GENERAL.—Section 139a of title 10, quirement. (B) by inserting ‘‘and’’ at the end of subpara- United States Code, is amended by adding at the (2) The necessity and sufficiency of a pro- graph (B) after the semicolon; and end the following new subsection: posed joint military requirement in terms of cur- (C) by adding at the end the following new ‘‘(c)(1) The Director of Defense Research and rent and projected missions or threats. subparagraph: Engineering, in consultation with the Director (3) The relative priority of a proposed joint ‘‘(C) in ensuring the consideration of trade- of Developmental Test and Evaluation, shall pe- military requirement in comparison with other offs among cost, schedule, and performance ob- riodically review and assess the technological joint military requirements within the theater of jectives for joint military requirements in con- maturity and integration risk of critical tech- operations of the commander of a combatant sultation with the advisors specified in sub- nologies of the major defense acquisition pro- command. section (d);’’. grams of the Department of Defense and report (4) The ability of partner nations in the the- (2) in paragraph (3)— on the findings of such reviews and assessments ater of operations of the commander of a com- (A) by inserting ‘‘, in consultation with the to the Under Secretary of Defense for Acquisi- batant command to assist in meeting the joint Under Secretary of Defense (Comptroller), the tion, Technology, and Logistics. military requirement or the benefit, if any, of a Under Secretary of Defense for Acquisition, ‘‘(2) The Director shall submit to the Secretary partner nation assisting in development or use Technology, and Logistics, and the Director of of Defense and to the congressional defense of technologies developed to meet the joint mili- Cost Assessment and Performance Evaluation,’’ committees by March 1 of each year a report on tary requirement. after ‘‘assist the Chairman’’; and the technological maturity and integration risk (c) COMPTROLLER GENERAL OF THE UNITED (B) by striking ‘‘and’’ after the semicolon at of critical technologies of the major defense ac- STATES REVIEW OF IMPLEMENTATION.— the end; quisition programs of the Department of De- (1) REQUIREMENT.—Not later than two years (3) in paragraph (4), by striking the period at fense.’’. after the date of the enactment of this Act, the the end and inserting ‘‘; and’’; and

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(4) by adding at the end the following new (b) MEASURES TO ENSURE COMPETITION.—The (A) on the basis that the cost of producing paragraph: measures to ensure competition, or the option of competitive prototypes exceeds the expected life- ‘‘(5) assist the Chairman, in consultation with competition, for purposes of subsection (a)(1) cycle benefits (in constant dollars) of producing the commanders of the combatant commands may include measures to achieve the following, such prototypes, including the benefits of im- and the Under Secretary of Defense for Acquisi- in appropriate cases if such measures are cost- proved performance and increased technological tion, Technology, and Logistics, in establishing effective: and design maturity that may be achieved an objective for the overall period of time within (1) Competitive prototyping. through competitive prototyping; or which an initial operational capability should (2) Dual-sourcing. (B) on the basis that, but for such waiver, the be delivered to meet each joint military require- (3) Unbundling of contracts. Department would be unable to meet critical na- ment.’’. (4) Funding of next-generation prototype sys- tional security objectives. (c) REVIEW OF JOINT MILITARY REQUIRE- tems or subsystems. (3) That whenever a Milestone Decision Au- MENTS.—The Secretary of Defense shall ensure (5) Use of modular, open architectures to en- thority authorizes a waiver pursuant to para- that each new joint military requirement rec- able competition for upgrades. graph (2), the Milestone Decision Authority— (6) Use of build-to-print approaches to enable ommended by the Joint Requirements Oversight (A) shall require that the program produce a production through multiple sources. Council is reviewed to ensure that the Joint Re- prototype before Milestone B approval (or Key (7) Acquisition of complete technical data quirements Oversight Council has, in making Decision Point B approval in the case of a space packages. such recommendation— program) if the expected life-cycle benefits (in (8) Periodic competitions for subsystem up- constant dollars) of producing such prototype (1) taken appropriate action to seek and con- grades. sider input from the commanders of the combat- exceed its cost and its production is consistent (9) Licensing of additional suppliers. with achieving critical national security objec- ant commands, in accordance with the require- (10) Periodic system or program reviews to ad- ments of section 181(d) of title 10, United States tives; and dress long-term competitive effects of program (B) shall notify the congressional defense Code (as amended by section 105(a) of this Act); decisions. committees in writing not later than 30 days (2) engaged in consideration of trade-offs (c) ADDITIONAL MEASURES TO ENSURE COM- after the waiver is authorized and include in among cost, schedule, and performance objec- PETITION AT SUBCONTRACT LEVEL.—The Sec- such notification the rationale for the waiver tives in accordance with the requirements of secretary shall take actions to ensure fair and ob- and the plan, if any, for producing a prototype. tion 181(b)(1)(C) of title 10, United States Code jective ‘‘make-buy’’ decisions by prime contrac- (4) That prototypes may be required under (as added by subsection (b)); and tors on major defense acquisition programs by— paragraph (1) or (3) for the system to be ac- (3) engaged in consideration of issues of joint (1) requiring prime contractors to give full and quired or, if prototyping of the system is not fea- portfolio management, including alternative ma- fair consideration to qualified sources other sible, for critical subsystems of the system. terial and non-material solutions, as provided in than the prime contractor for the development (b) COMPTROLLER GENERAL REVIEW OF CER- Department of Defense instructions for the de- or construction of major subsystems and compo- TAIN WAIVERS.— velopment of joint military requirements. nents of major weapon systems; (1) NOTICE TO COMPTROLLER GENERAL.— (d) STUDY GUIDANCE FOR ANALYSES OF ALTER- (2) providing for government surveillance of Whenever a Milestone Decision Authority au- NATIVES.—The Director of Cost Assessment and the process by which prime contractors consider thorizes a waiver of the requirement for proto- Program Evaluation shall take the lead in the such sources and determine whether to conduct types pursuant to paragraph (2) of subsection development of study guidance for an analysis such development or construction in-house or (a) on the basis of excessive cost, the Milestone of alternatives for each joint military require- through a subcontract; and Decision Authority shall submit the notification ment for which the Chairman of the Joint Re- (3) providing for the assessment of the extent of the waiver, together with the rationale, to the quirements Oversight Council is the validation to which a contractor has given full and fair Comptroller General of the United States at the authority. In developing the guidance, the Di- consideration to qualified sources other than the same time it is submitted to the congressional rector shall solicit the advice of appropriate offi- contractor in sourcing decisions as a part of defense committees. cials within the Department of Defense and en- past performance evaluations. (2) COMPTROLLER GENERAL REVIEW.—Not later sure that the guidance requires, at a minimum— (d) CONSIDERATION OF COMPETITION than 60 days after receipt of a notification of a (1) full consideration of possible trade-offs THROUGHOUT OPERATION AND SUSTAINMENT OF waiver under paragraph (1), the Comptroller among cost, schedule, and performance objec- MAJOR WEAPON SYSTEMS.—Whenever a decision General shall— tives for each alternative considered; and regarding source of repair results in a plan to (A) review the rationale for the waiver; and (2) an assessment of whether or not the joint award a contract for performance of mainte- (B) submit to the congressional defense com- military requirement can be met in a manner nance and sustainment of a major weapon sys- mittees a written assessment of the rationale for that is consistent with the cost and schedule ob- tem, the Secretary shall take actions to ensure the waiver. jectives recommended by the Joint Requirements that, to the maximum extent practicable and SEC. 204. ACTIONS TO IDENTIFY AND ADDRESS Oversight Council. consistent with statutory requirements, con- SYSTEMIC PROBLEMS IN MAJOR DE- FENSE ACQUISITION PROGRAMS (e) ANALYSIS OF ALTERNATIVES IN CERTIFI- tracts for such maintenance and sustainment PRIOR TO MILESTONE B APPROVAL. CATION FOR MILESTONE A.—Section 2366a(a) of are awarded on a competitive basis and give full (a) MODIFICATION TO CERTIFICATION REQUIRE- title 10, United States Code, as amended by sec- consideration to all sources (including sources MENT.—Subsection (a) of section 2366a of title tion 101(d)(3) of this Act, is further amended— that partner or subcontract with public or pri- 10, United States Code, is amended by striking (1) by striking ‘‘and’’ at the end of paragraph vate sector repair activities). ‘‘may not receive Milestone A approval, or Key (3); (e) APPLICABILITY.— Decision Point A approval in the case of a space (2) by redesignating paragraph (4) as para- (1) STRATEGY AND MEASURES TO ENSURE COM- program,’’ and inserting ‘‘may not receive Mile- graph (5); and PETITION.—The requirements of subsections (a) stone A approval, or Key Decision Point A ap- (3) by inserting after paragraph (3) the fol- and (b) shall apply to any acquisition plan for proval in the case of a space program, or other- lowing new paragraph (4): a major defense acquisition program that is de- wise be initiated prior to Milestone B approval, ‘‘(4) that an analysis of alternatives has been veloped or revised on or after the date that is 60 or Key Decision Point B approval in the case of performed consistent with study guidance devel- days after the date of the enactment of this Act. a space program,’’. oped by the Director of Cost Assessment and DDITIONAL ACTIONS (2) A .—The actions re- (b) MODIFICATION TO NOTIFICATION REQUIRE- Program Evaluation; and’’. quired by subsections (c) and (d) shall be taken MENT.—Subsection (b) of such section is amend- (f) DUTIES OF MILESTONE DECISION AUTHOR- within 180 days after the date of the enactment ed— ITY.—Section 2366b(a)(1)(B) of such title is of this Act. (1) by inserting ‘‘(1)’’ before ‘‘With respect amended by inserting ‘‘appropriate trade-offs SEC. 203. PROTOTYPING REQUIREMENTS FOR to’’; among cost, schedule, and performance objec- MAJOR DEFENSE ACQUISITION PRO- (2) in paragraph (1), as so designated, by tives have been made to ensure that’’ before GRAMS. striking ‘‘by at least 25 percent,’’ and inserting ‘‘the program is affordable’’. (a) COMPETITIVE PROTOTYPING.—Not later ‘‘by at least 25 percent, or the program manager SEC. 202. ACQUISITION STRATEGIES TO ENSURE than 90 days after the date of the enactment of determines that the period of time required for COMPETITION THROUGHOUT THE this Act, the Secretary of Defense shall modify the delivery of an initial operational capability LIFECYCLE OF MAJOR DEFENSE AC- the guidance of the Department of Defense re- is likely to exceed the schedule objective estab- QUISITION PROGRAMS. lating to the operation of the acquisition system lished pursuant to section 181(b)(5) of this title (a) ACQUISITION STRATEGIES TO ENSURE COM- with respect to competitive prototyping for by more than 25 percent,’’; and PETITION.—The Secretary of Defense shall en- major defense acquisition programs to ensure (3) by adding at the end the following new sure that the acquisition strategy for each major the following: paragraph: defense acquisition program includes— (1) That the acquisition strategy for each ‘‘(2) Not later than 30 days after a program (1) measures to ensure competition, or the op- major defense acquisition program provides for manager submits a notification to the Milestone tion of competition, at both the prime contract competitive prototypes before Milestone B ap- Decision Authority pursuant to paragraph (1) level and the subcontract level (at such tier or proval (or Key Decision Point B approval in the with respect to a major defense acquisition pro- tiers as are appropriate) of such program case of a space program) unless the Milestone gram, the Milestone Decision Authority shall throughout the life-cycle of such program as a Decision Authority for such program waives the submit to the congressional defense committees a means to improve contractor performance; and requirement pursuant to paragraph (2). report that— (2) adequate documentation of the rationale (2) That the Milestone Decision Authority ‘‘(A) identifies the root causes of the cost or for the selection of the subcontract tier or tiers may waive the requirement in paragraph (1) schedule growth in accordance with applicable under paragraph (1). only— policies, procedures, and guidance;

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CRITICAL COST GROWTH IN MAJOR DE- formance measures for the remainder of the de- lowing new paragraph (2): FENSE ACQUISITION PROGRAMS. velopment of the program; and ‘‘(2) has received a preliminary design review (a) ACTIONS FOLLOWING CRITICAL COST ‘‘(C) includes one of the following: and conducted a formal post-preliminary design GROWTH.— ‘‘(i) A written certification (with a supporting review assessment, and certifies on the basis of (1) IN GENERAL.—Chapter 144 of title 10, explanation) stating that— such assessment that the program demonstrates United States Code, is amended by inserting ‘‘(I) the program is essential to national secu- a high likelihood of accomplishing its intended after section 2433 the following new section: rity; mission; and’’; and ‘‘§ 2433a. Critical cost growth in major de- ‘‘(II) there are no alternatives to the program (D) in paragraph (3), as redesignated by sub- fense acquisition programs that will provide acceptable military capability paragraph (B) of this paragraph— ‘‘(a) REASSESSMENT OF PROGRAM.—If the pro- at less cost; gram acquisition unit cost or procurement unit ‘‘(III) new estimates of the development cost (i) in subparagraph (D), by striking the semi- cost of a major defense acquisition program or or schedule, as appropriate, are reasonable; and colon and inserting ‘‘, as determined by the ‘‘(IV) the management structure for the pro- Milestone Decision Authority on the basis of an designated subprogram (as determined by the gram is adequate to manage and control pro- independent review and assessment by the Di- Secretary under section 2433(d) of this title) ingram development cost and schedule. rector of Defense Research and Engineering; creases by a percentage equal to or greater than ‘‘(ii) A plan for terminating the development and’’; the critical cost growth threshold for the proof the program or withdrawal of Milestone A (ii) by striking subparagraph (E); and gram or subprogram, the Secretary of Defense, after consultation with the Joint Requirements approval, or Key Decision Point A approval in (iii) by redesignating subparagraph (F) as Oversight Council regarding program require- the case of a space program, if the Milestone subparagraph (E). ments, shall— Decision Authority determines that such action (b) CERTIFICATION AND REVIEW OF PROGRAMS is in the interest of national defense.’’. ‘‘(1) determine the root cause or causes of the ENTERING DEVELOPMENT PRIOR TO ENACTMENT critical cost growth in accordance with applica- (c) APPLICATION TO ONGOING PROGRAMS.— OF SECTION 2366BOFTITLE 10.— (1) IN GENERAL.—Each major defense acquisi- ble statutory requirements and Department of (1) DETERMINATION.—Not later than 270 days tion program described in paragraph (2) shall be Defense policies, procedures, and guidance; and after the date of the enactment of this Act, for certified in accordance with the requirements of ‘‘(2) in consultation with the Director of Cost each major defense acquisition program that re- section 2366a of title 10, United States Code (as Assessment and Program Evaluation, carry out ceived Milestone B approval before January 6, amended by this section), within one year after an assessment of— 2006, and has not received Milestone C ap- the date of the enactment of this Act. ‘‘(A) the projected cost of completing the pro- (2) COVERED PROGRAMS.—The requirement in proval, and for each space program that re- gram if current requirements are not modified; paragraph (1) shall apply to any major defense ceived Key Decision Point B approval before ‘‘(B) the projected cost of completing the pro- acquisition program that— January 6, 2006, and has not received Key Deci- gram based on reasonable modification of such (A) was initiated before the date of the enact- sion Point C approval, the Milestone Decision requirements; ment of this Act; and Authority shall determine whether or not such ‘‘(C) the rough order of magnitude of the costs (B) as of the date of certification under para- program satisfies all of the certification compo- of any reasonable alternative system or capa- graph (1) has not otherwise been certified pur- nents specified in paragraphs (1) and (2) of sub- bility; and suant to either section 2366a (as so amended) or section (a) of section 2366b of title 10, United ‘‘(D) the need to reduce funding for other pro- 2366b of title 10, United States Code. States Code (as amended by subsection (a) of grams due to the growth in cost of the program. ‘‘(b) PRESUMPTION OF TERMINATION.—(1) SEC. 205. ADDITIONAL REQUIREMENTS FOR CER- this section). TAIN MAJOR DEFENSE ACQUISITION (2) ANNUAL REVIEW.—The Milestone Decision After conducting the reassessment required by PROGRAMS. Authority shall review any program determined subsection (a) with respect to a major defense (a) ADDITIONAL REQUIREMENTS RELATING TO pursuant to paragraph (1) not to satisfy any of acquisition program, the Secretary shall termi- MILESTONE B APPROVAL.—Section 2366b of title the certification components of subsection (a) of nate the program unless the Secretary submits 10, United States Code, is amended— section 2366b of title 10, United States Code (as to Congress, before the end of the 60-day period (1) in subsection (d)— so amended), not less often than annually beginning on the day the Selected Acquisition (A) by inserting ‘‘(1)’’ before ‘‘The milestone thereafter to determine the extent to which such Report containing the information described in decision authority may’’; and program currently satisfies such certification section 2433(g) of this title is required to be sub- (B) by striking the second sentence and insert- components until such time as the Milestone De- mitted under section 2432(f) of this title, a writing the following: cision Authority determines that such program ten certification in accordance with paragraph ‘‘(2) Whenever the milestone decision author- satisfies all such certification components. (2). ity makes such a determination and authorizes ‘‘(2) A certification described by this para- (3) DESIGNATION OF CERTIFICATION STATUS IN such a waiver— graph with respect to a major defense acquisi- BUDGET DOCUMENTATION.—Any budget request, ‘‘(A) the waiver, the determination, and the tion program is a written certification that— budget justification material, budget display, re- reasons for the determination shall be submitted ‘‘(A) the continuation of the program is essen- programming request, Selected Acquisition Re- in writing to the congressional defense commit- tial to the national security; port, or other budget documentation or perform- tees within 30 days after the waiver is author- ‘‘(B) there are no alternatives to the program ance report submitted by the Secretary of De- ized; and which will provide acceptable capability to meet ‘‘(B) the milestone decision authority shall re- fense to the President regarding a major defense the joint military requirement (as defined in sec- view the program not less often than annually acquisition program which the Milestone Deci- tion 181(g)((1) of this title) at less cost; to determine the extent to which such program sion Authority determines under paragraph (1) ‘‘(C) the new estimates of the program acquisi- currently satisfies the certification components does not satisfy all of the certification compo- tion unit cost or procurement unit cost have specified in paragraphs (1) and (2) of subsection nents of subsection (a) of section 2366b of title been determined by the Director of Cost Assess- (a) until such time as the milestone decision au- 10, United States Code, (as so amended) shall ment and Program Evaluation to be reasonable; thority determines that the program satisfies all prominently and clearly indicate that such pro- ‘‘(D) the program is a higher priority than such certification components.’’; gram has not fully satisfied such certification programs whose funding must be reduced to ac- (2) by redesignating subsections (e) and (f) as components until such time as the Milestone De- commodate the growth in cost of the program; subsections (f) and (g), respectively, and insert- cision Authority makes the determination that and ing after subsection (d) the following new sub- such program has satisfied all such certification ‘‘(E) the management structure for the pro- section (e): components. gram is adequate to manage and control pro- ‘‘(e) DESIGNATION OF CERTIFICATION STATUS (c) REVIEWS OF PROGRAMS RESTRUCTURED gram acquisition unit cost or procurement unit IN BUDGET DOCUMENTATION.—Any budget re- AFTER EXPERIENCING CRITICAL COST GROWTH.— cost. quest, budget justification material, budget dis- The official designated to perform oversight of ‘‘(3) A written certification under paragraph play, reprogramming request, Selected Acquisi- performance assessment pursuant to section 103 (2) shall be accompanied by a report presenting tion Report, or other budget documentation or of this Act, shall assess the performance of each the root cause analysis and assessment carried performance report submitted by the Secretary major defense acquisition program that has ex- out pursuant to subsection (a) and the basis for of Defense to the President regarding a major ceeded critical cost growth thresholds estab- each determination made in accordance with defense acquisition program receiving a waiver lished pursuant to section 2433(e) of title 10, subparagraphs (A) through (E) of paragraph pursuant to subsection (d) shall prominently United States Code, but has not been terminated (2), together with supporting documentation. and clearly indicate that such program has not in accordance with section 2433a of such title ‘‘(c) ACTIONS IF PROGRAM NOT TERMINATED.— fully satisfied the certification requirements of (as added by section 206(a) of this Act) not less (1) If the Secretary elects not to terminate a this section until such time as the milestone de- often than semi-annually until one year after major defense acquisition program pursuant to cision authority makes the determination that the date on which such program receives a new subsection (b), the Secretary shall— such program has satisfied all such certification milestone approval, in accordance with section ‘‘(A) restructure the program in a manner components.’’; and 2433a(c)(3) of such title (as so added). The re- that addresses the root cause or causes of the (3) in subsection (a)— sults of reviews performed under this subsection critical cost growth, as identified pursuant to (A) in paragraph (1), by striking ‘‘and’’ at the shall be reported to the Under Secretary of De- subsection (a), and ensures that the program end; fense for Acquisition, Technology, and Logistics has an appropriate management structure as set (B) by redesignating paragraph (2) as para- and summarized in the next annual report of forth in the certification submitted pursuant to graph (3); such designated official. subsection (b)(2)(E);

VerDate Nov 24 2008 01:18 May 21, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.021 H20MYPT1 jbell on PROD1PC69 with HOUSE H5802 CONGRESSIONAL RECORD — HOUSE May 20, 2009 ‘‘(B) rescind the most recent Milestone ap- SEC. 207. ORGANIZATIONAL CONFLICTS OF IN- John Warner National Defense Authorization proval, or Key Decision Point approval in the TEREST IN MAJOR DEFENSE ACQUI- Act for Fiscal Year 2007 is amended to read as case of a space program, for the program and SITION PROGRAMS. follows: (a) REVISED REGULATIONS REQUIRED.—Not withdraw any associated certification under ‘‘(e) TERMINATION.— section 2366a or 2366b of this title; later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(C) require a new Milestone approval, or Key the panel shall continue to serve until the date Decision Point approval in the case of a space revise the Defense Supplement to the Federal Acquisition Regulation to provide uniform guid- that is 18 months after the date on which the program, for the program before taking any con- Secretary of Defense notifies the congressional tract action to enter a new contract, exercise an ance and tighten existing requirements for organizational conflicts of interest by contractors in defense committees of an intention to terminate option under an existing contract, or otherwise the panel based on a determination that the ac- extend the scope of an existing contract under major defense acquisition programs. (b) ELEMENTS.—The revised regulations re- tivities of the panel no longer justify its con- the program, except to the extent determined quired by subsection (a) shall, at a minimum— tinuation and that concerns about contracting necessary by the Milestone Decision Authority, (1) address organizational conflicts of interest integrity have been mitigated. on a non-delegable basis, to ensure that the pro- that could arise as a result of— ‘‘(2) MINIMUM CONTINUING SERVICE.—The gram can be restructured as intended by the (A) lead system integrator contracts on major Secretary without unnecessarily wasting re- panel shall continue to serve at least until De- defense acquisition programs and contracts that cember 31, 2011.’’. sources; follow lead system integrator contracts on such ‘‘(D) include in the report specified in para- programs, particularly contracts for production; TITLE III—ADDITIONAL ACQUISITION graph (2) a description of all funding changes (B) the ownership of business units per- PROVISIONS made as a result of the growth in cost of the forming systems engineering and technical as- program, including reductions made in funding SEC. 301. AWARDS FOR DEPARTMENT OF DE- sistance functions, professional services, or FENSE PERSONNEL FOR EXCEL- for other programs to accommodate such cost management support services in relation to LENCE IN THE ACQUISITION OF growth; and major defense acquisition programs by contrac- PRODUCTS AND SERVICES. ‘‘(E) conduct regular reviews of the program tors who simultaneously own business units in accordance with the requirements of section (a) IN GENERAL.—Not later than 180 days competing to perform as either the prime con- after the date of the enactment of this Act, the 205 of the Weapon Systems Acquisition Reform tractor or the supplier of a major subsystem or Act of 2009. Secretary of Defense shall commence carrying component for such programs; out a program to recognize excellent perform- ‘‘(2) For purposes of paragraph (1)(D), the re- (C) the award of major subsystem contracts by port specified in this paragraph is the first Se- ance by individuals and teams of members of the a prime contractor for a major defense acquisi- Armed Forces and civilian personnel of the De- lected Acquisition Report for the program sub- tion program to business units or other affiliates mitted pursuant to section 2432 of this title after partment of Defense in the acquisition of prod- of the same parent corporate entity, and par- ucts and services for the Department of Defense. the President submits a budget pursuant to sec- ticularly the award of subcontracts for software tion 1105 of title 31, in the calendar year fol- integration or the development of a proprietary (b) ELEMENTS.—The program required by sub- lowing the year in which the program was re- software system architecture; or section (a) shall include the following: structured. (D) the performance by, or assistance of, con- (1) Procedures for the nomination by the per- ‘‘(d) ACTIONS IF PROGRAM TERMINATED.—If a tractors in technical evaluations on major de- sonnel of the military departments and the De- major defense acquisition program is terminated fense acquisition programs; fense Agencies of individuals and teams of mem- pursuant to subsection (b), the Secretary shall (2) ensure that the Department of Defense re- bers of the Armed Forces and civilian personnel submit to Congress a written report setting ceives advice on systems architecture and sys- of the Department of Defense for eligibility for forth— tems engineering matters with respect to major recognition under the program. ‘‘(1) an explanation of the reasons for termi- defense acquisition programs from federally (2) Procedures for the evaluation of nomina- nating the program; funded research and development centers or tions for recognition under the program by one ‘‘(2) the alternatives considered to address other sources independent of the prime con- or more panels of individuals from the Govern- any problems in the program; and tractor; ‘‘(3) the course the Department plans to pur- ment, academia, and the private sector who (3) require that a contract for the performance have such expertise, and are appointed in such sue to meet any continuing joint military re- of systems engineering and technical assistance quirements otherwise intended to be met by the manner, as the Secretary shall establish for pur- functions for a major defense acquisition proposes of the program. program.’’. gram contains a provision prohibiting the con- (c) AWARD OF CASH BONUSES.—As part of the (2) CLERICAL AMENDMENT.—The table of sec- tractor or any affiliate of the contractor from program required by subsection (a), the Sec- tions at the beginning of chapter 144 of such participating as a prime contractor or a major retary may award to any individual recognized title is amended by inserting after the item relat- subcontractor in the development or construc- pursuant to the program a cash bonus author- ing to section 2433 the following new item: tion of a weapon system under the program; and ‘‘2433a. Critical cost growth in major defense ac- (4) establish such limited exceptions to the re- ized by any other provision of law to the extent quisition programs.’’. quirement in paragraphs (2) and (3) as may be that the performance of such individual so recognized warrants the award of such bonus (3) CONFORMING AMENDMENT.—Paragraph (2) necessary to ensure that the Department of De- of section 2433(e) of such title 10 is amended to fense has continued access to advice on systems under such provision of law. read as follows: architecture and systems engineering matters SEC. 302. EARNED VALUE MANAGEMENT. ‘‘(2) If the program acquisition unit cost or from highly-qualified contractors with domain (a) MODIFICATION OF ELEMENTS IN REPORT ON procurement unit cost of a major defense acqui- experience and expertise, while ensuring that IMPLEMENTATION.—Subsection (a) of section 887 sition program or designated major subprogram such advice comes from sources that are objec- of the Duncan Hunter National Defense Au- (as determined by the Secretary under sub- tive and unbiased. thorization Act for Fiscal Year 2009 (Public Law section (d)) increases by a percentage equal to (c) CONSULTATION IN REVISION OF REGULA- 110–417; 122 Stat. 4562) is amended by striking or greater than the critical cost growth thresh- TIONS.— paragraph (7) and inserting the following new (1) RECOMMENDATIONS OF PANEL ON CON- old for the program or subprogram, the Sec- paragraphs: TRACTING INTEGRITY.—Not later than 90 days retary of Defense shall take actions consistent ‘‘(7) A discussion of the methodology used to with the requirements of section 2433a of this after the date of the enactment of this Act, the Panel on Contracting Integrity established pur- establish appropriate baselines for earned value title.’’. management at the award of a contract or com- (b) TREATMENT AS MDAP.—Section 2430 of suant to section 813 of the John Warner Na- mencement of a program, whichever is earlier. such title is amended— tional Defense Authorization Act for Fiscal (1) in subsection (a)(2), by inserting ‘‘, includ- Year 2007 (Public Law 109–364; 120 Stat. 2320) ‘‘(8) A discussion of the manner in which the ing all planned increments or spirals,’’ after ‘‘an shall present recommendations to the Secretary Department ensures that personnel responsible eventual total expenditure for procurement’’; of Defense on measures to eliminate or mitigate for administering and overseeing earned value and organizational conflicts of interest in major de- management systems have the training and (2) by adding at the end the following new fense acquisition programs. qualifications needed to perform that responsi- subsection: (2) CONSIDERATION OF RECOMMENDATIONS.—In bility. ‘‘(c) For purposes of subsection (a)(2), the Sec- developing the revised regulations required by ‘‘(9) A discussion of mechanisms to ensure retary shall consider, as applicable, the fol- subsection (a), the Secretary shall consider the that contractors establish and use approved lowing: following: earned value management systems, including ‘‘(1) The estimated level of resources required (A) The recommendations presented by the mechanisms such as the consideration of the to fulfill the relevant joint military requirement, Panel on Contracting Integrity pursuant to quality of contractor earned value management as determined by the Joint Requirements Over- paragraph (1). performance in past performance evaluations. sight Council pursuant to section 181 of this (B) Any findings and recommendations of the Administrator for Federal Procurement Policy ‘‘(10) Recommendations for improving earned title. value management and its implementation with- ‘‘(2) The cost estimate referred to in section and the Director of the Office of Government in the Department, including— 2366a(a)(4) of this title. Ethics pursuant to section 841(b) of the Duncan ‘‘(3) The cost estimate referred to in section Hunter National Defense Authorization Act for ‘‘(A) a discussion of the merits of possible al- 2366b(a)(1)(C) of this title. Fiscal Year 2009 (Public Law 110–417; 122 Stat. ternatives; and ‘‘(4) The cost estimate within a baseline de- 4539). ‘‘(B) a plan for implementing any improve- scription as required by section 2435 of this (d) EXTENSION OF PANEL ON CONTRACTING IN- ments the Secretary determines to be appro- title.’’. TEGRITY.—Subsection (e) of section 813 of the priate.’’.

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(b) MODIFICATION OF REPORT DATE.—Sub- (i) the actions taken, or planned to be taken, to improve the organization and procedures section (b) of such section is amended by strik- to implement such mechanisms; of the Department of Defense for the acquisi- ing ‘‘270 days after the date of the enactment of (ii) the schedule for carrying out such mecha- tion of major weapon systems, and for other this Act’’ and inserting ‘‘October 14, 2009’’. nisms; and purposes, submit the following joint state- SEC. 303. EXPANSION OF NATIONAL SECURITY (iii) the metrics, if any, instituted to assess ment to the House and the Senate in expla- OBJECTIVES OF THE NATIONAL progress in carrying out such mechanisms. nation of the effect of the action agreed upon TECHNOLOGY AND INDUSTRIAL (3) CONSULTATION.—In performing the review by the managers and recommended in the ac- BASE. required by paragraph (1), the Comptroller Gen- companying conference report: (a) IN GENERAL.—Section 2501(a) of title 10, eral shall seek and consider input from each of The House amendment struck all of the United States Code, is amended by adding at the the following: Senate bill after the enacting clause and in- end the following new paragraph: (A) The Chief Management Officer of the De- serted a substitute text. ‘‘(6) Maintaining critical design skills to en- partment of Defense. The Senate recedes from its disagreement sure that the armed forces are provided with (B) The Chief Management Officer of the De- to the amendment of the House with an systems capable of ensuring technological supe- partment of the Army. amendment that is a substitute for the Sen- riority over potential adversaries.’’. (C) The Chief Management Officer of the De- ate bill and the House amendment. The dif- (b) ASSESSMENT OF EFFECT OF TERMINATION partment of the Navy. ferences between the Senate bill, the House OF MAJOR DEFENSE ACQUISITION PROGRAMS ON (D) The Chief Management Officer of the De- amendment, and the substitute agreed to in TECHNOLOGY AND INDUSTRIAL CAPABILITIES.— partment of the Air Force. conference are noted below, except for cler- Section 2505(b) of such title is amended— (4) REPORT.—Not later than one year after the ical corrections, conforming changes made (1) in paragraph (2), by striking ‘‘and’’ at the date of enactment of this Act, the Comptroller necessary by agreements reached by the con- end; General shall submit to the congressional de- ferees, and minor drafting and clarifying (2) in paragraph (3), by striking the period at fense committees a report on the results of the changes. the end and inserting ‘‘; and’’; and review required by paragraph (1). TITLE I—ACQUISITION ORGANIZATION (3) by adding at the end the following new And the House agree to the same. paragraph: IKE SKELTON, Cost assessment and program evaluation (sec. ‘‘(4) consider the effects of the termination of JOHN M. SPRATT, 101) major defense acquisition programs (as the term SOLOMON P. ORTIZ, The Senate bill contained a provision (sec. is defined in section 2430 of this title) in the pre- GENE TAYLOR, 104) that would establish a Director of Inde- vious fiscal year on the sectors and capabilities NEIL ABERCROMBIE, pendent Cost Assessment in the Department in the assessment.’’. SILVESTRE REYES, of Defense (DOD) to ensure that cost esti- SEC. 304. COMPTROLLER GENERAL OF THE VIC SNYDER, mates for major defense acquisition pro- UNITED STATES REPORTS ON COSTS ADAM SMITH, grams and major automated information AND FINANCIAL INFORMATION RE- GARDING MAJOR DEFENSE ACQUISI- LORETTA SANCHEZ, system programs are fair, reliable, and unbi- TION PROGRAMS. MIKE MCINTYRE, ased. (a) REVIEW OF OPERATING AND SUPPORT COSTS ELLEN O. TAUSCHER, The House amendment contained a provi- OF MAJOR WEAPON SYSTEMS.— ROBERT E. ANDREWS, sion (sec. 102) that would require the Sec- (1) IN GENERAL.—Not later than one year after SUSAN A. DAVIS, retary of Defense to designate an official the date of the enactment of this Act, the Comp- JAMES R. LANGEVIN, within the Office of the Secretary of Defense troller General of the United States shall submit JIM COOPER, to perform this function. to the congressional defense committees a report BRAD ELLSWORTH, The House recedes with an amendment on growth in operating and support costs for JOE SESTAK, that would establish a Director of Cost As- major weapon systems. JOHN M. MCHUGH, sessment and Performance Evaluation, who (2) ELEMENTS.—In preparing the report re- ROSCOE G. BARTLETT, would be responsible for ensuring that cost quired by paragraph (1), the Comptroller Gen- HOWARD ‘‘BUCK’’ MCKEON, estimates are fair, reliable, and unbiased, eral shall, at a minimum— MAC THORNBERRY, and for performing program analysis and (A) identify the original estimates for oper- WALTER B. JONES, evaluation functions currently performed by ating and support costs for major weapon sys- W. TODD AKIN, the Director of Program Analysis and Eval- tems selected by the Comptroller General for J. RANDY FORBES, uation. The provision would also codify the purposes of the report; JEFF MILLER, cost estimating requirements from the Sen- (B) assess the actual operating and support JOE WILSON, ate bill and the House amendment in a new costs for such major weapon systems; K. MICHAEL CONAWAY, section 2334 of title 10, United States Code. (C) analyze the rate of growth for operating DUNCAN HUNTER, Directors of Developmental Test and Evaluation and support costs for such major weapon sys- MIKE COFFMAN, and Systems Engineering (sec. 102) tems; Managers on the Part of the House. The Senate bill contained a provision (sec. (D) for such major weapon systems that have CARL LEVIN, 101) that would require certain reports on experienced the highest rate of growth in oper- EDWARD M. KENNEDY, systems engineering capabilities of the De- ating and support costs, assess the factors con- ROBERT C. BYRD, partment of Defense. The Senate bill also tributing to such growth; JOSEPH LIEBERMAN, contained a provision (sec. 102) that would (E) assess measures taken by the Department JACK REED, establish the position of Director of Develop- of Defense to reduce operating and support costs DANIEL K. AKAKA, mental Test and Evaluation. for major weapon systems; and BILL NELSON, The House amendment contained provi- (F) make such recommendations as the Comp- BEN NELSON, sions (sec. 101 and 103) that would require the troller General considers appropriate. EVAN BAYH, Secretary of Defense to appoint senior offi- (b) REVIEW OF FINANCIAL INFORMATION RE- JIM WEBB, cials to carry out acquisition oversight func- LATING TO MAJOR DEFENSE ACQUISITION PRO- CLAIRE MCCASKILL, tions, including systems engineering and de- GRAMS.— MARK UDALL, velopmental testing. (1) REVIEW.—The Comptroller General of the KAY R. HAGAN, The Senate recedes with an amendment United States shall perform a review of weak- MARK BEGICH, that would establish the positions of Direc- nesses in operations affecting the reliability of ROLAND W. BURRIS, tor of Developmental Test and Evaluation financial information on the systems and assets JOHN MCCAIN, and Director of Systems Engineering and es- to be acquired under major defense acquisition JAMES M. INHOFE, tablish requirements on the issuance of guid- programs. JEFF SESSIONS, (2) ELEMENTS.—The review required under ance and reports on systems engineering and SAXBY CHAMBLISS, paragraph (1) shall— developmental testing. The amendment LINDSEY GRAHAM, (A) identify any weaknesses in operations would further require the service acquisition JOHN THUNE, under major defense acquisition programs that executive of each military department and MEL MARTINEZ, hinder the capacity to assemble reliable finan- defense agency to implement and report on ROGER F. WICKER, cial information on the systems and assets to be plans to ensure that the military depart- RICHARD BURR, acquired under such programs in accordance ments and defense agencies have appropriate DAVID VITTER, with applicable accounting standards; developmental test, systems engineering, SUSAN COLLINS, (B) identify any mechanisms developed by the and development planning resources. Managers on the Part of the Senate. Department of Defense to address weaknesses in The Defense Science Board Task Force on operations under major defense acquisition pro- JOINT EXPLANATORY STATEMENT OF THE Developmental Test and Evaluation reported grams identified pursuant to subparagraph (A); COMMITTEE OF CONFERENCE in May 2008 that the Army has essentially and The managers on the part of the House and eliminated its developmental testing compo- (C) assess the implementation of the mecha- the Senate at the conference on the dis- nent, while the Navy and the Air Force have nisms set forth pursuant to subparagraph (B), agreeing votes of the two Houses on the cut their testing workforce by up to 60 per- including— amendment of the House to the bill (S. 454), cent in some organizations. As a result, ‘‘(a)

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.027 H20MYPT1 jbell on PROD1PC69 with HOUSE H5804 CONGRESSIONAL RECORD — HOUSE May 20, 2009 significant amount of developmental testing Role of the commanders of the combatant com- typing requirements for major defense acqui- is currently performed without a needed demands in identifying joint military require- sition programs. gree of government involvement or oversight ments (sec. 105) The House amendment contained no simi- and in some cases, with limited government The Senate bill contained a provision (sec. lar provision. access to contractor data.’’ 105) that would clarify the role of the com- The House recedes with an amendment Similarly, the Committee on Pre-Mile- manders of the combatant commands in that would simplify the requirement. stone A and Early-Phase Systems Engineer- identifying joint military requirements. Actions to identify and address systemic prob- ing of Air Force Studies Board of the Na- The House amendment contained a similar lems in major defense acquisition programs tional Research Council reported that ‘‘in re- provision (sec. 106). prior to Milestone B approval (sec. 204) cent years the depth of systems engineering The Senate recedes with an amendment to ensure that the Comptroller General review The House amendment contained a provi- (SE) talent in the Air Force has declined sion (sec. 203) that would enhance require- owing to policies within the Department of required by the provision would address the full range of issues raised by recent legisla- ments for the Department of Defense to iden- Defense (DOD) that shifted the oversight of tify and address systemic problems in major SE functions increasingly to outside con- tive changes to the process for the identification of joint military requirements. defense acquisition programs before Mile- tractors, as well as to the decline of in-house stone B approval, while such programs are development planning capabilities in the Air LEGISLATIVE PROVISION NOT ADOPTED Clarification of submittal of certification of ade- still in the technology development phase. Force. . . . The result is that there are no The Senate bill contained no similar provi- quacy of budgets by the Director of the De- longer enough experienced systems engineers sion. partment of Defense Test Resource Manage- to fill the positions in programs that need The Senate recedes with a clarifying ment Center them, particularly within the government.’’ amendment. The conferees agree that great- The conferees expect the Director of Devel- The Senate bill contained a provision (sec. er investment of time and resources in the opmental Test and Evaluation and the Direc- 106) that would clarify the impact of organi- technology development phase is likely to tor of Systems Engineering to work with the zational changes made in the Senate bill on result in better overall program performance military departments and defense agencies the requirement for the Director of the De- and lower overall program costs. For this to ensure that they rebuild these capabilities partment of Defense Test Resource Manage- reason, increased time or expenditures for and perform the developmental testing and ment Center to certify the adequacy of budg- early testing and development should not systems engineering functions necessary to ets to the Secretary of Defense. The House amendment contained no simi- alone be taken as an indication that a pro- ensure the successful execution of major de- gram is troubled and needs to be terminated fense acquisition programs. In particular, lar provision. The Senate recedes. The provision is un- or restructured. the conferees expect the military depart- necessary, because the organizational Additional requirements for certain major de- ments to conduct developmental testing changes to the Defense Test Resource Man- fense acquisition programs (sec. 205) early in the execution of a major defense ac- agement Center that required the clarifica- quisition program, to validate that a sys- The Senate bill contained a provision (sec. tion are not included in the conference re- tem’s design is demonstrating appropriate 202) that would establish certain require- port. progress toward technological maturity and ments relating to preliminary design review toward meeting system performance require- TITLE II—ACQUISITION POLICY and critical design review for major defense ments. Consideration of trade-offs among cost, sched- acquisition programs. ule, and performance objectives in Depart- The House amendment contained a provi- Performance assessments and root cause anal- ment of Defense acquisition programs (sec. sion (sec. 202) that would establish new pro- yses for major defense acquisition programs 201) cedures for programs that fail to meet all of (sec. 103) The Senate bill contained a provision (sec. the requirements for Milestone B certifi- The House amendment contained a provi- 201) that would require the Department of cation under section 2366b of title 10, United sion (sec. 104) that would require the Sec- Defense to implement mechanisms to ensure States Code, and would establish require- retary of Defense to designate a senior offi- that trade-offs among cost, schedule, and ments relating to preliminary design review cial in the Office of the Secretary of Defense performance objectives are considered early for major defense acquisition programs. as the principal Department of Defense offi- in the process of developing requirements for The Senate recedes with a clarifying cial responsible for issuing policies, proce- major weapon systems. amendment. The conference amendment dures, and guidance governing the conduct of The House amendment contained a provi- does not include the Senate provision regard- performance assessments for major defense sion (sec. 207) that would require the Comp- ing critical design review, because this re- acquisition programs. troller General to review and report to Con- quirement is already addressed in Depart- The Senate bill contained no similar provi- gress on mechanisms used by the Depart- ment of Defense Instruction 5000.02 (Decem- sion. ment to make such trade-offs. ber 2008 revision). The conferees view this re- The Senate recedes with an amendment The House recedes with an amendment quirement as a key step in a knowledge- that would require the Secretary to des- clarifying the required mechanisms. The based approach to acquisition, and expect to ignate a senior official responsible for con- conference amendment includes a require- revisit this issue if the current requirement ducting and overseeing performance assessment for the Secretary of Defense to review for critical design review is discontinued or ments and root cause analyses for major de- proposed joint military requirements to en- is not enforced. sure that the Joint Requirements Oversight fense acquisition programs. Critical cost growth in major defense acquisition Council has given appropriate consideration programs (sec. 206) Assessment of technological maturity of critical to trade-offs between cost, schedule, and per- technologies of major defense acquisition formance objectives. The Secretary would The Senate bill contained a provision (sec. programs by the Director of Defense Re- have flexibility to determine how best to 204) that would strengthen the so-called search and Engineering (sec. 104) conduct the required review. ‘‘Nunn-McCurdy’’ requirements in section The Senate bill contained a provision (sec. Acquisition strategies to ensure competition 2433(e)(2) of title 10, United States Code, for 103) that would require the Director of De- throughout the lifecycle of major defense major defense acquisition programs that ex- fense Research and Engineering, in consulta- acquisition programs (sec. 202) perience excessive cost growth. The House amendment contained a similar tion with the Director of Developmental The Senate bill contained a provision (sec. provision (sec. 204). Test and Evaluation, to periodically review 203) that would require the Secretary of De- and assess the technological maturity and The House recedes with an amendment fense to ensure that the acquisition strategy combining elements from the Senate bill and integration risk of critical technologies on for each major defense acquisition program major defense acquisition programs. the House amendment. The conference includes measures to ensure competition, or amendment would also recodify these re- The House amendment contained a similar the option of competition, at both the prime provision (sec. 105). quirements in a new section 2433a of title 10, contract level and the subcontract level. The United States Code. The Senate recedes with an amendment Senate provision would also establish certain that would combine the two provisions. The requirements for the use of prototypes on Organizational conflicts of interest in major de- conferees note that the technological matu- major defense acquisition programs. fense acquisition programs (sec. 207) rity standard for major defense acquisition The House amendment contained a similar The Senate bill contained a provision (sec. programs at the time of Milestone B ap- provision (sec. 201), but did not include re- 205) that would require the Under Secretary proval (or Key Decision Point B approval in quirements for the use of prototypes. of Defense for Acquisition, Technology, and the case of space programs) is established by The House recedes with an amendment Logistics to issue regulations addressing or- statute in section 2366b of title 10, United combining elements from the Senate bill and ganizational conflicts of interest by contrac- States Code. The conferees expect the Direc- the House amendment. The Senate language tors in the acquisition of major weapon sys- tor of Defense Research and Engineering to on prototypes is addressed in a separate sec- tems. establish appropriate knowledge-based tion. The House amendment contained a similar standards for technological maturity at Prototyping requirements for major defense ac- provision (sec. 205). other key points in the acquisition process, quisition programs (sec. 203) The House recedes with an amendment as well as appropriate standards for integra- The Senate bill contained a provision (sec. combining elements from the Senate bill and tion risk. 203(c) and (d)) that would establish proto- the House amendment. Existing Department

VerDate Nov 24 2008 03:14 May 21, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.032 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5805 of Defense regulations leave it up to indi- COMPLIANCE WITH SENATE AND HOUSE NATIONAL SMALL BUSINESS vidual elements of the Department to deter- RULES WEEK mine on a case-by-case basis whether or not organizational conflicts of interest can be Compliance with rules of the Senate and the (Ms. LORETTA SANCHEZ of Cali- mitigated, and if so, what mitigation meas- House of Representatives regarding ear- fornia asked and was given permission ures are required. The conferees agree that marks and congressionally directed spend- to address the House for 1 minute and additional guidance is required to tighten ing items to revise and extend her remarks.) existing requirements, provide consistency Pursuant to clause 9 of rule XXI of the Ms. LORETTA SANCHEZ of Cali- throughout the Department, and ensure that Rules of the House of Representatives and fornia. Today, I rise to recognize May advice provided by contractors is objective Rule XLIV(3) of the Standing Rules of the 17 through May 23 as National Small and unbiased. In developing the regulations Business Week. Small businesses are a required by this section for cases in which Senate, neither this conference report nor mitigation is determined to be appropriate, the accompanying joint statement of man- critical part of our economy. In fact, the conferees expect the Secretary to give agers contains any congressional earmarks, over 60 percent of all jobs are created consideration to strengthened measures of congressionally directed spending items, by small businesses in our Nation. And, organizational separation of the type in- limited tax benefits, or limited tariff bene- in addition, as a result of the current cluded in the Senate bill. fits, as defined in such rules. crisis, we have seen an increasing num- TITLE III—ADDITIONAL ACQUISITION ber of people wanting to start their IKE SKELTON, PROVISIONS JOHN M. SPRATT, own businesses or beginning to create Awards for Department of Defense personnel for SOLOMON P. ORTIZ, their own business. excellence in the acquisition of products and GENE TAYLOR, For example, a recent poll showed services (sec. 301) NEIL ABERCROMBIE, that 37 percent of Americans are either The Senate bill contained a provision (sec. SILVESTRE REYES, running their own business or they’re 206) that would direct the Secretary of De- VIC SNYDER, about to create their own business. I fense to establish a program to recognize ex- ADAM SMITH, believe that innovation and growth in cellent performance by individuals and LORETTA SANCHEZ, teams in the acquisition of products and the small business sector is one of the MIKE MCINTYRE, key parts of what they contribute to services for the Department of Defense. ELLEN O. TAUSCHER, our economic recovery. To help encour- The House amendment contained an iden- ROBERT E. ANDREWS, tical provision (sec. 206). The conference re- SUSAN A. DAVIS, age that recovery, I’m committed to port includes this provision. JAMES R. LANGEVIN, making sure that the Federal Govern- Earned value management (sec. 302) JIM COOPER, ment offers assistance and support to The Senate bill contained a provision (sec. BRAD ELLSWORTH, small businesses throughout our Na- 207) that would require the Under Secretary JOE SESTAK, tion. of Defense for Acquisition, Technology, and JOHN M. MCHUGH, I’m pleased that today the House will Logistics to review and improve guidance ROSCOE G. BARTLETT, consider H.R. 2352, the Job Creation governing the implementation of Earned HOWARD ‘‘BUCK’’ MCKEON, Through Entrepreneurship Act of 2009. Value Management (EVM) systems for De- MAC THORNBERRY, It will provide critical training serv- partment of Defense (DOD) contracts. WALTER B. JONES, The House amendment contained no simi- W. TODD AKIN, ices to entrepreneurs across our Na- lar provision. J. RANDY FORBES, tion. The House recedes with an amendment JEFF MILLER, f that would incorporate the requirements of JOE WILSON, THE ENERGY TAX WILL HURT the Senate provision into section 887 of the K. MICHAEL CONAWAY, Duncan Hunter National Defense Authoriza- DUNCAN HUNTER, REAL PEOPLE tion Act for Fiscal Year 2009 (Public Law MIKE COFFMAN, (Mrs. CAPITO asked and was given 110–417), which requires the Secretary of De- Managers on the Part of the House. permission to address the House for 1 fense to identify and address shortcomings in EVM systems for DOD contracts. CARL LEVIN, minute and to revise and extend her remarks.) Expansion of national security objectives of the EDWARD M. KENNEDY, national technology and industrial base ROBERT C. BYRD, Mrs. CAPITO. As this Congress de- (sec. 303) JOSEPH LIEBERMAN, bates cap-and-trade, we need to re- JACK REED, The Senate bill contained a provision (sec. member that coal is our Nation’s most DANIEL K. AKAKA, 208) that would amend section 2501 of title 10, abundant resource, providing 50 per- BILL NELSON, United States Code, to address critical de- cent of this Nation’s electricity and 98 BEN NELSON, sign skills in the national technology and in- percent of the electricity generated in EVAN BAYH, dustrial base and require reports on the ter- JIM WEBB, my State. mination of major defense acquisition pro- CLAIRE MCCASKILL, We all want a cleaner environment, grams. MARK UDALL, but this cap-and-trade bill is not the The House amendment contained no simi- answer. The majority’s bill is a $646 bil- lar provision. KAY R. HAGAN, The House recedes with an amendment re- MARK BEGICH, lion national energy tax that will hit quiring that defense capability assessments ROLAND W. BURRIS, States like West Virginia the hardest. performed pursuant to section 2505 of title JOHN MCCAIN, It will essentially make the coal-reli- 10, United States Code, consider the effects JAMES M. INHOFE, ant heartland unfairly subsidize our of the termination of major defense acquisi- JEFF SESSIONS, friends on the west coast and in the SAXBY CHAMBLISS, tion programs. The outcome of this assess- Northeast. An average energy bill for ment would be incorporated into the annual LINDSEY GRAHAM, JOHN THUNE, an average family will go up by at least reports required by section 2504 of title 10, $1,500, and those hardest hit will be United States Code. MEL MARTINEZ, ROGER F. WICKER, those that can least afford it. Comptroller General of the United States reports RICHARD BURR, People in the lower-income bracket on costs and financial information regard- DAVID VITTER, ing major defense acquisition programs (sec. will be spending more and more of SUSAN COLLINS, 304) their income on energy than any other Managers on the Part of the Senate. The Senate bill contained two provisions income brackets. By 2020, folks in the (sec. 104(b) and sec. 209) that would require lower-income brackets in West Vir- reports by the Government Accountability f ginia could be spending between 24 per- Office on: (1) operating and support costs of cent and 27 percent of their entire in- major weapon systems; and (2) financial in- ANNOUNCEMENT BY THE SPEAKER come on energy. Manufacturing will formation relating to major defense acquisi- PRO TEMPORE also be hit with major cost increases tion programs. making electricity far more expensive. The House amendment contained no simi- The SPEAKER pro tempore. The lar provision. As we continue to debate this issue, The House recedes with an amendment in- Chair will now entertain up to 15 re- Congress needs to remember that cap- corporating the two reporting requirements quests for 1-minute speeches on each and-trade has a real cost on real peo- into a single provision. side of the aisle. ple.

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.034 H20MYPT1 jbell on PROD1PC69 with HOUSE H5806 CONGRESSIONAL RECORD — HOUSE May 20, 2009 CREDIT CARDHOLDERS’ BILL OF hometown, Portland Oregon, tells more working Americans are struggling RIGHTS about him than Secretary LaHood. through this difficult economic reces- (Mr. MITCHELL asked and was given As Will glides into his seventies, he sion. Credit card companies that permission to address the House for 1 has lost track of more than just the charge unwarranted and unanticipated minute.) facts, although it’s staggering that he fees have been hitting Americans hard Mr. MITCHELL. Mr. Speaker, I rise was off by a factor of 400 times about during our economic hardship. Despite today in support of H.R. 627, the Credit where biking already is in America, massive government intervention to Cardholders’ Bill of Rights. The Senate and 8000 times where Portland is with encourage lending, many credit card approved this yesterday by an over- the ratio of cycling. companies are still cutting back on whelmingly bipartisan vote. I urge my But this is not about bikes and street credit, imposing new fees and raising colleagues to give final approval to cars, or even livability. A younger, rates—even for those who pay on time this bill today and send it to the Presi- principled George Will would have un- and never go over the limit. This is un- dent for signature. derstood why young people, even with- acceptable. Consumers shouldn’t have to subject out jobs, are moving to Portland. It’s a In passing the Credit Cardholders’ themselves to hidden costs and rich community with more choices at Bill of Rights, we will even the playing ‘‘gotcha’’ games in order to have access lower costs. It’s about choices that en- field by providing critical protections to credit cards. Today’s legislation will hance the quality of life. against these unfair, yet all too com- put an end to some of the most offen- I invite Mr. Will to bring his bow tie mon, credit card practices. This bill sive practices. The bill will stop retro- to Portland and debate me on the will also provide tough new regulations active rate hikes on existing balances. ground. See why a younger George on credit and companies in order to It will also require lenders to credit Will, who may have been put off by all protect consumers from excessive fees, payments made on the day that they the Democrats and moderate Repub- enormous interest rates, and unfair were due as on time. licans, could still have admired the agreements. You wouldn’t think that you would freedom that a high quality of life pro- Ending abusive credit card practices have to pass a law to say that pay- vides. that continue to drive America deeper ments made on the day that they are f and deeper into debt is a critical element in our economic recovery. due should be credited as on time. But, THE HEALTH BENEFITS TAX f sadly, that is how bad things have got- (Mr. POE of Texas asked and was ten. given permission to address the House RELEASE OF UYGHUR DETAINEES The fine print in today’s credit card for 1 minute.) agreements has gotten so complicated (Mr. WOLF asked and was given per- Mr. POE of Texas. Mr. Speaker, some mission to address the House for 1 and so full of traps, you almost need a taxacrats in D.C. are thinking about lawyer to find all the fees. minute and to revise and extend his re- taxing health care benefits on people marks.) This bill won’t stop everything, but who try to take care of themselves. it is an important step forward. I Mr. WOLF. Mr. Speaker, this morn- They want to figure out how to get ing, the Financial Times reported that therefore urge final passage today of benefits to people who don’t have the Credit Cardholders’ Bill of Rights. Attorney General Eric Holder’s Guan- them. Their solution: Make people who tanamo Bay task force has rec- f have benefits pay income tax on the ommended that the President release CAP-AND-TRADE BILL value of their health plan. at least two Uyghur detainees into the That tax money would come directly U.S. (Mr. POSEY asked and was given per- out of their pocket. But it will make mission to address the House for 1 This planned release comes in spite health care insurance too expensive for of ardent objection from the FBI and minute.) a lot of folks, so they will cancel their Mr. POSEY. Soon we will be asked to the Department of Homeland Security, insurance and then let the government who were overruled by Eric Holder and vote on a cap-and-trade bill. Here’s take care of them on this new national- what I know about it. In the Presi- the White House. ized health care plan. These Uyghur detainees are members dent’s budget, it showed new revenue of When you wish to solve a problem, $646 billion from cap-and-trade. The of the U.S. and the U.N.-listed terrorist it’s probably a better idea to come up group, the Eastern Turkistan Islamic cap-and-trade plan has been estimated with something that doesn’t make the to cost American families as much as Movement, whose leader, Abdul Haq, problem worse. It reminds me of the was listed as a terrorist by Obama’s $3,000 each per year. The price of every- statement, ‘‘If you think the problems thing will go up, from electric bills to Treasury Department. government creates are bad, just wait For Eric Holder to do this against gasoline—even food. The availability of until you see government solutions.’’ jobs will go down, as energy costs force the better judgment of the FBI and the The notion to tax health care bene- Department of Homeland Security, and more jobs overseas. And, it won’t re- fits punishes people who have planned duce emissions one iota. It didn’t in despite Senate Democratic Majority their lives and their careers with the Leader HARRY REID’s statement yester- Europe, and it won’t here. philosophy that they will be respon- It is simply a moneymaker. Another day that this Congress won’t tolerate sible for their own health care and not their release, is unacceptable. method of fleecing taxpayers. No less live off the government. energy will be used. Everyone will just It flies in the face of the bipartisan However, to fund the new French congressional opposition to the release pay more for the energy they do use. health care system, the administration It’s like paying someone else to go on of trained terrorists into the United is proposing to tax people who take States, including Republican and a diet for you. care of themselves, so there is money I’m convinced when the citizens of Democratic leadership in the House for people who can’t or won’t take care and the Senate. To do so in spite of this great country find out what has of themselves. There’s something been done to them by cap-and-trade, what is taking place, passing in the wrong with this picture. House, soon in the Senate, would be they will be outraged. No one can say And that’s just the way it is. that Congress was never told. unacceptable. f f f CREDIT CARDHOLDERS’ BILL OF b 1015 INVITATION TO GEORGE WILL RIGHTS (Mr. BLUMENAUER asked and was (Mr. SIRES asked and was given per- RECONSIDERING TAXPAYER SUP- given permission to address the House mission to address the House for 1 PORT FOR THE AUTO COMPA- for 1 minute.) minute.) NIES Mr. BLUMENAUER. George Will’s re- Mr. SIRES. Mr. Speaker, now is the (Mr. DEFAZIO asked and was given cent rant attacking Secretary of the time to stand up for American con- permission to address the House for 1 Transportation Ray LaHood and my sumers. Too many families and hard- minute.)

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.004 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5807 Mr. DEFAZIO. The premise of tax- Just last month I visited Jefferson energy independence, and protect our payer support for the auto companies County Vocational School where sev- planet for future generations. We have was twofold—preserve our productive eral teachers would be able to qualify before us a powerful, thorough and ef- capacity and maximize job retention. for loan forgiveness. My hope is that fective bill. It includes a nationwide re- Well, the plan has kind of gone off more career and tech teachers will newable electricity standard to ensure track here. The resolution of Chrysler, choose to stay in rural areas with the consumers get more of their electricity losing tens of thousands of jobs help of my legislation. from wind, solar and biomass energy. It through the unnecessary closure of More and more students in regions contains critical investments in energy dealerships, and now Chrysler is going like mine are pursuing a technical edu- efficiency, and it requires immediate to close their most productive, modern cation. My legislation would help pro- significant reductions in greenhouse engine plant in the world and build one vide these students with the best and gas emissions that are harming our in Mexico? How is that in the tax- the brightest vocational educators. planet. payers’ interest? When the bill becomes law, eligible vo- We must enact comprehensive cli- The leadership of the financier from cational teachers could receive up to mate legislation, and we must enact it Wall Street, Mr. Rattner, needs to be $17,500 in student loan forgiveness. now. We can’t sit idly by and allow brought under control here. GM’s now I urge all my colleagues to support other nations to lead the way to a on deck. The Obama administration the benefits these teachers deserve. clean energy future. I think America has to reconsider their approach. Don’t can and must do better. f endorse the closure of thousands of I hope others will join me in seizing dealerships. Don’t support the export SMALL BUSINESSES ARE THE this opportunity to pass the American of our productive capacity. HEART AND SOUL OF OUR ECON- Clean Energy and Security Act to tran- It is rumored that GM wants to man- OMY sition our country to a clean energy ufacture their cars in China. Pre- (Mr. WILSON of South Carolina economy, and protect our planet for our children and our grandchildren. serving a corporate shell while losing asked and was given permission to ad- productive manufacturing capacity and dress the House for 1 minute and to re- f tens of thousands of jobs is not in the vise and extend his remarks.) STAND WITH THE PEOPLE OF taxpayer interest and should not re- Mr. WILSON of South Carolina. Mr. CUBA AND AGAINST THE CAS- ceive the endorsement of the Obama Speaker, small businesses are the heart TRO REGIME administration nor this Congress. and soul of the American economy. (Mr. TIAHRT asked and was given f When small businesses are in trouble, permission to address the House for 1 RECOGNIZING WILLIAM COOKSEY our economy is in trouble. When taxes minute and to revise and extend his re- are raised on small businesses and on (Mr. FLEMING asked and was given marks.) permission to address the House for 1 American families, you reduce job cre- Mr. TIAHRT. Mr. Speaker, today is minute.) ation, and you burden an already trou- Cuba Solidarity Day, marking the an- Mr. FLEMING. Mr. Speaker, I rise bled economy. niversary of Cuba’s independence from today to recognize one of the special So what is next on the Democrat Spain. It has now become a day when veterans in my district. William agenda? A massive new national energy people across the world stand with the Cooksey is a World War II veteran who tax. This is not a recipe for economic people of Cuba who are waiting for just celebrated his 100th birthday. growth. This will hurt small businesses their day of freedom from 50 years of Later this month we will welcome and job creation. It raises the price of brutal communist repression. Mr. Cooksey to Washington as part of doing business. It raises the prices of Last month President Obama rean Honor Air Trip, which flies World consumer goods and home utility costs. versed the course of American policy War II veterans to our Nation’s capital It puts America and the small busi- towards Cuba, one of only four state free of charge to visit the World War II nesses that create the majority of our sponsors of terrorism. America is a Memorial and Arlington Cemetery. jobs at a disadvantage in the global beacon of hope, and we should resist Mr. Cooksey began his service to our economy. funding Castro’s regime or turning a country as a member of an infantry As we recognize the 46th annual Na- blind eye to their atrocities against the unit. He then moved to the Air Corps tional Small Business Week, we should Cuban people. Those wanting to increase trade with and served as a chaplain’s assistant be spending our time developing poli- Cuba should be reminded that all from October 1943 to December 1945. cies that promote growth, not burden money flows through Cuba’s state- When he left the military, he did so it. We should be fighting to give tax re- owned monopoly, and they don’t pay having received four Bronze Stars, a lief to the American people and these small businesses that employ them. their bills. Cuba has defaulted on more Purple Heart, the World War I Victory than $30 billion of its obligations. Medal and a Good Conduct Medal. At In conclusion, God bless our troops, and we will never forget September the Easing sanctions on Cuba does not 100 years old, Mr. Cooksey still serves make economic or humanitarian sense. 11th and the global war on terrorism. as the senior choir director at his It only lines the pockets of the Castro church. f brothers who want to hold onto their On behalf of this Congress, I thank REGARDING AMERICAN CLEAN EN- power by suppressing their people. Mr. Cooksey for his dedicated service. ERGY AND SECURITY ACT OF Today I am introducing a resolution May God continue to bless this special 2009 to restore the sanctions on Cuba. The man and all of our veterans who so Cuban people deserve our support and (Mrs. CAPPS asked and was given bravely and selflessly served our coun- continued condemnation of the Castro permission to address the House for 1 try. regime. minute and to revise and extend her re- f I encourage all my colleagues to marks.) honor Cuba Solidarity Day and stand INTRODUCTION OF RURAL CAREER Mrs. CAPPS. Mr. Speaker, this week with the Cuban people by cosponsoring AND TECHNICAL EDUCATION EX- the Committee on Energy and Com- my resolution. PANSION ACT merce is poised to pass landmark en- f (Mr. WILSON of Ohio asked and was ergy and climate legislation. Over two given permission to address the House Congresses, our committee has heard THE ACCELERATED PACE OF for 1 minute.) from over 300 expert witnesses who GLOBAL WARMING Mr. WILSON of Ohio. Mr. Speaker, have made it clear that we need swift (Mr. MORAN of Virginia asked and last week I introduced the Rural Ca- action to rebuild our economy and ad- was given permission to address the reer and Technical Education Expan- dress climate change. House for 1 minute and to revise and sion Act, a bill that would provide stu- America is ready, and the world is extend his remarks.) dent loan forgiveness to career and watching. We must transition to a Mr. MORAN of Virginia. Mr. Speak- technical teachers at rural high clean energy economy so that we can er, the Flat Earth Party is, once again, schools. create jobs here in America, achieve in a state of denial.

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.008 H20MYPT1 jbell on PROD1PC69 with HOUSE H5808 CONGRESSIONAL RECORD — HOUSE May 20, 2009 Much of the leadership and member- mental telehealth pilot project that revise and extend their remarks on ship of the Republican Party is denying will provide access to veterans that House Resolution 456. even the existence of global warming live in rural areas. This bill will make The SPEAKER pro tempore. Is there as a tactic to defeat the desperately it possible for them to at least talk to objection to the request of the gentle- needed clean green jobs legislation a qualified specialist about the prob- woman from Maine? that we are just about to bring to the lems that they face as they re-adapt to There was no objection. House floor. home life. Ms. PINGREE of Maine. Mr. Speaker, Imagine. Forget the fact that more Secondly, a report in the Journal of House Resolution 456 provides for con- than 2,500 of the most respected sci- Military Medicine stated that blasts sideration of the Senate amendment to entists from 130 countries have con- from IEDs have caused a debilitating H.R. 627, the Credit Cardholders’ Bill of cluded unequivocally that global condition called tinnitus. I have intro- Rights Act of 2009. The rule makes in warming does exist, that it is a very se- duced a bill that calls on the Depart- order a motion by the chairman of the rious problem, and that it is undoubt- ment of Defense to screen for tinnitus Committee on Financial Services to edly a result of human activity. and also calls on the VA to look for concur in the Senate amendment. The The accelerated pace of global warm- new ways of treating and curing rule waives all points of order against ing threatens hundreds of millions of tinnitus. consideration of the motion except people who live near the shoreline from We should never forget that freedom clause 10 of rule XXI and provides that flooding or from drought depending on is not free. These men and women laid the Senate amendment and the motion your location on this planet. In fact, in their lives on the line to protect us, shall be considered as read. The rule provides 1 hour of debate on the motion Juneau, Alaska, they’re building an 18- and we should always do all we can to controlled by the Committee on Finan- hole golf course on land that just a few serve them as well as they served us. cial Services. The rule provides that years ago was submerged underwater. f They’re losing more than 30 feet a year the question of adoption of the motion shall be divided for a separate vote on from the shoreline. PROVIDING FOR CONSIDERATION One has to wonder how the party of OF SENATE AMENDMENT TO H.R. concurring in section 512 of the Senate amendment. ‘‘No’’ still really feels about the theory 627, CREDIT CARDHOLDERS’ BILL Mr. Speaker, we have heard a lot that the Earth may revolve around the OF RIGHTS ACT OF 2009 about the deceptive practices of credit sun. Ms. PINGREE of Maine. Mr. Speaker, card companies over the last 2 weeks f by direction of the Committee on here in Washington. My friends here in INTRODUCTION OF HEARTH ACT Rules, I call up House Resolution 456 the House of Representatives have and ask for its immediate consider- (Mr. HEINRICH asked and was given highlighted the nearly $1 trillion credit ation. card debt in the United States. permission to address the House for 1 The Clerk read the resolution, as fol- President Obama has stressed the minute.) lows: need for ‘‘credit card forms and state- Mr. HEINRICH. I rise today to intro- H. RES. 456 ments that have plain language in duce the Helping Expedite and Advance plain sight.’’ My colleagues in the Sen- Responsible Tribal Homeownership Resolved, That upon adoption of this resolution it shall be in order to take from the ate have equated the deceptive prac- Act, or the HEARTH Act. Speaker’s table the bill (H.R. 627) to amend tices used by credit card companies to Homeownership is a fundamental ele- the Truth in Lending Act to establish fair loan sharking. Small business groups ment to the American dream, yet Na- and transparent practices relating to the ex- have drawn attention to the one in tive American homeownership rates tension of credit under an open end con- three businesses where credit card debt are half that of the general population, sumer credit plan, and for other purposes, with the Senate amendment thereto, and to accounts for at least 25 percent of the and too often the Federal Government company’s overall debt. has been the stumbling block. consider in the House, without intervention Purchasing a home is no easy process of any point of order except those arising b 1030 under clause 10 of rule XXI, a motion offered for any of us; but for many Native by the chair of the Committee on Financial Family and consumer groups have American families trying to buy a Services or his designee that the House con- highlighted the more than 91 million house on tribal land, they must also cur in the Senate amendment. The Senate United States families who are subject get lease approval from the Bureau of amendment shall be considered as read. The to unfair interest rate hikes and being Indian Affairs for the land that the motion shall be debatable for one hour equal- taken advantage of by hidden penalties house sits on. ly divided and controlled by the chair and and fees. These statistics are certainly This process can take between 6 ranking minority member of the Committee shocking, and meaningful legislation is months and 2 years, resulting in an in- on Financial Services. The previous question shall be considered as ordered on the motion necessary. However, this is not a new tolerable delay for finalizing a home to its adoption without intervening motion. issue to the American people. This is a sale. This bill would eliminate this re- The question of adoption of the motion shall problem that they understand all too quirement and allow tribal govern- be divided for a separate vote on concurring well and deal with each and every day. ments to approve trust land leases di- in section 512 of the Senate amendment. Credit cards have gone from being a rectly, giving more Native American SEC. 2. If either portion of the divided ques- luxury to being a convenience to being families the chance to own their own tion fails of adoption, then the House shall a necessity. Whether it is paying for home. be considered to have made no disposition of your gas at the pump or placing an I urge your support. the Senate amendment. order online, our modern economy al- SEC. 3. House Resolution 450 is laid on the f table. most requires you to have a credit card. Unfortunately, the tough eco- OUR NATION’S VETERANS The SPEAKER pro tempore. The gen- nomic times we are in mean that more (Mr. TEAGUE asked and was given tlewoman from Maine is recognized for and more Americans are turning to permission to address the House for 1 1 hour. credit cards to pay for basic necessities minute.) Ms. PINGREE of Maine. Thank you, or to make ends meet when something Mr. TEAGUE. Mr. Speaker, I rise Mr. Speaker. unexpected comes along. today to speak on an issue that is dear For the purpose of debate only, I Last weekend in Maine, I was talking to my heart—our Nation’s veterans. yield the customary 30 minutes to the with one of my constituents who told Yesterday I introduced several bills gentleman from Texas (Mr. SESSIONS). me something I hear frequently, that a that I believe would improve the qual- All time yielded during consideration credit card is the only way she can pay ity of life for our veterans and continue of the rule is for debate only. I yield her medical bills. And last winter, with to honor our commitment to them. myself such time as I may consume. skyrocketing heating oil prices, a cred- My district is a highly rural district, GENERAL LEAVE it card was the only way many people and my veterans need access to quali- Ms. PINGREE of Maine. I also ask in my State were able to stay warm. fied mental health professionals. I have unanimous consent that all Members But while credit cards have gone submitted a bill that will establish a be given 5 legislative days in which to from luxury to necessity, credit card

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.010 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5809 companies have undergone a transition allow visitors of national parks and impact on small business. Small busi- too. There was a time when a credit refuges to legally carry licensed fire- nesses are critical to this economy in card agreement was reasonably arms by a large bipartisan majority of making sure that we have economic straightforward and fair. It was an 67–29. While this does not add power to and job growth in this country. For in- agreement to provide a basic service the overregulated credit bill, it does dividuals starting a small business, for a reasonable fee. But all that has provide an important legislative vic- this legislation will increase their in- changed. Credit card agreements are a tory for Second Amendment rights. terest rates, reduce benefits and shrink tangle of fine print with complicated Yet my Democratic colleagues have the availability of credit, potentially provisions that almost seem designed separated the vote on this bill in two limiting their options even to succeed to keep the cardholder in debt forever. separate sections, one vote on the gun in the marketplace. Everywhere you turn, it seems the provision and one vote on the credit Meredith Whitney, a prominent credit card companies have dreamed up card bill. banking analyst, predicts, in a Wall a new fee or another clever scheme to Mr. Speaker, I would like to know Street Journal article from March, a raise your interest rate. Basic fairness why is this? Why is this that we take a $2.7 trillion decrease in credit will be has been replaced by deception and piece of legislation from the Senate available by the year 2010 out of the greed. and because it is not liked by the current $5 trillion credit line available These days using a credit card is like Democratic leadership here, we sepa- in this country. That means it will al- going to a Las Vegas casino. No matter rate that bill? Have my friends on the most be cut well in half. Mr. Speaker, how clever or responsible you are, nine other side of the aisle split this vote to with the current state of the economy, times out of ten, you are going to lose, increase government regulation while we urgently need to increase liquidity and the company is going to win. Man- voting against constitutional rights? and lower the cost of credit to stimu- aging your finances shouldn’t be a Not even 6 months ago, the Federal late even more lending, not raise rates gamble. The deck shouldn’t be stacked Reserve passed new credit card rules and reduce the availability of credit. against you. that would protect consumers and pro- This is not a solution for the ailing vide for more transparency and ac- Americans have a lot to worry about economy. these days: a weak economy, a broken countability in our credit market. This type of government control of health care system and rising energy These new regulations are set to take private markets is all about what our prices. And that is on top of all the re- effect in July of 2010, an agreed-upon Democratic colleagues and this admin- sponsibilities we face on a daily basis date to ensure the necessary time for istration have been exploring. Whether like raising a family and going to banks and credit card companies to it is federalizng our banks, credit mar- work. The last thing people need to make the crucial adjustments to their kets, health care or energy, the list worry about is whether or not their business practices without adversely goes on and on. That said, this admin- hurting consumers. With the growing credit card company is going to sud- istration has taken their power grab a Federal deficit, the current economic denly double their interest rate or sur- step further. Now they are considering crisis and the growing number of un- prise them with an unexpected fee they a take-over of the financial industry. employed, why is Congress now passing can’t afford. Converting preferred shares into com- Mr. Speaker, this bill will bring back legislation that already exists in Fed- mon equity signals a dramatic shift to- basic fairness to the credit card indus- eral statute? wards a government strategy of long- try and level the playing field for This legislation allows for the Fed- term ownership and involvement in Americans to take responsibility for eral Government to micromanage the way the credit card and the banking in- some of the Nation’s largest banks. their finances. Credit card companies Millions of Americans are rightfully dustry does its business. If enacted into have been getting away with too much outraged at the mismanagement of law, it is not credit card companies for too long. TARP and the reckless use of their tax I urge my colleagues to join me that will suffer. It will be everyone dollars. And I believe that taxpayers today in passing this important bill that has a credit card and, I might add, are increasingly uneasy with the Fed- and sending it directly to the Presi- those who would like to have a credit dent. card in the future. Every American will eral Government’s growing involve- I reserve the balance of my time. see an increase in their interest rates. ment in the financial markets. Mr. SESSIONS. Mr. Speaker, I want And some of the current benefits that Bloomberg.com had an article yester- to thank the gentlewoman for yielding encourage responsible lending will day which highlighted that three of our the appropriate time. most likely disappear, for example, large banks have applied to repay $45 Mr. Speaker, I rise today in opposi- cash advances and over-the-limit pro- billion in TARP funds. That means tion to this rule and to the underlying tection. they had to tell the government we legislation. This closed rule does not My friends on the other side of the would like to pay back the money, is call for the open and honest debate aisle not only remove any incentive for that okay, largely due to these burden- that has been promised time and time using credit cards responsibly, but they some regulations that the Treasury De- again by my Democrat colleagues. To- punish those who manage their credit partment continues to place on them. day’s action by my friends on the other responsibly to subsidize the irrespon- But just last week, Secretary Geithner side of the aisle is yet another example sible. announced that he is considering of the Federal Government overstep- Mr. Speaker, the Democrats also reusing bailout repayments for smaller ping its boundaries into the private want to limit the amount of credit banks. This is completely unaccept- marketplace. available to middle and low-income in- able, and why I have repeatedly called Mr. Speaker, today I will inform you dividuals, the very Americans who for a solid exit plan for American tax- of the parliamentary games that my need to take most advantage of credit. payers to be repaid by these TARP dol- Democratic colleagues are playing on A Politico article written last Friday lars. TARP dollars were never set up to this bill with a gun provision adopted discusses that the changes in this bill be used as a revolving fund for strug- by the Senate. We will discuss why ‘‘will dramatically raise the costs of gling banks. Congress is pushing a bill that already extending loans to cardholders and To preempt de facto nationalization exists in Federal statute, which not cause the riskiest cardholders to be of our financial system, on February 3, only limits credit and raises interest dropped altogether.’’ It goes on to men- 2009, the House Republican leadership, rates to responsible borrowers today. tion how bad this bill is in regard to including myself, sent a letter to Sec- Small business will feel the impact the current economic downturn and retary Geithner regarding what was also; and, finally, to review Congress’ how restricted access to credit cards called the ‘‘range of options’’ this ad- need to regulate every sector of the will make it increasingly harder to ministration was considering in man- economy while they refuse to manage purchase the essential family staples aging the $700 billion of taxpayer mon- their own gross spending habits of the while dealing with job layoffs and tem- eys. taxpayer dollar. porary unemployment. Mr. Speaker, I will insert into the The Senate managed to add a provi- Additionally, the strain of this legis- RECORD a letter that was sent to Sec- sion in this legislation that would lation could have a direct and adverse retary Geithner at that time.

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CONGRESS OF THE UNITED STATES, sions; David Dreier; Kevin McCarthy; wish any comprehensive answers to the seri- Washington, DC, February 3, 2009. Spencer Bachus. ous questions raised in our February 2, 2009 Hon. TIMOTHY F. GEITHNER, This letter outlined a host of ques- letter to you about the Administration’s exit Secretary, U.S. Department of the Treasury, tions that deal with ensuring that the strategy for the government’s growing in- Washington, DC. volvement in the financial markets. DEAR SECRETARY GEITHNER: Recent reports taxpayers would be paid back and also In absence of the Administration’s re- indicate that the Administration is consid- having an exit strategy for the govern- sponse to that letter, I would appreciate ering a ‘‘range of options’’ for spending the ment’s sweeping involvement in the fi- your prompt assurance that converting these second tranche of the Troubled Asset Relief nancial markets. Today is May 20, and preferred shares to common equity—thereby Program (TARP) released last week and that over 3 months later, there has been no taking these companies closer to national- the Administration is considering whether to response by Secretary Geithner to the ization and putting taxpayers’ money at in- ask the Congress for new and additional Republican leadership letter. creased risk—is not a part of the Adminis- TARP funds beyond the $700 billion already A couple of weeks ago, the Special tration’s yet-to-be-articulated strategy on provided. We are writing to raise serious Inspector General for the Troubled getting out of the bailout business. questions about the efficacy of the options Thank you in advance for your prompt at- being considered and to ask whether the Ad- Asset Relief Program, TARP, published tention to this issue of critical importance ministration is developing a strategy to exit a report that reveals at least 20 crimi- to me, the residents of Texas’ 32nd District the bailout business. nal cases of fraud in the bailout pro- and the entire taxpaying American public. If Because the Administration has com- gram and determined that new action you have any questions regarding this letter, mitted itself to assisting the auto industry, by President Obama’s administration please feel free to have your staff contact my satisfying commitments made by the pre- are ‘‘greatly increasing taxpayer expo- Chief of Staff Josh Saltzman. vious Administration, and devoting up to Sincerely, $100 billion to mitigate mortgage fore- sure to losses with no corresponding increase in potential profits.’’ This is PETE SESSIONS, closures, it has been reported that President Member of Congress. Obama might need more than the $700 billion why you see the Republican leadership authorized by the Emergency Economic Sta- asking questions. This administration As this Democrat Congress continues bilization Act (‘‘EESA’’) to fund a ‘‘bad has not responded to our letter. to tax, borrow, and spend American’s bank’’ to absorb hard-to-value toxic assets. This administration is not above hard-earned tax dollars, we move even In light of these commitments—which come oversight and accountability. The closer to nationalizing our banks and at a time when the Federal Reserve is flood- American people deserve answers for credit systems, which will only deepen ing the financial system with trillions of dol- their use of tax dollars and an exit our current economic struggle. The lars and the Congress is finalizing a fiscal Federal Government’s interference in stimulus that is expected to cost taxpayers strategy from taxpayer-funded bail- more than $1.1 trillion—it is not surprising outs, including how their investment hindering our progress is apparent, that the American people are asking where in TARP will be returned. That is why while they should be there to help so- it all ends, and whether anyone in Wash- I sent another letter to Secretary lidify making our system stronger and ington is looking out for their wallets. Geithner on April 23 of this year ex- better. When Congress or the adminis- Indeed, a bipartisan majority of the pressing grave concern to the recent tration changes the rules, it should be House—171 Republicans and 99 Democrats— in the best interest of the American recently expressed the same concerns, voting reports of the Treasury moving taxpayer dollars into riskier investments public. But I can honestly say that this to disapprove releasing the final $350 billion is not the case today. from the TARP. As we noted in our Decem- in banks’ capital structures. ber 2, 2008 letter to then-Secretary Paulson Mr. Speaker, I will insert into the Mr. Speaker, it is appropriate to con- and Chairman Bernanke, we realize that CONGRESSIONAL RECORD a copy of this sider new ways to protect consumer changing conditions require agility in devel- letter dated April 23 to Secretary credit and consumers from unfair and oping responses. However. the seemingly ad Geithner. deceptive practices and to ensure that hoc implementation of TARP has led many HOUSE OF REPRESENTATIVES, Americans receive useful and complete to wonder if uncertainty is being added to Washington, DC, April 23, 2009. disclosures about terms and conditions. markets at precisely the time when they are Hon. TIMOTHY GEITHNER, But in doing so, we should make sure desperately seeking a sense of direction. It Secretary, Department of the Treasury, has also intensified widespread skepticism that we do nothing to make credit Washington, DC. about TARP among taxpayers, and prompted cards more expensive for those who DEAR SECRETARY GEITHNER: I am greatly misgivings even among some who originally need this credit or to cut off or hinder concerned by recent news reports that the greeted the demands for the program’s cre- access to credit for small business with Administration is considering converting the ation with an open mind. Accordingly, we re- those less-than-perfect histories. government’s preferred stock in some of our quest answers to the following questions: nation’s largest banks—investments ac- While reading the Wall Street Jour- 1. How does the Administration plan to nal a few weeks ago, I came across an maximize taxpayer value and guarantee the quired through the TARP program—into most effective distribution of the remaining common equity shares in these publicly-held op-ed called ‘‘Political Credit Cards’’ $350 billion of TARP funds? companies. discussing this very issue. It states: 2. How is the Administration lending, as- As you are aware, these investments were ‘‘Our politicians spend half their time sessing risk, selecting institutions for assess- originally made to their recipients at fixed berating banks for offering too much ing, and determining expectations for repay- rates for a fixed period of time—signaling credit on too easy terms, and the other ment? that their intent was to provide these banks with short-term capital for the purpose of half berating banks for handing out too 3. Will the Administration opt for a com- little credit at a high price. The back- plex ‘‘bad bank’’ rescue plan? How can the improving our financial system’s overall po- ‘‘bad bank’’ efficiently price assets and mini- sition during a time of crisis. Converting ers should tell the President that mize taxpayer risk? Will financial institu- these shares into common equity, however, they’ll start doing more lending when tions be required to give substantial owner- signals a drastic shift away from the Admin- Washington stops changing the rules.’’ ship stakes to the Federal government to istration’s original purpose for these invest- This speaks to exactly what happened participate in the program? ments to a new strategy of long-term owner- with TARP, health care, welfare, taxes, 4. Is a ‘‘bad bank’’ plan an intermediate ship of and involvement in these companies. and lots of other legislation, including I am concerned that converting these pre- step that leads to nationalizing America’s that underlying legislation today. banks? ferred shares into common equity would 5. Can you elaborate on your plans for the have two serious and negative effects. First, Mr. Speaker, the American people de- use of an insurance program for toxic assets? it would bring the banks whose shares are serve better from their elected offi- Specifically, will you seek to price insurance converted closer to de facto nationalization cials. I encourage my colleagues to programs to ensure that taxpayer interests by creating the potential for the government vote against this rule. are protected? If so, how will you do so? to play an increasingly activist role in their And I reserve the balance of my time. 6. What is the exit strategy for the govern- day-to-day operations and management. ment’s sweeping involvement in the finan- Second, I am concerned that moving these cial markets? investments further down the bank’s capital b 1045 Thank you for your consideration of these structure into a riskier position puts Amer- Ms. PINGREE of Maine. Mr. Speaker, important questions. ican taxpayer dollars at increased risk of Sincerely, being lost in the event of a recipient’s insol- I yield 2 minutes to the gentleman John Boehner; Mike Pence; Cathy vency. from New Jersey (Mr. HOLT). McMorris Rodgers; Roy Blunt; Eric To date, no Administration official has Mr. HOLT. Mr. Speaker, I thank the Cantor; Thaddeus McCotter; Pete Ses- provided the House Republican Leadership gentlelady.

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Their hard-earned taxpayer we should have a Treasury Department ury on how to implement the rules, such as dollars were used to shore up financial that eagerly, gleefully wants to get how to determine which people to count in institutions to prevent economic col- back money that was given to them on the top 25. lapse and, in return, some of the very behalf of the taxpayer. And instead JPMorgan, Goldman Sachs, and Morgan same financial institutions turned what happens is we have a Treasury Stanley were among nine banks that were around and doubled the interest rates Department that is delaying this. It is persuaded in mid-October by then-Treasury they charge their customers. I’m making it, I believe, more difficult, all Secretary Henry Paulson to accept the first $125 billion of capital injections from the pleased we’re taking strong action under the guise, then, of trying to TARP program to help restore stability to today to combat these abuses—yes, make sure that they get what they the financial markets. abuses—and I urge my colleagues to want, and that is exacting more rules STRESS-TEST RESULTS and regulations on these banks. support it. The refunds would be the first by the big- However, I have serious concern I think that the Treasury Depart- gest banks that participated in the program. about the amendment that would allow ment should respond back to our let- As of May 15, 14 of the smaller banks that reloaded firearms in our national parks. ter. They should tell us what the exit ceived capital under the program had al- There is no reason for this provision in strategy is, how people should pay ready repaid it, according to data compiled the bill. It is not germane. It is not rel- back the money, and let the free enter- by Bloomberg. evant. It is poor public policy. prise system go about its job of cre- The 19 biggest banks were waiting for the Wait a minute, you say, I thought ating not only a better economy, but conclusion earlier this month of so-called you were talking about credit cards. To also creating an opportunity to raise stress tests to determine whether they would require additional capital to withstand a fur- say that this amendment about guns in stock prices and employment in this ther deterioration of the economy. the parks is out of left field insults the country by doing their job in the free Goldman Sachs and JPMorgan, the fifth- many ball players who, over the years, enterprise system. and second-biggest U.S. banks by assets, have held that position—yes, even the I will include this article from were found not to need any more money. bumblers. It insults them. Bloomberg.com as part of our testi- Morgan Stanley, the sixth-biggest bank, For the past 25 years, the regulations mony today. raised $4.57 billion by selling stock this month, exceeding the $1.8 billion in addi- requiring guns in parks to be unloaded MORGAN STANLEY, JPMORGAN, GOLDMAN SAID tional capital the regulators said the bank and stored has served the Park Service TO APPLY TO REPAY TARP may require. and the park public well. It helps keep (By Christine Harper and Elizabeth Hester) ‘‘WRONG TIME’’ our national parks the safest lands in MAY 19 (BLOOMBERG)—Goldman Sachs the country. The probability of being a Group Inc., JPMorgan Chase & Co. and Mor- While executives at Goldman Sachs and victim of a violent crime in a park is gan Stanley applied to refund a combined $45 JPMorgan have expressed a desire to repay less than 1 in 700,000. These regulations billion of government funds, people familiar their TARP money for months, Morgan with the matter said, a step that would mark Stanley Chairman and Chief Executive Offi- also help prevent mischief and even cer John Mack told employees on March 30 poaching of endangered species that the biggest reimbursement to taxpayers since the program began in October. that he thought it was ‘‘the wrong time’’ to our parks help protect. The three New York-based banks need ap- repay the money. Our national parks are national proval from the Federal Reserve, their pri- Morgan Stanley, which reported a first- treasures, and they should be granted mary supervisor, to return the money, ac- quarter loss, also slashed its quarterly divi- special protections. It’s completely ap- cording to the people, who requested ano- dend 81 percent to 5 cents. On May 8, when propriate to have special regulations nymity because the application process isn’t the company sold stock, it also sold $4 bil- that are special to the parks. We in public. Spokesmen for the three banks de- lion of debt that didn’t carry a government clined to comment, as did Calvin Mitchell, a guarantee. Selling non-guaranteed debt is a Congress should do everything we can prerequisite for repaying TARP money. to ensure that these invaluable re- spokesman for the Federal Reserve Bank of New York. The banks will also have to decide whether sources are protected for future genera- If approved, the refunds would be the most to try to buy back the warrants that the tions, and I strongly urge my col- substantial since Congress established the government received as part of the TARP in- leagues to vote against that amend- $700 billion Troubled Asset Relief Program vestments. The warrants, which could con- ment in this bill. last year to quell the turmoil that followed vert into stock if not repurchased, would add Mr. SESSIONS. Mr. Speaker, we the bankruptcy of Lehman Brothers Hold- to the cost of repayment. spoke just a minute ago about how ings Inc. Banks want to return the money to JPMorgan, which has $25 billion of TARP banks had accepted these TARP funds escape restrictions on compensation and hir- money, would need to pay about $1.13 billion to buy back the warrants, according to a and accepted them because it was nec- ing that were imposed on TARP recipients in February. May 14 estimate by David Trone, an analyst essary at the time to ensure the finan- ‘‘It really is a way for them to break from at Fox-Pitt Kelton Cochran Caronia Waller. cial success of the banking system. the herd,’’ said Peter Sorrentino, a senior Morgan Stanley’s warrants would cost $770 And yet now here we are a few months portfolio manager at Huntington Asset Advi- million and Goldman Sachs’s would cost $685 later and the banks have undergone sors in Cincinnati, which holds Goldman million, Trone estimated, using the Black- their stress tests. The banks under- Sachs and JPMorgan shares among the $13.8 Scholes option-pricing model. stand more about the risk that is out billion it oversees. ‘‘It’s a great way to at- BANK SHARES there. And yet even as companies like tract customers, personnel, capital.’’ Goldman Sachs and Morgan Stanley shares Treasury Secretary Timothy Geithner said JPMorgan Chase want to refund $45 bil- have climbed since Oct. 10, the last trading on April 21 that he would welcome firms re- day before the banks were summoned to a lion or give it back to the government, turning TARP funds as long as their regu- the government is balking at them meeting by Paulson and informed of the gov- lators sign off. He added that regulators will ernment’s plans to purchase preferred stock doing that. consider whether banks have enough capital in them. Goldman Sachs, whose stock closed The reason why is, as this article in to keep lending and whether the financial today at $143.15 in New York Stock Exchange Bloomberg.com states, because the system as a whole can supply the credit composite trading, is up 61 percent. Morgan government has a methodology that needed to ensure an economic recovery. Stanley, which closed today at $28.28, has al- they want to follow which would cause GEITHNER’S ‘‘BROAD CONSTRAINTS’’ most tripled from $9.68. banks to be in a different position be- One of the people familiar with the efforts JPMorgan shares, by contrast, are 11 per- cause—in other words, not run their by the banks to repay TARP said he antici- cent lower at today’s $37.26 closing price business the way they want—because pates that the government would prefer to than they were on Oct. 10, when they closed government wants to tell them what issue industrywide compensation guidelines at $41.64. before allowing any major banks to repay Banks could open themselves up to law- the rules and regulations would be. TARP money. suits if they repay the money too quickly And it appears as though that that is Geithner said yesterday that he would like and end up needing to ask the government what this Treasury Department wants to establish ‘‘some broad constraints’’ on for help in the future, James D. Wareham, a to do, that they have delayed banks compensation incentives in the financial in- partner in the litigation department at Paul

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He reported yes- ciate the gentlewoman letting me News, off their Web site, dated May 13 terday that Morgan Stanley is seeking pre- know that she has no further speakers. article said, Despite the warm welcome liminary assurances that it can exit the pro- Mr. Speaker, one of the things that Geithner’s announcement received gram. we spoke about earlier was the letters from the assembled bankers, some Cap- Mr. SESSIONS. I reserve the balance that the Republican leadership has itol Hill lawmakers are none too happy of my time. sent to Secretary Geithner asking with the plan to repay taxpayer money Ms. PINGREE of Maine. Mr. Speaker, questions about Treasury’s plans now back out to smaller banks. I yield 2 minutes to the gentleman about not only the use of TARP funds, And it talks about Representative from Arizona (Mr. GRIJALVA). how they will be paid back, what that BRAD SHERMAN, who is a Member of Mr. GRIJALVA. Mr. Speaker, I rise process is, and finally, the exit strat- this body and a Democrat from Cali- in strong support of H.R. 627 and in egy from the TARP program. fornia, ‘‘blasted Geithner on the House strong opposition to the Coburn The Republican leadership in this floor today, citing part of the original amendment. This vital legislation was House sent a letter to Secretary TARP bill—Section 106D—that he said hijacked in the Senate by a dangerous Geithner months ago. We have not meant that these plans were ‘illegal.’ amendment that would ban virtually heard anything back, certainly not in ‘‘It is being widely accepted in the all regulations of guns in national park writing. So we have looked across the press and on Wall Street and in Wash- and wildlife refuges—an amendment news media for releases that came from ington that whatever the Secretary that has absolutely no place in this the Secretary, and among other things, gets back from the banks will instead bill. we have seen things that disturb us be part of some revolving fund from The Coburn amendment overturns greatly. One of those is that the Sec- which the Secretary of the Treasury reasonable limits put in place by Ron- retary has openly talked about the may make additional bailouts in addi- ald Reagan and goes far beyond the wanting to have this Federal Govern- tion to the first $700 billion of expendi- regulations proposed by George W. ment change the investment that was tures.’’ Bush. The House will vote on this ex- made in these banks from, in essence, It says, ‘‘Sherman went on, ‘Well, the treme language separately, and I urge one type of instrument to another. In statute is very clear to the contrary, whatever is returned to the Treas- my colleagues to strip the Coburn this case, it was from preferred stock ury,’ ’’ it is returned to the Treasury. It amendment from the legislation. to common stock. We need to be very clear. The rights In other words, since they put the goes into the general fund. Mr. Speaker, what we’re talking guaranteed under the Second Amend- money in the system, in the banks, and about is the Secretary of the Treasury ment are fully protected under the cur- they cut a deal about what they would has the authority and the responsi- rent policy. The current rule allows do, they now want to change the rules bility to manage these funds. I do rec- guns in parks and refuges as long as of the game. I believe that is not only ognize that as these funds were given, unhealthy, I think it would absolutely they are not loaded and properly there was a change of administration. I be against the spirit of the law that we stored. The National Rifle Association believe, and I think this Congress be- has spent years trumping up claims passed about the intent. What happens when you do this is lieves, that Secretary Geithner was a and distorting data in order to claim a part of that transition. But now that symbolic victory by overturning these now the Federal Government would then become a common shareholder, the Secretary has been in office and he Federal limits on guns in national has assembled his team, it’s time that meaning that the government would be parks. Clearly the NRA is a special the Secretary be very plain and write investing in the stock market. The group with no interest at all in pro- back at least those people who are government would become a partner in tecting and preserving our national writing letters, including the Repub- that effort, meaning that the govern- parks and wildlife areas. lican leadership, asking what the plan ment, as such a large player, could de- Claims that visitors will be safer is. with loaded guns goes contrary to the termine the stock price up and down. I Seeing press releases as they come data and is not credible. The FBI states think that is a bad deal. I think that’s out one at a time as the Secretary that there were less than two violent a bad deal not just for the free enter- chooses to do this is not a plan. We’re crimes for 100,000 national park visits prise system, but I think that’s a bad after a thoughtful idea and process now in 2006. Nationally, the violent crime deal for this government. It puts them that we’ve been through the stress test rate is 300 times that. into a position where the government about how the American taxpayer can It is important that we realize that helps control the stock market and the be paid back. And I think the $700 bil- our parks are special places and that a stock price. lion plus interest is what needs to tradition of 100 years, law that has We’ve asked Secretary Geithner what come back to the Treasury and go into been in place and regulations since the he thinks about that. Secretary the general fund. Ronald Reagan era have protected and Geithner has not responded except to Mr. Speaker, at this time I would enhanced those parks. The Coburn lan- say that that is reserved as an option. like to yield 4 minutes to the gen- guage will have devastating con- And now on May 13, we see that Sec- tleman from Roswell, Georgia, Dr. sequences—some intended, some not. It retary Geithner announces that the PRICE. is far different from the rule proposed bailout repayments will be reused for Mr. PRICE of Georgia. Mr. Speaker, I by the former Secretary Kempthorne smaller banks. That means that the want to thank my good friend from and goes well beyond anything we have money that was lent as part of the Texas for his leadership on this and so considered in this House under Demo- TARP program, when the money comes many issues, and he talks about eco- cratic or Republican leadership. back in, Secretary Geithner is now nomic responsibility, which is what Our parks and refuges are America’s going to reallocate that to smaller this is all about. cathedrals. They are a sanctuary for banks. The context of this legislation that wildlife and visitors. Loaded guns, It should be noted that what hap- we’re considering, the Credit Card- which can be brandished at the drop of pened is a number of these banks have holders’ Bill of Rights Act—and I’m of- the hat, are wholly inconsistent with already received the money. But the tentimes struck in Washington that these values. I urge defeat of the TARP program, by the way it was set the title of the bill doesn’t bear any re- amendment. up, it said that when the money comes semblance to what is in the substance Mr. SESSIONS. Mr. Speaker, at this back in, it will go back into general of the bill, and this is again true with time I would like to reserve the bal- funds. In other words, it was taken out this ‘‘Bill of Rights Act.’’ ance of my time. of general funds. It was expected that But the context in which we’re talk- Ms. PINGREE of Maine. I am the last it would be paid back plus interest and ing about this legislation is an eco- speaker for this side, so until the gen- would come back to us. nomic backdrop that this country has

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.038 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5813 never experienced before. I hear from strongly support the Second Amend- to, if you were a little bit riskier cus- constituents every single day from my ment protections offered by our col- tomer, you paid a little bit higher rate. district who are unable to get loans or league across the Capitol, Senator If you were a little less risky customer, new lines of credit. I hear from banks COBURN, and approved by the Senate. you paid a lower rate. If you were pay- in my district who are suffering under Anytime that Congress can back Amer- ing your balances on time, you were mark-to-market accounting rules and icans’ Second Amendment rights, we being rewarded for that. If you were getting mixed messages from the regu- should certainly do so. being late, you were being penalized for lators and still wanting to lend. We’ve heard from our constituents that. That makes sense. You know, and people across the country that good behavior, reward good behavior; b 1100 they are upset about some of the credit bad behavior, punish bad behavior. In that light, this legislation is sim- card policies that are coming in place. But what this bill wants to do is say, ply the wrong thing at the wrong time. Some people are seeing their interest you know what, we’re going to wrap ev- This bill, this ‘‘credit cardholders’ bill rates increased, and some are seeing erybody up into one little package and of rights act,’’ will decrease the avail- their credit lines reduced. I understand say everybody is the same. It doesn’t ability of credit and increase the cost their concerns, particularly those who matter whether you’re chronically late of credit. have been playing by the rules, using on your credit card or if you’re paying Consumers should receive key infor- their credit cards responsibly. They out the balance in full each month, we mation about credit card products in a feel like now they are being penalized are going to restrict the ability to— more concise and simple manner. Yes, for doing the right thing, and I don’t The SPEAKER pro tempore (Mr. we agree with that. Information will disagree with them. SALAZAR). The time of the gentleman empower consumers to determine One of the things that people think is has expired. which credit card product is right for that somehow this credit card bill is Mr. SESSIONS. I yield the gentleman them. But this bill will decrease the going to help the people that have been 2 additional minutes. availability of credit and increase its doing and playing by the rules. In fact, Mr. NEUGEBAUER. So why would cost. It will impose significant restric- this bill I believe hurts people that Congress do that to credit cardholders tions and price controls on creditors, have been playing by the rules. Those that are actually being responsible and individuals will have fewer options, who have been using their credit cards about that. Well, they shouldn’t do not more, Mr. Speaker, fewer options responsibly now can expect some extra that, and that’s the reason we should from which to choose. fees and maybe now annual fees, where defeat this rule and defeat the under- This bill will, by law, prevent issuers previously they were paying no annual lying bill. from being able to price for risk. That fees. Now, interestingly enough, there was means they can’t look at an individ- We’ve talked a lot about what the a New York Times article I believe yes- ual’s credit history to determine what Federal Reserve has been trying to do, terday—and not always do I agree with price that issuance of credit will cost. and they have already issued new rules some of the things that are in the New It will dictate how they must treat the on credit card activities, and in fact, York Times—but I thought it was in- payment of multiple balances. It will we’ve not even given the time for these teresting that this particular article implement price controls. We’ll only new rules to be implemented, and we’re basically said that same thing, that see restricted access to credit for those going to bring legislation. we’re going to just allow banks to be with less than perfect credit histories Now, the problem that I have with able to do risk-based pricing and, to and, again, increase the cost of credit that is that anytime you put a new pol- quote, ‘‘Banks used to give credit cards for everyone. icy in place, sometimes there are unin- only to the best consumers and charge So I ask my colleagues to join me in tended consequences. One of the things them a flat interest rate of about 20 protecting the American consumer by about making this law, as opposed to percent and an annual fee. But with voting against this rule and by voting letting the Federal Reserve make that the relaxing of usury laws,’’ as I told against this legislation. Let’s foster rule, is if the Federal Reserve were to you earlier, they are able to do risk- competition in the marketplace by pro- discover that in some cases, some of based pricing. viding consumers with timely, clear, these credit card rules were in fact It goes on to say that there will be and conspicuous information about being punitive to credit card users, one-size-fits-all pricing. What does that credit cards. Let’s ensure that the key they would have the ability to amend mean for those of us that maybe terms of a credit card account are dis- their rules. haven’t been paying an annual fee on closed on a clear and timely basis when If we put this into law, the problem our credit card? We’re going to be pay- shopping for credit and throughout the is that if we find out there’s some unin- ing an annual fee. Those of us that account relationship. tended consequences, then we have got have been enjoying a grace period, that Let’s preserve the ability of card to come back and go through a legisla- grace period probably is going to get issuers to provide the benefits and the tive process to undo that. Now, how shorter. Those of us that maybe have flexibility cardholders have come to many people believe that Congress has reward credit cards where we’re getting expect from their credit card accounts. a history of undoing legislation that is airline miles and something like that, A recognition that cardholders have found to be onerous? The record is not what does that mean? Those probably different needs and preferences and, very good, and that’s the reason many are going to be restricted or could go therefore, a one-size-fits-all approach of us believe that we need to let these away. to card practices is not the preference new Federal Reserve rules go into That’s what happens when we get the of the American people. This bill will place, let the marketplace determine Federal Government trying to tell increase the cost of credit and decrease what are the best policies, and the best Americans what kind of credit card its availability. way to adjust to this. they ought to have, what kind of mort- I urge my colleagues to vote ‘‘no’’ on If you look at the history of credit gage they ought to have, what kind of the rule and ‘‘no’’ on the underlying cards, what you learn is that many car they ought to drive, what products legislation. years ago credit cards were only avail- their banks should be able to provide Mr. SESSIONS. I thank the gen- able to the very best customers in the for them. What made this country tleman for his thoughtful comments. bank. Many people were not able to get great is innovation, and when the Fed- Mr. Speaker, at this time, I’d like to credit cards. But as States changed eral Government starts getting in- yield 4 minutes to the gentleman from their usury laws and more flexibility volved in these businesses we destroy Lubbock, Texas (Mr. NEUGEBAUER). was given to these credit card compa- innovation, we destroy American peo- Mr. NEUGEBAUER. Well, I thank the nies on pricing of credit cards, they be- ple’s choices, and that’s not what the gentleman, and we are here today de- came available to many more Ameri- American people I believe sent Mem- bating a very familiar issue in terms of cans, and now almost every American bers of Congress here to do, to take credit cards, but this time things are a probably has some form of credit card away their choices. I believe they sent little bit different. or the other. Members of Congress here to enhance I do not strongly support the under- What is going to happen now is that their choices and enhance their oppor- lying provisions of H.R. 627, but I what these banks did, they were able tunities.

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.019 H20MYPT1 jbell on PROD1PC69 with HOUSE H5814 CONGRESSIONAL RECORD — HOUSE May 20, 2009 And so with that, Mr. Speaker, I en- new charges on their credit card bills. These bill, makes our parks and historic sites less courage Members to vote against the tricks and traps are unfair and can lead to safe, and increases the opportunity for illegal rule and vote against the underlying devastating financial consequences for fami- poaching of protected wildlife. legislation, and I appreciate the gen- lies already teetering on the edge. Last year, the Bush Administration tried to tleman for yielding. The Credit Card Holders Bill of Rights pro- push through similar regulations as contained Mr. SESSIONS. I thank the gen- tects consumers from these abuses with in this amendment, undoing Reagan-era re- tleman for not only coming to the floor strong, forward looking protections. The bill strictions on the possession of loaded, con- but for his thoughtful ideas. ends unfair, retroactive interest rate increases; cealed weapons in National Parks. During the Mr. Speaker, in closing, I’d like to prohibits excessive ‘‘over-the-limit’’ fees; pro- public comment period 140,000 people voiced stress that while my friends on the tects cardholders who pay on time; forbids a their opinion, 73 percent of which opposed the other side of the aisle claim to be pro- card company from unfairly allocating con- new regulations. Despite this public rejection, tecting consumers with this legisla- sumer payments or using due date gimmicks; the Bush administration finalized the regulation, in reality, they’re going to limit enhances restrictions on card issuance to tions. Earlier this year, a U.S. District Court credit, reduce benefits, and raise inter- young consumers; and prevents deceptive ruled against the implementation of the regula- est rates for every single consumer, marketing practices. tions because the process was ‘‘astoundingly whether they were a good consumer or Similar protections have been finalized in flawed’’ and because officials ignored substan- a risky consumer. the rule making of the Federal Reserve and tial evidence regarding the impact the new I think the American taxpayer, real- other agencies. But they do not take effect regulations would have on the environment. ly, the American public, including until July of 2010. By codifying many of those Today, Congress is trying to surreptitiously small businessmen and -women, really proposals into law now, the Credit Card Hold- enact ill-conceived and dangerous policy as deserve the same accountability and ers Bill of Rights helps to protect consumers an attachment to an entirely separate piece of transparency with their dollars to be more quickly and when they need it most. legislation. Allowing loaded, concealed weap- used in a way that they see fit. President Obama asked Congress to deliver ons in National Parks will endanger National Mr. Speaker, we as a Nation have a for his signature, in time for the Memorial Day Park Service employees, National Park visi- real problem, and we need real solu- Recess, a strong bill that protects consumers tors, and wildlife. While the NRA may support tions, and passing this legislation from abusive practices. This is that bill. I en- this wrong-headed policy change, the amend- today when we already have a statute courage my colleagues to join me in sup- ment is opposed by the Association of Na- that will take place is simply a waste porting it. tional Park Rangers, the U.S. Park Rangers of time. Mr. BLUMENAUER. Mr. Speaker, I strongly Lodge—Fraternal Order of Police, the National We need to protect jobs. We need to support the passage of the Credit Card- Parks Conservation Association, and the Coa- provide more jobs. We need to encour- holders’ Bill of Rights Act. This legislation will lition of Park Service Retirees. Quite simply, age economic growth. And we need to help to create a fairer consumer credit market those who would be directly impacted by this action believe it is unwise and will endanger restore the American public’s faith in by curbing some of the most egregious and the lives of both humans and wildlife. their Members of Congress. arbitrary credit card lending practices. Current The need for this change, according to pro- And I believe today you have heard industry practice can trap consumers in a vi- ponents, is to allow National Park visitors the very succinctly the Republican Party cious cycle of debt—this legislation will assist ability to protect themselves from potential vio- come down and talk about how this bill in breaking that cycle. lence. But National Parks are exceedingly safe is a big overreach that will impact and Americans now carry roughly $850 billion in places, experiencing much lower rates of cause problems to a system rather than credit card debt, roughly $17,000 for each crime than in the general public. In fact, Na- making it better. household that does not pay their balance in tional Parks experience 1.6 violent crimes per With that, I encourage a ‘‘no’’ vote full each month. A recent Sallie Mae survey 100,000 visitors, much lower than the over on this closed rule. indicated that 84% of undergraduates had at 170 violent crimes per 100,000 individuals re- I yield back the balance of my time. least one credit card and that, on average, corded among the general public. The more Ms. PINGREE of Maine. Mr. Speaker, students have 4.6 credit cards. likely result of this provision is an increase in in spite of all the debate this morning The legislation bars the practice of ‘‘uni- gun accidents and poaching activity. This on the TARP, on Secretary Geithner, versal default.’’ Credit card issuers will not be amendment will make National Park visitors on guns in the national parks, I just able to increase a cardholder’s interest rate on less safe, not more. want to remind my colleagues that existing balances based on adverse informa- Proponents also insist this amendment is we’re here today to talk about the rule tion unrelated to card behavior. about restoring Second Amendment rights to on H.R. 627, the Credit Cardholders’ The legislation also bars so-called ‘‘double- citizens. Yet, even in the Supreme Court’s Bill of Rights. cycle billing’’ and similar practices, where Heller v. D.C. ruling, the Court was clear that Mr. Speaker, this is an opportunity credit card companies bill consumers for bal- the Second Amendment is not absolute and for us to prove to nearly 175 million ances already paid by the borrower. that certain restrictions could be established to Americans with credit cards that we The legislation requires that consumer pay- protect public safety. I believe prohibiting con- understand their frustration and we ments be directed at the highest interest por- cealed weapons in National Parks is one such recognize that they are the target of tions of a credit card balance, allowing con- allowable restriction. unfair, unreasonable, and deceptive sumers to more quickly pay down their bal- National Parks are natural cathedrals. They practices. Late fees, over-the-limit ances. are places where Americans can go to escape fees, arbitrary increases in interest The legislation also requires that fees be their everyday lives and experience the beauty rates, the credit card companies have reasonable and proportional to the consumer’s of the natural world. Current regulations re- gotten away with far too much for far late or over-limit violation. Penalty clauses are quiring weapons to be unloaded or disassem- too long. It’s time we level the playing generally unenforceable in the realm of con- bled, regulations first imposed by the Reagan field now for small businesses, for fam- tracts. Why should consumers be unfairly bur- Administration, have served the public interest ilies and for individuals across this dened? Congress should ensure that con- for the past 25 years. The Coburn amendment country. sumers will not be terrorized into performance. is unnecessary, non-germane, and dangerous. I urge a ‘‘yes’’ vote on the previous Oregon students and families, like students I strongly urge my colleagues to vote against question and on the rule. and families across the country, are heavily it. Mr. VAN HOLLEN. Mr. Speaker, I rise in burdened by credit card debt. I support this bill Mr. DINGELL. Mr. Speaker, I rise today in strong support of the Credit Card Holders’ Bill because it requires fair terms for this burden strong support of H.R. 627, the ‘‘Credit Card- of Rights. and it levels the playing field for consumers by holders’ Bill of Rights Act of 2009,’’ a bill of In these unpredictable economic times, as increasing consumer protections. which I am a proud co-sponsor. My friend and American families struggle to pay their bills, Mr. MORAN of Virginia. Mr. Speaker, I rise colleague, Representative CAROLYN MALONEY, the last thing they need is to find an unwel- in strong opposition to the Coburn Amendment who is the bill’s author, has been a tireless ad- come surprise on their monthly credit card to the Credit Cardholders’ Bill of Rights that vocate for protecting consumers from the statement. Since the start of the financial cri- will allow for loaded, concealed weapons to be abuses of the credit card industry. This legisla- sis, my office has been inundated with com- carried in National Parks, ending a long-stand- tion will mandate meaningful reform for an in- plaints about unexpected interest hikes, mys- ing prohibition against the practice. This dustry that has been permitted to run wild for teriously shifting due dates and indecipherable amendment is not germane to the underlying far too long.

VerDate Nov 24 2008 03:14 May 21, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K20MY7.021 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5815 We hear daily of countless Americans, who This bill goes a long way toward removing clusion of consideration of the bill for are struggling to pay their bills. My home state a persistent source of unfairness in the lives of amendment the Committee shall rise and re- of Michigan has an unemployment rate of many Americans. Debt is a part of any econ- port the bill to the House with such amendments as may have been adopted. Any Mem- around 13 percent, the highest in the nation. omy—but it must be treated responsibly, and ber may demand a separate vote in the Compounding this lamentable state of affairs it must be guarded from exploitation. That is House on any amendment adopted in the is the fact that workers in this country have what this bill accomplishes, and I urge my col- Committee of the Whole to the bill or to the suffered a decline in real wages over the past leagues to support it. committee amendment in the nature of a decade. As a result of being stretched to their Ms. PINGREE of Maine. I yield back substitute. The previous question shall be financial breaking point, many families have the balance of my time, and I move the considered as ordered on the bill and amend- had to resort to using credit cards to pay for previous question on the resolution. ments thereto to final passage without inter- unforeseen costs, such as car repairs or The previous question was ordered. vening motion except one motion to recommit with or without instructions. emergency room bills. Far too often, these The SPEAKER pro tempore. The families are subjected to arbitrary interest rate question is on the resolution. The SPEAKER pro tempore. The gen- increases and also forced to pay iniquitous The question was taken; and the tleman from Colorado is recognized for late fees. Speaker pro tempore announced that 1 hour. The Credit Cardholders’ Bill of Rights will the ayes appeared to have it. Mr. POLIS. Mr. Speaker, for the pur- help put an end to these shameful practices Mr. SESSIONS. Mr. Speaker, on that poses of debate only, I yield the cus- and require credit card companies to treat I demand the yeas and nays. tomary 30 minutes to my good friend, consumers fairly. Importantly, this legislation The yeas and nays were ordered. the gentlewoman from North Carolina, will restrict the practice known as ‘‘universal The SPEAKER pro tempore. Pursu- Dr. Foxx. All time yielded during con- default,’’ whereby a credit card company uses ant to clause 8 of rule XX, further pro- sideration of the rule is for debate information about a cardholder’s financial sta- ceedings on this question will be post- only. tus, such a change in his or her credit rating, poned. GENERAL LEAVE Mr. POLIS. Mr. Speaker, I ask unani- to raise the cardholder’s interest rate, even if f the cardholder has not defaulted on payments mous consent that all Members be or made them late. Moreover, H.R. 627 will PROVIDING FOR CONSIDERATION given 5 legislative days in which to re- also ban what is known as ‘‘double cycle bill- OF H.R. 2352, JOB CREATION vise and extend their remarks on House ing,’’ which is the collection of interest on THROUGH ENTREPRENEURSHIP Resolution 457. amounts already paid by consumers to credit ACT OF 2009 The SPEAKER pro tempore. Is there card companies. objection to the request of the gen- Mr. POLIS. Mr. Speaker, by direction tleman from Colorado? In this time of severe recession, I feel it im- of the Committee on Rules, I call up perative that consumers be afforded fair pro- There was no objection. House Resolution 457 and ask for its Mr. POLIS. Mr. Speaker, I yield my- tection from unfair credit card industry prac- immediate consideration. self such time as I may consume. tices. I urge my colleagues to vote in favor of The Clerk read the resolution, as fol- Mr. Speaker, House Resolution 457 this common-sense legislation, which will help lows: provides for consideration of H.R. 2352, stem the tide of unscrupulous and predatory the Job Creation Through Entrepre- lending, interest rate increases, and other de- H. RES. 457 Resolved, That at any time after the adop- neurship Act of 2009, under a structured ceitful practices that have brought our nation rule. The rule provides 1 hour of gen- to an economic precipice of gargantuan pro- tion of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the eral debate controlled by the Com- portions. House resolved into the Committee of the mittee on Small Business. Mr. HOYER. Mr. Speaker, first, I want to Whole House on the state of the Union for The rule makes in order nine amend- thank Representative MALONEY, who spon- consideration of the bill (H.R. 2352) to amend ments which are listed in the Rules sored the House companion of this bill, and the Small Business Act, and for other pur- Committee report accompanying the who has a tireless advocate of credit card re- poses. The first reading of the bill shall be resolution. Each amendment is debat- dispensed with. All points of order against form. able for 10 minutes, except the man- If this recession has brought home to us consideration of the bill are waived except ager’s amendment which is debatable one important truth, it is the danger of debt. those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill for 20 minutes. Americans from homeowners to bankers took The rule also provides one motion to on risks and debts they could not afford, and and shall not exceed one hour equally divided and controlled by the chair and rank- recommit with or without instructions. the result was a crisis that touched every one ing minority member of the Committee on Mr. Speaker, I rise in support of of us. I don’t think the lesson is one we will Small Business. After general debate the bill House Resolution 457 and the under- soon forget. But nearly as harmful are those shall be considered for amendment under the lying bill, the Job Creation Through who take advantage of our debt—and in that five-minute rule. It shall be in order to con- Entrepreneurship Act of 2009. I’d like sider as an original bill for the purpose of category, unfortunately, go many of America’s to thank Chairwoman VELA´ ZQUEZ, as credit card companies. No one doubts that amendment under the five-minute rule the amendment in the nature of a substitute rec- well as my friend from North Carolina credit cards have become an essential part of (Mr. SHULER) and my colleagues on the our consumer economy; no one doubts that ommended by the Committee on Small Busi- ness now printed in the bill. The committee Small Business Committee for their millions of Americans use their credit cards re- amendment in the nature of a substitute strong leadership in bringing this legis- sponsibly every day, and pay their bills every shall be considered as read. All points of lation to the floor. month. But even for those responsible card- order against the committee amendment in Mr. Speaker, this bill represents a holders, credit card policies have often been the nature of a substitute are waived except giant step forward in ensuring a bright incomprehensible and exploitative. those arising under clause 10 of rule XXI. future for all Americans who are strug- The Credit Card Accountability, Responsi- Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in gling to establish or grow their own bility, and Disclosure Act takes important steps businesses. It will bring hope to our to bring those harmful policies under control, the nature of a substitute shall be in order except those printed in the report of the veterans as they return home and en- ensuring that responsible cardholders are Committee on Rules accompanying this res- couragement to billions of Americans treated fairly. Among its provisions, this bill olution. Each such amendment may be of- who haven’t always had equal access to prevents arbitrary and unfair rate increases, fered only in the order printed in the report, the necessary tools to start a business. which, under current policies, can kick in even may be offered only by a Member designated for cardholders who pay their balances in full. in the report, shall be considered as read, b 1115 It bans exorbitant and unnecessary fees, in- shall be debatable for the time specified in Fittingly, this legislation is on the cluding fees charged just for paying your bill. the report equally divided and controlled by floor of the House of Representatives It prohibits card companies from charging in- the proponent and an opponent, shall not be during National Small Business Week. subject to amendment, and shall not be sub- It capitalizes on untapped resources in terest on debt that is paid on time, a practice ject to a demand for division of the question known as double-cycle billing. And it insists in the House or in the Committee of the the business community by expanding that card companies disclose their policies Whole. All points of order against such access to business counseling, training clearly and openly to cardholders, and notify amendments are waived except those arising and networking to small business own- them when those policies have changed. under clause 9 or 10 of rule XXI. At the con- ers everywhere, including underserved

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.040 H20MYPT1 jbell on PROD1PC69 with HOUSE H5816 CONGRESSIONAL RECORD — HOUSE May 20, 2009 populations such as women, veterans Ms. FOXX. Mr. Speaker, I thank my I also don’t understand, again, why and Native Americans to help ensure colleague for yielding time, and I will this bill has been scheduled in a get- all of our prosperity. yield myself such time as I may conaway week, when, again, with a process This legislation will help women gain sume. that is not as open as it could have access to jobs by requiring the women’s Mr. Speaker, I have read this bill been, in a noncontroversial bill, where business centers to describe their job very, very carefully. It’s a bipartisan we could have discussed it and perhaps placement strategies for the area in bill supported by some of my col- amended it and come up with a way to their annual plans. Too often women leagues on this side. I think that the really help small businesses. are denied access to jobs in high-pay- intent of the bill is very positive. I So, Mr. Speaker, I’m going to urge ing, high-growth sectors. Promoting know the folks who are interested in my side of the aisle to vote ‘‘no’’ on the gender equity is critical for ensuring this bill and know that they have the rule, and we’ll discuss more reasons that all workers benefit from the job best intentions. why as we go along during this debate. creation that our economic recovery But I want to say that I think that, I reserve the balance of my time. plan spurs, as well as our other poli- as a former small business person, and Mr. POLIS. Mr. Speaker, I believe my cies. someone who has administered pro- good friend on the other side of the This bipartisan bill, which was voice grams such as these through my work aisle said that this was a closed rule. voted out of the Small Business Com- as a former community college presi- This is actually a structured rule that mittee, represents what we can accom- dent, a university administrator, and allows for nine amendments that have plish when Republicans and Democrats having been on a school board and been made in order. A number of others work together. While there are many dealt with agencies that operate these have been withdrawn and incorporated ideological and political differences on kinds of programs, I want to say that I into the manager’s amendment. how to address the economic crisis, have some concerns about this bill and She also mentioned that she wished this bill is a product of consensus. about the rule. that there was more opportunity to There’s nothing more American than I am concerned that because this was amend this bill. I would just remind small business. This bill is a combina- a bipartisan bill, that we have a closed my colleagues that there were only tion of seven bills approved in sub- rule on this. I think that it would have three amendments that were offered committee, five of which were au- been a great opportunity for the major- from the other side of the aisle. Cer- thored by my colleagues on the other ity to have given an opportunity for us tainly, we would have encouraged and side of the aisle, and I’m especially to offer a lot of amendments to the liked more. Of those three, two were pleased to report that my friends on bill, have a great deal of discussion on nongermane and one, according to the both sides of the aisle support this im- it. And I’m very concerned about the Parliamentarian, of those was a viola- portant effort. process, again, because we haven’t gone tion of PAYGO. The other will, in fact, According to the Small Business Ad- through a process that I think would be ruled in order. ministration, small firms represent 99.7 have been fair to our side of the aisle. Certainly, we always appreciate sug- percent of all employer firms, employ- However, I also want to say that I gestions from all perspectives about ing half of all private sector employ- think that, while this bill has a great how to improve these bills, and hope- ees. As the unemployment rate climbs, title, and the intent is a good intent, fully we will have many more ideas these small businesses have managed that what small businesses, the engine that are offered on legislation going to create 60 to 80 percent of the new of our economy, need are things that forward. jobs that were created annually over are different from this bill. This bill expands support for vet- the last decade. It’s our responsibility We’re going to have many different erans who are working to establish to create an environment where small programs in here. As I said, I went their own businesses, particularly at business can thrive and continue to through the bill very, very carefully. I this time of war for our country and as produce half of our non-farm GDP. looked for ways that it’s really going we phase out of our involvement in This bill will spur job creation and to create jobs, and I can’t see the kind Iraq and many men and women return economic growth by expanding re- of accountability that I was hoping to home to an economy that is difficult to sources and providing technical assist- see in the bill and as we talked about find a job in. ance to small businesses. Small busi- yesterday in the Rules Committee. Our men and women in uniform who ness is the engine that drives our econ- We’re going to be creating, I think, a have made immeasurable sacrifices omy, especially during tough economic lot of jobs for bureaucrats; but it’s very should have the opportunity and assist- times. difficult, again, to see how we’re going ance they need to start a business. Our Unemployment continues to rise, to create jobs in the small business troops need to know that when they re- currently at 8.6 percent nationally and arena. And I think that we come from turn from harm’s way, there is a net- 7.9 percent in my home State of Colo- two different world views in terms of work of job support and business re- rado. People often turn to starting how we approach this kind of an issue. sources waiting for them when they their own small businesses when they We know that people are hurting in come home. become unemployed. These businesses this country. We know that many jobs By directing the administrator of the are frequently the sole source of in- have been lost, and we’d like to see Small Business Administration to es- come for many American families. This those jobs recovered. And we know tablish a Veterans Business Centers legislation will help these entre- that at least half of the jobs in this program, this bill will provide entrepreneurs gain the skill required to sus- country are in small businesses. And I preneurial training and counseling to tain and grow their businesses and suc- talk to those people every day, and veterans. This training will empower ceed. they tell me they’re struggling, they’re veterans who participate in the pro- A recent report released by the Small spending down their savings, the indi- gram to achieve access to capital and Business Administration reveals that viduals are spending down their sav- start their own businesses, helping to the economic recession continued to ings. They’re doing everything they rebuild our economy. deepen in the first quarter of 2009. Real can to stay in business. The SBA will provide small business GDP fell by 6.1 percent. Small business I talked to a gentleman this morning grants through these Veterans Busi- owners, consumers and the public at who had geared up in anticipation of ness Centers which alleviates a major large remain pessimistic. Poor sales receiving stimulus money to repair hurdle to many new businesses, access and access to credit have crippled roads and bridges in North Carolina, to capital. This bill puts specific em- many American businesses. With this and he doesn’t understand why none of phasis on service-disabled veteran- legislation we can help reverse this that money is coming down the pike. owned small businesses. We owe a spe- negative trend and give entrepreneurs So, again, people in small business cial duty to our wounded warriors, es- the tools they need to succeed and em- are struggling, and they want to do pecially those whose reentry into the brace growth opportunity for all Amer- something to keep their people em- work force could otherwise be difficult. icans in the future. ployed. I just don’t believe that this This legislation presents an oppor- I reserve the balance of my time. bill is going to do it. tunity to fund efficient growth in a

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.025 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5817 sector that reaches everyday Ameri- corrected by our colleagues on the Committee as unimportant when all of cans. Every dollar invested in these in- other side of the aisle, saying, no, this these entities have stepped forward and centives and initiatives returns $2.87 to is not an important issue to small busi- have said, No, no, no. This is vital. the economy, and in 2008 alone, the nesses; that it’s not one of their top This is not unimportant. This is vital, SBA’s entrepreneurial development issues. But we know that it is. And and it ought not be swatted away. It program helped generate 73,000 new there’s a lot of research to show that. ought just not be said that we’re not jobs and infused $7.2 billion into the I will talk some more again about going to allow a roll call vote on this economy. Let me repeat that: 73,000 the facts that we have about what and that the only way you’re going to new jobs at a time when we’re hem- small businesses would like to see us be able to raise this issue is to sort of orrhaging 32,000 jobs a month and we do. scrap along and bring it up in a rules all dread the release of the next unem- Before I do that, I’d like to yield as debate. The House is going to be com- ployment report. much time as he may consume to my pletely silent? Think about the signal Job creation is vital to our economic distinguished colleague from Illinois, that that sends to the small business recovery. It’s during these tough eco- Mr. ROSKAM. person. Think about the signal that that sends to the entrepreneur. Think nomic times that more and more b 1130 Americans are starting small busi- about the signal that this Congress is nesses. In fact, the majority of Ameri- Mr. ROSKAM. Thank you. I thank sending to the self-employed. It is cans’ first job is at a small business. As the gentlewoman for yielding. sending a signal that says there is no our economy bounces back, Americans You know, I offered an amendment to predictability into the future based on returning to work will find that it is a the Job Creation Through Entrepre- what this Congress is going to do. small business community in which neurship Act, H.R. 2352, and it’s one of I would suggest that we are in an they will find their next opportunities. those bill titles that is sort of inargu- economic situation the likes of which I reserve the balance of my time. able. Who can simply be against job none of us have ever seen before. We’re Ms. FOXX. Mr. Speaker, I thank my creation through entrepreneurship? in an economic situation the likes of colleague for correcting my Nobody. So I put forth an amendment which no generation has really ever misstatement about the rule. And I’m to bring some predictability to this en- seen before, and the pace of change is curious about the number of new jobs tire debate that we’re having or, frank- moving so quickly that it’s very dif- that the Small Business Administra- ly, that we’re not having about the ficult for folks to get their arms and tion is said to have created in the past. death tax, because the death tax, as their heads around it. The Rules Com- I’m very curious to know how much you know, is a crushing tax. It’s a tax mittee had an opportunity to say, each of those 73,000 new jobs cost us, that is imposed on success that has Look, once and for all, let’s get this because we know that in much of the been created many times through gen- done. Once and for all, let’s get this legislation that has been passed this erations who have worked, who, iron- death tax repealed off the books. Take year, there has been a great cost to the ically, have paid taxes on their busi- away the ambiguity so that people know what they’re doing in the future. jobs. And, yesterday, in the debate in nesses and who are looking for some It is said that up to $25,000 a year is the Rules Committee, everybody sense of predictability into the future. What is happening, coming from this spent by small businesses, on average, agreed that there has been very little just for attorneys and for consultant accountability and evaluation on the Congress, is sort of an orthodoxy that has developed that says we’re going to fees in order to figure out how it is part of the Small Business Administra- that they need to arrange assets, to put tion in terms of the effect of the Small sort of make it up as we go along. Here we have the Energy and Commerce it in different places and to title it in Business Administration in terms of certain ways so that they can best get pinning down numbers. Committee that has been dealing with foisting another tax burden. The chair- the advantage for their families. For a We know, by the Small Business Ad- Congress that has come along and has ministration, that small businesses man of the Ways and Means Committee characterized this—and I’m para- sort of given lip service to small busi- employ about half of U.S. workers. Of ness and has given lip service to entre- phrasing—as a tax that is the cap-and- 116.3 million nonfarm private sectors in preneurship—I mean think about it. tax initiative. There is no other way to 2005, small firms with fewer than 500 This is the bill title that we’re talking describe it. Yet here was this simple workers employed 58.6 million, and about right now: Job Creation Through amendment that would have repealed large firms employed 57.7 million. Entrepreneurship Act. I mean, hey, the death tax and that would have Firms with fewer than 20 employees fabulous little language, but you know brought some predictability into it. employed 21.3 million. And what we what? If you want to create jobs, if you Just on a party vote, it was sort of know, from talking to these people, is want to create opportunity, if you swatted aside. I’m told by listening that what concerns them is not so want to help entrepreneurs, the way to this morning that it was characterized much that we have the government out do that, in part, is to repeal the death there saying, we’re from Washington as unimportant. Well, I’ll tell you tax. and we’re here to help you, but there what. For companies in my district, for So I am really disappointed that the are very specific things that small small businesses in the suburbs of Chi- majority on the Rules Committee was businesses tell us that they would like. cago, the death tax is not an unimpor- just entirely dismissive of it, was sort Let me talk a minute about the tant issue. Let me just highlight a cou- of plugging their procedural ears, and death tax, for example. We all know ple of the entities that are in favor of was unwilling to offer the opportunity that the voice of small business on the death tax repeal: to simply have a debate in the people’s Capitol Hill is NFIB, and NFIB has The U.S. Chamber of Commerce; the House about the death tax. been talking for a long time about the National Federation of Independent What is it that is so unpleasant. permanent death tax repeal. They did a Business, which the gentlelady ref- What is it that is so difficult? What is member ballot recently, and 89 percent erenced a minute ago; the National As- it politically that folks are gun shy to of small business owners said they sociation of Manufacturers; the Na- take this issue up? Do you know what want full repeal of the death tax. tional Small Business Association; the it is? It is the clarity with which this Opponents of permanently repealing National Association of Realtors; the S issue speaks throughout the entire the death tax claim eliminating this Corporation Association of America; country, and I think that this Congress tax will do nothing to stimulate eco- the Association of Equipment Manufac- has missed a golden opportunity. It is nomic growth. But we know that the turers. We know dozens and dozens, if with deep regret that I stand in opposi- studies that have been done tell a very, not hundreds and if not thousands, of tion to this rule. very different story. small companies, entrepreneurs, and Mr. POLIS. You know, I feel that the Yet, our colleagues across the aisle self-employed folks who understand five members from the other side of the are adamantly opposed to eliminating fundamentally how important this aisle and the two from our side of the the death tax. Yesterday, in the Rules issue is. aisle whose bills went into the bill Committee, my colleague, Mr. SES- So it shouldn’t be characterized in would not like their efforts character- SIONS, talked about this, and he was sort of the inner sanctum of the Rules ized as merely ‘‘lip service to small

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.026 H20MYPT1 jbell on PROD1PC69 with HOUSE H5818 CONGRESSIONAL RECORD — HOUSE May 20, 2009 business.’’ This bill provides tangible would increase the probability of hir- the world are we allowing this ambi- tools to the Small Business Adminis- ing by 8.6 percent. We would increase guity? They don’t know if they’re afoot tration in helping entrepreneurs start payrolls by 2.6 percent. We would ex- or on horseback on this thing, and it’s small businesses. pand investments by 3 percent. We not fair. With regard to taxation issues, we would create 1.5 million additional You know what? This Congress can have a Ways and Means Committee. We small business jobs. We would slash the do something about it. This Congress have a process for discussing those current jobless rate by almost 1 per- can create predictability. If it chooses bills. It was the ruling of the Parlia- cent—0.9 percent. to, this Congress can say to that small mentarian that it was not germane to So, again, there is a different world business owner and to that family who this bill, in fact, quite to the contrary view here. The world view of the major- has created through work and risk and of what my friends on the other side of ity is the government is going to do toil, Look, we’re not going to come the aisle said. I recall a comment from this. The world view of our side is through here with a confiscatory tax a member on the Rules Committee that allow the people to keep more of their that takes from one generation to an- this was an important issue, one that money. They will create the jobs. It other. You know, we’ve seen enough was worthy of discussion, but of course, will be a minuscule number of people generational theft, frankly, that has again, it was not germane to this par- who would ever use the resources that come through this Congress, where one ticular bill that’s before us today. I’m are going to be created with this bill. generation has piled on debt, upon confident that this is a discussion we’ll Again, the intent is good. Nobody is debt, upon debt, upon debt on our chil- continue to have with regard to the in- discounting the good intentions of the dren. It is, frankly, irresponsible. heritance tax and with taxation in gen- authors of this bill. However, we could From George Washington to George eral, but this is simply not germane to do a lot more by not creating more bu- W. Bush, we’ve seen how it took 43 the matter of this bill. reaucracy, by not taking more money American Presidents, Mr. Speaker, to Let me put a human face on what the from the people of this country and create $5.1 trillion in debt. Yet, with Small Business Administration does then having the government deciding this majority and with this administra- and how they help people. I had the op- how to spend it. tion, doubling that amount in 5 years portunity to speak yesterday to the With that, Mr. Speaker, I would like and tripling that amount of money in head of the Boulder Small Business De- to yield such time as he may consume, 10 years is simply staggering. velopment Center in my district of Col- again, to my colleague from Illinois, Here we have a simple amendment orado. She told me this story of a Mr. ROSKAM. that the Rules Committee sort of looks young woman who had just graduated Mr. ROSKAM. Thank you. I thank at and says, Oh, no, no, no, no, no. from college. She had broken her arm, the gentlewoman for yielding. We’re not interested. It’s not impor- and she had a cast for her arm. She Briefly, in response to the gentleman tant. decorated her cast with cast tattoos, from Colorado, he raised two inter- Not important? Not important to the and her friends all commented, I want esting points. They were procedural folks in my district? Not important to some of those. Those look terrific. The points largely, and I would just like to the businesses and to the entrepreneurs word spread about these cast tattoos. speak to them. As I recall, one was ger- in suburban Chicago? Not important? This young woman approached the maneness and the other one was It’s vitally important. This Rules Com- SBA and was given the know-how she PAYGO. mittee needs to do better. This Rules needed to be able to start a business I think it’s disappointing that the Committee needs to be bringing things based on those cast tattoos. Well, she Rules Committee majority decides to to the floor that create prosperity and has created two jobs today directly, impose these standards on certain bills that create opportunity. not to mention the indirect jobs she and then decides to ignore these stand- With all due respect to this bill—and has created through the manufacturing ards on certain bills. To act as if the I’m sure it’s a fine bill—you know process. She now sells those cast tat- majority is as pure as the wind-driven what? It falls short of what the possi- toos in several States and continues to snow on PAYGO is a mischaracter- bilities are, because when something is grow her business amidst this time of ization of past conduct. This is a ma- so important as the predictability of general economic uncertainty. jority that has run roughshod over its the repeal of the death tax and it is H.R. 2352 is the opportunity to fund own rules in the past. So, on the simply swatted away—just sort of all efficient growth in a sector that PAYGO side, people in my district the Democrats ‘‘yes’’ or all the Demo- reaches every American on Main would characterize that as ‘‘spare me.’’ crats ‘‘no’’ and all the Republicans Street. It helps us reach entrepreneurs Now, on the germaneness, here we ‘‘yes’’ and that’s the amount of discus- who previously didn’t have access to look at the rule, and the rule in para- sion it gets—then, frankly, it’s not capital, access to information, and it graph 5 waives all points of order good enough. It’s not good enough for provides new multilingual, online dis- against the amendment in the nature the constituents whom I represent, tance training and access to specialists of a substitute, et cetera, et cetera, et who are deeply disappointed by the who can help with financial literacy. cetera. In other words, the rule, by dec- way in which this rule has come about. By combining some of the best ideas laration, can take care of the germane- The underlying bill could be fabulous, from both sides of the aisle, in a bipar- ness issue. So let’s not hide behind pro- but you know what? This rule is deeply tisan way, we can help move American cedure here. Let’s not hide behind a disappointing, and I urge opposition to small business forward, which will help rule book that the majority has been it. this country recover from the recession very, very willing to cast aside in the Mr. POLIS. Thank you, Mr. Speaker. that we’re in. past to advance its own agenda. There are many things that this bill I reserve the balance of my time. Instead, why don’t we come together. is not, and I fail to find those solid Ms. FOXX. Thank you, Mr. Speaker. Why don’t we come together and say, grounds for opposition. This bill is not I appreciate very much the com- You know what? Let’s do something a cure for cancer. This bill is not a cut ments by my colleague, but I want to that we absolutely know is going to in capital gains. This bill is not about say again, going back to my comments help small businesses. Let’s do some- abolishing the inheritance tax. There that my colleague from Illinois made thing that we absolutely know is going are many things that many of us would about the title of this bill, Job Cre- to help the self-employed, that we ab- like to do that are not in this par- ation Through Entrepreneurship Act, if solutely know is going to help the en- ticular bill. Rather, let us discuss the what we really are about here is job trepreneur, because if you’re inter- merits of this bill in helping our vet- creation, then we would be embracing acting with those folks across the erans, in helping the handicapped, and Mr. ROSKAM’s amendment because we country who are really the ones who we in helping the unemployed to create know, from a study done by Dr. Doug- all give lip service to, who are really small businesses, to create value, and las Holtz-Eakin and Cameron Smith, the ones to whom we all say, Well, this to create jobs in the economy. these numbers: Repealing the Federal is the group that creates jobs, then I would like to yield such time as she estate tax would increase small busi- why in the world are we putting this may consume to the gentlewoman from ness capital by over $1.6 trillion. We albatross around their necks? Why in Arizona (Ms. GIFFORDS).

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.028 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5819 Ms. GIFFORDS. Thank you, Mr. don’t know how many people are actu- know that, in many cases, people will Speaker. ally going to be served. But, as my col- simply take those days whether they’re I’m glad that during this period of league from Illinois, Mr. ROSKAM, said, sick or not, then we will shut down our economic downturn we are ensuring we know how much would be accom- business. that we are doing everything we can to plished by eliminating the estate tax. So this Congress is acting over and support our small businesses. We need And let me talk a little bit more about over and over again to kill small busi- to protect those taxpayers. We need to that. nesses, and they offer us a very small make sure that the backbone of the We know that if the owner of a small bill here, as my colleague again said, country stays intact. business with assets of $3 million that sounds wonderful. However, what b 1145 passed away this year, the heirs of the it’s going to do is be out there as an estate would have to pay Federal es- idea that will help small businesses, I think it’s also pertinent that this tate taxes of about $460,000. Why? but they’re going to ignore all of the week we’re recognizing National Small They’ve have already paid taxes on things that prove they will help small Business Week and celebrating the that money twice—and they’re going businesses. great efforts of American small busi- to be paying again. Why? Just because With that, Mr. Speaker, I reserve the nesses and everything that they’re the Federal Government says so. balance of my time. doing right now to survive this eco- Now the May, 2006, Joint Economic Mr. POLIS. I yield myself such time nomic downturn. as I may consume. Again, there are For a second, I’d like to mention a Committee Study has told us that a primary reason why small businesses many things that our country can do small business in my district, AGM in for small business. When we talk about Tucson, which last week was named by fail to survive beyond one generation is the estate tax. Close to two-thirds of taxes, of course predictability in the the U.S. Chamber of Commerce the inheritance tax rate would be a good Small Business of the Year for 2009. respondents—64 percent—in one survey reported that the estate tax makes sur- thing, and I hope we work towards that This is a Tucson-based manufacturer end. that is a leader in demonstrating intel- vival of the business more difficult. Eighty-seven percent of black-owned We talk about the corporate income ligent business judgment and showing tax rate. There’s evidence that we a true commitment to its employees firms and 93 percent of manufacturing firms responded that the estate tax was might be higher than many other coun- and to its customers. tries in the world and, for that reason, an impediment to survival. Arizona is a unique State. We have a many companies may be locating off- lot of entrepreneurs, minority-owned A survey of family business owners by Prince and Associates found that 98 shore. Maybe we need to reduce that. businesses, and women-owned busi- These are all very, very important percent of heirs cited a need to raise nesses. Altogether, there are about discussions. We need to look at the rev- funds to pay estate taxes, when asked 100,000 small businesses that represent enue impact, we need to look at the why family businesses fail. over 95 percent of the States’ employ- benefit, we need to look at how it af- If only a small percentage of the ers who, like AGM, are making vital fects American business. Business 550,000 small businesses that fail annu- contributions to our local economy. needs to be a part of that. Before I got involved with politics, I ally are attributable to the estate That’s wonderful that my good friend was the President and CEO of my fam- taxes, the cumulative number affected on the other side of the aisle cited the ily’s small tire and automotive com- over time could be substantial. interest in the inheritance tax issue for pany. I know exactly how hard it is to In the context of the survey and tax many affiliations and small businesses. compete in this day and age. data described here, it’s easy to see That’s a very important discussion to Small businesses are looking for the how the estate tax has contributed to have. But none of that should stand in tools and resources that they need to the failure of thousands of small and the way of the important work of the operate and grow during this tough family-run businesses. Small Business Administration in giv- economic climate. That is why I’m sup- A 2004 survey of Hispanic business ing entrepreneurs the tools that they porting H.R. 2352, the Job Creation owners by the Impacto Group, 66 per- need to succeed. They’re in these very Through Entrepreneurship Act. This cent of respondents said the estate tax difficult economic times. bill will reauthorize and modernize the affects their ability to meet company Yesterday, I had the chance to talk SBA’s entrepreneurial development goals by distracting their attention to Sharon King at the Boulder Small programs. It’s going to foster veterans’ and wasting resources. Half of all re- Business Development Center in my business opportunities and spur job spondents in that survey report know- district. They offer a number of pro- creation and economic growth. ing of a Hispanic small business that grams that would benefit tremendously I urge my colleagues on both sides of has experienced hardship because of from this legislation. They feel that the aisle to support this legislation and the estate tax liability, including sell- the ability of the SBA to help small help foster American competitiveness. ing off equipment or the business. One- businesses has atrophied considerably Ms. FOXX. I yield myself such time quarter of respondents said they them- under the Bush administration. as I may consume. Again, I want to say selves would sell part of the business to This bill will help restore their abil- that I know that the motivation be- pay the tax, and 10 percent would delay ity to help give Americans the tools hind this bill is good, but we know not expansion of the business. they need to start their businesses at a how many jobs are going to be created. So we know, again, that by getting time when demand is higher than ever. We know not how many people are rid of the estate tax, we would be sav- Not only do existing small businesses going to be assisted by this bill, being thousands of small businesses, cre- need help in accessing credit, which is cause there is nothing in the bill that ating millions of jobs. And it is ger- becoming ever more difficult, but more directs that. It’s only after 8 years that mane to this bill. and more Americans are unemployed, there will be any accountability for the Another issue that is of great con- which gives them the opportunity to money being spent in this bill. cern to small businesses—and I talked maybe start their own business, to I was encouraged yesterday when my to a lady this week about it. She had start their own ability to earn money colleagues acknowledged the fact that read about the required paid sick leave because they lack another job. we’ve had no accountability by the bill that is before the Congress right I’d like to reserve the balance of my Small Business Administration for how now. And she said, I’m struggling. She time. they spend the money. And I thought, said, I have been paying my salaries of Ms. FOXX. I yield myself such time Well, we’re going to have some great my employees out of my savings. If as I may consume. I want to just men- accountability in this bill. But when I this bill goes through, we will have to tion one more issue that comes to me read the bill very carefully, I saw that shut down because we can’t afford all the time, and I know it has to be it’s only after 8 years that performance this—we already give some sick leave. coming to other Members of Congress standards are going to be established And we’re certainly very good to our as they talk to small business owners for the projects to get this money. employees. They can use their vacation and even large business owners, and We have no idea how much money is for sick leave. But if we’re mandated to that has to do with the issue of regula- going to be spent in administration. We do 7 days of paid sick leave, and we tions.

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.052 H20MYPT1 jbell on PROD1PC69 with HOUSE H5820 CONGRESSIONAL RECORD — HOUSE May 20, 2009 There’s a study entitled: ‘‘Ten Thou- In addition to those tax cuts, the amendment is about jobs. So I will ask sand Commandments: An Annual Snap- American Recovery and Reinvestment people to defeat the previous question. shot of the Federal Regulatory State,’’ Act also generated $21 billion in new I also ask unanimous consent to have which is issued by the Competitive En- lending and investment for small busi- the text of the amendment and extra- terprise Institute. And just a few sta- nesses; provided direct interest-free neous materials printed in the CON- tistics about it because, again, we loans of $35,000; and makes loans less GRESSIONAL RECORD just prior to the could be dealing with some issues that expensive for small business borrowers vote on the previous question. would reduce the role of regulations in by eliminating fees that were normally The SPEAKER pro tempore (Mr. PAS- the lives of small business owners. built into SBA-backed loans. TOR of Arizona). Is there objection to I want to bring that up because this In the American Recovery and Rein- the request of the gentlewoman from is a third point I think that hurts our vestment Act, we increased to 90 per- North Carolina? small businesses tremendously. Given cent the amount of an SBA-backed There was no objection. that in 2007 government spending stood loan that the government guarantees, Ms. FOXX. Thank you, Mr. Speaker. at $2.73 trillion, the hidden tax of regu- making it easier for small businesses The main point of the amendment is lation now approaches half the level of to get loans from local banks. We also to give SBA loans to the dealers to Federal spending itself. Regulatory unclogged the market for SBA-backed help them buy their own inventory costs rival estimated 2007 individual in- loans to help gain access to credit, to since they’re on the hook for the cost come taxes of $1.17 trillion. our markets. of their inventory since the manufac- Of the 3,882 regulations now in the In every area of our country, small works, 757 affect small businesses. Reg- turers are going under. It is short and businesses continue to encounter the sweet. It’s a take it or leave it or build ulatory costs of $1.16 trillion absorb 8.5 same difficulties. They’re having dif- percent of U.S. gross domestic product. on it. It would waive PAYGO. They ficulty borrowing money and face sig- waived PAYGO to bail out the manu- Regulations dwarf the $150 billion nificant difficulty raising capital from economic stimulus package passed in facturers, but they don’t want to waive equity and other sources. Until these 2008, and rolling back these would con- PAYGO to help out the dealers when problems are addressed, our economic stitute a deregulatory stimulus. the manufacturing plan fails. So I would like to urge my colleagues recovery will be slowed. With that, I yield back the balance of Fortunately, with this bill and the on the other side to let us look at this my time. issue of regulatory costs and look at American Recovery and Reinvestment Mr. POLIS. In talking to the Boulder ways that we can do this. Act, the Congress and the President Small Business Development Center I’ve introduced a bill that would re- can continue to make important yesterday in my district in Colorado, quire more transparency in the cost of strides to remove these barriers to they told me about the seminars that regulations, both to government and to small business growth and help small they have in gaining access to contract the private sector. If we really want to business succeed in leading this recov- decision-makers, consulting, the semi- help small businesses, then I think ery. nars they do to help train minority- I reserve the balance of my time. that that’s something that we should owned businesses. Our local center also Ms. FOXX. I yield myself such time be doing. It’s H.R. 2255, Unfunded Man- offers scaling up, which teaches entre- as I may consume. I appreciate my col- dates Information and Transparency preneurs how to gain access to capital league for pointing out some of the Act. I’d like to work with my col- and grants. Finally, they’re working on good things that the majority has tried leagues on this and other issues where a turnaround program for downtown to do. But I have to tell you that not we really could help small businesses. Boulder businesses, helping retailers one single person has come to me to Again, I know the intent of the un- and restaurants. Like many commu- tell me that he or she has benefited derlying bill to this rule today is well- nities across our country, our vacancy from any of these things that have intentioned, but I believe that we have rate has increased, and many retail passed. To the contrary. They come to many other ways that don’t cost any businesses are having trouble in this me and tell me how they try and try to money to help small businesses. recessionary environment. Without the get assistance—and can’t get assist- I reserve the balance of my time. resources that are made available by Mr. POLIS. I yield myself such time ance. this bill, the Boulder Small Business as I may consume. If we’re talking Of course, I think these small Development Center, along with many about things we can do to help small amounts of tax credits are being offset other centers around the country, will businesses that are not in this bill, let by the tremendous burden that we are be forced to cut programs and training. me add a number of others that we putting on the people of this country The 21st century will demand innova- have already accomplished. by increased taxes, not the least of tive small businesses stay up to date I’d like to remind my colleagues on which is the cap-and-tax bill that is on groundbreaking technologies. the other side of the aisle every single passing, which is going to put a min- H.R. 2352 includes a green entrepre- Republican Member voted against the imum of $3,000 a year increased tax neurial development program to pro- American Recovery and Reinvestment burden on every family in this country, vide education classes and instruction Act, which included $15 billion of tax as well as several other things that are in starting a business in the fields of cuts for American small businesses, incoming down the pike. cluding increasing section 179 expens- Mr. Speaker, I will be asking Mem- energy efficiency and green or clean ing limits to let small business owners bers to defeat not only the rule but tech. This, at its core, is a training fully depreciate capital purchases for also the previous question so that I program that’s important for the fu- items likes trucks, computers, and might amend the rule to make in order ture of America. With the right train- other equipment in the same year it the amendment offered by Representa- ing and access to the right resources, the sky is the limit for America’s en- was purchased. tive TERRY of Nebraska, which would We also extended the carryback pe- amend the Small Business Act’s loan trepreneurs. riod for net operating losses, helping program to allow qualified struggling So much of our work so far in this many small businesses in America use car dealers to apply for Small Business Congress has moved us in the direction their losses from years past, from 2 Administration loans. of creating more jobs, passing the years to 5 years. We also delayed the 3 budget, work on health care, clean en- percent withholding tax on payments b 1200 ergy, education, the Recovery Act, the to government contractors. Many American car dealers are small green schools bills, the Water Quality We also provided relief for the alter- businessmen and women who have been Investment Act. This important bill for native minimum tax, which hit tens of left literally holding the bag by the the Small Business Administration is thousands of American small business corporate carmakers. If this bill is another step on the road to recovery. owners. We also established tax credits truly meant to assist small business I urge a ‘‘yes’’ vote on the previous for small businesses that hired recently owners, this amendment would prove question and on the rule. discharged veterans and out-of-work extraordinarily timely. This amend- The material previously referred to youth. ment is about small business. This by Ms. FOXX is as follows:

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AMENDMENT TO H. RES. 457 OFFERED BY MS. opposition rose to a parliamentary inquiry, American families. This ignores that much FOXX OF NORTH CAROLINA asking who was entitled to recognition. of the long-term saving and small business After ‘‘except those printed in the report of Speaker Joseph G. Cannon (R–Illinois) said: investment in America is motivated by the the Committee on Rules accompanying this ‘‘The previous question having been refused, ability to pass on wealth to the next genera- resolution’’ insert ‘‘or contained in section 3 the gentleman from New York, Mr. Fitz- tion. of this resolution’’. gerald, who had asked the gentleman to The importance of intergenerational After ‘‘shall not be subject to a demand for yield to him for an amendment, is entitled to wealth transfers was first measured in a Na- division of the question in the House or in the first recognition.’’ tional Bureau of Economic Research study in the Committee of the Whole’’ insert ‘‘, ex- Because the vote today may look bad for 1980. That study looked at wealth and sav- cept as provided in section 2’’. the Democratic majority they will say ‘‘the ings over the first three-quarters of the 20th At the end of the resolution, insert the fol- vote on the previous question is simply a century and found that ‘‘intergenerational lowing new sections: vote on whether to proceed to an immediate transfers account for the vast majority of SEC. 2. The amendment printed in section vote on adopting the resolution . . . [and] aggregate U.S. capital formation,’’ The co- 3, if offered by Mr. Terry of Nebraska or his has no substantive legislative or policy im- author of that study was . . . Lawrence Sum- designee, shall be debatable for 10 minutes plications whatsoever.’’ But that is not what mers. equally divided and controlled by the pro- they have always said. Listen to the defini- Many economists had previously believed ponent and opponent. All points of order tion of the previous question used in the in ‘‘the life-cycle theory’’ of savings, which against such amendment are waived. Floor Procedures Manual published by the postulates that workers are motivated to save with a goal of spending it down to zero SEC. 3. The text of the amendment is as fol- Rules Committee in the 109th Congress, lows: (page 56). Here’s how the Rules Committee in retirement. Mr. Summers and coauthor Page 50, after line 16, add the following described the rule using information from Laurence Kotlikoff showed that patterns of new title: Congressional Quarterly’s ‘‘American Con- savings don’t validate that model; they gressional Dictionary’’: ‘‘If the previous found that between 41% and 66% of capital TITLE VIII—ASSISTANCE TO MOTOR question is defeated, control of debate shifts stock was transferred either by bequests at VEHICLE DEALERS to the leading opposition member (usually death or through trusts and lifetime gifts. A SEC. 801. ASSISTANCE TO MOTOR VEHICLE DEAL- the minority Floor Manager) who then man- major motivation for saving and building ERS. ages an hour of debate and may offer a ger- businesses is to pass assets on so children Section 7(a) of the Small Business Act (15 mane amendment to the pending business.’’ and grandchildren have a better life. U.S.C. 636(a)) is amended— Deschler’s Procedure in the U.S. House of What all this means is that the higher the (1) by redesignating the second paragraph Representatives, the subchapter titled estate tax, the lower the incentive to rein- (32), as added by section 208 of the Military ‘‘Amending Special Rules’’ states: ‘‘a refusal vest in family businesses. Former Congres- Reservist and Veteran Small Business Reau- to order the previous question on such a rule sional Budget Office director Douglas Holtz- thorization and Opportunity Act of 2008 [a special rule reported from the Committee Eakin recently used the Summers study as a (Public Law 110–186; 122 Stat. 631), as para- on Rules] opens the resolution to amend- springboard to compare the economic cost of graph (33); and ment and further debate.’’ (Chapter 21, sec- a 45% estate tax versus a zero rate. He finds (2) by adding at the end the following: tion 21.2) Section 21.3 continues: Upon rejec- that the long-term impact of eliminating the ‘‘(34) MOTOR VEHICLE DEALERS.— tion of the motion for the previous question death tax would be to increase small busi- ‘‘(A) In general.—The Administration may on a resolution reported from the Committee ness capital investment by $1.6 trillion. This provide loans under this subsection to motor on Rules, control shifts to the Member lead- additional investment would create 1.5 mil- vehicle dealers for the purchase of motor ve- ing the opposition to the previous question, lion new jobs. hicle inventory. who may offer a proper amendment or mo- In other words, by raising the estate tax in ‘‘(B) AMOUNT.—Notwithstanding any other tion and who controls the time for debate the name of fairness, Mr. Obama won’t mere- limitation on the amount of a loan under thereon.’’ ly bring back from the dead one of the most this subsection, the maximum amount of a Clearly, the vote on the previous question despised of all federal taxes, and not merely loan under this paragraph shall be $20,000,000 on a rule does have substantive policy impli- splinter many family-owned enterprises. He and the Administration may participate in a cations. It is one of the only available tools will also forfeit half the jobs he hopes to gain loan not exceeding such amount in the man- for those who oppose the Democratic major- from his $787 billion stimulus bill. Maybe ner described in paragraph (2). ity’s agenda and allows those with alter- that’s why the news of this unwise tax in- ‘‘(C) MOTOR VEHICLE.—For purposes of this native views the opportunity to offer an al- crease was hidden in a footnote. paragraph, the term ‘motor vehicle’ includes ternative plan. Mr. POLIS. I yield back the balance passenger automobiles, tractor-trailers, of my time, and I move the previous motor homes, motorcycles, motorized heavy [From the Wall Street Journal, Mar. 31, 2009] question on the resolution. equipment, and motorized agricultural im- NIGHT OF THE LIVING DEATH TAX The SPEAKER pro tempore. The plements.’’. Lawrence Summers, President Obama’s question is on ordering the previous (The information contained herein was chief economic adviser, declared recently question. provided by Democratic Minority on mul- that ‘‘Let’s be very clear: There are no, no The question was taken; and the tiple occasions throughout the 109th Con- tax increases this year. There are no, no tax Speaker pro tempore announced that gress.) increases next year.’’ Oh yes, yes, there are. the ayes appeared to have it. The President’s budget calls for the largest THE VOTE ON THE PREVIOUS QUESTION: WHAT Ms. FOXX. Mr. Speaker, on that I de- increase in the death tax in U.S. history in mand the yeas and the nays. IT REALLY MEANS 2010. This vote, the vote on whether to order the The announcement of this tax increase is The yeas and nays were ordered. previous question on a special rule, is not buried in footnote 1 on page 127 of the Presi- The SPEAKER pro tempore. Pursu- merely a procedural vote. A vote against or- dent’s budget. That note reads: ‘‘The estate ant to clause 8 of rule XX, further pro- dering the previous question is a vote tax is maintained at its 2009 parameters.’’ ceedings on this question will be post- against the Democratic majority agenda and This means the death tax won’t fall to zero poned. a vote to allow the opposition, at least for next year as scheduled under current law, f the moment, to offer an alternative plan. It but estates will be taxed instead at up to is a vote about what the House should be de- 45%, with an exemption level of $3.5 million ANNOUNCEMENT BY THE SPEAKER bating. (or $7 million for a couple). Better not plan PRO TEMPORE Mr. Clarence Cannon’s Precedents of the on dying next year after all. The SPEAKER pro tempore. Pursu- House of Representatives, (VI, 308–311) de- This controversy dates back to George W. ant to clause 8 and clause 9 of rule XX, scribes the vote on the previous question on Bush’s first tax cut in 2001 that phased down the rule as ‘‘a motion to direct or control the the estate tax from 55% to 45% this year and proceedings will resume on questions consideration of the subject before the House then to zero next year. Although that 10-year previously postponed. being made by the Member in charge.’’ To tax law was to expire in 2011, meaning that Votes will be taken in the following defeat the previous question is to give the the death tax rate would go all the way back order: on adopting House Resolution opposition a chance to decide the subject be- to 55%, the political expectation was that 456, by the yeas and nays; on ordering fore the House. Cannon cites the Speaker’s once the estate tax was gone for even one the previous question on House Resolu- ruling of January 13, 1920, to the effect that year, it would never return. tion 457, by the yeas and nays; on ‘‘the refusal of the House to sustain the de- And that is no doubt why the Obama Ad- adopting House Resolution 457, if or- mand for the previous question passes the ministration wants to make sure it never control of the resolution to the opposition’’ hits zero. It doesn’t seem to matter that the dered. in order to offer an amendment. On March vast majority of the money in an estate was The first electronic vote will be con- 15, 1909, a member of the majority party of- already taxed when the money was earned. ducted as a 15-minute vote. Remaining fered a rule resolution. The House defeated Liberals counter that the estate tax is ‘‘fair’’ electronic votes will be conducted as 5- the previous question and a member of the because it is only paid by the richest 2% of minute votes.

VerDate Nov 24 2008 03:14 May 21, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.042 H20MYPT1 jbell on PROD1PC69 with HOUSE H5822 CONGRESSIONAL RECORD — HOUSE May 20, 2009 PROVIDING FOR CONSIDERATION Tonko Wasserman Welch The SPEAKER pro tempore. The Towns Schultz Wexler OF SENATE AMENDMENT TO H.R. Tsongas Waters Wilson (OH) question is on ordering the previous 627, CREDIT CARDHOLDERS’ BILL Van Hollen Watson Woolsey question. OF RIGHTS ACT OF 2009 Vela´ zquez Watt Wu This is a 5-minute vote. Visclosky Waxman Yarmuth The vote was taken by electronic de- The SPEAKER pro tempore. The un- Walz Weiner Young (FL) vice, and there were—yeas 244, nays finished business is the vote on adop- NAYS—180 tion of House Resolution 456, on which 175, answered ‘‘present’’ 1, not voting Aderholt Gallegly Miller, Gary 13, as follows: the yeas and nays were ordered. Akin Garrett (NJ) Minnick The Clerk read the title of the resolu- Alexander Gerlach Moran (KS) [Roll No. 274] tion. Altmire Giffords Murphy, Tim YEAS—244 Austria Gingrey (GA) Myrick Abercrombie Griffith Nadler (NY) The SPEAKER pro tempore. The Bachus Gohmert Neugebauer Ackerman Grijalva Napolitano Bartlett Goodlatte Nunes question is on the resolution. Adler (NJ) Gutierrez Neal (MA) Barton (TX) Granger Olson Altmire Hall (NY) Nye The vote was taken by electronic de- Biggert Graves Paul Andrews Halvorson Oberstar vice, and there were—yeas 247, nays Bilbray Grijalva Paulsen Arcuri Hare Obey Bilirakis Guthrie Pence 180, not voting 6, as follows: Baca Harman Olver Bishop (UT) Hall (TX) Petri Baird Hastings (FL) Ortiz [Roll No. 273] Blackburn Harper Pitts Baldwin Heinrich Pallone Blunt Hastings (WA) Platts YEAS—247 Barrow Herseth Sandlin Pascrell Boehner Heller Poe (TX) Bean Higgins Pastor (AZ) Abercrombie Fudge Michaud Bonner Hensarling Posey Becerra Himes Payne Ackerman Gonzalez Miller (NC) Bono Mack Herger Price (GA) Berry Hinchey Perlmutter Adler (NJ) Gordon (TN) Miller, George Boozman Hill Putnam Bishop (GA) Hinojosa Perriello Andrews Grayson Mitchell Boustany Hoekstra Radanovich Bishop (NY) Hirono Peterson Arcuri Green, Al Mollohan Brady (TX) Hunter Rehberg Blumenauer Hodes Pingree (ME) Baca Green, Gene Moore (KS) Broun (GA) Inglis Reichert Boccieri Holden Polis (CO) Baird Griffith Moore (WI) Brown (SC) Issa Roe (TN) Boren Holt Pomeroy Baldwin Gutierrez Moran (VA) Brown-Waite, Jenkins Rogers (AL) Boswell Honda Price (NC) Barrow Hall (NY) Murphy (CT) Ginny Johnson (IL) Rogers (KY) Boucher Hoyer Quigley Bean Halvorson Murphy (NY) Buchanan Johnson, Sam Rogers (MI) Boyd Inslee Rahall Becerra Hare Murphy, Patrick Burgess Jordan (OH) Rohrabacher Brady (PA) Israel Rangel Berkley Harman Murtha Burton (IN) King (IA) Rooney Bright Jackson (IL) Reyes Berman Hastings (FL) Nadler (NY) Buyer King (NY) Ros-Lehtinen Brown, Corrine Jackson-Lee Richardson Berry Heinrich Napolitano Calvert Kingston Roskam Butterfield (TX) Rodriguez Bishop (GA) Herseth Sandlin Neal (MA) Camp Kirk Royce Capps Johnson (GA) Ross Bishop (NY) Higgins Nye Campbell Kline (MN) Ryan (WI) Capuano Johnson, E. B. Rothman (NJ) Blumenauer Himes Oberstar Cantor Lamborn Scalise Cardoza Kagen Roybal-Allard Boccieri Hinchey Obey Cao Lance Schmidt Carnahan Kanjorski Ruppersberger Boren Hinojosa Olver Capito Latham Schock Carney Kaptur Rush Boswell Hirono Ortiz Carter LaTourette Sensenbrenner Carson (IN) Kennedy Ryan (OH) Boucher Hodes Pallone Cassidy Latta Sessions Castor (FL) Kildee Salazar Boyd Holden Pascrell Castle Lee (NY) Shadegg Chandler Kilpatrick (MI) Sanchez, Loretta Brady (PA) Holt Pastor (AZ) Chaffetz Lewis (CA) Shimkus Childers Kilroy Sarbanes Bright Honda Payne Coble Linder Shuster Clarke Kind Schakowsky Brown, Corrine Hoyer Perlmutter Coffman (CO) LoBiondo Simpson Clay Kirkpatrick (AZ) Schauer Butterfield Inslee Perriello Cole Lucas Smith (NE) Cleaver Kissell Schiff Capps Israel Peters Conaway Luetkemeyer Smith (NJ) Clyburn Kosmas Schrader Capuano Jackson (IL) Peterson Crenshaw Lummis Smith (TX) Cohen Kratovil Schwartz Cardoza Jackson-Lee Pingree (ME) Culberson Lungren, Daniel Souder Connolly (VA) Kucinich Scott (GA) Carnahan (TX) Polis (CO) Davis (KY) E. Stearns Conyers Langevin Scott (VA) Carney Johnson (GA) Pomeroy Deal (GA) Mack Sullivan Cooper Larsen (WA) Serrano Carson (IN) Johnson, E. B. Price (NC) Dent Manzullo Terry Costa Larson (CT) Sestak Castor (FL) Jones Quigley Diaz-Balart, L. Marchant Thompson (PA) Costello Lee (CA) Shea-Porter Chandler Kagen Rahall Diaz-Balart, M. McCarthy (CA) Thornberry Courtney Levin Sherman Childers Kanjorski Rangel Dreier McCarthy (NY) Tiahrt Crowley Lewis (GA) Shuler Clarke Kaptur Reyes Duncan McCaul Tiberi Cuellar Lipinski Sires Clay Kennedy Richardson Ehlers McClintock Turner Cummings Loebsack Skelton Cleaver Kildee Rodriguez Emerson McCotter Upton Dahlkemper Lofgren, Zoe Slaughter Clyburn Kilpatrick (MI) Ross Fallin McHenry Walden Davis (AL) Lowey Smith (WA) Cohen Kilroy Rothman (NJ) Flake McHugh Wamp Davis (CA) Luja´ n Snyder Connolly (VA) Kind Roybal-Allard Fleming McKeon Westmoreland Davis (IL) Lynch Space Conyers Kirkpatrick (AZ) Ruppersberger Forbes McMorris Whitfield Davis (TN) Maffei Spratt Cooper Kissell Rush Fortenberry Rodgers Wilson (SC) DeFazio Maloney Stupak Costa Klein (FL) Ryan (OH) Foxx Mica Wittman DeGette Markey (CO) Sutton Costello Kosmas Salazar Franks (AZ) Miller (FL) Wolf Delahunt Markey (MA) Tanner Courtney Kratovil Sanchez, Loretta Frelinghuysen Miller (MI) Young (AK) Crowley Kucinich Sarbanes DeLauro Marshall Tauscher Cuellar Langevin Schakowsky NOT VOTING—6 Dicks Massa Taylor Dingell Matheson Teague Cummings Larsen (WA) Schauer Bachmann Sa´ nchez, Linda Stark Doggett Matsui Thompson (CA) Dahlkemper Larson (CT) Schiff Barrett (SC) T. Donnelly (IN) McCarthy (NY) Thompson (MS) Davis (AL) Lee (CA) Schrader Braley (IA) Speier Davis (CA) Levin Schwartz Doyle McCollum Tierney Davis (IL) Lewis (GA) Scott (GA) b 1230 Driehaus McDermott Titus Davis (TN) Lipinski Scott (VA) Edwards (MD) McGovern Tonko DeFazio Loebsack Serrano So the resolution was agreed to. Edwards (TX) McIntyre Towns DeGette Lofgren, Zoe Sestak The result of the vote was announced Ellison McMahon Tsongas Delahunt Lowey Shea-Porter as above recorded. Ellsworth McNerney Vela´ zquez DeLauro Luja´ n Sherman A motion to reconsider was laid on Engel Meek (FL) Visclosky Dicks Lynch Shuler Eshoo Meeks (NY) Walz Dingell Maffei Sires the table. Etheridge Melancon Wasserman Doggett Maloney Skelton f Farr Michaud Schultz Donnelly (IN) Markey (CO) Slaughter Fattah Miller (NC) Waters Doyle Markey (MA) Smith (WA) PROVIDING FOR CONSIDERATION Filner Miller, George Watson Driehaus Marshall Snyder OF H.R. 2352, JOB CREATION Foster Mitchell Watt Edwards (MD) Massa Space THROUGH ENTREPRENEURSHIP Frank (MA) Mollohan Waxman Edwards (TX) Matheson Spratt Fudge Moore (KS) Weiner Ellison Matsui Stupak ACT OF 2009 Giffords Moore (WI) Welch Ellsworth McCollum Sutton The SPEAKER pro tempore. The un- Gonzalez Moran (VA) Wexler Engel McDermott Tanner Gordon (TN) Murphy (CT) Wilson (OH) Eshoo McGovern Tauscher finished business is the vote on order- Grayson Murphy (NY) Woolsey Etheridge McIntyre Taylor ing the previous question on House Green, Al Murphy, Patrick Wu Farr McMahon Teague Resolution 457, on which the yeas and Green, Gene Murtha Yarmuth Fattah McNerney Thompson (CA) nays were ordered. Filner Meek (FL) Thompson (MS) NAYS—175 Foster Meeks (NY) Tierney The Clerk read the title of the resolu- Aderholt Alexander Bartlett Frank (MA) Melancon Titus tion. Akin Austria Biggert

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.035 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5823 Bilbray Guthrie Olson [Roll No. 275] Castle Jordan (OH) Poe (TX) Bilirakis Hall (TX) Paul Chaffetz King (IA) Posey Blackburn Harper Paulsen AYES—247 Coble King (NY) Price (GA) Blunt Hastings (WA) Pence Abercrombie Green, Gene Nadler (NY) Coffman (CO) Kingston Putnam Boehner Heller Peters Ackerman Griffith Napolitano Cole Kirk Rehberg Bonner Hensarling Petri Adler (NJ) Grijalva Neal (MA) Conaway Kline (MN) Reichert Bono Mack Herger Pitts Altmire Gutierrez Nye Crenshaw Lamborn Roe (TN) Boozman Hill Platts Andrews Hall (NY) Oberstar Culberson Lance Rogers (AL) Boustany Hoekstra Poe (TX) Arcuri Halvorson Obey Davis (KY) Latham Rogers (KY) Brady (TX) Hunter Posey Baca Hare Olver Deal (GA) LaTourette Rogers (MI) Broun (GA) Inglis Dent Latta Price (GA) Baird Harman Ortiz Rohrabacher Brown (SC) Issa Diaz-Balart, L. Lee (NY) Putnam Baldwin Hastings (FL) Pallone Rooney Brown-Waite, Jenkins Diaz-Balart, M. Lewis (CA) Radanovich Barrow Heinrich Pascrell Ros-Lehtinen Ginny Johnson (IL) Dreier Linder Rehberg Bean Herseth Sandlin Pastor (AZ) Roskam Burgess Johnson, Sam Becerra Higgins Payne Duncan LoBiondo Burton (IN) Jones Reichert Ehlers Lucas Royce Roe (TN) Berkley Himes Perlmutter Ryan (WI) Buyer Jordan (OH) Berman Hinchey Emerson Luetkemeyer Rogers (AL) Perriello Scalise Calvert King (IA) Berry Hinojosa Peters Fallin Lummis Rogers (KY) Schmidt Camp King (NY) Bishop (GA) Hirono Peterson Flake Lungren, Daniel Rogers (MI) Schock Campbell Kingston Bishop (NY) Hodes Pingree (ME) Fleming E. Rohrabacher Sensenbrenner Cantor Kirk Blumenauer Holden Polis (CO) Forbes Mack Rooney Cao Kline (MN) Boccieri Holt Pomeroy Fortenberry Manzullo Sessions Capito Lamborn Ros-Lehtinen Boren Honda Price (NC) Foxx Marchant Shadegg Carter Lance Roskam Boswell Hoyer Quigley Franks (AZ) McCarthy (CA) Shimkus Cassidy Latham Royce Boucher Inslee Rahall Frelinghuysen McCaul Shuster Castle LaTourette Ryan (WI) Boyd Israel Rangel Gallegly McClintock Simpson Chaffetz Latta Scalise Brady (PA) Jackson (IL) Reyes Garrett (NJ) McCotter Smith (NE) Coble Lee (NY) Schmidt Bright Jackson-Lee Richardson Gerlach McHenry Smith (NJ) Coffman (CO) Lewis (CA) Schock Brown, Corrine (TX) Rodriguez Gingrey (GA) McHugh Smith (TX) Cole Linder Sensenbrenner Butterfield Johnson (GA) Ross Gohmert McKeon Souder Conaway LoBiondo Sessions Capps Johnson, E. B. Rothman (NJ) Goodlatte McMorris Stearns Crenshaw Lucas Shadegg Capuano Kagen Roybal-Allard Granger Rodgers Sullivan Culberson Luetkemeyer Shimkus Cardoza Kanjorski Ruppersberger Graves Mica Terry Davis (KY) Lummis Shuster Carnahan Kaptur Rush Guthrie Miller (FL) Thompson (PA) Deal (GA) Lungren, Daniel Hall (TX) Miller (MI) Simpson Carney Kennedy Ryan (OH) Thornberry Dent E. Harper Miller, Gary Smith (NE) Carson (IN) Kildee Salazar Tiahrt Diaz-Balart, L. Mack Hastings (WA) Minnick Smith (NJ) Castor (FL) Kilpatrick (MI) Sanchez, Loretta Tiberi Diaz-Balart, M. Manzullo Heller Moran (KS) Smith (TX) Chandler Kilroy Sarbanes Dreier Marchant Hensarling Murphy, Tim Turner Souder Childers Kind Schakowsky Duncan McCarthy (CA) Herger Myrick Upton Stearns Clarke Kirkpatrick (AZ) Schauer Ehlers McCaul Hill Neugebauer Walden Sullivan Clay Kissell Schiff Wamp Emerson McClintock Cleaver Kosmas Schrader Hoekstra Nunes Terry Westmoreland Fallin McCotter Clyburn Kratovil Schwartz Hunter Olson Thompson (PA) Whitfield Flake McHenry Cohen Kucinich Scott (GA) Inglis Paul Thornberry Wilson (SC) Fleming McHugh Connolly (VA) Langevin Scott (VA) Issa Paulsen Forbes McKeon Tiahrt Jenkins Pence Wittman Tiberi Conyers Larsen (WA) Serrano Fortenberry McMorris Cooper Larson (CT) Johnson (IL) Petri Wolf Turner Sestak Foxx Rodgers Costa Lee (CA) Shea-Porter Johnson, Sam Pitts Young (AK) Upton Franks (AZ) Mica Costello Levin Sherman Jones Platts Young (FL) Walden Frelinghuysen Miller (FL) Courtney Lewis (GA) Shuler Wamp NOT VOTING—11 Gallegly Miller (MI) Crowley Lipinski Sires Westmoreland Garrett (NJ) Miller, Gary Cuellar Loebsack Skelton Bachmann Klein (FL) Stark Whitfield Gerlach Minnick Cummings Lofgren, Zoe Slaughter Barrett (SC) Radanovich Waters Gingrey (GA) Moran (KS) Wilson (SC) Dahlkemper Lowey Smith (WA) Barton (TX) Sa´ nchez, Linda Gohmert Murphy, Tim Wittman Davis (AL) Luja´ n Snyder Bishop (UT) T. Goodlatte Myrick Wolf Davis (CA) Lynch Space Braley (IA) Speier Granger Neugebauer Young (AK) Davis (IL) Maffei Spratt Graves Nunes Young (FL) Davis (TN) Maloney Stupak ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeFazio Markey (CO) Sutton The SPEAKER pro tempore (during ANSWERED ‘‘PRESENT’’—1 DeGette Markey (MA) Tanner the vote). Two minutes remaining. Buchanan Delahunt Marshall Tauscher DeLauro Massa Taylor b 1247 NOT VOTING—13 Dicks Matheson Teague So the resolution was agreed to. Bachmann Berman Sa´ nchez, Linda Dingell Matsui Thompson (CA) Bachus Bishop (UT) T. Doggett McCarthy (NY) Thompson (MS) The result of the vote was announced Barrett (SC) Braley (IA) Speier Donnelly (IN) McCollum Tierney as above recorded. Barton (TX) Klein (FL) Stark Doyle McDermott Titus A motion to reconsider was laid on Berkley Van Hollen Driehaus McGovern Tonko Edwards (MD) McIntyre Towns the table. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Edwards (TX) McMahon Tsongas f The SPEAKER pro tempore (during Ellison McNerney Van Hollen Ellsworth Meek (FL) Vela´ zquez PERSONAL EXPLANATION the vote). Two minutes remaining. Engel Meeks (NY) Visclosky Eshoo Melancon Walz Mr. KLEIN of Florida. Madam Speaker, I Etheridge Michaud Wasserman rise today to submit a record of how I would b 1239 Farr Miller (NC) Schultz have voted on May 20, 2009 when I was un- Fattah Miller, George Watson So the previous question was ordered. Filner Mitchell Watt avoidably detained. The result of the vote was announced Foster Mollohan Waxman Had I voted, I would have voted ‘‘yea’’ on as above recorded. Frank (MA) Moore (KS) Weiner rollcall No. 274 and ‘‘aye’’ on rollcall No. 275. Fudge Moore (WI) Welch The SPEAKER pro tempore. The Giffords Moran (VA) Wexler f question is on the resolution. Gonzalez Murphy (CT) Wilson (OH) CREDIT CARDHOLDERS’ BILL OF The question was taken; and the Gordon (TN) Murphy (NY) Woolsey Grayson Murphy, Patrick Wu RIGHTS ACT OF 2009 Speaker pro tempore announced that Green, Al Murtha Yarmuth the ayes appeared to have it. Mr. FRANK of Massachusetts. Mr. NOES—175 Speaker, pursuant to House Resolution RECORDED VOTE Aderholt Boehner Burgess 456, I take from the Speaker’s table the Ms. FOXX. Mr. Speaker, I demand a Akin Bonner Burton (IN) bill (H.R. 627) to amend the Truth in recorded vote. Alexander Bono Mack Buyer Lending Act to establish fair and A recorded vote was ordered. Austria Boozman Calvert Bachus Boustany Camp transparent practices relating to the The SPEAKER pro tempore. This is a Bartlett Brady (TX) Campbell extension of credit under an open end 5-minute vote. Biggert Broun (GA) Cantor consumer credit plan, and for other The vote was taken by electronic de- Bilbray Brown (SC) Cao purposes, with the Senate amendment Bilirakis Brown-Waite, Capito vice, and there were—ayes 247, noes 175, Blackburn Ginny Carter thereto, and I have a motion at the not voting 11, as follows: Blunt Buchanan Cassidy desk.

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.046 H20MYPT1 jbell on PROD1PC69 with HOUSE H5824 CONGRESSIONAL RECORD — HOUSE May 20, 2009 The Clerk read the title of the bill. SEC. 2. REGULATORY AUTHORITY. riod and the annual percentage rate that would The SPEAKER pro tempore. The The Board of Governors of the Federal Re- apply after expiration of the period; Clerk will designate the Senate amend- serve System (in this Act referred to as the ‘‘(B) the increased annual percentage rate ment. ‘‘Board’’) may issue such rules and publish such does not exceed the rate disclosed pursuant to model forms as it considers necessary to carry subparagraph (A); and The text of the Senate amendment is out this Act and the amendments made by this ‘‘(C) the increased annual percentage rate is as follows: Act. not applied to transactions that occurred prior Senate amendment: SEC. 3. EFFECTIVE DATE. to commencement of the period; Strike all after the enacting clause and in- This Act and the amendments made by this ‘‘(2) an increase in a variable annual percent- sert the following: Act shall become effective 9 months after the age rate in accordance with a credit card agree- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. date of enactment of this Act, except as other- ment that provides for changes in the rate ac- (a) SHORT TITLE.—This Act may be cited as wise specifically provided in this Act. cording to operation of an index that is not under the control of the creditor and is avail- the ‘‘Credit Card Accountability Responsibility TITLE I—CONSUMER PROTECTION and Disclosure Act of 2009’’ or the ‘‘Credit able to the general public; CARD Act of 2009’’. SEC. 101. PROTECTION OF CREDIT CARD- ‘‘(3) an increase due to the completion of a HOLDERS. (b) TABLE OF CONTENTS.— workout or temporary hardship arrangement by The table of contents for this Act is as follows: (a) ADVANCE NOTICE OF RATE INCREASE AND the obligor or the failure of the obligor to com- OTHER CHANGES REQUIRED.— Sec. 1. Short title; table of contents. ply with the terms of a workout or temporary (1) AMENDMENT TO TILA.—Section 127 of the Sec. 2. Regulatory authority. hardship arrangement, provided that— Truth in Lending Act (15 U.S.C. 1637) is amend- Sec. 3. Effective date. ‘‘(A) the annual percentage rate, fee, or fied by adding at the end the following: nance charge applicable to a category of trans- TITLE I—CONSUMER PROTECTION ‘‘(i) ADVANCE NOTICE OF RATE INCREASE AND actions following any such increase does not ex- Sec. 101. Protection of credit cardholders. OTHER CHANGES REQUIRED.— ceed the rate, fee, or finance charge that applied Sec. 102. Limits on fees and interest charges. ‘‘(1) ADVANCE NOTICE OF INCREASE IN INTEREST to that category of transactions prior to com- Sec. 103. Use of terms clarified. RATE REQUIRED.—In the case of any credit card mencement of the arrangement; and Sec. 104. Application of card payments. account under an open end consumer credit ‘‘(B) the creditor has provided the obligor, Sec. 105. Standards applicable to initial plan, a creditor shall provide a written notice of prior to the commencement of such arrange- issuance of subprime or ‘‘fee har- an increase in an annual percentage rate (ex- ment, with clear and conspicuous disclosure of vester’’ cards. cept in the case of an increase described in the terms of the arrangement (including any in- Sec. 106. Rules regarding periodic statements. paragraph (1), (2), or (3) of section 171(b)) not creases due to such completion or failure); or Sec. 107. Enhanced penalties. later than 45 days prior to the effective date of ‘‘(4) an increase due solely to the fact that a Sec. 108. Clerical amendments. the increase. minimum payment by the obligor has not been Sec. 109. Consideration of Ability to repay. ‘‘(2) ADVANCE NOTICE OF OTHER SIGNIFICANT received by the creditor within 60 days after the TITLE II—ENHANCED CONSUMER CHANGES REQUIRED.—In the case of any credit due date for such payment, provided that the DISCLOSURES card account under an open end consumer cred- creditor shall— Sec. 201. Payoff timing disclosures. it plan, a creditor shall provide a written notice ‘‘(A) include, together with the notice of such Sec. 202. Requirements relating to late payment of any significant change, as determined by rule increase required under section 127(i), a clear deadlines and penalties. of the Board, in the terms (including an in- and conspicuous written statement of the reason Sec. 203. Renewal disclosures. crease in any fee or finance charge, other than for the increase and that the increase will termi- Sec. 204. Internet posting of credit card agree- as provided in paragraph (1)) of the cardholder nate not later than 6 months after the date on ments. agreement between the creditor and the obligor, which it is imposed, if the creditor receives the Sec. 205. Prevention of deceptive marketing of not later than 45 days prior to the effective date required minimum payments on time from the credit reports. of the change. obligor during that period; and TITLE III—PROTECTION OF YOUNG ‘‘(3) NOTICE OF RIGHT TO CANCEL.—Each no- ‘‘(B) terminate such increase not later than 6 CONSUMERS tice required by paragraph (1) or (2) shall be months after the date on which it is imposed, if made in a clear and conspicuous manner, and Sec. 301. Extensions of credit to underage con- the creditor receives the required minimum pay- shall contain a brief statement of the right of sumers. ments on time during that period. Sec. 302. Protection of young consumers from the obligor to cancel the account pursuant to ‘‘(c) REPAYMENT OF OUTSTANDING BALANCE.— prescreened credit offers. rules established by the Board before the effec- ‘‘(1) IN GENERAL.—The creditor shall not Sec. 303. Issuance of credit cards to certain col- tive date of the subject rate increase or other change the terms governing the repayment of lege students. change. any outstanding balance, except that the cred- Sec. 304. Privacy Protections for college stu- ‘‘(4) RULE OF CONSTRUCTION.—Closure or can- itor may provide the obligor with one of the dents. cellation of an account by the obligor shall not methods described in paragraph (2) of repaying Sec. 305. College Credit Card Agreements. constitute a default under an existing card- any outstanding balance, or a method that is no holder agreement, and shall not trigger an obli- less beneficial to the obligor than one of those TITLE IV—GIFT CARDS gation to immediately repay the obligation in methods. Sec. 401. General-use prepaid cards, gift certifi- full or through a method that is less beneficial ‘‘(2) METHODS.—The methods described in this cates, and store gift cards. to the obligor than one of the methods described paragraph are— Sec. 402. Relation to State laws. in section 171(c)(2), or the imposition of any ‘‘(A) an amortization period of not less than 5 Sec. 403. Effective date. other penalty or fee.’’. years, beginning on the effective date of the in- TITLE V—MISCELLANEOUS PROVISIONS (2) EFFECTIVE DATE.—Notwithstanding section crease set forth in the notice required under sec- Sec. 501. Study and report on interchange fees. 3, section 127(i) of the Truth in Lending Act, as tion 127(i); or Sec. 502. Board review of consumer credit plans added by this subsection, shall become effective ‘‘(B) a required minimum periodic payment and regulations. 90 days after the date of enactment of this Act. that includes a percentage of the outstanding Sec. 503. Stored value. (b) RETROACTIVE INCREASE AND UNIVERSAL balance that is equal to not more than twice the Sec. 504 Procedure for timely settlement of es- DEFAULT PROHIBITED.—Chapter 4 of the Truth percentage required before the effective date of tates of decedent obligors. in Lending Act (15 U.S.C. 1666 et seq.) is amend- the increase set forth in the notice required Sec. 505. Report to Congress on reductions of ed— under section 127(i). consumer credit card limits based (1) by redesignating section 171 as section 173; ‘‘(d) OUTSTANDING BALANCE DEFINED.—For on certain information as to expe- and purposes of this section, the term ‘outstanding rience or transactions of the con- (2) by inserting after section 170 the following: balance’ means the amount owed on a credit sumer. ‘‘SEC. 171. LIMITS ON INTEREST RATE, FEE, AND card account under an open end consumer cred- Sec. 506. Board review of small business credit FINANCE CHARGE INCREASES APPLI- it plan as of the end of the 14th day after the plans and recommendations. CABLE TO OUTSTANDING BALANCES. date on which the creditor provides notice of an Sec. 507. Small business information security ‘‘(a) IN GENERAL.—In the case of any credit increase in the annual percentage rate, fee, or task force. card account under an open end consumer cred- finance charge in accordance with section Sec. 508. Study and report on emergency pin it plan, no creditor may increase any annual 127(i).’’. technology. percentage rate, fee, or finance charge applica- (c) INTEREST RATE REDUCTION ON OPEN END Sec. 509. Study and report on the marketing of ble to any outstanding balance, except as per- CONSUMER CREDIT PLANS.—Chapter 3 of the products with credit offers. mitted under subsection (b). Truth in Lending Act (15 U.S.C. 1661 et seq.) is Sec. 510. Financial and economic literacy. ‘‘(b) EXCEPTIONS.—The prohibition under sub- amended by adding at the end the following: Sec. 511. Federal trade commission rulemaking section (a) shall not apply to— ‘‘SEC. 148. INTEREST RATE REDUCTION ON OPEN on mortgage lending. ‘‘(1) an increase in an annual percentage rate END CONSUMER CREDIT PLANS. Sec. 512. Protecting Americans from violent upon the expiration of a specified period of time, ‘‘(a) IN GENERAL.—If a creditor increases the crime. provided that— annual percentage rate applicable to a credit Sec. 513. GAO study and report on fluency in ‘‘(A) prior to commencement of that period, card account under an open end consumer cred- the English language and finan- the creditor disclosed to the consumer, in a clear it plan, based on factors including the credit cial literacy. and conspicuous manner, the length of the pe- risk of the obligor, market conditions, or other

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factors, the creditor shall consider changes in ‘‘(2) EXCEPTIONS.—Paragraph (1) does not by this Act, is amended by adding at the end the such factors in subsequently determining wheth- apply to— following: er to reduce the annual percentage rate for such ‘‘(A) any adjustment to a finance charge as a ‘‘SEC. 149. REASONABLE PENALTY FEES ON OPEN obligor. result of the resolution of a dispute; or END CONSUMER CREDIT PLANS. ‘‘(b) REQUIREMENTS.—With respect to any ‘‘(B) any adjustment to a finance charge as a ‘‘(a) IN GENERAL.—The amount of any pen- credit card account under an open end con- result of the return of a payment for insufficient alty fee or charge that a card issuer may impose sumer credit plan, the creditor shall— funds. with respect to a credit card account under an ‘‘(1) maintain reasonable methodologies for ‘‘(k) OPT-IN REQUIRED FOR OVER-THE-LIMIT open end consumer credit plan in connection assessing the factors described in subsection (a); TRANSACTIONS IF FEES ARE IMPOSED.— with any omission with respect to, or violation ‘‘(2) not less frequently than once every 6 ‘‘(1) IN GENERAL.—In the case of any credit of, the cardholder agreement, including any late months, review accounts as to which the annual card account under an open end consumer cred- payment fee, over-the-limit fee, or any other percentage rate has been increased since Janu- it plan under which an over-the-limit fee may be penalty fee or charge, shall be reasonable and ary 1, 2009, to assess whether such factors have imposed by the creditor for any extension of proportional to such omission or violation. changed (including whether any risk has de- credit in excess of the amount of credit author- ‘‘(b) RULEMAKING REQUIRED.—The Board, in clined); ized to be extended under such account, no such consultation with the Comptroller of the Cur- ‘‘(3) reduce the annual percentage rate pre- fee shall be charged, unless the consumer has rency, the Board of Directors of the Federal De- viously increased when a reduction is indicated expressly elected to permit the creditor, with re- posit Insurance Corporation, the Director of the by the review; and spect to such account, to complete transactions Office of Thrift Supervision, and the National ‘‘(4) in the event of an increase in the annual involving the extension of credit under such ac- Credit Union Administration Board, shall issue percentage rate, provide in the written notice re- count in excess of the amount of credit author- final rules not later than 9 months after the quired under section 127(i) a statement of the ized. date of enactment of this section, to establish reasons for the increase. ‘‘(2) DISCLOSURE BY CREDITOR.—No election standards for assessing whether the amount of ‘‘(c) RULE OF CONSTRUCTION.—This section by a consumer under paragraph (1) shall take shall not be construed to require a reduction in any penalty fee or charge described under sub- effect unless the consumer, before making such any specific amount. section (a) is reasonable and proportional to the election, received a notice from the creditor of ‘‘(d) RULEMAKING.—The Board shall issue omission or violation to which the fee or charge final rules not later than 9 months after the any over-the-limit fee in the form and manner, relates. Subsection (a) shall become effective 15 date of enactment of this section to implement and at the time, determined by the Board. If the months after the date of enactment of this sec- the requirements of and evaluate compliance consumer makes the election referred to in para- tion. with this section, and subsections (a), (b), and graph (1), the creditor shall provide notice to ‘‘(c) CONSIDERATIONS.—In issuing rules re- (c) shall become effective 15 months after that the consumer of the right to revoke the election, quired by this section, the Board shall con- date of enactment.’’. in the form prescribed by the Board, in any sider— ‘‘(1) the cost incurred by the creditor from (d) INTRODUCTORY AND PROMOTIONAL periodic statement that includes notice of the such omission or violation; RATES.—Chapter 4 of the Truth in Lending Act imposition of an over-the-limit fee during the ‘‘(2) the deterrence of such omission or viola- (15 U.S.C. 1666 et seq.) is amended by inserting period covered by the statement. ‘‘(3) FORM OF ELECTION.—A consumer may tion by the cardholder; after section 171, as amended by this Act, the ‘‘(3) the conduct of the cardholder; and following: make or revoke the election referred to in paragraph (1) orally, electronically, or in writing, ‘‘(4) such other factors as the Board may deem ‘‘SEC. 172. ADDITIONAL LIMITS ON INTEREST pursuant to regulations prescribed by the necessary or appropriate. RATE INCREASES. ‘‘(d) DIFFERENTIATION PERMITTED.—In Board. The Board shall prescribe regulations to ‘‘(a) LIMITATION ON INCREASES WITHIN FIRST issuing rules required by this subsection, the ensure that the same options are available for YEAR.—Except in the case of an increase de- Board may establish different standards for dif- both making and revoking such election. scribed in paragraph (1), (2), (3), or (4) of sec- ferent types of fees and charges, as appropriate. ‘‘(4) TIME OF ELECTION.—A consumer may tion 171(b), no increase in any annual percent- ‘‘(e) SAFE HARBOR RULE AUTHORIZED.—The make the election referred to in paragraph (1) at age rate, fee, or finance charge on any credit Board, in consultation with the Comptroller of any time, and such election shall be effective card account under an open end consumer cred- the Currency, the Board of Directors of the Fed- until the election is revoked in the manner pre- it plan shall be effective before the end of the 1- eral Deposit Insurance Corporation, the Direc- scribed under paragraph (3). year period beginning on the date on which the tor of the Office of Thrift Supervision, and the ‘‘(5) REGULATIONS.—The Board shall prescribe account is opened. National Credit Union Administration Board, ‘‘(b) PROMOTIONAL RATE MINIMUM TERM.—No regulations— ‘‘(A) governing disclosures under this sub- may issue rules to provide an amount for any increase in any annual percentage rate applica- penalty fee or charge described under subsection ble to a credit card account under an open end section; and ‘‘(B) that prevent unfair or deceptive acts or (a) that is presumed to be reasonable and pro- consumer credit plan that is a promotional rate portional to the omission or violation to which (as that term is defined by the Board) shall be practices in connection with the manipulation of credit limits designed to increase over-the- the fee or charge relates.’’. effective before the end of the 6-month period (2) CLERICAL AMENDMENTS.—Chapter 3 of the limit fees or other penalty fees. beginning on the date on which the promotional Truth in Lending Act (15 U.S.C. 1661 et seq.) is rate takes effect, subject to such reasonable ex- ‘‘(6) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to prohibit a cred- amended— ceptions as the Board may establish, by rule.’’. (A) in the chapter heading, by inserting itor from completing an over-the-limit trans- (e) CLERICAL AMENDMENT.—The table of sec- ‘‘AND LIMITS ON CREDIT CARD FEES’’ after action, provided that a consumer who has not tions for chapter 4 of the Truth in Lending Act ‘‘ADVERTISING’’; and is amended by striking the item relating to sec- made a valid election under paragraph (1) is not (B) in the table of sections for the chapter, by tion 171 and inserting the following: charged an over-the-limit fee for such trans- adding at the end the following: action. ‘‘171. Limits on interest rate, fee, and finance ‘‘(7) RESTRICTION ON FEES CHARGED FOR AN ‘‘148. Interest rate reduction on open end con- charge increases applicable to OVER-THE-LIMIT TRANSACTION.—With respect to sumer credit plans. outstanding balances. ‘‘149. Reasonable penalty fees on open end con- a credit card account under an open end con- ‘‘172. Additional limits on interest rate in- sumer credit plans.’’. sumer credit plan, an over-the-limit fee may be creases. SEC. 103. USE OF TERMS CLARIFIED. ‘‘173. Applicability of State laws.’’. imposed only once during a billing cycle if the credit limit on the account is exceeded, and an Section 127 of the Truth in Lending Act (15 SEC. 102. LIMITS ON FEES AND INTEREST U.S.C. 1637) is amended by adding at the end CHARGES. over-the-limit fee, with respect to such excess credit, may be imposed only once in each of the the following: (a) IN GENERAL.—Section 127 of the Truth in ‘‘(m) USE OF TERM ‘FIXED RATE’.—With re- 2 subsequent billing cycles, unless the consumer Lending Act (15 U.S.C. 1637) is amended by add- spect to the terms of any credit card account has obtained an additional extension of credit ing at the end the following: under an open end consumer credit plan, the in excess of such credit limit during any such ‘‘(j) PROHIBITION ON PENALTIES FOR ON-TIME term ‘fixed’, when appearing in conjunction subsequent cycle or the consumer reduces the PAYMENTS.— with a reference to the annual percentage rate ‘‘(1) PROHIBITION ON DOUBLE-CYCLE BILLING outstanding balance below the credit limit as of or interest rate applicable with respect to such AND PENALTIES FOR ON-TIME PAYMENTS.—Except the end of such billing cycle. account, may only be used to refer to an annual as provided in paragraph (2), a creditor may not ‘‘(l) LIMIT ON FEES RELATED TO METHOD OF percentage rate or interest rate that will not impose any finance charge on a credit card ac- PAYMENT.—With respect to a credit card ac- change or vary for any reason over the period count under an open end consumer credit plan count under an open end consumer credit plan, specified clearly and conspicuously in the terms as a result of the loss of any time period pro- the creditor may not impose a separate fee to of the account.’’. vided by the creditor within which the obligor allow the obligor to repay an extension of credit may repay any portion of the credit extended or finance charge, whether such repayment is SEC. 104. APPLICATION OF CARD PAYMENTS. Section 164 of the Truth in Lending Act (15 without incurring a finance charge, with re- made by mail, electronic transfer, telephone au- U.S.C. 1666c) is amended— spect to— thorization, or other means, unless such pay- ‘‘(A) any balances for days in billing cycles ment involves an expedited service by a service (1) by striking the section heading and all that precede the most recent billing cycle; or representative of the creditor.’’. that follows through ‘‘Payments’’ and inserting ‘‘(B) any balances or portions thereof in the (b) REASONABLE PENALTY FEES.— the following: current billing cycle that were repaid within (1) IN GENERAL.—Chapter 3 of the Truth in ‘‘§ 164. Prompt and fair crediting of payments such time period. Lending Act (15 U.S.C. 1661 et seq.), as amended ‘‘(a) IN GENERAL.—Payments’’;

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.005 H20MYPT1 jbell on PROD1PC69 with HOUSE H5826 CONGRESSIONAL RECORD — HOUSE May 20, 2009 (2) by inserting ‘‘, by 5:00 p.m. on the date on sumer credit plan as late for any purpose, unless ‘‘(11)(A) A written statement in the following which such payment is due,’’ after ‘‘in readily the creditor has adopted reasonable procedures form: ‘Minimum Payment Warning: Making identifiable form’’; designed to ensure that each periodic statement only the minimum payment will increase the (3) by striking ‘‘manner, location, and time’’ including the information required by section amount of interest you pay and the time it takes and inserting ‘‘manner, and location’’; and 127(b) is mailed or delivered to the consumer not to repay your balance.’, or such similar state- (4) by adding at the end the following: later than 21 days before the payment due date. ment as is established by the Board pursuant to ‘‘(b) APPLICATION OF PAYMENTS.— ‘‘(b) GRACE PERIOD.—If an open end con- consumer testing. ‘‘(1) IN GENERAL.—Upon receipt of a payment sumer credit plan provides a time period within ‘‘(B) Repayment information that would from a cardholder, the card issuer shall apply which an obligor may repay any portion of the apply to the outstanding balance of the con- amounts in excess of the minimum payment credit extended without incurring an additional sumer under the credit plan, including— amount first to the card balance bearing the finance charge, such additional finance charge ‘‘(i) the number of months (rounded to the highest rate of interest, and then to each succes- may not be imposed with respect to such portion nearest month) that it would take to pay the en- sive balance bearing the next highest rate of in- of the credit extended for the billing cycle of tire amount of that balance, if the consumer terest, until the payment is exhausted. which such period is a part, unless a statement pays only the required minimum monthly pay- ‘‘(2) CLARIFICATION RELATING TO CERTAIN DE- which includes the amount upon which the fi- ments and if no further advances are made; FERRED INTEREST ARRANGEMENTS.—A creditor nance charge for the period is based was mailed ‘‘(ii) the total cost to the consumer, including shall allocate the entire amount paid by the or delivered to the consumer not later than 21 interest and principal payments, of paying that consumer in excess of the minimum payment days before the date specified in the statement balance in full, if the consumer pays only the amount to a balance on which interest is de- by which payment must be made in order to required minimum monthly payments and if no ferred during the last 2 billing cycles imme- avoid imposition of that finance charge.’’. further advances are made; diately preceding the expiration of the period (2) EFFECTIVE DATE.—Notwithstanding section ‘‘(iii) the monthly payment amount that during which interest is deferred. 3, section 163 of the Truth in Lending Act, as would be required for the consumer to eliminate ‘‘(c) CHANGES BY CARD ISSUER.—If a card amended by this subsection, shall become effec- the outstanding balance in 36 months, if no fur- issuer makes a material change in the mailing tive 90 days after the date of enactment of this ther advances are made, and the total cost to address, office, or procedures for handling card- Act. the consumer, including interest and principal holder payments, and such change causes a ma- (c) CLERICAL AMENDMENTS.—The table of sec- payments, of paying that balance in full if the terial delay in the crediting of a cardholder pay- tions for chapter 4 of the Truth in Lending Act consumer pays the balance over 36 months; and ment made during the 60-day period following is amended— ‘‘(iv) a toll-free telephone number at which the date on which such change took effect, the (1) by striking the item relating to section 163 the consumer may receive information about ac- card issuer may not impose any late fee or fi- and inserting the following: cessing credit counseling and debt management services. nance charge for a late payment on the credit ‘‘163. Timing of payments.’’; and ‘‘(C)(i) Subject to clause (ii), in making the card account to which such payment was cred- (2) by striking the item relating to section 171 disclosures under subparagraph (B), the creditor ited.’’. and inserting the following: shall apply the interest rate or rates in effect on SEC. 105. STANDARDS APPLICABLE TO INITIAL ‘‘171. Universal defaults prohibited. ISSUANCE OF SUBPRIME OR ‘‘FEE the date on which the disclosure is made until HARVESTER’’ CARDS. ‘‘172. Unilateral changes in credit card agree- the date on which the balance would be paid in Section 127 of the Truth in Lending Act (15 ment prohibited. full. U.S.C. 1637), as amended by this Act, is amend- ‘‘173. Applicability of State laws.’’. ‘‘(ii) If the interest rate in effect on the date ed by adding at the end the following new sub- SEC. 107. ENHANCED PENALTIES. on which the disclosure is made is a temporary section: Section 130(a)(2)(A) of the Truth in Lending rate that will change under a contractual provi- ‘‘(n) STANDARDS APPLICABLE TO INITIAL Act (15 U.S.C. 1640(a)(2)(A)) is amended by sion applying an index or formula for subse- ISSUANCE OF SUBPRIME OR ‘FEE HARVESTER’ striking ‘‘or (iii) in the’’ and inserting the fol- quent interest rate adjustment, the creditor shall CARDS.— lowing: ‘‘(iii) in the case of an individual action apply the interest rate in effect on the date on ‘‘(1) IN GENERAL.—If the terms of a credit card relating to an open end consumer credit plan which the disclosure is made for as long as that account under an open end consumer credit that is not secured by real property or a dwell- interest rate will apply under that contractual plan require the payment of any fees (other ing, twice the amount of any finance charge in provision, and then apply an interest rate based than any late fee, over-the-limit fee, or fee for a connection with the transaction, with a min- on the index or formula in effect on the applica- payment returned for insufficient funds) by the imum of $500 and a maximum of $5,000, or such ble billing date. consumer in the first year during which the ac- higher amount as may be appropriate in the ‘‘(D) All of the information described in sub- count is opened in an aggregate amount in ex- case of an established pattern or practice of paragraph (B) shall— cess of 25 percent of the total amount of credit such failures; or (iv) in the’’. ‘‘(i) be disclosed in the form and manner authorized under the account when the account SEC. 108. CLERICAL AMENDMENTS. which the Board shall prescribe, by regulation, is opened, no payment of any fees (other than Section 103(i) of the Truth in Lending Act (15 and in a manner that avoids duplication; and ‘‘(ii) be placed in a conspicuous and promi- any late fee, over-the-limit fee, or fee for a pay- U.S.C. 1602(i)) is amended— nent location on the billing statement. ment returned for insufficient funds) may be (1) by striking ‘‘term’’ and all that follows ‘‘(E) In the regulations prescribed under sub- made from the credit made available under the through ‘‘means’’ and inserting the following: paragraph (D), the Board shall require that the terms of the account. ‘‘terms ‘open end credit plan’ and ‘open end disclosure of such information shall be in the ‘‘(2) RULE OF CONSTRUCTION.—No provision of consumer credit plan’ mean’’; and form of a table that— this subsection may be construed as authorizing (2) in the second sentence, by inserting ‘‘or ‘‘(i) contains clear and concise headings for any imposition or payment of advance fees oth- open end consumer credit plan’’ after ‘‘credit each item of such information; and erwise prohibited by any provision of law.’’. plan’’ each place that term appears. ‘‘(ii) provides a clear and concise form stating SEC. 106. RULES REGARDING PERIODIC STATE- SEC. 109. CONSIDERATION OF ABILITY TO REPAY. each item of information required to be disclosed MENTS. (a) IN GENERAL.—Chapter 3 of the Truth in under each such heading. (a) IN GENERAL.—Section 127 of the Truth in Lending Act (15 U.S.C. 1666 et seq.), as amended ‘‘(F) In prescribing the form of the table under Lending Act (15 U.S.C. 1637) is amended by add- by this title, is amended by adding at the end subparagraph (E), the Board shall require ing at the end the following: the following: that— ‘‘(o) DUE DATES FOR CREDIT CARD AC- ‘‘SEC. 150. CONSIDERATION OF ABILITY TO ‘‘(i) all of the information in the table, and COUNTS.— REPAY. not just a reference to the table, be placed on ‘‘(1) IN GENERAL.—The payment due date for ‘‘A card issuer may not open any credit card the billing statement, as required by this para- a credit card account under an open end con- account for any consumer under an open end graph; and sumer credit plan shall be the same day each consumer credit plan, or increase any credit ‘‘(ii) the items required to be included in the month. limit applicable to such account, unless the card table shall be listed in the order in which such ‘‘(2) WEEKEND OR HOLIDAY DUE DATES.—If the issuer considers the ability of the consumer to items are set forth in subparagraph (B). payment due date for a credit card account make the required payments under the terms of ‘‘(G) In prescribing the form of the table under an open end consumer credit plan is a such account.’’. under subparagraph (D), the Board shall em- day on which the creditor does not receive or (b) CLERICAL AMENDMENT.—Chapter 3 of the ploy terminology which is different than the ter- accept payments by mail (including weekends Truth in Lending Act (15 U.S.C. 1661 et seq.) is minology which is employed in subparagraph and holidays), the creditor may not treat a pay- amended in the table of sections for the chapter, (B), if such terminology is more easily under- ment received on the next business day as late by adding at the end the following: stood and conveys substantially the same mean- for any purpose.’’. ‘‘150. Consideration of ability to repay.’’. ing.’’. (b) LENGTH OF BILLING PERIOD.— (b) CIVIL LIABILITY.—Section 130(a) of the (1) IN GENERAL.—Section 163 of the Truth in TITLE II—ENHANCED CONSUMER Truth in Lending Act (15 U.S.C. 1640(a)) is Lending Act (15 U.S.C. 1666b) is amended to DISCLOSURES amended, in the undesignated paragraph fol- read as follows: SEC. 201. PAYOFF TIMING DISCLOSURES. lowing paragraph (4), by striking the second ‘‘SEC. 163. TIMING OF PAYMENTS. (a) IN GENERAL.—Section 127(b)(11) of the sentence and inserting the following: ‘‘In con- ‘‘(a) TIME TO MAKE PAYMENTS.—A creditor Truth in Lending Act (15 U.S.C. 1637(b)(11)) is nection with the disclosures referred to in sub- may not treat a payment on an open end con- amended to read as follows: sections (a) and (b) of section 127, a creditor

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INTERNET POSTING OF CREDIT CARD paragraph (1), but before the rule required by graph (2) only for failing to comply with the re- AGREEMENTS. paragraph (1) is finalized, such advertisement quirements of section 125, 127(a), or any of para- (a) IN GENERAL.—Section 122 of the Truth and shall include the disclosure: ‘‘Free credit reports graphs (4) through (13) of section 127(b), or for Lending Act (15 U.S.C. 1632) is amended by add- are available under Federal law at: failing to comply with disclosure requirements ing at the end the following new subsection: ‘AnnualCreditReport.com’.’’. ‘‘(d) ADDITIONAL ELECTRONIC DISCLOSURES.— under State law for any term or item that the TITLE III—PROTECTION OF YOUNG ‘‘(1) POSTING AGREEMENTS.—Each creditor Board has determined to be substantially the CONSUMERS shall establish and maintain an Internet site on same in meaning under section 111(a)(2) as any SEC. 301. EXTENSIONS OF CREDIT TO UNDERAGE of the terms or items referred to in section which the creditor shall post the written agreement between the creditor and the consumer for CONSUMERS. 127(a), or any of paragraphs (4) through (13) of Section 127(c) of the Truth in Lending Act (15 each credit card account under an open-end section 127(b).’’. U.S.C. 1637(c)) is amended by adding at the end consumer credit plan. (c) GUIDELINES REQUIRED.— the following: ‘‘(2) CREDITOR TO PROVIDE CONTRACTS TO THE (1) IN GENERAL.—Not later than 6 months ‘‘(8) APPLICATIONS FROM UNDERAGE CON- BOARD.—Each creditor shall provide to the after the date of enactment of this Act, the SUMERS.— Board, in electronic format, the consumer credit Board shall issue guidelines, by rule, in con- ‘‘(A) PROHIBITION ON ISSUANCE.—No credit card agreements that it publishes on its Internet sultation with the Secretary of the Treasury, for card may be issued to, or open end consumer site. the establishment and maintenance by creditors credit plan established by or on behalf of, a con- ‘‘(3) RECORD REPOSITORY.—The Board shall of a toll-free telephone number for purposes of sumer who has not attained the age of 21, unless establish and maintain on its publicly available providing information about accessing credit the consumer has submitted a written applica- Internet site a central repository of the con- counseling and debt management services, as re- tion to the card issuer that meets the require- sumer credit card agreements received from quired under section 127(b)(11)(B)(iv) of the ments of subparagraph (B). creditors pursuant to this subsection, and such Truth in Lending Act, as added by this section. ‘‘(B) APPLICATION REQUIREMENTS.—An appli- (2) APPROVED AGENCIES.—Guidelines issued agreements shall be easily accessible and retriev- cation to open a credit card account by a con- under this subsection shall ensure that referrals able by the public. sumer who has not attained the age of 21 as of ‘‘(4) EXCEPTION.—This subsection shall not provided by the toll-free number referred to in the date of submission of the application shall apply to individually negotiated changes to con- paragraph (1) include only those nonprofit require— budget and credit counseling agencies approved tractual terms, such as individually modified ‘‘(i) the signature of a cosigner, including the by a United States bankruptcy trustee pursuant workouts or renegotiations of amounts owed by parent, legal guardian, spouse, or any other in- to section 111(a) of title 11, United States Code. a consumer under an open end consumer credit dividual who has attained the age of 21 having SEC. 202. REQUIREMENTS RELATING TO LATE plan. a means to repay debts incurred by the con- ‘‘(5) REGULATIONS.—The Board, in consulta- PAYMENT DEADLINES AND PEN- sumer in connection with the account, indi- tion with the other Federal banking agencies (as ALTIES. cating joint liability for debts incurred by the that term is defined in section 603) and the Fed- Section 127(b)(12) of the Truth in Lending Act consumer in connection with the account before eral Trade Commission, may promulgate regula- (15 U.S.C. 1637(b)(12)) is amended to read as fol- the consumer has attained the age of 21; or lows: tions to implement this subsection, including ‘‘(ii) submission by the consumer of financial ‘‘(12) REQUIREMENTS RELATING TO LATE PAY- specifying the format for posting the agreements information, including through an application, MENT DEADLINES AND PENALTIES.— on the Internet sites of creditors and estab- indicating an independent means of repaying ‘‘(A) LATE PAYMENT DEADLINE REQUIRED TO lishing exceptions to paragraphs (1) and (2), in any obligation arising from the proposed exten- BE DISCLOSED.—In the case of a credit card ac- any case in which the administrative burden sion of credit in connection with the account. count under an open end consumer credit plan outweighs the benefit of increased transparency, ‘‘(C) SAFE HARBOR.—The Board shall promul- under which a late fee or charge may be im- such as where a credit card plan has a de mini- gate regulations providing standards that, if posed due to the failure of the obligor to make mis number of consumer account holders.’’. met, would satisfy the requirements of subpara- payment on or before the due date for such pay- SEC. 205. PREVENTION OF DECEPTIVE MAR- graph (B)(ii).’’. ment, the periodic statement required under sub- KETING OF CREDIT REPORTS. SEC. 302. PROTECTION OF YOUNG CONSUMERS section (b) with respect to the account shall in- (a) PREVENTING DECEPTIVE MARKETING.—Sec- FROM PRESCREENED CREDIT OF- clude, in a conspicuous location on the billing tion 612 of the Fair Credit Reporting Act (15 FERS. statement, the date on which the payment is due U.S.C. 1681j) is amended by adding at the end Section 604(c)(1)(B) of the Fair Credit Report- or, if different, the date on which a late pay- the following: ing Act (15 U.S.C. 1681b(c)(1)(B)) is amended— ment fee will be charged, together with the ‘‘(g) PREVENTION OF DECEPTIVE MARKETING (1) in clause (ii), by striking ‘‘and’’ at the end; amount of the fee or charge to be imposed if OF CREDIT REPORTS.— and payment is made after that date. ‘‘(1) IN GENERAL.—Subject to rulemaking pur- (2) in clause (iii), by striking the period at the ‘‘(B) DISCLOSURE OF INCREASE IN INTEREST suant to section 205(b) of the Credit CARD Act end and inserting the following: ‘‘; and RATES FOR LATE PAYMENTS.—If 1 or more late of 2009, any advertisement for a free credit re- ‘‘(iv) the consumer report does not contain a payments under an open end consumer credit port in any medium shall prominently disclose date of birth that shows that the consumer has plan may result in an increase in the annual in such advertisement that free credit reports not attained the age of 21, or, if the date of percentage rate applicable to the account, the are available under Federal law at: birth on the consumer report shows that the statement required under subsection (b) with re- ‘AnnualCreditReport.com’ (or such other source consumer has not attained the age of 21, such spect to the account shall include conspicuous as may be authorized under Federal law). consumer consents to the consumer reporting notice of such fact, together with the applicable ‘‘(2) TELEVISION AND RADIO ADVERTISEMENT.— agency to such furnishing.’’. penalty annual percentage rate, in close prox- In the case of an advertisement broadcast by tel- SEC. 303. ISSUANCE OF CREDIT CARDS TO CER- imity to the disclosure required under subpara- evision, the disclosures required under para- TAIN COLLEGE STUDENTS. graph (A) of the date on which payment is due graph (1) shall be included in the audio and vis- Section 127 of the Truth in Lending Act (15 under the terms of the account. ual part of such advertisement. In the case of U.S.C. 1637) is amended by adding at the end ‘‘(C) PAYMENTS AT LOCAL BRANCHES.—If the an advertisement broadcast by televison or the following new subsection: creditor, in the case of a credit card account re- radio, the disclosure required under paragraph ‘‘(p) PARENTAL APPROVAL REQUIRED TO IN- ferred to in subparagraph (A), is a financial in- (1) shall consist only of the following: ‘This is CREASE CREDIT LINES FOR ACCOUNTS FOR WHICH stitution which maintains branches or offices at not the free credit report provided for by Federal PARENT IS JOINTLY LIABLE.—No increase may be which payments on any such account are ac- law’.’’. made in the amount of credit authorized to be cepted from the obligor in person, the date on (b) RULEMAKING.— extended under a credit card account for which which the obligor makes a payment on the ac- (1) IN GENERAL.—Not later than 9 months a parent, legal guardian, or spouse of the con- count at such branch or office shall be consid- after the date of enactment of this Act, the Fed- sumer, or any other individual has assumed ered to be the date on which the payment is eral Trade Commission shall issue a final rule to joint liability for debts incurred by the consumer made for purposes of determining whether a late carry out this section. in connection with the account before the con- fee or charge may be imposed due to the failure (2) CONTENT.—The rule required by this sub- sumer attains the age of 21, unless that parent, of the obligor to make payment on or before the section— guardian, or spouse approves in writing, and due date for such payment.’’. (A) shall include specific wording to be used assumes joint liability for, such increase.’’. SEC. 203. RENEWAL DISCLOSURES. in advertisements in accordance with this sec- SEC. 304. PRIVACY PROTECTIONS FOR COLLEGE Section 127(d) of the Truth in Lending Act (15 tion; and STUDENTS. U.S.C. 1637(d)) is amended— (B) for advertisements on the Internet, shall Section 140 of the Truth in Lending Act (15 (1) by striking paragraph (2); include whether the disclosure required under U.S.C. 1650) is amended by adding at the end (2) by redesignating paragraph (3) as para- section 612(g)(1) of the Fair Credit Reporting the following: graph (2); and Act (as added by this section) shall appear on ‘‘(f) CREDIT CARD PROTECTIONS FOR COLLEGE (3) in paragraph (1), by striking ‘‘Except as the advertisement or the website on which the STUDENTS.— provided in paragraph (2), a card issuer’’ and free credit report is made available. ‘‘(1) DISCLOSURE REQUIRED.—An institution of inserting the following: ‘‘A card issuer that has (3) INTERIM DISCLOSURES.—If an advertise- higher education shall publicly disclose any changed or amended any term of the account ment subject to section 612(g) of the Fair Credit contract or other agreement made with a card since the last renewal that has not been pre- Reporting Act, as added by this section, is made issuer or creditor for the purpose of marketing a viously disclosed or’’. public after the 9-month deadline specified in credit card.

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‘‘(2) INDUCEMENTS PROHIBITED.—No card ‘‘(i) any memorandum of understanding be- ‘‘(iv) honored, upon presentation, by mer- issuer or creditor may offer to a student at an tween or among a creditor, an institution of chants for goods or services, or at automated institution of higher education any tangible higher education, an alumni association, or teller machines. item to induce such student to apply for or par- foundation that directly or indirectly relates to ‘‘(B) GIFT CERTIFICATE.—The term ‘gift certifi- ticipate in an open end consumer credit plan of- any aspect of any agreement referred to in such cate’ means an electronic promise that is— fered by such card issuer or creditor, if such subparagraph or controls or directs any obliga- ‘‘(i) redeemable at a single merchant or an af- offer is made— tions or distribution of benefits between or filiated group of merchants that share the same ‘‘(A) on the campus of an institution of higher among any such entities; name, mark, or logo; education; ‘‘(ii) the amount of any payments from the ‘‘(ii) issued in a specified amount that may ‘‘(B) near the campus of an institution of creditor to the institution, organization, or not be increased or reloaded; higher education, as determined by rule of the foundation during the period covered by the re- ‘‘(iii) purchased on a prepaid basis in ex- Board; or port, and the precise terms of any agreement change for payment; and ‘‘(C) at an event sponsored by or related to an under which such amounts are determined; and ‘‘(iv) honored upon presentation by such sin- institution of higher education. ‘‘(iii) the number of credit card accounts cov- gle merchant or affiliated group of merchants ‘‘(3) SENSE OF THE CONGRESS.—It is the sense ered by any such agreement that were opened for goods or services. of the Congress that each institution of higher during the period covered by the report, and the ‘‘(C) STORE GIFT CARD.—The term ‘store gift education should consider adopting the fol- total number of credit card accounts covered by card’ means an electronic promise, plastic card, lowing policies relating to credit cards: the agreement that were outstanding at the end or other payment code or device that is— ‘‘(A) That any card issuer that markets a of such period. ‘‘(i) redeemable at a single merchant or an af- credit card on the campus of such institution ‘‘(C) AGGREGATION BY INSTITUTION.—The in- filiated group of merchants that share the same notify the institution of the location at which formation required to be reported under sub- name, mark, or logo; such marketing will take place. paragraph (A) shall be aggregated with respect ‘‘(ii) issued in a specified amount, whether or ‘‘(B) That the number of locations on the to each institution of higher education or alum- not that amount may be increased in value or campus of such institution at which the mar- ni organization or foundation affiliated with or reloaded at the request of the holder; keting of credit cards takes place be limited. related to such institution. ‘‘(iii) purchased on a prepaid basis in ex- ‘‘(C) That credit card and debt education and ‘‘(D) INITIAL REPORT.—The initial report re- change for payment; and counseling sessions be offered as a regular part quired under subparagraph (A) shall be sub- ‘‘(iv) honored upon presentation by such sin- of any orientation program for new students of mitted to the Board before the end of the 9- gle merchant or affiliated group of merchants such institution.’’. month period beginning on the date of enact- for goods or services. SEC. 305. COLLEGE CREDIT CARD AGREEMENTS. ment of this subsection. ‘‘(D) EXCLUSIONS.—The terms ‘general-use (a) IN GENERAL.—Section 127 of the Truth in ‘‘(3) REPORTS BY BOARD.—The Board shall prepaid card’, ‘gift certificate’, and ‘store gift Lending Act (15 U.S.C. 1637), as otherwise submit to the Congress, and make available to card’ do not include an electronic promise, plas- amended by this Act, is amended by adding at the public, an annual report that lists the infor- tic card, or payment code or device that is— the end the following: mation concerning credit card agreements sub- ‘‘(i) used solely for telephone services; ‘‘(r) COLLEGE CARD AGREEMENTS.— mitted to the Board under paragraph (2) by ‘‘(ii) reloadable and not marketed or labeled ‘‘(1) DEFINITIONS.—For purposes of this sub- each institution of higher education, alumni or- as a gift card or gift certificate; section, the following definitions shall apply: ganization, or foundation.’’. ‘‘(iii) a loyalty, award, or promotional gift ‘‘(A) COLLEGE AFFINITY CARD.—The term ‘col- (b) STUDY AND REPORT BY THE COMPTROLLER card, as defined by the Board; lege affinity card’ means a credit card issued by GENERAL.— ‘‘(iv) not marketed to the general public; a credit card issuer under an open end consumer (1) STUDY.—The Comptroller General of the ‘‘(v) issued in paper form only (including for credit plan in conjunction with an agreement United States shall, from time to time, review tickets and events); or between the issuer and an institution of higher the reports submitted by creditors under section ‘‘(vi) redeemable solely for admission to events education, or an alumni organization or foun- 127(r) of the Truth in Lending Act, as added by or venues at a particular location or group of dation affiliated with or related to such institu- this section, and the marketing practices of affiliated locations, which may also include tion, under which such cards are issued to col- creditors to determine the impact that college af- services or goods obtainable— lege students who have an affinity with such in- finity card agreements and college student card ‘‘(I) at the event or venue after admission; or stitution, organization and— agreements have on credit card debt. ‘‘(II) in conjunction with admission to such ‘‘(i) the creditor has agreed to donate a por- (2) REPORT.—Upon completion of any study events or venues, at specific locations affiliated tion of the proceeds of the credit card to the in- under paragraph (1), the Comptroller General with and in geographic proximity to the event or stitution, organization, or foundation (including shall periodically submit a report to the Con- venue. a lump sum or 1-time payment of money for ac- gress on the findings and conclusions of the ‘‘(3) SERVICE FEE.— cess); study, together with such recommendations for ‘‘(A) IN GENERAL.—The term ‘service fee’ ‘‘(ii) the creditor has agreed to offer dis- administrative or legislative action as the Comp- means a periodic fee, charge, or penalty for counted terms to the consumer; or troller General determines to be appropriate. holding or use of a gift certificate, store gift ‘‘(iii) the credit card bears the name, emblem, TITLE IV—GIFT CARDS card, or general-use prepaid card. mascot, or logo of such institution, organiza- ‘‘(B) EXCLUSION.—With respect to a general- SEC. 401. GENERAL-USE PREPAID CARDS, GIFT tion, or foundation, or other words, pictures, or CERTIFICATES, AND STORE GIFT use prepaid card, the term ‘service fee’ does not symbols readily identified with such institution, CARDS. include a one-time initial issuance fee. organization, or foundation. The Electronic Fund Transfer Act (15 U.S.C. ‘‘(b) PROHIBITION ON IMPOSITION OF FEES OR ‘‘(B) COLLEGE STUDENT CREDIT CARD AC- 1693 et seq.) is amended— CHARGES.— COUNT.—The term ‘college student credit card (1) by redesignating sections 915 through 921 ‘‘(1) IN GENERAL.—Except as provided under account’ means a credit card account under an as sections 916 through 922, respectively; and paragraphs (2) through (4), it shall be unlawful open end consumer credit plan established or (2) by inserting after section 914 the following: for any person to impose a dormancy fee, an in- maintained for or on behalf of any college stu- ‘‘SEC. 915. GENERAL-USE PREPAID CARDS, GIFT activity charge or fee, or a service fee with re- dent. CERTIFICATES, AND STORE GIFT spect to a gift certificate, store gift card, or gen- ‘‘(C) COLLEGE STUDENT.—The term ‘college CARDS. eral-use prepaid card. student’ means an individual who is a full-time ‘‘(a) DEFINITIONS.—In this section, the fol- ‘‘(2) EXCEPTIONS.—A dormancy fee, inactivity or a part-time student attending an institution lowing definitions shall apply: charge or fee, or service fee may be charged with of higher education. ‘‘(1) DORMANCY FEE; INACTIVITY CHARGE OR respect to a gift certificate, store gift card, or ‘‘(D) INSTITUTION OF HIGHER EDUCATION.—The FEE.—The terms ‘dormancy fee’ and ‘inactivity general-use prepaid card, if— term ‘institution of higher education’ has the charge or fee’ mean a fee, charge, or penalty for ‘‘(A) there has been no activity with respect to same meaning as in section 101 and 102 of the non-use or inactivity of a gift certificate, store the certificate or card in the 12-month period Higher Education Act of 1965 (20 U.S.C. 1001 gift card, or general-use prepaid card. ending on the date on which the charge or fee and 1002). ‘‘(2) GENERAL USE PREPAID CARD, GIFT CER- is imposed; ‘‘(2) REPORTS BY CREDITORS.— TIFICATE, AND STORE GIFT CARD.— ‘‘(B) the disclosure requirements of paragraph ‘‘(A) IN GENERAL.—Each creditor shall submit ‘‘(A) GENERAL-USE PREPAID CARD.—The term (3) have been met; an annual report to the Board containing the ‘general-use prepaid card’ means a card or other ‘‘(C) not more than one fee may be charged in terms and conditions of all business, marketing, payment code or device issued by any person any given month; and and promotional agreements and college affinity that is— ‘‘(D) any additional requirements that the card agreements with an institution of higher ‘‘(i) redeemable at multiple, unaffiliated mer- Board may establish through rulemaking under education, or an alumni organization or foun- chants or service providers, or automated teller subsection (d) have been met. dation affiliated with or related to such institu- machines; ‘‘(3) DISCLOSURE REQUIREMENTS.—The disclo- tion, with respect to any college student credit ‘‘(ii) issued in a requested amount, whether or sure requirements of this paragraph are met if— card issued to a college student at such institu- not that amount may, at the option of the ‘‘(A) the gift certificate, store gift card, or tion. issuer, be increased in value or reloaded if re- general-use prepaid card clearly and conspicu- ‘‘(B) DETAILS OF REPORT.—The information quested by the holder; ously states— required to be reported under subparagraph (A) ‘‘(iii) purchased or loaded on a prepaid basis; ‘‘(i) that a dormancy fee, inactivity charge or includes— and fee, or service fee may be charged;

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‘‘(ii) the amount of such fee or charge; fees, and how such fees are overseen by the Fed- (2) REVISION OF REVIEW PERIOD FOLLOWING ‘‘(iii) how often such fee or charge may be as- eral banking agencies or other regulators; MATERIAL REVISION OF REGULATIONS.—In the sessed; and (2) the ways in which the interchange system event that the Board materially revises regula- ‘‘(iv) that such fee or charge may be assessed affects the ability of merchants of varying size tions on consumer credit card plans, a review for inactivity; and to negotiate pricing with card associations and need not be conducted until 2 years after the ef- ‘‘(B) the issuer or vendor of such certificate or banks; fective date of the revised regulations, which card informs the purchaser of such charge or fee (3) the costs and factors incorporated into thereafter shall be treated as the new date for before such certificate or card is purchased, re- interchange fees, such as advertising, bonus the biennial review required by subsection (a). gardless of whether the certificate or card is miles, and rewards, how such costs and factors (d) BOARD REPORT TO THE CONGRESS.—The purchased in person, over the Internet, or by vary among cards; Board shall report to Congress not less fre- telephone. (4) the consequences of the undisclosed nature quently than every 2 years, except as provided ‘‘(4) EXCLUSION.—The prohibition under para- of interchange fees on merchants and consumers in subsection (c)(2), on the status of its most re- graph (1) shall not apply to any gift certifi- with regard to prices charged for goods and cent review, its efforts to address any issues cate— services; identified from the review, and any rec- ‘‘(A) that is distributed pursuant to an award, (5) how merchant discount fees compare to the ommendations for legislation. loyalty, or promotional program, as defined by credit losses and other costs that merchants (e) ADDITIONAL REPORTING.—The Federal the Board; and incur to operate their own credit networks or banking agencies (as that term is defined in sec- ‘‘(B) with respect to which, there is no money store cards; tion 3 of the Federal Deposit Insurance Act) and or other value exchanged. (6) the extent to which the rules of payment the Federal Trade Commission shall provide an- ‘‘(c) PROHIBITION ON SALE OF GIFT CARDS card networks and their policies regarding inter- nually to the Board, and the Board shall in- WITH EXPIRATION DATES.— change fees are accessible to merchants; clude in its annual report to Congress under ‘‘(1) IN GENERAL.—Except as provided under (7) other jurisdictions where the central bank section 10 of the Federal Reserve Act, informa- paragraph (2), it shall be unlawful for any per- has regulated interchange fees and the impact tion about the supervisory and enforcement ac- son to sell or issue a gift certificate, store gift on retail prices to consumers in such jurisdic- tivities of the agencies with respect to compli- card, or general-use prepaid card that is subject tions; ance by credit card issuers with applicable Fed- to an expiration date. (8) whether and to what extent merchants are eral consumer protection statutes and regula- ‘‘(2) EXCEPTIONS.—A gift certificate, store gift permitted to discount for cash; and tions, including— card, or general-use prepaid card may contain (9) the extent to which interchange fees allow (1) this Act, the amendments made by this Act, an expiration date if— smaller financial institutions and credit unions and regulations prescribed under this Act and ‘‘(A) the expiration date is not earlier than 5 to offer payment cards and compete against such amendments; and years after the date on which the gift certificate larger financial institutions. (2) section 5 of the Federal Trade Commission was issued, or the date on which card funds (c) REPORT REQUIRED.—Not later than 180 Act, and regulations prescribed under the Fed- were last loaded to a store gift card or general- days after the date of enactment of this Act, the eral Trade Commission Act, including part 227 use prepaid card; and Comptroller shall submit a report to the Com- of title 12 of the Code of Federal Regulations, as ‘‘(B) the terms of expiration are clearly and mittee on Banking, Housing, and Urban Affairs prescribed by the Board (referred to as ‘‘Regula- conspicuously stated. of the Senate and the Committee on Financial tion AA’’). ‘‘(d) ADDITIONAL RULEMAKING.— Services of the House of Representatives con- SEC. 503. STORED VALUE. ‘‘(1) IN GENERAL.—The Board shall— taining a detailed summary of the findings and (a) IN GENERAL.—Not later than 270 days ‘‘(A) prescribe regulations to carry out this conclusions of the study required by this sec- after the date of enactment of this Act, the Sec- section, in addition to any other rules or regulation, together with such recommendations for retary of the Treasury, in consultation with the tions required by this title, including such addi- legislative or administrative actions as may be Secretary of Homeland Security, shall issue reg- tional requirements as appropriate relating to appropriate. ulations in final form implementing the Bank the amount of dormancy fees, inactivity charges SEC. 502. BOARD REVIEW OF CONSUMER CREDIT Secrecy Act, regarding the sale, issuance, re- or fees, or service fees that may be assessed and PLANS AND REGULATIONS. demption, or international transport of stored the amount of remaining value of a gift certifi- (a) REQUIRED REVIEW.—Not later than 2 years value, including stored value cards. cate, store gift card, or general-use prepaid card after the effective date of this Act and every 2 (b) CONSIDERATION OF INTERNATIONAL TRANS- below which such charges or fees may be as- years thereafter, except as provided in sub- PORT.—Regulations under this section regarding sessed; and section (c)(2), the Board shall conduct a review, international transport of stored value may in- ‘‘(B) shall determine the extent to which the within the limits of its existing resources avail- clude reporting requirements pursuant to section individual definitions and provisions of the able for reporting purposes, of the consumer 5316 of title 31, United States Code. Electronic Fund Transfer Act or Regulation E credit card market, including— (c) EMERGING METHODS FOR TRANSMITTAL AND should apply to general-use prepaid cards, gift (1) the terms of credit card agreements and the STORAGE IN ELECTRONIC FORM.—Regulations certificates, and store gift cards. practices of credit card issuers; under this section shall take into consideration ‘‘(2) CONSULTATION.—In prescribing regula- (2) the effectiveness of disclosure of terms, current and future needs and methodologies for tions under this subsection, the Board shall con- fees, and other expenses of credit card plans; transmitting and storing value in electronic sult with the Federal Trade Commission. (3) the adequacy of protections against unfair form. or deceptive acts or practices relating to credit ‘‘(3) TIMING; EFFECTIVE DATE.—The regula- SEC. 504. PROCEDURE FOR TIMELY SETTLEMENT tions required by this subsection shall be issued card plans; and OF ESTATES OF DECEDENT OBLI- (4) whether or not, and to what extent, the in final form not later than 9 months after the GORS. implementation of this Act and the amendments date of enactment of the Credit CARD Act of (a) IN GENERAL.—Chapter 2 of the Truth in made by this Act has affected— 2009.’’. Lending Act ( U.S.C. 1631 et seq.) is amended by (A) cost and availability of credit, particularly adding at the end the following new section: SEC. 402. RELATION TO STATE LAWS. with respect to non-prime borrowers; Section 920 of the Electronic Fund Transfer (B) the safety and soundness of credit card ‘‘§ 140A Procedure for timely settlement of es- Act (as redesignated by this title) is amended by issuers; tates of decedent obligors inserting ‘‘dormancy fees, inactivity charges or (C) the use of risk-based pricing; or ‘‘The Board, in consultation with the Federal fees, service fees, or expiration dates of gift cer- (D) credit card product innovation. Trade Commission and each other agency re- tificates, store gift cards, or general-use prepaid (b) SOLICITATION OF PUBLIC COMMENT.—In ferred to in section 108(a), shall prescribe regu- cards,’’ after ‘‘electronic fund transfers,’’. connection with conducting the review required lations to require any creditor, with respect to SEC. 403. EFFECTIVE DATE. by subsection (a), the Board shall solicit com- any credit card account under an open end con- This title and the amendments made by this ment from consumers, credit card issuers, and sumer credit plan, to establish procedures to en- title shall become effective 15 months after the other interested parties, such as through hear- sure that any administrator of an estate of any date of enactment of this Act. ings or written comments. deceased obligor with respect to such account (c) REGULATIONS.— can resolve outstanding credit balances in a TITLE V—MISCELLANEOUS PROVISIONS (1) NOTICE.—Following the review required by timely manner.’’. SEC. 501. STUDY AND REPORT ON INTERCHANGE subsection (a), the Board shall publish a notice (b) CLERICAL AMENDMENT.—The table of sec- FEES. in the Federal Register that— tions for chapter 2 of the Truth in Lending Act (a) STUDY REQUIRED.—The Comptroller Gen- (A) summarizes the review, the comments re- is amended by inserting after the item relating eral of the United States (in this section referred ceived from the public solicitation, and other to section 140 the following new item: to as the ‘‘Comptroller’’) shall conduct a study evidence gathered by the Board, such as ‘‘140A. Procedure for timely settlement of estates on use of credit by consumers, interchange fees, through consumer testing or other research; and of decedent obligors’.’’. and their effects on consumers and merchants. (B) either— SEC. 505. REPORT TO CONGRESS ON REDUCTIONS (b) SUBJECTS FOR REVIEW.—In conducting the (i) proposes new or revised regulations or in- OF CONSUMER CREDIT CARD LIMITS study required by this section, the Comptroller terpretations to update or revise disclosures and BASED ON CERTAIN INFORMATION shall review— protections for consumer credit cards, as appro- AS TO EXPERIENCE OR TRANS- (1) the extent to which interchange fees are priate; or ACTIONS OF THE CONSUMER. required to be disclosed to consumers and mer- (ii) states the reason for the determination of (a) REPORT ON CREDITOR PRACTICES RE- chants, whether merchants are restricted from the Board that new or revised regulations are QUIRED.—Before the end of the 1-year period be- disclosing interchange or merchant discount not necessary. ginning on the date of enactment of this Act,

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.006 H20MYPT1 jbell on PROD1PC69 with HOUSE H5830 CONGRESSIONAL RECORD — HOUSE May 20, 2009 the Board, in consultation with the Comptroller (2) the term ‘‘small business concern’’ has the (2) any organization authorized by the Small of the Currency, the Director of the Office of same meaning as in section 3 of the Small Busi- Business Act to provide assistance and advice to Thrift Supervision, the Federal Deposit Insur- ness Act (15 U.S.C. 632); and small business concerns; ance Corporation, the National Credit Union (3) the term ‘‘task force’’ means the task force (3) other Federal agencies, their officers, or Administration Board, and the Federal Trade established under subsection (b). employees; and Commission, shall submit a report to the Com- (b) ESTABLISHMENT.—The Administrator shall, (4) any other organization, entity, or person mittee on Financial Services of the House of in conjunction with the Secretary of Homeland not described in paragraph (1), (2), or (3). Representatives and the Committee on Banking, Security, establish a task force, to be known as (h) APPOINTMENT OF MEMBERS.— Housing, and Urban Affairs of the Senate on the ‘‘Small Business Information Security Task (1) CHAIRPERSON AND VICE-CHAIRPERSON.—The the extent to which, during the 3-year period Force’’, to address the information technology task force shall have— ending on such date of enactment, creditors security needs of small business concerns and to (A) a Chairperson, appointed by the Adminis- have reduced credit limits or raised interest help small business concerns prevent the loss of trator; and rates applicable to credit card accounts under credit card data. (B) a Vice-Chairperson, appointed by the Ad- open end consumer credit plans based on— (c) DUTIES.—The task force shall— ministrator, in consultation with appropriate (1) the geographic location where a credit (1) identify— nongovernmental organizations, entities, or per- transaction with the consumer took place, or the (A) the information technology security needs sons. identity of the merchant involved in the trans- of small business concerns; and (2) MEMBERS.— action; (B) the programs and services provided by the (A) CHAIRPERSON AND VICE-CHAIRPERSON.— (2) the credit transactions of the consumer, in- Federal Government, State Governments, and The Chairperson and the Vice-Chairperson shall cluding the type of credit transaction, the type nongovernment organizations that serve those serve as members of the task force. of items purchased in such transaction, the needs; (B) ADDITIONAL MEMBERS.— (2) assess the extent to which the programs price of items purchased in such transaction, (i) IN GENERAL.—The task force shall have ad- and services identified under paragraph (1)(B) any change in the type or price of items pur- ditional members, each of whom shall be ap- serve the needs identified under paragraph chased in such transactions, and other data pointed by the Chairperson, with the approval (1)(A); pertaining to the use of such credit card ac- of the Administrator. (3) make recommendations to the Adminis- count by the consumer; and (ii) NUMBER OF MEMBERS.—The number of ad- trator on how to more effectively serve the needs (3) the identity of the mortgage creditor which ditional members shall be determined by the identified under paragraph (1)(A) through— extended or holds the mortgage loan secured by Chairperson, in consultation with the Adminis- (A) programs and services identified under the primary residence of the consumer. trator, except that— paragraph (1)(B); and (I) the additional members shall include, for (b) OTHER INFORMATION.—The report required (B) new programs and services promoted by each of the groups specified in paragraph (3), at under subsection (a) shall also include— the task force; least 1 member appointed from within that (1) the number of creditors that have engaged (4) make recommendations on how the Admin- group; and in the practices described in subsection (a); istrator may promote— (2) the extent to which the practices described (A) new programs and services that the task (II) the number of additional members shall in subsection (a) have an adverse impact on mi- force recommends under paragraph (3)(B); and not exceed 13. nority or low-income consumers; (B) programs and services identified under (3) GROUPS REPRESENTED.—The groups speci- (3) any other relevant information regarding paragraph (1)(B); fied in this paragraph are— such practices; and (5) make recommendations on how the Admin- (A) subject matter experts; (4) recommendations to the Congress on any istrator may inform and educate with respect (B) users of information technologies within regulatory or statutory changes that may be to— small business concerns; needed to restrict or prevent such practices. (A) the needs identified under paragraph (C) vendors of information technologies to SEC. 506. BOARD REVIEW OF SMALL BUSINESS (1)(A); small business concerns; CREDIT PLANS AND RECOMMENDA- (B) new programs and services that the task (D) academics with expertise in the use of in- TIONS. force recommends under paragraph (3)(B); and formation technologies to support business; (a) REQUIRED REVIEW.—Not later than 9 (C) programs and services identified under (E) small business trade associations; months after the date of enactment of this Act, paragraph (1)(B); (F) Federal, State, or local agencies, including the Board shall conduct a review of the use of (6) make recommendations on how the Admin- the Department of Homeland Security, engaged credit cards by businesses with not more than 50 istrator may more effectively work with public in securing cyberspace; and employees (in this section referred to as ‘‘small and private interests to address the information (G) information technology training providers businesses’’) and the credit card market for technology security needs of small business con- with expertise in the use of information tech- small businesses, including— cerns; and nologies to support business. (1) the terms of credit card agreements for (7) make recommendations on the creation of (4) POLITICAL AFFILIATION.—The appoint- small businesses and the practices of credit card a permanent advisory board that would make ments under this subsection shall be made with- issuers relating to small businesses; recommendations to the Administrator on how out regard to political affiliation. (2) the adequacy of disclosures of terms, fees, to address the information technology security (i) MEETINGS.— and other expenses of credit card plans for small needs of small business concerns. (1) FREQUENCY.—The task force shall meet at businesses; (d) INTERNET WEBSITE RECOMMENDATIONS.— least 2 times per year, and more frequently if (3) the adequacy of protections against unfair The task force shall make recommendations to necessary to perform its duties. or deceptive acts or practices relating to credit the Administrator relating to the establishment (2) QUORUM.—A majority of the members of card plans for small businesses; of an Internet website to be used by the Admin- the task force shall constitute a quorum. (4) the cost and availability of credit for small istration to receive and dispense information (3) LOCATION.—The Administrator shall des- businesses, particularly with respect to non- and resources with respect to the needs identi- ignate, and make available to the task force, a prime borrowers; fied under subsection (c)(1)(A) and the programs location at a facility under the control of the (5) the use of risk-based pricing for small busi- and services identified under subsection Administrator for use by the task force for its nesses; (c)(1)(B). As part of the recommendations, the meetings. (6) credit card product innovation relating to task force shall identify the Internet sites of ap- (4) MINUTES.— small businesses; and propriate programs, services, and organizations, (A) IN GENERAL.—Not later than 30 days after (7) the extent to which small business owners both public and private, to which the Internet the date of each meeting, the task force shall use personal credit cards to fund their business website should link. publish the minutes of the meeting in the Fed- operations. (e) EDUCATION PROGRAMS.—The task force eral Register and shall submit to the Adminis- (b) RECOMMENDATIONS.—Following the review shall make recommendations to the Adminis- trator any findings or recommendations ap- required by subsection (a), the Board shall, not trator relating to developing additional edu- proved at the meeting. later than 12 months after the date of enactment cation materials and programs with respect to (B) SUBMISSION TO CONGRESS.—Not later than of this Act— the needs identified under subsection (c)(1)(A). 60 days after the date that the Administrator re- (1) provide a report to Congress that summa- (f) EXISTING MATERIALS.—The task force shall ceives minutes under subparagraph (A), the Ad- rizes the review and other evidence gathered by organize and distribute existing materials that ministrator shall submit to the Committee on the Board, such as through consumer testing or inform and educate with respect to the needs Small Business and Entrepreneurship of the other research, and identified under subsection (c)(1)(A) and the Senate and the Committee on Small Business of (2) make recommendations for administrative programs and services identified under sub- the House of Representatives such minutes, to- or legislative initiatives to provide protections section (c)(1)(B). gether with any comments the Administrator for credit card plans for small businesses, as ap- (g) COORDINATION WITH PUBLIC AND PRIVATE considers appropriate. propriate. SECTOR.—In carrying out its responsibilities (5) FINDINGS.— SEC. 507. SMALL BUSINESS INFORMATION SECU- under this section, the task force shall coordi- (A) IN GENERAL.—Not later than the date on RITY TASK FORCE. nate with, and may accept materials and assist- which the task force terminates under sub- (a) DEFINITIONS.—In this section— ance as it determines appropriate from, public section (m), the task force shall submit to the (1) the terms ‘‘Administration’’ and ‘‘Adminis- and private entities, including— Administrator a final report on any findings trator’’ mean the Small Business Administration (1) any subordinate officer of the Adminis- and recommendations of the task force approved and the Administrator thereof, respectively; trator; at a meeting of the task force.

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(B) SUBMISSION TO CONGRESS.—Not later than (c) REPORT.—Not later than 9 months after to Congress not later than 6 months after the 90 days after the date on which the Adminis- the date of enactment of this Act, the Federal date on which the report under subsection (a) is trator receives the report under subparagraph Trade Commission shall submit to Congress a re- submitted to Congress. (A), the Administrator shall submit to the Com- port on the findings of the study required under (c) EFFECTIVE DATE.—Notwithstanding sec- mittee on Small Business and Entrepreneurship this section that includes such recommendations tion 3, this section shall become effective on the of the Senate and the Committee on Small Busi- for legislative action as the Commission deter- date of enactment of this Act. ness of the House of Representatives the full mines appropriate. SEC. 511. FEDERAL TRADE COMMISSION RULE- text of the report submitted under subparagraph SEC. 509. STUDY AND REPORT ON THE MAR- MAKING ON MORTGAGE LENDING. (A), together with any comments the Adminis- KETING OF PRODUCTS WITH CREDIT (a) IN GENERAL.—Section 626 of division D of trator considers appropriate. OFFERS. the Omnibus Appropriations Act, 2009 (Public (j) PERSONNEL MATTERS.— (a) STUDY.—The Comptroller General of the Law 111–8) is amended— (1) COMPENSATION OF MEMBERS.—Each mem- United States shall conduct a study on the (1) in subsection (a)— ber of the task force shall serve without pay for terms, conditions, marketing, and value to con- (A) by striking ‘‘Within’’ and inserting ‘‘(1) their service on the task force. sumers of products marketed in conjunction Within’’; (2) TRAVEL EXPENSES.—Each member of the with credit card offers, including— (B) in paragraph (1), as designated by sub- task force shall receive travel expenses, includ- (1) debt suspension agreements; paragraph (A), by inserting after the first sen- ing per diem in lieu of subsistence, in accord- (2) debt cancellation agreements; and tence the following: ‘‘Such rulemaking shall re- ance with applicable provisions under sub- (3) credit insurance products. late to unfair or deceptive acts or practices re- chapter I of chapter 57 of title 5, United States (b) AREAS OF CONCERN.—The study conducted garding mortgage loans, which may include un- Code. under this section shall evaluate— fair or deceptive acts or practices involving loan (3) DETAIL OF SBA EMPLOYEES.—The Adminis- (1) the suitability of the offer of products de- modification and foreclosure rescue services.’’; trator may detail, without reimbursement, any scribed in subsection (a) for target customers; and of the personnel of the Administration to the (2) the predatory nature of such offers; and (C) by adding at the end the following: task force to assist it in carrying out the duties (3) specifically for debt cancellation or sus- ‘‘(2) Paragraph (1) shall not be construed to of the task force. Such a detail shall be without pension agreements and credit insurance prod- authorize the Federal Trade Commission to pro- interruption or loss of civil status or privilege. ucts, loss rates compared to more traditional in- mulgate a rule with respect to an entity that is (4) SBA SUPPORT OF THE TASK FORCE.—Upon surance products. not subject to enforcement of the Federal Trade the request of the task force, the Administrator (c) REPORT TO CONGRESS.—The Comptroller Commission Act (15 U.S.C. 41 et seq.) by the shall provide to the task force the administrative shall submit a report to Congress on the results Commission. support services that the Administrator and the of the study required by this section not later ‘‘(3) Before issuing a final rule pursuant to Chairperson jointly determine to be necessary than December 31, 2010. the proceeding initiated under paragraph (1), for the task force to carry out its duties. SEC. 510. FINANCIAL AND ECONOMIC LITERACY. the Federal Trade Commission shall consult (k) NOT SUBJECT TO FEDERAL ADVISORY COM- (a) REPORT ON FEDERAL FINANCIAL AND ECO- with the Federal Reserve Board concerning any MITTEE ACT.—The Federal Advisory Committee NOMIC LITERACY EDUCATION PROGRAMS.— portion of the proposed rule applicable to acts or Act (5 U.S.C. App.) shall not apply to the task (1) IN GENERAL.—Not later than 9 months practices to which the provisions of the Truth in force. after the date of enactment of this Act, the Sec- Lending Act (15 U.S.C. 1601 et seq.) may apply. (l) STARTUP DEADLINES.—The initial appoint- retary of Education and the Director of the Of- ‘‘(4) The Federal Trade Commission shall en- ment of the members of the task force shall be fice of Financial Education of the Department force the rules issued under paragraph (1) in the completed not later than 90 days after the date of the Treasury shall coordinate with the Presi- same manner, by the same means, and with the of enactment of this Act, and the first meeting dent’s Advisory Council on Financial Literacy— same jurisdiction, powers, and duties as though of the task force shall be not later than 180 days (A) to evaluate and compile a comprehensive all applicable terms and provisions of the Fed- after the date of enactment of this Act. summary of all existing Federal financial and eral Trade Commission Act (15 U.S.C. 41 et seq.) (m) TERMINATION.— were incorporated into and made part of this (1) IN GENERAL.—Except as provided in para- economic literacy education programs, as of the section.’’; and graph (2), the task force shall terminate at the time of the report; and (2) in subsection (b)— end of fiscal year 2013. (B) to prepare and submit a report to Congress (A) by striking so much as precedes paragraph (2) EXCEPTION.—If, as of the termination date on the findings of the evaluations. (2) and inserting the following: under paragraph (1), the task force has not (2) CONTENTS.—The report required by this ‘‘(b)(1) Except as provided in paragraph (6), complied with subsection (i)(4) with respect to 1 subsection shall address, at a minimum— in any case in which the attorney general of a or more meetings, then the task force shall con- (A) the 2008 recommendations of the Presi- State has reason to believe that an interest of tinue after the termination date for the sole pur- dent’s Advisory Council on Financial Literacy; the residents of that State has been or is threat- pose of achieving compliance with subsection (B) existing Federal financial and economic ened or adversely affected by the engagement of (i)(4) with respect to those meetings. literacy education programs for grades kinder- any person subject to a rule prescribed under (n) AUTHORIZATION OF APPROPRIATIONS.— garten through grade 12, and annual funding to There is authorized to be appropriated to carry support these programs; subsection (a) in a practice that violates such out this section $300,000 for each of fiscal years (C) existing Federal postsecondary financial rule, the State, as parens patriae, may bring a 2010 through 2013. and economic literacy education programs and civil action on behalf of the residents of the annual funding to support these programs; State in an appropriate district court of the SEC. 508. STUDY AND REPORT ON EMERGENCY PIN TECHNOLOGY. (D) the current financial and economic lit- United States or other court of competent juris- (a) IN GENERAL.—The Federal Trade Commis- eracy education needs of adults, and in par- diction— sion, in consultation with the Attorney General ticular, low- and moderate-income adults; ‘‘(A) to enjoin that practice; of the United States and the United States Se- (E) ways to incorporate and disseminate best ‘‘(B) to enforce compliance with the rule; ‘‘(C) to obtain damages, restitution, or other cret Service, shall conduct a study on the cost- practices and high quality curricula in financial compensation on behalf of residents of the State; effectiveness of making available at automated and economic literacy education; and or teller machines technology that enables a con- (F) specific recommendations on sources of ‘‘(D) to obtain penalties and relief provided by sumer that is under duress to electronically alert revenue to support financial and economic lit- the Federal Trade Commission Act and such a local law enforcement agency that an incident eracy education activities with a specific anal- other relief as the court considers appropriate.’’; is taking place at such automated teller ma- ysis of the potential use of credit card trans- and chine, including— action fees. (B) in paragraphs (2), (3), and (6), by striking (1) an emergency personal identification num- (b) STRATEGIC PLAN.— ‘‘Commission’’ each place it appears and insert- ber that would summon a local law enforcement (1) IN GENERAL.—The Secretary of Education ing ‘‘primary Federal regulator’’. officer to an automated teller machine when en- and the Director of the Office of Financial Edu- (b) EFFECTIVE DATE.—The amendments made tered into such automated teller machine; and cation of the Department of the Treasury shall (2) a mechanism on the exterior of an auto- coordinate with the President’s Advisory Coun- by subsection (a) shall take effect on March 12, mated teller machine that, when pressed, would cil on Financial Literacy to develop a strategic 2009. summon a local law enforcement to such auto- plan to improve and expand financial and eco- SEC. 512. PROTECTING AMERICANS FROM VIO- mated teller machine. nomic literacy education. LENT CRIME. (b) CONTENTS OF STUDY.—The study required (2) CONTENTS.—The plan developed under this (a) CONGRESSIONAL FINDINGS.—Congress finds under subsection (a) shall include— subsection shall— the following: (1) an analysis of any technology described in (A) incorporate findings from the report and (1) The Second Amendment to the Constitu- subsection (a) that is currently available or evaluations of existing Federal financial and tion provides that ‘‘the right of the people to under development; economic literacy education programs under keep and bear Arms, shall not be infringed’’. (2) an estimate of the number and severity of subsection (a); and (2) Section 2.4(a)(1) of title 36, Code of Federal any crimes that could be prevented by the avail- (B) include proposals to improve, expand, and Regulations, provides that ‘‘except as otherwise ability of such technology; support financial and economic literacy edu- provided in this section and parts 7 (special reg- (3) the estimated costs of implementing such cation based on the findings of the report and ulations) and 13 (Alaska regulations), the fol- technology; and evaluations. lowing are prohibited: (i) Possessing a weapon, (4) a comparison of the costs and benefits of (3) PRESENTATION TO CONGRESS.—The plan de- trap or net (ii) Carrying a weapon, trap or net not fewer than 3 types of such technology. veloped under this subsection shall be presented (iii) Using a weapon, trap or net’’.

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.006 H20MYPT1 jbell on PROD1PC69 with HOUSE H5832 CONGRESSIONAL RECORD — HOUSE May 20, 2009 (3) Section 27.42 of title 50, Code of Federal The Clerk read as follows: organizations. Americans want this Regulations, provides that, except in special cir- Mr. FRANK of Massachusetts moves that bill. More than 50 editorial boards cumstances, citizens of the United States may the House concur in the Senate amendment across this country have endorsed it. not ‘‘possess, use, or transport firearms on na- to H.R. 627. In this Congress, under the leader- tional wildlife refuges’’ of the United States ship of Speaker PELOSI, Majority Lead- Fish and Wildlife Service. The SPEAKER pro tempore. Pursu- (4) The regulations described in paragraphs ant to House Resolution 456, the mo- er HOYER, Subcommittee Chair GUTIER- (2) and (3) prevent individuals complying with tion shall be debatable for 1 hour REZ and Chairman FRANK, we passed it Federal and State laws from exercising the sec- equally divided and controlled by the with an overwhelming bipartisan vote ond amendment rights of the individuals while Chair and ranking minority member of of 357–70. Just yesterday the Senate at units of— the Committee on Financial Services. passed it with a vote of 90–5 and main- (A) the National Park System; and tained the core principles of the bill (B) the National Wildlife Refuge System. The gentleman from Massachusetts (5) The existence of different laws relating to (Mr. FRANK) and the gentleman from with many important additions. the transportation and possession of firearms at Texas (Mr. HENSARLING) each will con- My only regret with the Senate’s ac- different units of the National Park System and trol 30 minutes. tion is that they voted to include a the National Wildlife Refuge System entrapped The Chair recognizes the gentleman completely unrelated provision allow- law-abiding gun owners while at units of the from Massachusetts. ing guns in our national parks, rolling National Park System and the National Wildlife Mr. FRANK of Massachusetts. Mr. back a rule that was put into place by Refuge System. Speaker, to begin the debate, I recog- President Reagan that has absolutely (6) Although the Bush administration issued nize the major author and chief advo- no purpose on this bill and should be new regulations relating to the Second Amend- removed in a separate vote. And while ment rights of law-abiding citizens in units of cate for the credit card bill, dating the National Park System and National Wildlife back several years, and it is her dili- I will vote against this provision later Refuge System that went into effect on January gent effort that is paying off today for today, I do not think we should stop 9, 2009— the American consumer, the gentle- these important consumer protections (A) on March 19, 2009, the United States Dis- woman from New York (Mrs. MALONEY) for credit cardholders. trict Court for the District of Columbia granted for 4 minutes. The President has asked us to send a preliminary injunction with respect to the im- him this bill by Memorial Day. We plementation and enforcement of the new regu- Mrs. MALONEY. I thank the gentleman for yielding and for his leader- have our chance to do that today. This lations; and is one credit card bill that the Amer- (B) the new regulations— ship on this and so many other issues. (i) are under review by the administration; Mr. Speaker, Congress is on the verge ican people cannot afford to become and of passing landmark credit card re- past due. (ii) may be altered. form. This bill will make the lives of I urge a ‘‘yes’’ vote. (7) Congress needs to weigh in on the new reg- Mr. HENSARLING. Mr. Speaker, I hardworking, responsible Americans ulations to ensure that unelected bureaucrats yield myself 5 minutes. and judges cannot again override the Second better. It will make their economic fu- First, I observe this may be the sev- Amendment rights of law-abiding citizens on tures more predictable and their fami- enth or eighth time we’ve had an op- 83,600,000 acres of National Park System land lies more secure. It will level the play- portunity to essentially debate the and 90,790,000 acres of land under the jurisdic- ing field and restore balance to credit same bill. So I first want to congratu- tion of the United States Fish and Wildlife Serv- card contracts. It will end what the ice. late the chairman of the full com- Fed has characterized as anti-competi- mittee for a very open and deliberative (8) The Federal laws should make it clear that tive, unfair and deceptive practices. the second amendment rights of an individual at process. a unit of the National Park System or the Na- I am very proud of the work that I also want to congratulate the gen- tional Wildlife Refuge System should not be in- went into this bill by so many people, tlelady from New York. Although I fringed. especially Chairman FRANK and Chair- very much disagree with the ultimate (b) PROTECTING THE RIGHT OF INDIVIDUALS TO man DODD. It will have a positive im- consequences of the legislation, cer- BEAR ARMS IN UNITS OF THE NATIONAL PARK pact everywhere and on anyone in this tainly she has brought passion and te- SYSTEM AND THE NATIONAL WILDLIFE REFUGE country who uses a credit card. nacity to an issue and has seen it SYSTEM.—The Secretary of the Interior shall not Over the past 3 years as I have la- through the process. And to the extent promulgate or enforce any regulation that pro- bored on this bill with my colleagues, hibits an individual from possessing a firearm that I can count votes in the minority including an assembled or functional firearm in the need to stop credit card industry where you have the luxury of being any unit of the National Park System or the Na- abuses has become ever more apparent right about 99 percent of the time when tional Wildlife Refuge System if— with every passing billing cycle. you count votes, I’m sure her side is on (1) the individual is not otherwise prohibited Today, our families are being hard-hit the verge of victory. by law from possessing the firearm; and in this economy, and some credit card But, Mr. Speaker, I just would say (2) the possession of the firearm is in compli- companies are hurting our families by before my friends on the other side of ance with the law of the State in which the unit arbitrarily raising interest rates and of the National Park System or the National the aisle high-five each other, they Wildlife Refuge System is located. changing the rules to increase their may want to do a high one or high two, SEC. 513. GAO STUDY AND REPORT ON FLUENCY profits. This bill will put an end to but I’m not sure it’s a high five. IN THE ENGLISH LANGUAGE AND FI- these practices. I agree with the gentlelady from New NANCIAL LITERACY. Many small businesses rely on per- York that there have been deceptive (a) STUDY.—The Comptroller General of the sonal credit cards, but we are seeing in- trade practices and misleading adver- United States shall conduct a study exam- creased numbers of small business own- tising by a number of credit card com- ining— (1) the relationship between fluency in the ers hit with increased penalties and in- panies. This has to stop. There are a English language and financial literacy; and terest rates and canceled credit for ab- number of disclosure provisions that (2) the extent, if any, to which individuals solutely no reason, which is killing the Federal Reserve has presented after whose native language is a language other than small businesses and hurting our econ- 3 years of a very careful study, a num- English are impeded in their conduct of their fi- omy. NFIB has endorsed this bill. ber of those provisions are mirrored in nancial affairs. With these reforms, consumers will this particular legislation. I think the (b) REPORT.—Not later than 1 year after the have more money to invest in the econ- whole House agrees with those. Clear- date of enactment of this Act, the Comptroller omy instead of paying off debt. A study General of the United States shall submit a rely, there needs to be consequences for port to the Committee on Banking, Housing, by the Joint Economic Committee companies that engage in this kind of and Urban Affairs of the Senate and the Com- found that these abusive practices are behavior. mittee on Financial Services of the House of slowing our recovery by effectively And in addition, we need to ensure Representatives that contains a detailed sum- raising prices for consumers. that the laws that we have on the mary of the findings and conclusions of the This bill is a reaffirmation of the books, Mr. Speaker, are enforced: the study required under subsection (a). principle of ‘‘a deal is a deal’’ and is Deceptive Trade Practices Act, the MOTION OFFERED BY MR. FRANK OF the result of years of advocacy for this Truth in Lending Act, and other laws MASSACHUSETTS change by many of my colleagues, na- that we have on the books. The SPEAKER pro tempore. The tional consumer groups, civil rights or- But, Mr. Speaker, just like when you Clerk will report the motion. ganizations, labor unions, and business hear in a tax debate that Congress is

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.006 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5833 getting ready to tax the rich, somehow at least make the minimum payment dependence on credit cards, and help the middle income have to hold on to on time. Why, why are we going to pun- them build the assets and wealth they their wallet; when you hear there’s a ish those—— need for long-term economic stability, piece of legislation that is aimed at The SPEAKER pro tempore. The and to eventually attain the American reining in the credit card companies, time of the gentleman has expired. Dream of homeownership. well, John Q. Citizen had better watch Mr. HENSARLING. I yield myself 1 As chairman of the Subcommittee on out as well. additional minute. Higher Education, I strongly support I’m afraid my friends on the other Why, Mr. Speaker, do we want to the provisions in the bill that increase side of the aisle have been very effec- punish those people on behalf of those protections for students against ag- tive through bailout legislation, stim- who don’t do it right? gressive credit card marketing and in- ulus legislation, omnibus legislation, a Now, some don’t do it right because creased transparency of affinity ar- budget that creates more debt in the of circumstances beyond their control, rangements between credit card com- next 10 years than in the previous 220, but the way to address that is not to panies and universities. they’ve been very adept at taking the take away the rights and opportunities Mr. Speaker, this legislation is long cash out of Americans’ wallets, and of others. That can be addressed overdue. It’s imperative that we pass now with this legislation, many will through social safety net legislation. this bill and that the President sign it have their credit cards removed by the But others don’t pay their bills simply into law as soon as possible to begin Congress as well. because they’re irresponsible. Why do the journey toward credit card reform. People know that Congress excels at the responsible have to bail out the ir- Congresswoman MALONEY’s legisla- one thing, and that is unintended con- responsible? tion will help all individuals residing sequences, and I fear, Mr. Speaker, And we already see that we are in the in the U.S. and will improve financial there will be a number of unintended midst of a huge credit contraction, Mr. literacy of Americans across the board, consequences through this particular Speaker. At a time when Americans which is the goal of the Financial and legislation. are struggling to pay their mortgages, Economic Literacy Caucus I co-found- This legislation ultimately restricts to pay for their groceries, to pay their ed and currently co-chair with Con- economic opportunities. It has a health care costs, why, why would we gresswoman JUDY BIGGERT of Illinois. version of price controls for late fees. want to make credit more expensive I strongly encourage all my col- It restricts the ability of credit card and less available? It is the completely leagues to support this very important companies to engage in facets of what wrong policy. and timely piece of legislation. is called risk-based pricing, and ulti- Now, again, I want to agree with the Mr. HENSARLING. Mr. Speaker, at mately what that means is, this legis- disclosure provisions. I also want to this time I would like to yield 3 min- lation, notwithstanding the good por- agree with the provisions in the bill utes to the gentleman from Wash- tions of the bill which will create bet- that say that consumers ought to have ington (Mr. HASTINGS). ter and effective disclosure for con- a reasonable amount of time to close Mr. HASTINGS of Washington. Mr. sumers, but what it will ultimately do out their accounts under their old pro- Speaker, since January, House Repub- is a couple of things. visions and old interest rates, but oth- licans have simply asked the Democrat Number one, Mr. Speaker, this will erwise, we need to reject this legisla- majority in the House for a chance to force the good customers to yet, again, tion. debate an amendment on Second bail out the not-so-good customers. I reserve my time. Amendment rights and to have a vote And it’s interesting, Mr. Speaker, hav- Mr. FRANK of Massachusetts. Mr. to allow citizens to carry firearms in ing debated this a number of times, Speaker, I yield myself 1 minute. national parks and wildlife refuges in there was an article that came out I The gentleman referred to money accordance with State law. believe in yesterday’s New York Times, added to the budget. He talked about Unfortunately, Democrat leaders and this is isn’t National Review or the bailout, et cetera. have spent the last 5 months using The Weekly Standard or Rush every legislative trick in the book to b 1300 Limbaugh. It’s the New York Times. obstruct a fair and open process. How- I’d like to quote from portions of that I would remind Members that the ever, after Senator COBURN managed to article. $700 billion was asked for by the Bush force consideration of his amendment ‘‘Credit cards have been a very good administration, and it passed with in the other body, Democrat leaders deal for people who pay their bills on Democratic support and the support of have finally cried uncle and decided to time and in full. Now Congress is mov- a significant minority on the Repub- hold a debate and a vote. ing to limit the penalties on riskier lican side, including the Republican Mr. Speaker, I applaud their capitu- borrowers who have become a prime leadership and a very heavy majority lation. source of billions of dollars in fee rev- of Republican Senators. So, yes, that During today’s debate, you’ll hear enue for the industry, and to make up $700 billion was voted at the request of gun control advocates falsely claim for the lost income, the card companies the Bush administration, with substan- that this amendment will increase are going after those people with ster- tial bipartisan support. poaching because American gun owners ling credit.’’ There was, of course, also the matter won’t be able to resist the temptation Again, the observation of the New of another $700 billion-or-so in the war to shoot wildlife encountered in na- York Times. in Iraq which I voted against. So I do tional parks. Banks are expected to look at reviv- regret some of these extra expendi- Mr. Speaker, their liberal base might ing annual fees, curtailing cash back tures, but the responsibility is hardly believe this, but I doubt if the Amer- and other rewards programs, and that of one party. ican people will. In fact, the fact is charging interest immediately on a And now I yield 2 minutes to the gen- that American gun owners are simply purchase instead of allowing a grace tleman from Texas (Mr. HINOJOSA). citizens who want to exercise their period of weeks, according to bank offi- Mr. HINOJOSA. Mr. Speaker, I rise Second Amendment rights without cials and trade groups. today in strong support of H.R. 627, the running into confusing red tape. From the head of the American Credit Cardholders’ Bill of Rights Act Opponents of this amendment will Bankers Association, those that man- of 2009, introduced in the House by also call it unprecedented, far reaching age their credit well will in some de- Congresswoman CAROLYN MALONEY and radical. But the fact is, it merely gree subsidize those that have credit from New York. puts national parks and refuges in line problems. H.R. 627 will help consumers, espe- with current regulations of national Again, Mr. Speaker, I respectfully cially Latinos, by eliminating harmful forest lands and Bureau of Land Man- submit to you this is yet another piece credit card industry policies and prac- agement lands. Let me reiterate this. of bailout legislation. Over 50 percent tices that have resulted in a dangerous The Second Amendment rights are al- of Americans who have credit cards accumulation in the Latino commu- ready in place in national forests and pay their bills in full and on time. nity of unsecured debt. It will empower on Bureau of Land Management prop- There’s another huge percentage who Hispanics to reduce their reliance and erty.

VerDate Nov 24 2008 02:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.045 H20MYPT1 jbell on PROD1PC69 with HOUSE H5834 CONGRESSIONAL RECORD — HOUSE May 20, 2009 The current policy is outdated, un- With the Coburn amendment, we are card companies that have been ripping necessary, inconsistent and confusing putting families at risk, which is them off for so long, and here we have, to those who visit the checker board of wrong. And the method being used to placed in this bill, this irrelevant public lands, and the policy needs to be push the bill is equally troubling. Are amendment that is dealing with guns changed, and this amendment does just we going to have all of our bills coming and guns in parks. that. over from the Senate with gun legisla- It’s a good bill. I support the bill. Finally, let me remind my colleagues tion on them? And I would like to thank Financial In- that the current prohibition is only in I urge my colleagues to vote against stitutions Chairman LUIS GUTIERREZ place because of a lone activist Federal the Coburn amendment and vote for and Congresswoman MALONEY for their judge in Washington, D.C. who some- H.R. 627. continued dedication and leadership on how rationalized that the Second Mr. HENSARLING. Mr. Speaker, at this issue. And I am a proud sponsor of Amendment should be subjected to en- this time I would like to yield 3 min- H.R. 627. vironmental review and red tape bu- utes to the gentleman from Utah (Mr. I had no idea on the Senate side they reaucracy—Second Amendment sub- BISHOP). would inject this amendment into the jected to environmental review—and Mr. BISHOP of Utah. Mr. Speaker, I bill. It’s about time that we reined in decided to singlehandedly throw out am happy to be here to speak on this the abusive practices of credit card the previous policy. She did this, de- particular amendment. companies. For too long, credit card spite the fact that the previous admin- There are, indeed, some in govern- companies have squeezed consumers istration had conducted months of re- ment who are very uncomfortable with through every scheme imaginable, in- view in a thorough public comment the concept of an armed citizenry. cluding double-cycle billing and uni- That is nothing that is new. process. versal default. This bill will finally Mr. Speaker, 234 years ago, on a Now, today, on this vote the House give consumers the rights they deserve. spring day that’s very similar to this has the opportunity to right that H.R. 627 bans double billing, double one, a British commander in Boston wrong. cycle billing. It bans universal default, sent out a detachment to Lexington So, Mr. Speaker, I encourage my col- and it flat out prohibits arbitrary in- and Concord for what he thought was a leagues on both sides of the aisle to terest rate increases. It even prohibits perfectly reasonable gun control meas- join me in restoring Americans’ Second credit cards from raising rates during ure. I mean, why would any rational Amendment rights on Federal lands. the first year that a credit card ac- Mr. FRANK of Massachusetts. Mr. person want to possess a gun on park- count is open, thereby eliminating the Speaker, I yield 2 minutes to the gen- like greens and commons in those old bait-and-switch policies. tlewoman from New York (Mrs. pleasant New England towns? I am especially pleased that now MCCARTHY). Unfortunately for General Howe, the credit card companies will have to Mrs. MCCARTHY of New York. I patriots disagreed. And those same pa- thank my chairman for allowing me to triots were the ones who wrote our allow consumers to opt in to overdraft have these 2 minutes. Constitution and gave the protection plans, so that the $3 cup of coffee does Mr. Speaker, I rise today to raise my in the Second Amendment to gun not turn into a $35 overdraft charge. Even with this bill, we know that voice in opposition to the Coburn rights. amendment to H.R. 627, the Credit The issue today is whether Congress credit card companies will still try to Cardholders’ Bill of Rights. will insist that the National Park put the squeeze on the consumers. Al- Our economy is in trouble, and mil- Service live under the same rules that ready they are lowering the credit lines lions of consumers are hurting under the national forests and the Bureau of of borrowers in good standing, based on the pressure of staggering credit card Land Management areas have been where the borrower shops. This is why debt. under all the time. this bill, H.R. 627, includes an amend- I am proud to support the hard work There’s nothing unique or new about ment that I offered to require the Fed- of my colleague, Congresswoman CARO- this. It is simply a matter of con- eral Reserve to report to Congress on LYN MALONEY, who has championed the formity. The real winners in this the extent of these practices. With this Credit Cardholders’ Bill of Rights, amendment are law-abiding Americans study, we will have the information we which will make the practice of credit who will no longer be treated as crimi- need to further end these abusive prac- card companies fairer, help dig con- nals, even though they’re good people. tices. sumers out of debt, and get our econ- I give, for example, Damon Gettier, I urge my colleagues to support H.R. omy going. who was convicted of the heinous crime 627, and I am hopeful that we can sepa- But I am incredibly disappointed of driving through the Blue Ridge rate this bad Coburn amendment out of that this well-meaning bill has been hi- Parkway, which bisects his community the bill. jacked and used as a political tool to towards his home one afternoon when Mr. HENSARLING. Mr. Speaker, I ram a provision down the throats of he had a legally owned firearm in his yield myself 5 minutes. Americans when they need our help to car, which was legal in the State of Mr. Speaker, I think, for the mo- address more pressing issues. Virginia, but not in the Park Service ment, I do wish to return to the credit Adding an amendment that will land a couple of blocks away. card debate. allow loaded guns into our national Even the Federal judge admitted he, Again, Mr. Speaker, I fear that the parks to a bill that is designed to help himself, had no idea it was unlawful to legislation before us is going to be rid- American families during an economic carry a firearm in a car in National dled with unintended consequences. crisis shows an ignorance of the seri- Park Service land, though it was law- Again, there are portions of the bill to ousness of our Nation’s economic crisis ful in the State of Virginia. This man, which I think almost every Member of and a disregard for the needs of its con- nonetheless, was still penalized. this body would agree. Consumers have sumers. This amendment should not be It is wrong. This rights that wrong. been taken advantage of by misleading part of this bill. This brings continuity and it brings claims, by deceptive disclosures, and Our national parks are among our the National Park Service in line with we must have effective disclosure writ- greatest treasures. We are blessed as a every other public lands proposal that ten in legalese not voluminous disclo- Nation with some of the most pristine we have in this Nation. And I urge its sure. Rather, we need effective disclo- and beautiful landscapes and open adoption. sure written in English, as opposed to spaces in the world, and every year Ms. WATERS. Mr. Speaker, I yield voluminous disclosure written in millions and millions of families from myself 2 minutes. legalese. all walks of life travel from far and It’s unfortunate, Mr. Speaker and But we don’t need to take away con- near to enjoy these amazing resources. Members, that we have to deal with sumer’s credit opportunities at a time When families are out experiencing the this misplaced Coburn amendment in when the market is already con- wonders of our lands, the last thing what is a very good bill. The American tracting from the economic recession. I they should have to worry about is a taxpayers ought to be incensed. mean, these credit cards are needed. threat or the possible threat of gun vi- We are trying to protect consumers And again, Mr. Speaker, I fear that olence. against the practices of these credit this legislation will take us back to a

VerDate Nov 24 2008 03:52 May 21, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.046 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5835 bygone era, an era that most of us, ended or that they’re going to be sold noted that, in the fine print of her frankly, don’t want to revisit. to the larger institutions. Less com- credit card, her interest rate had been Now, in my earlier remarks I alluded petition. Less opportunities. raised from 14.25 to 21.5 percent for no to this New York Times piece, again, We’ve heard from academics in this reason, which was applied to her al- not exactly known as a bastion of con- debate, like Professor Todd Zywicki ready existing balance. Diana runs an servative thought, but it is certainly a from George Mason University. The in- animal protection nonprofit and is tak- third-party validation to what many of creased use of credit cards has been a ing care of her mother, who is in inten- us have been saying in this debate. But substitution for other types of con- sive care. Now, she is confident that I allude to this New York Times article sumer credit. If these individuals are she will eventually pay off this balance of May 19. And it talks about this by- unable to get access to credit cards, ex- and will still maintain her good credit, gone era, and in part of this article it perience and empirical evidence indi- but she is worried about those less well says: ‘‘Banks used to give credit cards cates that they will turn elsewhere for off, who are at the mercy of the credit only to the best customers and charge credit. card companies. them a flat interest rate of about 20 The SPEAKER pro tempore. The Hers is just one of the hundreds of percent, and an annual fee.’’ Well, once time of the gentleman has expired. stories that my office has heard. certain usury laws have been relaxed, Mr. HENSARLING. Mr. Speaker, I Today, we take action on their behalf. once there were technological innova- yield myself an additional minute. Under this legislation before us, Diana They will turn elsewhere for credit, tions allowing this thing called risk- would have been protected. For too such as to pawnshops, to payday lend- based pricing, something happened, Mr. long, the credit card issuers have taken ers, to rent-to-own or even to loan Speaker, and that was, people who pre- advantage of American families, of sharks. In some respects, maybe we viously had no access to credit finally small businesses and even of churches ought to call this the Payday Lenders got access to credit. that are too responsible to run away and Pawnshop Relief Act, because that 1315 but are too poor to pay off their bal- b will be the consequence. Now, I’m not ances. Something else happened, Mr. Speak- trying to cast aspersions on their busi- er. That is that those debtors who paid ness models. Many consumers turn to The Credit Cardholders’ Bill of their bills on time, who were less risky, them. That’s not the point. Rights means that credit card compa- managed to pay a lower interest rate The point is this legislation is going nies will no longer be allowed to act as and managed to get rid of the dreaded to constrict consumer choice. We’ve loan sharks. The enactment of this bill annual fees. This is a piece of legisla- seen similar legislation in the United is just the beginning. Just as the Bill tion that will take us back to a bygone Kingdom. They passed a law that of Rights in the Constitution provides era that most of us want to leave by- capped default fees. What happened? a foundation for all of our laws that gone. It is a step into the past. Well, two of the three largest issuers protect citizens’ liberties, this bill will The article in the New York Times promptly imposed annual fees on their create a solid foundation for Congress goes on to say, ‘‘The industry says that cardholders. Nineteen of the largest to build upon in order to provide a the proposals will force banks to issue raised interest rates, and by one inde- needed floor for the industry to im- fewer credit cards at greater cost to pendent study, 60 percent of new appli- prove their practices and to highlight the current cardholders.’’ cants were rejected. That’s what hap- the need for consumer responsibility. Now, some may view that to be a pened in the U.K. This bipartisan coalition will continue good thing. Well, it’s not necessarily These are the unintended con- to push for more transparency and fair- the struggling families of the Fifth sequences of this legislation, and that ness for consumers in upstate New Congressional District of Texas. They is why I believe this conference report York and throughout the country. want their credit cards. They want should be rejected at this time. There Mr. HENSARLING. Mr. Speaker, at choices to be had. They want there to is a better way of doing this, Mr. this time, I would like to yield to the be honest disclosure that they under- Speaker, and it is with disclosure and distinguished ranking member of the stand, but they want choices in the with effective enforcement of any fraud Financial Services Committee for as marketplace. laws. much time as he may consume, the Now, I may view this legislation dif- Mr. FRANK of Massachusetts. Mr. gentleman from Alabama (Mr. BACH- ferently, Mr. Speaker, if I thought Speaker, I now yield 2 minutes to a US). there weren’t competition in the mar- member of the committee who is one of Mr. BACHUS. Mr. Speaker, I think ketplace, but we’ve heard testimony the coauthors of this important bill, all of us in this body have had con- throughout this debate that there are the gentleman from New York (Mr. stituents call and complain that what over 10,000 different issuers of credit MAFFEI). cards—10,000. We’ve seen contraction in Mr. MAFFEI. Mr. Speaker, I rise in they saw were unfair and deceptive the market due to the economic reces- strong support of sending this critical credit card practices, and in many sion, and all this legislation is going to bill to the President for his signature. cases, these practices were not fair. do is exacerbate that phenomenon. Enactment will stop deceptive and un- As a result of that, the Financial So, again, this is a bailout bill. It’s fair practices by credit card issuers Services Committee, working with the asking those who pay their bills on that have taken advantage of honest Federal Reserve, proposed—and the time and in full to bail out those who consumers. Federal Reserve has now adopted— don’t. So, again, we’ll hear all of the I thank the chairman for his leader- changes. The things that have been rhetoric that we’re slapping around the ship, and I want to especially thank talked about by Members of this body big credit card companies. Frankly, Congresswoman CAROLYN MALONEY. in the debate last week and in the de- there are a number of their practices When she started in this effort, the bate today are taken care of in the that deserve slapping around, but odds were dead set against her, and it Federal Reserve’s requirements. In somebody else is going to get slapped was likely her efforts would run into fact, they went through a long public around, and that is the borrower who stiff partisan opposition. Thanks to her process. They had over 60,000 public pays his bill in full and on time. He is leadership and hard work, this bill has comments about the issues, and they going to be punished. He is going to get very bipartisan support, passing this issued, actually, 1,200 pages of changes slapped around by this legislation at a House this year by 357–70 and, yester- in our credit card regulations. This in- time when they can ill, ill afford it. day, being approved by the Senate with cluded going up on balance fees. This We’ve seen this before. We’ve heard an overwhelmingly bipartisan 90–5 included double-cycle billing. This in- testimony from, for example, commu- vote. cluded giving people a longer period of nity banks that tell us, if this legisla- Each time I am at home in my dis- time from the time their statement tion is passed—and I’ve heard this from trict, without fail, people share stories was mailed to the time they had to get banks in my own district—that ulti- about their times with credit cards. a payment in—all of the things, I mately the credit card portfolios of the One woman, Diana Lynn, from think, that most of us have received smaller institutions are going to be Baldwinsville, near Syracuse, recently calls on.

VerDate Nov 24 2008 03:52 May 21, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.048 H20MYPT1 jbell on PROD1PC69 with HOUSE H5836 CONGRESSIONAL RECORD — HOUSE May 20, 2009 One matter that we raised when this [From the New York Times, May 19, 2009] earnest as the recession accelerated. Now, bill was before us—and I want to com- CREDIT CARD INDUSTRY AIMS TO PROFIT FROM consumers who pay their bills off every mend the Senate, and I want to com- STERLING PAYERS month are issuing a rising chorus of commend the Democratic majority in the (By Andrew Martin) plaints about shortened grace periods, new hidden fees and higher interest rates. House—was this idea in the original Credit cards have long been a very good The industry says that the proposals will deal for people who pay their bills on time legislation that you could apply for a force banks to issue fewer credit cards at and in full. Even as card companies imposed number of credit cards, but it would greater cost to the current cardholders. punitive fees and penalties on those late not go on your credit report until you Citigroup and Capital One referred com- activated that card. I think, as a result with their payments, the best customers racked up cash-back rewards, frequent-flier ments to the A.B.A. Discover and American of the debate 2 weeks ago, we took a miles and other perks in recent years. Express declined to comment. Bank of Amer- closer look at that, and we did pass an Now Congress is moving to limit the pen- ica intends to ‘‘provide credit to the largest amendment by AARON SCHOCK, which, I alties on riskier borrowers, who have become number of creditworthy customers possible, think, will close the door to a lot of a prime source of billions of dollars in fee while also remaining prudent in our lending fraud in that regard. I appreciate the revenue for the industry. And to make up for practices,’’ said Betty Riess, a spokeswoman. majority’s support on that. I think the lost income, the card companies are going Together with JPMorgan Chase, which has said the changes will force it to limit credit Senate further closed that loophole, after those people with sterling credit. Banks are expected to look at reviving an- availability and raise fees, these banks ac- and I think we’ve struck the right bal- nual fees, curtailing cash-back and other re- count for 80 percent of the credit card indus- ance there. wards programs and charging interest imme- try. As for the supporters of this bill, I diately on a purchase instead of allowing a Banks are not required to publicly reveal don’t question their sincerity, and I grace period of weeks, according to bank of- how much money they make from penalty don’t question their motivation. They ficials and trade groups. interest rates and fees, though government and the American people want credit ‘‘It will be a different business,’’ said Ed- officials and industry consultants estimate card reform. What we had said is there ward L. Yingling, the chief executive of the they constitute a growing portion of rev- American Bankers Association, which has enue. is tremendous reform in the Fed’s pro- been lobbying Congress for more lenient leg- posals, in the Federal Reserve’s pro- For instance, Mr. Hammer said the amount islation on behalf of the nation’s biggest of money generated by penalty fees like late posals, and we felt like those ought to banks. ‘‘Those that manage their credit well charges and exceeding credit limits had in- have a chance. We expressed why we will in some degree subsidize those that have creased by about $1 billion annually in re- were for those reforms which were credit problems.’’ cent years, and should top $20 billion this going into effect next July and not for As they thin their ranks of risky card- year. holders to deal with an economic downturn, this bill. Regulations passed by the Federal Reserve major banks including American Express, in December to curb unexpected interest One of our concerns—and I think that Citigroup, Bank of America and a long list of charges would cost issuers about $12 billion a this bill will do this, and I hope I’m others have already begun to raise interest year in lost fees and income, according to in- wrong—is that this legislation, I be- rates, and some have set their sights on con- dustry calculations. The legislation before sumers who pay their bills on time. The leg- lieve, will restrict credit for those who Congress would build on the Fed rules and islation scheduled for a Senate vote on Tues- don’t have the best credit reports. would further squeeze banks’ revenue when day does not cap interest rates, so banks can They’re really the people who probably they are being hit with a high rate of credit continue to lift them, albeit at a slower pace need credit the most. In fact, the sub- card charge-offs. The government’s stress and with greater disclosure. tests showed that the nation’s 19 biggest committee ranking member, Mr. ‘‘There will be one-size-fits-all pricing, and banks will take on $82 billion in credit card HENSARLING, referred to a New York as a result, you’ll see the industry will be losses in the next two years. Times article. Now, that article and an more egalitarian in terms of its revenue article that appeared in today’s Wash- base,’’ said David Robertson, publisher of the A 2005 report by the Government Account- ington Post really express some of the Nilson Report, which tracks the credit card ability Office estimated that 70 percent of same concerns that the gentleman business. card issuers’ revenue came from interest People who routinely pay off their credit charges, and the portion from penalty rates from Texas and I expressed 2 weeks appeared to be growing. The remainder came ago, which is that we are going to have card balances have been enjoying the equivalent of a free ride, he said, because many from fees on cardholders as well as retailers several things happen as a result of have not had to pay an annual fee even as for processing transactions. Many retailers this bill. they collect points for air travel and other are angry at the high fees and plan to pass One is we’re going to have a restric- perks. them on to shoppers once the Congressional tion of credit. The Washington Post ar- ‘‘Despite all the terrible things that have legislation takes effect. ticle does quote from the Financial been said, you’re making out like a bandit,’’ Consumer advocates say they have little Services Roundtable, but they say that he said. ‘‘That’s a third of credit card cus- sympathy for credit card issuers, arguing that they have made billions in recent years they believe that credit could be re- tomers, 50 million people who have gotten a great deal.’’ with unfair and sometimes deceptive prac- duced by as much as $2 billion. That’s Robert Hammer, an industry consultant, tices. not very good timing if that’s done, la- said the legislation might have the broad ef- ‘‘The business model will change because dies and gentlemen of the House. fect of encouraging card issuers to become the business model doesn’t work for the pub- As I have said and as I said yesterday ever more reliant on fees from marginal cus- lic,’’ said Gail Hillebrand, a senior lawyer at in the Rules Committee, I fear that tomers as well as creditworthy cardholders— Consumers Union. many Americans will not be able to ‘‘deadbeats’’ in industry parlance, because ‘‘In order to do business under the new renew their credit cards or I fear that they generate scant fee revenue. rules, they’ll actually have to tell you how ‘‘They aren’t charities. They have share- much it’s going to cost,’’ she said. their credit card lines will be reduced. holders to report to,’’ he said, referring to Sometimes maybe this is good, but I banks and credit card companies. ‘‘Whatever With many consumers mired in debt and think, in a time of economic crisis, it’s is left in the model to work from, they will angry at what they consider gouging by going to be somewhat ill-timed. start to maneuver.’’ credit card companies, the issue of credit Banks used to give credit cards only to the card reform has broad populist appeal. Mem- The New York Times and The Wash- bers of Congress and the Obama administra- ington Post both mention that they be- best consumers and charge them a flat interest rate of about 20 percent and an annual tion have seized on the discontent to push lieve, as a result of this legislation, fee. But with the relaxing of usury laws in reforms that the industry succeeded in tamp- you are not going to see any offers to some states, and the ready availability of ing down when the economy was flying high. transfer balances at zero percent. They credit scores in the late 1980s, banks began Austan Goolsbee, an economic adviser to also say the most creditworthy cus- offering cards with a variety of different in- President Obama, said that while the credit tomers, those who pay every month terest rates and fees, tying the pricing to the card industry had the right to make a rea- and who haven’t had to pay interest, credit risk of the cardholder. sonable profit as long as its contracts were That helped push interest rates down for in plain language and rule-breakers were will probably have to as a result of held accountable, its current practices were these changes. They probably will be many consumers, but they soared for riskier cardholders, who became a significant source akin to ‘‘a series of carjackings.’’ charged interest. There are predictions of revenue for the industry. The recent eco- ‘‘The card industry is giving the argument in here that there will be the return of nomic downturn challenged that formula, that if you didn’t want to be carjacked, why higher fees. I hope these predictions and banks started dumping the riskiest cus- weren’t you locking your doors or taking a don’t pan out. tomers and lowering their credit limits in different road?’’ Mr. Goolsbee said.

VerDate Nov 24 2008 03:52 May 21, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.050 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5837 [From the Washington Post, May 20, 2009] percent balance transfers are likely to be- cealed carry right and then enter into, CREDIT CARD RESTRICTIONS CLOSE TO come more rare. for example, the Cahaba River National ENACTMENT ‘‘This industry will start looking more like Wildlife Refuge, in my district, and be (By Nancy Trejos) a one-size-fits-all pricing approach which subject to a violation of Federal regu- dominated in the ’80s—18 percent interest Landmark credit card legislation, poised and $20 annual fees,’’ said David Robertson, lations, requiring weapons to be un- to reach President Obama’s desk by Memo- publisher of the Nilson Report, which covers loaded and to be kept out of reach. rial Day, will force the card industry to re- the industry. Customers who pay in full each I’ve cosponsored the National Parks invent itself and consumers to rethink the month will have ‘‘to start picking up the Firearm Bill here in the House to ad- way they use plastic. slack, to start pulling their weight.’’ dress what is a patchwork of regula- The Senate cleared a hurdle yesterday, Consumer advocates and legislators point- tions. To me, it would be a violation of voting 90 to 5 to pass a bill that would sharp- ed out that the legislation still allows ly curtail credit card issuers’ ability to raise the Constitution and of our Fore- issuers to raise interest rates for future pur- fathers’ intent if someone exercising interest rates and charge fees. Lawmakers chases as long as they give 45 days’ notice. It will now turn to reconciling differences with also does not set any interest rate caps, al- his Second Amendment right were to a similar bill approved by the House last lowing issuers to charge new customers any suddenly cross a line, go into a na- month. Swift passage was expected given rate they want. tional park and find himself facing a that the Senate version received so much bi- ‘‘This ominous we’re-going-back-in-time Federal judge and a fine because of the partisan support and that the White House threat doesn’t make a whole lot of sense,’’ uncertainty. has pressed for action. said Travis B. Plunkett, legislative affairs When Obama signs the bill into law as ex- I urge my colleagues to vote ‘‘yes’’ director at the Consumer Federation of on the Coburn amendment, which pected, the $960 billion credit card industry America. will go through a restructuring that could Bruised by a rise in delinquencies and a would eliminate the conflicting Fed- have broad implications for consumers. record percentage of debts they have had to eral regulations and would allow hon- The bill prohibits card companies from write off, some of the biggest players in the est citizens to carry firearms in na- raising interest rates on existing balances card industry, including Bank of America, tional parks and in wildlife refuges. unless a borrower is at least 60 days late. If Capital One and Chase, have already been in- b 1330 the cardholder pays on time for the following creasing interest rates and cutting credit six months, the company would have to re- limits even on customers who pay on time. I urge each of my colleagues—and I store the original rate. On cards with more Credit card issuers have come under fire know that credit card companies are than one interest rate, issuers will have to for such any-time, for-any-reason interest not very popular—but I urge them to apply payments first to the debts with the rate increases at a time when consumers are highest rates, which would help borrowers look at those Federal proposals that buckling under the weight of debt. Outraged are going into effect with or without pay off their cards more quickly. consumers have complained of mistreatment Treasury Secretary Timothy F. Geithner from the same companies that have been re- this bill and decide whether they want said the bill ‘‘will help create a more fair, ceiving federal bailout money. to roll the dice on legislation that transparent and simple consumer credit mar- The Senate bill, written by Banking Com- could very well in the next few months ket.’’ mittee Chairman Christopher J. Dodd (D- result in greater costs and fees. Card executives said the changes will force Conn.), would also restrict the ability of col- Yes, there are very many good things them to charge higher rates and annual fees lege students to get credit cards and require in this bill. I say that to the gentlelady to delinquent customers and those in good card companies to make contracts easier to standing. from New York and the gentleman understand and available online. from Massachusetts, the chairman. ‘‘This bill fundamentally changes the en- The House bill, authored by Rep. Carolyn tire business model of credit cards by re- B. Maloney (D–N.Y.), largely mirrors regula- Very good things. But I think that 99 stricting the ability to price credit for risk,’’ tions passed by the Federal Reserve in De- percent of them are contained in the said Edward L. Yingling, the chief executive cember that would ban many so-called unfair proposals by the Federal Reserve that of the American Bankers Association. He and deceptive practices. Both the House and will be implemented and have been said that lending would become more risky the Fed’s efforts are considered weaker than carefully thought out. and that, ‘‘It is a fundamental rule of lend- the Senate bill. Analysts and industry insid- ing that an increase in risk means that less Mr. FRANK of Massachusetts. I yield ers said the fact that the Senate bill received 2 minutes to the gentleman from Cali- credit will be available and that the credit so many votes is a good indication that it fornia (Mr. FARR). that is available will often have a higher in- will make it to Obama. terest rate.’’ The Federal Reserve’s new rules do not go Mr. FARR. Thank you very much for Scott Talbott, senior vice president of gov- into effect until July 2010. The House and yielding. I want to speak in favor of ernment affairs for the Financial Services Senate bills seek to accelerate that timeline. the bill and very adamantly opposed to Roundtable, an industry group, said avail- The Senate bill would be enacted nine the amendment. I think people are just able credit could be reduced by as much as $2 months after signing and the House bill 12 billion. misaddressing the whole issue. Na- months after. When credit cards were introduced about 50 tional parks have the significance of years ago, issuers practiced a one-size-fits- I want to mention one final thing. being national. And if you think that all approach of charging an annual fee and The gentlelady from California said it’s okay to carry guns in national roughly the same interest rate of about 18 that Senator COBURN’s amendment was parks, why not carry them into the Na- percent to everyone. As the industry became misplaced. I want to say that it’s well- tional Cemetery, into the national more deregulated in the 1980s, around the placed, and when that comes up, I want White House, into the national Capitol, time that credit scores were introduced, to urge the Members to support it and into the National Arboretum. The list issuers were able to separate the risky from the not-so-risky borrower and tailor the to vote ‘‘yes.’’ I applaud the action goes on and on. This is a dumb amend- terms of card contracts. taken by Mr. COBURN in the Senate. I ment—and Congress should be embar- The money they made from customers who think it’s important to law-abiding rassed that we have to vote on it. did not pay their bills in full each month be- citizens who want to exercise their People go to the national parks for a came an important revenue source. The in- Second Amendment rights. specific purpose—to enjoy the serenity dustry makes $15 billion annually from pen- The gentleman from Washington (Mr. of wildlife. Now you’re going to have alty fees, and one-fifth of consumers car- HASTINGS) pointed out that one Federal some gun nut come in there and see rying credit card debt pay an interest rate judge in one district in Washington ar- something rustling at night and decide above 20 percent, according to figures cited by the White House and compiled from the bitrarily, through a ruling, confused that maybe, Oh, I’m being attacked by Government Accountability Office and the the law and changed the law—law by a wild animal, or maybe something is Federal Reserve. judge. I want to associate myself with going on out in the bushes. To make up for the lost revenue, card the remarks of the gentleman from There are going to be problems with issuers will turn to those customers who pay Washington. The Coburn amendment this. It doesn’t make any sense. This is what they owe in full and on time every will provide uniformity on regulations a credit card bill. And there’s no pur- month, analysts said. Gone will be the days governing the possession of firearms in pose in the credit card bill to have a when creditworthy customers enjoyed the national parks and refuges, which is of gun bill. benefits of low interest rates and cards that offer rewards such as frequent flier miles and particular concern in carry and in We talk a lot about pork in this cash back, they said. Annual fees, which had right-to-carry States. House. I think this is an act of chicken. been banished to cards with rewards pro- In my own Alabama, a citizen could Anyway, this is a bad amendment, grams, are likely to return. Offers for zero be exercising his State-granted, con- and I hope that you’ll vote ‘‘yes’’ on

VerDate Nov 24 2008 03:52 May 21, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.054 H20MYPT1 jbell on PROD1PC69 with HOUSE H5838 CONGRESSIONAL RECORD — HOUSE May 20, 2009 the first vote and ‘‘no’’ on the second American Dream without credit The Coburn amendment would allow vote. cards.’’ many everyday disturbances, espe- Mr. HENSARLING. Mr. Speaker, I fear under this legislation that fam- cially if alcohol is involved, to spin out may I inquire how much time is re- ilies like the Blanks family of of control towards a possibly lethal maining on both sides. Fruitdale will lose their credit cards. end. The dedicated park rangers and The SPEAKER pro tempore. The gen- I heard from the Vehon family in wildlife refuge staff would be put at tleman from Texas has 41⁄2 minutes and Rowlett, also in the Fifth District of risk and their jobs would become even the gentleman from Massachusetts has Texas. ‘‘In the fall of 2004, my wife and more difficult. Also, wildlife will be at 161⁄2 minutes. I were laid off from our jobs at the risk with increased poaching if visitors Mr. HENSARLING. Mr. Speaker, I same time. Needless to say, the layoff are able to carry loaded weapons into yield myself the balance of our time. was quite a shock, and without access the parks. In addition to more poach- First, Mr. Speaker, I don’t spend all to our credit cards at the time, frank- ing, vandalism would increase, putting of my time observing the processes and ly, I don’t know what we would have fragile natural resources at risk. procedures and ways of the other body done. The former rangers, the former retir- so I don’t know how these two par- ‘‘Due to the flexibility that credit ees from the Park Service have all ticular issues managed to get commin- cards can supply to responsible people stated unanimously that this thing is gled. Having said that, I can’t think of in challenging times like I have de- not needed. I think that it would be up- any bad time to stand up for the Sec- scribed, we were able to stay pretty setting for many visitors to the parks ond Amendment rights of our citi- current on our bills.’’ to know that they run a risk of an en- I heard from the Juarez family in zenry. Again, it appears to me that one counter with someone who’s carrying a Mesquite, Texas, that I have the honor lone, perhaps rogue Federal judge has loaded gun. tried to put a dent into the Second of representing in Congress. ‘‘I oppose With the number of school groups Amendment rights of our citizens. this legislation, as I have utilized my who visit these places, it would be a credit cards to pay for some costly oral I was happy in the last Congress to real shame that their attendance drops surgeries. I do not want to get penal- introduce H.R. 5434, the Protecting due to the fear of loaded weapons. Americans from Violent Crime Act, ized by this legislation for making my So I strongly, as chairman of the In- that would have taken care of this payments on time.’’ terior and Environment Appropriations Again, Mr. Speaker, this legislation issue. Again, this is a bedrock principle Subcommittee, oppose this amendment is not fair to the Juarez family, it is embedded in our Constitution. The citi- and urge it to be struck from this legis- not fair to the Vehon family, it is not zens need to have their right to keep lation, and I thank the chairman for fair to the Blanks family, it is not fair and bear arms protected, even on this to millions of other families across our yielding. Federal property, particularly when Mr. FRANK of Massachusetts. I yield land who desperately need their credit incidences of violence at Federal parks myself such time as I may consume. I cards. And I urge that we reject this has shown increases, upticks. But re- repeat, the National Federation of conference report. gardless, we cannot allow the Constitu- I yield back the balance of my time. Independent Businesses says this is tion of the United States to be amend- Mr. FRANK of Massachusetts. Mr. good for small businesses, this bill, be- ed in such an unconstitutional fashion. Speaker, I yield myself such time as I cause they have been victimized. It So I’m happy to raise my voice in sup- may consume. Let me begin by re- will in no way cause there to be a fail- port of that. sponding to the gentleman from Texas’ ure to offer a credit card to a business Back to the credit card issue at reference to small business. The Na- that can pay it back. Nothing in this hand—and I will try not to use the en- tional Federation of Independent Busi- bill remotely suggests that. tire 41⁄2 minutes. We have had testi- ness supports this bill. So the sugges- There was also, as I said, a somewhat mony from the Congressional Research tion that this will somehow have a neg- implausible argument. The New York Service, we have had testimony from ative effect on small business is repudi- Times quoted people in the credit card academics, we have had testimony ated by the active support for the bill industry saying, If you do this, we from community bankers. We have of the organization that has generally won’t like it, and we may raise rates. seen the history. We have seen the his- been identified as the major spokes-or- The notion that if we pass this bill tory of what has happened in Great ganization for that, the National Fed- rates will be raised on the great major- Britain. eration of Independent Business. ity makes this mistake. The assump- There are huge unintended con- Secondly, there was a premise here tion is that there is money now laying sequences associated with this legisla- that I find very faulty. The gentleman on the table that the beneficent credit tion. The people who pay their credit from Texas quoted the New York card companies voluntarily forgo. card bills in full, on time, are about to Times and others, and they have said— Under the principles of free enterprise, be punished. They will be forced to bail Mr. Speaker, I’m going to interrupt the business is legally entitled and mo- out those who don’t. They will end up myself at this point, if I may. The tivated to charge as much as it can. paying annual fees. They will end up chairman of the Appropriations Sub- That argument only makes sense if you paying higher interest rates. They will committee on the Interior has come in. think they are voluntarily reducing see such things as member rewards pro- I assume he wanted to speak. money that they could get from some grams contract. I will now yield 2 minutes to the gen- of the customers. Of course, they’re I believe this to be patently unfair, tleman from Washington (Mr. DICKS). not. No one expects them to. Mr. Speaker, and it will be caused by Mr. DICKS. Thank you, Mr. Chair- But the most important thing here is this legislation. Again, I think the in- man. I rise in strong opposition to the the conflict that I see in my friend on tentions are pure. I think the inten- Coburn amendment, which was adopted the other side. The gentleman from tions are noble. But such will be the in the other body. It will make our Alabama repeatedly said what we consequences of this legislation. parks less safe. According to the FBI, should do is stick with the Federal Re- In the middle of a huge credit crisis our national parks currently are serve’s rules. The gentleman from we will take credit cards away from among the safest place in the country. Texas, as I heard him, didn’t say that. people who desperately need them. We The current regulations were put in There’s a difference here. This is a will end up taking them away from place by Ronald Reagan and James case—and maybe they caught it, and families like the Blanks family of Watt, and what they want to do here is maybe not. It may be one of those Fruitdale in the Fifth District of change that. I think it’s a big mistake. cases where the right hand doesn’t Texas, who wrote to me, ‘‘Congress- There were only 1.65 violent crimes know what the far-right hand is saying. man, my new business would not have per 100,000 visitors in 2006. Compare Because to the extent that there is any been started if not for my credit and that to nearly 470 violent crimes per restriction on rates, it is identical in credit cards. My existing job will be 100,000 for the nationwide average. the Federal Reserve’s rules as in this gone, and it is forcing me to do what I Clearly, the argument that these guns bill. really want to do anyway.’’ He goes on are needed for visitors to be safe is sim- So there is a fundamental difference to say, ‘‘I couldn’t have achieved the ply not true. between the approach taken by the

VerDate Nov 24 2008 03:52 May 21, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.054 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5839 gentleman from Alabama and the gen- doesn’t like what the Federal Reserve By the way, the notion that this mar- tleman from Texas. The gentleman did—the gentleman from Alabama said, ket works perfectly is somewhat rebut- from Alabama says, Adopt what the If the Federal Reserve is right, why ted by the fact that we’re told that one Fed said. The gentleman from Texas don’t you stop there? of the crises now coming is credit card specifically objected to that provision b 1345 debt that’s going to be a problem, in our committee. And what the New securitized credit card debt because York Times article is aimed at—the Because we do some things the Fed- there were some imprudent things. So quotes from the credit card people—is eral Reserve doesn’t do, one. Two, be- if this bill means that there will be that provision that’s in the Federal Re- cause many of us believe—and I have to some credit cards that won’t be issued, say, my conservative friends flip-flop serve. good. Because they have been impru- on the Federal Reserve issue with a By the way, it does nothing to cap in- dent in doing that. But people who pay speed that dazzles me. Sometimes the terest rates going forward. That is a will not have a problem. straw argument. The only restriction Federal Reserve is this undemocratic So just in summary, this bill does institution which people worry about. on rates here, on interest rates, is to not restrict credit card interest going Other times we should delegate signifi- say that you cannot raise them retro- forward. Maybe that’s what they did in cant legislative authority to them. the United Kingdom. It does not inter- actively. I’m glad they acted. By the way, the Now the Federal Reserve also says fere with small business, in the opinion Federal Reserve only acted after party that. So the gentleman from Alabama control of the Congress changed. In of the National Federation of Inde- agrees. The gentleman from Texas, 2007 we began to move on this, and then pendent Business. It agrees with the who’s an honest believer in no restric- they acted. Federal Reserve that you should not tions, says ‘‘no.’’ In fact, in our com- There’s another side point. Let me raise rates retroactively. On that one, mittee debate he cited an example of say this. Several of my colleagues said, it’s the gentleman from Alabama, the when he thought a company would be Well, this has got good stuff in it. It’s Federal Reserve, and myself; the gen- justified in raising rates retroactively. got disclosure. You know, if the Repub- tleman from Texas and some others He said, Suppose someone owes a licans, when they were in the majority, who are on the other side, a legitimate company interest on debt already in- had broken out of this absolute slavish difference of opinion. But we also have curred and has been meeting the reg- assumption that no regulation is ever some consumer protections not in what ular scheduled payments, but either any good, in effect—they don’t say it the Federal Reserve did. goes to prison or loses his or her job. quite like that, but that is the prac- I would also say, this notion that we The gentleman from Texas said, If you tical effect—if they had, when they should leave public policy to the have been paying the credit card com- were in power from 1995 to 2006, passed unelected Federal Reserve and that pany on a regular basis, and you lose something that had the good parts of Congress should not step in also and your job, they should be legally al- this bill, we might have not been here act I think is one that underestimates lowed to raise the rates on what you today on this bill because that might the role of elected officials and democ- already owe them. have chastened the companies. So they racy in our country. We disagree. So does the Federal Re- now find things in this bill that they Now I disagreed with the gun amend- serve. So, apparently, does the gen- like, but they refuse to do them. The ment. I wish it hadn’t been in there. I tleman from Alabama, because he sup- gentleman from New York was pushing don’t control the rules in the Senate. I ports what the Federal Reserve says. for some of this. intend to vote against it. In my judg- Mr. HENSARLING. Will the gen- During their 12 years—and by the ment, the value of the credit card bill tleman yield? way, that’s a pattern. During the 12 outweighs the harm that I think that Mr. FRANK of Massachusetts. I will years of Republican rule, there were no would do. I would say, some Members yield to my friend from Texas. financial regulations. There was some on the other side may have a dilemma. Mr. HENSARLING. Was that not al- deregulation. There was nothing about Many of them strongly welcomed the ready embedded in the legislation, in the subprime or credit cards. We came amendment of the gentleman from that one of the four opportunities for to power and have begun to deal with Oklahoma. But understand that unless credit card companies to raise interest it. We are dealing with the negative both pieces pass, nothing passes. So no rates retroactively is when people consequences of lack of regulation. matter how strongly you support the don’t meet their workout plans. Would But to go back to the point, we go be- gentleman from Oklahoma’s amend- that not be one of the reasons? yond the Federal Reserve. There is one ment, if Members succeed in defeating Mr. FRANK of Massachusetts. The area where, regrettably, we don’t go the credit card part of it, that fails. gentleman is quite wrong. I said—and beyond the Federal Reserve. The gen- I do have to caution them that the he didn’t listen, as he may not have lis- tleman from Alabama correctly noted Federal Reserve cannot come to their tened to the gentleman from Alabama, that our colleague from Illinois (Mr. rescue, as they are prone to have it do. because he didn’t express disagreement SCHOCK) had a good amendment involv- They may want to delegate legislative with him—I said, If people are meeting ing your credit rating. Unfortunately, powers to the Federal Reserve. I don’t. their obligation under the bill that we while we accepted that amendment, it But I do not think the Federal Reserve, put forward and under the Federal Re- was left out of the final bill because of in the most expansive reading of sec- serve’s rules, if you’re meeting your the objections of the ranking Senate tion 13(3), can mandate that you carry obligations, if you’re making your pay- Republican, the gentleman from Ala- a gun in a national park. ments on time, they cannot raise your bama, Mr. SHELBY. So, Mr. Speaker, I hope that the rates retroactively. I fought for the inclusion of the gen- credit card part passes, that the gun I see members of the staff checking it tleman from Illinois’ amendment. I part does not; but in any case, I hope out. They will find out what I’m saying spoke to him. I urged him to join in, that this bill is sent to the President. is accurate. but it was reported to me by the lead- Ms. McCOLLUM. Mr. Speaker, I rise today If you are meeting your obligations, ership of the committee that that in strong support of a ‘‘gun free’’ Credit Card- you cannot have the rate raised. What amendment from the gentleman from holders’ Bill of Rights, a bill which is intended the gentleman from Texas said is, Sup- Illinois was unfortunately rejected by to protect American consumers and requires pose you lose your job. Well, losing the objections of Mr. SHELBY. So we financial institutions to work responsibly with your job, if you are otherwise meeting didn’t get that one. their customers. This legislation will eliminate your obligations, should not mean that We did get a very good amendment the most egregious billing excesses imposed they can raise your rate retroactively. that the Federal Reserve didn’t have, on customers and protect them from extreme We are only talking about in this bill sponsored by the gentleman from fees and penalties. I commend Congress- retroactive raises. There is no limita- North Carolina (Mr. JONES), to require woman MALONEY and Chairman FRANK for tion going forward. that the estate of a decedent be cor- their leadership to pass this important legisla- Now the gentleman from Alabama rectly done. We also have some rules in tion. also said, Well, if the Federal Reserve here about not sending credit cards to Unfortunately, Credit Cardholders’ Bill of is right—the gentleman from Texas people under 18. Rights was returned to the U.S. House tainted

VerDate Nov 24 2008 03:52 May 21, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\K20MY7.056 H20MYPT1 jbell on PROD1PC69 with HOUSE H5840 CONGRESSIONAL RECORD — HOUSE May 20, 2009 by an irresponsible amendment offered by The SPEAKER pro tempore. All time Jackson (IL) Michaud Schmidt Jackson-Lee Miller (MI) Schock OM OBURN for debate has expired. Senator T C and supported by sixty- (TX) Miller (NC) Schrader six other U.S. Senators clearly more interested Pursuant to House Resolution 456, Johnson (GA) Miller, George Schwartz in their National Rifle Association rating than the previous question is ordered. Johnson (IL) Minnick Scott (GA) public safety. Senator COBURN’s amendment The question of adoption of the mo- Johnson, E. B. Mitchell Scott (VA) Jones Mollohan Sensenbrenner to allow people to carry loaded, concealed tion is divided. The first portion of the Kagen Moore (KS) Serrano firearms in America’s National Park System is divided question is: Will the House con- Kanjorski Moore (WI) Sestak nothing short of insane and a political game cur in all of the provisions of the Sen- Kaptur Moran (KS) Shea-Porter Kennedy Moran (VA) played at the expense of millions of families ate amendment other than section 512? Sherman Kildee Murphy (CT) Shimkus who will visit our national parks seeking enjoy- The question is on the first portion of Kilpatrick (MI) Murphy (NY) Shuler ment, recreation, and peace. By permitting the divided question. Kilroy Murphy, Patrick Shuster Kind Murphy, Tim loaded guns in national parks, the Coburn The question was taken; and the Simpson amendment endangers the safety of park visi- King (NY) Murtha Sires Speaker pro tempore announced that Kingston Nadler (NY) Skelton tors, park rangers, and wildlife. the ayes appeared to have it. Kirk Napolitano Slaughter America’s national parks are some of our Kirkpatrick (AZ) Neal (MA) Smith (NJ) RECORDED VOTE country’s most precious national treasures. Kissell Nye Smith (TX) Our national parks are not only the millions of Mr. FRANK of Massachusetts. Mr. Klein (FL) Oberstar Smith (WA) Kosmas Obey Snyder acres of wild lands but also include urban Speaker, I demand a recorded vote. Kratovil Olver A recorded vote was ordered. Souder parks like New York’s Statue of Liberty and Kucinich Ortiz Space the National Mall and Lincoln Memorial in The SPEAKER pro tempore. Pursu- Lance Pallone Spratt Langevin Pascrell Stearns Washington, DC—just footsteps from the U.S. ant to clause 8 and clause 9 of rule XX, Larsen (WA) Pastor (AZ) Stupak Capitol. What rationale is there for the need to this 15-minute vote on the first portion Larson (CT) Paulsen Sutton Latham Payne carry a concealed weapon on the steps of the of the divided question, that is, concur- Tanner LaTourette Perlmutter Lincoln Memorial? The only rationale can be ring in all but section 512 of the Senate Tauscher Lee (CA) Perriello Taylor for politicians to score political points with the amendment will be followed by 5- Lee (NY) Peters Teague NRA. minute votes on the second portion of Levin Peterson Terry Lewis (CA) Petri Families and foreign visitors to our national the divided question, concurring in sec- Thompson (CA) Lewis (GA) Pingree (ME) parks should be worried, I am. Individuals car- Thompson (MS) tion 512 of the Senate amendment, if Lipinski Pitts Tiberi rying loaded, concealed weapons would be al- ordered; and suspending the rules and LoBiondo Platts lowed to attend ranger-led hikes and campfire agreeing to House Resolution 297, if or- Loebsack Pomeroy Tierney Titus programs along with families. Park Rangers, dered. Lofgren, Zoe Posey Lowey Price (NC) Tonko who are already the most assaulted federal of- The vote was taken by electronic de- Luetkemeyer Putnam Towns ficers in the country according to the National vice, and there were—ayes 361, noes 64, Luja´ n Quigley Tsongas Parks Conservation Association, would face Lummis Radanovich Turner not voting 8, as follows: Upton even greater life threatening safety risks. And Lungren, Daniel Rahall [Roll No. 276] E. Rangel Van Hollen park visitors would no longer have the assur- Vela´ zquez AYES—361 Lynch Rehberg ance that our national parks are safe, secure Maffei Reichert Visclosky places for themselves and their families. Abercrombie Cardoza Engel Maloney Reyes Walden I am not alone in this position. Last year, in Ackerman Carnahan Eshoo Manzullo Richardson Walz Aderholt Carney Etheridge Markey (CO) Rodriguez Wamp a letter to the Secretary of Interior, seven Adler (NJ) Carson (IN) Fallin Markey (MA) Roe (TN) Wasserman former directors of the National Park Service Akin Cassidy Farr Marshall Rogers (AL) Schultz voiced strong concerns with allowing loaded Alexander Castle Fattah Massa Rogers (KY) Waters Altmire Castor (FL) Filner guns in national parks, citing increased risk of Matheson Rogers (MI) Watson Andrews Chandler Fleming Matsui Rohrabacher Watt poaching, vandalism of historic resources, and Arcuri Childers Forbes McCarthy (NY) Rooney Waxman risk to visitors. The Association of National Austria Clarke Fortenberry McCaul Ros-Lehtinen Weiner Baca Clay Foster McCollum Ross Welch Park Rangers and U.S. Park Rangers Lodge, Baird Cleaver Frank (MA) Fraternal Order of Police, have stated that al- McCotter Rothman (NJ) Wexler Baldwin Clyburn Frelinghuysen McDermott Roybal-Allard Whitfield lowing visitors to carry readily-accessible, Barrow Coffman (CO) Fudge McGovern Ruppersberger Wilson (OH) loaded firearms would impede both their safe- Bartlett Cohen Gallegly McHugh Rush Wilson (SC) Barton (TX) Cole Gerlach McIntyre Ryan (OH) Wittman ty and the ability to keep our parks safe. Bean Connolly (VA) Giffords This is a shameful example of the failure of McKeon Salazar Wolf Becerra Conyers Gingrey (GA) McMahon Sanchez, Loretta Woolsey the legislative process and I would urge Presi- Berkley Cooper Gohmert McNerney Sarbanes Wu dent Obama to veto the Credit Cardholders’ Berman Costa Gonzalez Meek (FL) Schakowsky Yarmuth Bill of Rights and send it back to Congress to Berry Costello Gordon (TN) Meeks (NY) Schauer Young (AK) Biggert Courtney Granger Melancon Schiff Young (FL) take the guns out. Bilbray Crenshaw Graves Mr. MICA. Mr. Speaker, though I found sev- Bilirakis Crowley Grayson NOES—64 eral provisions in this bill today to be good, I Bishop (GA) Cuellar Green, Al Bishop (NY) Culberson Green, Gene Bachus Hensarling Miller, Gary am afraid that in the long-run this legislation Blumenauer Cummings Griffith Bishop (UT) Herger Myrick will hurt credit card consumers, so I reluctantly Blunt Dahlkemper Grijalva Blackburn Herseth Sandlin Neugebauer voted against it. Boccieri Davis (AL) Guthrie Boehner Inglis Nunes Bonner Jenkins Some worthwhile provisions of note include Bono Mack Davis (CA) Gutierrez Olson Boozman Davis (IL) Hall (NY) Brady (TX) Johnson, Sam Paul consumer protections. Raising interest rates Boren Davis (TN) Hall (TX) Broun (GA) Jordan (OH) Pence without fair and timely notice is wrong, as is Boswell DeFazio Halvorson Burton (IN) King (IA) Poe (TX) Cantor Kline (MN) applying a penalty interest rate to your existing Boucher DeGette Hare Price (GA) Carter Lamborn Boustany Delahunt Harman Roskam debt. Another good provision provides for ade- Chaffetz Latta Boyd DeLauro Harper Royce quate time to receive and pay your bill on time Coble Linder Brady (PA) Dent Hastings (FL) Ryan (WI) using the mail. I particularly liked the section Bright Diaz-Balart, L. Heinrich Conaway Lucas Davis (KY) Mack Scalise that protects young people from getting in over Brown (SC) Diaz-Balart, M. Higgins Sessions Brown, Corrine Dicks Hill Deal (GA) Marchant their heads before they even start adult life. Flake McCarthy (CA) Shadegg Brown-Waite, Dingell Himes Smith (NE) My concerns are that there will be fewer Ginny Doggett Hinchey Foxx McClintock Sullivan credit cards and less credit to individuals and Buchanan Donnelly (IN) Hirono Franks (AZ) McHenry Thompson (PA) Burgess Doyle Hodes Garrett (NJ) McMorris businesses that need it. Fees will go up on Thornberry Butterfield Dreier Hoekstra Goodlatte Rodgers those who tried to pay on time. Buyer Driehaus Holden Hastings (WA) Mica Tiahrt I am afraid this bill in the end will extend our Calvert Duncan Holt Heller Miller (FL) Westmoreland recession, cost those who currently hold cards Camp Edwards (MD) Honda NOT VOTING—8 more and deny those seeking cards access to Campbell Edwards (TX) Hoyer Cao Ehlers Hunter Bachmann Polis (CO) Stark the credit they need very badly. Capito Ellison Inslee Barrett (SC) Sa´ nchez, Linda Mr. FRANK of Massachusetts. I yield Capps Ellsworth Israel Braley (IA) T. back the balance of my time. Capuano Emerson Issa Hinojosa Speier

VerDate Nov 24 2008 04:03 May 21, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.070 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5841 b 1415 Kind Minnick Salazar Waxman Wexler Wu King (IA) Mitchell Scalise Weiner Woolsey Yarmuth Messrs. NUNES and GARY G. MIL- King (NY) Mollohan Schauer NOT VOTING—7 LER of California changed their vote Kingston Moran (KS) Schmidt from ‘‘aye’’ to ‘‘no.’’ Kirkpatrick (AZ) Murphy (NY) Schock Bachmann Polis (CO) Speier Kissell Murphy, Patrick Schrader Barrett (SC) Sa´ nchez, Linda Stark Messrs. BILBRAY, MINNICK, Kline (MN) Murphy, Tim Sensenbrenner Braley (IA) T. RADANOVICH, AKIN and GINGREY of Kratovil Murtha Sessions Georgia changed their vote from ‘‘no’’ Lamborn Myrick Shadegg b 1424 Lance Neugebauer Shimkus to ‘‘aye.’’ Latham Nunes Shuler Messrs. HINOJOSA and DAVIS of Il- So the first portion of the divided LaTourette Nye Shuster linois changed their vote from ‘‘yea’’ to question was adopted. Latta Oberstar Simpson ‘‘nay.’’ Lee (NY) Obey Sires The result of the vote was announced Lewis (CA) Olson Skelton So the second portion of the divided as above recorded. Linder Ortiz Smith (NE) question was adopted. So the first portion of the divided LoBiondo Pallone Smith (NJ) The result of the vote was announced Lucas Paul Smith (TX) question was adopted. Luetkemeyer Paulsen Smith (WA) as above recorded. The result of the vote was announced Lummis Pence Souder A motion to reconsider was laid on as above recorded. Lungren, Daniel Perlmutter Space the table. E. Perriello Spratt Stated against: Stated for: Mack Peterson Stearns Mr. HINOJOSA. Mr. Speaker, on rollcall No. Maffei Petri Stupak Mr. KENNEDY. Mr. Speaker, it was my in- 276, had I been present, I would have voted Manzullo Pitts Sullivan tention to vote ‘‘nay’’ on question of passage Marchant Platts Tanner of Senate Amendment 512 of H.R. 627 (roll- ‘‘aye.’’ Markey (CO) Poe (TX) Taylor The SPEAKER pro tempore (Mr. Marshall Pomeroy Teague call vote 277). I case a vote of ‘‘aye’’ in error. HOLDEN). The second portion of the di- Massa Posey Terry I strongly support regulations to restrict individ- vided question is: Will the House con- Matheson Price (GA) Thompson (MS) uals from bringing concealed or loaded weap- McCarthy (CA) Putnam Thompson (PA) ons into our country’s national parks. cur in section 512 of the Senate amend- McCaul Radanovich Thornberry ment? McClintock Rahall Tiahrt f The question is on the second portion McCotter Rehberg Tiberi of the divided question. McHenry Reichert Titus RECOGNIZING NATIONAL MISSING McHugh Reyes Turner CHILDREN’S DAY The question was taken; and the McIntyre Rodriguez Upton Speaker pro tempore announced that McKeon Roe (TN) Walden The SPEAKER pro tempore. The un- McMorris Rogers (AL) Walz finished business is the question on the ayes appeared to have it. Rodgers Rogers (KY) Wamp Mr. ROGERS of Michigan. Mr. McNerney Rogers (MI) Welch suspending the rules and agreeing to Speaker, on that I demand the yeas Meek (FL) Rohrabacher Westmoreland the resolution, H. Res. 297. and nays. Meeks (NY) Rooney Whitfield The Clerk read the title of the resolu- Melancon Ros-Lehtinen Wilson (OH) The yeas and nays were ordered. Mica Roskam Wilson (SC) tion. The SPEAKER pro tempore. This Michaud Ross Wittman The SPEAKER pro tempore. The will be a 5-minute vote. Miller (FL) Royce Wolf question is on the motion offered by Miller (MI) Ryan (OH) Young (AK) the gentleman from New York (Mr. The vote was taken by electronic de- Miller, Gary Ryan (WI) Young (FL) vice, and there were—yeas 279, nays TONKO) that the House suspend the 147, not voting 7, as follows: NAYS—147 rules and agree to the resolution, H. [Roll No. 277] Abercrombie Hall (NY) Moran (VA) Res. 297. Ackerman Hare Murphy (CT) The question was taken. YEAS—279 Andrews Harman Nadler (NY) The SPEAKER pro tempore. In the Aderholt Cantor Foster Baird Hastings (FL) Napolitano opinion of the Chair, two-thirds being Adler (NJ) Cao Foxx Baldwin Himes Neal (MA) Akin Capito Franks (AZ) Becerra Hinojosa Olver in the affirmative, the ayes have it. Alexander Cardoza Frelinghuysen Berman Hirono Pascrell RECORDED VOTE Altmire Carney Gallegly Bishop (NY) Holt Pastor (AZ) Mr. HASTINGS of Florida. Mr. Arcuri Carter Garrett (NJ) Blumenauer Honda Payne Austria Cassidy Gerlach Brady (PA) Hoyer Peters Speaker, I demand a recorded vote. Baca Chaffetz Giffords Brown, Corrine Inslee Pingree (ME) A recorded vote was ordered. Bachus Chandler Gingrey (GA) Butterfield Israel Price (NC) Barrow Childers Gohmert Capps Jackson (IL) The SPEAKER pro tempore. This Quigley will be a 5-minute vote. Bartlett Coble Goodlatte Capuano Jackson-Lee Rangel Barton (TX) Coffman (CO) Gordon (TN) Carnahan (TX) Richardson The vote was taken by electronic de- Bean Cole Carson (IN) Johnson, E. B. Granger Rothman (NJ) vice, and there were—ayes 423, noes 0, Berkley Conaway Graves Castle Kaptur Roybal-Allard Berry Costa Grayson Castor (FL) Kildee not voting 10, as follows: Ruppersberger Biggert Costello Green, Gene Clarke Kilpatrick (MI) Rush [Roll No. 278] Bilbray Courtney Griffith Clay Kilroy Sanchez, Loretta Bilirakis Crenshaw Guthrie Cleaver Kirk AYES—423 Sarbanes Bishop (GA) Cuellar Hall (TX) Clyburn Klein (FL) Abercrombie Bishop (UT) Calvert Bishop (UT) Culberson Halvorson Cohen Kosmas Schakowsky Ackerman Blackburn Camp Blackburn Dahlkemper Harper Connolly (VA) Kucinich Schiff Aderholt Blumenauer Campbell Blunt Davis (AL) Hastings (WA) Conyers Langevin Schwartz Adler (NJ) Blunt Cantor Boccieri Davis (KY) Heinrich Cooper Larsen (WA) Scott (GA) Akin Boccieri Cao Boehner Davis (TN) Heller Crowley Larson (CT) Scott (VA) Alexander Boehner Capito Bonner Deal (GA) Hensarling Cummings Lee (CA) Serrano Altmire Bonner Capps Bono Mack DeFazio Herger Davis (CA) Levin Sestak Andrews Bono Mack Capuano Boozman DeGette Herseth Sandlin Davis (IL) Lewis (GA) Shea-Porter Arcuri Boozman Cardoza Boren Dent Higgins Delahunt Lipinski Sherman Austria Boren Carnahan Boswell Diaz-Balart, L. Hill DeLauro Loebsack Slaughter Baca Boswell Carney Boucher Diaz-Balart, M. Hinchey Dicks Lofgren, Zoe Snyder Bachus Boucher Carson (IN) Boustany Dingell Hodes Doggett Lowey Sutton Baird Boustany Carter Boyd Donnelly (IN) Hoekstra Doyle Luja´ n Tauscher Baldwin Boyd Cassidy Brady (TX) Dreier Holden Edwards (MD) Lynch Thompson (CA) Barrow Brady (PA) Castle Bright Driehaus Hunter Ellison Maloney Tierney Bartlett Brady (TX) Castor (FL) Broun (GA) Duncan Inglis Engel Markey (MA) Tonko Barton (TX) Bright Chaffetz Brown (SC) Edwards (TX) Issa Eshoo Matsui Towns Bean Broun (GA) Chandler Brown-Waite, Ehlers Jenkins Farr McCarthy (NY) Tsongas Becerra Brown (SC) Childers Ginny Ellsworth Johnson (GA) Fattah McCollum Van Hollen Berkley Brown, Corrine Clarke Buchanan Emerson Johnson (IL) Filner McDermott Vela´ zquez Berman Brown-Waite, Clay Burgess Etheridge Johnson, Sam Frank (MA) McGovern Visclosky Berry Ginny Cleaver Burton (IN) Fallin Jones Fudge McMahon Wasserman Biggert Buchanan Clyburn Buyer Flake Jordan (OH) Gonzalez Miller (NC) Schultz Bilbray Burgess Coble Calvert Fleming Kagen Green, Al Miller, George Waters Bilirakis Burton (IN) Coffman (CO) Camp Forbes Kanjorski Grijalva Moore (KS) Watson Bishop (GA) Butterfield Cohen Campbell Fortenberry Kennedy Gutierrez Moore (WI) Watt Bishop (NY) Buyer Cole

VerDate Nov 24 2008 04:03 May 21, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.060 H20MYPT1 jbell on PROD1PC69 with HOUSE H5842 CONGRESSIONAL RECORD — HOUSE May 20, 2009 Conaway Hunter Mollohan Space Tierney Watt b 1435 Connolly (VA) Inglis Moore (KS) Spratt Titus Waxman Conyers Inslee Moore (WI) Stearns Tonko Weiner IN THE COMMITTEE OF THE WHOLE Cooper Israel Moran (KS) Stupak Towns Welch Accordingly, the House resolved Costa Issa Moran (VA) Sullivan Tsongas Westmoreland itself into the Committee of the Whole Sutton Turner Costello Jackson (IL) Murphy (CT) Wexler House on the state of the Union for the Courtney Jackson-Lee Murphy (NY) Tanner Upton Whitfield Crenshaw (TX) Murphy, Patrick Tauscher Van Hollen Wilson (OH) consideration of the bill (H.R. 2352) to Taylor Vela´ zquez Crowley Jenkins Murphy, Tim Wilson (SC) amend the Small Business Act, and for Teague Visclosky Cuellar Johnson (GA) Myrick Wittman other purposes, with Mr. HOLDEN in the Culberson Johnson (IL) Nadler (NY) Terry Walden Wolf Cummings Johnson, E. B. Napolitano Thompson (CA) Walz chair. Woolsey Dahlkemper Johnson, Sam Neal (MA) Thompson (MS) Wamp The Clerk read the title of the bill. Wu Davis (AL) Jones Neugebauer Thompson (PA) Wasserman The CHAIR. Pursuant to the rule, the Yarmuth Davis (CA) Jordan (OH) Nunes Thornberry Schultz Young (AK) bill is considered read the first time. Davis (IL) Kagen Nye Tiahrt Waters The gentlewoman from New York Davis (KY) Kanjorski Oberstar Tiberi Watson Young (FL) (Ms. VELA´ ZQUEZ) and the gentleman Davis (TN) Kaptur Obey NOT VOTING—10 Deal (GA) Kennedy Olson from Missouri (Mr. GRAVES) each will DeFazio Kildee Olver Bachmann Murtha Sa´ nchez, Linda control 30 minutes. DeGette Kilpatrick (MI) Ortiz Barrett (SC) Polis (CO) T. The Chair recognizes the gentle- Delahunt Kilroy Pallone Braley (IA) Rush Speier woman from New York. DeLauro Kind Pascrell Frelinghuysen Stark ´ Dent King (IA) Pastor (AZ) Ms. VELAZQUEZ. Mr. Chairman, I ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Diaz-Balart, L. King (NY) Paul yield myself as much time as I may Diaz-Balart, M. Kingston Paulsen The SPEAKER pro tempore (Mr. consume. Dicks Kirk Payne LUJA´ N) (during the vote). There is 1 Mr. Chairman, I rise in support of Dingell Kirkpatrick (AZ) Pence minute remaining. this measure which will update and im- Doggett Kissell Perlmutter prove the SBA’s ED programs. This bill Donnelly (IN) Klein (FL) Perriello b 1433 Doyle Kline (MN) Peters is a bipartisan product and will not Dreier Kosmas Peterson Mr. JOHNSON of Georgia changed his only strengthen small firms but will Driehaus Kratovil Petri vote from ‘‘no’’ to ‘‘aye.’’ Duncan Kucinich Pingree (ME) help them create new jobs for Amer- Edwards (MD) Lamborn Pitts So (two-thirds being in the affirma- ican workers. Edwards (TX) Lance Platts tive) the rules were suspended and the This week, we are honoring our Na- Ehlers Langevin Poe (TX) resolution was agreed to. tion’s job creators, the entrepreneurs Ellison Larsen (WA) Pomeroy The result of the vote was announced who generate roughly 70 percent of all Ellsworth Larson (CT) Posey Emerson Latham Price (GA) as above recorded. new positions. As we celebrate Small Engel LaTourette Price (NC) A motion to reconsider was laid on Business Week this year, we find our- Eshoo Latta Putnam the table. selves in a different place than in cele- Etheridge Lee (CA) Quigley brations past. The economic landscape Fallin Lee (NY) Radanovich f Farr Levin Rahall has changed considerably, and in the Fattah Lewis (CA) Rangel GENERAL LEAVE face of an historic recession, small Filner Lewis (GA) Rehberg Mr. FRANK of Massachusetts. Mr. firms cannot always go it alone. After Flake Linder Reichert all, starting and running a small busi- Fleming Lipinski Reyes Speaker, I ask unanimous consent that Forbes LoBiondo Richardson all Members have 5 legislative days ness is no easy lift, even when times Fortenberry Loebsack Rodriguez within which to revise and extend their are good. That is why the Job Creation Foster Lofgren, Zoe Roe (TN) remarks on H.R. 627 and include extra- Through Entrepreneurship Act is so Foxx Lowey Rogers (AL) Frank (MA) Lucas Rogers (KY) neous material thereon. important. It revs up the engine of our Franks (AZ) Luetkemeyer Rogers (MI) The SPEAKER pro tempore. Is there economy, the entrepreneurs who are Fudge Luja´ n Rohrabacher objection to the request of the gen- creating jobs and changing the way our Gallegly Lummis Rooney tleman from Massachusetts? country does business. Garrett (NJ) Lungren, Daniel Ros-Lehtinen This bill gives small firms the tools Gerlach E. Roskam There was no objection. they need to flourish. By enhancing Giffords Lynch Ross f Gingrey (GA) Mack Rothman (NJ) SBA’s entrepreneurial development Gohmert Maffei Roybal-Allard PERSONAL EXPLANATION programs, it will help existing busi- Gonzalez Maloney Royce Goodlatte Manzullo Ruppersberger Mr. MEEKS of New York. Mr. Speak- nesses grow and allow aspiring entre- Gordon (TN) Marchant Ryan (OH) er, on roll call No. 277, I inadvertently preneurs to get off the ground. These Granger Markey (CO) Ryan (WI) voted ‘‘aye.’’ I meant to vote ‘‘nay.’’ I resources are critical. In fact, small Graves Markey (MA) Salazar firms that use them are twice as likely Grayson Marshall Sanchez, Loretta want the RECORD to properly reflect Green, Al Massa Sarbanes that. to succeed than those that don’t. But Green, Gene Matheson Scalise unfortunately, many of these initia- Griffith Matsui Schakowsky f tives are outdated and underfunded. Grijalva McCarthy (CA) Schauer Today, we will take important steps to Guthrie McCarthy (NY) Schiff GENERAL LEAVE ensure they are running at full capac- Gutierrez McCaul Schmidt Ms. VELA´ ZQUEZ. Mr. Speaker, I ask Hall (NY) McClintock Schock ity. Hall (TX) McCollum Schrader unanimous consent that all Members Despite declines in corporate Amer- Halvorson McCotter Schwartz may have 5 legislative days to revise ica, the entrepreneurial spirit is alive Hare McDermott Scott (GA) and extend their remarks and include Harman McGovern Scott (VA) and well. Every month, 400,000 new Harper McHenry Sensenbrenner extraneous material on the bill under businesses start up across the country. Hastings (FL) McHugh Serrano consideration. Imagine if each of those firms had ac- Hastings (WA) McIntyre Sessions The SPEAKER pro tempore. Is there cess to resources like business develop- Heinrich McKeon Sestak objection to the request of the gentle- Heller McMahon Shadegg ment training. Through H.R. 2352 they Hensarling McMorris Shea-Porter woman from New York? will. This bill provides entrepreneurs Herger Rodgers Sherman There was no objection. with the tools they need to do every- Herseth Sandlin McNerney Shimkus Higgins Meek (FL) Shuler f thing from draft a business plan to secure equity capital. These services put Hill Meeks (NY) Shuster JOB CREATION THROUGH Himes Melancon Simpson small firms on a level playing field, al- ENTREPRENEURSHIP ACT OF 2009 Hinchey Mica Sires lowing them to compete in virtually Hinojosa Michaud Skelton Hirono Miller (FL) Slaughter The SPEAKER pro tempore. Pursu- any sector, including the Federal mar- Hodes Miller (MI) Smith (NE) ant to House Resolution 457 and rule ketplace. Hoekstra Miller (NC) Smith (NJ) XVIII, the Chair declares the House in Although most industries are strug- Holden Miller, Gary Smith (TX) the Committee of the Whole House on gling, the Federal marketplace is Holt Miller, George Smith (WA) Honda Minnick Snyder the state of the Union for the consider- booming. With billions of stimulus dol- Hoyer Mitchell Souder ation of the bill, H.R. 2352. lars now in play, that sector presents

VerDate Nov 24 2008 04:03 May 21, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.061 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5843 enormous opportunity for entre- gating the difficult entrepreneurial formation Centers. These centers will preneurs. But before they can crack terrain of developing a business plan provide entrepreneurial education pro- the industry, small firms will need to and growing their businesses. grams that meet the unique needs of know its ins and outs. H.R. 2352 pro- However, times are more difficult Native Americans. vides the training they need to do so. It now. Financing is harder to get. Com- The broadest effort at entrepre- also offers the necessary technology. petition does not just come from the neurial development is the Small Busi- In order to adapt to new markets, business down the street but comes ness Development Center program, a many entrepreneurs will need to retool from businesses all around the world. joint program between the SBA and in- their operations. Through cutting-edge In acknowledgment of these new chal- stitutions of higher learning. Changes technology programs, this bill allows lenges and their need for immediate at- in the bill modernize the management entrepreneurs everywhere to access the tention, the Job Creation Through En- and establish, without risk to core information they need. In doing so, it trepreneurship Act of 2009 addresses funding, competitive grant programs encourages entrepreneurship in places the changing climate for entrepreneurs designed to provide businesses with the where it might not otherwise grow. For and makes minor tweaks to programs best practices for things such as rais- struggling rural regions and inner cit- that have a record of success. ing capital in constricted lending mar- ies, H.R. 2352 will be an economic cata- These programs are even more crit- kets. lyst. It will also reflect the changing ical today as the country’s economy is Half of all small business owners are face of American business. More and more focused on small businesses. As women. Many small business owners more, women, veterans, and Native more large corporations begin to close who are women have benefited from Americans are starting their own or downsize, many more Americans training they have received at Wom- firms. For these people, entrepreneur- have chosen to go into business for en’s Business Centers over the years ship is more than a means of employ- themselves and are in need of the type and, as a result, have made great con- ment; it is a path to economic inde- of guidance the entrepreneurial devel- tributions to their communities. This pendence. opment programs at the SBA provide. bill makes several changes to the From rejuvenating rural regions to But it is not just fledgling entre- Women’s Business Centers to ensure promoting entrepreneurship in under- preneurs and those downsized from that they are functioning at their opti- represented communities, ED makes large corporations who have the desire mum level and reaching as many good economic sense. And in fact, to run their own businesses. When the women as possible. In addition, the bill every $1 put into the program puts an- men and women who have chosen to also makes provisions to ensure that other $2.87 into the Treasury. If you serve their country honorably in the the centers are on a sound path to self- ask me, that’s a pretty good return on armed services leave, they are faced sufficiency. investment. By modernizing and en- with beginning new careers. Often they b 1445 hancing the program, the returns will choose to serve their country in an- only get better. Because at the end of other way. These Americans frequently This will free up funds to allow new the day, strengthening entrepreneurial choose to open up a small business and centers to open and serve areas not development programs empowers small contribute to the growth of America’s currently served by the Women’s Busi- businesses, allowing them to grow and, economy. For these great Americans, ness Centers. perhaps most importantly, create new we must provide them with the very These entrepreneurial programs fre- jobs for American workers. best training to make their transition quently rely on the dedication of vol- I reserve the balance of my time. to civilian life as equally secure. unteers. Advice from executives, Mr. GRAVES. Mr. Chairman, I yield This bill seeks to expand and improve whether active or retired, proves in- myself such time as I may consume. the educational and training resources valuable to small business owners. Mr. Chairman, I rise today in support provided by the SBA to our veterans. The SCORE Program at the SBA of H.R. 2352, the Job Creation Through Although the SBA currently runs a oversees a core of 11,000 knowledgeable Entrepreneurship Act of 2009. This leg- veterans outreach and education pro- volunteers willing to offer guidance to islation reauthorizes some of the SBA’s gram, no such program is authorized small business owners. It is an effective most critical programs, those that pre- under the Small Business Act. This leg- program that should offer more serv- pare America’s entrepreneurs to start islation would correct that and expand ices. H.R. 2352 does just that by expand- and maintain successful small busi- the number of centers available to ing the ability of SCORE to offer great- nesses. serve our veterans. It is a small price er outreach and improved counseling to The Small Business Administration, to pay for the sacrifice they have made small business owners. or the SBA, accomplishes this impor- for us. It is obvious that the SBA operates a tant mission through its Office of En- Many aspiring entrepreneurs live in number of entrepreneurial develop- trepreneurial Development and its use rural areas or work out of their homes. ment programs. Many provide an over- of programs such as Small Business De- Neither may have access to physical lo- lapping service. While it is important velopment Centers, or SBDCs; the cations at which the SBA and its part- to ensure that small businesses are re- Women’s Business Centers, WBC; the ners offer education and training. ceiving the necessary training, it is Service Corps of Retired Executives, or Given today’s technology, we can pro- also important that these programs op- SCORE; the Office of Veterans Business vide these entrepreneurs with appro- erate in the most efficient manner pos- Development; the Office of Native priate education through quality dis- sible. And this bill before us requires American Affairs; and its distance tance learning programs. H.R. 2352 re- the SBA to increase its oversight of learning program. These programs quires the SBA, working with private these programs, improve coordination, have not been reauthorized in a com- vendors, to develop online courses that eliminate waste and duplication. prehensive way in nearly 10 years, and will educate entrepreneurs about start- Mr. Chairman, this legislation makes given the changes in the economy, it is ing and expanding their businesses, in- critical changes to vital programs at a long overdue. cluding having the opportunity to ob- critical time. And, in short, this bill Starting and maintaining a success- tain online counseling from other busi- sharpens already existing tools em- ful business has always been a ness owners. ployed by the SBA to cultivate one of daunting task, fraught with unforeseen Often forgotten are our Native Amer- our Nation’s greatest natural re- and unavoidable problems and pitfalls icans located in very remote areas of sources, its entrepreneurs. Mr. SHULER for American entrepreneurs. In the the country. They, too, can contribute and my fellow Missourian, Mr. past, a solid business plan, a loan from to economic growth if they have access LUETKEMEYER, should be commended friends or a banker that you knew and to education and training programs of- for their work on this bill. And I would good old-fashioned hard work was a fered by the SBA. H.R. 2352 codifies the like to thank the chairwoman very recipe for success. The entrepreneurial Office of Native American Affairs at much for her bipartisan efforts in mov- development programs at the SBA were the SBA and directs that office to ex- ing this key bill through the com- available to assist fledgling and sea- pand its service to Native Americans mittee. I’d also like to thank Ms. soned small business owners in navi- through the use of Tribal Business In- FALLIN, Mr. BUCHANAN, Mr. SCHOCK and

VerDate Nov 24 2008 04:03 May 21, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.065 H20MYPT1 jbell on PROD1PC69 with HOUSE H5844 CONGRESSIONAL RECORD — HOUSE May 20, 2009 Mr. THOMPSON for their vital contribu- takes important steps in strengthening er it be accessing capital, procuring tions to this legislation. And I’d en- ED. ED helps entrepreneurs do every- contracts or marketing their firms. courage my colleagues to support this thing from draft business plans to ac- Entrepreneurial development pro- important legislation with me. cess capital. It also encourages entre- grams have a proven track record of Mr. SHULER. Mr. Chairman, I yield preneurship within underrepresented successfully providing businesses with myself as much time as I may con- groups and underserved communities. this type of assistance. However, they sume. H.R. 2352 includes language to en- have not been modernized in over a Mr. Chairman, I want to commend courage veterans and Native American decade to meet today’s small business the chairwoman for her extraordinary business ownership. It modernizes needs. This is especially important for leadership in the Small Business Com- SCORE, makes improvements to the groups that are underrepresented in mittee, along with Ranking Member Women’s Business Centers and estab- the business world, such as women, mi- GRAVES, their hard work, their dedica- lishes distance learning initiatives. norities, and veterans. tion and truly working in a bipartisan As we celebrate Small Business For example, the Veterans Business way. Far too often here in Washington, Week, I can’t imagine a better time to Outreach Program is designed to pro- it’s too much partisanship. But within invest in entrepreneurs. They are all a vide entrepreneurial development serv- this committee we’re seeing the great very vital and very important part of ices, such as business training, coun- leadership and the great work of Chair- our economic recovery, not only in this seling, mentoring, and referrals for eli- woman VELA´ ZQUEZ. year but in decades to come. Small gible veterans owning or considering Also I would like to congratulate the businesses have sparked recoveries in starting a small business. ranking member on the subcommittee, the past, and with the proper tools, It was my amendment in the Small Mr. LUETKEMEYER, for his outstanding will do it again in the future. Business Committee that will allow work and all the members and staff and I strongly urge and support H.R. 2352. members of the National Guard and their hard work and their dedication I reserve the balance of my time. Reserve to also access this important on this very important legislation that Mr. GRAVES. Mr. Chairman, I now program. As we have seen from the can help us get out of the recession yield such time as he may consume to wars in Iraq and Afghanistan, these through the work of our small busi- the ranking member of the Finance brave men and women can be deployed nesses. and Tax Committee, Mr. BUCHANAN for months and then struggle when Mr. Chairman, as we observe Small from Florida. they return home to their business or Business Week, we have an opportunity Mr. BUCHANAN. I want to thank the job. to not only celebrate small businesses chairwoman and the ranking member The Job Creation Through Entrepre- but to strengthen them. for including my legislation, the bill to neurship Act improves current pro- Entrepreneurs are the beating heart modernize SBA’s SCORE Program, into grams. In this case, it gives all those of the American industry. They don’t the larger bill before us today. who have bravely served our country in just create jobs, more jobs than big For years, SCORE Program has been uniform the tools to start and grow businesses, they unlock more new mar- providing entrepreneurs with free, con- their own business. kets and create more products. Entre- fidential and valuable small business Mr. Chairman, we are here today be- preneurs generate 60 to 80 percent of all advice. Nationwide, SCORE has 389 cause we understand that small busi- new positions and are the most effec- chapters throughout the United States, ness is critical, not only to creating tive drivers of the economic growth. nearly 11,000 volunteers. jobs, but to driving our Nation’s eco- At a time when big companies are Locally, I know it has had a huge im- nomic recovery. Small business devel- slashing their work force, we need to pact on our small business community. opment and growth is crucial to aiding invest in businesses that are creating They do a lot to help them, especially our economic recovery in this Nation. jobs, not cutting them. Entrepre- with small business planning, which is For this reason, in the middle of Na- neurial development programs or ED, critical to starting any kind of busi- tional Small Business Week, I urge my do just that. And the benefits don’t ness today. colleagues to join me in supporting the stop at small business community. Small business creates 70 percent of Job Creation Through Entrepreneur- Every dollar spent on these initia- all the new jobs, not only in our mar- ship Act. tives drives another $2.87 back into the ket, but throughout Florida. Their suc- Mr. GRAVES. Mr. Chairman, I now economy. In 2008 alone, ED programs cess is vital to our economy, and we yield such time as she may consume to pumped $7.2 billion into communities need to do everything we can to ensure the gentlelady from Oklahoma (Ms. across the country. They also laid the their success. And this bill helps that. FALLIN). groundwork for 73,000 new jobs. My legislation will help ensure that Ms. FALLIN. Mr. Chairman, I too Small businesses have a history of qualified SCORE volunteers are avail- would like to offer my support for H.R. sparking recovery. The Job Creation able to provide one-on-one advice and 2352, the Job Creation Through Entre- Through Entrepreneurship Act will counsel to small business owners in preneurship Act, and to thank Chair- give them the tools they need to suc- Florida and across the country. woman VELA´ ZQUEZ and Ranking Mem- ceed. As the name suggests, the Job Again, I want to thank the chair- ber GRAVES for their work in crafting a Creation through Entrepreneurship woman and the ranking member for bipartisan piece of legislation that in- Act, or H.R. 2352, focuses on the job giving me this opportunity today. corporates several important pieces of creators. It will give existing firms the Mr. SHULER. Mr. Chairman, I yield 3 small business legislation and work. tools necessary to succeed and allow minutes to the gentlewoman from Especially at a time when our na- new businesses to get off the ground. Pennsylvania (Mrs. DAHLKEMPER). tional economy is struggling, and the That’s important because small firms Mrs. DAHLKEMPER. Mr. Chairman, American people have asked us here in can pull us out of this recession. After I rise today as a cosponsor and strong Congress to focus on economic recov- all, they did it in the mid-1990s. At that supporter of the Job Creation Through ery, this bill will provide important job time small firms created 3.8 million Entrepreneurship Act of 2009. And I creation opportunities for our Nation’s jobs, ushering in an era of prosperity. want to thank the chairwoman, the entrepreneurs. Today, national unemployment is on ranking member and the subcommittee And I’d especially like to thank our the rise. By 2010, it is expected to reach chair and Republican ranking member chairwoman and our ranking member 9.8 percent. In my home State of North on the subcommittee for this bipar- for allowing a piece of my legislation, Carolina, it’s already 10.8 percent. That tisan effort. H.R. 1838, the SBA Women’s Business is why H.R. 2352 is so important. It A strong small business community Centers Improvement Act, to be in- incentivizes our job creators so they is critical to rebuilding our economy, cluded in the Job Creation Through can put Americans back to work. to create the good-paying jobs that Entrepreneurship Act. This section of Small Business Administration ED stay here in the United States. How- legislation adds accountability and programs are critical resources. Small ever, as a small business owner myself, transparency to the distribution of firms that use these services are twice I know firsthand that America’s entre- funding to Women’s Business Centers as likely to succeed. This legislation preneurs often need assistance, wheth- to offer temporary assistance rather

VerDate Nov 24 2008 04:03 May 21, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.067 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5845 than permanent dependency on the ation Through Entrepreneurship Act of companies and our competitiveness Federal Government. 2009. And I want to thank our chair- around the world. The Women’s Business Centers are an woman and our ranking member. I ap- With all of the talk today about how important part of the grant programs preciate all your efforts to move this we should stimulate growth and create that are funded by the Small Business comprehensive package of legislation long-term economic growth here in our Administration. Today, Women’s Busi- forward and especially want to thank country, we shouldn’t look any further ness Centers all across the country are our chairwoman for working with me than where half of all Americans get providing women entrepreneurs with on title I of the bill, the Veterans Busi- their paychecks—with small business. much-needed technical assistance in ness Centers Act, which will help our The facts speak for themselves. A starting and operating their own small Nation’s veteran entrepreneurs. new business is opened by a Small businesses. Business Development Center client b 1500 In the mid-1990s, the Federal Govern- every 41 minutes. A new job is created ment began awarding grants to Wom- In my district, we have the second in the United States by a Small Busi- en’s Business Centers that were oper- largest concentration of veterans of ness Development Center client every 7 ating as nonprofit organizations in any congressional district in the coun- minutes. In the year 2007, SBDC clients conjunction with institutions of higher try. My district is home to Norfolk created over 70,000 new full-time jobs. learning. Originally these grants were Naval Base, the largest naval base in With the current economic condition, intended to be awarded to business cen- the world. In our community, there are more and more small business owners ters in their first 5 years, with the un- countless veteran-owned businesses are visiting their SBDCs, seeking the derstanding that after this 5-year pe- that are vital to the local economy. advice on how to best manage their re- riod had ended, the center would be fi- The measure that we are considering sources during the economic downturn. nancially self-sustaining. Although today will give veteran entrepreneurs The bill also works to make the money many of the Women’s Business Centers everywhere the support they need to that we are appropriating to SBDCs did meet this goal, some did not, and launch new enterprises and to grow ex- more efficient, and it also rewards for a variety of reasons. And, as a re- isting businesses. The cornerstone of those who have better outcomes. sult, a greater percentage of the fund- this effort will be a new nationwide For these reasons and many more, I ing for this program has been con- network of services dedicated to vet- urge passage of this bill and the Small sumed by the operating costs of the po- eran entrepreneurs, called Veterans Business Development Center Mod- tentially unviable centers, rather than Business Centers, the first nationwide ernization Act legislation that is in- the intended purpose of establishing business assistance program for vet- cluded in it. new women’s business centers. The re- erans. Establishing this network will Mr. SHULER. I yield 3 minutes to sult has been a drag upon the system, provide veterans with dedicated coun- the gentleman from Pennsylvania (Mr. and viable business centers that are seling and business training, with ac- ALTMIRE). not truly serving an unmet need in cess to capital and to securing loans Mr. ALTMIRE. Mr. Chairman, I rise their community were allowed to con- and credit and with help in navigating today to encourage my colleagues to tinue on. And this has jeopardized the the procurement process. support the Job Creation Through En- effectiveness and the viability of this We know already, when they have ac- trepreneurship Act. This important entire program. cess to the right tools, veterans can piece of legislation will modernize and The SBA Women’s Business Pro- succeed in business, and I believe that expand key economic development programs Act restores its original prior- we can build on what works and that grams within the Small Business Ad- ities held by the Federal Government we can expand access to these critical ministration. when this program was originally en- services. I strongly urge the passage of As just one example, section 1 of this acted. By offering a three-tiered sys- this bill. legislation establishes the Veterans tem of funding and lowered caps on Mr. GRAVES. Mr. Chairman, I now Business Center program. Now, as spending for older business centers, we yield such time as he may consume to many of my colleagues know, this is a can assure a balanced percentage of the the gentleman from Illinois (Mr. program that is near and dear to my funding issues to support both new and SCHOCK), who is also the ranking mem- heart. Last session, I introduced legis- existing business centers. ber on the Contracting and Technology Modernizing the SBA entrepreneurial lation that was signed into law to help Subcommittee. development programs will ensure expand business opportunities for vet- Mr. SCHOCK. Mr. Chairman, I rise small businesses have the opportunity erans and Reservists. The bill we are today in support of H.R. 2352, the Job to help lead our Nation out of this re- debating today builds upon my legisla- Creation Through Entrepreneurship cession and into economic prosperity. tion, and it provides a dedicated fund- Act. The Job Creation Through Entrepre- ing stream to help ensure that our vet- I, too, wish to extend my apprecia- neurship Act is a huge step in the right erans and Reservists are afforded every tion to Chairwoman VELA´ ZQUEZ, to direction and provides much-needed opportunity for economic success at Ranking Member GRAVES, and specifi- help to lend a helping hand to our Na- home. cally to the bill’s sponsor, Mr. SHULER, tion’s small businesses. So it is for this and for many other And once again, in closing, I just for including not only my language in reasons that I encourage my colleagues would like to commend the chair- H.R. 1845 but also the proposals of five to support this bill. woman and the ranking member for other Republican members on our com- Mr. SHULER. Mr. Chairman, I re- working together in a bipartisan way mittee. This is truly a bipartisan bill, serve the balance of my time. to craft a piece of legislation that en- and I think you’ll see that the votes re- Mr. GRAVES. Mr. Chairman, I would compasses so many areas that will help flect it. yield such time as he may consume to our small businesses and our Nation, I introduced H.R. 1845, which seeks to the gentleman from Missouri (Mr. especially during the National Small modernize the Small Business Develop- LUETKEMEYER). He is a subcommittee Business Recognition Week. ment Centers. Small Business Develop- ranking member. Along with Mr. Mr. SHULER. Mr. Chairman, I would ment Centers are commonly referred to SHULER, they were the cosponsors of like to inquire how much time is left as SBDCs. They provide emerging en- the bill. on both sides trepreneurs with the tools they need to Mr. LUETKEMEYER. Mr. Chairman, The CHAIR. The gentleman from successfully take their business con- I would like to thank the gentleman North Carolina has 191⁄2 minutes re- cepts into reality and also to provide from North Carolina (Mr. SHULER) for maining, and the gentleman from Mis- existing small business owners with his hard work in crafting this much souri has 19 minutes remaining. important financial and budgeting con- needed small business legislation, and I Mr. SHULER. I yield 3 minutes to sulting to assist in long-term growth would like to thank Chairwoman the gentleman from Virginia (Mr. and management. Investments in the VELA´ ZQUEZ and Ranking Member NYE). SBDC network provide a truly cost-ef- GRAVES for their hard work and for al- Mr. NYE. Mr. Chairman, I rise today fective way to help stimulate our econ- lowing this thing to expeditiously go in support of H.R. 2352, the Job Cre- omy while also enhancing American through the full committee.

VerDate Nov 24 2008 04:03 May 21, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.069 H20MYPT1 jbell on PROD1PC69 with HOUSE H5846 CONGRESSIONAL RECORD — HOUSE May 20, 2009 Small business accounts for 70 per- cere appreciation and thanks to Sub- 2009 will do just that. That is why this cent of our Nation’s jobs, and it pro- committee Chair SHULER, to Sub- bill is supported by groups as diverse as vides an invaluable source of innova- committee Ranking Member the American Legion, the Association tion to our economy. As we try to re- LUETKEMEYER, to Committee Chair- for Enterprise Opportunity, the Inter- vive the slumping economy and put woman VELA´ ZQUEZ, and to Ranking national Franchise Association, the people back to work, wouldn’t it only Member GRAVES for their leadership on National Association for the Self-Em- make sense to provide relief to our Na- this bill, for their ability to work ployed, the National Black Chamber of tion’s most productive job creators? through regular order, and for encour- Commerce, the National Center for As a small business man myself, I am aging debate and input from the mem- American Indian Enterprise Develop- pleased to sponsor a bill that will as- bers of the Small Business Committee, ment, the U.S. Hispanic Chamber of sist the many small owners and em- particularly Subcommittee Chair Commerce, the U.S. Women’s Chamber ployees throughout my district and the SHULER and Ranking Member of Commerce, and the Veterans of For- country. Two out of every three jobs LUETKEMEYER. eign Wars. are created by a small business, and Coming from a long line of small Already, the SBA’s entrepreneurial like every recession before, small busi- business owners myself, I can attest to development programs help small firms ness will lead the way out of this reces- the many challenges that these entre- do everything from draft business plans sion into economic growth again. Rath- preneurs face on a daily basis. Never to accessing capital. These services er than relying so heavily on the gov- mind the challenges a person faces to have been an invaluable resource for ernment to spend our way out of this get a business off the ground, once that countless entrepreneurs, and they have recession, we need to focus on ensuring business is running, it is often an up- led to the creation of hundreds of thou- that our small businesses are able to hill battle day after day to keep the sands of jobs. In fact, entrepreneurial utilize all of the resources already doors open and the employees paid. development helped generate 73,000 new available. During this time of economic down- positions in 2008 alone. This bill beefs up support services in turn, there are many entrepreneurs Despite the program’s inherent key entrepreneurial development pro- throughout America who are facing value, it is in sore need of moderniza- grams, making these programs more start-up challenges who do not have tion. Today, we are going to begin the effective and responsive to the needs of the resources or the networks to pro- process of turning it around. In doing small businesses and ensuring that ex- vide the advice or the assistance that so, we will ensure that small firms isting programs are being used effec- is required for them to be successful. have the tools they need to spark a tively and that duplicative government H.R. 2352 will provide entrepreneurs sustained recovery. What better time programs are done away with. from all walks of life and geographic to reinforce the backbone of our econ- To be sure, an investment in entre- locations the ability to harness tools omy than during Small Business Week. preneurial development programs that would otherwise not be available We can do more than celebrate our en- yields strong returns. In 2008, the SBA to them. This bill provides a Veterans trepreneurs. We can empower them and entrepreneurial development programs Business Center program within the can help them play their unique role as helped to generate 73,000 new jobs and SBA to provide entrepreneurial train- an economic catalyst. I will now yield to the gentlewoman to bring in $7.2 billion to the economy. ing and counseling to veterans. It uti- from Illinois as much time as she may Some economists have estimated that lizes technology to provide distance consume. every dollar invested in these initia- learning and peer-to-peer networking Mrs. HALVORSON. Mr. Chairman, tives returns $2.87 to our economy and for those in rural and underserved thank you, and thank you, Mr. SHULER, helps these small businesses thrive. areas. It enhances entrepreneurial pro- for the opportunity to speak. Given that the biggest challenge fac- grams for Native American popu- I rise today in support of H.R. 2352, ing small businesses right now is their lations, and it broadens the scope of the Job Creation Through Entrepre- ability to access credit, I am particu- the SBA’s Women’s Business Center. neurship Act. larly pleased to support a bill that During this time of economic down- Consideration of this legislation strengthens Small Business Develop- turn, we have the power to arm Amer- couldn’t have come at a more critical ment Centers, one-stop assistance cen- ica’s entrepreneurs with the tools to time. During an economic downturn, ters for current and prospective small provide real stimulus for our economy many people start their own businesses business owners, designed to assist and to get the country back to work. I because they are faced with few other small firms in securing capital and certainly encourage my fellow col- options. They’ve lost their jobs; they credit. leagues to support H.R. 2352, a real can’t find new employment, and they This bill moved promptly through smart government solution. need to feed their families. Yet it is the ´ the full committee and to the House Ms. VELAZQUEZ. Mr. Chairman, I start-up businesses that are most at floor. I am pleased with the bipartisan have no further speakers if the ranking risk for failure. The legislation we are support this bill has received in the member is prepared to close. considering today will give entre- committee. I want to thank my col- Mr. GRAVES. I have no further preneurs and new business owners the leagues for their careful and timely at- speakers. I yield back the balance of tools that they will need to succeed. tention to the legislation that will give my time. As a member of both the Small Busi- our small business owners the oppor- Ms. VELA´ ZQUEZ. Mr. Chairman, I ness and Veterans’ Affairs Committees, tunity to grow and expand. would like to take this opportunity to I am especially pleased that this bill Mr. SHULER. Mr. Chairman, again, I commend the work of Mr. SHULER and creates a new Veterans Business Center would like to commend Mr. Mr. LUETKEMEYER in putting together program under the SBA. I commend LUETKEMEYER, the ranking member, this bill. I would also like to commend the gentleman from Virginia (Mr. NYE) for his hard work, for his dedication, the other members of the committee— for his hard work on this section of the and for his true leadership in a bipar- Mr. NYE, Mr. BUCHANAN, Mr. SCHOCK, bill. tisan way on the subcommittee. Mr. THOMPSON, Mrs. KIRKPATRICK, Ms. The Veterans Business Centers will At this time, Mr. Chairman, we have FALLIN, and particularly the ranking provide essential training and coun- no further speakers. I will reserve the member, Mr. GRAVES—for all of their seling to veteran business owners, in- balance of my time. efforts and contributions in putting to- cluding assistance in seeking Federal Mr. GRAVES. Mr. Chairman, at this gether this bipartisan product. contracting opportunities. The bill in- time, I would yield such time as he Entrepreneurs have much talent for cludes an amendment I offered in com- may consume to the gentleman from job creation. In the last few months, mittee to make surviving spouses of Pennsylvania (Mr. THOMPSON). much has been made of that ability and Armed Forces members and veterans Mr. THOMPSON of Pennsylvania. with good reason. As employment con- eligible for assistance from the Vet- Mr. Chairman, I rise today to lend my tinues to climb, we need to be invest- erans Business Centers. support for this measure, H.R. 2352, the ing in the businesses that can put As we celebrate Memorial Day next Job Creation Through Entrepreneur- Americans back to work. The Job Cre- week, I can hardly think of a more fit- ship Act of 2009, and to express my sin- ation Through Entrepreneurship Act of ting way to honor our men and women

VerDate Nov 24 2008 04:03 May 21, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.071 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5847 who have served in uniform and to lending generated under the American Rein- TITLE I—ESTABLISHMENT OF VETERANS honor their families. I especially thank vestment and Recovery Act. This measure BUSINESS CENTER PROGRAM Chairwoman VELA´ ZQUEZ and Ranking also establishes a green entrepreneurial de- Sec. 101. Veterans Business Center program. Member GRAVES and Mr. SHULER for velopment program, which will provide classes Sec. 102. Reporting requirement for interagency their strong, bipartisan leadership on and instruction on starting a business in the task force. this legislation. fields of energy efficiency or green technology. TITLE II—EDUCATING AND NETWORKING I ask all of my colleagues to join me ENTREPRENEURS THROUGH TODAY’S It will also create a procurement training pro- TECHNOLOGY in supporting the Job Creation gram to help local small firms find suitable Through Entrepreneurship Act. Sec. 201. Educating entrepreneurs through contracts and technical assistance on the fed- technology. Mr. GENE GREEN of Texas. Mr. Chair, I eral procurement process. TITLE III—ENHANCING NATIVE AMERICAN rise today to show my support for the Credit American prosperity depends on the suc- ENTREPRENEURSHIP Cardholder’s Bill of Rights Act of 2009. cess of small businesses and the innovative Sec. 301. Office of Native American Affairs; This bill is more important now than ever, spirit of the American people. I am committed Tribal Business Information Cen- because credit card practices have become a to bringing relief to Main Street and to the ters program. huge problem in our country. small businesses that are struggling in our Sec. 302. Small Business Development Center Americans are saving less than they borrow state, and urge my colleagues to support this assistance to Indian tribe mem- on credit and the individual debt level is the bill. bers, Alaska Natives, and Native highest it’s been in decades. Mr. ETHERIDGE. Mr. Chair, I rise in support Hawaiians. Consumers should have as much informa- of H.R. 2352, The Job Creation Through En- TITLE IV—BROADENING THE WOMEN’S tion as possible when it comes to credit and trepreneurship Act of 2009. BUSINESS CENTER PROGRAM finance policies and these policies should be The American spirit of entrepreneurship is Sec. 401. Notification of grants; publication of easy to understand. one of the key values that have made our na- grant amounts. That is why I was an original cosponsor of Sec. 402. Communications. tion great. As a former small business owner, Sec. 403. Funding. the Credit Cardholders’ Bill of Rights Act, I believe it is essential that we nurture these Sec. 404. Performance and planning. which among other things, includes provisions ventures and increase opportunities for more Sec. 405. National Women’s Business Council. to protect consumers against: arbitrary interest Americans to start their own business. Small TITLE V—SCORE PROGRAM rate increases, early pre-payment penalties, businesses employ millions of Americans, and IMPROVEMENTS due date gimmicks, and excessive fees. help form the backbone of our economy. Sec. 501. Expansion of volunteer representation It also provides better general oversight of These small businesses play an even more and benchmark reports. the credit card industry. important role in today’s struggling economy. Sec. 502. Mentoring and networking. This bill passed out of the House of Rep- H.R. 2352 takes several steps to bolster Sec. 503. Name of program changed to SCORE. resentatives on April 30, 2009 with my support and expand opportunities for entrepreneurs. Sec. 504. Authorization of appropriations. and I am pleased to see that the Senate sent This bill modernizes the Small Business Ad- TITLE VI—EXPANDING this bill back with even stronger consumer pro- ministration’s (SBA’s) entrepreneurial develop- ENTREPRENEURSHIP tections and moved its implementation date up ment programs so that these businesses can Sec. 601. Expanding entrepreneurship. 3 months. survive the downturn and help move our econ- TITLE VII—MODERNIZING THE SMALL I look forward to voting in favor of this bill, omy forward by creating jobs. H.R. 2352 pro- BUSINESS DEVELOPMENT CENTER PRO- GRAM and I encourage my colleagues to do the vides small businesses with new tools to ad- same. dress their changing needs by bolstering Sec. 701. Small business development centers operational changes. This is a chance for us to protect American Small Business Development Centers across consumers and rein in abusive credit card Sec. 702. Access to credit and capital. the country. H.R. 2352 also expands opportu- Sec. 703. Procurement training and assistance. practices. nities to our nation’s veterans by authorizing Sec. 704. Green entrepreneurs training program. Mr. LANGEVIN. Mr. Chair, I rise in strong $10 million in FY 2011 and $12 million in Sec. 705. Main street stabilization. support of H.R. 2352, the Job Creation 2012. These funds will be used to increase Sec. 706. Prohibition on program income being Through Entrepreneurship Act, which over- outreach facilities across the country and es- used as matching funds. Sec. 707. Authorization of appropriations. hauls the Small Business Administration’s en- tablish specialized assistance programs tar- trepreneurial development programs and cre- geted to veterans. H.R. 2352 also includes in- TITLE I—ESTABLISHMENT OF VETERANS BUSINESS CENTER PROGRAM ates new services geared toward veterans and creased counseling and training initiatives de- Native Americans. This legislation builds on SEC. 101. VETERANS BUSINESS CENTER PRO- signed to increase business opportunities for GRAM. SBA changes made in the American Reinvest- women. ment and Recovery Act, and it provides relief Section 32 of the Small Business Act (15 U.S.C. I support efforts to foster the American spirit 657b) is amended— for small businesses and consumers who of entrepreneurship and I support The Job (1) in subsection (f), by inserting ‘‘(other than have been greatly affected by the credit Creation Through Entrepreneurship Act of subsections (g), (h), and (i))’’ after ‘‘this sec- crunch. 2009. I urge my colleagues to join me in vot- tion’’; and Small businesses are the backbone of ing for its passage. (2) by adding at the end the following: America, and they are especially important to Ms. VELA´ ZQUEZ. Mr. Chairman, I ‘‘(g) VETERANS BUSINESS CENTER PROGRAM.— ‘‘(1) IN GENERAL.—The Administrator shall es- Rhode Island’s economy. Now more than yield back the balance of my time. ever, Congress must support the growth of tablish a Veterans Business Center program The CHAIR. All time for general de- within the Administration to provide entrepre- America’s small businesses and help stimulate bate has expired. neurial training and counseling to veterans in the real engine of our Nation’s economy. In Pursuant to the rule, the amendment accordance with this subsection. Rhode Island, there are many businesses that in the nature of a substitute printed in ‘‘(2) DIRECTOR.—The Administrator shall ap- are passed down from generation to genera- the bill shall be considered as an origi- point a Director of the Veterans Business Center tion, and it is so important that these success- nal bill for the purpose of amendment program, who shall implement and oversee such ful businesses have access to the tools they under the 5-minute rule and shall be program and who shall report directly to the As- sociate Administrator for Veterans Business De- need to weather this economic downturn. considered read. H.R. 2352 modernizes the Small Business velopment. The text of the committee amend- ‘‘(3) DESIGNATION OF VETERANS BUSINESS CEN- Development Center Program by focusing on ment is as follows: TERS.—The Director shall establish by regula- entrepreneurial development, broadens the H.R. 2352 tion an application, review, and notification Women’s Business Centers Program by in- Be it enacted by the Senate and House of Rep- process to designate entities as veterans business creasing counseling and training facilities, es- resentatives of the United States of America in centers for purposes of this section. The Director tablishes the Veterans Business Center Pro- Congress assembled, shall make publicly known the designation of gram, formally establishes the Office of Native an entity as a veterans business center and the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. award of a grant to such center under this sub- American Affairs, and improves the Service (a) SHORT TITLE.—This Act may be cited as Corps of Retired Executives, a mentoring re- section. the ‘‘Job Creation Through Entrepreneurship ‘‘(4) FUNDING FOR VETERANS BUSINESS CEN- source program. Act of 2009’’. TERS.— This bill also creates a grant program spe- (b) TABLE OF CONTENTS.—The table of con- ‘‘(A) INITIAL GRANTS.—The Director is author- cifically designed to assist small firms in se- tents for this Act is as follows: ized to make a grant (hereinafter in this sub- curing capital such as the new small business Sec. 1. Short title; table of contents. section referred to as an ‘initial grant’) to each

VerDate Nov 24 2008 04:03 May 21, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 6333 E:\CR\FM\K20MY7.072 H20MYPT1 jbell on PROD1PC69 with HOUSE H5848 CONGRESSIONAL RECORD — HOUSE May 20, 2009 veterans business center each year for not more ‘‘(iv) Facilitating the access of veteran-owned ‘‘(A) A member of the Armed Forces, including than 5 years in the amount of $150,000. small businesses to both traditional and non- a reserve component thereof. ‘‘(B) GROWTH FUNDING GRANTS.—After a vet- traditional financing sources. ‘‘(B) A veteran. erans business center has received 5 years of ini- ‘‘(B) AWARD SIZE.—The Director may not ‘‘(k) INCLUSION OF RESERVE COMPONENTS.— tial grants under subparagraph (A), the Direc- award a veterans business center more than For purposes of subsections (g), (h), and (i) the tor is authorized to make a grant (hereinafter in $75,000 in grants under this paragraph. following apply: this subsection referred to as a ‘growth funding ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) The term ‘veteran’ includes a member of grant’) to such center each year for not more There is authorized to be appropriated to carry the reserve components of the armed forces as than 3 years in the amount of $100,000. After out this paragraph $1,500,000 for each of fiscal specified in section 10101 of title 10, United such center has received 3 years of growth fund- years 2010 and 2011. States Code. ing grants, the Director shall require such cen- ‘‘(2) PROCUREMENT ASSISTANCE GRANT PRO- ‘‘(2) The term ‘veteran-owned small business’ ter to meet performance benchmarks established GRAM.— includes a small business owned by a member of ‘‘(A) IN GENERAL.—The Director shall estab- by the Director to be eligible for growth funding the reserve components of the armed forces as lish a grant program under which the Director grants in subsequent years. specified in section 10101 of title 10, United is authorized to make, to veterans business cen- States Code.’’. ‘‘(5) CENTER RESPONSIBILITIES.—Each vet- ters designated under subsection (g), grants for erans business center receiving a grant under the following: SEC. 102. REPORTING REQUIREMENT FOR INTER- AGENCY TASK FORCE. this subsection shall use the funds primarily on ‘‘(i) Assisting veteran-owned small businesses Section 32(c) of the Small Business Act (15 veteran entrepreneurial development, counseling to identify contracts that are suitable to such of veteran-owned small businesses through one- businesses. U.S.C. 657b(c)) is amended by adding at the end on-one instruction and classes, and providing ‘‘(ii) Preparing veteran-owned small busi- the following: government procurement assistance to veterans. nesses to be ready as subcontractors and prime ‘‘(4) REPORT.—The Administrator shall submit ‘‘(6) MATCHING FUNDS.—Each veterans busi- contractors for contracts made available to Congress biannually a report on the appoint- ness center receiving a grant under this sub- through the American Recovery and Reinvest- ments made to and activities of the task force.’’. section shall be required to provide a non-Fed- ment Act of 2009 (Public Law 111–5) through TITLE II—EDUCATING AND NETWORKING eral match of 50 percent of the Federal funds training and business advisement, particularly ENTREPRENEURS THROUGH TODAY’S such center receives under this subsection. The with respect to the construction trades. TECHNOLOGY Director may issue to a veterans business center, ‘‘(iii) Providing veteran-owned small busi- SEC. 201. EDUCATING ENTREPRENEURS upon request, a waiver from all or a portion of nesses technical assistance with respect to the THROUGH TECHNOLOGY. such matching requirement upon a determina- Federal procurement process, including assisting The Small Business Act (15 U.S.C. 631 et seq.) tion of hardship. such businesses to comply with Federal regula- is amended by redesignating section 44 as sec- ‘‘(7) TARGETED AREAS.—The Director shall tions and bonding requirements. tion 46 and by inserting the following new sec- give priority to applications for designations ‘‘(B) AWARD SIZE.—The Director may not tion after section 43: and grants under this subsection that will estab- award a veterans business center more than $75,000 in grants under this paragraph. ‘‘SEC. 44. EDUCATING AND NETWORKING ENTRE- lish a veterans business center in a geographic PRENEURS THROUGH TECHNOLOGY. ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— area, as determined by the Director, that is not ‘‘(a) PURPOSE.—The purpose of this section is currently served by a veterans business center There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal to provide high-quality distance learning and and in which— opportunities for the exchange of peer-to-peer ‘‘(A) the population of veterans exceeds the years 2010 and 2011. ‘‘(3) SERVICE-DISABLED VETERAN-OWNED SMALL technical assistance through online networking national median of such measure; or BUSINESS GRANT PROGRAM.— to potential and existing entrepreneurs through ‘‘(B) the population of veterans of Operation ‘‘(A) IN GENERAL.—The Director shall estab- the use of technology. Iraqi Freedom or Operation Enduring Freedom lish a grant program under which the Director ‘‘(b) DEFINITION.—As used in this section, the exceeds the national median of such measure. is authorized to make, to veterans business cen- term ‘qualified third-party vendor’ means an en- ‘‘(8) TRAINING PROGRAM.—The Director shall ters designated under subsection (g), grants for tity with experience in distance learning content develop and implement, directly or by contract, the following: or communications technology, or both, with the an annual training program for the staff and ‘‘(i) Developing outreach programs for service- ability to utilize on-line, satellite, video-on-de- personnel of designated veterans business cen- disabled veterans with respect to the benefits of mand, and connected community-based organi- ters to provide education, support, and informa- self-employment. zations to distribute and conduct distance learn- tion on best practices with respect to the estab- ‘‘(ii) Providing tailored training to service-dis- ing and establish an online network for use by lishment and operation of such centers. The Di- abled veterans with respect to business plan de- potential and existing entrepreneurs to facilitate rector shall develop such training program in velopment, marketing, budgeting, accounting, the exchange of peer-to-peer technical assist- consultation with veterans business centers, the and merchandising. ance related to entrepreneurship, credit man- interagency task force established under sub- ‘‘(iii) Assisting service-disabled veteran-owned agement, financial literacy, and Federal small section (c), and veterans service organizations. small businesses to locate and secure business business development programs. ‘‘(9) INCLUSION OF OTHER ORGANIZATIONS IN opportunities. ‘‘(c) AUTHORITY.—The Administrator shall PROGRAM.—Upon the date of the enactment of ‘‘(B) AWARD SIZE.—The Director may not contract with qualified third-party vendors for this subsection, each Veterans Business Out- award a veterans business center more than entrepreneurial training content, the develop- reach Center established by the Administrator $75,000 in grants under this paragraph. ment of communications technology that can under the authority of section 8(b)(17) and each ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— distribute content under this section throughout center that received funds during fiscal year There is authorized to be appropriated to carry the United States, and the establishment of a 2006 from the National Veterans Business Devel- out this paragraph $1,500,000 for each of fiscal nationwide, online network for the exchange of opment Corporation established under section 33 years 2010 and 2011. peer-to-peer technical assistance. The Adminis- and that remains in operation shall be treated ‘‘(i) VETERANS ENTREPRENEURIAL DEVELOP- trator shall contract with at least 2 qualified as designated as a veterans business center for MENT SUMMIT.— third-party vendors to develop content. ‘‘(1) IN GENERAL.—The Director of the Vet- purposes of this subsection and shall be eligible ‘‘(d) CONTENT.—The Administrator shall en- for grants under this subsection. erans Business Center program is authorized to sure that the content referred to in subsection ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— carry out an event, once every two years, for (c) is timely and relevant to entrepreneurial de- There is authorized to be appropriated to carry the purpose of providing networking opportuni- velopment and can be successfully commu- out this subsection $10,000,000 for fiscal year ties, outreach, education, training, and support nicated remotely to an audience through the use 2010 and $12,000,000 for fiscal year 2011. to veterans business centers funded under this of technology. The Administrator shall, to the section, veteran-owned small businesses, vet- ‘‘(h) ADDITIONAL GRANTS AVAILABLE TO VET- maximum extent practicable, promote content erans service organizations, and other entities ERANS BUSINESS CENTERS.— that makes use of technologies that allow for re- as determined appropriate for inclusion by the ‘‘(1) ACCESS TO CAPITAL GRANT PROGRAM.— mote interaction by the content provider with Director. ‘‘(A) IN GENERAL.—The Director of the Vet- an audience. The Administrator shall ensure ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— erans Business Center program shall establish a that the content is catalogued and accessible to There is authorized to be appropriated to carry grant program under which the Director is au- small businesses on-line or through other remote out this subsection $450,000 for fiscal years 2010 thorized to make, to veterans business centers technologies. and 2011. designated under subsection (g), grants for the ‘‘(e) COMMUNICATIONS TECHNOLOGY.—The Ad- ‘‘(j) INCLUSION OF SURVIVING SPOUSES.—For following: purposes of subsections (g), (h), and (i) the fol- ministrator shall ensure that the communica- ‘‘(i) Developing specialized programs to assist lowing apply: tions technology referred to in subsection (c) is veteran-owned small businesses to secure capital ‘‘(1) The term ‘veteran’ includes a surviving able to distribute content throughout all 50 and repair damaged credit. spouse of the following: States and the territories of the United States to ‘‘(ii) Providing informational seminars on se- ‘‘(A) A member of the Armed Forces, including small business concerns, home-based businesses, curing loans to veteran-owned small businesses. a reserve component thereof. Small Business Development Centers, Women’s ‘‘(iii) Providing one-on-one counseling to vet- ‘‘(B) A veteran. Business Centers, Veterans Business Centers, eran-owned small businesses to improve the fi- ‘‘(2) The term ‘veteran-owned small business’ and the Small Business Administration and net- nancial presentations of such businesses to includes a small business owned by a surviving work entrepreneurs throughout all 50 States and lenders. spouse of the following: the territories of the United States to allow for

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peer-to-peer learning through the creation of a ‘‘(1) ESTABLISHMENT.—The Administrator is ‘‘(iv) the extent to which the applicant has location online that allows entrepreneurs and authorized to operate, alone or in coordination consulted with local tribal councils. small business owners the opportunity to ex- with other Federal departments and agencies, a ‘‘(D) APPLICABILITY OF GRANT REQUIRE- change technical assistance through the sharing Tribal Business Information Centers program MENTS.—An applicant for a grant under sub- of information. To the extent possible, the quali- that provides Native American populations with paragraph (A) shall comply with all of the re- fied third-party vendor should deliver the con- business training and entrepreneurial develop- quirements of this section, except that the tent and facilitate the networking using ment assistance. matching funds requirements under paragraph broadband technology. ‘‘(2) DESIGNATION OF CENTERS.—The Adminis- (4)(A) shall not apply. ‘‘(f) REPORTS TO CONGRESS.—The Adminis- trator shall designate entities as centers under ‘‘(E) MAXIMUM AMOUNT OF GRANTS.—No ap- trator shall submit a report to Congress 6 the Tribal Business Information Centers pro- plicant may receive more than $300,000 in grants months after the date of the enactment of this gram. under this paragraph for any fiscal year. section containing an analysis of the Small ‘‘(3) ADMINISTRATION SUPPORT.—The Adminis- ‘‘(F) REGULATIONS.—After providing notice Business Administration’s progress in imple- trator may contribute agency personnel and re- and an opportunity for comment and after con- menting this section. The Administrator shall sources to the centers designated under para- sulting with the Association recognized by the submit a report to Congress one year after the graph (2) to carry out this subsection. Administration pursuant to paragraph (3)(A) date of the enactment of this section and annu- ‘‘(4) GRANT PROGRAM.—The Administrator is (but not later than 180 days after the date of en- ally thereafter containing the number of presen- authorized to make grants of not more than actment of this paragraph), the Administration tations made under this section, the number of $300,000 to centers designated under paragraph shall issue final regulations to carry out this small businesses served under this section, the (2) for the purpose of providing Native Ameri- paragraph, including regulations that estab- extent to which this section resulted in the es- cans the following: lish— tablishment of new businesses, and feedback on ‘‘(A) Business workshops. ‘‘(i) standards relating to educational, tech- the usefulness of this medium in presenting en- ‘‘(B) Individualized business counseling. nical, and support services to be provided by trepreneurial education and facilitating the ex- ‘‘(C) Entrepreneurial development training. Small Business Development Centers receiving change of peer-to-peer technical assistance ‘‘(D) Access to computer technology and other assistance under this paragraph; and throughout the United States. resources to start or expand a business. ‘‘(ii) standards relating to any work plan that ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(5) REGULATIONS.—The Administrator shall the Administration may require a Small Busi- There are authorized to be appropriated to carry by regulation establish a process for designating ness Development Center receiving assistance out this section $2,000,000 for each of the fiscal centers under paragraph (2) and making the under this paragraph to develop. grants authorized under paragraph (4). years 2010 and 2011.’’. ‘‘(G) ADVICE OF LOCAL TRIBAL ORGANIZA- ‘‘(6) DEFINITION OF ADMINISTRATOR.—In this TIONS.—A Small Business Development Center TITLE III—ENHANCING NATIVE AMERICAN subsection, the term ‘Administrator’ means the ENTREPRENEURSHIP receiving a grant under this paragraph shall re- Administrator, acting through the Associate Ad- quest the advice of a tribal organization on how SEC. 301. OFFICE OF NATIVE AMERICAN AFFAIRS; ministrator administering the Office of Native best to provide assistance to Indian tribe mem- TRIBAL BUSINESS INFORMATION American Affairs. CENTERS PROGRAM. bers, Alaska Natives, and Native Hawaiians and ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—To where to locate satellite centers to provide such (a) ASSOCIATE ADMINISTRATOR.—Section carry out this subsection, there is authorized to assistance. 4(b)(1) of the Small Business Act (15 U.S.C. be appropriated to the Administrator $15,000,000 ‘‘(H) DEFINITIONS.—In this paragraph, the 633(b)(1)) is amended— for fiscal year 2010 and $17,000,000 for fiscal following definitions apply: (1) by striking ‘‘five Associate Administrators’’ year 2011. ‘‘(i) INDIAN LANDS.—The term ‘Indian lands’ and inserting ‘‘six Associate Administrators’’; ‘‘(c) DEFINITION OF NATIVE AMERICAN.—The has the meaning given the term ‘Indian country’ and term ‘Native American’ means an Indian tribe in section 1151 of title 18, United States Code, (2) by inserting after ‘‘vested in the Adminis- member, Alaska Native, or Native Hawaiian as the meaning given the term ‘Indian reservation’ tration.’’ the following: ‘‘One such Associate such are defined in section 21(a)(8) of this in section 151.2 of title 25, Code of Federal Regu- Administrator shall be the Associate Adminis- Act.’’. trator for Native American Affairs, who shall lations (as in effect on the date of enactment of SEC. 302. SMALL BUSINESS DEVELOPMENT CEN- this paragraph), and the meaning given the administer the Office of Native American Affairs TER ASSISTANCE TO INDIAN TRIBE established under section 45.’’. MEMBERS, ALASKA NATIVES, AND term ‘reservation’ in section 4 of the Indian (b) ESTABLISHMENT.—The Small Business Act NATIVE HAWAIIANS. Child Welfare Act of 1978 (25 U.S.C. 1903). (15 U.S.C. 631 et seq.) is amended by inserting (a) IN GENERAL.—Section 21(a) of the Small ‘‘(ii) INDIAN TRIBE.—The term ‘Indian tribe’ after section 44, as added by section 201 of this Business Act (15 U.S.C. 648(a)) is amended by means any band, nation, or organized group or Act, the following: adding at the end the following: community of Indians located in the contiguous ‘‘SEC. 45. OFFICE OF NATIVE AMERICAN AFFAIRS ‘‘(8) ADDITIONAL GRANT TO ASSIST INDIAN United States, and the Metlakatla Indian Com- AND TRIBAL BUSINESS INFORMA- TRIBE MEMBERS, ALASKA NATIVES, AND NATIVE munity, whose members are recognized as eligi- TION CENTERS PROGRAM. HAWAIIANS.— ble for the services provided to Indians by the ‘‘(a) OFFICE OF NATIVE AMERICAN AFFAIRS.— ‘‘(A) IN GENERAL.—Any applicant in an eligi- Secretary of the Interior because of their status ‘‘(1) ESTABLISHMENT.—There is established in ble State that is funded by the Administration as Indians. the Administration an Office of Native Amer- as a Small Business Development Center may ‘‘(iii) INDIAN TRIBE MEMBER.—The term ‘In- ican Affairs (hereinafter referred to in this sub- apply for an additional grant to be used solely dian tribe member’ means a member of an In- section as the ‘Office’). to provide services described in subsection (c)(3) dian tribe (other than an Alaska Native). ‘‘(2) ASSOCIATE ADMINISTRATOR.—The Office to assist with outreach, development, and en- ‘‘(iv) ALASKA NATIVE.—The term ‘Alaska Na- shall be administered by an Associate Adminis- hancement on Indian lands of small business tive’ has the meaning given the term ‘Native’ in trator appointed under section 4(b)(1). startups and expansions owned by Indian tribe section 3(b) of the Alaska Native Claims Settle- ‘‘(3) RESPONSIBILITIES.—The Office shall have members, Alaska Natives, and Native Hawai- ment Act (43 U.S.C. 1602(b)). the following responsibilities: ians. ‘‘(v) NATIVE HAWAIIAN.—The term ‘Native Ha- ‘‘(A) Developing and implementing tools and ‘‘(B) ELIGIBLE STATES.—For purposes of sub- waiian’ means any individual who is— strategies to increase Native American entrepre- paragraph (A), an eligible State is a State that ‘‘(I) a citizen of the United States; and neurship. has a combined population of Indian tribe mem- ‘‘(II) a descendant of the aboriginal people, ‘‘(B) Expanding the access of Native American bers, Alaska Natives, and Native Hawaiians who prior to 1778, occupied and exercised sov- entrepreneurs to business training, capital, and that comprises at least 1 percent of the State’s ereignty in the area that now constitutes the Federal small business contracts. total population, as shown by the latest avail- State of Hawaii. ‘‘(C) Expanding outreach to Native American able census. ‘‘(vi) TRIBAL ORGANIZATION.—The term ‘tribal communities and aggressively marketing entre- ‘‘(C) GRANT APPLICATIONS.—An applicant for organization’ has the meaning given that term preneurial development services to such commu- a grant under subparagraph (A) shall submit to in section 4(l) of the Indian Self-Determination nities. the Administration an application that is in and Education Assistance Act (25 U.S.C. ‘‘(D) Representing the Administration with re- such form as the Administration may require. 450b(l)). spect to Native American economic development The application shall include information re- ‘‘(I) AUTHORIZATION OF APPROPRIATIONS.— matters. garding the applicant’s goals and objectives for There is authorized to be appropriated to carry ‘‘(4) COORDINATION AND OVERSIGHT FUNC- the services to be provided using the grant, in- out this paragraph $7,000,000 for each of fiscal TION.—The Office shall provide oversight with cluding— years 2010 and 2011. respect to and assist the implementation of all ‘‘(i) the capability of the applicant to provide ‘‘(J) FUNDING LIMITATIONS.— Administration initiatives relating to Native training and services to a representative number ‘‘(i) NONAPPLICABILITY OF CERTAIN LIMITA- American entrepreneurial development. of Indian tribe members, Alaska Natives, and TIONS.—Funding under this paragraph shall be ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—To Native Hawaiians; in addition to the dollar program limitations carry out this subsection, there is authorized to ‘‘(ii) the location of the Small Business Devel- specified in paragraph (4). be appropriated to the Administrator $2,000,000 opment Center site proposed by the applicant; ‘‘(ii) LIMITATION ON USE OF FUNDS.—The Ad- for each of fiscal years 2010 and 2011. ‘‘(iii) the required amount of grant funding ministration may carry out this paragraph only ‘‘(b) TRIBAL BUSINESS INFORMATION CENTERS needed by the applicant to implement the pro- with amounts appropriated in advance specifi- PROGRAM.— gram; and cally to carry out this paragraph.’’.

VerDate Nov 24 2008 04:03 May 21, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.050 H20MYPT1 jbell on PROD1PC69 with HOUSE H5850 CONGRESSIONAL RECORD — HOUSE May 20, 2009 TITLE IV—BROADENING THE WOMEN’S ‘‘(A) at least 40 percent for first-tier projects section shall be in part based on the perform- BUSINESS CENTER PROGRAM under paragraph (2)(A); ance measures under subparagraphs (B) and SEC. 401. NOTIFICATION OF GRANTS; PUBLICA- ‘‘(B) 20 percent for second-tier projects under (C). These measures and the Administrator’s TION OF GRANT AMOUNTS. paragraph (2)(B); and evaluations thereof shall be made publicly avail- Section 29 of the Small Business Act (15 U.S.C. ‘‘(C) the remainder for third-tier projects able.’’. 656) is amended by adding at the end the fol- under paragraph (2)(C). SEC. 405. NATIONAL WOMEN’S BUSINESS COUN- lowing new subsection: ‘‘(4) BENCHMARKS FOR THIRD-TIER PROJECTS.— CIL. ‘‘(o) NOTIFICATION OF GRANTS; PUBLICATION In awarding third-tier projects under paragraph The Women’s Business Ownership Act of 1988 OF GRANT AMOUNTS.—The Administrator shall (2)(C), the Administrator shall use benchmarks is amended as follows: disburse funds to a women’s business center not based on socio-economic factors in the commu- (1) In section 409(a) (15 U.S.C. 7109(a)), by later than one month after the center’s applica- nity and on the performance of the applicant. adding the following at the end thereof: ‘‘Such tion is approved under this section. At the end The benchmarks shall include— studies shall include a study on the impact of of each fiscal year the Administrator (acting ‘‘(A) the total number of women served by the the 2008–2009 financial markets crisis on women- owned businesses, and a study of the use of the through the Office of Women’s Business owner- project; Small Business Administration’s programs by ship) shall publish on the Administration’s ‘‘(B) the proportion of low income women and women-owned businesses.’’. website a report setting forth the total amount socio-economic distribution of clients served by the project; (2) In section 410(a) (15 U.S.C. 7110(a)), by of the grants made under this Act to each wom- striking ‘‘2001 through 2003’’ and insert ‘‘2010 ‘‘(C) the proportion of individuals in the com- en’s business center in the fiscal year for which and 2011’’. the report is issued, the total amount of such munity that are socially or economically dis- grants made in each prior fiscal year to each advantaged (based on median income); TITLE V—SCORE PROGRAM such center, and the total amount of private ‘‘(D) the future fund-raising and service co- IMPROVEMENTS matching funds provided by each such center ordination plans; SEC. 501. EXPANSION OF VOLUNTEER REPRESEN- over the lifetime of the center.’’. ‘‘(E) the diversity of services provided; and TATION AND BENCHMARK REPORTS. (a) EXPANSION OF VOLUNTEER REPRESENTA- SEC. 402. COMMUNICATIONS. ‘‘(F) geographic distribution within and TION.—Section 8(b)(1)(B) of the Small Business Section 29 of the Small Business Act (15 U.S.C. across the 10 regions of the Small Business Ad- ministration.’’. Act (15 U.S.C. 637(b)(1)(B)) is amended— 656), as amended, is further amended by adding (1) by inserting ‘‘(i)’’ after ‘‘(B)’’; and (b) MATCHING.—Subparagraphs (A) and (B) of at the end the following new subsection: (2) by adding at the end the following: ‘‘(p) COMMUNICATIONS.—The Administrator section 29(c)(1) of the Small Business Act (15 ‘‘(ii) The Administrator shall ensure that shall establish, by rule, a standardized process U.S.C. 656(c)(1)) are amended to read as follows: SCORE, established under this subparagraph, to communicate with women’s business centers ‘‘(A) For the first and second years of the carries out a plan to increase the proportion of regarding program administration matters, in- project, 1 non-Federal dollar for each 2 Federal mentors who are from socially or economically cluding reimbursement, regulatory matters, and dollars. disadvantaged backgrounds and, on an annual programmatic changes. The Administrator shall ‘‘(B) Each year after the second year of the basis, reports to the Administrator on the imple- notify each women’s business center of the op- project— mentation of this subparagraph.’’. portunity for notice and comment on the pro- ‘‘(i) 1 non-Federal dollar for each Federal dol- (b) BENCHMARK REPORTS.—Section 8(b)(1)(B) posed rule.’’. lar; or of the Small Business Act (15 U.S.C. ‘‘(ii) if the center is in a community at least 50 SEC. 403. FUNDING. 637(b)(1)(B)), as amended, is further amended by percent of the population of which is below the (a) FORMULA.—Section 29(b) of the Small adding at the end the following: median income for the State or United States Business Act (15 U.S.C. 656(b)) is amended to ‘‘(iii) The Administrator shall ensure that territory in which the center is located, 1 non- read as follows: SCORE, established under this subparagraph, Federal dollar for each 2 Federal dollars.’’. establishes benchmarks for use in evaluating the ‘‘(b) AUTHORITY.— (c) AUTHORIZATION.—Section 20 of the Small performance of its activities and the perform- ‘‘(1) IN GENERAL.—The Administrator may Business Act (15 U.S.C. 631 note) is amended by provide financial assistance to private nonprofit ance of its volunteers. The benchmarks shall in- inserting the following new subsection after sub- organizations to conduct projects for the benefit clude benchmarks relating to the demographic section (e): of small business concerns owned and controlled characteristics and the geographic characteris- ‘‘(f) WOMEN’S BUSINESS CENTERS.—There is tics of persons assisted by SCORE, benchmarks by women. The projects shall provide— ‘‘(A) financial assistance, including training authorized to be appropriated for purposes of relating to the hours spent mentoring by volunteers, and benchmarks relating to the perform- and counseling in how to apply for and secure grants under section 29 to women’s business cen- ance of the persons assisted by SCORE. SCORE business credit and investment capital, pre- ters not more than $20,000,000 in fiscal year 2010 shall report, on an annual basis, to the Admin- paring and presenting financial statements, and and not more than $22,000,000 in fiscal year istrator the extent to which the benchmarks es- managing cash flow and other financial oper- 2011.’’. tablished under this clause are being attained.’’. ations of a business concern; SEC. 404. PERFORMANCE AND PLANNING. ‘‘(B) management assistance, including train- (a) IN GENERAL.—Section 29(h)(1) of the Small SEC. 502. MENTORING AND NETWORKING. ing and counseling in how to plan, organize, Business Act (15 U.S.C. 656(h)(1)) is amended— Section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)), as amended, is further staff, direct, and control each major activity (1) by striking ‘‘and’’ at the end of subpara- amended by adding at the end the following: and function of a small business concern; and graph (A); ‘‘(iv) The Administrator shall ensure that ‘‘(C) marketing assistance, including training (2) by redesignating subparagraph (B) as sub- SCORE, established under this subparagraph, and counseling in identifying and segmenting paragraph (D); and establishes a mentoring program for small busi- domestic and international market opportuni- (3) by inserting the following new subpara- ness concerns that provides one-on-one advice ties, preparing and executing marketing plans, graphs after subparagraph (A): to small business concerns from qualified coun- developing pricing strategies, locating contract ‘‘(B) establish performance measures, taking selors. For purposes of this clause, qualified opportunities, negotiating contracts, and uti- into account the demographic differences of counselors are counselors with at least 10 years lizing varying public relations and advertising populations served by women’s business centers, experience in the industry sector or area of re- techniques. which measures shall include— sponsibility of the small business concern seek- ‘‘(2) TIERS.—The Administrator shall provide ‘‘(i) outcome-based measures of the amount of job creation or economic activity generated in ing advice. assistance under paragraph (1) in 3 tiers of as- ‘‘(v) The Administrator shall carry out a net- the local community as a result of efforts made sistance as follows: working program through SCORE, established and services provided by each women’s business ‘‘(A) The first tier shall be to conduct a 5-year under this subparagraph, that provides small center, and project in a situation where a project has not business concerns with the opportunity to make ‘‘(ii) service-based measures of the amount of previously been conducted. Such a project shall business contacts in their industry or geo- services provided to individuals and small busi- be in a total amount of not more than $150,000 graphic region.’’. per year. ness concerns served by each women’s business center; SEC. 503. NAME OF PROGRAM CHANGED TO ‘‘(B) The second tier shall be to conduct a 3- SCORE. ‘‘(C) require each women’s business center to year project in a situation where a first-tier (a) NAME CHANGE.—The Small Business Act is project is being completed. Such a project shall submit an annual plan for the next year that amended as follows: be in a total amount of not more than $100,000 includes the center’s funding sources and (1) In section 8(b)(1)(B) (15 U.S.C. per year. amounts, strategies for increasing outreach to 637(b)(1)(B)), by striking ‘‘Executives (SCORE)’’ ‘‘(C) The third tier shall be to conduct a 3- women-owned businesses, strategies for increas- and inserting ‘‘Executives (in this Act referred year project in a situation where a second-tier ing job growth in the community, and other to as ‘SCORE’)’’. project is being completed. Such a project shall content as determined by the Administrator; (2) In section 7(m)(3)(A)(i)(VIII) (15 U.S.C. be in a total amount of not more than $100,000 and’’. 636(m)(3)(A)(i)(VIII)), by striking ‘‘the Service per year. Third-tier grants shall be renewable (b) CONFORMING AMENDMENT.—Section Corps of Retired Executives’’ and inserting subject to established eligibility criteria as well 29(h)(1) of the Small Business Act (15 U.S.C. ‘‘SCORE’’. as criteria in subsection (b)(4). 656(h)(1)), as amended, is further amended by (3) In section 20 (15 U.S.C. 631 note)— ‘‘(3) ALLOCATION OF FUNDS.—Of the amounts adding the following at the end thereof: (A) in subsection (d)(1)(E), by striking ‘‘the made available for assistance under this sub- ‘‘The Administrator’s evaluation of each wom- Service Corps of Retired Executives program’’ section, the Administrator shall allocate— en’s business center as required by this sub- and inserting ‘‘SCORE’’; and

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(B) in subsection (e)(1)(E), by striking ‘‘the ‘‘(6) ENTREPRENEURIAL DEVELOPMENT POR- not more than $500,000 may be used by the Ad- Service Corps of Retired Executives program’’ TAL.—The Administrator shall publish a design ministration to pay expenses enumerated in sub- and inserting ‘‘SCORE’’. for a Web-based portal to provide comprehensive paragraphs (B) through (D) of section (4) In section 33(b)(2) (15 U.S.C. 657c(b)(2)), by information on the Administration’s entrepre- 20(a)(1).’’. striking ‘‘Service Corps of Retired Executives’’ neurial development programs. After a period of (g) NON-MATCHING PORTABILITY GRANTS.— and inserting ‘‘SCORE’’. 60 days for public comment, the Administrator Section 21(a)(4)(C)(viii) of the Small Business (b) ELIMINATION OF ACE.—Section 8(b)(1)(B) shall establish such portal and— Act (15 U.S.C. 648(a)(4)(C)(viii)) is amended by of the Small Business Act (15 U.S.C. ‘‘(A) integrate under one Web portal, Small adding at the end the following: ‘‘In the event 637(b)(1)(B)), as amended, is further amended by Business Development Centers, Women’s Busi- of a disaster, the dollar limitation in the pre- striking ‘‘and an Active Corps of Executive ness Centers, SCORE, Veterans Business Cen- ceding sentence shall not apply.’’. (ACE)’’. ters, the Administration’s distance learning pro- (h) DISTRIBUTION TO SBDCS.—Section 21(b) of SEC. 504. AUTHORIZATION OF APPROPRIATIONS. gram, and other programs as appropriate; the Small Business Act (15 U.S.C. 648(b)) is Section 20 of the Small Business Act (15 U.S.C. ‘‘(B) revise the Administration’s primary Web amended by adding at the end the following 631 note), as amended by section 403(c) of this site so that the Web portal described in subpara- new paragraph: Act, is further amended by inserting the fol- graph (A) is available as a link on the main Web ‘‘(4) LIMITATION ON DISTRIBUTION TO SMALL lowing new subsection after subsection (f): page of the Web site; BUSINESS DEVELOPMENT CENTERS.— ‘‘(g) AUTHORIZATION OF APPROPRIATIONS FOR ‘‘(C) increase consumer-oriented content on SCORE.—There is authorized to be appropriated ‘‘(A) IN GENERAL.—Except as otherwise pro- the Administration’s Web site and focus on provided in this paragraph, the Administration $7,000,000 for SCORE under section 8(b)(1) for moting access to business solutions, including each of the fiscal years 2010 and 2011.’’. shall not distribute funds to a Small Business marketing, financing, and human resources Development Center if the State in which the TITLE VI—EXPANDING planning; Small Business Development Center is located is ENTREPRENEURSHIP ‘‘(D) establish relevant Web content aggre- served by more than one Small Business Devel- SEC. 601. EXPANDING ENTREPRENEURSHIP. gated by industry segment, stage of business de- opment Center. Section 4 of the Small Business Act (15 U.S.C. velopment, level of need, and include referral ‘‘(B) UNAVAILABILITY EXCEPTION.—The Ad- 633) is amended by adding at the end the fol- links to appropriate Administration services, in- ministration may distribute funds to a maximum lowing: cluding financing, training and counseling, and of 2 Small Business Development Centers in any ‘‘(g) MANAGEMENT AND DIRECTION.— procurement assistance; and State if no applicant has applied to serve the ‘‘(1) PLAN FOR ENTREPRENEURIAL DEVELOP- ‘‘(E) provide style guidelines and links for entire State. MENT AND JOB CREATION STRATEGY.—The Ad- visitors to the Administration’s Web site to be ‘‘(C) GRANDFATHER CLAUSE.—The limitations ministrator shall develop and submit to Congress able to comment on and evaluate the materials a plan, in consultation with a representative in this paragraph shall not apply to any State in terms of their usefulness. in which more than one Small Business Devel- from each of the agency’s entrepreneurial devel- ‘‘(7) PILOT PROGRAMS.—The Administrator opment programs, for using the Small Business opment Center received funding prior to Janu- may not conduct any pilot program for a period ary 1, 2007. Administration’s entrepreneurial development of greater than 3 years if the program conflicts ‘‘(D) DEFINITION.—For the purposes of this programs as a catalyst for job creation for fiscal with, or uses the resources of, any of the entre- paragraph, the term ‘Small Business Develop- years 2009 and 2010. The plan shall include the preneurial development programs authorized ment Center’ means the entity selected by the Administration’s plan for drawing on existing under section 8(b)(1)(B), 21, 29, 32, or any other Administration to receive funds pursuant to the programs, including Small Business Develop- provision of this Act.’’. ment Centers, Women’s Business Centers, funding formula set forth in subsection (a)(4), TITLE VII—MODERNIZING THE SMALL SCORE, Veterans Business Centers, Native without regard to the number of sites for service BUSINESS DEVELOPMENT CENTER PRO- American Outreach, and other appropriate pro- delivery such entity establishes or funds.’’. GRAM grams. The Administrator shall identify a strat- (i) WOMEN’S BUSINESS CENTERS.—Section egy for each Administration region to create or SEC. 701. SMALL BUSINESS DEVELOPMENT CEN- 21(a)(1) of the Small Business Act (15 U.S.C. retain jobs through Administration programs. TERS OPERATIONAL CHANGES. 648(a)(1)), as amended, is further amended— The Administrator shall identify, in consulta- (a) ACCREDITATION REQUIREMENT.—Section (1) by striking ‘‘and women’s business centers tion with appropriate personnel from entrepre- 21(a)(1) of the Small Business Act (15 U.S.C. operating pursuant to section 29’’; and neurial development programs, performance 648(a)(1)) is amended as follows: (2) by striking ‘‘or a women’s business center measures and criteria, including job creation, (1) In the proviso, by inserting before ‘‘institu- operating pursuant to section 29’’. job retention, and job retraining goals, to evalu- tion’’ the following: ‘‘accredited’’. SEC. 702. ACCESS TO CREDIT AND CAPITAL. (2) In the sentence beginning ‘‘The Adminis- ate the success of the Administration’s actions Section 21 of the Small Business Act (15 U.S.C. tration shall’’, by inserting before ‘‘institutions’’ regarding these efforts. 648) is amended by adding at the end the fol- the following: ‘‘accredited’’. ‘‘(2) DATA COLLECTION PROCESS.—The Admin- lowing new subsection: istrator shall, after notice and opportunity for (3) By adding at the end the following new sentence: ‘‘In this paragraph, the term ‘accred- ‘‘(o) ACCESS TO CREDIT AND CAPITAL PRO- comment, promulgate a rule to develop and im- GRAM.— plement a consistent data collection process to ited institution of higher education’ means an ‘‘(1) IN GENERAL.—The Administration shall cover all entrepreneurial development programs. institution that is accredited as described in section 101(a)(5) of the Higher Education Act of establish a grant program for small business de- Such data collection process shall include data velopment centers in accordance with this sub- relating to job creation, performance, and any 1965 (20 U.S.C. 1001(a)(5)).’’. (b) PROGRAM NEGOTIATIONS.—Section 21(a)(3) section. To be eligible for the program, a small other data determined appropriate by the Ad- business development center must be in good ministrator with respect to the Administration’s of the Small Business Act (15 U.S.C. 648(a)(3)) is amended in the matter preceding subparagraph standing and comply with the other require- entrepreneurial development programs. ments of this section. Funds made available ‘‘(3) COORDINATION AND ALIGNMENT OF SBA (A), by inserting before ‘‘agreed’’ the following: through the program shall be used to— ENTREPRENEURIAL DEVELOPMENT PROGRAMS.— ‘‘mutually’’. ‘‘(A) develop specialized programs to assist The Administrator shall submit annually to (c) CONTRACT NEGOTIATIONS.—Section local small business concerns in securing capital Congress, in consultation with other Federal de- 21(a)(3)(A) of the Small Business Act (15 U.S.C. and repairing damaged credit; partments and agencies as appropriate, a report 648(a)(3)(A)) is amended by inserting after ‘‘union opportunities to foster coordination, limit du- form negotiated’’ the following: ‘‘mutually ‘‘(B) provide informational seminars on secur- plication, and improve program delivery for agreed to’’. ing credit and loans; Federal entrepreneurial development programs. (d) SBDC HIRING.—Section 21(c)(2)(A) of the ‘‘(C) provide one-on-one counseling with po- ‘‘(4) DATABASE OF ENTREPRENEURIAL DEVEL- Small Business Act (15 U.S.C. 648(c)(2)(A)) is tential borrowers to improve financial presen- OPMENT SERVICE PROVIDERS.—The Adminis- amended by inserting after ‘‘full-time staff’’ the tations to lenders; and trator shall, after a period of 60 days for public following: ‘‘, the hiring of which shall be at the ‘‘(D) facilitate borrowers’ access to non-tradi- comment, establish a database of providers of sole discretion of the center without the need for tional financing sources, as well as traditional entrepreneurial development services and, make input or approval from any officer or employee lending sources. such database available through the Adminis- of the Administration’’. ‘‘(2) AWARD SIZE LIMIT.—The Administration tration’s Web site. The database shall be search- (e) CONTENT OF CONSULTATIONS.—Section may not award an entity more than $300,000 in able by industry, geography, and service re- 21(a)(7)(A) of the Small Business Act (15 U.S.C. grant funds under this subsection. quired. 648(a)(7)(A)) is amended in the matter preceding ‘‘(3) AUTHORITY.—Subject to amounts ap- ‘‘(5) COMMUNITY SPECIALIST.—The Adminis- clause (i) by inserting after ‘‘under this section’’ proved in advance in appropriations Acts and trator shall designate not less than one staff the following: ‘‘, or the content of any consulta- separate from amounts approved to carry out member in each Administration district office as tion with such an individual or small business the program established in subsection (a)(1), the a community specialist who has as their full- concern,’’. Administration may make grants or enter into time responsibility working with local entrepre- (f) AMOUNTS FOR ADMINISTRATIVE EX- cooperative agreements to carry out this sub- neurial development service providers to in- PENSES.—Section 21(a)(4)(C)(v)(I) of the Small section. crease coordination with Federal resources. The Business Act (15 U.S.C. 648(a)(4)(C)(v)(I)) is ‘‘(4) AUTHORIZATION.—There is authorized to Administrator shall develop benchmarks for amended to read as follows: be appropriated not more than $2,500,000 for the measuring the performance of community spe- ‘‘(I) IN GENERAL.—Of the amounts made avail- purposes of carrying out this subsection for each cialists under this subsection. able in any fiscal year to carry out this section, of the fiscal years 2010 and 2011.’’.

VerDate Nov 24 2008 04:03 May 21, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 6333 E:\CR\FM\A20MY7.050 H20MYPT1 jbell on PROD1PC69 with HOUSE H5852 CONGRESSIONAL RECORD — HOUSE May 20, 2009 SEC. 703. PROCUREMENT TRAINING AND ASSIST- ‘‘(r) MAIN STREET STABILIZATION.— The text of the amendment is as fol- ANCE. ‘‘(1) IN GENERAL.—The Administration shall lows: Section 21 of the Small Business Act (15 U.S.C. establish a grant program for small business de- 648), as amended, is further amended by adding velopment centers in accordance with this sub- Amendment No. 1 offered by Ms. ´ at the end the following new subsection: section. To be eligible for the program, a small VELAZQUEZ: ‘‘(p) PROCUREMENT TRAINING AND ASSIST- business development center must be in good Page 9, beginning line 19, strike ‘‘with re- ANCE.— standing and comply with the other require- spect to the benefits of self-employment’’ ‘‘(1) IN GENERAL.—The Administration shall ments of this section. Funds made available and insert ‘‘to promote self-employment op- establish a grant program for small business de- through the program shall be used to— portunities’’. velopment centers in accordance with this sub- ‘‘(A) establish a statewide small business Page 9, line 21, strike ‘‘tailored’’. section. To be eligible for the program, a small helpline within every State and United States Page 12, line 20, strike ‘‘high-quality’’. business development center must be in good territory to provide immediate expert informa- Page 14, line 9, insert after ‘‘Veterans Busi- standing and comply with the other require- tion and assistance to small business concerns; ness Centers,’’ the following: ‘‘SCORE chap- ments of this section. Funds made available ‘‘(B) develop a portfolio of online survival and ters,’’. through the program shall be used to— growth tools and resources that struggling small Page 16, line 21, strike ‘‘capital’’ and insert ‘‘(A) work with local agencies to identify con- business concerns can utilize through the Inter- ‘‘financing’’. tracts that are suitable for local small business net; Page 16, line 24, strike ‘‘aggressively’’. concerns; ‘‘(C) develop business advisory capacity to Page 33, line 9, strike ‘‘the performance’’. ‘‘(B) prepare small businesses to be ready as provide expert consulting and education to as- Page 33, line 13, strike ‘‘relating’’ and in- subcontractors and prime contractors for consist small businesses at-risk of failure and to, in sert ‘‘related’’. tracts made available under the American Re- areas of high demand, shorten the response time Page 36, beginning line 13, strike ‘‘as a cat- covery and Reinvestment Act of 2009 (Public of small business development centers, and, in alyst for job creation for’’ and insert ‘‘to cre- Law 111–5) through training and business ad- rural areas, support added outreach in remote ate jobs during’’. visement, particularly in the construction communities; Page 36, line 14, strike ‘‘2009 and 2010’’ and trades; and ‘‘(D) deploy additional resources to help spe- insert ‘‘2010 and 2011’’. cific industry sectors with a high presence of ‘‘(C) provide technical assistance regarding Page 7, after line 22 insert the following: small business concerns, which shall be targeted the Federal procurement process, including as- ‘‘(v) Providing one-on-one or group coun- toward clusters of small businesses with similar sisting small business concerns to comply with seling to owners of small business concerns needs and build upon best practices from earlier federal regulations and bonding requirements. who are members of the reserve components ‘‘(2) AWARD SIZE LIMIT.—The Administration assistance; ‘‘(E) develop a formal listing of financing op- of the armed forces, as specified in section may not award an entity more than $300,000 in 10101 of title 10, United States Code, to assist grant funds under this subsection. tions for small business capital access; and ‘‘(F) deliver services that help dislocated such owners to effectively prepare their ‘‘(3) AUTHORITY.—Subject to amounts ap- small businesses for periods when such own- proved in advance in appropriations Acts and workers start new businesses. ‘‘(2) AWARD SIZE LIMIT.—The Administration ers are deployed in support of a contingency separate from amounts approved to carry out may not award an entity more than $250,000 in operation.’’. the program established in subsection (a)(1), the grant funds under this subsection. Page 6, line 22, strike ‘‘(10)’’ and insert Administration may make grants or enter into ‘‘(3) AUTHORITY.—Subject to amounts ap- ‘‘(11)’’. cooperative agreements to carry out this sub- proved in advance in appropriations Acts and Page 6, after line 21 insert the following: section. separate from amounts approved to carry out ‘‘(10) RURAL AREAS.—The Director shall ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— the program established in subsection (a)(1), the submit annually to the Administrator a re- There is authorized to be appropriated not more Administration may make grants or enter into port on whether a sufficient percentage, as than $2,500,000 for the purposes of carrying out cooperative agreements to carry out this sub- determined by the Director, of veterans in this subsection for each of the fiscal years 2010 section. rural areas have adequate access to a vet- and 2011.’’. ‘‘(4) AUTHORIZATION.—There is authorized to erans business center. If the Director sub- SEC. 704. GREEN ENTREPRENEURS TRAINING be appropriated not more than $2,500,000 for the mits a report under this paragraph that does PROGRAM. purposes of carrying out this subsection for each not demonstrate that a sufficient percentage Section 21 of the Small Business Act (15 U.S.C. of the fiscal years 2010 and 2011.’’. of veterans in rural areas have adequate ac- 648), as amended, is further amended by adding SEC. 706. PROHIBITION ON PROGRAM INCOME cess to a veterans business center, the Direc- at the end the following new subsection: BEING USED AS MATCHING FUNDS. tor shall give priority during the one year ‘‘(q) GREEN ENTREPRENEURS TRAINING PRO- Section 21(a)(4)(B) (15 U.S.C. 648(a)(4)(B)) is period following the date of the submission GRAM.— amended by inserting after ‘‘Federal program’’ ‘‘(1) IN GENERAL.—The Administration shall the following: ‘‘and shall not include any funds of such report to applications for designa- establish a grant program for small business de- obtained through the assessment of fees to small tions and grants under this subsection that velopment centers in accordance with this sub- business clients’’. will establish veterans business centers in section. To be eligible for the program, a small SEC. 707. AUTHORIZATION OF APPROPRIATIONS. rural areas.’’. business development center must be in good Section 20 of the Small Business Act (15 U.S.C. Page 31, line 12, insert after ‘‘community’’ standing and comply with the other require- 631 note), as amended by sections 403(c) and 504 the following: ‘‘, strategies for increasing job ments of this section. Funds made available of this Act, is further amended by inserting after placement of women in nontraditional occu- through the program shall be used to— subsection (g) the following new subsection: pations’’. ‘‘(A) provide education classes and one-on- ‘‘(h) SMALL BUSINESS DEVELOPMENT CEN- Page 47, line 8, strike ‘‘and’’. one instruction in starting a business in the TERS.—There is authorized to be appropriated to Page 47, line 12, strike the period and in- fields of energy efficiency, green technology, or carry out the Small Business Development Cen- sert ‘‘; and’’. clean technology; ter Program under section 21 $150,000,000 for fis- Page 47, after line 12, insert the following ‘‘(B) coordinate such classes and instruction, cal year 2010 and $160,000,000 for fiscal year new subparagraph: to the extent practicable, with local community 2011.’’. ‘‘(D) provide services that assist low-in- colleges and local professional trade associa- The CHAIR. No amendment to the come or dislocated workers to start busi- tions; and committee amendment is in order ex- nesses in the fields of energy efficiency, ‘‘(C) assist and provide technical counseling green technology, or clean technology.’’. to individuals seeking to start a business in the cept those printed in House Report 111– Page 47, line 4, insert after ‘‘clean tech- fields of energy efficiency, green technology, or 121. Each amendment may be offered nology’’ the following: ‘‘and in adapting a clean technology. only in the order printed in the report, business to include such fields’’. ‘‘(2) AWARD SIZE LIMIT.—The Administration by a Member designated in the report, Page 47, line 12, insert after ‘‘clean tech- may not award an entity more than $300,000 in shall be considered read, shall be de- nology’’ the following: ‘‘and to individuals grant funds under this subsection. batable for the time specified in the re- seeking to adapt a business to include such ‘‘(3) AUTHORITY.—Subject to amounts ap- port, equally divided and controlled by fields’’. proved in advance in appropriations Acts and the proponent and an opponent of the Page 27, line 18, insert after ‘‘per year.’’ the separate from amounts approved to carry out following: ‘‘Projects receiving assistance the program established in subsection (a)(1), the amendment, shall not be subject to under this subparagraph that possess the ca- Administration may make grants or enter into amendment, and shall not be subject to pacity to train existing or potential business cooperative agreements to carry out this sub- a demand for division of the question. owners in the fields of green technology, section. b 1515 clean technology, or energy efficiency shall ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— receive the maximum award under this sub- AMENDMENT NO. 1 OFFERED BY MS. VELA´ ZQUEZ There is authorized to be appropriated not more paragraph.’’. than $2,500,000 for the purposes of carrying out The CHAIR. It is now in order to con- Page 29, after line 5 insert the following: this subsection for each of the fiscal years 2010 sider amendment No. 1 printed in ‘‘(E) the capacity of the project to train ex- and 2011.’’. House Report 111–121. ´ isting or potential business owners in the SEC. 705. MAIN STREET STABILIZATION. Ms. VELAZQUEZ. Mr. Chairman, I fields of green technology, clean technology, Section 21 of the Small Business Act (15 U.S.C. have an amendment at the desk. or energy efficiency;’’. 648), as amended, is further amended by adding The CHAIR. The Clerk will designate Page 29, line 6, strike ‘‘(E)’’ and insert the following new subsection at the end thereof: the amendment. ‘‘(F)’’.

VerDate Nov 24 2008 04:57 May 21, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.050 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5853 Page 29, line 7, strike ‘‘(F)’’ and insert help the SBA select the worthiest of Entrepreneurs will greatly benefit ‘‘(G)’’. the applicant pool. from targeted training on energy use, a Page 32, after line 12 insert the following: I have to say, Mr. Chairman, I know detail that represents 19 percent of the SEC. 406. APPLICANT EVALUATION CRITERIA. there’s a lot of thank-yous going cost of running a small business. This Section 29(f) of the Small Business Act (15 around today, but I do sincerely want high recurring cost can be incon- U.S.C. 656(f)) is amended— to thank the gentlelady, Chairwoman sistent, unpredictable, and fluctuate (1) in paragraph (3) by striking ‘‘and’’ at ´ the end; VELAZQUEZ, because she spent a lot of seasonally. (2) in paragraph (4) by striking the period time working on issues facing rural High energy costs in periods of re- and inserting ‘‘; and’’; and America, and it’s kind of a hard area to duced revenue can be a frustrating (3) by adding at the end the following: understand in a lot of cases. And I ap- challenge for a small business—but it’s ‘‘(5) whether the applicant has the capacity preciate that. I know a lot of people ap- also avoidable. to train existing or potential business own- preciate that. It doesn’t go unnoticed Many communities and utilities offer ers in the fields of green technology, clean at all. programs to help businesses reduce en- technology, or energy efficiency.’’. I yield back the balance of my time. ergy consumption and many also offer Page 5, line 13, after ‘‘hardship.’’ insert the ´ following: ‘‘The Director may waive the Ms. VELAZQUEZ. I yield back the tax breaks and incentives to reduce en- matching funds requirement under this para- balance of my time. ergy use. Some of the incentive pro- graph with respect to veterans business cen- The CHAIR. The question is on the grams available include assistance in ters that serve communities with a per cap- amendment offered by the gentle- acquiring efficient office hardware and ita income less than 75 percent of the na- woman from New York (Ms. installing renewable energy projects, tional per capita income and an unemploy- VELA´ ZQUEZ). but they can also help business owners ment rate at least 150 percent higher than The amendment was agreed to. with simple solutions, such as install- the national average.’’. AMENDMENT NO. 2 OFFERED BY MS. MARKEY OF ing fluorescent light bulbs, turning off The CHAIR. Pursuant to House Reso- COLORADO unused equipment, and closing doors lution 457, the gentlewoman from New The CHAIR. It is now in order to con- and windows. York (Ms. VELA´ ZQUEZ) and a Member sider amendment No. 2 printed in However, as common sense as it may opposed each will control 10 minutes. House Report 111–121. seem to turn off a light when not in The Chair recognizes the gentle- Ms. MARKEY of Colorado. As the use, during the intense activity of woman from New York. designee for Mr. POLIS, I have an starting a new business, ordering in- ´ Ms. VELAZQUEZ. Thank you, Mr. amendment at the desk. ventory, and hiring new employees, the Chairman. I yield myself such time as The CHAIR. The Clerk will designate lack of attention paid to an open win- I may consume. the amendment. dow can quickly morph from a harm- The manager’s amendment makes The text of the amendment is as fol- less oversight to an expensive habit. technical and conforming changes to lows: Mr. Chairman, I want to remind my the underlying legislation. It also in- Amendment No. 2 offered by Ms. MARKEY colleagues that 19 percent paid for en- corporates several important amend- of Colorado: ergy is 19 percent that is not being re- ments offered by Ms. MARKEY, Mr. CAR- Page 27, line 1, insert after ‘‘concern’’ the invested in the business. That is 19 per- NEY, Mr. POLIS, Ms. PINGREE, and Mr. following: ‘‘, including implementing cost cent less cushion a business owner has CARDOZA. saving energy techniques’’. in the event of an economic downturn. Across all areas of the legislation, The CHAIR. Pursuant to House Reso- Nineteen percent may seem small, but these amendments sharpen the provi- lution 457, the gentlewoman from Colo- it could be smaller. sions, making them more effective in rado (Ms. MARKEY) and a Member op- Energy, of course, is a necessary ex- assisting our entrepreneurs. In par- posed each will control 5 minutes. pense. Compared to good employees ticular, these amendments strengthen The Chair recognizes the gentle- and quality projects, however, this ex- provisions dealing with veterans, rural woman from Colorado. penditure yields marginal returns. entrepreneurs, women entrepreneurs, Ms. MARKEY of Colorado. Mr. Chair- There is a reason that our utility com- and green technology. man, I rise in support of my colleagues’ panies call us valued customers and I would like to thank my colleagues amendment. I thank Representative don’t call us wise investors. Imagine if who contributed these changes and al- SHULER, Representative VELA´ ZQUEZ, that 19 percent could be 9 percent. lowed them to be included in the man- and members of the Small Business To put it a better way, what if we ager’s amendment. Ultimately, we Committee and their staff for bringing could offer entrepreneurs an additional have a manager’s amendment that will forward this legislation that will pro- 10 percent capital? That 10 percent of improve this legislation and, more im- mote entrepreneurship at a time when additional resources can be invested in portantly, foster entrepreneurship and our Nation needs it most. aspects of the operation that generate job growth. As a former small business owner, I revenue. Mr. Chairman, I strongly encourage know that starting a new business is an The accumulated cost savings from my colleagues to support this amend- exciting experience. I know also that moving the thermostat just a few de- ment. with the steep learning curve involved grees and reinvesting those funds into I reserve the balance of my time. in managing and building a business, the business over time can be the dif- Mr. GRAVES. Mr. Chairman, I rise to all too important details are left unat- ference between new supplies, expand- claim time on the gentlelady’s amend- tended. It is these details, however, ing, or hiring a new employee. ment. that can determine whether a business This amendment strengthens our in- The CHAIR. Without objection, the will succeed or fail. vestment in small businesses by help- gentleman from Missouri is recognized The educational and networking pro- ing them with low-cost ways to im- for 10 minutes. grams established by this bill will help prove their operations and increase There was no objection. small business owners attend to these their profits. The most exciting aspect Mr. GRAVES. Mr. Chairman, Chair- details with the assistance of dedicated of small business is the spirit of entre- woman VELA´ ZQUEZ’s amendment professionals. preneurship, but finding creative solu- makes very much needed technical Each community and each business tions to reduce costs and save energy changes to the bill. In addition, the presents a unique set of challenges and are possible only when business owners amendments clarify and strengthen the rewards. By creating specialized Small are made aware of the opportunities ability of Reservists and veterans to Business Development Centers, the available to them. access the full range of SBA training modest funds we allocate in this bill This amendment, by simply creating and education programs. I fully sup- will yield strong results through tar- awareness of energy-saving techniques port those changes. geted counseling and training. This and programs, will help small busi- The amendments also provide for amendment simply adds training on re- nesses thrive. Reducing energy con- more detailed criteria in evaluating ap- ducing operating expenses through en- sumption is not only smart environ- plications for the Women’s Business ergy savings to the existing list of edu- mental policy, it is sound economic Center. These additional criteria will cational programs under this bill. policy.

VerDate Nov 24 2008 04:03 May 21, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.051 H20MYPT1 jbell on PROD1PC69 with HOUSE H5854 CONGRESSIONAL RECORD — HOUSE May 20, 2009 I ask my colleagues to support this be implemented to more effectively serve The CHAIR. Without objection, the amendment and this important bill. I small business concerns owned and con- gentlewoman from New York is recog- once again thank Representative trolled by veterans. nized for 5 minutes. SHULER, Chairwoman VELA´ ZQUEZ, and The CHAIR. Pursuant to House Reso- There was no objection. members of the Small Business Com- lution 457, the gentleman from Min- Ms. VELA´ ZQUEZ. I thank the gen- mittee nesota (Mr. PAULSEN) and a Member tleman from Minnesota for offering I reserve the balance of my time. opposed each will control 5 minutes. this amendment. All of us on both sides Ms. VELA´ ZQUEZ. Mr. Chairman, The Chair recognizes the gentleman of the aisle want to make sure that while not opposed to the amendment, I from Minnesota. these programs meet the needs of our Mr. PAULSEN. I yield myself such ask to claim the time in opposition. entrepreneurs. I think we’re doing good time as I may consume. The CHAIR. Without objection, the work with this legislation. But, as with First of all, I’d like to thank the many government programs, we must gentlewoman from New York is recog- chair of the subcommittee. Mr. Chair- ensure there is sufficient oversight. nized for 5 minutes. man, growing small businesses must be It is important that we carefully There was no objection. a top priority in order to turn this ´ monitor how taxpayer dollars are spent Ms. VELAZQUEZ. Mr. Chairman, as economy around. Our military veterans our Nation transitions to a green econ- that own businesses face their own and what effect they’re having. Most of omy, America’s entrepreneurs are lead- unique challenges—and the govern- all, we must be sure that these pro- ing the way. Entrepreneurs make up 90 ment must ensure that the programs in grams accomplish what Congress in- percent of the renewable energy sector place to assist these veterans are tended. that is harnessing wind and solar achieving their goals. The amendment in question will pro- power, as well as producing biofuels. I recently took part in a Minnesota vide this oversight. It requires the Gov- Small companies are also dominant in Defense Alliance event where I was ernment Accountability Office to re- the field of energy efficiency, and briefed by several small-to-medium- port on the effectiveness of ED pro- they’re finding better, cleaner ways to sized businesses in Minnesota that do grams for veterans. use existing fuel sources. work related to defense issues. Many of I welcome this additional oversight. The renewable energy and efficiency these companies were veteran-owned. If Congress is going to ensure veterans sectors are leading a new way for One of the concerns that was raised are receiving the help they need from growth. They are expected to account by a few of the participants was that the SBA, we must make sure these new for one out of every four jobs by 2030. the programs currently available to programs are functioning correctly. I Small businesses are also instrumental veteran-owned businesses are not effec- will encourage my colleagues to vote in efforts promoting energy efficiency tive and do not meet their needs. Be- for this amendment. in both existing and new buildings. cause of these concerns, I authored this Now I yield to the gentleman from The amendment offered by the gen- amendment, which would require the Missouri for any comments that he tlelady from Colorado will build on this GAO to study the effectiveness of the may have. role. It clarifies that Women’s Business legislation in growing and assisting Mr. GRAVES. I appreciate the gen- Centers may utilize their resources to veteran-owned companies and busi- tlelady from New York yielding me promote cost-saving energy techniques. nesses. time. Mr. Chairman, I think this is a That is a valuable change to the legis- My amendment also requires the great amendment, and I support it. lation, and I urge my colleagues to sup- GAO to offer suggestions to Congress b 1530 port this amendment. as to how we can better assist veteran- Ms. VELA´ ZQUEZ. We are prepared to I now yield to the gentleman from owned business. Missouri for any comments that he The government needs to do a better accept the amendment. might have. job of spending our taxpayer money I yield back the balance of my time. Mr. GRAVES. Mr. Chairman, I sup- wisely. So one of the best things that Mr. PAULSEN. We had one addi- port the amendment. we can do for any business right now is tional speaker, but I’m not sure if he’s Ms. VELA´ ZQUEZ. Mr. Chairman, I to increase the availability of capital going to make it. So I just want to en- yield back the balance of my time. for growth. courage support as well. I thank the Ms. MARKEY of Colorado. I yield Small businesses have created two of gentlewoman for her support of the back the balance of my time. every three net new jobs in the United amendment and all the members of the The CHAIR. The question is on the States since the 1970s, and certainly all Small Business Committee to truly amendment offered by the gentle- the members of the Small Business help veteran-owned businesses grow and create jobs as well. woman from Colorado (Ms. MARKEY). Committee know this. Small busi- The amendment was agreed to. nesses are also responsible for roughly Mr. ROE of Tennessee. Mr. Chair, I rise in support of the amendment offered by my AMENDMENT NO. 3 OFFERED BY MR. PAULSEN half of the privately generated GDP in friend from Minnesota. As a veteran I support The CHAIR. It is now in order to con- the United States. I support the underlying legislation, the underlying goal of this legislation to create sider amendment No. 3 printed in opportunities for veteran-operated small busi- House Report 111–121. and I believe it will go a long way in assisting and growing small businesses nesses. Mr. PAULSEN. I have an amendment It is important in this global economy to train at the desk. at a time when our Nation’s economy needs a boost. Specifically, I’m inter- and provide guidance in business administra- The CHAIR. The Clerk will designate tion for our veterans. Veteran Business Cen- the amendment. ested in the new grant program for Small Business Development Centers ters and grant assistance should expand the The text of the amendment is as fol- economic playing field for these businesses. lows: to develop programs which help local small firms in securing capital and re- However, if the Congress authorizes these Amendment No. 3 offered by Mr. PAULSEN: pairing damaged credit. programs it is our duty to the taxpayer to over- At the end of title I, insert the following see their progress. This amendment calls for new section: I want to thank Mr. SHULER and the rest of the Small Business Committee the Government Accountability Office to study SEC. 103. COMPTROLLER GENERAL STUDY OF SMALL BUSINESS CONCERNS for their work as well. I’m extremely and report on the effectiveness of these pro- OWNED AND CONTROLLED BY VET- pleased that this bill provides the as- grams. We need to ask the question: ‘‘Is ERANS. sistance for veteran-owned business, money spent on veteran owned small busi- The Comptroller General shall carry out a and I urge my colleagues to vote ‘‘yes’’ nesses helping these businesses?’’ ‘‘How can study on the effects of this Act and the for this amendment and ‘‘yes’’ on the these programs be improved?’’ amendments made by this Act on small busi- I look forward to having those answers and ness concerns owned and controlled by vet- underlying legislation. I reserve the balance of my time. thank the Gentleman from Minnesota for offer- erans and submit to Congress a report on the ´ results of such study. Such report shall in- Ms. VELAZQUEZ. Mr. Chairman, ing this amendment. I encourage my col- clude the recommendations of the Comp- while not opposed to the amendment, I leagues to support its adoption and yield back. troller General with respect to how this Act ask unanimous consent to claim the Mr. PAULSEN. I yield back the bal- and the amendments made by this Act may time in opposition. ance of my time.

VerDate Nov 24 2008 04:13 May 21, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.078 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5855 The CHAIR. The question is on the Labor. The 11.2 percent jobless rate for Mr. BOCCIERI. Mr. Chairman, I rec- amendment offered by the gentleman veterans who served in Iraq and Af- ognize the gentleman from Ohio (Mr. from Minnesota (Mr. PAULSEN). ghanistan rose 4 percentage points in DRIEHAUS) for as much time as he may The amendment was agreed to. the past year. That’s significantly consume. AMENDMENT NO. 4 OFFERED BY MR. BOCCIERI higher than the corresponding 8.8 per- Mr. DRIEHAUS. I thank the gen- The CHAIR. It is now in order to con- cent for nonveterans in the same age tleman for his amendment and the un- sider amendment No. 4 printed in group. On the battlefield, we pledge to derlying bill. I rise to support the House Report 111–121. leave no soldier behind. As a Nation, it amendment and the underlying bill. Mr. BOCCIERI. Mr. Chair, I have an should be our pledge that when they re- We heard just a little while ago the amendment at the desk. turn home, we leave no veteran behind, gentlewoman from Colorado talk about The CHAIR. The Clerk will designate and that includes making sure that the pitfalls in creating small busi- the amendment. every veteran has a job when they re- nesses and the challenges that entre- The text of the amendment is as fol- turn. preneurs face. This is about identifying lows: I reserve the balance of my time, Mr. those challenges and helping veterans, Chairman. as they return, think through the Amendment No. 4 offered by Mr. BOCCIERI: ´ Page 7, insert after line 22 the following: Ms. VELAZQUEZ. Mr. Chairman, issues of creating a viable business ‘‘(v) Developing specialized programs to as- while not opposed to the amendment, I plan, assistance with product develop- sist unemployed veterans to become entre- ask unanimous consent to claim the ment, providing assistance in mar- preneurs.’’. time in opposition. keting, learning how to access capital Page 10, line 21, insert after ‘‘Director.’’ The CHAIR. Without objection, the necessary to make their businesses the following: ‘‘Such event shall include edu- gentlewoman from New York is recog- successful. In sum, this is about cation and training with respect to improv- nized for 5 minutes. leveraging the skills that so many of ing outreach to veterans in areas of high un- There was no objection. our men and women have learned, so employment.’’. Ms. VELA´ ZQUEZ. I thank the gen- many of our men and women have uti- The CHAIR. Pursuant to House Reso- tleman from Ohio for his amendment. lized overseas so that when they return lution 457, the gentleman from Ohio The legislation on the floor today home, they can put those skills to (Mr. BOCCIERI) and a Member opposed places a high priority on helping vet- work in terms of small business devel- each will control 5 minutes. erans who wish to transition from the opment, in terms of coming together The Chair recognizes the gentleman military to entrepreneurship. As I have and driving this economy and creating from Ohio. noted, this bill for the first time cre- new jobs. This is the direction we Mr. BOCCIERI. Thank you, Mr. ates a nationwide network of Veterans should be heading. Chair. I yield myself as much time as I Business Centers. As our servicemen I support the amendment. may consume. and -women return home from Afghani- Mr. BOCCIERI. Mr. Chairman, I re- Mr. Chair, I rise today in support of stan and Iraq, many of them will look serve the balance of my time. my amendment to H.R. 2352, the Job to launch their own businesses as the Ms. VELA´ ZQUEZ. If the gentleman is Creation Through Entrepreneurship next step in their careers. This net- prepared to yield back, we are prepared Act. I want to thank Chairwoman work of Veterans Business Centers will to accept the amendment. VELA´ ZQUEZ and Congressman SHULER aid them as they make that move. For Mr. BOCCIERI. I yield back the bal- for their vision in this landmark piece ance of my time. many veterans, entrepreneurship is a ´ of legislation that will help restore our logical next step. Already today, vet- Ms. VELAZQUEZ. I urge adoption of economy to what it has always been. erans comprise 14 percent of self-em- the amendment, and I yield back the My amendment does two things, Mr. ployed people. Service-disabled vet- balance of my time. Chair. It allows veterans centers to re- erans make up 7 percent of small busi- The CHAIR. The question is on the ceive grants to develop specialized pro- nesses. The underlying legislation amendment offered by the gentleman grams that assist unemployed vet- would help these veterans who own from Ohio (Mr. BOCCIERI). The amendment was agreed to. erans, reservists and surviving spouses their own firms as well as assist vet- by becoming entrepreneurs. And it re- erans seeking to start their own enter- AMENDMENT NO. 5 OFFERED BY MR. HIMES quires a Veterans Development Sum- prises. The amendment before us helps The CHAIR. It is now in order to con- mit to provide training for veterans to refine and improve the veterans pro- sider amendment No. 5 printed in centers to improve their outreach to visions contained in this bill. House Report 111–121. veterans in areas of high unemploy- Specifically, the amendment requires Mr. HIMES. Mr. Chair, I have an ment. that the new veterans centers offer spe- amendment at the desk. The CHAIR. The Clerk will designate I strongly support the underlying bill cialized services to help unemployed the amendment. and its creation of the Veterans Busi- veterans. In addition, the amendment ness Center program. By expanding as- The text of the amendment is as fol- will help the SBA improve outreach lows: sistance and training to veteran entre- and education to veterans in high un- preneurs, we can increase the number Amendment No. 5 offered by Mr. HIMES: employment areas, and it would mean Page 12, line 15, strike ‘‘section 46’’ and in- of successful small businesses and, that the SBA will dedicate resources to sert ‘‘section 47’’. thereby, create jobs, taking these high- assist those veterans who need help the Page 50, after line 16, add the following ly skilled, highly trained individuals most. In short, this amendment will do new title: and helping them. Providing them with right by those who have served our Na- TITLE VIII—MICROENTERPRISE TRAINING the opportunity to create jobs and cretion. CENTER PROGRAM ate businesses is the right way to go. I now yield to the ranking member, SEC. 801. MICROENTERPRISE TRAINING CENTER The purpose of my amendment is to the gentleman from Missouri, for any PROGRAM. ensure that we are targeting outreach comments that he may have. The Small Business Act (15 U.S.C. 631 et to unemployed veterans, reservists and Mr. GRAVES. Thank you, Madam seq.) is amended by inserting after section surviving spouses. 45, as added by section 301(b) of this Act, the Chair, for yielding me time. following: Let’s go over a few facts, Mr. Chair. Mr. Chairman, the area where you ‘‘SEC. 46. MICROENTERPRISE TRAINING CENTER While the economy continues to be are seeing a lot of veterans right now PROGRAM. tough for all Americans, it seems that come back and, obviously, set up a lot ‘‘(a) ESTABLISHMENT.—The Administrator young veterans are among the hardest of small businesses is a rapidly growing shall establish and carry out a microenter- hit. One out of nine Iraq and Afghani- area. This provision in the bill is well prise training center program for the pur- stan veterans are now out of work, and overdue, in my opinion. It just goes pose of providing low-income and unem- the total number of unemployed vet- along with the whole nature of the bill, ployed individuals with training and counseling with respect to starting a microenter- erans of the two wars roughly averages to modernize so many of the SBA pro- prise. about 170,000. It is about the same num- grams. I support the amendment. ‘‘(b) NUMBER AND LOCATION OF CENTERS.— ber as U.S. troops deployed to those Ms. VELA´ ZQUEZ. Mr. Chairman, I In carrying out the program under sub- wars, according to the Department of reserve the balance of my time. section (a), the Administrator shall establish

VerDate Nov 24 2008 04:13 May 21, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.083 H20MYPT1 jbell on PROD1PC69 with HOUSE H5856 CONGRESSIONAL RECORD — HOUSE May 20, 2009 10 microenterprise training centers, which, gentleman is the need to create a pro- Mr. HIMES. I thank the gentlelady to the extent practicable, shall be located in gram that duplicates services already from New York for her statement and a manner that promotes the geographic di- available through the SBA. Microloan for her terrific leadership on this bill. versity of such centers. The Administrator intermediaries are required by section I would just note to my colleague shall give priority in locating such centers from Missouri that he is absolutely to areas with high proportions of low-income 7(m) of the Small Business Act to pro- and unemployed individuals. vide counseling and training to individ- right to be concerned about safe- ‘‘(c) FUNCTION.—In carrying out the pro- uals wanting to start microenterprises. guarding taxpayer dollars and avoiding gram under subsection (a), the Adminis- In addition, such services also are duplicative efforts. However, I would trator shall ensure that microenterprise available from Small Business Develop- point out that this amendment creates training centers provide training and re- ment Centers, Women’s Business Cen- a program targeted and tailored to low- sources to individuals seeking to start a new ters, Tribal Business Centers and Vet- income and unemployed individuals microenterprise, including through the pro- and, therefore, doesn’t duplicate the vision of classes, one-on-one instruction, and erans Business Centers. Nothing exists other services the Administrator determines in the record before the committee SBA’s currently existing programs, appropriate. that suggests individuals who are in- which are largely tied to the lending ‘‘(d) COORDINATION.—The Administrator terested in starting microenterprises that is often not extended to lower in- shall coordinate the program established do not have access to necessary train- come and unemployed individuals. In under subsection (a) with other programs of ing and technical assistance. So cre- fact, there are very few Federal re- the Administration that may provide sup- ating another program that duplicates sources available for lower income in- port to microenterprises. existing efforts through the SBA is not dividuals seeking to start a business. ‘‘(e) DEFINITION OF MICROENTERPRISE.—In this section, the term ‘microenterprise’ a sound use of scarce taxpayer dollars. The Microloan Program that the gen- means a business with not more than 6 em- I yield back the balance of my time. tleman refers to is built around loans ployees and begun with an initial investment Mr. HIMES. I yield to the gentlelady and actually in previous budgets has of not more than $40,000.’’. from New York. been zeroed out. So I believe and feel ´ The CHAIR. Pursuant to House Reso- Ms. VELAZQUEZ. Mr. Chairman, let this personally, having spent a year lution 457, the gentleman from Con- me thank the gentleman from Con- helping microbusinesses in the Bronx necticut (Mr. HIMES) and a Member op- necticut for this great amendment. and seeing personally how very eco- posed each will control 5 minutes. We often hear discussion of the con- nomically powerful small businesses The Chair recognizes the gentleman cept of ‘‘welfare to work.’’ Well, the can be in distressed communities, that from Connecticut. amendment before us will move many we can find our way to support this Mr. HIMES. Mr. Chair, I yield myself Americans from ‘‘welfare to entrepre- amendment and make it part of a very as much time as I may consume. neurship.’’ Studies consistently dem- good and useful bill. Entrepreneurship in low-income onstrate that entrepreneurship pro- I yield back the balance of my time. areas is hindered not just by a lack of vides a path out of poverty for many The CHAIR. The question is on the capital but by a lack of skills and Americans. In particular, we have seen amendment offered by the gentleman training. Business skills training in that for many impoverished women, from Connecticut (Mr. HIMES). low-income communities works. A re- launching their own small business can The amendment was agreed to. cent Center For Employment Training mean a chance at a bright future. This AMENDMENT NO. 6 OFFERED BY MR. KRATOVIL study of 5,000 workers showed an aver- amendment will provide entrepre- The CHAIR. It is now in order to con- age income boost of $7,500 to $26,000 for neurial development resources to those sider amendment No. 6 printed in individuals receiving 28 weeks of busi- communities that have been hardest House Report 111–121. ness training. My amendment directs hit by this recession by creating Micro- Mr. KRATOVIL. Mr. Chairman, I the SBA to invest in 10 Microenterprise enterprise Training Centers. These cen- have an amendment at the desk. Training Centers to provide training ters will let Americans interested in The CHAIR. The Clerk will designate and resources to individuals seeking to starting a very small business, such as the amendment. start new small businesses, including a home-based business, access valuable The text of the amendment is as fol- expert-led classes, group workshops classes, one-on-one instruction and lows: and one-on-one instruction. It author- other guidance. These resources will Amendment No. 6 offered by Mr. KRATOVIL: help launch the smallest small busi- Page 12, line 15, strike ‘‘section 46’’ and in- izes no specific amount of new funds. sert ‘‘section 47’’. We will look to make a small addition nesses, those with six or less employees Page 50, after line 16, add the following to the SBA operating budget later in and that start with $40,000 or less in new title: the appropriations process. capital. Under the amendment, the TITLE VIII—RURAL ENTREPRENEURSHIP This amendment is about spurring SBA will establish these training cen- ADVISORY COUNCIL job creation in low-income commu- ters. The administrator is instructed to SEC. 801. RURAL ENTREPRENEURSHIP ADVISORY nities, those communities that need place them in parts of the country that COUNCIL. jobs, that need small businesses most. have a high proportion of low-income The Small Business Act (15 U.S.C. 631 et These are the communities that are and unemployed individuals. seq.) is amended by inserting after section hardest hit by economic downturns, Mr. Chairman, when economic down- 45, as added by section 301(b) of this Act, the following: the last to recover and, in many in- turns like the current one hit, those communities that are already hurting ‘‘SEC. 46. RURAL ENTREPRENEURSHIP ADVISORY stances, the communities that, absent COUNCIL. jobs, draw on the public purse for the often carry the brunt of the pain. ‘‘(a) ESTABLISHMENT.—The Administrator kind of public support that they need. Those areas already struggling with shall establish a rural entrepreneurship advi- So in the spirit of this bill, and with high unemployment suffer the most sory council (hereinafter referred to in this the support of the Small Business Com- when jobs become even more scarce. section as the ‘council’). mittee, I urge my colleagues’ positive The amendment before us will provide ‘‘(b) COMPOSITION.—The Administrator shall ensure that the council is composed of consideration of this amendment. additional options for Americans living in these communities. It will mean appropriate officials from the Administra- I reserve the balance of my time. tion, the rural development programs of the Mr. GRAVES. Mr. Chair, I rise to that those living in poverty will have a Department of Agriculture, and the Depart- claim time in opposition to the gentle- better chance to secure their economic ment of Commerce and of representatives, man’s amendment. independence and build a better life for who volunteer for the council, from the aca- The CHAIR. The gentleman from themselves. The Microloans Program is demic, small business, agriculture, and high- Missouri is recognized for 5 minutes. a program that lends to businesses and tech communities. Mr. GRAVES. Mr. Chairman, I cer- those who want to start up a business. ‘‘(c) FUNCTIONS.— tainly concur with the gentleman that These are microenterprises that will ‘‘(1) INITIAL REPORT.—Not later than 90 it is important to make sure that indi- days after the date of the enactment of this provide technical assistance and guid- section, the council shall submit to the Ad- viduals wishing to start a very small ance for those who want to start up a ministrator and to Congress a report on the business have access to appropriate business. It’s different. following: training and technical assistance. How- I commend the gentleman for offer- ‘‘(A) Entrepreneurship in rural commu- ever, where I part company with the ing this amendment. nities compared to urban communities.

VerDate Nov 24 2008 04:13 May 21, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.065 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5857 ‘‘(B) Potential barriers to entrepreneurship compared to urban communities, po- Ms. VELA´ ZQUEZ. I yield back the for individuals in rural communities. tential barriers for individuals in rural balance of my time. ‘‘(C) Effective Federal policies that are ex- communities, effective Federal policies The CHAIR. The question is on the panding entrepreneurship in rural commu- that are expanding entrepreneurship in amendment offered by the gentleman nities. rural communities, and recommenda- from Maryland (Mr. KRATOVIL). ‘‘(D) Recommendations for Federal policies The question was taken; and the to foster entrepreneurship in rural commu- tions for Federal policies to foster en- nities and to ensure that rural entrepreneurs trepreneurship in rural communities Chair announced that the ayes ap- have equal access to technical assistance, and to ensure that rural entrepreneurs peared to have it. entrepreneurial opportunities, and edu- have equal access to technical assist- Mr. KRATOVIL. Mr. Chairman, I de- cational outreach. ance, entrepreneurial opportunities mand a recorded vote. ‘‘(2) ADVICE.—The council shall provide on- and educational outreach. The CHAIR. Pursuant to clause 6 of going advice to the Administrator with re- The council will also provide ongoing rule XVIII, further proceedings on the spect to rural entrepreneurship and make advice to the SBA administrator on amendment offered by the gentleman recommendations to foster rural entre- issues related to rural entrepreneur- from Maryland will be postponed. preneurs, including through the effective use AMENDMENT NO. 7 OFFERED BY MR. MURPHY OF of broadband technology.’’. ship and how to foster rural entrepreneurs, including the effective use of NEW YORK The CHAIR. Pursuant to House Reso- broadband technology. This is a simple, The CHAIR. It is now in order to con- lution 457, the gentleman from Mary- commonsense amendment that will en- sider amendment No. 7 printed in land (Mr. KRATOVIL) and a Member op- sure our Nation’s rural entrepreneurs House Report 111–121. posed each will control 5 minutes. Mr. MURPHY of New York. Mr. are not left behind. The Chair recognizes the gentleman I urge support of the amendment as Chairman, I have an amendment at the from Maryland. well as the underlying bill. desk. The CHAIR. The Clerk will designate b 1545 I reserve the balance of my time. Ms. VELA´ ZQUEZ. Mr. Chairman, the amendment. Mr. KRATOVIL. Mr. Chairman, I The text of the amendment is as fol- while not opposed to the amendment, I yield myself such time as I may con- lows: sume. ask unanimous consent to claim the time in opposition. Amendment No. 7 offered by Mr. MURPHY I would like to congratulate the of New York: Small Business Committee chair- The CHAIR. Without objection, the Page 4, line 11, strike ‘‘$150,000’’ and insert gentlewoman from New York is recog- woman, Ms. VELA´ ZQUEZ, and lead spon- the following: ‘‘$200,000’’. nized for 5 minutes. Page 4, line 18, strike ‘‘$100,000’’ and insert sor, Congressman HEATH SHULER, for There was no objection. the following: ‘‘$150,000’’. bringing H.R. 2352, the Job Creation Ms. VELA´ ZQUEZ. Mr. Chairman, the Page 6, line 24, strike ‘‘$10,000,000’’ and in- Through Entrepreneurship Act of 2009, amendment offered by the gentleman sert the following: ‘‘$12,000,000’’. to the floor today. This legislation will Page 6, line 25, strike ‘‘$12,000,000’’ and in- from Maryland will greatly expand the sert the following: ‘‘$14,000,000’’. arm small businesses and entre- reach of entrepreneurial development The CHAIR. Pursuant to House Reso- preneurs, who are the lifeblood of our programs. Too often small business lution 457, the gentleman from New economy, to grow and prosper. owners or prospective entrepreneurs Investing in America’s small busi- York (Mr. MURPHY) and a Member op- cannot access these programs because nessmen and -women will help our posed each will control 5 minutes. they live in a rural or remote area. For economy recover. Small businesses cre- The Chair recognizes the gentleman those small businesses in these parts of ate approximately four out of five new from New York. America, the nearest Small Business jobs. These small businesses are the Mr. MURPHY of New York. Mr. Development Center or Women’s Busi- backbone of the economy. They are the Chairman, I yield myself such time as ness Center is often many miles away. mom-and-pop stores on the Main I may consume. This can prevent small businesses from Streets in small towns across America. Like so many other Members here accessing the services that we are im- today, I rise to speak in favor of this But they are also individuals who are proving and reauthorizing in the under- bill and in particular an amendment willing to take a risk and begin their lying bill. that I think will make it stronger. For own small high-tech companies. The amendment offered by the gen- many years, I have been a small busi- I, like many Members of the House of tleman from Maryland will further en- ness owner, a founder of small busi- Representatives, represent a largely sure that the SBA pays attention to nesses, and for the last 8 years, I have rural district. A drive up and down the needs of rural America. Specifi- been investing in small businesses all Route 50 in my district reveals a land- cally, it creates a rural entrepreneur- over New York. I have seen the chal- scape dotted with car dealerships that ship advisory council at the Small lenges that small business people face, have closed their doors, restaurants Business Administration. Drawing and I’m well aware of the needs that that have gone out of business, empty from the expertise of the Department they have as they start these busi- hotel parking lots and store fronts of Agriculture and the Department of nesses. And in particular in this trou- with more vacancy than occupants. Al- Commerce, this panel will see to it bled economic time, what those of us though these images are not unique to that ED services provided by the SBA that work in the small business world rural areas, they deliver a much deeper are effective for rural small businesses. know is that many more entrepreneurs blow to rural areas that rely on these In many rural areas, many small will turn to their own efforts to start small businesses for a greater percent- businesses are particularly important. small businesses. We will see a lot age of local revenue and regional com- Often they are the community’s largest more small businesses founded by en- merce than metropolitan and suburban employer. This amendment will ensure trepreneurs in these troubled economic areas. that the SBA’s entrepreneurial devel- times as people can’t find jobs and they For this reason, I have offered an opment programs are meeting the are getting laid off from bigger compa- amendment that would establish a needs of rural America. nies. rural entrepreneurship advisory coun- I urge the adoption of the amend- In particular, you have got that com- cil within the Small Business Adminis- ment. bined with the veterans that are com- tration. The council will be comprised And I now yield to the gentleman ing back from our efforts overseas. And of appropriate officials from the SBA, from Missouri for any remarks that he as we draw down in Iraq, a large num- the rural development programs of the might have. ber of veterans will be coming back and Department of Agriculture and the De- Mr. GRAVES. Mr. Chairman, I sup- mustering out looking for job opportu- partment of Commerce, as well as rep- port the amendment, and I have no op- nities. What they are going to need is resentatives from the academic, small position. I thank the gentlelady. help because they are going to go and business, agriculture and high-tech sec- Ms. VELA´ ZQUEZ. If the gentleman is try to start small businesses. And it is tors. The council is tasked with pro- prepared to yield back, we are prepared a difficult task. viding a report to Congress on rural en- to accept the amendment. My amendment would increase the trepreneurship, specifically a report on Mr. KRATOVIL. I yield back the bal- funding for the Veterans Business Cen- entrepreneurship in rural communities ance of my time. ters that are already contemplated in

VerDate Nov 24 2008 04:13 May 21, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.066 H20MYPT1 jbell on PROD1PC69 with HOUSE H5858 CONGRESSIONAL RECORD — HOUSE May 20, 2009 this bill. Instead of $150,000 for each of The amendment was agreed to. called Veteran Business Centers. Es- the first 5 years, they would be allo- AMENDMENT NO. 8 OFFERED BY MR. NYE tablishing this joint public-private net- cated up to $200,000. And instead of The CHAIR. It is now in order to con- work will provide veterans with the $100,000 thereafter for 3 additional sider amendment No. 8 printed in dedicated counseling and business years, they could go up to $150,000. I House Report 111–121. training they need to launch new en- think it is critical that we make sure Mr. NYE. Mr. Chairman, I have an terprises or grow existing businesses. that we have enough of these Veterans amendment at the desk. By creating a new program to assist Business Centers, like the one that we The CHAIR. The Clerk will designate veterans in accessing capital and secur- already have in the Albany area near the amendment. ing loans and credit, we will help them my district, to help as many veterans The text of the amendment is as fol- overcome some of the most significant as we can when they come back. lows: hurdles blocking them from becoming There is a great need out there. I saw Amendment No. 8 offered by Mr. NYE: successfully self-employed. this myself. I started my first business Page 12, line 15, strike ‘‘section 46’’ and in- By creating a new program to help when I was 24 years old. People ask me, sert ‘‘section 47’’. our veterans to navigate the procure- What would you do differently if you Page 50, after line 16, add the following ment process, they will be able to com- did it again? And every time I say, The new title: pete more effectively in the Federal thing I would do differently is I would TITLE VIII—MILITARY ENTREPRENEURS marketplace. turn to get more advice from experi- PROGRAM The Recovery Act is expected to cre- enced people early on. That is exactly SEC. 801. MILITARY ENTREPRENEURS PROGRAM. ate work in many sectors that are vet- what these centers will provide for our The Small Business Act (15 U.S.C. 631 et eran dominated, like engineering, tele- veterans. And I ask that people support seq.) is amended by inserting after section communications, project management 45, as added by section 301(b) of this Act, the this amendment to make sure we have and construction. This bill will help following: veteran entrepreneurs take advantage the funding for them. ‘‘SEC. 46. MILITARY ENTREPRENEURS PROGRAM. And I reserve the remainder of my of these opportunities. ‘‘(a) ESTABLISHMENT.—The Administrator In coordination with these new Vet- time. shall establish and carry out a program to Ms. VELA´ ZQUEZ. Mr. Chairman, eran Business Centers, this amend- provide business counseling and entrepre- ment, the Military Entrepreneurs Pro- while not opposed to the amendment, I neurial development assistance to members ask unanimous consent to claim the of the Armed Forces to facilitate the devel- gram, will direct the SBA to provide servicemembers transitioning to civil- time in opposition. opment of small business concerns. The CHAIR. Without objection, the ‘‘(b) LIAISON.—In carrying out the program ian life entrepreneurial information, gentlewoman from New York is recog- described in subsection (a), the Adminis- training and financial guidance, the trator shall establish a liaison to facilitate things they need to start up a business. nized for 5 minutes. outreach to members of the Armed Forces This amendment specifically targets There was no objection. with respect to business counseling and en- young entrepreneurs and proactively Ms. VELA´ ZQUEZ. Mr. Chairman, I trepreneurial development assistance. reaches out to them, letting them thank the gentleman from New York UTHORIZATION OF PPROPRIATIONS ‘‘(c) A A .— know the immense resources that are for offering this amendment, as I be- There is authorized to be appropriated to the available to them. This ensures our relieve it will help to improve the bill. As Administrator to carry out this section turning warfighters have the know-how we all know, and we have seen and we $1,000,000 for fiscal years 2010 and 2011.’’. to land firmly on their feet after they heard that veteran entrepreneurship is The CHAIR. Pursuant to House Reso- lution 457, the gentleman from Virginia have honorably served our country. on the rise, meaning that these serv- Our veterans made every sacrifice (Mr. NYE) and a Member opposed each ices are in greater and greater demand. necessary to defend liberty, justice and will control 5 minutes. The existing Veterans Business Out- American values; and they deserve The Chair recognizes the gentleman reach Centers have seen a 61 percent every chance at a fair shot at the from Virginia. increase in veterans’ requests for their American Dream. For that reason, the Mr. NYE. Mr. Chairman, I rise today services. Women’s Business Centers re- Veteran Business Centers provision has in support of the Job Creation Through port a 103 percent increase in veterans’ the support of both the American Le- Entrepreneurship Act. In fact, I au- requests. Clearly there is a hunger out gion and the Veterans of Foreign Wars. thored title I, the Veterans Business there for these type of initiatives. And I strongly urge passage of this Centers provision, and I am in strong as more of our men and women return amendment and the bill. from Iraq and Afghanistan, the need support of the title as it is. Today, And I reserve the balance of my time. for veterans’ entrepreneurial develop- however, I would like to make a minor Ms. VELA´ ZQUEZ. Mr. Chairman, ment programs can be expected to addition to that bill, the Military En- while not opposed to the amendment, I grow. trepreneurs Program. ask unanimous consent to claim the By increasing the resources that are Mr. Chairman, it takes a special kind time in opposition. available for our former servicemen of person to be an entrepreneur. Small The CHAIR. Without objection, the and -women, this amendment will help business ownership takes leadership. gentlewoman from New York is recog- many of them launch their own busi- And in times like these, it takes resil- nized for 5 minutes. nesses. ience. So it is not surprising that, as There was no objection. I will now yield to the gentleman they reenter civilian life, many of our Ms. VELA´ ZQUEZ. Mr. Chairman, let from Missouri (Mr. GRAVES) for any returning servicemembers decide to me start by saying that the gentleman comments that he wishes to make. launch their own enterprises. After all, from Virginia has been enormously Mr. GRAVES. Mr. Chairman, I have these are the same attributes that they helpful in crafting this legislation. He no opposition to the amendment and have exhibited while serving our Na- authored the bill on which title I is support it; and I thank the gentlelady tion. based. That measure establishes a port- for yielding time. Our veterans leave the military with folio of entrepreneurial development Ms. VELA´ ZQUEZ. Mr. Chairman, if valuable skills and experience. But services for our Nation’s veterans. the gentleman is prepared to yield they often don’t have the resources to The amendment that he is now offer- back, we are prepared to accept this apply those skills to the challenge of ing will go even further. As we have al- amendment. starting and running a small business. ready noted, members of our Armed Mr. MURPHY of New York. I yield This bill will make sure our veterans Forces are natural candidates for en- back. have the support they need to launch trepreneurship. They exhibit the dedi- Ms. VELA´ ZQUEZ. Mr. Chairman, I successful small businesses. And by cation, resolve and leadership skills urge the adoption of this amendment, supporting our veterans and our small that it takes to launch a new enter- and I yield back the balance of my businesses, we will help create jobs and prise. In many cases, they make excel- time. get our economy going again. lent Federal contractors as they are fa- The CHAIR. The question is on the The cornerstone of this effort will be miliar with the procurement process or amendment offered by the gentleman a new nationwide network of services are in fields in high demand by the gov- from New York (Mr. MURPHY). dedicated to veteran entrepreneurs ernment.

VerDate Nov 24 2008 04:13 May 21, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.092 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5859 This amendment takes a very ‘‘(2) DEFINITION OF SMALL MANUFACTURER.— funding for Small Business Develop- proactive approach by reaching out to In this subsection, the term ‘small manufac- ment Centers to provide help with that members of the military before they turer’ means a small business concern en- transition. are discharged easing their transition gaged in an industry specified in sectors 31, And this isn’t just a hypothetical sit- 32, or 33 of the North American Industry uation. This is a very real one in my back into civilian life. Classification System in section 121.201 of Today, too many Americans who title 13, Code of Federal Regulations. State where struggling manufacturers have worn the uniform of our Nation ‘‘(3) AWARD SIZE LIMIT.—The Administra- are looking to new opportunities to find themselves unemployed after sepa- tion may not award an entity more than survive and grow. rating from the service. With this $250,000 in grant funds under this subsection. The SBDCs have had real success in amendment, we create another option, ‘‘(4) AUTHORITY.—Subject to amounts ap- this area, but more resources are need- another career path for members of our proved in advance in appropriations Acts and ed during these tough times for Amer- military. separate from amounts approved to carry ican manufacturing. That is why I offer out the program established in subsection this amendment to create the Small I thank the gentleman from Virginia (a)(1), the Administration may make grants for offering this amendment and for all Manufacturers Transition Assistance or enter into cooperative agreements to Program. Mr. Chair, these are services of his work on this bill. carry out this subsection. And I now yield to the ranking mem- ‘‘(5) AUTHORIZATION.—There is authorized that 11,000 to 12,000 businesses a year ber from Missouri for any comments to be appropriated not more than $2,500,000 use in my State, and they’re des- that he might have. for the purposes of carrying out this sub- perately needed at this time. I hope my Mr. GRAVES. Mr. Chairman, I have section for each of the fiscal years 2010 and colleagues will support this amend- no opposition to the amendment. I sup- 2011.’’. ment. The CHAIR. Pursuant to House Reso- I reserve the balance of my time. port it. I thank the gentlelady for ´ lution 457, the gentleman from Michi- Ms. VELAZQUEZ. Mr. Chairman, I yielding. am not opposed to the amendment. I Ms. VELA´ ZQUEZ. If the gentleman is gan (Mr. SCHAUER) and a Member opposed each will control 5 minutes. ask unanimous consent to claim the prepared to yield back, we are prepared time in opposition. to accept the amendment. The Chair recognizes the gentleman from Michigan. The CHAIR. Without objection, the Mr. NYE. I yield back. gentlewoman from New York is recog- Ms. VELA´ ZQUEZ. I urge the adop- Mr. SCHAUER. Thank you, Mr. Chair. I yield myself such time as I nized for 5 minutes. tion of the amendment, and I yield There was no objection. may consume. back the balance of my time. Ms. VELA´ ZQUEZ. The amendment Mr. Chair, I rise to a offer an amend- The CHAIR. The question is on the offered by the gentleman from Michi- ment to address a pressing need in my amendment offered by the gentleman gan is a well-thought-out proposal. In community and in many communities from Virginia (Mr. NYE). fact, earlier this month, the House The amendment was agreed to. around the country. We need to help Small Business Committee conducted a small businesses succeed in this dif- hearing regarding how small parts sup- b 1600 ficult economy. It’s not enough to sim- pliers and manufacturers are coping ply survive this downturn; we need to AMENDMENT NO. 9 OFFERED BY MR. SCHAUER given the current problems in the auto- The CHAIR. It is now in order to con- expand and grow jobs, and small busi- mobile industry. What we heard is sider amendment No. 9 printed in nesses are the best way to do that. I’m troubling. Experts predict that half of House Report 111–121. so pleased that this bill has been the Nation’s auto suppliers will be shut Mr. SCHAUER. Mr. Chair, I have an brought forward. I thank the chair for down by 2012. Many have already closed amendment at the desk. her leadership and the sponsor of this their doors. The CHAIR. The Clerk will designate bill to address these pressing needs. These factories are vital not just to the amendment. In Michigan, we’ve been fighting this the automotive sector but to our over- The text of the amendment is as fol- economic fight for 9 years. One of the all economy. Parts suppliers alone em- lows: bright spots in our fight has been the ploy 3.2 million workers. We know that Small Business Development Center Amendment No. 9 offered by Mr. SCHAUER: the three big car manufacturers are Page 50, after line 16, add the following program. In my State, our SBDC has a suffering, but these are the smaller of new section: great record of achievement. In 2007, the smaller, and they need our help. So more than 11,000 businesses were served it is very important what this amend- SEC. 708. SMALL MANUFACTURERS TRANSITION by this program, and these companies ASSISTANCE PROGRAM. ment will do. Section 21 of the Small Business Act (15 created more than 3,000 jobs. In 2008, In the past, these manufacturers U.S.C. 648), as amended, is further amended more than 12,000 businesses were as- have supplied the American auto- by adding at the end the following new sub- sisted through SBDCs. These busi- mobile industry, and I believe they can section: nesses included 515 veteran-owned busi- continue to have a bright future. By ‘‘(s) SMALL MANUFACTURERS TRANSITION nesses, 2,200 female-owned businesses, modernizing their facilities and enter- ASSISTANCE PROGRAM.— and 2,500 startups. Counseling provided ing new markets, they can keep offer- ‘‘(1) IN GENERAL.—The Administration by SBDCs helped create more than shall establish a grant program for small ing good-paying jobs to millions of business development centers in accordance 3,400 new jobs in Michigan, despite the Americans while maintaining a strong with this subsection. To be eligible for the economic turmoil that my State has manufacturing base in this country. program, a small business development cen- been facing. If we have learned any one thing ter must be in good standing and comply Clearly, this program works, and my from the current economic crisis, it is with the other requirements of this section. amendment grows this program to help that economic stability starts from the Funds made available through the program small manufacturers that have been bottom up, not the other way around. shall be used to— pummeled by this recession. Specifi- ‘‘(A) provide technical assistance and ex- By stabilizing small manufacturers and cally, Mr. Chair, my amendment cre- part suppliers, we can help the larger pertise to small manufacturers with respect ates a $2.5 million pool of funds to es- to changing operations to another industry firms in the automotive industry. In sector or reorganizing operations to increase tablish a grant program. It’s a new sec- that process, we will protect millions efficiency and profitability; tion in the Small Business Act to cre- of jobs. The amendment before us will ‘‘(B) assist marketing of the capabilities of ate the Small Manufacturers Transi- further this goal. small manufacturers outside the principal tion Assistance Program to provide I urge its adoption, and I yield to the area of operations of such manufacturers; technical assistance and expertise to gentleman from Missouri (Mr. GRAVES) ‘‘(C) facilitate peer-to-peer and mentor- small manufacturers that are seeking for any comments he wishes to make. protege relationships between small manu- opportunities in different industrial Mr. GRAVES. Mr. Chairman, I have facturers and corporations and Federal agen- sectors. cies; and no opposition to the amendment. I as- ‘‘(D) conduct outreach activities to local For example, if a small machine shop sociate myself with the remarks of the small manufacturers with respect to the wants to shift from automotive con- gentlelady from New York. availability of the services described in sub- tracting to aviation or aerospace con- Ms. VELA´ ZQUEZ. If the gentleman is paragraphs (A), (B), and (C). tracting, my amendment provides prepared to yield back.

VerDate Nov 24 2008 04:13 May 21, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.094 H20MYPT1 jbell on PROD1PC69 with HOUSE H5860 CONGRESSIONAL RECORD — HOUSE May 20, 2009 Mr. SCHAUER. I thank my col- House on the State of the Union for the Herseth Sandlin McCotter Royce Higgins McDermott Ruppersberger leagues for their support. further consideration of the bill (H.R. Hill McGovern Rush I yield back the balance of my time. 2352) to amend the Small Business Act, Himes McHenry Ryan (OH) Ms. VELA´ ZQUEZ. I urge adoption of and for other purposes, with Mr. Hinchey McHugh Ryan (WI) the amendment, and I yield back the SALAZAR (Acting Chair) in the chair. Hinojosa McIntyre Sablan Hirono McKeon Salazar balance of my time. The Clerk read the title of the bill. Hodes McMahon Sanchez, Loretta The CHAIR. The question is on the The Acting CHAIR. When the Com- Hoekstra McMorris Sarbanes amendment offered by the gentleman mittee of the Whole rose earlier today, Holden Rodgers Scalise Holt McNerney Schakowsky from Michigan (Mr. SCHAUER). amendment No. 9 printed in House Re- Honda Meek (FL) Schauer The amendment was agreed to. port 111–121 offered by the gentleman Hoyer Meeks (NY) Schiff Ms. VELA´ ZQUEZ. Mr. Chairman, I from Michigan (Mr. SCHAUER) had been Hunter Melancon Schmidt move that the Committee do now rise. disposed of. Inglis Mica Schock Inslee Michaud Schrader The motion was agreed to. AMENDMENT NO. 6 OFFERED BY MR. KRATOVIL Israel Miller (FL) Schwartz Accordingly, the Committee rose; The Acting CHAIR. The unfinished Issa Miller (MI) Scott (GA) and the Speaker pro tempore (Mr. MUR- business is the demand for a recorded Jackson (IL) Miller (NC) Scott (VA) PHY of New York) having assumed the Jackson-Lee Miller, Gary Sensenbrenner vote on the amendment offered by the (TX) Miller, George Serrano chair, Mr. HOLDEN, Chair of the Com- gentleman from Maryland (Mr. Jenkins Minnick Sessions mittee of the Whole House on the state KRATOVIL) on which further pro- Johnson (GA) Mitchell Sestak of the Union, reported that that Com- Johnson (IL) Mollohan Shadegg ceedings were postponed and on which Johnson, E. B. Moore (KS) Shea-Porter mittee, having had under consideration the ayes prevailed by voice vote. Johnson, Sam Moore (WI) Sherman the bill (H.R. 2352) to amend the Small The Clerk will redesignate the Jones Moran (KS) Shimkus Business Act, and for other purposes, amendment. Jordan (OH) Moran (VA) Shuler had come to no resolution thereon. Kagen Murphy (CT) Shuster The Clerk redesignated the amend- Kanjorski Murphy (NY) Simpson f ment. Kaptur Murphy, Patrick Sires Kennedy Murphy, Tim Skelton RECESS RECORDED VOTE Kildee Murtha Slaughter The SPEAKER pro tempore. Pursu- The Acting CHAIR. A recorded vote Kilpatrick (MI) Myrick Smith (NE) has been demanded. Kilroy Nadler (NY) Smith (NJ) ant to clause 12(a) of rule I, the Chair Kind Napolitano Smith (TX) declares the House in recess subject to A recorded vote was ordered. King (IA) Neal (MA) Smith (WA) the call of the Chair. The vote was taken by electronic de- King (NY) Neugebauer Snyder Accordingly (at 4 o’clock and 6 min- vice, and there were—ayes 427, noes 0, Kingston Norton Souder not voting 12, as follows: Kirk Nunes Space utes p.m.), the House stood in recess Kirkpatrick (AZ) Nye Spratt subject to the call of the Chair. [Roll No. 279] Kissell Oberstar Stearns AYES—427 Klein (FL) Obey Stupak f Kline (MN) Olson Sullivan Abercrombie Cantor Driehaus b 1717 Kosmas Olver Sutton Ackerman Cao Duncan Kratovil Ortiz Tanner AFTER RECESS Aderholt Capito Edwards (MD) Kucinich Pallone Tauscher Adler (NJ) Capps Edwards (TX) Lamborn Pascrell Taylor The recess having expired, the House Akin Capuano Ehlers Lance Pastor (AZ) Teague was called to order by the Speaker pro Alexander Cardoza Ellison Langevin Paul Terry Altmire Carnahan Ellsworth tempore (Mr. TONKO) at 5 o’clock and 17 Larsen (WA) Paulsen Thompson (CA) Andrews Carney Emerson Larson (CT) Payne Thompson (MS) minutes p.m. Arcuri Carson (IN) Engel Latham Pence Thornberry f Austria Carter Eshoo LaTourette Perlmutter Tiahrt Baca Cassidy Etheridge Latta Perriello Tiberi RECOGNIZING AMERICA’S Bachus Castle Faleomavaega Lee (CA) Peters Tierney TEACHERS Baird Chaffetz Fallin Lee (NY) Peterson Titus Baldwin Chandler Farr Levin Petri Tonko The SPEAKER pro tempore. The un- Barrow Childers Fattah Lewis (CA) Pingree (ME) Towns finished business is the question on Bartlett Christensen Filner Lewis (GA) Pitts Tsongas Barton (TX) Clarke Flake Lipinski Platts Turner suspending the rules and agreeing to Bean Clay Fleming LoBiondo Poe (TX) Upton the resolution, H. Res. 374. Berkley Cleaver Forbes Loebsack Polis (CO) Van Hollen The Clerk read the title of the resolu- Berman Clyburn Fortenberry Lofgren, Zoe Pomeroy Vela´ zquez Berry Coble Foster tion. Lowey Posey Visclosky Biggert Coffman (CO) Foxx Lucas Price (GA) Walden The SPEAKER pro tempore. The Bilbray Cohen Frank (MA) Luetkemeyer Price (NC) Walz question is on the motion offered by Bilirakis Cole Franks (AZ) Luja´ n Putnam Wamp the gentleman from New York (Mr. Bishop (GA) Conaway Frelinghuysen Lummis Quigley Wasserman Bishop (NY) Connolly (VA) Fudge Lungren, Daniel Radanovich Schultz ONKO T ) that the House suspend the Blackburn Conyers Gallegly E. Rahall Waters rules and agree to the resolution, H. Blumenauer Cooper Garrett (NJ) Lynch Rangel Watson Res. 374. Blunt Costa Gerlach Mack Rehberg Watt Boccieri Costello Giffords The question was taken; and (two- Maffei Reichert Waxman Boehner Courtney Gingrey (GA) Maloney Reyes Weiner thirds being in the affirmative) the Bonner Crenshaw Gohmert Manzullo Richardson Welch rules were suspended and the resolu- Bono Mack Crowley Gonzalez Marchant Rodriguez Westmoreland tion was agreed to. Boozman Cuellar Goodlatte Markey (CO) Roe (TN) Wexler Bordallo Culberson Gordon (TN) Markey (MA) Rogers (AL) Whitfield A motion to reconsider was laid on Boren Cummings Granger Marshall Rogers (KY) Wilson (OH) the table. Boswell Dahlkemper Graves Massa Rogers (MI) Wilson (SC) Boucher Davis (AL) Grayson f Matheson Rohrabacher Wittman Boustany Davis (CA) Green, Al Matsui Rooney Wolf JOB CREATION THROUGH Boyd Davis (IL) Green, Gene McCarthy (CA) Ros-Lehtinen Woolsey ENTREPRENEURSHIP ACT OF 2009 Brady (PA) Davis (KY) Griffith McCarthy (NY) Roskam Wu Brady (TX) Davis (TN) Grijalva McCaul Ross Yarmuth The SPEAKER pro tempore. Pursu- Bright Deal (GA) Guthrie McClintock Rothman (NJ) Young (AK) Broun (GA) DeFazio Gutierrez McCollum Roybal-Allard Young (FL) ant to House Resolution 457 and rule Brown (SC) DeGette Hall (NY) XVIII, the Chair declares the House in Brown, Corrine Delahunt Hall (TX) NOT VOTING—12 the Committee of the Whole House on Brown-Waite, DeLauro Halvorson Bachmann Castor (FL) Speier the State of the Union for the further Ginny Dent Hare Barrett (SC) Linder Stark Buchanan Diaz-Balart, L. Harman consideration of the bill, H.R. 2352. Becerra Pierluisi Thompson (PA) Burgess Diaz-Balart, M. Harper Bishop (UT) Sa´ nchez, Linda Burton (IN) Dicks Hastings (FL) Braley (IA) T. b 1718 Butterfield Dingell Hastings (WA) IN THE COMMITTEE OF THE WHOLE Buyer Doggett Heinrich b 1744 Calvert Donnelly (IN) Heller Accordingly, the House resolved Camp Doyle Hensarling Mr. BURGESS changed his vote from itself into the Committee of the Whole Campbell Dreier Herger ‘‘no’’ to ‘‘aye.’’

VerDate Nov 24 2008 06:04 May 21, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.097 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5861 So the amendment was agreed to. The SPEAKER pro tempore. Is there women-owned firms. The manager’s The result of the vote was announced objection to the request of the gentle- amendment includes several provisions as above recorded. woman from West Virginia? that will assist firms to adopt proc- b 1745 There was no objection. esses and techniques that will reduce The SPEAKER pro tempore. The gen- their use of energy. The Acting CHAIR. The question is tlewoman from West Virginia is recog- And, finally, last Congress we passed on the committee amendment in the nized for 5 minutes. an energy bill which includes a wide nature of a substitute, as amended. Mrs. CAPITO. Madam Speaker, the range of provisions that encourage The committee amendment in the intent of this motion to recommit is small businesses to become more en- nature of a substitute, as amended, was clear. My amendment amends the leg- ergy efficient. So we are calibrating agreed to. islation to include important language the effect that any legislation regard- The Acting CHAIR. Under the rule, that would ensure that small business ing climate change will have on small the Committee rises. owners are made aware of adverse ef- businesses, and that is why we are ad- Accordingly, the Committee rose; fects that could be caused by future en- dressing some of those issues in the bill and the Speaker pro tempore (Mrs. ergy taxes. that we have here today. TAUSCHER) having assumed the chair, The simple amendment will direct I applaud the gentlelady’s intent to Mr. SALAZAR, Acting Chair of the Com- the Small Business Administration to provide more assistance to small busi- mittee of the Whole House on the State make sure small businesses are pro- nesses, and I accept her motion to re- of the Union, reported that that Com- vided with information and technical commit. mittee, having had under consideration assistance if and when they face an in- I yield back the balance of my time. the bill (H.R. 2352) to amend the Small crease in costs as a result of the enact- The SPEAKER pro tempore. Without Business Act, and for other purposes, ment of any program to impose a tax objection, the previous question is or- pursuant to House Resolution 457, he on carbon emissions, either directly or dered on the motion to recommit. reported the bill back to the House through the operation of a cap-and- There was no objection. with an amendment adopted by the trade system on such amendment emis- The SPEAKER pro tempore. The Committee of the Whole. sion limits. The SPEAKER pro tempore. Under question is on the motion to recommit. Small business owners understand The question was taken; and the the rule, the previous question is or- that cap-and-trade is essentially a na- dered. Speaker pro tempore announced that tional energy tax that will hit con- the ayes appeared to have it. Is a separate vote demanded on any sumers and business owners alike. amendment to the amendment re- Manufacturers and small business own- RECORDED VOTE ported from the Committee of the ers in States like mine depend on the Mrs. CAPITO. Madam Speaker, I de- Whole? If not, the question is on the low cost of energy. These businesses mand a recorded vote. amendment. compete in a global marketplace where A recorded vote was ordered. The amendment was agreed to. energy costs are critical to economic The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. The success. ant to clause 9 of rule XX, the Chair question is on the engrossment and The cost increases from a national will reduce to 5 minutes the minimum third reading of the bill. energy tax will prove to be severely time for any electronic vote on the The bill was ordered to be engrossed damaging to the bottom lines of small question of passage. and read a third time, and was read the businesses in my State and many oth- The vote was taken by electronic de- third time. ers across this country. It is only ap- vice, and there were—ayes 385, noes 41, MOTION TO RECOMMIT propriate to communicate those costs not voting 7, as follows: Mrs. CAPITO. Madam Speaker, I associated with such a policy. Small [Roll No. 280] have a motion to recommit at the businesses operate on very clear mar- AYES—385 desk. gins, and it is the duty of this body to Ackerman Brown, Corrine Davis (IL) The SPEAKER pro tempore. Is the protect those job creators, not go after Aderholt Brown-Waite, Davis (KY) gentlewoman opposed to the bill? them with increased tax burdens. Adler (NJ) Ginny Davis (TN) Mrs. CAPITO. In its current form. Akin Buchanan Deal (GA) I urge adoption of this amendment. Alexander Burgess DeFazio The SPEAKER pro tempore. The I yield back the balance of my time. Altmire Burton (IN) DeGette Clerk will report the motion to recom- Ms. VELA´ ZQUEZ. Madam Speaker, I Andrews Butterfield Delahunt mit. claim the time in opposition to the mo- Arcuri Buyer DeLauro Austria Calvert Dent The Clerk read as follows: tion to recommit. Baca Camp Diaz-Balart, L. Mrs. Capito moves to recommit the bill The SPEAKER pro tempore. The gen- Bachus Campbell Diaz-Balart, M. H.R. 2352 to the Committee on Small Busi- tlewoman from New York is recognized Baird Cantor Dicks ness with instructions to report the same for 5 minutes. Barrow Cao Doggett back to the House forthwith with the fol- ´ Bartlett Capito Donnelly (IN) Ms. VELAZQUEZ. Madam Speaker, I Barton (TX) Capps Doyle lowing amendment: understand that the gentlelady is try- Bean Cardoza Dreier Add at the end the following new title: ing to make a point of climate change Becerra Carnahan Driehaus TITLE VIII—ASSISTANCE RELATED TO reform. What I would hope is that you Berkley Carney Duncan CARBON EMISSION TAX Berman Carson (IN) Edwards (TX) will engage in a constructive dialogue Berry Carter Ehlers SEC. 801. ASSISTANCE RELATED TO CARBON on our long-term energy challenges. I Biggert Cassidy Ellison EMISSION TAX. understand the point that you’re try- Bilbray Castle Ellsworth Section 21(c)(3) of the Small Business Act Bilirakis Castor (FL) Emerson (15 U.S.C. 648(c)(3)) is amended— ing to make, and I will invite you to Bishop (NY) Chaffetz Engel (1) in subparagraph (S), by striking the engage in a constructive dialogue when Bishop (UT) Chandler Etheridge final ‘‘and’’; it comes to climate change reform. Blackburn Childers Fallin (2) in subparagraph (T), by striking the pe- Blumenauer Clyburn Fattah The legislation that you’re referring Blunt Coble Filner riod and inserting ‘‘; and’’; and to will provide assistance to small Boccieri Coffman (CO) Flake (3) by adding at the end the following new businesses and also small manufactur- Boehner Cohen Fleming subparagraph: ers as we transition to a green econ- Bonner Cole Forbes ‘‘(U) providing information and technical Bono Mack Conaway Fortenberry assistance to any small business owner that omy, and in fact, the bill that we have Boozman Cooper Foster faces an increase in costs as a result of the before us today creates a green entre- Boren Costa Foxx enactment of any program to impose a tax preneurs training program in the sec- Boswell Costello Franks (AZ) Boucher Courtney Frelinghuysen on carbon emissions, either directly or tors of energy efficiency, clean tech- Boustany Crenshaw Gallegly through the operation of a cap and trade sys- nology. Also, several amendments Boyd Cuellar Garrett (NJ) tem on such emission limits.’’. adopted today will help promote en- Brady (PA) Culberson Gerlach Mrs. CAPITO (during the reading). ergy efficiency under the Polis amend- Brady (TX) Cummings Giffords Bright Dahlkemper Gingrey (GA) Madam Speaker, I ask unanimous con- ment. The Women’s Business Center Broun (GA) Davis (AL) Gohmert sent to dispense with the reading. program will provide such a system for Brown (SC) Davis (CA) Gonzalez

VerDate Nov 24 2008 04:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.100 H20MYPT1 jbell on PROD1PC69 with HOUSE H5862 CONGRESSIONAL RECORD — HOUSE May 20, 2009 Goodlatte Maloney Rooney Moore (WI) Ryan (OH) Tsongas [Roll No. 281] Gordon (TN) Manzullo Ros-Lehtinen Napolitano Sherman Waters Granger Marchant Roskam Olver Tierney Woolsey YEAS—406 Graves Markey (CO) Ross Polis (CO) Towns Abercrombie Delahunt Kingston Grayson Marshall Rothman (NJ) Ackerman DeLauro Kirk Green, Al Massa Roybal-Allard NOT VOTING—7 Aderholt Dent Kirkpatrick (AZ) Green, Gene Matheson Royce Bachmann LaTourette Speier Adler (NJ) Diaz-Balart, L. Kissell Griffith McCarthy (CA) Ruppersberger ´ Barrett (SC) Sanchez, Linda Stark Akin Diaz-Balart, M. Kline (MN) Grijalva McCarthy (NY) Rush Braley (IA) T. Alexander Dicks Kosmas Guthrie McCaul Ryan (WI) Altmire Dingell Kratovil Hall (NY) McClintock Salazar ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Andrews Doggett Kucinich Hall (TX) McCollum Sanchez, Loretta The SPEAKER pro tempore (during Arcuri Donnelly (IN) Lamborn Halvorson McCotter Sarbanes Hare McHenry Scalise the vote). There are 2 minutes remain- Austria Doyle Lance Harper McHugh Schakowsky ing in this vote. Baca Dreier Langevin Hastings (FL) McIntyre Schauer Bachus Driehaus Larsen (WA) Hastings (WA) McKeon Schiff Baird Edwards (MD) Larson (CT) Heinrich McMahon Schmidt b 1812 Baldwin Edwards (TX) Latham Heller McMorris Schock Barrow Ehlers LaTourette Hensarling Rodgers Schrader Ms. WOOLSEY changed her vote Bartlett Ellison Latta Herger McNerney Schwartz from ‘‘aye’’ to ‘‘no.’’ Barton (TX) Ellsworth Lee (CA) Bean Emerson Lee (NY) Herseth Sandlin Meek (FL) Scott (GA) Messrs. THOMPSON of California, Higgins Meeks (NY) Scott (VA) Becerra Engel Levin Hill Melancon Sensenbrenner GORDON of Tennessee, GONZALEZ, Berkley Eshoo Lewis (CA) Himes Mica Serrano FATTAH, Ms. KILROY, Messrs. Berman Etheridge Lewis (GA) Berry Fallin Linder Hinchey Michaud Sessions SPRATT, NADLER of New York, and Hinojosa Miller (FL) Sestak Biggert Farr Lipinski Hodes Miller (MI) Shadegg Ms. PINGREE of Maine changed their Bilbray Fattah LoBiondo Hoekstra Miller (NC) Shea-Porter vote from ‘‘no’’ to ‘‘aye.’’ Bilirakis Filner Loebsack Holden Miller, Gary Shimkus So the motion to recommit was Bishop (GA) Fleming Lofgren, Zoe Hoyer Miller, George Shuler Bishop (NY) Forbes Lowey Hunter Minnick Shuster agreed to. Bishop (UT) Fortenberry Lucas Inglis Mitchell Simpson The result of the vote was announced Blackburn Foster Luetkemeyer ´ Inslee Mollohan Sires Blumenauer Frank (MA) Lujan as above recorded. Blunt Frelinghuysen Lummis Israel Moore (KS) Skelton ´ Issa Moran (KS) Slaughter Ms. VELAZQUEZ. Madam Speaker, Boccieri Fudge Lungren, Daniel Jackson (IL) Moran (VA) Smith (NE) pursuant to the instructions of the Boehner Gallegly E. Jackson-Lee Murphy (CT) Smith (NJ) Bonner Garrett (NJ) Lynch House in the motion to recommit, I re- Bono Mack Gerlach Mack (TX) Murphy (NY) Smith (TX) port the bill, H.R. 2352, back to the Jenkins Murphy, Patrick Smith (WA) Boozman Giffords Maffei Johnson (IL) Murphy, Tim Snyder House with an amendment. Boren Gingrey (GA) Maloney Johnson, Sam Murtha Souder The SPEAKER pro tempore. The Boswell Gohmert Manzullo Boucher Gonzalez Marchant Jones Myrick Space Clerk will report the amendment. Jordan (OH) Nadler (NY) Spratt Boustany Goodlatte Markey (CO) Kagen Neal (MA) Stearns The Clerk read as follows: Brady (PA) Gordon (TN) Markey (MA) Brady (TX) Granger Marshall Kanjorski Neugebauer Stupak Amendment offered by Ms. VELA´ ZQUEZ: Kaptur Nunes Sullivan Bright Graves Massa Kennedy Nye Sutton Add at the end the following new title: Brown (SC) Grayson Matheson Brown, Corrine Green, Al Kildee Oberstar Tanner TITLE VIII—ASSISTANCE RELATED TO Matsui Brown-Waite, Green, Gene McCarthy (CA) Kilpatrick (MI) Obey Tauscher CARBON EMISSION TAX Kilroy Olson Taylor Ginny Griffith McCarthy (NY) Kind Ortiz Teague SEC. 801. ASSISTANCE RELATED TO CARBON Buchanan Grijalva McCaul King (IA) Pallone Terry EMISSION TAX. Burgess Guthrie McClintock Burton (IN) Gutierrez McCollum King (NY) Pascrell Thompson (CA) Section 21(c)(3) of the Small Business Act Kingston Pastor (AZ) Thompson (MS) Butterfield Hall (NY) McCotter (15 U.S.C. 648(c)(3)) is amended— Buyer Hall (TX) McDermott Kirk Paul Thompson (PA) (1) in subparagraph (S), by striking the Kirkpatrick (AZ) Paulsen Thornberry Calvert Halvorson McGovern Kissell Payne Tiahrt final ‘‘and’’; Camp Hare McHenry Klein (FL) Pence Tiberi (2) in subparagraph (T), by striking the pe- Cantor Harman McHugh Kline (MN) Perlmutter Titus riod and inserting ‘‘; and’’; and Cao Hastings (FL) McIntyre Kosmas Perriello Tonko (3) by adding at the end the following new Capito Hastings (WA) McKeon Capps Heinrich McMahon Kratovil Peters Turner subparagraph: Kucinich Peterson Upton Capuano Heller McMorris ‘‘(U) providing information and technical Cardoza Herger Rodgers Lamborn Petri Van Hollen assistance to any small business owner that Lance Pingree (ME) Vela´ zquez Carnahan Herseth Sandlin McNerney Langevin Pitts Visclosky faces an increase in costs as a result of the Carney Higgins Meek (FL) Larsen (WA) Platts Walden enactment of any program to impose a tax Carson (IN) Hill Meeks (NY) Larson (CT) Poe (TX) Walz on carbon emissions, either directly or Carter Himes Melancon Latham Pomeroy Wamp through the operation of a cap and trade sys- Cassidy Hinchey Mica Castle Hinojosa Michaud Latta Posey Wasserman tem on such emission limits.’’. Lee (NY) Price (GA) Schultz Castor (FL) Hirono Miller (MI) Levin Price (NC) Watson The SPEAKER pro tempore. The Chandler Hodes Miller (NC) Lewis (CA) Putnam Watt question is on the amendment. Childers Hoekstra Miller, Gary Linder Quigley Waxman Clarke Holden Miller, George Lipinski Radanovich Weiner The amendment was agreed to. Clay Holt Minnick LoBiondo Rahall Welch The SPEAKER pro tempore. The Cleaver Honda Mitchell Loebsack Rangel Westmoreland Clyburn Hoyer Mollohan question is on the engrossment and Coble Hunter Moore (KS) Lowey Rehberg Wexler third reading of the bill. Lucas Reichert Whitfield Coffman (CO) Inglis Moore (WI) Luetkemeyer Reyes Wilson (OH) The bill was ordered to be engrossed Cohen Inslee Moran (VA) Luja´ n Richardson Wilson (SC) and read a third time, and was read the Cole Israel Murphy (CT) Conaway Issa Murphy (NY) Lummis Rodriguez Wittman third time. Lungren, Daniel Roe (TN) Wolf Connolly (VA) Jackson (IL) Murphy, Patrick E. Rogers (AL) Wu The SPEAKER pro tempore. The Cooper Jackson-Lee Murphy, Tim Lynch Rogers (KY) Yarmuth question is on the passage of the bill. Costa (TX) Murtha Costello Jenkins Myrick Mack Rogers (MI) Young (AK) The question was taken; and the Maffei Rohrabacher Young (FL) Courtney Johnson (IL) Nadler (NY) Speaker pro tempore announced that Crenshaw Johnson, E. B. Napolitano NOES—41 the ayes appeared to have it. Crowley Johnson, Sam Neal (MA) ´ Cuellar Jones Neugebauer Abercrombie Dingell Honda Ms. VELAZQUEZ. Madam Speaker, Cummings Jordan (OH) Nunes Baldwin Edwards (MD) Johnson (GA) on that I demand the yeas and nays. Dahlkemper Kagen Nye Bishop (GA) Eshoo Johnson, E. B. The yeas and nays were ordered. Davis (AL) Kanjorski Oberstar Capuano Farr Lee (CA) Davis (CA) Kaptur Obey Clarke Frank (MA) Lewis (GA) The SPEAKER pro tempore. This Davis (IL) Kennedy Olson Clay Fudge Lofgren, Zoe will be a 5-minute vote. Davis (KY) Kildee Olver Cleaver Gutierrez Markey (MA) The vote was taken by electronic de- Davis (TN) Kilpatrick (MI) Ortiz Connolly (VA) Harman Matsui Deal (GA) Kilroy Pallone Conyers Hirono McDermott vice, and there were—yeas 406, nays 15, DeFazio Kind Pascrell Crowley Holt McGovern not voting 12, as follows: DeGette King (NY) Pastor (AZ)

VerDate Nov 24 2008 04:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.076 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5863 Paulsen Ryan (WI) Taylor ‘‘Aye’’ on rollcall 275, agreeing to H. Res. Res. 464) providing for consideration of Payne Salazar Teague Pence Sanchez, Loretta Terry 457, Providing for consideration of the bill the bill (H.R. 915) to amend title 49, Perlmutter Sarbanes Thompson (CA) (H.R. 2352) to amend the Small Business Act, United States Code, to authorize appro- Perriello Scalise Thompson (MS) and for other purposes. priations for the Federal Aviation Ad- Peters Schakowsky Thompson (PA) ‘‘Aye’’ on rollcall 276, Concur In All But Sec. ministration for fiscal years 2009 Peterson Schauer Thornberry Petri Schiff Tiahrt 512 of Senate Amdt. to H.R. 627, Credit Card- through 2012, to improve aviation safe- Pingree (ME) Schmidt Tiberi holders Bill of Rights Act of 2009. ty and capacity, to provide stable fund- Pitts Schock Tierney ‘‘Nay’’ on rollcall 277, Concur In Sec. 512 of ing for the national aviation system, Platts Schrader Titus Poe (TX) Schwartz Tonko Senate Amdt. to H.R. 627, Credit Cardholders and for other purposes, which was re- Polis (CO) Scott (GA) Towns Bill of Rights Act of 2009. ferred to the House Calendar and or- Pomeroy Scott (VA) Tsongas ‘‘Aye’’ on rollcall 278, On Motion to suspend dered to be printed. Posey Sensenbrenner Turner the Rules and Agree to H. Res. 297, Recog- Price (GA) Serrano Upton f nizing May 25, 2009, as National Missing Chil- Price (NC) Sessions Van Hollen ROSLYN LITTMAN SCHULTE Putnam Sestak Vela´ zquez drens Day. Quigley Shea-Porter Visclosky ‘‘Aye’’ on rollcall 279, On Agreeing to the (Mr. MURPHY of New York asked Radanovich Sherman Walden and was given permission to address Rahall Shimkus Walz Kratovil of Maryland Amendment to H.R. 2352, Rangel Shuler Wamp Job Creation Through Entrepreneurship Act of the House for 1 minute and to revise Rehberg Shuster Wasserman 2009. and extend his remarks.) Reichert Simpson Schultz ‘‘Aye’’ on rollcall 280, On Motion to recom- Mr. MURPHY of New York. Mr. Reyes Sires Waters Speaker, I rise today with a very sad Richardson Skelton Watson mit H.R. 2352, Job Creation Through Entre- Rodriguez Slaughter Watt preneurship Act of 2009. duty of reporting the tragic passing of Roe (TN) Smith (NE) Waxman ‘‘Yea’’ on rollcall 281, On Passage of H.R. Roslyn Littman Schulte, who was Rogers (AL) Smith (NJ) Weiner taken from us by a roadside bomb just Rogers (KY) Smith (TX) Welch 2352, Job Creation Through Entrepreneurship Rogers (MI) Smith (WA) Westmoreland Act of 2009. north of Kabul earlier today while serving our country. Rohrabacher Snyder Wexler f Rooney Souder Whitfield Roslyn Schulte was a first lieutenant Ros-Lehtinen Space Wilson (OH) AUTHORIZING THE CLERK TO in the United States Air Force, an in- Roskam Spratt Wilson (SC) Ross Stearns Wittman MAKE CORRECTIONS IN EN- telligence officer, and the younger sis- Rothman (NJ) Stupak Wolf GROSSMENT OF H.R. 2352, JOB ter of my chief of staff, and a great Roybal-Allard Sullivan Woolsey CREATION THROUGH ENTREPRE- friend of this body, Todd Schulte. Ruppersberger Sutton Wu Rush Tanner Yarmuth NEURSHIP ACT OF 2009 Roslyn Schulte was born March 18, Ryan (OH) Tauscher Young (FL) Ms. VELA´ ZQUEZ. Mr. Speaker, I ask 1984, in St. Louis, Missouri. She was a graduate of John Burroughs High NAYS—15 unanimous consent that the Clerk be School in St. Louis, and attended the Broun (GA) Flake Moran (KS) authorized to correct section numbers, Campbell Foxx Paul punctuation, and cross-references, and United States Air Force Academy, Chaffetz Franks (AZ) Royce to make other necessary technical and where she graduated in 2006. She was Culberson Hensarling Shadegg deployed to Afghanistan on February Duncan Miller (FL) Young (AK) conforming corrections in the engrossment of H.R. 2352. 18 of this year. NOT VOTING—12 The SPEAKER pro tempore. Is there Like so many patriotic Americans, Bachmann Harper Sa´ nchez, Linda objection to the request of the gentle- Lieutenant Schulte was willing to give Barrett (SC) Johnson (GA) T. woman from New York? her life in service to all of us and to her Boyd King (IA) Speier country. The expression of our grati- Braley (IA) Klein (FL) Stark There was no objection. Conyers tude to her is beyond words. f Roslyn is survived by her parents, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE MESSAGE FROM THE PRESIDENT Bob and Suzy Schulte, and her brother, The SPEAKER pro tempore (Mr. Todd. The thoughts and prayers of a A message in writing from the Presi- KISSELL) (during the vote). There is 1 grateful Nation are with the Schulte dent of the United States was commu- minute remaining in this vote. family and with Roslyn’s fellow troops nicated to the House by Ms. Wanda and friends at this difficult time. b 1820 Evans, one of his secretaries. As we stand on this floor and debate Messrs. POE of Texas and BURTON f the profound issues of our times, let us of Indiana changed their vote from REPORT ON RESOLUTION PRO- never forget the true cost of the free- ‘‘nay’’ to ‘‘yea.’’ doms that we so often take for granted. So the bill was passed. VIDING FOR CONSIDERATION OF The result of the vote was announced CONFERENCE REPORT ON S. 454, f as above recorded. WEAPON SYSTEM ACQUISITION NOMINATION OF DAWN JOHNSEN REFORM ACT OF 2009 A motion to reconsider was laid on (Mr. CANTOR asked and was given the table. Mr. CARDOZA, from the Committee permission to address the House for 1 f on Rules, submitted a privileged report minute and to revise and extend his re- (Rept. No. 111–125) on the resolution (H. marks.) PERSONAL EXPLANATION Res. 463) providing for consideration of Mr. CANTOR. Mr. Speaker, I rise Mr. BRALEY of Iowa. Madam Speaker, I re- the conference report to accompany today with deep and growing concern gret missing floor votes on Wednesday, May the Senate bill (S. 454) to improve the over President Obama’s nomination of 20, 2009, as I was attending my son’s high organization and procedures of the De- Dawn Johnsen to head up the Justice school graduation in Iowa. If I was present, I partment of Defense for the acquisition Department’s Office of Legal Counsel. would have voted: of major weapon systems, and for other My worry isn’t merely her position on ‘‘Yea’’ on rollcall 273, agreeing to H. Res. purposes, which was referred to the the question of life. It’s that she rou- 456, providing for consideration of the Senate House Calendar and ordered to be tinely has taken hard-line stances and amendment to the bill (H.R. 627) to amend the printed. made extreme statements that cast Truth in Lending Act to establish fair and f doubt on her fitness to manage the transparent practices relating to the extension power entrusted to her in a responsible of credit under open end consumer credit REPORT ON RESOLUTION PRO- way. plan, and for other purposes. VIDING FOR CONSIDERATION OF Ms. Johnsen has claimed that abor- ‘‘Yea’’ on rollcall 274, On Ordering the Pre- H.R. 915, FAA REAUTHORIZATION tion restrictions ‘‘reduce pregnant vious Question on H. Res. 457, Providing for ACT OF 2009 women to no more than fetal con- consideration of the bill (H.R. 2352) to amend Mr. CARDOZA, from the Committee tainer.’’ Her arguments have compared the Small Business Act, and for other pur- on Rules, submitted a privileged report pro-life advocates to the KKK and preg- poses. (Rept. No. 111–126) on the resolution (H. nancy to slavery.

VerDate Nov 24 2008 04:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.078 H20MYPT1 jbell on PROD1PC69 with HOUSE H5864 CONGRESSIONAL RECORD — HOUSE May 20, 2009 The Office of Legal Counsel does not Our colleagues in the other body ers in the contraceptive lottery.’’ She need an activist. It needs someone with should be very cautious when consid- criticized then Senator Clinton for a temperament to accurately inform ering this nomination when so much is claiming a need to keep abortions rare. the administration on the legality of at stake. Some of her positions encompass ques- policies being contemplated. f tionable legal arguments, including the I encourage Members of the Senate, assertion that abortion bans might un- including my Senator from Virginia, ARMY RESERVISTS FROM THE dermine the 13th Amendment, which Senator WEBB, to vote against this NORTHERN MARIANA ISLANDS bans slavery. nomination. WHO ARE SERVING IN KUWAIT I quote her here: ‘‘Statutes that cur- f (Mr. SABLAN asked and was given tail a woman’s abortion choice are dis- permission to address the House for 1 turbingly suggestive of involuntary HONORING ROSLYN LITTMAN minute and to revise and extend his re- servitude, prohibited by the 13th SCHULTE marks.) Amendment, in that forced pregnancy (Ms. WASSERMAN SCHULTZ asked Mr. SABLAN. Mr. Speaker, I rise requires a woman to provide contin- and was given permission to address today to recognize the remarkable men uous physical service to the fetus in the House for 1 minute and to revise from the Northern Mariana Islands order to further the State’s asserted in- and extend her remarks.) who are presently serving their coun- terest.’’ Ms. WASSERMAN SCHULTZ. Mr. try in Kuwait. These 78 heroic Army A quote again: ‘‘Our position is that Speaker, I too today rise with a heavy Reservists are members of Echo Com- there is no ‘father’ and no ‘child’—just heart. We learned early this morning pany, 100th Battalion, 442nd Infantry a fetus. Any move by the courts to that America lost a great patriot, Ros- Regiment. The 442nd is well known for force a woman to have a child amounts lyn Littman Schulte, who was killed bravery under tough conditions, and to involuntary servitude.’’ this morning just north of Kabul by a that attitude is embodied in its motto: I and millions of other women do not roadside bomb. ‘‘Go for broke.’’ feel this way. We cherish the oppor- First Lieutenant Schulte, an intel- Echo Company is operating under tunity to have borne a child. ligence officer in the United States Air tough conditions. This is the second de- f Force, was serving in Afghanistan. She ployment for this detachment since the was only 25 years old. THE LOSS OF AMERICA’S U.S. went to war in the Middle East. MANUFACTURING SECTOR A 2006 graduate of the United States The company was first sent into com- Air Force Academy, Roslyn was born bat from August 2004 to February 2006 (Mr. ROE of Tennessee asked and was and raised in St. Louis, Missouri. for 19 months. The current deployment given permission to address the House I am heartbroken for a good friend of began last August and will end some- for 1 minute.) many of us, Todd Schulte, chief of staff time in September after another 14 Mr. ROE of Tennessee. Mr. Speaker, to Congressman SCOTT MURPHY, who is months. Americans are tired of watching our Roslyn’s brother. It is on days like These are tough conditions. These manufacturing sector move overseas. today that we must remind ourselves soldiers must leave families behind, We need to implement policies that en- of the great sacrifices that members of and their spouses must do their best on courage companies to invest here in the armed services and their families their own while praying for the safe re- America and that make the cost of make in defense of freedom and the se- turn of their loved ones. And some do doing business less expensive. Lowering curity of the United States. not return home. The Northern Mari- corporate tax rates, creating tax incen- My thoughts and prayers are with anas has already lost 11 individuals in tives for purchasing new plant equip- her parents, Bob and Suzy, her brother the combat zone just in this war alone. ment and increasing depreciation al- Todd, her extended family and her unit I have a special connection to Echo lowances all would be helpful in ex- at this grievous time. Company. I was one of the first volun- panding investment here. f teers for the 442nd when it was first es- Unfortunately, House Democrats are advancing cap-and-tax legislation that NOMINATION OF DAWN JOHNSEN tablished in the early 1980s in the Northern Marianas. More so, I know has many theoretical benefits but one (Mr. THORNBERRY asked and was most of these men on a personal basis absolute consequence—the loss of mil- given permission to address the House as family, friend or neighbor. lions of American manufacturing jobs. for 1 minute and to revise and extend I stand before this body today with The Democrats’ response to global his remarks.) the utmost respect and gratitude to in- warming is to tax coal, of which we Mr. THORNBERRY. Mr. Speaker, one dividuals from the Northern Marianas have hundreds of years of reserves, and of the key lessons from the release of and from everywhere in America who to tax oil so that Americans will start legal memos analyzing interrogation bravely serve our Nation and its peo- using other power sources. Employers techniques is the importance of the Of- ple. who are in globally competitive indus- fice of Legal Counsel in the Justice De- To Echo Company, I say Godspeed tries and who can’t simply raise the partment. One may agree or disagree and Si Yu’us Ma’a’se. cost of their goods will be forced to lay with the analysis used in the past, but off even more people, as their factories they were quite clear and quite specific f close, to pay for a program that may or on what was allowed and what was not, b 1830 may not be necessary to reverse cli- down to the number of seconds that mate change. NOMINATION OF DAWN JOHNSEN— each technique could be used. I, for one, am not willing to sacrifice LIFE ISSUES The lawyer’s opinions were binding. two American manufacturing jobs for If they had prohibited a technique, for (Ms. FOXX asked and was given per- every one green job. I hope all Ameri- example, that lowered a terrorist sus- mission to address the House for 1 cans will let their legislators know pect’s self-esteem, then that opinion minute.) they don’t want to pay higher taxes on would be binding too. Ms. FOXX. Mr. Speaker, the Presi- energy while watching their jobs dis- The importance of this position in dent has said we should find common appear. our government is highlighted by the ground on the issue of abortion, but his f controversial nomination that Presi- nomination of Dawn Johnsen to head dent Obama has made for this position. up the Office of Legal Counsel is NATIONAL ENERGY TAX The opinions of Professor Dawn amongst the most controversial of his (Mr. PENCE asked and was given per- Johnsen that she has expressed in the nominees. mission to address the House for 1 past, and her reluctance to provide Johnsen, who formerly worked for minute.) clear answers today, call into question NARAL and the ACLU’s Reproductive Mr. PENCE. As we stand in Congress her opinions and whether they could be Freedom Project has compared preg- this evening, legislation on climate the basis upon which our national secu- nancy to involuntary servitude. She change continues to move through this rity professionals could do their job. has described pregnant women as ‘‘los- body. As more Americans are realizing

VerDate Nov 24 2008 06:04 May 21, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.109 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5865 every day, the cap-and-trade legisla- force the measures taken to deal with Willys-Overland is a perfect example tion is nothing more than a national that national emergency. of the importance of automobiles in energy tax that will raise the energy BARACK OBAMA. America. Willys was the second largest costs on every American household by THE WHITE HOUSE, May 19, 2009. carmaker in America from 1912 to thousands of dollars a year. It will hit f 1918—only Ford was larger—and then it the Midwest, low-income Americans SPECIAL ORDERS took off when it won a spirited na- and Americans on fixed incomes the tional competition, which we should hardest. The SPEAKER pro tempore. Under repeat, to build the rough-and-ready The President, himself, said more the Speaker’s announced policy of Jan- vehicle that General George C. Mar- than a year ago that, if his cap-and- uary 6, 2009, and under a previous order shall wanted for U.S. troops in the war. trade proposal became law, utility of the House, the following Members That vehicle was the Jeep. rates would, in his words now, ‘‘nec- will be recognized for 5 minutes each. When President Obama talks about essarily skyrocket.’’ Millions of Ameri- f an emblem of the American spirit, he cans are catching on. The SPEAKER pro tempore. Under a could have been talking about the Jeep Next week, House Republicans will previous order of the House, the gentle- plant in Toledo, Ohio, because nowhere go from coast to coast in this country woman from California (Ms. WOOLSEY) else did the American spirit manifest with energy summits, taking our case is recognized for 5 minutes. itself more magnificently. When World against this national energy tax to the (Ms. WOOLSEY addressed the House. War II started, the United States was four corners of this Nation. I look for- Her remarks will appear hereafter in caught flatfooted. When Hitler invaded ward to engaging the American people. the Extensions of Remarks.) Poland, the United States had the 16th During these tough economic times, f largest army in the world, just ahead of Bulgaria. If not for our domestic the last thing we should do is raise the SAVING AN EMBLEM OF THE automobile platform, America could burden and the cost of energy on every AMERICAN SPIRIT working family in this Nation. not have mobilized its industrial might Let’s say ‘‘no’’ to a national energy The SPEAKER pro tempore. Under a to turn back Adolf Hitler and save the tax and say ‘‘no’’ to cap-and-trade. previous order of the House, the gentle- world. woman from Ohio (Ms. KAPTUR) is rec- Toledo workers, my friends and fam- f ognized for 5 minutes. ily and, indeed, their parents answered CONTINUATION OF THE NATIONAL Ms. KAPTUR. Mr. Speaker, President our Nation’s call and turned out hun- EMERGENCY WITH RESPECT TO Obama has stated that America can dreds of thousands of Jeeps during THE STABILIZATION OF IRAQ— not, must not and will not let our auto World War II. Men and women alike, MESSAGE FROM THE PRESIDENT industry simply vanish. The industry is they helped win the war, and they were OF THE UNITED STATES (H. DOC. like no other, he said—‘‘an emblem of proud of their contribution and de- NO. 111–42 the American spirit, a once and future served to be. symbol of America’s success.’’ I could The goodwill alone associated with The SPEAKER pro tempore laid be- not agree more with the President. We the Jeep brand name is still magic fore the House the following message must do what we need to do to save today around the world. from the President of the United this vital industry in the face of the We’ll tell Dr. Montgomery how the States; which was read and, together Wall Street meltdown and virulent and Toledo factory is today the most mod- with the accompanying papers, referred often unfair foreign competition. No ern and efficient, indeed, the most in- to the Committee on Foreign Affairs major industrial power has ever sur- novative in the Chrysler family, how and ordered to be printed: vived without a strong automobile in- it’s a model for flexible manufacturing To the Congress of the United States: dustry. production and labor management rela- Section 202(d) of the National Emer- First of all, auto production is essen- tions across this continent. We’ll tell gencies Act (50 U.S.C. 1622(d)) provides tial for our domestic economic secu- Dr. Montgomery that Toledo, Ohio, for the automatic termination of a na- rity. Automobiles built the middle will be what President Obama calls tional emergency unless, prior to the class in America, and they made pos- ‘‘the future system of America’s suc- anniversary date of its declaration, the sible the greatest economic and conti- cess’’ as the home, not only of Chrysler President publishes in the Federal Reg- nental expansion the world has ever innovation and efficiency, but of Gen- ister and transmits to the Congress a seen. eral Motors’ new green, six-speed notice stating that the emergency is to Secondly, auto production is essen- transmission plant that won the Har- continue in effect beyond the anniver- tial for our national defense. When bour & Associates’ top ranking for pro- sary date. In accordance with this pro- President Obama talks about the fu- ductivity for 5 straight years and that vision, I have sent the enclosed notice ture symbol of America’s success, he is it is poised to lead the way in America to the Federal Register for publication. talking about my district, including for the fuel-efficient and low-polluting This notice states that the national Toledo, as well as Sandusky and Lo- vehicles of the future. emergency with respect to the sta- rain, but also Cleveland and Youngs- We’ll tell Dr. Montgomery how the bilization of Iraq declared in Executive town and, of course, Detroit. Why? Be- University of Toledo, through its clean Order 13303 of May 22, 2003, as modified cause we have been sowing the seeds and alternative energy incubator, is in scope and relied upon for additional for the rebirth of the American auto- leading the way in research and devel- steps taken in Executive Order 13315 of mobile industry in these communities opment and in the commercialization August 28, 2003, Executive Order 13350 and especially in my hometown of To- of green power, including for vehicles, of July 29, 2004, Executive Order 13364 ledo—that is, until Wall Street hit us and how the University of Toledo of November 29, 2004, and Executive with a blunt mallet. Transportation Center is focusing on Order 13438 of July 17, 2007, is to con- Mr. Speaker, Toledo is looking for- economic development through trans- tinue in effect beyond May 22, 2009. ward to a visit tomorrow by Dr. Ed portation, research and education. Obstacles to the orderly reconstruc- Montgomery, the President’s auto czar. Detroit will always be Motown and tion of Iraq, the restoration and main- He will visit Dayton as well as our the Motor City, but the rebirth of the tenance of peace and security in the hometown. In Toledo, we are going to American automobile industry will country, and the development of polit- tell him the story of automobiles and happen in places like Toledo, where our ical, administrative, and economic in- what they mean to America. We’ll tell legacy leads us to innovate, to create, stitutions in Iraq continue to pose an him how Toledo has been making cars to collaborate, and to meet the chal- unusual and extraordinary threat to for over 100 years, starting with an en- lenges of a new century and to build a the national security and foreign pol- trepreneur named John North Willys, new symbol of America’s success. icy of the United States. Accordingly, I who founded an auto company in To- Frankly, it’s time for a new national have determined that it is necessary to ledo that became Willys-Overland, competition, for the rough-and-ready continue the national emergency with later owned by Kaiser, then by Chrys- vehicles of the future. We know those respect to this threat and maintain in ler. will be built in Toledo, Ohio.

VerDate Nov 24 2008 04:19 May 21, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.111 H20MYPT1 jbell on PROD1PC69 with HOUSE H5866 CONGRESSIONAL RECORD — HOUSE May 20, 2009 NATIONALIZED HEALTH CARE pletely go bankrupt if they’re not over- Mr. Speaker, the new government, The SPEAKER pro tempore. Under a hauled. nationalized, impersonal health care previous order of the House, the gen- The Medicare program trustees just a system will have the compassion of the tleman from Texas (Mr. POE) is recog- week ago said the program has ‘‘un- IRS, the competence of FEMA, and the nized for 5 minutes. funded liability’’ of nearly $38 trillion. efficiency of the post office. Mr. POE of Texas. Mr. Speaker, the That’s the amount of benefits promised And that’s just the way it is. talk around town is universal health to Americans but not paid by them f care for all Americans. This is a noble through taxes. If we don’t fix the waste The SPEAKER pro tempore. Under a ideal and a great goal, but the real and inefficiency in Medicare, Medicaid, previous order of the House, the gen- question is: Do we want universal and the VA, millions of people will not tleman from Illinois (Mr. QUIGLEY) is health care run by the government or be treated properly. Taxes keep going recognized for 5 minutes. universal health care run by the pri- up but these government-run health (Mr. QUIGLEY addressed the House. vate sector? That is the question to be care services in the United States keep His remarks will appear hereafter in asked and answered. getting worse. the Extensions of Remarks.) Even though every Nation that has The kind of government-run health f tried socialized public health care has care that is being considered right now The SPEAKER pro tempore. Under a proven it’s unaffordable, doesn’t work will have the same sort of underpay- previous order of the House, the gen- and provides inferior health care, those ments to doctors and hospitals that we tleman from North Carolina (Mr. who want the United States Govern- see in Medicare and Medicaid. Even JONES) is recognized for 5 minutes. ment to run every aspect of our lives with the massive taxes that would (Mr. JONES addressed the House. His still demand public health care. Let’s come up with this government health remarks will appear hereafter in the look at a couple of examples of social- care program, if people think health Extensions of Remarks.) care is expensive now, just wait until ized, nationalized health care: f Katie Brickell is a young woman who it’s free. lives in Great Britain where they have The government underpaying for INVISIBLE CHILDREN government-run health care. When services will force the price of medical The SPEAKER pro tempore. Under a Katie was 19, she tried to get a test for insurance so high to make up for the previous order of the House, the gen- cervical cancer, which is a matter of gap in what health care really costs tleman from Kansas (Mr. MORAN) is routine here in the United States. that their employer will no longer be recognized for 5 minutes. Katie was told that she had to wait able to afford the health insurance. Mr. MORAN of Kansas. Imagine, if until she was 20. When she tried again Studies have shown the kind of gov- you can, living in a place so plagued by at 20, she was told that the age was ernment-run health care being worked war and kidnapping that you have to moved to 25 so the government could on by Congress tonight, right now, will walk up to 12 miles a day just to find save some money. While waiting 5 end up forcing 120 million Americans a place to sleep at night that’s safe. As more years because some bureaucrat on the government plan for this very Americans, I don’t think we can fully told her that’s what she had to do, reason. 120 million Americans who get grasp what that would be like. But, for Katie got sick and was diagnosed with their health care from their jobs would thousands of children living in north- cervical cancer. have to go into the government system ern Uganda today, this is their daily Now some bureaucrat is telling this because their employer cannot afford commute. This is their life. young lady, who is just starting out in to pay for the high cost of insurance. For fear of being abducted by rebel her adult life, that her disease is not That’s half of the Americans in this leader Joseph Kony and his Lord’s Re- treatable, all because some bureaucrat country today. sistance Army, children living in rural said it cost too much. Neither Katie But the most frightening part of the homes and villages would walk to town nor her doctor made a medical deci- government plans being considered is centers to sleep where they could hope sion, but this no-named bureaucrat the rationing of health care for proce- to be safe. The children were among made all of these decisions. This is the dures based on cost, age, and surviv- the victims of a conflict that began in British example of government-run, ability rate. Let me repeat: Health care 1986, and that somehow still continues universal public health care. will be rationed based on cost, age, and today in Uganda and neighboring coun- Charlie Wadge lives in Canada where survivability rate. tries. they have long waiting lines and ra- Somebody needs to explain to me Lacking support from the local popu- tioned health care because they have a how it’s an improvement in our health lation, Kony resorted to kidnapping government-run system. Limping care system for somebody in Wash- children as young as 8 years old and badly, Charlie was diagnosed with ar- ington, D.C., to decide that someone conscripting them to his army. The thritis in his hip. When he needed his can’t have a cancer treatment because children have been brutalized and replacement surgery, the bureaucrats it’s too expensive, like is happening in forced to commit atrocities on fellow told him he’d have to be on a waiting England right now. Or that people abductees and even siblings. The vi- list for between 18 months and 2 years can’t have a medical procedure because cious initiations were meant to break before he could have that surgery. some bureaucrat thinks it’s too expen- the children’s ties to their community Charlie paid what we call a private sive because they’re too old. The pa- and gain their loyalty to the LRA. medical broker, who negotiated a price tient and doctor will be completely cut More than 25,000 children have been ab- for him to have surgery in the United out of the decisionmaking process. And ducted over the course of this 23-year States, in Oklahoma City. that is wrong. conflict. There’s an alternative plan to put all While many Americans first learned b 1845 Americans on universal coverage even about this issue when they saw a film He had to pay for the whole thing out without raising taxes. This idea would made by college-age students called In- of his pocket—and it’s a good thing he leave decisions about people’s health visible Children, many more remain had the money. At least he can walk. care between their doctor and the pa- unaware of the violence and suffering Left up to Canada’s system of uni- tient, not the bureaucrats and the happening half a world away. I was re- versal-run, government-rationed health taxacrats in D.C. It’s a plan to put ev- cently reminded of the severity of this care, he would have probably been per- eryone on private insurance plans. This situation when students in my home- manently crippled by now. deserves a close examination by this town of Hays and the community of Now if we want an example of what Congress. Sterling, Kansas, shared with me the health care run by the American bu- We’d better take a long look at the latest news from this conflict. reaucrats looks like, we should exam- choices we have, Mr. Speaker. If we go In 2006, many were hopeful a peace ine Medicare, Medicaid, or even the down the road of government-run agreement could be reached to allow a VA. These government programs are health care in America, we will destroy new generation of children to finally now a disaster. They waste so much the best health care structure in the live a life free of fear. Although it ap- money, and they will probably com- world. peared progress had been made, Kony

VerDate Nov 24 2008 05:39 May 21, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.114 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5867 refused to sign the final agreement in roic Cubans lost their lives. Then, the American people—and I will put it on 2008, and instead escalated his attacks. United States intervened to help Cuba my Web site—that they see the names Since then, the LRA has killed more in 1898. And this Congress was instru- of the future leaders of democratic than 1,000, including more than 200 on mental in making certain that after Cuba. Christmas Day. The LRA has also ab- there was pacification—and obviously ducted more than 450 children during Spanish colonialism had been ex- TO THE ORGANIZATION OF AMERICAN STATES this time. pelled—that the Republic of Cuba Republic of Cuba, May 15, 2009 A few weeks ago, concerned citizens would be possible. from around the world, in more than The United States voluntarily left We, members of the Cuban democratic opposition, along with our brothers in the Re- 100 cities, participated in an event Cuba. Withdrew. Granted Cuba its inde- sistance who are exiled, consider it necessary called the Rescue to raise awareness pendence by withdrawing. May 20, 1902. to address you in the name of our people’s about the conflict and call on their So, today is an anniversary of a very sovereign democratic aspirations. important occasion. It’s a sad anniver- elected officials—people here in this We contemplate how a call for the read- House of Representatives—to take ac- sary, because 50 years ago the Cuban mission of the longest-lived and most oppres- tion. Two of these events were held in Republic fell in the hands of a de- sive of Latin American dictatorships to has my home State—in Wichita and Kansas mented serial killer, a demonic mass been raised in the Latin American region, City. murderer, Fidel Castro. And he con- which, as if were not enough, the Castro dic- I’m here today to join my voice with tinues to rule. He has been ill for some tatorship itself has reviled. It is a painful the voices of those that participated in years and so he has granted some titles contradiction for the complete normaliza- the Rescue and to call on Congress to of power to his brother. But he con- tion of all ties with this tyrannical regime tinues to be the absolute, personal, and the diplomatic acceptance of despotic support efforts to end the violence and rule on our Island to be proposed precisely to rebuild shattered lives. total dictator of the totalitarian circus on the 50th anniversary of the advent of to- People look to the United States to that oppresses the Cuban people. talitarianism in Cuba. There are hundreds of recognized defend those who cannot help them- Cuba has not been separated from the OAS. selves, to free the oppressed, and to prisoners of conscience—journalists, li- It is the tyrannical regime which violates champion the cause of freedom. This brarians, teachers, lawyers, physicians; the public liberties of Cubans that has been Congress can be the voice for those who people who simply have expressed their separated. It is the Cuban nation which has have none. point of view that they want to see continued to belong to this organization in As Brandon Nimz, a student at Fort Cuba free. They’re in the dungeons. symbolic tribute to the thousands of Cubans Hayes State University, who is active And there are thousands of others who who have paid harshly for their democratic in raising awareness about this issue, are there as well because they violated resistance against this regime. said in a recent letter to the editor, ‘‘In so-called laws that would not and do Nevertheless, what worries us most is not this time when the world does not look not exist in democratic nations. the affront which would be committed very kindly toward the United States, They’re imprisoned for things such as against our rights by accepting the dictatorship which oppresses us as an equal in terms I believe we must show everyone that dangerousness. Untold thousands thus are political prisoners in Cuba, suf- of the fundamental values of its democratic we’re not driven solely by a need for neighbors, but rather the damage that would power and influence—we do have a fering in the gulag because they have be inflicted on the hemisphere itself. heart. Even though we will receive no bothered that demonic mass murderer in some way, because they seek free- It has cost great pain and sacrifice to ban- political or economic gains by helping ish dictatorships from our Latin America. To these defenseless villagers in the five dom, those political prisoners. ignore the Inter American Democratic Char- affected African nations, it is the right Now the system, the totalitarian sys- ter, and specifically articles 1, 2, and 3 which thing to do.’’ tem that has lasted 50 years, is rotten state: Mr. Speaker and colleagues, tonight to the core, Mr. Speaker. Not only does Article 1—The peoples of the Americas let us show that America does indeed it have the abject opposition, rejection have a right to democracy and their govern- have that heart. Please join me in of the entire people, in consensus fash- ments have an obligation to promote and de- doing the right thing by taking action ion, the entire nation, but it’s putre- fend it. to help this conflict and protect the fied. It’s absolutely rotten. And that Article 2—The effective exercise of rep- helpless. system is in effect a corpse that is resentative democracy is the basis for the unburied. rule of law and of the constitutional regimes f So, when the dictator does finally of the member states of the Organization of The SPEAKER pro tempore. Under a die, that circus, that system, totali- American States. previous order of the House, the gen- tarian, oppressive system will die with Article 3—Essential elements of represent- tleman from North Carolina (Mr. them. We have seen, in recent exam- ative democracy include, inter alia, respect MCHENRY) is recognized for 5 minutes. ples in very personalized dictatorships, for human rights and fundamental freedoms, (Mr. MCHENRY addressed the House. whether it’s Franco in Spain or Tru- access to and the exercise of power in accord- His remarks will appear hereafter in jillo in the Dominican Republic, it’s a ance with the rule of law, the holding of peri- the Extensions of Remarks.) matter of months or years. Their sys- odic, free, and fair elections based on secret balloting and universal suffrage as an expres- f tems die with them. That’s what we’re sion of the sovereignty of the people, the plu- going to see in Cuba. 107TH ANNIVERSARY OF THE INDE- ralistic system of political parties and orga- Now, Mr. Speaker, I will submit for PENDENCE OF THE REPUBLIC OF nizations, and the separation of powers and the CONGRESSIONAL RECORD a very im- independence of the branches of government. CUBA portant letter and list of signatories To readmit the totalitarian Castro regime The SPEAKER pro tempore. Under a received just a few days ago. It was to the OAS would mean opening the door to previous order of the House, the gen- sent to the Organization of American every kind of future despotism for the re- tleman from Florida (Mr. LINCOLN States because there’s this pathetic, gion, and would portend grave and unpredict- DIAZ-BALART) is recognized for 5 min- grotesque effort to readmit the Cuban able consequences for the millions of human utes. military dictatorship that’s lasted 50 beings who are part of the Latin American Mr. LINCOLN DIAZ-BALART of years into the inter-American system, community. Florida. I rise today because it is the including the Organization of Amer- We ask you, in the name of the very values 107th anniversary of the independence ican States. And 300 dissidents have of civilization, not to take this step. To do so of the Republic of Cuba. May 20, 1902. signed this letter. would be to lower our American democratic Most people, Mr. Speaker, think that These are the heroes of Cuba; mostly community to the level of totalitarian bar- barism. The 1962 Resolution expresses a clear independence of the Republic of Cuba young people, many of them wearing democratic principle: there can be no demo- was obtained from Spain. It was not. bracelets like this, calling for change. cratic tolerance for the institutionalized vio- The fight was against Spain for almost They’re the future of Cuba. And I rec- lation of human rights embodied totali- 100 years. Hundreds of thousands of he- ommend to my colleagues and the tarian, Marxist-Leninist regimes.

VerDate Nov 24 2008 05:39 May 21, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.118 H20MYPT1 jbell on PROD1PC69 with HOUSE H5868 CONGRESSIONAL RECORD — HOUSE May 20, 2009 The Inter-American Commission of Human 23. Aramilda Contreras Rodrı´guez, 53. Ce´sar Gonza´ lez Figueredo, Partido Rights, an institution affiliated to the OAS, Movimiento Feminista por los Derechos Cubano Demo´ crata Cristiano, Unidad has been one of the most serious and con- Civiles Rosa Parks, Coalicio´ n Central Camagu¨ eyana de Derechos Humanos, sistent institutions to document the atroc- Opositora. Villa Clara. Camagu¨ ey. ities committed by the Castro dictatorship 24. Ariel Gonza´ lez Cendin˜ a, Consejo de 54. Clara Marta Fonseca Quevedo, Partido against its own people. Relatores de Derechos Humanos de Cuba, Pro Derechos Humanos, Ciudad de La Furthermore, we consider that the free Ciudad de La Habana. Habana. Cuban nation would leave through the same 25. Armando Gonza´ lez Benitez, Partido del 55. Cristia´ n Toranzo Fundichely, door that the Castro regime may potentially Pueblo Cubano, Ciudad de La Habana. Movimiento Cubano de Jo´ venes por la be admitted to the OAS. 26. Armando Lla´ nez Govıń, Partido Cubano Democracia. Consideramos adema´ s que por la misma Demo´ crata Cristiano, Unidad Camagu¨ eyana 56. Damaris Moya Portieles, Movimiento puerta que entrarıá la dictadura castrista al de Derechos Humanos, Camagu¨ ey. Feminista por los Derechos Civiles Rosa ser admitida potencialmente por la OEA, 27. Arnaldo Espo´ sito Zaldı´var, Colegio de Parks, Coalicio´ n Central Opositora. Villa saldrıá la nacio´ n cubana libre. Pedagogos Independientes de Cuba, Hoguıń. Clara. Embrace the Cuban people. Condemn its 28. Arnoldo Batista Batista, Colegio de 57. Damaris Vela´ zquez Are´valo, dictatorship. Do not reinstate the Castro re- Pedagogos Independientes de Cuba, Hoguıń. Movimiento Cristiano de Cuba, Holguıń. gime in the Latin American democratic com- 29. Asnay Saurı´ Ibarra, Partido Liberal de 58. Damia´ n Dıáz Na´ poles, Partido Cubano munity; open the doors of the OAS to the Cuba, Coalicio´ n Central Opositora. Demo´ crata Cristiano, Unidad Camagu¨ eyana ´ ´ Cuban civil society that non-violently strug- 30. Barbara Jimenez Contreras, Consejo de de Derechos Humanos, Camagu¨ ey. gles for democratic transformation. Relatores de Derechos Humanos de Cuba, 59. Daniel Miguel Benitez Romero, Colegio Movimiento Femenino Martha Abreu, Villa de Pedagogos Independientes de Cuba, SIGNATURES: Clara. Holguıń. 1. Adailsa Emilia Caldero´ n Castillo, 31. Ba´ rbara Ortiz Piris, Colegio de 60. Dayamı´ Ortiz Molina, Fundacio´ n Liliana Morfis Nu´ n˜ ez, Colegio de Pedagogos Pedagogos Independientes de Cuba, Hoguıń. Cubana de Derechos Humanos, Consejo de Independientes de Cuba, Hoguıń 32. Belkis Mena Contreras, Movimiento Relatores de Derechos Humanos de Cuba, 2. Adis Noris Cruz Viamonte, Movimiento Feminista por los Derechos Civiles Rosa Holguıń. de Resistencia Civica Pedro Luis Boitel, Parks, Coalicio´ n Central Opositora. Villa 61. Dayamı´ Romero Ortiz, Colegio de Consejo de Relatores de Derechos Humanos Clara. Pedagogos Independientes de Cuba, Hoguıń. de Cuba, Holguıń. 33. Benigno Pe´rez Santiesteban. Fundacio´ n 62. Deikel Arias Pen˜ a, Movimiento 3. Aide´ Viamontes Ma´ rquez, Partido Cubana de Derechos Humanos, Consejo de Cristiano de Cuba, Holguıń. Cubano Demo´ crata Cristiano, Unidad Relatores de Derechos Humanos de Cuba, 63. Delmides Fidalgo Lo´ pez, Movimiento Camagu¨ eyana de Derechos Humanos, Holguıń. Cristiano de Cuba, Holguıń. Camagu¨ ey. 34. Bernardo Rogelio Are´valo Padro´ n, ex 64. Delvis Martıńez Alvides, Fundacio´ n 4. Alberto Gonza´ lez Sardin˜ as, Partido Pro prisionero polı´tico y de conciencia, Cien- Cubana de Derechos Humanos, Consejo de Derechos Humanos, Ciudad de La Habana. fuegos. Relatores de Derechos Humanos de Cuba, 5. Alberto Reyes Morales, Plantados, 35. Bienvenido Pedigo´ n Pacheco, Partido Holguıń. Coalicio´ n Central Opositora. Democra´ tico 30 de Noviembre Frank Paı´s, 65. Dervis Martıńez Alvides, Partido Pro 6. Alcides Rivera Rodrı´guez, Presidio Coalicio´ n Central Opositora. Sancti Spiritus. Derechos Humanos Afiliado a la Fundacio´ n Polı´tico Pedro Luis Boitel, Coalicio´ n Central 36. Blas Fortu´ n Martıńez, Coalicio´ n Cen- Andrei Sajarov, Alianza Democra´ tica Ori- Opositora. Villa Clara. tral Opositora. Villa Clara. ental, Holguıń. 7. Alejandrina Garcıá de la Riva, Dama de 37. Caridad Burunate Go´ mez, Presidio 66. Diego Sevila Martıńez, Movimiento Blanco, esposa del prisionero polı´tico Polı´tico Pedro Luis Boitel, Partido Pro Cubano de Jo´ venes por la Democracia, Diosdado Gonza´ lez Marrero, Matanzas. Derechos Humanos Afiliado a la Fundacio´ n Guanta´ namo. 8. Alejandro Dominguez Merino, Colegio de Andrei Sajarov. 67. Diosiris Santana Pe´rez, Presidio Pedagogos Independientes de Cuba, Hoguıń 38. Caridad Caballero Batista, Movimiento Polı´tico Pedro Luis Boitel, Coalicio´ n Central 9. Alejandro Tur Valladares, Jagua Press, Feminista por los Derechos Civiles Rosa Opositora. Villa Clara. Coalicio´ n Central Opositora. Cienfuegos. Parks, Alianza Democra´ tica Oriental. 68. Dixa´ n Saavedra Prats, Presidio Polı´tico 10. Alexis Carrillo Llanos, Fundacio´ n Holguıń. Pedro Luis Boitel, Alianza Democra´ tica Ori- Cubana de Derechos Humanos, Consejo de 39. Carlos Artiles Pe´rez, Partido Cubano ental. Holguıń. Relatores de Derechos Humanos de Cuba, Demo´ crata Cristiano, Unidad Camagu¨ eyana 69. Dixy Carren˜ o Llanos, Consejo de Holguıń. de Derechos Humanos, Camagu¨ ey. Relatores de Derechos Humanos, Holguıń. ´ ´ 11. Alexis Mun˜ oz Calvo, Partido Cubano 40. Carlos Cordero Paez, Presidio Politico 70. Donaida Perez Paseiro, periodista ´ Demo´ crata Cristiano, Unidad Camagu¨ eyana Pedro Luis Boitel, Movimiento Mario independiente Coalicion Central Opositora. ˜ 71. Doraiza Correoso, Presidio Pedro Luis de Derechos Humanos, Camagu¨ ey. Manuel de la Pena. ´ 12. Alfredo Borroa Gallo, Partido por 41. Carlos Lescalle Silva, Centro de Boitel, Alianza Democratica Oriental, ´ Derechos Humanos Afiliado a la Fundacio´ n Informacion Hablemos Press, Consejo de Santiago de Cuba. 72. Eddy Rodrı´guez Cabrejas, Sindicato Andrei Sajarov, Alianza Democra´ tica Ori- Relatores de Derechos Humanos de Cuba, Obrero Independiente Victoria, Las Tunas. ental, Holguıń. Ciego de Avila. 42. Carlos Luis Pineda Moreno, Partido 73. Edelmira del Carmen Quin˜ ones Abra- 13. Alfredo Pozo Carbonell, Movimiento Democra´ tico 30 de Noviembre Frank Paı´s, ham, Movimiento Feminista por los Cristiano de Cuba, Holguıń. Manzanillo, Granma. Derechos Civiles Rosa Parks, Alianza 14. Amado Ruiz Moreno, Partido 43. Carlos Manuel Ca´ rdenas Gonza´ lez, Democra´ tica Oriental, Holguıń. ´ ´ Democratico 30 de Noviembre Frank Paıs, ´ 74. Eisy Marrero Marrero, Fundacio´ n ´ Centro de Informacion Hablemos Press, Ciu- Coalicion Central Opositora. Villa Clara. Cubana de Derechos Humanos, Consejo de ´ dad de La Habana. 15. Ana Margarita Perdigon Brito, 44. Carlos Manuel Gonza´ lez Rodrı´guez, Relatores de Derechos Humanos de Cuba, ´ Coalicion Central Opositora, Sancti Spiritus. Movimiento de Resistencia Cı´vica Pedro Camagu¨ ey. 16. Ana Rosa Alfonso Arteaga, Movimiento Luis Boitel, Consejo de Relatores de 75. Elaine Vargas Betancourt, Sindicato Feminista por los Derechos Civiles Rosa Derechos Humanos de Cuba, Holguıń. Obrero Independiente Victoria, Las Tunas. ´ Parks, Coalicion Central Opositora. Villa 45. Carlos Manuel Herna´ ndez Reyes, 76. Elia Rosa Moreno, Partido Democra´ tico Clara. Alianza Democra´ tica Oriental, Guanta´ namo. 30 de Noviembre Frank Paı´s, Coalicio´ n Cen- 17. Andre´s Fernando Bilbao Garce´s, 46. Carlos Michael Morales Rodrı´guez, tral Opositora. Villa Clara. Partido Cubano Demo´ crata Cristiano, Coalicio´ n Central Opositora. Villa Clara. 77. Emerida Hastie Pe´rez, Movimiento Unidad Camagu¨ eyana de Derechos Humanos, 47. Carlos Palacios Gonza´ lez, Colegio de Feminista por los Derechos Civiles Rosa Camagu¨ ey. Pedagogos Independientes de Cuba, Holguıń. Parks, Alianza Democra´ tica Oriental, 18. Angel Batista Vega, Partido por 48. Carlos Rio Garcia, periodista Holguıń. Derechos Humanos de Cuba Afiliado a la independiente, Consejo de Relatores de 78. Emilio Bringas Evora, Partido por Fundacio´ n Andrei Sajarov. Derechos Humanos, Pinar del Rıó. Derechos Humanos Afiliado a la Fundacio´ n 19. Angel Luis Santiesteban Rodes, Pre- 49. Carlos Zaldı´var Palacios, Liliana Morfis Andrei Sajarov, Matanzas. sidio Polı´tico Pedro Luis Boitel, Fundacio´ n Nu´ n˜ ez, Colegio de Pedagogos Independientes 79. Ernesto Borges Pe´rez, Partido por la Cubana de Derechos Humanos. de Cuba, Hoguıń. Unidad Democra´ tica Cristiana de Cuba, 20. Aniceto Mena Contreras, Presidio 50. Carmen Char Faez, Liliana Morfis Consejo de Relatores de Derechos Humanos Polı´tico Pedro Luis Boitel, Coailicio´ n Cen- Nu´ n˜ ez, Colegio de Pedagogos Independientes de Cuba, Ciudad de La Habana. tral Opositora. Villa Clara. de Cuba, Hoguıń. 80. Ernesto Je´sus Ja´ come Herna´ ndez, 21. Antonia Rodrı´guez Mirabal. Activista 51. Celestino Herna´ ndez Gutie´rrez, Partido por Derechos Humanos de Cuba de Derechos Humanos, Villa Clara. Movimiento Cı´vico Nacionalista Cubano, afiliado a la Fundacio´ n Andrei Sajarov, 22. Antonio Arias Torres, periodista Coalicio´ n Central Opositora. Villa Clara. Provincia Habana. independiente del Centro de Informacio´ n 52. Celso Pen˜ a Velis, Liliana Morfis Nu´ n˜ ez, 81. Ernesto Mederos Arrozarena, Presidio Hablemos Press, Proyecto Comunitario Colegio de Pedagogos Independientes de Polı´tico Pedro Luis Boitel, Coalicio´ n Central Alegrıás Infantiles, Ciudad de La Habana. Cuba, Hoguıń. Opositora. Villa Clara.

VerDate Nov 24 2008 06:51 May 21, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.083 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5869 82. Esperanza de la Paz Sa´ nchez, 110. Idalberto Gonza´ lez Go´ mez, Movimiento Circulos Democra´ ticos Municipalistas, Movimiento Feminista por los Derechos Cı´vico Nacionalista Cubano, Coalicio´ n Cen- Matanzas. Civiles Rosa Parks, Alianza Democra´ tica tral Opositora. Villa Clara. 139. Jose´ Luis Cabrera Cruz, Movimiento Oriental, Holguin. 111. Idalmis Desdıń Salgueiro, Movimiento Cristiano de Cuba, Holguıń. 83. Esteban Pen˜ a Vera, Movimiento Feminista por los Derechos Civiles Rosa 140. Jose´ Luis Ortiz Tamayo, Presidio Po- Cristiano de Cuba, Holguıń. Parks. Holguıń. litico Pedro Luis Boitel, Alianza 84. Esteban Rodrı´guez Oliva, Partido 112. Idalmis Nu´ n˜ ez Reinoso, Presidio Pedro Democra´ tica Oriental. Holguıń. Cubano Demo´ crata Cristiano, Unidad Luis Boitel, Alianza Democra´ tica Oriental, 141. Jose´ Marino Ortiz Molina, Presidio Po- Camagu¨ eyana de Derechos Humanos, Santiago de Cuba. litico Pedro Luis Boitel, Alianza Camagu¨ ey. 113. Idania Yanes Contreras, presidente Democratica Oriental. Holguıń. 85. Esteban Sander Sua´ rez, Presidio Coalicio´ n Central Opositora. Villa Clara. 142. Jose´ Pa´ ez Fuentes, Movimiento Polı´tico Pedro Luis Boitel, Alianza 114. Ilais Meneńdez Lea´ nd, Movimiento Cubano de Jo´ venes por la Democracia, Democra´ tica Oriental. Feminista por los Derechos Civiles Rosa Guanta´ namo. 86. Eulicer Serrano Mayo, Colegio de Parks, Alianza Democra´ tica Oriental. 143. JOSE´ VERDECIA DIAZ, COLEGIO DE ´ Pedagogos Independientes de Cuba, Holguıń. 115. Ileana Hermita Rodrıguez, Partido PEDAGOGOS INDEPENDIENTES DE CUBA, ´ 87. Eusebio Pereta Godoy, Partido Liberal Cubano Democrata Cristiano, Unidad HOLGUIŃ. Camagu¨ eyana de Derechos Humanos, Cubano. 144. Juan Alberto de Ia Nuez Ramirez, ´ ´ Camagu¨ ey. 88. Felix Reyes Gutierrez, Bibliotecas Fundacio´ n Cubana de Derechos Humanos, Independientes, Coalicio´ n Central Opositora. 116. Ilsysi Varona Bermu¨ dez, Partido Cubano Demo´ crata Cristiano, Unidad Consejo de Relatores de Derechos Humanos Villa Clara. de Cuba, Cienfuegos. ´ ´ Camagu¨ eyana de Derechos Humanos, 89. Fidel de Jesus Novoa Chavez, Partido 145. Juan Carlos Gonza´ lez Leiva, Consejo ´ Camagu¨ ey. Cubano Democrata Cristiano, Unidad de Relatores de Derechos Humanos de Cuba, Camagu¨ eyana de Derechos Humanos, 117. Ine´s Maria Lo´ pez Sa´ nchez, Movimiento Cubano de Jo´ venes por la Democracia, Ciudad de La Habana. Camagu¨ ey. 146. Juan de Dios Medina Va´ zquez, Partido Guanta´ namo. 90. Francisco Rangel Manzano, Presidio Liberal de Cuba, Coalicio´ n Central Polı´tico Pedro Luis Boitel, Partido por 118. Inima Marcos Mondeja, Movimiento Feminista por los Derechos Civiles Rosa Opositora. Derechos Humanos Afiliado a la Fundacio´ n 147. Juan Luis Rodriguez Desdıń, Presidio Andrei Sajarov. Parks, Cı´rculos Municipalistas. 119. Iris Tamara Pe´rez Aguilera, presidente Politico Pedro Luis Boitel, Alianza 91. Francisco Safu´ ser, Partido por ´ ´ Movimiento Feminista por los Derechos Democratica Oriental. Holguın. Derechos Humanos de Cuba afiliado a la 148. Juan Miguel Escalona Grass, Partido Fundacio´ n Andrei Sajarov, Ciudad de la Civiles Rosa Parks, Coalicio´ n Central Opositora. Villa Clara. Pro Derechos Humanos Afiliado a la Habana. ´ 120. Isidoro Marrero Ferna´ ndez, Alianza Fundacion Andrei Sajarov, Alianza 92. Francisco Santiago Guerrero Gonza´ lez, Democra´ tica Oriental, Holguıń. Colegio de Pedagogos Independientes de Democra´ tica Oriental. ´ 149. Juan Miguel Gonza´ lez Marrero, Pre- Cuba, Hoguıń. 121. Ismael Bermudez Periche, Liliana Morfis Nu´ n˜ ez, Colegio de Pedagogos sidio Politico Pedro Luis Boitel, Partido Pro 93. Frank Reyes Lo´ pez, Presidio Polı´tico Derechos Humanos Afiliado a la Fundacio´ n Pedro Luis Boitel, Coalicio´ n Central Independientes de Cuba, Holgu´ in. ´ ´ Andrei Sajarov. Opositora. Villa Clara. 122. Ismael Fernandez Perez, Liliana Morfis ´ ˜ 150. Juan Miguel Martorell Leiva, 94. Froila´ n Guardado de la Torre, Partido Nunez, Colegio de Pedagogos Independientes ´ Sindicato Obrero Independiente Victoria, Cubano Demo´ crata Cristiano, Unidad de Cuba, Holguın. 123. lzmaris Salomo´ n Carcace´s, periodista Las Tunas Camagu¨ eyana de Derechos Humanos, independiente, Consejo de Relatores de 151. Juan Oriol Verdecia Evora, Partido pro Camagu¨ ey. Derechos Humanos Afiliado a la Fundacio´ n 95. Gaspar Batista Gonza´ lez, Partido Derechos Humanos, Ciudad de La Habana. 124. Jannis Alibet Marrero Morales, Andrei Sajarov. Holguıń. Cubano Demo´ crata Cristiano, Unidad Fundacio´ n Cubana de Derechos Humanos, 152. Juan Rafael Santiesteban Marrero, Camagu¨ eyana de Derechos Humanos, Consejo de Relatores de Derechos Humanos Liliana Morfis Nu´ n˜ ez, Colegio de Pedagogos Camagu¨ ey. de Cuba, Holguıń. Independientes de Cuba; Holguıń. 96. George Perdigo´ n Brito, Presidio 125. Janny Morales Herna´ ndez, Partido Pro 153. Juan Ramo´ n Rivero Despaigne, Polı´tico Pedro Luis Boitel, Coalicio´ n Central Derechos Humanos Afiliado a la Fundacio´ n Movimiento Cubano de Jo´ venes por la Opositora. Sancti Spiritus. Andrei Sajarov, Alianza Democra´ tica Ori- Democracia, Santiago de Cuba. 97. Gerardo Leiva Hidalgo, Partido por ental, Holguıń. 154. Juan Sacarias Verdecia, Alianza Derechos Humanos Afiliado a la Fundacio´ n 126. Jesu´ s Cordero Sua´ rez, Conductores de Democratica Oriental. Andrei Sajarov, Alianza Democra´ tica Ori- ´ ´ Bicitaxis, Ciudad de La Habana. 155. Julian Enrique Martinez Baez, ´ ental, Holguın. 127. Jorge Alberto Rusta´ n Hinojosa, Secretario General del Partido Pro Derechos ´ ´ ´ 98. Gerardo Paez Dıaz, Partido Accion Partido Cubano Demo´ crata Cristiano, Humanos de Cuba afiliado a la Fundacio´ n ´ Consultadora Democratica, Provincia Unidad Camagu¨ eyana de Derechos Humanos, Andrei Sajarov, Provincia Habana. Habana. Camagu¨ ey. 156. Julio Arsemio Zaldivar de la Torre, ´ 99. Geraudis Palacio Esposito, Partido por 128. Jorge Corrales Ceballos, Movimiento Liliana Morfis Nu´ n˜ ez, Colegio de Pedagogos ´ Derechos Humanos Afiliado a la Fundacion Cubano de Jo´ venes por la Democracia, Independientes de Cuba, Holguıń ´ Andrei Sajarov, Alianza Democratica Ori- Alianza Democra´ tica Oriental, Guanta´ namo. 157. Julio Pen˜ a Martinez, Movimiento ental, Holguıń. 129. Jorge Gonza´ lez Va´ lazquez, Movimiento Cristiano de Cuba, Holguıń. 100. Gertrudis Ojeda Sua´ rez, Movimiento Cristiano de Cuba, Holguıń. 158. Julio Romero Mun˜ oz, Movimiento Feminista por los Derechos Civiles Rosa 130. Jorge Luis Garcia Pe´rez ‘‘Antu´ nez’’, Solidario Expresio´ n Libre, Unidad Parks. Holguıń. Presidio Politico Pedro Luis Boitel, Camagu¨ eyana de Derechos Humanos, 101. Guillermo del Sol Pe´rez, Presidio Coalicio´ n Central Opositora. Villa Clara. Camagu¨ ey. Polı´tico Pedro Luis Boitel, Coalicio´ n Central 131. Jorge Luis Gonza´ lez Rodriguez, 159. Julio Sarmiento Pineda, Partido Opositora. Villa Clara. Movimiento de Resistencia Civica Pedro Democra´ tico 30 de Noviembre Frank Pais, 102. Guillermo Farin˜ as Herna´ ndez, Luis Boitel, Consejo de Relatores de Manzanillo, Granma. Cubanaca´ n Press, Coalicio´ n Central Derechos Humanos de Cuba, Holguıń. 160. Karel Caballero Pimentel, Partido Opositora. Villa Clara. 132. Jorge Luis Ortiz Tamayo, Fundacio´ n Cubano Demo´ crata Cristiano, Unidad 103. Guillermo Figueredo Rivero, Sindicato Cubana de Derechos Humanos, Consejo de Camagu¨ eyana de Derechos Humanos, Obrero Independiente Victoria, Las Tunas. Relatores de Derechos Humanos de Cuba, Camagu¨ ey. 104. Guillermo Pe´rez Yera, Presidio Holguıń. 161. Kenia Sa´ nchez Ramayo, Colegio de Polı´tico Pedro Luis Boitel, Coalicio´ n Central 133. Jorge Luis Rivas Marin, Movimiento Pedagogos Independientes de Cuba, Holguıń. Opositora. Villa Clara. Cubano de Jo´ venes por la Democracia, 162. La´ zara Ba´ rbara Cendin˜ a Recarte, 105. Gustavo Quintana Rodrı´guez, Holguıń. Consejo de Relatores de Derechos Humanos Movimiento Cristiano de Cuba, Holguıń. 134. Jorge Luis Santiesteban Rode´, Colegio de Cuba, Ciudad de La Habana 106. Hećtor Lo´ pez Pe´rez, Movimiento de Pedagogos Independientes de Cuba, 163. Leonardo Ferna´ ndez Cutin˜ o, Cubano de Jo´ venes por la Democracia, Holguıń Movimiento 10 de diciembre, Unidad Guanta´ namo. 135. Jorge Toledo Figueroa, Partido Liberal Camagu¨ eyana de Derechos Humanos, 107. Heriberto Santorio Leiva, Alianza de Cuba, Coalicio´ n Central Opositora. Camagu¨ ey. Democra´ tica Oriental. 136. Jose´ Avalos Perez, Director de la 164. Leonardo Morejo´ n Sorra, Partido 108. Higiniio Gonza´ lz Rodrı´guez, Biblioteca Independiente ‘‘Henry Reever’’, Cubano Demo´ crata Cristiano, Unidad Movimiento de Resistencia Cı´vica Pedro Ciudad de La Habana. Camagu¨ eyana de Derechos Humanos, Luis Boitel, Consejo de Relatores de 137. Jose´ Fe´lix Rodriguez Rodriguez, Camagu¨ ey. Derechos Humanos de Cuba, Holguıń. Confederacio´ n Obrera Nacional 165. Leticia Ramos Herrerıá, Consejo de 109. Hugo Damia´ n Prieto Blanco, Consejo Independiente, Pinar del Rio. Relatores de Derechos Humanos, de Relatores de Derechos Humanos de Cuba, 138. Jose´ Herna´ ndez Lo´ pez, Consejo de Movimiento Femenino Martha Abreu, Ciudad de La Habana. Relatores de Derechos Humanos de Cuba, Matanzas.

VerDate Nov 24 2008 06:51 May 21, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.085 H20MYPT1 jbell on PROD1PC69 with HOUSE H5870 CONGRESSIONAL RECORD — HOUSE May 20, 2009 166. Libertad Acosta Dıáz, esposa del ex 196. Mariano Herna´ ndez Creag, Movimiento 227. Pedro Enrique Martıńez Machado, prisionero polı´tico y de conciencia Bernardo Cubano de Jo´ venes por la Democracia, Consejo de Relatores de Derechos Humanos Are´valo Padro´ n, Cienfuegos. Guanta´ namo. de Cuba, Santiago de Cuba. 167. Liliana Bencomo Meneńdez, Partido 197. Mariano Vera Espinosa, Movimiento 228. Pedro Gonza´ lez Rodrı´guez, Movimiento Cubano Demo´ crata Cristiano, Unidad Cristiano de Cuba, Holguıń. de Resistencia Cı´vica Pedro Luis Boitel, Camagu¨ eyana de Derechos Humanos, 198. Mario Camoira Aguilera, Partido Pro Consejo de Relatores de Derechos Humanos Camagu¨ ey. Derechos Humanos Afiliado a la Fundacio´ n de Cuba, Holguıń. 168. Liliana Morfis Nu´ n˜ ez, Colegio de Andrei Sajarov, Alianza Democra´ tica Ori- 229. Pedro Luis Olivera Martıńez, Partido Pedagogos Independientes de Cuba, Hoguıń. ental, Holguıń. Cubano Demo´ crata Cristiano, Unidad 169. Liliana Morfis Nu´ n˜ ez, Colegio de 199. Mario Hechavarria Driggs, periodista Camagu¨ eyana de Derechos Humanos, Pedagogos Independientes de Cuba, Holguıń. independiente, Ciudad de La Habana. Camagu¨ ey. 170. Lisandra Domı´bguez Mora, 200. Maritza Ross Morrieta, Colegio de 230. Pedro Maga Zaldı´var, Colegio de Movimiento Cristiano de Cuba, Holguıń. Pedagogos Independientes de Cuba, Holguıń. Pedagogos Independientes de Cuba, Holguıń. 171. Lissete Zamora Carrandi, periodista 201. Marlene Bermu´ dez Sardin˜ as, Asamblea 231. Prudencio Na´ poles Hidalgo, independiente, Coalicio´ n Central Opositora, para Promover la Sociedad Civil en Cuba, Fraternidad de Ciegos Independientes de Villa Clara. Bibliotecas Independientes, Camagu¨ ey. Cuba, Ciego de Avila. ´ 172. Lizardo Vargas Gonza´ lez, Movimiento 202. Marlon Guillermo Martorell Quin˜ onez, 232. Quirenia Cossıo Fonseca, Movimiento ´ Cristiano de Cuba, Holguıń. Colegio de Pedagogos Independientes de Cubano de Jovenes por la Democracia, 173. Loreto Herna´ ndez Garcıá, Presidio Cuba, Sindicato Obrero Independiente Vic- Santiago de Cuba. 233. Rafael Meneses Pupo, prisionero Polı´tico Pedro Luis Boitel, Coalicio´ n Central toria, Holguıń. ´ ´ Opositora. Villa Clara. 203. Marta Dıáz Rondo´ n, Movimiento polıtico, Presidio Polıtico Pedro Luis Boitel. 234. Rafael Santiesteban Marrero, Partido 174. Luciano Vera Leiva, Movimiento Feminista por los Derechos Civiles Rosa Pro Derechos Humanos Afiliado a la Cristiano de Cuba, Holguıń. Parks, Alianza Democratica Oriental. ´ Fundacio´ n Andrei Sajarov, Alianza 175. Luis Gonzalez Medina, Partido pro Holguıń. Democra´ tica Oriental, Holguıń. Derechos Humanos de Cuba afiliado a la 204. Mayelıń Meńdez Rivas, Sindicato Fundacio´ n Andrei Sajarov, Provincia 235. Ramo´ n Reyes Orama, Presidio Polı´tico Obrero Independiente Victoria, Las Tunas. Pedro Luis Boitel, Alianza Democra´ tica Habana. 205. Maylıń Katiusca Sa´ nchez Ramayo, ´ ´ Orienta, Holguıń. 176. Luis Julian Baez Sierra, Partido Liliana Morfis Nu´ n˜ ez, Colegio de Pedagogos Democra´ tico 30 de Noviembre Frank Paı´s, 236. Ramo´ na Sa´ nchez Ramı´rez, Movimiento Independientes de Cuba, Hoguıń. Cubano de Jo´ venes por la Democracia, Manzanillo, Granma 206. Mayra Morejo´ n, Partido por la Unidad 177. Luis Miguel Gonza´ lez Leiva, Partido Guanta´ namo. Democra´ tica Cristiana de Cuba, Consejo de Liberal de Cuba, Coalicio´ n Central 237. Rau´ l Borges Alvares, Partido por la Relatores de Derechos Humanos de Cuba, Opositora. Unidad Democra´ tica Cristiana de Cuba, Ciudad de La Habana 178. Luis Orlando Quintana Rodrı´guez, Consejo de Relatores de Derechos Humanos 207. Melba Santana Ariz, Dama de Blanco, Movimiento Cristiano de Cuba, Holguıń. de Cuba, Ciudad de La Habana. esposa del prisionero polı´tico Rodolfo 179. Luz Marıá Barcelo´ Padro´ n, Partido pro 238. Rau´ l Hipoli Leiva, Sindicato Obrero Domıńguez Batista, Las Tunas Derechos Humanos de Cuba afiliado a la Independiente Victoria, Las Tunas. 208. Mercedes Fresneda Castillo, Circulos ´ Fundacio´ n Andrei Sajarov, Provincia 239. Raul Hipoli Miranda, Sindicato Obrero Democra´ ticos Municipalistas, Partido por la Independiente Victoria, Las Tunas. Habana. ´ ´ ´ 180. Magaly Norvis Otero Sua´ rez, Unidad Democratica Cristiana de Cuba, Ciu- 240. Raul Luis Garcıa Tirado, Partido Lib- periodista independiente Agencia ALAS, Ciu- dad de La Habana. eral de Cuba. 209. Michel Oliva Lo´ pez, Plantados, 241. Rau´ l Luis Risco Pe´rez, ex prisionero dad de La Habana. ´ polı´tico, Presidio Polı´tico Pedro Luis Boitel, 181. Maikel Verdecia Torres, Fundacio´ n Coalicion Central Opositora. ´ Movimiento Solidario Expresio´ n Libre, Pinar Cubana de Derechos Humanos, Consejo de 210. Miguel Angel Lopez Herrera, ´ del Rio. Relatores de Derechos Humanos de Cuba, Movimiento Cubano de Jovenes por la ´ 242. Rau´ l Meneńdez Martıńez, ex prisionero Holguıń. Democracia, Guantanamo. polı´tico del Presidio Polı´tico Histo´ rico, Villa 182. Maiky Martorell Mayans, Sindicato 211. Miguel Carmenate Batista, Partido Liberal de Cuba. Clara. Obrero Independiente Victoria, Las Tunas. 243. Rau´ l Parada Ramı´rez, Centro de 183. Mailet Sierra Pupo, Colegio de 212. Miguel Lo´ pez Santos, Partido Informacio´ n Hablemos Press, Cienfuegos. ´ Democra´ tico 30 de Noviembre Frank Paı´s. Pedagogos Independientes de Cuba, Holguın. 244. Reina Luisa Tamayo Da´ nger, Dama de 184. Maite Verdecia Torres, Presidio Ciudad de La Habana. 213. Miguel Martorell Quin˜ ones, Sindicato Blanco, madre del prisionero polı´tico Or- Polı´tico Pedro Luis Boitel. ´ ´ Obrero Independiente Victoria, Las Tunas. lando Zapata Tamayo, Holguın. 185. Manuel Gonzalez Miranda, Movimiento 245. Reinaldo Cabalet Del Risco, Partido de Resistencia Civica Pedro Luis Boitel, 214. Milagros Rondo´ n Leiva, Fraternidad de Ciegos Independientes de Cuba, Ciego de Cubano Demo´ crata Cristiano, Unidad Consejo de Relatores de Derechos Humanos Camagu¨ eyana de Derechos Humanos, ´ Avila. de Cuba, Holguın. Camagu¨ ey. 186. Manuel Gonza´ lez Rodrı´guez, 215. Mildred Nohemı´ Sa´ nchez Infante, Movimiento Cubano de Jo´ venes por la 246. Reinaldo Rivera Fasli, Liliana Morfis Movimiento de Resistencia Cı´vica Pedro ´ ˜ Democracia, Holguıń. Nunez, Colegio de Pedagogos Independientes Luis Boitel, Consejo de Relatores de ´ 216. Milena Rodrı´guez Pelayo, Movimiento de Cuba, Hoguın. Derechos Humanos de Cuba, Holguıń. 247. Reinaldo Villafan˜ a Villavicencio, ´ ´ ´ Feminista por los Derechos Civiles Rosa 187. Manuel Martınez Leon, Cırculos Movimiento 24 de febrero, Unidad ´ Parks, Alianza Democra´ tica Oriental, Democraticos Municipalistas, Consejo de Camagu¨ eyana de Derechos Humanos, Holguıń. Relatores de Derechos Humanos de Cuba, ¨ 217. Nelson Ramo´ n Pen˜ a Camejo, Camaguey. Holguıń. 248. Ricardo Gonza´ lez Cendin˜ a, Consejo de Movimiento Cristiano de Cuba, Holguıń. 188. Marcelina Lara Morales, Consejo Relatores de Derechos Humanos de Cuba, Nacional por los Derechos Civiles, 218. Ne´stor Rodrı´guez Lobaina, Movı´miento ´ Ciudad de La Habana. Movimiento Feminista por los Derechos Cubano de Jovenes por la Democracia, 249. Ricardo Pupo Sierra, Plantados, ´ Civiles Rosa Parks, Coalicio´ n Central Alianza Democratica Oriental. Coalicio´ n Central Opositora, Cienfuegos. ´ ´ Opositora. Villa Clara. 219. Nestor Rodrıguez Lobaina, Movimiento 250. Roberto de Jesu´ s Guerra Pe´rez, Centro ´ 189. Marcos Antonio Fuster Ciguenza, Cubano de Jovenes por la Democracia, de Informacio´ n Hablemos Press, Ciudad de ´ ´ Movimiento Cubano de Jo´ vens por la Alianza Democratica Oriental, Guantanamo. La Habana. Democracia, Santiago de Cuba. 220. Niober Garcıá Fournier, Movimiento 251. Roberto Escalona Blanco, Fundacio´ n 190. Marcos Pupo Ramı´rez, Movimiento Cubano de Jo´ venes por la Democracia, Cubana de Derechos Humanos, Consejo de Cristiano de Cuba, Holguin. Guanta´ namo. Relatores de Derechos Humanos de Cuba, 191. Margarito Broche Espinosa, Consejo de 221. Noelia Pedraza Jimeńez, Consejo de Holguıń. Relatores de Derechos Humanos de Cuba, Realtores de Derechos Humanos de Cuba, 252. Roberto Marrero La Rosa, Partido Villa Clara. Dama de Blanco, Villa Clara. Cubano Demo´ crata Cristiano, Unidad 192. Maria de la Caridad Noa Gonzalez, 222. Norberto Go´ mez Paz, Sindicato Obrero Camagu¨ eyana de Derechos Humanos, Consejo de Relatores de Derechos Humanos Independiente Victoria, Las Tunas. Camagu¨ ey. de Cuba, Villa Clara. 223. Odalina Cruz Ricardo, Sindicato 253. Roberto Pupo Sierra, Partido Liberal 193. Maria Esther Blanco Aguirre, Dama de Obrero Independiente Victoria, Las Tunas. de Cuba, Coalicio´ n Central Opositora. Blanco, esposa del prisionero polı´tico 224. Orestes Rodrı´guez Bustamante, 254. Roberto Yoel Fonseca Rojo, Partido Pro´ spero Gainza Agu¨ ero, Holguıń. Corriente Martiana, Provincia Habana. Democra´ tico 30 de Noviembre Frank Pais, 194. Maria Lo´ pez Ba´ ez, Fotoreportera del 225. Osmani Cobas Rodrı´guez, Movimiento Manzanillo, Granma. Centro de Informacio´ n Hablemos Press, Ciu- Cubano de Jo´ venes por la Democracia, 255. Rodolfo Domıńguez Batista, prisionero dad de La Habana. Guanta´ namo. polı´tico y de conciencia, Las Tunas. 195. Maria Magdalena Moreno Cadenas, 226. Osvaldo Rams de la Cruz, Movimiento 256. Rodolfo Ramı´rez Cardoso, Movimiento Partido Democra´ tico 30 de Noviembre Frank Cubano de Jo´ venes por la Democracia, Lıńea Pacifica Democra´ tica, Ciudad de La Pais, Manzanillo, Granma. Santiago de Cuba. Habana.

VerDate Nov 24 2008 06:51 May 21, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.087 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5871 257. Rogelio Tavio Lo´ pez, Movimiento 284. Yamila Sofıá Saumell Naranjo, week, it’s important that we refocus on Cubano de Jo´ venes por la Democracia, Partido Democra´ tico 30 de Noviembre Frank the unique relationship the U.S. shares Guanta´ namo. Paı´s, Manzanillo, Granma. with the Nation of Israel. This year is ´ 258. Rogelio Tavio Ramırez, Movimiento 285. Yamisleidy Portilla Olivera, Partido the 61st anniversary of the State of Cubano de Jo´ venes por la Democracia, Cubano Demo´ crata Cristiano, Unidad Guanta´ namo. Camagu¨ eyana de Derechos Humanos, Israel. But 61 years of existence does 259. Rolando Rodrı´guez Lobaina, Camagu¨ ey. not mean that Israel no longer faces Movimiento Cubano de Jo´ venes por la 286. Yanoski Echevarrıá Rodrı´guez, Partido profound threats to its very survival. Democracia, Alianza Democratico Oriental, Cubano Demo´ crata Cristiano, Unidad Chief among those is the threat of a Guanta´ namo. Camagu¨ eyana de Derechos Humanos, nuclear-armed Iran and Iran’s con- 260. Rosaida Ramı´rez Matos, Movimiento Camagu¨ ey. tinuing aggressive stance towards Cubano de Jo´ venes por la Democracia, 287. Yoan Alexis Mir Torres, Colegio de Israel in the region. Guanta´ namo. Pedagogos Independientes de Cuba, Holguıń. 261. Rosina Gonza´ lez Cruz, Partido Cubano 288. Yoan Alexis Mis Torres, Partido Pro b 1900 Demo´ crata Cristiano, Unidad Camagu¨ eyana Derechos Humanos Afiliado a la Fundacio´ n Making matters even more urgent, ´ de Derechos Humanos, Camagu¨ ey. Andrei Sajarov, Alianza Democratica Ori- Iran announced today that it has suc- 262. Rubeń Ignacio Nu´ n˜ ez San Miguel, ental, Holguıń. Partido Democra´ tico 30 de Noviembre Frank 289. Yoandri Naoski Ricardo Mir, Presidio cessfully test-fired a missile that is ca- Paı´s, Manzanillo, Granma. Polı´tico Pedro Luis Boitel, Holguıń. pable of striking Israel in addition to 263. Ruperto Pe´rez Zayas, Partido Cubano 290. Yoandris Beltra´ n Gamboa, Movimiento U.S. military installations in the Mid- Demo´ crata Cristiano, Unidad Camagu¨ eyana Cubano de Jo´ venes por la Democracia, dle East and parts of Southeastern Eu- de Derechos Humanos, Camagu¨ ey. Guanta´ namo. rope. With his typical rhetorical ham- 264. Sahilı´ Navarro Alvarez, Dama de Blan- 291. Yoandris Dura´ n Sa´ nchez, Movimiento mer and anvil, Iranian President co, hija del prisionero polı´tico Fe´lix Navarro Cubano de Jo´ venes por la Democracia, Mahmoud Ahmadinejad said that with ´ Holguıń. Rodrıguez, Matanzas. today’s missile launch, Iran is sending 265. Sandra Guerra Pe´rez, Centro de 292. Yorda´ n Vela´ zquez Rodrı´guez, informacio´ n Hablemos Press, Provincia Movimiento Cristiano de Cuba, Holguıń. a strong message on the nuclear front: Habana. 293. Yorkis Rodrı´guez Domıńguez, ‘‘Today the Republic of Iran is running 266. Sandra Rey Moreno, Movimiento Movimiento Cristiano de Cuba, Holguıń. the show.’’ Feminista por los Derechos Civiles Rosa 294. Yorledis Duvalo´ n Guivert Ortiz, While I doubt that this is the case, it Parks, Coalicio´ n Central Opositora, Villa Movimiento Cubano de Jo´ venes por la is increasingly clear that Iran relishes Clara. Democracia, Santiago de Cuba. its role as Middle East troublemaker 267. Santa Lilia´ n Rodrı´guez Rodrı´guez, 295. Yudalmis Ferna´ ndez Martıńez, Consejo and is nowhere near giving up its trou- Movimiento de Resistencia Cı´vica Pedro de Relatores de Derechos Humanos de Cuba, bling belligerent stance toward our Cı´rculos Democra´ ticos Municipalistas, Luis Boitel, Consejo de Relatores de Israeli allies. Yet despite the threats Derechos Humanos de Cuba, Holguıń. Matanzas. 268. Santos Alberto Escalona Blanco, 296. Yudelmis Fonseca Rondo´ n, and instability that proliferate in the Fundacio´ n Cubana de Derechos Humanos, Movimiento Feminista por los Derechos Middle East, Israel has proven to be a Consejo de Relatores de Derechos Humanos Civiles Rosa Parks, Holguıń. steadfast ally to the U.S. and a model de Cuba, Holguıń. 297. Yudisleidis Saavedra Sa´ nchez, of a free and open democratic state in 269. Segundo Rey Cabrera Gonza´ lez, Comite´ Movimiento Cubano de Jo´ venes por la this troubled region. Since the time of Cubano Pro Derechos Humanos, Consejo de Democracia, Holguıń. its creation more than 60 years ago, ´ Relatores de Derechos Humanos de Cuba, 298. Yumisleidy Fonseca Rondon, Israel has served as an example of de- Fundacio´ n Cubana de Derechos Humanos, Sancti Spiritus. mocracy and equal rights for her neigh- 270. Solıćito Mena Contreras, Presidio Consejo de Relatores de Derechos Humanos Polı´tico Pedro Luis Boitel, Coalicio´ n Central de Cuba, Holguıń. bors. Israel has also proved to be a Opositora, Villa Clara. 299. Yunieski Garcıá Lo´ pez, Presidio steadfast ally to the United States in a 271. Sonia Alvarez Campillo, Dama de Polı´tico Pedro Luis Boitel, Coalicio´ n Central variety of ways, particularly within Blanco, esposa del prisionero polı´tico Fe´lix Opositora, Villa Clara. our country’s diplomatic efforts in the Navarro Rodrı´guez, Matanzas. 300. Yurisander Go´ mez Herna´ ndez, Middle East. 272. Tamara Carmenate Betancourt, Movimiento Cristiano de Cuba, Holguıń. Since its founding in 1948, the State Partido Cubano Demo´ crata Cristiano, f of Israel has served as a democratic an- Unidad Camagu¨ eyana de Derechos Humanos, The SPEAKER pro tempore. Under a chor in the Middle East. Like the Camagu¨ ey. previous order of the House, the gen- United States, the Israeli Declaration 273. Tania Maseda Guerra, Consejo de Relatores de Derechos Humanos de Cuba, tleman from Indiana (Mr. BURTON) is of Independence protects freedom of Ciudad de La Habana. recognized for 5 minutes. speech, freedom of religion, a free 274. Tatiana Murillo Guerra, Partido (Mr. BURTON of Indiana addressed press, free elections and many other te- Democra´ tico 30 de Noviembre Frank Paı´s, the House. His remarks will appear nets of a free society. Israel established Manzanillo, Granma. hereafter in the Extensions of Re- a democracy in the midst of a politi- 275. Tatiana Parra Pe´rez, Liliana Morfis marks.) cally tumultuous region and by guar- Nu´ n˜ ez, Colegio de Pedagogos Independientes f anteeing the basic rights of her citi- de Cuba, Hoguıń. zens, sets herself apart from her au- 276. Teo´ filo Alvarez Gil, Cı´rculos MESSAGE FROM THE SENATE Democra´ ticos Municipalistas, Fundacio´ n thoritarian neighbors. Israel prides Cubana de Derechos Humanos, Camagu¨ ey. A message from the Senate by Ms. herself on women’s rights and equal 277. Vıćtor Kindela´ n Sa´ nchez, Movimiento Curtis, one of its clerks, announced pay for women in the workforce. The Cubano de Jo´ venes por la Democracia, that the Senate agrees to the report of first female Prime Minister, Golda Holguıń. the committee of conference on the Meir, was elected in 1969, just 21 years 278. Virgilio Mantilla Arango, Fundacio´ n disagreeing votes of the two Houses on after the formation of modern Israel. Cubana de Derechos Humanos, Unidad the amendment of the House to the bill Women now serve as the Foreign Min- Camagu¨ eyana de Derechos Humanos, (S. 454) ‘‘An Act to improve the organi- ister, Speaker of the Knesset and Chief ¨ Camaguey. zation and procedures of the Depart- Justice of the Israeli Supreme Court. 279. William Alexis Reyes Mir, prisionero polı´tico, Presidio Polı´tico Pedro Luis Boitel. ment of Defense for the acquisition of Furthermore, Israel has recognized the 280. William Rodrı´guez Paredes, major weapon systems, and for other necessity of providing equal rights re- Movimiento 24 de febrero, Provincia Habana. purposes.’’. gardless of gender or race and deserves 281. Wladimir Aguilera Portelles, Partido f to be commended. Pro Derechos Humanos Afiliado a la Not only is Israel an example for her Fundacio´ n Andrei Sajarov, Alianza ISRAEL REMAINS A KEY U.S. neighbor as a thriving democracy Democra´ tica Oriental, Holguıń. ALLY IN THE MIDDLE EAST where citizens’ rights are protected 282. Wladimir Hall de la Torre, Partido Pro The SPEAKER pro tempore. Under a through the rule of law, she has also ´ Derechos Humanos Afiliado a la Fundacion previous order of the House, the gentle- been an avid supporter in the global Andrei Sajarov, Alianza Democra´ tica Ori- ental, Holguıń. woman from North Carolina (Ms. FOXX) war on terror. The U.S. and Israel are 283. Yaite´ Dianellis Cruz Sosa, Movimiento is recognized for 5 minutes. continually working together to de- Feminista por los Derechos Civiles Rosa Ms. FOXX. With Prime Minister Ben- velop sophisticated military tech- Parks. jamin Netanyahu in Washington this nology and improve Israel’s defense

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.088 H20MYPT1 jbell on PROD1PC69 with HOUSE H5872 CONGRESSIONAL RECORD — HOUSE May 20, 2009 systems and soldier protection. In the that will break from traditional de- manufacturers are American-owned, interest of global freedom, I hope and pendency on fossil-based fuels and that should inspire us. am confident that this friendship will allow us to move forward in a way that I will now yield to my good friend continue in the future. addresses green jobs for a green econ- and colleague, the gentleman from New York, Representative MASSA, who is a f omy, American-produced power to run our factories, our farms, our homes, strong and outspoken voice on energy The SPEAKER pro tempore. Under a the institutions that are important to reform, on green jobs, on a green econ- previous order of the House, the gen- us. omy. He has a message that he’ll share tleman from Texas (Mr. PAUL) is recog- When we look at the opportunities, this evening. nized for 5 minutes. there are many. There are projections Mr. MASSA. I thank my colleague (Mr. PAUL addressed the House. His that some 5 million additional clean from the State of New York, my neigh- remarks will appear hereafter in the energy jobs could be created if just 25 bor just slightly to the east, and rise Extensions of Remarks.) percent of our electricity and our vehi- today to discuss from several new per- f cle fuels are produced from renewable spectives why it is, frankly, so criti- The SPEAKER pro tempore. Under a resources by the year 2025. That’s a cally important that we get energy leg- previous order of the House, the gen- staggering statistic. Those are dollars islation correct as we move boldly into tleman from Virginia (Mr. WOLF) is that, when invested, will produce these the 21st century. recognized for 5 minutes. 5 million jobs that will allow us to Just a short election season ago, this (Mr. WOLF addressed the House. His grow a cleaner environment, address Nation was assaulted with a message remarks will appear hereafter in the favorably the carbon footprint and re- from one side of the aisle that rang like a motto. It repeated itself over and Extensions of Remarks.) spond to the pressures of global warm- over and over again on the floor of this ing. It allows us also to embrace the in- f House and, frankly, in the living room tellect of this Nation, that intellectual The SPEAKER pro tempore. Under a of every American family, often intru- capacity represented through our many previous order of the House, the gen- sively during dinner hour, where we academic centers and our private sec- tleman from Michigan (Mr. MCCOTTER) heard, Drill here, drill now, pay less. is recognized for 5 minutes. tor R&D centers, which are tools that How empty today those words ring. In can really retrofit this economy, that (Mr. MCCOTTER addressed the fact, after the price of crude oil has House. His remarks will appear here- can allow us to grow in ways that are tumbled from its height of almost $140 after in the Extensions of Remarks.) measured in green terms for jobs and a barrel, bottoming to somewhere near green opportunities for energy sup- f the low thirties without the new drill- plies. ing of a single well, we ask ourselves GREEN ENERGY AS A SOLUTION Now we know that the unemploy- the question, how empty that slogan TO OUR MANY CRISES ment rate, which was inherited by this was. administration, which has grown and is The SPEAKER pro tempore. Under And so we rise as we build a new na- going to be resolved, we believe, with tional energy policy, one based on the Speaker’s announced policy of Jan- several reforms, is something that can uary 6, 2009, the gentleman from New thoughtfulness, one based on science, be addressed through those sorts of one based on economic reality and not York (Mr. TONKO) is recognized for 60 jobs that are not yet on the radar minutes as the designee of the major- on sloganeering. So while I ran to be- screen. We need to also think of inter- come a Member of this House, moti- ity leader. national competition. If I could, I vated by such things as health care and GENERAL LEAVE would take this discussion back dec- an economic recovery, I have now be- Mr. TONKO. Mr. Speaker, I ask unan- ades where many of us as youngsters, come a very, very aggressive individual imous consent that all Members may perhaps in an elementary classroom on this issue, looking at the absolute have 5 legislative days in which to re- setting, heard about the race, the race need to get this right. The first step I vise and extend their remarks and infor Sputnik. We were certain that took as I approached my job was to go clude extraneous material on the sub- math and science was important in to the only hydrogen fuel cell propul- ject of my Special Order. that classroom and that this competi- sion research and development system The SPEAKER pro tempore. Is there tive race, this international race had and center in the United States, lo- objection to the request of the gen- to be won by the United States because cated in Upstate New York in Honeoye tleman from New York? it was going to set in the forefront, it Falls, where to my astonishment as an There was no objection. was going to make the premier nation engineer lifelong and a graduate of an Mr. TONKO. Thank you, Mr. Speak- that nation that won that race. engineering school, I saw the applica- er. Well, we know what history dictated tion of science. They took us not into The crises facing our government and via investments on the space race and science fiction but into science reality our country are broad in range. We are putting a man on the Moon and cre- there in Honeoye Falls, working tire- faced with an energy crisis, an eco- ating technology that really inspired lessly for the last several decades, hav- nomic crisis, an environmental crisis job growth and really pumped this ing taken engineering work that had and certainly an unemployment crisis. economy to a high level. That same been done out west 25 years ago and President Obama, in his boldness of vi- sort of situation decades later now is propelled us from the NASA Apollo sion throughout the campaign for existing in terms of a competitive race program into the reality of some 116 re- President and certainly in the infancy to be the energy nation, the nation ality-based automobiles. I had the op- stages of his presidency, has made it that will export the intellect and the portunity to drive one of them, actu- very clear that he wants to deliver to ideas and the innovation in a way that ally two, from Honeoye Falls all the the American public this new vision of will be a masterful response to the sev- way here to report for my first day. how to resolve many of these crises in eral crises that we try to resolve. We This was like driving an Apollo space- one fell swoop. It is important to rec- can do that by emerging the winner in craft. My eyes were opened to the fact ognize that we, as an American econ- this race. that we were on the verge of a great in- omy, are heavily dependent upon fossil- When we look at the fact that China dustrial revolution, and we are at this based fuels. It is important for us to is now the number one producer of moment leading the world. But if we recognize that some 60 percent of the solar panels in the world, that should listen to sloganeering, if we listen to oil on which we depend is imported challenge our thinking and our re- the naysayers, if we allow the argu- from some of the most troubled spots sponse as a government. When we ment to be shaped by narrow special in the world. We move forward here as think of the fact that Germany’s num- interests, we will never, ever cross the we try to resolve our crises in a way ber two export, after automobiles, is threshold of economic and industrial that’s creative and innovative and in- that of wind turbines, that should chal- greatness that these and other tech- spiring. It will require consumer behav- lenge and inspire us. And when we nologies put in front of us. It’s not just ioral change, and it will require invest- think of the fact that only six of the the fact that we have to get it right be- ments. It will require policy formats top 30 solar wind and advanced battery cause we need to rebuild an economy

VerDate Nov 24 2008 06:04 May 21, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.123 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5873 based on 21st century jobs, it’s not just that great deep and beautiful Finger LIE RANGEL, and many, many other the fact that we believe as a caucus Lake in Upstate New York, every year leaders who are making their voices and myself personally that our impact we run something called the Green heard and helping construct the right on this world, through the burning of Grand Prix. I’m sure you would love to outcome here. fossil fuels, is actually changing our be a participant in it. It is a road race, The jobs of which my colleague and climate, but it is also coming from the or a road rally, where navigation is im- friend, Representative MASSA, just fact that I am a 24-year military vet- portant. I must confess that more than made mention, offer four times greater eran who realizes the vast and dra- once I made a wrong turn. But I made job creation than an investment, dollar matic expenses that we are committing a wrong turn in a vehicle this year, as for dollar, in oil and gas. And we cer- in our military just to secure an ever- I did last year, powered not by im- tainly in New York State, as col- increasing and yet rarely obtainable ported, foreign, distilled gasoline but leagues from that New York delega- source of overseas fossil fuel. rather by alternative fuels. We had eth- tion, can attest to the projections that Imagine, if you will, if we were not anol-powered vehicles. We had steam- are made for the New York economy, held hostage to the noose of Middle powered vehicles. We had solar-pow- over 130,000, nearly 132,000 clean energy East oil. Imagine the trillions of dol- ered vehicles, hydrogen-powered cars. jobs at a time when our unemployment lars of resources that we would not be And this year I drove a Ford F–150 statistics are perhaps beyond 8 percent. expending in the protection of, the ex- modified at a dealership in Elmira, We can see flowing into the New York traction of and the transportation of New York, once a bustling hub of State economy as much as $20 billion. oil sources from the very nations who heavy manufacturing, to accept a deal- And our taxpayers in New York State use the money that we pay to feed our er-approved kit that allowed this heavy pay some $2.8 billion, it is calculated, enemies and their hostile intent truck to be powered by propane with to pay subsidies for big oil companies, against us. This must be broken, and some 350 miles per filling at one-third and certainly those gasoline corpora- nowhere is that future clearer than of the cost of gasoline. This was a tech- tions out there that are draining our right in Upstate New York. I know that nology that was unbeknownst to me, economy. We hear this discussion my colleague, with his career in inno- one that Ford Motor Company, in engi- about, it is a tax, it is a tax that is vative engineering where he took his neering innovation, has now authorized coming, that is befalling. Well, $400 bil- leadership to the New York State En- several dealerships around the United lion is the savings, that is a tax, call it ergy Development Agency that has pio- States to install without even voiding whatever you want, that we are paying neered so much of the technology we their basic engine warranties. now to Venezuela and Middle East need to move forward, agrees and un- We have an abundance of propane in countries for every annual installment derstands with what we can do to- rural New York. This is an alternative that we make in foreign energy im- gether standing as a Nation instead of fuel that helps us break the cycle of de- ports. That is a huge price tag that listening to well-crafted and, frankly, pendence on foreign oil, and for pennies could be avoided. crafty sloganeering. on the dollar, for a mere tax break, to When we look at the potential out So I rise with my colleague today to those who invest in this technology, it there in R&D investment that could be put an exclamation point at the very becomes competitive and real. And not part of this great energy resource, it is end of the reality that we must move only do those automobiles, those limitless in terms of our academic in- ahead to get this right. I agree with trucks, then get sold, but the individ- stitutions and our private sector part- the President’s vision for a future. I uals who modify those trucks have nerships out there. We can make this agree with our caucuses that we need jobs. The dealerships that sell these ve- happen. We need to be innovative. We to move boldly into the future with an hicles to the public have jobs. The indi- need to think outside the barrel. And economically viable, science-based, viduals who use them have extra we need to move forward in a progres- thoughtful energy plan that breaks money in their back pocket because sive fashion. this ridiculous stranglehold that for- they are not paying these overseas for- I yield to my colleague from New eign oil has on us. It’s not just a mat- eign fuel providers. York, ERIC MASSA. I yield to you, sir, ter of drill here, drill now, pay less. We It is not just hydrogen or propane. It to continue the discussion. have grown beyond that sloganeering. is the entire menu of alternative fuels Mr. MASSA. Thank you, Mr. TONKO. Mr. TONKO. Thank you. I reclaim and alternative electrical capability And I have to tell you, you used two the time, Mr. Speaker. that we need to put on the table. And turns of a phrase that I thought were I, with curiosity, listened to Rep- I will tell you what, if we can spend particularly appropriate. You talked resentative MASSA from New York. As $700 billion, a move, by the way, I op- about energy flowing. We come from a a fellow colleague from New York posed, bailing out banks who don’t put part of the world that pioneered cheap State, I think of the impacts we can a penny of that back in the consumer’s electricity. And we did it through one make in just New York alone. And pocket through alternative credit of the largest and one of the first great when we then extrapolate that over the sources, we can certainly fund the sin- hydropower facilities in the world, cap- map of the United States, what a pow- gle most important national security turing the hydro energy of Niagara erful statement. requirement we have before this Nation Falls. And western New York, the great today. And that is to get an energy pol- industrial cities of Buffalo, Rochester b 1915 icy that is science-based and thought- and Syracuse benefited thereby. This He’s right, that with this grip on our ful. was 100 years ago. Now we must look economy that was allowed to grow just Mr. TONKO. I couldn’t agree more. 100 years into the future. And you are through the Presidential tenure of And all while we speak, we need to rec- right to say we need to think ‘‘outside President Bush, $1,100 more per year ognize that China is investing $12.6 the barrel’’ because unfortunately was demanded of our American fami- million in its economy for green en- what we will hear in the coming debate lies for that dependency on oil, gas and ergy technology every hour. Now, that is the demonization of the individuals electricity. We can go forward and in- is a challenge to us. We can stand still making the argument and not the spire this green innovation of an econ- and watch the emerging powers of en- thoughtful discussion of the policy. I omy. The green thinking that we can ergy out there as a nation, be it China fear that we will become, once again, embrace can allow dollar for dollar to or Japan or India or you name the held hostage to the economic and en- be a much more lucrative outcome. country, or we can make a plan and ergy sloganeering that will make it so Four times as many jobs, would be cre- implement a plan and move forward ac- difficult for the American people to un- ated. cordingly. derstand that doing nothing is moving Mr. MASSA. Would my colleague The President understands this is so backwards, that doing nothing is sur- yield on that point? critical to resolving so many of the cri- rendering without a new idea to the Mr. TONKO. Sure. Sure. ses we mentioned earlier. Speaker forces of Big Oil who so clearly ripped Mr. MASSA. I would like to pick up PELOSI and the leadership of this off from the American public trillions a very critical point my colleague just House, Energy and Commerce Chair of dollars just this time last year as made about jobs. Around Lake Seneca, WAXMAN, Ways and Means Chair CHAR- gasoline shot up to over $4 a gallon

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.128 H20MYPT1 jbell on PROD1PC69 with HOUSE H5874 CONGRESSIONAL RECORD — HOUSE May 20, 2009 with no real economic excuse other our factories, our industries, our farms working as ESCOs, the Energy Services than gross corporate profiteering. and our homes. That potential exists Companies, that were helping in this We cannot continue to be held hos- today. It is underutilized. We need to effort to change things at these given tage by the annual cycle of unex- see energy efficiency as our fuel of dairy farms. The result was remark- plained gasoline price increases and choice. We need to address it just like ably strong. gasoline price fluctuations. And the we would any other source of fuel, to That is the sort of real-life experi- only way that we are going to reclaim use it as we would mine coal or drill for ence that we ought to apply to our pol- our own energy future is by looking be- oil, we need to mine and drill energy icy creation and innovation and to our yond the slogans of the other side in a efficiency as that outcome that will resource dedication that comes thoughtful, science-based, economi- address the demand side of the equa- through the budgets that we will deal cally proven capability to explore all tion. Both supply and demand need to with here in Washington. It is a great the new sources of alternative energies, be addressed by this innovation econ- opportunity for us to respond in an in- not just for automotive propulsion, but omy. novative way, responding to challenges also for fundamental electrical genera- I believe that through the leadership of several crises out there and allowing tion. of the President and certainly Speaker us to emerge very strong in that out- So thank you to my colleague from PELOSI and others that I have made come. New York for allowing me the oppor- mention of, we can go forward with the So it is about green power. It is about tunity tonight to raise some key issues soundness of an agenda that will really green jobs. It is about Americans pro- that this issue is not only about en- spark the kind of creative genius that ducing for their needs, and it is allow- ergy. It is about national security. It is speaks to the pioneer spirit that has al- ing our industries to be all the more not only about energy. It is about job ways existed in this country. We need prosperous and all the more productive creation for the future. It is not only just to formulate the concepts that simply because we have given them a about energy. It is about using the re- will take us there. break in the energy area. sources that we have to ourselves in Just recently at GE’s R&D center in So with all of that being said, I en- the great American innovative manner Schenectady County, New York, GE courage us to look strongly at the op- that has always persevered in the face announced its intentions to now move portunities that exist today in this of challenge instead of surrendering to to an advanced battery technology given Chamber that will allow us to go the foreign economies who, like they that will create somewhere between 350 forward in progressive fashion. And we have been doing so aggressively lately, and 400 manufacturing jobs that will be will be able to look back and say that are taking over economic sector after the key that unlocks the doors to gold- this was the generation that provided economic sector. This is a battle that en opportunity, or perhaps green op- that response that ignited this new en- we can win. This is one that we can put portunity. The battery situation, ergy thinking that really turned ‘‘Made in America’’ on for future gen- whether it is applied to transportation, around the American economy and has erations. And we can start right here, transportation of light vehicles or helped save the environment in a way right now, tonight, by committing our- heavy vehicles, energy, energy genera- that was immeasurably important to selves to thoughtful debate that raises tion, energy storage for intermittent coming generations. issues and not sloganeering. purposes or with transmission improve- Mr. CONNOLLY of Virginia. Mr. Speaker, I I yield back and thank my colleague ments that are being addressed by Su- rise to recognize the good works of the faith for the opportunity to join him in this perPower in Schenectady County community to protect the integrity of God’s great discussion. again, these are the formula outcomes creation. As a seminarian, I appreciate the ad- Mr. TONKO. Thank you to the Rep- that we need to promote and encour- vocacy of people of faith for protecting this resentative from New York, Represent- age. earth. ative MASSA. We can do it. We have this skill set The Catholic Climate Covenant has con- Let me reclaim my time, Mr. Speak- to do it as a Nation. We need to invest tacted me about the St. Francis Pledge to er. We have heard all of this talk about in green collar job opportunities. We Care for Creation and the Poor. Members of innovation economy. We have heard need to invest in R&D making certain the Covenant include Catholic Relief Services, about the gluttonous dependency we that research and development is part Catholic Charities USA, The Franciscan Action have as a Nation on energy, in this of that energy comeback. And we need Network, and the Association of Catholic Col- case, fossil-based fuels, 60 percent of to change our behavior in a way that leges and Universities. Religious charities are that need being met by imports from will produce this new golden oppor- on the front lines battling poverty around the some of the most troubled spots in the tunity for New Yorkers, in my case, world. Whether it is a church in Fairfax pro- world. We cannot continue along this and for Americans across the board. We viding housing to the homeless to prevent dangerous path. It is a rocky road that do have that potential, the immense hypothermia or an overseas mission to build needs to be addressed. potential. housing, members of faith-based charities The approach, I believe, comes from I saw also what happened when we have direct knowledge of the realities of pov- an investment in American jobs, a applied these retrofits for energy pur- erty around the world. green jobs agenda, growing a green en- poses, energy efficiency at dairy farms, The faith community is telling us that climate ergy transition that allows us to in- first in a demonstration project and change poses a dire threat to the world’s poor, spire an innovation economy. We do then across the board to some 70 farms whether they are residents of New Orleans, that with investments in R&D. While I where, as dairy farms, they are dealing Bangladesh, or coastal communities in the Mid served as president and CEO at with a perishable product. And where Atlantic. Based on the best available scientific NYSERDA, New York State Energy they are dealing with ebbs and flows of data, faith-based charities’ concerns are well Research and Development Authority, energy need, they cannot necessarily founded. Experts predict that rising sea levels I saw first hand up close and personal because of mother nature demands and and increased incidence of severe storms will just how it happened. We invested in dealing with off-peak situations. They create 100 million climate refugees in the next R&D. Not every one of those invest- can’t cleverly quite construct that out- hundred years. As former Virginia Senator ments might be a success story, but come. But what they can do is utilize John Warner noted in his testimony to the En- the prototypes that are developed and the resources of energy efficiency ergy and Commerce Committee, this volume funded then need to be addressed which was done through these dem- of refugees will strain our capacity to respond through additional funding that de- onstrations. And it was a success be- to national security threats. ploys that investment, that magic in cause a great deal of savings, 35 to 45 We can see these threats right here in the the research lab, into deployment into percent, was made available for these National Capital Region. Neighborhoods in manufacturing and then into the com- farms simply by addressing their de- Fairfax County like Huntington and Belleview mercial sector, utilizing these shelf- mand through energy retrofits that have experienced unprecedented flooding ready opportunities that are the were done in partnership with the local within the last five years. With their proximity emerging technologies to respond to utility, with the staff from Cornell to tidal reaches of the Potomac River, they are the needs of retrofitting energy effi- University, with the staff from threatened by rising sea levels. These older ciency mechanisms into our businesses, NYSERDA and certainly with groups neighborhoods are important because they

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A recent CRS memo notes that the acid would be important today to look a lit- from the minority party about the millions of rain reduction program has nearly one hun- tle bit at what do you do when you families that are endangered by climate dred percent compliance in pollution reduction have an adversary that has a missile, a change. Maybe they assume that these folks and has not experienced any problems with nuclear warhead, and a will to use it are politically powerless, that their loss of market manipulation. against you. homes, land, and livelihoods can be ignored Today, the minority party claims that we That was the question that was faced with impunity. But even if one is comfortable cannot afford to reduce greenhouse gas pollu- historically some years ago by Ronald with condemning millions of people to refugee tion because it will increase costs and hurt the Reagan. Up to that time, there had status, I would dispute the assumption that economy. We’ve heard all these arguments been a whole series of treaties and dif- such an approach has no financial impact on before, during the acid rain debate in 1990, ferent things had come along, and we the rest of us. Here in Northern Virginia, the and they have all been proven false. We have had gotten to the point where we said, Army Corps of Engineers is planning multi- saved money by cutting acid rain pollution, Well, they have got missiles; they can million dollar flood prevention systems for low- created clean energy jobs, improved public blow us up. We’ve got missiles; we lying neighborhoods. The cost of these sys- health, and achieved our goals of reducing could blow them up. And that would be tems will only rise with the level of the sea. pollution. Far from being a burden, reduction so crazy, we will have a Mexican stand- Senator Warner noted that we cannot ignore of acid rain pollution improved our quality of off. We will call it mutually assured de- refugees overseas lest we create conditions in life. struction. But that really was a very, which political organizations such as the Today we face a different threat: global very foolish idea. Taliban will thrive. warming pollution. Unlike in 1990, however, I’m joined tonight by one of the fore- The Catholic Climate Covenant and other we have a very successful model that we can most authorities in the U.S. Congress faith groups remind us that we have a moral follow. The American Clean Energy and Secu- on the subject of missile defense and responsibility to protect the world’s poor. That rity Act emulates many of the successful com- strategic missile defense, my good moral imperative coincides with self interest: If ponents of the acid rain reduction program, friend, Congressman FRANKs. And it’s a we do not arrest the rising concentration of and offers Congress a proven model of cost- treat to have you here on the floor, and greenhouse gasses in the atmosphere then effective pollution reduction. talk about a timely subject, Iran just we will saddle the next generation with ever- f having launched a missile. rising costs of dealing with climate change and And surprisingly, this has been a its human costs. Whether those costs come IRAN’S MISSILE TEST matter of a great deal of partisan divi- from floodwalls or humanitarian support for The SPEAKER pro tempore. Under sion and a lot of debate on this subject, refugees, we will not be able to avoid paying the Speaker’s announced policy of Jan- and if you could help us with a little the bill. We must act now to reduce green- uary 6, 2009, the gentleman from Mis- bit about the logic and the history. I house gas pollution—for the sake of millions souri (Mr. AKIN) is recognized for 60 would like to do the background on whose lives are tied up in the stability of our minutes as the designee of the minor- missile defense so we can understand climate and because inaction will create an in- ity leader. what is going on today in context. surmountable cost burden for the rest of us. Mr. AKIN. Thank you, Mr. Speaker. I would yield. Mr. Speaker, every challenge presents an It is a pleasure to be able to join you Mr. FRANKS of Arizona. I thank the opportunity. Sometimes the opportunities are this evening and my colleagues on a gentleman for yielding, and I appre- difficult to identify. As we attempt to reduce couple of very interesting topics. I ciate what you’re doing here tonight, global warming pollution, we are fortunate to think the first thing that we will talk Congressman AKIN. have many models from which we can learn. about is something that has been on Ever since mankind took up arms I would like to focus on the acid rain reduction the minds of people since this morning. against his fellow human beings, there program that we initiated under the Clean Air That was when we got an announce- has always been an offensive capability Act nearly 20 years ago. ment from Iran that they had just fired that essentially, in time, has been met During the 1960s and 1970s, sulphur diox- a missile some 1,200 miles. That is what with the defensive capability. And first ide pollution was poisoning rivers and streams they claimed. it was the sword or the spear and the across America while inflicting damage on in- shield, maybe, and then— 1930 frastructure and some of our most famous b Mr. AKIN. Or a rock and somebody public art. This pollution came from some of We don’t know the details. We’re had a shield to stop the rock or some- the same sources that are emitting global waiting for a brief on the Armed Serv- thing. So one offense, one defense. warming pollution, including coal-fired power ices Committee on exactly what it was I didn’t mean to interrupt. Go ahead. plants. In 1980, polluters released over 17 mil- that Iran did, the nature of the missile Mr. FRANKS of Arizona. When we lion tons of sulphur dioxide in the atmosphere. that they fired. But this is something came to having firearms and bullets, Since implementation of a cap and trade pro- that has captured the attention and we came to find armor and came up gram to reduce acid rain pollution, we have the concern of Americans because you with a tank, and it has been an ongoing eliminated 8.9 million tons of sulphur dioxide have coming together here a combina- back-and-forth for a long time. But pollution annually, a 50% cut. tion of three things that we find to be now that we face the most dangerous When Congress was considering capping of high level of concern. weapons in the history of humanity— acid rain pollution in 1990, polluters claimed The first is the ability to make these that being a nuclear warhead borne by that such a cap would drive up electricity long-range missiles; particularly, we’re an intercontinental ballistic missile prices and cripple the economy. In fact, the talking about solid fuel missiles that which can reach thousands of miles acid rain cap and trade program has saved have multiple stages. That allows a with accuracy—all of a sudden there $40 in costs for every dollar spent on pollution missile to go some considerable dis- became a debate whether we needed a controls. This 40–1 cost to benefit ratio saves tance and therefore target larger areas defense for something like that. Now, Americans $119 billion every year. Each dollar of the Earth’s surface. for a time, there wasn’t really the that we don’t have to spend on premature The second thing is nuclear energy. technological ability to defend against health problems or damaged infrastructure is That is a weaponized nuclear energy in something like that. another dollar saved or invested. Nor did the the form of a warhead. So now you And as you said, when the Soviets acid rain program hurt American energy pro- have a missile that can go some dis- had thousands of warheads and hun- duction. Coal companies installed scrubbers tance; it has a nuclear warhead on it. dreds of missiles that were capable of that remove sulphur dioxide as well as other That becomes extremely dangerous. destroying every city that we had that pollution like mercury. Installation of these And now when you add the third ele- was of any size, we had to come up with scrubbers created high paying jobs right here ment, that is radical Islam, to that, this equation to where they knew that in America, creating new sources of employ- people who think it is their destiny and if they attacked our cities and they

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\A20MY7.091 H20MYPT1 jbell on PROD1PC69 with HOUSE H5876 CONGRESSIONAL RECORD — HOUSE May 20, 2009 killed our women and children, that kept talking about it, but he actually Mr. AKIN. Wait, wait, wait. Reclaim- our missiles would leave almost short- didn’t build it, did he? ing my time. ly after theirs left the launching pad Mr. FRANKS of Arizona. The truth is What you just said is pretty impor- and they would suffer the same fate. that Ronald Reagan was, indeed, the tant. When Bush left office, the setup And it was such an unthinkable sce- father of modern missile defense. And was there was—we were going to build nario that there was this grim achieve- there is a great irony there because, a couple of sites. One was a radar site ment that said we will have mutually while we owe him everything, in a and one was an actual place to launch assured destruction and, therefore, sense, to where we are, he said, Isn’t it these ground-based missiles. The radar each will be afraid to launch against better to protect our citizens rather site, was that in Romania? the other. than to avenge them? And I thought Mr. FRANKS of Arizona. No. The In a sense, as frightening as it was, it that was the quote that, in my mind, radar site is in the Czech Republic. gave us a real tense time when we started it all out. That was the X–10 radar there, and could have a chance to feel relatively But the tragedy is that somehow now they went through tremendous polit- safe because we placed our safety in the modern-day liberals who disdain ical machinations to accomplish that their sanity, as they did with us. Ronald Reagan as much as they do, overcoming a 2–1 dissent among their Mr. AKIN. And just to reclaim my sometimes they are biased against mis- public. And yet they had the leadership time. sile defense simply because it was Ron- to say, This is important to us, this is I recall—and even that was a very ald Reagan’s idea. And we don’t discuss important to the world, and we’re troublesome kind of truce, because one it in the realm that it should be dis- going to move forward. And they put thing we found was they cheated on cussed, which is what is best for the tremendous capital in that, and now every treaty that they signed, and we country rather than we don’t want to they’re being betrayed by the country didn’t cheat. And we had made an give Ronald Reagan too much credit. that asked them to do it. agreement that we were not going to This is the ironic tragedy of it. Mr. AKIN. So the Czech leadership develop a defense against nuclear mis- Mr. AKIN. You know, the funny responded to our initiative, said, We’ll siles, and then that whole idea was thing was—I was elected in 2000, came put the radar site in the Czech Repub- challenged. here in 2001 and started right off in the lic. The leadership of Czechoslovakia Now, why don’t you run through—— Armed Services Committee. And we had a public that was not that en- Mr. FRANKS of Arizona. That was had these debates in the Armed Serv- thused about that idea, but they sold it ices Committee in those long hearings, the ABM Treaty that you speak of. And to them. We are going to move ahead. and every year for about 4 years or 5 fortunately Bush, this last George And so you had the Czech Republic was years when it came to funding missile Bush, was wise enough in this day and going to have the radar and the actual defense, it was a party line vote. The age recognizing that the coincidence of missiles were going to be loaded—was Democrats never wanted to do any- jihadist terrorism and nuclear pro- it in Poland? thing with funding missile defense. And liferation gave us a different equation Mr. FRANKS of Arizona. Yes. The yet, because we had a majority, we than we had with the Soviets because intercepter field itself, with 10 inter- all of a sudden deterrence wasn’t voted for it. And President Bush became very un- cepters, it would have been in Poland. enough. We were dealing with an Mr. AKIN. This has been, with the popular in Europe and with Russia. He enemy that was willing to see their new administration, President Obama went over and he gave them their 6 own children die in order to attack our months’ notice. I think the treaty re- has traded that away to the Russians, children. quired, give us 6 months’ notice. So he is that correct, or do we know what the And so he knew that we needed to went over and said, Okay, guys. The deal was? Because he’s cut all of the discard this outdated ABM or anti- clock’s running. We’re going to start money out of it. ballistic missile treaty, and he did developing missile defense in 6 months. Mr. FRANKS of Arizona. The trag- that, and unfortunately, tremendous And the Russians just had kittens, edy—and this goes back to the state- strides seemed to be made very quickly Putin went nuts, and the Europeans ment that I said about the naive way of in the area of missile defense. were all upset about this. They thought approaching this—because the Rus- Mr. AKIN. Reclaiming my time. he was some kind of cowboy from sians said that somehow they could I think the one thing that I really re- Texas. And yet at the end of that 6 exert influence over Iran or over other call—and I think it’s something we his- months, we started funding it in the countries, that we would give up de- torically skip, and that is really the Armed Services Committee, totally fending our homeland, our physical guy—we have an awful big ‘‘thank party line vote, and we started on the mechanism to defend our homeland in you’’ to say to Ronald Reagan. He had path of actually building the dream order to gain the influence of the Rus- the imagination to take a look at this that Ronald Reagan had passed down sians over Iran. Well, this is unbeliev- mutually assured destruction and say, to us. able. This is nuts. I mean, as you said, all Mr. FRANKS of Arizona. Two things Mr. AKIN. Reclaiming my time. through history of mankind, somebody have happened since then. Now, wait a minute. This isn’t sup- picks up a rock and somebody picks up First of all, Democrats in Congress posed to be funny hour. We’re here a garbage can lid, you know? I mean, have begun to see that missile defense talking about missile defense because there’s always offense and defense. He does indeed have a very, very impor- Iran just launched a missile. Is that said, If we’re saying we’re not going to tant role to play in this age of nuclear the sort of influence that Russia has defend ourselves, we’re crazy. proliferation. That’s a good thing. It’s over Iran, that it’s going to help them So we start talking to scientists and a good thing. The downside, of course, launch solid rocket loader multistage came up with this idea that we could is that the Democrat President in the missiles that can go 1,200 miles? Is that use different kinds of technology to White House right now is incredibly, in what we traded away in order to give stop those missiles so they wouldn’t my judgment, naive as to the danger up missile defense for Europe? Wait a come and hit our children and families. that we face and to his approach with minute. I don’t see—the logic of this is And then he went a much more gra- our allies. incredible. cious step and said, What’s more, we’re He has now, under his budget, sub- Mr. FRANKS of Arizona. Unfortu- going to share our defensive tech- mitted numbers that would cut the Eu- nately, the Russians have sold us their nology with our opponents so that ropean missile defense site by 89 per- influence over Iran about a dozen times mankind does not have to live under cent, nearly 90 percent, which is effec- now and never have really given us the threatening shadow of the nuclear tively killing the program. And this anything of substance to be helpful. mushroom cloud. And he sold that idea was the system that we were putting in And I think this is incredibly dan- to the American public. And, of course, place under the Bush administration to gerous. the liberals all made fun of him. They protect the homeland of the United Iran has continued to go forward and said, You can’t do it. It won’t work and States, to protect Europe and our for- defy the world community. This solid it’s too expensive, and all of those ward-deployed troops against an Ira- fuel rocket that they have used today kinds of things. But he hung on and nian missile. is something that you said was very,

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.132 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5877 very important. And the ability to a very long-range missile, reentering something that really put a little stage is incredibly significant because the atmosphere. spring in the step of a lot of Americans it ultimately means that if they have So we kind of break missile defense and should give an awful lot of our kids the guidance systems—and they’ve al- into these three areas, and we have dif- that are reading Popular Science and ready proven that they do by launching ferent technologies to try to shoot the Popular Mechanics, that should fire the satellite—that they will have al- thing down before it hits us. And our them up, jazz them up a little bit, and most an indefinite range across the thinking is, well, the more shots you there’s not a word about this. All we world, because once they learn to can get, the better, because if you miss hear is, oh, it won’t work, it won’t stage, they can do almost anything in with the boost phase, you may get it in work, and the amazing thing is I’ve terms of reach. midcourse. And if you miss in mid- seen some of those pictures where here Mr. AKIN. Reclaiming my time. course, you may still stop it in reentry. comes the enemy missile. These things These are some of the missiles. This So we have different kinds of tech- are taken in fractions of a second, and picture was taken before the launch nologies. you see basically the thing is creating this morning. And then we have a pic- But the main one that’s been devel- through a sighting mechanism a target ture, I believe—I believe this picture oped that’s just incredible, from a on the side of the enemy missile, and it was one released of the actual launch physics point of view, is a metal-on- is literally picking a spot, as you said. this morning. So you can see this ap- metal kill. We don’t use any explosive It’s not hitting a bullet with a bullet. pears to be a multistage kind of a mis- in it. We just send the missile up, and It’s hitting that spot right on the missile, but we don’t know the details on the guidance is so accurate, and the sile where they want to hit it. it yet because we haven’t had the brief head-on collision that we energize gen- And to be able to do that—I’ve al- on it. erates so much energy that it just lit- ways been awfully skeptical as an engi- Mr. FRANKS of Arizona. This is a erally vaporizes the missiles. And I neer about when people say you can’t Sager, a solid fuel rocket that is some- would encourage my friend from Ari- do it. You know, when you tell Ameri- thing that we’ve known about for some zona to just sort of flesh out how it’s cans you can’t do something, it’s like, time, and we knew the Iranians had it done. oh, yeah? Well, the fact of the matter and at some point they would test it. b 1945 is, we did, and as you said, not only did But the danger of— Mr. FRANKS of Arizona. If you will we hit the first missiles dead-on, we Mr. AKIN. Just reclaiming my time. permit me, I can get through this just just picked off the biggest piece of Is this a multistage, do you believe? briefly. scrap metal that was left after. Mr. FRANKS of Arizona. Yes. I’m You know, the age-old argument We’ve got our friend, Congressman convinced that it is. against Ronald Reagan’s perspective is BISHOP from Utah. If you would like to The danger, of course, is that Iran is that this like hitting a bullet with a join us, we would love to have you in not only a dangerous enemy, to have bullet. Well, as General Obering, the our discussion this evening. these types of weapons, but they can former Defense agency head said this, Mr. BISHOP of Utah. I’d appreciate sell and proliferate this type of weap- he said, We don’t just hit a bullet with that because we have been talking onry. And when they prove that it a bullet. We hit a dot on the side of a about so many upbeat messages right works, it makes the price go up and it bullet with a bullet consistently. here on what we can do, that I want to makes other countries who are trying And interestingly enough, in recent be the downer of the group and present to gain this technology much more in- days, you know, now they say well, the fear that we have simply because terested in the technology. And I be- there’s so much fratricide, if there’s the administration budget for missile lieve that it’s important that we do some type of collision, that if there are defense has been submitted. whatever is necessary to prevent them multiple reentry vehicles or multiple And I’m grateful my friend from Ari- from having successful tests in the fu- vehicles, we wouldn’t be able to hit all zona is still here, because in our land- ture, including—and this is a big state- of them. But just recently we, in a test based—maybe you can add and flush ment—including shooting those mis- down in Hawaii, we shot a Scud missile this out—our land-based interceptors, siles down with our own missile defense off of a destroyer and it went 218 kilo- we have 30, and as short as nine months capability, our Aegis capability when meters into the air and then, off of a ago, every expert was telling us we they come over international waters. THAD battery in one of the islands need to have at least 44, and a backup Mr. AKIN. We have a few more min- there, we shot two interceptor missiles site from the Alaska site down in Cali- utes to talk about that. I think people 16 seconds apart to try to intercept fornia to be expanded at the same time. might be interested in how did this— this. The theory is if the first one hits, And yet mysteriously in this particular how does this technology that we have the second one will fly on by, and it’s budget, somehow we have now changed work, because for years, people are say- no big deal. If the first one misses, the the expert opinion that we only need 30 ing, You can’t do it; it is impossible. second one will hit. of these instead of 44. Even though in I’m an engineer by training, and But here is the amazing thing that Alaska, where the site is, they are what we have developed in America— occurred. At 218 kilometers into the ready to start in the short construction basically on the dream of Ronald air, literally exo-atmospheric, into period to building the extra silos that Reagan—is an incredibly elegant solu- space, the first THAD interceptor hit they may need. In fact, one person said tion. And from a physics point of view, the target dead center and blew it to it might be cheaper just to build them this is the kind of thing that should in- smithereens. Fratricide was every- and use them as storage bays until spire kids in school to be studying up where. And the second missile, they we’re ready for something else. on physics. And I didn’t know if other had it almost coordinated at that time But maybe the gentleman from Ari- Members want to join us. to only 2 seconds apart, it picked the zona can talk about how significant We have Congressman BISHOP here. biggest piece, which was a little over a this issue in the budget is and what We’ll talk a little bit about the way meter long, and hit it. this does to our potential defense, not the thing works, and then we’ll jump Now, let me suggest to you, if that just from Iran but from especially in. doesn’t light your fire, your wood is North Korea at the same time. And what we have when you talk wet, because this was an incredible ac- Mr. FRANKS of Arizona. Well, the about missile defense is you’ve got—ba- complishment by our missile defense gentleman speaks of a system called sically you’ve got the boost stage agency, and it showed that our sensors GMD, or ground-based mid-course de- where the enemy’s rocket here, if this have the capability of finding that fense, and it is our only system capable is aimed at our country or one of our most important target, even in an en- of defending the homeland against an allies, this is taking off. It’s called a vironment of that kind of fratricide, incoming intercontinental ballistic boost stage. Then as the missile starts and it was an incredible accomplish- missile from either North Korea or, in to go more horizontally, it goes into ment and you didn’t hear it on the some cases in the United States, from what’s called midcourse. And eventu- news. Iran. ally, when it comes down on the target, Mr. AKIN. Reclaiming my time, it’s And the significance, as he said, just and that’s where it’s reentering—if it’s interesting that you just explained a year ago, there was a conviction that

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.134 H20MYPT1 jbell on PROD1PC69 with HOUSE H5878 CONGRESSIONAL RECORD — HOUSE May 20, 2009 we needed at least 44 interceptors, and Mr. AKIN. Reclaiming my time, let’s first of all, you can hit all of Israel, as you go through the war colleges take a look at what this budget is and second of all, you can threaten sort here in the area, nearly always when doing because the gentleman from of the southwest part of Europe with they go through their scenarios, they Utah has brought up some good points. that range missile. Is that correct, gen- say we need even more than the 44. But What’s happened is the Democrats tleman from Arizona? now all of the sudden—and we only are basically cutting component parts Mr. FRANKS of Arizona. That is cor- have 26 actually now. We’re capped at a of missile defense. They know it works. rect, and of course, the other irony number of 30. Now all of a sudden we’re They have seen the tests. They know here is that there’s really only one going to cap it at 30, and I think that’s the stuff works. They can’t say it payload that makes any sense to put very dangerous. Because keep in mind, doesn’t work, but they are not going to on a missile like that, and that’s a nu- this is not just one interceptor per in- fund it. They’re funding some of it, but clear warhead. The other applications coming missile. We want to do every- they’re not funding some of the key don’t make a lot of sense. thing that we can to have some redun- programs that are important. Mr. AKIN. And yet our President has dancy where we sometimes shoot three The first thing they’re cutting is the negotiated away, from what we know, and perhaps even four to one where if number of what’s called ground-based putting the radar that we need and the we have one missile coming in, we missiles. Those are the ones, if you battery of missiles to protect Europe want to make sure we get as many think about a missile and how far it and eastern United States. shots off as possible to make sure one can go, the missiles that go the far- Mr. FRANKS of Arizona. Well, that’s doesn’t land. Because if a nuclear mis- thest, we call them intercontinental correct, and of course, to try to make sile lands in one of your cities, it will ballistic missiles, and those missiles, the rhetoric they say, well, there are other mechanisms that we have poten- ruin your whole day. the only way you stop them is with Mr. AKIN. No doubt about that. I that ground-based defense. And so tially to defend Europe, which may be yield. we’re going to freeze the number of a land-based SM–3 system with the Mr. BISHOP of Utah. If I can go those ground-based defenses, but that’s augment of Aegis, but there are two back, though, I want to make this a not all that we’re cutting. things wrong with that. Number one, little bit worse than it is, because not What we’re also going to do is, we’re it’s more than twice as expensive to do only is this program capped at 30 when going to stop the kinetic kill. Is that in that, and number two, those systems we need at least 44, the KEI, kinetic the reentry aspect? Is that what that do not protect the homeland of the energy interceptor, a program where was for, or is that a different part? United States against any ICBM from Mr. FRANKS of Arizona. No, sir. The the contracts were let only in 2003, Iran. KEI is an extremely fast missile, and it Mr. AKIN. I’m going to reluctantly they have gone through seven static was made to intercept other missiles in recognize the gentleman from Utah. tests. In fact, they are on the launch the boost phase, and the airborne laser He’s been bringing a lot of bad news to- site and ready to do the first flight and KEI were our only boost phase sys- night, but still I guess we better know tests, and the Secretary of Defense has tems, and both of those have been cut what the truth is. decided to cancel that program, even precipitously, and that’s the most im- Mr. BISHOP of Utah. I appreciate though the admiral in charge of the portant place to try to interdict a mis- that, and I’m sorry to be the downer in Chiefs of Staff says we need more re- sile because it’s moving slower. There this party night. This is one of the iro- search and development. are no countermeasures. There are no nies. Not only did the Iranians launch This is a remarkable idea to try and decoys deployed, and of course, if you something today, but when the admin- catch these missiles coming at us at a have an impact, then the fratricide istration announced their budget cuts different stage in the game, where with falls back upon the offending Nation. for the missile defense program, on the the technology that is being developed, So this is the most important phase very day, 7,000 miles away, North Ko- it’s working, it has been successful in that we could ever attack or intercept rea’s Kim Jong Il was shooting another the static tests. We should at least go an enemy missile, and we’re essentially missile. Now, admittedly this one land- forward and see how far this program doing away with both of those pro- ed in the Sea of Japan, but it threatens can go. But this program has also been grams, leaving only the ABL in place Japan and it was on a trajectory to- chopped, and at the same time, the old as an experiment, as a research project. ward the United States. They are not traditional defense of the Minuteman 3 Mr. AKIN. So what’s happening, backing down, and they’re not backing has been stopped and capped. We will though, are they cutting the funding off, and I want to put in perspective no longer refurbish or rebuild these for the airborne laser, also? what we’re talking about because all of particular rockets. Mr. FRANKS of Arizona. The air- the discussion we’ve heard so far is And indeed, what is scary to me is borne laser has been cut precipitously these are very expensive programs, we the Russians have already said they and is now essentially a research may not be able to afford them. are going to rebuild and redo their project, rather than a deployable fu- The entire savings for these pro- ICBM projects so that by 2018, 80 per- ture system. grams in 2010 is $1.7 billion, roughly. cent of their ICBMs are going to be Mr. AKIN. So, in other words, what Now, that sounds like a whole lot of brand new with new capability, and we we’re doing is we’ve got the three money, until you remember on our do not have the capability in our de- stages where you can shoot at a mis- stimulus bill we spent $800 billion, sup- fense budget to actually meet any of sile: when the missile is being posedly to create jobs we’re now cut- that future need which may be there. launched, which is in some ways the ting here. And what’s even worse in Mr. AKIN. I yield to the gentleman place where the missile is most vulner- that bill is $5 billion for government from Arizona. able and where you turn it into junk, it organizations like ACORN. Now, I’m Mr. FRANKS of Arizona. The gen- falls on the country that launched it at sorry, that’s not my priority list. tleman is correct on a number of dif- you. Then you’ve got the mid-course Mr. AKIN. Reclaiming my time, now ferent points. Once we don’t build and we’re limiting that. And then you’re stopping the preaching and get- those, not only are they not there for you’ve got the reentry part of it. So ting on to meddling. the defense capabilities, but we also what you’re saying is we’re doing some What you’re saying is in the first five eventually lose our industrial base to serious cuts in all of those areas. weeks that this Congress met, we build them at all. We can’t just go out And so here you have Iran just this passed this porkulous bill or stimulus in the street and find someone on the morning launches this, and their tech- bill or whatever you want to call it at sidewalk and say come on, we would nology is moving fast, moved to solid $800-something billion, and you’re talk- like to build a missile defense capa- rocket, multiple stage. They’re busy ing about cutting missile defense by bility; we’d like to have you come in putting the centrifuges together to less than $2 billion. Did I understand and be one of our rocket scientists. It make the nuclear devices. Let’s take a the number correctly? takes a great deal of time and energy look at what a range of 1,200 miles Mr. BISHOP of Utah. That’s what I to have that industrial base which is in would mean. said. place now, and I think we make a ter- Here from Iran, as you come out in Mr. FRANKS of Arizona. The total rible mistake. these circles, what you are saying is, missile defense budget, in total, is less

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.135 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5879 than $9 billion, and the administration And I would yield back to my friend But this is not sensitive information. wants to cut it almost $2 billion more. from Utah, Congressman BISHOP. This is what the future direction of Mr. AKIN. So we’re talking about Mr. BISHOP of Utah. I appreciate this country should be. And I’m sorry, less than 1 percent, a minuscule part of that commitment, and you have my before you put the stop work order, you our defense, to protect our cities from commitment at the same time. This is at least should be able to tell Congress being turned into dust. I don’t under- a work that needs to go forward. We what you’re about to do. stand the logic of that. have money to do this. I hope we never, never engage in this Also, this is a North Korean ballistic One of the things we also—when Sec- kind of gag order in any branch of this missile threat. So it’s not just Iran, retary Gates talked to us, he talked administration again because, as the and Iran threatening Europe. We’re about a zero sum game, meaning that gentleman from Missouri accurately also talking about North Korea devel- if we wanted to improve this missile said, it is not transparency. It was not oping longer and longer-range missiles, defense budget we would have to take what was promised. And it is simply a and as they stack more—as you have money from some other part of our wrong problem which allows a whole said before, you take these solid rocket military needs to put over here. And lot of issues to be pushed to the side, motors and you stack them up into I’m sorry, I reject that. which could have been easily fixed, ad- multiple stages. You get the velocity One of the things we need to do is judicated, simplified had we simply had to get the distance to start threatening make sure that the military is properly some kind of communication as the the continental United States from funded. It’s really the only constitu- process was being developed. North Korea. And he hasn’t shown any tional role we really have to do, and Congress is now behind the 8 ball on signs of backing off. He’s still busy make sure that it’s not coming from this. If we want to fix this problem, making nuclear weapons and still busy some other—we’re not going to can- and I desperately think we should, our working on his warheads. And even if nibalize another area of the military options are severely limited because of he doesn’t use them, he wants to sell just to make sure that this done. That the way the administration handled is simply flat out wrong, and I’m not them to other people. So why would we this year’s budget preparation. going to do it. want to be cutting our missile defense I yield back. I’d like to add one other negative Mr. AKIN. Well, that’s quite an in- at this time? It just seems like about since I’m on the role of whining here insanity. dictment. And you sure had a snoutful about things going on. This adminis- of bad news for us. I didn’t even know I yield to the gentleman. tration did something that was totally Mr. FRANKS of Arizona. The thing about that last one. And it’s enough to unique in its budget process called a really make you irritated, isn’t it? that’s important to remember is that ‘‘gag order’’ which simply meant that Iran gained most of its missile tech- You know, we hear about trans- when the Kinetic Energy Interceptor parency, and yet there isn’t trans- nology from North Korea, and Iran has Program was canceled, it was canceled parency, and this isn’t the way we actually outpaced North Korea now in during the time of the gag order. There should be running a country. It seems their missile capability, but North is not a single person on Capitol Hill, to me that somebody’s trying to hide Korea has nuclear warheads now, and if in any branch of Congress, that knew something. That’s what it seems like, North Korea sold Iran missile tech- what was taking place because no one somebody is trying to cover something nology, is it unthinkable to think they in the Pentagon was allowed to talk up. might sell them nuclear warheads at about what the decision was. A stop Now we’re about done with our first some point? It may not be even nec- work order had been administered by half hour so we’re going to be finishing essary for Iran to build their own war- this administration before anyone up on ballistic missile and strategic heads. knew what was taking place. And here’s the really astonishing And, in fact, when the Secretary of missile defense. I am going to let the tragedy about this. Rhetorically, some Defense announced his overall view, last word go to my good friend from of the liberals say that the reason that not one word on this missile program Arizona, Congressman FRANKs. we should cut our GMD system is be- was mentioned in that, even though, 2 Mr. FRANKS of Arizona. Ostensibly, cause we need more testing. Well, days earlier, the decision had been the whole purpose of cutting missile under this system, where they’re cut- made to cut it. defense is so that we can use the ting down on the number of intercep- Mr. AKIN. Reclaiming my time, wait money somewhere else. But sometimes tors we have, we won’t be able to test a minute now. I recall that the Presi- we forget that when we suffer some this system again until after 2014. dent stood on this floor, and one of the type of weakness in our military sys- Mr. AKIN. So we’re talking out of things that he made a big point about tem it invites or it provokes some type both sides of our mouth here again. was transparency. I have a hard time of attack from an enemy which nearly What you are saying is, on the one understanding the transparency of the always costs us much more than any hand, they’re saying we need more administration cutting a major part of savings that we had. When airplanes testing, and second of all, they’re cut- missile defense that’s very important, hit our buildings and our Pentagon, ting the budget so we can’t test. and we’re on the Armed Services Com- they cost us in our total economy, Mr. FRANKS of Arizona. That’s ex- mittee and we didn’t even have a clue around $2 trillion. And so this is not actly right. that that was going on. Is that trans- only bad defense. It’s bad economics. Mr. AKIN. It just comes back out to parency? And if some day, if we build a system the same thing. There’s this hostility I yield to my friend from Utah. and we don’t need it, I will stand before to developing the defense that we need Mr. BISHOP of Utah. No, in my defi- the American public and say, you to protect our homeland, and the ex- nition it’s not transparency. Now, I know, we used this system every day cuses that it won’t work have been know that some people have said the because it deterred an attack. But I’ll proven—test after test, these things Pentagon leaks like a sieve. To be hon- still apologize to you for spending all are working extremely well, and the est, that’s what President Nixon said the money. fact is that if there’s any function of about the White House when he came But God save us all from the day this Congress that we should be paying in there, and I hope there’s no plumb- when we have to stand before the attention to, it’s protecting our own ers left around to try and fix the Pen- American people and apologize to them citizens. And so I just find it impos- tagon situation. because some type of an attack left sible to understand the decisions that But it’s one of those things that, in a hundreds of thousands of our people are being made in cutting the missile republic, in a republic, we are not dead in a city or worse and we had the defense. devowed by those types of secrets that ability to defend them and we didn’t should take place there. And the rep- out of political correctness. b 2000 resentatives of people who make these And with that I yield back to the I don’t think that’s the right thing to decisions should be made aware, you gentleman and thank him very much. do. I can certainly say that on the can do it in some kind of a system or Mr. AKIN. I appreciate your passion Armed Services Committee, I will not order in which sensitive information is on that subject. Gentlemen, there’s one vote to cut missile defense. let out. point that I always like to make on

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.137 H20MYPT1 jbell on PROD1PC69 with HOUSE H5880 CONGRESSIONAL RECORD — HOUSE May 20, 2009 missile defense that it seems like many In 1972, Time magazine, citing nu- league, MIKE ROGERS, Republican, from times people overlook it. And what I merous scientific reports that immi- Michigan, that would require an an- hear, just talking to people back in my nent runaway glaciation is what the nual certification by the administrator district they say, well, couldn’t these Time magazine called it. And by 1975, in consultation with the Department of bad guys basically smuggle a missile Newsweek, scientific evidence of an ice State and the United States Trade Rep- into our city and just set it off? And age. And so people were being called to resentative that China and India have they don’t really need a missile to do stockpile food, and the question of adopted a mandatory greenhouse gas that. And the answer is, they can try, whether we should use nuclear weapons reduction program at least as stringent but that’s not as easy to do as it ap- or some method of melting the Arctic as that would be imposed under this pears because the bombs and things do ice cap. act. And what we’re saying is this is all emit some radiation and there’s some 1976, U.S. government: ‘‘The Earth is pain and no gain unless we have an chance we could catch them. heading into some sort of mini-ice international agreement that brings in But the other main point is that a age.’’ China and India. bomb set off up in the air is far, far And now we’ve got global warming. Well, my colleagues on the other side more deadly, hundreds of times more And so over the period of the last hun- all voted ‘‘no’’ against requiring China deadly in terms of casualties than one dred years, well-meaning scientists and India to be under the same regime. set off on the ground. I think that’s and, supposedly majorities of sci- Republicans all voted that we should part of the reason why you see our op- entists, even, have changed their opin- be in the same regime. ponents developing these ballistic and ion about this global warming about Another amendment that said if un- intercontinental ballistic missiles be- three times or so. employment gets to 15 percent, that we cause of this high level of threat and a Well, the complaint now is that we’ve ought to change course, that this cap- very rapid ability to deploy a weapon. got this CO2 that’s being generated and-trade scheme is not working. An- And so that’s part of the reason why which makes the Earth warmer and, other party-line vote, Republicans say- therefore, we want to tax the CO . this is a very key topic. 2 ing we ought to get out of this agree- When the government wants to tax And I thank you so much. The gen- ment if job loss gets to 15 percent. something, usually you’d better hang tleman from Arizona has taken a lot of Democrats stayed on the party line on to your wallet. We’re talking about time to understand this, knows it in- saying, no, 15 percent job loss is ac- a lot of tax. side and out. He’s just about like an ex- ceptable under this bill. pert. And Arizona has been doing the And tonight we have probably one of the most foremost experts in the House Mr. AKIN. Just reclaiming my time right thing sending you up here. for a minute. What—how much unem- And I think we’re going to move on on the whole subject of this what’s ployment do we have now? We’re not to another topic which is particularly called cap-and-tax. A man who’s been up to 10 percent yet, are we gentleman? of importance to Americans today, and in the middle of these hearings for Mr. SHIMKUS. We are right around that’s the subject of taxation and en- hours and hours is joining us. It’s a 10 percent. ergy. Not so long ago, our President treat to have Congressman SHIMKUS Mr. AKIN. Right near 10. So you’re said, under my plan of a cap-and-trade from Illinois. I yield time, gentleman. saying if it gets to 15, enough already. system, or that is cap-and-tax system, Mr. SHIMKUS. Thank you. I appre- We’ve got to ease back on this thing electric rates would necessarily sky- ciate the time. As stated, we’re in the, that’s hurting us. Because the point of rocket. That will cost money. They in essence, the markup of the bill right the matter is this tax is going to create will pass that money on to consumers. now. And so I thought I’d just take a unemployment. Right? And if they say, This is the President in a meeting in few minutes to talk about what hap- well, it’s not going to create unemploy- guilty January of 2008. pened yesterday and what’s happening Well, he is now the President. And today. ment, then they don’t have any prob- they’re talking about this cap-and-tax The basic premise that we’re trying lem with an amendment saying that at system that’s been the subject of de- to just remind the public that because 15 percent unemployment we’re going bate now for hours and hours in the En- to address this global warming you to stop it. Right? ergy and Commerce Committee. And have to monetize carbon, that is, in es- But, no, so they’re saying no we don’t from what we’re seeing and taking a sence, adding a dollar amount to car- want that amendment, saying they look at what’s being proposed, the bon, which that dollar amount would think it will go over 15 percent. President was accurate in this state- be passed on. Ratepayers will pay Mr. SHIMKUS. And I am going to ment. It is going to be extremely ex- more. President Obama admits it. head back to the committee and I ap- pensive, and electric rates are going to Really, the draft bill admits it because preciate the time. Let me just say we skyrocket indeed. there’s 55 pages of what to do with job also had an amendment: will global The interesting thing about this losses in the bill. warming bills’ costs be disclosed. We though was he stood here at the begin- Here’s a couple of amendments that asked for full disclosure on electricity ning of this year and said, I’m not we debated last week—I mean yester- bills. Republicans said, yeah, that’s a going to tax anybody that’s making day. An amendment offered by LEE good idea. Democrats voted ‘‘no.’’ less than $250,000. And yet what’s being TERRY, Republican, of Nebraska, would Democrats declined to shield home- proposed here is every time you turn a require annual EPA certification of the owners from electricity spike hikes. light switch on, you’re going to get average retail price of gasoline. If the So what we’re trying to do is, under- some more taxation. price exceeds $5 per gallon as a result standing that this is going to cause an How much taxation are we talking of this act, this act would cease to be increased cost to the ratepayer, no about? And what’s the logic of this? effective. one’s speaking for the ratepayers. Well, Well, the logic is supposed to be that We’re admitting that there will be an the Republicans are speaking to the the Earth is getting too hot, and that’s increase in cost. Voted down on a ratepayer. The Democrats in the com- really a serious problem for us. The party-line vote. mittee markup are speaking to those Earth is getting too hot. And so I Mr. AKIN. Reclaiming, you’re just special interest groups that cut this thought it was interesting to take a saying that what we said is, hey, gas is deal behind closed doors. look back historically over the last painful when it gets up there to $3 or $4 b 2015 hundred years, not at the temperature a gallon. But you’re saying if gas gets of the Earth, but at what the scientists to $5, we put an amendment saying You’ve got a lot of my colleagues have been saying down through the enough already; that’s enough tax at $5 here who all want to speak with you. I years. a gallon. And that was a party-line appreciate your yielding me some In 1920, the newspapers were filled vote. The Republicans voting, I as- time. Keep up the great fight. with scientific warnings of a fast ap- sume, that they don’t want to let it get Mr. AKIN. Congressman SHIMKUS is proaching glacial age, 1920s. over 5. The Democrats saying it’s okay just doing the yeoman’s job on the 1930s, scientists reversed themselves to tax more than that; is that correct? committee. It’s a tough thing. Those and they said there’s going to be seri- Mr. SHIMKUS. That is correct. An- amendments seem to me so common- ous global warming in the 1930s. other amendment offered by our col- sense that I’m kind of amazed that

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.138 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5881 anybody in the political business would to jump 9 percent, and that’s just the Mr. AKIN. Dr. BROUN, I appreciate dare to vote against something that’s beginning. That’s only by 2012. Then your firmness and your just basically saying, hey, it’s $5 a gallon for gasoline you’ve got natural gas, which is going calling this what it is. or unemployment is at 15 percent. Ac- to jump 14 percent. Now, when the An hour ago, we heard the Democrats tually, that’s not such an odd idea be- economy is rough and people are hav- talking about the fact that, oh, they’re cause Spain has put in this same thing ing trouble with unemployment, this really into technology and innovation that is being proposed here. Their un- somehow or other seems like a pretty and all of this kind of stuff. This thing employment now is 17.5 percent, and strange thing to be talking about, a has nothing to do with technology or they’re suffering. They’re calling all massive tax increase like this. innovation. This is just a plain, old tax the green jobs ‘‘subprime jobs.’’ We’re joined by my good friend from increase. It’s a plain, old tax increase, Thank you very much, Congressman Georgia, and I would yield time to the but it’s a big, whopping tax increase, is SHIMKUS. doctor. what we’re dealing with here, and the We’re joined by a very sober judge Mr. BROUN of Georgia. I thank the justification is kind of amusing. from the State of Texas, my good gentleman for yielding. I’d like to take just a minute, and friend, Judge CARTER. Welcome to our I think the American people need to then I’m going to recognize my good discussion this evening. Let’s talk a understand what this is going to mean friend, Congresswoman LUMMIS from little bit about these taxes. to them directly. I think these charts Wyoming. Mr. CARTER. Well, some of the Having an engineering background, I are great. As Judge CARTER said, I things that our friend Congressman kind of get interest out of it. How think the facts that Mr. SHIMKUS gave much human activity does it take to SHIMKUS said are pretty sobering. us were absolutely sobering, but there Mr. AKIN. Yes, they’re sobering. affect greenhouse gases? This block are a number of people in this House of They even make a judge sober. I yield. here of all of these boxes represents all Representatives who have openly said Mr. CARTER. We’re saying $5 a gal- of the greenhouse gases which comprise that they would like to see gas go up to lon for gasoline with that increase only 2 percent of the atmosphere. So $10 a gallon. They think that that will being caused by this tax-and-trade these are all of the things that cause start people conserving gas in America. scheme that’s being sold to the Con- global warming. Most of this is water Well, most folks can’t afford $10 a gal- gress as some kind of clean-up-the- vapor. By the way, it’s not CO , okay? lon gas. There are people in this House 2 world project. We think that at least Now then, this yellow stuff over here is who want to federalize—nationalize— ought to raise the issue and should the part of the greenhouse gases that is the whole of the energy system, and slow down the process. Yet they say, CO . Those are the yellow boxes. The there are many Members of the Demo- 2 No. Let’s see what’s going to happen little red box there is the CO that is crat majority who are promoting that. 2 when it gets to be $5 a gallon. caused by human activity, and that lit- I think this may very well be the open- Let’s think in our recent past as to tle red box right there is the excuse for ing for them to try to nationalize it, what happens when gasoline gets to $5 this whopping, big tax. Now, somehow just like Hugo Chavez has done in Ven- a gallon. Well, of course it’s going to be or other, the logic of this just seems ezuela, and that’s exactly the picture the evil oil companies’ fault that se- like a very, very thinly veiled excuse that we see here in America. cretly have made deals with each other for a great big tax. to fix prices and to make them go up. What NANCY PELOSI and company are Mr. BROUN of Georgia. Will the gen- That’s why, when they said the elec- doing here in this Congress is they’re tleman yield? tricity bills are going to go up, we just going down the same road, and they’re Mr. AKIN. The thing that is the most said that we wanted them to say on the trying to force America into the same amusing on this is that the one major electricity bill what caused this to go policies and down the same road that source of energy that we have that Hugo Chavez in Venezuela has taken up. Well, it happens to be our cap-and- makes no CO2 is not being given any tax program that caused it to go up. that country down. Yet what is it credit or is being pushed forward at all, That’s fair. The American people ought going to cost each individual family? which is nuclear power. We’ll talk to know what caused the doubling of It is estimated that every family is about that, but I want to yield to the their electricity bills. Guess what going to pay over $1,000 in increased gentlewoman from Wyoming, Congress- they’re going to say? Oh, the evil electricity costs. It’s estimated that woman LUMMIS. power companies have jacked the the tax, itself—I’ve seen various esti- Thank you for joining us tonight. It’s prices up to bilk the poor consumers. mates—will be anywhere from over just a treat to have you here. Truth and sunshine is what this gov- $3,000 per family in America to over Mrs. LUMMIS. Thank you, Congress- ernment needs. Put the truth in the $4,000 per family in America per year in man AKIN. I appreciate being involved bill. increased taxes. It’s going to increase in this discussion. Mr. AKIN. That’s absolutely right. I the cost of food and of medicines. This is a national energy tax. This appreciate the gentleman’s perspec- Every single good and service in this will not solve our problems with pollu- tive, and that’s coming from a judge. country is going to go up because every tion, but what will? Sometimes we Re- You want to know what has happened bit of food and every medicine—every publicans are called the ‘‘party of no,’’ and exactly what’s going on. Don’t put good and service in America—is de- and it’s because we need opportunities this behind smoke and mirrors. We’re pendent upon energy. If you flip on the to express our better ideas. Indeed, I talking here about comparing the cost light switch, your bill is going up. If believe we do have better ideas, and of these taxes being proposed. This is you go to the gas pump, your bill is some of them are being illustrated by the cost of World War II right here, going up. If you ride public transpor- the chart that Mr. AKIN has on the this big blue circle. This cap-and-trade tation, the bill is going up. The bill is board right now. here at $1.9 trillion is a tremendous, going up. The bill is going up for every- We have opportunities to clean up tremendous tax. The other wars—this thing in this country. The American the technologies and sources of energy thing here—would be the war in Af- people need to say ‘‘no’’ to this idiotic, that we have right now. We have the ghanistan and the terrorist wars and what I call, ‘‘tax-and-cap.’’ The reason opportunity to increase the number of all. All of these are small by compari- I call it ‘‘tax-and-cap’’ is because it is hybrid and zero-emission vehicles on son to what’s being proposed. a huge tax. It’s not about the environ- the road. We have the opportunity to So what does that mean for the aver- ment. increase wind and solar and biofuels. age family? What are their costs going The President, himself, said that this We have the opportunity to add to the to be? needs to pass so that he can fund his amount of natural gas that we use be- Well, you can see the energy here. socialistic agenda. He didn’t call it a cause it is, by far, the cleanest burning The blue here is gasoline, and the gaso- ‘‘socialistic agenda,’’ but that’s exactly hydrocarbon. We have opportunities to line is going to jump 16 percent. This is what it is. It’s a big government agen- sequester the CO2 that comes from just by 2012. You’re going to see a 16 da for health care. For every single coal, and as we know, coal is more than percent increase in the cost of gasoline. thing that this country does, they want half of the electricity that is produced The green is electricity. That’s going to do that. in this country. So, to abandon coal

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.140 H20MYPT1 jbell on PROD1PC69 with HOUSE H5882 CONGRESSIONAL RECORD — HOUSE May 20, 2009 abruptly is just not possible. We should ment of Energy, so they’ve been an ab- thing, you have forgotten the next tax pursue ways to clean it up. That inject failure at what they were charged they’re coming up with is the flatu- cludes sequestering carbon. to do. lence tax on cows. My State of Wyoming has the most Mr. AKIN. In fact, you could almost Mr. AKIN. Are you going to collect advanced carbon sequestration laws in say it’s of inverse proportion. The more that in bags, gentlemen? the country, which say that the pores people they’ve hired and the bigger it Mr. CARTER. Ask our farmers if under the surface where carbon can be has gotten, the more dependent we they like that idea. sequestered—or captured and secured— have become on foreign energy. That Mr. AKIN. I think we’re getting close belong to the surface owner, and that doesn’t make a whole lot of sense. on time, but the good news is my good liability for the escape of hydrocarbons I want to thank Congresswoman friend, Congressman KING from Iowa, is that are introduced into those pores LUMMIS, and I also want to get back to here. I think he is going to continue are on the companies that put that car- Judge CARTER here. talking on the same subject. I think he bon in the ground. So that creates a I want to give you a chance to take might be willing to recognize some of mechanism that other States are look- a look at some of these things. We’ve the other Congressmen that want to ing at right now, including Montana got, I think, only just about another 5 weigh in on this absolutely crazy sort and others that are following Wyo- minutes or so. of tax system that’s being proposed. The funny thing is that, just to con- ming’s lead. Mr. CARTER. First, if they’re not In addition, we need to produce from doing their job, we ought to fire them. clude, this chart right here, this is coal liquid products that burn less. In That’s just really easy, okay? something the Democrats have been addition, we need more nuclear energy. Mr. AKIN. I think that was pretty unwilling to deal with or talk about. But, see this little card? There’s a lit- As we know, nuclear energy is not a straightforward. If they don’t do the tle plastic thing here and there’s a carbon emitter, and it is producing 20 job, fire them. thing inside there that’s the size of two percent of our electricity now. So we Mr. CARTER. That’s simple stuff. If mechanical pencil erasers. There’s absolutely cannot take nuclear energy they’re not doing what we hired them enough nuclear energy in that little off the table. It’s very important that to do, we’ve got to fire them. Mr. AKIN. Now, Ronald Reagan pill right there to equal 149 gallons of we add more nuclear. oil, 1 ton of coal, or 17,000 cubic feet of Mr. AKIN. Reclaiming my time, Con- wanted to close the department down. Mr. CARTER. Yes. natural gas. That’s how much energy is gresswoman LUMMIS, what you’re say- Mr. AKIN. Is that what you’re advo- in that one little tablet. Maybe we ing is really exciting. You’re talking cating? ought to be thinking about real tech- about what the Republicans have been Mr. CARTER. That’s fine. I don’t nology. pushing for now and since I’ve been have a problem with that at all, but Thank you all for joining me this here, which has been since 2001. It’s an let’s get back to what we’re doing. evening. all-of-the-above strategy. It’s saying You know, there’s an old saying: ‘‘I f let’s let freedom work. Just get out of won’t tax you and I won’t tax me. I’ll the way, and let’s start developing hy- tax that fellow behind the tree,’’ okay? AMERICA’S ENERGY CRISIS drogen. If we’ve got places we ought to That’s kind of what we heard from the The SPEAKER pro tempore. Under drill for oil, then do that. Fine. If we’ve Obama administration when we started the Speaker’s announced policy of Jan- got to do coal, let’s figure out if you’re off: Don’t worry. Ninety-five percent of uary 6, 2009, the gentleman from Iowa going to sequester it or not. If we need the people in America are not going to (Mr. KING) is recognized for 60 minutes. nuclear and if you’re really worried be taxed by this administration. Yet, Mr. KING of Iowa. Thank you, Mr. about that percentage of CO2—I mean as my colleague from Georgia said, Speaker. The gentleman from Iowa is if you’re really serious about that, there’s not anything you can think of pleased to be recognized to address you then why not embrace the number 1 that doesn’t have an energy cost in it. tonight in this 60-minute period of technology that doesn’t make any CO2, Nothing. I mean it’s in everything. So time. which is nuclear? We’re saying do all of I don’t care how rich you are or how Having recognized that the gen- these things. Let the free marketplace poor you are. You’re going to be taxed tleman from Missouri was in the mid- work and let freedom basically run. by this. dle of a statement, and having recog- Let American innovation—and let the Now, don’t give me the excuse of, nized that there were gentlemen here resources that God gave us on this well, we’re just taxing the company, on the floor, along with the gentle- land—work, and we will have energy. and they’re taxing you. That doesn’t woman from Wyoming, that are still You know, there’s an ironic thing work. Everybody knows where this tax full of information that America needs that is just absolutely crazy about gov- is going. They know it in the adminis- to hear, Mr. Speaker, I will just simply ernment. Do you know why the Depart- tration, and we know it in Congress. set the stage with a very short piece of ment of Energy was created years and It’s going to us, to the individual this—and that is that I think we need years ago? This is kind of a quiz ques- Americans, and we’re going to pay this to have the smoothest of transitions tion if any of my colleagues happen to tax. Look at that. Shoes. Plastic. Food. from Special Order to Special Order, know the answer. Why did we create Electricity. Housing. All that. and that would require that I yield so the Department of Energy? Mr. AKIN. Reclaiming my time, much time as he may consume to the Dr. BROUN from Georgia, do you these are all different places. If you’re gentleman from Missouri (Mr. AKIN) know why we created the Department going to have to use it up, it’s going to who was in the middle of a statement of Energy? cost you $1,900 per household just for when his 60-minute clock ran out. Mr. BROUN of Georgia. Absolutely. the first year of this tax. This just tells Mr. AKIN. I thank you very much, It was created to make America energy you what you’d have to give up to save gentlemen. Congressman KING is independent. that money to pay that tax. This one known for the Opportunity Society Mr. AKIN. What has happened since here is all of the meat, poultry, fish, that he chairs. He brought in a speaker we’ve created it, Congressman? eggs, dairy products, fruits and vegeta- just a matter of a couple of weeks ago, Mr. BROUN of Georgia. Well, it has bles that a family eats in 1 year. an economist from Spain, talking not made America energy independent about the exact same thing that’s whatsoever. b 2030 being proposed here in America. In Mr. AKIN. We are less that way. That’s what you’ve got to give up to fact, the President has referred to Mr. BROUN of Georgia. We are less. compensate for this tax that’s being Spain as a great example of what we Mr. AKIN. What has happened to the proposed. Or, maybe you don’t want to should do. And he informed us that it’s number of employees in the Depart- do that. You want to give up this—all a great example if you like 171⁄2 percent ment of Energy? furniture, appliances, carpet, and other unemployment. Mr. BROUN of Georgia. It has sky- furnishings. You can give that up for 1 What he described was—one of the rocketed. They’re really not fulfilling year. things that was just amazing to me in the obligation that they have under Mr. CARTER. If the gentleman would terms of the contradiction that’s in- the charter of developing the Depart- yield for just a minute. On that food volved was, they closed down nuclear

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I want to thank Mr. AKIN That little tiny pellet that’s the size of friend from Iowa and your leadership. for including me in his last hour as two pencil erasers, if you have a couple Mr. KING of Iowa. Thanking the gen- well. of those, it takes just—let’s see, if you tleman from Missouri, and reclaiming The chart that was just placed up on have two of those, it takes all of the my time, I would add to the statement the board illustrates something that is energy you need to heat your house for he’s made—and I’m quite impressed a new phenomenon in terms of the de- 1 year. Two of those little tiny pellets. with the attention the gentleman must bate about renewable energies that I Yet, you’re talking about two times 149 have paid at that presentation that had not heard before arriving here in gallons of oil or 2 tons of coal or the morning—but to look at the situation Washington—and that is objection by equivalent of two times 17,000 cubic in Spain, the highest unemployment in the environmental community to feet of natural gas. the industrialized world; 171⁄2 percent, something called industrial-scale wind And so if you’re really serious about as the gentleman from Missouri has farms and industrial-scale solar farms. said. Over 100 percent increase in in- So even the advocates of renewable stopping CO2, aside from the flatulence of the sheep in Australia and all, look, dustries’ electricity costs, and the idea energy in terms of wind and solar are nuclear is clearly the logical thing for that 20 percent of the electricity in saying, Yes, we embrace wind energy us to do. Spain is generated by wind, which and solar energy, but we do not want If you could pop the next chart up pushes up against the threshold of any- them done in industrial scale because there, too. These are the sources of body in the country, anybody in the it consumes so much land, it creates emission-free electricity. If you take a world that lays out these standards. view sheds that have too many wind look at it, nuclear right now, that’s If you could produce 20 percent of turbines on it, too many solar panels your electricity by wind, that’s way up on it, and that we don’t want them. making no CO2 emissions, is 73 percent. Yet, there’s no discussion at all about against the threshold because we know And we are seeing efforts by Members of Congress when, coupled with envi- what is going to be done with nuclear. that wind doesn’t blow all the time. It ronmental groups, to prevent large- That just seems to be—I mean, what lays down often at night, it doesn’t al- scale wind farms and large-scale solar we are really talking about is just a ways blow when you need the elec- facilities in deserts and in areas where good excuse to tax people. And I’m tricity. You have to have backup sys- one might think would be appropriate afraid. tems, you have to have gas-fired gen- for wind and solar, such as places I don’t want to ramble on too far, but erators that can be fired up to take where the wind blows and the sun it seems so odd that Spain would basi- care of that demand when the wind is shines. But, nevertheless, the problem cally shut down nuclear in the name of not blowing. But, additionally, another statement seems to be the industrial scale that is trying to protect against CO . I mean 2 that the gentleman from Missouri being proposed for these facilities. the engineer in me just says these peo- didn’t make is how the Sicilian Mafia Well, as you and I know, Mr. KING, ple have drunk some kind of Kool-Aid. stepped in and was engaged in the unless you do these on industrial The thing that was frightening—and brokering of licenses that determined scales, you can’t possibly promote I will conclude with this—about the who would be building the wind genera- them as a larger component of our in- Spanish system, was that the country tion plants in Spain and the companies dustrial energy mix. In fact, if you sold off licenses to people to make that would be building them and the blanketed the entire State of Ohio with their clean energy that was solar and inefficiencies that came from that, let wind turbines, it would produce annu- wind. And the government would guar- alone the corruption that came from it. ally the equivalent amount of energy antee you a really high rate of elec- Whenever you have government in- as one square mile of Wyoming coal. tricity if you bought solar panels if you volved in brokering out licenses that Now, Wyoming coal comes in square bought one of these licenses. has to do with who’s going to be pro- miles, which is very unusual for those So the people would give these li- viding something that’s not demanded of you from the East who are used to censes. You’ve got all these people with by the market, I think exposes a great underground mines. We have some- licenses. They’re buying solar panels flaw in this. And the government of thing called surface mines, where you and windmills. As they do that, they Spain about 7 or 8 years ago decided may have 30 to 100 feet of overburden, feed that electricity into the grid, and they wanted to be the world’s leader in which is essentially the soil on top of they get paid a good chunk of change renewable energy. They set about the coal. And then you will uncover for it, which then of course is then going down that path. 100-foot coal seams. They are 100 feet passed on to the taxpayers. Following that path to become the level of coal, with no striations of any- They have had a 30 percent increase world’s leader in renewable energy, thing but coal in between. in electric rates in the last couple of they achieved it. But they also So all you have to do is scrape off years for the consumer. But for indus- achieved the highest unemployment in and save the overburden—the soil—pile try, in a year and a half, it’s been a 100 the industrialized world—171⁄2 half per- it up, recover the coal, scoop it out, percent increase. Here’s the bad thing. cent—a 100 percent increase in indus- load it in trucks, load it in rail cars, When the wind and the solar don’t co- tries’ electricity costs. They brought in and then put the top soil back in the operate, they tell the aluminum manu- the Mafia from Sicily, the Sicilian same contours as it was before you facturer, they tell the steel manufac- Mafia, that would be brokering the began mining, reclaim the surface to a turer, Shut your plant down. licensures along with some people in condition that is equivalent to or supe- Guess what those aluminum and Spain, I’m convinced, and now they rior to the condition of the surface of steel manufacturers are doing? They’re have a situation that so many people the ground before you even began to removing out of Spain. That’s why they are bought into it that they can’t step cover the coal, and put it back to nor- have got a 171⁄2 percent unemployment away and say that was a colossal mis- mal with ground for sage grouse, for over there. take, and if we’re going to save the rabbits, for snakes, and perfect, perfect And so I don’t think we really want economy of Spain, we have to pull the ground cover. to follow Spain’s example. They create plug on this renewable energy idea. Mr. KING of Iowa. Will the gentle- this system where now, politically, This greenest of countries in the in- lady yield? they can’t put the genie back in the dustrialized world, Spain, has the most Mrs. LUMMIS. So it is a wonderful bottle because you have all these peo- stressed economy in the industrialized resource. ple on the take and you politically world and, in big part, because they Mr. KING of Iowa. For snakes? can’t say we’re going to take away have bought into this vast green con- Mrs. LUMMIS. Snakes and rabbits. your lucrative business of making all cept of American energy. They seem to go together. I was at a

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.142 H20MYPT1 jbell on PROD1PC69 with HOUSE H5884 CONGRESSIONAL RECORD — HOUSE May 20, 2009 field hearing 2 weeks ago for the Nat- presidency, she concluded that this on the Board of Trade in Chicago, to ural Resources Committee. We toured Capitol Complex was going to be car- encourage people to do more things solar facilities in California. We were bon neutral, which means greenhouse that are more conducive to the envi- in Representative MARY BONO MACK’s gas neutral, which means CO2 gas neu- ronment and produce less CO2 than district and Representative JERRY tral. And having a look at the gener- they would have otherwise. I couldn’t LEWIS’ district. We were on a Marine ating equipment that produces the verify that anybody changed their be- base at Twenty-Nine Palms with my lights that illuminates us tonight, Mr. havior whatsoever for $89,000. I can tell committee cochairman, JIM COSTA, Speaker, it occurred to the gentlelady, you, if somebody wrote me a check for who is from California as well. the Speaker of the House of Represent- $89,000, I would at least consume less We got to tour their solar facilities. atives, that she would need to make a energy, let alone produce that energy And they are about to put at a Marine correction that would make it con- in a more environmentally friendly base at Twenty-Nine Palms 240 acres of sistent with her left coast constitu- fashion. an abandoned lake bed—it is dry, ents. So it went on the Board of Trade So that’s the result of cap-and-trade there’s absolutely nothing on it—in and carbon credits were purchased at a that is being proposed by the Energy solar panels. And they will be able to cost to the American taxpayers of and Commerce Committee today and do that in a way that improves the $89,000 to buy these credits that were probably tomorrow and hopefully the makeup, the mix of renewable and designed to pay people to change their next day and the next day and the next unrenewable resources on that base behavior that was contributing to the day ad infinitum until they decide that that will make it the leading base in greenhouse gas, CO2, and the atmos- the science doesn’t support this and the whole Marine system for renew- phere over all of God’s creation. That the economics doesn’t support it. But ables, because they have wind, solar, $89,000 was invested in two areas. I that comes to mind for me. And, by the and some geothermal. checked this out, and I went to visit way, the electricity that we consume But they probably could not pull that some of the sites. One of them was no- in Iowa, a lot of it comes out of the off if they were not on a nearly 600,000- till farmers in South Dakota. They Powder River Basin in Wyoming. I acre military base, because if you try were no-till farmers before they got the have been up there to look at that, to move that same facility onto public check. They were no-till farmers after where you could put a school bus in the lands in the desert, you encounter en- they got the check. If they actually bucket of the drag line. I’m still a lit- vironmental group resistance to having tilled the ground afterwards, the car- tle confused about square miles versus large solar and wind projects, indus- bon escaped anyway. So if they sell the cubic miles of coal, but I know they trial scale. farm, somebody comes in, puts a disk have a lot of it in the Powder River or a plow to it, it will go back into the Basin. I’m glad to have the power, and b 2045 atmosphere. So the sequestration was I appreciate the rail lines that come So there’s nowhere to go without of- nillo, shall we say. That was the no-till down. I really don’t want captive ship- fending someone in this country. Oil farmers in South Dakota. There was ping going on, but I appreciate the con- and gas development offshore on the also a nice check that was written to nection we have along with the renew- Outer Continental Shelf would be a an electrical generating plant in Chil- able energy that comes out of the Mis- magnificent resource for us, but there licothe, Iowa, that was to pay them to souri River and the seven dams that are environmental groups that have burn switchgrass in place of coal in are on the Missouri River and the hy- testified against that. Industrial-scale order to make the CO2 emissions car- droelectric power that comes, which is wind and solar on deserts in California, bon neutral as opposed to contributing carbon neutral, Madam Speaker. Our groups are testifying against that. Nu- to the CO2 in the atmosphere, which hydroelectric is carbon neutral but it clear, groups are testifying against would come from the net consumption does not get credit for being renewable that. Any hydrocarbon, groups are tes- of coal. Well, I don’t know. This is a energy because Bobby Kennedy Jr. and tifying against that. Coal, there are pretty interesting thing. So I went to others think that however the rivers groups saying there’s no such thing as Chillicothe, Iowa, and I visited the gen- were is how they ought to be reverted clean coal. erating plant. I went into these build- back to and that we can’t improve We have to meet our energy needs as ings that were full of the switchgrass upon Mother Nature. I think God gave human beings, and there are ways to do hay they had purchased several years us these natural resources, and he’s it by using all of the resources we’ve earlier, at the cost to the Federal tax- given us the ability to improve upon discussed in moderation. That is the payer and a government grant, the them. We’ve done so in many cases, Republican response to this issue. To equipment to run these big round bails, and we should do so into the future. do it cleaner, do it better, do it with all 1,500-pound switchgrass bails, through I would be happy to yield to the gen- of the resources that we have at our a hammermill to chew them up into tleman from Texas, the Secretary of disposal in America; disengage from little itty-bitty pieces, to spit them our conference, Judge CARTER, as much our need for foreign oil, because that is into the incinerator and blend them time as he may consume. a national security issue, and produce with the coal dust that would come Mr. CARTER. I thank my friend from our own energy, our own security. Do from the grinding of the coal that Iowa. it in a more environmentally sensitive would allow it to combust at the most As I listened to that story about manner, but don’t diminish our stand- efficient rate. This switchgrass that switchgrass and that we paid those ard of living at the time we do it be- was going to be carbon neutral had people money, I don’t have anything cause it falls more seriously on work- been burned to generate electricity a against them, but it sure sounds like ing-class Americans and poor Ameri- couple years earlier, but—here is some- the inmates are running the asylum cans than it does on rich Americans thing I know—when I’m looking at a around here. I mean, I think anybody when we do something like our na- shed full of switchgrass brown bails, that heard that story would think, tional energy tax, which is proposed and it’s covered with coon manure—not Good Lord, those people are crazy. I under the name of cap-and-tax. cow flatulence but coon manure—they really want to say again—and I’ve said Thank you very much for including probably haven’t burned much of that this before—if you’re trying to stop me in your discussion this evening, and hay in a long time. CO2, and I’m throwing off a bunch of I yield back to the gentleman from So the conclusion that one can draw CO2 in my company, and I can go out Iowa. was actually, 2 years earlier was when and buy some carbon credits from you Mr. KING of Iowa. I thank the gen- they shut down the switchgrass burn- who happens to be running a real good tlelady from Wyoming. ing technique, but yet they were paid clean company, I still keep putting the It occurs to me that if this Congress to burn the switchgrass and to do this stuff in the atmosphere, right? I is to have a nuclear carbon footprint— carbon-neutral approach. So we have haven’t cleaned up my act. I mean, I remember the Speaker when she was, 89,000 taxpayer dollars invested in pur- they put a cap on me. I’m not meeting let me say, sworn into the third-high- chasing carbon credits to provide car- the cap, and I just bought an excuse. est constitutional office in the United bon-neutral emissions for the Capitol Kind of like Al Gore with his 100,000- States of America, third in line for the Complex, to buy these carbon credits foot house—or whatever it is he’s got,

VerDate Nov 24 2008 06:04 May 21, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.143 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5885 or two or three houses—he said, Oh, The SPEAKER pro tempore. The gen- b 2100 that’s all right. I buy carbon credits. tleman has 35 minutes remaining. But the Speaker of the House has He’s still putting the stuff up there in Mr. KING of Iowa. I would be happy been an obstructionist. She has been an the air. to yield as much time as he may con- obstructionist and not allowed any Mr. KING of Iowa. Reclaiming my sume to the gentleman from Georgia, idea that we have proposed for all these time for a moment, I would point out Dr. PAUL BROUN, another one of my things to stimulate the economy, to that the carbon credits are the modern- friends and colleagues. solve the problem we had with the day equivalent of the reason that Mar- Mr. BROUN of Georgia. I thank the housing market and to solve the bank- tin Luther came forward and nailed his gentleman for yielding. ing problem. We have not been allowed. positions up on the Diet of Worms Mr. Speaker, this whole cap-and-tax All of our ideas have been blocked by which is, the church was selling indul- philosophy is a hoax. It’s a hoax. It’s a the leadership of this House and the gences. Carbon credits are indulgences hoax on the American people, and it’s a leadership of the Senate. that allow a company to pay for the Mr. KING of Iowa. Will the gen- carbon emissions that they’re emitting hoax because it’s giving a promise that cannot be fulfilled. We are promised by tleman yield? into the atmosphere. I think that’s Mr. BROUN of Georgia. Absolutely. what the judge is talking about. the Democrats that this is going to Mr. KING of Iowa. I would just ask: Mr. CARTER. I think indulgence is a create green jobs. Going back to what Have all of your ideas been blocked? perfect word because you are allowing the gentleman from Spain said as Mr. How does this work? Can’t you offer an the dirty people to indulge in staying AKIN and you, Mr. KING, were talking amendment that would put up a re- dirty by paying for it. about, he said it cost jobs. Going back corded vote and tell America where Mr. KING of Iowa. For a price. to the figure that you put out, Mr. you stand? What prevents you from at Mr. CARTER. Under this ingenious KING, they had an unemployment rate least telling America where you stand government program we have got now, of 17.5 percent because of their cap-and- so that they can evaluate the votes of all they’re doing is just paying more tax, cap-and-trade policy that they put people on both sides of the aisle and taxes. in place. The experts have looked at make their decision in November of Mr. KING of Iowa. Sin tax. our economy, at our job market, and 2010? What is the obstruction there? Mr. CARTER. It is a sin tax. That’s we’re being promised green jobs. But Mr. BROUN of Georgia. Absolutely. exactly right. It’s a sin tax. It is ludi- the experts say that for every single And I have offered an amendment to crous to think it’s going to reduce any green job that’s produced, we’re going the non-stimulus bill. I offered an carbon, CO2 that goes into the atmos- to lose 2.2 other jobs, a net loss of 1.2 amendment that said, let’s bail out the phere. Because as long as a guy wants jobs for every job created in this false American people instead of bailing out to pay the taxes, he’s in business. Let’s promise, this empty promise of cre- all these favorable groups, the payback face it, if I’m the guy that’s paying the ating jobs. groups. In fact, the Democrats were sin credit, the indulgence, well, if I can Now to buy off some certain groups, bent on spending $835 billion of our pass it on down to the neighbors down particularly the retirees and the poor grandchildren’s and children’s future. I the street in their bill, that’s where it’s people, they’re going to give—who said, if we are going to do that, let’s going to go. So those poor slobs are knows what, refundable tax credits— really do something that stimulates paying the tax. Why should I worry the President and Mr. WAXMAN and the economy. Let’s send that money to about it? Why is that going to keep me others are promising to give more the legal resident taxpayers in this from putting CO2 into the atmosphere? money to the poor people to take care country. And I introduced an amend- This is insanity, but that’s where we of this higher tax, higher food cost, ment that would have sent a check for are. higher cost for all goods and services. almost $9,000 per legal resident tax- Mr. KING of Iowa. Passing it on to Where’s that going to come from? It’s payer. A couple would have gotten the consumer is what this is about. We going to steal from my grandchildren. $18,000. That would have stimulated the have seen the numbers that show that It’s stealing from their future. Don’t be economy because they would have paid an MIT professor has done the calcula- fooled by this hoax, by all the smoke off credit card bills. They would have tion on the costs of the proposal on and mirrors, by all this promise be- saved it. They would have bought edu- this cap-and-tax that’s out before this cause it’s not going to do anything but cation or food. Congress and put a macronumber on cost jobs. It’s going to create a higher Mr. KING of Iowa. If the gentleman the cost to our economy. Then some in- cost of living for everybody, and it’s would yield, then why didn’t I see that genious people who just simply took amendment on the floor of the House of the average number of persons in a going to put us in a deeper recession, maybe even a depression if we continue Representatives and have an oppor- household, which is calculated to be tunity to send a message to my con- down this road. Republicans have of- 2.54, and divided that into the overall stituents about how I would like to see fered amendment after amendment in cost to our economy, the increased cost this economy managed? Is there a rea- the committee, but they’ve been de- of energy that has to do with cap-and- son that blocked that from coming to feated by the Democrats. Amendments tax. They concluded that each house- the floor? hold would see their energy costs go up to even just stop this from going into Mr. BROUN of Georgia. Absolutely. annually by $3,128 a year. Then the pro- place if the gas taxes or gas costs go And I thank you for asking because fessor at MIT said, Oh, wait a minute. too high or if electric prices go too that is exactly what I was referring to. I’m real sorry I released the number high or if other prices go too high for Every single idea, my idea as well as because I don’t like the result of the the American people. But the Demo- many others, have been blocked. They conclusion that came about because of crats have voted uniformly not to ac- have been obstructed. My amendment the division of the numbers of persons cept those amendments over and over was considered not to be valid. And in a household and the cost per house- again. they just totally would not allow my hold that would be the increase in the Congresswoman LUMMIS from Wyo- amendment to even be considered on cost of all of our energy, electrical, our ming talked very eloquently about this floor. heat, our gas bill, our gasoline bill and some of the ideas that Republicans are Mr. KING of Iowa. Reclaiming my our fuel oil and all of those things that producing. The American people are time, the Rules Committee, which is up are required to keep each household told that the Republican Party is the there on the third floor, meets without going. That’s what’s going on here. Party of No. Well, I agree with that. the benefit of television cameras and This is almost to the point where it’s a We are the Party of No, but the know often without the benefit of the news religion that believes in something is K-N-O-W. We know how to solve this media even reporting it. They can de- that isn’t based upon a science. Now economic downturn. We know how to cide whether your idea can be heard on I’m great with faith, but I’m not so solve some of the financing problems in the floor of the House of Representa- good with faith that’s based upon pseu- health care. We know how to create an tives. And often the Rules Committee do-science. all-of-the-above solution to the energy decides that your idea will not be heard I would ask the Speaker, how much problem to make America energy inde- and it will not see the light of day. Is time do we have remaining? pendent. that correct?

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.144 H20MYPT1 jbell on PROD1PC69 with HOUSE H5886 CONGRESSIONAL RECORD — HOUSE May 20, 2009 Mr. BROUN of Georgia. You are abso- to be heard, what is going to be de- This process is corrupted, Mr. Speak- lutely correct, Mr. KING. That is ex- bated and what is going to be voted on er, and it is because the process doesn’t actly what has happened. That is what here on the floor of the House of Rep- work. If it can change after it comes has happened over and over again. And resentatives. And so I think that that out of the committee, if it can change I want to remind the gentleman from is an educational process that needs to out of the Energy and Commerce Com- Iowa, my dear friend, that over and take place. And as I have gone before mittee, if it can change out of the Judi- over again, we see these bills come to the Rules Committee, and I have found ciary Committee, if it can be changed the floor with what is called a closed out that no matter how good my idea at the direction of the chairman out of rule. Now we know here in the House is, I actually have come down to the the Financial Services Committee, and what that means. That means we can- floor here and into the RECORD, it is a if the Rules Committee can decide and not amend the bill. They will not ac- matter of record, I have said that we the Speaker can direct them to decide cept our amendments. They have their need to get television cameras up there what comes to this floor, then the bills shoved down the throats of the so at least the American people can see American people don’t even have the American people. That is the reason the behavior of the Rules Committee benefit of the debate, let alone the op- I’m calling what is going on here a carte blanche wiping out good idea portunity to improve and perfect legis- steamroller of socialism. That is being after good idea. lation, which is a provision by our shoved down the throats of the Amer- Additionally, it isn’t just the Rules Founding Fathers. Committee. It is the full committee And I would yield to the gentleman ican people and strangling the Amer- process. And I can think of three occa- from Georgia to reiterate my point. ican economy Mr. BROUN of Georgia. Thank you, Mr. KING of Iowa. Am I hearing that sions, Mr. Speaker, where the com- Mr. KING, for bringing this up. The the Speaker of the House of the Rep- mittee chair has either allowed his staff, or directed his staff, to change a American people need to understand resentatives, NANCY PELOSI, is the one bill after it passed out of committee to this. And I think this is something that who has the power and does decide go to the floor. And I can think of the you made very clear. What they did is what will be voted on on the floor of case of the stimulus package where all of your hard work, and all of En- the House of Representatives, and the there was a 12-hour markup in Energy ergy and Commerce’s hard work, was people of America have no access to and Commerce, the ranking member, just thrown in the trash can. And who being able to know what your position former chairman, JOE BARTON, was was involved in doing that? It was the is or what the position is of Democrats livid that they spent 12 hours marking leadership of this House. It was thrown and Republicans because it is being up, writing, trying to amend and seek- in the trash can. It didn’t go through blocked by the Speaker and by the ing to perfect legislation that was the the normal process, normal ‘‘order’’ as Rules Committee? That is how I under- stimulus package that was initiated at we call it here. It was thrown in the stand that. the request of the President, having trash can. And something else was pro- And I would yield to the gentleman seen that bill finally pass out of the duced by just a very small handful of from Texas to clarify that point. Energy and Commerce Committee and people. And we had no way of changing Mr. CARTER. Let me make this very come to the Rules Committee and that, no way of amending it and no way clear. The Rules Committee is the come to this floor in a different form, of doing anything with it. It was Speaker’s committee. The Speaker de- the committee had no say in the end. It shoved down our throats. cides who is on the Rules Committee. was a mock markup in Energy and That is an oligarchy type of rule. It So this Rules Committee is an arm of Commerce. is a dictatorial manner of running the Speaker’s committee. Like one of Subsequent to that, the bankruptcy things. And the American people need my Democratic colleagues who went bill came out of the Judiciary Com- to know that that’s what is going on up before the Rules Committee said just mittee, where I sit and where Judge here. And the Republicans are offering the other day, he was sort of nervous CARTER and I used to sit arm to arm. I solution after solution to all these until he went in and he counted one, offered an amendment that would set things. The American people need to two, three, four, five, six; one, two, up special provisions for people who start demanding something different. three, four, oh, I think I’m going to went bankrupt because of their house It is up to the American people. Be- win because there are six Democrats mortgages. I offered an amendment cause we are in a minority, we can be and four Republicans. But the Speaker that would have exempted those who here talking tonight and every night, chooses that committee. They answer have fraudulently misrepresented their as we are, and Mr. AKIN has been here to the Speaker. And the chairman is income, their assets or the appraisal of week after week, and you too have, Mr. set by the Speaker. the property. It would have exempted KING. But the American people need to Mr. KING of Iowa. Reclaiming my them from relief under the bankruptcy stand up and say ‘‘no’’ to the way this time, I would make also three addi- bill. That amendment was passed in business is going on up here. tional points to this process. the Judiciary Committee by a vote of Let’s go back to regular order. Let’s Mr. Speaker, the American people 21–3. After the bill passed out of the Ju- go back to having debate and being don’t care about process. But I’m about diciary Committee, the language was able to bring forth ideas from both to address process again. It has been changed before it came to the floor. sides of the aisle. But we are not al- raised by the gentleman from Georgia Then just a little over 1 week ago, on lowed to do that by the leadership of and addressed by the gentleman from the Financial Services Committee, this House. It is wrong. It is immoral. Texas. And I will say this, that not there was an amendment offered by It needs to stop. And the American only do we have a Rules Committee MICHELE BACHMANN of Minnesota. I people need to demand it to be stopped. that decides what the American people think she is Minnesota Number 5. And Mr. KING of Iowa. Reclaiming my get to know about the opinions by re- that amendment would have exempted time, the gentleman from Georgia, I corded vote here on the floor of the any proceeds of the bill from going to thank you for your statement on this House of Representatives, because no ACORN, an organization that had been matter. And I would reiterate that matter what kind of logical improve- indicted and was under investigation each of us represents somewhere be- ment that may come to perfect legisla- by the Federal Government for election tween 600 and 700,000 Americans. The tion from the minds and hearts of the fraud. And that amendment passed franchise is this, Mr. Speaker, we owe American people, as brought through unanimously out of the Financial Serv- all our constituents our best effort and the minds and hearts of their elected ices Committee. It should have come to our best judgment. And a lot of that representatives, if the Speaker’s Rules the floor as part of the bill. It was to- best judgment comes from our con- Committee doesn’t think it is a good tally changed, I believe, at the direc- stituents who are tuned into those idea for that debate to take place, let tion of the chairman of the Financial issues who funnel those ideas to us. alone the vote to take place, it will not Services Committee to limit it to only And we need to sort those ideas, and happen, Mr. Speaker. That is what hap- those companies that had been actu- then we need to bring them back into pens here in the House of Representa- ally convicted of fraud, not those that the process in the hearing process in tives. It is a distorted process. And the had admitted to fraudulently filing the subcommittee and in the full com- rules regulate how much, what is going over 400,000 voter registration forms. mittee markup process and in the

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.146 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5887 Rules Committee and in debate on the program that can put almost 20 percent that you envision, Mr. Speaker. Now, floor of the House of Representatives. of the American workforce out of how much of this overall volume of the And the vision of the Founding Fathers work? Isn’t this the inmates running U.S. atmosphere is the cumulative is this, that the best ideas of America the asylum? total of CO2 contributed by the U.S. in- get synthesized, they get compressed b 2115 dustrial might since the dawn of the and encapsulated here through this industrial revolution? That little circle process that I have described finally Mr. KING of Iowa. Reclaiming my in the middle of that 8-foot circle being debated and voted upon on the time. would be about like that, .56 inches. floor of the House of Representatives. This sparks a little bit of a number of The diameter of about a buffalo bullet And there the vigor of the American some data that I produced about not is about all it would be in the center of people can be presented to the United quite a week ago. I have been asking that 8-foot circle, and that’s the cumu- States Senate for them to cool the cof- the question, How do you put this glob- lative total. fee in the saucer as opposed to the hot- al warming in context, Mr. Speaker? And we are going to reduce the over- ter cup that comes from the House. And so I begin to ask these basic ques- all U.S. emissions by 20 percent for a That is the vision of our Founding Fa- tions that any environmentalist that while and then 40 percent for a while thers. That is the vision that is being was creating the idea of limiting the and 83 percent for a while. And sooner usurped by the policies of our regal amount of greenhouse gasses that or later, the arrogance and the vanity Speaker who has undermined our na- could be emitted into the atmosphere, of America is going to adjust the ther- tional security. when asked this broader question of, mostat of God’s green Earth with a And I would yield to the gentleman well, how big is this atmosphere—I ratio of less than half an inch on an 8- from Texas. mean, that is like question number foot diameter circle. How could we pos- Mr. CARTER. We should be very one: How big is the atmosphere? And I sibly imagine that could work? Where grateful that the Speaker promised us don’t think anybody here knows the is Al Gore when I need him to explain the most open, honest and ethical Con- answer to that question, Mr. Speaker. this to me? gress in the history of the Republic be- And I would ask you this question di- I will say this. Al Gore, you were cause think how bad it would be if we rectly, but I don’t want to put you on wrong on the science. And those of you didn’t have that. We wouldn’t even be the spot. I just want you to listen care- who are busily marking up in Energy here, would we? It is amazing what fully. That is that our atmosphere, the and Commerce a cap-and-tax bill promises are made and what promises total weight—this is how we measure it today, tomorrow, the next day, and for are broken in this House of Representa- in metric tons—the total weight of our eternity, are utterly wrong on the eco- tives. It is a shame. It is a shame that atmosphere is 5.150 quadrillion metric nomics. You would handicap America’s somebody besides us on the floor of the tons. That’s the pressure of all of this economy on some myopic idea, some House, and hopefully some people are atmosphere that’s pushing down on the vanity idea that we could control the watching this, it is a shame, Mr. Earth’s gravity. If you could put a Earth’s temperature, set the thermo- Speaker, that we are not getting that scale on all of the surface of the Earth, stat of America by reducing the size of message out. This is wrong. It is not they would say, Oh, 5.150 quadrillion this .56 circle in the middle of the 8- what the American people sent us here metric tons. That’s all the atmosphere foot diameter. That’s what we are deal- for. we have. ing with. That’s Midwestern common Getting back to our hoax and our in- Now, that’s the idea or the content of sense. And we’re dealing with the utter dulgences that we are talking about the volume of our atmosphere. arrogance of people who believe this here, I want everybody to know that Then the next question you’ve got to rather than the God that created this when Martin Luther hammered that up ask is, well, if you’re going to set the Earth. on the door of the church, he was in- Earth’s thermostat by controlling the Mr. CARTER. Well, you forgot that forming the church that this was emissions into the atmosphere from there is one other source of CO2 that wrong to have these indulgences. We the industry of the United States of we haven’t figured out how to tax on it, need to be pounding one on the front America, wouldn’t you want to know but I’m sure they’re working on it. door of this Capitol Building. This is what the net cumulative total of the We’ve created some today as we’ve wrong to put this burden on the Amer- U.S. industry since the dawn of indus- been in here. ican people, some of whom really can’t trial revolution would actually be? I had a lady when I was doing a town- afford it, and many of whom are losing Well, I asked the question of the en- hall meeting. We were talking about their jobs. And to give us a target of ergy information agency that we energy, and she said, You know, I’m 171⁄2 percent unemployment that we have—and it’s their job—and of course concerned about these emissions be- can see could come in a much less in- they don’t have the answer to that because I want my children to be able to dustrialized nation than we are and cause they never asked the second breathe clean air. And I said, Do you what happened there, think what can most obvious question. The first one is ever lean over and kiss your kid happen in this Nation. how big is the atmosphere. The second goodnight? She said, Yeah, I do. I said, Mr. KING of Iowa. The President of one is what has the Earth done or what Do you realize when you breathe out the United States has said, why can’t has America done to contribute to the you’re breathing CO2 into that child’s you learn from Spain? greenhouse gasses, the CO2 within the face? She stopped. She said, You know? Mr. CARTER. What we learned from atmosphere? The cumulative total con- That is right. I said, You’re going to Spain is 171⁄2 percent unemployment. tributed by the U.S. industrial giant have to stop breathing in the presence My gosh, back during the Clinton ad- since 1800 works out to be this: of your child. 1 ministration they kept saying 6 ⁄2 per- 178,792,900 metric tons of CO2. This gas we’re talking about we are cent, 6 percent unemployment was full Now, what’s that mean to anybody all breathing out every breath and all employment. Well, we have learned that’s paying attention? I’m sure there animals are doing the same thing and that is not true. But there is nobody is somebody out there that’s run the all plants are loving it because they going to argue 171⁄2 percent unemploy- calculator and already come to this take it in. And guess what they give ment is full employment. We are going conclusion. This would be .00347 per- back? Oxygen for us. It’s crazy. It’s to be hurting. cent of the overall atmosphere. really crazy what we’re talking about. We just spent, as my colleague says, Now, what does that mean in terms But that number needs to be added in our children and grandchildren and we can understand? This way, Mr. there. Maybe we should limit ourselves great grandchildren and maybe even Speaker. If you would draw a circle to 30 breaths a minute. for generations never even thought of, that represented the entire volume of Mr. KING of Iowa. Or allow the mir- we just spent their inheritance just in the Earth’s atmosphere and do it at a acle of photosynthesis to solve this the first 100 days of the Obama admin- 48-inch radius, 8-foot circle—so two 4- problem of mothers kissing their chil- istration. We spent more money than by-8 sheets of drywall side to side, cir- dren goodnight. all the history of the Republic put to- cle drawn, full amount, more than my I will yield to the other judge from gether. And we are wanting to put in a full wingspan here, that’s the circle Texas, Mr. GOHMERT.

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.147 H20MYPT1 jbell on PROD1PC69 with HOUSE H5888 CONGRESSIONAL RECORD — HOUSE May 20, 2009 Mr. GOHMERT. I appreciate my other judge from Texas and the doctor Is there a bigger mistake that has friend from Iowa for yielding, and I ap- from Georgia. I pose this to all of my been made in the history of the United preciate being in the presence of my Democrat friends over on this side of States Congress other than handi- former judge, my friend Judge CARTER, the aisle. Can you envision any pro- capping the U.S. economy by applying and my doctor friend, Dr. BROUN. gram that would transfer more jobs a cap-and-tax program? Can you think Now, I was talking with a group from from America to the developing coun- of anything, Judge CARTER, that has Baylor University working on their tries than cap-and-tax? Is there any- happened in the last 200-and-some MBA here in Washington, and, of thing out there that would be worse for years? course, the rules are you don’t ac- our economy? If you have an idea, Mr. CARTER. One of the things that knowledge people in the gallery, so I stand. I will yield to you. I will be very comes to mind is tariffs. Tariffs won’t do that. happy to yield this microphone to any- brought on the Great Depression. I But one thing they understand, as so- body on this side of the aisle that be- don’t know what you’re fishing for. phisticated as the Baylor MBA pro- lieves that Judge GOHMERT would hap- Mr. KING of Iowa. Let me make this gram is, they understand that if you pen to be wrong or I happen to be statement that Smoot-Hawley didn’t find yourself in a hole, it’s time to stop wrong that there is any means that can put on our economy nearly as much digging. And the economy is in a hole, more cripple America’s industry or burden as we would have with cap-and- and we’ve been digging. And we’re cost our economy more or transfer tax. This taxation is the most ineffi- spending so much, we’re digging a big- more jobs to foreign countries than cient taxation ever devised in the his- ger hole. And we’ve got manufacturers cap-and-tax that’s being debated right tory of the United States of America. leaving the country because we’re now in Energy and Commerce. I say It applies about $5 worth of tax for digging ourselves a bigger hole. none. You don’t ask me to yield. That every dollar that ends up in the Fed- And when, as some of us have, you means you have no better idea. eral coffers, and otherwise it has no travel to China, Why did you move I will yield to the gentleman from impact whatsoever. It is a tax. It is an your industry here? they tell you—the Georgia instead. 80 percent overburden for a 20 percent number one answer I got was because Mr. BROUN of Georgia. It’s a great revenue stream. That’s how bad cap- the corporate tax is so—it’s less than question. and-tax is. And I believe it’s the most half of what it is in the U.S.—17 per- In my district in Georgia, the 10th colossal mistake—if it’s done—in the Congressional District in Georgia cent. And they will cut you a deal. If history of the United States Congress. you bring them a big enough industry, where many counties already have I yield to the gentleman from Geor- they’ll cut some off of that for years. right now, today, right at a 14 percent gia. We’ve got 35 percent, and I believe it’s unemployment rate, I’ve been told by a Mr. BROUN of Georgia. I absolutely number of manufacturers that are still the most insidious tax that there is in agree with you, Mr. KING. I don’t be- left here in this country that if this this country because we tell the Amer- lieve there’s been a bigger colossal fail- cap-and-tax bill goes through, they’re ican people that you don’t have to pay ure to the American people than this shutting the doors. They’re moving off- it. We’ll tax these greedy, evil corpora- proposed cap-and-tax—tax-and-cap, as I shore. They cannot afford to continue tions, but you don’t have to worry call it. It’s going to be disastrous for to operate in this country. And they’re about it. And they don’t realize, be- our economy. It’s going to be disas- going to do that. It’s going to drive up cause the Congress misleads them, that trous for everything that we believe in the unemployment rate in my district they’re the ones that pay it because if as a Nation. that’s already at 14 percent in many they don’t, the corporation cannot stay Right now today, this government is counties. spending too much money, it’s taxing in business. Mr. KING of Iowa. So the gentleman So here we are with this insidious tax agrees with my conclusion. too much, as Judge CARTER was talk- that hurts our corporations trying to Mr. BROUN of Georgia. Absolutely. ing about. We have the highest cor- compete worldwide, and we’re losing Nothing could be worse except for porate tax rate in the world, which is jobs. The economy is in the crapper, maybe the budget that has been pro- driving companies offshore and it’s and we are trying to bring it up. And duced by this administration. causing unemployment. We’re bor- we’re bringing the economy back up, Mr. KING of Iowa. Let me pose a rowing too much. We’re borrowing our and what happens? Along comes this question. What would be, in the history children’s and our grandchildren’s fu- cap-and-trade idea that is going to fur- of the United States of America, today, ture. They’re going to live at a lower ther tax businesses that are producing including potentially a cap-and-tax bill standard of living than we do today the jobs in America that keep people that’s before the Energy and Commerce with the policies that we’ve seen just working and keep people eating and Committee today, what would be the over the last about 120 days already living and surviving. And we’re going most colossal mistake ever made in the today. And this cap-and-tax policy is to add another tax that those in China history of the United States Congress? going to make it magnified markedly. are not going to pay. And it is hurting In your opinion. And then I want to We’ve got to stop the spending. We’ve the country. hear the opinion from the gentleman got to stop the taxing. We’ve got to Mr. KING of Iowa. Will the gen- from Texas as well. stop the borrowing, and we’ve got to tleman yield? Mr. CARTER. We know the corporate put America back on track. I would ask the gentleman from tax drives people offshore looking for a And what I want to say before I yield Texas, can you think of some program, better tax structure. We know right back is that the American people need a tax or any other program that would now in just a competitive market we to understand that the Republicans are more effectively transfer jobs to China, have the Chinese offer cheaper natural the ‘‘party of know,’’ k-n-o-w, because India, and developing countries other gas than the Americans. So if you’re we know how to solve all these prob- than cap-and-tax here in the United powering your plant by natural gas and lems if we’ll just be allowed to do so. States? you’re paying that corporate tax struc- Mr. KING of Iowa. Reclaiming my Mr. GOHMERT. I appreciate my ture, just in today’s world, there is a time and presuming that we have a friend yielding. lure to go overseas to China. couple of minutes left. I can’t think of one. This will drive Now, you come in and you’re going to The SPEAKER pro tempore. Two so many jobs overseas. It’s like some- add 30 percent to the cost of every- minutes. body is sitting back thinking, How can thing. Why in the world would you not Mr. KING of Iowa. I thank the Speak- we further hurt the economy? Let’s do think it’s the absolutely worst thing er for that acknowledgment. that. And some genius came up with that could happen? We’re probably We have watched this free enterprise cap-and-tax. going to get trampled if we don’t get system be subverted, and it’s been sub- Mr. KING of Iowa. Reclaiming my out of the way as they head for the verted almost systematically and in a time. west coast to get on a boat to go to Machiavellian fashion and a fashion so I want to pose this question, and this China. much faster than I ever would have is the question I posed to the judge Mr. KING of Iowa. Reclaiming my imagined it could have done. I’ve from Texas and I posed this to the time. watched class envy be implemented as

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.148 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5889 a political tool that pit Americans (The following Members (at the re- the Department’s final rule — Astringent against Americans and say to them, quest of Ms. KAPTUR) to revise and ex- Drug Products That Produce Aluminum Ace- You don’t have to worry about your car tend their remarks and include extra- tate; Skin Protectant Drug Products for Over-the-Counter Human Use; Technical payment, your utility bill, or your rent neous material:) Amendment [[Docket No.: FDA-1978N-0007] or house payment because sooner or Ms. WOOLSEY, for 5 minutes, today. (Formerly Docket No.: 78N-021A)] (RIN: 0910- later, the Federal Government is going Ms. KAPTUR, for 5 minutes, today. AF42) received May 4, 2009, pursuant to 5 to cover that. Mr. QUIGLEY, for 5 minutes, today. U.S.C. 801(a)(1)(A); to the Committee on En- ergy and Commerce. b 2130 (The following Members (at the request of Mr. MORAN of Kansas) to re- 1913. A letter from the Director, Regula- We’re going to take from those who vise and extend their remarks and in- tions Policy and Mgmt. Staff, Department of Health and Human Services, transmitting produce more, and we are going to give clude extraneous material:) it to people who produce less. It’s a the Department’s final rule — Food Addi- Mr. LINCOLN DIAZ-BALART of Florida, tives Permitted for Direct Addition to Food matter of a political tool that says you for 5 minutes, today and May 21. for Human Consumption; Vitamin D2 [[Dock- are not really entitled to what you Ms. FOXX, for 5 minutes, today and et No.: FDA-2007-F-0274] (formerly Docket earn but you are entitled to what you May 21. No. 2007F-0355)] received May 4, 2009, pursu- claim you need. Mr. WOLF, for 5 minutes, today. ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. And so this statement was made this Mr. MCCOTTER, for 5 minutes, today 1914. A letter from the Director, Regula- morning by Star Parker, who is a won- and May 21. derful, wonderful American citizen. tions Policy and Mgmt. Staff, Department of f Health and Human Services, transmitting She said the policy, as exists now in the Department’s final rule — Food Addi- America, is that if somebody has some- ENROLLED BILLS SIGNED tives Permitted for Direct Addition to Food thing that you want, you go hire politi- Lorraine C. Miller, Clerk of the for Human Consumption; Silver Nitrate and cians to take it from them and give it House, reported and found truly en- Hydrogen Peroxide [[Docket No.: FDA-2005- to you. That’s what’s going on in F-0505] (formerly Docket No.: 2005F-0138)] re- rolled bills of the House of the fol- ceived May 4, 2009, pursuant to 5 U.S.C. America today, this America that was lowing titles, which were thereupon a meritocracy, an America that when 801(a)(1)(A); to the Committee on Energy and signed by the Speaker: Commerce. my grandmother came here from Ger- H.R. 131. An act to establish the Ronald 1915. A letter from the Director, Regu- many a little over 100 years ago, people Reagan Centennial Commission. latory Management Division, Environmental stood on their own two feet, provided H.R. 627. An act to amend the Truth in Protection Agency, transmitting the Agen- for themselves, and reached out and Lending Act to establish fair and trans- cy’s final rule — Approval and Promulgation helped others. Where my father and his parent practices relating to the extension of of Implementation Plans; New Jersey Rea- family were raised off of the coins in credit under an open end consumer credit sonable Further Progress Plans, Reasonably plan, and for other purposes. Available Control Technology, Reasonably the cookie jar, today it’s the coins of Available Control Measures and Conformity those who are working being passed f Budgets [EPA-R02-OAR-2008-0497, FRL-8905-7] over to those who don’t, Mr. Speaker. SENATE ENROLLED BILL SIGNED received May 13, 2009, pursuant to 5 U.S.C. We cannot be the most successful Na- 801(a)(1)(A); to the Committee on Energy and tion in the history of the world if we do The Speaker announced her signa- Commerce. not refurbish the pillars of American ture to an enrolled bill of the Senate of 1916. A letter from the Director, Regu- exceptionalism. If we don’t reestablish the following title: latory Management Division, Environmental Protection Agency, transmitting the Agen- S. 896.—An act to prevent mortgage fore- the merits of our free enterprise cap- cy’s final rule — Delegation of New Source closures and enhance mortgage credit avail- italistic system, if we don’t refurbish Performance Standards and National Emis- ability. the property rights that are there, if sion Standards for Hazardous Air Pollutants we fail to refurbish the rights that f for the States of Arizona, California, Hawaii, and Nevada [EPA-R09-OAR-2008-0860; FRL- come from God, that are conferred ADJOURNMENT through our Declaration and reiterated 8905-8] received May 13, 2009, pursuant to 5 by our Founding Fathers, that these Mr. BROUN of Georgia. Mr. Speaker, U.S.C. 801(a)(1)(A); to the Committee on En- ergy and Commerce. rights come from God and that they’re I move that the House do now adjourn. The motion was agreed to; accord- 1917. A letter from the Chief of Staff, Media natural rights and it falls under nat- Bureau, Federal Communications Commis- ural law, if we fail to refurbish the pil- ingly (at 9 o’clock and 32 minutes sion, transmitting the Commission’s final lars of American exceptionalism, we p.m.), the House adjourned until to- rule — In the Matter of Amendment of Sec- have seen the apex of our civilization. morrow, Thursday, May 21, 2009, at 10 tion 73.622(i), Final DTV Table of Allot- The charge is on all of us. The charge a.m. ments, Television Broadcast Stations. (Bryan, Texas) [MB Docket No.: 09-34 RM- is on Democrats to wake up to this f 11522] received May 4, 2009, pursuant to 5 fact, and the charge is on Republicans EXECUTIVE COMMUNICATIONS, U.S.C. 801(a)(1)(A); to the Committee on En- to wake America up to this fact. And I ETC. ergy and Commerce. am committed to this cause, as are my 1918. A letter from the General Counsel, colleagues here in the House of Rep- Under clause 2 of rule XXIV, execu- Fed. Energy Regulatory Comm., Federal En- resentatives, including the judge from tive communications were taken from ergy Regulatory Commission, transmitting Texas and the doctor from Georgia. the Speaker’s table and referred as fol- the Commission’s final rule — Modification lows: of Interchange and Transmission Loading f Relief Reliability Standards; and Electric 1910. A letter from the Director, Regu- LEAVE OF ABSENCE Reliability Organization Interpretation of latory Management Division, Environmental Specific Requirements of Four Reliability By unanimous consent, leave of ab- Protection Agency, transmitting the Agen- Standards [Docket Nos.: RM08-7-000 and sence was granted to: cy’s final rule — Carbofuran; Final Tolerance RM08-7-001; Order No.: 713-A] received May Revocations [EPA-HQ-OPP-2005-0162; FRL- Mr. BRALEY of Iowa (at the request of 14, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 8413-3] received May 13, 2009, pursuant to 5 the Committee on Energy and Commerce. Mr. HOYER) for today on account of U.S.C. 801(a)(1)(A); to the Committee on Ag- son’s high school graduation. 1919. A letter from the Executive Vice riculture. President and Chief Financial Officer, Fed- Mrs. BACHMANN (at the request of Mr. 1911. A letter from the Director, Regula- eral Home Loan Bank of Chicago, transmit- BOEHNER) for today and the balance of tions Policy and Mgmt. Staff, Department of ting the 2008 management reports and state- the week on account of the passing of Health and Human Services, transmitting ments on the system of internal controls of her father-in-law. the Department’s final rule — New Drug Ap- the Federal Home Loan Bank of Chicago, plications and Abbreviated New Drug Appli- pursuant to 31 U.S.C. 9106; to the Committee f cations; Technical Amendment [Docket No.: on Oversight and Government Reform. SPECIAL ORDERS GRANTED FDA-2009-N-0099] received May 4, 2009, pursu- 1920. A letter from the Director, Depart- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment of Justice, National Drug Intelligence By unanimous consent, permission to on Energy and Commerce. Center, transmitting the Department’s re- address the House, following the legis- 1912. A letter from the Director, Regula- port entitled, ‘‘National Gang Threat Assess- lative program and any special orders tions Policy and Mgmt. Staff, Department of ment 2009 (NGTA 2009)’’; to the Committee heretofore entered, was granted to: Health and Human Services, transmitting on the Judiciary.

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K20MY7.149 H20MYPT1 jbell on PROD1PC69 with HOUSE H5890 CONGRESSIONAL RECORD — HOUSE May 20, 2009 1921. A letter from the Attorney Advisor, Ms. PINGREE of Maine: Committee on fixed site, and for other purposes; to the Department of Homeland Security, transmit- Rules. House Resolution 463. Resolution pro- Committee on Energy and Commerce. ting the Department’s final rule — Draw- viding for consideration of the conference re- By Ms. WOOLSEY (for herself, Ms. bridge Operation Regulations; Smith Creek port to accompany the bill (S. 454) to im- ROYBAL-ALLARD, and Mrs. MALONEY): at Wilmington, NC [USCG-2008-0302] (RIN: prove the organization and procedures of the H.R. 2515. A bill to amend the Family and 1625-AA09) received May 13, 2009, pursuant to Department of Defense for the acquisition of Medical Leave Act of 1993 to allow leave to 5 U.S.C. 801(a)(1)(A); to the Committee on major weapon systems, and for other pur- address domestic violence, sexual assault, or Transportation and Infrastructure. poses (Rept. 111–125). Referred to the House stalking and their effects, and to include do- 1922. A letter from the Attorney, Coast Calendar. mestic partners under the Act, and for other Guard Office of Regulations and Administra- Mr. ARCURI: Committee on Rules. House purposes; to the Committee on Education tive Law (CG-0943), Department of Homeland Resolution 464. Resolution providing for con- and Labor, and in addition to the Commit- Security, transmitting the Department’s sideration of the bill (H.R. 915) to amend tees on Oversight and Government Reform, final rule — Special Local Regulations for title 49, United States Code, to authorize ap- and House Administration, for a period to be Marine Events; Severn River, College Creek, propriations for the Federal Aviation Admin- subsequently determined by the Speaker, in Weems Creek and Carr Creek, Annapolis, MD istration for fiscal years 2009 through 2012, to each case for consideration of such provi- [Docket No.: USCG-2008-0154] (RIN: 1625- improve aviation safety and capacity, to pro- sions as fall within the jurisdiction of the AA08) received May 13, 2009, pursuant to 5 vide stable funding for the national aviation committee concerned. U.S.C. 801(a)(1)(A); to the Committee on system, and for other purposes (Rept. 111– By Mr. KIRK (for himself, Mr. DENT, Transportation and Infrastructure. 126). Referred to the House Calendar. Mrs. BIGGERT, Mr. BOUSTANY, Mr. 1923. A letter from the Attorney Advisor, PLATTS, Mr. PAULSEN, Ms. GINNY f Department of Homeland Security, transmit- BROWN-WAITE of Florida, Mr. SCHOCK, ting the Department’s final rule — Safety PUBLIC BILLS AND RESOLUTIONS Mr. TIBERI, Mr. WILSON of South Zone: Corrections; Hatteras Boat Parade and Carolina, Mr. LANCE, Ms. FOXX, and Firework Display, Trent River, New Bern, Under clause 2 of rule XII, public Mr. REICHERT): NC [Docket No.: USCG-2008-0309 (formerly bills and resolutions of the following H.R. 2516. A bill to guarantee the rights of USCG-2008-0046)], pursuant to 5 U.S.C. titles were introduced and severally re- patients and doctors against Federal restric- 801(a)(1)(A); to the Committee on Transpor- ferred, as follows: tions or delay in the provision of privately- tation and Infrastructure. funded health care; to the Committee on En- By Mrs. KIRKPATRICK of Arizona (for ergy and Commerce, and in addition to the 1924. A letter from the Attorney Advisor, herself and Mr. FLAKE): Department of Homeland Security, transmit- Committee on Ways and Means, for a period H.R. 2509. A bill to secure Federal owner- to be subsequently determined by the Speak- ting the Department’s final rule — Safety ship and management of significant natural, er, in each case for consideration of such pro- Zone; BWRC ’300’ Enduro; Lake Moolvalya, scenic, and recreational resources, to provide visions as fall within the jurisdiction of the Parker, AZ [Docket No.: USCG-2008-0245] for the protection of cultural resources, to committee concerned. (RIN: 1625-AA00) received May 13, 2009, pursu- facilitate the efficient extraction of mineral By Ms. BALDWIN (for herself, Ms. ROS- ant to 5 U.S.C. 801(a)(1)(A); to the Committee resources by authorizing and directing an ex- LEHTINEN, Mr. BERMAN, Mr. CAPUANO, on Transportation and Infrastructure. change of Federal and non-Federal land, and Mr. ELLISON, Mr. ENGEL, Ms. HAR- 1925. A letter from the Attorney Advisor, for other purposes; to the Committee on Nat- MAN, Mr. HOLT, Mr. KENNEDY, Mr. Department of Homeland Security, transmit- ural Resources. LANGEVIN, Mrs. MALONEY, Ms. MAT- ting the Department’s final rule — Safety By Mrs. DAVIS of California (for her- SUI, Ms. MCCOLLUM, Mr. MCDERMOTT, Zone; BWRC Annual Thanksgiving Regatta; self and Mr. MCCARTHY of California): Ms. MOORE of Wisconsin, Mr. MORAN Lake Moolvalya, Parker, AZ [Docket No.: H.R. 2510. A bill to amend the Help Amer- of Virginia, Mr. NADLER of New York, USCG-2008-0246] (RIN: 1625-AA00) received ica Vote Act of 2002 to reimburse States for Ms. NORTON, Ms. SCHAKOWSKY, Mr. May 13, 2009, pursuant to 5 U.S.C. the costs incurred in establishing a program SERRANO, Mr. SHERMAN, Ms. SUTTON, 801(a)(1)(A); to the Committee on Transpor- to track and confirm the receipt of voted ab- Mr. TIERNEY, Ms. WASSERMAN tation and Infrastructure. sentee ballots in elections for Federal office SCHULTZ, Mr. WU, Mr. CUMMINGS, Mr. 1926. A letter from the Assistant Secretary and make information on the receipt of such KUCINICH, Ms. VELA´ ZQUEZ, Mr. WAX- Legislative Affairs, Department of State, ballots available by means of online access, MAN, Ms. BERKLEY, Mrs. CAPPS, Mr. transmitting the Department’s Memo- and for other purposes; to the Committee on MOORE of Kansas, Mr. WEINER, Mr. randum of Understanding Between the Gov- House Administration. CONNOLLY of Virginia, Mr. HASTINGS ernment of the United States of America and By Mr. EHLERS (for himself, Mr. of Florida, Mr. PASTOR of Arizona, the Government of the People’s Republic of HOLT, and Mr. HONDA): Mr. WELCH, Ms. WOOLSEY, Mr. China Concerning the Impostition of Import H.R. 2511. A bill to amend the Elementary MCGOVERN, Ms. ZOE LOFGREN of Cali- Restrictions on Categories of Archaeological and Secondary Education Act of 1965 to re- fornia, Mrs. DAVIS of California, Mr. Material from the Paleolithic Period quire the use of science assessments in the GRIJALVA, Ms. KILPATRICK of Michi- through the Tang Dynasty and Monumental calculation of adequate yearly progress, and gan, Mr. STARK, Mr. DINGELL, Mr. Sculpture and Wall Art at Least 250 Years for other purposes; to the Committee on GEORGE MILLER of California, Mr. Old, signed in Washington on January 14, Education and Labor. SARBANES, Mr. ROTHMAN of New Jer- 2009, pursuant to 19 U.S.C. 2602(g); to the By Mr. FLAKE (for himself, Mr. KIND, sey, Mr. CROWLEY, Mr. WEXLER, Mr. Committee on Ways and Means. Mr. CAMPBELL, Mr. WALZ, Mr. FARR, Ms. LINDA T. SA´ NCHEZ of Cali- 1927. A letter from the Assistant Secretary HENSARLING, Mr. COOPER, Mr. KIRK, fornia, Mr. CARSON of Indiana, Ms. Legislative Affairs, Department of State, and Mr. SMITH of Washington): DEGETTE, Mr. DELAHUNT, Mr. JACK- transmitting a report on action being taken H.R. 2512. A bill to amend the Congres- SON of Illinois, Mr. MICHAUD, Mrs. to extend the Memorandum of Under- sional Budget Act of 1974 to prohibit the con- LOWEY, Ms. ESHOO, Mr. GUTIERREZ, standing Between the Government of the sideration in the House of Representatives or Mr. POLIS of Colorado, Mr. ACKER- United States of America and the Govern- the Senate of measures that appropriate MAN, Mr. FILNER, Mr. CLYBURN, and ment of the Republic of Honduras Con- funds for earmarks to private, for-profit en- Mr. QUIGLEY): cerning the Imposition of Import Restric- tities; to the Committee on Rules, and in ad- H.R. 2517. A bill to provide certain benefits tions on Archaeological Material from the dition to the Committee on the Budget, for a to domestic partners of Federal employees; Pre-Columbian Cultures of Honduras signed period to be subsequently determined by the to the Committee on Oversight and Govern- at Tegucigalpa on March 12, 2004, pursuant to Speaker, in each case for consideration of ment Reform, and in addition to the Com- 19 U.S.C. 2602(g); to the Committee on Ways such provisions as fall within the jurisdic- mittees on House Administration, and the and Means. tion of the committee concerned. Judiciary, for a period to be subsequently de- f By Mr. SCHAUER (for himself, Mr. termined by the Speaker, in each case for UPTON, Mr. STUPAK, Ms. DEGETTE, consideration of such provisions as fall with- REPORTS OF COMMITTEES ON Mr. BRALEY of Iowa, Ms. WASSERMAN in the jurisdiction of the committee con- PUBLIC BILLS AND RESOLUTIONS SCHULTZ, Mr. MASSA, Mr. CLYBURN, cerned. Under clause 2 of rule XIII, reports of Mr. CROWLEY, Mrs. LOWEY, and Mr. By Mr. BOREN (for himself, Mr. JOR- committees were delivered to the Clerk GORDON of Tennessee): DAN of Ohio, Mr. LATHAM, Mr. DUN- H.R. 2513. A bill to amend the Federal for printing and reference to the proper CAN, Mr. SOUDER, and Mr. BURTON of Food, Drug, and Cosmetic Act to establish a Indiana): calendar, as follows: Food Protection Training Institute, and for H.R. 2518. A bill to prevent undue disrup- Mr. SKELTON: Committee of Conference. other purposes; to the Committee on Energy tion of interstate commerce by limiting civil Conference report on S. 454. An act to im- and Commerce. actions brought against persons whose only prove the organization and procedures of the By Mr. MARKEY of Massachusetts: role with regard to a product in the stream Department of Defense for the acquisition of H.R. 2514. A bill to restore the jurisdiction of commerce is as a lawful seller of the prod- major weapon systems, and for other pur- of the Consumer Product Safety Commission uct; to the Committee on the Judiciary, and poses (Rept. 111–124). Ordered to be printed. over amusement park rides which are at a in addition to the Committee on Energy and

VerDate Nov 24 2008 05:37 May 21, 2009 Jkt 079060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\L20MY7.000 H20MYPT1 jbell on PROD1PC69 with HOUSE May 20, 2009 CONGRESSIONAL RECORD — HOUSE H5891 Commerce, for a period to be subsequently By Mr. LARSON of Connecticut: for other purposes; to the Committee on the determined by the Speaker, in each case for H.R. 2526. A bill to amend the Internal Rev- Judiciary, and in addition to the Committee consideration of such provisions as fall with- enue Code of 1986 to increase participation in on Energy and Commerce, for a period to be in the jurisdiction of the committee con- medical flexible spending arrangements; to subsequently determined by the Speaker, in cerned. the Committee on Ways and Means. each case for consideration of such provi- By Mr. DAVIS of Alabama (for himself By Ms. MARKEY of Colorado: sions as fall within the jurisdiction of the and Mr. KING of New York): H.R. 2527. A bill to provide authority for committee concerned. H.R. 2519. A bill to amend the Internal Rev- certain debt refinancing with respect to By Mr. BAIRD (for himself and Mr. enue Code of 1986 to allow the deduction of financings approved under title V of the ROHRABACHER): attorney-advanced expenses and court costs Small Business Investment Act of 1958, and H.J. Res. 52. A joint resolution proposing in contingency fee cases; to the Committee for other purposes; to the Committee on an amendment to the Constitution of the on Ways and Means. Small Business. United States to temporarily fill mass va- By Mr. RYAN of Wisconsin (for himself By Mr. MEEK of Florida: cancies in the House of Representatives and H.R. 2528. A bill to amend the Internal Rev- and Mr. NUNES): the Senate and to preserve the right of the enue Code of 1986 to extend the credit period H.R. 2520. A bill to provide comprehensive people to elect their Representatives and for certain open-loop biomass facilities; to solutions for the health care system of the Senators in Congress; to the Committee on the Committee on Ways and Means. United States, and for other purposes; to the the Judiciary. By Mr. GARY G. MILLER of California Committee on Energy and Commerce, and in By Mr. ROHRABACHER (for himself (for himself and Mr. DONNELLY of In- addition to the Committee on Ways and and Mr. BAIRD): diana): H.J. Res. 53. A joint resolution proposing Means, for a period to be subsequently deter- H.R. 2529. A bill to amend the Federal De- mined by the Speaker, in each case for con- an amendment to the Constitution of the posit Insurance Act to authorize depository United States relating to Congressional suc- sideration of such provisions as fall within institutions and depository institution hold- the jurisdiction of the committee concerned. cession; to the Committee on the Judiciary. ing companies to lease foreclosed property By Mr. DICKS: By Ms. DELAURO (for herself, Mr. held by such institutions and companies for ELLISON, Mr. ISRAEL, Mr. WEINER, Ms. H. Con. Res. 129. Concurrent resolution up to 5 years, and for other purposes; to the congratulating the Sailors of the United BORDALLO, Ms. HIRONO, Mr. Committee on Financial Services. DELAHUNT, Ms. SUTTON, Mr. RYAN of States Submarine Force upon the comple- By Mr. NADLER of New York: tion of 1,000 Ohio-class ballistic missile sub- Ohio, Mr. WELCH, Ms. WOOLSEY, Mr. H.R. 2530. A bill to authorize the Secretary marine (SSBN) deterrent patrols; to the MCGOVERN, Ms. SCHAKOWSKY, Mr. of Transportation to make capital grants for Committee on Armed Services. DRIEHAUS, Mr. MCDERMOTT, Ms. certain freight rail economic development By Mr. LANCE (for himself, Mr. BERKLEY, Mr. MASSA, Mr. COURTNEY, projects; to the Committee on Transpor- CONNOLLY of Virginia, Mr. EHLERS, Mr. BLUMENAUER, Mr. FRANK of Mas- tation and Infrastructure. Mr. BURTON of Indiana, Mr. FLEMING, sachusetts, Ms. MOORE of Wisconsin, By Mrs. NAPOLITANO (for herself, Ms. Ms. JENKINS, Mr. BOOZMAN, Mr. ROO- Mr. VAN HOLLEN, Mr. ETHERIDGE, Mr. DEGETTE, Mr. TIM MURPHY of Penn- NEY, Mr. LAMBORN, Mrs. BIGGERT, Mr. FATTAH, Mr. YARMUTH, Mr. LARSON of sylvania, Mr. FRANK of Massachu- SIMPSON, Mr. KING of New York, and Connecticut, and Mr. FARR): setts, Ms. BORDALLO, Ms. ROYBAL-AL- H.R. 2521. A bill to facilitate efficient in- Mrs. CAPITO): LARD, Mr. COSTELLO, Mrs. BONO H. Con. Res. 130. Concurrent resolution ex- vestments and financing of infrastructure MACK, Mr. BISHOP of Georgia, Mr. pressing support for the current standards of projects and new job creation through the es- KENNEDY, Mr. SERRANO, Ms. EDDIE the Federal mortgage interest tax deduction; tablishment of a National Infrastructure De- BERNICE JOHNSON of Texas, Ms. BALD- to the Committee on Ways and Means. velopment Bank, and for other purposes; to WIN, Mr. OLVER, Mr. BACA, Mr. By Mr. DANIEL E. LUNGREN of Cali- the Committee on Energy and Commerce, MCGOVERN, Mrs. CHRISTENSEN, Mr. fornia: and in addition to the Committees on Trans- RODRIGUEZ, Mr. GENE GREEN of H. Con. Res. 131. Concurrent resolution di- portation and Infrastructure, and Financial Texas, Mr. SESTAK, and Mrs. CAPPS): recting the Architect of the Capitol to en- Services, for a period to be subsequently de- H.R. 2531. A bill to amend the Public grave the Pledge of Allegiance to the Flag termined by the Speaker, in each case for Health Service Act to revise and extend and the National Motto of ‘‘In God we trust’’ consideration of such provisions as fall with- projects relating to children and violence to in the Capitol Visitor Center; to the Com- in the jurisdiction of the committee con- provide access to school-based comprehen- mittee on House Administration. cerned. sive mental health programs; to the Com- By Mr. TIAHRT (for himself, Mr. LIN- By Mr. GALLEGLY: mittee on Energy and Commerce. COLN DIAZ-BALART of Florida, Mr. H.R. 2522. A bill to raise the ceiling on the By Mr. PAUL: MARIO DIAZ-BALART of Florida, Ms. Federal share of the cost of the Calleguas H.R. 2532. A bill to amend the Housing and ROS-LEHTINEN, Mr. SIRES, Mr. BUR- Municipal Water District Recycling Project, Community Development Act of 1974 to in- TON of Indiana, Mr. MACK, Mr. and for other purposes; to the Committee on crease the limitation on the amount of com- SHULER, and Ms. WASSERMAN Natural Resources. munity development block grant assistance that may be used to provide public services; SCHULTZ): By Mr. HEINRICH: H. Con. Res. 132. Concurrent resolution ex- H.R. 2523. A bill to amend the Act titled to the Committee on Financial Services. By Mr. PAUL (for himself and Mr. pressing the sense of Congress that with re- ‘‘An Act to authorize the leasing of respect to the totalitarian government of BARTLETT): stricted Indian lands for public, religious, Cuba, the United States should pursue a pol- educational, recreational, residential, busi- H.R. 2533. A bill to provide that human life shall be deemed to exist from conception, icy that insists upon freedom, democracy, ness, and other purposes requiring the grant and human rights, including the release of of long-term leases’’, approved August 9, and for other purposes; to the Committee on the Judiciary. all political prisoners, the legalization of po- 1955, to provide for Indian tribes to enter litical parties, free speech and a free press, into certain leases without prior express ap- By Mr. TANNER: H.R. 2534. A bill to amend title XVIII of the and supervised elections, before increasing proval from the Secretary of the Interior; to Social Security Act to provide for the treat- United States trade and tourism to Cuba; to the Committee on Natural Resources. ment of certain physician pathology services the Committee on Foreign Affairs. By Mr. KING of New York (for himself, under the Medicare Program; to the Com- By Mr. BURTON of Indiana: Mr. PAUL, and Mr. BURTON of Indi- mittee on Energy and Commerce, and in ad- H. Res. 460. A resolution providing for con- ana): dition to the Committee on Ways and Means, sideration of the bill (H.R. 2194) to amend the H.R. 2524. A bill to amend the Internal Rev- for a period to be subsequently determined Iran Sanctions Act of 1996 to enhance United enue Code of 1986 to allow penalty-free with- by the Speaker, in each case for consider- States diplomatic efforts with respect to drawals from individual retirement plans for ation of such provisions as fall within the ju- Iran by expanding economic sanctions adoption expenses; to the Committee on risdiction of the committee concerned. against Iran; to the Committee on Rules. Ways and Means. By Mr. WELCH: By Mr. MCNERNEY: By Mr. LARSON of Connecticut (for H.R. 2535. A bill to establish a Blueprint for H. Res. 461. A resolution honoring Senti- himself, Mr. PASCRELL, Mr. ADLER of Health in order to create a comprehensive nels of Freedom and commending the dedica- New Jersey, Mr. MURPHY of Con- system of care incorporating medical homes tion, commitment, and extraordinary work necticut, Mr. COURTNEY, Mr. SIRES, to improve the delivery and affordability of of the organization; to the Committee on Mr. ROTHMAN of New Jersey, Mr. health care through disease prevention, Veterans’ Affairs. LOBIONDO, Mr. HIMES, Mr. LANCE, Mr. health promotion, and education about and By Mr. LATOURETTE (for himself, Mr. GARRETT of New Jersey, and Mr. better management of chronic conditions; to MCCOTTER, Mr. GOHMERT, Mr. TIBERI, FRELINGHUYSEN): the Committee on Energy and Commerce. Mr. BURTON of Indiana, Mr. THOMP- H.R. 2525. A bill to require application of By Mr. WEXLER (for himself, Mr. SEN- SON of Pennsylvania, Mrs. LUMMIS, budget neutrality on a national basis in the SENBRENNER, Mrs. LOWEY, Mr. Mrs. CAPITO, and Mr. ROSKAM): calculation of the Medicare hospital wage BILBRAY, and Mr. COHEN): H. Res. 462. A resolution requesting that index floor for each all-urban and rural H.R. 2536. A bill to provide relief for the the President transmit to the House of Rep- State; to the Committee on Ways and Means. shortage of nurses in the United States, and resentatives all information in his possession

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relating to specific communications with H.R. 782: Mr. NEUGEBAUER. H.R. 1708: Mr. KLEIN of Florida. Chrysler LLC (‘‘Chrysler’’); to the Com- H.R. 804: Mr. POSEY. H.R. 1735: Mr. MCINTYRE. mittee on Energy and Commerce. H.R. 824: Ms. EDWARDS of Maryland. H.R. 1740: Mr. INSLEE, Mr. CALVERT, and By Mr. BROWN of South Carolina: H.R. 840: Ms. WOOLSEY, Mr. SCHIFF, and Mr. Mr. QUIGLEY. H. Res. 465. A resolution recognizing the COHEN. H.R. 1741: Mr. POE of Texas. Atlantic Intracoastal Waterway Association H.R. 847: Mr. GARRETT of New Jersey. H.R. 1751: Mr. MAFFEI, Mr. MEEKS of New on the occasion of its 10th anniversary, and H.R. 873: Mrs. DAVIS of California and Mr. York, Mr. ROTHMAN of New Jersey, and Mrs. for other purposes; to the Committee on CARNEY. LOWEY. Transportation and Infrastructure. H.R. 874: Mr. CLYBURN, Mr. LOEBSACK, and H.R. 1763: Mr. MANZULLO. By Mr. HONDA (for himself, Mr. DENT, Mr. LEVIN. H.R. 1799: Mr. SMITH of Texas. H.R. 879: Mr. PLATTS. Mr. CAO, Mr. TOWNS, Mr. H.R. 1802: Mr. WILSON of South Carolina, H.R. 904: Ms. ESHOO. MCDERMOTT, Mr. MEEKS of New York, Mr. CONAWAY, Mr. SCALISE, and Ms. GINNY H.R. 916: Mr. HEINRICH. Ms. BORDALLO, Mr. FALEOMAVAEGA, BROWN-WAITE of Florida. H.R. 958: Mr. HASTINGS of Florida, Mr. Mr. WU, Ms. SPEIER, Mr. AL GREEN of H.R. 1826: Mr. MCDERMOTT and Mr. WESTMORELAND, Mr. RUSH, Mrs. EMERSON, Texas, Mr. BROUN of Georgia, Mr. DELAHUNT. Mr. ELLSWORTH, Mr. KILDEE, Mr. SHULER, SERRANO, Ms. ROYBAL-ALLARD, Mr. H.R. 1844: Mr. GORDON of Tennessee. Mr. DAVIS of Tennessee, Mr. HIGGINS, Mr. WEXLER, Mr. BACA, Mr. CASSIDY, Ms. H.R. 1895: Mr. FILNER. SCOTT of Georgia, Mr. SIRES, Mr. KAGEN, and LEE of California, Mr. CROWLEY, Mrs. H.R. 1903: Mr. SIMPSON, Mrs. MYRICK, Mr. Mr. ANDREWS. KLINE of Minnesota, Mr. BOOZMAN, Mrs. NAPOLITANO, Mrs. CHRISTENSEN, Mr. H.R. 959: Mr. CONNOLLY of Virginia and Ms. BACHMANN, Mr. SENSENBRENNER, Mr. GERLACH, Mrs. MALONEY, Mr. MORAN TITUS. CULBERSON, and Mr. TERRY. of Virginia, Mr. KENNEDY, Mr. RAN- H.R. 980: Mr. THOMPSON of California, Mr. H.R. 1904: Mr. ROYCE and Mr. KAGEN. GEL, Mr. BISHOP of New York, Mr. NEAL of Massachusetts, Ms. HARMAN, Ms. H.R. 1927: Mr. SMITH of New Jersey and Mr. BECERRA, Mr. SABLAN, and Ms. RICH- LINDA T. SA´ NCHEZ of California, Mr. KEN- PRICE of North Carolina. ARDSON): NEDY, Mr. COHEN, Mr. GARRETT of New Jer- H.R. 1932: Mr. MICHAUD. H. Res. 466. A resolution recognizing World sey, and Ms. ROYBAL-ALLARD. H.R. 2002: Mr. KILDEE and Mr. LANGEVIN. Hepatitis Awareness Month and World Hepa- H.R. 1016: Mr. GALLEGLY and Mr. titis Day May 19, 2009; to the Committee on H.R. 2006: Mr. SARBANES and Ms. EDWARDS DELAHUNT. of Maryland. Energy and Commerce, and in addition to H.R. 1020: Mr. FRANK of Massachusetts, Mr. H.R. 2009: Mr. MCKEON, Mr. FRANKS of Ari- the Committee on Foreign Affairs, for a pe- THOMPSON of Mississippi, Mr. KUCINICH, Mr. zona, Mr. POSEY, Mr. BRADY of Texas, Mr. riod to be subsequently determined by the HODES, Ms. SCHWARTZ, and Mr. HARE. LUCAS, Mr. SHADEGG, and Mr. MARCHANT. Speaker, in each case for consideration of H.R. 1032: Mr. PATRICK J. MURPHY of Penn- H.R. 2014: Mr. GENE GREEN of Texas, Mr. such provisions as fall within the jurisdic- sylvania, Ms. JENKINS, Mr. CAO, Mr. MORAN PASTOR of Arizona, Mr. AL GREEN of Texas, tion of the committee concerned. of Virginia, and Mr. BOSWELL. Mr. BAIRD, Mr. DELAHUNT, and Mr. RANGEL. By Mr. LATTA: H.R. 1064: Mr. JONES. H.R. 2030: Mr. MCCOTTER and Ms. H. Res. 467. A resolution honoring and H.R. 1074: Mr. MILLER of Florida, Mr. ROO- SCHAKOWSKY. Commending Alissa Czisny for winning the NEY, and Mr. CALVERT. H.R. 2035: Mr. WAMP. 2009 United States Figure Skating Cham- H.R. 1079: Mr. WELCH and Mr. PRICE of H.R. 2054: Mr. CARNAHAN, Mr. KRATOVIL, pionship; to the Committee on Oversight and North Carolina. Mr. ROTHMAN of New Jersey, Ms. MCCOLLUM, Government Reform. H.R. 1085: Mr. TERRY. Mr. FARR, Mrs. DAVIS of California, and Mr. By Mr. SIRES: H.R. 1126: Mr. SCHIFF. H. Res. 468. A resolution supporting the H.R. 1142: Mr. WITTMAN. HODES. designation of National Tourette Syndrome H.R. 1189: Mr. MORAN of Kansas. H.R. 2055: Ms. HIRONO and Mr. YOUNG of Day; to the Committee on Energy and Com- H.R. 1190: Mr. MCINTYRE. Alaska. H.R. 2061: Mr. MILLER of Florida, Mr. BART- merce. H.R. 1193: Mr. PLATTS. H.R. 1201: Mr. WELCH and Mr. FOSTER. LETT, and Mr. SAM JOHNSON of Texas. f H.R. 1207: Mr. PASTOR of Arizona, Ms. H.R. 2067: Mr. AL GREEN of Texas. ADDITIONAL SPONSORS GINNY BROWN-WAITE of Florida, Mr. H.R. 2071: Mr. MEEKS of New York. ALTMIRE, Mr. LATTA, Mr. REICHERT, Mr. ROG- H.R. 2095: Mr. CLAY. Under clause 7 of rule XII, sponsors ERS of Michigan, Mr. BERRY, Mr. SCHAUER, H.R. 2102: Mr. HARE. were added to public bills and resolu- Mr. SCALISE, and Mr. FORBES. H.R. 2103: Mr. PASTOR of Arizona. tions as follows: H.R. 1213: Mr. GUTHRIE. H.R. 2106: Mr. BOOZMAN. H.R. 1316: Mr. NUNES. H.R. 22: Mr. PETRI, Mr. LUJA´ N, Mr. CARTER, H.R. 2132: Mr. WEXLER. H.R. 1321: Ms. ZOE LOFGREN of California. Mr. DEFAZIO, and Mr. LATTA. H.R. 2152: Ms. BERKLEY. H.R. 1335: Mr. SPACE, Mr. MCNERNEY, Mr. H.R. 108: Mr. LATHAM. H.R. 2161: Ms. DELAURO and Ms. SCHWARTZ. HALL of New York, Mr. COSTELLO, Mr. AL H.R. 116: Mr. COHEN. H.R. 2189: Mr. ROHRABACHER, Mr. BOREN, GREEN of Texas, and Mr. CARNAHAN. H.R. 179: Mr. KENNEDY. Mr. BARTLETT, Mr. CRENSHAW, Ms. FOXX, Mr. H.R. 1362: Mr. KENNEDY and Mr. KLEIN of H.R. 235: Mrs. CAPITO and Mr. SCHAUER. HILL, Mrs. MYRICK, Mr. TAYLOR, Mr. Florida. H.R. 303: Mr. DAVIS of Tennessee and Ms. BOOZMAN, Mr. BURTON of Indiana, Mr. HARP- H.R. 1410: Mr. LANCE, Mr. LATHAM, Ms. KOSMAS. ER, Mr. HOEKSTRA, and Mr. PAUL. CORRINE BROWN of Florida, Mr. PLATTS, and H.R. 333: Mr. CALVERT, Mr. ROGERS of Ala- H.R. 2193: Mr. WITTMAN, Mr. HERGER, Mr. Mr. DRIEHAUS. bama, Mr. DELAHUNT, Mr. HEINRICH, and Ms. BARTLETT, Mr. AKIN, Mr. DANIEL E. LUNGREN H.R. 1427: Mr. LINDER. of California, Mr. RYAN of Wisconsin, Mr. KOSMAS. H.R. 1454: Mr. MARIO DIAZ-BALART of Flor- H.R. 389: Mr. AL GREEN of Texas. ISSA, Mr. LAMBORN, Mr. LUETKEMEYER, Mr. ida, Mrs. LUMMIS, Mr. FORBES, Mr. KLINE of H.R. 391: Mr. BARTON of Texas and Mr. CANTOR, Mr. FORBES, Mr. OLSON, Mr. KLINE Minnesota, Mr. COLE, Mr. BARTLETT, Mr. FLEMING. of Minnesota, Mr. GOHMERT, Mr. LEE of New BROUN of Georgia, and Mr. THOMPSON of York, and Mr. FLEMING. H.R. 394: Mr. BISHOP of Utah. Pennsylvania. H.R. 463: Mr. LEWIS of Georgia and Mr. H.R. 2194: Mr. ROE of Tennessee, Mr. H.R. 1470: Mr. MARSHALL. MELANCON, Mr. MCHENRY, Mr. HEINRICH, Mr. SMITH of Washington. H.R. 1509: Mr. SIMPSON. OLSON, Mr. BOOZMAN, Mr. CANTOR, Mrs. KIRK- H.R. 504: Mr. CARNAHAN. H.R. 1521: Ms. EDDIE BERNICE JOHNSON of PATRICK of Arizona, Mr. COHEN, Mr. VAN H.R. 510: Mr. GUTHRIE. Texas and Mr. ORTIZ. HOLLEN, Mr. SPACE, Mr. GUTHRIE, Mr. LUCAS, H.R. 560: Mr. KRATOVIL. H.R. 1523: Mr. ELLISON, Mr. DAVIS of Illi- Mr. LIPINSKI, Mr. MICHAUD, Mr. PATRICK J. H.R. 574: Mr. DRIEHAUS. nois, and Ms. DELAURO. H.R. 621: Mr. WALDEN, Mrs. CAPITO, Mr. H.R. 1526: Ms. GIFFORDS, Ms. LINDA T. MURPHY of Pennsylvania, Mr. ROGERS of Ala- NEAL of Massachusetts, Mr. ARCURI, Mr. SA´ NCHEZ of California, and Mrs. bama, Mr. FLEMING, Mr. NEUGEBAUER, Mr. SHULER, Mr. HINOJOSA, Mr. LIPINSKI, and Mr. CHRISTENSEN. LEVIN, Mr. BOSWELL, and Mr. SAM JOHNSON KING of New York. H.R. 1548: Mr. MURTHA, Mr. CAO, and Mr. of Texas. H.R. 655: Ms. BALDWIN. KRATOVIL. H.R. 2248: Mr. CARNAHAN and Mr. GORDON H.R. 676: Ms. NORTON and Ms. ZOE LOFGREN H.R. 1552: Mr. SIMPSON and Mr. KISSELL. of Tennessee. of California. H.R. 1557: Mr. FOSTER. H.R. 2251: Mr. PATRICK J. MURPHY of Penn- H.R. 678: Mr. LIPINSKI. H.R. 1615: Mr. LATHAM. sylvania, Mr. MARIO DIAZ-BALART of Florida, H.R. 716: Mr. LATHAM and Mr. BRADY of H.R. 1625: Mr. KIND and Mr. DEFAZIO. and Mrs. LOWEY. Pennsylvania. H.R. 1646: Mr. KILDEE, Mr. ROTHMAN of New H.R. 2254: Mr. MCHUGH, Mr. GORDON of Ten- H.R. 745: Mr. GONZALEZ and Mr. ADLER of Jersey, Ms. NORTON, Mr. LEWIS of Georgia, nessee, Mr. BRIGHT, and Mr. BOSWELL. New Jersey. and Mr. MARSHALL. H.R. 2272: Mr. LOEBSACK. H.R. 775: Mr. MARIO DIAZ-BALART of Flor- H.R. 1677: Mr. DICKS. H.R. 2294: Mr. BARTON of Texas, Mr. ida, Mr. BILBRAY, Mr. CARSON of Indiana, Mr. H.R. 1684: Mr. CALVERT, Mr. LINCOLN DIAZ- FRELINGHUYSEN, Mr. LATOURETTE, Mr. GAR- PALLONE, Mr. SCHIFF, Mr. ROE of Tennessee, BALART of Florida, Mr. MACK, and Mr. RETT of New Jersey, Mr. CAMPBELL, Mr. and Mr. TIERNEY. GINGREY of Georgia. STEARNS, Mr. SHIMKUS, Mr. CASSIDY, Mr.

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REICHERT, Mr. PRICE of Georgia, Mrs. H.R. 2474: Mrs. DAVIS of California, Mr. H. Res. 260: Mr. ALTMIRE, Mr. TEAGUE, Ms. MYRICK, Mrs. BLACKBURN, and Mr. WALDEN. WAXMAN, Ms. WOOLSEY, Mr. GEORGE MILLER BERKLEY, Ms. TITUS, Mr. JOHNSON of Georgia, H.R. 2304: Mr. MCGOVERN, Mr. GINGREY of of California, Mr. HONDA, Mr. SCHIFF, Mrs. Ms. MARKEY of Colorado, and Mr. COURTNEY. Georgia, and Mrs. CAPITO. CAPPS, Mr. FARR, Mrs. TAUSCHER, Mr. H. Res. 291: Mr. PAYNE, Mr. SHERMAN, Mr. H.R. 2313: Mr. HONDA and Mr. PAULSEN. CARDOZA, Ms. ESHOO, Mr. FILNER, Mr. BER- MEEKS of New York, Ms. WATSON, and Ms. H.R. 2319: Ms. BALDWIN. MAN, and Mr. SHERMAN. JACKSON-LEE of Texas. H.R. 2329: Mr. HASTINGS of Florida, Mr. H.R. 2499: Mr. CUMMINGS, Mr. MCCOTTER, H. Res. 366: Mr. SMITH of Texas, Mr. BUTTERFIELD, and Ms. HIRONO. and Mr. CONAWAY. GINGREY of Georgia, Ms. ROS-LEHTINEN, Mr. H.R. 2350: Mr. SESTAK, Mr. SPRATT, Mr. H.J. Res. 47: Mr. MCINTYRE and Mr. FILNER, Mr. BISHOP of Georgia, Ms. JACKSON- PAYNE, and Mr. BOUCHER. LOBIONDO. LEE of Texas, Mr. MELANCON, and Mr. OLVER. H.R. 2360: Mr. SCHAUER, Mr. LIPINSKI, Mr. H. Con. Res. 59: Mr. WOLF and Mr. MCGOV- H. Res. 373: Mr. GARRETT of New Jersey, PAULSEN, Ms. SHEA-PORTER, and Mr. DAVIS ERN. and Mrs. MCMORRIS RODGERS. of Alabama. H. Con. Res. 105: Mr. BOUSTANY. H.R. 2366: Mr. ISRAEL. H. Con. Res. 109: Mr. GENE GREEN of Texas, H. Res. 389: Mr. SESTAK. H.R. 2368: Mrs. CAPPS. Mrs. MYRICK, Mr. GRAYSON, Ms. KOSMAS, Mr. H. Res. 395: Mr. INSLEE. H.R. 2378: Mr. HUNTER, Mr. LIPINSKI, Mr. KISSEL, Mr. PASCRELL, Mr. SPRATT, Mr. H. Res. 397: Mr. LIPINSKI and Mr. BART- MCCOTTER, Mr. MCHENRY, Mr. BERRY, Mr. WOLF, Mr. VAN HOLLEN, Mr. MINNICK, Ms. LETT. INGLIS, Mr. KISSELL, Mr. HOEKSTRA, Mr. BALDWIN, Mr. DRIEHAUS, and Mr. HILL. H. Res. 408: Mr. ROONEY and Mr. SHUSTER. BISHOP of Utah, and Mr. CARNEY. H. Res. 16: Mr. MCCOTTER. H. Res. 412: Mr. GONZALEZ. H.R. 2415: Ms. EDDIE BERNICE JOHNSON of H. Res. 111: Mr. BARTLETT, Mr. RUSH, Ms. H. Res. 420: Mr. ROSKAM, Ms. FOXX, Ms. Texas. BALDWIN, Ms. SHEA-PORTER, Mrs. GRANGER, Mr. CONAWAY, Mr. BRADY of Texas, H.R. 2416: Mr. RODRIGUEZ and Ms. EDDIE DAHLKEMPER, and Ms. EDWARDS of Maryland. Mr. SAM JOHNSON of Texas, Mr. PRICE of BERNICE JOHNSON of Texas. H. Res. 156: Mr. DUNCAN and Mrs. Georgia, Mr. COFFMAN of Colorado, Mr. JOR- H.R. 2422: Mr. GONZALEZ, Mr. GENE GREEN BLACKBURN. DAN of Ohio, Mr. TEAGUE, and Mr. YOUNG of of Texas, Mr. AL GREEN of Texas, Mr. POE of H. Res. 209: Mr. HOLT, Mrs. MCCARTHY of Florida. Texas, Mr. HALL of Texas, Ms. EDDIE BERNICE New York, Mr. SCHIFF and Mr. VAN HOLLEN. H. Res. 429: Mr. FLEMING, Mr. ROSS, Mr. JOHNSON of Texas, Mr. THORNBERRY, Mr. H. Res. 225: Mr. SAM JOHNSON of Texas, Mr. ALEXANDER, Ms. BALDWIN, Mr. BRIGHT, and DOGGETT, and Mr. ORTIZ. WILSON of South Carolina, Mr. HARPER, Mr. Mr. DUNCAN. H.R. 2427: Ms. SLAUGHTER. BOUSTANY, Mr. JONES, Mr. SENSENBRENNER, H. Res. 430: Mr. WEINER. H.R. 2452: Ms. FUDGE and Mr. HERGER. and Mr. ADERHOLT. H.R. 2456: Mr. SCHIFF and Mr. GUTIERREZ. H. Res. 236: Mr. SCHIFF and Mr. VAN H. Res. 437: Mr. GUTHRIE. H.R. 2458: Mr. CHAFFETZ and Mr. FORBES. HOLLEN. H. Res. 440: Mr. QUIGLEY. H.R. 2468: Mr. ROYCE. H. Res. 259: Mrs. DAHLKEMPER. H. Res. 443: Mr. CARNAHAN.

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Vol. 155 WASHINGTON, WEDNESDAY, MAY 20, 2009 No. 78 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, Yesterday, I filed cloture on this leg- called to order by the Honorable TOM PRESIDENT PRO TEMPORE, islation. Under rule XXII, germane UDALL, a Senator from the State of Washington, DC, May 20, 2009. first-degree amendments must be filed To the Senate: New Mexico. Under the provisions of rule I, paragraph 3, by 1 p.m. today. of the Standing Rules of the Senate, I hereby If we are able to reach an agreement, PRAYER appoint the Honorable TOM UDALL, a Senator we will also consider the conference re- The Chaplain, Dr. Barry C. Black, of- from the State of New Mexico, to perform port to accompany S. 454, the procure- fered the following prayer: the duties of the Chair. ment legislation, during the day. Let us pray. ROBERT C. BYRD, President pro tempore. Eternal Father, thank You for f Mr. UDALL of New Mexico thereupon today—fresh with sparkling dew and WORKING TOGETHER bright with the splendor of the morn- assumed the chair as Acting President ing Sun. We accept this day as a gift pro tempore. Mr. REID. Mr. President, I made a from Your bounty and will use it for f decision at the beginning of this Con- the glory of Your Name. As our Sen- RECOGNITION OF THE MAJORITY gress to go back to the way the Senate ators strive to do what is best for this LEADER used to be, or at least the way I saw the Senate. I believed if we moved great land, lead them with Your might. The ACTING PRESIDENT pro tem- Guide them by Your higher wisdom and away from the past practices of the pore. The majority leader is recog- last 15 years of limiting the offering of make them know the constancy of nized. Your presence. Lord, give them the amendments, for example, having more greatness of being on Your side and the f debate, not less, that a new spirit delight of knowing they are doing Your SIGNING AUTHORITY would develop in this historic body we will. Keep their hearts and minds riv- Mr. REID. Mr. President, first, I ask call the Senate. eted on You, as they seek to be respon- unanimous consent that today, May 20, I believe that spirit has come—come sive to Your leading. Make them stew- I be authorized to sign any duly en- slowly—but with the trust of the Re- ards of the blessings You have given rolled bills or joint resolutions. publicans growing with the majority, them. The ACTING PRESIDENT pro tem- amendments have come with the idea We pray in the Redeemer’s Name. pore. Without objection, it is so or- of improving or changing legislation, Amen. dered. not the ‘‘I gotcha’’ politics, tactics of the past used by both Democrats and f f Republicans. The result has been legis- SCHEDULE lation being passed of which we can all PLEDGE OF ALLEGIANCE Mr. REID. Mr. President, following take credit: leader remarks, the Senate will resume The lands bill; Ledbetter, equal pay The Honorable TOM UDALL of New consideration of the emergency supple- for men and women; the Children’s Mexico led the Pledge of Allegiance, as mental appropriations bill. There will Health Insurance Program, 14 million follows: be up to 2 hours for debate in relation kids with health insurance; the eco- I pledge allegiance to the Flag of the to the Inouye amendment. That is the nomic recovery package, which is United States of America, and to the Repub- Inouye-Inhofe amendment. The Repub- being felt now around the country; the lic for which it stands, one nation under God, licans will control the first 30 minutes, omnibus spending bill, which was long indivisible, with liberty and justice for all. the majority will control the next 30 overdue; national service legislation, minutes, and the final hour will be allowing 750,000 men and women to be- f equally divided and controlled between come involved in public service, get- the two leaders or their designees, with ting paid a little bit for that but help APPOINTMENT OF ACTING Senators permitted to speak for up to for their college education. PRESIDENT PRO TEMPORE 10 minutes each. Senator INOUYE will We did some things that needed to be The PRESIDING OFFICER. The control the final 5 minutes prior to the done with the budget, reducing the def- clerk will please read a communication vote. Upon the use or yielding back of icit in 5 years by as much as two- to the Senate from the President pro time, the Senate will proceed to vote thirds. We passed housing legislation, tempore (Mr. BYRD). on the amendment. Senators should ex- which will bolster the ability of regu- The assistant legislative clerk read pect the first vote of the day to begin lators to do a good job of watching the following letter: around 11:30 to a quarter of 12. what goes on with housing, including

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

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VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5650 CONGRESSIONAL RECORD — SENATE May 20, 2009 strengthening the Federal Deposit In- men and women, risking their lives in the House with wide bipartisan sup- surance Corporation; passing the finan- abroad, and to citizens here at home. port and here by unanimous consent. cial fraud legislation to stop some of Congress will demonstrate its serious- On June 3, we will host a celebration the tactics cheaters use to cause the ness about that responsibility when it in the Capitol, with the State of Cali- problems that were caused leading to votes against an open-ended plan to re- fornia sending their statue of Ronald this economic crisis. Yesterday morn- lease or transfer detainees at Guanta- Wilson Reagan to join the collection of ing, we passed the credit card legisla- namo. State statues from around the country. tion. The administration has shown a good In February 2011, we will commemorate We have a long ways to go. But I deal of flexibility on matters of na- his 100th birthday. think we are beginning to trust each tional security over the past few To his beloved Nancy, his family, and other that amendments are being of- months: on Iraq, for example, in not in- all of us who believe that the best days fered to take provisions out of legisla- sisting on an arbitrary deadline for are ahead in this shining city on a hill, tion or to add to legislation to improve withdrawal; on military commissions, I stand in humble gratitude for his it in the mind of the person offering by deciding to resume their use; on service and great pride that Congress the amendment. prisoner photos, by concluding that re- has finally agreed to enact legislation As a result of this, we can all go back leasing them would jeopardize the safe- to commemorate one of the most im- to our constituencies during this recess ty of our service men and women; and portant Americans of the 20th century. saying we are working together now, on Afghanistan, by replicating the Mr. President, I suggest the absence we are getting some things done. This surge strategy that has worked so well of a quorum. does not help Democrats or Repub- in Iraq. The ACTING PRESIDENT pro tem- licans; it helps us both, and it helps our I hope the administration will show pore. The clerk will call the roll. country. more of this flexibility by changing its The assistant legislative clerk proposition on an arbitrary deadline for f ceeded to call the roll. closing Guantanamo. Americans do not Mr. GRAHAM. Mr. President, I ask RECOGNITION OF THE MINORITY want some of the most dangerous men unanimous consent that the order for LEADER alive coming here or released overseas, the quorum call be rescinded. The ACTING PRESIDENT pro tem- where they can return to the fight, as The ACTING PRESIDENT pro tempore. The Republican leader is recog- many other detainees who have been pore. Without objection, it is so or- nized. released from Guantanamo already dered. have. f f Some will argue that terrorists can WORKING TOGETHER be housed safely in the United States RESERVATION OF LEADER TIME based on past experience. But we have Mr. MCCONNELL. Mr. President, let The ACTING PRESIDENT pro tem- already seen the disruption that just me say to my good friend, the majority pore. Under the previous order, the one terrorist caused in Alexandria, VA. leader, I concur with his observations leadership time is reserved. The number of detainees the adminis- about how the Senate should appro- tration now wants to transfer stateside f priately work. I think we have had a is an order of magnitude greater than SUPPLEMENTAL APPROPRIATIONS process for handling legislation this anything we have considered before. It ACT, 2009 year that both sides can be proud of, is one thing to transfer one or two ter- and I wish to say I concur entirely with The ACTING PRESIDENT pro tem- rorists—disruptive as that may be—it his observations about the way the pore. Under the previous order, the is quite another to transfer 50 to 100, or Senate is working. Senate will resume consideration of more, as Secretary Gates has said Obviously, the minority does not H.R. 2346, which the clerk will report would be involved in any transfer from agree with a lot of the things we are by title. Guantanamo. The assistant legislative clerk read doing, but the opportunity to shape In my view, these men are exactly as follows: legislation and for each Senator to where they belong: locked up in a safe make a difference has been respected and secure prison and isolated many A bill (H.R. 2346) making supplemental ap- this year, and for that I commend the propriations for the fiscal year ending Sep- miles away from the American people. tember 30, 2009, and for other purposes. majority leader. Guantanamo is a secure, state-of-the- Pending: f art facility, it has courtrooms for mili- Inouye-Inhofe amendment No. 1133, to pro- GUANTANAMO tary commissions. Everyone who visits is impressed with it. Even the adminis- hibit funding to transfer, release or incarcerate detainees detained at Guantanamo Mr. MCCONNELL. Mr. President, tration acknowledges that Guanta- there now appears to be a wide bipar- Bay, Cuba, to or within the United States. namo is humane and well run. Ameri- McConnell amendment No. 1136, to limit tisan agreement in the Senate that cans want these men kept out of their the release of detainees at Guantanamo Bay, closing Guantanamo before the admin- backyards and off the battlefield. Cuba, pending a report on the prisoner popu- istration has a plan to deal with the Guantanamo guarantees it. lation at the detention facility at Guanta- detainees there was a bad idea. Sen- The administration has said the safe- namo Bay. ators will make it official today with ty of the American people is its top pri- Cornyn amendment No. 1139, to express the their votes. ority. I have no doubt this is true, and sense of the Senate that the interrogators, attorneys, and lawmakers who tried in good For months, we have been saying that is precisely why the administra- what Senate Democrats now acknowl- faith to protect the United States and abide tion should rethink—should rethink— by the law should not be prosecuted or other- edge: that because the administration its plan to close Guantanamo by a date wise sanctioned. has no plan for what to do with the 240 certain. It should have focused on a Brownback amendment No. 1140, to express detainees at Guantanamo, it would be plan for these terrorists first. Once the the sense of the Senate on consultation with irresponsible and dangerous for the administration has a plan, we will con- State and local governments in the transfer Senate to appropriate the money to sider closing Guantanamo but not a to the United States of detainees at Naval close it. second sooner. Station Guantanamo Bay, Cuba. AMENDMENT NO. 1133 I commend Senate Democrats for ful- f filling their oversight responsibilities The ACTING PRESIDENT pro tem- by refusing to vote to provide any RONALD REAGAN CENTENNIAL pore. Under the previous order, there funding to close Guantanamo until the COMMISSION will be 2 hours of debate, equally di- administration can prove to the Amer- Mr. MCCONNELL. Mr. President, last vided and controlled between the lead- ican people that closing Guantanamo night, the Senate passed a bill to cre- ers or their designees, with respect to will not make us less safe than Guanta- ate a commission to commemorate the amendment No. 1133, with the first 30 namo has. Those of us in Congress have 100th birthday of our 40th President, minutes under the control of the Re- a responsibility to American service Ronald Wilson Reagan. This bill passed publican leader, the second 30 minutes

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5651 under the control of the majority lead- the Iraqi people joined with our forces you put them becomes possible. With- er, and the final 60 minutes divided and coalition forces and delivered a out what to do, we are never going to equally, with Senators permitted to mighty blow against al-Qaida. Al-Qaida find where to put them. speak for up to 10 minutes, with the is, quite frankly, in the process of I do believe the President and our final 5 minutes under the control of the being defeated by the Iraqi people with military commanders are right when Senator from Hawaii, Mr. INOUYE. our help. Now the fight goes to Paki- they say it is time to start over. It is The Senator from South Carolina. stan and Afghanistan. I cannot think of a shame we are having to start over, Mr. GRAHAM. Thank you, Mr. Presi- a more noble cause than to take up because Guantanamo Bay is a well-run dent. arms and fight back against these ter- jail. But as I mentioned before, this No. 1, I would like to associate my- rorists who wish the world ill, who will ideological struggle we are engaged in, self with the comments of the minority do anything in the name of their reli- the enemy has seized upon the abuses leader about Guantanamo Bay. It is a gion to have their way, and who would at Abu Ghraib, the mistakes at Guan- location that does protect our national make life miserable for parts of this tanamo Bay, and they use that to our interests in terms of a location. It is world and eventually make life miser- detriment. They inflame populations in probably the best run military prison able for us. the Mideast based on our past mis- in the world. I have been there several Imagine a caliphate being established takes. Our commanders have told me times. in Baghdad, which was their plan, to to a person that if we could start over To the guard force and those who are put the Mideast in constant turmoil. with detention policy and show the serving at Guantanamo Bay, in many We would not be able to travel freely in world that we have a new way of doing ways, you are the unsung heroes in this this world. We could not interact or do business—a better way of doing busi- war because it is tough duty. You have business with the people in the Mid- ness—it would improve the ability of to go through a lot to be a member of east. It is a very oil-rich region, so it is our troops to operate in the regions in the Guantanamo Bay guard team. in our national security interests to question where the conflict exists; it They do a wonderful job. It is a very stand with moderate people in the Mid- would undercut the enemy; it would Geneva Conventions-compliant jail, east and other places where al-Qaida help our allies be more helpful to us. and there are some pretty bad char- attempts to take over, and fight back. Our British friends are the best friends acters down there who make life miser- But when we fight back, we don’t have we could hope to have, and they have able for our guard force. But those who to be like them. Quite frankly, if we had a hard time with our detainee pol- serve at Guantanamo Bay do so with are like them when we fight back, we icy. So we have every reason in the dignity and professionalism. Their will lose. world to want to start over, but the motto, I believe, is ‘‘honor bound.’’ This is an ideological struggle. There Congress is right not to allow us to That certainly reflects upon them well. is no capital to conquer. There is no start over until we have a plan. The The idea of the Congress saying we navy to sink or air force to shoot down. Congress, in a bipartisan fashion, is ab- want to plan before we appropriate We cannot kill enough of the terrorists solutely right to keep Guantanamo money to close Guantanamo Bay to win the war. What we have to do is Bay open until we have a complete makes a lot of sense to me. We see a bi- contain them, fight them, and empower plan. I do believe this President under- partisan movement here to make sure those who live in the region who want stands how to move forward with we know what we are going to do with to live in a different way, give them Guantanamo Bay. the detainees who are housed at Guan- the capacity to defend themselves and The best way to move forward, in my tanamo Bay. The American people bring about a stable life in their coun- opinion, is to collaborate with the Con- should be rightly concerned about how tries. That is what we are trying to do gress, to look at the military commis- we dispose of these prisoners. Quite in Iraq. If we win in Iraq, we will have sion system, which I think is the prop- frankly, they are not common crimi- a democracy in the heart of the Arab er venue to dispose of any war crimes nals accused of robbing a liquor store; world that will be an ally to this coun- trials. Remember, these people we are they are accused of being a member of try in perpetuity. We will have re- talking about have been accused of al-Qaida or allied groups that have placed a dictator named Saddam Hus- taking up arms against the United taken up arms against the United sein, and we will have a place where we States. They are noncitizen, enemy States. Their mission and their purpose can show the world that there are Mus- combatants who represent a military is to destroy our way of life and to put lims who do not want to be governed threat. Military commissions have our allies and friends in the Mideast by the al-Qaida agenda, and to me that been used to try people such as this for into the dark ages. So if you do not is a major win in the war on terror. hundreds of years. We did trials with want to go back to the dark ages in Now we are in Afghanistan. We have German saboteurs who landed on the terms of humanity; if you want young lost ground, but we are about to recap- east coast of the United States for the girls to grow up without having acid ture that ground from the Taliban, purpose of sabotaging our industries. thrown in their face; if you want a which are al-Qaida sympathizers and, They were captured and tried in mili- young woman to be able to have a say quite frankly, allowed them to operate tary commissions. So there is nothing about the future of her children in the in Afghanistan late in the last century new about the idea of a military com- Mideast, then we need to come up with and early in this century to plan the mission being used against an enemy a rational policy regarding fighting al- attacks of 9/11. force. Qaida and, once we catch them, how to So that is why we are fighting. That I do think the President is right to dispose of their cases and make sure is why we are in this discussion. That reform the current commission. I, they are not only fairly treated but is why we are concerned about releas- along with Senator MCCAIN, Senator their mission and their goals are de- ing these prisoners within the United WARNER, and others—Senator LEVIN feated and they do not return to the States, and that is why we are con- particularly—had a bill that set up a fight. cerned about Guantanamo Bay. We military commission process that re- We have seen in Iraq that there are have every right and reason to be conceived complete Democratic support on Muslim populations that do not want cerned as to how we move forward. the Armed Services Committee, and to be part of the al-Qaida agenda. Al- I want to move forward. We need a four Republicans. I think that docu- Qaida followed us to Iraq because they plan to move forward. We should not ment is worth going back to. The ideas understood if we were successful there close Guantanamo Bay until we have a the President has put on the table in creating a democracy in the heart of comprehensive, detailed, legal strategy about reforming the commission, quite the Mideast, it would be a threat to as to what we will do with these pris- frankly, make a lot of sense to me. their agenda. Iraq has a way to go, but oners. Where we put them is only pos- So we do need to move forward. We I am very proud of the Iraqi people. sible if people know what we will do do need to start over. If we could start They have come together. They are with them. So we have to explain to over with a new detention policy that making political reconciliations. Their the American people and our allies the is comprehensive, it would help our army and police forces are getting disposition plan. What are we going to war effort, it would help operations in stronger. The story of the surge is that do with these detainees? Then where the countries in question and in the

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5652 CONGRESSIONAL RECORD — SENATE May 20, 2009 Mideast at large, and it would repair You are afraid that civilian justice, ju- trative setting. These are administra- damage with our allies. Quite frankly, rors and judges, will have revenge on tive hearings. But this war is different. we have lost a lot of court decisions. It their mind. They are not covered by There will never be an end to this war. would give us a better chance to win in the Geneva Conventions. Participants We will never have a signing on the court. in a military commission are covered Missouri as we did in World War II. I What do I mean by starting over? by the convention—every lawyer, every realize that. An enemy combatant de- Come up with a disposition plan that judge, every juror. They have an obli- termination could be a de facto life understands that the detainees at gation to hold to the tenets of the con- sentence. So I am willing to build in Guantanamo Bay represent a military vention and any misconduct on their more due process to accommodate the threat and apply the law of armed con- part in a trial could actually result in nature of this war. flict in their cases. That means we prosecution to them or disciplinary ac- What I have proposed is that every have to treat them humanely. The Ge- tion, and that would not be true in the detainee determined to be an enemy neva Conventions now apply to detain- legal world. So having these trials in a combatant by our military would go to ees under Common Article 3 held at military commission setting is the a group of military judges with uni- Guantanamo Bay based on a 2006 Su- proper venue because they are accused form standards where the Government preme Court decision. We are bound by of war crimes. Having the trials in would have to prove to an independent that convention because we are the military commissions is consistent judiciary by a preponderance of the leader of the convention. We have with the Geneva Conventions. It is a evidence that the person is, in fact, an signed up to the convention. As a mili- world-class justice system. Quite enemy combatant, and if our civilian tary lawyer for 25 years, I hold the Ge- frankly, it is the best place to balance judges who are trained in reviewing neva Conventions near and dear to my our national security interests. evidence agree with the military, that heart, as every military member does, But to the hard part. We can do that. person can be kept off the battlefield because it will provide protections to We can reform the commissions. Some as long as there is a military threat. our troops in future wars. Yes, I know of these detainees can be repatriated About 12 percent of the detainees real-Qaida will not abide by the conven- back to third countries in a way I leased from Guantanamo Bay have gone back to the fight. The No. 2 al- tions but, quite frankly, that is no ex- think is rational and will not hurt our Qaida operative in Somalia is a former cuse for us to abandon what we believe national security interests. But there Gitmo detainee. It is true we put peo- in. When you capture an enemy pris- is going to be a group of detainees— ple in Gitmo, in my opinion, where the oner, it becomes about you, not them. maybe half or more—where the evidence is sound and certain that they net was cast too large and they were They don’t deserve much, but we have not properly identified. You are going are a member of al-Qaida, but it is not to be Americans to win this war. There to make mistakes. What I want to do is of the type that you would want to go are plenty people in this world who have a process that our Nation can be to a criminal trial with. It may have would cut your head off without a proud of: transparent, robust due proc- third country intelligence service in- trial. I want to show the world a better ess, an independent judiciary checking way. How we dispose of these prisoners formation where the third country and balancing the military, but never can help us in the overall ideological would not participate in a criminal losing sight that the goal is to make struggle. trial because it would compromise sure that the determination of enemy What I am proposing is that we come their operations. Some type of evi- combatant is well founded and, if it is, up with a comprehensive plan that will dence would be such that you would not to release people back to the fight reform the military commissions and not disclose it in a criminal trial be- knowing they are going to go back and that the President come back to the cause it would compromise national se- kill Americans. That doesn’t make us a Congress and we have another shot at curity. You have to remember, when better nation, to have a process where the commissions to make them more you try someone criminally, you have you have to let people go when the evi- due process friendly but we realize that to prove the case beyond a reasonable dence is sound and clear they are going the people we are trying are accused of doubt. You have to share the evidence to go back to the fight. That does not war crimes and we apply the law of with the defendant. You have to go make us a better people. You do not armed conflict. through the rigors of a criminal pros- have to do that under the law of armed I have been a military lawyer, as I ecution. Under a military commission conflict. Let’s come up with a new sys- said, for 25 years. The judges and the people are presumed innocent, and that tem that will give every detainee a full jurors and the lawyers who administer is the way it should be. But I want and fair hearing in Federal court. If justice in a military commission set- America to understand that we are not they are tried for war crimes, put them ting are the same people who admin- charging everyone as a war criminal; in a new military commission, and ister justice to our own troops. It is a we are making the accusation that you every verdict would be appealed to ci- great legal forum. You have rights in are a member of al-Qaida. In military vilian judges. Let the trials be trans- the military legal system. You get free law what you have to do if you are ac- parent. Balance national security legal counsel. Usually cost is not an cusing someone of being part of the against due process. But never lose object. The men and women who wear enemy force is prove by a preponder- sight of the fact that we are dealing the uniform who serve as judge advo- ance of the evidence that you are, in with people who have taken up arms cates take a lot of pride in their job. fact, a part of the enemy force. against the United States. Some of They are great Americans. They are So what I would propose is to set up them are so radical and their hearts great officers. They believe in justice. a hybrid system. For every detainee have been hardened so much, they are We have seen verdicts, and the few ver- once determined to be an enemy com- so hate-filled, it would be a disaster to dicts we have had at Guantanamo Bay batant by our military or CIA, there this country and the world at large to indicate that our juries are rational. will be a process to do that, a combat let them go in the condition that exists Our military jurors do hold the pros- status review tribunal, and we need to today. ecution to the standards of proof and improve that process—but you run Where to put them. Mr. President, they balance the interests of all par- each detainee through that process and 400,000 German and Japanese prisoners ties. As I say, I have never been more if the military labels them as an un- were housed in the United States dur- impressed with the legal system than lawful enemy combatant, a member of ing World War II, and 15 to 20 percent, within our military justice system. al-Qaida, then we will do something we according to the historical record, were Military commissions need to be as have never done in any other war, and hardened Nazis. A hardened Nazi is at much like a court-martial as possible, that is allow that detainee to go into the top of the pecking order when it but practicality dictates some dif- Federal court. comes to mass murder. The idea that ferences. Under article 5 of the Geneva Con- we cannot find a place to securely The one thing this body needs to un- ventions, status decisions are made by house 250-plus detainees within the derstand is that it is illegal under the the military, not by civilian judges. It United States is not rational. We have Geneva Conventions to try an enemy is usually done by an independent done this before. They are not 10 feet prisoner in civilian court. Why is that? member of the military in an adminis- tall.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5653 It is my belief that you need a plan a comprehensive disposition plan that be a controversial amendment. In fact, before you close Gitmo, and when you will find a new way to try these people, I commend my colleagues on the look at a new facility, it needs to be a new process to hold them off the bat- Democratic side for recognizing the fu- run by the military because under the tlefield, and always operating within tility of trying to put funding in the Geneva Conventions you cannot house our values, which will allow our com- bill that we are debating here without enemy prisoners in civilian jails. manders the chance to start over in the having a plan with which to close I look forward to working with the region. Every military commander I Guantanamo Bay. President of the United States to start have talked to said it would be bene- It seems to me, at least, that a lot over, but we need a plan to start over— ficial to this country to start over with have gotten up and argued that having a plan to try these people, consistent detainee policy. They also understand Guantanamo Bay open as a detention with the law of armed conflict, in a that we are at war and we need to have facility makes our country less safe. I military commission that is reformed, a national security system. argue the contrary. That didn’t exist that will administer justice fairly and As to where we put them, there were prior to 9/11, and we were attacked any- balanced and will realize that these six prison camps in South Carolina way. The people who want to attack us people present a military threat. We during World War II. There is a brig don’t need an excuse; they are going to need a system to allow for keeping the near the city of Charleston, a naval attack us anyway. They are going to detainees off of the battlefield—who brig. It is not the location, because it attack us because they hate us and are committed jihadists—that will is near a population center. The place I they hate our way of life and the allow them to have their day in court have in mind is an isolated part of the things we stand for and because that is with an independent judiciary but also United States—if necessary—that will what they do. They have hate in their will allow a process that will keep be run by the military, with a secure hearts. I believe we need to have a place where we can detain people like them off the battlefield as long as they perimeter, that will be operating with- are dangerous. If the judges agree with that. It seems to me at least that the in the Geneva Conventions require- the military on the enemy combatant, Guantanamo Bay facility fits perfectly ment, that will have a justice system you should have an annual review proc- within the definition of what makes attached to it, that will be transparent ess to determine whether they present sense. It is a state-of-the-art facility, a and open where we can administer jus- a military threat. No one should be $200 million facility. Nobody has ever tice and reattach our Nation to the held without a pathway forward, but no escaped from it. It is a very secure fa- values we hold so dear. one should be released because you cility. It is hundreds of miles away Part of war is capturing prisoners. think this is a crime we are dealing from American communities. That is part of war. We know what the with. One thing I point out to my col- If you criminalize this war and do other side does when they capture a leagues is that we have already ex- not use the law of armed conflict, you prisoner. Let the world know that pressed our view here in the Senate are going to make a huge mistake. America has a better way, a way that about whether these detainees ought to There are countries that have terror will not only make us safe but help us be transferred somewhere here into suspects in jail right now that are win this war. American society and into facilities in In conclusion, the goal of this effort about to have to release them because American communities and neighbor- under criminal law you cannot hold to start over is to undermine the en- hoods. In July of 2007, we took a vote in them indefinitely. Under military law, emy’s propaganda that has been used the Senate, and by a vote of 94 to 3, the you can hold the enemy force off the against us because of our past mis- Senators voted in favor of a resolution battlefield if they are properly identi- takes, allow our allies to come join us that would prevent these detainees fied as part of that force, as part of the in a new way forward, and protect us from coming here—being released into military threat. That has been the law against a vicious enemy that needs to American society or transferred into for hundreds of years, and it ought to be held off the battlefield, maybe for- facilities in American communities be the law we apply. Where we put ever. Some of these people are literally and neighborhoods. Those in favor of them is important, but what we do going to die in jail, and that is OK with that resolution at the time included with them is more important, how we me because I think the evidence sug- both the current Vice President of the try them and detain them. gests that if we ever let them out, they United States and the current Sec- We have a chance to show the world would go back to killing Americans, retary of State. that there is a better way, a chance to our friends, and our allies. I will not My hope would be that this amend- showcase our values. Yes, give them shed a tear. The way to avoid getting ment offered by the Senator from lawyers and put the evidence against killed or going to jail forever is, not to Oklahoma and the Senator from Ha- them under scrutiny. Put burdens on join al-Qaida. If you have made that waii will receive that same measure of ourselves, make us prove the case—not decision to do so, let it be said that support that was accorded to the just say it is so, prove it in a court that this Nation is going to stand up to you amendment adopted in the Senate in is appropriate for the venue we are and fight back, within our value sys- July of 2007 by a vote of 94 to 3. This talking about, appropriate for the deci- tem. Some of these people will never amendment should receive that same sions we are about to make. Put that see the light of day, and that is the measure of support. burden on us, and treat them humanely right decision. Some of them can be re- As I noted last week in a speech on because that is the way we are. That leased. the floor, President Obama told us, may not be the way they are, but that Let’s have a process that understands when he issued his January 22 Execu- is the way we are. That makes us bet- what we are trying to do as a nation. tive order to close Guantanamo, that ter than they. The fact that we will do Make sure it is national security ori- he would work with Congress on any all these things and they won’t is a ented, make sure it is within our value legislation that might be appropriate. strength of this Nation, not a weak- system but also that everything we do Instead of consulting Congress, the ness. Some people in the past have lost is as a result of a nation that has been President asked for $80 million to close sight of that. The fact that we give attacked by these people. They have Guantanamo, with no justification or them lawyers and a trial based on the not robbed a liquor store; they have indication of any plan. evidence, not prejudice and passion, tried to destroy our way of life. The I believe any plan to close Guanta- makes us stronger. legal system I am proposing recognizes namo that includes bringing these ter- We will find a better way to do what that distinction. rorists into the United States is a mis- we have been doing in the past. We will I yield the floor. take. We don’t want the killers who are find a way to close Gitmo, and we will The ACTING PRESIDENT pro tem- held there to be brought here into our come up with a new plan because we pore. The Senator from South Dakota communities. are Americans and we are committed is recognized. It is deeply troubling that not only to our value system and committed to Mr. THUNE. Mr. President, I rise to does the Obama administration wish to beating this enemy. express my strong support for the hold open the possibility that some de- I look forward to working with the Inouye-Inhofe amendment and suggest tainees might be transferred to facili- Members of this body to come up with to my colleagues that this should not ties in American communities, it is

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5654 CONGRESSIONAL RECORD — SENATE May 20, 2009 even considering freeing some of them try to be incarcerated and certainly the supplemental bill we give them a into American society. These are the 17 should not be brought into the United helping hand because the war in Iraq Chinese Uighers whose Combat Status States and freed. The Senate has clear- has created a situation which we Review Tribunal records were deemed ly spoken on that front, as I said, by a should address in Jordan. insufficient to support the conclusion vote of 94 to 3 on a resolution, in July It also provides additional support to that they are enemy combatants but 2007, that detainees housed at Guanta- the Global Fund which partners with who cannot be returned to China be- namo Bay should not be released into other nations to tackle AIDS, tuber- cause of fear that the Chinese Govern- American society and not transferred culosis, and malaria. I have worked ment will torture or kill them. stateside into facilities in American with my colleagues for years to provide At a press conference on March 26, communities and neighborhoods. adequate funding for the Global Fund. ADM Dennis Blair, the Director of Na- Guantanamo is secure. The facility is I am glad this supplemental request tional Intelligence, said this: a $200 million state-of-the-art prison. from the Obama administration con- If we are to release them [the Uighers] in No one has ever escaped, and the loca- tinues critical food assistance to help the United States, we need some sort of as- tion makes it extremely difficult to at- meet urgent needs of the world’s poor- sistance for them to start a new life. tack. Best of all, it is located hundreds est, which is also included. Funding is It is hard to believe that this admin- of miles from American communities. provided to help stem the flow of drugs istration is seriously considering free- If the President wants to close Guanta- and violence across our border in Mex- ing these men inside the United States namo, he must do so in a way that ico. and, most outrageous of all, paying keeps America safe. In my view, Amer- At home, the supplemental includes them to live freely within American ica is less safe if Guantanamo detain- money to prepare and to respond to a communities and neighborhoods. The ees are brought into the United States. global disease pandemic, including the American people don’t want these men I appreciate the hard work of Senator recent H1N1 virus. This $1.5 billion walking the streets of America’s neigh- INHOFE and Senator INOUYE on this went through my subcommittee and is borhoods. issue. I hope when we have the vote money well spent so the President can The American people don’t want today, my colleagues will adopt this have resources to respond quickly to these detainees held in a military base amendment with the same level of sup- any outbreak of disease or pandemic; or a Federal prison in their backyard port that we adopted the resolution that we would have adequate money either. These are not common crimi- back in July of 2007 by a vote of 94 to for vaccinations, as well as providing nals; these are hardened killers bent on 3, stating very clearly that it is the medications, should people be stricken. the destruction of the United States. view of the Senate that these detainees We are looking ahead, planning ahead, They are resourceful, these people are should not be brought into American thinking ahead, hoping the H1N1 will innovative, and they understand the disappear from the world scene before communities, into American neighbor- strategic vulnerabilities of the United the next flu season but being prepared hoods. I would argue they ought to be States and how to exploit those very if it does not or if something else held right where they are, in a place vulnerabilities. Who would have pre- threatens us. that is safe, that is secure, that is state dicted that this group of people would This bill also provides funds critical of the art, where they receive the very basically be able to steal a fleet of to helping President Obama meet a key best of treatment, where no one has planes and cause death and destruction campaign promise—bringing an end to ever escaped, hundreds of miles away on the scale and magnitude of Pearl the war in Iraq. In late February, from American communities and Harbor? It is hard to imagine a more President Obama made an important dangerous set of circumstances to put neighborhoods. announcement to thousands of marines I hope my colleagues will support upon an American community. at Camp Lejeune: bringing an end to Since President Obama seems set on this amendment. the war in Iraq. After only 5 weeks into a course to bring terrorists into the I yield the floor. I suggest the ab- office, he delivered on his major cam- United States, I strongly support the sence of a quorum, and I ask unani- paign promise to end one of the longest mous consent that the quorum call be efforts of Senators INHOFE and INOUYE wars in American history. to introduce this amendment. The charged equally to both sides. The President’s plan is measured, amendment would prevent any funding The ACTING PRESIDENT pro tem- thoughtful, and will bring an end to in the bill from being used to transfer pore. Without objection, it is so or- this costly and unnecessary war. The detainees held at Guantanamo Bay to dered. The clerk will call the roll. supplemental also wisely shifts re- any facility in the United States or to The bill clerk proceeded to call the sources to the real sources of the Sep- construct, improve, modify, or other- roll. tember 11 attacks on America—Af- Mr. DURBIN. Mr. President, I ask wise enhance any facility in the United ghanistan. For too long, this war in Af- States for the purpose of housing any unanimous consent that the order for ghanistan did not receive adequate ci- Guantanamo detainees. the quorum call be rescinded. vilian and military resources as they If we must close Guantanamo Bay, it The ACTING PRESIDENT pro tem- had been diverted to the war in Iraq. should not result in Americans being pore. Without objection, it is so or- The supplemental corrects this mis- less safe. Bringing these detainees to dered. take. the United States would make Ameri- Mr. DURBIN. Mr. President, it is my It also focuses resources on Pakistan, cans less safe, and we should not do it. understanding that we are on the sup- a nuclear-armed nation struggling with Transferring these detainees would plemental appropriations bill at this insurgents based in the border area also stress the civilian governments in point. with Afghanistan. It provides pay and the communities where the detainees The ACTING PRESIDENT pro tem- allowances to our brave men and would be placed. They would be faced pore. That is correct. women in the U.S. military. These are with overwhelming demands, from Mr. DURBIN. Mr. President, I want some of the many important needs roadblocks to identification checks, the record to show that I support Presi- which deserve our support. along with having the increased secu- dent Obama’s supplemental request for The President should be commended rity personnel necessary to deal with the remainder of fiscal year 2009. This for recently presenting a budget for what is an obvious threat. The value of supplemental provides critical funding 2010 which moves away from repeated homes and businesses would decline. for military and security efforts in Af- supplementals. This got to be a habit I can tell you that South Dakotans ghanistan, Pakistan, and Iraq. A small around here. We didn’t go through an definitely don’t want these detainees in portion is for international programs, orderly debate on the budget about their State. I hope my support of the including assistance to Jordan, one of wars. Every time President Bush want- Inouye-Inhofe amendment will help to our important allies in the Middle ed money for a war, he said: I am de- ensure that they will not be trans- East. Jordan is struggling with a huge claring this an emergency. It will not ferred to South Dakota or to anywhere influx of Iraqi refugees that strains its be considered in the ordinary budget else in the United States. national services and particularly its process. Here it is. My view is that no Guantanamo de- water resources. Jordan has been a An emergency is defined as some- tainee should be brought to this coun- friend and ally, and it is right that in thing unanticipated. After 5 or 6 years

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5655 of emergencies, you begin to realize For 8 years, Republicans criticized viewing the files of each Guantanamo you can anticipate next year we are Democrats who asked questions about detainee and gathering evidence to de- going to have another unanticipated the misguided war in Iraq and con- termine if each detainee can be pros- emergency. troversial policies related to interroga- ecuted. Isn’t that what we want, an or- This President, President Obama, tion, detention, and warrantless sur- derly process looking at each detainee wants to change that so that we go to veillance. to determine whether they are guilty an orderly budget process. This supple- For 8 years, they claimed congres- of wrongdoing, deciding whether they mental bill will be the last of the re- sional oversight was nothing more can be prosecuted, whether they should quests, and I think it is one we should than micromanaging the important be detained and doing this with the un- honor as he tries to tackle some situa- and critical work of the Commander in derstanding that a lot of the informa- tions that were given to him when he Chief. tion is classified and most of it should took office just a few months ago. The Now, after 8 long years, the Repub- be carefully guarded so as not to jeop- President inherited many challenges at licans are unwilling to give President ardize the prosecution? home and abroad, and I hope, on a bi- Obama a few short months to formu- The McConnell amendment would partisan basis, we can help him address late and present a plan for closing say: Let Congress take a look at each them. Guantanamo. detainee and all the evidence. That This supplemental appropriations Let’s take one example. The distin- does not make sense, and I hope Mem- bill will provide critical funding for our guished minority leader, Senator bers of the Senate will reject it. troops in Afghanistan and Iraq, and I MCCONNELL, has offered an amendment The last thing Congress should do is hope Congress passes it. that would require the President to interfere with the efforts of the Obama Unfortunately, my colleagues on the submit a detailed report to Congress on administration to gather evidence other side of the aisle have decided to each detainee at Guantanamo Bay, in- against terrorists that could ulti- use this legislation to open a debate cluding a summary of the evidence mately bring them to justice. about the future of Guantanamo. They against each detainee. There is another amendment. Sen- have filed a number of amendments re- For many years, the Bush adminis- ator JOHN CORNYN of Texas has an lated to this issue. I am sure it is not tration refused to provide Congress amendment that has 18 detailed find- their intention, but these amendments with even a list of the names of the de- ings about the Bush administration’s will have the effect of slowing down detainees at Guantanamo. They claimed use of abusive interrogation tech- livery of critical funding for our that a disclosure of those names would niques, such as waterboarding. troops. Nevertheless, it is their right to threaten national security. I don’t re- Among other things, the Cornyn offer these amendments, and though call Senator MCCONNELL or anyone amendment claims these techniques they are not germane to this legisla- from his side of the aisle protesting ‘‘accomplished the goal of providing in- tion, they raise policy questions which this lack of disclosure by the previous telligence necessary to defeat addi- we can debate. administration. tional terrorist attacks against the Senator INOUYE, the chairman of the Appropriations Committee, has offered Yesterday, Senator MCCONNELL said United States.’’ To say the least, we an amendment, which has broad sup- his amendment is designed to prevent could debate that proposition for quite port on both sides of the aisle, that will released Guantanamo detainees from some time. eliminate any funding in this bill for getting involved in terrorism. He said: Former Vice President Cheney has closing Guantanamo and make clear Recidivism is of great concern for those of been burning up the cable channel air- that none of the funds in this bill can us who have oversight responsibilities here waves in recent weeks. He claims in Congress. be used to transfer Guantanamo de- waterboarding produced valuable intel- tainees to the United States. I do not recall Senator MCCONNELL, ligence in the interrogation of al-Qaida Here is the bottom line: There will or any other Republican, protesting leader Abu Zubaydah. But back in 2004, not be any Guantanamo funding in this when the Bush administration, over Vice President Cheney also told us the bill. So for the Republicans to bring up the course of many years, released hun- Bush administration had learned from a series of Guantanamo amendments dreds of Guantanamo detainees, some interrogations at Guantanamo that the tells me they are more intent on rais- of whom have actually been involved in Iraqi Government had trained al-Qaida ing an issue than on responding to the acts of terrorism since they were rein the use of biological and chemical critical need this supplemental ad- leased. weapons. We now know there was no dresses. So during the Bush years, while such link between al-Qaida and Iraq. These amendments are also pre- Guantanamo was churning hundreds of This was part of the justification for mature. President Obama has not yet detainees, some being released and re- the invasion of Iraq, and Vice Presi- presented his plan for closing Guanta- turned to their countries, there was dent Cheney told us the interrogation namo to the Congress and the Amer- not a whimper or a peep from the Re- at Guantanamo was producing the in- ican people. When he does, we will have publican side of the aisle. Now that formation to confirm a link that never plenty of opportunity to debate it. This President Obama has said the days of existed. bill, which will provide critical funding Guantanamo are numbered, they are What about Abu Zubaydah? Just last for our troops, is not the right place for coming in asking for detailed account- week in the Judiciary Committee we this debate. This is not the right time. ing of every single detainee. It is clear- heard testimony from a former FBI In fact, some of the amendments would ly a double standard. agent who actually interrogated him. have the effect of tying President There is also concern that the He testified under oath in our com- Obama’s hands, preventing him from McConnell amendment could taint mittee that he obtained valuable intel- moving forward with the closure of prosecutions of Guantanamo detainees ligence from Abu Zubaydah using tra- Guantanamo before he has even had by requiring the Obama administration ditional interrogation techniques and the chance to present his plan. to turn over critical evidence to Con- that abusive techniques, such as There is a great irony here. For 8 gress. Imagine for a moment that we waterboarding, are ‘‘harmful, slow, in- long years, Republicans opposed con- gathered evidence that can be used suc- effective, and unreliable.’’ gressional oversight of the Bush ad- cessfully to either detain or prosecute Senator CORNYN does not serve on ministration’s counterterrorism ef- one of the detainees, and Senator the Intelligence Committee. I don’t forts. When Democrats in the minority MCCONNELL insists that it be shared know the basis for his claim that during the Bush years would ask for with Members of Congress. Is that in waterboarding produced intelligence oversight by congressional committees the interest of national security? I that prevented terrorist attacks. I do so that we could get more information don’t think so. know the Intelligence Committee, about a variety of issues relative to For 7 years after the 9/11 attacks, the under Senator DIANNE FEINSTEIN’s terrorism, we were told: No, the Presi- Bush administration failed to convict leadership, is now conducting a de- dent has an important job to do and any of the terrorists who planned these tailed, thoughtful, and thorough inves- don’t bother him, Congress; leave him attacks. At President Obama’s direc- tigation into the Bush administration’s alone. tion, career prosecutors are now re- detention and interrogation practices. -

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5656 CONGRESSIONAL RECORD — SENATE May 20, 2009 I have said publicly—others have said that nothing possibly could have been GEN Colin Powell and many other it as well, including the majority lead- done that was illegal or wrong? That military leaders have said for some er, Senator REID—that before we talk would be the height of irresponsibility, time that closing Guantanamo will about creating an outside commission, should we pass that amendment. make America safer. Experts say Guan- the Senate Intelligence Committee Decisions about whether crimes were tanamo is a recruitment tool for al- should be allowed to do its work so committed should be made by career Qaida and hurts our national security. Members of Congress can at least prosecutors based on the facts and the That is why President Obama, like learn, through open and classified in- laws, not political considerations or President Bush, Senator JOHN MCCAIN, formation, what did happen. But Sen- statements made by Senators on the and many others, wants to close Guan- ator CORNYN can’t wait. Senator floor without evidence to back them tanamo. CORNYN wants to pass out ‘‘get out of up. I urge my colleague from Texas to Some of my Republican colleagues jail free’’ cards to the previous admin- withdraw his amendment and allow the argued that Guantanamo is the only istration before we even have a thor- Justice Department to do its work. appropriate place to hold the detainees ough examination of what happened. There is an organization which I like because ‘‘we don’t have a facility that One of the things the Intelligence and respect very much called Amnesty could handle this in the United States’’ Committee is reviewing is the effec- International. When you take a look at and American corrections officers tiveness of these techniques in obtain- JOHN CORNYN’s amendment, he would would ‘‘have no idea what they are get- ing useful intelligence. The Senate is qualify for some amnesty award be- ting into.’’ Well, I would say to my col- certainly not in a position today to go cause he wants the Senate to go on leagues who made those statements on record with conclusions such as record offering amnesty when it comes that they ought to take a look at some those in Senator CORNYN’s amendment to the interrogation of detainees by of our secured facilities in the United before the Intelligence Committee even not only—and let me go through the States and they ought to have a little completes its investigation. It is not list—any person who relied in good more respect for the men and women only premature, it certainly is ques- faith on those opinions at any level of who are corrections officers, who put tionable as to whether we should be en- our Government, but also it includes their lives on the line every single day gaged in this debate until their work is Members of Congress who were briefed to keep us safe and who make sure done. on the interrogation program. those who are dangerous are detained I might remind Senator CORNYN, and To offer this kind of a statement and incarcerated. those following this debate, that the ahead of time, without any gathering The reality is, we are holding some of Intelligence Committee is a bipartisan of evidence or fact, is, in my mind, an the most dangerous terrorists in the committee. It works in a bipartisan indication of how nervous some people world right now in our Federal prisons, fashion. Senator BOND and Senator are on the other side of the aisle. We including the mastermind of the 1993 FEINSTEIN and others can continue to should let this run its course in a pro- World Trade Center bombing, the ‘‘shoe work together to come to good conclu- fessional manner. We shouldn’t make a bomber,’’ the ‘‘Unabomber,’’ and many sions, to provide the Senate with good political decision, and we should defeat others. evidence, before we jump at the Cornyn the Cornyn amendment. Senator MCCONNELL said yesterday, amendment, which reaches conclusions Several of my Republican colleagues ‘‘No one has ever escaped from Guanta- not based on fact. came to the floor yesterday to criticize namo.’’ Well, that is true, to the best Senator CORNYN’s amendment would President Obama’s intention to close of my knowledge. But it is also true also express the sense of the Senate Guantanamo and argue it should re- that no prisoner has ever escaped from that no one involved in authorizing the main open. I listened carefully to their a Federal supermaximum security fa- use of abusive interrogation tech- arguments, and, frankly, there were cility in the United States. niques, such as waterboarding, should enough red herrings to feed all the de- In fact, the Bureau of Prisons is cur- be prosecuted or sanctioned. It is inap- tainees at Guantanamo. rently holding 347 convicted terrorists. propriate for Congress to interfere in One of my colleagues said President Is Senator MCCONNELL going to come ongoing investigations by the Justice Obama wants to close Guantanamo ‘‘to to the floor and say they should be Department. be more popular with the Europeans.’’ moved from these Federal correctional During the Bush administration, po- Well, I know President Obama. I facilities because they pose a threat to litical interference significantly underserved with him. He was my colleague the United States being incarcerated in mined the credibility and effectiveness in the Senate. His first interest is the the continental United States? I of the Justice Department. Attorney United States and its safety. But the haven’t heard that. But in his efforts General Holder has pledged to restore safety of the United States also in- to keep Guantanamo open at any cost, the integrity and the independence of volves being honest about what has he wouldn’t even consider allowing a that department. happened. What happened at Abu detainee to be brought to the United There are two ongoing investigations Ghraib and what happened at Guanta- States for trial and being held, even into the Bush administration’s interro- namo has sullied the reputation of the temporarily, in any type of secure fa- gation practices. One investigation is United States and has endangered alli- cility. looking into the CIA’s destruction of ances which we have counted on for Republicans are criticizing the Presi- evidence of interrogation videotapes. decades. President Obama is trying to dent, but the reality is, they do not The other is an investigation of Justice change that. By closing Guantanamo have a plan themselves to deal with Department attorneys who authorized and responsibly allocating those de- Guantanamo. I assume, from Senator abusive techniques such as tainees to safe and secure positions, he MCCONNELL’s statements, he would waterboarding. is going to send a message to the world leave it open. He doesn’t care about the Here is the reality: Both of these in- that it is a new day in terms of Amer- impact this might have on the United vestigations didn’t begin under Presi- ica’s foreign policy. States around the world. If he has a dent Obama. They began under the The American people want to see plan to close it, I would like to hear it. Bush administration. Both are being that. They want a safer world and be- I think he ought to come forward and conducted by Department of Justice lieve that if the United States can join with President Bush, join with attorneys. So the suggestion that this work closely with our allies around the President Obama, join General Powell, is some partisan witch hunt is obvi- world who are opposed to terrorism, we join Senator MCCAIN, Senator GRAHAM, ously false. will be safer. That is what President and others who have said Guantanamo You wonder, with these two Depart- Obama is setting out to do. Some of should be closed. Otherwise, unfortu- ment of Justice investigations under- those allies may, in fact, be European. nately, he is being critical of the Presi- way and with the Senate Intelligence They may be African or Asian. They dent’s intentions without producing his Committee doing a thorough investiga- could be from all corners of the Earth. own approach. tion of this subject, why does Senator But if they share our values and want The Bush administration had many CORNYN want to come to the floor and to work for common goals, President years to deal with Guantanamo, but have the Senate go on record saying Obama wants to work with them. they didn’t follow through. President

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5657 Obama has taken on the challenge of same time, I believe the new adminis- sist the Taliban. Because of—No. 1, the solving one of the toughest problems tration deserves an opportunity to at- vulnerability of our supply routes; No. his administration faces, beyond the tempt to bring a greater sense of sta- 2, the instability of the Government state of our economy. The President is bility into that region. It is a big gam- itself, obviously which we are attempt- taking the time to carefully plan for ble. ing to assist; and No. 3, the focus of the closing of Guantanamo, with the As I mentioned to General Petraeus Pakistan in terms of its principal na- highest priority being the protection of when he was testifying, and as I men- tional security objectives as being America’s national security. tioned to other witnesses before the India rather than Afghanistan itself— I urge my Republican colleagues to Armed Services and the Foreign Rela- that leads to a situation where we withdraw these Guantanamo amend- tions Committee, the biggest gamble must have a measurable source of con- ments. These amendments don’t fit in we face with respect to the policies trol and accountability over the money the supplemental appropriations bill. that have been announced in Afghani- we are going to appropriate to assist They tie the President’s hands and stan and Pakistan are that we are basi- the situation in Pakistan as it relates keep him from making the necessary cally allowing ourselves to be meas- to international terrorism, the future decisions to keep us safe and to make ured by unknowns, over which we have stability of Pakistan, and attempting sure terrorists do not, in any way, no real control. In Afghanistan, this is to defeat al-Qaida. threaten the United States. They also very clear, when we put as one of our With all that in mind, I asked a se- slow down our efforts to provide crit- objectives the creation of an Afghani ries of questions last week in the ical funding for our troops in Afghani- national army. I asked General Armed Services Committee to Admiral stan and Iraq. Petraeus if he could tell me at what Mullen, the Chairman of the Joint I hope when this matter comes before point in the Afghan history has there Chiefs of Staff. This basically was the the Senate in the hours ahead, my col- ever been a viable national army, and line of questioning. First, do we have leagues will read carefully and closely, the answer is, except for a period of evidence that Pakistan is increasing particularly the amendments by Sen- about 30 years when the Afghanis were its nuclear program in terms of weapon ator CORNYN and by Senator MCCON- sponsored by the Soviets, there was no systems, warheads, et cetera? Admiral NELL. The amendment by Senator viable national army. And even there it Mullen gave me a one-word answer— CORNYN, which grants a sense-of-the- was not one you would measure in the yes. I declined to pursue that answer Senate amnesty to those who were in- same context of what we are saying we because I didn’t believe that was the volved in interrogation techniques, is are going to attempt to achieve. So appropriate place to have a further dis- not consistent with a nation that is that puts our success in the hands of a cussion. But I did say, and I believe guided by the rule of law. For that Sen- rather speculative venture but one I now, this should cause us enormous ator to make conclusions in his amend- hope we can achieve in some form. concern at a time when we are having ment that have not been supported by I would also point out an article in so much discussion in this country evidence and fact should be grounds the New York Times today, which about the potential that Iran would ob- enough for us to reject his amendment. points out there was a good bit of tain nuclear weapons, where Pakistan, I don’t know where these investiga- American weaponry ammunition found an unstable regime in a very volatile tions in the Department of Justice or in the aftermath of battle between the part of the region, not only possesses the Intelligence Committee will lead, Taliban and American forces, which nuclear weapons but is increasing its but if we are truly sworn to uphold the shows there are munitions that were nuclear weapons program. Constitution and the laws of our land, procured by the Pentagon that now I then asked Admiral Mullen: Can we should allow them to run their seem to be in the hands of the troops you tell me what percentage of the $12 course with the facts and law being who are fighting against Americans. I billion that has gone to Pakistan since honestly considered by those different would point out that is not unusual for 9/11 has gone toward its defense meas- panels. this region. When I was Secretary of ures related to India or to other areas Senator MCCONNELL’s amendment, the Navy more than 20 years ago, one that are not designed to address di- which asks for more detailed informa- thing we were seeing in the Persian rectly the terrorist threat or the action about detainees at Guantanamo Gulf, with the Iranian boghammers at- tivities of the Taliban? The answer was than any Republican ever dared ask tempting to attack our vessels, was we do not know. No. We cannot meas- under the Bush administration, could that some of the rocket-propelled gre- ure those with any degree of validity jeopardize the prosecution of terror- nades that were found in these because of the opaqueness in the Paki- ists. Is that a good idea? It is certainly boghammers actually could be traced stani Government. not. I certainly hope my colleagues back to weapons we had given the I then asked him: Do we have appro- will join me in opposing the McConnell Afghani anti-Soviet fighters in Afghan- priate control factors, in terms of amendment as well. istan. It is a common occurrence in where future American money will go? I yield the floor. this region. Secretary Gates indicated there were The PRESIDING OFFICER (Mr. The question is, How we can mini- improved control factors, but we do not BEGICH). The Senator from Virginia. mize those sorts of occurrences? have the control factors in Pakistan as Mr. WEBB. Mr. President, I ask With respect to Pakistan, the situa- now exist even in countries such as Af- unanimous consent to speak with re- tion is even more difficult. ghanistan, with all the difficulties in spect to an amendment I have filed. We have very few control factors in that country. The PRESIDING OFFICER. Without Pakistan in terms of where our money With all of that in mind, I drafted a objection, it is so ordered. goes when we send it in or what hap- simple amendment. I hope this can go Mr. WEBB. Mr. President, I have pens to our convoys that go through into the managers’ package. I believe filed an amendment to this supple- Pakistan on the way to Afghanistan. all of us who are going to step forward mental appropriations bill which is de- Eighty percent of the logistical sup- right now and attempt to assist the ad- signed to put more transparency and plies that go to Afghanistan go by ministration can agree that what we more measurable control factors into ground through Pakistan. We cannot should have is a simple statement from the way we are spending these appro- defend those convoys. We have had the Congress, from the appropriators, priations with respect to the situation many occurrences since last summer that none of the funds we are appro- in Pakistan. where they have been interrupted, priating could be used for either of I would begin by saying I have a where they have been attacked, trucks these two purposes—No. 1, to support, great deal of concern, as do many have been destroyed, and other vehicles expand, or in any way assist the devel- Members of this body, with respect to have been stolen, et cetera. opment or deployment of the nuclear the achievability of some of the stra- In Pakistan there are a number of weapons program of the Government of tegic objectives that have been laid out reputable observers who point out that Pakistan; or, No. 2, to support pro- by the new administration. We are still some elements in the Pakistani mili- grams for which these funds in the ap- looking for clear and measurable end tary, particularly in their intelligence propriations act have not been identi- points to the strategy itself. At the services, actually have continued to as- fied.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5658 CONGRESSIONAL RECORD — SENATE May 20, 2009 It is a very simple amendment. It lines and enter into the United States. inadmissible to the United States those simply says no money will go directly However, as one of his very first acts in detained at Gitmo as of January 1 of or indirectly to assist Pakistan’s nu- January, President Obama ordered the this year. clear weapons program; No. 2, no closure of Guantanamo, but 4 months However, because Congress delegates money will be spent in any way other later he still does not have a plan to to the executive branch parole author- than the way we have identified it in accomplish this. Officials in his admin- ity, this administration could still this program and that the President istration have stated publicly that bring those terrorists detained at must certify this and must come back some of these detainees could be Gitmo into the United States. Parole every 90 days and recertify whether brought to the U.S., and some could authority is granted to the Attorney any funds have been appropriated for even be freed into the United States. General to allow aliens, who are other- those purposes. The disposition of the detainees at wise not qualified for admission to the I hope the managers of this bill can Gitmo is not a new issue. Over the past U.S., permission to enter our country accept this amendment. If not, I will several years, the military has trans- on a case-by-case basis—essentially a seek a vote on the floor. ferred the majority of detainees held at waiver for those otherwise inadmis- I yield the floor. Gitmo to other countries. However, the sible. Although aliens paroled into the AMENDMENT NO. 1144 success of these transfers is mixed at U.S. are not considered ‘‘admitted’’ for The PRESIDING OFFICER. The Sen- best. According to a Defense Intel- purposes of our immigration laws, they ator from Georgia is recognized. ligence Agency report from December are within the borders of our country Mr. CHAMBLISS. Mr. President, I 2008, 18 former detainees are confirmed and therefore become eligible to apply rise to speak about amendment No. and 43 are suspected of returning to the for asylum or seek other legal protec- 1144, the Protecting America’s Commu- fight after being released from Guanta- tions. nities Act, which I am offering to H.R. namo. This represents a recidivism To deal with this, my legislation also 2346, the supplemental appropriation rate of over 11 percent. Just two eliminates parole authority for the ex- bill. months later this rate rose to 12 per- ecutive branch as it pertains to those Before I begin my comments, I ask cent. These individuals do not even individuals detained at Gitmo as of unanimous consent to add Senator represent the most serious and dan- January 1, 2009. As such, there is no COBURN as an original cosponsor of S. gerous terrorists we have captured. basis for President Obama to allow 1071, which is a collateral stand-alone The most dangerous detainees remain these detainees to be transferred to bill, as well as a cosponsor to amend- at Gitmo. This data has likely risen U.S. soil. ment No. 1144. since December, but the Department of The Protecting America’s Commu- The PRESIDING OFFICER. Without Defense refuses to release the informa- nities Act also provides protections for objection, it is so ordered. tion under instructions from the ad- American citizens in the event Presi- Mr. CHAMBLISS. Mr. President, this ministration. If we start to release or dent Obama decides to try to exercise amendment amends immigration law transfer the most hardened terrorists some other authority to bring these to prohibit any detainee held at Guan- left at Gitmo, these numbers will only Gitmo detainees to the U.S., such as tanamo Bay Naval Facility from being increase further. the authority granted to him via Arti- transferred or released into the United One thing that is clear: we know that cle II of our Constitution. Again, we States. It is a little bit different from these detainees have remained loyal to know that if the detainees were trans- the vote we are going to be taking at al-Qaida and Osama bin Ladin despite ferred to the U.S., they would seek 11:30. being captured and remain a danger to legal protection under the generous There are over 240 terrorists in U.S. our national security. We have state- legal rights our Constitution grants custody at the military detention facil- ments from detainees avowing it is our citizens. However, our courts and ity in Guantanamo Bay, Cuba. Let me their goal to kill Americans, claiming our legal system were not established just describe some of the individuals that they ‘‘pray every day against the to try individuals detained on the bat- who reside at Guantanamo. Khalid United States.’’ Al-Qaida searches tlefield. Because of the nature of the Sheikh Mohammed—or KSM—is the every day for operatives who can evade global war on terror and evidence gath- self-proclaimed, and quite unapolo- our enhanced security mechanisms in ered against them from the battlefield getic, mastermind of the 9/11 attacks. its quest to commit another attack or through intelligence, the detainees KSM admitted he was the planner of 9/ against our homeland. It is important are unlikely to be suitable for prosecu- 11 and other planned, but foiled attacks to remember that most detainees held tion within the U.S. criminal courts. against the U.S. In his combatant sta- at Guantanamo were captured on the There is no ‘‘CSI Kandahar’’ in which tus review board, he admitted he swore battlefields in Afghanistan or Iraq and evidence picked up off the battlefield is allegiance to Osama bin Ladin, was a were determined to be a threat to our carefully marked and the chain of cus- member of al-Qaida, was the military Nation’s security. Whatever their ties tody is observed. operational commander for all foreign to terrorists groups or activities, these There is too much at stake to grant al-Qaida operations, and much more. individuals should never be given the the unprecedented benefit of our legal KSM and four other detainees, who are privilege of crossing our borders, even system’s complex procedural safe- charged with conspiring to commit the if incarcerated. To do so would be noth- guards to foreign nationals who were terrible 9/11 attacks, remain at Guanta- ing short of an invitation for al-Qaida captured outside the United States namo. to operate inside our homeland. KSM during a time of war. Allowing these In addition, Gitmo uses Abd al- and other high value detainees at terrorists to escape conviction—or Rahim al-Nashiri who was responsible Gitmo are no different, and do not con- worse yet, to be freed into the U.S. by for the October 2000 USS Cole bombing ceal their intent to harm Americans if our courts—because of legal technical- which murdered 17 U.S. sailors and in- given the chance. ities would tarnish the reputation of jured 37 others. Also residing a Gitmo My amendment would prevent those our legal system as one that is fair and are Osama bin Ladin’s personal body- terrorists at Gitmo from having that just. Prohibiting the detainees from guards, al-Qaida terrorist camp train- chance. Article I, section 8 of the Con- entering into the U.S., as the Pro- ers, al-Qaida bombmakers, and individ- stitution grants Congress the right to tecting America’s Communities Act uals picked up on the battlefield with ‘‘establish a uniform rule of naturaliza- does, is one small step in the right di- weapons trying to kill American sol- tion.’’ The Supreme Court has deter- rection. diers—our young men and women who mined that the power of Congress ‘‘to Further, if these individuals were to patriotically serve their country. The exclude aliens from the United States be brought to the U.S. by President detainees at Guantanamo are some of and to prescribe the terms and condi- Obama to be tried on our Article III the most senior, hardened, and dan- tions on which they come in’’ is abso- courts and not convicted, the only gerous al-Qaida figures we have cap- lute. My legislation capitalizes on the mechanism available to our Govern- tured. clear and absolute authority of Con- ment to continue to detain these indi- These are exactly the type of individ- gress to determine who enters our bor- viduals would be via immigration law. uals we hope never get past our front ders by first adding to the list of those However, the current immigration laws

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5659 on our books are insufficient to ensure these detainees will be brought to Yasser Hamdi, had the rights that all that these detainees would be America. The stakes are too high, and Americans are guaranteed under the mandatorily detained and continued to in order to maintain the highest degree Constitution. be detained until they can successfully of security and safety in our country, Third, in Hamdan v. Rumsfeld in be removed from our borders. we need to adopt the Protect America’s 2006, the Court declared invalid the Although I am adamantly opposed to Communities Act to ensure that they Pentagon’s process for adjudicating de- bringing any of these detainees to the never step foot inside of our Nation. tainees and extended to Guantanamo U.S., and I do not believe the President I yield the floor. detainees the protection from cruel, in- has independent authority to do so, I The PRESIDING OFFICER. The Sen- human, and degrading treatment found believe we need legislation to safe- ator from California. in Common Article Three of the Gene- guard our citizens and our commu- Mrs. FEINSTEIN. Mr. President, I va Conventions. nities in the event they are brought rise to give some views on Guanta- The administration responded by here. To that end, my legislation namo. I have had the privilege of serv- pushing through Congress the Military makes mandatory the detention of any ing with the distinguished Senator who Commissions Act. This legislation ex- Gitmo detainees brought to the U.S. has just concluded his remarks on the pressly eliminated habeas corpus rights It also strengthens and clarifies the Intelligence Committee of the Senate. and limited other appeals to procedure authority of the Secretary of the De- But I strongly disagree with him. I and constitutionality, leaving ques- partment of Homeland Security to de- would like to have the opportunity to tions of fact or violations of law tain any of the Gitmo detainees until make the case. unresolvable by all Federal courts. they can be removed. This statutory First of all, Guantanamo is not sov- This happens nowhere else in American fix is needed because in 2001, the Su- ereign territory of the United States. law. But this Military Commissions preme Court decided the case of Under a 1903 lease, however, the United Act was enacted in the fall of 2006. Zadvydas v. Davis, holding that unless States exercises complete jurisdiction That law was then challenged there is a reasonable likelihood that an and control over this naval base. through the courts and overturned in alien being held by the Government In December 2001, the administration the final Supreme Court decision in will actually be repatriated to their decided to bring detainees captured this area, Boumediene v. Bush, decided government within a given period of overseas in connection with the war in in 2008. time, that alien must be released and In Boumediene, the Supreme Court Afghanistan and hold them there out- cannot be detained by the U.S. Govern- stated that the writ of habeas corpus side of our legal system. That was the ment for more than 6 months. applied to detainees even when Con- point: To hold these detainees outside We all know a major issue facing our gress had sought to take away jurisdic- of the U.S. legal system. country in dealing with those folks de- tion. It stated that detainees must be This was revealed in a December 2001 tained at Gitmo is finding a country to allowed access to Federal courts so Office of Legal Council memorandum take them. For example, there are 17 that a judicial ruling on the lawfulness by John Yoo of the Justice Depart- Chinese Uighurs being held at Gitmo of their detention could be made. ment. who have been cleared for transfer to Writing for the majority in the He wrote this: another country. However, the United Boumediene decision, Justice Kennedy States will not send them back to Finally, the Executive Branch has repeat- wrote the following: edly taken the position under various stat- China for fear they might be treated The laws and the Constitution are designed utes that [Guantanamo] is neither part of unfairly by the Chinese Government. to survive, and to remain in force, in ex- the United States nor a possession or terri- traordinary times. Liberty and security can No other country to date is willing to tory of the United States. For example, this be reconciled; and in our system they are take them. Therefore, my legislation Office [Justice] has opined that [Guanta- reconciled within the framework of the law. provides authority to the Secretary of namo] is not part of the ‘‘United States’’ for Homeland Security to continue to de- purposes of the Immigration and Naturaliza- Several habeas petitions have been tain these individuals and provides for tion Act . . . Similarly, in 1929, the Attorney filed and reviewed in the DC Circuit a periodic review of their continued de- General opined that [Guantanamo] was not a since the Boumediene decision, and tention until they can safely be re- ‘‘possession’’ of the United States within the that process is ongoing today. moved to a third country. meaning of certain tariff acts. In sum, these four Supreme Court In addition, my legislation prohibits The memo concludes with this state- rulings make one thing exceedingly any of those individuals detained at ment: clear: The legal rights of these detain- Gitmo from applying for asylum in the For the foregoing reasons, we conclude ees are the same under the Constitu- event they are brought here. Now, that a district court cannot properly enter- tion, whether they are kept on Amer- there are a number of other proposals tain an application for a writ of habeas cor- ican soil or elsewhere. to prohibit funding from being used to pus by an enemy alien detained at Guanta- Attempts to diminish or deny these transfer to or detain the Gitmo terror- namo Bay Naval Base, Cuba. Because the legal rights have only served to delay ists in the United States—I am going issue has not yet definitively been resolved the legal process at Guantanamo Bay. to support those provisions—but those by the courts, however, we caution that In fact, only 3 of the roughly 750 de- there is some possibility that a district court tainees held at Guantanamo have been are not permanent. Those will have to would entertain such an application. be renewed annually. Congress would held to account for their actions. This set the predicate for Guanta- have to maintain this prohibition in all One is David Hicks, an Australian. future spending bills. namo: Keep these individuals outside of He pled guilty to charges and has since Although I do believe this is a good the reach of U.S. law, and set up a sep- been released by the Australian Gov- short-term solution, and I support arate legal system to deal with them. ernment. those measures, I want to be confident Now, was this right or wrong? It was Salim Hamdan, Bin Laden’s driver, that Congress does not drop the ball in definitively wrong, because since then was found guilty of providing material the future. We need a more permanent the Supreme Court has rejected this support for terrorism by his military solution to this problem, and the Pro- position in four separate cases. commission. He was sentenced to 5.5 tect America’s Communities Act pro- First, in Rasul v. Bush in 2004, the years, but having already served 5 vides exactly that. court ruled that American courts, in years in Guantanamo, he was released I urge the President to develop a pol- fact, do have jurisdiction to hear ha- to Yemen in November of 2007. icy that would allow closure for the beas and other claims from detainees Ali Hamza al Bahlul, a Yemeni who families of the victims of 9/11 that will held at Guantanamo. was al-Qaida’s media chief, was found prevent terrorists from stepping foot Second, in Hamdi v. Rumsfeld, also guilty of conspiracy and providing ma- on U.S. soil and will keep them off the in 2004, the Court upheld the Presi- terial support for terrorism in Novem- battlefield where they will attempt to dent’s authority to detain unlawful ber of 2008. He refused to mount a de- kill our men and women in future com- combatants, but stated that this au- fense on his own behalf and was given bats. thority was not ‘‘a blank check.’’ In a life sentence. However, we cannot wait for the particular, the Court ruled that detain- Today, there are approximately 240 President to assure us that none of ees who were U.S. citizens, such as detainees incarcerated at Guantanamo.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5660 CONGRESSIONAL RECORD — SENATE May 20, 2009 In 2007, nearly 2 years ago, I intro- The United States has prosecuted in- York City; Jose Padilla, the U.S. cit- duced an amendment to the Defense dividuals in Federal court for the izen held for 31⁄2 years as an enemy authorization bill to close Guantanamo bombings of U.S. Embassies and the combatant based on allegations that he Bay within 1 year and transition all de- 1993 World Trade Center attack. It has had wanted to detonate a dirty bomb tainees out of that facility. prosecuted individuals plotting to inside the United States and was later The amendment was cosponsored by bomb airplanes, for attending terrorist convicted of material support to ter- 15 Senators. Unfortunately, it was not training camps, and for inciting violent rorism; 9/11 conspirator Zacarias allowed to come up for debate. acts against the United States. Moussaoui; the ‘‘Unabomber,’’ Theo- Within 2 days of his inauguration, According to a report, ‘‘In Pursuit of dore Kaczynski; and Oklahoma City President Obama issued an Executive Justice: Prosecuting Terrorism Cases bombers, one of whom is now deceased, Order announcing the closure of Guan- in the Federal Courts,’’ issued in May Timothy McVeigh and Terry Nichols. tanamo within 1 year and ordering a of last year, more than 100 terrorism These 20 are just an example of ter- review of each detainee. cases since the beginning of 2001 have rorists who have been or are being held Let me say this: I believe closing resulted in convictions. inside the United States. Guantanamo is in our Nation’s na- The individuals held at Guantanamo So there is ample evidence that the tional security interest. Guantanamo pose no greater threat to our security United States can and, in fact, does is used not only by al-Qaida but also by than these individuals convicted of hold dangerous convicts securely and other nations, governments, and indi- these crimes, who are currently held in without incident. viduals, people good and bad, as a sym- prison in the United States and are no As I said earlier, I believe that not bol of America’s abuse of Muslims, and danger to our neighbors, to our com- all detainees can be prosecuted. it is fanning the flames of anti-Ameri- munities. The Bush administration had The Bush administration had identi- canism around the world. estimated that out of the 240 detainees fied a second group of 60 to 80 who As former Navy General Counsel at Guantanamo, 60 to 80 could be pros- could be transferred out of Guanta- Alberto Mora said in 2008: ecuted for crimes against the United namo, if another nation could be found Serving U.S. flag-rank officers . . . main- States or its allies. Current efforts to that would accept them. tain that the first and second identifiable try these cases are ongoing. Again, the Obama administration is cause of U.S. combat deaths in Iraq—as In the event that detainees cannot be finding some success in moving these judged by their effectiveness in recruiting tried in Federal court or in standard insurgent fighters into combat—are, respec- detainees abroad. courts martial, the Obama administra- Since January of this year, there tively the symbols of Abu Ghraib and Guan- tion has recently proposed revisions to tanamo. have been stories indicating that cer- military commissions. This is an issue tain European nations may accept I deeply believe closing Guantanamo we are going to have to look at very is a very important part of the larger some of the detainees. A few days ago, closely in the coming weeks. France accepted an Algerian detainee effort against terror and extremism. It Our system of justice is more than from Guantanamo. These countries is a part of the effort to show that capable of prosecuting terrorists and recognize that closing Guantanamo is Americans are not hypocritical, that housing detainees before, during, and in the best interests of everyone, and we do not pass laws and then say that after trial. We have the facilities to are willing to be part of the solution. there is a certain group of people who keep convicted terrorists behind bars We sincerely thank them. are exempt from these laws. indefinitely and keep them away from Finally, let me address the third cat- Detentions at Guantanamo have American citizens. caused tension between the United The Obama administration will de- egory of detainees, which presents the States and our allies—the allies we try termine which civilian and military fa- thorniest problem. to get to contribute more forces and cilities are best to accomplish these The Executive Order Task Force will other support for the war in Afghani- goals. One example is the supermax fa- likely determine that there are some stan, and they are a rallying point for cility in Florence, CO. detainees who can neither be tried, nor the recruitment of terrorists. It is not in a neighborhood or com- transferred, nor released. Secretary So, closing it is a critical step in re- munity. It is an isolated supermax fa- Gates recently testified that there storing America’s credibility abroad, cility. It has 490 beds. They are re- were 50 to 100 of these detainees. as well as restoring the value of the served for the worst of the worst. This The President has the authority to American judicial system. facility houses not only drug kingpins, detain such people under the laws of The executive branch task force re- serial murderers, and gang leaders, but armed conflict, and he very well may sponsible for ensuring that Guanta- also terrorists who have already been need to exercise that authority. I namo closes within the year is review- convicted of crimes in the United would support his doing so. ing the evidence on each of the roughly States. In my view, this authority should be 240 detainees to determine the fol- There have been no escapes, and it is constrained and in keeping with the lowing: far, as I said, from America’s commu- Geneva Conventions. Detainees should Who can be charged with a crime and nities and neighborhoods, as are just only be held following a finding by the be prosecuted; who can be transferred about all the maximum and supermax executive branch that this action is to the custody of another country, like facilities. legal under international law. the 500 or so detainees who have al- This facility has housed terrorists These detainees should have the ready left Guantanamo; who poses no such as Ramzi Yousef, the mastermind right to have a U.S. court review this threat to the United States but cannot of the 1993 World Trade Center bomb- determination, much as the be sent to another nation; and, finally, ing, and at least six of his accomplices; Boumediene decision guaranteed that who cannot be released because they do Omar Abdel-Rahman, known as the habeas petitions of detainees will, in pose a threat but cannot be prosecuted, ‘‘Blind Sheikh,’’ who was behind a plot fact, be heard. That judicial determina- perhaps because the evidence against to blow up New York City landmarks, tion should be reviewed periodically to them is the inadmissible product of co- including the United Nations; Richard determine whether the detainee re- ercive interrogations. Reid, the al-Qaida ‘‘shoe bomber,’’ who mains a threat to national security and Let me be clear. No one is talking tried to blow up an airliner in flight; should continue to be detained. about releasing dangerous individuals four individuals involved in the 1998 In this, there is a protocol that I be- into our communities or neighborhoods bombings of Embassies of the United lieve will stand court scrutiny and en- as some would have us believe. States in Kenya and Tanzania; Ahmed able the President to continue the de- The best option is to prosecute the Ressam, the ‘‘Millennium Bomber,’’ tention of everyone who remains a na- terrorists who plotted, facilitated, and who was detained at the Canadian bor- tional security threat to the United carried out attacks against the United der with explosives in his car as he was States. States. headed to the Los Angeles airport; Guantanamo, despite all the rhetoric Let’s look at the record for a mo- Iyman Faris, the al-Qaida operative on this floor, has been a symbol of ment. who plotted to blow up bridges in New abuse and disregard for the rule of law

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5661 for too long. Four Supreme Court deci- Mr. INHOFE. Mr. President, that 6 discussion but not in where these pris- sions should convince even the most re- minutes would be immediately prior to oners are housed. This issue should be: calcitrant of those among us; it is in Senator INOUYE’s closing; is that right? Is this a secure facility? Are conditions our own national security interests I do not object. I thank the Chair. clean? Does it meet the standards of that Guantanamo be closed as quickly The PRESIDING OFFICER. Without any American prison? Does it protect and as carefully as possible. objection, it is so ordered. Americans by holding the detainees in The fact is, no Member of Congress The Senator from Texas. a secure place from which it would be wants to see, or advocates, the reckless Mrs. HUTCHISON. Mr. President, I very difficult for them to escape? release of terrorists, or anyone who is rise in support of the amendment to One other point, because it has been a threat to our national security, into prohibit funds from the supplemental brought out that we have secure pris- our communities. It does not have to, being used for relocation of Guanta- ons in America. Well, there is a dif- and it will not be done that way. namo Bay prisoners. ference here because we are putting Of the 240 detainees at Guantanamo President Obama has asked for $100 these enemy combatants who do not right now, some can be tried. Some million in the regular 2010 Defense ap- have an honor code on American soil, if have been declared not to be enemy propriations bill for his proposal to that is the choice that is made, and we combatants. Others may need to be de- close Guantanamo Bay. As Congress are also allowing people from the out- tained in the future, but only in a way considers that plan for 2010, it is rea- side to then start plotting for their es- that is consistent with our laws and sonable for us to ask the President to cape into America’s neighborhoods. our national security interests. come to Congress with his plan so we I believe the President’s initiative I believe we should close Guanta- can consider the funding requirements saying we would close Guantanamo namo. I support the President in this as part of the normal oversight proc- Bay within a year is premature, and I regard. This is a very important deci- ess. But right now, I think it is clear, am extremely concerned that this sion we are going to make. I very much from all the debate we have heard, the deadline, when there is no alternative regret that this amount was in the sup- President does not have a plan. In- and no plan for these dangerous terror- plemental bill without a plan, and I stead, he is proceeding with a decision ists, is taking precedence over the plan think that is the key. The plan was not to close Guantanamo Bay, even though that must be put forward for the secu- there. How would the money be used? there is no viable alternative for the rity of Americans. Nobody knew. So it fell smack-dab into detainment of terrorist combatants. There are five scenarios that have the trap that some want to spring On September 11, 2001, we know the been outlined here on the floor about throughout the United States: That United States peered into the face of what we would do with these detainees: this administration or this Senate evil, when 19 foreign terrorists brought hand them over to their home coun- would release detainees into the neigh- the violence of extremism to our soil, tries for incarceration, transfer them borhoods and communities of the claiming the lives of nearly 3,000 Amer- to a neutral country, transfer them to United States. icans. prisons in America, send them to U.S. As shown on this chart, this That day changed the course of facilities abroad, or release them out- supermax facility is not in a neighbor- American history. In the 8 years since, right. Unfortunately, every one of hood or a community. Yes, we have America has boldly waged the global these options heightens the threat to maximum security prisons in Cali- war on terror in an effort to prevent the lives of Americans. fornia eminently capable of holding terrorism from ever reaching American these individuals as well, and from shores again. Let’s talk about putting them in which people do not escape. This conflict has presented our Na- America. That is the worst of these op- I believe this has been an exercise in tion with operational challenges which tions. By taking this action, we allow fear-baiting. I hope it is not going to be we had not seen before. It is where to people to plot the takeover of a prison successful because I believe American and how to detain captured terrorists or the escape of these detainees, put justice is what makes this country who are enemy combatants but do not them in cell phone range where they strong in the eyes of the world. Amer- represent legal combatants of a coun- could be talking to the outside. That ican justice is what people believe sep- try. They are not an organized mili- would be the worst option. arates the United States from other tary. They do not have the honor code In 2007, the Senate voted 94 to 3 ex- countries. American justice has to be that any military of a country has. No. pressing its firm opposition to any applied to everyone because, if it is They are terrorists. They do not have plans to release Guantanamo detainees not, we then become hypocrites in the an honor code. Therefore, how and into American society or to house eyes of the world. where we detain them has been a them in American facilities. So what We should return to our values. One unique situation for our country. about other countries? What about put- of the largest symbols of returning to Included in the detainees at Guanta- ting them out into other countries? these values is, in fact, the closure of namo Bay is the self-confessed master- That, too, is very dangerous. In Janu- the facility at Guantanamo Bay. mind of 9/11, Khalid Shaikh Moham- ary, it was reported that former Guan- I thank the Chair and yield the floor. med. Since just after 9/11, these enemy tanamo detainee Said Ali al-Shihri, The PRESIDING OFFICER. The Sen- combatants have been at a prison facil- who had been released into the custody ator from Texas. ity that is a U.S. Naval Base at Guan- of Saudi Arabia, has subsequently re- Mrs. HUTCHISON. Mr. President, tanamo Bay in Cuba. I have been there. surfaced as a terrorist operative. how much time is remaining on our Conditions are good. Medical service Today, he is one of the al-Qaida leaders side? and food is good. Customs of the com- in Yemen and is charged with planning The PRESIDING OFFICER. There is batants are recognized and respected. and executing acts of violence against 15 minutes 56 seconds. My colleagues are discussing Guanta- the United States and its allies. He is Mrs. HUTCHISON. Mr. President, I namo, saying it is divisive. They are not the exception. According to the ask unanimous consent that I be noti- talking about the whole issue of what Pentagon, as many as 61 enemy com- fied after 10 minutes and that the ap- is torture. I think it is very important batants released from Guantanamo proximately 6 minutes be reserved for that we separate what is torture from have since reconnected with terrorist Senator INHOFE. detaining enemy combatants who must networks and renewed their commit- Mr. INHOFE. Mr. President, reserv- be detained because they have informa- ment to destroying America and our ing the right to object—and I do not tion and because they are either sus- way of life. Even more frightening, think I will object—I did not hear the pects or known terrorists or are self- these 61 former prisoners came from request the Senator made. Will the confessed terrorists who want to harm the group of 500 who were deemed ‘‘less Senator repeat it, please. and kill Americans and our allies. dangerous’’ and thus were released. Mrs. HUTCHISON. It is to reserve the So as we are discussing the issue of That means the approximately 270 de- 10 minutes I had scheduled and to re- where they are detained, I think we tainees currently housed in Guanta- serve 6 minutes for you, I say to the should put aside the issue of what is namo represent the most nefarious of Senator. torture, which is a legitimate issue for prisoners.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5662 CONGRESSIONAL RECORD — SENATE May 20, 2009 Clearly, a viable alternative to Guan- while ago. He came back, and he wit- them and try to adjudicate them or tanamo has not been identified. Expe- nessed the same thing I did—he was you can send them out someplace. diting closure of this detention facility down there about the same time—that Well, we have already tried that. Coun- without absolutely assuring that during the recent visit, the military tries won’t receive these people, and I American lives would be safe, not en- detention facilities at Gitmo meet the can’t blame them. The third choice dangered by this act, would place mis- highest international standards and would be to somehow have them inter- guided foreign policy goals above the are in conformity with article 3 of the mingled into our system here, set up in protection of our homeland and our Geneva Convention. some 17, as they suggested, places for people. Moreover, it signals a dan- Then, on February 20, a short time them. So none of the options are good, gerous return to the pre-9/11 mindset. after that, Vice Chief of Naval Oper- but this is one resource that has served Before setting a deadline to close this ations Admiral Walsh went down and America well. We have had it since facility at Guantanamo Bay—a U.S. issued a detailed report following a 2- 1903. naval base where they have been se- week review. I go down for 1 day at a I would ask my good friend, the sen- cured and from which there have been time; he was down there for 2 whole ior Senator from Hawaii, if he knows of no escapes and no attempts to escape— weeks with a whole team. The team any deal that America has that is bet- before setting that deadline, the Amer- conducted multiple announced and un- ter than this. It is $4,000 a year. That is ican people must be assured that the announced inspections of all of the all it costs. So it is a resource we need transfer or release of these detainees camps, in daylight and at nighttime, to keep, we have to keep. will not increase the risk to American keeping in mind that there are six dif- The only argument I hear against it citizens at home or abroad. As it ferent levels of security down there, is: Oh, the Europeans don’t want them. stands, the administration cannot give which is a resource we can’t find in any Where are the Europeans? I am getting that assurance today. We must require of our other installations to which we a little bit tired of having them dictate a plan before this order is executed. have access. Anyway, they talked to what we do in the United States. What Not doing so is a pre-9/11 mentality all of the detainees in the yards and ev- if they came forward and said: You that we cannot afford to adopt. eryone else, and they found that their have to close the Everglades tomorrow. We must remember what happened conditions were in conformity with ar- Would we roll over and close the Ever- on 9/11. We were complacent. We were a ticle 3 of the Geneva Convention. glades? No, we wouldn’t. So I think people who never thought we would be So this shouldn’t even be controver- there are a lot of options out there, and attacked on our homeland by people sial. This is something on which we all this is the best option. even within this society who were help- agree. Quite frankly, I go a lot further than ing to plot this destruction. We cannot I would suggest that we don’t have this amendment. I think we need to go back to the mentality of ‘‘every- any cases where people are being ne- keep this resource open. It has served thing is going to be OK and we won’t be glected. Right now, they have better us well in the past, and it should serve attacked again.’’ There are people in health care than they have ever had be- us well in the future. I urge my col- Guantanamo and all over the world fore. There is a medical practitioner, a leagues to support the Inouye-Inhofe today who are plotting to undo the doctor, a nurse, for every two detainees amendment. freedom in America and the ability to there. There is even a lawyer for each Mr. CARDIN. Mr. President, starting live with diversity and in peace, and we detainee who is there. From their own from his very first days in office, Presi- must hold up that flag of America and statements to me, these individuals are dent Obama has taken bold action to what it represents for the world. That eating better, living better than they demonstrate to the world that the is what will make America good in the have at any other time of their lives. United States will lead by example, eyes of the world—not releasing terror- The big problem is, if we did close it, particularly in the area of protecting ists to harm other people and our al- we would have to do something with and promoting human rights. I am es- lies. these people. I heard one of the Sen- pecially proud that Congress is work- The PRESIDING OFFICER. The Sen- ators who is on the opposite side of this ing with him to help restore faith in ator has used 10 minutes. issue say a few minutes ago: Well, that the United States as a friend, ally, and Mrs. HUTCHISON. Thank you, Mr. is fine because right now they are dis- leader in the global community. I be- President. I yield the floor. posing of them. lieve American leadership is still sore- The PRESIDING OFFICER. The Sen- They have only, in the last 3 months, ly needed in the world today. I am priv- ator from Oklahoma. found one place. It has dropped down ileged to chair the Helsinki Commis- Mr. INHOFE. Mr. President, I wish to from 241 to 240. If that is a success sion, which is one of the key tools inquire how much time we have before story, I am not sure I understand what available to help this administration the Senator from Hawaii wraps it up. success is. engage like-minded nations who have The PRESIDING OFFICER. The Sen- The bottom line is, there are things made a common commitment to pro- ator from Oklahoma has 5 minutes. down there that we can’t replicate any- moting democracy, human rights, and Mr. INHOFE. Mr. President, first of where else, and they are being well the rule of law. all, let me just say that on February 2, cared for. I want to make it clear that I fully I was in Guantanamo Bay. It was one One thing that hasn’t been talked support President Obama’s decision to of several trips I have made down about enough is the existence of the ex- close the detention facility at Guanta- there. I wish to suggest that one of the peditionary legal complex that is in namo Bay, Cuba. In recent years, no trips I made was right after 9/11. At Gitmo. This took 12 months to build. It other issue has generated as much le- that time, I did quite a bit of research cost $12 million. This is where they can gitimate criticism of the United States to try to understand why people have have tribunals. as the status and treatment of detain- this obsession about closing Guanta- One of the things people say is: Well, ees at Guantanamo Bay. Having said namo. I looked at the resources down they can be put into our justice sys- that, I think the amendment offered by there, and I couldn’t figure it out. That tem. the chairman of the Appropriations was several years ago. Now, as recently We can’t do that because these are Committee and the senior Senator as 2 months ago, I still have a hard detainees, and tribunals have a dif- from Oklahoma to strip the Guanta- time figuring that out. ferent set of procedures they use and it namo funding from the underlying bill I wish to suggest to my colleagues— has to be a special type of a court that makes sense. We are not ready to move and I have been listening to some of is set up. We do have that provision forward just yet. Reviewing the status those who are objecting to the action down there. We do have that court that of and transferring or releasing the de- we are about to take today—there can- is set up. We are in the process of try- tainees is an extremely complicated not be a case at all that there are ing these people. matter. It wouldn’t be appropriate for human rights abuses in Guantanamo So if you don’t do this, there are a any Congress to give any administra- Bay. couple of choices—only three choices— tion the funding to do this absent a de- Eric Holder, the new Attorney Gen- on getting rid of these people. One is, tailed plan on how to proceed. Presi- eral, went down there just a short you either leave them there and try dent Obama is working on such a plan

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5663 and I am confident he will provide it to interrogation techniques’’ is referred West Virginia (Mr. ROCKEFELLER) are Congress in a timely fashion, at which to nearly universally elsewhere in the necessarily absent. point I am optimistic Congress will in- world as torture. Yes, we should not The PRESIDING OFFICER. Are there deed provide this administration with kid ourselves; the fact that Guanta- any other Senators in the Chamber de- the funding it needs to close the deten- namo remains open today serves as a siring to vote? tion facility at Guantanamo Bay and powerful recruiting tool for al-Qaida. The result was announced—yeas 90, begin to address the abuses and ex- We Americans have short memories, nays 6, as follows: cesses of the previous administration but that is not so in other cultures. For [Rollcall Vote No. 196 Leg.] and repair our badly damaged reputa- example, when the Japanese Prime YEAS—90 tion abroad, which is critical to enlist- Minister visited Yasukini shrine, which Akaka Dorgan McConnell ing other nations in the continuing commemorates Japanese soldiers from Alexander Ensign Menendez Barrasso Enzi Merkley struggle against global terrorism. World War II, the Chinese were out- Baucus Feingold Mikulski The PRESIDING OFFICER (Mrs. raged. This controversy was for events Bayh Feinstein Murkowski GILLIBRAND). The Senator’s time has that are now more than 65 years old. Begich Gillibrand Murray expired. In Korea, the name of the dictator Bennet Graham Nelson (NE) Bennett Grassley Nelson (FL) The Senator from Hawaii is recog- Toyotomi Hideyoshi is still remem- Bingaman Gregg Pryor nized. bered today for the thousands of ears Bond Hagan Reid Mr. INOUYE. Madam President, I and noses which were cut off Koreans Boxer Hatch Risch rise today to discuss the Guantanamo and sent to him to prove to him how Brown Hutchison Roberts Brownback Inhofe Sanders amendment which I offered along with many Koreans his soldiers had killed. Bunning Inouye Schumer Senator INHOFE. As all of my col- That atrocity is still remembered Burr Isakson Sessions leagues know, the amendment would today by millions of Koreans, even Burris Johanns Shaheen strip the funding from the supple- Cantwell Johnson Shelby though it occurred more than 400 years Cardin Kaufman Snowe mental that was requested to begin the ago. Carper Kerry Specter process of closing Guantanamo. The dehumanizing photographs of de- Casey Klobuchar Stabenow Let me say at the outset that despite tainees at Abu Ghraib are no longer Chambliss Kohl Tester Coburn Kyl Thune some of the rhetoric concerning this fresh in our minds, but that is not true Cochran Landrieu Udall (CO) issue, this amendment is not a ref- in the Middle East, where the populace Collins Lautenberg Udall (NM) erendum on closing Guantanamo. In- remembers the degradation with dis- Conrad Lieberman Vitter stead, it should serve as a reality check Corker Lincoln Voinovich gust. When they think of Guantanamo, Cornyn Lugar Warner since, at this time, the administration they remember those photos. Those im- Crapo Martinez Webb has not yet forwarded a coherent plan ages are still crystal clear to them. DeMint McCain Wicker for closing this prison. The wrongdoing has not been forgot- Dodd McCaskill Wyden In the committee markup, I included ten. NAYS—6 language which would have delayed the The closure of Guantanamo is a re- Durbin Leahy Reed obligation of funding for Guantanamo quirement for this country to help Harkin Levin Whitehouse until the administration forwarded overcome some of the ill will still felt NOT VOTING—3 such a plan. I also included provisions by Muslims around the world. To Byrd Kennedy Rockefeller which would not have allowed pris- many, Guantanamo is considered an af- The amendment (No. 1133) was agreed oners to be relocated to the United front to the Muslim religion. Stories of to. States or released if they still pose a improper respect for the Koran by pris- Mr. INOUYE. I move to reconsider threat to our Nation. But after listen- on officials, even though inaccurate, the vote, and I move to lay that mo- ing to the debate and reading media reserve as a reminder to millions of Mus- tion on the table. ports, it became clear that this mes- lims that this prison must be closed. The motion to lay on the table was sage was not getting through. Rather Many of our colleagues are justifi- agreed to. than cooling the passions of those who ably concerned about how the terror- Mr. FEINGOLD. Madam President, I are justifiably concerned with the ulti- ists at Guantanamo will be handled. voted in favor of the amendment of- mate disposition of the prisoners, the They deserve answers. But so too we fered by Senator INOUYE, No. 1133, be- funding which remained in the bill be- must begin planning to close this pris- cause I believe it makes sense for Con- came a lightning rod far overshadowing on. That work needs to begin soon for gress to review the administration’s its impact and dwarfing the more im- the good of our Nation and the men plan to close Guantanamo before pro- portant elements of this critically and women still serving in harm’s way. viding funding. I continue to believe needed bill. It is up to the administration to fash- that President Obama made the right Instead of letting this bill get bogged ion a plan that can win the support of decision to close Guantanamo, and I down over this matter, as chairman of the American people and its congres- look forward to reviewing his plan to the committee, I determined that the sional representatives. As we approach do so. While closing Guantanamo may best course was to eliminate the funds the fiscal year 2010 budget, this will be not be easy, it is vital to our national in question. The fact that the adminis- a key element of our continued review security that we close this prison, tration has not offered a workable plan of this matter. which is a recruiting tool for our en- at this point made that decision rather I support the amendment for the rea- emies. easy. sons I have stated and urge its adop- Mr. INOUYE. Madam President, I But let me be very clear: We need to tion. suggest the absence of a quorum. close the Guantanamo prison. Yes, it is I yield the floor. The PRESIDING OFFICER. The a fine facility, state of the art, and I The PRESIDING OFFICER. Under clerk will call the roll. too have visited the prison site. Yes, the previous order, the question is on The bill clerk proceeded to call the the detainees are being cared for, with agreeing to the amendment No. 1131. roll. good food, good service, and good med- Mr. INOUYE. Madam President, I ask Mr. KERRY. Madam President, I ask ical care. Our service men and women for the yeas and nays. unanimous consent that the order for are doing great work. But the fact is The PRESIDING OFFICER. Is there a the quorum call be rescinded. that Guantanamo is a symbol of the sufficient second? The PRESIDING OFFICER. Without wrongdoings that have occurred, and There is a sufficient second. objection, it is so ordered. we must eliminate that connection. The clerk will call the roll. The Senator from Georgia. Guantanamo serves as a sign to The assistant legislative clerk called AMENDMENT NO. 1144 many in the Arab and Muslim world of the roll. Mr. CHAMBLISS. Madam President, the insensitivities that some under our Mr. DURBIN. I announce that the I ask unanimous consent to tempo- command demonstrated at the Abu Senator from West Virginia (Mr. rarily set aside the pending amend- Ghraib prison. It is a constant re- BYRD), the Senator from Massachusetts ment and to call up my amendment, minder that what we call ‘‘enhanced (Mr. KENNEDY), and the Senator from No. 1144, which is at the desk.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5664 CONGRESSIONAL RECORD — SENATE May 20, 2009 The PRESIDING OFFICER. Is there ‘‘(C) INELIGIBILITY FOR BOND OR PAROLE.— cans, but it has also affected the lives objection? No immigration judge or official of United of people around the globe. The fact is, Hearing no objection, it is so ordered. States Immigration and Customs Enforce- what started in the United States has The clerk will report. ment may release from detention on bond or now spread to countries around the The bill clerk read as follows: parole any alien described in subparagraph (A).’’. world, and it continues to reverberate The Senator from Georgia [Mr. (d) ASYLUM INELIGIBILITY.—Section beyond our financial systems into all CHAMBLISS], for himself, Mr. ISAKSON, Mr. 208(a)(2) of the Immigration and Nationality of our economies. The global economic BURR, and Mr. COBURN, proposes an amend- Act (8 U.S.C. 1158(a)(2)) is amended by adding crisis is in fact seriously affecting ment numbered 1144. at the end the following: emerging markets and developing The amendment is as follows: ‘‘(E) GUANTANAMO BAY DETAINEES.—Para- countries, and they are now experi- (Purpose: To protect the national security of graph (1) shall not apply to any alien who, as encing severe economic declines and the United States by limiting the immigra- of January 1, 2009, was being detained by the massive withdrawals of capital. tion rights of individuals detained by the Department of Defense at Guantanamo Bay Naval Base.’’. We don’t know yet where this crisis Department of Defense at Guantanamo will end, but we know we do have an Bay Naval Base) (e) MANDATORY DETENTION OF ALIENS FROM GUANTANAMO BAY NAVAL BASE.—Section ability to be able to address this crisis On page 7, line 25, strike the period at the 236(c)(1) of the Immigration and Nationality in various ways. One of the most pow- end and insert ‘‘and, in order for the Depart- Act (8 U.S.C. 1226(c)(1)) is amended— erful instruments, one of the most pow- ment of Justice to carry out the responsibil- (1) in each of subparagraphs (A) and (B), by erful tools available to the leaders of ities required by Executive Orders 13491, striking the comma at the end and inserting 13492, and 13493, it is necessary to enact the the governmental financial market- a semicolon; place, is the IMF itself. President amendments made by section 203.’’ (2) in subparagraph (C), by striking ‘‘, or’’ SEC. 203. IMMIGRATION LIMITATIONS FOR GUAN- and inserting a semicolon; Obama understood early on that our TANAMO BAY NAVAL BASE DETAIN- (3) in subparagraph (D), by striking the actions on the global stage in response EES. comma at the end and inserting ‘‘; or’’; and to this financial and economic crisis (a) SHORT TITLE.—This section may be (4) by inserting after subparagraph (D) the would be a very important test of cited as the ‘‘Protecting America’s Commu- following: nities Act’’. America’s leadership. That is why in ‘‘(A) as of January 1, 2009, was being de- (b) INELIGIBILITY FOR ADMISSION OR PA- his first major meeting abroad at the tained by the Department of Defense at ROLE.—Section 212 of the Immigration and G–20 leader summit in London, the Guantanamo Bay Naval Base.’’. Nationality Act (8 U.S.C. 1182) is amended— (f) STATEMENT OF AUTHORITY.— President called for an expansion of the (1) in subsection (a)(3), by adding at the (1) IN GENERAL.—Congress reaffirms that— IMF’s new arrangements to borrow. It end the following: (A) the United States is in an armed con- is often referred to just as the NAB— ‘‘(G) GUANTANAMO BAY DETAINEES.—An flict with al Qaeda, the Taliban, and associ- the new arrangements to borrow. The alien who, as of January 1, 2009, was being ated forces; and President proposed expanding that up detained by the Department of Defense at (B) the entities referred to in subparagraph to about $500 billion in order to help Guantanamo Bay Naval Base, is inadmis- (A) continue to pose a threat to the United sible.’’; and the world’s economies avoid collapse. States and its citizens, both domestically This crisis of the last months has of- (2) in subsection (d)— and abroad. (A) in paragraph (1), by inserting ‘‘or fered us a vivid illustration of how the (2) AUTHORITY.—Congress reaffirms that (5)(B)’’; and the President is authorized to detain enemy increasing interconnectedness of our (B) in paragraph (5)(B), by adding at the combatants in connection with the con- global economic financial system actu- end the following: ‘‘The Attorney General tinuing armed conflict with al Qaeda, the ally comes with a greater suscepti- may not parole any alien who, as of January Taliban, and associated forces until the ter- bility to systemic risk. The IMF con- 1, 2009, was being detained by the Depart- mination of such conflict, regardless of the tains risk, deals with risk, minimizes ment of Defense at Guantanamo Bay Naval place at which they are captured. Base.’’. risk by serving as a bulwark against (3) RULE OF CONSTRUCTION.—The authority (c) DETENTION AUTHORITY.—Section 241(a) rolling financial failures, and it ad- described in this subsection may not be con- dresses volatility in the global finan- of the Immigration and Nationality Act (8 strued to alter or limit the authority of the U.S.C. 1231(a)) is amended— President under the Constitution of the cial system. The result of that is actu- (1) by striking ‘‘Attorney General’’ each United States to detain enemy combatants ally to help everybody. The NAB is a place it appears, except for the first ref- in the continuing armed conflict with al contingency fund to which many coun- erence in paragraph (4)(B)(i), and inserting Qaeda, the Taliban, and associated forces, or tries contribute, and today other coun- ‘‘Secretary of Homeland Security’’; and in any other armed conflict. (2) by adding at the end the following: tries are looking to the United States ‘‘(8) GUANTANAMO BAY DETAINEES.— The PRESIDING OFFICER. The Sen- to deliver on our earlier commitment. ‘‘(A) CERTIFICATION REQUIREMENT.—An ator from Massachusetts. Japan has committed $100 million, alien ordered removed who, as of January 1, Mr. KERRY. Madam President, later the European Community members 2009, was being detained by the Department today, or at some point in time, with have already committed $100 billion, of Defense at Guantanamo Bay Naval Base, respect to the supplemental, there will and may well commit up to $160 billion. shall be detained for an additional 6 months be an amendment that will seek to In the last few weeks, countries such as beyond the removal period (including any ex- strike funds that have been put in this Canada, Switzerland, China, South tension under paragraph (1)(C)) if the Sec- supplemental for the purpose of pro- Korea, Norway, Australia, the Czech retary of Homeland Security certifies that— ‘‘(i) the alien cannot be removed due to the viding additional loan money to the Republic, India, and others have all of- refusal of all countries designated by the IMF. I would like to talk about that fered commitments in the billions of alien or under this section to receive the for a moment because this is a proposal dollars in order to support the IMF. alien; and of the President which has the bipar- The President’s promise helped to gal- ‘‘(ii) the Secretary is making reasonable tisan support of members of the For- vanize this global response, and it is efforts to find alternative means for remov- eign Relations Committee, and it has critical that we, the United States, ing the alien. serious implications with respect to having galvanized this response, having ‘‘(B) RENEWAL AND DELEGATION OF CERTIFI- the health of the world’s economy. It helped to lead people to the watering CATION.— also has serious implications with re- hole, now fulfill our obligations our- ‘‘(i) RENEWAL.—The Secretary may renew a certification under subparagraph (A) without spect to America’s leadership. selves. We need to do our part, and we limitation after providing the alien with an Madam President, everybody under- need to approve the President’s request opportunity to— stands that the United States of Amer- for up to $100 billion of authority. In ‘‘(I) request reconsideration of the certifi- ica is not alone in wrestling with an fact, in terms of the budget authority cation; and economic crisis that is global at this here, this is scored at about $5 billion. ‘‘(II) submit documents or other evidence point. We all understand how it began. Why? Because this is a loan process, in support of the reconsideration request. We understand the implications of our and it is a loan process over which the ‘‘(ii) DELEGATION.—Notwithstanding sec- own irresponsibility with respect to tion 103, the Secretary may not delegate the United States continues to have input authority to make or renew a certification the regulatory process and the greed and the ability, in fact, to help make under this paragraph to an official below the and other excesses that drove what decisions. level of the Assistant Secretary for Immigra- happened on Wall Street and what has The reasons to support the Presi- tion and Customs Enforcement. affected the lives of millions of Ameri- dent’s request frankly go far beyond

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5665 the need of other countries at their tions deteriorate in these countries, they en- ment, instability, and a retrenchment moment of economic vulnerability. A danger America’s own growth along with of the influence and ideals that we fortified IMF is in our interest also. U.S. jobs and exports. The IMF is the best in- have been investing in and helping There are real national security con- strument to provide these countries with the those countries to put more perma- short term loans that will enable them to cerns about the way this crisis could weather the crisis. nently in place. trigger a political crisis around the At the April G–20 Leaders Summit, the The IMF is the best channel for pro- world. It is, in fact, a crisis which has President urged other nations to provide ad- viding balance of payment assistance already brought down the Governments ditional resources for the IMF. The legisla- to emerging and developing markets of Iceland and several east European tion increases the size and membership in that are currently suffering as a con- countries. It has helped to spark riots the New Arrangements to Borrow—a contin- sequence of their economies and bank- in Europe and Southeast Asia, and it gency facility that will permit continued ing systems. In some cases, political will very likely be a driving political international lending when the IMF’s exist- systems are collapsing around them. ing resources are drawn down. The new force for a long time to come. agreement also opens the way for greater The alternative to having a legitimate For all the volatility that we have participation by major emerging market and robust IMF to deal with countries seen, Madam President, we value our countries who will contribute for the first at risk is, frankly, not a pretty one. investment in the IMF all the more for time to this facility. IMF loans come with strings attached, the things we have not seen. The fund It is important to note that other govern- but they are mainly financial strings has been able so far to act swiftly to ments are providing more than 80% of the not strategic strings. stave off balance of payment crises in new funding required, and Japan, China and As we balance the domestic and glob- countries such as Pakistan. Obviously, countries in Europe have already approved al demands of this crisis, we need to be their new IMF contributions. As the global warned that in cutting corners for whatever we can do to avoid economic economic leader, it is now incumbent on the crisis in Pakistan right now is critical United States to promptly to meet its obli- short-term savings, we risk creating to the survival of that democracy and gations. far greater costs down the road. As it to the ultimate success, we hope, A stronger and more responsive IMF is es- stands now, the large and urgent fi- against the insurgencies the Govern- sential to the restoration of confidence in nancing needs projected for emerging ment of Pakistan and the people of the global economy and financial system and markets and developing countries can- Pakistan are fighting. thus to our own economic recovery. We urge not be met from existing IMF lending We are also seeing the steps taken by Congress to move expeditiously on the Presi- reserves. There is no cost-free, risk-free the IMF thus far are also lending dent’s request. option, and lendings to the new ar- Respectfully yours, strong support to key U.S. allies, in- James A. Baker, III; Nicholas F. Brady; rangements for borrowing allows us to cluding Mexico, Poland, and Colombia. Frank C. Carlucci; Henry Paulson; Lee leverage our contribution toward a These are vulnerable nations with very H. Hamilton; Colin L. Powell; Henry global capacity to manage economic important American interests at play. Kissinger. risks. Managing those risks benefits all Successes obviously don’t make head- Condoleezza Rice; W. Anthony Lake; of us. lines the same way that failures do, Robert Rubin; Robert McFarlane; The reasons to act, in fact, go well but make no mistake; IMF financing Brent Scowcroft; Paul H. O’Neil; Paul beyond foreign policy interests. This is has helped to stabilize several poten- A. Volcker. not a foreign policy issue. In fact, our tially volatile situations in this crisis Mr. KERRY. Madam President, I em- domestic economic interests are also already. phasize that the signatures on this let- vulnerable if we fail to stem economic Madam President, I am not alone in ter come from both sides of the aisle, crises in other countries. warning of the security threat that is from respected public servants and ad- Why is that? Well, for a very simple posed by this crisis. Back in March, the mired strategists, such as GEN Brent reason. Expanding the IMF’s NAB re- Director of National Intelligence, ADM Scowcroft, Henry Kissinger, Colin Pow- sources is actually essential to our Dennis Blair, testified before Congress ell, James Baker, Robert Rubin, Lee overall strategy for restoring the about the risks in front of our Nation. Hamilton, and Paul Volcker. All of health of the U.S. economy, for our ex- This is what he said: them urge us to complete the task of ports, and it helps us to secure U.S. The primary near-term security concern of providing the support funding for the jobs. the United States is the global economic cri- IMF. Some in America might take the sis and its geopolitical implications. If there is one lesson we should take short-term view. We have heard that That is a remarkable statement com- away from the worst impacts of this before. Some in America may try to ing from a person who is in the middle global crisis, it is that we should never appeal to the lowest common denomi- of struggling with potential dirty underestimate the severity of these nator and say to people: Well, why on bombs and terrorism and counterter- economic challenges or the urgency of Earth are we sending money to some rorism and the threat of al-Qaida in tackling them head on rather than de- fund that might, in fact, help a foreign various parts of the world. He never- ferring the tough decisions. The IMF country, when we ought to be just fo- theless still emphasizes that the pri- needs a robust contingency fund. Let cused on the bailout at home? Well, the mary threat is a global economic crime emphasize this is a contingency reality is that is a completely, totally sis, and I believe we need to understand fund. This is a fund that doesn’t rep- false choice. The truth is, America’s the full implications of it. resent money that is transferred to the economic recovery depends not just on Madam President, I ask unanimous IMF, and then they take on some our own stimulus package and on consent to have printed in the RECORD spending spree, nor does it represent spending here, and not just on fiscal a letter signed by 14 former National money that goes to the IMF and is used and monetary policy and programs Security Advisers and Secretaries of for IMF expenses. This is a direct loan that sustain domestic demand, but we State, Defense, and Treasury, all urg- program—loan only—and in the past also need to sustain demand abroad. ing us to move expeditiously to live up the United States has actually made We sell to those countries. We have to the President’s commitment. money when we have made these loans. millions of Americans making products There being no objection, the mate- The fact is that this financial crisis that go to those countries and, in fact, rial was ordered to be printed in the is still brewing. For example, in cen- those emerging markets in developing RECORD, as follows: tral and Eastern Europe, in this part of countries have been, up until now, THE BRETTON WOODS COMMITTEE, the world where we saw the Berlin Wall some of the best growth opportunities Washington, DC, May 14, 2009. and a repressive Communist regime of for American investment and for Amer- DEAR MADAM SPEAKER AND MAJORITY Eastern Europe crash down 20 years ican jobs to be able to supply goods. LEADER REID: We are writing to express sup- ago, we see the risk that if we don’t Economic growth abroad helps us to port for the Administration’s request for act, it is possible that the economies of kick economic growth into gear at prompt enactment of additional funding for the International Monetary Fund. Eastern Europe will come crashing home. That is why we need the IMF to As you well know, the global economic cri- down too. Then we will replace an era help protect the markets we export to sis has had a severe impact on emerging of promise and progress in Eastern Eu- and from which they import American markets and developing countries. As condi- rope with one of soaring unemploy- products.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5666 CONGRESSIONAL RECORD — SENATE May 20, 2009 Let me just be specific about that. this and these systemic failures, and it Arrangements to Borrow, is a contin- Between 2003 and 2008, U.S. exports will hurt more if it reverberates back gency fund to be used only when other grew by 8 percent per year in real to us because we failed to help some of resources of the IMF are exhausted. terms. Since 2000, our exports show a those countries to hold up the export The United States and other members 95-percent correlation to foreign coun- demand as well as to sustain their po- of the NAB have control over these try growth rates. In large part, our litical systems which we have invested funds, and the IMF needs to get ap- economy was benefiting from the rapid in very deeply since the end of the Cold proval from the NAB providers in order growth of other economies in other War. to draw down on these funds. So we parts of the world. During that period, As countries recover, the United have to think of this as an insurance the role of exports in driving American States is going to gain. We are going to fund over which the United States con- economic growth actually increased. be spared the risk of an even more pre- tinues to have control. The share of all U.S. growth attrib- cipitous decline in our exports, with We have before us legislation to re- utable to export growth rose from 25 greater job loss. In time, our export plenish the IMF’s resources just in percent in 2003 to almost 50 percent in growth will resume and people in ex- time for it to be able to stand up and 2007, and then almost 70 percent in 2008. port industries across our country are help fight this crisis. With this money, Now, unfortunately, our exports going to be able to go back to work. the IMF will be able to help many peaked in July of last year, and they While we take part in a global effort countries revive their economies. With have been falling ever since then. Most to increase the NAB, we also have to this money, the IMF will be ready in of our partners are in recession. In the shore up our influence inside the IMF case the crisis deepens and creates first quarter of 2009, our real exports and give greater voice to the emerging more victims. With this money, Amer- were 23 percent lower than in the first markets. The President is looking to ica is able to lead at a moment of crisis quarter of 2008. increase by approximately $8 billion and keep the promise of the President Our export decline is now contrib- America’s quota subscription to the and help us to sustain the viability of uting to the recession in the United IMF. These quotas actually determine emerging markets and countries, which States. With an export share in GDP of how the IMF assigns voting rights, and is vital in the context of the struggle 12 percent, a 23-percent decline of that it decides on access to IMF funding. against extremism and religious fanat- share of GDP, if you sustain that 23 This increase in the U.S. quota is part icism and terrorism, which we see has percent over the course of the year it of a larger practice to address long its prime targets in places that are actually makes a negative contribution overdue governance reform and create failing. The ability to be able to pre- to the GDP of the United States of 2.5 greater legitimacy for the IMF. vent that failure is in the strategic as percent. In other words, if our domestic It is also part of a two-way street. If well as in the economic interests of our demand were stagnant, our GDP would we want major exporting companies to country. The world is looking to us to fall by nearly 3 percent. With that, we step up and contribute for the first keep our word. lose a lot of jobs and a lot of the strug- time to, amongst other things, this ex- I urge support for the request of the gle to get our economy back into gear panded NAB facility, then we need to President. just becomes that much more com- show that they can have a larger voice The PRESIDING OFFICER (Mrs. plicated and that much more delayed. in the IMF itself. It also makes certain HAGAN). The Senator form Georgia is Congress passed, and the President the United States can keep its current recognized. signed, a stimulus plan that is designed voting weight in order to maintain our AMENDMENT NO. 1164 to boost domestic demand. But if we leadership in the IMF so we have the Mr. ISAKSON. Madam President, I fail to act, all the money we have spent ability to shape the future of the insti- ask unanimous consent that the pend- to stimulate our own economy could tution. ing amendment be set aside and actually be offset completely by the Before I finish, I would like to di- amendment No. 1164, which is at the decline in exports. rectly speak to two misconceptions desk, be pending. We need to help these foreign coun- that I think are involved in the amend- The PRESIDING OFFICER. Without tries lift themselves out of recession. ment that will seek to strike this par- objection, it is so ordered. Our recovery now depends on many of ticular portion. The first is a very im- The clerk will report. these countries that are now at risk. portant point, and I wish to emphasize The bill clerk read as follows: Some foreign countries can take care it. I spoke about it a moment ago, but The Senator from Georgia [Mr. ISAKSON], for himself, Mr. DODD, Mr. LIEBERMAN, and of themselves with a stimulus of their I really wish to emphasize it. Mr. CHAMBLISS, proposes an amendment own and in cleaning up their own bank- The United States, in providing lend- numbered 1164. ing money to the New Arrangements to ing sectors. But many other countries, Mr. ISAKSON. I ask unanimous con- Borrow, to the IMF, is not giving away especially emerging market economies, sent that the reading of the amend- money. We are not spending money. have been so hard hit that they need a ment be dispensed with. helping hand. This is a deposit fund. It goes into an The PRESIDING OFFICER. Without Some countries have been cut off account, and we get an IMF interest- objection, it is so ordered. abruptly from capital markets and bearing asset in exchange for those The amendment is as follows: shut out of the credit markets by the funds. It actually can turn out to be a (Purpose: To amend the Internal Revenue banking problems originating in the good investment because, while we par- Code of 1986 to expand the application of United States and Europe. Let me give ticipate in the IMF because of the the homebuyer credit, and for other pur- an example. We exported to a lot of enormous benefit it brings to the poses) countries our notions about how one United States and to the world in At the end of title V, insert the following: ought to bank and how you, in fact, use terms of emerging countries and their SEC. 504. CREDIT FOR CERTAIN HOME PUR- banks to leverage and to go out and markets, in fact, the United States has CHASES. create jobs by investing in businesses. earned money historically on its par- (a) ELIMINATION OF FIRST-TIME HOMEBUYER REQUIREMENT.— The fact is that many banks in West- ticipation in the IMF. According to the (1) IN GENERAL.—Subsection (a) of section ern Europe practiced that so effec- Treasury Department’s most recent re- 36 of the Internal Revenue Code of 1986 is tively that they bought up banks in port to Congress, the fact is, we have amended by striking ‘‘who is a first-time Eastern Europe, and so banks in parts been on the plus side. This is not a pay- homebuyer of a principal residence’’ and in- of Eastern Europe, when they stopped out, therefore, of the IMF; it is an ex- serting ‘‘who purchases a principal resi- lending, stopped lending because the change of assets. We put assets in the dence’’. banks in the western part of Europe fund, and we get an interest-bearing (2) CONFORMING AMENDMENTS.— are taking care of their immediate asset in exchange for those funds. This (A) Subsection (c) of section 36 of such home-based problems and their capital Code is amended by striking paragraph (1) is a particular arrangement that has and by redesignating paragraphs (2), (3), (4), problems, and the result is those east- worked out very sufficiently for the and (5) as paragraphs (1), (2), (3), and (4), re- ern economies are particularly hard U.S. Treasury in the past. spectively. hit. This crisis actually started with Second, let me be very clear on what (B) Section 36 of such Code is amended by us, and it is reverberating because of is being asked here. The NAB, the New striking ‘‘FIRST-TIME HOMEBUYER

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5667 CREDIT’’ in the heading and inserting (e) ELIMINATION OF INCOME LIMITATION.— sent that the pending Brownback ‘‘HOME PURCHASE CREDIT’’. Subsection (b) of section 36 of the Internal amendment be modified with the (C) The table of sections for subpart C of Revenue Code of 1986 is amended to read as changes at the desk. part IV of subchapter A of chapter 1 of such follows: Code is amended by striking the item relat- ‘‘(b) DOLLAR LIMITATION.— The PRESIDING OFFICER. Without ing to section 36 and inserting the following ‘‘(1) IN GENERAL.—Except as otherwise pro- objection, it is so ordered. new item: vided in this subsection, the credit allowed The amendment, as modified, is as ‘‘Sec. 36. Home purchase credit.’’. under subsection (a) shall not exceed $8,000. follows: ‘‘(2) MARRIED INDIVIDUALS FILING SEPA- (D) Subparagraph (W) of section 26(b)(2) of At the end of title III, add the following: such Code is amended by striking ‘‘home- RATELY.—In the case of a married individual filing a separate return, paragraph (1) shall SENSE OF SENATE.—It is the sense of the Sen- buyer credit’’ and inserting ‘‘home purchase ate that the Secretary of Defense should con- credit’’. be applied by substituting ‘$4,000’ for ‘$8,000’. sult with State and local government offi- (b) ELIMINATION OF RECAPTURE EXCEPT FOR ‘‘(3) OTHER INDIVIDUALS.—If two or more in- cials before making any decision about HOMES SOLD WITHIN 3 YEARS.—Subsection (f) dividuals who are not married purchase a of section 36 of the Internal Revenue Code of principal residence, the amount of the credit where detainees at Naval Station Guanta- 1986 is amended to read as follows: allowed under subsection (a) shall be allo- namo Bay, Cuba, might be transferred, ‘‘(f) RECAPTURE OF CREDIT IN THE CASE OF cated among such individuals in such man- housed, or otherwise incarcerated as a result CERTAIN DISPOSITIONS.— ner as the Secretary may prescribe, except of the implementation of the Executive ‘‘(1) IN GENERAL.—In the event that a tax- that the total amount of the credits allowed Order of the President to close the detention payer— to all such individuals shall not exceed facilities at Naval Station Guantanamo Bay. ‘‘(A) disposes of the principal residence $8,000.’’. The PRESIDING OFFICER. The Sen- with respect to which a credit was allowed (f) EFFECTIVE DATE.—The amendments ator from Iowa is recognized. under subsection (a), or made by this section shall apply to resi- ‘‘(B) fails to occupy such residence as the dences purchased on or after the date of the Mr. HARKIN. Madam President, I taxpayer’s principal residence, enactment of this Act. wish to speak about the effort that at any time within 36 months after the date Mr. ISAKSON. I know the Senator seems to be underway here now—and I on which the taxpayer purchased such resi- from Iowa wishes to speak, but first I guess we will be having some more dence, then the tax imposed by this chapter ask unanimous consent that Senator amendments this afternoon from the for the taxable year during which such dis- other side of the aisle—to prevent the DODD, Senator LIEBERMAN, and Senator position occurred or in which the taxpayer President from addressing a serious na- CHAMBLISS be added to the amendment. failed to occupy the residence as a principal tional security problem: the continued residence shall be increased by the amount The PRESIDING OFFICER. Without of such credit. objection, it is so ordered. operation of the detention center at ‘‘(2) EXCEPTIONS.— Mr. ISAKSON. Madam President, Guantanamo Bay, Cuba. ‘‘(A) DEATH OF TAXPAYER.—Paragraph (1) this amendment is very simple. You It is long past time we close this fa- shall not apply to any taxable year ending heard me many times come to the floor cility. On May 23, 2007, almost exactly after the date of the taxpayer’s death. to talk about the housing tax credit. 2 years ago, I introduced legislation to ‘‘(B) INVOLUNTARY CONVERSION.—Paragraph close that detention center. Since that (1) shall not apply in the case of a residence The tax credit we finally amended to which is compulsorily or involuntarily con- repeal the payback provision of $8,000 time, unfortunately, it has only be- verted (within the meaning of section for first-time home buyers has brought come more imperative that we act. It 1033(a)) if the taxpayer acquires a new prin- an improvement in home sales of 40 remains the case that there is simply cipal residence within the 2-year period be- percent at the entry level. no compelling reason to keep the facil- ginning on the date of the disposition or ces- This amendment merely removes the ity open and not to bring the detainees sation referred to in such paragraph. Para- means test of a maximum income of to maximum-security facilities here in graph (1) shall apply to such new principal the United States. residence during the remainder of the 36- $150,000 for a couple and $75,000 for an month period described in such paragraph as individual, and it removes the means This Nation has long been a beacon if such new principal residence were the con- test that they have to be a first-time of democracy, a champion of human verted residence. home buyer, which means any home rights throughout the world. Over the ‘‘(C) TRANSFERS BETWEEN SPOUSES OR INCI- buyer buying a home for their principal past 8 years, however, we have repeat- DENT TO DIVORCE.—In the case of a transfer of residence would receive an $8,000 tax edly betrayed our highest principles. a residence to which section 1041(a) applies— credit and there would be no limitation Torture was authorized in direct viola- ‘‘(i) paragraph (1) shall not apply to such transfer, and to their income to disqualify them. tion of the law, and we intentionally ‘‘(ii) in the case of taxable years ending I have always fought on this floor for put detainees beyond the most basic after such transfer, paragraph (1) shall apply a maximum tax credit of $15,000, and I rules of law, including secret tribunals to the transferee in the same manner as if know how difficult that has been. But where detainees lacked opportunities such transferee were the transferor (and in the evidence of what has happened to challenge their confinement and shall not apply to the transferor). with the current $8,000 with the means lacked sufficient due process. ‘‘(D) RELOCATION OF MEMBERS OF THE test, by removing it I am confident we These errors are manifest in the de- ARMED FORCES.—Paragraph (1) shall not apply in the case of a member of the Armed will have a significant improvement in tention center at Guantanamo Bay, Forces of the United States on active duty the housing market in America, which where the very purpose was to avoid who moves pursuant to a military order and in turn will cause a significant im- providing legal safeguards that are en- incident to a permanent change of station. provement in the economy of the shrined in our Constitution and the Ge- ‘‘(3) JOINT RETURNS.—In the case of a credit United States of America, as happened neva Conventions to detainees and to allowed under subsection (a) with respect to in 1968, 1974, 1981, 1982 and 1990 to 1991. prevent independent courts from re- a joint return, half of such credit shall be Housing took America into a recession, viewing the legality of the administra- treated as having been allowed to each indi- and it was only when it recovered that vidual filing such return for purposes of this tion’s actions. That was the purpose of subsection. America began to come out. Guantanamo as a detention center. ‘‘(4) RETURN REQUIREMENT.—If the tax im- This improvement in that amend- Now that the Supreme Court has de- posed by this chapter for the taxable year is ment, with this amendment, will be finitively ruled that constitutional increased under this subsection, the tax- better for the people of the United protections apply at Guantanamo, it payer shall, notwithstanding section 6012, be States of America and better for our truly serves no purpose. required to file a return with respect to the economy. I encourage my colleagues at Closing the facility, however, does taxes imposed under this subtitle.’’. an appropriate time to cast a favorable (c) EXPANSION OF APPLICATION PERIOD.— not just follow from a commitment to Subsection (h) of section 36 of the Internal vote. our most cherished values and con- Revenue Code of 1986 is amended by striking I yield the floor. stitutional principles; rather, closure is ‘‘December 1, 2009’’ and inserting ‘‘June 1, The PRESIDING OFFICER. The Sen- essential for our national security. As 2010’’. ator from Mississippi is recognized. long as the detention center at Guanta- (d) ELECTION TO TREAT PURCHASE IN PRIOR AMENDMENT NO. 1140, AS MODIFIED namo Bay is open, it remains a recruit- YEAR.—Subsection (g) of section 36 of the In- ternal Revenue Code of 1986 is amended by Mr. COCHRAN. Madam President, I ing tool for those who wish to do us striking ‘‘December 1, 2009’’ and inserting have a unanimous consent request that harm and provides ammunition for our ‘‘June 1, 2010’’. has been cleared. I ask unanimous con- enemies.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5668 CONGRESSIONAL RECORD — SENATE May 20, 2009 This is not just my view but is the legal system, as the Supreme Court has Indeed, I feel the statements and the view of military and foreign policy offi- rightly found necessary, involves some arguments of many on the other side of cials. The Director of National Intel- very difficult policy issues. the aisle are simply to scare the Amer- ligence, Dennis Blair, has said: I, myself, greatly look forward to the ican people, unduly scare the American The detention center has become a dam- President’s plan, and I will judge it people, and spread this kind of fear and aging symbol for the world . . . it is a ral- carefully. Closing Guantanamo and misinformation by suggesting that lying cry for terrorist recruitment and simply replicating the same deficient closing the facility at Guantanamo harmful to our national security, so closing legal process in the United States Bay will somehow mean the terrorists it is important for our national security. would be purely symbolic and meaning- will be walking Main Street or, as the That is from Dennis Blair, our Direc- less. junior Senator from Arizona claimed: tor of National Intelligence. As the administration undertakes its Khalid Shaikh Mohammed and his Former Navy general counsel Alberto review of the detainees at Guantanamo partners will be our neighbors—will be Mora has said: and considers the most appropriate our neighbors if they are in secure de- There are serving U.S. flag-rank officers way to close the facility, the last thing tention facilities. who maintain that the first and second iden- Congress should do is handcuff the This is the kind of language that tifiable causes of U.S. combat deaths in President. rightfully gets Americans fearful that Iraq—as judged by their effectiveness in re- What I am hearing are some argu- they are going to be our neighbors. cruiting insurgent fighters into combat—are, ments on the other side of the aisle ba- Well, the fact is, those individuals who respectively, the symbols of Abu Ghraib and sically saying, through these amend- can be tried in Federal court can and Guantanamo. ments they are offering, Guantanamo will be vigorously prosecuted. Federal Retired Air Force MAJ Matthew Al- Bay should remain open. That is the courts have successfully prosecuted exander, who led the interrogation thrust of the amendments: Guanta- terrorists in the past. In fact, between team that tracked down Abu Mus’ab namo should remain open. September 12, 2001, and the end of 2007, al-Zarqawi, the leader of al-Qaida in Make no mistake, if these amend- 145 terrorists were convicted in Amer- Iraq, said: ments become law, the President’s ican courts. How many American peo- I listened time and time again to foreign ability to take the step that military ple know that, that 145 were convicted fighters, and Sunni Iraqis, state that the and foreign policy officials—Repub- in American courts. number one reason they had decided to pick licans and Democrats and Independents Likewise, U.S. prisons are already arms and join al-Qaida was the abuses at alike—have all said is needed will be holding some of the world’s most dan- Abu Ghraib and the authorized torture and very difficult. It will be difficult for abuse at Guantanamo Bay. gerous terrorists in the United States. the President to take the steps nec- Ramzi Yousef, the mastermind of the Let me repeat that. Matthew Alex- essary to close Guantanamo Bay. Al- 1993 World Trade Center bombing, is in ander, a retired Air Force major who Qaida and those who wish to cause us jail in the United States. led the interrogation team who tracked harm will continue to have a major re- Zacarias Moussaoui, the 9/11 cocon- down the leader of al-Qaida in Iraq said cruiting tool at their disposal. spirator, is in jail in the United States; this. I would not say this is the intention Richard Reid, the ‘‘shoe bomber,’’ in I listened time and time again to foreign of the people offering those amend- jail in the United States. Several al- fighters, and Sunni Iraqis, state that the ments, but listen to what our intel- Qaida terrorists responsible for bomb- number one reason that they had picked up ligence officers have said and what our ing Embassies in Kenya and Tanzania arms and joined al-Qaida was the abuse at military officers have said, that the Abu Ghraib and the authorized torture and are in jail in the United States. abuse at Guantanamo Bay. biggest recruiting tool for those in Af- The men, women, and military offi- ghanistan and the Taliban and al-Qaida cials who run these facilities have a It cannot get much clearer than that. is a continued detention center at proven track record. I ask those who Colin Powell, Henry Kissinger, Mad- Guantanamo Bay. are saying that Khalid Shaikh Moham- eline Albright, James Baker, Warren So while it may not be the intention med and his partners will be our neigh- Christopher have all called for Guanta- of those people offering the amend- bors, I ask them: Can you point to any namo to be closed, as has Secretary of ments to have this as a recruiting tool prisoner who has escaped from a Fed- Defense Gates and Chairman of the for al-Qaida and the Taliban, those who eral maximum security facility? Point Joint Chiefs Admiral Mullen. have been in our intelligence service to one. Just point to one. As former Secretary of State Colin tell us that is, in fact, what is hap- Well, we have no greater duty than Powell said: pening. It is the biggest recruiting tool to protect the American people. That is Guantanamo has become a major, major for those who wish to do us harm. the oath we all take. National security problem . . . if it were up to me, I would While it may not be the intention of is our first job. In this regard, the close Guantanamo not tomorrow but this those offering the amendments, that is President is undertaking a process that afternoon. what is going to be the practical effect, will result in the closing of a national That was Colin Powell. if those amendments are adopted. stain on our character and a recruiting Indeed, even President Bush repeated One other thing. President Obama’s tool for those who wish to do us harm. time and time again his desire to shut decision to close Guantanamo Bay is He is taking a step our military and down Guantanamo, I am sure because already starting to pay some dividends. foreign policy officials make clear will of all the information that was given Countries such as Portugal and Ireland make us safer. The President should to him by his Joint Chiefs of Staff and have made offers to join Albania in ac- not be handcuffed and should not be by his intelligence services. So Presi- cepting detainees who cannot be re- prevented from improving our national dent Obama should be applauded for turned to their home countries. security, as the other side in those taking a step that military and foreign Just last week, France accepted amendments wish to do. policy officials insist will directly and Lakhdar Boumediene, an Algerian sus- Finally, we must never forget that immediately improve our national se- pected in a bomb plot against the Em- people around the world know we are curity. bassy of the United States in Sarajevo. right and the terrorists are wrong. Of The President has set up a special The assistance of our allies is critical. the 5 or 6 billion people who live in the task force to review the status of the Yet to obtain that assistance will only world, only a handful think the terror- detainees remaining at Guantanamo be more difficult if we, ourselves, are ists are right. All the rest are on our and to make recommendations on what unwilling to do what we ask our allies side. They know we are right and the to do with these individuals. The ad- to do; that is, to accept detainees on terrorists are wrong. ministration faces some difficult deci- our own soil in secure detention facili- If we wish to defeat the terrorists, sions it inherited from the previous ad- ties. therefore, we should remain faithful to ministration. We say: Oh, no, we cannot take them our ideals and our values. We will not Guantanamo was conceived—Guanta- here but, France, you can take them win this war with secret prisons, with namo as a detention center, I should and, Ireland, you can take them, and torture chambers, with degrading say, was conceived outside the law. Portugal. They will say what kind of treatment, with individuals denied And bringing detainees back into our fairness is there in that? basic human rights.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5669 Rather, we will win this by upholding (3) APPROPRIATE COMMITTEES OF CONGRESS for Afghanistan and Pakistan and the our values and insisting on legal safe- DEFINED.—In this subsection, the term ‘‘ap- benchmarks that will be used to quan- guards that are the very basis of our propriate committees of Congress’’ means— tify progress toward achieving those system of Government and democracy. (A) the Committees on Armed Services, objectives. Appropriations, Foreign Relations, Home- It is time to close Guantanamo Bay. land Security and Governmental Affairs, and Again, this is not tying their hands. There is no reason to keep it open and the Judiciary and the Select Committee on There are no timetables that say cer- every reason, for our national security, Intelligence of the Senate; and tain things have to happen by a certain to shut its doors. (B) the Committees on Armed Services, time. This is, in essence, asking the ad- I yield the floor. Appropriations, Foreign Affairs, Homeland ministration to lay out to us so we all The PRESIDING OFFICER. The Sen- Security, and the Judiciary and the Perma- know and can articulate those and, ator from Tennessee. nent Select Committee on Intelligence of the hopefully, even our men and women in AMENDMENT NO. 1173 House of Representatives. the field can articulate these, to lay Mr. CORKER. Madam President, I Mr. CORKER. Madam President, I those out in a way by which we can un- ask unanimous consent that the pend- ask unanimous consent that Senators derstand the benchmarks. ing amendment be set aside and that LUGAR, ISAKSON, COLLINS, and BENNETT Then, secondly, it asks that they we call up amendment No. 1173. be added as cosponsors to this amend- come before us and actually give us The PRESIDING OFFICER. Without ment. quarterly updates, after a period of objection, it is so ordered. The PRESIDING OFFICER. Without time, toward those objectives and how The clerk will report the amendment. objection, it is so ordered. The bill clerk read as follows: they are actually progressing. I would Mr. CORKER. Madam President, I am hope that actually, at some point, the The Senator from Tennessee [Mr. CORKER], pleased to offer this amendment with for himself, Mr. GRAHAM, and Mr. managers of the bill might be able to my colleagues, Senator GRAHAM of even accept this by unanimous consent LIEBERMAN, proposes an amendment num- South Carolina and Senator bered 1173. because I cannot imagine why anybody LIEBERMAN. This amendment would ba- in this body would want to vote the bil- Mr. CORKER. Madam President, I sically do two things. ask unanimous consent that the read- lions and billions of dollars toward Today, we have before us a supple- these efforts that we rightfully are sup- ing of the amendment be dispensed mental appropriations bill. A large with. porting today—do not get me wrong, amount of the money in this bill is for The PRESIDING OFFICER. Without but I cannot imagine not wanting the our military operations and other oper- objection, it is so ordered. administration to come back to us The amendment is as follows: ations in Afghanistan and Pakistan. with these benchmarks and these ob- (Purpose: To provide for the development of This amendment is being offered with- jectives so we all can measure our objectives for the United States with re- out criticism. But, in fact, what we progress there. spect to Afghanistan and Pakistan) have today is a major shift in our poli- We have been there 8 years. Our men On page 97, between lines 11 and 12, insert cies in Afghanistan and Pakistan. I and women in uniform have given and the following: doubt that there is a person in this given and given; many have lost their AFGHANISTAN AND PAKISTAN POLICY body who can clearly articulate what lives, many have lost limbs. It would SEC. 1121. (a) OBJECTIVES FOR AFGHANISTAN our mission is in these two countries, seem to me that everyone in this body, AND PAKISTAN.—Not later than 30 days after to the standpoint of actually laying regardless of which side of the aisle the date of the enactment of this Act, the out objectives. they are on, would want to clearly un- President, based on information gathered I think many Senators were part of a and coordinated by the National Security derstand what our mission is there and luncheon we had 2 weeks ago where, our way of evaluating that. Council, shall develop and submit to the ap- when the President of Afghanistan was propriate committees of Congress the fol- I yield the floor. asked what our mission was in Afghan- lowing: The PRESIDING OFFICER. The Sen- istan, he could not articulate in any (1) A clear statement of the objectives of ator from Mississippi. way that was comprehendible what our United States policy with respect to Afghan- Mr. COCHRAN. Madam President, I istan and Pakistan. mission was in that country. suggest the absence of a quorum. (2) Metrics to be utilized to assess progress I do not offer those comments again The PRESIDING OFFICER. The toward achieving the objectives developed in criticism. I realize there are a lot of clerk will call the roll. under paragraph (1). changes underway. I realize there is (b) REPORTS.— The bill clerk proceeded to call the going to be a new general on the (1) IN GENERAL.—Not later than March 30, roll. 2010 and every 90 days thereafter, the Presi- ground; possibly it will take until Au- gust for that confirmation to take Mr. LIEBERMAN. Madam President, dent, on the basis of information gathered I ask unanimous consent that the order and coordinated by the National Security place. Council and in consultation with Coalition I realize this administration is work- for the quorum call be rescinded. partners as appropriate, shall submit to the ing with many agencies in trying to de- The PRESIDING OFFICER. Without appropriate committees of Congress a report velop a plan that will be effective in objection, it is so ordered. setting forth the following: this country. If one were to listen to Mr. LIEBERMAN. Madam President, (A) A description and assessment of the the state of the mission, one would I ask unanimous consent that the progress of United States Government ef- pending amendment be set aside. forts, including those of the Department of think our mission is very similar in Af- ghanistan to that of Iraq, minus actu- The PRESIDING OFFICER. Without Defense, the Department of State, the objection, it is so ordered. United States Agency for International De- ally having a democratically func- velopment, and the Department of Justice, tioning government. AMENDMENT NO. 1156 in achieving the objectives for Afghanistan I know all of us have had some con- Mr. LIEBERMAN. Madam President, and Pakistan developed under subsection cerns about some of the issues within I call up amendment No. 1156. (a)(1). Government in both countries and The PRESIDING OFFICER. The (B) Any modification of the metrics devel- where Government funding actually clerk will report. oped under subsection (a)(2) in light of circumstances in Afghanistan or Pakistan, to- ends up. So this is an amendment, a bi- The assistant legislative clerk read gether with a justification for such modifica- partisan amendment, that is being put as follows: tion. forth asking the administration to do The Senator from Connecticut [Mr. (C) Recommendations for the additional two things: Asking that we, in essence, LIEBERMAN], for himself, Mr. GRAHAM, Mr. resources or authorities, if any, required to all understand this policy so that, in BEGICH, Mr. THUNE, and Mr. BURRIS, proposes achieve such objectives for Afghanistan and fact, we have a policy that is equal to an amendment numbered 1156. Pakistan. the tremendous sacrifice our men and Mr. LIEBERMAN. Madam President, (2) FORM.—Each report under this sub- women in uniform are putting forth on I ask unanimous consent that reading section may be submitted in classified or unclassified form. Any report submitted in our behalf and do so daily. of the amendment be dispensed with. classified form shall include an unclassified First of all, the amendment would re- The PRESIDING OFFICER. Without annex or summary of the matters contained quire the President to submit to Con- objection, it is so ordered. in the report. gress a clear statement of objectives The amendment is as follows:

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5670 CONGRESSIONAL RECORD — SENATE May 20, 2009 (Purpose: To increase the authorized end schedule that had been originally an- presence in Afghanistan, as we slowly strength for active duty personnel of the ticipated, fortunately, because every decrease in Iraq, Army deployments Army) man and woman who joined the Army will actually increase for the rest of At the end of title III, add the following: is necessary and has been critically this year. SEC. 315. (a) INCREASE IN FISCAL YEAR 2009 necessary. So now we actually have This is what General Casey, the AUTHORIZED END STRENGTH FOR ARMY ACTIVE DUTY PERSONNEL.—Paragraph (1) of section 549,000 active-duty soldiers. Army Chief of Staff, said to the Armed 401 of the Duncan Hunter National Defense Recall that I said the statutory end Services Committee the other day: It is Authorization Act for Fiscal Year 2009 (Pub- strength of the Army is 547,400. So the a simple question of supply and de- lic Law 110–417; 122 Stat. 4428) is amended to Army now is literally at a strength mand. If the supply of the Army stays read as follows: greater than its current authorization. only constant or even goes down, and ‘‘(1) The Army, 547,400.’’. This achievement expresses the patri- yet the demand—which is the increas- (b) INCREASE IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVEL FOR ARMY otic commitment of the American men ing deployments for at least the re- PERSONNEL.—Paragraph (1) of section 691 of and women who have answered the call mainder of this year, and probably well title 10, United States Code, is amended to of duty. In other words, recruitments into next year—goes up, the dwell read as follows: and reenlistments have been so high time—the time these soldiers of ours, ‘‘(1) For the Army, 547,400.’’. that there are more people in the Army heroes of ours, have to spend away (c) FUNDING.— than the statutory end strength. from the war zone back at base—will (1) MILITARY PERSONNEL, ARMY.—The But there is still not enough. I will amount appropriated by this title under the not rise from the unacceptable level it heading ‘‘MILITARY PERSONNEL, ARMY’’ is explain why. is at now. hereby increased by $200,000,000, with the Growing the force was clearly nec- Our military leadership has made amount of such increase to be available for essary to support our troops in the clear in public statements that things purposes of costs of personnel in connection Army, our soldiers who are bearing the are going to get worse before they get with personnel of the Army on active duty in major responsibility for the wars we better. excess of 547,400 personnel of the Army. have been fighting in Iraq and Afghani- Army Chief of Staff Casey recently (2) OPERATION AND MAINTENANCE, ARMY.— stan. But these increased numbers sim- warned that the number of deployed The amount appropriated by this title under ply have not proved sufficient to re- soldiers will actually, as I said, rise the heading ‘‘OPERATION AND MAINTENANCE, lieve the continued strain on our sol- through the rest of the year. Admiral ARMY’’ is hereby increased by $200,000,000, with the amount of such increase to be avail- diers. That is what this amendment in- Mullen, Chairman of the Joint Chiefs able for purposes of costs of operation and tends to do during the remainder of of Staff, told the Senate Armed Serv- maintenance in connection with personnel of this fiscal year, covered by this supple- ices Committee last week that the the Army on active duty in excess of 547,400 mental appropriations bill. Army faces a ‘‘very rough time’’ over personnel of the Army. I want to talk about dwell time. It is at least the next 2 years before it (3) LIMITATION ON AVAILABILITY.—Amounts a term the military uses. What is reaches what Admiral Mullen called appropriated by paragraphs (1) and (2) shall ‘‘dwell time’’? It is down time but not the ‘‘light at the end of the tunnel.’’ be available only for the purposes specified R&R time. It is time that is spent back Keep in mind, these predictions do in such paragraph. not reflect or absorb the possibility of (4) EMERGENCY REQUIREMENT.—For pur- here at home in the bases, with the poses of Senate enforcement, the amounts families, not just recovering from the a new crisis or new crises elsewhere in appropriated by paragraphs (1) and (2) are last deployment, but also, obviously, the world outside of Iraq and Afghani- designated as an emergency requirement and preparing and training and upgrading stan—what such a crisis would place in necessary to meet emergency needs pursuant for the next. And perhaps most signifi- the way of additional demands on our to section 403 of S. Con. Res. 13 (111th Con- cantly to the men and women of the soldiers—a possibility that recent ex- gress), the concurrent resolution on the Army, it is precious time for our sol- perience warns us to at least keep in budget for fiscal year 2010. diers to spend with their families. mind as a possibility. Mr. LIEBERMAN. Madam President, Today, dwell time of members of the So we are in a situation now where I am very pleased to rise now to offer U.S. Army is about slightly more than we have a constant level of soldiers on this amendment on behalf of a bipar- 1 to 1. That means for every year of de- Active Duty, demand in the short term tisan group: Senators THUNE, BEGICH, ployment, they are back home at the going up, and, therefore, dwell time— GRAHAM, and BURRIS, all of us members base, training, preparing, spending time away from the battlefield—not of the Armed Services Committee. time with their family, for a year—1 to rising. This equation leads to strain I take the floor today to speak on 1. and stress on our soldiers. Unfortu- their behalf and mine for a constitu- General Casey said—and everybody nately, there are facts that show this ency that every Member of the Senate in our military says—that is simply in- strain and stress. The Army is on track represents; and that is, the men and adequate; too much duty, too quickly, this year to overtake the grim record women who serve in the U.S. Army. of suicides of our Active-Duty Army On September 11, 2001, the Army’s ac- too much stress on our men and women tive-duty strength was just 480,000, in the U.S. Army, in the military. personnel that we saw last year, in after a decade in which we in Congress General Casey said he has the goal to 2008. The murder a week or two ago of cut it nearly in half after the Cold War get the ratio to 1 to 2—2 years at home five soldiers by a fellow soldier in ended. for every 1 year out at war—and to do Baghdad was a devastating example, I In the wake of the terrorist attacks so by 2011. In fact, he would like to fear, of the stress on our deployed of September 11, many Members of take it higher than the 1 to 2—beyond force. We hear increasingly stories of Congress urged a major expansion of that—hoping that our conflicts we are the stress on the families back home. the military and the Army for the in in Iraq and Afghanistan do not re- Any of us who have visited military years of war that were clearly ahead. quire that many American military by bases, spoken to the families, hear this But, unfortunately, that did not hap- that time. constantly as a growing appeal to do pen. We watched with growing concern Incidentally, the dwell-time ratio is something to increase the dwell time. as our soldiers—members of a force too particularly dire for a category in our The fact is, we are not, and that really small for the missions we had assigned Army called ‘‘enablers.’’ They are in- does hurt. to them—served through repeated de- volved as Army aviators, engineers, I think we can say—as was said the ployments, heroically, but under in- people involved in intelligence, surveil- other day at an Armed Services Com- creasing stress. lance, and reconnaissance work. They mittee hearing by witnesses before us Finally, 3 years ago, the administra- really are under dwell-time pressure. from the Defense Department who were tion and Congress increased the size of As the Presiding Officer knows, the talking about all we are doing to im- the active-duty component of the U.S. Obama administration is implementing prove the quality of life of our men and Army from 480,000—the level on 9/11—to what I consider to be a very responsible women in uniform, including housing 547,400. That was to be realized over a strategy, and a correct strategy, for for their families, health care, period of years. drawing down our force in Iraq. But if childcare, et cetera, et cetera—bene- In February of this year, the Army you combine the Iraq and Afghanistan fits—all true. So we are improving the reached that goal well ahead of the wars, and the planned increase in Army benefits to our men and women in the

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5671 U.S. Army, but so long as there are not amendment would say it can grow be- upon our most junior soldiers, such as enough of them, which there are not yond the 547,400 within the limit of the the Army’s privates and specialists today, the major factor of stress, which waiver that the Army has, and it pro- who face the most difficult dwell time is how often, how many times are they vides the money to do that, which is an ratios in the force and keep going back going to be sent back to Iraq and Af- additional $400 million for the remain- and forth. ghanistan, or how frequently, will not der of this fiscal year—frankly, a small If we commit to growing the force change. That is what this amendment price. It is a significant amount of now, these are the types of troops we aims to do something about. money, but when we think about the can recruit, train, and deploy in this I wish to make clear what is obvious impact it will have on the lives of just time of greatest need, and we can re- to everyone: that our Army is not bro- about every man and woman wearing tain them. In short, if provided the ad- ken. This is the greatest—this is the the proud uniform of the U.S. Army, it ditional personnel, the U.S. Army can next greatest generation of the Amer- is more than worth it. definitely use them and use them well. ican military, performing with unbe- I wish to explain, while I have a mo- In terms of the second question, of lievable skill, heroism, resilience, agil- ment and while I see no one else on the course, I am concerned about the long- ity, and personal compassion in Iraq Senate floor, that the amendment lit- term costs of increasing the size of the and Afghanistan. Our Army is not bro- erally will increase the minimum end force. The price of military personnel ken, but it is, as General Casey said strength for the Active-Duty Army has risen over the past decade because the other day, out of balance. Sec- from the statutory level it is at now up we better recognize the service of our retary of the Army Geren said—sum- to 547,400. When that point is reached, soldiers, and we are taking better care marizing this part of his testimony be- it gives the Secretary of the Army a 2- of them. Nonetheless, I don’t see how fore the Armed Services Committee— percent waiver, and that means that we can explain to our soldiers and their the U.S. Army is ‘‘busy, stretched, and working with the Secretary of Defense, families that we in Congress decided stressed.’’ And he is right. We have to the Secretary of the Army could actu- that we could not afford reinforce- give those heroes in uniform some help, ally raise the Army as high as 558,000 ments at a time when the force is so and the best help we can give them is by the end of the fiscal year. I don’t ex- stressed under the strain of war and more people in uniform fighting along- pect that to be possible in the next few still performing so brilliantly. side them. months, but it gives that latitude and The Army is not broken, I wish to Here is a strange twist. In the face of the money to back it up. stress. It is out of balance, and it needs the current crisis in manpower, the ad- The second part of the amendment our support to come into balance. This ministration has been forced to effec- provides additional funds to help the amendment would provide the funds to tively direct the Army to not only stop Army cover the immediate personnel give the Secretary of the Army and the growing but to actually shrink by the shortfall it faces because of the toll the Secretary of Defense the option—not end of the year as deployments over- ongoing conflicts are taking on the mandatory—to raise the number of Ac- seas increase, dropping back from over force. tive-Duty military personnel, from now 549,000 soldiers to the statutory limit If I may add just this final argument until the end of this fiscal year, to a of 547,400. In other words, this supple- of reality. The Vice Chief of Staff, level above—slightly above—the 547,400 mental appropriations bill closes a gap Peter Chiarelli, told the Senate Armed now statutorily authorized. that existed in the Army’s ability to Services Subcommittee on Readiness I hope our colleagues on both sides of pay for the 547,400 they are entitled to, last month that the Army has about the aisle will join us in giving this but they are still over by 1,600 soldiers. 30,000 soldiers among that current amendment unanimous support. I hon- Therefore, there is a guidance out that 549,000 who are, for one reason or an- estly think it is just about the best directs the Army to take drastic meas- other—three reasons, actually—not thing we can do for the heroes of the ures to cut back; in fact, reducing their available to meet the requirements of U.S. Army who serve us every day to recruiting goals this year by 13,000 sol- the Army, not able to be directly in- protect our security and our freedom. diers, which the Army knows it can volved. I thank the Chair. I suggest the ab- meet, and cutting its retention goal by For example, nearly 10,000 soldiers sence of a quorum. 10,000 troops, which the Army also now either serve as Wounded Warriors The PRESIDING OFFICER. The knows it can meet. So here we have or support their recovery, while thou- clerk will call the roll. this ironic—really worse than that— sands more are not deployable because The assistant legislative clerk pro- moment where we need more troops of injuries they have suffered, often not ceeded to call the roll. and more soldiers and the Army is in conflict, but that are, nonetheless, Mr. GRAHAM. Madam President, I going to be forced to cut back. though less severe, disabling enough ask unanimous consent that the order I must tell my colleagues that I that they can’t be deployed. So the for the quorum call be rescinded. think it is going to be hard to shrink truth is, there already is a 30,000-gap The PRESIDING OFFICER. Without the Army in this way by the end of this beneath the 549,000 that is on the books objection, it is so ordered. year because so many of our troops are as actively deployed. Mr. GRAHAM. Madam President, I reenlisting, which is quite remark- The best way to honor the sacrifice call up the Lieberman-Graham amend- able—so committed to the cause, proud and service of these soldiers will be to ment No. 1157. of their service, want to keep fighting ensure that their brothers and sisters The PRESIDING OFFICER. Is there for the United States alongside the in arms go to battle with reinforce- objection? others in their unit. Obviously, some ments who can take their place; to Mr. LIEBERMAN. Objection. are affected by the economy and the in- guarantee that the Army can build The PRESIDING OFFICER. Objec- stability and difficulty in finding job those enabler units I talked about that tion is heard. opportunities in the economy. the service needs most now on the Mr. GRAHAM. Madam President, I So I think it would be a terrible mis- front lines in Afghanistan and Iraq— will talk about the amendment, if I take to order the Army to cut its ranks and both battlefields are now beginning may. at this time, which would mean less to compete for those uniquely trained The PRESIDING OFFICER. The Sen- dwell time for our soldiers. That is why enablers; and to provide the Army lead- ator is recognized for that purpose. Senators GRAHAM, BEGICH, THUNE, ership with the flexibility it needs to Mr. GRAHAM. Madam President, I BURRIS, and I introduced this bipar- have the manpower for the theater wished to thank Senator LIEBERMAN tisan amendment which would enable while giving our troops more time at for his leadership on this issue. We the Army to maintain its current home. have been working together on what I strength and continue to grow for the I wish to go to two final questions. think is a very big deal for the Amer- remainder of this fiscal year as the Would growing the force today relieve ican people in the overall war effort. As Secretary of Defense determines. No the strain on the force when it matters many of you know, particularly our compulsion here. most? And is this a proposal we can af- colleagues and the public at large, we Current law forces the Army to get ford? In terms of the first, we know the have had a discussion in this Nation smaller before the end of the year. This greatest demand in the theater falls about whether we should release more

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5672 CONGRESSIONAL RECORD — SENATE May 20, 2009 photos showing detainee abuse in the ahead of any political calculation. For lease of photographs that depict the past. that, I very much appreciate his lead- treatment of detainees in U.S. custody. The President of the United States ership and his friendship. I wish to rec- Those photographs are the subject of a has decided to stand for the proposition ognize what he did. Freedom of Information Act lawsuit that releasing these photos would jeop- The PRESIDING OFFICER. The Sen- filed by the American Civil Liberties ardize the safety of our men and ator from Connecticut is recognized. Union. women serving overseas and Americans Mr. LIEBERMAN. Madam President, Last fall, the Second Circuit court of abroad, as well as civilians serving in I thank my friend from South Carolina appeals ordered the release of those the war zones. He has indicated the for his kind words, first, but also for photographs. Instead of appealing that photos don’t add anything to the past working together on this in a bipar- decision to the Supreme Court, govern- debate about detainee abuse. They are tisan way. Senator GRAHAM serves in ment lawyers agreed to release the im- more of the same. No new person is im- the Senate, but he also serves in the ages as well as others that were part of plicated. These photos, again, were U.S. Air Force. When we travel with internal Department of Defense inves- taken by our own folks, detailing him, he usually remains behind to do tigations. abuse, and a lot of that has been dealt some time and be of service in the bat- I strongly believe that the Presi- with already and prosecuted. tle zones. That is the kind of person he dent’s decision to fight the release of The President, I think rightfully, has is. He is an extremely skilled lawyer. the photographs was the right one. determined, after consulting with his We approached this trying to do what Today, Senator GRAHAM and I intro- combat commanders, that if we release was right from a legal point of view but duced this amendment to H.R. 2346, the these photos, it would not help us un- also understanding what the President, supplemental appropriations bill for derstand any more about detainee to his great credit, understood and ex- Iraq and Afghanistan, that will codify problems in the past than we already pressed in the decision he has made on the President’s decision and establish a know. But it would be a tremendous these photos. These are old photos. procedure to prevent the detainee benefit to the enemy. The enemy used They portray, I fear, behavior that is photos from being released. these photos in the past to generate re- unacceptable and, in fact, has been Before the President decided to fight sentment against our troops. It has made illegal by the Detainee Treat- the Second Circuit decision, Senator been a propaganda tool. The President ment Act and the Military Commis- GRAHAM and I sent a letter to the is rightfully concerned that to release sions Act, which Senator GRAHAM President making the case that the re- more photos would add nothing to the played the leading part in drafting. lease of the photographs serves no pub- overall knowledge base we have regard- This behavior portrayed in the pictures lic good. ing detainee abuse, and it is simply already has also been made illegal by The behavior depicted in those photo- going to put American lives in jeop- Executive order of President Obama. graphs has been prohibited by Congress ardy. I applaud the President, who So what purpose is served by putting in the Detainee Treatment Act and the stood for our troops and men and these pictures out now? What good pur- Military Commissions Act as well as by women and the civil servants overseas. pose? None. It is a kind of voyeurism, Executive orders issued by President There are a lot of mysteries in this frankly, to see the pictures just for the Obama. Meanwhile, the Department of world, but there is no mystery on what sake of seeing the pictures. Maybe in a Defense has investigated the allega- would happen if we release those normal time that would be OK; it prob- tions of detainee abuse for the purpose photos. I can tell you, beyond a shadow ably would be. Disclosure and trans- of holding those responsible account- of a doubt, that if these photos get into parency are values our country, our able. the public domain, they will inflame Government, holds high. But there is We also know that the release of the populations where our troops are serv- something different now, and this is photographs will make our service men ing overseas and increase violence what President Obama recognizes. We and women deployed overseas less safe. against our troops. are at war. When you are at war, you There is compelling evidence that the What we have done—Senator have to ask the question the President images depicting detainee abuse at Abu LIEBERMAN and myself—is we came up asked General Petraeus, General Ghraib was a great spur to the insur- with an amendment that addresses the Odierno, and others: Will the public re- gency in Iraq and made it harder for lawsuit before our judicial system lease of these pictures endanger Amer- our troops to succeed in their mission about the photos. This amendment ica, American military personnel, and there. says any detainee photos that are cer- American Government personnel serv- Now we learned valuable lessons from tified by the Secretary of Defense, in ing overseas? those pictures. And as I said, Congress consultation with others, that would The answer came back loud and and this President have taken steps to result in harm to our men and women clear: Yes, it will. So the President, prevent that abuse from ever hap- serving overseas, jeopardize the war ef- with strength and decisiveness, stepped pening again. fort, and put our troops in harm’s way, onto what I am sure he knew was po- But the same is not true about these with Presidential approval, those litically controversial ground. He did pictures. These pictures depict past photos cannot be released for a 5-year what he thought was right for the abuses that have already been ad- period of time. To me, that is a reason- country as Commander in Chief. As dressed and we know that the release able compromise. It doesn’t change Senator GRAHAM said, we applaud him will only empower the propaganda op- FOIA, in its basic construct, but it pro- greatly for that. We are at war, and erations of al-Qaida and other Islamist vides congressional support to the you don’t do the things when you are terrorist organizations. President’s decision that we should not at war that you might do at other Even before 9/11, terrorist groups like release these photos. times. al-Qaida recognized the immense value Senator LIEBERMAN and myself have This proposal basically codifies into of using propaganda to recruit and been to the theater of operations many law the process President Obama sug- radicalize followers around the world. times. We have met with al-Qaida gested in reaching the decision he Since 9/11, the al-Qaida propaganda op- operatives who have switched sides, ba- made to fight the release of these pic- eration has only gotten more sophisti- sically, and they have told us firsthand tures. cated. Should pictures like these be re- how at prison camps in Iraq, the Abu Last week, the President made ex- leased, we know that they will be cir- Ghraib photos were used in the past to actly the right decision as Commander culated immediately on al-Qaida con- recruit new members to al-Qaida and in Chief that will protect our troops in nected Web sites and many other Web generate resentment against our Iraq, Afghanistan and elsewhere and sites that readily post images just like troops. make it easier for them to carry out this. I applaud the President. This legisla- the missions that we have asked them And to be clear, it is not al-Qaida tion will help the administration in to do. leadership we are worried about—they court. I thank Senator LIEBERMAN, After consulting with General are committed to destroying America who, above all else, puts his country Petraeus, General Odierno and others, regardless of what happens with these and the security of our men and women the President decided to fight the re- photos. Rather it is the thousands of

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5673 young men—and some women—around ple in the United States will be drawn ment at this time. Therefore, I ask the world who may not otherwise be in- to those Web sites and perhaps re- unanimous consent to set aside the clined to sympathize with or support cruited through these pictures into a pending amendment and call up al-Qaida but may change their minds life of terrorism, where the essential amendment No. 1157 on behalf of Sen- after seeing these photos. Those re- target will be America and Americans. ator LIEBERMAN, myself, and Senator cruits are the ones that keep al-Qaida There is no reason to let that happen, MCCAIN. and other Islamist terrorist groups vi- and this amendment will make sure, in The PRESIDING OFFICER. Is there brant and capable of planning and exe- an orderly and fair way, that it doesn’t objection? Without objection, it is so cuting attacks against us. happen while we are at war. ordered. By introducing this legislation Again, I thank my friend from South The clerk will report. today, we do not condone the behavior Carolina. I gather we are waiting for The assistant legislative clerk read depicted in the photographs. We expect word on whether we can introduce the as follows: that those responsible for the mistreat- amendment soon. The Senator from South Carolina [Mr. ment of detainees will be held account- The PRESIDING OFFICER. The Sen- GRAHAM], for himself, Mr. LIEBERMAN, and able. And that is exactly what the De- ator from South Carolina is recognized. Mr. MCCAIN, proposes an amendment num- partment of Defense has done with the Mr. GRAHAM. Madam President, bered 1157. internal investigations it has con- here is a closing thought. The Presi- Mr. GRAHAM. Madam President, I ducted. dent understands very well, and I know ask unanimous consent that reading of This bill—the Detainee Photographic Senator LIEBERMAN does, and I think the amendment be dispensed with. Records Protection Act—would estab- we all understand we have some dam- The PRESIDING OFFICER. Without lish a procedure just like the one that age to repair. We have made mistakes objection, it is so ordered. led to the President’s decision not to in this war. Detainee operations are es- The amendment is as follows: release the photos. sential in every war. Part of war is to (Purpose: To provide that certain photo- This legislation would authorize the capture prisoners and how you dispose graphic records relating to the treatment of any individual engaged, captured, or de- Secretary of Defense, after consulta- of them can help or hurt the war effort. tained after September 11, 2001, by the tion with the Chairman of the Joint There have been times in the past Armed Forces of the United States in oper- Chiefs, to certify to the President that where detainee operations have hurt ations outside the United States shall not the disclosure of photographs like the the war effort. We need to start over. be subject to disclosure under section 552 ones at issue in the ACLU lawsuit That is why we need to look at a new of title 5, United States Code (commonly would endanger the lives of our citizens system to replace the one we have re- referred to as the Freedom of Information or members of the Armed Forces or ci- garding military commissions—but Act)) vilian employees of the U.S. Govern- keep it in the military setting—and a At the appropriate place, insert the fol- ment deployed abroad. way to start over with basic detainee lowing: The certification would last 5 years SEC. lll. DETAINEE PHOTOGRAPHIC RECORDS operations in a comprehensive manner. PROTECTION. and could be renewed by the Secretary But in repairing the damage of the (a) SHORT TITLE.—This section may be of Defense if the threat to American past, you have to make sure you are cited as the ‘‘Detainee Photographic Records personnel continues. Also, the lan- not creating future damage. If you re- Protection Act of 2009’’. guage in the bill is clear that it would lease these photos, you will not repair (b) DEFINITIONS.—In this section: apply to the current ACLU lawsuit damage from the past, and you will not (1) COVERED RECORD.—The term ‘‘covered that gave rise to the President’s deci- bring somebody to justice that is in record’’ means any record— sion last week. these photos whom we already don’t (A) that is a photograph relating to the Let me state clearly that we cannot treatment of individuals engaged, captured, know about. There will not be a new or detained after September 11, 2001, by the become complacent about the stark re- person named. It is more of the same. Armed Forces of the United States in oper- ality that we are still at war with en- So it doesn’t contribute to repairing ations outside of the United States; and emies who continue to seek to attack the damage of the past, but it sure does (B) for which a certification by the Sec- America and kill Americans. In the create damage for the future. retary of Defense under subsection (c) is in heated partisan environment in Wash- The one fact I am very aware of is effect. ington, we are unfortunately some- that the young men and women serving (2) PHOTOGRAPH.—The term ‘‘photograph’’ times more engaged in finger pointing overseas today—soldiers, military encompasses all photographic images, and recriminations than being focused whether originals or copies, including still members, and civilians—have done photographs, negatives, digital images, on defeating the vicious determined nothing wrong. They should not pay a films, video tapes, and motion pictures. enemy we face. price for the people who did something (c) CERTIFICATION.— I applaud President Obama for the wrong in the past whom we already (1) IN GENERAL.—For any photograph de- actions he has taken in the past week know about. scribed under subsection (b)(1)(A), the Sec- on the photos and the military com- If you release these photos, Ameri- retary of Defense shall submit a certifi- missions and I believe that this legisla- cans are going to get killed for no good cation, in classified form to the extent ap- tion will provide him with an impor- reason. That is why we need to pass propriate, to the President, if the Secretary of Defense, in consultation with the Chair- tant tool to assist him in leading the this amendment—to help the President man of the Joint Chiefs of Staff, determines war on terror. defeat this lawsuit that would lead to that the disclosure of that photograph would Bottom line: I hope, again, this can violence against Americans who are endanger— be a bipartisan amendment, which it is, doing their job and have done nothing (A) citizens of the United States; or but I hope it will be supported by Mem- wrong. They should not be punished for (B) members of the Armed Forces or em- bers across the aisles. When we do that, something somebody has done in the ployees of the United States Government de- we are all going to be saying we know past, which has already been addressed. ployed outside the United States. we are at war and that we have no I suggest the absence of a quorum. (2) CERTIFICATION EXPIRATION.—A certifi- higher responsibility than to protect The PRESIDING OFFICER. The cation submitted under paragraph (1) and a renewal of a certification submitted under the security of our country and our clerk will call the roll. paragraph (2) shall expire 5 years after the military personnel, which would be en- The assistant legislative clerk pro- date on which the certification or renewal, dangered if these pictures go out. ceeded to call the roll. as the case may be, is submitted to the For a quick moment, I speak as Mr. GRAHAM. Madam President, I President. chairman of the Homeland Security ask unanimous consent that the order (3) CERTIFICATION RENEWAL.—The Sec- Committee, which I am privileged to for the quorum call be rescinded. retary of Defense may submit to the Presi- lead. These pictures will be a recruit- The PRESIDING OFFICER. Without dent— ing device for al-Qaida and the rest of objection, it is so ordered. (A) a renewal of a certification in accordance with paragraph (1) at any time; and AMENDMENT NO. 1157 the terrorist ilk. These pictures will go (B) more than 1 renewal of a certification. up instantaneously on jihadist ter- Mr. GRAHAM. Madam President, it (d) NONDISCLOSURE OF DETAINEE rorist recruiting Web sites. Not just is my understanding that there is an RECORDS.—A covered record shall not be sub- people elsewhere in the world but peo- agreement we can bring up the amend- ject to—

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5674 CONGRESSIONAL RECORD — SENATE May 20, 2009 (1) disclosure under section 552 of title 5, (C) financing or brokering such an activ- porting gasoline to the Islamic Repub- United States Code (commonly referred to as ity; or lic of Iran. the Freedom of Information Act); or (3) sold, leased, or otherwise provided to Despite protests from the Congress, (2) disclosure under any proceeding under the Islamic Republic of Iran any goods, serv- the Department of Energy actually that section. ices, or technology valued at $1,000,000 or completed those sales and the transfers (e) EFFECTIVE DATE.—This section shall more that could contribute to the mainte- take effect on the date of enactment of this nance or expansion of the capacity of the Is- of money in April of 2009. So that is not Act and apply to any photograph created be- lamic Republic of Iran to produce refined pe- a contract we can affect. That is half a fore, on, or after that date that is a covered troleum products. billion dollars of U.S. taxpayer money record. Mr. KYL. Mr. President, let me brief- going to these two companies that do Mr. GRAHAM. Madam President, ly describe what this amendment does. business directly with Iran. We should Senator LIEBERMAN and I have already The administration, as well as Mem- stop doing that. What this amendment explained the need for this amendment. bers of Congress, have all been recently says is that we are going to stop doing It will help the President win a lawsuit saying some important things about that with money that would be ordi- that is moving through our legal sys- our ability to influence the actions of narily spent on companies such as tem regarding the release of photos of the country of Iran relative to their ac- Vitol and Shell Trading. past detainee abuse. As I said, that will quisition of a nuclear capability. Let The Department of Energy has out- not help us to learn more, and it will me quote a couple of these statements standing contracts to add 6.2 million only put American lives at risk, as the that I think make a lot of sense. barrels of crude oil to the Strategic Pe- commanders have told the President. Secretary Gates said: troleum Reserve with Shell Trading and a company called Glencore, which The Senate can avoid that by passing The regional and nuclear ambitions of Iran this targeted amendment. continue to pose enormous challenges to the also sells gasoline to Iran. Last month, I hope we can get a large vote for this U.S. Yet I believe there are nonmilitary the Senate unanimously approved an amendment. ways to blunt Iran’s power to threaten its amendment—it was amendment No. 980 I suggest the absence of a quorum. neighbors and sow instability throughout to S. Con. Res. 13—to the budget to pre- The PRESIDING OFFICER (Mr. BEN- the Middle East. vent Federal expenditures to compa- NET). The clerk will call the roll. The Secretary said that at an Armed nies doing business in the energy sec- The assistant legislative clerk pro- Services Committee hearing in Janu- tor of the Islamic Republic of Iran on ceeded to call the roll. ary of this year. the matter I spoke to before. So this Mr. KYL. Mr. President, I ask unani- In March of this year, after an impor- would be a complementary way for us mous consent that the order for the tant NATO meeting, Secretary Clinton to assure that Iran is not supported by quorum call be rescinded. said the following: these companies. This amendment The PRESIDING OFFICER. Without would make clear our opposition to the objection, it is so ordered. I know that there’s an ongoing debate about what the status of Iran’s nuclear weap- use of taxpayer funds to pay to these AMENDMENT NO. 1147 ons production capacity is, but I don’t think companies that sell refined petroleum Mr. KYL. Mr. President, I ask unani- there is a credible debate about their inten- products to Iran. We wouldn’t be able mous consent that the pending busi- tion. Our task is to dissuade them, deter to use American taxpayer dollars, for ness be laid aside so that I may offer them, prevent them from acquiring a nuclear example, to pay them to fill our Stra- weapon. amendment No. 1147. tegic Petroleum Reserve. There are The PRESIDING OFFICER. Without I think we would all agree with these plenty of other companies that can do objection, it is so ordered. The clerk two sentiments. One way to ‘‘dissuade’’ that. will report. Iran from pursuing this nuclear capa- So if we are serious about con- The bill clerk read as follows: bility, as Secretary Clinton put it, is to fronting the Islamic Republic of Iran, The Senator from Arizona [Mr. KYL], for focus on the vulnerabilities of Iran and we have to use all the economic and himself and Mr. LIEBERMAN, proposes an its leaders to cause them to change diplomatic tools at our disposal to amendment numbered 1147. their plans by putting significant pres- focus pressure on that country and its Mr. KYL. Mr. President, I ask unani- sure on Iran and its leadership. leadership to cause them to stop pur- mous consent that the reading of the Where might those pressure points suing their plans to become a nuclear amendment be dispensed with. be? One of them that President Obama power. I think most of us would agree The PRESIDING OFFICER. Without talked about in his campaign was the that companies doing business with objection, it is so ordered. fact that Iran imports about 40 percent Iran should have to make a choice: Do The amendment is as follows: of the refined gasoline and diesel that they do business, as I said, with our $13 (Purpose: To prohibit funds made available its citizens use. It does not have an in- trillion economy or do they do business for the Strategic Petroleum Reserve to be digenous capability. That represents a made available to any person that has en- with Iran’s $250 billion economy? This gaged in certain activities with respect to vulnerability since there are only a few amendment doesn’t get to that larger the Islamic Republic of Iran) companies, maybe five, that supply issue, but it does at least say that we At the end of title IV, add the following: that refined petroleum product to Iran. are not going to spend taxpayer money So one of the things we can do is to en- PROHIBITION ON USE OF FUNDS FOR THE STRA- with these five or so companies—some TEGIC PETROLEUM RESERVE FOR PERSONS sure that those companies have to de- of which we are currently doing busi- THAT HAVE ENGAGED IN CERTAIN ACTIVITIES cide whether they want to do business ness with—by buying their oil for our WITH RESPECT TO THE ISLAMIC REPUBLIC OF with Iran’s $250 billion economy or our Strategic Petroleum Reserve. IRAN $13 trillion economy. There is legisla- Mr. President, I am happy to answer SEC. 410. None of the funds made available tion pending that Senator BAYH, Sen- any questions or have debate about by this title or any other appropriations Act ator LIEBERMAN, and I have introduced this amendment. If my colleagues are for the Strategic Petroleum Reserve may be that would deal with that subject. willing to accept it without a vote, made available to any person that has, dur- But there is another way that we can that is fine with me too. I think the ing the 3-year period ending on the date of deal with it, and it is focused on this the enactment of this Act— important point is to get this propo- (1) sold refined petroleum products valued legislation in front of us. That is how sition established. I can’t imagine at $1,000,000 or more to the Islamic Republic we spend U.S. money and whether, in there is a great deal of controversy of Iran; fact, we pay money to these companies. about this here in the body, but if any- (2) engaged in an activity valued at It turns out that the answer is yes. one would like to debate me about it, I $1,000,000 or more that could contribute to For example, in January, the Depart- would be happy to do that at this time enhancing the ability of Iran to import re- ment of Energy announced its award of or when they are here. fined petroleum products, including— a contract to purchase 10.7 million bar- Mr. President, I suggest the absence (A) providing ships or shipping services to rels of crude oil for the Strategic Pe- deliver refined petroleum products to the Is- of a quorum. lamic Republic of Iran; troleum Reserve to two companies, The PRESIDING OFFICER. The (B) underwriting or otherwise providing in- Vitol and Shell Trading. The total cost clerk will call the roll. surance or reinsurance for such an activity; of these contracts is $552 million. These The bill clerk proceeded to call the or two firms play a critical role in im- roll.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5675 Mr. BROWN. Mr. President, I ask The World Bank estimates the global The ACTING PRESIDENT pro tem- unanimous consent the order for the economic crisis will push an additional pore. Is there objection to setting aside quorum call be rescinded. 46 million people into poverty this the pending amendment? The ACTING PRESIDENT pro tem- year. If the crisis persists, an addi- Without objection, it is so ordered. pore. Without objection, it is so or- tional 2.8 million children under 5 may The clerk will report. dered. die from preventable and treatable dis- The legislative clerk read as follows: AMENDMENT NO. 1161 eases between now and 2015. The Senator from Arizona [Mr. MCCAIN], Mr. BROWN. I ask unanimous con- As governments across the globe find for himself, Mr. LIEBERMAN, Mr. LUGAR, and sent to set aside the pending amend- themselves in dire straits, the IMF has Mr. BROWNBACK, proposes an amendment ments and call up amendment No. 1161. stepped in to provide badly needed numbered 1188. loans to countries in trouble but often The ACTING PRESIDENT pro tem- Mr. MCCAIN. Mr. President, I ask pore. Is there objection? at the expense of social spending pro- unanimous consent that the reading of Without objection, it is so ordered. grams. In the past, the IMF has loaned the amendment be waived. The clerk will report. money to nations, often with the re- The ACTING PRESIDENT pro tem- quirement that these countries balance The legislative clerk read as follows: pore. Without objection, it is so or- their budgets, cut spending and raise The Senator from Ohio [Mr. BROWN] pro- dered. poses an amendment numbered 1161. interest rates. Of course, there is noth- The amendment is as follows: Mr. BROWN. I ask unanimous con- ing wrong with balanced budgets, but sent the reading of the amendment be in an economic crisis such as the one (Purpose: To make available from funds ap- we currently face, how can the IMF ask propriated by title XI an additional dispensed with. $42,500,000 for asssistance for Georgia) The ACTING PRESIDENT pro tem- countries to cut spending on education, pore. Without objection, it is so or- on health care, on nutrition, in order At the end of title XI, add the following: SEC. 1121. (a) ADDITIONAL AMOUNT FOR AS- to undertake policies that might actu- dered. SISTANCE FOR GEORGIA.—The amount appro- The amendment is as follows: ally cause more harm than good? The priated by this title under the heading ‘‘Eu- (Purpose: To require the United States Exec- upshot of these policies is the world’s rope, Eurasia and Central Asia’’ is hereby in- utive Director of the International Mone- weakest and most vulnerable are the creased by $42,500,000, with the amount of the tary Fund to oppose loans and other pro- ones who suffer. The first items cut increase to be available for assistance for grams of the Fund that do not exempt cer- from budgets are social spending pro- Georgia. tain spending by the governments of heav- grams. In fact, the IMF has actually (b) SOURCE OF FUNDS.— ily indebted poor countries from certain required that countries cap spending (1) IN GENERAL.—The amount of the in- budget caps and restraints) on health care and education and nu- crease in subsection (a) shall be derived from On page 106, between lines 14 and 15, insert trition. amounts appropriated or otherwise made the following: available by this title, other than amounts SEC. 1303. (a) EXEMPTION OF CERTAIN GOV- If these conditions continue to be under the heading ‘‘Europe, Eurasia and Cen- ERNMENT SPENDING FROM INTERNATIONAL placed on countries receiving IMF tral Asia’’ and available for assistance for MONETARY FUND RESTRICTIONS.—The Sec- funds, our attempts to provide assist- Georgia. retary of the Treasury shall instruct the ance to those in need will be undercut, (2) ADMINISTRATION.—Not later than 30 United States Executive Director of the all in the name of fiscal responsibility. days after the date of the enactment of this International Monetary Fund to oppose any Let me be clear: The purpose of this Act, the Director of the Office of Manage- loan, project, agreement, memorandum, in- amendment is not to inhibit IMF lend- ment and Budget shall— strument, plan, or other program of the ing. I recognize the importance of the (A) administer the reduction required pur- Fund that does not exempt spending on IMF and I recognize the role it will suant to paragraph (1); and health care, education, food aid, and other (B) submit to the Committee on Appropria- critical safety net programs by the govern- play in stabilizing the global economy, tions of the Senate and the Committee of the ments of heavily indebted poor countries but it is especially for this reason we House of Representatives a report specifying from national budget caps or restraints, hir- must be able to hold it accountable. the account and the amount of each reducing or wage bill ceilings, or other limits on The administration’s inclusion of tion made pursuant to the reduction re- government spending sought by the Fund. IMF money in the supplemental appro- quired pursuant to paragraph (1). (b) CONFORMING REPEAL.—Section 7030 of priation is an opportunity for us to the Omnibus Appropriations Act, 2009 (Pub- Mr. MCCAIN. Mr. President, I rise to make a statement to the International offer an amendment that will restore lic Law 111–8; 123 Stat. 874) is amended by Monetary Fund, to make sure that the striking subsection (c) and redesignating assistance to the Republic of Georgia, subsection (d) as subsection (c). money we loan to the IMF is used for thereby fulfilling the commitment the programs that do not adversely affect Mr. BROWN. Mr. President, I begin United States has made to that coun- the most vulnerable in the world. We by thanking the senior Senator from try. must ensure the IMF doesn’t force Last year, following the Russian in- Mississippi for his good work and for countries to cut spending for health his cooperation on bringing this vasion of Georgia, and the widespread care or education or nutrition at the destruction that took place throughout amendment forward. I rise to offer expense of balanced budgets or shoring amendment No. 1161, which is intended the country, the United States pledged up central banks. $1 billion in aid to Georgia. The move to ensure that the International Mone- We must ensure that social spend- had wide bipartisan support. tary Fund fulfills its mission in a man- ing—education, health care, nutri- ner consistent with American values tion—is protected not only for humani- Thus far approximately three-quar- and American objectives. This amend- tarian and moral reasons but also for ters of the assistance has been deliv- ment would help ensure that the the long-term security and stability of ered to Tblisi. Now the administration human cost of this economic crisis is those countries. has requested that final step in ful- not exacerbated, is not made worse, by We must be able to hold the IMF ac- filling the U.S. pledge be incorporated cuts to nutrition and to health and to countable for its policies. We must use into the supplemental bill and re- education programs. our voice and our vote to reflect our quested the remaining $242.5 million in Without a doubt, we are facing the commitment to education, to the fight assistance for Georgia. greatest economic crisis in decades, a against global poverty, and to the wel- The House measure includes this full crisis that has worldwide implications. fare of workers everywhere. That is funding. The Senate version, on the Unemployment is up, not just in my what this amendment will accomplish. other hand, provides only $200 million, home State of Ohio or in the State of I yield the floor. which makes it available not just for the Presiding Officer, of New Mexico, The ACTING PRESIDENT pro tem- Georgia but other central Asian coun- but across this Nation and around the pore. The Senator from Arizona is rec- tries as well. world. In low-income countries, work- ognized. The amendment I am offering would ers are toiling away for increasingly AMENDMENT NO. 1188 move $42.5 million in existing funds lower wages and children are all too Mr. MCCAIN. Mr. President, amend- under the international affairs title of often going without health care, with- ment No. 1188 is at the desk. I ask the bill to fulfill the full amount of the out enough food, and with little edu- unanimous consent for its immediate American pledge. I would emphasize—I cation. consideration. wanted to heavily emphasize—that in

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5676 CONGRESSIONAL RECORD — SENATE May 20, 2009 doing so, this amendment does not in- We must not revert to an era in ‘‘(i) to facilitate the uniform implementa- crease the top line of the State Depart- which the countries on Russia’s periph- tion of federally mandated or federally es- ment budget by one penny, nor does it ery were not permitted to make their tablished programs and financings related mean one penny more in taxpayer ex- own decisions, control their own polit- thereto, including— ‘‘(I) uniform accessibility of student loans, penditure. It is consistent with the ad- ical futures, and decide their own alli- including the issuance of qualified student ministration’s budget request and with ances. Whether in Kyrgyzstan, where loan bonds as set forth in section 144(b) of the promise that our Nation made to Moscow seems to have exerted pressure the Internal Revenue Code of 1986; the Republic of Georgia following last for the eviction of U.S. forces from the ‘‘(II) the uniform accessibility of mortgage year’s strife. Manas base, to Estonia, which suffered loans, including the issuance of qualified The Georgian Government has stated a serious cyber-attack some time ago, mortgage bonds and qualified veterans’ that it plans to devote the assistance to Georgia and elsewhere Russia con- mortgage bonds as set forth in section 143 of to projects that will address urgent re- tinues its attempts to reestablish a such Code; ‘‘(III) the uniform accessibility of safe and quirements identified by the World sphere of influence. affordable housing programs administered or Bank’s recent Joint Needs Assessment. Yet such moves are in direct con- subject to review by the Department of These include resettling internally dis- travention to the free and open rules- Housing and Urban Development, including— placed persons, rebuilding vital infra- based international system that the ‘‘(aa) the issuance of exempt facility bonds structure following last year’s Russian United States and its partners have for qualified residential rental property as invasion, strengthening democratic in- spent so many decades to uphold. set forth in section 142(d) of such Code; stitutions and law enforcement capa- So let’s not forget what has happened ‘‘(bb) the issuance of low income housing bilities, and enhancing border security. in Georgia and the pledges we have tax credits as set forth in section 42 of such In fulfilling our pledge, we have the made to support a friend. I urge my Code, to facilitate the uniform accessibility of provisions of the American Recovery and opportunity not only to enhance the colleagues to support this amendment Reinvestment Act of 2009; and stability of the democratic progress of and stand by the Republic of Georgia in ‘‘(cc) the issuance of bonds and obligations Georgia but also to send a clear mes- its continuing time of need. issued under that Act, to facilitate economic sage to the region that the United I want to emphasize again, the development, higher education, and improve- States will stand by its friends. Such a amendment does not increase the top ments to infrastructure, and the issuance of signal is one of the utmost importance. line of the State Department budget by bonds and obligations issued under any pro- It has been just 8 months since the one penny, nor does it mean one penny vision of law to further the same; and world’s attention was riveted by Rus- more in taxpayer expenditures, con- ‘‘(ii) to facilitate interstate commerce generally, including consumer loans, in the case sia’s invasion. Following the violence, sistent with the administration’s budg- of any person or governmental entity (other there was talk of sanctions against et request, and with the promise that than a depository institution subject to sub- Moscow. The Bush administration our Nation made to the Republic of paragraph (A) and paragraph (2)).’’. withdrew its submission to Congress of Georgia following last year’s strife. (b) EFFECTIVE PERIOD.—The amendments a nuclear cooperation agreement with I suggest the absence of a quorum. made by subsection (a) shall apply with re- Russia, and NATO suspended meetings The ACTING PRESIDENT pro tem- spect to contracts consummated during the of the NATO-Russia Council. That out- pore. The clerk will call the roll. period beginning on the date of enactment of rage quickly subsided, however, and it The assistant bill clerk proceeded to this Act and ending on December 31, 2010. seems that the events of last August call the roll. Mrs. LINCOLN. Mr. President, I will have been all but forgotten in some Mrs. LINCOLN. Mr. President, I ask be very brief. quarters. unanimous consent that the order for I, first of all, want to say a special A casual observer might guess that the quorum call be rescinded. thanks to Chairman INOUYE and the things returned to normal in this part The ACTING PRESIDENT pro tem- ranking member, my neighbor from pore. Without objection, it is so or- of the world and that war in Georgia Mississippi, Senator COCHRAN, for their was a brief and tragic circumstance dered. good work on this effort and really that has since been reversed. But, in AMENDMENT NO. 1181 being thoughtful and timely on that we fact, this is not the case. Mrs. LINCOLN. Mr. President, I ask need in this bill we have before us. While the stories have faded from the unanimous consent that the pending The amendment I am offering today headlines, Russia remains in violation amendment be set aside and I call up deals with an emergency challenge of the terms of the ceasefire to which it my amendment No. 1181. that is faced in our State of Arkansas. agreed last year. Russian troops con- The ACTING PRESIDENT pro tem- It is a specific problem just to us, and tinue to be stationed on sovereign pore. Is there objection? we need the Senate’s help to imme- Without objection, it is so ordered. Georgian territory. Thousands of Rus- diately address that issue. sian troops remain in South Ossetia The clerk will report. The legislative clerk read as follows: Unfortunately, as a result of the eco- and Abkhazia, greatly in excess of the nomic challenges our Nation now faces, The Senator from Arkansas [Mrs. LINCOLN] preconflict levels. these challenges are magnified for us Rather than abide by the ceasefire’s proposes an amendment numbered 1181. in our State, and immediate and emer- requirement to engage in international The amendment is as follows: gency intervention is essential; other- talks on the future of the two prov- (Purpose: To amend the Federal Deposit In- wise, our State’s recovery will lag be- inces, Russia has recognized their inde- surance Act with respect to the extension hind due to a lack of capital in our pendence, signed friendship agreements of certain limitations) State because of the circumstances we with them that effectively render them At the appropriate place, insert the fol- are experiencing, as I said, with an un- Russian dependencies, and have taken lowing: usual cap that is tied to the Federal over their border controls. SEC. ll. EXTENSION OF LIMITATIONS. rate. So we are working hard to solve All of this suggests tangible results (a) IN GENERAL.—Section 44(f)(1) of the this problem in our State. We are ask- to Russia’s desire to maintain a sphere Federal Deposit Insurance Act (12 U.S.C. 1831u(f)(1)) is amended— ing our Senate colleagues to work with of influence in neighboring countries, (1) by redesignating subparagraphs (A) and us. dominate their politics, and cir- (B) as clauses (i) and (ii), respectively, and Mr. President, I ask unanimous con- cumscribe their freedom of action in moving the margins 2 ems to the right; international affairs. (2) by striking ‘‘evidence of debt by any in- sent that Senator PRYOR be added as a Russian President Medvedev recently sured’’ and inserting the following: ‘‘evi- cosponsor to the amendment. denounced NATO exercises in Georgia, dence of debt by— The ACTING PRESIDENT pro tem- describing them as ‘‘provocative.’’ Yet ‘‘(A) any insured’’; and pore. Without objection, it is so or- these ‘‘provocative’’ exercises did not (3) by striking the period at the end and in- dered. involve heavy equipment or arms and serting the following: ‘‘; and Mrs. LINCOLN. I thank the Acting ‘‘(B) any nondepository institution oper- President pro tempore. focused on disaster response, search ating in such State, shall be equal to not and rescue, and the like. Russia was more than the greater of the State’s max- Again, we look forward to being able even invited to participate in the exer- imum lawful annual percentage rate or 17 to work with our colleagues to meet cises, an invitation Moscow declined. percent— this challenge our State, and our State

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5677 alone, faces. Again, I thank the chair- (3) Under title X, relating to Military Con- ciate the fact that they are in need of man and the ranking member for being struction and Veterans and Related Agen- having equipment and weapons that able to work with us on this issue. cies. are suitable for the tasks and the chal- Mr. President, I suggest the absence (c) ADMINISTRATION.—Not later than 30 lenges they face. It is a dangerous envi- days after the date of the enactment of this of a quorum. Act, the Director of the Office of Manage- ronment. This amendment will help The ACTING PRESIDENT pro tem- ment and Budget shall— deal with that serious problem. I thank pore. The clerk will call the roll. (1) administer the rescission specified in the Senator for bringing it to the at- The assistant bill clerk proceeded to subsection (a); and tention of the Senate. call the roll. (2) submit to the Committee on Appropria- Mr. RISCH. Mr. President, I thank Mr. RISCH. Mr. President, I ask tions of the Senate and the Committee on the Senator. As has been pointed out, unanimous consent that the order for Appropriations of the House of Representa- this is a situation that a number of the quorum call be rescinded. tives a report specifying the account and the States face. It will not cost any addi- The ACTING PRESIDENT pro tem- amount of each reduction made pursuant to the rescission in subsection (a). tional taxpayer dollars. It is a wise ex- pore. Without objection, it is so or- penditure of taxpayer dollars. dered. Mr. RISCH. Mr. President and fellow I note the absence of a quorum. AMENDMENT NO. 1143 Senators, I come to the floor to offer The PRESIDING OFFICER. The Mr. RISCH. Mr. President, I ask this important amendment. What this clerk will call the roll. unanimous consent that the pending amendment does is simply appropriates The assistant legislative clerk pro- amendment be set aside to call up my $2 billion to the National Guard and ceeded to call the roll. amendment No. 1143. Reserve equipment account. Mechani- Mr. KAUFMAN. Mr. President, I ask The ACTING PRESIDENT pro tem- cally, it does this by permitting the unanimous consent that the order for pore. Is there objection? OMB to rescind $2 billion that has been the quorum call be rescinded. Without objection, it is so ordered. previously appropriated in the stim- The PRESIDING OFFICER. Without The clerk will report. ulus package. It exempts from the re- objection, it is so ordered. The legislative clerk read as follows: scission funds related to the Depart- AMENDMENT NO. 1179 The Senator from Idaho [Mr. RISCH], for ment of Defense, the Department of Mr. KAUFMAN. Mr. President, I ask himself, Mr. CORNYN, and Mr. BOND, proposes Homeland Security, and part of title X unanimous consent to set aside the an amendment numbered 1143. of that bill relating to military con- pending amendment for purposes of Mr. RISCH. Mr. President, I ask struction and veterans and related calling up an amendment. unanimous consent that the reading of agencies. Otherwise, the OMB is di- The PRESIDING OFFICER. Is there the amendment be dispensed with. rected to rescind $2 billion, which is objection? The ACTING PRESIDENT pro tem- the amount authorized for the National Without objection, it is so ordered. pore. Without objection, it is so or- Guard and Reserve equipment account. Mr. KAUFMAN. Mr. President, I call dered. The reason for the amendment is up amendment No. 1179. The amendment is as follows: that as our Guard units and Reserve The PRESIDING OFFICER. The (Purpose: To appropriate, with an offset, an units have been asked to serve in Iraq clerk will report. additional $2,000,000,000 for National Guard and Afghanistan over recent years, The assistant legislative clerk read and Reserve Equipment) their equipment has been badly de- as follows: At the appropriate in title III, insert the pleted. I have personal experience with The Senator from Delaware [Mr. KAUF- following: this, as our Guard unit from Idaho had MAN], for himself, Mr. LUGAR, and Mr. REED, NATIONAL GUARD AND RESERVE EQUIPMENT been dispatched to Iraq and spent time proposes an amendment numbered 1179. For an additional amount for ‘‘National there. When they came back, a lot of Mr. KAUFMAN. Mr. President, I ask Guard and Reserve Equipment’’, their equipment was necessarily left unanimous consent that the reading of $2,000,000,000, to remain available for obliga- behind for the use of the Iraqis and for the amendment be dispensed with. tion until September 30, 2010: Provided, That the use of other American troops who The PRESIDING OFFICER. Without the Chief of the National Guard Bureau and were going to stay in Iraq. We have in objection, it is so ordered. an appropriate official for each of other re- Idaho over a period of time gone serve components of the Armed Forces each The amendment is as follows: shall, not later than 30 days after the date of through a process by which some of (Purpose: To ensure that civilian personnel the enactment of this Act, submit to the this equipment has been replaced but assigned to serve in Afghanistan receive ci- Committee on Armed Services and the Com- not all. Obviously, this amendment vilian-military coordination training that mittee on Appropriations of the Senate and does not apply just to Idaho; it applies focuses on counterinsurgency and stability the Committee on Armed Services and the to all States, all National Guard units, operations) Committee on Appropriations of the House all Reserve units. On page 71, between lines 13 and 14, insert of Representatives a report on the mod- This is something that is badly need- the following: ernization priority assessment for the Na- ed. The National Guard certainly per- (g) TRAINING IN CIVILIAN-MILITARY COORDI- tional Guard and for the other reserve com- NATION.—The Secretary of State, in con- ponents of the Armed Forces, respectively: forms a valuable service to the Gov- sultation with the Secretary of Defense, Provided further, That the amount under this ernors of each of the States, to the peo- shall seek to ensure that civilian personnel heading is designated as an emergency re- ple of each of the States. This bill will assigned to serve in Afghanistan receive ci- quirement and as necessary to meet emer- help them get the equipment that vilian-military coordination training that gency needs pursuant to sections 403(a) and badly needs replacing back in the focuses on counterinsurgency and stability 423(b) of S. Con. Res. 13 (111th Congress), the queue where it belongs and back where operations, and shall submit a report to the concurrent resolution on the budget for fis- it can be used by these Guard units and Committees on Appropriations and Foreign cal year 2010. Reserve units. Relations of the Senate and the Committees (RESCISSIONS) on Appropriations and Foreign Affairs of the Thank you, Mr. President. House of Representatives not later than 90 (a) IN GENERAL.—Of the discretionary The PRESIDING OFFICER (Mr. amounts (other than the amounts described days after the date of the enactment of this BURRIS). The Senator from Mississippi. in subsection (b)) made available by the Act detailing how such training addresses American Recovery and Reinvestment Act of Mr. COCHRAN. Mr. President, I wish current and future civilian-military coordi- 2009 (123 Stat. 115; Public Law 111–5) that are to compliment the distinguished Sen- nation requirements. unobligated as the the date of enactment of ator from Idaho. He puts his finger on Mr. KAUFMAN. Mr. President, I ask this Act, $2,000,000,000 is hereby rescinded. a problem that affects not only Idaho unanimous consent to modify the (b) EXCEPTION.—The rescission in sub- but some other States as well, includ- amendment, and I send the modifica- section (a) shall not apply to amounts made ing my State of Mississippi, where we tion to the desk. available by division A of the American Re- have had a large number of National Mr. COCHRAN. Mr. President, I sug- covery and Reinvestment Act of 2009 as fol- Guard and Reserve officers, too—but lows: gest the absence of a quorum. (1) Under title III, relating to the Depart- his amendment goes directly to the Na- The PRESIDING OFFICER. The ment of Defense. tional Guard—deployed to the theater, clerk will call the roll. (2) Under title VI, relating to the Depart- engaged in serious and dangerous oper- The assistant legislative clerk pro- ment of Homeland Security. ations in the theater, and we appre- ceeded to call the roll.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5678 CONGRESSIONAL RECORD — SENATE May 20, 2009 Mr. KAUFMAN. Mr. President, I ask inadequate. We do not have 9 months The PRESIDING OFFICER. Without unanimous consent that the order for to wait and we should not risk sending objection, it is so ordered. the quorum call be rescinded. civilians to Afghanistan without the Mr. MARTINEZ. Mr. President, I ask The PRESIDING OFFICER. Without training they need to be safe, secure, unanimous consent that I be allowed to objection, it is so ordered. and effective. speak for 5 minutes as in morning busi- Mr. KAUFMAN. Mr. President, I am We must therefore increase the fre- ness. grateful to the chairman and ranking quency of training programs, such as The PRESIDING OFFICER. Without member for their work on this critical the one at Camp Atterbury and we also objection, it is so ordered. bill. must ensure this training includes a CUBAN INDEPENDENCE DAY I am happy to be joined by Senators greater focus on counterinsurgency and Mr. MARTINEZ. Mr. President, for LUGAR and REED in introducing an stability operations. Americans, Independence Day is the amendment to ensure that civilians de- The military challenges we are fac- day we celebrate our freedom and the ployed to Afghanistan receive training ing today are unlike conventional wars ideals on which our Nation was found- that cultivates greater civilian-mili- of the past. I strongly agree with the ed. tary unity of mission and emphasizes assessment of leading defense experts Today is a special day for Cubans the importance of counterinsurgency that we must better prepare to win the who won their formal independence, and stability operations. wars we are in, as opposed to those we with help from the United States, 107 Last month, I had the distinct privi- may wish to be in. years ago today. Today is independence lege of traveling with Senator REED to According to Secretary Gates, this day in Cuba, which serves as a re- Afghanistan, Pakistan, and Iraq to will require ‘‘. . . a holistic assessment minder that there are those still strug- visit our troops and assess regional de- of capabilities, requirements, risks, gling to exercise their fundamental velopments and challenges. and needs’’ which will entail, among rights, having spent the past 50 years During the trip, it was abundantly other things, a rebalancing of our de- under the repressive rule of a one-fam- clear that we must build greater unity fense budget. ily regime. of mission between civilians and mili- This also includes changing the way Last month, 17 peaceful Cuban activ- tary in order to meet our growing we prepare U.S. personnel for their ists wrote to President Obama, noting needs in the region. mission, as reflected by the creation of that: In Iraq and Afghanistan, we are en- the Counterinsurgency Academy in A great majority of Cubans . . . desire pro- gaged in a four-stage process of fight- Kabul, where more civilians should found democratic change in Cuba. The shining insurgency by shaping the environ- train in greater numbers with the mili- ing example of the civil rights movement in ment, clearing insurgents with military once they are in Afghanistan. the United States is a beacon of hope so that tary power, holding the area with effec- An increased focus on counter- full dignity for each Cuban can be restored. tive security forces and police, and insurgency reflects the fact that we We want to determine our future through a building through a combination of gov- must undergo a military rebalancing to democratic process. ernance and economic development. be better prepared to face an asym- His administration has taken actions As we increase our military commit- metric threat. with the well-being of Cubans in mind. ment and civilian capacity in Afghani- Thanks to the leadership, vision, and While I appreciate the President’s stan, we must ensure that all U.S. per- integrity of Secretary Gates, General willingness to address some of the chal- sonnel have the tools they need to suc- Petraeus, and others, we have moved in lenges facing the Cuban people, I also ceed in this increasingly difficult mis- that direction, and we must continue ask that he consider implementing sion. along this path. policies that will empower the Cuban In addition to sending 21,000 addi- That is why I strongly support this people, not empower the regime. tional troops and trainers to Afghani- supplemental, which contains in- Wholesale change in Cuba won’t stan, President Obama recently an- creased funding for mine resistant am- come from Washington. It can only nounced that we will send hundreds of bush protected vehicles, or MRAPS, come from Havana. The Cuban people civilians from the State Department, and other equipment to counter uncon- will not truly be free until all prisoners USAID, and other agencies to partner ventional threats like improvised ex- of conscience are freed from prison. with the Afghan people and govern- plosive devices. Such equipment is crit- Additionally, the regime must end ment in promoting economic develop- ical to advancing our security goals in the practice of harassing and detaining ment and governance. Afghanistan and Iraq. those who exercise their fundamental These civilians will continue to work But most importantly, it provides human rights. in tandem with the military in stabi- needed defenses for our troops, so that The Cuban people are also entitled to lizing Afghanistan and should therefore we can keep our brave men and women freedom of the press, freedom to assem- train in tandem to prepare for their de- out of harm’s way in Iraq and Afghani- ble, and freedom to worship. Finally, ployment. stan. the Cuban people must be given the When surveyed, civilians serving in It is in this same vein that we must right to freely choose who governs Afghanistan have confirmed that joint also take every opportunity to prepare them and how they will be governed. training with the military was the sin- our civilians better. Increased civilian- On the day we recognize Cuba’s inde- gle most effective preparation. This military training focused on counter- pendence from Spain 107 years ago, we sentiment underscores the urgency of insurgency and stability operations is should also recognize the Cuban peo- this amendment, and highlights the essential to meeting this goal, and that ple’s right to independence from the re- critical need for increased joint train- is why I urge my colleagues to join pressive regime that currently denies ing so we can meet current and future Senators LUGAR, REED, and me in sup- them these fundamental freedoms. needs in Afghanistan. porting this amendment. Mr. President, 107 years ago, as the Integrated training, specifically for Mr. President I appreciate the chair- United States and those freedom fight- military and nonmilitary personnel man and ranking member’s assistance ers in Cuba who struggled mightily for participating in provincial reconstruc- on this amendment, as well as the more than a quarter of a century, by tion teams, PRTs, is ongoing, and the guidance I have received from Senator that time, to free themselves from the next course will be held later this LEAHY. yoke of colonialism, the United States month at Camp Atterbury in Indiana. I yield the floor and suggest the ab- and Cuba, after freeing Cuba from Still, this training will include only sence of a quorum. Spain, sat together to form the new about 25 nonmilitary personnel from The PRESIDING OFFICER. The Cuban Republic. And 107 years ago on a State and USAID, and it is not sched- clerk will call the roll. day like today, the United States ceded uled to recommence for 9 months, after The assistant legislative clerk pro- to the Cuban people their right to be many of our brave men and women ceeded to call the roll. an independent nation. have already left for the region. Mr. MARTINEZ. Mr. President, I ask It is amazing how nurtured and close- Especially given the increased need, unanimous consent that the order for ly bound the history of our Nation is this 9-month training cycle is woefully the quorum call be rescinded. with the history of the nation that saw

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5679 my birth. It is with that in mind that hurricanes just in my State of Florida flective part of the mirror start this unique role and the fact that only within a 6-week period. Those four hur- chunking off. a very small body of water, called the ricanes covered up the entire State. What about the kids who have res- Florida Straits, separates us, has cre- Then, of course, you remember the ac- piratory problems and their pediatri- ated this entangled web of history be- tive hurricane season of 2005, which cian is telling the parents: Get that tween these two nations that have so ended in the debacle in New Orleans, child out of the house. Well, where do much been a part of my life. with Hurricane Katrina and hitting the they go? As we look to the future, it is right Mississippi coast. Then along came I visited one single mother. She took that we continue to be the greatest sin- Hurricane Rita, which also hit the her child and moved in with her moth- gle beacon of hope, as these dissidents Texas coast as well as Louisiana. er. But she is still paying the mortgage expressed to President Obama, for In the aftermath of that, of course, payments. What about that other fam- those in Cuba who look for freedom, there was a lot of construction. One of ily down the street who did not have who look for the opportunity to have a the essential items in construction, family close by? They had to move out democratic government they can elect. even in the State of the esteemed rank- and rent a place. But they are still, be- Today the Cuban people continue to ing member of the Appropriations cause their mortgage company will not be ruled by the tyrannical hand of two Committee, is something known as work with them, having to pay the brothers who seized power in 1959 on drywall because you put up the studs in mortgage in order not to lose their January 1. That is a long time ago. a unit—let’s say a home—and you put house. Since that day until today, there has drywall on it, and that makes the What about the poor homebuilder? not been a legitimate election, there walls. The poor homebuilder is having trouble has never been the opportunity for the Drywall is usually made with gyp- enough as it is in the economy we are Cuban people to freely express them- sum, which is mined and produced in in with the sale of houses going down. selves without the fear of repression or America. It is actually a byproduct of The poor homeowner asks: Who is re- political prison. the mining of phosphate. On the out- sponsible for this? And maybe the Today there are dozens of Cuban peo- side of the gypsum they put something homebuilder is not even around be- ple who are in prison merely for ex- like a cardboard-thick paper, and that cause they might have gone bust be- pressing the ideas that this country becomes a drywall sheet that actually cause of the economy. So who does the has so nurtured over the time of its ex- is the facing of a wall. But because poor homeowner turn to? istence—freedom, democracy, and rule there was such a demand for this Well, I can tell you, a lot of those of law. It is with that hope that today drywall in the aftermath of those hur- homeowners are turning to their elect- I have come to the Senate floor to com- ricane years, they started importing ed officials. memorate this very important date on from China something known as Chi- The sad thing is we have people in the calendar in history that inter- nese drywall. dire need, and all of the pleas to the twines Cuba and the United States. Well, we think Chinese drywall is in Consumer Product Safety Commis- Mr. President, I yield the floor. as many as 100,000 homes in this coun- sion—which, by the way, drug their Mr. COCHRAN. Mr. President, I sug- try. Just in my State, the State of feet 2 and 3 years ago on defective toys gest the absence of a quorum. Florida, it may be in 36,000 to 50,000 coming in from China—they say even The PRESIDING OFFICER. The homes. though they have the legal authority— clerk will call the roll. Here is what is happening. People and they do—to impound this stuff, to The assistant legislative clerk pro- who live in homes with Chinese drywall freeze the assets of the distributing ceeded to call the roll. are getting sick. First of all, if you company of this stuff—they have the Mr. NELSON of Florida. Mr. Presi- enter the home—as I have, in several authority under existing law to stop dent, I ask unanimous consent that the homes in Florida—there is a pungent the importation of this Chinese order for the quorum call be rescinded. kind of smell that is something like drywall—they have refused thus far to The PRESIDING OFFICER. Without rotten eggs. For this Senator, whose do anything about it. objection, it is so ordered. respiratory system is very sensitive to Now, they did do this: They got with AMENDMENT NO. 1155 any of these things, once I was in there the EPA and the EPA did a test. The Mr. NELSON of Florida. Mr. Presi- for 5 or 10 minutes, suddenly I found EPA is releasing that test result, I be- dent, Senator LANDRIEU and I have my respiratory system choking up. lieve, today. That test result is show- filed an amendment that we hope the When you talk to these people whose ing that when they compared Chinese Appropriations Committee will accept homes have this Chinese drywall, sure drywall to American drywall—in the for $2 million to be appropriated, set enough, that is what is happening. But first chemical composition test—the aside for the Consumer Product Safety that is not what is only happening. difference from American drywall is Commission. Normally, copper tubing—whether it is that the Chinese drywall contains sul- You would wonder why a sum of part of the plumbing or whether it is fur; thus, the smell of rotten eggs; money of that size compared to the part of an air conditioner—as it gets strontium, which is some derivative, scope of the appropriations bills out old, it gets green. The bright shiny cop- possibly, of some kind of nuclear proc- here would need to have direction to per turns green. Not so in a home with ess; and elements found in acrylic the Consumer Product Safety Commis- Chinese drywall. It starts turning paint. Those are the results thus far. sion. Of course, I wonder the same black and crusty, and it starts deterio- Thus, we come to the amendment of thing because they have a budget that rating the coils on an air conditioner. Senator LANDRIEU and myself for $2 is certainly much more robust than it Mr. President, this is no kidding. million to the Consumer Product Safe- has been in the past as a result of the Some of those houses I visited have had ty Commission to go to the next test— Consumer Product Safety Commission to replace the coils in the air condi- which will take most of that $2 mil- authorization bill we passed last year. tioner three times. lion—and that is, to subject the Chi- Nevertheless, we have an emergency Or what about the house outside of nese drywall to conditions one finds in that has arisen with regard to a con- Bradenton, FL, that I went to, where a house—and now we are finding it in sumer product for which the Safety just a month before the elderly couple about 20 States, not just in the South— Commission Acting Chairman has said had gone on a trip to Cozumel, Mexico, subjecting it to the conditions of hu- they do not have enough money. So where they had bought for the wife a midity and the heat of the summer to Senator LANDRIEU and I are offering silver bracelet. They brought it back. see what gases are emitted so that doc- this amendment. It had been in the house a month, and tors can analyze this stuff as to how it Let me tell you what this consumer it had turned completely black. So, ob- is affecting the health of our people. threat is. On or about the years 2004– viously, you can see that something If you are a homeowner with this 2005, because of the high demand for has happened. Chinese drywall, this is no little emer- construction in the aftermath of two What about going into the bathroom? gency. The least we can do, even very active hurricane seasons—2004 and You have a mirror in the bathroom though the CPSC has drug its feet, is 2005—as a matter of fact, we had four and, suddenly, you start seeing the re- to give them the resources to go to

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5680 CONGRESSIONAL RECORD — SENATE May 20, 2009 that next step and make this addi- The Treasury Department has back- many employees. What is it going to tional test so we know what we are pedaled from any involvement in the save Chrysler to close Mr. Whatley’s dealing with to protect the health of decision to shut down auto dealers profitable dealership in Mineral Wells? our people. across the Nation. A recent Treasury I can’t even imagine, but it isn’t my Mr. President, I yield the floor. press release states: decision to make. However, I am going Mr. COCHRAN. Mr. President, I sug- As was the case with Chrysler’s dealer con- to say that I do think Mr. Whatley de- gest the absence of a quorum. solidation plan, the task force was not in- serves 60 days to have the orderly proc- The PRESIDING OFFICER. The volved in deciding which dealers or how ess that Treasury itself said they clerk will call the roll. many dealers were part of GM’s announce- would expect from the auto manufac- The legislative clerk proceeded to ment. turers. call the roll. An earlier press release from the I am worried about Mineral Wells Mrs. HUTCHISON. Mr. President, I Treasury said: when Mr. Whatley’s dealership is ask unanimous consent that the order The sacrifices by the dealer community closed, just as I am worried about com- for the quorum call be rescinded. alongside those of auto workers, suppliers, munities all over this country with The PRESIDING OFFICER. Without creditors, and other Chrysler stakeholders objection, it is so ordered. dealerships that are going to be arbi- are necessary for this company and the in- trarily closed. If they have 3 weeks to AMENDMENT NO. 1189 dustry to succeed. sell their inventory, what is that going Mrs. HUTCHISON. Mr. President, I I don’t think that is any kind of help to do to them and to the people who rise to talk about an amendment I for our dealers that are taking the risk have to go out and find jobs? I don’t have filed, amendment No. 1189. I am and the responsibility for all the costs think it is right. I think we should pass told the Democrats will object to my of their dealership. asking that it be pending, but I am my amendment. Before the closing announcements The reason I am offering it on this going to talk about it. I hope very were made, another Treasury press re- bill is because this is a bill that is much I will have the opportunity to lease regarding Chrysler Fiat, on April going to go through quickly, and this offer this amendment in regular order. 30, says: is a deadline that is coming very fast. As a right of a Senator, I hope that will It is expected that the terminated dealers be given. I don’t know why it is being If we can let those dealers know they will wind down their operations over time are going to have 60 days, at least, for objected to, but I would very much like and in an orderly manner. to speak on it. I hope I am not going to the orderly processing of their clo- However, Chrysler, in their notifica- sures, I am told by dealers this will be prohibited from the opportunity to tion to close 789 dealers on May 14— offer it, since I am on the floor in a help them immensely in that process, last Thursday—has given dealers until and it will not cost the taxpayers one timely manner trying to offer an June 9 to wind down. That is just over amendment, as we have been asked to dime—not one dime. 3 weeks—3 weeks. Chrysler determined I hope we will pass this amendment. do. that an orderly wind-down—an orderly The amendment I hope to call up is I hope the majority will allow this to manner—to sell all their inventory, amendment No. 1189. It is an amend- be brought up in the regular order. I sell all their parts, get rid of all their ment to try to help those automobile was told when I came to the floor that special equipment—3 weeks. dealers that have been notified, par- I would have the opportunity to offer My amendment simply states that no ticularly by Chrysler, with a deadline this amendment and get into the line funds shall be expended from the Treas- of June 9, and told they are going to for a record vote. I hope that will be ury to an auto manufacturer which has have to shut their doors of those deal- done, because we don’t have much time erships by June 9. They were given 3 notified a dealership that it will be ter- to help these dealers. With all the weeks’ notice. minated without providing at least 60 money we are putting into the auto- The President’s task force on the days for that dealership to wind down mobile manufacturers, and all of the auto industry has taken unprecedented its operations and sell its inventory. help we are giving to others affected by steps to negotiate with each of the af- Sixty days, that is what we are asking that industry, the ones who have been fected stakeholders to bring General for. left out are the auto dealers. Motors and Chrysler closer to sustain- We are not asking that any decisions I hope that giving them 60 days—2 able viability. I know Members of this be changed. It is not our place to do months—to shut down a business that body sincerely appreciate the enormity that. However, we are saying that with may have been in place for 25, 30, or 90 of their task; however, there are many all the taxpayer dollars that are going years is the least we can do in these growing concerns with their actions. into the automobile manufacturers, troubling times. We are taking some The group that has arguably taken the the road kill here is the auto dealer very different positions that we have biggest hit by their negotiations is the and they have done nothing that would never taken as a Senate because these auto dealers. be unbusinesslike. They have taken the are tough times, and sometimes that is Auto dealers are some of the biggest risks. They employ people in the com- necessary. But this is the least we can and best employers in our Nation, in munity. They pay the taxes in the do in fairness to a business that has small towns across my State and every community. Sometimes they are the done nothing to produce cars that State. Many of them are the largest largest employer in the community. won’t sell. It has done nothing that has employers in their entire counties. Yet they are given 3 weeks to close caused any of the financial problems of Auto dealers run a tough business. down their operations. If we are going General Motors, and I think they de- They assume a lot of risk. They pur- to help anyone in this country without serve a break that will not cost the chase the vehicles from the manufac- one taxpayer dollar going into it, it taxpayers a penny. turer. Each dealer is forced to move should be these auto dealers, by giving I am going to be here, and I will ask their product in order to make payroll, them 60 days to have an orderly proc- the majority to allow amendment No. to cover overhead, to pay property ess to close down their operations. 1189 to become pending right after the taxes, or close their doors, all of which I wish we could go further. I disagree votes that will occur very shortly. is no cost to the manufacturer. These with the decision to arbitrarily close Mr. President, I have another amend- are all dealer expenses. down profitable auto dealers. I wish to ment, and it is an amendment that I While I understand that if an auto give my colleagues an example. There hope will help all of the hospitals in dealer is forced to close their doors be- is a town in my State called Mineral this country that are giving medical cause the dealer is unable to make the Wells. In that town of less than 20,000 care on an emergency basis to illegal business profitable, of course, we can people is Russell Whatley, a Chrysler immigrants in our country get some understand that would be the choice of dealer, whose family has owned his reimbursement from the Federal Gov- the dealer and they would be closed. dealership for 90 years. It is the oldest ernment for those costs. But I don’t understand why General dealership in Texas. Russell doesn’t We have had in place funding—called Motors or Chrysler would arbitrarily sell 1,000 cars a year, but he has been section 1011 funding—for 5 years. I am shut down thousands of operating and profitable. He actively supports his only trying to extend this program so profitable dealers across our country. community. He has actively supported that all of the States that deal with

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5681 the growing problem of taxpayer dol- (4) The Speaker of the House of Represent- The legislative clerk proceeded to lars—that the hospitals that have to atives. call the roll. absorb these costs will be able to re- (5) The minority leader of the House of Mr. DURBIN. Mr. President, I ask coup some of those costs from the Fed- Representatives. unanimous consent that the order for (6) The Chairman and Ranking Member on eral Government. The program pro- the quorum call be rescinded. the Committee on Armed Services of the The PRESIDING OFFICER. Without vided $200 million over 5 years to help House of Representatives. hospitals and doctors recoup these (7) The Chairman and Vice Chairman of the objection, it is so ordered. costs. It was not 100 percent reimburse- Permanent Select Committee on Intelligence AMENDMENT NO. 1136 ment, I assure you. of the House of Representatives Mr. DURBIN. Mr. President, one of In my State of Texas, we had about (c) MATTERS TO BE INCLUDED.—Each report the amendments which is being dis- $600 million in uncompensated care in 1 submitted under subsection (a) shall include cussed and has been filed by the minor- the following: ity leader, Senator MCCONNELL of Ken- year, and we were able to obtain $50 (1) The name and country of origin of each million in reimbursement. That was a detainee at the detention facility at Naval tucky, relates to detainees at Guanta- little bit of help that helped many of Station Guantanamo Bay, Cuba, as of the namo. I am hoping we will have an op- the hospitals make it. These are eligi- date of such report. portunity to debate this amendment ble for any hospital in America. I hope (2) A current summary of the evidence, in- because I think it is an important we will be able to pass an amendment telligence, and information used to justify amendment, and I hope colleagues will on this bill to alleviate that situation. the detention of each detainee listed under pay close attention to it. It is not an I am told that the Finance Com- paragraph (1) at Naval Station Guantanamo amendment which is casual or incon- mittee is objecting to this amendment Bay. sequential. It is an amendment which because it is in their jurisdiction. You (3) A current accounting of all the meas- could have a very negative impact on ures taken to transfer each detainee listed know, I think it is incumbent upon the under paragraph (1) to the individual’s coun- our treatment of detainees who are Finance Committee to work with me try of citizenship or another country. guilty of crimes or involved in terrorist on this very important issue for all the (4) A current description of the number of activities. States in our country, because this is a individuals released or transferred from de- It is interesting that Senator MCCON- Federal problem, and it should not be tention at Naval Station Guantanamo Bay NELL has brought this amendment be- put on the local communities to foot who are confirmed or suspected of returning fore the body to be considered. It ap- the bill for emergency care that they to terrorist activities after release or trans- pears that when President Bush—the are required by Federal law to give, but fer from Naval Station Guantanamo Bay. previous President—announced that he not get reimbursement from the Fed- (5) An assessment of any efforts by al was closing Guantanamo, we didn’t eral Government. Qaeda to recruit detainees released from de- have this rush to the microphones on I hope the Finance Committee will tention at Naval Station Guantanamo Bay. the Republican side of the aisle and ob- (6) For each detainee listed under para- agree to work with me on that. I urge graph (1), a threat assessment that in- jecting. In fact, I don’t recall any ob- the majority to allow amendment No. cludes— jection from their side of the aisle 1189, which is filed and has no objec- (A) an assessment of the likelihood that when President Bush made that rec- tions, that I know of, to be in the next such detainee may return to terrorist activ- ommendation. set of votes. ity after release or transfer from Naval Sta- It is also interesting that during the I yield the floor. tion Guantanamo Bay; years the Guantanamo Detention Fa- The PRESIDING OFFICER. The Re- (B) an evaluation of the status of any reha- cility has been open the requests that publican leader is recognized. bilitation program in such detainee’s coun- are being made now of this President Mr. MCCONNELL. Mr. President, I try of origin, or in the country such detainee were not made of the previous Presi- suggest the absence of a quorum. is anticipated to be transferred to; and dent. All the suggestions that perhaps The PRESIDING OFFICER. The (C) an assessment of the risk posed to the there would be release of detainees clerk will call the roll. American people by the release or transfer of such detainee from Naval Station Guanta- from Guantanamo who may cause The legislative clerk proceeded to harm in some part of the world, those call the roll. namo Bay. (d) ADDITIONAL MATTERS TO BE INCLUDED suggestions weren’t made under the Mr. MCCONNELL. Mr. President, I IN INITIAL REPORT.—The first report sub- previous President. ask unanimous consent that the order mitted under subsection (a) shall also in- Literally hundreds of detainees at for the quorum call be rescinded. clude the following: Guantanamo have been released by The PRESIDING OFFICER. Without (1) A description of the process that was President Bush in the previous admin- objection, it is so ordered. previously used for screening the detainees istration. It was found that many of Mr. MCCONNELL. Mr. President, described by subsection (c)(4) prior to their would the regular order bring back release or transfer from detention at Naval them were either brought in with no amendment No. 1136? Station Guantanamo Bay, Cuba. charges that could be proved or once The PRESIDING OFFICER. It would. (2) An assessment of the adequacy of that investigation of the evidence was com- AMENDMENT NO. 1136, AS MODIFIED screening process for reducing the risk that menced, they learned there was noth- detainees previously released or transferred Mr. MCCONNELL. Mr. President, ing that could be established. They from Naval Station Guantanamo Bay would that is an amendment of mine, and I were released and returned to countries return to terrorist activities after release or of origin and other places around the send a modification to the desk. transfer from Naval Station Guantanamo The PRESIDING OFFICER. The reg- world—hundreds of them in that case. I Bay. don’t recall a single Republican Sen- ular order has been called for. (3) An assessment of lessons learned from The Senator has a right to modify previous releases and transfers of individuals ator, or any Senator for that matter, the amendment at this time. who returned to terrorist activities for re- coming to the floor and objecting to The amendment, as modified, is as ducing the risk that detainees released or the release of those hundreds of detain- follows: transferred from Naval Station Guantanamo ees from Guantanamo by President At the end of title III, add the following: Bay will return to terrorist activities after Bush. It happened. They did not object. SEC. 315. (a) REPORTS REQUIRED.—Not later their release or transfer. But now there is a new President and than 60 days after the date of the enactment (e) FORM.—Each report submitted under a new approach by the Republican side of this Act and every 90 days thereafter, the subsection (a), or parts thereof, may be sub- of the Senate. Senator MCCONNELL has President shall submit to the members and mitted in classified form. (f) LIMITATION ON RELEASE OR TRANSFER.— come forward with a proposal that committees of Congress specified in sub- calls on the President—not the Attor- section (b) a report on the prisoner popu- No detainee detained at the detention facil- lation at the detention facility at Naval Sta- ity at Naval Station Guantanamo Bay, Cuba, ney General but the President—to pro- tion Guantanamo Bay, Cuba. as of the date of the enactment of this Act vide detailed information about every (b) SPECIFIED MEMBERS AND COMMITTEES OF may be released or transferred to another detainee at Guantanamo—information country until the President— CONGRESS.—The members and committees of which has never been requested by pre- Congress specified in this subsection are the (1) submits to Congress the first report required by subsection (a); or vious Senators and the previous admin- following: istration. (1) The majority leader and minority lead- (2) certifies to the members and committees of Congress specified in subsection (b) I will make an exception to what I er of the Senate. just said. At one point, when the Bush (2) The Chairman and Ranking Member on that such action poses no threat to the mem- the Committee on Armed Services of the bers of the United States Armed Forces. administration was asked for the Senate. Mr. DURBIN. Mr. President, I sug- names of the detainees and their coun- (3) The Chairman and Vice Chairman of the gest the absence of a quorum. tries of origin, the Bush administration Select Committee on Intelligence of the Sen- The PRESIDING OFFICER. The objected and said it could compromise ate. clerk will call the roll. national security to release their

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5682 CONGRESSIONAL RECORD — SENATE May 20, 2009 names. That was the only request Why? Why in the world would we Do I feel less safe in Illinois—in made. It was denied. want to compromise any attempt at Springfield or Chicago—because of Now come the Republicans, with the prosecution? We don’t want to do that. that? No, because I know they are new Obama administration, with a Men and women—career prosecutors— being held by professionals in facilities brandnew outlook, and they want to are currently reviewing each of these that have a record of safely holding know everything about the detainees. cases to determine whether we can go these individuals. It is a long amendment. It goes on for forward with prosecution. The record The other side suggests if we put one five pages and a lot of detail here about of the previous administration is not of these Guantanamo detainees in a the detainees at Guantanamo. Basic in- very good when it comes to prosecuting U.S. prison, they will be on the street formation—name and country of ori- these detainees. President Obama has in a heartbeat. I can’t imagine that. gin, and it goes on for quite a while. said he wants to put that behind us and That is not going to happen. The Presi- Most of it, I think, may be salutary to deal with these people on an honest dent wouldn’t let it happen. Our Bu- and wouldn’t have a negative impact, basis. reau of Prisons wouldn’t let that hap- but there is one paragraph in par- I have listened to the statements pen either. ticular which I think is dangerous. It is that have been made on the floor by Then there is this other aspect. If we a request for information in the the Republican Senators who have decided at some point to prosecute a McConnell amendment of the President come forward with amendments. Many Guantanamo detainee in the courts of of the United States, and let me read of them clearly want to keep Guanta- the United States for a crime, some of what the request is. It is a request for namo open forever. They talk about a the language that has been brought to ‘‘a current summary of the evidence, $200 million state-of-the-art facility in us by the Republicans would make that intelligence, and information used to glowing terms. Well, I have been there, impossible. You know why. Well, one justify the detention of each detainee and I have seen it. I have seen the men amendment by the Senator from Geor- and women in uniform who toil there listed under paragraph (1) at Naval gia, Mr. CHAMBLISS, would not allow Station Guantanamo Bay.’’ each day under tough climate condi- the Attorney General to bring that per- Paragraph (1) refers to all the detain- tions. It gets pretty hot down there. I son from Guantanamo Naval Station ees in custody at Guantanamo. So what know they are working hard for their into the continental United States. Senator MCCONNELL is asking for is a country. But I think they know, and The amendment prohibits that. We summary of the evidence, intelligence, we know, that continuing Guantanamo couldn’t even bring them in to try and information justifying detention. is going to continue to deteriorate the them for a crime, couldn’t even bring This could compromise a prosecution reputation of the United States around them in to hold them accountable in a of a detainee. It could put us in a posi- the world—not because of what our soldiers and sailors and military have court of law for terrorism. tion where someone who truly is dan- Another amendment says we can’t done there, but simply because it has gerous cannot be prosecuted because of hold these prisoners in any U.S. prison this request for information by Senator become a symbol that is being used by facility. How do we try a person in the MCCONNELL. terrorists around the world to recruit United States and not at least, when Senator MCCONNELL wants, I guess, enemies against the United States. 535 Members of Congress to have a That is why President Bush called for they are not in trial, hold them in chance to read through the evidence, the closure of Guantanamo, and that is some prison facility? That is just com- intelligence, and information about why President Obama has done the mon sense. The person is dangerous. each detainee. Well, some of that may same thing. Yet the Republican plat- They are, of course, detained in a se- be classified; some may not. Even the form now seems to be ‘‘Guantanamo cure facility during the course of the information that is classified may forever.’’ They have built this platform trial. Some of the Republican amend- leak, with 535 Members of Congress and on fear—fear that somehow this admin- ments would make that impossible. I don’t understand what they are other staff people. Do we want to run istration would be so negligent that it the risk of jeopardizing the prosecution would release terrorists into the headed to. I think they want to keep of someone who is a danger to the United States, into the communities this Guantanamo facility, as we have United States to satisfy the curiosity and neighborhoods of this country. known it, open forever, without resolu- of a Senator? I don’t think so. Nothing could be further from the tion of the people who are there. That Secondly, once this has been pre- truth. Not this President, or any Presi- is fundamentally unfair. I have said on sented, if Senator MCCONNELL has his dent I can recall of either political the floor of the Senate before, and it is way, then there is a very real possi- party, would ever find themselves in a worth repeating, that there are people bility that should someone—a known position to jeopardize the safety of this being held at Guantanamo for whom terrorist—be brought to the United country by releasing detainees who there are no charges. I know one per- States, or any other place for trial would be dangerous to the United son in particular who is being rep- under the laws of the United States, States. resented by a pro bono lawyer in Chi- they could, in fact, ask—as they do in But this fear mongering is what has cago. This man has been held for 7 ordinary criminal cases—for the pres- been the basis for their position on the years at Guantanamo. Originally, he entation of all the evidence the State other side of the aisle when it comes to was from Gaza in the Middle East. has against them, which would include the security of the United States. There was a report that he was dan- this document, which would include Those who are arguing that we can- gerous. With that report, he was ar- not only the evidence, intelligence, and not safely hold a terrorist in the pris- rested, taken to Guantanamo, and information, but quite possibly the ons of America—that is the argument; held. After 6 years, he was notified work product of the prosecutors who don’t let a detainee from Guantanamo there were no charges against him; he are holding this detainee. ever be considered for a jail or prison of would be free to go if he could figure We could not only compromise his the United States—have overlooked out where to go. And that has been the prosecution, we could end up with a the obvious. Currently, we have 208 in- problem. He has been waiting for a ‘‘not guilty’’ of someone who is dan- mates in the Bureau of Prison facilities year for permission to return to Gaza. gerous to the United States simply to of the United States who are sentenced He is now 26 years old. From the age of satisfy the curiosity of a Senator who to international terrorism—208 already 19 to 26 he has been sitting in Guanta- files this amendment. I think that goes there; 66 U.S. citizens, 142 non-U.S. namo. Guantanamo forever? For him, too far. I can’t believe that it is in the citizens. In addition to that, 139 in- it must feel like forever. best interests of the safety of this mates in our U.S. Bureau of Prisons It is about time that we mete out country for us to allow this McConnell have been sentenced for domestic ter- justice. For those being held unfairly, amendment to pass and to require the rorism; 137 U.S. citizens and 2 non-U.S. they should be released. For those President to provide to Senator citizens. Do the math. That is 347 peo- where there are no charges, we should MCCONNELL a current summary of the ple who have been convicted of ter- acknowledge that and return them as evidence, intelligence, and information rorism, international and domestic, quickly and safely as possible. For used to justify the detention of each currently being held in the prisons of those who are a danger to the United detainee. the United States. States, we should continue to detain

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5683 them so they never pose a hazard to The PRESIDING OFFICER. The billion. It is up to $120 billion. Even our country. For those who can be clerk will call the roll. more, we still do not have operational tried, let’s try them before our courts The bill clerk proceeded to call the vehicles. So, very appropriately, the of law. roll. Secretary of Defense announced that President Obama is going through Mr. MCCAIN. Mr. President, I ask he would be eliminating much of this that arduous, specific process now on unanimous consent that the order for program to try to get the costs under each one of these detainees. While his the quorum call be rescinded. control. administration is working to clean up The PRESIDING OFFICER. Without I would like to say a word about the this mess that he inherited from the objection, it is so ordered. Secretary of Defense, who has agreed previous administration, the Repub- f to continue to serve this country under licans in the Senate are doing everyone of the most difficult and trying po- WEAPON SYSTEMS ACQUISITION thing they can to block his way and sitions one can have in Government. REFORM ACT OF 2009—CON- make it impossible for him to resolve The Secretary of Defense has an- FERENCE REPORT the situation at Guantanamo. nounced, I think very appropriately, I would say the McConnell amend- Mr. MCCAIN. Mr. President, the ma- that we would be reducing and elimi- ment, page 3, paragraph (2), is a dan- jority leader requested that I begin the nating some programs that have maybe gerous amendment. It is an amendment discussion on the conference report for had a good reason for a beginning but that could compromise the ability of the Weapon Systems Acquisition Re- certainly have had such incredible cost the United States of America to pros- form Act of 2009. We await the presence overruns that they no longer are a ecute those who could be a danger to of the chairman of the Armed Services worthwhile expenditure of the tax- our country. Why would we possibly do Committee. I begin by thanking him payers’ dollars. that? for his leadership, his really non- Early in the first couple of weeks of I urge my colleagues, if I am not partisan addressing of this compelling the new administration, a group of us given the authority under the rules of issue. attended a gathering. The President of the Senate to strike that paragraph, to The last time I was on the floor, I the United States and I had an ex- oppose this amendment. talked a lot about the terrible cost change about the Presidential heli- Mr. President, I yield the floor, and I overruns that were associated recently copter. Some years ago, we decided the suggest the absence of a quorum. with literally every new weapon sys- Presidential helicopter, which is 30 The PRESIDING OFFICER. The tem we have acquired. When I tell some years old, needed replacement. We fi- clerk will call the roll. of my constituents and friends, they nally reached a point where we had not The assistant legislative clerk pro- are staggered by the numbers—a small built one completely yet, and it was ceeded to call the roll. littoral combat ship that is supposed to more than the cost of Air Force One— Mr. DURBIN. Mr. President, I ask cost $90 million ends up costing $400 you cannot make that up; it is hard to unanimous consent the order for the million and has to be scrapped; air- believe—as one technological change quorum call be rescinded. planes costing, depending on how you after another was piled on, to the point where neither the President nor the The PRESIDING OFFICER (Mr. BEN- look at it, half a billion dollars each. Secretary of Defense felt it was worth NET). Without objection, it is so or- Working together on both sides of dered. the aisle, and under the leadership of the cost. The President does need a Mr. DURBIN. Mr. President, what is Chairman LEVIN, we have come up with new helicopter. We need to embark on that effort. But what we just went the business pending before the Sen- legislation that has gone through the through should be an object lesson, and ate? Congress rather rapidly. we should learn from the lessons and The PRESIDING OFFICER. The I would also like to say that the President of the United States called cost overruns. McConnell amendment No. 1136. I note the presence of the distin- AMENDMENT NO. 1199 TO AMENDMENT NO. 1136 us, Members of the House, leaders of the Armed Services Committees, to the guished chairman of the Armed Serv- Mr. DURBIN. I have sent an amend- ices Committee in the Chamber. I ment to the desk. I ask the clerk to re- White House, where we pledged our support and our rapid addressing of again thank him for his leadership. port the amendment. I yield the floor. The PRESIDING OFFICER. The this challenge. The PRESIDING OFFICER. The Sen- clerk will report. The only thing more important than ator from Michigan. The bill clerk read as follows: the substance of this conference report Mr. LEVIN. Mr. President, I am is the demonstration of bipartisanship The Senator from Illinois [Mr. DURBIN] pleased to join with Senator MCCAIN in proposes an amendment numbered 1199 to that went into how the underlying bills bringing to the floor the Weapon Sys- amendment No. 1136. were created and guided through the tems Acquisition Reform Act. We in- On page 3, strike lines 1–4 and insert the legislative process. troduced this bill. We did it on Feb- following: As I said, I know the chairman of the ruary 23, I believe, and we did it to ad- (2) A current summary of the evidence, in- committee is going to be here shortly, dress some of the problems in the per- telligence, and information used to justify and he will discuss many of the specific formance of the Department of Defense the detention of each detainee listed under aspects of this bill. But it does empha- paragraph (1) at Guantanamo Bay. major defense acquisition programs at size starting major weapons systems a time when growth and cost overruns Mr. DURBIN. Mr. President, I sug- off right by having those systems ob- on these programs have simply reached gest the absence of a quorum. tain reliable and independent cost esti- levels which are unaffordable, The PRESIDING OFFICER. The mates and subjecting them to rigorous unsustainable, and unconscionable, in clerk will call the roll. developmental testing and systems en- some cases. Since that time, the bill The bill clerk proceeded to call the gineering early in their acquisition has made rapid legislative progress. roll. cycle. It does a lot of things. As I say, I thank Senator MCCAIN for all he Mr. DURBIN. Mr. President, I ask Senator LEVIN will enumerate many of has done. This was a bipartisan effort. unanimous consent the order for the them. Our colleagues on the Armed Services quorum call be rescinded. What we are trying to do is address a Committee worked out the differences The PRESIDING OFFICER. Without process where there is a need for a that existed, and we unanimously rec- objection, it is so ordered. weapon system which takes years to ommended it to the Senate. But the AMENDMENT NO. 1199 WITHDRAWN develop. Technical changes are incor- magnitude of this problem is such that Mr. DURBIN. Mr. President, I would porated time after time in a desire— we must move quickly on it. The Presi- like to withdraw the pending amend- and a laudable one—to reach 100 per- dent has asked us to get the bill to his ment I just filed. cent perfection. But then the cost over- desk by Memorial Day, and it is our The PRESIDING OFFICER. The runs grow and grow. hope we will be able to do that. amendment is withdrawn. The Future Combat Systems, an On May 7, the bill passed the Senate Mr. DURBIN. Mr. President, I sug- Army innovation to address conflicts unanimously. A week later, a com- gest the absence of a quorum. of the future, was supposed to cost $90 panion bill passed the House. We

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5684 CONGRESSIONAL RECORD — SENATE May 20, 2009 worked out the differences between the Seventh, we require regular program conference report to accompany S. 454. Senate and the House in record speed. reviews and root cause analyses to ad- The report will be stated. The ability to do this was based on the dress developing programs in acquisi- The bill clerk read as follows: working relationship which has been tion programs. The committee of conference on the dis- built up here. We work on a bipartisan Finally, we establish tough new agreeing votes of the two Houses on the basis in the Armed Services Com- Nunn-McCurdy requirements, so- amendment of the House to the bill (S. 454) mittee. We work on a bicameral basis called. We put teeth in the Nunn- to improve the organization and procedures with the House and the Senate. When McCurdy approach. We establish a pre- of the Department of Defense for the acquisi- sumption of program termination and tion of major weapon systems, and for other it comes to issues of national security, purposes, having met, after full and free con- particularly, we are able to act so the requirement that continuing pro- ference, have agreed to recommend and do quickly. grams be justified from the ground up recommend to their respective Houses this I publicly thank not only Senator to ensure we do not throw good money report, signed by a majority of the conferees. MCCAIN, as I have, and colleagues of after bad on failing programs. If a pro- The PRESIDING OFFICER. The Sen- ours on the Armed Services Com- gram is failing, now it is too easy to ate will proceed to the consideration of mittee, but also Chairman IKE SKELTON get by the Nunn-McCurdy test of con- the conference report. and JOHN MCHUGH of the House Armed tinuing a program. It is going to be a (The conference report is printed in Services Committee. lot harder to jump that hurdle should the House proceedings of the RECORD of This is a tremendously important programs be failing in the middle or today, May 20, 2009.) bill. It has major reforms. It is going to costing a lot more or taking a lot Ms. COLLINS. Mr. President, the address some of the most persistent un- longer. Weapon Systems Acquisition Reform derlying problems we have had that led So we have a strong bill. It is going Act of 2009 would strengthen and re- to the failure of defense acquisition to help change the acquisition culture form the Department of Defense acqui- programs. What are those problems? of the Department of Defense, and it is sition processes by bringing increased The Department relies too often on un- going to point our acquisition system accountability and transparency to reasonable cost and schedule esti- in the direction it needs to go. We hope major defense acquisition programs. mates. Second, too often the Depart- Members of the Senate will join us in Simply put, the bill would build dis- ment insists on unrealistic perform- supporting this effort and send the bill cipline into the planning and require- ance expectations. Third, the Depart- to the President for his signature. ments process, keep projects focused, Our staff has done extraordinary ment too often uses immature tech- help prevent cost overruns and sched- work, particularly Peter Levine and nologies. Fourth, too often the Depart- ule delays, and ultimately save tax- Creighton Greene on my staff, and ment adopts these very costly changes payer dollars. Chris Paul and Pablo Corrillo on Sen- to program requirements, to produc- I would like to thank Senators CARL tion quantities, and to funding levels ator MCCAIN’s staff. And, again, I LEVIN and JOHN MCCAIN, and Rep- right in the middle of the ongoing pro- thank all Members and the leadership resentatives IKE SKELTON and JOHN gram. for bringing this bill, pushing it along, MCHUGH for their work on this impor- The conference report I hope we will and giving us the encouragement and tant issue and their continued efforts be able to consider in the next few min- support that is so essential to get a bill to improve procurement at the Depart- utes is going to address these problems of this magnitude to the floor of the ment of Defense. I was proud to join in the following ways: Senate in record time. First, we provide for a strong new Mr. President, I yield the floor, and I Senators LEVIN and MCCAIN in co-spon- Senate-confirmed Director of Cost As- suggest the absence of a quorum. soring this bill in the Senate. sessment and Program Evaluation. The PRESIDING OFFICER. The This legislation would improve That person is going to report directly clerk will call the roll. DOD’s planning and program oversight to the Secretary of Defense to ensure The legislative clerk proceded to call in many ways. First, the bill would cre- that defense acquisition programs are the roll. ate a new Senate-confirmed Director of based on sound cost estimates. The Mr. DURBIN. Mr. President, I ask Independent Cost Assessment and Pro- independence of that office is new, and unanimous consent that the order for gram Evaluation to be the ‘‘principal it is essential. That person goes di- the quorum call be rescinded. cost estimation official’’ at the Depart- rectly to the Office of the Secretary of The PRESIDING OFFICER. Without ment. Defense, not as the situation is now objection, it is so ordered. The bill also mandates that the De- where there is a level of bureaucracy Mr. DURBIN. Mr. President, I ask partment carefully balance cost, sched- between the cost estimator and asses- unanimous consent that the Senate ule, and performance as part of the re- sor and the Secretary of Defense. now proceed to the conference report quirements development process, build- Second, we require the Department to accompany S. 454 and vote imme- ing discipline into the procurement to rebuild systems engineering and de- diately on adoption of the conference process long before a request for pro- velopmental testing organizations and report; that upon adoption of the con- posals is issued or a contract is award- capabilities which have been almost ference report, the Senate then resume ed. dismantled or reduced significantly. consideration of H.R. 2346 and the I applaud the ‘‘bright lines’’ this leg- We want to ensure that design prob- McConnell amendment No. 1136, as islation would establish regarding or- lems are understood and addressed modified by the Levin language to the ganizational conflicts of interest by early in the process. McConnell amendment, with the time DOD contractors. These reforms would Third, we establish mechanisms to equally divided and controlled between strengthen the wall between govern- ensure early tradeoffs are made be- Senators MCCONNELL and DURBIN or ment employees and contractors, help- tween cost, schedule, and performance their designees; that upon disposition ing to ensure that ethical boundaries objectives so that we do not over- of the McConnell amendment, the Sen- are respected. While contractors are commit to what the Secretary of De- ate then proceed to vote in relation to important partners with military and fense has called ‘‘exquisite’’ program the Brownback amendment No. 1140, as civilian employees at DOD, their roles requirements. modified; that prior to the first and and responsibilities must be well de- Fourth, we require the increased use third vote, there be 2 minutes of debate fined and free of conflicts of interest as of competitive prototyping so that we equally divided and controlled in the they undertake their critical work sup- select the best systems and prove they usual form; that after the first vote in porting our Nation’s military. can work before we start building this sequence, the succeeding votes be I appreciate the conferees including them. 10 minutes in duration, with no amend- an amendment that I offered on the Fifth, we establish new requirements ments in order to the amendments in floor with Senator CLAIRE MCCASKILL for continuing competition. this agreement. regarding earned value management, Sixth, we address the problem of or- The PRESIDING OFFICER. Without EVM. EVM provides important visi- ganizational conflicts of interest to en- objection, it is so ordered. bility into the scope, schedule, and cost sure we get the best possible results Under the previous order, the Senate of a program in a single integrated sys- out of the defense industry. will proceed to the consideration of the tem, and when properly applied, EVM

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5685 can provide an early warning of per- a program before allowing it to go for- Burris Hutchison Nelson (NE) formance problems. ward. Cantwell Inhofe Nelson (FL) Cardin Inouye Pryor GAO has observed that contractor re- It builds in additional checkpoints to Carper Isakson Reed porting on EVM often lacks consist- help make sure that programs are Casey Johanns Reid ency, leading to inaccurate data and ready on time. Chambliss Johnson Risch Coburn Kaufman faulty application of the EVM metric. It enhances the R&D capabilities at Roberts Cochran Kerry Sanders In other words, garbage in, garbage the Department of Defense. Numerous Collins Klobuchar Schumer out. studies have found that the R&D capa- Conrad Kohl Sessions Corker Kyl The conference report would require Shaheen bilities of the Army, Navy, and Air Cornyn Landrieu Shelby that the Department of Defense issue Force are in desperate need of Crapo Lautenberg Snowe an implementation plan for applying DeMint Leahy strengthening. Specter EVM consistently and reliably to all It requires defense contractors to Dodd Levin Dorgan Lieberman Stabenow projects that use this project manage- build a strong wall between their R&D Durbin Lincoln Tester ment tool. and construction offices when both of- Ensign Lugar Thune The implementation plan would also fices work on the same defense project. Enzi Martinez Udall (CO) provide enforcement mechanisms to Feingold McCain Udall (NM) Finally, it gives combatant com- Feinstein McCaskill Vitter ensure that contractors establish and manders more authority to procure Gillibrand McConnell Voinovich use approved EVM systems and require products that meet the immediate Graham Menendez Warner DOD to consider the quality of the con- needs of troops in theater. Grassley Merkley Webb Gregg Mikulski Whitehouse tractor’s EVM systems and reporting Secretary Gates has been rightly Hagan Murkowski Wicker in the past performance evaluation for frustrated with the inability of the reg- Harkin Murray Wyden a contract. With improved EVM data ular procurement process to field NOT VOTING—4 quality, both the government and the equipment, like MRAPs, that are need- Byrd Kennedy contractor will be able to improve pro- ed immediately by troops on the Hatch Rockefeller gram oversight, leading to better ac- ground. This legislation will help The conference report was agreed to. quisition outcomes. change that. Mr. DURBIN. I move to reconsider The conference report would I commend Senators LEVIN and the vote by which the conference re- strengthen the Department’s acquisi- MCCAIN for their leadership in devel- port was adopted. tion planning, increase and improve oping this thoughtful and needed legis- Mr. MENENDEZ. I move to lay that program oversight, and help prevent lation. I look forward to its being motion on the table. contracting waste, fraud, and mis- signed into law by President Obama. The motion to lay on the table was management. Ultimately, it will help The PRESIDING OFFICER. There is agreed to. ensure that our military personnel now 2 minutes of debate equally di- have the equipment they need, when vided prior to a vote on the adoption of f they need it, and that tax dollars are the conference report. not wasted on programs that were Mr. LEVIN. Mr. President, both Sen- SUPPLEMENTAL APPROPRIATIONS doomed to fail. ator MCCAIN and I spoke on this mat- ACT, 2009—Continued Mr. DURBIN. Mr. President, the ter. I ask unanimous consent to yield AMENDMENT NO. 1136 Weapons Systems Acquisition Reform back all remaining time. I think I can The PRESIDING OFFICER. Under Act of 2009 takes steps in the right di- do this with the consent of Senator the previous order, the Senate will re- rection to reform the way the Depart- MCCAIN. sume consideration of H.R. 2346, and ment of Defense buys major weapons The PRESIDING OFFICER. Without there will be 10 minutes of debate prior systems. objection, it is so ordered. When it comes to these multi-billion- to a vote in relation to amendment No. The question is on agreeing to the 1136 offered by the Senator from Ken- dollar systems, the challenges of man- conference report. aging acquisitions are tremendous. tucky, Mr. MCCONNELL. Mr. LEVIN. Mr. President, I ask for The Senator from Illinois. Officials at the Department of De- the yeas and nays. fense manage 96 major defense acquisi- Mr. DURBIN. Mr. President, I urge The PRESIDING OFFICER. Is there a my colleagues to take a close look at tion programs—the Department’s most sufficient second? expensive programs. Senator MITCH MCCONNELL’s amend- There appears to be a sufficient sec- ment, which is next up to be consid- Each program costs hundreds of mil- ond. lions of dollars to research and develop ered. Particularly, I ask you to turn to The clerk will call the roll. page 3 of this amendment. You will and billions of dollars more to pur- The bill clerk called the roll. chase. Together, these programs ac- find in the first paragraph on page 3 a Mr. DURBIN. I announce that the troubling requirement which Senator count for $1.6 trillion in defense spend- Senator from West Virginia (Mr. ing. MCCONNELL will make of this adminis- BYRD), the Senator from Massachusetts These major defense acquisition pro- tration. (Mr. KENNEDY), and the Senator from grams have seen a shocking growth in What Senator MCCONNELL is asking West Virginia (Mr. ROCKEFELLER) are is that 60 days from the passage of this cost. Over the last 20 years, the costs of necessarily absent. these programs have ballooned by $296 bill and every 90 days thereafter, the I further announce that if present President of the United States provide billion. and voting, the Senator from West Vir- Costs especially exploded during the to Members of the Senate and the ginia (Mr. ROCKEFELLER), would vote previous administration. Since 2003, House: ‘‘yea.’’ the cost of major defense acquisition a current summary of the evidence, intel- Mr. KYL. The following Senator is programs rose by $113 billion. ligence, and information used to justify the necessarily absent: the Senator from The Weapons Systems Acquisition detention of each detainee listed under para- Utah (Mr. HATCH). Reform Act of 2009 takes important graph (1) at Naval Station Guantanamo Bay. The PRESIDING OFFICER. Are there steps to bring this spending under con- It is not enough for Senator MCCON- any other Senators in the Chamber de- trol, without compromising on the NELL to ask for the identity of these siring to vote? quality of the systems purchased. people, the countries they are from, The result was announced—yeas 95, This is not the first time Congress the likelihood they will be transferred nays 0, as follows: has tried to reform the defense acquisi- to some other place, the likelihood tion process. Nor will it likely be the [Rollcall Vote No. 197 Leg.] they might be engaged in terrorism, he last. But it is an important step at a YEAS—95 is asking for the President to disclose critical time. Akaka Begich Boxer the work product of the prosecutors The legislation would create an inde- Alexander Bennet Brown who are holding these detainees and de- Barrasso Bennett Brownback pendent director of cost assessment Baucus Bingaman Bunning termining whether a criminal case can who would verify the estimated cost of Bayh Bond Burr be brought against them. For what

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5686 CONGRESSIONAL RECORD — SENATE May 20, 2009 earthly purpose? Why would we pos- entirely successful at keeping detain- ous. This is false. The administration sibly want to jeopardize the prosecu- ees from rejoining the fight after reha- says it already has begun its review of tion of someone who may be guilty of bilitation. detainees. My amendment simply asks terrorism or a crime threatening the This is a simple amendment that re- that it share with us the details of that United States? To satisfy our curi- flects the concerns that Americans review. Subsequent reports would be osity? I think it is a mistake. have about the danger of releasing ter- made on a quarterly basis, which is I will tell my colleagues, if it is sent rorists, either here or in their home hardly onerous, particularly given the to us even in classified form, it might countries, where they could then, of gravity of the issue. be leaked. In addition, if a trial should course, return to the fight. Until now, Americans would like to have assur- follow, one of the first discovery mo- the administration has offered vague ance that the President’s arbitrary tions from any defendant is this infor- assurances—quite vague assurances— deadline to close Guantanamo by next mation: Judge, if the President can that it will not do anything to make January will pose no threat to them- share this information with 535 Mem- Americans less safe. This amendment selves or their families. In fact, just bers of Congress, the defendant should says Americans expect more than a today—this very day—FBI Director be able to see the information as well. vague assurance, and it would require Mueller testified before a House Judici- Why would we possibly want to jeop- it. ary Committee about his concerns that ardize a prosecution to satisfy the curi- Some have argued such a reporting detainees who are currently held at osity of the Senator from Kentucky, or requirement would reveal classified in- Guantanamo could present a serious any Senator for that matter? formation. We just heard the Senator risk not only upon transfer to their This paragraph should have been from Illinois say that. Nothing could home countries but even upon transfer stricken. The rest of it you may find be further from the truth. It would to maximum security prisons in the good or bad, but this is a dangerous simply require the administration to United States. He cited concerns for paragraph. share this information with a very lim- their ability to radicalize others and to I reserve the remainder of my time. ited, specific group in Congress with conduct terrorist operations. The PRESIDING OFFICER. The Re- relevant oversight responsibilities As to the latter, he cited gang lead- publican leader is recognized. which already has access to the most ers who have been able to run their Mr. MCCONNELL. Mr. President, it is classified information imaginable—the gangs from prison as proof that terror- my understanding that earlier in the very same people who already have ac- ists could—I will continue on leader day my good friend from Illinois was cess to this information. time, Mr. President. suggesting that I had been a Johnny- Some have said a reporting require- The FBI Director just today cited the come-lately on the issue of Guanta- ment isn’t necessary. This is also false. following: The possibility that gang namo. So I would like to remind my First, because we know the recidivism leaders who have been able to run their colleagues that I offered an amend- rate of detainees who weren’t even con- gangs from prison as proof that terror- ment 2 years ago right here on the sidered a serious threat—this is the ists could do the same. Imagine that. floor of the Senate that passed 94 to 3 people they let go because they didn’t Terrorists in a prison in your home opposing bringing people at Guanta- think they were a serious threat—12 State organizing other prisoners. namo to the United States, and I be- percent of them have gone back to the The Director of the FBI has access to lieve my good friend from Illinois was fight. It is perfectly clear we need to classified information. We recognize not among the 3. know whether any of the current de- him as one of our Nation’s top law en- I would also remind him that I dif- tainees who may be released in the fu- forcement officials. He is someone who fered with the opinion of the previous ture pose a similar or even greater should be taken seriously. That is what President that Guantanamo ought to threat of returning to the battle. More- he said today. be closed. I don’t think it ought to be over, a reporting requirement has prov- Americans don’t want terrorists plot- closed; I think it ought to be left open. en to be necessary by the simple fact ting attacks against us anywhere. I also have differed with other Repub- that the administration has been so re- They certainly don’t want them doing licans on our side who have believed luctant to share any details whatso- so in our backyards or down the road in that Guantanamo ought to be closed, ever about its plans for the inmates at the local prison. And Americans don’t but none of them have said: Until you Guantanamo. want terrorists whom we release at- have a game plan for what to do with Senator SESSIONS, the ranking mem- tacking our service men and women them. ber of the Judiciary Committee, has overseas. That is why the administra- We had the vote earlier today, with made at least two formal requests for tion should be required to let us know only six Senators dissenting on this information from the Attorney Gen- whether any terrorists released or Guantanamo issue and about whether eral: First, in a letter of April 2 and, transferred from Guantanamo pose a there would be money not only in this second, in a letter of April 4. To this risk to our military servicemembers bill but in any other bill spent for the day, Senator SESSIONS has not received overseas. That is what my amendment purpose of bringing these detainees to a reply to either one. If the administra- would do. the United States. tion isn’t willing to share information With all due respect to my friend Now let’s talk about what this on these terrorists voluntarily, except, from Illinois, any other characteriza- amendment does—the one the Senator of course, with those folks in Europe, tion of it, I must suggest, would be in- from Illinois was just describing incor- then Congress will have to require it accurate. rectly, in my view. My amendment through the kind of legislation my I urge the approval of the amend- calls on the administration to share its amendment represents. ment. findings with Congress in a classified Some have argued this reporting re- Mr. DURBIN. Mr. President, how report—a classified report—that would quirement would also hinder prosecu- much time remains? indicate the likelihood of detainees re- tions by making evidence public. We The PRESIDING OFFICER. The Sen- turning to terrorism—we know many just heard that from my good friend ator has 21⁄2 minutes. of them have been doing that—the like- from Illinois. This is also false for rea- Mr. DURBIN. Mr. President, I won’t lihood of their returning to terrorism. sons I have already enumerated. It dwell on the double standard. I won’t It would also report on any effort al- would only require a summary of the dwell on the fact that when President Qaida might be making to recruit de- administration’s findings, and the sum- Bush suggested Guantanamo be closed, tainees once they are released from mary would only have to be shared I don’t recall a single Republican Sen- U.S. custody. The last requirement is with a small group—a very small ator—certainly not Senator MCCON- particularly important, given that group—of Members in a classified set- NELL or those who have spoken re- many of the remaining 240 detainees at ting. This has never disrupted prosecu- cently—objecting. I won’t dwell on the Guantanamo are from Yemen, which tions in the past. It will not disrupt fact that when there were releases of has no rehabilitation program to speak prosecutions in the future. hundreds of detainees from Guanta- of, and from Saudi Arabia which has a Some have further suggested that a namo, there was no requirement of an rehab program but which hasn’t been reporting requirement would be oner- accounting by the Republican side of

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5687 the aisle about these people and where Further, if present and voting, the this experience and it was unpleasant. Let they were headed. I certainly won’t Senator from Utah (Mr. HATCH) would someone else have it. argue the double standard that this have voted ‘‘yea.’’ I think we need to consult with the President has stepped forward and said The PRESIDING OFFICER. Are there local communities and let them speak. he will come forward with a plan in de- any other Senators in the Chamber de- That is why I urge a unanimous vote in tail of how to do this in a responsible siring to vote? favor of this sense-of-the-Senate way. The result was announced—yeas 92, amendment. Does anyone in this Chamber seri- nays 3, as follows: The PRESIDING OFFICER. Who ously believe President Obama would [Rollcall Vote No. 198 Leg.] yields time? release a terrorist into their commu- YEAS—92 The Senator from Hawaii is recog- nity, into their neighborhood? Can you Akaka Enzi Merkley nized. really say that with a straight face? I Alexander Feingold Mikulski Mr. INOUYE. Mr. President, I am for don’t think you can. The American Barrasso Feinstein Murkowski it. people know better. This President is Baucus Gillibrand Murray I yield back the remainder of my Bayh Graham responsible. Like every President, he Nelson (NE) time. wants to protect us, and to suggest Begich Grassley Nelson (FL) Bennet Gregg Pryor The PRESIDING OFFICER. All time otherwise is not responsible. Bennett Hagan Reed is yielded back. The Senator from Kentucky has dis- Bingaman Harkin Reid Mr. BROWNBACK. Mr. President, I cussed many things today. He has Bond Hutchison Risch Boxer Inhofe ask for the yeas and nays. Roberts failed to note that we currently have in Brown Inouye Sanders The PRESIDING OFFICER. Is there a U.S. prisons 347 inmates being held for Brownback Isakson Schumer sufficient second? There is a sufficient terrorism. Currently, in your Federal Bunning Johanns Sessions second. prison in your State in your backyard, Burr Johnson Cantwell Kaufman Shaheen The question is on agreeing to the in your neighborhood, according to the Cardin Kerry Shelby Snowe amendment. Senator from Kentucky, 347 convicted Carper Klobuchar The clerk will call the roll. terrorists are in our prisons today—not Casey Kohl Specter Stabenow The assistant legislative clerk called at Guantanamo, in our prisons. Chambliss Kyl Coburn Landrieu Tester the roll. I will get back to the bottom line. Cochran Lautenberg Thune Mr. DURBIN. I announce that the Why in the world would we jeopardize Udall (CO) Collins Levin Senator from West Virginia (Mr. the prosecution of any detainee at Conrad Lieberman Udall (NM) Guantanamo with the requirement of Corker Lincoln Vitter BYRD), the Senator from Massachusetts Voinovich the McConnell amendment that the Cornyn Lugar (Mr. KENNEDY), and the Senator from Crapo Martinez Warner West Virginia (Mr. ROCKEFELLER) are President disclose evidence, intel- DeMint McCain Webb ligence, and information to justify the Dodd McCaskill Whitehouse necessarily absent. detention of the detainee? It is far bet- Dorgan McConnell Wicker Mr. KYL. The following Senators are ter for us not to request that informa- Ensign Menendez Wyden necessarily absent: the Senator from tion and successfully prosecute that NAYS—3 Utah (Mr. HATCH) and the Senator from person than to satisfy the curiosity of Burris Durbin Leahy Oklahoma (Mr. COBURN). Further, if present and voting, the the Senator from Kentucky. NOT VOTING—4 I yield the floor. Senator from Utah (Mr. HATCH) would Mr. MCCONNELL. Mr. President, I Byrd Kennedy have voted ‘‘yea.’’ Hatch Rockefeller wish to retain some of my leader time The PRESIDING OFFICER. Are there for rebuttal. The amendment (No. 1136), as modi- any other Senators in the Chamber de- Let me just use a moment of my fied, was agreed to. siring to vote? leader time to reiterate the funda- AMENDMENT NO. 1140, AS MODIFIED The result was announced—yeas 94, mental point. The Director of the FBI The PRESIDING OFFICER. Under nays 0, as follows: thinks this is a problem; he just said so the previous order, there will be 2 min- [Rollcall Vote No. 199 Leg.] today. I know the Senator from Illinois utes of debate prior to the vote in rela- YEAS—94 is a great lawyer and understands all of tion to amendment No. 1140, as modi- Akaka Enzi Merkley these matters fully. We think it is im- fied, offered by the Senator from Kan- Alexander Feingold Mikulski portant for the relevant Members of sas, Mr. BROWNBACK. Barrasso Feinstein Murkowski Congress to be assured that these ter- The Senator from Kansas is recog- Baucus Gillibrand Murray Bayh Graham rorists do not have the kind of profile nized. Nelson (NE) Begich Grassley Nelson (FL) that would warrant their release. Mr. BROWNBACK. Mr. President, Bennet Gregg Pryor This is not an attack on the current this is a very simple amendment. I Bennett Hagan Reed Bingaman Harkin administration. The previous adminis- Reid hope we can get everybody’s support. I Bond Hutchison Risch tration mistakenly released a number wish to read it because it is so short, Boxer Inhofe of detainees who went back to the bat- simple, and straightforward: Brown Inouye Roberts tlefield. Why should we not learn from Brownback Isakson Sanders It is the sense of the Senate that the Sec- Schumer the experience of the past and apply it Bunning Johanns retary of Defense should consult with State Burr Johnson Sessions to the future? I hope my amendment and local government officials before making Burris Kaufman Shaheen will be adopted. any decision about where detainees at Naval Cantwell Kerry Shelby Mr. President, I ask for the yeas and Station Guantanamo Bay, Cuba, might be Cardin Klobuchar Snowe nays. transferred, housed, or otherwise incarcer- Carper Kohl Specter ated as a result of the implementation of the Casey Kyl Stabenow The PRESIDING OFFICER. Is there a Chambliss Landrieu Executive Order of the President to close the Tester sufficient second? Cochran Lautenberg Thune detention facilities at Naval Station Guanta- There appears to be. Collins Leahy Udall (CO) The question is on agreeing to the namo Bay. Conrad Levin Udall (NM) amendment. We should all be for that. We put this Corker Lieberman Vitter Cornyn Lincoln Voinovich The clerk will call the roll. as ‘‘should’’ instead of a requirement. Crapo Lugar Warner The legislative clerk called the roll. In Leavenworth, KS, they are very con- DeMint Martinez Webb Mr. DURBIN. I announce that the Dodd McCain cerned about this. They need to be con- Whitehouse Senator from West Virginia (Mr. Dorgan McCaskill sulted. In Alexandria, VA, the 20th hi- Durbin McConnell Wicker YRD B ), the Senator from Massachusetts jacker, Moussaoui, was tried, and here Ensign Menendez Wyden (Mr. KENNEDY), and the Senator from is what the mayor of Alexandria said: NOT VOTING—5 West Virginia (Mr. ROCKEFELLER) are We would be absolutely opposed to relo- necessarily absent. cating Guantanamo prisoners to Alexandria. Byrd Hatch Rockefeller Coburn Kennedy Mr. KYL. The following Senator is We would do everything in our power to necessarily absent: the Senator from lobby the President, the Governor, Congress, The amendment (No. 1140), as modi- Utah (Mr. HATCH). and everybody else to stop it. We have had fied, was agreed to.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5688 CONGRESSIONAL RECORD — SENATE May 20, 2009 The PRESIDING OFFICER. The ma- templated by paragraph 17 of the G–20 Lead- crease in the quota of the United States in jority leader. ers’ Statement of April 2, 2009 in London, the the Fund equivalent to 4,973,100,000 Special Mr. REID. Mr. President, I have con- Secretary of the Treasury is authorized to Drawing Rights. (b) SUBJECT TO APPROPRIATIONS.—The au- ferred with the bill managers, and I am instruct the United States Executive Direc- tor to consent to such amendments notwith- thority provided by subsection (a) shall be told this will be the last rollcall vote standing subsection (d) of this section, and effective only to such extent or in such tonight. There is still opportunity for to make loans, in an amount not to exceed amounts as are provided in advance in appro- people to talk to the managers about the dollar equivalent of 75,000,000,000 Special priations Acts.’’ amendments they wish to offer or try Drawing Rights, in addition to any amounts ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT to work things out so they can accept previously authorized under this section and OF THE FUND’S GOLD. them. Senator INOUYE is willing to ac- limited to such amounts as are provided in ‘‘(a) The Secretary of the Treasury is au- cept a number of amendments, but we advance in appropriations Acts, except that thorized to instruct the United States Exec- utive Director of the Fund to vote to approve need unanimous consent to do that. prior to activation, the Secretary of the Treasury shall report to Congress on whether the sale of up to 12,965,649 ounces of the We are going to have a cloture vote supplementary resources are needed to fore- Fund’s gold acquired since the second probably about 10 or 10:30 in the morn- stall or cope with an impairment of the Amendment to the Fund’s Articles of Agree- ing. We will decide what time we are international monetary system and whether ment, only if such sales are consistent with going to come in tomorrow morning—9 the Fund has fully explored other means of the guidelines agreed to by the Executive or 9:30—and have a cloture vote 1 hour funding, to the Fund under article VII, sec- Board of the Fund described in the Report of after that. The Parliamentarians will tion 1(i), of the Articles of Agreement of the the Managing Director to the International be working tonight to find out what Fund: Provided, That prior to instructing Monetary and Financial Committee on a New Income and Expenditure Framework for amendments are germane postcloture. the United States Executive Director to provide consent to such amendments, the Sec- the International Monetary Fund (April 9, AMENDMENT NO. 1191 retary of the Treasury shall consult with the 2008) to prevent disruption to the world gold Mr. LEAHY. Will the distinguished Committee on Foreign Relations and the market: Provided, That at least 30 days prior majority leader yield? Committee on Banking, Housing, and Urban to any such vote, the Secretary shall consult The PRESIDING OFFICER. The Sen- Affairs of the Senate and the Committee on with the Committee on Foreign Relations ator from Vermont. Financial Services of the House of Rep- and the Committee on Banking, Housing, Mr. LEAHY. Mr. President, I want to resentatives on the amendments to be made and Urban Affairs of the Senate and the Committee on Financial Services of the call up an amendment and have it to the New Arrangements to Borrow, including guidelines and criteria governing the use House of Representatives regarding the use pending to H.R. 2346, an amendment of its resources; the countries that have of proceeds from the sale of such gold: Pro- numbered 1191. made commitments to contribute to the New vided further, That the Secretary of the The PRESIDING OFFICER. Is there Arrangements to Borrow and the amount of Treasury shall seek to ensure that: objection? such commitments; and the steps taken by (1) the Fund will provide support to low-in- Mrs. HUTCHISON. Mr. President, I the United States to expand the number of come countries that are eligible for the Pov- object. countries so the United States share of the erty Reduction and Growth Facility or other The PRESIDING OFFICER. Objec- expanded New Arrangements to Borrow is low- income lending from the Fund by mak- representative of its share as of the date of ing available Fund resources of not less than tion is heard. $4 billion; Mr. LEAHY. Mr. President, I under- enactment of this act: Provided further, That any loan under the authority granted (2) such Fund resources referenced above stand objection has been heard. Among in this subsection shall be made with due re- will be used to leverage additional support the people on this amendment are Sen- gard to the present and prospective balance by a significant multiple to provide loans ator GREGG, Senator SHELBY, myself, of payments and reserve position of the with substantial concessionality and debt and Senators KERRY and DODD, as well United States.’’ service payment relief and/or grants, as appropriate to a country’s circumstances; as Senator LUGAR. and (2) in subsection (b) (3) support provided through forgiveness of Mrs. HUTCHISON. Mr. President, I (A) by inserting ‘‘(1)’’ before ‘‘For the pur- interest on concessional loans will be pro- withdraw my objection. pose of; vided for not less than two years; and Mr. LEAHY. I thank the Senator for (B) by inserting ‘‘subsection (a)(1) of after (4) the support provided to low-income withdrawing her objection. Again, I ‘‘pursuant to’’; and countries occurs within six years, a substan- ask unanimous consent to call up (C) by adding at the end the following: tial amount of which shall occur within the amendment No. 1191 to the bill. ‘‘(2) For the purpose of making loans to the initial two years. International Monetary Fund pursuant to (b) In addition to agreeing to and accepting The PRESIDING OFFICER. Is there subsection (a)(2) of this section, there is the amendments referred to in section 64 of any objection to setting aside the pend- hereby authorized to be appropriated not to this act relating to the use of proceeds from ing amendments? exceed the dollar equivalent of 75,000,000,000 the sale of such gold, the United States Gov- Without objection, the clerk will re- Special Drawing Rights, in addition to any ernor is authorized, consistent with sub- port. amounts previously authorized under this section (a), to take such actions as may be The legislative clerk read as follows: section, except that prior to activation the necessary, including those referred to in sec- Secretary of the Treasury shall report to tion 5(e) of this act, to also use such proceeds The Senator from Vermont [Mr. LEAHY], Congress on whether supplementary re- for the purpose of assisting low-income coun- for himself and Mr. KERRY, proposes an amendment numbered 1191. sources are needed to forestall or cope with tries.’’ an impairment of the international mone- ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE Mr. LEAHY. I ask unanimous con- tary system and whether the Fund has fully ARTICLES OF AGREEMENT OF THE sent that further reading of the amend- explored other means of funding, to remain FUND. ment be dispensed with. available until expended to meet calls by the ‘‘The United States Governor of the Fund The PRESIDING OFFICER. Without Fund. Any payments made to the United may agree to and accept the amendment to objection, it is so ordered. States by the Fund as a repayment on ac- the Articles of Agreement of the Fund as The amendment is as follows: count of the principal of a loan made under proposed in the resolution numbered 54–4 of this section shall continue to be available for the Board of Governors of the Fund which (Purpose: To provide for consultation and re- loans to the Fund.’’. was approved by such Board on October 22, ports to Congress regarding the Inter- SEC. 1302. The Bretton Woods Agreements 1997: Provided, That not more than one year national Monetary Fund) Act (22 U.S.C. 286 et seq.) is amended by add- after the acceptance of such amendments to On page 102, line 9, strike ‘‘In’’ and every- ing at the end the following: the Fund’s Articles of Agreement, the Sec- thing thereafter through the end of line 14 on ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE retary of the Treasury shall submit a report page 106, and insert in lieu thereof the fol- ARTICLES OF AGREEMENT OF THE to the Committee on Foreign Relations and lowing: FUND. the Committee on Banking, Housing, and In order to carry out the purposes of a one- ‘‘The United States Governor of the Fund Urban Affairs of the Senate and the Com- time decision of the Executive Directors of may agree to and accept the amendments to mittee on Financial Services of the House of the International Monetary Fund (the Fund) the Articles of Agreement of the Fund as Representatives analyzing Special Drawing to expand the resources of the New Arrange- proposed in the resolutions numbered 63–2 Rights, to include a discussion of how those ments to Borrow, established pursuant to the and 63–3 of the Board of Governors of the countries that significantly use or acquire decision of January 27, 1997 referred to in Fund which were approved by such Board on Special Drawing Rights in accordance with paragraph (1) above, and to make other April 28, 2008 and May 5, 2008, respectively.’’ Article XIX, Section 2(c), use or acquire amendments to the New Arrangements to ‘‘SEC. 65. QUOTA INCREASE. them; the extent to which countries experi- Borrow to achieve an expanded and more ‘‘(a) IN GENERAL.—The United States Gov- encing balance of payment difficulties ex- flexible New Arrangements to Borrow as con- ernor of the Fund may consent to an in- change or use their Special Drawing Rights

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5689 to acquire reserve currencies; and the man- with everyone who is affected. I have dealers, and I ask unanimous consent ner in which those reserve currencies are ac- talked to the chairman of the Banking to be listed as a cosponsor of the quired when utilizing Special Drawing Committee who has agreed to clear amendment. Rights.’’ this if it meets all the tests so it will Mrs. HUTCHISON. I thank the Sen- Mr. LEAHY. Mr. President, I yield not hurt the bankruptcy. But these ator, and I would be glad to list the the floor. dealers are forced into bankruptcy too, Senator as a cosponsor. The PRESIDING OFFICER. The Sen- and I hope we can give them just 60 The PRESIDING OFFICER. Without ator from Texas. days instead of 3 weeks. It is only add- objection, it is so ordered. AMENDMENT NO. 1189 ing 3 weeks. They will then have much Mrs. HUTCHISON. Mr. President, I Mrs. HUTCHISON. Mr. President, I more capability to have an orderly also ask unanimous consent that Sen- would like to call up amendment No. process to shut down their businesses. ators COCHRAN, BROWN, MCCASKILL, and 1189, also for the purposes of having it We are not trying to affect the deci- BOND be listed as cosponsors. pending, and then I would like to speak sion. We are not trying to reach into The PRESIDING OFFICER. Without about what I am trying to do with the Chrysler’s decisions that they have objection, it is so ordered. majority. made that will shut down these dealer- The Senator from Oregon. The PRESIDING OFFICER. Is there ships. We are just asking for 3 more AMENDMENT NO. 1185 objection? weeks to let them shut down in, hope- Mr. MERKLEY. Mr. President, I ask Without objection, the clerk will re- fully, a little bit better situation. Let unanimous consent to set aside the port. them get some help to know what they pending amendment and call up The legislative clerk read as follows: have to do and to sell all the parts, all amendment No. 1185, which is at the The Senator from Texas [Mrs. HUTCHISON] the equipment, and try to get their fi- desk. proposes an amendment numbered 1189. nancial arrangements in order. The PRESIDING OFFICER. Is there Mrs. HUTCHISON. Mr. President, I This will also be good for the sur- objection? ask unanimous consent the reading of viving dealerships because, hopefully, Without objection, it is so ordered. the amendment be dispensed with. they are going to buy some of this The clerk will report. The PRESIDING OFFICER. Without equipment, and they will need financ- The assistant legislative clerk read objection, it is so ordered. ing to do that as well. Our taxpayers as follows: The amendment is as follows: are funding a lot of auto manufactur- The Senator from Oregon [Mr. MERKLEY] proposes an amendment numbered 1185. (Purpose: to protect auto dealers) ers’ operations. I think the least we At the appropriate place, insert the fol- can do for many of those people who Mr. MERKLEY. Mr. President, I ask lowing new section: are paying these taxes—and that is the unanimous consent that further read- No funds shall be expended from the Treas- dealers—is to give them a chance. ing of the amendment be dispensed ury to an auto manufacturer which has noti- I have a list of the number of dealers with. fied a dealership that it will be terminated in these States that are getting shut The PRESIDING OFFICER. Without without providing at least 60 days for that down, and I am just asking for some objection, it is so ordered. dealership to wind down its operations and kind of equity for them. It is not eq- The amendment is as follows: sell its inventory. uity when they are going to be shut (Purpose: To express the sense of the Senate Mrs. HUTCHISON. Mr. President, down anyway, but 3 weeks is just not on the use by the Department of Defense of this amendment I have put on the rational. funds in the Act for operations in Iraq in a table, and which is now pending, I So I don’t want to hurt the Chrysler manner consistent with the United States– think is so important because we must situation. I don’t want to delay their Iraq Status of Forces Agreement) try to help the Chrysler dealers that bankruptcy. I don’t want to in any way At the appropriate place in title III, insert the following: have only gotten 3 weeks’ notice to obstruct what they are trying to do be- shut down. I am working with the Sen- cause I want Chrysler to succeed. I do. SENSE OF SENATE ON USE OF FUNDS FOR OPERATIONS IN IRAQ ators from Michigan who have con- So I am going to work with the Sen- cerns about whether this amendment ators from Michigan, and I am going to SEC. 315. It is the sense of the Senate that funds appropriated or otherwise made avail- would in any way delay the bankruptcy work with the White House to try to proceedings so that Chrysler can come able to the Department of Defense by this come up with language that would say title for operations in Iraq should be utilized out of that, and I do not want to dis- this doesn’t delay the bankruptcy, and for those operations in a manner consistent rupt that whole effort that is being try to go forward and give these deal- with the United States–Iraq Status of Forces made to help Chrysler. So we are workers that 3 extra weeks—the 3 weeks Agreement, including specifically that— ing with the White House and with the that will help them have an orderly (1) the United States combat mission in Senators from Michigan and the people shutdown and, hopefully, keep their Iraq will end by August 31, 2010; who are representing Chrysler to try to employees a little longer because this (2) any transitional force of the United States remaining in Iraq after August 31, come up with language that will assure is a big hit to many people in this that nothing that we do would affect 2010, will have a mission consisting of— country—789 dealerships, 3 weeks’ no- (A) training, equipping, and advising Iraqi the timeliness of Chrysler being able to tice, Mr. President. I don’t think that Security Forces as long as they remain non- come out of bankruptcy and the courts. is the way our country should be oper- sectarian; What we are trying to do, however, ating in this crisis. (B) conducting targeted counter-terrorism should not cost Chrysler anything. We Ms. MIKULSKI. Mr. President, will missions; and want to try to move forward, if we can, the Senator yield for a question? (C) protecting the ongoing civilian and to get this agreement and the correct Mrs. HUTCHISON. I will be happy to military efforts of the United States within Iraq; and language so as not to affect the bank- yield. ruptcy in any way but to give these (3) through continuing redeployments of The PRESIDING OFFICER. The Sen- the transitional force of the United States dealers more than 3 weeks’ notice for ator from Maryland. remaining in Iraq after August 31, 2010, all shutting down a dealership that has Ms. MIKULSKI. I will only take a United States troops present in Iraq under been in their family or one that they moment because I know the Senator the United States–Iraq Status of Forces own and in which they have made their from Oregon is on a tight schedule and Agreement will be redeployed from Iraq by investments. They are looking at bank- wants to call up his amendment. But is December 31, 2011. ruptcy too. the Senator proposing legislation? Mr. MERKLEY. Mr. President, I ask Many times these dealerships are the Mrs. HUTCHISON. I am proposing an unanimous consent that Senator largest employer in a whole commu- amendment that would give just 3 WHITEHOUSE be added as a cosponsor of nity, in a whole county, and we know more weeks to the Chrysler dealers the amendment. hundreds of them—over 700 across this that are going to be shut down—3 more The PRESIDING OFFICER. Without country, 789 on May 14—3 weeks’ notice weeks for that process. objection, it is so ordered. to shut down. Ms. MIKULSKI. I thank the Senator Mr. MERKLEY. Mr. President, the I know we can do better in this coun- for answering the question. I, too, am amendment I offer this evening is very try, Mr. President, and I want to work deeply troubled by the plight of these straightforward. Put simply, I offer

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5690 CONGRESSIONAL RECORD — SENATE May 20, 2009 this amendment to support and affirm egon just to add two more cosponsors That is why I, along with my col- President Obama’s plan to end the war to amendment No. 1189. I ask unani- leagues, Chairman LIEBERMAN, Rank- in Iraq. This amendment expresses the mous consent to add Senator LAUTEN- ing Member COLLINS, and Senator sense of the Senate that the funding BERG and Senator MENENDEZ. MCCASKILL, have introduced S. 104, the provided in this bill will be used in ac- The PRESIDING OFFICER. Without Enhanced Oversight of State and Local cordance with the United States-Iraq objection, it is so ordered. Economic Recovery Act to amend the Status of Forces Agreement signed this The Senator from Oregon. American Recovery and Reinvestment past fall. This agreement—SOFA as it AMENDMENT NO. 1179, AS MODIFIED Act. This measure would set aside up is often referred to—makes it clear Mr. MERKLEY. Mr. President, I ask to one-half of 1 percent of all the stim- that our combat mission in Iraq will unanimous consent that the Kaufman ulus funds and allow State and local end next summer. amendment, No. 1179, be modified with governments to use this administrative President Obama has been unwaver- the changes at the desk. expense reserve to distribute and track ing in his commitment to get our The PRESIDING OFFICER. Is there the stimulus money as it is received troops out of Iraq. He has repeatedly objection? Without objection, the and spent. stated—and in very straightforward amendment is so modified. These costs are currently unfunded, terms—that by August 31, 2010, our The amendment, as modified, is as leaving taxpayers with no concrete as- combat mission in Iraq will end. Presi- follows: surance that their money is being effi- dent Obama has gone further and de- On page 71, between lines 13 and 14, insert ciently delivered to where it is most clared that any troops remaining in the following: needed. Our legislation would change Iraq after that date will be either (g) TRAINING IN CIVILIAN-MILITARY COORDI- that, mandating careful oversight and training Iraqi forces, conducting tar- NATION.—The Secretary of State, in consultation with the Secretary of Defense and strict regulation as every dollar is geted counterterrorism missions, or the Administrator of the United States spent. This measure represents com- protecting U.S. personnel still in Iraq. Agency for International Development, shall mon sense and simple good governance. After 6 years of intense military op- seek to ensure that civilian personnel as- I urge my colleagues to join me as we erations in Iraq, the time has come to signed to serve in Afghanistan receive civil- work to ensure transparency and ac- empower the Iraqis to provide their ian-military coordination training that fo- countability. own national security. We must con- cuses on counterinsurgency and stability op- This bill would be an excellent start, tinue to provide training to protect erations, and shall submit a report to the but I think we should even go further. U.S. personnel in the country and to Committees on Appropriations and Foreign The American people demand not just Relations of the Senate and the Committees conduct narrowly focused counterin- on Appropriations and Foreign Affairs of the basic reform but a sweeping expansion surgency missions when necessary. The House of Representatives not later than 90 of oversight and accountability for United States should also provide fund- days after the date of the enactment of this their stimulus dollars. When this Con- ing for projects that rebuild Iraq’s in- Act detailing how such training addresses gress passed the American Recovery frastructure, strengthen its economy, current and future civilian-military coordi- and Reinvestment Act, and President and improve the living conditions of its nation requirements. Obama signed it into law, we took a citizens. Mr. MERKLEY. Mr. President, I bold step toward starting to rebuild Colleagues, next month, the 41st Bri- yield the floor. our economy. But we must ensure that gade Combat Team of the Oregon Na- The PRESIDING OFFICER. The Sen- our efforts are not penny wise and tional Guard will send 3,000 soldiers to ator from Illinois. pound foolish. Without transparency, Iraq. This is the largest deployment of Mr. BURRIS. Mr. President, I ask without accountability, without over- the Oregon National Guard since World unanimous consent to speak as in sight, we will not be effective. We can- War II. I honor these men and women morning business. not allow billions of dollars to dis- for their valiant and critical service, The PRESIDING OFFICER. Without appear blindly into State treasuries. but I hope in the near future we will objection, it is so ordered. Perhaps these dollars would be spent know that this is the last such deploy- AMENDING THE AMERICAN RECOVERY AND wisely, perhaps not. Perhaps is not ment of our men and women we will REINVESTMENT ACT good enough for the American people send to Iraq. Mr. BURRIS. Mr. President, as I ad- and it is also not good enough for me. I urge adoption of this amendment. dress the Chamber this evening, our As a former comptroller, I know better AMENDMENT NO. 1138 great country is in the grips of an un- than to simply trust that these funds Mr. President, on behalf of Senator precedented economic crisis. In our will be put to good use. That is why I DEMINT, I would like to call up amend- lifetime, it has never been harder for have introduced this bill, to make ment No. 1138 and ask that it be re- American men and women to find a available the funds to track and regu- ported by number. job, to get a loan, or to make ends late every dollar of taxpayers’ money, The PRESIDING OFFICER. Is there meet. This Congress has boldly taken to keep government officials honest objection to setting aside the pending action in the form of a landmark stim- and accountable to the people they amendment? ulus package, but millions of Ameri- serve. Without objection, it is so ordered. cans are still waiting and wondering. It We owe it to the hard-working men The clerk will report. is a question I hear each and every and women of this country to send tar- The assistant legislative clerk read time I travel home to Illinois: Where is geted relief on swift wings, and this as follows: our stimulus relief? They are waiting legislation is an essential part of that. The Senator from Oregon [Mr. MERKLEY], for help, waiting for results, waiting to I thank Chairman LIEBERMAN, Rank- for Mr. DEMINT, proposes an amendment fulfill the promise of the American ing Member COLLINS, and my friend numbered 1138. dream, which suddenly seems just out from the great State of Missouri, Sen- Mr. MERKLEY. Mr. President, I ask of reach. It is our duty to provide relief ator MCCASKILL, for joining me in this unanimous consent that the reading of in a timely manner, Mr. President. But effort. I ask all my colleagues to sup- the amendment be dispensed with. in the rush to allocate stimulus funds, port this essential legislation. We must The PRESIDING OFFICER. Without we must not be too hasty. As we work act without delay. objection, it is so ordered. to get this economy back on track, we I yield the floor. The amendment is as follows: need to make sure that every dollar— I suggest the absence of a quorum. (Purpose: To strike the provisions relating every dollar—is spent wisely. The PRESIDING OFFICER. The to increased funding for the International I have vast experience in this area. clerk will call the roll. Monetary Fund) During my three terms as Comptroller The assistant legislative clerk pro- Beginning on page 100, strike line 12 and of the State of Illinois, I worked hard ceeded to call the roll. all that follows through page 107, line 21. to maintain accountability as money Mr. BENNET. Mr. President, I ask The PRESIDING OFFICER. The Sen- was distributed, so I know how difficult unanimous consent the order for the ator from Texas. it is. quorum call be rescinded. Mrs. HUTCHISON. Mr. President, if I I will also understand the importance The PRESIDING OFFICER. Without could interrupt the Senator from Or- of transparency and robust oversight. objection, it is so ordered.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5691 AMENDMENT NO. 1167 work of the chairman on this impor- ing to safely direct fellow Hybla Valley Mr. BENNET. Mr. President, I ask tant piece of legislation. Elementary School students exit the unanimous consent to set aside the I urge, at the appropriate time, adop- bus when he spotted a vehicle coming pending amendments so that I may call tion of the amendment. towards a 5-year-old girl who was up my amendment No. 1167. I yield the floor and I suggest the ab- crossing in front of the bus. Acting The PRESIDING OFFICER. Without sence of a quorum. quickly, Norman pulled the young girl objection, it is so ordered. The PRESIDING OFFICER. The from harm’s way. His courageous ac- The clerk will report. clerk will call the roll. tions ensured that the girl went The assistant legislative clerk read The assistant legislative clerk pro- unharmed. as follows: ceeded to call the roll. Lulu Beltran showed great foresight The Senator from Colorado [Mr. BENNET], Mr. REID. Mr. President, I ask unan- while performing her duty as an AAA for himself, and Mr. CASEY, proposes an imous consent that the order for the school safety patroller at Dixie Downs amendment numbered 1167. quorum call be rescinded. Elementary School in St. George, UT. The amendment is as follows: The PRESIDING OFFICER. Without While a fellow student was crossing the (Purpose: To require the exclusion of combat objection, it is so ordered. street, Lulu noticed that an approach- pay from income for purposes of deter- AMENDMENT NO. 1201 TO AMENDMENT NO. 1167 ing vehicle was not slowing down. mining eligibility for child nutrition pro- Mr. REID. Mr. President, I have an After assessing the situation, Lulu grams and the special supplemental nutri- amendment at the desk. moved swiftly and pulled her fellow tion program for women, infants, and chil- The PRESIDING OFFICER. The student out of harm’s way. dren) clerk will report. Working with her patrol advisor at On page 4, between lines 2 and 3, insert the The legislative clerk read as follows: Minnehaha Elementary School in Van- following: couver, WA, Sierra Clark acted bravely The Senator from Nevada [Mr. REID] pro- SEC. 103. MILITARY FAMILY NUTRITION PROTEC- to prevent a fifth-grade girl from being TION. poses an amendment numbered 1201 to amendment No. 1167. hit when a vehicle suddenly sped (a) CHILD NUTRITION PROGRAMS.—Section around a corner. As the vehicle ap- 9(b) of the Richard B. Russell National Mr. REID. Mr. President, I ask unan- proached the crossing, Sierra snapped School Lunch Act (42 U.S.C. 1758(b)) is imous consent that the reading of the into action and pushed the girl out of amended by adding at the end the following: amendment be dispensed with. danger. ‘‘(14) COMBAT PAY.— The PRESIDING OFFICER. Without Hunter Turner was patrolling a busy ‘‘(A) DEFINITION OF COMBAT PAY.—In this objection, it is so ordered. paragraph, the term ‘combat pay’ means any intersection near his Strassburg School The amendment is as follows: additional payment under chapter 5 of title in Sauk Village, IL, when a student 37, United States Code, or otherwise des- At the end of the amendment, add the fol- began to cross the street without lowing: ignated by the Secretary to be appropriate checking for cars first. As a car turned for exclusion under this paragraph, that is This section shall become effective 3 days received by or from a member of the United after enactment. the corner, Hunter pulled the student back onto the sidewalk. If not for States Armed Forces deployed to a des- Mr. INOUYE. Mr. President, I certify Hunter’s valiant action, the student ignated combat zone, if the additional pay— that the information required by Sen- would have been struck. ‘‘(i) is the result of deployment to or serv- ate rule XLIV, related to congression- ice in a combat zone; and After only 2 weeks at his school safe- ‘‘(ii) was not received immediately prior to ally directed spending has been avail- ty patrol post at Waterville Primary serving in a combat zone. able on a publicly accessible congres- School in Waterville, OH, Matthew ‘‘(B) EXCLUSION.—Combat pay shall not be sional Web site in a searchable format Krause prevented a kindergartener considered to be income for the purpose of at least 48 hours before a vote on the from stepping off a sidewalk just as a determining the eligibility for free or re- pending bill. duced price meals of a child who is a member truck passed. Matthew’s awareness of of the household of a member of the United f his surroundings and attentiveness to States Armed Forces.’’. MORNING BUSINESS his duties ensured that this 5-year-old (b) SPECIAL SUPPLEMENTAL NUTRITION PRO- remained unscathed. GRAM FOR WOMEN, INFANTS, AND CHILDREN.— Mr. REID. Mr. President, I now ask The five patrollers whom I have spo- Section 17(d)(2) of the Child Nutrition Act of unanimous consent to proceed to a pe- ken of exemplify values such as cour- 1966 (42 U.S.C. 1786(d)(2)) is amended— riod of morning business with Senators age, alertness, and a commitment to (1) by redesignating subparagraph (C) as permitted to speak for up to 10 minutes safety, all of which the AAA School subparagraph (D); and each. (2) by inserting after subparagraph (B) the Safety Patrol Program has promoted The PRESIDING OFFICER. Without over the years. Patrollers throughout following: objection, it is so ordered. ‘‘(C) COMBAT PAY.—For the purpose of de- our Nation serve an important role in termining income eligibility under this sec- f ensuring that our young people safely tion, a State agency shall exclude from in- navigate traffic hazards to and from SCHOOL SAFETY PATROL come any additional payment under chapter school, and I thank them for their LIFESAVING AWARD RECIPIENTS 5 of title 37, United States Code, or otherwise work. designated by the Secretary to be appro- Mr. REID. Mr. President, I rise today f priate for exclusion under this subparagraph, to recognize the actions of the five that is received by or from a member of the young Americans who are this year’s CUBAN INDEPENDENCE DAY United States Armed Forces deployed to a designated combat zone, if the additional School Safety Patrol Lifesaving Award Mr. NELSON of Florida. Mr. Presi- pay— recipients as chosen by the American dent, today I rise on behalf of the peo- ‘‘(i) is the result of deployment to or serv- Automobile Association. ple of Florida and all Americans, to ice in a combat zone; and The American Automobile Associa- recognize Cuban Independence Day. We ‘‘(ii) was not received immediately prior to tion, AAA, began the School Safety Pa- stand in solidarity with the people of serving in a combat zone.’’. trol Program in 1920 as a way to pro- Cuba as they fight for democratic Mr. BENNET. Mr. President, my mote traffic safety amongst school change and independence in their amendment ensures that active-duty children. Since 1949, the AAA School homeland, and struggle for a day when soldiers do not lose family benefits, nu- Safety Patrol Program has awarded its basic dignity and freedom of expression trition benefits that they have come to highest honor, the Lifesaving Award, is possible without fear of persecution. count on. It is wrong that a combat to those patrollers who have acted to Tyranny, dictatorships, and political family would actually loose WIC bene- save the life of another. This year five repression have no place in this hemi- fits and child nutrition benefits just heroic School Safety Patrollers are re- sphere. Now more than ever, the because the military loved one gets ceiving this award, and it is my great United States must continue to press called up. honor to recognize their courageous ac- the Cuban regime, beginning with free- I thank my colleagues Senators tions. ing all political prisoners. We must JOHANNS and CASEY for their support of In nearby Alexandria, VA, Norman never waiver in our support for the this amendment. I appreciate the great Wallace was at his bus patrol post help- Cuban people, as they continue their

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5692 CONGRESSIONAL RECORD — SENATE May 20, 2009 fight for freedom and self-determina- eral in 1990. At the time, Larry was the the solitary trek from Fort Manuel tion. first Native American to be elected to Lisa to inform the Native Americans f a statewide constitutional office any- living near the Clark Fork River that a where in the United States. new trading post had been established. VOTE EXPLANATION And Larry’s path breaking did not On his way back, he viewed the sage- Mr. ENSIGN. Mr. President, I was un- stop there. Shortly after his election, brush flats along the Stinking Water avoidably absent on the afternoon of he began to spread what, at the time, River. Just a century later, the town of May 19, 2009. Had I been present, I was a very new idea—conflicts with Powell would be born—and the river re- would have voted yes on rollcall vote tribes should not be settled in court. named Shoshone. 194, in favor of final passage of H.R. 627, Back then, state AGs were in court In 1906, the U.S. Reclamation Service the Credit Cardholders’ Bill of Rights with the tribes all the time. Nobody established an engineering camp on the Act of 2009. won those cases because the bad blood sagebrush flats and called it Camp f on both sides turned any outcome into Colter. Yet when the townsite was of- CONFIRMATION OF LARRY ECHO a defeat. fered for sale, a new name was nec- HAWK Larry was the first to say, ‘‘We can essary since another location in the do better.’’ And he was right. Big Horn Basin was also named for the Mr. UDALL of New Mexico. I rise I followed Larry’s advice, and as a re- Lewis and Clark explorer. The town’s today to support the nomination of a sult New Mexico’s relationship with forefathers chose to honor Major John man I am proud to call my friend— our tribes was more productive for ev- Wesley Powell, an early explorer, con- Larry Echo Hawk. He is President erybody involved. servationist and reclamationist—and Obama’s nominee to be Assistance Sec- The author Dov Seidman has written the former head of the U.S. Reclama- retary of Indian Affairs. He was ap- that, ‘‘Laws tell you what you can do. tion Service Geodetic Survey. proved unanimously by this body last Values inspire in you what you should Powell is a terrific community. On night. And he is a wonderful choice. do.’’ the town’s centennial blog, Cathy How- Before I talk about why Larry is so Larry knows the law well enough to ard Miller writes, ‘‘Powell—a small qualified for this position, I want to understand what is possible. But, more town where everyone knows you and say a few quick words about how com- importantly, he has the values to know you know them, a place to raise chil- mitted he is to this job. when it is time to expand the realm of dren, where you can feel safe.’’ Cathy’s Larry was a law professor. And as the possible—to break old habits and words sum up the reason why Powell many of you know, that is a pretty try new ideas. He is a leader who can was elected as one of 10 All-America nice job. bring change to a Bureau that des- Cities in 1994. With a population of More importantly, as a former BYU perately needs it. 5,381, its economy is based upon oil, ir- quarterback, Larry was named to be At BIA, we need somebody who can rigated farming, ranching, tourism, the faculty member who oversees the work with tribal governments and trib- and agricultural support services. BYU Athletics Department. al members with an attitude of respect. Home of the Powell High School Pan- What I am saying is, rather than We need somebody who combines a thers and the Northwest College Trap- spending his days being worshipped by deep knowledge of Indian issues with pers, Powell is a great place to live, law students, publishing ground- the compassion that comes from com- work, and raise a family. breaking articles, and watching college mon experience and common culture. Mr. President, I encourage my col- football games from the 50-yard line, We need a great mind connected to a leagues to join me in wishing Powell, Larry has chosen to serve his country great heart. WY, a happy birthday.∑ in the Interior Department. If that is In short, we need Larry Echo Hawk. f not commitment, I don’t know what is. I thank you all for supporting his nom- TRIBUTE TO DR. MYLES BRAND We are very lucky that Larry is so ination. committed to this position because I ∑ Mr. BAYH. Mr. President, today I f can think of nobody who is better suit- recognize a constituent and a dear ed for it. ADDITIONAL STATEMENTS friend, Dr. Myles David Brand, a man Larry’s resume speaks for itself. He of uncommon integrity and vision has the kind of depth and breadth of whose leadership has restored an ethos CELEBRATING THE 100 YEAR experience that would make him equal of scholastic achievement to collegiate BIRTHDAY OF POWELL, WYOMING to any job. Over the course of his ca- athletics in America. reer, he has been an advocate and an ∑ Mr. BARRASSO. Mr. President, on Dr. Brand took over as the fourth academic—an elected official, a private May 25, 2009, we will celebrate the cen- chief executive officer of the National attorney and a marine. He has worked tennial of Powell, WY. Located in the Collegiate Athletics Association, to put criminals behind bars and to valley of the Shoshone River, Powell is NCAA, in January 2003, and the inter- keep children in school. He has fought surrounded by the Absaroka and Big vening years have been marked by an drug use, domestic violence, and big- Horn mountain ranges, and is east of unyielding focus on reorienting the otry. And throughout this broad and Yellowstone National Park. NCAA’s priorities in ways aimed to varied career, he has retained a pas- One hundred years ago, the U.S. Rec- nurture and support the student ath- sionate commitment to his people—the lamation Service offered for sale lots lete. first Americans. As he moved from job in a tract of land designated as the Dr. Brand delivered a watershed to job and even State to State, he Powell Townsite. The sale began the speech in 2001 at the National Press never stopped working to improve the last week in May 1909 and by June 30 of Club, in which he enunciated the mis- lives of our country’s Native Ameri- that year all lots in the square mile sion statement that would come to de- cans. tract were purchased. The sale totaled fine his tenure leading the NCAA: Larry’s work has won him awards $16,750. While a thriving community ‘‘Academics must come first.’’ and acclaim from around the country was officially born May 25, 2009, the Dr. Brand warned against the ‘‘bleed- and across the political spectrum. Just area had been occasionally populated ing of the entertainment industry with recently, a respected law professor sug- for tens of thousands of years. Stone intercollegiate athletics’’ and cau- gested that Larry replace Justice circles provide the archaeological and tioned that falling academic perform- Souter on the Supreme Court. This is a ethnohistorical evidence to show that ance ‘‘risks undermine the integrity of man who really could do anything. the Shoshone and Crow had active fam- a system of higher education that is And Larry is more than a very ac- ily organizations, camp activities, and without question right now leading the complished lawyer and public servant. domestic life in the area. world.’’ He is a deep and innovative thinker. Perhaps the first White man to view ‘‘Athletic success,’’ he said, ‘‘cannot Larry grew up in Farmington, NM, what would become Powell was Lewis substitute for academic success. Uni- but I first got to know him when we and Clark’s colleague, John Colter. versities must be seen, and understood, were both elected state attorneys gen- During the winter of 1807, Colter made and judged by their achievements as

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5693 academic institutions, not sports fran- azine named Indiana University its enced many adventures including the 1964 chises.’’ ‘‘College of the Year.’’ earthquake, pipeline construction and home- As NCAA president, Dr. Brand spear- When Dr. Brand left IU to assume the steading in Point MacKenzie. There she headed the most comprehensive pack- NCAA presidency, he did not have to go homeschooled the kids, shot a bear that tried to join them in the cabin and ran the age of academic reforms governing col- far—traveling 40 miles up State Road homestead while Fred was away at construc- lege athletics in our lifetime. Under his 37 from Bloomington to Indianapolis, tion jobs. leadership, the NCAA raised eligibility where the NCAA is headquartered. As a Teamster, Peggy was hired to start standards for freshmen and toughened The NCAA has been a model cor- the Teamster Credit Union (now Denali Alas- requirements that its 400,000 scholar- porate constituent under Dr. Brand’s kan Federal Credit Union), where she ship athletes make annual progress to- management, employing more than 410 achieved her goal of helping members start ward a degree to maintain their eligi- Hoosiers with well-paying jobs while businesses and buy homes. Politically in- bility. Dr. Brand’s reforms subjected maintaining a strong community pres- volved, both Peggy and Fred received their territorial voter registrations from Senator teams with poor overall academic per- ence. It has helped hundreds of char- E.L. ‘‘Bob’’ Bartlett and often canceled each formance to unprecedented penalties, ities, schools and local organizations other’s vote. Peggy was one of the founding including bans on bowl games and throughout Indiana, such as United members of the Bartlett Democratic Club, postseason play. Way and the Susan G. Komen Breast rarely missing the weekly meetings. She The result: Today, NCAA graduation Cancer Foundation. After Hurricane chaired and worked on many campaigns and rates exceed those of the general stu- Katrina ravaged the Gulf Coast, the was a delegate for Alaska at Clinton’s president population in every demographic NCAA dispatched teams of student ath- dential caucus. category. Last year, the NCAA’s over- letes and considerable financial re- Although busy with career and family, she all graduation rate for its student ath- was the ultimate volunteer and contributor sources to the region to rebuild family with this partial list of organizations that letes stood at 79 percent. The gradua- homes. benefited from her enthusiasm: Inlet View tion rate of female student athletes Dr. Myles David Brand is a loving PTA, Alaska Regional Hospital Auxilliary, outpaced nonathletes by 8 percent, and devoted husband to his wife, Peg; a Alaska Native Hospital gift shop, Anchorage while the graduation rate for African- wonderful father and grandfather; and Senior Activity Center, Anchorage Unitarian American male student athletes was 10 a special leader who I am proud to rec- Fellowship, Teamster 959 Retirees, Alaskan percent higher than their nonathletic ognize today for his contributions to Commission on Aging, Pioneers of Alaska, peers. college sports, the State of Indiana, STAR, Victims for Justice, Blood Bank of Alaska, women’s equality groups and several For redefining what is scholastically and the country as a whole.∑ possible in such a short time span, Dr. credit unions. Peggy was a devoted friend to f people of all ages and walks of life, always Brand will forever be known as the willing to give kids a hand up or a haven. NCAA’s ‘‘Education President.’’ REMEMBERING PEGGY BURGIN She valued education, writing and courtesy It should be noted that despite Dr. ∑ Mr. BEGICH. Mr. President, I wish to and was described by one friend as one of the Brand’s unrelenting focus on helping commemorate the life of a very special last true pioneer ladies—elegant, gracious, students make the grade, he has never resident of my home State of Alaska, generous and as tough as nails. She loved lost sight of the joy of making the traveling to Hawaii, Washington and New Peggy Burgin. York and even toured China. She enjoyed shot. ‘‘Anyone who thinks that college Mrs. Burgin was the embodiment of a is only about the library, the lecture staying connected to her myriad friends, true Alaskan. While living in Alaska, watching Alaska politics on cable and get- hall, and the laboratory really doesn’t she witnessed such historical events as ting her hair ‘‘fluffed’’ (her word) at Trend- understand what happens in college,’’ the 1964 earthquake and the construc- setters. he once told a journalist. tion of the Trans-Alaska pipeline. Mrs. Peggy was predeceased by her daughter I can personally attest that Myles Burgin devoted much of her life to vol- Judi, and her husbands, Lee and Fred. She is Brand harbors an unsurpassed love for survived by her son and daughter-in-law, Jim unteering for many community groups. the game played on the field and a be- Burgin and Janice Ray, daughter, Salli She leaves behind many friends who lief in the power of the NCAA to be a Burgin; grandchildren, Erin Malone (Jason are grateful to have known this re- dreammaker for young people. Dallman), Devin Malone, Dante Modaffari, markable woman. Yet he has remained true to his and Bryant Burgin; great-granddaughters, On behalf of her family and her many Ava and Lena Malone-Dallman, all of Alaska pledge that ‘‘academics must come friends, I ask today we honor Peggy and Washington; and by her brother, Robert first.’’ In 2003, Dr. Brand became the Burgin’s memory. I ask that her obit- Burns and family of Idaho. The family wish- first university president ever chosen uary, published May 12, 2009, in the An- es to thank Peggy’s doctors, Kathleen Case to lead the NCAA. A philosopher by chorage Daily News, be printed in the and Vernon Cates, for her many years of en- training and inclination, Dr. Brand has ergetic health.∑ RECORD. earned admiration as a level-headed The information follows: f leader interested in critical examination and reform. USA Today called him [From the Anchorage Daily News, May 12, REMEMBERING NORVAL POHL 2009] ‘‘the strongest, most vocal and influen- ∑ Mr. CORNYN. Mr. President, I wish tial leader college sports has had in Peggy Arlene Burgin, 89, died peacefully to pay tribute to Dr. Norval Pohl, May 5, 2009, at Alaska Regional Hospital, former president of the University of . . . decades.’’ where she received exceptional loving care Prior to taking over the NCAA, the from the entire staff. A celebration of life is North Texas, who passed away last people of the great State of Indiana en- being planned for June. Born Aug. 16, 1919, in week after a courageous battle against joyed a front-row seat to his many ac- Bellingham, Wash., to Michael and Minnie pancreatic cancer. complishments in academia. From 1994 Burns, she worked from an early age to help Dr. Pohl joined the UNT com unity to 2002, he served as the 16th president her widowed mother and younger brother. in 1999 as the executive vice president of my alma mater, Indiana University. She went to business college, was president and provost and became the univer- Dr. Brand led IU through a period of re- of the Alpha Chapter of Beta Sigma Phi so- sity’s 13th president in October 2000. markable growth, attracting record en- rority and was a lifelong Democrat. She Under Dr. Pohl’s leadership at UNT, moved to Anchorage in July 1947 to marry rollments, doubling research funding, Lee Morrow, a veteran Air Force pilot with enrollment grew from 27,000 to over and establishing the university as a na- postwar Alaska dreams. Ten months later 32,000 students. During the same pe- tional leader in the life sciences and in- the small plane he was co-piloting dis- riod, the university’s Latino enroll- formation technology. He increased the appeared in the Susitna Valley and was ment increased by 48 percent and Afri- school’s endowment by a factor of four never recovered. Shaken, she returned brief- can-American enrollment increased by and tripled the number of endowed ly to Washington, but her love for Alaska 43 percent. Financial aid awards in- chairs. Under Dr. Brand’s leadership, drew her right back. Working for an air creased from $57.8 million to $172.2 mil- IU created a nationally renowned cargo firm and later First National Bank of lion, and annual giving to UNT in- Anchorage, she made an impact as a single School of Informatics and developed determined woman in a rough young town. creased from $4.7 million to $13.4 mil- the Central Indiana Life Sciences Ini- She met and married another Alaska enthu- lion. Dr. Pohl is also recognized for ad- tiatives. His trailblazing leadership siast, Fred Burgin, and together with their dressing title IX issues with the acqui- was recognized in 2001 when Time Mag- children, Salli, Jim and Judi, they experi- sition of the Liberty Christian School

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5694 CONGRESSIONAL RECORD — SENATE May 20, 2009 property, which increased both aca- first flight of three Navy NC-flying when he enlisted in the Navy in March demic and athletic space for the uni- boats to fly across the Atlantic Ocean, 1941 and was sent to northern Africa. versity. fulfilling his early vision to be the first After the Japanese attack on Pearl Among his other accomplishments, flight across the Atlantic Ocean. The Harbor nine months later, Cecil’s re- he worked to advance UNT as a public flights began at Rockaway Beach, NY, markable flying abilities were noted research institution. He fulfilled a long on May 8, 1919, and one of the planes and he was moved to the Pacific to held desire at UNT for an engineering made it to Plymouth, England, on May combat the Kamikaze attacks. Cecil school by establishing the College of 31, 1919. It was Towers’ vision that in- shot down 24 enemy warplanes in 81 Engineering and creating a permanent spired others and changed the world days while never taking a single bullet home for engineering at the UNT Re- forever. The flight actually lasted 52 on his own plane, making him the sec- search Park. hours 31 minutes, for a distance of 3,936 ond-ranking World War II Naval Ace. After leaving UNT, he joined the fac- nautical miles. After the war, Cecil returned home to ulty at Embry-Riddle Aeronautical Towers and his group became inter- University’s Prescott campus and was national celebrities. During their At- become a teacher and coach. In 1951, he named chief academic officer in Janu- lantic crossing, the Nation was on pins was called to Tennessee to train pilots ary of this year. and needles reading about the hap- for the Korean war. He was then pro- Dr. Pohl spent the better part of his penings each day, particularly when moted to captain and sent to the Pen- career in higher education serving as they received the news that Towers’ tagon. He retired in June 1967 after both an administrator and a professor float boat NC–3 went down and was lost serving 27 years in the Navy. He passed at several universities across the at sea for 5 days. After he sailed the away in 1981 and is buried in Arlington southwest. Dr. Norval Pohl was a great seaplane 200 miles to the Azores, his Cemetery. asset to the academic communities he became a household name around the This stretch of Highway 20 will bear served and he will be missed at the uni- world. the name of a dedicated and decorated versities he leaves behind. I would like The significance of this epic flight af- war hero. Cecil Harris exemplified to express my condolences to Dr. fected the psyche of the American pub- South Dakota values in his unwavering Pohl’s family and friends and my admi- lic because until that time, we were commitment to his country, and I com- ration for his devotion to higher edu- largely protected from invasion by hav- mend the South Dakota Department of cation.∑ ing two oceans on either side of us. Transportation for honoring this out- When the airplane made that first At- f standing individual.∑ lantic crossing, Americans became TRIBUTE TO ADMIRAL JOHN aware that we were not immune from f HENRY TOWERS future wars on our soil. In addition, ∑ Mr. ISAKSON. Mr. President, I wish Britain, France, and Germany were RECOGNIZING ROSEPINE CONCERT to honor and commemorate in the more advanced in aviation than the BAND RECORD of the Senate ADM John Henry United States. When the United States Towers, pioneer naval aviator, on the beat them across the Atlantic, we were ∑ Ms. LANDRIEU. Mr. President, today 90th anniversary of the first crossing of immediately thrust into a ‘‘super I wish to recognize 72 young musicians the Atlantic Ocean in an airplane on power’’ status. The U.S. Navy beat the from Rosepine High School. On April May 8, 2009. world in crossing the Atlantic. 29, 2009, these students travelled from Admiral Towers was born and raised Admiral Towers’ career was a stub- the heart of Vernon Parish in Lou- in Rome, GA, and graduated from the born, determined battle to gain accept- isiana to compete against 28 bands at U.S. Naval Academy with the class of ance for aviation from a Navy that was the Music in the Parks Festival in Wil- 1906. As one of the earliest of all naval dominated by battleship admirals. He liamsburg, VA. Although Rosepine was aviators, he participated in the devel- was the first to integrate women into the smallest school to compete in their opment of new aviation technology and the U.S. Navy and U.S. Marines by cre- class, hailing from a town of approxi- the application of air power as a part of ating the W.A.V.E.S. in 1942. The mately 1,300 people, they received a su- the surface fleet. By the time World W.A.V.E.S. eventually grew to 12,000 perior rating and were ranked ‘‘Top of War II was over, Admiral Towers was women officers and 75,000 enlisted All Bands.’’ women. He was also the first to obtain the senior surviving aviator of the As a reward for this outstanding ac- four stars in any branch of service in Navy. complishment, the entire band received the State of Georgia and was awarded In every chapter of the early develop- an educational tour of both historic ment of naval aviation, John Towers the Distinguished Service Medal. Apollo 17 honored the admiral and his Williamsburg and Washington, DC. I made his mark. He organized the trust that they were inspired and moti- Navy’s entry into aviation in 1911. Ad- contribution to aviation by naming a crater on the Moon in his name. In ad- vated by their trip to our Nation’s Cap- miral Towers worked very closely with ital. Glenn Curtiss in designing the first dition, he was honored by Time maga- naval aircraft and due to his efforts be- zine and placed on the front cover for These bright young stars are proof came known to his peers as the ‘‘Crown his efforts during World War II. Towers that with hard work, determination, Prince of Aviation.’’ began in naval aviation at its inception and the right amount of support and Towers held aviation records for en- in 1911 and remained dedicated to the encouragement, anything is possible. I durance, altitude, and speed. He sur- field through his retirement in 1947. He believe that constant support and su- vived a fall out of an airplane in 1913 by is a member of five Aviation Halls of pervision from families and instructors hanging onto the aircraft strut as it Fame. can guide students to a path of success crashed into the Severn River from It is a privilege to pay tribute to the and achievement. In addition, I would 1,300 feet. Unfortunately, his pilot-in- remarkable life of ADM John Henry like to congratulate Rosepine’s band ∑ training, ENS, William Billingsly, was Towers. director, Tra Lantham, and thank him killed and became the first naval avia- f for his dedication and commitment to tion fatality. As a result, Towers man- REMEMBERING CECIL E. HARRIS the students as well as the school’s dated seat belts and harnesses in all ∑ Mr. JOHNSON. Mr. President, today music department. naval aircraft after the crash. He also I recognize and congratulate the out- I ask that these names be printed in took the Assistant Secretary of the standing career of Cecil Harris, deco- the Record. I thank these young people Navy Franklin Delano Roosevelt, fu- rated Navy pilot. For his heroic actions and their parents for coming to our Na- ture President of the United States, for in World War II, Cecil received the tion’s Capitol to learn about the work- his first airplane ride, which secured a Navy Cross, Silver Star, Distinguished ings of the U.S. Senate: special friendship that lasted their Flying Cross, and the Air Medal. His Mandi Alford, Samantha Allardyce, Jason whole careers. bravery is again being honored in with Allardyce, Kelvin Ayala, Lindsey Aycock, Admiral Towers was the first to use the dedication of the Cecil E. Harris Mark Bailes, Matt Blount, Brandon Boggs, naval aircraft in combat in the Mexi- Highway in northeast South Dakota. Chloe Brausch, Haley Brown, Hannah Cardy, can War in 1914. Then, in 1919, he con- This Cresbard native was enrolled in Zachary Cardy, Jeffery Cox, Ann Cox, Brit- ceived, organized, and commanded the the Northern State Teachers College tany Darrah, Jacob Dearmon, Taylor

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5695 Deladurantaye, Nick Deladurantaye, MS1, which is Howe and Howe’s latest last surviving sibling, just months be- Jamison Deladurantaye, Josh Ducote. vehicle, was just selected by Popular fore her own death. Victoria Evans, Chris Funderburk, Daygan Science magazine as ‘‘The Fastest There is no doubt that December 5, Gardner, Chase Gill, Austin Granger, Ryan Tank’’ in the listing of its 2009 Inven- 1942, was a tragic day, not only for the Hess, Chris Hughes, Jessica Islas, Elizabeth Kellner, Daniel Linn, Kaitlyn Lockhart, tion Awards. The magazine publishes families of the fallen crew members Wyatt Maricle, Blake Maricle, Kaymen these awards annually to highlight a but also for the B–25 family, the com- Megl, Austin Merilos, Sydney Merilos, Jo- diverse array of creative and innova- munity, and the Nation. On Saturday, seph Myers, Katlyn Peavy, Bradley Richard, tive products America’s businesses are May 16, Sergeant Atkins was properly Josie Slaydon. manufacturing, from power shock ab- buried with full military honors, in- Courtney Smith, Eden Solinsky, Devin sorbers to IV catheters. Additionally, cluding a jet flyover and a 21-gun sa- Stephens, Cory Stephens, Emilee Stewart, Howe and Howe has recently learned lute. Although all of Atkins’ seven sib- Teagan Suire, Dustin Thompson, Tito that its PAV1 Badger will be acknowl- lings are deceased, three subsequent Torres, Jossie Willis.∑ edged as the ‘‘World’s Smallest Tank’’ generations were present to honor and f in the ‘‘2010 Guinness Book of World pay their respects. HONORING HOWE AND HOWE Records.’’ Thus, today, I honor the memory of TECHNOLOGIES Last Saturday was Armed Forces fellow Louisianan Aubrey Atkins, Jr., Day, a day to reflect on the significant and thank him for his devotion and ∑ Ms. SNOWE. Mr. President, this sacrifices our men and women in uni- service to our country.∑ week is National Small Business Week, form have made on behalf of our Na- f a time when our country focuses on the tion’s security. Let us also pay homage immense efforts our 27 million small to those civilians who assist them by MESSAGES FROM THE PRESIDENT businesses make to the health and vi- creating state-of-the-art products that Messages from the President of the tality of our Nation’s economy. As we make their missions safer and strong- United States were communicated to are presently engaged in two wars, in- er, and that ultimately save lives. I the Senate by Mrs. Neiman, one of his novative companies that produce cut- congratulate Mike and Geoffrey Howe secretaries. ting-edge defense products are critical and everyone at Howe and Howe Tech- f to our Nation’s military success. In nologies for their exceptional work that vein, I rise to recognize the colos- ethic and inventive products, and wish EXECUTIVE MESSAGES REFERRED sal efforts of one such small business them continued success.∑ As in executive session the presiding from my home State of Maine, Howe officer laid before the Senate messages and Howe Technologies. f from the President of the United Located in the southern Maine town REMEMBERING SERGEANT AUBIE States submitting sundry nominations of Eliot, Howe and Howe Technologies L. ATKINS, JR. which were referred to the appropriate focuses on the design and production of ∑ Mr. VITTER. Mr. President, I wish to committees. extreme vehicles, specifically tanks. honor and recognize SGT Aubie L. At- (The nominations received today are And for brothers Mike and Geoffrey kins, Jr., for making the ultimate sac- printed at the end of the Senate pro- Howe, the company’s owners, building rifice in service to our country. Nearly ceedings.) tanks has been a passion for over a dec- 67 years after his death in WWII, he ade. After high school, they began will be home for good and laid to rest f work on the original Ripsaw 1, their next to his parents in their Claiborne REPORT ON THE CONTINUATION first unmanned vehicle, in the garage Parish town of Athens. I would like to OF THE NATIONAL EMERGENCY of their childhood home. By 2004, they take a few moments to speak of his THAT WAS ORIGINALLY DE- were entering their vehicle in an encourage and heroism. CLARED IN EXECUTIVE ORDER durance test for unmanned vehicles Atkins grew up in Athens, LA, and 13303 OF MAY 22, 2003, WITH RE- that was sponsored by the military. attended Louisiana Tech University for SPECT TO THE STABILIZATION While they did not win that trial, the 1 year before enlisting in the Army in OF IRAQ—PM 20 brothers received a boost of confidence 1941. He was trained in communica- The PRESIDING OFFICER laid be- that their products could compete in tions and assigned to the crew of a B– fore the Senate the following message the long run, leading to the establish- 25 Mitchell bomber in the 405th Bom- from the President of the United ment of Howe and Howe Technologies bardment Squadron in the south- States, together with an accompanying in 2006. western Pacific. Atkins, along with report; which was referred to the Com- Each of the company’s tanks is de- seven other crew members, took off mittee on Banking, Housing, and signed with a particular use in mind. aboard a bomber nicknamed ‘‘The Urban Affairs: For instance, the Subterranean Rover Happy Legend’’ from Port Moresby on 1, or SR1, was commissioned by the a mission to bomb Buna on December To the Congress of the United States: Shoal Creek Mine in Alabama to spe- 5, 1942. Unfortunately, their plane went Section 202(d) of the National Emer- cifically withstand the harsh condi- down and disappeared near the Kokoda gencies Act (50 U.S.C. 1622(d)) provides tions of coal mines. The PAV1, or Pass, Papua New Guinea. Military au- for the automatic termination of a na- Badger, was built for the California thorities believed the plane was shot tional emergency unless, prior to the Protection Services for use by SWAT down by the Japanese during a bomb- anniversary date of its declaration, the teams and other law enforcement agen- ing run. The crew was declared dead, President publishes in the Federal Reg- cies. And the Ripsaw MS1, which is and all were memorialized on the tab- ister and transmits to the Congress a currently being tested by the U.S. lets of the missing at Manila American notice stating that the emergency is to Army, is an unmanned ground vehicle, Cemetery, Philippines, by the Amer- continue in effect beyond the anniver- or UGV, designed especially for mili- ican Battle Monuments Commission. sary date. In accordance with this pro- tary use. Howe and Howe’s vehicles are Members of the 1st Australian Corps vision, I have sent the enclosed notice critical to our military’s mission, as found the crash in February 1943 along to the Federal Register for publication. they are unmanned vehicles that can with the pilot’s remains and Atkins’ This notice states that the national be placed in dangerous situations with- identification tags, but because enemy emergency with respect to the sta- out harm to personnel. Additionally, troops remained in the vicinity, the al- bilization of Iraq declared in Executive the vehicles can operate for almost 300 lied soldiers had to abandon the site. Order 13303 of May 22, 2003, as modified miles until refueling, can be controlled Several attempts were launched to rein scope and relied upon for additional remotely, and provide the military trieve wreckage and the airmen’s re- steps taken in Executive Order 13315 of with a faster alternative to the un- mains, but the wreckage was in a August 28, 2003, Executive Order 13350 manned vehicles they presently have. water-filled crater making it too dif- of July 29, 2004, Executive Order 13364 The Howe brothers take pride in ficult and dangerous. But, in 2005 At- of November 29, 2004, and Executive their work, and industry experts are kins’ remains were identified using Order 13438 of July 17, 2007, is to con- certainly taking notice. The Ripsaw DNA that was donated in 2007 by his tinue in effect beyond May 22, 2009.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5696 CONGRESSIONAL RECORD — SENATE May 20, 2009 Obstacles to the orderly reconstruc- MARKEY of Massachusetts, Ms. SLAUGH- ronmental Protection Agency, transmitting, tion of Iraq, the restoration and main- TER of New York, Mr. MCINTYRE of pursuant to law, the report of a rule entitled tenance of peace and security in the North Carolina, Mr. BUTTERFIELD of ‘‘Iodosulfuron-methyl-sodium; Pesticide Tol- erances’’ (FRL–8412–6) received in the Office country, and the development of polit- North Carolina, Mr. SMITH of New Jer- of the President of the Senate on May 15, ical, administrative, and economic in- sey, Mr. ADERHOLT of Alabama, Mr. 2009; to the Committee on Agriculture, Nu- stitutions in Iraq continue to pose an PITTS of Pennsylvania, and Mr. ISSA of trition, and Forestry. unusual and extraordinary threat to California. EC–1671. A communication from the Acting the national security and foreign pol- At 2:50 p.m., a message from the Under Secretary of Defense (Personnel and icy of the United States. Accordingly, I House of Representatives, delivered by Readiness), Department of Defense, trans- have determined that it is necessary to Ms. Niland, one of its reading clerks, mitting, pursuant to law, the Department’s continue the national emergency with announced that the House agrees to annual report on Joint Officer Management; to the Committee on Armed Services. respect to this threat and maintain in the amendment of the Senate to the EC–1672. A communication from the Sec- force the measures taken to deal with bill (H.R. 627) to amend the Truth in retary of Defense, transmitting a report on that national emergency. Lending Act to establish fair and the approved retirement of Lieutenant Gen- BARACK OBAMA. transparent practices relating to the eral Clyde A. Vaughn, Army National Guard THE WHITE HOUSE, May 19, 2009. extension of credit under an open end of the United States, and his advancement to the grade of lieutenant general on the re- f consumer credit plan, and for other purposes. tired list; to the Committee on Armed Serv- MESSAGES FROM THE HOUSE ices. f EC–1673. A communication from the Gen- MEASURES REFERRED eral Counsel, Department of Defense, trans- ENROLLED BILL SIGNED mitting, the report of legislative proposals The following bills were read the first relative to the National Defense Authoriza- At 10:49 a.m., a message from the and the second times by unanimous tion Bill for Fiscal Year 2010; to the Com- House of Representatives, delivered by consent, and referred as indicated: mittee on Armed Services. Ms. Niland, one of its reading clerks, H.R. 1088. An act to amend title 38, United EC–1674. A communication from the Sec- announced that the Speaker has signed States Code, to provide for a one-year period retary of the Treasury, transmitting, pursuant to law, a six-month periodic report on the following enrolled bill: for the training of new disabled veterans’ outreach program specialists and local vet- the national emergency with respect to Iran S. 896. An Act to prevent mortgage fore- erans’ employment representatives by Na- that was declared in Executive Order 12170 of closures and enhance mortgage credit avail- tional Veterans’ Employment and Training November 14, 1979; to the Committee on ability. Services Institute; to the Committee on Vet- Banking, Housing, and Urban Affairs. The enrolled bill was subsequently erans’ Affairs. EC–1675. A communication from the Prin- signed by the Acting president pro H.R. 1089. To amend title 38, United States cipal Deputy, Defense Research and Engi- neering, Department of Defense, transmit- tempore (Mr. REID). Code, to provide for the enforcement through the Office of Special Counsel of the employ- ting, pursuant to law, a report entitled ‘‘De- fense Production Act Annual Fund Report At 11:53 a.m., a message from the ment and reemployment rights of veterans and members of the Armed Forces employed for Fiscal Year 2008’’; to the Committee on House of Representatives, delivered by Banking, Housing, and Urban Affairs. Ms. Niland, one of its reading clerks, by Federal executive agencies, and for other purposes; to the Committee on Veterans’ Af- EC–1676. A communication from the Regu- announced that the House has passed fairs. latory Specialist, Office of the Comptroller the following bills, in which it requests H.R. 1170. An act to amend chapter 21 of of the Currency, Department of the Treas- the concurrence of the Senate: title 38, United States Code, to establish a ury, transmitting, pursuant to law, the report of a rule entitled ‘‘Fair Credit Report- H.R. 1088. An Act to amend title 38, United grant program to encourage the development ing Affiliate Marketing Regulations; Iden- States Code, to provide for a one-year period of new assistive technologies for specially tity Theft Red Flags and Address Discrep- for the training of new disabled veterans’ adapted housing; to the Committee on Vet- ancies Under the Fair and Accurate Credit outreach program specialists and local veterans’ Affairs. Transactions Act of 2003’’ (RIN1557–AD14) re- erans’ employment representatives by Na- The following concurrent resolution ceived in the Office of the President of the tional Veterans’ Employment and Training was read, and referred as indicated: Senate on May 14, 2009; to the Committee on Services Institute. H. Con. Res. 120. Concurrent resolution Banking, Housing, and Urban Affairs. H.R. 1089. An Act to amend title 38, United supporting the goals and ideals of National EC–1677. A communication from the Direc- States Code, to provide for the enforcement Women’s Health Week, and for other pur- tor, Regulatory Management Division, Envi- through the Office of Special Counsel of the poses; to the Committee on Health, Edu- ronmental Protection Agency, transmitting, employment and reemployment rights of cation, Labor, and Pensions. pursuant to law, the report of a rule entitled veterans and members of the Armed Forces f ‘‘Approval and Promulgation of Implementa- employed by Federal executive agencies, and tion Plans; New Jersey Reasonable Further for other purposes. ENROLLED BILL PRESENTED Progress Plans, Reasonably Available Con- H.R. 1170. An Act to amend chapter 21 of trol Technology, Reasonably Available Con- title 38, United States Code, to establish a The Secretary of the Senate reported that today, May 20, 2009, she had pre- trol Measures and Conformity Budgets’’ grant program to encourage the development (FRL–8905–7) received in the Office of the of new assistive technologies for special sented to the President of the United President of the Senate on May 13, 2009; to adapted housing. States the following enrolled bill: the Committee on Environment and Public H.R. 2182. An Act to amend the American S. 896. An Act to prevent mortgage fore- Works. Recovery and Reinvestment Act of 2009 to closures and enhance mortgage credit avail- EC–1678. A communication from the Direc- provide for enhanced State and local over- ability. tor, Regulatory Management Division, Envi- sight of activities conducted pursuant to f ronmental Protection Agency, transmitting, such Act, and for other purposes. pursuant to law, the report of a rule entitled The message also announced that the EXECUTIVE AND OTHER ‘‘Delegation of New Source Performance House has agreed to the following con- COMMUNICATIONS Standards and National Emission Standards current resolution, in which it requests The following communications were for Hazardous Air Pollutants for the States the concurrence of the Senate: laid before the Senate, together with of Arizona, California, Hawaii, and Nevada’’ (FRL–8905–8) received in the Office of the H. Con. Res. 120. Concurrent resolution accompanying papers, reports, and doc- President of the Senate on May 13, 2009; to supporting the goals and ideals of National uments, and were referred as indicated: the Committee on Environment and Public Women’s Health Week, and for other pur- EC–1669. A communication from the Direc- Works. poses. tor, Regulatory Management Division, Envi- EC–1679. A communication from the Direc- The message further announced that ronmental Protection Agency, transmitting, tor, Regulatory Management Division, Envi- pursuant to 22 U.S.C. 3003, and the pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, order of the House of January 6, 2009, ‘‘Carbofuran; Final Tolerance Revocations’’ pursuant to law, the report of a rule entitled the Speaker appoints the following (FRL–8413–3) received in the Office of the ‘‘Prevention of Significant Deterioration President of the Senate on May 13, 2009; to (PSD) and Nonattainment New Source Re- Members of the House of Representa- the Committee on Agriculture, Nutrition, view (NSR): Aggregation’’ (FRL–8904–5) re- tives to the Commission on Security and Forestry. ceived in the Office of the President of the and Cooperation in Europe: Mr. EC–1670. A communication from the Direc- Senate on May 13, 2009; to the Committee on HASTINGS of Florida, Co-Chairman, Mr. tor, Regulatory Management Division, Envi- Environment and Public Works.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5697 EC–1680. A communication from the Direc- 32) received in the Office of the President of ‘‘Safety Zone; Allegheny River, Pittsburgh, tor, Regulatory Management Division, Envi- the Senate on May 15, 2009; to the Committee PA’’ ((RIN1625–AA00)(Docket No. USCG–2009– ronmental Protection Agency, transmitting, on Homeland Security and Governmental Af- 0149)) received in the Office of the President pursuant to law, the report of a rule entitled fairs. of the Senate on May 11, 2009; to the Com- ‘‘Approval and Promulgation of Air Quality EC–1689. A communication from the Assist- mittee on Commerce, Science, and Transpor- Implementation Plans; Michigan; Consumer ant Attorney General, Office of Legislative tation. Product Rule’’ (FRL–8908–1) received in the Affairs, Department of Justice, transmit- EC–1698. A communication from the Attor- Office of the President of the Senate on May ting, pursuant to law, an annual report on ney Advisor, U.S. Coast Guard, Department 15, 2009; to the Committee on Environment applications made by the Government for au- of Homeland Security, transmitting, pursu- and Public Works. thority to conduct electronic surveillance ant to law, the report of a rule entitled EC–1681. A communication from the Direc- and physical searches during calendar year ‘‘Safety Zone; Red Bull Air Races; San Diego tor, Regulatory Management Division, Envi- 2008; to the Committee on the Judiciary. Bay, San Diego, CA’’ ((RIN1625–AA00)(Docket ronmental Protection Agency, transmitting, EC–1690. A communication from the Attor- No. USCG–2009–0119)) received in the Office of pursuant to law, the report of a rule entitled ney Advisor, U.S. Coast Guard, Department the President of the Senate on May 11, 2009; ‘‘Approval and Promulgation of Air Quality of Homeland Security, transmitting, pursu- to the Committee on Commerce, Science, Implementation Plans; Minnesota’’ (FRL– ant to law, the report of a rule entitled and Transportation. 8907–3) received in the Office of the President ‘‘Drawbridge Operation Regulations; Smith EC–1699. A communication from the Attor- of the Senate on May 15, 2009; to the Com- Creek at Wilmington, NC’’ ((RIN1625– ney Advisor, U.S. Coast Guard, Department mittee on Environment and Public Works. AA09)(Docket No. USCG–2008–0302)) received of Homeland Security, transmitting, pursu- EC–1682. A communication from the Direc- in the Office of the President of the Senate ant to law, the report of a rule entitled ‘‘Al- tor, Regulatory Management Division, Envi- on May 11, 2009; to the Committee on Com- ternate Compliance Program: Vessel Inspec- ronmental Protection Agency, transmitting, merce, Science, and Transportation. tion’’ ((RIN1625–AA92)(Docket No. USCG– pursuant to law, the report of a rule entitled EC–1691. A communication from the Attor- 2004–19823)) received in the Office of the ‘‘Louisiana: Final Authorization of State ney Advisor, U.S. Coast Guard, Department President of the Senate on May 11, 2009; to Hazardous Waste Management Program Re- of Homeland Security, transmitting, pursu- the Committee on Commerce, Science, and vision’’ (FRL–8905–4) received in the Office of ant to law, the report of a rule entitled Transportation. the President of the Senate on May 15, 2009; ‘‘Crewmember Identification Documents’’ EC–1700. A communication from the Attor- to the Committee on Environment and Pub- ((RIN1625–AB19)(Docket No. USCG–2007– ney Advisor, U.S. Coast Guard, Department lic Works. 28648)) received in the Office of the President of Homeland Security, transmitting, pursu- EC–1683. A communication from the Direc- of the Senate on May 11, 2009; to the Com- ant to law, the report of a rule entitled tor, Regulatory Management Division, Envi- mittee on Commerce, Science, and Transpor- ‘‘Safety Zone; Corrections; Hatteras Boat ronmental Protection Agency, transmitting, tation. Parade and Firework Display, Trent River, pursuant to law, the report of a rule entitled EC–1692. A communication from the Attor- New Bern, NC’’ ((RIN1625–AA00)(Docket No. ‘‘The Treatment of Data Influenced by Ex- ney Advisor, U.S. Coast Guard, Department USCG–2008–0309 formerly USCG–2008–0046)) ceptional Events (Exceptional Event Rule): of Homeland Security, transmitting, pursu- received in the Office of the President of the Revised Exceptional Event Data Flagging ant to law, the report of a rule entitled Senate on May 11, 2009; to the Committee on Submittal and Documentation Schedule for ‘‘Safety Zone; Blue Water Resort and Casino Commerce, Science, and Transportation. Monitoring Data Used in Designations for APBA National Tour Rounds 1 & 2; Colorado EC–1701. A communication from the Attor- the 2008 Ozone NAAQS’’ (FRL–8907–1) re- River, Parker AZ’’ ((RIN1625–AA00)(Docket ney Advisor, U.S. Coast Guard, Department ceived in the Office of the President of the No. USCG–2008–1220)) received in the Office of of Homeland Security, transmitting, pursu- Senate on May 15, 2009; to the Committee on the President of the Senate on May 11, 2009; ant to law, the report of a rule entitled Environment and Public Works. to the Committee on Commerce, Science, ‘‘Safety Zone; IJSBA World Finals, Colorado EC–1684. A communication from the Chief and Transportation. River, Lake Havasu City, AZ’’ ((RIN1625– of the Border Security Regulations Branch, EC–1693. A communication from the Attor- AA00)(Docket No. USCG–2008–0320)) received Customs and Border Protection, Department ney Advisor, U.S. Coast Guard, Department in the Office of the President of the Senate of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- on May 11, 2009; to the Committee on Com- ant to law, the report of a rule entitled ‘‘Ex- ant to law, the report of a rule entitled merce, Science, and Transportation. tension of Port Limits of St. Louis, Mis- ‘‘Safety Zone; Mill Creek, Fort Monroe, VA, EC–1702. A communication from the Attor- souri’’ (CBP Dec. 09–16) received in the Office USNORTHCOM Civic Leader Tour and Avia- ney Advisor, U.S. Coast Guard, Department of the President of the Senate on May 14, tion Demonstration’’ ((RIN1625– of Homeland Security, transmitting, pursu- 2009; to the Committee on Finance. AA00)(Docket No. USCG–2009–0263)) received ant to law, the report of a rule entitled EC–1685. A communication from the Broad- in the Office of the President of the Senate ‘‘Safety Zones (including 2 regulations): casting Board of Governors, transmitting, on May 11, 2009; to the Committee on Com- [USCG–2008–0245], [USCG–2008–0246]’’ pursuant to law, the Board’s Annual Report merce, Science, and Transportation. (RIN1625–AA00) received in the Office of the for 2008; to the Committee on Foreign Rela- EC–1694. A communication from the Attor- President of the Senate on May 11, 2009; to tions. ney Advisor, U.S. Coast Guard, Department the Committee on Commerce, Science, and EC–1686. A communication from the Direc- of Homeland Security, transmitting, pursu- Transportation. tor of the Regulations Policy and Manage- ant to law, the report of a rule entitled EC–1703. A communication from the Attor- ment Staff, Food and Drug Administration, ‘‘Safety Zone; Allegheny River, Pittsburgh, ney Advisor, U.S. Coast Guard, Department Department of Health and Human Services, PA’’ ((RIN1625–AA00)(Docket No. USCG–2009– of Homeland Security, transmitting, pursu- transmitting, pursuant to law, the report of 0175)) received in the Office of the President ant to law, the report of a rule entitled ‘‘Spe- a rule entitled ‘‘Revision of the Require- of the Senate on May 11, 2009; to the Com- cial Local Regulations for Marine Events; ments for Publication of License Revoca- mittee on Commerce, Science, and Transpor- Severn River, College Creek, Weems Creek tion’’ (Docket No. FDA–2009–N–0100) received tation. and Carr Creek, Annapolis, MD’’ ((RIN1625– in the Office of the President of the Senate EC–1695. A communication from the Attor- AA08)(Docket No. USCG–2008–0154)) received on May 14, 2009; to the Committee on Health, ney Advisor, U.S. Coast Guard, Department in the Office of the President of the Senate Education, Labor, and Pensions. of Homeland Security, transmitting, pursu- on May 11, 2009; to the Committee on Com- EC–1687. A communication from the Direc- ant to law, the report of a rule entitled merce, Science, and Transportation. tor of the Regulations Policy and Manage- ‘‘Safety Zone; Barge BDL235, Pago Pago Har- EC–1704. A communication from the Acting ment Staff, Food and Drug Administration, bor, American Samoa’’ ((RIN1625– Chairman, Surface Transportation Board, Department of Health and Human Services, AA00)(Docket No. USCG–2009–0159)) received Department of Transportation, transmitting, transmitting, pursuant to law, the report of in the Office of the President of the Senate pursuant to law, the report of a rule entitled a rule entitled ‘‘Substances Prohibited From on May 11, 2009; to the Committee on Com- ‘‘STB Ex Parte No. 542 (Sub–No. 16) Regula- Use in Animal Food or Feed; Confirmation of merce, Science, and Transportation. tions Governing Fees for Services Performed Effective Date of Final Rule; Correction’’ EC–1696. A communication from the Attor- in Connection With Licensing and Related (RIN0910–AF46) received in the Office of the ney Advisor, U.S. Coast Guard, Department Services—2009 Update’’ (Board Decision No. President of the Senate on May 14, 2009; to of Homeland Security, transmitting, pursu- 39783) received in the Office of the President the Committee on Health, Education, Labor, ant to law, the report of a rule entitled of the Senate on May 13, 2009; to the Com- and Pensions. ‘‘Safety Zone; St. Thomas Harbor, Charlotte mittee on Commerce, Science, and Transpor- EC–1688. A communication from the Senior Amalie, U.S.V.I.’’ ((RIN1625–AA00)(Docket tation. Procurement Executive, Office of the Chief No. USCG–2009–0179)) received in the Office of EC–1705. A communication from the Chief Acquisition Officer, General Services Admin- the President of the Senate on May 11, 2009; of Staff, Media Bureau, Federal Communica- istration, Department of Defense, and Na- to the Committee on Commerce, Science, tions Commission, transmitting, pursuant to tional Aeronautics and Space Administra- and Transportation. law, the report of a rule entitled ‘‘Amend- tion, transmitting, pursuant to law, the re- EC–1697. A communication from the Attor- ment of Section 73.622(i), Final DTV Table of port of a rule entitled ‘‘Federal Acquisition ney Advisor, U.S. Coast Guard, Department Allotments, Television Broadcast Stations; Regulation; Federal Acquisition Circular of Homeland Security, transmitting, pursu- Derby, Kansas’’ (MB Docket No. 09–33) re- 2005–32, Technical Amendments’’ (FAC 2005– ant to law, the report of a rule entitled ceived in the Office of the President of the

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5698 CONGRESSIONAL RECORD — SENATE May 20, 2009 Senate on May 14, 2009; to the Committee on period for participants in Social Security able Barack Obama, President of the United Commerce, Science, and Transportation. Disability Insurance; to the Committee on States, the President of the United States EC–1706. A communication from the Chief Finance. Senate, the Speaker of the House of Rep- of Staff, Media Bureau, Federal Communica- SENATE JOINT MEMORIAL 8013 resentatives, and each member of Congress tions Commission, transmitting, pursuant to Whereas, created in 1965, the federal Medi- from the State of Washington. law, the report of a rule entitled ‘‘Promoting care program provides health insurance cov- Diversification of Ownership in the Broad- erage for more than 40 million Americans; POM–22. A joint memorial adopted by the casting Services’’ (MB Docket No. 07–294) re- although most of those enrolled are senior Legislature of the State of Washington rel- ceived in the Office of the President of the citizens, approximately 6 million enrollees ative to the United Nations Convention on Senate on May 14, 2009; to the Committee on under the age of 65 have qualified because of the Elimination of All Forms of Discrimina- Commerce, Science, and Transportation. permanent and severe disabilities, such as tion Against Women; to the Committee on f spinal cord injuries, multiple sclerosis, car- Foreign Relations. SENATE JOINT MEMORIAL 8012 PETITIONS AND MEMORIALS diovascular disease, cancer, or other illness or disorder; and Whereas, the Convention on the Elimi- The following petitions and memo- Whereas, despite the physical and financial nation of All Forms of Discrimination rials were laid before the Senate and hardships wrought by these conditions and Against Women was adopted by the United were referred or ordered to lie on the the fact that Social Security Disability In- Nations General Assembly on December 18, table as indicated: surance (SSDI) is designed for individuals 1979, became an international treaty on Sep- with a work history who paid into the social tember 3, 1981, and by August 2006, one hun- POM–20. A joint memorial adopted by the security system before the onset of their dis- dred eighty-five nations including all of the Legislature of the State of Washington rel- ability, federal law mandates a 24 month industrialized world, except the United ative to the United States Fish and Wildlife waiting period from the time a disabled indi- States, have agreed to pursue the Conven- Service working cooperatively with the vidual first receives SSDI benefits to the tion’s goals; and state’s regulatory agencies and energy pro- time Medicare coverage begins; a pre- Whereas, the United States supports and ducers; to the Committee on Energy and requisite to Medicare, the SSDI program has a position of leadership in the United Na- Natural Resources. itself delays benefits for 5 months while the tions, was an active participant in the draft- SENATE JOINT MEMORIAL 8001 person’s disability is determined, effectively ing of the Convention and signed the Conven- Whereas, in 2006 the voters passed Initia- creating a 29 month waiting period for Medi- tion in 1980, but to date has not ratified it; tive No. 937, targets for energy conservation care; and and and the use of eligible resources, including Whereas, this restriction affects a signifi- Whereas, the spirit of the Convention is to wind, by the state’s large utilities; and cant number of Americans in need; as of Jan- affirm faith in fundamental human rights, in Whereas, in 2007 the Legislature adopted uary 2002, there were approximately 1.2 mil- the dignity and worth of each person, and in the goals of reducing greenhouse gas emis- lion disabled persons who qualified for SSDI the goal of equal rights, opportunities, and sions to 1990 levels by 2020, reducing emis- and were awaiting Medicare coverage, many protections for women and girls; and sions to 25 percent below 1990 levels by 2035, of whom were unemployed because of their Whereas, the Convention provides a com- and reducing emissions to 50 percent below disability; consequently, under these condi- prehensive framework for advancing the 1990 levels by 2050; and tions, by the time Medicare began, an esti- rights, opportunities, and protections for Whereas, during this time of economic un- mated 77 percent of those individuals would women and girls, half the world’s population, certainty, the construction and operation of be poor or nearly poor, 45 percent would have which framework is implemented by indi- wind and other alternative energy sites pre- incomes below the federal poverty line, and vidual countries in ways appropriate to their sents an opportunity to bring new jobs and close to 40 percent would be enrolled in state own countries; and valuable economic opportunities to Wash- Medicaid programs; and Whereas, much research has found that ington communities; and Whereas, furthermore, it has been esti- discrimination based on sex results in less Whereas, the increased use of wind and mated that as many as one-third of the indi- education for girls and women, fewer job op- other alternative energy resources produced viduals currently awaiting coverage may be portunities and lower pay for women, slower in Washington will help move the state to- uninsured and likely to incur significant national economic productivity and growth, wards energy independence, and help to de- medical expenses during the 2 year waiting and retards the ability of developing coun- crease the billions of dollars Washingtonians period, often with devastating consequences; tries to grow their economies and contribute currently pay each year for imported fuel; studies indicate that the uninsured are like- to global economic recovery; and and ly to delay or forgo needed care, leading to Whereas, women in every country play fun- Whereas, the federal endangered species worsening health and even premature death, damentally important economic roles in act (16 U.S.C. Sec. 1531 et seq.) can pose sig- and the American Medical Association has their economies and frequently constitute nificant challenges, including regulatory un- determined that death rates among SSDI re- the major economic support for their fami- certainty, for those seeking to develop wind cipients are the highest in the first 24 lies; and and other alternative energy projects in lo- months of enrollment; and Whereas, although women in many parts of cations that could potentially impact any Whereas, eliminating the 24 month waiting the world have made major gains in strug- wildlife listed as threatened or endangered; period not only would prevent worsening ill- gles for equality in social, business, polit- and ness and disability for SSDI beneficiaries, ical, legal, education, and other fields, much Whereas, the United States Fish and Wild- thereby reducing more costly future medical more needs to be accomplished; and life Service, housed within the United States needs and potential longterm reliance on Whereas, through its active support and Department of the Interior, is the agency public health care programs, but could also moral leadership, the United States can help with primary responsibility for imple- save the Medicaid program as much as 4.3 create a world where women and girls have menting and enforcing the federal endan- billion dollars at 2002 program levels, includ- equal legal protections, human rights, edu- gered species act; ing nearly 1.8 billion dollars in savings to cation and economic opportunities, personal Now, Therefore, Your Memorialists re- states and 2.5 billion dollars in federal sav- safety, health care, and more; spectfully pray that the United States Fish ings that would help offset a substantial por- Now, therefore, your Memorialists respect- and Wildlife Service work cooperatively with tion of the accompanying increase in Medi- fully pray that President Obama and Sec- the state’s regulatory agencies and energy care expenditures; and retary Clinton place the United Nations Con- producers to resolve these federal endan- Whereas, recognizing the consequences of vention on the Elimination of All Forms of gered species act issues in a manner that al- the waiting period to those suffering from Discrimination Against Women in the high- lows the continued development of Washing- amyotrophic lateral sclerosis (ALS), or Lou est category of priority in order to accel- ton’s wind and other alternative energy re- Gehrig’s disease, the 106th Congress passed erate the treaty’s passage through the Sen- sources while at the same time protecting H.R. 5661 in 2000 and eliminated the require- ate Foreign Relations Committee and the threatened and endangered wildlife. ment for enrollees diagnosed with the dis- full United States Senate with the goal of Be it resolved, That copies of this Memo- ease; in passing H.R. 5661, the congress ac- ratification by the United States; and that rial be immediately transmitted to the Hon- knowledged the enormous difficulties faced the Washington State Legislature urge the orable Barack Obama, President of the by those diagnosed with severe disabilities Senate Foreign Relations Committee to pass United States, the Secretary of the Depart- and established precedent for the exception this treaty favorably out of Committee and ment of the Interior, the President of the to be extended to all the disabled on the recommend it be approved by the full United United States Senate, the Speaker of the Medicare waiting list; States Senate: Be it House of Representatives, and each member Now, therefore, your Memorialists respect- Resolved, That copies of this Memorial be of Congress from the State of Washington. fully urge the United States Congress to immediately transmitted to the Honorable enact legislation to eliminate the 24 month Barack Obama, President of the United POM–21. A joint memorial adopted by the Medicare waiting period for participants in States, Hillary Clinton, Secretary of State, Legislature of the State of Washington rel- Social Security Disability Insurance. Hilda Solis, Secretary of Labor, the Presi- ative to urging the enactment of legislation Be it resolved, that copies of this Memorial dent of the United States Senate, the Speak- to eliminate the 24 month Medicare waiting be immediately transmitted to the Honor- er of the House of Representatives, and each

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5699 member of Congress from the State of Wash- bers of the most highly decorated military The PRESIDING OFFICER. Without ington. unit of its size in the history of the United objection, it is so ordered. States Armed Forces, with twenty-one Medal POM–23. A joint memorial adopted by the of Honor recipients, numerous Purple *National Oceanic and Atmospheric Ad- Legislature of the State of Washington rel- Hearts, and many other awards; and ministration nominations beginning with ative to electronic medical and health Whereas, tens of thousands of lives were Mark H. Pickett and ending with Ryan A. records; to the Committee on Health, Edu- saved because the MIS used their knowledge Wartick, which nominations were received cation, Labor, and Pensions. of Japanese language and culture to help the by the Senate and appeared in the Congres- SENATE JOINT MEMORIAL 8003 Allies end the Second World War quickly in sional Record on May 14, 2009. Whereas, expanded health information the Pacific; and *National Oceanic and Atmospheric Ad- technology has the potential to revolutionize Whereas, the Nisei veterans’ proud Amer- ministration nominations beginning with the delivery of health care in the United ican legacy continues, however many Nisei Heather L. Moe and ending with Marina O. States by enabling continuity of care, im- veterans have passed away and those still Kosenko, which nominations were received proving cost efficiency, lowering rates of alive are now in their eighties and nineties; by the Senate and appeared in the Congres- medical malpractice, decreasing duplicative and sional Record on May 14, 2009. Whereas, these Nisei veterans should be care, providing better care management for By Mr. KERRY for the Committee on For- publicly commemorated; eign Relations. patients, and producing better health out- Now, therefore, your Memorialists respect- comes; and fully pray that the United States Postal *Judith A. McHale, of Maryland, to be Whereas, major investments in the hard- Service issue a postage stamp in commemo- Under Secretary of State for Public Diplo- ware and software infrastructure required to ration of the Nisei veterans’ service in the macy. facilitate the expansion of health informa- United States Armed Forces during the Sec- *Robert Orris Blake, Jr., of Maryland, a tion technology are being made now by ond World War: Be it Career Member of the Senior Foreign Serv- health care providers; and Resolved, That copies of this Memorial be ice, Class of Minister-Counselor, to be Assist- Whereas, the health information systems immediately transmitted to the Honorable ant Secretary of State for South Asian Af- currently being constructed are often in- Barack Obama, President of the United fairs. capable of communicating with each other; States, the President of the United States By Mr. DODD for Mr. KENNEDY for the and Senate, the Speaker of the House of Rep- Committee on Health, Education, Labor, and Whereas, the costs to providers of main- resentatives, and each Member of Congress Pensions. taining incompatible systems in the name of from the State of Washington. proprietary licensing will grow exponen- *Seth David Harris, of New Jersey, to be tially with every delay in reaching a uni- f Deputy Secretary of Labor. versal standard of interoperability; and REPORTS OF COMMITTEES *Linda A. Puchala, of Maryland, to be a Whereas, the benefit from health informa- Member of the National Mediation Board for tion technology is only derived from the The following reports of committees a term expiring July 1, 2009. ability of systems to communicate with each were submitted: *Linda A. Puchala, of Maryland, to be a other on a fully compatible platform; and By Mr. LIEBERMAN, from the Committee Member of the National Mediation Board for Whereas, a national public-private partner- on Homeland Security and Governmental Af- a term expiring July 1, 2012. ship has recently commenced with leader- fairs, without amendment: H.R. 663. A bill to designate the facility of *John Q. Easton, of Illinois, to be Director ship from the United States department of of the Institute of Education Science, De- health and human services to define stand- the United States Postal Service located at 12877 Broad Street in Sparta, Georgia, as the partment of Education for a term of six ards of interoperability with the goal of im- years. plementing electronic health records for all ‘‘Yvonne Ingram-Ephraim Post Office Build- By Mr. LIEBERMAN for the Committee on Americans by the year 2014; ing’’. Now, therefore, your Memorialists respect- H.R. 918. A bill to designate the facility of Homeland Security and Governmental Af- fully pray that Congress institute a date cer- the United States Postal Service located at fairs. tain, no later than January 1, 2013, at which 300 East 3rd Street in Jamestown, New York, *Marisa J. Demeo, of the District of Co- time all vendors, suppliers, and manufactur- as the ‘‘Stan Lundine Post Office Building’’. lumbia, to be an Associate Judge of the Su- ers of health information technology must H.R. 1284. A bill to designate the facility of perior Court of the District of Columbia for comply with a uniform national standard of the United States Postal Service located at the term of fifteen years. interoperability, such that all electronic 103 West Main Street in McLain, Mississippi, *Florence Y. Pan, of the District of Colum- medical and health records can be readily as the ‘‘Major Ed W. Freeman Post Office’’. bia, to be an Associate Judge of the Superior H.R. 1595. A bill to designate the facility of shared and accessed across all health care Court of the District of Columbia for the the United States Postal Service located at providers and institutions while at the same term of fifteen years. 3245 Latta Road in Rochester, New York, as time preserving the proprietary nature of *Cass R. Sunstein, of Massachusetts, to be the ‘‘Brian K. Schramm Post Office Build- health information technology producers Administrator of the Office of Information ing’’. that will encourage future innovation and and Regulatory Affairs, Office of Manage- competition: Be it f ment and Budget. Resolved, That copies of this Memorial be EXECUTIVE REPORTS OF *David Heyman, of the District of Colum- immediately transmitted to the Honorable COMMITTEES bia, to be an Assistant Secretary of Home- Barack Obama, President of the United land Security. States, the Secretary of the United States The following executive reports of nominations were submitted: *Robert M. Groves, of Michigan, to be Di- Department of Health and Human Services, rector of the Census. the Governor of the State of Washington, the By Mr. ROCKEFELLER for the Committee President of the United States Senate, the on Commerce, Science, and Transportation. *Nomination was reported with rec- Speaker of the House of Representatives, and *Lawrence E. Strickling, of Illinois, to be ommendation that it be confirmed sub- each member of Congress from the State of Assistant Secretary of Commerce for Com- ject to the nominee’s commitment to Washington. munications and Information. *Rebecca M. Blank, of Maryland, to be respond to requests to appear and tes- POM–24. A joint memorial adopted by the Under Secretary of Commerce for Economic tify before any duly constituted com- Legislature of the State of Washington rel- Affairs. mittee of the Senate. ative to the issuance of a commemorative *John D. Porcari, of Maryland, to be Dep- stamp by the United States Postal Service; uty Secretary of Transportation. f to the Committee on Veterans’ Affairs. *J. Randolph Babbitt, of Virginia, to be Administrator of the Federal Aviation Ad- HOUSE JOINT MEMORIAL 4005 ministration for the term of five years. INTRODUCTION OF BILLS AND Whereas, the Nisei veterans of the Second *Aneesh Chopra, of Virginia, to be an Asso- JOINT RESOLUTIONS World War provided the avenue for Japanese- ciate Director of the Office of Science and Americans to prove their loyalty to the Technology Policy. The following bills and joint resolutions were introduced, read the first United States by serving as the ultimate pa- Mr. ROCKEFELLER. Mr. President, triots in the Armed Forces; and and second times by unanimous con- for the Committee on Commerce, Whereas, these veterans served in the 442nd sent, and referred as indicated: Regimental Combat Team, the 100th Infan- Science, and Transportation I report By Mr. GRAHAM (for himself and Mr. try Battalion, and the Military Intelligence favorably the following nomination LIEBERMAN): Service (MIS); and lists which were printed in the RECORD Whereas, the 100th Infantry Battalion and on the dates indicated, and ask unani- S. 1081. A bill to prohibit the release of 442nd Regimental Combat Team of the enemy combatants into the United States; to mous consent, to save the expense of the Committee on the Judiciary. United States Army were comprised of Japa- reprinting on the Executive Calendar nese-Americans who fought in Europe during By Mr. CRAPO (for himself and Mr. the Second World War; and that these nominations lie at the Sec- JOHNSON): Whereas, the 100th Infantry Battalion and retary’s desk for the information of S. 1082. A bill to amend the Internal Rev- 442nd Regimental Combat Team were mem- Senators. enue Code of 1986 to allow individuals to

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5700 CONGRESSIONAL RECORD — SENATE May 20, 2009 defer recognition of reinvested capital gains for increasing motor vehicle fuel efficiency, S. 1104. A bill to amend the Public Health distributions from regulated investment and for other purposes; to the Committee on Service Act to establish the Nurse-Managed companies; to the Committee on Finance. Finance. Health Clinic Investment program, and for By Mr. SCHUMER (for himself and By Mr. WYDEN: other purposes; to the Committee on Health, Mrs. GILLIBRAND): S. 1094. A bill to amend the Internal Rev- Education, Labor, and Pensions. S. 1083. A bill to require that, in the ques- enue Code of 1986 to provide for an energy By Mr. BINGAMAN (for himself and tionnaires used in the taking of any decen- carrier production tax credit, and for other Mr. UDALL of New Mexico): nial census of population, a checkbox or purposes; to the Committee on Finance. S. 1105. A bill to authorize the Secretary of other similar option be included so that re- By Mr. WYDEN: the Interior, acting through the Commis- spondents may indicate Caribbean extrac- S. 1095. A bill to amend the Clean Air Act sioner of Reclamation, to develop water in- tion or descent; to the Committee on Home- to convert the renewable fuel standard into a frastructure in the Rio Grande Basin, and to land Security and Governmental Affairs . low-carbon fuel standard, and for other pur- approve the settlement of the water rights By Mrs. GILLIBRAND (for herself and poses; to the Committee on Environment and claims of the Pueblos of Nambe, Pojoaque, Mr. SCHUMER): Public Works. San Ildefonso, and Tesuque; to the Com- S. 1084. A bill to require that, in the ques- By Mr. WYDEN: mittee on Indian Affairs. tionnaires used in the taking of any decen- S. 1096. A bill to require the Secretary of By Mrs. LINCOLN (for herself, Ms. nial census of population, a checkbox or Energy to establish an EnergyGrant Com- LANDRIEU, and Mr. BURRIS): other similar option be included so that re- petitive Education Program to competi- S. 1106. A bill to amend title 10, United spondents may indicate Dominican extrac- tively award grants to consortia of institu- States Code, to require the provision of med- tion or descent; to the Committee on Home- tions of higher education in regions to con- ical and dental readiness services to certain land Security and Governmental Affairs . duct research, extension, and education pro- members of the Selected Reserve and Indi- By Mr. MENENDEZ (for himself, Mrs. grams relating to the energy needs of the re- vidual Ready Reserve based on medical need, GILLIBRAND, Mr. KENNEDY, and Mr. gion; to the Committee on Energy and Nat- and for other purposes; to the Committee on SCHUMER): ural Resources. Armed Services. S. 1085. A bill to amend the Immigration By Mr. WYDEN: By Mr. DURBIN (for himself, Mr. and Nationality Act to promote family S. 1097. A bill to require the Secretary of GRAHAM, and Mr. HATCH): unity, and for other purposes; to the Com- Energy, in coordination with the Secretary S. 1107. A bill to amend title 28, United mittee on the Judiciary. of Labor, to establish a program to provide States Code, to provide for a limited 6-month By Mr. ENZI (for himself, Mr. DORGAN, for workforce training and education, at period for Federal judges to opt into the Ju- Mr. JOHNSON, and Mr. GRASSLEY): community colleges, in sustainable energy; dicial Survivors’ Annuities System and begin S. 1086. A bill to amend the Packers and to the Committee on Energy and Natural Re- contributing toward an annuity for their Stockyards Act, 1921, to prohibit the use of sources. spouse and dependent children upon their certain anti-competitive forward contracts; By Mr. WYDEN: death, and for other purposes; to the Com- to the Committee on Agriculture, Nutrition, S. 1098. A bill to establish EnergySmart mittee on the Judiciary. and Forestry. transport corridors to promote the planning By Mr. LAUTENBERG (for himself, By Mr. KERRY: and development of measures that will in- Mr. MENENDEZ, Mr. DODD, and Mr. S. 1087. A bill to amend the Internal Rev- crease the energy efficiency of the Interstate LIEBERMAN): enue Code of 1986 to repeal certain tax incen- System and reduce the emission of green- S. 1108. A bill to require application of tives related to oil and gas; to the Com- house gases and other environmental pollut- budget neutrality on a national basis in the mittee on Finance . ants, and for other purposes; to the Com- calculation of the Medicare hospital wage By Ms. LANDRIEU: mittee on Environment and Public Works. index floor for each all-urban and rural S. 1088. A bill to authorize certain con- By Mr. COBURN (for himself, Mr. State; to the Committee on Finance. struction in coastal high hazard areas using BURR, Mr. BUNNING, Mr. CHAMBLISS, By Mrs. GILLIBRAND: assistance under the Robert T. Stafford Dis- Mr. ALEXANDER, and Mr. INHOFE): S. 1109. A bill to provide veterans with in- aster Relief and Emergency Assistance Act; S. 1099. A bill to provide comprehensive so- dividualized notice about available benefits, to the Committee on Homeland Security and lutions for the health care system of the to streamline application processes or the Governmental Affairs. United States, and for other purposes; to the benefits, and for other purposes; to the Com- By Mr. BAUCUS (for himself, Mr. Committee on Finance. mittee on Veterans’ Affairs. CRAPO, Ms. CANTWELL, Mr. ROBERTS, By Mr. LIEBERMAN (for himself, Mr. By Mr. REID (for Mr. ROCKEFELLER): Ms. LANDRIEU, Mr. BINGAMAN, Mrs. GRAHAM, and Mr. MCCAIN): S. 1110. A bill to amend title XVIII of the LINCOLN, Mr. HARKIN, Mrs. MURRAY, S. 1100. A bill to provide that certain pho- Social Security Act to create a sensible in- Mr. PRYOR, Mr. BOND, Mr. JOHNSON, tographic records relating to the treatment frastructure for delivery system reform by Mr. DORGAN, Mr. WYDEN, Mr. LUGAR, of any individual engaged, captured, or de- renaming the Medicare Payment Advisory Mrs. MCCASKILL, and Mr. ENZI): tained after September 11, 2001, by the Commission, making the Commission an ex- S. 1089. A bill to facilitate the export of Armed Forces of the United States in oper- ecutive branch agency, and providing the United States agricultural commodities and ations outside the United States shall not be Commission new resources and authority to products to Cuba as authorized by the Trade subject to disclosure under section 552 of implement Medicare payment policy; to the Sanctions Reform and Export Enhancement title 5, United States Code (commonly re- Committee on Finance. Act of 2000, to establish an agricultural ex- ferred to as the Freedom of Information By Mr. REID (for Mr. ROCKEFELLER): port promotion program with respect to Act); to the Committee on the Judiciary. S. 1111. A bill to require the Secretary of Cuba, to remove impediments to the export By Ms. STABENOW (for herself and Health and Human Services to enter into to Cuba of medical devices and medicines, to Mr. LEVIN): agreements with States to resolve out- allow travel to Cuba by United States citi- S. 1101. A bill to amend the Federal Food, standing claims for reimbursement under the zens and legal residents, to establish an agri- Drug, and Cosmetic Act to establish a Food Medicare program relating to the Special cultural export promotion program with re- Protection Training Institute, and for other Disability Workload project; to the Com- spect to Cuba, and for other purposes; to the purposes; to the Committee on Health, Edu- mittee on Finance. Committee on Finance. cation, Labor, and Pensions. By Mr. DODD (for himself and Mr. By Mr. WYDEN (for himself and Ms. By Mr. LIEBERMAN (for himself and REED): CANTWELL): Ms. COLLINS): S. 1112. A bill to make effective the pro- S. 1090. A bill to amend the Internal Rev- S. 1102. A bill to provide benefits to domes- posed rule of the Food and Drug Administra- enue Code of 1986 to provide tax credit parity tic partners of Federal employees; to the tion relating to sunscreen drug products, and for electricity produced from renewable re- Committee on Homeland Security and Gov- for other purposes; to the Committee on sources; to the Committee on Finance. ernmental Affairs. Health, Education, Labor, and Pensions. By Mr. WYDEN: By Mr. VITTER (for himself, Mr. By Mr. PRYOR (for himself, Ms. S. 1091. A bill to amend the Internal Rev- MCCONNELL, Mr. ENSIGN, Mr. MCCAIN, SNOWE, Mr. NELSON of Nebraska, and enue Code of 1986 to provide for an energy in- Mr. COBURN, Mr. INHOFE, Mr. HATCH, Mr. WICKER): vestment credit for energy storage property Mr. DEMINT, Mr. SESSIONS, Mr. S. 1113. A bill to amend title 49, United connected to the grid, and for other pur- CHAMBLISS, Mr. RISCH, Mr. ENZI, Mr. States Code, to direct the Secretary of poses; to the Committee on Finance. BOND, and Mr. BUNNING): Transportation to establish and maintain a By Mr. WYDEN: S. 1103. A bill to amend the Help America national clearinghouse for records related to S. 1092. A bill to establish a program to Vote Act of 2002 to establish standards for alcohol and controlled substances testing of provide loans for use in carrying out residen- the distribution of voter registration appli- commercial motor vehicle operators, and for tial, commercial, industrial, and transpor- cation forms and to require organizations to other purposes; to the Committee on Com- tation energy efficiency and renewable gen- register with the State prior to the distribu- merce, Science, and Transportation. eration projects; to the Committee on En- tion of such forms; to the Committee on By Mr. DURBIN (for himself and Mr. ergy and Natural Resources. Rules and Administration. BURR): By Mr. WYDEN: By Mr. INOUYE (for himself, Mr. ALEX- S. 1114. A bill to establish a demonstration S. 1093. A bill to amend the Internal Rev- ANDER, Mr. AKAKA, and Mr. KAUF- project to provide for patient-centered med- enue Code of 1986 to provide tax incentives MAN): ical homes to improve the effectiveness and

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5701 efficiency in providing medical assistance serving in Operation Iraqi Freedom and through institutions of higher edu- under the Medicaid program and child health Operation Enduring Freedom, from the cation. assistance under the State Children’s Health Department of Veterans Affairs, and S. 796 Insurance Program; to the Committee on Fi- for other purposes. nance. At the request of Mr. BINGAMAN, the S. 607 name of the Senator from New Mexico f At the request of Mr. UDALL of Colo- (Mr. UDALL) was added as a cosponsor ADDITIONAL COSPONSORS rado, the names of the Senator from of S. 796, a bill to modify the require- S. 46 Wyoming (Mr. BARRASSO) and the Sen- ments applicable to locatable minerals At the request of Mr. ENSIGN, the ator from New Hampshire (Mrs. on public domain land, and for other name of the Senator from Vermont SHAHEEN) were added as cosponsors of purposes. (Mr. SANDERS) was added as a cospon- S. 607, a bill to amend the National S. 801 sor of S. 46, a bill to amend title XVIII Forest Ski Area Permit Act of 1986 to At the request of Mr. AKAKA, the of the Social Security Act to repeal the clarify the authority of the Secretary name of the Senator from Washington Medicare outpatient rehabilitation of Agriculture regarding additional (Mrs. MURRAY) was added as a cospon- therapy caps. recreational uses of National Forest sor of S. 801, a bill to amend title 38, S. 292 System land that are subject to ski United States Code, to waive charges for humanitarian care provided by the At the request of Mr. SPECTER, the area permits, and for other purposes. name of the Senator from Alaska (Mr. S. 634 Department of Veterans Affairs to family members accompanying veterans BEGICH) was added as a cosponsor of S. At the request of Mr. HARKIN, the 292, a bill to repeal the imposition of name of the Senator from Illinois (Mr. severely injured after September 11, withholding on certain payments made BURRIS) was added as a cosponsor of S. 2001, as they receive medical care from to vendors by government entities. 634, a bill to amend the Elementary the Department and to provide assist- and Secondary Education Act of 1965 to ance to family caregivers, and for other S. 423 purposes. At the request of Mr. AKAKA, the improve standards for physical edu- S. 819 names of the Senator from Illinois (Mr. cation. At the request of Mr. DURBIN, the DURBIN) and the Senator from Colorado S. 688 name of the Senator from South Da- (Mr. BENNET) were added as cosponsors At the request of Ms. SNOWE, the kota (Mr. JOHNSON) was added as a co- of S. 423, a bill to amend title 38, names of the Senator from New Jersey sponsor of S. 819, a bill to provide for United States Code, to authorize ad- (Mr. LAUTENBERG), the Senator from enhanced treatment, support, services, vance appropriations for certain med- Connecticut (Mr. DODD) and the Sen- and research for individuals with au- ical care accounts of the Department of ator from Ohio (Mr. BROWN) were added tism spectrum disorders and their fam- Veterans Affairs by providing two-fis- as cosponsors of S. 688, a bill to require ilies. cal year budget authority, and for that health plans provide coverage for S. 823 other purposes. a minimum hospital stay for At the request of Ms. SNOWE, the S. 451 mastectomies, lumpectomies, and lymph node dissection for the treat- names of the Senator from Kentucky At the request of Ms. COLLINS, the (Mr. BUNNING), the Senator from Geor- name of the Senator from Massachu- ment of breast cancer and coverage for secondary consultations. gia (Mr. ISAKSON) and the Senator from setts (Mr. KENNEDY) was added as a co- Idaho (Mr. CRAPO) were added as co- S. 693 sponsor of S. 451, a bill to require the sponsors of S. 823, a bill to amend the Secretary of the Treasury to mint At the request of Mr. HARKIN, the Internal Revenue Code of 1986 to allow coins in commemoration of the centen- name of the Senator from New Mexico a 5-year carryback of operating losses, nial of the establishment of the Girl (Mr. UDALL) was added as a cosponsor and for other purposes. Scouts of the United States of Amer- of S. 693, a bill to amend the Public S. 844 ica. Health Service Act to provide grants At the request of Mr. LAUTENBERG, for the training of graduate medical S. 566 the name of the Senator from Georgia residents in preventive medicine. At the request of Mr. DURBIN, the (Mr. CHAMBLISS) was added as a cospon- name of the Senator from Oregon (Mr. S. 717 sor of S. 844, a bill to amend the Public MERKLEY) was added as a cosponsor of At the request of Mr. CARDIN, his Health Service Act to prevent and S. 566, a bill to create a Financial Prod- name was added as a cosponsor of S. treat diabetes, to promote and improve uct Safety Commission, to provide con- 717, a bill to modernize cancer re- the care of individuals with diabetes, sumers with stronger protections and search, increase access to preventative and to reduce health disparities relat- better information in connection with cancer services, provide cancer treating to diabetes within racial and ethnic consumer financial products, and to ment and survivorship initiatives, and minority groups, including African- give providers of consumer financial for other purposes. American, Hispanic American, Asian products more regulatory certainty. At the request of Mrs. LINCOLN, her American, Native Hawaiian and Other S. 581 name was added as a cosponsor of S. Pacific Islander, and American Indian At the request of Mr. BENNET, the 717, supra. and Alaskan Native communities. name of the Senator from Mississippi S. 730 S. 891 (Mr. COCHRAN) was added as a cospon- At the request of Mr. ENSIGN, the At the request of Mr. BROWNBACK, the sor of S. 581, a bill to amend the Rich- name of the Senator from New Hamp- name of the Senator from Alaska (Mr. ard B. Russell National School Lunch shire (Mr. GREGG) was added as a co- BEGICH) was added as a cosponsor of S. Act and the Child Nutrition Act of 1966 sponsor of S. 730, a bill to amend the 891, a bill to require annual disclosure to require the exclusion of combat pay Harmonized Tariff Schedule of the to the Securities and Exchange Com- from income for purposes of deter- United States to modify the tariffs on mission of activities involving colum- mining eligibility for child nutrition certain footwear, and for other pur- bite-tantalite, cassiterite, and wolf- programs and the special supplemental poses. ramite from the Democratic Republic nutrition program for women, infants, S. 749 of Congo, and for other purposes. and children. At the request of Mr. COCHRAN, the S. 908 S. 597 name of the Senator from Alaska (Mr. At the request of Mr. BAYH, the name At the request of Mrs. MURRAY, the BEGICH) was added as a cosponsor of S. of the Senator from Texas (Mrs. name of the Senator from Pennsyl- 749, a bill to improve and expand geo- HUTCHISON) was added as a cosponsor of vania (Mr. CASEY) was added as a co- graphic literacy among kindergarten S. 908, a bill to amend the Iran Sanc- sponsor of S. 597, a bill to amend title through grade 12 students in the United tions Act of 1996 to enhance United 38, United States Code, to expand and States by improving professional devel- States diplomatic efforts with respect improve health care services available opment programs for kindergarten to Iran by expanding economic sanc- to women veterans, especially those through grade 12 teachers offered tions against Iran.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5702 CONGRESSIONAL RECORD — SENATE May 20, 2009 S. 979 cosponsors of S. Res. 151, a resolution Mr. ENZI. President, I rise to speak At the request of Mr. DURBIN, the expressing support for a national day on the introduction of the Livestock names of the Senator from Missouri of remembrance on October 30, 2009, for Marketing Fairness Act. I want to also (Mr. BOND) and the Senator from Illi- nuclear weapons program workers. acknowledge that I am joined in intro- nois (Mr. BURRIS) were added as co- At the request of Mr. SCHUMER, his ducing this legislation by Senators sponsors of S. 979, a bill to amend the name was added as a cosponsor of S. DORGAN, GRASSLEY, and JOHNSON. The Public Health Service Act to establish Res. 151, supra. Packers and Stockyards Act of 1921 a nationwide health insurance pur- AMENDMENT NO. 1133 was enacted at a time when there was chasing pool for small businesses and At the request of Mr. JOHANNS, his significant concentration in the live- the self-employed that would offer a name was added as a cosponsor of stock and poultry industry. That law choice of private health plans and amendment No. 1133 proposed to H.R. has since provided livestock producers, make health coverage more affordable, 2346, a bill making supplemental appro- the family farmers and ranchers of our predictable, and accessible. priations for the fiscal year ending country, with a remedy to protect S. 982 September 30, 2009, and for other pur- themselves against manipulative and anti-competitive practices in the mar- At the request of Mrs. MCCASKILL, poses. ketplace. However, since the early her name was added as a cosponsor of AMENDMENT NO. 1138 1920s our domestic livestock industry S. 982, a bill to protect the public At the request of Mr. VITTER, his health by providing the Food and Drug has changed significantly and so too name was added as a cosponsor of have the ways in which producers mar- Administration with certain authority amendment No. 1138 proposed to H.R. to regulate tobacco products. ket their livestock. Gone are the days 2346, a bill making supplemental appro- when a simple handshake between S. 1012 priations for the fiscal year ending buyer and seller was all you needed. At the request of Mr. ISAKSON, his September 30, 2009, and for other pur- Changes in marketing have introduced name was added as a cosponsor of S. poses. new ways for bad actors to manipulate 1012, a bill to require the Secretary of AMENDMENT NO. 1139 prices and this legislation is designed the Treasury to mint coins in com- At the request of Mr. INHOFE, his to strengthen the laws originally en- memoration of the centennial of the name was added as a cosponsor of acted in the Packers and Stockyards establishment of Mother’s Day. amendment No. 1139 proposed to H.R. Act. At the request of Mr. ROCKEFELLER, 2346, a bill making supplemental appro- It is no secret that the packing in- the name of the Senator from Mis- priations for the fiscal year ending dustry in the U.S. has again become in- sissippi (Mr. COCHRAN) was added as a September 30, 2009, and for other pur- creasingly consolidated. In 1985, the cosponsor of S. 1012, supra. poses. four largest packers accounted for 39 S. 1023 AMENDMENT NO. 1140 percent of all cattle slaughtered in the At the request of Mr. DORGAN, the At the request of Mr. INHOFE, his U.S. Twenty years later, the top four name of the Senator from Mississippi name was added as a cosponsor of firms controlled over 69 percent of the (Mr. WICKER) was added as a cosponsor amendment No. 1140 proposed to H.R. domestic cattle slaughter and this sta- of S. 1023, a bill to establish a non-prof- 2346, a bill making supplemental appro- tistic does not even include the acqui- it corporation to communicate United priations for the fiscal year ending sitions that have taken place in the in- States entry policies and otherwise September 30, 2009, and for other pur- dustry since 2007. Being big in agri- promote leisure, business, and schol- poses. culture is not bad, but it does present opportunities for a select few to manip- arly travel to the United States. AMENDMENT NO. 1143 ulate the market for their own gain. S. 1026 At the request of Mr. RISCH, the The Livestock Marketing Fairness Act At the request of Mr. CORNYN, the name of the Senator from Missouri strikes at the heart of one particular names of the Senator from Louisiana (Mr. BOND) was withdrawn as a cospon- anti-competitive practice. Over the (Mr. VITTER) and the Senator from sor of amendment No. 1143 proposed to years, livestock producers, feeders, and North Carolina (Mr. BURR) were added H.R. 2346, a bill making supplemental packers have been given a number of as cosponsors of S. 1026, a bill to amend appropriations for the fiscal year end- new marketing tools for price dis- the Uniformed and Overseas Citizens ing September 30, 2009, and for other covery and hedging risk. One of those Absentee Voting Act to improve proce- purposes. tools is the forward contract where a dures for the collection and delivery of At the request of Mr. RISCH, the buyer and seller agree to a transaction marked absentee ballots of absent name of the Senator from Idaho (Mr. at a specified point of time in the fu- overseas uniformed service voters, and CRAPO) was added as a cosponsor of ture. However, certain types of forward for other purposes. amendment No. 1143 proposed to H.R. contracting agreements have become S. 1066 2346, supra. ripe for price manipulation. This is be- At the request of Mr. SCHUMER, the AMENDMENT NO. 1144 cause a growing number of packing op- name of the Senator from Michigan At the request of Mr. CHAMBLISS, the erations own their own livestock or (Ms. STABENOW) was added as a cospon- names of the Senator from Oklahoma control them through marketing agree- sor of S. 1066, a bill to amend title (Mr. COBURN), the Senator from Okla- ments. These firms then can buy from XVIII of the Social Security Act to homa (Mr. INHOFE) and the Senator themselves when prices are high and preserve access to ambulance services from Kansas (Mr. ROBERTS) were added buy from others when prices are low. under the Medicare program. as cosponsors of amendment No. 1144 Captive supplies are animals that S. 1071 proposed to H.R. 2346, a bill making packers own and control prior to At the request of Mr. CHAMBLISS, the supplemental appropriations for the slaughter. The Livestock Marketing name of the Senator from Oklahoma fiscal year ending September 30, 2009, Fairness Act prohibits certain arrange- (Mr. COBURN) was added as a cosponsor and for other purposes. ments that provide packers with the of S. 1071, a bill to protect the national f opportunity use their captive supplies security of the United States by lim- to manipulate local market prices. iting the immigration rights of individ- STATEMENTS ON INTRODUCED First, the legislation requires that for- uals detained by the Department of De- BILLS AND JOINT RESOLUTIONS ward contracts contain a ‘‘firm base fense at Guantanamo Bay Naval Base. By Mr. ENZI (for himself, Mr. price’’ which is derived from an exter- S. RES. 151 DORGAN, Mr. JOHNSON, and Mr. nal source. Though not outlined in the At the request of Mr. BUNNING, the GRASSLEY): legislation, commonly used external names of the Senator from Washington S. 1086. A bill to amend the Packers sources of price include the live cattle (Ms. CANTWELL), the Senator from New and Stockyards Act, 1921, to prohibit futures market or wholesale beef mar- Mexico (Mr. UDALL), the Senator from the use of certain anti-competitive for- ket. This ensures that both buyers and Florida (Mr. NELSON) and the Senator ward contracts; to the Committee on sellers have a basis for how pricing in from Ohio (Mr. BROWN) were added as Agriculture, Nutrition, and Forestry. a contract will be derived at the time

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5703 the contract is agreed upon. Second, SECTION 1. SHORT TITLE. ‘‘(3) a packer that owns 1 livestock proc- the bill requires that forward contracts This Act may be cited as the ‘‘Livestock essing plant.’’. be traded in open, public markets. This Marketing Fairness Act’’. (b) DEFINITIONS.—Section 2(a) of the Pack- guarantees that multiple buyers and SEC. 2. PURPOSE. ers and Stockyards Act, 1921 (7 U.S.C. 182(a)) The purpose of the amendments made by is amended by adding at the end the fol- sellers can witness bids as well as offer this Act is to prohibit the use of certain lowing: their own. The Livestock Marketing anti-competitive forward contracts— ‘‘(15) FIRM BASE PRICE.—The term ‘firm Fairness Act also ensures that trading (1) to require a firm base price in forward base price’ means a transaction using a ref- of contracts be done in a manner that contracts and marketing agreements; and erence price from an external source. provides both small and large buyers (2) to require that forward contracts be ‘‘(16) FORMULA PRICE.— and sellers access to the market. Con- traded in open, public markets. ‘‘(A) IN GENERAL.—The term ‘formula price’ SEC. 3. LIMITATION ON USE OF ANTI-COMPETI- means any price term that establishes a base tracts are to be traded in sizes approxi- TIVE FORWARD CONTRACTS. mate to the common number of cattle from which a purchase price is calculated on (a) IN GENERAL.—Section 202 of the Pack- the basis of a price that will not be deter- or pigs transported in a trailer, but the ers and Stockyards Act, 1921 (7 U.S.C. 192), is mined or reported until a date after the day law does not prohibit trading from oc- amended— the forward price is established. curring in multiples of those contracts (1) by striking ‘‘Sec. 202. It shall be’’ and ‘‘(B) EXCLUSION.—The term ‘formula price’ for larger livestock orders. inserting the following: does not include— I travel to Wyoming nearly every ‘‘SEC. 202. UNLAWFUL PRACTICES. ‘‘(i) any price term that establishes a base weekend and have heard the same con- ‘‘(a) IN GENERAL.—It shall be’’; from which a purchase price is calculated on (2) by striking ‘‘to:’’ and inserting ‘‘to—’’; the basis of a futures market price; or cerns from many of our ranchers. They (3) by redesignating subsections (a), (b), want to be competitive in the market ‘‘(ii) any adjustment to the base for qual- (c), (d), (e), (f), and (g) as paragraphs (1), (2), ity, grade, or other factors relating to the and sell the best animals possible so (3), (4), (5), (7), and (8), respectively, and in- value of livestock or livestock products that that they can continue the work that denting appropriately; are readily verifiable market factors and are so many in their family have done for (4) in paragraph (7) (as redesignated by outside the control of the packer. so many years. However, this problem paragraph (3)), by designating paragraphs (1), ‘‘(17) FORWARD CONTRACT.—The term ‘for- is not isolated to Wyoming. Livestock (2), and (3) as subparagraphs (A), (B), and (C), ward contract’ means an oral or written con- producers from coast to coast are find- respectively, and indenting appropriately; tract for the purchase of livestock that pro- (5) in paragraph (8) (as redesignated by vides for the delivery of the livestock to a ing that with consolidation there are paragraph (3)), by striking ‘‘subdivision (a), fewer and fewer buyers for their ani- packer at a date that is more than 7 days (b), (c), (d), or (e)’’ and inserting ‘‘paragraph after the date on which the contract is en- mals and their options for marketing (1), (2), (3), (4), (5), or (6)’’; tered into, without regard to whether the too are being lost. This legislation not (6) in each of paragraphs (1), (2), (3), (4), (5), contract is for— only increases openness in forward con- (7), and (8) (as redesignated by paragraph (3)), ‘‘(A) a specified lot of livestock; or tracting but preserves the right for by striking the first capital letter of the first ‘‘(B) a specified number of livestock over a ranchers to choose the best methods word in the paragraph and inserting the certain period of time.’’. for selling their animals without worry same letter in the lower case; (7) in each of paragraphs (1) through (5) (as that their agreements will be subject By Mr. KERRY: redesignated by paragraph (3)), by striking S. 1087. A bill to amend the Internal to manipulation. The bill does not ‘‘or’’ at the end; apply to producer cooperatives who (8) by inserting after paragraph (5) (as re- Revenue Code of 1986 to repeal certain often own their processing facility. The designated by paragraph (3)) the following: tax incentives related to oil and gas; to legislation also carefully targets the ‘‘(6) except as provided in subsection (c), the Committee on Finance. problem—large packers owning captive use, in effectuating any sale of livestock, a Mr. KERRY. Mr. President, today I supplies—by also exempting packers forward contract that— am introducing the Energy Fairness that only own one facility and those ‘‘(A) does not contain a firm base price for America Act which repeals tax in- that may be equated to a fixed dollar that do not report for mandatory price centives for the oil and gas industry. amount on the day on which the forward This is the third consecutive Congress reporting. The Livestock Marketing contract is entered into; Fairness Act does not apply to agree- ‘‘(B) is not offered for bid in an open, pub- in which I have introduced this legisla- ments based on quality grading nor lic manner under which— tion. Some of the provisions of prior does it affect a producer’s ability to ne- ‘‘(i) buyers and sellers have the oppor- versions of my legislations were en- gotiate contracts one-on-one with buy- tunity to participate in the bid; and acted last year, but more can be done. ers. Therefore, sellers can still choose ‘‘(ii) buyers and sellers may witness bids At a time when we are trying to from a variety of methods including that are made and accepted; incentivize clean energy, we should not ‘‘(C) is based on a formula price; or continue to provide unnecessary tax in- the spot market, futures market, or ‘‘(D) subject to subsection (b), provides for other alternative marketing arrange- centives to the oil and gas industry. the sale of livestock in a quantity in excess The Energy Fairness for America Act ments. of— This bill is common sense and en- ‘‘(i) in the case of cattle, 40 cattle; would repeal the section 199 manufac- sures that our ranchers have access to ‘‘(ii) in the case of swine, 30 swine; and turing deduction for income attrib- a competitive market in these difficult ‘‘(iii) in the case of other types of live- utable to domestic production of oil economic times. Ranchers aren’t ask- stock, a comparable quantity of the type of and gas. The domestic manufacturing ing for a handout. What I am asking livestock determined by the Secretary.’’; and deduction was designed to replace ex- (9) by adding at the end the following: for is a level-playing field and an equal port-related tax benefits that were suc- ‘‘(b) ADJUSTMENTS.—The Secretary may cessfully challenged by the European opportunity for our ranchers to suc- adjust the maximum quantity of livestock ceed. I am pleased to say that I am described in subsection (a)(6)(D) to reflect Union. Producers of oil and gas did not joined by my colleagues on both sides advances in marketing and transportation benefit from this tax break. Initial leg- of the aisle in working to address this capabilities if the adjusted quantity provides islation proposed to address the repeal problem. I encourage my other col- reasonable market access for all buyers and of the export-related tax benefits and sellers. leagues to support the Livestock Mar- to replace them with a new domestic ‘‘(c) EXEMPTION FOR COOPERATIVES.—Sub- manufacturing deduction. That legisla- keting Fairness Act and to join me in section (a)(6) shall not apply to— giving ranchers an honest chance to ‘‘(1) a cooperative or entity owned by a co- tion only provided the deduction to in- make a living. operative, if a majority of the ownership industries that benefited from the ex- Mr. President, I ask unanimous con- terest in the cooperative is held by active co- port-related tax benefits. However, the sent that the text of the bill be printed operative members that— final product extended the deduction to in the RECORD. ‘‘(A) own, feed, or control livestock; and include the oil and gas industry as There being no objection, the text of ‘‘(B) provide the livestock to the coopera- well. the bill was ordered to be printed in tive for slaughter; The tax code provides numerous ‘‘(2) a packer that is not required to report other preferences to the oil and gas in- the RECORD, as follows: to the Secretary on each reporting day (as S. 1086 defined in section 212 of the Agricultural dustry. This legislation would repeal Be it enacted by the Senate and House of Rep- Marketing Act of 1946 (7 U.S.C. 1635a)) infor- provisions that do not promote low- resentatives of the United States of America in mation on the price and quantity of live- carbon energy sources and further our Congress assembled, stock purchased by the packer; or addiction to oil. The Energy Fairness

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5704 CONGRESSIONAL RECORD — SENATE May 20, 2009 for America Act would repeal the cred- other restrictions on U.S. agriculture S. 1090. A bill to amend the Internal it for the crude oil and natural gas pro- could increase U.S. beef exports from Revenue Code of 1986 to provide tax duced from marginal wells, expensing states like Montana and Colorado from credit parity for electricity produced of intangible drilling costs and 60- $1 million to as much as $13 million. from renewable resources; to the Com- month amortization and capitalized in- Lifting these restrictions could allow mittee on Finance. tangible drilling costs, exception from agricultural exporters in States like Mr. WYDEN. Mr. President, I rise to the passive loss rules for working in- North Dakota and Arkansas to obtain discuss the subject of U.S. energy pol- terests in oil and gas properties, and nearly 70 percent of Cuba’s wheat mar- icy and to introduce a series of bills to percentage depletion for oil and gas ket, nearly 40 percent of its rice mar- address this issue, S. 1090–S. 1098. wells. In addition, it would increase the ket, and more than 90 percent of its Americans consume too much oil, amortization period from two years to poultry market. Lifting these restric- and they pay too high a price for it. seven years for geological and geo- tions could allow America’s farmers National security pays a price. The en- physical expenditures incurred by inde- and ranchers to export as much as $1.2 vironment pays a price and the econ- pendent producers in connection with billion in total agricultural goods to omy clearly pays a price. It’s clear that oil and gas exploration in the U.S. Cuba. Americans can no longer afford the en- This legislation will help align our The facts also show that European ergy policy of the status quo. tax code with our broader energy goals. and other exporters already reap these Last summer, when crude oil prices Our focus should be on lowering carbon benefits. Europe has scrapped its Cuba approached $150 dollars a barrel, Amer- emissions and encouraging renewable sanctions. Just last week, EU officials icans were sending roughly $1.7 billion energy sources, not rewarding the oil were in Havana calling for full normal- dollars a day to foreign countries to and gas industry. I urge my colleagues ization of ties. Those officials made no pay to cover their addiction to oil. to join me in eliminating these unnec- secret of wanting to solidify ties with That’s $1.7 billion a day that was not essary tax breaks. Cuba now to get the jump on the U.S. invested here at home. Rather it went Those are the facts as I see them. But into the pockets of oil producers in for- By Mr. BAUCUS (for himself, Mr. that is not all I see. I am not blind to eign countries—and often to countries CRAPO, Ms. CANTWELL, Mr. ROB- the Cuban people’s suffering or the that oppose America’s interests and ERTS, Ms. LANDRIEU, Mr. BINGA- crimes of their government. I am not undermine American security. A third of the oil Americans use comes from MAN, Mrs. LINCOLN, Mr. HARKIN, deaf to the calls for political and reli- the OPEC oil cartel—a cartel that in- Mrs. MURRAY, Mr. PRYOR, Mr. gious freedom just 90 miles off our cludes governments who are either BOND, Mr. JOHNSON, Mr. DOR- shores. But I also see that increased openly hostile to the United States or GAN, Mr. WYDEN, Mr. LUGAR, trade ties historically have led to im- who provide a haven and support to Mrs. MCCASKILL, and Mr. ENZI): proved political ties, whether between those who are. American dependence S. 1089. A bill to facilitate the export Argentina and Brazil in this hemi- of United States agricultural commod- on their oil is a recipe for disaster. sphere or between former rival nations Oil prices have retreated, but Amer- ities and products to Cuba as author- in Europe. ized by the Trade Sanctions Reform ica’s addiction to oil has not let up. Am I certain that increased trade The Nation’s transportation system is and Export Enhancement Act of 2000, will improve our political ties with to establish an agricultural export pro- almost entirely fueled by it. When the Cuba? I am not. But I am certain that price of oil goes up, transportation motion program with respect to Cuba, we have had these sanctions in place to remove impediments to the export costs go up, which means shipping for over 5 decades. I am certain that costs and the cost of everything that to Cuba of medical devices and medi- five decades of sanctions have made no has to be shipped goes up right along cines, to allow travel to Cuba by Cuban freer, no nation more pros- with it. United States citizens and legal resi- perous, and no government more demo- On top of all the other faults oil dents, to establish an agricultural ex- cratic. I am certain that one side has brings with it, burning fossil fuels is port promotion program with respect gotten its chance and its way. I am cer- bad for our health and the health of to Cuba, and for other purposes; to the tain that the status quo must now our planet. Burning fossil fuels pro- Committee on Finance. change. duces 86 percent of the man-made Mr. BAUCUS. Mr. President, this Na- Here is how I propose to change our greenhouse gases released into the en- tion and this body have debated divi- status quo with Cuba. My bill, which 15 vironment every year in the U.S. sive trade issues for more than a cen- other Democratic and Republic Sen- Motor fuels have become cleaner over tury. In the 1820s, the cotton, indigo, ators have joined, would help U.S. the years, but they still heat up the en- and rice exporting southern States farmers and ranchers sell their prod- vironment with greenhouse gases, just quarreled with northern States intent ucts to Cuba by facilitating cash pay- like burning coal at electric generation on protecting nascent manufacturing ment for agricultural goods, author- plants. Continuing to rely on energy In the 1930s, President Hoover’s appeals izing direct transfers between U.S. and sources that do harm to the air, land to save American jobs brought the Cuban banks, and creating a U.S. agri- and water is a failed policy and bad for Smoot-Hawley tariff. cultural export promotion fund. This America’s future. Since the Second World War, Amer- bill also eases restrictions on exports Spelling out the problem, however, is ica has moved to open the world’s mar- of medicines and medical devices. It al- the easy part. There is no silver bullet kets and our own. We are better for it. lows all Americans to travel to Cuba— when it comes to remaking the way the But divisive trade debates do and will not just one particular group. entire nation consumes energy and en- continue. Few debates have been as John Stuart Mill wrote that ‘‘Com- couraging the development of viable al- long and contentious as those regard- merce first taught nations to see with ternatives. No one person, organization ing our economic sanctions on Cuba. goodwill the wealth and prosperity of or piece of legislation can do it alone. I am introducing legislation today to one another. Before, the patriot . . . If America is going to get on the path bring this divisive debate to an end. I wished all countries weak, poor, and to real energy independence, Ameri- do so not as an ideologue or a partisan. ill-governed but his own . . .’’ For too cans not only have to build that path, I am neither the Cuban government’s long, America has stood atop our barri- every American is going to have to friend nor its staunchest enemy. I in- cade of sanctions and looked down commit to changing course in the way stead am a Montanan. Like most Mon- upon a weak, poor, and ill-governed they use energy. While I believe that tanans, I take no pleasure in disagree- Cuba. Let us now open our commerce Government cannot simply legislate ment. Like most Montanans, I try to with Cuba. Let us wish them wealth, such transformative change, it is my make a deal when I can. Like most prosperity, and an abundance of all view that government can provide the Montanans, I stick to the facts. that we value and hold dear in Amer- incentives and framework needed to Here is how I see the facts. Opening ica. empower Americans to rise to the chal- Cuba to our exports means money in lenge. the pockets of farmers and ranchers By Mr. WYDEN (for himself and While I cannot tell you where the across America. Lifting financing and Ms. CANTWELL): next advancement in green energy will

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5705 come from, I know that given the right up a variety of economic opportunities ing fuel-efficient vehicles an affordable tools and incentives there is no limit for hard hit rural communities. It is choice for more Americans. to what American ingenuity can also a step towards a sound national But reducing oil use by the transpor- achieve. This is why today I am offer- energy policy. tation sector alone is not enough. ing a series of proposals to speed up our However, if the U.S. is going to have Some forty percent of energy use in the progress toward a cleaner energy fu- a Renewable Fuel Standard for motor U.S. is consumed in buildings. So I am ture. My proposals address the spec- fuels, then it really ought to be a introducing legislation to empower trum of solutions needed to get there. standard open to all renewable fuels, American families—as well as small They start with harnessing the intel- not just a chosen few. This is why my and mid-sized businesses—to save en- lectual power of our colleges and uni- legislation would allow a range of energy and install clean energy equip- versities to invent new energy tech- ergy sources to qualify as motor ment. The ‘‘Re-Energize America Loan nologies. They create new incentives ‘‘fuels’’ including electricity for plug- Program’’ will create a $10 billion re- for businesses to turn those tech- in cars, methane to fuel compressed volving loan program to allow home nologies into new energy products. natural gas vehicles, and hydrogen for and property owners and small and They give consumers incentives to buy fuel cells. Initially, these low-carbon mid-sized businesses, schools, hospitals and install those new energy tech- fuels could come from conventional and others to make clean energy in- nologies in their homes and businesses. sources, such as electricity from the vestments. This zero-interest loan pro- If America is going to cut back in its electric grid, but eventually they gram would be administered at the use of oil, then it needs to take a hard would need to come from renewable en- State level, not by bureaucrats in look at the single largest user of oil, ergy sources. Washington, DC, so it will be tailored the transportation sector. Today, I am Singling out ethanol as the only ad- to regional needs. It would be financed proposing a three-pronged program to ditive approved for motor fuel only cre- through the transfer of Federal energy dramatically reduce the amount of oil ates a market for ethanol, which in royalties paid on the production of Americans use every day to get to turn discourages research and invest- coal, gas and oil, and renewable energy work, do their errands, and transport ment in other promising fuels. Cre- from Federal land. It would empower American products to market. ating a technology neutral ‘‘low-car- Americans and businesses to help First, I propose to dramatically re- bon’’ standard to replace traditional themselves and help their country vise the Renewable Fuel Standard that fossil fuels with alternative lower-car- start laying the groundwork for an en- now requires gasoline and diesel fuel bon domestic fuels opens the door for a tirely different energy future. providers to blend larger and larger whole host of advancements and inno- States like Oregon have enormous amounts of ethanol and other biofuels vations yet unknown. potential for development of renewable into motor fuel. I strongly support the In addition to supplying new, clean- energy—solar, wind, geothermal, bio- continued development of biofuels, es- er, renewable transportation fuels, I mass, wave and tidal. The challenge is pecially those that do not require the will also be introducing legislation to to find new ways to harness these ener- use of food grains like corn and oils authorize the U.S. Department of gies. Renewable energy is also not just used to make them. But as we have Transportation to designate ‘‘Energy about fuel that goes into cars or elec- seen in recent years, you cannot divert Smart Transportation Corridors’’ so tricity for homes or buildings. Renew- large amounts of food grains and oils that these fuels will be readily available energy can also be used to heat without impacting the supply and price able for consumers. By working with homes and buildings, and power fac- of those commodities. Last year, near- trucking companies, fuel providers, and tories and businesses. So I am intro- ly a third of the U.S. corn crop was State and local officials, the Transpor- ducing legislation to provide tax cred- used for ethanol production, leading to tation Department would establish its for the production of energy from more expensive food for families at a which alternative fuels would be avail- renewable sources, such as steam from time when they can least afford it. able and where they could be pur- geothermal wells, or biogas from That does not make sense to me. chased. They would standardize other feedlots or dairy farms that is sold di- The current standard also does not features such as weight limit standards rectly to commercial and industrial do enough to genuinely reduce the geared towards reducing fossil fuel use customers. A separate credit would be amount of oil being consumed. In part and the release of greenhouse gases. available if this renewable energy is this is because fuels like ethanol sim- The corridors would also include des- used right on site to heat a building or ply do not contain as much energy per ignation of other methods of freight provide energy for the dairy. gallon as the gasoline it is intended to and passenger transportation, such as The goal of this bill is to foster the replace. The existing standard is aimed rail or mass transit—to help reduce development of new renewable energy at replacing less than 15 percent of U.S. transportation fuel use. technologies while expanding the mar- gasoline and diesel fuel with renewable Beyond empowering Americans to ket for renewable energy beyond the fuels. I think we can do better, which is make more energy efficient choices, wind farms and electric generation why my proposal aims to replace a my legislation would make sure that plants already in place. The amount of third of those fuels with new low-car- energy efficient choices are within the the tax credit will no longer be tied to bon fuels. Right now a third of the reach of more Americans. Because I be- the way energy is produced but rather United States gasoline is imported lieve that energy efficient vehicles the amount of energy produced. This from OPEC countries. Let us aim to should not just be a luxury item for af- will help new energy technologies get get this country off OPEC oil once and fluent Americans, I will be reintro- in the game, and reward solutions that for all. ducing legislation to provide tax cred- create the most energy. I am also in- I want to make it clear that I am not its to Americans who purchase fuel ef- troducing legislation to end the cur- proposing these changes because I am ficient vehicles. Vehicles getting at rent tax penalty on biomass, hydro- opposed to using renewable fuels. I least 10 percent more than national av- electric, wave and tidal energies and have already introduced legislation—S. erage fuel efficiency would get a $900 other forms of renewable energy that 536—to allow biomass from Federal tax credit. The credit would increase are only eligible for half of the avail- lands to be used in the production of up to $2,500 as vehicle fuel efficiency able Federal production tax credit. biofuels. Under the existing Renewable increased. The bill also provides a tax America needs all of these resources if Fuel Standard, biomass from Federal credit for heavy truck owners to install it is going to move into a new energy lands is prohibited from being used as a fuel saving equipment. And it would in- future. My goal is to create a level renewable fuel. This makes no sense crease both the gas guzzler tax and the playing field and give all of these tech- from either an energy perspective or an civil penalty for vehicle manufacturers nologies the full tax benefit in order to environmental perspective. Allowing who miss their legally-required Cor- stimulate investment and get more re- for the use of fuel derived from biomass porate Average Fuel Economy, CAFE, newable energy projects built. from Federal lands will reduce the requirements. The technology-neutral One big advantage of renewable en- threat of catastrophic wild fires, help tax credit is designed to get more fuel- ergy is that some form of it can be make those forests healthier, and open efficient vehicles on the road by mak- found on every corner, and in every

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5706 CONGRESSIONAL RECORD — SENATE May 20, 2009 corner of the country. Whether it’s a also introducing this proposal as a Such term may include hydroelectric solar panel on a home or store—or geo- stand-alone bill to help ensure that job pumped storage and compressed air energy thermal power plant—there is renew- training gets the attention that it storage, regenerative fuel cells, batteries, able energy potential virtually every- needs. What good will ‘‘green jobs’’ do superconducting magnetic energy storage, flywheels, thermal, and hydrogen storage, or where. One set of technologies that can for Americans if Americans don’t have combination thereof. make renewable energy even more the skills that these jobs will demand? ‘‘(B) MINIMUM CAPACITY.—The term ‘quali- available are energy storage tech- My goal in formulating this agenda fied energy storage property’ shall not in- nologies. These are solutions that can has been to mobilize Americans and clude any property unless such property in store solar energy during the day for American resources to achieve authen- aggregate— use at night, or store wind energy when tic energy independence and a new en- ‘‘(i) has the ability to store at least 2 the wind blows, to be used when it does ergy future. To really accomplish this megawatt hours of energy, and not. goal, I believe we must employ every ‘‘(ii) has the ability to have an output of Simply put, not enough attention has 500 kilowatts of electricity for a period of 4 tool at our disposal. But in the end the hours. been paid to the use of energy storage success or failure of any effort to ‘‘(C) ELECTRICAL GRID.—The term ‘elec- technologies, which can also address transform the way Americans use en- trical grid’ means the system of generators, daily and seasonal peaks in energy de- ergy will ultimately rest with the transmission lines, and distribution facili- mand such as all of those air condi- American people. There is no question ties which— tioners that Americans will soon be that this will not be easy, but I have ‘‘(i) are under the jurisdiction of the Fed- putting to good use during the sum- faith that the energy challenges facing eral Energy Regulatory Commission or State mer’s hottest days. Federal funding for the nation today are no match for the public utility commissions, or energy storage technologies has been ‘‘(ii) are owned by— collective ingenuity, talent and energy ‘‘(I) a State or any political subdivision of virtually nonexistent. So I am intro- of the American people. Let us put a State, ducing legislation to create an invest- those resources to work. ‘‘(II) an electric cooperative that receives ment tax credit that will help pay for Mr. President, I ask unanimous con- financing under the Rural Electrification the installation of energy storage sent that the text of the bills be print- Act of 1936 (7 U.S.C. 901 et seq.) or that sells equipment both by energy companies ed in the RECORD. less than 4,000,000 megawatt hours of elec- who connect it to the electric trans- There being no objection, the text of tricity per year, or mission and distribution system and the bills were ordered to be printed in ‘‘(III) any agency, authority, or instrumentality of any one or more of the entities de- for on-site use in buildings, homes, and the RECORD, as follows: scribed in subclause (I) or (II), or any cor- factories. Any number of different S. 1090 poration which is wholly owned, directly or types of storage technology can qual- Be it enacted by the Senate and House of Rep- indirectly, by any one or more of such enti- ify—batteries, flywheels, pumped water resentatives of the United States of America in ties.’’. storage, to name a few. The credit Congress assembled, (c) EFFECTIVE DATE.—The amendments would be based on the energy stored, SECTION 1. SHORT TITLE. made by this section shall apply to periods not on the technology used. This Act may be cited as the ‘‘Renewable after the date of the enactment of this Act, The goal throughout the bills I am Energy Parity and Investment Remedy Act’’ under rules similar to the rules of section introducing today is not to pick win- or ‘‘REPAIR Act’’. 48(m) of the Internal Revenue Code of 1986 ners and losers. The goal is to encour- SEC. 2. TAX CREDIT PARITY FOR ELECTRICITY (as in effect on the day before the date of the PRODUCED FROM RENEWABLE RE- age innovation and installation. enactment of the Revenue Reconciliation SOURCES. Act of 1990). Last but not least, America not only Subparagraph (A) of section 45(b)(4) of the SEC. 3. ENERGY STORAGE PROPERTY CON- needs new solutions to our energy Internal Revenue Code of 1986 is amended by NECTED TO THE GRID ELIGIBLE FOR problems. It needs a skilled workforce inserting ‘‘and before 2010’’ after ‘‘any cal- NEW CLEAN RENEWABLE ENERGY to make them a reality. So, I am also endar year after 2003’’. BONDS. proposing an ‘‘Energy Grant’’ Higher S. 1091 (a) IN GENERAL.—Paragraph (1) of section Education program to provide $300 mil- Be it enacted by the Senate and House of Rep- 54C(d) of the Internal Revenue Code of 1986 is lion a year to America’s colleges and resentatives of the United States of America in amended to read as follows: universities to work on regional energy Congress assembled, ‘‘(1) QUALIFIED RENEWABLE ENERGY FACIL- ITY.—The term ‘qualified renewable energy problems. This program is modeled on SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Storage facility’ means a facility which is— the highly successful SeaGrant re- ‘‘(A)(i) a qualified facility (as determined search and education program that has Technology of Renewable and Green Energy Act of 2009’’ or the ‘‘STORAGE Act of 2009’’. under section 45(d) without regard to para- been run by the U.S. Department of graphs (8) and (10) thereof and to any placed SEC. 2. ENERGY INVESTMENT CREDIT FOR EN- in service date), or Commerce for more than 30 years and ERGY STORAGE PROPERTY CON- the SunGrant program established to NECTED TO THE GRID. ‘‘(ii) a qualified energy storage property research biofuels. The EnergyGrant (a) 20 PERCENT CREDIT ALLOWED.—Subpara- (as defined in section 48(c)(5)), and program would fund groups of colleges graph (A) of section 48(a)(2) of the Internal ‘‘(B) owned by a public power provider, a Revenue Code of 1986 is amended— governmental body, or a cooperative electric and universities to do research and de- company.’’. velop education programs aimed at (1) by striking ‘‘and’’ at the end of subclause (IV) of clause (i), (b) EFFECTIVE DATE.—The amendment unique opportunities and challenges in (2) by striking ‘‘clause (i)’’ in clause (ii) made by this section shall apply to obliga- each region of the country. Why rely and inserting ‘‘clause (i) or (ii)’’, tions issued after the date of the enactment solely on the Federal Government re- (3) by redesignating clause (ii) as clause of this Act. search programs to come up with solu- (iii), and SEC. 4. ENERGY INVESTMENT CREDIT FOR ON- tions for regional energy issues when (4) by inserting after clause (i) the fol- SITE ENERGY STORAGE. labs and research departments at col- lowing new clause: (a) CREDIT ALLOWED.—Clause (i) of section leges and universities around the coun- ‘‘(ii) 20 percent in the case of qualified en- 48(a)(2)(A) of the Internal Revenue Code of try can contribute to the effort? ergy storage property, and’’. 1986, as amended by this Act, is amended— The Senate Energy Committee has (b) QUALIFIED ENERGY STORAGE PROP- (1) by striking ‘‘and’’ at the end of sub- ERTY.—Subsection (c) of section 48 of the In- clause (III), already adopted legislation I have pro- ternal Revenue Code of 1986 is amended by (2) by inserting ‘‘and’’ at the end of sub- posed to create a $100 million a year, adding at the end the following new para- clause (IV), and community college-based training pro- graph: (3) by adding at the end the following new gram for skilled technicians to build, ‘‘(5) QUALIFIED ENERGY STORAGE PROP- subclause: install and maintain the new American ERTY.— ‘‘(V) qualified onsite energy storage prop- energy infrastructure of wind turbines, ‘‘(A) IN GENERAL.—The term ‘qualified en- erty,’’. geothermal energy plants, fuel cells, ergy storage property’ means property— (b) QUALIFIED ONSITE ENERGY STORAGE and other 21st Century technologies. ‘‘(i) which is directly connected to the PROPERTY.—Subsection (c) of section 48 of electrical grid, and the Internal Revenue Code of 1986, as amend- Without these skilled workers, this fu- ‘‘(ii) which is designed to receive electrical ed by this Act, is amended by adding at the ture will not happen and without effec- energy, to store such energy, and to convert end the following new paragraph: tive training programs there won’t be such energy to electricity and deliver such ‘‘(6) QUALIFIED ONSITE ENERGY STORAGE skilled workers to fill the jobs. I am electricity for sale. PROPERTY.—

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‘‘(A) IN GENERAL.—The term ‘qualified on- ing ‘‘section 25C(f)’’ and inserting ‘‘section (3) reapply for a subsequent allocation at site energy storage property’ means property 25C(g)’’. the end of the 5-year period covered by the which— (c) EFFECTIVE DATE.—The amendments plan. ‘‘(i) provides supplemental energy to re- made by this section shall apply to property (e) ALLOCATION.—In approving plans sub- duce peak energy requirements primarily on placed in service after the date of the enact- mitted by the States under subsection (d) the same site where the storage is located, or ment of this Act. and allocating funds among States under this section, the Secretary shall consider— ‘‘(ii) is designed and used primarily to re- S. 1092 ceive and store intermittent renewable en- (1) the likely energy savings and renewable ergy generated onsite and to deliver such en- Be it enacted by the Senate and House of Rep- energy potential of the plans,; ergy primarily for onsite consumption. resentatives of the United States of America in (2) regional energy needs; and Congress assembled, (3) the equitable distribution of funds Such term may include property used to SECTION 1. SHORT TITLE. among regions of the United States. charge plug-in and hybrid electric vehicles if (f) MAXIMUM AMOUNT; TERM.—A loan pro- such vehicles are equipped with smart grid This Act may be cited as the ‘‘Reenergize America Loan Program Act of 2009’’. vided by a State using funds allocated under services which control time-of-day charging this section shall be— SEC. 2. REENERGIZE AMERICA LOAN PROGRAM. and discharging of such vehicles. Such term (1) in an amount not to exceed $5,000,000; shall not include any property for which any (a) DEFINITIONS.—In this section: and other credit is allowed under this chapter. (1) FUND.—The term ‘‘Fund’’ means the Re- (2) for a term of not to exceed 4 years. ‘‘(B) MINIMUM CAPACITY.—The term ‘quali- energize America Loan Program Fund estab- (g) REENERGIZE AMERICA LOAN PROGRAM fied onsite energy storage property’ shall not lished by subsection (g). FUND.— include any property unless such property in (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (1) ESTABLISHMENT.—There is established aggregate— has the meaning given the term in section 4 in the Treasury of the United States a re- ‘‘(i) has the ability to store the energy of the Indian Self-Determination and Edu- volving fund, to be known as the ‘‘Reenergize equivalent of at least 20 kilowatt hours of cation Assistance Act (25 U.S.C. 450b). America Loan Program Fund’’, consisting of energy, and (3) PROGRAM.—The term ‘‘Program’’ means such amounts as are transferred to the Fund ‘‘(ii) has the ability to have an output of the Green America Loan Program estab- under paragraph (2). the energy equivalent of 5 kilowatts of elec- lished by subsection (b). (2) TRANSFERS TO FUND.—From any Federal tricity for a period of 4 hours.’’. (4) QUALIFIED PERSON.—The term ‘‘qualified royalties, rents, and bonuses derived from (c) EFFECTIVE DATE.—The amendments person’’ means an individual or entity that Federal onshore and offshore oil, gas, coal, made by this section shall apply to periods is determined to be capable of meeting all or alternative energy leases issued under the after the date of the enactment of this Act, terms and conditions of a loan provided Outer Continental Shelf Lands Act (43 U.S.C. under rules similar to the rules of section under this section based on the criteria and 1331 et seq.) or the Mineral Leasing Act (30 48(m) of the Internal Revenue Code of 1986 procedures approved by the Secretary in a U.S.C. 181 et seq.) that are deposited in the (as in effect on the day before the date of the plan submitted under subsection (d). Treasury, and after distribution of any funds enactment of the Revenue Reconciliation (5) SECRETARY.—The term ‘‘Secretary’’ described in paragraph (3), there shall be Act of 1990). means the Secretary of Energy. transferred to the Fund $1,000,000,000 for each SEC. 5. CREDIT FOR RESIDENTIAL ENERGY STOR- (6) STATE.—The term ‘‘State’’ means— of fiscal years 2010 through 2020. AGE EQUIPMENT. (A) a State; (3) PRIOR DISTRIBUTIONS.—The distributions (a) CREDIT ALLOWED.—Subsection (a) of (B) the District of Columbia; referred to in paragraph (2) are those re- section 25C of the Internal Revenue Code of (C) the Commonwealth of Puerto Rico; quired by law— 1986 is amended— (D) any other territory or possession of the (A) to States and to the Reclamation Fund (1) by striking ‘‘and’’ at the end of para- United States; and under the Mineral Leasing Act (30 U.S.C. graph (1), (E) an Indian tribe. 191(a)); and (2) by redesignating paragraph (2) as para- (b) ESTABLISHMENT.—There is established (B) to other funds receiving amounts from graph (3), and within the Department of Energy a revolving Federal oil and gas leasing programs, includ- (3) by inserting after paragraph (1) the fol- loan program to be known as the ‘‘Reener- ing— lowing new paragraph: gize America Loan Program’’. (i) any recipients pursuant to section 8(g) ‘‘(2) 30 percent of the amount paid or in- (c) ALLOCATIONS TO STATES.— of the Outer Continental Shelf Lands Act (43 curred by the taxpayer for qualified residen- (1) IN GENERAL.—In carrying out the Pro- U.S.C. 1337(g)); tial energy storage equipment installed dur- gram, the Secretary shall allocate funds to (ii) the Land and Water Conservation ing such taxable year, and’’. States for use in providing zero-interest Fund, pursuant to section 2(c) of the Land (b) QUALIFIED RESIDENTIAL ENERGY STOR- loans to qualified persons to carry out resi- and Water Conservation Fund Act of 1965 (16 AGE EQUIPMENT.— dential, commercial, industrial, and trans- U.S.C. 460l–5(c)); (1) IN GENERAL.—Section 25C of the Inter- portation energy efficiency and renewable (iii) the Historic Preservation Fund, pursu- nal Revenue Code of 1986 is amended— generation projects contained in State en- ant to section 108 of the National Historic (A) by redesignating subsections (e), (f), ergy conservation plans submitted and ap- Preservation Act (16 U.S.C. 470h); and and (g) as subsections (f), (g), and (h), respec- proved under sections 362 and 363 of the En- (iv) the coastal impact assistance program tively, and ergy Policy and Conservation Act (42 U.S.C. established under section 31 of the Outer (B) by inserting after subsection (d) the 6322, 6323), respectively. Continental Shelf Lands Act (43 U.S.C. following new subsection: (2) ADMINISTRATIVE EXPENSES.—A State 1356a). ‘‘(d) QUALIFIED RESIDENTIAL ENERGY STOR- that receives an allocation of funds under (4) EXPENDITURES FROM FUND.— AGE EQUIPMENT.—For purposes of this sec- this subsection may impose on each qualified (A) IN GENERAL.—Subject to subparagraph tion, the term ‘qualified residential energy person that receives a loan from the allo- (B), on request by the Secretary, the Sec- storage equipment’ means property— cated funds of the State administrative fees retary of the Treasury shall transfer from ‘‘(1) which is installed in or on a dwelling to cover the costs incurred by the State in the Fund to the Secretary such amounts as unit located in the United States and owned administering the loan. the Secretary determines to be necessary to and used by the taxpayer as the taxpayer’s (3) REPAYMENT AND RETURN OF PRINCIPAL.— provide allocations to States under sub- principal residence (within the meaning of Return of principal from loans provided by a section (c). section 121), or on property owned by the State may be retained by the State for the (B) ADMINISTRATIVE EXPENSES.—An amount taxpayer on which such a dwelling unit is lo- purpose of making additional loans pursuant not exceeding 5 percent of the amounts in cated, and to— the Fund shall be available for each fiscal ‘‘(2) which— (A) a plan approved by the Secretary under year to pay the administrative expenses nec- ‘‘(A) provides supplemental energy to re- subsection (d); and essary to carry out this subsection. duce peak energy requirements primarily on (B) such terms and conditions as the Sec- (5) TRANSFERS OF AMOUNTS.— the same site where the storage is located, or retary considers appropriate to ensure the fi- (A) IN GENERAL.—The amounts required to ‘‘(B) is designed and used primarily to re- nancial integrity of the Program. be transferred to the Fund under this sub- ceive and store intermittent renewable en- (d) APPLICATION.—A State that seeks to re- section shall be transferred at least monthly ergy generated onsite and to deliver such en- ceive an allocation under this section shall— from the general fund of the Treasury to the ergy primarily for onsite consumption. (1) submit to the Secretary for review and Fund on the basis of estimates made by the Such term may include property used to approval a 5-year plan for the administration Secretary of the Treasury. charge plug-in and hybrid electric vehicles if and distribution by the State of funds from (B) ADJUSTMENTS.—Proper adjustment such vehicles are equipped with smart grid the allocation, including a description of cri- shall be made in amounts subsequently services which control time-of-day charging teria that the State will use to determine transferred to the extent prior estimates and discharging of such vehicles. Such term the qualifications of potential borrowers for were in excess of or less than the amounts shall not include any property for which any loans made from the allocated funds; required to be transferred. other credit is allowed under this chapter.’’. (2) agree to submit to annual audits with (h) FUNDING.—Notwithstanding any other (2) CONFORMING AMENDMENT.—Section respect to any allocated funds received and provision of law, for each of fiscal years 2010 1016(a)(33) of such Code is amended by strik- distributed by the State; and through 2020, the Secretary shall use to

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carry out the Program such amounts as are The appli- ‘‘(2) MODEL YEAR.—The term ‘model year’ available in the Fund. ‘‘The fuel economy of: cable has the meaning given such term under sec- S. 1093 amount is: tion 32901(a) of such title 49. Be it enacted by the Senate and House of Rep- ‘‘(3) MOTOR VEHICLE.—The term ‘motor ve- resentatives of the United States of America in At least 26.5 but less than 27.5 .. $900. hicle’ means any vehicle which is manufac- Congress assembled, At least 27.5 but less than 28.5 .. $1,000. tured primarily for use on public streets, At least 28.5 but less than 29.5 .. $1,100. roads, and highways (not including a vehicle SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. At least 29.5 but less than 30.5 .. $1,200. operated exclusively on a rail or rails) and At least 30.5 but less than 31.5 .. $1,300. which has at least 4 wheels. (a) SHORT TITLE.—This Act may be cited as the ‘‘Oil Independence, Limiting Subsidies, At least 31.5 but less than 32.5 .. $1,400. ‘‘(4) FUEL ECONOMY; AVERAGE FUEL ECONOMY At least 32.5 but less than 33.5 .. $1,500. and Accelerating Vehicle Efficiency Act’’ or STANDARD.—The terms ‘fuel economy’ and At least 33.5 but less than 34.5 .. $1,600. the ‘‘OILSAVE Act’’. ‘average fuel economy standard’ have the At least 34.5 but less than 35.5 .. $1,700. (b) AMENDMENT OF 1986 CODE.—Except as meanings given such terms under section At least 35.5 but less than 36.5 .. $1,800. otherwise expressly provided, whenever in 32901 of such title 49. At least 36.5 but less than 37.5 .. $1,900. ‘‘(e) SPECIAL RULES.— this Act an amendment or repeal is ex- At least 37.5 but less than 38.5 .. $2,000. ‘‘(1) BASIS REDUCTION.—For purposes of this pressed in terms of an amendment to, or re- At least 38.5 but less than 39.5 .. $2,100. subtitle, the basis of any property for which peal of, a section or other provision, the ref- At least 39.5 but less than 40.5 .. $2,200. a credit is allowable under subsection (a) erence shall be considered to be made to a At least 40.5 but less than 41.5 .. $2,300. shall be reduced by the amount of such cred- section or other provision of the Internal At least 41.5 but less than 42.5 .. $2,400. it so allowed. Revenue Code of 1986. At least 42.5 ...... $2,500. ‘‘(2) NO DOUBLE BENEFIT.—The amount of SEC. 2. TAX CREDIT FOR FUEL-EFFICIENT MOTOR any deduction or other credit allowable VEHICLES. ‘‘(b) NEW QUALIFIED FUEL-EFFICIENT MOTOR under this chapter for a new qualified fuel- (a) IN GENERAL.—Subpart B of part IV of VEHICLE.—For purposes of this section, the efficient motor vehicle shall be reduced by subchapter A of chapter 1 (relating to other term ‘new qualified fuel-efficient motor vehi- the amount of credit allowed under sub- credits) is amended by inserting after section cle’ means a passenger automobile or non- section (a) for such vehicle. 30D the following new section: passenger automobile— ‘‘(3) CREDIT MAY BE TRANSFERRED.— ‘‘SEC. 30E. FUEL-EFFICIENT MOTOR VEHICLE ‘‘(1) which is treated as a motor vehicle for ‘‘(A) IN GENERAL.—A taxpayer may, in con- CREDIT. purposes of title II of the Clean Air Act, nection with the purchase of a new qualified ‘‘(a) ALLOWANCE OF CREDIT.— ‘‘(2) which— fuel-efficient motor vehicle, transfer any ‘‘(1) IN GENERAL.—There shall be allowed as ‘‘(A) in the case of a passenger automobile, credit allowable under subsection (a) to any a credit against the tax imposed by this achieves a fuel economy of not less than 110 person who is in the trade or business of sell- chapter for the taxable year an amount percent of the industry-wide average fuel ing new qualified fuel-efficient motor vehi- equal to the amount determined under para- economy standard for the model year for all cles, but only if such person clearly discloses graph (2) with respect to any new qualified passenger automobiles, and to such taxpayer, through the use of a win- fuel-efficient motor vehicle placed in service ‘‘(B) in the case of a non-passenger auto- dow sticker attached to the new qualified by the taxpayer during the taxable year. mobile, achieves a fuel economy of not less fuel-efficient vehicle— ‘‘(2) CREDIT AMOUNT.—With respect to each than 110 percent of the industry-wide aver- ‘‘(i) the amount of any credit allowable new qualified fuel-efficient motor vehicle, age fuel economy standard for the model under subsection (a) with respect to such ve- the amount determined under this paragraph year for all non-passenger automobiles, hicle (determined without regard to sub- shall be equal to— ‘‘(3) which has a gross vehicle weight rat- section (c)), and ‘‘(A) in the case of any vehicle manufac- ing of less than 14,000 pounds, ‘‘(ii) a notification that the taxpayer will tured in model year 2011, the applicable ‘‘(4) the original use of which commences not be eligible for any credit under section amount determined in accordance with the with the taxpayer, 30, 30B, or 30D with respect to such vehicle table contained in paragraph (3), and ‘‘(5) which is acquired for use or lease by unless the taxpayer elects not to have this ‘‘(B) in the case of any passenger auto- the taxpayer and not for resale, and section apply with respect to such vehicle. mobile or non-passenger automobile manu- ‘‘(6) which is made by a manufacturer dur- ‘‘(B) CONSENT REQUIRED FOR REVOCATION.— factured in a model year after 2011, the lesser ing the period beginning with model year Any transfer under subparagraph (A) may be of— 2011 and ending with model year 2020. revoked only with the consent of the Sec- ‘‘(i) the sum of— ‘‘(c) APPLICATION WITH OTHER CREDITS.— retary. ‘‘(I) $900, plus ‘‘(1) BUSINESS CREDIT TREATED AS PART OF ‘‘(C) REGULATIONS.—The Secretary may ‘‘(II) $100 for each whole mile per gallon in GENERAL BUSINESS CREDIT.—So much of the prescribe such regulations as necessary to excess of 110 percent of the respective indus- credit which would be allowed under sub- ensure that any credit described in subpara- try-wide average fuel economy standard for section (a) for any taxable year (determined graph (A) is claimed once and not retrans- such model year for all passenger auto- without regard to this subsection) that is at- ferred by a transferee. mobiles and all non-passenger automobiles, tributable to property of a character subject ‘‘(4) PROPERTY USED OUTSIDE UNITED STATES or to an allowance for depreciation shall be NOT QUALIFIED.—No credit shall be allowable ‘‘(ii) $2,500. treated as a credit listed in section 38(b) for under subsection (a) with respect to any PPLICABLE AMOUNT.—For purposes of ‘‘(3) A such taxable year (and not allowed under property referred to in section 50(b)(1). paragraph (2)(A), the applicable amount subsection (a)). ‘‘(5) RECAPTURE.—The Secretary shall, by shall be determined as follows: ‘‘(2) PERSONAL CREDIT.— regulations, provide for recapturing the ben- ‘‘(A) In the case of a passenger automobile ‘‘(A) IN GENERAL.—For purposes of this efit of any credit allowable under subsection which achieves: title, the credit allowed under subsection (a) (a) with respect to any property which ceases for any taxable year (determined after appli- to be property eligible for such credit. The application of paragraph (1)) shall be treated as a ‘‘(6) ELECTION NOT TO TAKE CREDIT.—No ‘‘The fuel economy of: cable credit allowable under subpart A for such credit shall be allowed under subsection (a) amount is: taxable year. for any vehicle if the taxpayer elects to not ‘‘(B) LIMITATION BASED ON AMOUNT OF have this section apply to such vehicle. At least 33.2 but less than 34.2 .. $900. TAX.—In the case of a taxable year to which ‘‘(7) INTERACTION WITH AIR QUALITY AND At least 34.2 but less than 35.2 .. $1,000. section 26(a)(2) does not apply, the credit al- MOTOR VEHICLE SAFETY STANDARDS.—A motor At least 35.2 but less than 36.2 .. $1,100. lowed under subsection (a) for any taxable vehicle shall not be considered eligible for a At least 36.2 but less than 37.2 .. $1,200. year (determined after application of para- credit under this section unless such vehicle At least 37.2 but less than 38.2 .. $1,300. graph (1)) shall not exceed the excess of— is in compliance with— At least 38.2 but less than 39.2 .. $1,400. ‘‘(i) the sum of the regular tax liability (as ‘‘(A) the applicable provisions of the Clean At least 39.2 but less than 40.2 .. $1,500. defined in section 26(b)) plus the tax imposed Air Act for the applicable make and model At least 40.2 but less than 41.2 .. $1,600. by section 55, over year of the vehicle (or applicable air quality At least 41.2 but less than 42.2 .. $1,700. ‘‘(ii) the sum of the credits allowable under provisions of State law in the case of a State At least 42.2 but less than 43.2 .. $1,800. subpart A (other than this section and sec- which has adopted such provision under a At least 43.2 but less than 44.2 .. $1,900. tions 23, 25D, 30, and 30D) and section 27 for waiver under section 209(b) of the Clean Air At least 44.2 but less than 45.2 .. $2,000. the taxable year. Act), and At least 45.2 but less than 46.2 .. $2,100. ‘‘(d) OTHER DEFINITIONS.—For purposes of ‘‘(B) the motor vehicle safety provisions of At least 46.2 but less than 47.2 .. $2,200. this section— sections 30101 through 30169 of title 49, At least 47.2 but less than 48.2 .. $2,300. ‘‘(1) MANUFACTURER.—The term ‘manufac- United States Code. At least 48.2 but less than 49.2 .. $2,400. turer’ has the meaning given such term in ‘‘(f) TERMINATION.—This section shall not At least 49.2 ...... $2,500. regulations prescribed by the Administrator apply to property placed in service after De- of the Environmental Protection Agency for cember 31, 2020.’’. ‘‘(B) In the case of a non-passenger auto- purposes of the administration of title II of (b) CREDIT ALLOWED AGAINST ALTERNATIVE mobile which achieves: the Clean Air Act (42 U.S.C. 7521 et seq.). MINIMUM TAX.—

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(1) BUSINESS CREDIT.—Section 38(c)(4)(B) is ‘‘(D) is acquired for use by the taxpayer placed in service after December 31, 2009, in amended by redesignating clauses (i) through and not for resale, and taxable years ending after such date. (viii) as clauses (ii) through (ix), respec- ‘‘(E) has not been taken into account for SEC. 4. INCREASE IN GAS GUZZLER TAX. tively, and by inserting before clause (ii) (as purposes of determining the credit under this (a) IN GENERAL.—Subsection (a) of section so redesignated) the following new clause: section for any preceding taxable year with 4064 (relating to gas guzzler tax) is amended ‘‘(i) the credit determined under section respect to such qualifying vehicle. to read as follows: ‘‘(2) QUALIFYING VEHICLE.—The term ‘quali- 30E,’’. ‘‘(a) IMPOSITION OF TAX.— ERSONAL CREDIT fying vehicle’ means any vehicle subject to (2) P .— ‘‘(1) IN GENERAL.—There is hereby imposed transportation fuels regulations under the (A) Section 24(b)(3)(B) is amended by strik- on the sale by the manufacturer of each Clean Air Act. ing ‘‘and 30D’’ and inserting ‘‘30D, and 30E’’. automobile a tax equal to— ‘‘(3) FUEL ECONOMY.—The term ‘fuel econ- (B) Section 25(e)(1)(C)(ii) is amended by in- ‘‘(A) in the case of any automobile manu- omy’ has the meaning given such term under serting ‘‘30E,’’ after ‘‘30D,’’. factured in model year 2011, the applicable section 32901 of such title 49. (C) Section 25B(g)(2) is amended by strik- tax amount determined in accordance with ‘‘(d) SPECIAL RULES.— ing ‘‘and 30D’’ and inserting ‘‘30D, and 30E’’. the table contained in paragraph (2), and ‘‘(1) NO DOUBLE BENEFIT.— (D) Section 26(a)(1) is amended by striking ‘‘(B) in the case of any automobile manu- ‘‘ and 30D’’ and inserting ‘‘30D, and 30E’’. ‘‘(A) REDUCTION IN BASIS.—If a credit is determined under this section with respect to factured in a model year after 2011, if the (E) Section 904(i) is amended by striking fuel economy of the model type in which ‘‘and 30D’’ and inserting ‘‘30D, and 30E’’. any property by reason of expenditures described in subsection (a), the basis of such such automobile falls is less than 80 percent (c) CONFORMING AMENDMENTS.— of the industry-wide average fuel economy (1) Section 38(a) is amended by striking property shall be reduced by the amount of the credit so determined. standard for such model year for all auto- ‘‘plus’’ at the end of paragraph (34), by strik- mobiles, an amount equal to the lesser of— ing the period at the end of paragraph (35) ‘‘(B) OTHER DEDUCTIONS AND CREDITS.—The amount of any deduction or other credit al- ‘‘(i) an amount based on each mile per gal- and inserting ‘‘, plus’’, and by adding at the lon reduction below such 80 percent equal end the following new paragraph: lowable under this chapter for a qualifying tol ‘‘(36) the portion of the new qualified fuel- vehicle shall be reduced by the amount of credit allowed under subsection (a) with re- ‘‘(I) $1,000 for the first mile per gallon re- efficient motor vehicle credit to which sec- duction, or tion 30E(c)(1) applies.’’. spect to such vehicle. ‘‘(2) CREDIT MAY BE TRANSFERRED.— ‘‘(II) an aggregate amount equal to 125 per- (2) Section 1016(a) is amended by striking cent of the previous dollar amount for each ‘‘and’’ at the end of paragraph (36), by strik- ‘‘(A) IN GENERAL.—A taxpayer may, in connection with the purchase of a qualifying additional mile per gallon reduction, or ing the period at the end of paragraph (37) ‘‘(ii) $22,737. and inserting ‘‘, and’’, and by adding at the fuel savings component, transfer any credit end the following new paragraph: allowable under subsection (a) to any person For purposes of subparagraph (B), any frac- ‘‘(38) to the extent provided in section who is in the trade or business of selling tion of a mile per gallon shall be rounded to such components, but only if such person 30E(e)(1).’’. the nearest mile per gallon and any fraction clearly discloses to such taxpayer, through (3) Section 6501(m) is amended by inserting of a dollar shall be rounded to the nearest the use of a sticker attached to the quali- ‘‘30E(e)(6),’’ after ‘‘30D(e)(4),’’. dollar. fying fuel savings component, the amount of (4) The table of section for subpart C of ‘‘(2) APPLICABLE TAX AMOUNT.—For pur- any credit allowable under subsection (a) part IV of subchapter A of chapter 1 is poses of paragraph (1)(A), the applicable tax with respect to such component. amended by inserting after the item relating amount shall be determined as follows: ‘‘(B) CONSENT REQUIRED FOR REVOCATION.— to section 30D the following new item: Any transfer under subparagraph (A) may be ‘‘If the fuel economy of the The appli- ‘‘Sec. 30E. Fuel-efficient motor vehicle cred- revoked only with the consent of the Sec- it.’’. model type in which the auto- cable tax retary. mobile falls is: amount is: (d) EFFECTIVE DATE.—The amendments ‘‘(C) REGULATIONS.—The Secretary may made by this section shall apply to property prescribe such regulations as necessary to At least 24.2 ...... $0. placed in service after December 31, 2009. ensure that any credit described in subpara- At least 23.2 but less than 24.2 .. $1,000. SEC. 3. CREDIT FOR FUEL SAVINGS COMPO- graph (A) is claimed once and not retrans- At least 22.2 but less than 23.2 .. $1,250. NENTS FOR CERTAIN VEHICLES. ferred by a transferee. At least 21.2 but less than 22.2 .. $1,563. (a) IN GENERAL.—Subpart D of part IV of ‘‘(3) ELECTION NOT TO CLAIM CREDIT.—No At least 20.2 but less than 21.2 .. $1,953. subchapter A of chapter 1 (relating to busi- credit shall be allowed under subsection (a) At least 19.2 but less than 20.2 .. $2,441. ness-related credits) is amended by adding at for any component if the taxpayer elects to At least 18.2 but less than 19.2 .. $3,052. the end the following new section: not have this section apply to such compo- At least 17.2 but less than 18.2 .. $3,815. ‘‘SEC. 45R. CREDIT FOR FUEL SAVINGS COMPO- nent. At least 16.2 but less than 17.2 .. $4,768. NENTS FOR CERTAIN VEHICLES. ‘‘(e) TERMINATION.—This section shall not At least 15.2 but less than 16.2 .. $5,960. ‘‘(a) GENERAL RULE.—For purposes of sec- apply to property placed in service after De- At least 14.2 but less than 15.2 .. $7,451. tion 38, the fuel savings tax credit deter- cember 31, 2020.’’. At least 13.2 but less than 14.2 .. $9,313. mined under this section for the taxable year (b) CREDIT TO BE PART OF GENERAL BUSI- At least 12.2 but less than 13.2 .. $11,642. is an amount equal to the applicable percent- NESS CREDIT.—Subsection (b) of section 38 At least 11.2 but less than 12.2 .. $14,552. age of the amount paid or incurred for 1 or (relating to general business credit), as At least 10.2 but less than 11.2 .. $18,190. more qualifying fuel savings components amended by this Act, is amended by striking Less than 10.2 ...... $22,737.’’. placed in service on a qualifying vehicle by ‘‘plus’’ at the end of paragraph (35), by strik- the taxpayer during the taxable year. ing the period at the end of paragraph (36) (b) DEFINITION.—Section 4064(b) (relating to ‘‘(b) APPLICABLE PERCENTAGE.—For pur- and inserting ‘‘, plus’’ , and by adding at the definitions) is amended by adding at the end poses of subsection (a), the applicable per- end the following new paragraph: the following new paragraph: centage is equal to the sum of— ‘‘(37) the fuel savings tax credit determined ‘‘(8) AVERAGE FUEL ECONOMY STANDARD.— ‘‘(1) 5 percent, plus under section 45R(a).’’. The term ‘average fuel economy standard’ ‘‘(2) 5 percentage points (not to exceed 45 (c) CONFORMING AMENDMENTS.— has the meaning given such term under sec- percentage points), for each percent in ex- (1) The table of sections for subpart D of tion 32901 of title 49, United States Code.’’. cess of 2 percent by which the fuel economy part IV of subchapter A of chapter 1 is (c) EFFECTIVE DATE.—The amendments achieved by the qualifying vehicle with 1 or amended by inserting after the item relating made by this section shall apply to sales more qualifying fuel savings components ex- to section 45Q the following new item: after December 31, 2009. ceeds such qualifying vehicle without such ‘‘Sec. 45R. Credit for fuel savings compo- component or components. nents for certain vehicles and SEC. 5. INCREASE IN MANUFACTURER CAFE PEN- ALTIES. ‘‘(c) DEFINITIONS.—For purposes of this sec- engines.’’. tion— (2) Section 1016(a), as amended by this Act, (a) IN GENERAL.—Section 32912 of title 49, ‘‘(1) QUALIFYING FUEL SAVINGS COMPO- is amended by striking ‘‘and’’ at the end of United States Code, is amended— NENT.—The term ‘qualifying fuel savings paragraph (37), by striking the period at the (1) by striking ‘‘$5’’ in subsection (b) and component’ means any device or system of end of paragraph (38) and inserting ‘‘, and’’, inserting ‘‘$50’’, and devices that— and by adding at the end the following: (2) by striking ‘‘$10’’ in subsection (c)(1)(B) ‘‘(A) is installed on a qualifying vehicle, ‘‘(39) in the case of a component with re- and inserting ‘‘$100’’. ‘‘(B) is designed to increase the fuel econ- spect to which a credit was allowed under (b) EFFECTIVE DATE.—The amendments omy of such vehicle by at least 2 percent, the section 45R, to the extent provided in section made by this section shall apply to model amount of such increase to be verified by the 45R(d)(1)(A).’’. years beginning after the date of the enact- Administrator of the Environmental Protec- (3) Section 6501(m), as amended by this ment of this Act. tion Agency under the SmartWay Transport Act, is amended by inserting ‘‘45R(d)(3)’’ SEC. 6. DEPLOYMENT OF LOW-GREENHOUSE GAS Partnership, after ‘‘45H(g)’’. AND FUEL-SAVING TECHNOLOGIES. ‘‘(C) the original use of which commences (d) EFFECTIVE DATE.—The amendments Section 756 of the Energy Policy Act of with the taxpayer, made by this section shall apply to property 2005 (42 U.S.C. 16104) is amended—

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(1) by striking the section heading and all saving technologies that provide superior en- ‘‘(d) IMPROVING FREIGHT GREENHOUSE GAS that follows through the end of subsection vironmental performance for each mode of PERFORMANCE DATABASES.—The Secretary of (b) and inserting the following: passenger transportation and goods move- Commerce, in consultation with the Admin- ‘‘SEC. 756. DEPLOYMENT OF LOW-GREENHOUSE ment; and istrator, shall— GAS AND FUEL-SAVING TECH- ‘‘(C)(i) publish a list of low-greenhouse gas ‘‘(1)(A) define and collect data on the phys- NOLOGIES. and fuel-saving technologies; ical and operational characteristics of the ‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) identify the greenhouse gas and fuel truck fleet of the United States, with special ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- efficiency performance of each technology; emphasis on data relating to fuel efficiency trator’ means the Administrator of the Envi- and and greenhouse gas performance to provide ronmental Protection Agency. ‘‘(iii) identify those technologies that meet data for the performance index published ‘‘(2) ADVANCED TRUCK STOP ELECTRIFICATION the SmartWay performance thresholds devel- under subsection (b)(5)(B)(ii); and SYSTEM.—The term ‘advanced truck stop oped under subparagraph (B). ‘‘(B) publish the data described in subpara- electrification system’ means a stationary ‘‘(3) PROMOTION AND DEPLOYMENT OF TECH- graph (A) through the Vehicle Inventory and system that delivers heat, air conditioning, NOLOGIES.—The Administrator shall— Use Survey as soon as practicable after the electricity, or communications, and is capa- ‘‘(A) implement partnership and recogni- date of enactment of the OILSAVE Act, and ble of providing verifiable and auditable evi- tion programs to promote best practices and at least every 5 years thereafter, as part of dence of use of those services, to a heavy- the economic census required under title 13, duty vehicle and any occupants of the heavy- drive demand for fuel-efficient, low-greenhouse gas transportation performance; United States Code; and duty vehicle with, or for delivery, of those ‘‘(2) define, collect, and publish data for services. ‘‘(B) promote the availability of and encourage the adoption of technologies that other modes of goods transport (including ‘‘(3) AUXILIARY POWER UNIT.—The term rail and marine), as necessary. ‘auxiliary power unit’ means an integrated meet the SmartWay performance thresholds ‘‘(e) REPORT.—Not later than 18 months system that— developed under paragraph (2)(B); after the date on which funds are initially ‘‘(A) provides heat, air conditioning, en- ‘‘(C) publicize the availability of financial awarded under this section and on a biennial gine warming, or electricity to components incentives (such as Federal tax incentives, basis thereafter, the Administrator shall on a heavy-duty vehicle; and grants, and low-cost loans) for the deploy- submit to Congress a report containing a de- ‘‘(B) is certified by the Administrator ment of low-greenhouse gas and fuel-saving under part 89 of title 40, Code of Federal Reg- technologies; and scription of— ulations (or any successor regulation), as ‘‘(D) deploy low-greenhouse gas and fuel- ‘‘(1) actions taken to implement the low- meeting applicable emission standards. saving technologies through grant and loan greenhouse gas and fuel-saving technology deployment program established under sub- ‘‘(4) HEAVY-DUTY VEHICLE.—The term programs. ‘heavy-duty vehicle’ means a vehicle that ‘‘(4) STAKEHOLDER CONSULTATION.— section (b), including— has a gross vehicle weight rating greater ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(A) the measurement protocols; than 8,500 pounds. solicit the comments of interested parties ‘‘(B) the SmartWay performance thresh- ‘‘(5) IDLE REDUCTION TECHNOLOGY.—The prior to establishing a new or revising an ex- olds; and term ‘idle reduction technology’ means an isting SmartWay technology category, meas- ‘‘(C) a list of low-greenhouse gas and fuel- advanced truck stop electrification system, urement protocol, or performance threshold. saving technologies; and auxiliary power unit, or other technology ‘‘(B) NOTICE.—On adoption of a new or re- ‘‘(2) estimated greenhouse gas emissions that— vised technology category, measurement and fuel savings from the program.’’. ‘‘(A) is used to reduce idling; and protocol, or performance threshold, the Ad- S. 1094 ‘‘(B) allows for the main drive engine or ministrator shall publish a notice and expla- Be it enacted by the Senate and House of Rep- auxiliary refrigeration engine to be shut nation of any changes and, if appropriate, re- resentatives of the United States of America in down. sponses to comments submitted by inter- Congress assembled, ‘‘(6) LONG-DURATION IDLING.— ested parties. SECTION 1. SHORT TITLE. ‘‘(A) IN GENERAL.—The term ‘long-duration ‘‘(5) FREIGHT PARTNERSHIP.— idling’ means the operation of a main drive ‘‘(A) IN GENERAL.—The Administrator shall This Act may be cited as the ‘‘Renewable engine or auxiliary refrigeration engine, for implement, through the SmartWay Trans- Energy Alternative Production Act’’ or the a period greater than 15 consecutive min- port Partnership, a program with shippers ‘‘REAP Act’’. utes, at a time at which the main drive en- and carriers of goods to promote fuel-effi- SEC. 2. CREDIT FOR PRODUCTION OF RENEW- gine is not engaged in gear. cient, low-greenhouse gas transportation. ABLE ENERGY. ‘‘(B) EXCLUSIONS.—The term ‘long-duration ‘‘(B) ADMINISTRATION.—The Administrator (a) IN GENERAL.—Section 45 of the Internal idling’ does not include the operation of a shall— Revenue Code of 1986 is amended by adding main drive engine or auxiliary refrigeration ‘‘(i) verify the greenhouse gas performance at the end the following new subsection: engine during a routine stoppage associated and fuel efficiency of participating freight ‘‘(f) CREDIT ALLOWED FOR PRODUCTION OF with traffic movement or congestion. carriers, including carriers involved in rail, NON-ELECTRIC ENERGY.— ‘‘(7) LOW-GREENHOUSE GAS AND FUEL-SAVING trucking, marine, and other goods movement ‘‘(1) IN GENERAL.—The credit allowed under TECHNOLOGY.—The term ‘low-greenhouse gas operations; subsection (a) shall be increased by an and fuel-saving technology’ means any de- ‘‘(ii) publish a comprehensive greenhouse amount equal to the product of— vice, system of devices, strategies, or equip- gas and fuel efficiency performance index of ‘‘(A) the dollar amount determined under ment that— freight modes (including rail, trucking, ma- paragraph (2), and ‘‘(A) reduces greenhouse gas emissions; or rine, and other modes of transporting goods) ‘‘(B) each million British thermal units ‘‘(B) improves fuel efficiency. and individual freight companies so that (mmBtu) of qualified fuel which is— ‘‘(b) LOW-GREENHOUSE GAS AND FUEL-SAV- shippers can choose to deliver the goods of ‘‘(i) produced by the taxpayer— ING TECHNOLOGY DEPLOYMENT PROGRAM.— the shippers most efficiently with minimum ‘‘(I) from qualified energy resources, and ‘‘(1) ESTABLISHMENT.— greenhouse gas emissions; ‘‘(II) at any facility during the 10-year pe- ‘‘(A) IN GENERAL.—Not later than 90 days ‘‘(iii) develop tools for— riod beginning on the date such facility was after the date of enactment of the OILSAVE ‘‘(I) freight carriers to calculate and im- placed in service, Act, the Administrator, in consultation with prove the fuel efficiency and greenhouse gas ‘‘(ii) not used for the production of elec- the Secretary of Energy, shall implement, performance of the carriers; and tricity, and through the SmartWay Transport Partner- ‘‘(II) shippers— ‘‘(iii) sold by the taxpayer to an unrelated ship of the Environmental Protection Agen- ‘‘(aa) to calculate the fuel and greenhouse person during the taxable year. cy, a program to support deployment of low- gas impacts of moving the products of the ‘‘(2) DOLLAR AMOUNT.—The dollar amount greenhouse gas and fuel-saving technologies. shippers; and determined under this paragraph shall be the ‘‘(B) PRIORITY.—The Administrator shall ‘‘(bb) to evaluate the relative impacts from amount determined by the Secretary to be give priority to the deployment of low-green- transporting the goods of the shippers by dif- the equivalent, expressed in British thermal house gas and fuel-saving technologies that ferent modes and carriers; and units, of the credit allowed under subsection meet SmartWay performance thresholds de- ‘‘(iv) recognize participating shipper and (a) for 1 kilowatt hour of electricity. veloped under paragraph (2)(B). carrier companies that demonstrate ad- ‘‘(3) REDUCTION FOR GRANTS, TAX EXEMPT ‘‘(2) TECHNOLOGY DESIGNATION AND DEPLOY- vanced practices and achieve superior levels BONDS, SUBSIDIZED ENERGY FINANCING, AND MENT.—The Administrator shall— of fuel efficiency and greenhouse gas per- OTHER CREDITS.—Rules similar to the rules of ‘‘(A) develop measurement protocols to formance. subsection (b)(3) shall apply for purposes of evaluate the fuel consumption and green- ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— paragraph (1). house gas performance of transportation There is authorized to be appropriated to the ‘‘(4) DEFINITIONS AND SPECIAL RULES.—For technologies, including technologies for pas- Administrator to carry out this subsection purposes of this subsection— senger transport and goods movement; $19,500,000 for each of fiscal years 2010 ‘‘(A) QUALIFIED FUEL.—The term ‘qualified ‘‘(B) develop SmartWay performance through 2020.’’; and fuel’ means an energy product which is pro- thresholds that can be used to certify, verify, (2) by striking subsection (d) and inserting duced, extracted, converted, or synthesized or designate low-greenhouse gas and fuel- the following: from a qualified energy resource through a

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controlled process, including pyrolysis, elec- (c) EFFECTIVE DATE.—The amendments ‘‘Calendar year: Applicable trolysis, and anaerobic digestion, which re- made by this section shall apply to periods percentage less sults in a product consisting of methane, after the date of the enactment of this Act, than baseline synthesis gas, hydrogen, steam, manufac- under rules similar to the rules of section lifecycle tured cellulosic fuels, or any other form of 48(m) of the Internal Revenue Code of 1986 greenhouse gas energy provided under regulations by the (as in effect on the day before the date of the emissions: Secretary and which is used solely as a enactment of the Revenue Reconciliation 2015 ...... 20.0 source of energy. Act of 1990). 2016 ...... 21.5 ‘‘(B) ALLOCATION OF CREDIT TO PATRONS OF 2017 ...... 23.0 SEC. 4. RENEWABLE NON-ELECTRIC ENERGY 2018 ...... 24.5 AGRICULTURAL COOPERATIVES.—Rules similar PRODUCTION FACILITIES ELIGIBLE 2019 ...... 26.0 to the rules of subsection (e)(11) shall apply FOR NEW CLEAN RENEWABLE EN- 2020 ...... 27.5 for purposes of paragraph (1).’’. ERGY BONDS. 2021 ...... 29.0 (b) CONFORMING AMENDMENTS.— (a) IN GENERAL.—Paragraph (1) of section 2022 ...... 30.5 (1) The heading for section 45 of the Inter- 54C(d) of the Internal Revenue Code of 1986 is 2023 ...... 32.0 nal Revenue Code of 1986 is amended by amended to read as follows: 2024 ...... 33.5 striking ‘‘ELECTRICITY’’ and inserting ‘‘EN- ‘‘(1) QUALIFIED RENEWABLE ENERGY FACIL- 2025 ...... 35.0 ERGY’’. ITY.—The term ‘qualified renewable energy 2026 ...... 36.5 2027 ...... 38.0 (2) The table of sections for subpart D of facility’ means a facility which is— 2028 ...... 39.5 part IV of subchapter A of chapter 1 of such ‘‘(A)(i) a qualified facility (as determined Code is amended by striking ‘‘Electricity’’ in 2029 ...... 41.0 under section 45(d) without regard to para- 2030 ...... 42.5 the item relating to section 45 and inserting graphs (8) and (10) thereof and to any placed 2031 and thereafter ...... Percentage ‘‘Energy’’. in service date), or determined under (c) EFFECTIVE DATE.—The amendments ‘‘(ii) a facility which produces qualified paragraph (2)(B)(ii). made by this section shall apply to taxable fuel (as defined in section 45(f)(4)(A)) which ‘‘(D) RENEWABLE BIOMASS.—The term ‘re- years beginning after the date of the enact- is derived from qualified energy resources ment of this Act. newable biomass’ means each of the fol- (within the meaning of section 45(f)(4)(B)) lowing: SEC. 3. ENERGY CREDIT FOR ONSITE RENEW- and not used for the production of elec- ABLE NON-ELECTRIC ENERGY PRO- ‘‘(i) Planted crops and crop residue har- DUCTION FACILITIES. tricity, and vested from agricultural land cleared or cul- (a) CREDIT ALLOWED.—Clause (i) of section ‘‘(B) owned by a public power provider, a tivated at any time prior to December 19, 48(a)(2)(A) of the Internal Revenue Code of governmental body, or a cooperative electric 2007, that is either actively managed or fal- 1986 is amended— company.’’. low, and nonforested. (1) by striking ‘‘and’’ at the end of sub- (b) EFFECTIVE DATE.—The amendment ‘‘(ii) Planted trees, bioenergy crops, and clause (III), and made by this section shall apply to obliga- tree residue from actively managed tree (2) by adding at the end the following new tions issued after the date of the enactment plantations on non-Federal land cleared at subclause: of this Act. any time prior to December 19, 2007, includ- ‘‘(V) qualified onsite renewable non-elec- S. 1095 ing land belonging to an Indian tribe or an tric energy production property,’’. Indian individual, that is held in trust by the (b) QUALIFIED ONSITE RENEWABLE NON- Be it enacted by the Senate and House of Rep- United States or subject to a restriction ELECTRIC ENERGY PRODUCTION PROPERTY.— resentatives of the United States of America in against alienation imposed by the United Subsection (c) of section 48 of the Internal Congress assembled, States. Revenue Code of 1986 is amended by adding SECTION 1. SHORT TITLE. ‘‘(iii) Slash, brush, and those trees that are at the end the following new paragraph: This Act may be cited as the ‘‘America’s byproducts of ecological restoration, disease ‘‘(5) QUALIFIED ONSITE RENEWABLE NON- Low-Carbon Fuel Standard Act of 2009’’. or insect infestation control, or hazardous ELECTRIC ENERGY PRODUCTION PROPERTY.— fuels reduction treatments and do not exceed SEC. 2. LOW-CARBON FUEL PROGRAM. ‘‘(A) IN GENERAL.—The term ‘qualified on- the minimum size standards for sawtimber, site renewable non-electric energy produc- (a) IN GENERAL.—Section 211 of the Clean harvested— tion property’ means property which pro- Air Act (42 U.S.C. 7545) is amended by strik- ‘‘(I) in ecologically sustainable quantities, duces qualified fuel— ing subsection (o) and inserting the fol- as determined by the appropriate Federal ‘‘(i) from qualified energy resources, lowing: land manager; and ‘‘(ii) not used for the production of elec- ‘‘(o) LOW-CARBON FUEL PROGRAM.— ‘‘(II) from National Forest System land or tricity, and ‘‘(1) DEFINITIONS.—In this subsection: public land (as defined in section 103 of the ‘‘(iii) used primarily on the same site ‘‘(A) BASELINE LIFECYCLE GREENHOUSE GAS Federal Land Policy and Management Act of where the production is located to replace an EMISSIONS.—The term ‘baseline lifecycle 1976 (43 U.S.C. 1702)), other than— equivalent amount of non-renewable fuel (de- greenhouse gas emissions’ means the average ‘‘(aa) components of the National Wilder- termined based on the number of British lifecycle greenhouse gas emissions, as deter- ness Preservation System; thermal units of non-renewable fuel con- mined by the Administrator, after notice and ‘‘(bb) wilderness study areas; sumed by the taxpayer in the prior taxable opportunity for comment, for transportation ‘‘(cc) inventoried roadless areas; year) or to provide energy primarily on such fuel sold or distributed as transportation ‘‘(dd) old growth or late successional forest site for a use that did not exist prior to the fuel in 2005. stands unless biomass from the stand is har- later of the date of the enactment of this ‘‘(B) LIFECYCLE GREENHOUSE GAS EMIS- vested as a byproduct of an ecological res- paragraph or the date such property was SIONS.—The term ‘lifecycle greenhouse gas toration treatment that fully maintains, or placed in service. emissions’ means the aggregate quantity of contributes toward the restoration of, the ‘‘(B) DEFINITIONS.—For purposes of this greenhouse gas emissions (including direct structure and composition of an old growth paragraph— emissions and significant indirect emissions forest stand taking into account the con- ‘‘(i) QUALIFIED FUEL.—The term ‘qualified such as significant emissions from land use tribution of the stand to landscape fire adap- fuel’ means an energy product which is pro- changes), as determined by the Adminis- tation and watershed health, and retaining duced, extracted, converted, or synthesized trator, related to the full fuel lifecycle, in- large trees contributing to old-growth struc- from a qualified energy resource through a cluding all stages of fuel and feedstock pro- ture; controlled process, including pyrolysis, elec- duction and distribution, from feedstock ‘‘(ee) components of the National Land- trolysis, and anaerobic digestion, which re- generation or extraction through the dis- scape Conservation System; and sults in a product consisting of methane, tribution and delivery and use of the finished ‘‘(ff) National Monuments. synthesis gas, hydrogen, steam, manufac- fuel to the ultimate consumer, where the ‘‘(iv) Animal waste material and animal tured cellulosic fuels, or any other form of mass values for all greenhouse gases are ad- byproducts. energy provided under regulations by the justed to account for their relative global ‘‘(v) Slash and pre-commercial thinnings Secretary and which is used solely as a warming potential. that are from non-Federal forestland, includ- source of energy. ‘‘(C) LOW-CARBON FUEL.—The term ‘lowing forestland belonging to an Indian tribe or ‘‘(ii) QUALIFIED ENERGY RESOURCES.—The carbon fuel’ means transportation fuel (in- an Indian individual, that are held in trust term ‘qualified energy resources’ has the cluding renewable fuel, electricity, hydro- by the United States or subject to a restric- meaning given such term by paragraph (1) of gen, and other forms of energy) that has tion against alienation imposed by the section 45(c). lifecycle greenhouse gas emissions, as deter- United States, but not forests or forestland ‘‘(iii) TERMINATION.—The term ‘qualified mined by the Administrator, after notice and that are ecological communities with a glob- onsite renewable non-electric energy produc- opportunity for comment, that on annual av- al or State ranking of critically imperiled, tion property’ shall not include any property erage basis are equal to at least the fol- imperiled, or rare pursuant to a State Nat- for any period after the date which is 10 lowing percentage less than baseline ural Heritage Program, old growth forest, or years after the date of the enactment of the lifecycle greenhouse gas emissions deter- late successional forest. Renewable Energy Alternative Production mined in accordance with the following ‘‘(vi) Biomass from land in any ownership Act.’’. table: obtained from the immediate vicinity of

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ment for low-carbon fuel. ‘‘(i) produced from renewable biomass; and ‘‘(dd) the impact of low-carbon fuel on the ‘‘(ii) MAXIMUM ACHIEVABLE LEVEL.—The ad- ‘‘(ii) used to replace or reduce the quantity infrastructure of the United States, includ- justed greenhouse gas reduction shall be es- of fossil fuel present in a transportation fuel. ing deliverability of materials, goods, and tablished at the maximum achievable level, products other than low-carbon fuel, and the ‘‘(F) TRANSPORTATION FUEL.—The term taking cost in consideration, allowing for sufficiency of infrastructure to deliver and ‘transportation fuel’ means fuel for use in the use of a variety of feedstocks, tech- use low-carbon fuel; motor vehicles, motor vehicle engines, or nologies, and processes. nonroad vehicles (except for ocean-going ves- ‘‘(ee) the impact of the use of low-carbon ‘‘(D) SUBSEQUENT ADJUSTMENTS.— sels). fuel on the cost to consumers of transportation fuel and on the cost to transport ‘‘(i) IN GENERAL.—After the Administrator ‘‘(2) PROGRAM.— has promulgated a final rule under para- ‘‘(A) REGULATIONS.— goods; and ‘‘(ff) the impact of the use of low-carbon graph (2)(A)(i) with respect to the method of ‘‘(i) IN GENERAL.—Not later than January determining lifecycle greenhouse gas emis- 31, 2015, the Administrator shall promulgate fuel on other factors, including job creation, sions, the Administrator may not adjust the regulations to ensure that the applicable the price and supply of agricultural commod- percent greenhouse gas reduction levels un- percentage determined under subparagraph ities, rural economic development, and food less the Administrator determines that there (B) of the transportation fuel sold or intro- prices. has been a significant change in the analyt- duced into commerce in the United States, ‘‘(II) DEADLINE.—The Administrator shall ical basis used for determining the lifecycle on an annual average basis, is low-carbon promulgate rules establishing the applicable greenhouse gas emissions. fuel. volumes under this clause not later than 14 ‘‘(ii) CRITERIA AND STANDARDS.—If the Ad- ‘‘(ii) PROVISIONS OF REGULATIONS.—Regard- months before the first year for which the ministrator makes the determination that less of the date of promulgation, the regula- applicable percentage will apply. an adjustment is required, the Administrator tions promulgated under clause (i)— ‘‘(3) APPLICABLE PERCENTAGES.— may adjust the percent reduction levels ‘‘(I) shall contain compliance provisions ‘‘(A) PROVISION OF ESTIMATE OF VOLUMES OF applicable to producers, refiners, blenders, GASOLINE SALES.—Not later than October 31 through rulemaking using the criteria and distributors, and importers, as appropriate, of each of calendar years 2005 through 2021, standards established under this paragraph. to ensure that the requirements of this para- the Administrator of the Energy Information ‘‘(iii) 5-YEAR REVIEW.—If the Administrator graph are met; but Administration shall provide to the Adminis- makes any adjustment under this paragraph, trator of the Environmental Protection ‘‘(II) shall not— not later than 5 years thereafter, the Admin- Agency an estimate, with respect to the fol- ‘‘(aa) restrict geographic areas in which istrator shall review and revise (based on the lowing calendar year, of the volumes of low-carbon fuel may be used; or same criteria and standards as required for transportation fuel and low-carbon fuel pro- ‘‘(bb) impose any per-gallon obligation for the initial adjustment) the level as adjusted jected to be sold or introduced into com- the use of low-carbon fuel. by the regulations. merce in the United States. ‘‘(B) APPLICABLE VOLUMES.— ‘‘(5) CREDIT PROGRAM.— ‘‘(B) DETERMINATION OF APPLICABLE PER- ‘‘(i) CALENDAR YEARS 2015 THROUGH 2030.— ‘‘(A) IN GENERAL.—The regulations promul- CENTAGES.— For the purpose of subparagraph (A), the ap- gated under paragraph (2)(A) shall provide ‘‘(i) IN GENERAL.—Not later than November plicable percentage of the transportation for the generation of an appropriate quantity 30 of each of calendar years 2015 through 2029, of credits by any person that refines, blends, fuel sold or introduced into commerce in the based on the estimate provided under sub- United States, on an annual average basis, imports, or distributes transportation fuel paragraph (A), the Administrator of the En- that contains a quantity of low-carbon fuel that is low-carbon fuel for each of calendar vironmental Protection Agency shall deter- years 2015 through 2030 shall be determined that is greater than the quantity required mine and publish in the Federal Register, under paragraph (2). by the Administrator, in consultation with with respect to the following calendar year, the Secretary of Energy, in accordance with ‘‘(B) USE OF CREDITS.—A person that gen- the low-carbon fuel obligation that ensures erates credits under subparagraph (A) may the following table: that the requirements of paragraph (2) are use the credits, or transfer all or a portion of ‘‘Calendar year: Applicable met. the credits to another person, for the pur- percentage of ‘‘(ii) REQUIRED ELEMENTS.—The low-carbon pose of complying with paragraph (2). transportation fuel fuel obligation determined for a calendar ‘‘(C) DURATION OF CREDITS.—A credit gen- sold that is low- year under clause (i) shall— erated under this paragraph shall be valid to carbon fuel: ‘‘(I) be applicable to refineries, blenders, 2015 ...... 10.0 and importers, as appropriate; demonstrate compliance for the 12 month-pe- 2016 ...... 11.5 ‘‘(II) be expressed in terms of a volume per- riod beginning on the date of generation. 2017 ...... 13.0 centage of transportation fuel sold or intro- ‘‘(D) INABILITY TO GENERATE OR PURCHASE 2018 ...... 14.5 duced into commerce in the United States; SUFFICIENT CREDITS.—The regulations pro- 2019 ...... 16.0 and mulgated under paragraph (2)(A) shall in- 2020 ...... 17.5 ‘‘(III) subject to subparagraph (C), consist clude provisions allowing any person that is 2021 ...... 19.0 of a single applicable percentage that applies unable to generate or purchase sufficient 2022 ...... 20.5 to all categories of persons specified in sub- credits to meet the requirements of para- 2023 ...... 22.0 clause (I). graph (2) to carry forward a low-carbon fuel 2024 ...... 23.5 ‘‘(C) ADJUSTMENTS.—In determining the deficit on condition that the person, in the 2025 ...... 25.0 applicable percentage for a calendar year, calendar year following the year in which 2026 ...... 26.5 the Administrator shall make adjustments the low-carbon fuel deficit is created— 2027 ...... 28.0 to prevent the imposition of redundant obli- ‘‘(i) achieves compliance with the low-car- 2028 ...... 29.5 gations on any person specified in subpara- bon fuel requirement under paragraph (2); 2029 ...... 31.0 graph (B)(ii)(I). and 2030 ...... 32.5. ‘‘(4) MODIFICATION OF GREENHOUSE GAS RE- ‘‘(ii) generates or purchases additional low- ‘‘(ii) SUBSEQUENT CALENDAR YEARS.— DUCTION PERCENTAGES.— carbon fuel credits to offset the low-carbon ‘‘(I) IN GENERAL.—For the purposes of sub- ‘‘(A) IN GENERAL.—In the regulations pro- fuel deficit of the previous year. paragraph (A), the applicable percentage of mulgated under paragraph (2)(A)(i), the Ad- ‘‘(E) CREDITS FOR ADDITIONAL LOW-CARBON the transportation fuel sold or introduced ministrator may adjust the required percent- FUEL.—The Administrator may promulgate into commerce in the United States (except age reductions in lifecycle greenhouse gas regulations providing— in noncontiguous States or territories), on emissions for low-carbon fuel to a lower per- ‘‘(i) for the generation of an appropriate an annual average basis, that is low-carbon centage if the Administrator determines quantity of credits by any person that re- fuel for calendar year 2031 and each subse- that generally the reduction is not commer- fines, blends, imports, or distributes addi- quent calendar year shall be determined by cially feasible for low-carbon fuel made tional low-carbon fuel specified by the Ad- the Administrator, in consultation with the using a variety of feedstocks, technologies, ministrator; and Secretary of Energy, based on a review of the and processes to meet the applicable reduc- ‘‘(ii) for the use of the credits by the gener- implementation of the program during cal- tion. ator, or the transfer of all or a portion of the endar years specified in the tables estab- ‘‘(B) AMOUNT OF ADJUSTMENT.—In promul- credits to another person, for the purpose of lished under this subsection, and an analysis gating regulations under this paragraph, the complying with paragraph (2). of— specified percent reduction in greenhouse ‘‘(6) WAIVERS.—

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‘‘(A) IN GENERAL.—The Administrator, in ‘‘(C) the impacts of the requirements of SECTION 1. ENERGYGRANT COMPETITIVE EDU- consultation with the Secretary of Agri- this subsection on each individual and entity CATION PROGRAM. culture and the Secretary of Energy, may described in paragraph (2). (a) DEFINITIONS.—In this section: waive the requirements of this subsection in ‘‘(9) EFFECT ON OTHER PROVISIONS.— (1) INSTITUTION OF HIGHER EDUCATION.—The whole or in part on petition by 1 or more ‘‘(A) IN GENERAL.—Subject to subparagraph term ‘‘institution of higher education’’ has States, by any person subject to the require- (B), nothing in this subsection, or regula- the meaning given the term in section 101(a) ments of this subsection, or by the Adminis- tions promulgated under this subsection, af- of the Higher Education Act of 1965 (20 U.S.C. trator on the Administrator’s own motion, fects the regulatory status of carbon dioxide 1001(a)). by reducing the national percentage of low- or any other greenhouse gas, or expands or (2) SECRETARY.—The term ‘‘Secretary’’ carbon fuel required under paragraph (2)— limits regulatory authority regarding carbon means the Secretary of Energy, acting ‘‘(i) based on a determination by the Ad- dioxide or any other greenhouse gas, for pur- through the Director appointed under sub- ministrator, after public notice and oppor- poses of other provisions (including section section (c). tunity for comment, that implementation of 165) of this Act. (3) STATE.—The term ‘‘State’’ means— the requirement would severely harm the ‘‘(B) ADMINISTRATION.—Subparagraph (A) (A) a State; economy or environment of a State, a re- shall not affect implementation and enforce- (B) the District of Columbia; gion, or the United States; or ment of this subsection.’’. (C) the Commonwealth of Puerto Rico; and ‘‘(ii) based on a determination by the Ad- (b) EFFECTIVE DATE.—The amendment (D) any other territory or possession of the ministrator, after public notice and oppor- made by subsection (a) takes effect on Janu- United States. tunity for comment, that there is an inad- ary 1, 2015. (b) ESTABLISHMENT.—The Secretary shall equate domestic supply of low-carbon fuel. establish and carry out a program to awards SEC. 3. TRANSITION PROVISIONS. ‘‘(B) PETITIONS FOR WAIVERS.—The Admin- grants, on a competitive basis, to each con- istrator, in consultation with the Secretary (a) DEFINITIONS.—Section 211(o)(1) of the sortium of institutions of higher education of Agriculture and the Secretary of Energy, Clean Air Act (42 U.S.C. 7545(o)(1)) is amend- operating in each of the regions established shall approve or disapprove a petition for a ed— under subsection (d) to conduct research, ex- waiver of the requirements of paragraph (2) (1) by striking subparagraph (A) and in- tension, and education programs relating to not later than 90 days after the date on serting the following: the energy needs of the regions. which the petition is received by the Admin- ‘‘(A) ADDITIONAL RENEWABLE FUEL.— (c) DIRECTOR.—The Secretary shall appoint istrator. ‘‘(i) IN GENERAL.—The term ‘additional re- a Director to carry out the program estab- ‘‘(C) TERMINATION OF WAIVERS.—A waiver newable fuel’ means fuel that— lished under this section. granted under subparagraph (A) shall termi- ‘‘(I) is— (d) GRANTS.— nate after 1 year, but may be renewed by the ‘‘(aa) produced from renewable biomass; or (1) IN GENERAL.—The Secretary shall use Administrator after consultation with the ‘‘(bb) low-carbon fuel; amounts made available under this section Secretary of Agriculture and the Secretary ‘‘(II) is used to replace or reduce the quan- to award grants, on a competitive basis, to of Energy and after public notice and oppor- tity of fossil fuel present in— each consortium of institutions of higher tunity for comment. ‘‘(aa) transportation fuel; education located in each of at least 6 re- ‘‘(D) MODIFICATION OF APPLICABLE PERCENT- ‘‘(bb) home heating oil; or gions established by the Secretary that, col- AGES.— ‘‘(cc) aviation jet fuel; and lectively, cover all States. ‘‘(i) IN GENERAL.—In the case of any table ‘‘(III) has lifecycle greenhouse gas emis- (2) MANNER OF DISTRIBUTION.— established under this subsection, if the Ad- sions, as determined by the Administrator, (A) IN GENERAL.—Except as provided in ministrator waives at least 20 percent of the after notice and opportunity for comment, subparagraph (B), in making grants for a fis- applicable percentage requirement specified that are at least 20 percent less than baseline cal year under this section, the Secretary in the table for 2 consecutive years, or at lifecycle greenhouse gas emissions.’’; shall award grants to each consortium of in- least 50 percent of the percentage require- (2) by redesignating subparagraphs (I) stitutions of higher education in equal ment for a single year, the Administrator through (L) as subparagraphs (J) through amounts for each region of not less than shall promulgate regulations (not later than (M), respectively; and $50,000,000 for each region. 1 year after issuing the waiver) that modify (3) by inserting after subparagraph (H) the (B) TERRITORIES AND POSSESSIONS.—The the applicable volumes specified in the table following: Secretary may adjust the amount of grants concerned for all years following the final ‘‘(I) LOW-CARBON FUEL.—The term ‘low-car- awarded to a consortium of institutions of year to which the waiver applies, except that bon fuel’ means renewable fuel that has higher education in a region under this sec- no such modification in applicable percent- lifecycle greenhouse gas emissions, as deter- tion if the region contains territories or pos- ages shall be made for any year before cal- mined by the Administrator, after notice and sessions of the United States. endar year 2016. opportunity for comment, that are at least (3) PLANS.—As a condition of an initial ‘‘(ii) ADMINISTRATION.—In promulgating 20 percent less than baseline lifecycle green- grant under this section, a consortium of in- the regulations, the Administrator shall house gas emissions.’’. stitutions of higher education in a region comply with the processes, criteria, and (b) CREDITS FOR ADDITIONAL RENEWABLE shall submit to the Secretary for approval a standards established under paragraph FUEL.—Section 211(o)(5) of the Clean Air Act plan that— (2)(B)(ii). (42 U.S.C. 7545(o)(5)) is amended by striking (A) addresses the energy needs for the re- ‘‘(7) LOW-CARBON MARKET CONCENTRATION subparagraph (A) and inserting the fol- gion; and ANALYSIS.— lowing: (B) describes the manner in which the pro- ‘‘(A) ANALYSIS.— ‘‘(A) CREDITS FOR ADDITIONAL RENEWABLE posed activities of the consortium will ad- ‘‘(i) IN GENERAL.—Not later than January 1, FUEL.— dress those needs. 2015, and annually thereafter, the Federal ‘‘(i) IN GENERAL.—Not later than 180 days (4) FAILURE TO COMPLY WITH REQUIRE- Trade Commission shall perform a market after the date of enactment of the America’s MENTS.—If the Secretary finds on the basis of concentration analysis of the low-carbon fuel Low-Carbon Fuel Standard Act of 2009, the a review of the annual report required under production, import, and distribution indus- Administrator shall issue regulations pro- subsection (g) or on the basis of an audit of tries using the Herfindahl-Hirschman Index viding— a consortium of institutions of higher edu- to determine whether there is sufficient ‘‘(I) for the generation of an appropriate cation conducted by the Secretary that the competition among industry participants to quantity of credits by any person that pro- consortium has not complied with the re- avoid price-setting and other anticompeti- duces, refines, blends, or imports additional quirements of this section, the consortium tive behavior. renewable fuels or low-carbon fuels specified shall be ineligible to receive further grants ‘‘(ii) SCORING.—For the purpose of scoring by the Administrator; and under this section for such period of time as under clause (i) using the Herfindahl- ‘‘(II) for the use of the credits by the gener- may be prescribed by the Secretary. Hirschman Index, all marketing arrange- ator, or the transfer of all or a portion of the (e) USE OF FUNDS.— ments among industry participants shall be credits to another person, for the purpose of (1) COMPETITIVE GRANTS.— considered. complying with paragraph (2). (A) IN GENERAL.—A consortium of institu- ‘‘(B) REPORT.—Not later than December 1, ‘‘(ii) INCREASED CREDIT.—For each of cal- tions of higher education in a region that is 2015, and annually thereafter, the Federal endar years 2012 through 2014, the Adminis- awarded a grant under this section shall use Trade Commission shall submit to Congress trator shall increase the amount of the cred- the grant to conduct research, extension, and the Administrator a report on the re- it provided under clause (i) in proportion to and education programs relating to the en- sults of the market concentration analysis the extent to which the lifecycle greenhouse ergy needs of the region, including— performed under subparagraph (A)(i). gas emissions of the additional renewable (i) the promotion of low-carbon clean and ‘‘(8) PERIODIC REVIEWS.—To allow for the fuel is less than baseline lifecycle green- green energy and related jobs that are appli- appropriate adjustment of the requirements house gas emissions.’’. cable to the region; described in paragraph (2)(B), the Adminis- (ii) the development of low-carbon green trator shall conduct periodic reviews of— S. 1096 fuels to reduce dependency on oil; ‘‘(A) existing technologies; Be it enacted by the Senate and House of Rep- (iii) the development of energy storage and ‘‘(B) the feasibility of achieving compli- resentatives of the United States of America in energy management innovations for inter- ance with the requirements; and Congress assembled, mittent renewable technologies; and

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(iv) the accelerated deployment of effi- (2) to ensure that the program supplements (2) INTERSTATE SYSTEM.—The term ‘‘Inter- cient-energy technologies in new and exist- and does not supplant— state System’’ has the meaning given the ing buildings and in manufacturing facili- (A) the Sun Grant program established term in section 101(a) of title 23, United ties. under section 7526 of the Food, Conservation, States Code. (B) ADMINISTRATION.— and Energy Act of 2008 (7 U.S.C. 8114); and (3) PROGRAM.—The term ‘‘Program’’ means (i) IN GENERAL.—Subject to clauses (ii) (B) the national Sea Grant college program the EnergySmart Transport Corridor pro- through (vi), the Secretary shall make carried out by the Administrator of the Na- gram established under subsection (b). grants under this paragraph in accordance tional Oceanic and Atmospheric Administra- (4) SECRETARY.—The term ‘‘Secretary’’ with section 989 of the Energy Policy Act of tion. means the Secretary of Transportation. 2005 (42 U.S.C. 16353). (j) AUTHORIZATION OF APPROPRIATIONS.— (b) ESTABLISHMENT.—Not later than 120 (ii) PRIORITY.—A consortium of institu- There are authorized to be appropriated to days after the date of enactment of this Act, tions of higher education in a region shall carry out— the Secretary, in consultation with the Ad- give a higher priority to programs that are (1) this section $300,000,000 for each of fiscal ministrator, shall establish an EnergySmart consistent with the plan approved by the years 2010 through 2014; and Transport Corridor program in accordance Secretary for the region under subsection (2) the activities of the Department of En- with this section. (d)(3). ergy (including biomass and bioenergy feed- (c) REQUIREMENTS.—In carrying out the (iii) TERM.—A grant awarded to a consor- stock assessment research) under the Sun Program, the Secretary shall coordinate the tium of institutions of higher education Grant program established under section 7526 planning and deployment of measures that under this section shall have a term that of the Food, Conservation, and Energy Act of will increase the energy efficiency of the does not exceed 5 years. 2008 (7 U.S.C. 8114) $15,000,000 for each of fis- Interstate System and reduce the emission (iv) COST-SHARING REQUIREMENT.—As a con- cal years 2010 through 2014. of greenhouse gases and other environmental dition of receiving a grant under this para- S. 1097 pollutants, including by— (1) increasing the availability and stand- graph, the Secretary shall require the recipi- Be it enacted by the Senate and House of Rep- ardization of anti-idling equipment; ent of the grant to share costs relating to resentatives of the United States of America in the program that is the subject of the grant Congress assembled, (2) increasing the availability of alternative, low-carbon transportation fuels; in accordance with section 988 of the Energy SECTION 1. SHORT TITLE. (3) coordinating and adjusting vehicle Policy Act of 2005 (42 U.S.C. 16352). This Act may be cited as the ‘‘Community weight limits for both existing and future (v) BUILDINGS AND FACILITIES.—Funds made College Energy Training Act of 2009’’. highways on the Interstate System; available for grants under this section shall SEC. 2. SUSTAINABLE ENERGY TRAINING PRO- not be used for the construction of a new GRAM FOR COMMUNITY COLLEGES. (4) coordinating and expanding intermodal building or facility or the acquisition, expan- (a) DEFINITION OF COMMUNITY COLLEGE.—In shipment capabilities; sion, remodeling, or alteration of an existing this Act, the term ‘‘community college’’ (5) coordinating and adjusting time of serv- building or facility (including site grading means an institution of higher education, as ice restrictions; and and improvement and architect fees). defined in section 101(a) of the Higher Edu- (6) planning and identifying future con- (vi) LIMITATION ON INDIRECT COSTS.—A con- cation Act of 1965 (20 U.S.C. 1001(a)), that— struction within the Interstate System. ESIGNATION OF CORRIDORS.— sortium of institutions of higher education (1) provides a 2-year program of instruction (d) D (1) IN GENERAL.—The Secretary, in con- may not recover the indirect costs of using for which the institution awards an associate sultation with the Administrator and with grants under subparagraph (A) in excess of degree; and the concurrence of the Governors of the the limits established under paragraph (2). (2) primarily awards associate degrees. States in which EnergySmart transport cor- (C) FEDERALLY FUNDED RESEARCH AND DE- (b) WORKFORCE TRAINING AND EDUCATION IN ridors are to be located, and in consultation VELOPMENT CENTERS.— SUSTAINABLE ENERGY.—From funds made with the appropriate advisory committees (i) IN GENERAL.—A federally funded re- available under subsection (d), the Secretary search and development center may be a of Energy, in coordination with the Sec- established under paragraph (3), shall des- member of a consortium of institutions of retary of Labor, shall carry out a joint sus- ignate EnergySmart transport corridors in higher education that receives a grant under tainable energy workforce training and edu- accordance with the requirements described this section. cation program. In carrying out the pro- in subsection (c). (2) INTERMODAL FACILITIES AND OTHER SUR- (ii) SCOPE.—The Secretary shall ensure gram, the Secretary of Energy, in coordina- FACE TRANSPORTATION MODES.—In desig- that the scope of work performed by a single tion with the Secretary of Labor, shall nating EnergySmart transport corridors, the federally funded research and development award grants to community colleges to pro- Secretary may include— center in the consortium is not more signifi- vide workforce training and education in industries and practices such as— (A) intermodal passenger and freight trans- cant than the scope of work performed by (1) alternative energy, including wind and fer facilities, particularly those that use any of the other academic institutions of solar energy; measures to significantly increase the en- higher education in the consortium. (2) energy efficient construction, retro- ergy efficiency of the Interstate System and (2) ADMINISTRATIVE EXPENSES.—A consor- fitting, and design; tium of institutions of higher education may reduce greenhouse gas emissions and other (3) sustainable energy technologies, includ- use up to 15 percent of the funds described in environmental pollutants; and ing chemical technology, nanotechnology, subsection (d) to pay administrative and in- (B) other surface transportation modes. and electrical technology; DVISORY COMMITTEES.— direct expenses incurred in carrying out (3) A (4) water and energy conservation; (A) IN GENERAL.—The Secretary, in con- paragraph (1), unless otherwise approved by (5) recycling and waste reduction; and sultation with the Governors of the States in the Secretary. (6) sustainable agriculture and farming. which EnergySmart transport corridors are (f) GRANT INFORMATION ANALYSIS CENTER.— (c) AWARD CONSIDERATIONS.—Of the funds to be located, may establish advisory com- A consortium of institutions of higher edu- made available under subsection (d) for a fis- mittees to assist in the designation of indication in a region shall maintain an Energy cal year, not less than one-half of such funds vidual EnergySmart transport corridors. Analysis Center at 1 or more of the institu- shall be awarded to community colleges with (B) MEMBERSHIP.—The advisory commit- tions of higher education to provide the in- existing (as of the date of the award) sustain- tees established under this paragraph shall stitutions of higher education in the region ability programs that lead to certificates or include representatives of interests affected with analysis and data management support. degrees in 1 or more of the industries and by the designation of EnergySmart transport NNUAL REPORTS.—Not later than 90 (g) A practices described in paragraphs (1) through corridors, including— days after the end of each fiscal year, a con- (6) of subsection (b). (i) freight and trucking companies; sortium of institutions of higher education (d) AUTHORIZATION OF APPROPRIATIONS.— (ii) vehicle and vehicle equipment manu- receiving a grant under this section shall There is authorized to be appropriated to facturers and retailers; submit to the Secretary a report that de- carry out this section $100,000,000 for each of (iii) independent owners and operators; scribes the policies, priorities, and oper- the fiscal years 2010 through 2015. (iv) conventional and alternative fuel pro- ations of the program carried out by the con- S. 1098 viders; and sortium of institutions of higher education Be it enacted by the Senate and House of Rep- (v) local transportation, planning, and en- under this section during the fiscal year. resentatives of the United States of America in ergy agencies. (h) ADMINISTRATION.—Not later than 180 Congress assembled, (e) PRIORITY.—In allocating funds for Fed- days after the date of enactment of this Act, SECTION 1. SHORT TITLE. eral highway programs, the Secretary shall the Secretary shall establish such criteria This Act may be cited as the give special consideration and priority to and procedures as are necessary to carry out ‘‘EnergySmart Transport Corridors Act of projects and programs that enable deploy- this section. 2009’’. ment and operation of EnergySmart trans- (i) COORDINATION.—The Secretary shall co- SEC. 2. ENERGYSMART TRANSPORT CORRIDORS port corridors. ordinate with the Secretary of Agriculture PROGRAM. (f) GRANTS.—In carrying out the Program, and the Secretary of Commerce each activ- (a) DEFINITIONS.—In this section: the Secretary may provide grants to States ity carried out under the program under this (1) ADMINISTRATOR.—The term ‘‘Adminis- to assist in the planning, designation, devel- section— trator’’ means the Administrator of the En- opment, and maintenance of EnergySmart (1) to avoid duplication of efforts; and vironmental Protection Agency. transport corridors.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5715 (g) ANNUAL REPORT.—Each fiscal year, the It must be sustainable so that it will When the domestic partners of Fed- Secretary shall submit to the appropriate be there for future generations. eral employees are granted the same committees of Congress a report describing We believe the Patient’s Choice Act benefits and obligations as the spouses activities carried out under the Program will meet all of these requirements. of federal employees, the Federal Gov- during the preceding fiscal year. The bill focuses on 6 key areas: pre- (h) AUTHORIZATION OF APPROPRIATIONS.— ernment will be able to attract from a There is authorized to be appropriated to the venting disease and promoting larger pool of applicants the best pos- Secretary to carry out this section $25,000,000 healthier lifestyles; creating affordable sible employees to carry out the Gov- for each of fiscal years 2010 through 2015. and accessible health insurance op- ernment’s responsibilities to the Amer- SEC. 3. REDUCTION OF ENGINE IDLING. tions; equalizing the tax treatment of ican people. In the coming years, as a Section 756(b)(4)(B) of the Energy Policy health care; establishing transparency large percentage of federal employees Act of 2005 (42 U.S.C. 16104(b)(4)(B)) is amend- in health care price and quality; and become eligible for retirement, a new ed by striking ‘‘for fiscal year 2008’’ each ensuring compensation for injured pa- generation of employees will be hired, place it appears in clauses (i) and (ii) and in- tients. and the Federal Government will be serting ‘‘for each of fiscal years 2008 through S. 1099 transforms health care in 2015’’. competing with the private sector for America by strengthening the relation- the most qualified among them. This By Mr. COBURN (for himself, Mr. ship between the patient and the doc- legislation will help put the Federal tor and relying on choice and competi- BURR, Mr. BUNNING, Mr. Government on equal footing to com- tion rather than rationing and restric- CHAMBLISS, Mr. ALEXANDER, pete for those new recruits and then re- tions. In doing so, we can ensure uni- and Mr. INHOFE): tain them. S. 1099. A bill to provide comprehen- versal, affordable health care for all From a human rights perspective, sive solutions for the health care sys- Americans. this legislation is one more step on the tem of the United States, and for other By Mr. LIEBERMAN (for himself long road to bring the gay and lesbian community equality under the law. purposes; to the Committee on Fi- and Ms. COLLINS): nance. S. 1102. A bill to provide benefits to We are not talking about an insig- Mr. BURR. Mr. President, I rise domestic partners of Federal employ- nificant number of people. According today to speak on the pressing issue of ees; to the Committee on Homeland Se- to UCLA’s Williams Institute, over health care in America. Millions of curity and Governmental Affairs. 30,000 federal workers live in com- Americans go without health insurance Mr. LIEBERMAN. Mr. President, I mitted relationships with same-sex each year. Especially during these rise today to speak in favour of the Do- partners who are not Federal employ- tough economic times, many families mestic Partner Benefits and Obliga- ees. are looking to Washington to fix the tions Act, which I am introducing with We often hear—and I have often health care crisis in this country. my colleague and friend on the Home- said—that Government should be run This year, Congress is poised to make land Security and Governmental Af- more like a business. While the purpose significant changes to our health care fairs Committee, Senator SUSAN COL- of Government and business are dif- system. Ultimately, the American peo- LINS. ferent, I believe Government has a lot ple want solutions that work. In that Last year, the Homeland Security to learn from private sector business vein I am pleased to join today with and Governmental Affairs Committee models including in the matter before my colleague, Senator COBURN, to in- held a hearing on this legislation, but us today. The fact is that a majority of troduce, S. 1099, the Patients’ Choice time ran out before we were able to U.S. corporations—including more Act. It will start to build a health care move the measure to the Senate floor. than half of all Fortune 500 compa- system that is responsive to patients’ I also want to thank my former co- nies—already offer benefits to domestic needs and conscious of their budgets. sponsor, Senator Gordon Smith of Or- partners. As we developed the framework of egon, with whom I and more than 20 General Electric, IBM, Eastman the Patients’ Choice Act, we had to other Senators introduced identical Kodak, Dow Chemical, the Chubb Cor- think about what would truly trans- legislation in the 110th Congress. We poration, Lockheed Martin, and Duke form the failing health care system in expect about 20 cosponsors again this Energy are among the major employers America right now. Typically, the year, and I want to express my appre- that have recognized the economic re- problems with our health care system ciation to them for helping us get an ward of providing benefits to domestic relate to cost, quality, and our inabil- early enough start in the 111th Con- partners. Overall, almost 10,000 private- ity to make important lifestyle inter- gress so that we can pass the bill, hope- sector companies of all sizes provide ventions before treatable symptoms be- fully, this year. benefits to domestic partners. The gov- come chronic conditions. With that This legislation makes eminent sense ernments of 13 States, including my thought in mind, Senator COBURN and I for two reasons: It will help the Fed- home State of Connecticut, about 145 set out to reform our health care sys- eral Government attract the best and local jurisdictions across our country, tem so it met the following require- the brightest and it is the fair and and some 300 colleges and universities ments. We believe that any truly trans- right thing to do from a human rights also provide these benefits. formational health care plan must perspective. Surveys show that many private sec- guarantee that every American can get Let me explain. The Domestic Part- tor employers offer these benefits be- affordable coverage. ners Benefits and Obligations Act cause it is the right thing to do. You It must demand more value for our would provide the same employee ben- can bet each one knows that the policy health care dollar instead of imposing efit programs to same-sex domestic makes good business sense; it is good a new tax or passing on a new obliga- partners of Federal employees that are management policy, it is good em- tion to future generations. now provided to the opposite-sex ployee policy, and it is good recruit- It must transform the health care spouses of Federal employees. In other ment and retention policy. system so that we focus on keeping words, same-sex domestic partners— In fact, employers have told analysts people healthy and well instead of only living in a committed relationship and that they extend benefits to domestic treating them when they are sick. unrelated by blood would be eligible to partners to boost recruitment and re- It must make health coverage afford- participate in health benefits, long- tain quality employees—as well as to able for those with pre-existing condi- term care, Family and Medical Leave, be fair. If we want the Government to tions. federal retirement benefits, and all be able to compete for the most quali- It must end the current discrimina- other benefits for which married em- fied employees, we are going to have to tion in the tax code that benefits the ployees and their spouses are eligible. provide the same benefits that job wealthy and corporations but fails the Federal employees and their domestic seekers can find elsewhere. poor and those who can’t get coverage partners would also be subject to the The experts tell us that 19 percent of through their employer. same responsibilities that apply to an employee’s compensation comes in It must ensure that health care is ac- married employees and their spouses, the form of benefits, including benefits cessible when people want it, where such as anti-nepotism rules and finan- for family members. Employees who do people want it. cial disclosure requirements. not get benefits for their families are,

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5716 CONGRESSIONAL RECORD — SENATE May 20, 2009 therefore, not being paid equally. Of S. 1102 (1) OFFICE OF PERSONNEL MANAGEMENT.— course, the supporters of this legisla- Be it enacted by the Senate and House of Rep- Not later than 6 months after the date of en- tion understand that covering domestic resentatives of the United States of America in actment of this Act, the Office of Personnel partners will add some increment to Congress assembled, Management shall promulgate regulations to SECTION 1. SHORT TITLE. implement section 2 (b) and (c). the total cost of providing federal em- (2) OTHER EXECUTIVE BRANCH REGULA- This Act may be cited as the ‘‘Domestic ployee benefits. And we understand TIONS.—Not later than 6 months after the Partnership Benefits and Obligations Act of that we have to be particularly careful date of enactment of this Act, the President 2009’’. about government spending right now or designees of the President shall promul- SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF gate regulations to implement this Act with and perform rigorous cost benefit anal- FEDERAL EMPLOYEES. respect to benefits and obligations adminis- yses of all, not just new, federal ex- (a) IN GENERAL.—An employee who has a penditures. tered by agencies or other entities of the ex- domestic partner and the domestic partner ecutive branch. of the employee shall be entitled to benefits Based on the experience of private (3) OTHER REGULATIONS AND ORDERS.—Not companies and state and local govern- available to, and shall be subject to obliga- later than 6 months after the date of enact- tions imposed upon, a married employee and ments, the Congressional Budget Office ment of this Act, each agency or other enti- the spouse of the employee. ty or official not within the executive branch has estimated that benefits to same- (b) CERTIFICATION OF ELIGIBILITY.—In order sex domestic partners of federal em- that administers a program providing bene- to obtain benefits and assume obligations fits or imposing obligations shall promulgate ployees would increase the cost of under this Act, an employee shall file an affi- regulations or orders to implement this Act those programs by less than one-half of davit of eligibility for benefits and obliga- with respect to the program. one percent. The Office of Personnel tions with the Office of Personnel Manage- (4) PROCEDURE.—Regulations and orders re- Management says the cost of health ment identifying the domestic partner of the quired under this subsection shall be promul- benefits for domestic partners over 10 employee and certifying that the employee gated after notice to interested persons and and the domestic partner of the employee— years would be $670 million. In the an opportunity for comment. (1) are each other’s sole domestic partner (g) DEFINITIONS.—In this Act: name of fairness and raising the appeal and intend to remain so indefinitely; (1) BENEFITS.—The term ‘‘benefits’’ of federal employment, this is afford- (2) have a common residence, and intend to means— able legislation. continue the arrangement; (A) health insurance and enhanced dental Among the many stories I have heard (3) are at least 18 years of age and mentally and vision benefits, as provided under chap- competent to consent to contract; about the impact of this inequality on ters 89, 89A, and 89B of title 5, United States (4) share responsibility for a significant Code; real people, I particularly remember measure of each other’s common welfare and (B) retirement and disability benefits and the words of Michael Guest, who was financial obligations; plans, as provided under— ambassador to Romania in the Bush (5) are not married to or domestic partners (i) chapters 83 and 84 of title 5, United Administration and Dean of the For- with anyone else; States Code; eign Service Institute before he left (6) are same sex domestic partners, and not (ii) chapter 8 of the Foreign Service Act of public service. In his resignation letter, related in a way that, if the 2 were of oppo- 1980 (22 U.S.C. 4041 et seq.); and Mr. Guest made a moving and eloquent site sex, would prohibit legal marriage in the (iii) the Central Intelligence Agency Re- State in which they reside; and tirement Act of 1964 for Certain Employees case for extending benefits to same sex (7) understand that willful falsification of (50 U.S.C. chapter 38); partners. I believe Ambassador Guest information within the affidavit may lead to (C) family, medical, and emergency leave, was the first publicly gay man to be disciplinary action and the recovery of the as provided under— confirmed for an U.S. ambassadorship cost of benefits received related to such fal- (i) subchapters III, IV, and V of chapter 63 from the U.S. When he resigned the sification and may constitute a criminal vio- of title 5, United States Code; Foreign Service in 2007, he said, and I lation. (ii) the Family and Medical Leave Act of quote here from his farewell address to (c) DISSOLUTION OF PARTNERSHIP.— 1993 (29 U.S.C. 2601 et seq.), insofar as that his colleagues ‘‘. . . I have felt com- (1) IN GENERAL.—An employee or domestic Act applies to the Government Account- partner of an employee who obtains benefits ability Office and the Library of Congress; pelled to choose between obligations to under this Act shall file a statement of dis- (iii) section 202 of the Congressional Ac- my partner—who is my family—and solution of the domestic partnership with countability Act of 1995 (2 U.S.C. 1312); and service to my country. That anyone the Office of Personnel Management not (iv) section 412 of title 3, United States should have to make that choice is a later than 30 days after the death of the em- Code; stain on the Secretary’s leadership and ployee or the domestic partner or the date of (D) Federal group life insurance, as pro- a shame for this institution and our dissolution of the domestic partnership. vided under chapter 87 of title 5, United country.’’ (2) DEATH OF EMPLOYEE.—In a case in which States Code; an employee dies, the domestic partner of (E) long-term care insurance, as provided Those are convincing words from a the employee at the time of death shall re- under chapter 90 of title 5, United States talented and loyal former public serv- ceive under this Act such benefits as would Code; ant—who once described the Foreign be received by the widow or widower of an (F) compensation for work injuries, as pro- Service as the career he was ‘‘born for employee. vided under chapter 81 of title 5, United . . . what I was always meant to do.’’ It (3) OTHER DISSOLUTION OF PARTNERSHIP.— States Code; is a great loss to the nation that he felt (A) IN GENERAL.—In a case in which a do- (G) benefits for disability, death, or cap- tivity, as provided under— compelled to leave the Foreign Serv- mestic partnership dissolves by a method other than death of the employee or domes- (i) sections 5569 and 5570 of title 5, United ice—particularly at a time when our tic partner of the employee, any benefits re- States Code; nation so desperately needs talented ceived by the domestic partner as a result of (ii) section 413 of the Foreign Service Act diplomats to help meet the challenges this Act shall terminate. of 1980 (22 U.S.C. 3973); and we face abroad. He may have left public (B) EXCEPTION.—In a case in which a do- (iii) part L of title I of the Omnibus Crime service for many reasons—but one of mestic partnership dissolves by a method Control and Safe Streets Act of 1968 (42 them should not have been that his fed- other than death of the employee or domes- U.S.C. 3796 et seq.), insofar as that part ap- eral employee benefits did not allow tic partner of the employee, the former do- plies to any employee; (H) travel, transportation, and related pay- him to care for the needs of his family mestic partner of the employee shall be entitled to benefits available to, and shall be ments and benefits, as provided under— in an adequate manner. subject to obligations imposed upon, a (i) chapter 57 of title 5, United States Code; The Domestic Partners Benefits and former spouse. (ii) chapter 9 of the Foreign Service Act of Obligations Act makes good economic (d) STEPCHILDREN.—For purposes of afford- 1980 (22 U.S.C. 4081 et seq.); and sense. It is sound policy. And it is the ing benefits under this Act, any natural or (iii) section 1599b of title 10, United States Code; and right thing to do. I urge my colleagues adopted child of a domestic partner of an employee shall be deemed a stepchild of the em- (I) any other benefit similar to a benefit to support this bill. ployee. described under subparagraphs (A) through Mr. President, I ask unanimous con- (e) CONFIDENTIALITY.—Any information (H) provided by or on behalf of the United sent that the text of the bill and a bill submitted to the Office of Personnel Man- States to any employee. summary be printed in the RECORD. agement under subsection (b) shall be used (2) DOMESTIC PARTNER.—The term ‘‘domes- solely for the purpose of certifying an indi- tic partner’’ means an adult unmarried per- There being no objection, the mate- vidual’s eligibility for benefits under sub- son living with another adult unmarried per- rial was ordered to be printed in the section (a). son of the same sex in a committed, intimate RECORD, as follows: (f) REGULATIONS AND ORDERS.— relationship.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5717 (3) EMPLOYEE.—The term ‘‘employee’’— the Commissioner of Reclamation, to ests of these Pueblos. I look forward to (A) means an officer or employee of the develop water infrastructure in the Rio working with my colleagues in the United States or of any department, agency, Grande Basin, and to approve the set- Senate as well as the House of Rep- or other entity of the United States, includ- tlement of the water rights claims of resentatives to enact this legislation as ing the President of the United States, the Vice President of the United States, a Mem- the Pueblos of Nambe, Pojoaque, San soon as possible. ber of Congress, or a Federal judge; and lldefonso, and Tesuque; to the Com- Mr. President, I ask unanimous con- (B) shall not include a member of the uni- mittee on Indian Affairs. sent that the text of the bill be printed formed services. Mr. BINGAMAN. Mr. President, in the RECORD. (4) OBLIGATIONS.—The term ‘‘obligations’’ today Senator UDALL and I are intro- There being no objection, the text of means any duties or responsibilities with reducing a bill that will help end a con- the bill was ordered to be printed in spect to Federal employment that would be tentious dispute over water rights the RECORD, as follows: incurred by a married employee or by the claims in the Rio Pojoaque general S. 1105 spouse of an employee. stream adjudication in New Mexico. (5) UNIFORMED SERVICES.—The term ‘‘uni- Be it enacted by the Senate and House of Rep- formed services’’ has the meaning given This is accomplished by authorizing an resentatives of the United States of America in under section 2101(3) of title 5, United States Indian water rights settlement of the Congress assembled, Code. claims being pursued by the Nambe, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SEC. 3. EFFECTIVE DATE. Pojoaque, San Ildefonso, and Tesuque (a) SHORT TITLE.—This Act may be cited as This Act shall— Pueblos in the Rio Pojoaque basin the ‘‘Aamodt Litigation Settlement Act’’. (1) with respect to the provision of benefits north of Santa Fe. (b) TABLE OF CONTENTS.—The table of con- and obligations, take effect 6 months after This general stream adjudication is tents of this Act is as follows: the date of enactment of this Act; and known as the Aamodt case, and I be- Sec. 1. Short title; table of contents. (2) apply to any individual who is employed lieve it is the longest active case in the Sec. 2. Definitions. as an employee on or after the date of enact- Federal court system nationwide. The TITLE I—POJOAQUE BASIN REGIONAL ment of this Act. case began in 1966, and since that time WATER SYSTEM Sec. 101. Authorization of Regional Water DOMESTIC PARTNERSHIP BENEFITS AND has been actively litigated before the System. OBLIGATIONS ACT OF 2009 New Mexico District Court and the Tenth Circuit Court of Appeals. Forty Sec. 102. Operating Agreement. SUMMARY Sec. 103. Acquisition of Pueblo water supply Under the Domestic Partnership Benefits years of litigation has resolved very for the Regional Water System. and Obligations Act of 2009, federal employ- little in the basin. Fortunately, the Sec. 104. Delivery and allocation of Regional ees who have same-sex domestic partners parties to the case took matters into Water System capacity and will be entitled to the same employment their own hands. By engaging directly water. benefits that are available to married federal with each other they have resolved Sec. 105. Aamodt Settlement Pueblos’ Fund. employees and their spouses. Federal em- their differences, something the litiga- Sec. 106. Environmental compliance. ployees and their domestic partners will also tion could not accomplish. The Aamodt Sec. 107. Authorization of appropriations. be subject to the same employment-related Litigation Settlement Act represents TITLE II—POJOAQUE BASIN INDIAN obligations that are imposed on married em- WATER RIGHTS SETTLEMENT ployees and their spouses. an agreement by the parties that will In order to obtain benefits and assume ob- secure water to meet the present and Sec. 201. Settlement Agreement and con- ligations, an employee must file an affidavit future needs of the four Pueblos in- tract approval. of eligibility with the Office of Personnel volved in the litigation; protect the in- Sec. 202. Environmental compliance. Sec. 203. Conditions precedent and enforce- Management (OPM). The employee must cer- terests and rights of longstanding tify that the employee and the employee’s ment date. water users, including century-old irri- Sec. 204. Waivers and releases. same-sex domestic partner have a common gation practices; and ensure that water residence, share responsibility for each oth- Sec. 205. Effect. er’s welfare and financial responsibilities, is available for municipal and domestic SEC. 2. DEFINITIONS. are not related by blood, and are living to- needs for all residents in the Pojoaque In this Act: gether in a committed intimate relationship. basin. Negotiation of this agreement (1) AAMODT CASE.—The term ‘‘Aamodt They must also certify that, as each other’s was a lengthy process. In the end, how- Case’’ means the civil action entitled State sole domestic partner, they intend to remain ever, the parties’ commitment to solv- of New Mexico, ex rel. State Engineer and so indefinitely. If a domestic partnership dis- ing water supply issues in the basin United States of America, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, solves, whether by death of the domestic prevailed. partner or otherwise, the employee must file and Pueblo de Tesuque v. R. Lee Aamodt, et Legislation to implement this settle- al., No. 66 CV 6639 MV/LCS (D.N.M.). a statement of dissolution with OPM within ment was introduced in the 110th Con- 30 days. (2) ACRE-FEET.—The term ‘‘acre-feet’’ Employees and their domestic partners gress. Hearings were held in both the means acre-feet of water per year. will have the same benefits as married em- House and Senate and based on the (3) AUTHORITY.—The term ‘‘Authority’’ ployees and their spouses under— submitted testimony a number of means the Pojoaque Basin Regional Water Employee health benefits. changes were made to address concerns Authority described in section 9.5 of the Set- Retirement and disability plans. with the legislation. These changes tlement Agreement or an alternate entity Family, medical, and emergency leave. help standardize the Pueblos’ waivers acceptable to the Pueblos and the County to Group life insurance. operate and maintain the diversion and Long-term care insurance. of claims as part of the settlement; treatment facilities, certain transmission Compensation for work injuries. limit the settlement’s impact on the pipelines, and other facilities of the Regional Death, disability, and similar benefits. Federal budget; and allows for flexi- Water System. Relocation, travel, and related expenses. bility in developing the size and scope (4) CITY.—The term ‘‘City’’ means the city For purposes of these benefits, any natural of the regional water system in re- of Santa Fe, New Mexico. or adopted child of the domestic partner will sponse to local concerns. (5) COST-SHARING AND SYSTEM INTEGRATION be treated as a stepchild of the employee. This settlement is widely supported AGREEMENT.—The term ‘‘Cost-Sharing and The employee and the employee’s domestic System Integration Agreement’’ means the partner will also become subject to the same in the region and it is time to move swiftly to enact this legislation. The agreement to be executed by the United duties and responsibilities with respect to States, the State, the Pueblos, the County, federal employment that apply to a married State of New Mexico deserves recogni- and the City that— employee and the employee’s spouse. These tion for actively pursuing a settlement (A) describes the location, capacity, and will include, for example, anti-nepotism of this matter and committing signifi- management (including the distribution of rules and financial disclosure requirements. cant resources so that the Federal gov- water to customers) of the Regional Water The Act will apply with respect to those ernment does not bear the entire cost System; and federal employees who are employed on the of the settlement. The bill is critical to (B) allocates the costs of the Regional date of enactment or who become employed Water System with respect to— on or after that date. New Mexico’s future since it provides certainty in allocating water in a pe- (i) the construction, operation, maintenance, and repair of the Regional Water Sys- By Mr. BINGAMAN (for himself rennially water-short area of the state. tem; and Mr. UDALL, of New Mexico): It also helps address a long-neglected (ii) rights-of-way for the Regional Water S. 1105. A bill to authorize the Sec- responsibility of the Federal Govern- System; and retary of the Interior, acting through ment to protect the rights and inter- (iii) the acquisition of water rights.

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(6) COUNTY.—The term ‘‘County’’ means Pueblo outside the Pojoaque Basin that is lo- (b) FINAL PROJECT DESIGN.—The Secretary Santa Fe County, New Mexico. cated within the exterior boundaries of the shall issue a final project design within 90 (7) COUNTY DISTRIBUTION SYSTEM.—The Pueblo as recognized and confirmed by a pat- days of completion of the environmental term ‘‘County Distribution System’’ means ent issued under the Act of December 22, 1858 compliance described in section 106 for the the portion of the Regional Water System (11 Stat. 374, chapter V); or Regional Water System that— that serves water customers on non-Pueblo (D) within the exterior boundaries of any (1) is consistent with the Engineering Re- land in the Pojoaque Basin. real property located outside the Pojoaque port; and (8) COUNTY WATER UTILITY.—The term Basin set aside for a Pueblo by law, execu- (2) includes a description of any Pueblo ‘‘County Water Utility’’ means the water tive order, or court decree, if the land is Water Facilities. utility organized by the County to— within or contiguous to land held by the (c) ACQUISITION OF LAND; WATER RIGHTS.— (A) receive water distributed by the Au- United States in trust for the Pueblo as of (1) ACQUISITION OF LAND.—Upon request, thority; and January 1, 2005. and in exchange for the funding which shall (B) provide the water received under sub- (17) PUEBLO WATER FACILITY.— be provided in section 107(c), the Pueblos paragraph (A) to customers on non-Pueblo (A) IN GENERAL.—The term ‘‘Pueblo Water shall consent to the grant of such easements land in the Pojoaque Basin. Facility’’ means— and rights-of-way as may be necessary for NGINEERING REPORT.—The term ‘‘Engi- (i) a portion of the Regional Water System (9) E the construction of the Regional Water Sys- neering Report’’ means the report entitled that serves only water customers on Pueblo tem at no cost to the Secretary. To the ex- ‘‘Pojoaque Regional Water System Engineer- land; and tent that the State or County own easements ing Report’’ dated September 2008 and any (ii) portions of a Pueblo water system in or rights-of-way that may be used for con- amendments thereto, including any modi- existence on the date of enactment of this struction of the Regional Water System, the fications which may be required by section Act that serve water customers on non-Pueb- State or County shall provide that land or 101(d)(2). lo land, also in existence on the date of en- interest in land as necessary for construc- (10) FUND.—The term ‘‘Fund’’ means the actment of this Act, or their successors, that tion at no cost to the Secretary. The Sec- Aamodt Settlement Pueblos’ Fund estab- are— retary shall acquire any other land or inter- lished by section 105(a). (I) depicted in the final project design, as est in land that is necessary for the con- (11) OPERATING AGREEMENT.—The term modified by the drawings reflecting the com- ‘‘Operating Agreement’’ means the agree- pleted Regional Water System; and struction of the Regional Water System. ment between the Pueblos and the County (II) described in the Operating Agreement. (2) WATER RIGHTS.—The Secretary shall not condemn water rights for purposes of the Re- executed under section 102(a). (B) INCLUSIONS.—The term ‘‘Pueblo Water gional Water System. (12) OPERATIONS, MAINTENANCE, AND RE- Facility’’ includes— PLACEMENT COSTS.— (i) the barrier dam and infiltration project (d) CONDITIONS FOR CONSTRUCTION.— (A) IN GENERAL.—The term ‘‘operations, on the Rio Pojoaque described in the Engi- (1) IN GENERAL.—The Secretary shall not maintenance, and replacement costs’’ means neering Report; and begin construction of the Regional Water all costs for the operation of the Regional (ii) the Tesuque Pueblo infiltration pond System facilities until the date on which— Water System that are necessary for the described in the Engineering Report. (A) the Secretary executes— safe, efficient, and continued functioning of (18) REGIONAL WATER SYSTEM.— (i) the Settlement Agreement; and the Regional Water System to produce the (A) IN GENERAL.—The term ‘‘Regional (ii) the Cost-Sharing and System Integra- benefits described in the Settlement Agree- Water System’’ means the Regional Water tion Agreement; and ment. System described in section 101(a). (B) the State and the County have entered (B) EXCLUSION.—The term ‘‘operations, (B) EXCLUSIONS.—The term ‘‘Regional into an agreement with the Secretary to maintenance, and replacement costs’’ does Water System’’ does not include the County contribute the non-Federal share of the costs not include construction costs or costs re- or Pueblo water supply delivered through the of the construction in accordance with the lated to construction design and planning. Regional Water System. Cost-Sharing and System Integration Agree- (13) POJOAQUE BASIN.— (19) SAN JUAN-CHAMA PROJECT.—The term ment. (A) IN GENERAL.—The term ‘‘Pojoaque ‘‘San Juan-Chama Project’’ means the (2) MODIFICATIONS TO REGIONAL WATER SYS- Basin’’ means the geographic area limited by Project authorized by section 8 of the Act of TEM.— a surface water divide (which can be drawn June 13, 1962 (76 Stat. 96, 97), and the Act of (A) IN GENERAL.—The State and the Coun- on a topographic map), within which area April 11, 1956 (70 Stat. 105). ty, in agreement with the Pueblos, the City, rainfall and runoff flow into arroyos, drain- (20) SAN JUAN-CHAMA PROJECT ACT.—The and other signatories to the Cost-Sharing ages, and named tributaries that eventually term ‘‘San Juan-Chama Project Act’’ means and System Integration Agreement, may drain to— sections 8 through 18 of the Act of June 13, modify the extent, size, and capacity of the (i) the Rio Pojoaque; or 1962 (76 Stat. 96, 97). County Distribution System as set forth in (ii) the 2 unnamed arroyos immediately (21) SECRETARY.—The term ‘‘Secretary’’ the Cost-Sharing and System Integration south; and means the Secretary of the Interior. Agreement. (iii) 2 arroyos (including the Arroyo (22) SETTLEMENT AGREEMENT.—The term (B) EFFECT.—A modification under sub- Alamo) that are north of the confluence of ‘‘Settlement Agreement’’ means the stipu- paragraph (A)— the Rio Pojoaque and the Rio Grande. lated and binding agreement among the (i) shall not affect implementation of the (B) INCLUSION.—The term ‘‘Pojoaque State, the Pueblos, the United States, the Settlement Agreement so long as the provi- Basin’’ includes the San Ildefonso Eastern County, and the City dated January 19, 2006, sions in section 203 are satisfied; and Reservation recognized by section 8 of Public and signed by all of the government parties (ii) may result in an adjustment of the Law 87–231 (75 Stat. 505). to the Settlement Agreement (other than State and County cost-share allocation as (14) PUEBLO.—The term ‘‘Pueblo’’ means the United States) on May 3, 2006, and as set forth in the Cost-Sharing and System In- each of the pueblos of Nambe, Pojoaque, San amended in conformity with this Act. tegration Agreement. Ildefonso, or Tesuque. (23) STATE.—The term ‘‘State’’ means the (e) APPLICABLE LAW.—The Indian Self-De- (15) PUEBLOS.—The term ‘‘Pueblos’’ means State of New Mexico. termination and Education Assistance Act collectively the Pueblos of Nambe, Pojoaque, TITLE I—POJOAQUE BASIN REGIONAL (25 U.S.C. 450 et seq.) shall not apply to the San Ildefonso, and Tesuque. WATER SYSTEM design and construction of the Regional (16) PUEBLO LAND.—The term ‘‘Pueblo SEC. 101. AUTHORIZATION OF REGIONAL WATER Water System. land’’ means any real property that is— SYSTEM. (f) CONSTRUCTION COSTS.— (A) held by the United States in trust for (a) IN GENERAL.—The Secretary, acting a Pueblo within the Pojoaque Basin; through the Commissioner of Reclamation, (1) PUEBLO WATER FACILITIES.—The costs of (B)(i) owned by a Pueblo within the shall plan, design, and construct a regional constructing the Pueblo Water Facilities, as Pojoaque Basin before the date on which a water system in accordance with the Settle- determined by the final project design and court approves the Settlement Agreement; ment Agreement, to be known as the ‘‘Re- the Engineering Report— or gional Water System’’— (A) shall be at full Federal expense subject (ii) acquired by a Pueblo on or after the (1) to divert and distribute water to the to the amount authorized in section 107(a)(1); date on which a court approves the Settle- Pueblos and to the County Water Utility, in and ment Agreement, if the real property is lo- accordance with the Engineering Report; and (B) shall be nonreimbursable to the United cated— (2) that consists of— States. (I) within the exterior boundaries of the (A) surface water diversion facilities at (2) COUNTY DISTRIBUTION SYSTEM.—The Pueblo, as recognized and conformed by a San Ildefonso Pueblo on the Rio Grande; and costs of constructing the County Distribu- patent issued under the Act of December 22, (B) any treatment, transmission, storage tion System shall be at State and local ex- 1858 (11 Stat. 374, chapter V); or and distribution facilities and wellfields for pense. (II) within the exterior boundaries of any the County Distribution System and Pueblo (g) STATE AND LOCAL CAPITAL OBLIGA- territory set aside for the Pueblo by law, ex- Water Facilities that are necessary to supply TIONS.—The State and local capital obliga- ecutive order, or court decree; 4,000 acre-feet of water within the Pojoaque tions for the Regional Water System de- (C) owned by a Pueblo or held by the Basin, unless modified in accordance with scribed in the Cost-Sharing and System Inte- United States in trust for the benefit of a subsection (d)(2). gration Agreement shall be satisfied on the

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5719 payment of the State and local capital obli- wastewater purposes as provided in the Cost- System is in accordance with the Settlement gations described in the Cost-Sharing and Sharing and System Integration Agreement. Agreement; System Integration Agreement. SEC. 102. OPERATING AGREEMENT. (ii) the wells in the Regional Water System (h) CONVEYANCE OF REGIONAL WATER SYS- (a) IN GENERAL.—The Pueblos and the are used in conjunction with the surface TEM FACILITIES.— County shall submit to the Secretary an exe- water supply of the Regional Water System (1) IN GENERAL.—Subject to paragraph (2), cuted Operating Agreement for the Regional to ensure a reliable firm supply of water to on completion of the construction of the Re- Water System that is consistent with this all users of the Regional Water System, con- gional Water System, the Secretary, in ac- Act, the Settlement Agreement, and the sistent with the intent of the Settlement cordance with the Operating Agreement, Cost-Sharing and System Integration Agree- Agreement that surface supplies will be used shall convey to— ment not later than 180 days after the later to the maximum extent feasible; (A) each Pueblo the portion of any Pueblo of— (iii) the respective obligations regarding Water Facility that is located within the (1) the date of completion of environ- delivery, payment, operation, and manage- boundaries of the Pueblo, including any land mental compliance and permitting; or ment are enforceable; and or interest in land located within the bound- (2) the date of issuance of a final project (iv) the County has the right to serve any aries of the Pueblo that is acquired by the design for the Regional Water System under new water users located on non-Pueblo land United States for the construction of the section 101(b). in the Pojoaque Basin; and (B) allow for any aquifer storage and recov- Pueblo Water Facility; (b) APPROVAL.—Not later than 180 days ery projects that are approved by the Office (B) the County the County Distribution after receipt of the operating agreement de- of the New Mexico State Engineer. System, including any land or interest in scribed in subsection (a), the Secretary shall (d) EFFECT.—Nothing in this Act precludes land acquired by the United States for the approve the Operating Agreement upon de- the Operating Agreement from authorizing construction of the County Distribution Sys- termination that the Operating Agreement phased or interim operations if the Regional tem; and is consistent with this Act, the Settlement Water System is constructed in phases. (C) the Authority any portions of the Re- Agreement, and the Cost-Sharing and Sys- SEC. 103. ACQUISITION OF PUEBLO WATER SUP- gional Water System that remain after mak- tem Integration Agreement. PLY FOR THE REGIONAL WATER SYS- ing the conveyances under subparagraphs (A) (c) CONTENTS.—The Operating Agreement TEM. and (B), including any land or interest in shall include— (a) IN GENERAL.—For the purpose of pro- land acquired by the United States for the (1) provisions consistent with the Settle- viding a reliable firm supply of water from construction of the portions of the Regional ment Agreement and the Cost-Sharing and the Regional Water System for the Pueblos Water System. System Integration Agreement and nec- in accordance with the Settlement Agree- (2) CONDITIONS FOR CONVEYANCE.—The Sec- essary to implement the intended benefits of ment, the Secretary, on behalf of the Pueb- retary shall not convey any portion of the the Regional Water System described in los, shall— Regional Water System facilities under para- those documents; (1) acquire water rights to— graph (1) until the date on which— (2) provisions for— (A) 302 acre-feet of Nambe reserved water (A) construction of the Regional Water (A) the distribution of water conveyed described in section 2.6.2 of the Settlement System is complete; and through the Regional Water System, includ- Agreement pursuant to section 107(c)(1)(C); (B) the Operating Agreement is executed in ing a delineation of— and accordance with section 102. (i) distribution lines for the County Dis- (B) 1141 acre-feet from water acquired by (3) SUBSEQUENT CONVEYANCE.—On convey- tribution System; the County for water rights commonly re- ance by the Secretary under paragraph (1), (ii) distribution lines for the Pueblo Water ferred to as ‘‘Top of the World’’ rights in the the Pueblos, the County, and the Authority Facilities; and Aamodt Case; shall not reconvey any portion of the Re- (iii) distribution lines that serve both— (2) make available 1079 acre-feet to the gional Water System conveyed to the Pueb- (I) the County Distribution System; and Pueblos pursuant to a contract entered into los, the County, and the Authority, respec- (II) the Pueblo Water Facilities; among the Pueblos and the Secretary in actively, unless the reconveyance is authorized (B) the allocation of the Regional Water cordance with section 11 of the San Juan- by an Act of Congress enacted after the date System capacity; Chama Project Act, under water rights held of enactment of this Act. (C) the terms of use of unused water capac- by the Secretary; and (4) INTEREST OF THE UNITED STATES.—On ity in the Regional Water System; (3) by application to the State Engineer, conveyance of a portion of the Regional (D) the construction of additional infra- obtain approval to divert the water acquired Water System under paragraph (1), the structure and the acquisition of associated and made available under paragraphs (1) and United States shall have no further right, rights-of-way or easements necessary to en- (2) at the points of diversion for the Regional title, or interest in and to the portion of the able any of the Pueblos or the County to Water System, consistent with the Settle- Regional Water System conveyed. fully use water allocated to the Pueblos or ment Agreement and the Cost-Sharing and (5) ADDITIONAL CONSTRUCTION.—On convey- the County from the Regional Water System, System Integration Agreement. ance of a portion of the Regional Water Sys- including provisions addressing when the (b) FORFEITURE.—The nonuse of the water tem under paragraph (1), the Pueblos, Coun- construction of such additional infrastruc- supply secured by the Secretary for the ty, or the Authority, as applicable, may, at ture requires approval by the Authority; Pueblos under subsection (a) shall in no the expense of the Pueblos, County, or the (E) the allocation and payment of annual event result in forfeiture, abandonment, re- Authority, construct any additional infra- operation, maintenance, and replacement linquishment, or other loss thereof. structure that is necessary to fully use the costs for the Regional Water System, includ- (c) TRUST.—The Pueblo water supply secured under subsection (a) shall be held by water delivered by the Regional Water Sys- ing the portions of the Regional Water Sys- the United States in trust for the Pueblos. tem. tem that are used to treat, transmit, and dis- (d) APPLICABLE LAW.—The water supply (6) LIABILITY.— tribute water to both the Pueblo Water Fa- made available pursuant to subsection (a)(2) (A) IN GENERAL.—Effective on the date of cilities and the County Water Utility; shall be subject to the San Juan-Chama conveyance of any land or facility under this (F) the operation of wellfields located on Project Act, and no preference shall be pro- section, the United States shall not be held Pueblo land; vided to the Pueblos as a result of subsection liable by any court for damages of any kind (G) the transfer of any water rights nec- (c) with regard to the delivery or distribu- arising out of any act, omission, or occur- essary to provide the Pueblo water supply tion of San Juan-Chama Project water or the rence relating to the land and facilities con- described in section 103(a); management or operation of the San Juan- veyed, other than damages caused by acts of (H) the operation of the Regional Water Chama Project. negligence by the United States, or by em- System with respect to the water supply, in- (e) CONTRACT FOR SAN JUAN-CHAMA ployees or agents of the United States, prior cluding the allocation of the water supply in PROJECT WATER SUPPLY.—With respect to to the date of conveyance. accordance with section 3.1.8.4.2 of the Set- the contract for the water supply required by (B) TORT CLAIMS.—Nothing in this section tlement Agreement so that, in the event of a subsection (a)(2), such San Juan-Chama increases the liability of the United States shortage of supply to the Regional Water Project contract shall be pursuant to the fol- beyond the liability provided in chapter 171 System, the supply to each of the Pueblos’ lowing terms: of title 28, United States Code (commonly and to the County’s distribution system (1) WAIVERS.—Notwithstanding the provi- known as the ‘‘Federal Tort Claims Act’’). shall be reduced on a prorata basis, in pro- sions of the San Juan-Chama Project Act, or (7) EFFECT.—Nothing in any transfer of portion to each distribution system’s most any other provision of law— ownership provided or any conveyance there- current annual use; and (A) the Secretary shall waive the entirety to as provided in this section shall extin- (I) dispute resolution; and of the Pueblos’ share of the construction guish the right of any Pueblo, the County, or (3) provisions for operating and maintain- costs for the San Juan-Chama Project, and the Regional Water Authority to the contin- ing the Regional Water System facilities be- pursuant to that waiver, the Pueblos’ share uous use and benefit of each easement or fore and after conveyance under section of all construction costs for the San Juan- right of way for the use, operation, mainte- 101(h), including provisions to— Chama Project, inclusive of both principal nance, repair, and replacement of Pueblo (A) ensure that— and interest, due from 1972 to the execution Water Facilities, the County Distribution (i) the operation of, and the diversion and of the contract required by subsection (a)(2), System or the Regional Water System or for conveyance of water by, the Regional Water shall be nonreimbursable;

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(B) the Secretary’s waiver of each Pueblo’s (b) DELIVERY OF REGIONAL WATER SYSTEM al management plan as described in the share of the construction costs for the San WATER.—The Authority shall deliver water American Indian Trust Fund Management Juan-Chama Project will not result in an in- from the Regional Water System— Reform Act of 1994 (25 U.S.C. 4001 et seq.). crease in the pro rata shares of other San (1) to the Pueblos water in a quantity suffi- (2) REQUIREMENTS.—In addition to the re- Juan-Chama Project water contractors, but cient to allow full consumptive use of up to quirements under the American Indian Trust such costs shall be absorbed by the United 2,500 acre-feet per year of water rights by the Fund Management Reform Act of 1994 (25 States Treasury or otherwise appropriated to Pueblos in accordance with— U.S.C. 4001 et seq.), the tribal management the Department of the Interior; and (A) the Settlement Agreement; plan shall require that a Pueblo spend any (C) the costs associated with any water (B) the Operating Agreement; and amounts withdrawn from the Fund in ac- made available from the San Juan-Chama (C) this title; and cordance with the purposes described in sec- Project which were determined nonreimburs- (2) to the County water in a quantity suffi- tion 107(c). able and nonreturnable pursuant to Public cient to allow full consumptive use of up to (3) ENFORCEMENT.—The Secretary may Law No. 88–293, 78 Stat. 171 (March 26, 1964) 1,500 acre-feet per year of water rights by the take judicial or administrative action to en- shall remain nonreimbursable and non- County Water Utility in accordance with— force the provisions of any tribal manage- returnable. (A) the Settlement Agreement; ment plan to ensure that any amounts with- (2) TERMINATION.—The contract shall pro- (B) the Operating Agreement; and drawn from the Fund under an approved trib- vide that it shall terminate only upon the (C) this title. al management plan are used in accordance following conditions— (c) ADDITIONAL USE OF ALLOCATION QUAN- with this title. (A) failure of the United States District TITY AND UNUSED CAPACITY.—The Regional (4) LIABILITY.—If a Pueblo or the Pueblos Court for the District of New Mexico to enter Water System may be used to— exercise the right to withdraw amounts from a final decree for the Aamodt Case by De- (1) provide for use of return flow credits to the Fund, neither the Secretary nor the Sec- cember 15, 2012, or within the time period of allow for full consumptive use of the water retary of the Treasury shall retain any li- any extension of that deadline granted by allocated in the Settlement Agreement to ability for the expenditure or investment of the court; or each of the Pueblos and to the County; and the amounts withdrawn. (B) entry of an order by the United States (2) convey water allocated to one of the (5) EXPENDITURE PLAN.— District Court for the District of New Mexico Pueblos or the County Water Utility for the (A) IN GENERAL.—The Pueblos shall submit voiding the final decree and Settlement benefit of another Pueblo or the County to the Secretary for approval an expenditure Agreement for the Aamodt Case pursuant to Water Utility or allow use of unused capac- plan for any portion of the amounts in the section 10.3 of the Settlement Agreement. ity by each other through the Regional Fund that the Pueblos do not withdraw (f) LIMITATION.—The Secretary shall use Water System in accordance with an inter- under this subsection. the water supply secured under subsection governmental agreement between the Pueb- (B) DESCRIPTION.—The expenditure plan (a) only for the purposes described in the los, or between a Pueblo and County Water shall describe the manner in which, and the Settlement Agreement. Utility, as applicable, if— purposes for which, amounts remaining in (g) FULFILLMENT OF WATER SUPPLY ACQUI- (A) such intergovernmental agreements the Fund will be used. SITION OBLIGATIONS.—Compliance with sub- are consistent with the Operating Agree- (C) APPROVAL.—On receipt of an expendi- sections (a) through (f) shall satisfy any and ment, the Settlement Agreement, and this ture plan under subparagraph (A), the Sec- all obligations of the Secretary to acquire or Act; retary shall approve the plan if the Sec- secure a water supply for the Pueblos pursu- (B) capacity is available without reducing retary determines that the plan is reason- ant to the Settlement Agreement. water delivery to any Pueblo or the County able and consistent with this Act, the Settle- (h) RIGHTS OF PUEBLOS IN SETTLEMENT Water Utility in accordance with the Settle- ment Agreement, and the Cost-Sharing and AGREEMENT UNAFFECTED.—Notwithstanding ment Agreement, unless the County Water System Integration Agreement. the provisions of subsections (a) through (g), Utility or Pueblo contracts for a reduction (D) ANNUAL REPORT.—The Pueblos shall the Pueblos, the County or the Regional in water delivery or Regional Water System submit to the Secretary an annual report Water Authority may acquire any additional capacity; that describes all expenditures from the water rights to ensure all parties to the Set- (C) the Pueblo or County Water Utility Fund during the year covered by the report. tlement Agreement receive the full alloca- contracting for use of the unused capacity or (6) NO PER CAPITA PAYMENTS.—No part of tion of water provided by the Settlement water has the right to use the water under the principal of the Fund, or the interest or Agreement and nothing in this Act amends applicable law; and income accruing on the principal shall be or modifies the quantities of water allocated (D) any agreement for the use of unused distributed to any member of a Pueblo on a to the Pueblos thereunder. capacity or water provides for payment of per capita basis. SEC. 104. DELIVERY AND ALLOCATION OF RE- the operation, maintenance, and replace- (7) AVAILABILITY OF AMOUNTS FROM THE GIONAL WATER SYSTEM CAPACITY ment costs associated with the use of capac- FUND.— AND WATER. ity or water. (A) APPROVAL OF SETTLEMENT AGREE- (a) ALLOCATION OF REGIONAL WATER SYS- SEC. 105. AAMODT SETTLEMENT PUEBLOS’ FUND. MENT.—Amounts made available under sub- TEM CAPACITY.— (a) ESTABLISHMENT OF THE AAMODT SETTLE- paragraphs (A) and (C) of section 107(c)(1) or (1) IN GENERAL.—The Regional Water Sys- MENT PUEBLOS’ FUND.—There is established from other authorized sources shall be avail- tem shall have the capacity to divert from in the Treasury of the United States a fund, able for expenditure or withdrawal only after the Rio Grande a quantity of water sufficient to be known as the ‘‘Aamodt Settlement the date on which the United States District to provide— Pueblos’ Fund,’’ consisting of— Court for the District of New Mexico issues (A) up to 4,000 acre-feet of consumptive use (1) such amounts as are made available to an order approving the Settlement Agree- of water; and the Fund under section 107(c) or other au- ment. (B) the requisite peaking capacity de- thorized sources; and (B) COMPLETION OF CERTAIN PORTIONS OF RE- scribed in— (2) any interest earned from investment of GIONAL WATER SYSTEM.—Amounts made (i) the Engineering Report; and amounts in the Fund under subsection (b). available under section 107(c)(1)(B) or from (ii) the final project design. (b) MANAGEMENT OF THE FUND.—The Sec- other authorized sources shall be available (2) ALLOCATION TO THE PUEBLOS AND COUNTY retary shall manage the Fund, invest for expenditure or withdrawal only after WATER UTILITY.—Of the capacity described in amounts in the Fund, and make amounts those portions of the Regional Water System paragraph (1)— available from the Fund for distribution to described in section 1.5.24 of the Settlement (A) there shall be allocated to the Pueb- the Pueblos in accordance with— Agreement have been declared substantially los— (1) the American Indian Trust Fund Man- complete by the Secretary. (i) sufficient capacity for the conveyance agement Reform Act of 1994 (25 U.S.C. 4001 et (C) FAILURE TO FULFILL CONDITIONS PRECE- of 2,500 acre-feet consumptive use; and seq.); and DENT.—If the conditions precedent in section (ii) the requisite peaking capacity for the (2) this Act. 203 have not been fulfilled by September 15, quantity of water described in clause (i); and (c) INVESTMENT OF THE FUND.—On the date 2017, the United States shall be entitled to (B) there shall be allocated to the County set forth in section 203(a)(1), the Secretary set off any funds expended or withdrawn Water Utility— shall invest amounts in the Fund in accord- from the amounts appropriated pursuant to (i) sufficient capacity for the conveyance ance with— section 107(c), together with any interest ac- of up to 1,500 acre-feet consumptive use; and (1) the Act of April 1, 1880 (25 U.S.C. 161); crued, against any claims asserted by the (ii) the requisite peaking capacity for the (2) the first section of the Act of June 24, Pueblos against the United States relating quantity of water described in clause (i). 1938 (25 U.S.C. 162a); and to the water rights in the Pojoaque Basin. (3) APPLICABLE LAW.—Water shall be allo- (3) the American Indian Trust Fund Man- SEC. 106. ENVIRONMENTAL COMPLIANCE. cated to the Pueblos and the County Water agement Reform Act of 1994 (25 U.S.C. 4001 et (a) IN GENERAL.—In carrying out this title, Utility under this subsection in accordance seq.). the Secretary shall comply with each law of with— (d) TRIBAL MANAGEMENT PLAN.— the Federal Government relating to the pro- (A) this title; (1) IN GENERAL.—A Pueblo may withdraw tection of the environment, including— (B) the Settlement Agreement; and all or part of the Pueblo’s portion of the (1) the National Environmental Policy Act (C) the Operating Agreement. Fund on approval by the Secretary of a trib- of 1969 (42 U.S.C. 4321 et seq.); and

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(2) the Endangered Species Act of 1973 (16 Nambe´ for the acquisition of the Nambe´ re- (6) LEASING OR MARKETING OF WATER SUP- U.S.C. 1531 et seq.). served water rights in accordance with sec- PLY.—The water supply provided on behalf of (b) NATIONAL ENVIRONMENTAL POLICY tion 103(a)(1)(A). The amount authorized the Pueblos pursuant to section 103(a)(1) may ACT.—Nothing in this Act affects the out- herein shall be adjusted according to the CPI only be leased or marketed by any of the come of any analysis conducted by the Sec- Urban Index commencing January 1, 2011. Pueblos pursuant to the intergovernmental retary or any other Federal official under The funds provided under this section may agreements described in section 104(c)(2). the National Environmental Policy Act of be used by the Pueblo of Nambe´ only for the (d) AMENDMENTS TO CONTRACTS.—The Sec- 1969 (42 U.S.C. 4321 et seq.). acquisition of land, other real property in- retary shall amend the contracts relating to SEC. 107. AUTHORIZATION OF APPROPRIATIONS. terests, or economic development. the Nambe Falls Dam and Reservoir that are (a) REGIONAL WATER SYSTEM.— (2) OPERATION, MAINTENANCE, AND REPLACE- necessary to use water supplied from the (1) IN GENERAL.—Subject to paragraph (4), MENT COSTS.— Nambe Falls Dam and Reservoir in accord- there is authorized to be appropriated to the (A) IN GENERAL.—Prior to conveyance of ance with the Settlement Agreement. Secretary for the planning, design, and con- the Regional Water System pursuant to sec- SEC. 202. ENVIRONMENTAL COMPLIANCE. struction of the Regional Water System and tion 101, the Secretary shall pay any oper- (a) EFFECT OF EXECUTION OF SETTLEMENT the conduct of environmental compliance ac- ation, maintenance or replacement costs as- AGREEMENT.—The execution of the Settle- tivities under section 106 a total of sociated with the Pueblo Water Facilities or ment Agreement under section 201(b) shall $106,400,000 between fiscal years 2010 and 2022. the Regional Water System up to an amount not constitute a major Federal action under (2) PRIORITY OF FUNDING.—Of the amounts that does not exceed $5,000,000, which is au- the National Environmental Policy Act of authorized under paragraph (1), the Sec- thorized to be appropriated to the Secretary. 1969 (42 U.S.C. 4321 et seq.). retary shall give priority to funding— (B) OBLIGATION OF THE FEDERAL GOVERN- (b) COMPLIANCE WITH ENVIRONMENTAL (A) the construction of the San Ildefonso MENT AFTER COMPLETION.—Except as pro- LAWS.—In carrying out this Act, the Sec- portion of the Regional Water System, con- vided in section 103(a)(4)(B), after construc- retary shall comply with each law of the sisting of— tion of the Regional Water System is com- Federal Government relating to the protec- (i) the surface water diversion, treatment, pleted and the amounts required to be depos- tion of the environment, including— and transmission facilities at San Ildefonso ited in the account have been deposited (1) the National Environmental Policy Act Pueblo; and under this section the Federal Government of 1969 (42 U.S.C. 4321 et seq.); and (ii) the San Ildefonso Pueblo portion of the shall have no obligation to pay for the oper- Pueblo Water Facilities; and (2) the Endangered Species Act of 1973 (16 ation, maintenance, and replacement costs U.S.C. 1531 et seq.). (B) that part of the Regional Water System of the Regional Water System. providing 475 acre-feet to Pojoaque Pueblo SEC. 203. CONDITIONS PRECEDENT AND EN- pursuant to section 2.2 of the Settlement TITLE II—POJOAQUE BASIN INDIAN FORCEMENT DATE. Agreement. WATER RIGHTS SETTLEMENT (a) CONDITIONS PRECEDENT.— (3) ADJUSTMENT.—The amount authorized SEC. 201. SETTLEMENT AGREEMENT AND CON- (1) IN GENERAL.—Upon the fulfillment of under paragraph (1) shall be adjusted annu- TRACT APPROVAL. the conditions precedent described in para- ally to account for increases in construction (a) APPROVAL.—To the extent the Settle- graph (2), the Secretary shall publish in the costs since October 1, 2006, as determined ment Agreement and the Cost-Sharing and Federal Register by September 15, 2017 a using applicable engineering cost indices. System Integration Agreement do not con- statement of finding that the conditions (4) LIMITATIONS.— flict with this Act, the Settlement Agree- have been fulfilled. (A) IN GENERAL.—No amounts shall be ment and the Cost-Sharing and System Inte- (2) REQUIREMENTS.—The conditions prece- made available under paragraph (1) for the gration Agreement (including any amend- dent referred to in paragraph (1) are the con- construction of the Regional Water System ments to the Settlement Agreement and the ditions that— until the date on which the United States Cost-Sharing and System Integration Agree- (A) to the extent that the Settlement District Court for the District of New Mexico ment that are executed to make the Settle- Agreement conflicts with this title, the Set- issues an order approving the Settlement ment Agreement or the Cost-Sharing and tlement Agreement has been revised to con- Agreement. System Integration Agreement consistent form with this title; (B) RECORD OF DECISION.—No amounts with this Act) are authorized, ratified, and (B) the Settlement Agreement, so revised, made available under paragraph (1) shall be confirmed. including waivers and releases pursuant to expended unless the record of decision issued (b) EXECUTION.—To the extent the Settle- section 204, has been executed by the appro- by the Secretary after completion of an envi- ment Agreement and the Cost-Sharing and priate parties and the Secretary; ronmental impact statement provides for a System Integration Agreement do not con- (C) Congress has fully appropriated, or the preferred alternative that is in substantial flict with this Act, the Secretary shall exe- Secretary has provided from other author- compliance with the proposed Regional cute the Settlement Agreement and the ized sources, all funds authorized by section Water System, as defined in the Engineering Cost-Sharing and System Integration Agree- 107, with the exception of subsection (a)(1) of Report. ment (including any amendments that are that section, by December 15, 2016; (b) ACQUISITION OF WATER RIGHTS.—There necessary to make the Settlement Agree- (D) the State has enacted any necessary is authorized to be appropriated to the Sec- ment or the Cost-Sharing and System Inte- legislation and provided any funding that retary funds for the acquisition of the water gration Agreement consistent with this Act). may be required under the Settlement rights under section 103(a)(1)(B)— (c) AUTHORITIES OF THE PUEBLOS.— Agreement; (1) in the amount of $5,400,000.00 if such ac- (1) IN GENERAL.—Each of the Pueblos may (E) a partial final decree that sets forth quisition is completed by December 31, 2010; enter into contracts to lease or exchange the water rights and other rights to water to and water rights or to forbear undertaking new which the Pueblos are entitled under the (2) the amount authorized under paragraph or expanded water uses for water rights rec- Settlement Agreement and this title and (b)(1) shall be adjusted according to the CPI ognized in section 2.1 of the Settlement that substantially conforms to the Settle- Urban Index commencing January 1, 2011. Agreement for use within the Pojoaque ment Agreement has been approved by the (c) AAMODT SETTLEMENT PUEBLOS’ FUND.— Basin in accordance with the other limita- United States District Court for the District (1) IN GENERAL.—There is authorized to be tions of section 2.1.5 of the Settlement of New Mexico; and appropriated to the Fund the following Agreement provided that section 2.1.5 is (F) a final decree that sets forth the water amounts for the period of fiscal years 2010 amended accordingly. rights for all parties to the Aamodt Case and through 2022: (2) EXECUTION.—The Secretary shall not that substantially conforms to the Settle- (A) $15,000,000, which shall be allocated to execute the Settlement Agreement until ment Agreement has been approved by the the Pueblos, in accordance with section 2.7.1 such amendment is accomplished under United States District Court for the District of the Settlement Agreement, for the reha- paragraph (1). of New Mexico by June 15, 2017. bilitation, improvement, operation, mainte- (3) APPROVAL BY SECRETARY.—Consistent (b) EXPIRATION DATE.—If all the conditions nance, and replacement of the agricultural with the Settlement Agreement as amended precedent described in subsection (a)(2) have delivery facilities, waste water systems, and under paragraph (1), the Secretary shall ap- not been fulfilled by September 15, 2017— other water-related infrastructure of the approve or disapprove a lease entered into (1) the Settlement Agreement and this Act plicable Pueblo. The amount authorized under paragraph (1). including waivers described in those docu- herein shall be adjusted according to the CPI (4) PROHIBITION ON PERMANENT ALIEN- ments shall no longer be effective; and Urban Index commencing October 1, 2006. ATION.—No lease or contract under paragraph (2) any funds that have been appropriated (B) $37,500,000, which shall be allocated to (1) shall be for a term exceeding 99 years, nor under this Act but not expended shall imme- an account, to be established not later than shall any such lease or contract provide for diately revert to the general fund of the January 1, 2016, to assist the Pueblos in pay- permanent alienation of any portion of the United States Treasury. ing the Pueblos’ share of the cost of oper- water rights made available to the Pueblos (c) ENFORCEMENT DATE.—The Settlement ating, maintaining, and replacing the Pueblo under the Settlement Agreement. Agreement shall become enforceable as of Water Facilities and the Regional Water (5) APPLICABLE LAW.—Section 2116 of the the date that the United States District System. Revised Statutes (25 U.S.C. 177) shall not Court for the District of New Mexico enters (C) $5,000,000 and any interest thereon, apply to any lease or contract entered into a partial final decree pursuant to subsection which shall be allocated to the Pueblo of under paragraph (1). (a)(2)(E) and an Interim Administrative

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5722 CONGRESSIONAL RECORD — SENATE May 20, 2009 Order consistent with the Settlement Agree- (3) all claims for damages, losses or inju- Stat. 564), and the Act of May 9, 1938 (52 Stat. ment. ries to water rights or claims of interference 291), as authorized by the Pueblo Lands Act (d) EFFECTIVENESS OF WAIVERS.—The waiv- with, diversion or taking of water (including of June 7, 1924 (43 Stat. 636) and the Pueblo ers and releases executed pursuant to section claims for injury to land resulting from such Lands Act of May 31, 1933 (48 Stat. 108) and 204 shall become effective as of the date that damages, losses, injuries, interference with, for breach of Trust relating to funds for the Secretary publishes the notice required diversion, or taking) for land within the water replacement appropriated by said Acts by subsection (a)(1). Pojoaque Basin that accrued at any time up that first accrued before the date of enact- (e) REQUIREMENTS FOR DETERMINATION OF to and including the waiver effectiveness ment of this Act; SUBSTANTIAL COMPLETION OF THE REGIONAL date identified in section 203(d); (4) all claims against the United States, its WATER SYSTEM.— (4) their defenses in the Aamodt Case to agencies, or employees relating to the pend- (1) CRITERIA FOR SUBSTANTIAL COMPLETION the claims previously asserted therein by ing litigation of claims relating to the Pueb- OF REGIONAL WATER SYSTEM.—Subject to the other parties to the Settlement Agreement; los’ water rights in the Aamodt Case; and provisions in section 101(d) concerning the (5) all pending and future inter se chal- (5) all claims against the United States, its extent, size, and capacity of the County Dis- lenges to the quantification and priority of agencies, or employees relating to the nego- tribution System, the Regional Water Sys- water rights of non-Pueblo wells in the tiation, Execution or the adoption of the tem shall be determined to be substantially Pojoaque Basin, except as provided by sec- Settlement Agreement, exhibits thereto, the completed if the infrastructure has been con- tion 2.8 of the Settlement Agreement; Partial Final Decree, the Final Decree, or structed capable of— (6) all pending and future inter se chal- this Act. (A) diverting, treating, transmitting, and lenges against other parties to the Settle- (c) RESERVATION OF RIGHTS AND RETENTION distributing a supply of 2,500 acre-feet of ment Agreement; OF CLAIMS.—Notwithstanding the waivers water to the Pueblos; and (7) all claims for damages, losses, or inju- and releases authorized in this Act, the (B) diverting, treating, and transmitting ries to water rights or claims of interference Pueblos on behalf of themselves and their the quantity of water specified in the Engi- with, diversion or taking of water (including members and the United States acting in its capacity as trustee for the Pueblos retain.— neering Report to the County Distribution claims for injury to land resulting from such (1) all claims for enforcement of the Settle- System. damages, losses, injuries, interference with, ment Agreement, the Cost-Sharing and Sys- (2) CONSULTATION.—On or after June 30, diversion, or taking of water) attributable to tem Integration Agreement, the Final De- 2021, at the request of 1 or more of the Pueb- City of Santa Fe pumping of groundwater cree, including the Partial Final Decree, the los, the Secretary shall consult with the that has effects on the ground and surface San Juan-Chama Project contract between Pueblos and confer with the County and the water supplies of the Pojoaque Basin, pro- the Pueblos and the United States or this State on whether the criteria in paragraph vided that this waiver shall not be effective Act; (1) for substantial completion of the Re- by the Pueblo of Tesuque unless there is a (2) all rights to use and protect water gional Water System have been met or will water resources agreement executed between rights acquired after the date of enactment be met by June 30, 2024. the Pueblo of Tesuque and the City of Santa Fe; of this Act; (3) RIGHT TO VOID FINAL DECREE.—If the (8) all claims for damages, losses, or inju- (3) all rights to use and protect water substantial completion criteria have not rights acquired pursuant to state law to the been met by June 15, 2021, after the consulta- ries to water rights or claims of interference with, diversion or taking of water (including extent not inconsistent with the Partial tion required by paragraph (2), the Pueblos claims for injury to land resulting from such Final Decree, Final Decree, and the Settle- or the United States as trustee for the Pueb- damages, losses, injuries, interference with, ment Agreement; los have until midnight June 30, 2024 to ask diversion, or taking of water) attributable to (4) all claims against persons other than the Decree Court to void the Final Decree County of Santa Fe pumping of groundwater Parties to the Settlement Agreement for pursuant to section 10.3 of the Settlement that has effects on the ground and surface damages, losses or injuries to water rights or Agreement. water supplies of the Pojoaque Basin; and claims of interference with, diversion or tak- (f) VOIDING OF WAIVERS.—If the Court de- (9) all claims for damages, losses, or inju- ing of water (including claims for injury to termines the Final Decree is voided pursuant ries, or for injunctive or other relief, because lands resulting from such damages, losses, to Section 10.3 of the Settlement Agreement, of the condition of, or changes in, the con- injuries, interference with, diversion, or tak- the Settlement Agreement shall no longer be centration of naturally occurring constitu- ing of water) within the Pojoaque Basin aris- effective, the waivers and releases executed ents of ground and surface water in the ing out of activities occurring outside the pursuant to section 204 shall no longer be ef- Pojoaque Basin arising out of the diversion Pojoaque Basin; fective, and any unexpended Federal funds, of water pursuant to water rights recognized (5) all claims relating to activities affect- together with any income earned thereon, by the final decree. ing the quality of water including any claims and title to any property acquired or con- (b) CLAIMS BY THE PUEBLOS AGAINST THE the Pueblos may have under the Comprehen- structed with expended Federal funds, shall UNITED STATES.—The Pueblos, on behalf of sive Environmental Response, Compensa- be returned to the Federal Government un- themselves and their members, are author- tion, and Liability Act of 1980 (42 U.S.C. 9601 less otherwise agreed to by the Pueblos and ized to execute a waiver and release of— et seq.) (including claims for damages to nat- the United States in writing and approved by (1) all claims against the United States, its ural resources), the Safe Drinking Water Act Congress. agencies, or employees, relating to claims (42 U.S.C. 300f et seq.), the Federal Water SEC. 204. WAIVERS AND RELEASES. for water rights in or water of the Pojoaque Pollution Control Act (33 U.S.C. 1251 et seq.), (a) CLAIMS BY THE PUEBLOS AND THE UNITED Basin or for rights to use water in the and the regulations implementing those STATES.—In return for recognition of the Pojoaque Basin that the United States act- laws; Pueblos’ water rights and other benefits, ining in its capacity as trustee for the Pueblos (6) all claims against the United States re- cluding waivers and releases by non-Pueblo asserted, or could have asserted, in any pro- lating to damages, losses, or injuries to land parties, as set forth in the Settlement Agree- ceeding, including the Aamodt Case; or natural resources not due to loss of water ment and this Act, the Pueblos, on behalf of (2) all claims against the United States, its or water rights (including hunting, fishing, themselves and their members, and the agencies, or employees relating to damages, gathering or cultural rights); United States acting in its capacity as trust- losses, or injuries to water, water rights, (7) all claims for water rights from water ee for the Pueblos are authorized to execute land, or natural resources due to loss of sources outside the Pojoaque Basin for land a waiver and release of— water or water rights (including damages, outside the Pojoaque Basin owned by a Pueb- (1) all claims for water rights in the losses or injuries to hunting, fishing, gath- lo or held by the United States for the ben- Pojoaque Basin that the Pueblos, or the ering or cultural rights due to loss of water efit of any of the Pueblos; and United States acting in its capacity as trust- or water rights; claims relating to inter- (8) all rights, remedies, privileges, immuni- ee for the Pueblos, asserted, or could have ference with, diversion or taking of water or ties, powers and claims not specifically asserted, in any proceeding, including the water rights; or claims relating to failure to waived and released pursuant to this Act or Aamodt Case, up to and including the waiver protect, acquire, replace, or develop water, the Settlement Agreement. effectiveness date identified in section 203(d), water rights or water infrastructure) within (d) EFFECT OF SECTION.—Nothing in the except to the extent that such rights are rec- the Pojoaque Basin that first accrued at any Settlement Agreement or this Act— ognized in the Settlement Agreement or this time up to and including the waiver effec- (1) affects the ability of the United States Act; tiveness date identified in section 203(d); acting in its sovereign capacity to take ac- (2) all claims for water rights for lands in (3) all claims against the United States, its tions authorized by law, including any laws the Pojoaque Basin and for rights to use agencies, or employees for an accounting of relating to health, safety, or the environ- water in the Pojoaque Basin that the Pueb- funds appropriated by Acts, including the ment, including the Comprehensive Environ- los, or the United States acting in its capac- Act of December 22, 1927 (45 Stat. 2), the Act mental Response, Compensation, and Liabil- ity as trustee for the Pueblos, might be able of March 4, 1929 (45 Stat. 1562), the Act of ity Act of 1980 (42 U.S.C. 9601 et seq.), the to otherwise assert in any proceeding not March 26, 1930 (46 Stat. 90), the Act of Feb- Safe Drinking Water Act (42 U.S.C. 300f et initiated on or before the date of enactment ruary 14, 1931 (46 Stat. 1115), the Act of seq.), the Federal Water Pollution Control of this title, except to the extent that such March 4, 1931 (46 Stat. 1552), the Act of July Act (33 U.S.C. 1251 et seq.), the Solid Waste rights are recognized in the Settlement 1, 1932 (47 Stat. 525), the Act of June 22, 1936 Disposal Act (42 U.S.C. 6901 et seq.), and the Agreement or this Act; (49 Stat. 1757), the Act of August 9, 1937 (50 regulations implementing those laws;

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5723 (2) affects the ability of the United States develops between communities and in- judge’s death, the judge must have to take actions acting in its capacity as dividuals, and in a State where the his- been enrolled in JSAS. Otherwise, they trustee for any other Indian tribe or allottee; tory is long and complex, disputes over can no longer participate in FEHB. or water are uniquely complicated. But, (3) confers jurisdiction on any State court Federal judges have only 6 months to— ay. despite the potential for disagree- from the date of their appointment to (A) interpret Federal law regarding health, ment over water tenure, New Mexicans sign up for JSAS and, for a variety of safety, or the environment or determine the are united in a common respect for this reasons, many do not do so. For exam- duties of the United States or other parties resource. From the pueblos and tribes ple, many individuals take substantial pursuant to such Federal law; or of New Mexico, to the historic acequias pay cuts when they leave a law firm to (B) conduct judicial review of Federal and growing communities, water is become a Federal judge, and they are agency action; fundamental to both survival and cul- unable to afford JSAS contributions, (e) TOLLING OF CLAIMS.— tural traditions, and is respected as (1) IN GENERAL.—Each applicable period of which amount to a 2.2 percent of a limitation and time-based equitable defense such. The Aamodt settlement is an ex- judge’s annual salary. Nearly 900 fed- relating to a claim described in this section ample of communities and tribes com- eral judges, representing about 40 per- shall be tolled for the period beginning on ing together to foster compromise cent of the federal judiciary, currently the date of enactment of this Act and ending rather than conflict. The parties in- do not participate in JSAS. However, if on June 30, 2021. volved have worked tirelessly to ensure given the opportunity, the Administra- (2) EFFECT OF SUBPARAGRAPH.—Nothing in that everyone has access to this pre- tive Office of the U.S. Courts estimates this subsection revives any claim or tolls cious and respected resource. between 200 and 300 judges would sign any period of limitation or time-based equi- It has been said that the wars of the table defense that expired before the date of up. enactment of this Act. future will be fought over access to Take, for example, the case of Judge (3) LIMITATION.—Nothing in this section water. In New Mexico, we are setting a Michael Mihm, who is a federal judge precludes the tolling of any period of limita- different precedent—a precedent of rein the Central District of Illinois, my tions or any time-based equitable defense spect and compromise, one that will home State. Judge Mihm wrote a letter under any other applicable law. help us move into the future with well- and said: SEC. 205. EFFECT. established partnerships and a commit- In 1982, when I came on the bench, the sur- Nothing in this Act or the Settlement ment to conserve and manage this vital vivor’s pension (JSAS) was so bad that al- Agreement affects the land and water rights, resource to the benefit of all. I am hon- most no incoming judge signed up for it. claims, or entitlements to water of any In- ored to join Senator BINGAMAN today in Plus, the percentage of salary involved was dian tribe, pueblo, or community other than introducing this legislation that will very high. So I didn’t sign up for it then. In the Pueblos. bring the Pueblos of Nambe, Pojoaque, the early 90s I was a member of the Judicial Mr. UDALL of New Mexico. Mr. San Ildefonso, and Tesuque and the Branch Committee, and at that time the President, today I join Senator BINGA- surrounding communities one step Committee and the judiciary succeeded in MAN in introducing a bill to complete getting a bill passed that improved the bene- closer to establishing a secure water fits (established a 25% floor) and the percent- the Aamodt water settlement in north- future. ern New Mexico. Introduction of this age of salary paid. There was an open season. bill represents a major milestone in That would have been the time to join. How- By Mr. DURBIN (for himself, Mr. ever, at that time I had four children attend- the resolution of water rights claims GRAHAM, and Mr. HATCH): ing private universities . . . I simply for four tribes along the Rio Grande in S. 1107. A bill to amend title 28, couldn’t afford to bring home a smaller pay- northern New Mexico. Decades of work United States Code, to provide for a check. I have for some time now been very and negotiation have gone into the set- limited 6-month period for Federal interested in ‘buying in’ to the survivor’s tlement, and I am pleased that the judges to opt into the Judicial Sur- pension, that is, pay in everything I would tribes, city, county, and community vivor’ Annuities System and begin con- have paid in if I had joined during the open groups involved were able to come to tributing toward an annuity for their season, plus a penalty amount for waiting until now to join. an agreement that is mutually bene- spouse and dependent children upon ficial to all water users in the Pojoaque their death, and for other purposes; to I also received a letter from U.S. Dis- valley. the Committee on the Judiciary. trict Court Judge Robert Gettleman in The Aamodt settlement resolves the Mr. DURBIN. Mr. President, today I the Northern District of Illinois, who water claims of the Pueblos of Nambe, am introducing a bill, together with said: ‘‘Especially given the cir- Pojoaque, San Ildefonso, and Tesuque, my Republican colleague Senator cumstances of our current economic and addresses the needs of the sur- ORRIN HATCH, that will help the finan- crisis, providing for my family in the rounding communities in Santa Fe cial security of Federal judges and event of a death is of urgent impor- County for water and sanitation sys- their families. It will do so without tance to me. I think I speak for many tems. The settlement is a result of long costing the Federal Government a of those in my circumstance that I am negotiations between the county and penny. happy to make a make-up payment and pueblos, and will result in the develop- Our bill, the Judicial Survivors Pro- contribute a greater share of my in- ment of a mutually beneficial water in- tection Act of 2009, will create an open come to participate in this program.’’ frastructure system. This system will season for active and senior federal The bill that Senator HATCH and I are ensure that the pueblos have access to judges to enroll in the Judicial Sur- introducing would allow Judge Mihm, clean running water into the future, vivors’ Annuities System, JSAS, if Judge Gettleman, and the hundreds of and will allow the surrounding commu- they are not currently enrolled. JSAS other nonparticipating federal judges nities to work with the county and provides an annuity for the surviving around the country to pay a penalty state to connect in to the water sys- spouses and dependent children of a de- and buy into the JSAS program. Such tem. I applaud the efforts and success ceased federal judge. Depending on the judges would be required to pay an en- of these groups in coming to an agree- judge’s length of service, the annuity hanced contribution rate of 2.75 per- ment that both settles disputes and for a surviving spouse can be as high as cent of their salary each year rather benefits each community. 50 percent of the judge’s average an- than the 2.2 percent rate they would New Mexico is a State rich with tra- nual salary, and the annuity for sur- pay if they had enrolled within 6 dition and culture, where water reviving dependent children can be as months of taking office. sources are scarce and precious. Di- high as 20 percent. As a result, the cost of our bill would verse communities have depended on In addition, our bill would provide an be borne by these new enrollees and the on ground and surface water along important health insurance benefit for not by the Federal Government or by the Rio Grande for centuries. As our the surviving family members of de- previously enrolled judges. The Con- population grows and communities ex- cease Federal judges. For a surviving gressional Budget Office has conducted pand to welcome newcomers, the im- spouse or dependent child to continue an informal review of this bill and de- pact on water resources in New Mexico to receive health insurance coverage termined that the cost of this bill is in- is vivid. With such stress on this vital under the Federal Employees Health significant. Therefore, the bill would but limited commodity, conflict easily Benefit, FEHB, program after the require no Federal funds and have no

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5724 CONGRESSIONAL RECORD — SENATE May 20, 2009 PAYGO implications. The higher ongo- Judicial Survivors’ Annuities System during Congress created the Judicial Sur- ing contribution rates for new enroll- the open enrollment period shall be deemed vivors’ Annuity System in 1956. It ees will offset the value of any poten- thereby to consent and agree to having de- allow Federal judges to devote a por- tial future liabilities that would be in- ducted from his or her salary a sum equal to tion of their salary toward an annuity 2.75 percent of that salary or a sum equal to curred by the JSAS fund, which cur- 3.5 percent of his or her retirement salary, for their spouses and dependent chil- rently has assets of over $500 million. except that the deduction from any retire- dren upon the judges’ death. Enroll- One of the highest priorities of the ment salary— ment in JSAS is also necessary for a federal judiciary in recent years has (1) of a justice or judge of the United judge’s family members to continue re- been the pursuit of a pay raise. Federal States retired from regular active service ceiving health insurance coverage judges have not received a pay raise under section 371(b) or 372(a) of title 28, under the Federal Employees Health from Congress since 1991, other than United States Code; Benefits Program. occasional cost-of living adjustments, (2) of a judge of the United States Court of The catch is that judges must enroll Federal Claims retired under section 178 of and there is a concern that some of title 28, United States Code; or within 6 months of taking judicial of- this Nation’s best and brightest attor- (3) of a judicial official on recall under sec- fice or 6 months of marriage while in neys no longer seek Federal judgeships tion 155(b), 373(c)(4), 375, or 636(h) of title 28, office. Approximately 40 percent of cur- because of the financial sacrifice they United States Code, rent Federal judges did not do so, some and their families would have to make. shall be an amount equal to 2.75 percent of for financial reasons. Many judges who The bill that Senator HATCH and I are retirement salary. had been in private practice, for exam- introducing today would not raise the (b) CONTRIBUTIONS TO BE CREDITED TO JUDI- ple, took a substantial pay cut to enter judicial pay of our federal judges, but CIAL SURVIVORS’ ANNUITIES FUND.—Contribu- public service. The enrollment period it would at least provide a modest ben- tions made under subsection (a) shall be for JSAS was the very time when they efit that might make judicial service credited to the Judicial Survivors’ Annuities and their families were making that fi- Fund. more tenable and more attractive. I nancial adjustment, when maximizing SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERV- hope Congress will take up and pass ICE. current income was the priority. This the Judicial Survivors Protection Act (a) LUMP SUM DEPOSIT.—Any judicial offi- is just one of the scenarios which have of 2009 as soon as possible. cial who files a written notification of his or led judges to decline enrollment in Mr. President, I ask unanimous con- her intention to participate in the Judicial JSAS, and it will become more likely, sent that the text of the bill be printed Survivors’ Annuities System during the open more pronounced, as Congress refuses in the RECORD. enrollment period may make a deposit to give Federal judges a much needed There being no objection, the text of equaling 2.75 percent of salary, plus 3 percent pay raise. the bill was ordered to be printed in annual, compounded interest, for the last 18 months of prior service, to receive the credit Congress may authorize an open-sea- the RECORD, as follows: for prior judicial service required for imme- son period for sitting judges to enroll S. 1107 diate coverage and protection of the offi- but has not done so since 1992, the year Be it enacted by the Senate and House of Rep- cial’s survivors. Any such deposit shall be after Congress last gave Federal judges resentatives of the United States of America in made on or before the closure of the open en- a real salary increase. The legislation Congress assembled, rollment period. we introduce today would provide for SECTION 1. SHORT TITLE. (b) DEPOSITS TO BE CREDITED TO JUDICIAL such a one-time, 6 month period for sit- This Act may be cited as the ‘‘Judicial SURVIVORS’ ANNUITIES FUND.—Deposits made ting Federal judges to enroll in JSAS. Survivors Protection Act of 2009’’. under subsection (a) shall be credited to the Judicial Survivors’ Annuities Fund. Doing so would not cost the taxpayers SEC. 2. DEFINITIONS. anything because these judges would In this Act: SEC. 6. VOLUNTARY CONTRIBUTIONS TO EN- (1) The term ‘‘judicial official’’ refers to in- LARGE SURVIVORS’ ANNUITY. commit a higher percentage of their cumbent officials defined under section Section 376 of title 28, United States Code, salary than those who enroll during 376(a) of title 28, United States Code. is amended by adding at the end the fol- the ordinary period. (2) The term ‘‘Judicial Survivors’ Annu- lowing: Congress’ refusal to provide appro- ities Fund’’ means the fund established ‘‘(y) For each year of Federal judicial serv- priate judicial compensation limits under section 3 of the Judicial Survivors’ ice completed, judicial officials who are en- judges’ ability to provide for their fam- Annuities Reform Act (28 U.S.C. 376 note; rolled in the Judicial Survivors’ Annuities ilies financial future. Providing this Public Law 94–554; 90 Stat. 2611). System on the date of enactment of the Ju- dicial Survivors Protection Act of 2009 may one-time opportunity for judges to en- (3) The term ‘‘Judicial Survivors’ Annu- roll in JSAS, therefore, is almost the ities System’’ means the program estab- purchase, in 3-month increments, up to an lished under section 376 of title 28, United additional year of service credit, under the least we can do. It will also allow more States Code. terms set forth in this section. In the case of judges to ensure that their family SEC. 3. PERSONS NOT CURRENTLY PARTICI- judicial officials who elect to enroll in the members will continue receiving PATING IN THE JUDICIAL SUR- Judicial Survivors’ Annuities System during health insurance coverage. And since it VIVORS’ ANNUITIES SYSTEM. the statutory open enrollment period au- will not cost the taxpayers anything, I (a) ELECTION OF JUDICIAL SURVIVORS’ ANNU- thorized under the Judicial Survivors Pro- think it is a win-win which I trust will tection Act of 2009, for each year of Federal ITIES SYSTEM COVERAGE.—An eligible judicial receive wide bipartisan support. official may elect to participate in the Judi- judicial service completed, such an official cial Survivors’ Annuities System during the may purchase, in 3-month increments, up to By Mr. REID (for Mr. ROCKE- open enrollment period specified in sub- an additional year of service credit for each section (d). year of Federal judicial service completed, FELLER): (b) MANNER OF MAKING ELECTIONS.—An under the terms set forth in section 4(a) of S. 1110. A bill to amend title XVIII of election under this section shall be made in that Act.’’. the Social Security Act to create a sen- writing, signed by the person making the SEC. 7. EFFECTIVE DATE. sible infrastructure for delivery system election, and received by the Director of the This Act, including the amendment made reform by renaming the Medicare Pay- Administrative Office of the United States by section 6, shall take effect on the date of ment Advisory Commission, making Courts before the end of the open enrollment enactment of this Act. the Commission an executive branch period. Mr. HATCH. Mr. President, I am agency, and providing the Commission (c) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall be effective as of the first pleased to join my colleague from Illi- new resources and authority to imple- day of the first calendar month following the nois and fellow Judiciary Committee ment Medicare payment policy; to the month in which the election is received by member, Senator DURBIN, in intro- Committee on Finance. the Director. ducing the Judicial Survivors’ Protec- Mr. ROCKEFELLER. Mr. President, I (d) OPEN ENROLLMENT PERIOD DEFINED.— tion Act of 2009. This legislation will rise today to introduce the Medicare The open enrollment period under this sec- provide more Federal judges with an Payment Advisory Commission tion is the 6-month period beginning 30 days opportunity financially to provide for MedPAC Reform Act, legislation to after the date of enactment of this Act. their own families after their death. elevate MedPAC to an executive SEC. 4. JUDICIAL OFFICERS’ CONTRIBUTIONS FOR OPEN ENROLLMENT ELECTION. Under this legislation, the cost of this branch entity and give it the resources (a) CONTRIBUTION RATE.—Every active judi- opportunity will be borne by the judges and authority to implement Medicare cial official who files a written notification themselves, not by the taxpayers, and I payment policies. It is a fact that the of his or her intention to participate in the hope all my colleagues will support it. quality of U.S. health care is mediocre

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5725 and its costs are unsustainable. None- In addition to extending the terms (3) in subsection (c)— theless, a modern health care delivery and requirements of the Commissioners (A) in paragraph (1)— system is within our reach and some- to be full-time employees of the Com- (i) by striking ‘‘APPOINTMENT.—The Com- thing that we can start to achieve this mission, this legislation also estab- mission’’ and inserting ‘‘APPOINTMENT.— year. Payment reforms, particularly in lishes three new advisory councils to ‘‘(A) IN GENERAL.—The Commission’’; Medicare, are the cornerstone for driv- (ii) in subparagraph (A), as inserted by assist them in their decision-making— clause (i)— ing quality improvement and improv- a Council of Health and Economic Ad- (I) by striking ‘‘17’’ and inserting ‘‘11’’; ing the efficiency of our health care visors, a Consumer Advisory Council, (II) by inserting ‘‘the Secretary and the system. However, Congress must adopt and a Federal Health Advisory Council Administrator of the Centers for Medicare & a mechanism to implement and main- with representatives from the health Medicaid Services, who shall each serve as tain Medicare reimbursement policies care industry. non-voting members of the Commission, that are based on the best evidence and Lastly, MedPAC’s authority to ana- and’’ after ‘‘composed of’’; and driven by the right incentives. This is lyze health services research is also en- (III) by striking ‘‘Comptroller General’’ simply not the case today. hanced in this legislation by providing and inserting ‘‘President, by and with the Currently, Congress has the sole au- them with additional resources and advice and consent of the Senate’’; and (iii) by adding at the end the following new thority to change the cost curve for staff to bolster their current analytical Medicare. Unfortunately, this process subparagraphs: role. Given the limitations of the cur- ‘‘(B) LIMITATION ON NUMBER OF TERMS is riddled with political influence and rent Medicare demonstration process, is slowed by an inadequate structure to SERVED.—An individual may not be ap- this legislation provides new authority research, analyze, test, and implement pointed as a member of the Commission for and resources to MedPAC to design and more than 2 consecutive terms. successful delivery system reforms. evaluate new payment models through ‘‘(C) MEMBERS CURRENTLY APPOINTED.— Given the role of Medicare in deter- Medicare demonstrations. ‘‘(i) IN GENERAL.—Any individual serving as mining market norms among all health a member of the Commission as of the date care payers, both public and private, I strongly feel that establishing MedPAC as an independent executive of enactment of the Medicare Payment Advi- the federal government has an oppor- sory Commission (MedPAC) Reform Act of tunity to realign our nation’s health branch agency—which can only happen 2009 may continue to serve as a member care system to drive quality improve- through an act of Congress—is the type until the earlier of— ment and greater efficiency. of bold step forward that can truly ‘‘(I) the remainder of the term for which The federal government already has a transform our delivery system. Con- the member was appointed; or well-respected, independent entity— gress has proven itself to be inefficient ‘‘(II) April 30, 2010. the Medicare Payment Advisory Com- and inconsistent in making decisions ‘‘(ii) CLARIFICATION REGARDING VACAN- mission, MedPAC—that currently ad- about provider reimbursement under CIES.—Any vacancy in the Commission on or after such date of enactment shall be filled vises Congress on Medicare payment Medicare. If we want serious improvements in our health care delivery sys- as provided in accordance with subparagraph policies. MedPAC, established by the (A).’’; and Balanced Budget Act of 1997 (P.L. 105– tem, then Congress should leave the re- (B) in paragraph (2), by striking subpara- 33), employs a number of mechanisms imbursement rules to the independent graph (D) and inserting the following new to inform Congress on issues affecting health care experts. I urge my col- subparagraph: the Medicare program. Specifically, leagues to join me in support of a pol- ‘‘(D) ADDITIONAL QUALIFICATIONS.—In addi- MedPAC analyzes provider reimburse- icy that truly improves Medicare today tion to the qualifications described in the ment, beneficiary access to care, and and in the future. succeeding provisions of this paragraph, the quality of care; delivers this informa- Mr. President, I ask unanimous con- President shall consider the political balance tion to Congress through regular resent that the text of the bill be printed of the membership of the Commission and the needs of individuals entitled to (or en- in the RECORD. ports and recommendations; engages in rolled for) benefits under part A or enrolled public meetings to discuss policy issues There being no objection, the text of under part B who are entitled to medical as- and formulate its recommendations to the bill was ordered to be printed in sistance under a State plan under title the Congress; and seeks input on Medi- the RECORD, as follows: XIX.’’. care issues in non-public forums S. 1110 (C) in paragraph (3)— through frequent meetings with a wide Be it enacted by the Senate and House of Rep- (i) by amending subparagraph (A) to read variety of parties. resentatives of the United States of America in as follows: Despite MedPAC’s reputation for pro- Congress assembled, ‘‘(A) IN GENERAL.—The terms of members viding thoughtful, evidence-based rec- SECTION 1. SHORT TITLE. of the Commission shall be for 6 years except ommendations to improve Medicare’s This Act may be cited as the ‘‘Medicare that, of the members first appointed— payment policies, MedPAC has no Payment Advisory Commission (MedPAC) ‘‘(i) four shall be appointed for terms of 5 Reform Act of 2009’’. years; power to implement its recommenda- ‘‘(ii) four shall be appointed for terms of 3 SEC. 2. RENAMING AND REFORMING THE MEDI- tions. That power rests solely with years; and Congress. Unfortunately, Members of CARE PAYMENT ADVISORY COMMIS- SION. ‘‘(iii) three shall be appointed for terms of Congress face unyielding pressure from (a) AMENDMENT TO TITLE.— 1 year.’’; and the health care industry to pick and (1) IN GENERAL.—Section 1805 of the Social (ii) in subparagraph (B), in the third sen- choose which MedPAC recommenda- Security Act (42 U.S.C. 1395b–6) is amended— tence, by striking ‘‘A vacancy’’ and inserting tions they consider, despite the evi- (A) in the heading, by striking ‘‘medicare ‘‘Except as provided in paragraph (1)(C), a dence. This routinely leads to the pas- payment advisory commission’’ and insert- vacancy’’; sage of laws that put the special inter- ing ‘‘medicare payment and access commis- (D) by amending paragraph (4) to read as ests of industry over the needs of pa- sion’’; and follows: ‘‘(4) COMPENSATION.—Membership in the tients. (B) in subsection (a), by striking ‘‘Medi- care Payment Advisory Commission’’ and in- Commission shall be a full-time position. A MedPAC has proven, through its ob- member of the Commission shall be entitled jectivity and its open and deliberative serting ‘‘Medicare Payment and Access Com- mission (or ‘MedPAC’)’’. to compensation at the rate payable for level process, that they have the appropriate (2) REFERENCES.—Any reference to the IV of the Executive Schedule under section expertise to change the cost curve for Medicare Payment Advisory Commission 5316 of title 5, United States Code.’’. Medicare and strengthen it for the fu- shall be deemed a reference to the Medicare (E) by amending paragraph (5) to read as ture. The Medicare Payment Advisory Payment and Access Commission. follows: Commission Reform Act of 2009 helps (b) ESTABLISHMENT AS EXECUTIVE AGEN- ‘‘(5) CHAIRMAN; VICE CHAIRMAN.—The Presi- to achieve this goal. Specifically, this CY.—Section 1805 of the Social Security Act dent shall designate a member of the Com- legislation would restructure MedPAC (42 U.S.C. 1395b–6) is amended— mission, at the time of appointment of the as an independent executive branch en- (1) in the heading, by striking ‘‘ADVISORY’’; member by and with the advice and consent (2) in subsection (a)— of the Senate, as Chairman and a member of tity, like the Federal Reserve Board. (A) by striking ‘‘Advisory’’; and the Commission, at the time of appointment This would provide MedPAC the appro- (B) by striking ‘‘agency of Congress’’ and of the member by and with the advice and priate authority to implement its rec- inserting ‘‘independent establishment (as de- consent of the Senate, as Vice Chairman, ex- ommendations for Medicare provider fined in section 104 of title 5, United States cept that in the case where the Chairman or reimbursement policies. Code)’’; the Vice Chairman is not able to be present

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5726 CONGRESSIONAL RECORD — SENATE May 20, 2009 (including in the case of vacancy), a major- the Commission shall submit to Congress a ner, and to the same extent as in the case of ity of the Commission may designate an- report on any payment rates determined any other rule of that House.’’. other member for the period of such ab- under subparagraph (A) during the preceding (e) RESEARCH, INFORMATION ACCESS, AND sence.’’; year, including the performance of the Sec- DEMONSTRATION PROJECTS.—Section 1805(e) (4) in subsection (d), in the matter pre- retary in implementing such payment rates of the Social Security Act (42 U.S.C. 1395b– ceding paragraph (1), by striking ‘‘Subject to by promulgating regulations under subpara- 6(e)) is amended by adding at the end the fol- such review as the Comptroller General graph (B). lowing new paragraphs: deems necessary to assure the efficient ad- ‘‘(10) ROUTINE EVALUATION OF PAYMENT ‘‘(5) AUTHORITY TO INFORM RESEARCH PRIOR- ministration of the Commission, the Com- RATES.—The Commission shall review the ITIES FOR DATA COLLECTION.—The Commis- mission’’ and inserting ‘‘The Commission’’; payment rate for each item and service fur- sion may advise the Secretary (through the (5) by amending subsection (f) to read as nished under this title not less frequently Director of the Agency for Healthcare Re- follows: than every 5 years in order to determine search and Quality and the Director of the ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— whether the Commission should make a de- National Institutes of Health) on priorities There are authorized to be appropriated such termination under paragraph (9) to update for health services research, particularly as sums as may be necessary to carry out the such payment rate.’’. such priorities pertain to necessary changes provisions of this section. Sixty percent of (2) GAO STUDY AND ANNUAL REPORT ON DE- and issues regarding payment reforms under such appropriations shall be payable from TERMINATION AND IMPLEMENTATION OF PAY- this title. the Federal Hospital Insurance Trust Fund, MENT RATES.— ‘‘(6) EXPANDED AUTHORITY TO ACCESS FED- ERAL DATA AND REPORTS and 40 percent of such appropriation shall be (A) STUDY.—The Comptroller General of .—In addition to data payable from the Federal Supplementary the United States shall conduct a study on obtained under paragraph (1), the Commis- Medical Insurance Trust Fund.’’; and changes to payment policies under the Medi- sion shall have priority access to all raw (6) by adding at the end the following new care program under title XVIII of the Social data and research conducted or funded by subsection: Security Act as a result of the amendments the Federal government, including data and ‘‘(g) REFERENCES.—Any reference to the made by this subsection, including an anal- research produced by the Centers for Medi- Medicare Payment Advisory Commission or ysis of— care & Medicaid Services, the National Insti- MedPAC shall be deemed a reference to the tutes of Health, and the Agency for (i) any determinations made by the Medi- Medicare Payment and Access Commis- Healthcare Research and Quality. care Payment and Access Commission under sion.’’. ‘‘(7) ELECTRONIC ACCESS.—The National Di- subparagraph (A) of section 1805(b)(9) of such (c) AUTHORITY TO DETERMINE PAYMENT rector for Health Information Technology, in Act, as added by paragraph (1), during the RATES AND ROUTINE EVALUATION OF PAYMENT coordination with the Secretary, the Admin- preceding year; RATES UNDER THE MEDICARE PROGRAM.— istrator of the Centers for Medicare & Med- (ii) any regulations promulgated by the (1) IN GENERAL.—Section 1805(b) of the So- icaid Services, and the Commission, shall es- Secretary of Health and Human Services cial Security Act (42 U.S.C. 1395b–6(b)) is tablish a direct electronic link for raw data, under subparagraph (B) of such section dur- amended— including claims data under this title, to be ing the preceding year; (A) in paragraph (1)(B), by inserting ‘‘and accessed by the Commission for the purposes determine payment rates for items and serv- (iii) the process for— of evaluating and determining recommenda- ices furnished under this title in accordance (I) making such determinations (including tions under this title, in accordance with ap- with paragraph (9)’’ before the semicolon at the evidence to support any such determina- plicable privacy laws and data use agree- the end; and tion); ments. (II) promulgating such regulations (includ- (B) by adding at the end the following new ‘‘(8) ACCESS TO BIANNUAL REPORTS.—Not paragraphs: ing the capacity of the Secretary of Health less frequently than on a biannual basis, the ‘‘(9) AUTHORITY TO DETERMINE PAYMENT and Human Services to promulgate such reg- National Institutes of Health and the Agency RATES UNDER THIS TITLE.— ulations); and for Healthcare Research and Quality shall ‘‘(A) DETERMINATION OF PAYMENT RATES.— (iv) the ability of the Centers for Medicare submit to the Commission a report con- ‘‘(i) IN GENERAL.—Notwithstanding any & Medicaid Services to fulfill its responsibil- taining information on any research con- other provision of law, the Commission shall ities in carrying out such regulations. ducted by the National Institutes of Health determine payment rates for items and serv- (B) REPORT.—Not later than December 31 and the Agency for Healthcare Research and ices furnished under this title. In deter- of each year (beginning with 2012), the Comp- Quality, respectively, which has relevance mining such payment rates, the Commission troller General shall submit to Congress a for the determinations and recommendations shall do so in a manner that is consistent report containing the results of the study being considered by the Commission. Such with the provisions of sections 1801 and 1802. conducted under subparagraph (A), together information shall be provided to the Com- ‘‘(ii) TIMELINE FOR DETERMINATIONS WITH with recommendations for such legislation mission in electronic form. and administrative action as the Secretary RESPECT TO PAYMENT POLICIES FOR PHYSICIANS ‘‘(9) REVISIONS TO PROCESS FOR CONDUCT OF determines appropriate. AND HOSPITALS.—The Commission shall make DEMONSTRATION PROJECTS RELATING TO PAY- a determination under this subparagraph (d) CONGRESSIONAL ACTION.—Section 1805 of MENTS UNDER THIS TITLE.—Effective begin- with respect to payment policies— the Social Security Act (42 U.S.C. 1395b–6), as ning January 1, 2011, the Commission shall ‘‘(I) for physicians (as defined in section amended by subsection (b), is amended— have sole authority to design and evaluate 1861(r)(1)), not later than December 1 of each (1) by redesignating subsections (f) and (g), demonstration projects relating to payments year (beginning with 2012); and respectively, as subsections (g) and (h); and under this title which are authorized by sec- ‘‘(II) for hospitals, not later than March 1 (2) by inserting after subsection (e) the fol- tion 402 of the Social Security Amendments of each year (beginning with 2013). lowing new subsection: of 1967 or under a waiver under section 1115. ‘‘(B) IMPLEMENTATION OF PAYMENT RATES.— ‘‘(f) CONGRESSIONAL ACTION.— The Secretary shall maintain all responsi- ‘‘(i) AUTHORITY OF SECRETARY.—Notwith- ‘‘(1) IN GENERAL.—Notwithstanding any bility for implementing such demonstration standing any other provision of law, the Sec- other provision of law, it shall only be in projects, including for implementing the retary shall promulgate regulations to im- order in the Senate or the House of Rep- process through which providers are reim- plement any payment rates determined by resentatives to consider any measure that bursed for items and services furnished under the Commission under subparagraph (A). would overrule a determination of the Com- the demonstration projects. Nothing in this ‘‘(ii) PAYMENT RATES AND REGULATIONS CUR- mission with respect to payments for items paragraph shall affect the authority of the RENTLY IN EFFECT.—Any payment rate for and services furnished under this title if 3⁄5 of Secretary with respect to demonstration items and services furnished under this title the Members, duly chosen and sworn, of the projects under this title not relating to such as of the date of enactment of the Medicare Senate or the House of Representatives agree payments.’’. Payment Advisory Commission (MedPAC) to such consideration. (f) ADDITIONAL RESOURCES TO CARRY OUT Reform Act of 2009 or regulation promul- ‘‘(2) RULES OF THE SENATE AND HOUSE OF DUTIES.— gated by the Secretary relating to such pay- REPRESENTATIVES.—This subsection is en- (1) IN GENERAL.—Section 1805(d) of the So- ments prior to such date of enactment shall acted by Congress— cial Security Act (42 U.S.C. 1395b–6(d)) is remain in effect until the Secretary promul- ‘‘(A) as an exercise of the rulemaking amended— gates regulations under clause (ii) to imple- power of the Senate and House of Represent- (A) in paragraph (1), by inserting ‘‘(includ- ment a payment rate determined by the atives, respectively, and is deemed to be part ing an attorney)’’ after ‘‘such other per- Commission with respect to the item or serv- of the rules of each House, respectively, but sonnel’’; and ice. applicable only with respect to the procedure (B) in paragraph (5), by striking ‘‘and’’ at ‘‘(C) LIMITATION ON JUDICIAL REVIEW.—Any to be followed in that House in the case of a the end; determination of the Commission relating to measure described in paragraph (1), and it (C) in paragraph (6), by striking the period payment rates for items and services fur- supersedes other rules only to the extent at the end and inserting ‘‘; and’’; and nished under this title shall be a final agency that it is inconsistent with such rules; and (D) by adding at the end the following new action of the Commission and shall not be ‘‘(B) with full recognition of the constitu- paragraph: subject to judicial review. tional right of either House to change the ‘‘(7) establish a public affairs office.’’. ‘‘(D) ANNUAL REPORT.—Not later than rules (so far as they relate to the procedure (2) OFFICE OF THE OMBUDSMAN.—Section March 15 of each year (beginning with 2012), of that House) at any time, in the same man- 1805(e) of the Social Security Act (42 U.S.C.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5727 1395b–6(e)), as amended by subsection (e), is acknowledged experts in health care and eco- Workload project; to the Committee on amended by adding at the end the following nomics selected by the Commission. Finance. new paragraph: ‘‘(II) INITIAL INCLUSION OF FORMER MEMBERS Mr. ROCKEFELLER. Mr. President, I ‘‘(10) OFFICE OF THE OMBUDSMAN.— OF MEDICARE PAYMENT ADVISORY COMMIS- rise today to introduce the Special Dis- ‘‘(A) IN GENERAL.—The Commission shall SION.—The members initially selected for the ability Workload Liability Resolution establish an office of the ombudsman to han- council of health and economic advisers dle complaints regarding the implementa- under subclause (I) shall include those indi- Act, legislation that will resolve Medi- tion of regulations under subsection viduals who were members of the Medicare care’s longstanding liability to state (a)(9)(B). Payment Advisory Commission as of the day Medicaid programs for individuals who ‘‘(B) DUTIES.—The office of the ombudsman before the date of enactment of the Medicare were covered by Medicaid when they shall— Payment Advisory Commission (MedPAC) should have been covered by Medicare. ‘‘(i) act as a liaison between the Commis- Reform Act of 2009. For the past several decades, hun- sion and any entity or individual affected by ‘‘(B) CONSUMER ADVISORY COUNCIL.— dreds of thousands of disabled people the implementation of such a regulation; and ‘‘(i) IN GENERAL.—There is established a have had their health care paid for by ‘‘(ii) ensure that the Commission has es- consumer advisory council to advise the Commission on the impact of payment poli- Medicaid; however, their health care tablished safeguards— was actually the responsibility of ‘‘(I) to encourage such entities and individ- cies under this title on consumers. uals to submit complaints to the office of the ‘‘(ii) MEMBERSHIP.— Medicare. Therefore, states have been ombudsman; and ‘‘(I) NUMBER AND APPOINTMENT.—The con- left financially responsible for individ- ‘‘(II) to protect the confidentiality of any sumer advisory council shall be composed of uals whose care should have been paid entity or individual who submits such a com- 10 consumer representatives appointed by for entirely by the Federal Govern- plaint.’’. the Comptroller General of the United ment. Both the Centers for Medicare (g) USE OF FUNDING.—Section 1805(g) of the States, 1 from among each of the 10 regions and Medicaid Services, CMS, and the Social Security Act (42 U.S.C. 1395b–6(g)), as established by the Secretary as of the date of enactment of the Medicare Payment Advi- Social Security Administration, SSA, amended by subsection (b) and redesignated acknowledge Medicare’s responsibility by subsection (d), is amended by adding at sory Commission (MedPAC) Reform Act of the end the following new sentence: ‘‘Out of 2009. for these beneficiaries. The Social Se- amounts appropriated under the preceding ‘‘(II) QUALIFICATIONS.—The membership of curity Administration is in the process sentence, the Commission may use not more the council shall represent the interests of of correcting the cash insurance pay- than $500,000,000 each fiscal year to test new consumers and particular communities. ments that were due to disabled indi- methods of reimbursement under this title.’’. ‘‘(iii) DUTIES.—The consumer advisory viduals. However, CMS has not acted to (h) MACPAC TECHNICAL AMENDMENTS.— council shall, subject to the call of the Com- establish a means of satisfying Medi- Section 1900(b) of the Social Security Act (42 mission, meet not less frequently than 2 times each year in the District of Columbia. care’s liability. U.S.C. 1396) is amended— This is unacceptable. Nearly every (1) in paragraph (1)(D), by striking ‘‘June ‘‘(iv) OPEN MEETINGS.—Meetings of the con- 1’’ and inserting ‘‘June 15’’; and sumer advisory council shall be open to the state is struggling to balance its budg- (2) by adding at the end the following: public. et in the midst of this terrible eco- ‘‘(10) CONSULTATION WITH MEDPAC.— ‘‘(v) ELECTION OF OFFICERS.—Members of nomic crisis, and it is estimated that MACPAC shall regularly consult with the the consumer advisory council shall elect the Medicare program owes the states Medicare Payment and Access Commission their own officers. an estimated $4 billion. This figure (in this paragraph referred to as ‘MedPAC’) ‘‘(C) FEDERAL HEALTH ADVISORY COUNCIL.— continues to grow as the SSA corrects established under section 1805 in carrying ‘‘(i) IN GENERAL.—There is established a additional cases. When it is determined Federal health advisory council to consult out its duties under this section.’’. that a state owes the Federal Govern- (i) LOBBYING COOLING-OFF PERIOD FOR with and provide advice to the Commission MEMBERS OF THE MEDICARE PAYMENT ADVI- on all matters within the jurisdiction of the ment money for Medicaid expenses, SORY COMMISSION.—Section 207(c) of title 18, Commission. states have only 60 days to pay this United States Code, is amended by inserting ‘‘(ii) MEMBERSHIP.—The Federal health ad- debt. Yet, now that the situation is re- at the end the following: visory council shall be composed of 10 rep- versed, the Federal Government has ‘‘(3) MEMBERS OF THE MEDICARE PAYMENT resentatives from the health care industry not even established a timeline with ADVISORY COMMISSION.— appointed by the Comptroller General of the which to pay its debt to the States. ‘‘(A) IN GENERAL.—Paragraph (1) shall United States, 1 from among each of the 10 The legislation I am introducing regions established by the Secretary as of apply to a member of the Medicare Payment today, the Special Disability Workload Advisory Commission who was appointed to the date of enactment of the Medicare Pay- such Commission as of the day before the ment Advisory Commission (MedPAC) Re- Liability Resolution Act, would pro- date of enactment of the Medicare Payment form Act of 2009. vide $4 billion in Federal funding to Advisory Commission (MedPAC) Reform Act ‘‘(iii) TERMS.— settle this debt to the States. It re- of 2009. ‘‘(I) IN GENERAL.—The terms of members of quires the Social Security Administra- ‘‘(B) AGENCIES AND CONGRESS.—For pur- the Federal health advisory council shall be tion and CMS to develop an accurate poses of paragraph (1), the agency in which for 1 year. payment methodology to reimburse the individual described in subparagraph (A) ‘‘(II) LIMITATION ON NUMBER OF TERMS states within 6 months of the bill’s en- SERVED.—An individual may not be ap- served shall be considered to be the Medicare actment. Resolving this Federal debt Payment and Access Commission established pointed as a member of the Federal health under section 1805 of the Social Security Act, advisory council for more than 3 terms. would inject critical funds into State the Department of Health and Human Serv- ‘‘(iv) DUTIES.—The Federal health advisory and local economies and help maintain ices, and the relevant committees of juris- council shall, subject to the call of the Com- state jobs. diction of Congress.’’. mission, meet not less frequently than 2 This bill is based on language suc- SEC. 3. ESTABLISHMENT OF COUNCIL OF times each year in the District of Columbia. cessfully included in the Senate-passed HEALTH AND ECONOMIC ADVISERS, ‘‘(v) OPEN MEETINGS.—Meetings of the Fed- American Recovery and Reinvestment CONSUMER ADVISORY COUNCIL, eral health advisory council shall be open to Act, but it was dropped in conference. AND FEDERAL HEALTH ADVISORY the public. COUNCIL. It is my hope that my colleagues will ‘‘(vi) ELECTION OF OFFICERS.—Members of Section 1805(b) of the Social Security Act the Federal health advisory council shall once again support this important leg- (42 U.S.C. 1395b–6(b)), as amended by section elect their own officers. islation. 2(c), is amended by adding at the end the fol- ‘‘(D) LIMITATION ON FUNDING.—Out of Mr. President, I ask unanimous con- lowing new paragraph: amounts appropriated under subsection (g), sent that the text of the bill be printed ‘‘(11) COUNCIL OF HEALTH AND ECONOMIC AD- the Commission may use not more than in the RECORD. VISERS, CONSUMER ADVISORY COUNCIL, AND $300,000 each fiscal year to carry out this There being no objection, the text of FEDERAL HEALTH ADVISORY COUNCIL.— paragraph.’’. the bill was ordered to be printed in ‘‘(A) COUNCIL OF HEALTH AND ECONOMIC AD- the RECORD, as follows: VISERS.— By Mr. REID (for Mr. ROCKE- ‘‘(i) IN GENERAL.—The Commission shall es- S. 1111 FELLER): Be it enacted by the Senate and House of Rep- tablish a council of health and economic ad- S. 1111. A bill to require the Sec- visers to advise the Commission on its devel- resentatives of the United States of America in opment, analyses, and implementation of retary of Health and Human Services Congress assembled, payment policies under this title. to enter into agreements with States SECTION 1. SHORT TITLE. ‘‘(ii) MEMBERSHIP.— to resolve outstanding claims for reim- This Act may be cited as the ‘‘Special Dis- ‘‘(I) IN GENERAL.—The council of health bursement under the Medicare program ability Workload Liability Resolution Act of and economic advisers shall be composed of relating to the Special Disability 2009’’.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5728 CONGRESSIONAL RECORD — SENATE May 20, 2009 SEC. 2. PAYMENT OF MEDICARE LIABILITY TO gible to receive a payment under this section City, AR, in 2007 that resulted in four STATES AS A RESULT OF THE SPE- while such an action is pending or if such an fatalities. The driver was reportedly CIAL DISABILITY WORKLOAD action is resolved in favor of the State. PROJECT. under the influence of amphetamines, (d) DEFINITIONS.—In this section: (a) IN GENERAL.—The Secretary, in con- one of the substances tested for under (1) COMMISSIONER.—The term ‘‘Commis- sultation with the Commissioner, shall work sioner’’ means the Commissioner of Social Federal Motor Carrier Safety Adminis- with each State to reach an agreement, not Security. tration, FMCSA, testing regulations. later than 6 months after the date of enact- (2) MEDICAID PROGRAM.—The term ‘‘Med- The driver of this commercial vehicle ment of this Act, on the amount of a pay- icaid program’’ means the program of med- has been sentenced to jail and four ment for the State related to the Medicare ical assistance established under title XIX of program liability as a result of the Special lives were lost as a result of the acci- the Social Security Act (42 U.S.C. 1396a et Disability Workload project, subject to the dent. seq.) and includes medical assistance pro- requirements of subsection (c). vided under any waiver of that program ap- Some other similar accidents involv- (b) PAYMENTS.— proved under section 1115 or 1915 of such Act ing truck drivers that have occurred in (1) DEADLINE FOR MAKING PAYMENTS.—Not (42 U.S.C. 1315, 1396n) or otherwise. later than 30 days after reaching an agree- recent years include: in October 2008, (3) MEDICARE PROGRAM.—The term ‘‘Medi- ment with a State under subsection (a), the Kane County, IL, a truck driver rear- care program’’ means the program estab- Secretary shall pay the State, from the ended a passenger vehicle killing a lished under title XVIII of the Social Secu- amounts appropriated under paragraph (2), woman. The truck driver was indicted rity Act (42 U.S.C. 1395 et seq.). the payment agreed to for the State. for reckless homicide and driving (4) SECRETARY.—The term ‘‘Secretary’’ (2) APPROPRIATION.—Out of any money in means the Secretary of Health and Human under the influence of narcotics. the Treasury not otherwise appropriated, Services. there is appropriated $4,000,000,000 for fiscal In January 2008, in Franklin County, (5) SDW CASE.—The term ‘‘SDW case’’ year 2010 for making payments to States AL, a truck driver was arrested for means a case in the Special Disability Work- under paragraph (1). being under the influence of drugs or load project involving an individual deter- (3) LIMITATIONS.—In no case may the ag- alcohol after crossing the center line mined by the Commissioner to have been eli- gregate amount of payments made by the gible for benefits under title II of the Social and killing a woman in a head-on acci- Secretary to States under paragraph (1) ex- Security Act (42 U.S.C. 401 et seq.) for a pe- dent. ceed $4,000,000,000. (c) REQUIREMENTS.—The requirements of riod during which such benefits were not pro- In July 2007, in Little Rock, AR, a this subsection are the following: vided to the individual and who was, during truck driver killed a family of five in a (1) FEDERAL DATA USED TO DETERMINE all or part of such period, enrolled in a State crash. The driver admitted smoking Medicaid program. AMOUNT OF PAYMENTS.—The amount of the crack cocaine a few hours before the (6) SPECIAL DISABILITY WORKLOAD payment under subsection (a) for each State crash. is determined on the basis of the most recent PROJECT.—The term ‘‘Special Disability Federal data available, including the use of Workload project’’ means the project de- In May 2007, Centre County, PA, a proxies and reasonable estimates as nec- scribed in the 2008 Annual Report of the truck driver ran over a car killing a essary, for determining expeditiously the Board of Trustees of the Federal Old-Age and woman. The driver faces charges in- amount of the payment that shall be made Survivors Insurance and Federal Disability cluding homicide by vehicle while driv- to each State that enters into an agreement Insurance Trust Funds, H.R. Doc. No. 110-104, ing under the influence of suspected 110th Cong. (2008). under this section. The payment method- methamphetamines. ology shall consider the following factors: (7) STATE.—The term ‘‘State’’ means each (A) The number of SDW cases found to of the 50 States and the District of Columbia. While drug abuse among the at least have been eligible for benefits under the 3.4 million truck drivers in the indus- Medicare program and the month of the ini- By Mr. PRYOR (for himself, Ms. try is estimated by FMCSA to only tial Medicare program eligibility for such SNOWE, Mr. NELSON, of Ne- represent 2 to 5 percent of the entire cases. braska, and Mr. WICKER): truck driving workforce, that still rep- (B) The applicable non-Federal share of ex- S. 1113. A bill to amend title 49, resents roughly 68,000 truck drivers penditures made by a State under the Med- United States Code, to direct the Sec- that have a drug or alcohol abuse prob- icaid program during the time period for retary of Transportation to establish lem. That is a high and unacceptable SDW cases. and maintain a national clearinghouse risk that needs to be addressed in a se- (C) Such other factors as the Secretary and for records related to alcohol and con- rious fashion. Our goal is to prevent ac- the Commissioner, in consultation with the trolled substances testing of commer- States, determine appropriate. cidents of this nature, and I would like cial motor vehicle operators, and for (2) CONDITIONS FOR PAYMENTS.—A State to briefly explain how we intend to do other purposes; to the Committee on shall not receive a payment under this sec- so. tion unless the State— Commerce, Science, and Transpor- (A) waives the right to file a civil action tation. Our bill will establish within the (or to be a party to any action) in any Fed- Mr. PRYOR. Mr. President, I rise FMCSA a national drug and alcohol eral or State court in which the relief sought today to introduce legislation with database and clearinghouse listing includes a payment from the United States Senators SNOWE, NELSON of Nebraska, positive alcohol and drug test results to the State related to the Medicare liability and WICKER. The legislation that we or test refusals by commercial truck under title XVIII of the Social Security Act are introducing today is aptly named and bus drivers. The bill will expand (42 U.S.C. 1395 et seq.) as a result of the Spe- The Safe Roads Act of 2009, as it will go current drug and alcohol testing regu- cial Disability Workload project; and lations to require Medical Review Offi- (B) releases the United States from any a long way toward improving the safe- further claims for reimbursement of State ty of our Nation’s roads by closing cers, MROs, and other FMCSA-ap- expenditures as a result of the Special Dis- loopholes that have allowed commer- proved agents conducting already-re- ability Workload project (other than reim- cial truck and bus drivers to use and quired testing to report positive test bursements being made under agreements in abuse drugs and continue to drive with- results and test refusals to the FMCSA effect on the date of enactment of this Act as out receiving required treatment nec- drug and alcohol clearinghouse. Em- a result of such project, including payments essary to return to duty. The bill is de- ployers seeking new employees would made pursuant to agreements entered into signed to save lives by preventing un- then be required to not only follow the under section 1616 of the Social Security Act laws already in place for testing pro- or section 211(1)(1)(A) of Public Law 93–66). necessary deaths on our Nation’s roads. (3) NO INDIVIDUAL STATE CLAIMS DATA RE- Nearly every day Americans can open spective employees, but they would QUIRED.—No State shall be required to sub- their newspapers to learn about a also be required to examine the pro- mit individual claims evidencing payment death caused by drivers under the in- spective employees’ record in the under the Medicaid program as a condition fluence of drugs and alcohol. Some- FMCSA clearinghouse to determine if for receiving a payment under this section. times, these drivers are behind the the prospective employee has recently (4) INELIGIBLE STATES.—No State that is a wheel of an 18-wheeler or a commercial failed or refused to take a drug and al- party to a civil action in any Federal or bus, which due to their size and weight cohol test. If the prospective employee State court in which the relief sought in- bring a destructive force on any road. has a positive test result or test refusal cludes a payment from the United States to the State related to the Medicare liability On May 8th of this year, the Arkansas in the clearinghouse, an employer under title XVIII of the Social Security Act Democrat Gazette reported about a would not be allowed to hire the pro- (42 U.S.C. 1395 et seq.) as a result of the Spe- commercial bus driver involved in an spective employee unless it can be cial Disability Workload project shall be eli- accident on Interstate 40 near Forrest proven that he or she has not violated

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5729 the requirements of the testing pro- By Mr. DURBIN (for himself and physician through the medical home is gram, or that he or she has fully com- Mr. BURR): associated with earlier and more accu- pleted a return-to-duty program as re- S. 1114. A bill to establish a dem- rate diagnoses, fewer emergency room quired by the testing program. onstration project to provide for pa- visits, fewer hospitalizations, lower There are major loopholes that exist tient-centered medical homes to im- costs, better care, and increased pa- today in the current drug and alcohol prove the effectiveness and efficiency tient satisfaction. Many studies con- testing regime. Drivers have a tend- in providing medical assistance under clude that having both health insur- ency to ‘‘job-hop’’ after failing drug the Medicaid program and child health ance and a medical home leads to im- and alcohol tests, moving from one assistance under the State Children’s proved overall health for the entire company to another without reporting Health Insurance Program; to the Com- population, which brings down the cost past drug and alcohol test failures. mittee on Finance. of care and reduces health care dispari- Some States have since closed this Mr. DURBIN. Mr. President, I rise to ties. loophole by establishing clearing- introduce legislation with Senator The bill that Senator BURR and I in- houses similar to our proposal, but not BURR to help States improve quality troduce today would make it easier for all States have these laws, and they do and reduce the costs of health care for other States to implement a medical not do anything to prevent drivers Medicaid and CHIP enrollees. The Med- home model, much like Illinois and with past drug and alcohol test failures ical Homes Act would create a pilot North Carolina have. Congress passed a from moving State-to-State to seek project in Medicaid and the State Chil- medical home demonstration project and gain employment. Our legislation dren’s Health Insurance Program to en- for Medicare last year. The Medical would go to considerable lengths in courage hospitals and health clinics to Homes Act of 2009 would do this for closing both of these well-known and create a medical home for the low-in- Medicaid and SCHIP beneficiaries by well-reported loopholes. Our bill would come people they serve. making Federal funding available for a also provide extensive privacy protec- Those of us who have a medical home demonstration project in 8 States to tion for individuals whose data is col- take it for granted. We see the same provide care through patient-centered lected at the clearinghouse or accessed doctor, in the same setting, for ex- medical homes. from the clearinghouse. The bill would tended periods of time. Our medical The approach we propose requires a provide individuals with the means to history is in one place, and even if we per-member, per-month care manage- challenge records in the clearinghouse are seeing specialists or different doc- ment fee to help pay for participating and rights of actions against those who tors in the same practice, there is con- doctors and provides initial start-up misuse information contained in the tinuity in decisions about our health funding for participating states. The clearinghouse or accessed from the care. start-up funds are used for the pur- clearinghouse. But many people do not have this chase of health information tech- The Government Accountability Of- luxury. Think about people who move nology, primary care case managers, fice, GAO, and the FMCSA have ac- from place to place whose home lives and other uses appropriate for the de- knowledged these loopholes. Both have are less than stable, who do not have livery of patient-centered care. published reports describing a national health insurance, whose medical care is This is a critical time in our country clearinghouse as a feasible, cost-effec- sporadic. For these members of our We have a President who wants health tive measure to address this problem community, each visit to a clinic or an care reform. We have a Congress ready and improve highway safety. In addi- emergency room means starting over to act. We have an historic level of co- tion, a clearinghouse is something that again. operation among stakeholders. Unlike Congress has examined since imple- Everyone should have access to a the last time, there is substantial menting drug and alcohol testing re- medical home, but it requires some agreement this time among insurers, quirements in 1995. In 1999, Congress re- changes in behavior and expectations employers, consumers and lawmakers quired the FMCSA to evaluate the via- and, perhaps most importantly, it re- on the need for change and the broad bility of a national clearinghouse data- quires a commitment by local pro- outlines of reform. Change will only base for positive test results and test viders to work together. The medical happen if everyone—doctors, patients, refusals, and in 2004 the results of their home model makes sense for improving insurance companies, everyone—work study supported a need for such a sys- health care for everyone. And it is a with each other, not against each tem and revealed the safety benefits model of care that makes sense for other. The specifics of the reform pack- that would come from it. As recently stretching our limited Federal health age still have to be worked out—and as last year, the GAO released a report care dollars. that will be difficult. But there is to Congress titled ‘Motor Carrier Safe- States like Illinois and North Caro- broad agreement that we must do a ty: Improvements to Drug Testing Pro- lina are already seeing progress with better job of delivering health care, not grams Could Better Identify Illegal implementing the medical home model. just treatment for illness. Drug Users and Keep Them off the Illinois Health Connect is a new pro- If patients, provider, payers, and the Road’ that recommended the establish- gram at the Illinois Department of government continue to work together ment of a national database and clear- Healthcare and Family Services that to create a system that values the pa- inghouse of drivers who have tested uses the medical home model to deliver tient more than payments and the positive or refused to test. There is a primary and preventive care for chil- health outcome of the patient more clear need to close these well-known dren and adults covered through the than the number of patients seen, we loopholes, and I believe our bill goes a All Kids program. This emphasis on co- can really change the way primary long way in that direction. ordinated and ongoing care is leading care is provided. I urge my colleagues It is my hope that Congress will sup- to better health outcomes, and it is to support the Medical Homes Act of port this legislation and move forward saving money. 2009 and help stabilize health care de- quickly to enact this legislation. I be- Community Care of North Carolina livery for low-income Americans. lieve it is an imperative step to en- launched a medical home model in 1998, Mr. President, I ask unanimous con- hance drug and alcohol testing require- through nine physician-led networks. sent that the text of the bill be printed ments and improve pre-employment North Carolina started by creating in the RECORD. background reviews to reduce the num- medical homes for 250,000 Medicaid en- There being no objection, the text of ber of accidents and needless deaths re- rollees. Today, it is a state-wide pro- the bill was ordered to be printed in sulting from drivers that are under the gram that has saved the State at least the RECORD, as follows: influence of these types of substances. $60 million in Medicaid costs in 2003 S. 1114 I want to thank Senators SNOWE, and $120 million in 2004. Be it enacted by the Senate and House of Rep- NELSON of Nebraska, and WICKER for Cost savings is not the only benefit. resentatives of the United States of America in their hard work, leadership and sup- Several studies show that the medical Congress assembled, port on this very important safety home approach improves quality of SECTION 1. SHORT TITLE. issue, and I urge the rest of my col- care. Early analyses are finding that This Act may be cited as the ‘‘Medical leagues to support its swift passage. having regular access to a particular Homes Act of 2009’’.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5730 CONGRESSIONAL RECORD — SENATE May 20, 2009 SEC. 2. FINDINGS. primary care provider and the major medical guidelines to the identified needs of indi- Congress finds the following: specialties and ancillary services in the re- vidual beneficiaries over time and with the (1) Medical homes provide patient-centered gion. intensity needed by such beneficiaries; care, leading to better health outcomes and (2) HEALTH CENTER.—The term ‘‘health cen- (II) assists in the early identification of greater patient satisfaction. A growing body ter’’ has the meaning given that term in sec- health care needs; of research supports the need to involve pation 330(a) of the Public Health Service Act (III) provides ongoing primary care; tients and their families in their own health (42 U.S.C. 254b(a)). (IV) coordinates with a broad range of care decisions, to better inform them of their (3) MEDICAID.—The term ‘‘Medicaid’’ means other specialty, ancillary, and related serv- treatment options, and to improve their ac- the program for medical assistance estab- ices; and cess to information. lished under title XIX of the Social Security (V) provides health care services and con- (2) Medical homes help patients better Act (42 U.S.C. 1396 et seq.). sultations in a culturally and linguistically manage chronic diseases and maintain basic (4) MEDICAL MANAGEMENT COMMITTEE.—The appropriate manner, as well as at a time and preventive care, resulting in better health term ‘‘medical management committee’’ location that is convenient to the patient. outcomes than those who lack medical means a group of practitioners that— (iv) PROVIDING ONGOING ASSISTANCE AND EN- homes. An investigation of the Chronic Care (A) provides services in the community in COURAGEMENT IN PATIENT SELF-MANAGE- Model discovered that the medical home re- which the practice or health center is lo- MENT.—Whether the practice or health cen- duced the risk of cardiovascular disease in cated; ter— diabetes patients, helped congestive heart (B) reviews evidence-based practice guide- (I) collaborates with targeted beneficiaries failure patients become more knowledgeable lines; who receive care through the practice or and stay on recommended therapy, and in- (C) selects targeted disease and care proc- health center to pursue their goals for opti- creased the likelihood that asthma and dia- esses that address health conditions in the mal achievable health; betes patients would receive appropriate community (as identified in the National or (II) assesses patient-specific barriers; and therapy. State health assessment or as outlined in (III) conducts activities to support patient (3) Medical homes also reduce disparities ‘‘Healthy People 2010’’, or any subsequent self-management. in access to care. A survey conducted by the similar report (as determined by the Sec- (v) RESOURCES TO MANAGE CARE.—Whether Commonwealth Fund found that 74 percent retary)); the practice or health center has in place the of adults with a medical home have reliable (D) defines programs to target disease and resources and processes necessary to achieve access to the care they need, compared with care processes; improvements in the management and co- only 52 percent of adults with a regular pro- (E) establishes standards and measures for ordination of care for targeted beneficiaries vider that is not a medical home and 38 per- patient-centered medical homes, taking into who receive care through the practice or cent of adults without any regular source of account nationally-developed standards and health center. care or provider. measures; and (vi) MONITORING PERFORMANCE.—Whether (4) Medical homes reduce racial and ethnic (F) makes the determination described in the practice or health center— differences in access to medical care. Three- subparagraph (A)(iii) of paragraph (5), taking (I) monitors its clinical process and per- fourths of Caucasians, African Americans, into account the considerations under sub- formance (including process and outcome and Hispanics with medical homes report paragraph (B) of such paragraph. measures) in meeting the applicable stand- getting care when they need it. (5) PATIENT-CENTERED MEDICAL HOME.— ards under paragraph (4)(E); and (5) Medical homes reduce duplicative (A) IN GENERAL.—The term ‘‘patient-cen- (II) provides information in a form and health services and inappropriate emergency tered medical home’’ means a physician-di- manner specified by the steering committee room use. In 1998, North Carolina launched rected practice or a health center that— and medical management committee with the Community Care of North Carolina (i) incorporates the attributes of the care respect to such process and performance. (CCNC) program, which employs the medical management model described in paragraph (6) PERSONAL PRIMARY CARE PROVIDER.— home concept. Presently, CCNC has devel- (1); The term ‘‘personal primary care provider’’ oped 14 regional networks that include all of (ii) voluntarily participates in an inde- means— the Federally qualified health centers in the pendent evaluation process whereby primary (A) a physician, nurse practitioner, or State and cover 740,000 recipients. An anal- care providers submit information to the other qualified health care provider (as de- ysis conducted by Mercer Human Resources medical management committee of the rel- termined by the Secretary), who— Consulting Group found that CCNC resulted evant network; (i) practices in a patient-centered medical in $244,000,000 in savings to the Medicaid pro- (iii) the medical management committee home; and gram in 2004, with similar results in 2005 and determines has the capability to achieve im- (ii) has been trained to provide first con- 2006. provements in the management and coordi- tact, continuous, and comprehensive care for (6) Health information technology is a cru- nation of care for targeted beneficiaries (as the whole person, not limited to a specific cial foundation for medical homes. While defined by statewide quality improvement disease condition or organ system, including many doctors’ offices use electronic health standards and outcomes); and care for all types of health conditions (such records for billing or other administrative (iv) meets the requirements imposed on a as acute care, chronic care, and preventive functions, few practices utilize health infor- covered entity for purposes of applying part services); or mation technology systematically to meas- C of title XI of the Social Security Act (42 (B) a health center that— ure and improve the quality of care they pro- U.S.C. 1320d et seq.) and all regulatory provi- (i) is a patient-centered medical home; and vide. For example, electronic health records sions promulgated thereunder, including reg- (ii) has providers on staff that have re- can generate reports to ensure that all pa- ulations (relating to privacy) adopted pursu- ceived the training described in subpara- tients with chronic conditions receive rec- ant to the authority of the Secretary under graph (A)(ii). ommended tests and are on target to meet section 264(c) of the Health Insurance Port- (7) PRIMARY CARE CASE MANAGEMENT SERV- their treatment goals. Computerized order- ability and Accountability Act of 1996 (42 ICES; PRIMARY CARE CASE MANAGER.—The ing systems, particularly with decision-sup- U.S.C. 1320d–2 note). terms ‘‘primary care case management serv- port tools, can prevent medical and medica- (B) CONSIDERATIONS.—In making the deter- ices’’ and ‘‘primary care case manager’’ have tion errors, while e-mail and interactive mination under subparagraph (A)(iii), the the meaning given those terms in section Internet websites can facilitate communica- medical management committee shall con- 1905(t) of the Social Security Act (42 U.S.C. tion between patients and providers and im- sider the following: 1396d(t)). prove patient education. (i) ACCESS AND COMMUNICATION WITH PA- (8) PROJECT.—The term ‘‘project’’ means SEC. 3. MEDICAID AND CHIP DEMONSTRATION TIENTS.—Whether the practice or health cen- the demonstration project established under PROJECT TO SUPPORT PATIENT- ter applies both standards for access to care this section. CENTERED PRIMARY CARE. for, and standards for communication with, (9) CHIP.—The term ‘‘CHIP’’ means the (a) DEFINITIONS.—In this section: targeted beneficiaries who receive care State Children’s Health Insurance Program (1) CARE MANAGEMENT MODEL.—The term through the practice or health center. established under title XXI of the Social Se- ‘‘care management model’’ means a model (ii) MANAGING PATIENT INFORMATION AND curity Act (42 U.S.C. 1396aa et seq.). that— USING INFORMATION MANAGEMENT TO SUPPORT (10) SECRETARY.—The term ‘‘Secretary’’ (A) uses health information technology PATIENT CARE.—Whether the practice or means the Secretary of Health and Human and other innovations such as the chronic health center has readily accessible, clini- Services. care model, to improve the management and cally useful information on such bene- (11) STEERING COMMITTEE.—The term coordination of care provided to patients; ficiaries that enables the practice or health ‘‘steering committee’’ means a local man- (B) is centered on the relationship between center to provide comprehensive and system- agement group comprised of collaborating a patient and their personal primary care atic treatment. local health care practitioners or a local not- provider; (iii) MANAGING AND COORDINATING CARE AC- for-profit network of health care practi- (C) seeks guidance from— CORDING TO INDIVIDUAL NEEDS.—Whether the tioners— (i) a steering committee; and practice or health center— (A) that implements State-level initia- (ii) a medical management committee; and (I) maintains continuous relationships tives; (D) has established, where practicable, ef- with such beneficiaries by implementing evi- (B) that develops local improvement initia- fective referral relationships between the dence-based guidelines and applying such tives;

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5731 (C) whose mission is to— is conducted if the Secretary determines (III) A network of physician practices and (i) investigate questions related to commu- such funds are necessary to ensure continued health centers that have volunteered to par- nity-based practice; and participation in the project by the State. ticipate as patient-centered medical homes (ii) improve the quality of primary care; Grant funds awarded under this clause shall to provide high-quality care, focusing on pre- and be used by a participating State to assist in ventive care, at the appropriate time and (D) whose membership— making the payments described in paragraph place and in a cost-effective manner. (i) represents the health care delivery sys- (B). To the extent a State uses such grant (IV) Hospitals and local public health de- tem of the community it serves; and funds for such purpose, no matching pay- partments that will work in cooperation (ii) includes physicians (with an emphasis ment may be made to the State for the pay- with the network of patient-centered med- on primary care physicians) and at least 1 ments made with such funds under section ical homes to coordinate and provide health representative from each part of the collabo- 1903(a) or 2105(a) of the Social Security Act care. rative or network (such as a representative (42 U.S.C. 1396b(a); 1397ee(a)). (V) Primary care case managers to assist from a health center, a representative from (B) ADDITIONAL PAYMENTS TO PERSONAL PRI- with care coordination. the health department, a representative MARY CARE PROVIDERS AND STEERING COMMIT- (VI) Health information technology to fa- from social services, and a representative TEES.— cilitate the provision and coordination of from each public and private hospital in the (i) PAYMENTS TO PERSONAL PRIMARY CARE health care by network participants. collaborative or the network). PROVIDERS.— (ii) MULTIPLE LOCATIONS IN THE STATE.—In (12) TARGETED BENEFICIARY.— (I) IN GENERAL.—Subject to subsection the case where a State operates a patient- (A) IN GENERAL.—The term ‘‘targeted bene- (d)(6)(B), a State participating in the project centered medical home program in 2 or more ficiary’’ means an individual who is eligible shall pay a personal primary care provider areas in the State, the program in each of for benefits under a State plan under Med- not less than $2.50 per month per targeted those areas shall include the elements de- icaid or a State child health plan under beneficiary assigned to the personal primary scribed in clause (i). CHIP. care provider, regardless of whether the pro- (B) OPTIONAL ELEMENTS.—Such program (B) PARTICIPATION IN PATIENT-CENTERED vider saw the targeted beneficiary that may include a non-profit organization that— MEDICAL HOME.—Individuals who are eligible month. (i) includes a steering committee and a for benefits under Medicaid or CHIP in a (II) FEDERAL MATCHING PAYMENT.—Subject State that has been selected to participate in medical management committee; and to subparagraph (A)(ii), amounts paid to a (ii) manages the payments to steering com- the project shall receive care through a pa- personal primary care provider under sub- tient-centered medical home when available. mittees described in subsection (c)(3)(B)(ii). clause (I) shall be considered medical assist- (3) GOALS.—Such program shall be de- (C) ENSURING CHOICE.—In the case of such ance or child health assistance for purposes an individual who receives care through a signed— of section 1903(a) or 2105(a), respectively, of (A) to increase— patient-centered medical home, the indi- the Social Security Act (42 U.S.C. 1396b(a); vidual shall receive guidance from their per- (i) cost efficiencies of health care delivery; 1397ee(a)). (ii) access to appropriate health care serv- sonal primary care provider on appropriate (III) PATIENT POPULATION.—In determining referrals to other health care professionals ices, especially wellness and prevention care, the amount of payment to a personal pri- at times convenient for patients; in the context of shared decision-making. mary care provider per month with respect (b) ESTABLISHMENT.—The Secretary shall (iii) patient satisfaction; to targeted beneficiaries under this clause, a establish a demonstration project under (iv) communication among primary care State participating in the project shall take Medicaid and CHIP for the implementation providers, hospitals, and other health care into account the care needs of such targeted of a patient-centered medical home program providers; beneficiaries. that meets the requirements of subsection (v) school attendance; and (ii) PAYMENTS TO STEERING COMMITTEES.— (d) to improve the effectiveness and effi- (vi) the quality of health care services (as (I) IN GENERAL.—Subject to subsection ciency in providing medical assistance under determined by the relevant steering com- (d)(6)(B), a State participating in the project Medicaid and CHIP to an estimated 500,000 to mittee and medical management committee, shall pay a steering committee not less than 1,000,000 targeted beneficiaries. taking into account nationally developed $2.50 per targeted beneficiary per month. (c) PROJECT DESIGN.— standards and measures); and (II) FEDERAL MATCHING PAYMENT.—Subject (1) DURATION.—The project shall be con- (B) to decrease— to subparagraph (A)(ii), amounts paid to a ducted for a 3-year period, beginning not (i) inappropriate emergency room utiliza- later than [October 1, 2011]. steering committee under subclause (I) shall be considered medical assistance or child tion, which can be accomplished through ini- (2) SITES.— tiatives, such as expanded hours of care (A) IN GENERAL.—The project shall be con- health assistance for purposes of section 1903(a) or 2105(a), respectively, of the Social throughout the program network; ducted in 8 States— (ii) avoidable hospitalizations; and (i) four of which already provide medical Security Act (42 U.S.C. 1396b(a); 1397ee(a)). (III) USE OF FUNDS.—Amounts paid to a (iii) duplication of health care services pro- assistance under Medicaid for primary care vided. case management services as of the date of steering committee under subclause (I) shall (4) PAYMENT.—Under the program, pay- enactment of this Act; and be used (in accordance with any applicable Medicaid requirements) to purchase health ment shall be provided to personal primary (ii) four of which do not provide such med- care providers and steering committees (in ical assistance. information technology, pay primary care accordance with subsection (c)(3)(B)). (B) APPLICATION.—A State seeking to par- case managers, support network initiatives, (5) NOTIFICATION.—The State shall notify ticipate in the project shall submit an appli- and for such other uses as the steering com- individuals enrolled in Medicaid or CHIP cation to the Secretary at such time, in such mittee determines appropriate. about— manner, and containing such information as (4) TECHNICAL ASSISTANCE.—The Secretary (A) the patient-centered medical home pro- the Secretary may require. shall make available technical assistance to gram; (C) SELECTION.—In selecting States to par- States, physician practices, and health cen- (B) the providers participating in such pro- ticipate in the project, the Secretary shall ters participating in the project during the gram; and ensure that urban, rural, and underserved duration of the project. (C) the benefits of such program. areas are served by the project. (5) BEST PRACTICES INFORMATION.—The Sec- (6) TREATMENT OF STATES WITH A MANAGED (3) GRANTS AND PAYMENTS.— retary shall collect and make available to CARE CONTRACT.— (A) DEVELOPMENT GRANTS.— States participating in the project informa- (A) IN GENERAL.—In the case where a State (i) FIRST YEAR DEVELOPMENT GRANTS.—The tion on best practices for patient-centered Secretary shall award development grants to medical homes. contracts with a private entity to manage parts of the State Medicaid program, the States participating in the project during (d) PATIENT-CENTERED MEDICAL HOME PRO- State shall— the first year the project is conducted. GRAM.— (i) ensure that the private entity follows Grants awarded under this clause shall be (1) IN GENERAL.—For purposes of this sec- used by a participating State to— tion, a patient-centered medical home pro- the care management model; and (I) assist with the development of steering gram meets the requirements of this sub- (ii) establish a medical management com- committees, medical management commit- section if, under such program, targeted mittee and a steering committee in the com- tees, and local networks of health care pro- beneficiaries have access to a personal pri- munity. viders; and mary care provider in a patient-centered (B) ADJUSTMENT OF PAYMENT AMOUNTS.— (II) facilitate coordination with local com- medical home as their source of first con- The State may adjust the amount of pay- munities to be better prepared and posi- tact, comprehensive, and coordinated care ments made under (c)(3)(B), taking into con- tioned to understand and meet the needs of for the whole person. sideration the management role carried out by the private entity described in subpara- the communities served by patient-centered (2) ELEMENTS.— graph (A) and the cost effectiveness provided medical homes. (A) MANDATORY ELEMENTS.— by such entity in certain areas, such as (ii) SECOND YEAR FUNDING.—The Secretary (i) IN GENERAL.—Such program shall in- shall award additional grant funds to States clude the following elements: health information technology. that received a development grant under (I) A steering committee. (e) EVALUATION AND PROJECT REPORT.— clause (i) during the second year the project (II) A medical management committee. (1) IN GENERAL.—

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(A) EVALUATION.—The Secretary, in con- posed by Mr. REID to the bill H.R. 2346, supra; tended to be proposed by him to the bill H.R. sultation with appropriate health care pro- which was ordered to lie on the table. 2346, supra; which was ordered to lie on the fessional associations, shall evaluate the SA 1152. Mrs. FEINSTEIN submitted an table. project in order to determine the effective- amendment intended to be proposed by her SA 1173. Mr. CORKER (for himself, Mr. ness of patient-centered medical homes in to the bill H.R. 2346, supra; which was or- GRAHAM, Mr. LIEBERMAN, Mr. LUGAR, Mr. terms of quality improvement, patient and dered to lie on the table. ISAKSON, Ms. COLLINS, and Mr. BENNETT) sub- provider satisfaction, and the improvement SA 1153. Mrs. MURRAY submitted an mitted an amendment intended to be proof health outcomes. amendment intended to be proposed by her posed by him to the bill H.R. 2346, supra. (B) PROJECT REPORT.—Not later than 12 to the bill H.R. 2346, supra; which was or- SA 1174. Mrs. HUTCHISON submitted an months after completion of the project, the dered to lie on the table. amendment intended to be proposed by her Secretary shall submit to Congress a report SA 1154. Mr. WEBB submitted an amend- to the bill H.R. 2346, supra; which was or- on the project containing the results of the ment intended to be proposed by him to the dered to lie on the table. evaluation conducted under subparagraph bill H.R. 2346, supra; which was ordered to lie SA 1175. Mrs. HUTCHISON submitted an (A). Such report shall include— on the table. amendment intended to be proposed by her (i) an assessment of the differences, if any, SA 1155. Mr. NELSON, of Florida (for him- to the bill H.R. 2346, supra; which was or- between the quality of the care provided self and Ms. LANDRIEU) submitted an amend- dered to lie on the table. through the patient-centered medical home ment intended to be proposed by him to the SA 1176. Mrs. HUTCHISON submitted an program conducted under the project in the bill H.R. 2346, supra; which was ordered to lie amendment intended to be proposed by her States that provided medical assistance for on the table. to the bill H.R. 2346, supra; which was or- SA 1156. Mr. LIEBERMAN (for himself, Mr. primary care case management services and dered to lie on the table. GRAHAM, Mr. BEGICH, Mr. THUNE, Mr. BURRIS, SA 1177. Ms. LANDRIEU (for herself and those that did not; Mr. BENNETT, and Mr. CORNYN) submitted an Mr. HARKIN) submitted an amendment in- (ii) an assessment of quality improvements amendment intended to be proposed by him tended to be proposed by her to the bill H.R. and clinical outcomes as a result of such pro- to the bill H.R. 2346, supra. 2346, supra; which was ordered to lie on the gram; SA 1157. Mr. LIEBERMAN (for himself and table. (iii) estimates of cost savings resulting Mr. GRAHAM) submitted an amendment in- SA 1178. Mr. CARDIN submitted an amend- from such program; and tended to be proposed by him to the bill H.R. ment intended to be proposed by him to the (iv) recommendations for such legislation 2346, supra. bill H.R. 2346, supra; which was ordered to lie and administrative action as the Secretary SA 1158. Mrs. HUTCHISON (for herself and on the table. determines to be appropriate. Mrs. FEINSTEIN) submitted an amendment in- SA 1179. Mr. KAUFMAN (for himself, Mr. (2) SENSE OF THE SENATE.—It is the sense of tended to be proposed by her to the bill H.R. LUGAR, and Mr. REED) submitted an amend- the Senate that titles XIX and XXI of the 2346, supra; which was ordered to lie on the ment intended to be proposed by him to the Social Security Act (42 U.S.C. 1396 et seq.; table. bill H.R. 2346, supra. 1397aa et seq.) should be amended, based on SA 1159. Mr. McCAIN (for himself, Mr. SA 1180. Ms. LANDRIEU submitted an the results of the evaluation and report LUGAR, and Mr. LIEBERMAN) submitted an amendment intended to be proposed by her under paragraph (1), to establish a patient- amendment intended to be proposed by him to the bill H.R. 2346, supra; which was or- centered medical home program under such to the bill H.R. 2346, supra; which was ordered to lie on the table. titles on a permanent basis. dered to lie on the table. SA 1181. Mrs. LINCOLN (for herself and Mr. (f) WAIVER.— SA 1160. Mr. HARKIN submitted an amend- PRYOR) submitted an amendment intended to (1) IN GENERAL.—Subject to paragraph (2), ment intended to be proposed by him to the be proposed by her to the bill H.R. 2346, the Secretary shall waive compliance with bill H.R. 2346, supra; which was ordered to lie supra. such requirements of titles XI, XIX, and XXI on the table. SA 1182. Mr. MENENDEZ submitted an of the Social Security Act (42 U.S.C. 1301 et SA 1161. Mr. BROWN submitted an amend- amendment intended to be proposed by him seq.; 1396 et seq.; 1397aa et seq.) to the extent ment intended to be proposed by him to the to the bill H.R. 2346, supra; which was or- and for the period the Secretary finds nec- bill H.R. 2346, supra. dered to lie on the table. essary to conduct the project. SA 1162. Mr. GREGG submitted an amend- SA 1183. Ms. LANDRIEU (for herself and (2) LIMITATION.—In no case shall the Sec- ment intended to be proposed by him to the Mr. VITTER) submitted an amendment in- retary waive compliance with the require- bill H.R. 2346, supra; which was ordered to lie tended to be proposed by her to the bill H.R. ments of subsections (a)(10)(A), (a)(15), and on the table. 2346, supra; which was ordered to lie on the (bb) of section 1902 of the Social Security Act SA 1163. Mr. GREGG submitted an amend- table. (42 U.S.C. 1396a) under paragraph (1), to the ment intended to be proposed by him to the SA 1184. Mr. BINGAMAN submitted an extent that such requirements require the bill H.R. 2346, supra; which was ordered to lie amendment intended to be proposed by him provision of and reimbursement for services on the table. to the bill H.R. 2346, supra; which was or- described in section 1905(a)(2)(C) of such Act SA 1164. Mr. ISAKSON (for himself, Mr. dered to lie on the table. (42 U.S.C. 1396d(a)(2)(C)). CHAMBLISS, Mr. DODD, and Mr. LIEBERMAN) SA 1185. Mr. MERKLEY (for himself and f submitted an amendment intended to be pro- Mr. WHITEHOUSE) submitted an amendment posed by him to the bill H.R. 2346, supra. intended to be proposed by him to the bill AMENDMENTS SUBMITTED AND SA 1165. Mrs. GILLIBRAND submitted an H.R. 2346, supra. PROPOSED amendment intended to be proposed by her SA 1186. Mr. BURR submitted an amend- to the bill H.R. 2346, supra; which was or- ment intended to be proposed by him to the SA 1145. Mr. KYL submitted an amend- dered to lie on the table. bill H.R. 2346, supra; which was ordered to lie ment intended to be proposed by him to the SA 1166. Mr. LAUTENBERG (for himself on the table. bill H.R. 2346, making supplemental appro- and Ms. SNOWE) submitted an amendment in- SA 1187. Mr. WYDEN (for himself, Ms. priations for the fiscal year ending Sep- tended to be proposed by him to the bill H.R. KLOBUCHAR, Mr. GRASSLEY, Mr. ROBERTS, and tember 30, 2009, and for other purposes; which 2346, supra; which was ordered to lie on the Mr. SHELBY) submitted an amendment in- was ordered to lie on the table. SA 1146. Mr. KYL submitted an amend- table. tended to be proposed by him to the bill H.R. ment intended to be proposed by him to the SA 1167. Mr. BENNET (for himself, Mr. 2346, supra; which was ordered to lie on the bill H.R. 2346, supra; which was ordered to lie CASEY, and Mr. JOHANNS) submitted an table. on the table . amendment intended to be proposed by him SA 1188. Mr. MCCAIN (for himself, Mr. SA 1147. Mr. KYL (for himself and Mr. to the bill H.R. 2346, supra. LIEBERMAN, Mr. LUGAR, and Mr. BROWNBACK) LIEBERMAN) submitted an amendment in- SA 1168. Mr. LEAHY submitted an amend- submitted an amendment intended to be pro- tended to be proposed by him to the bill H.R. ment intended to be proposed by him to the posed by him to the bill H.R. 2346, supra. 2346, supra. bill H.R. 2346, supra; which was ordered to lie SA 1189. Mrs. HUTCHISON (for herself, Mr. SA 1148. Mr. KYL (for himself, Mr. VITTER, on the table. BROWN, Mrs. MCCASKILL, Mr. MENENDEZ, Ms. and Mr. SESSIONS) submitted an amendment SA 1169. Mr. LEAHY (for himself, Mr. MIKULSKI, Mr. COCHRAN, Mr. BOND, and Mr. intended to be proposed by him to the bill BROWN, and Mr. CASEY) submitted an amend- LAUTENBERG) submitted an amendment in- H.R. 2346, supra; which was ordered to lie on ment intended to be proposed by him to the tended to be proposed by her to the bill H.R. the table. bill H.R. 2346, supra; which was ordered to lie 2346, supra. SA 1149. Mr. GRAHAM (for himself and Mr. on the table. SA 1190. Mr. REID (for Mr. KENNEDY (for LIEBERMAN) submitted an amendment in- SA 1170. Mr. LEAHY submitted an amend- himself and Mr. CARDIN)) submitted an tended to be proposed by him to the bill H.R. ment intended to be proposed by him to the amendment intended to be proposed by Mr. 2346, supra; which was ordered to lie on the bill H.R. 2346, supra; which was ordered to lie REID to the bill H.R. 2346, supra; which was table. on the table. ordered to lie on the table. SA 1150. Mr. REID (for Mr. KENNEDY) sub- SA 1171. Mr. LEAHY submitted an amend- SA 1191. Mr. LEAHY (for himself and Mr. mitted an amendment intended to be pro- ment intended to be proposed by him to the KERRY) submitted an amendment intended posed by Mr. REID to the bill H.R. 2346, supra; bill H.R. 2346, supra; which was ordered to lie to be proposed by him to the bill H.R. 2346, which was ordered to lie on the table. on the table. supra. SA 1151. Mr. REID (for Mr. KENNEDY) sub- SA 1172. Mr. VITTER (for himself and Ms. SA 1192. Mr. COBURN (for himself and Mr. mitted an amendment intended to be pro- LANDRIEU) submitted an amendment in- DEMINT) submitted an amendment intended

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5733 to be proposed by him to the bill H.R. 2346, At the appropriate place, insert the fol- SA 1148. Mr. KYL (for himself, Mr. supra; which was ordered to lie on the table. lowing: VITTER, and Mr. SESSIONS) submitted SA 1193. Mr. COBURN submitted an SEC. ll. (a) REPORT ON INTERNATIONAL FI- an amendment intended to be proposed amendment intended to be proposed by him NANCIAL INSTITUTION LOANS TO THE ISLAMIC by him to the bill H.R. 2346, making to the bill H.R. 2346, supra; which was or- REPUBLIC OF IRAN.—Not later than 90 days dered to lie on the table. supplemental appropriations for the after the date of the enactment of this Act, fiscal year ending September 30, 2009, SA 1194. Mr. COBURN submitted an and every 90 days thereafter, the Secretary amendment intended to be proposed by him of the Treasury shall submit to the Com- and for other purposes; which was or- to the bill H.R. 2346, supra; which was or- mittee on Foreign Relations of the Senate dered to lie on the table; as follows: dered to lie on the table. and the Committee on Financial Services of On page 31, between lines 3 and 4, insert SA 1195. Mr. CORNYN submitted an the House of Representatives, and post on the following: amendment intended to be proposed by him the website of the Department of the Treas- SEC. 315. Congress makes the following to the bill H.R. 2346, supra; which was or- ury, a report— findings: dered to lie on the table. (1) assessing the compliance of each United (1) Congress is grateful for the service and SA 1196. Ms. STABENOW submitted an States Executive Director of an inter- leadership of the members of the bipartisan amendment intended to be proposed by her national financial institution with the re- Congressional Commission on the Strategic to the bill H.R. 2346, supra; which was or- quirement under section 1621(a) of the Inter- Posture of the United States, who, pursuant dered to lie on the table. national Financial Institutions Act (22 to section 1062 of the National Defense Au- SA 1197. Mr. LEVIN submitted an amend- U.S.C. 262p–4q(a)) that the Director oppose thorization Act for Fiscal Year 2008 (Public ment intended to be proposed by him to the any loan or other use of funds by the institu- Law 110–181; 122 Stat. 319), spent more than a bill H.R. 2346, supra; which was ordered to lie tion for the Islamic Republic of Iran; year examining the Nation’s strategic pos- on the table. (2) assessing the progress made by each ture in all of its aspects: deterrence strategy, SA 1198. Mr. LUGAR (for himself and Mr. such Director in opposing such loans and arms control initiatives, and nonprolifera- LEAHY) submitted an amendment intended to other uses of funds; tion strategies. be proposed by him to the bill H.R. 2346, (3) assessing the compliance of the United (2) The Commission, comprised of some of supra; which was ordered to lie on the table. States Executive Directors of the Inter- this country’s most preeminent scholars and SA 1199. Mr. DURBIN proposed an amend- national Development Association and the technical experts in the subject matter, ment to amendment SA 1136 proposed by Mr. International Bank for Reconstruction and found a bipartisan consensus on these issues MCCONNELL to the bill H.R. 2346, supra. Development with the requirement under in its Final Report made public on May 6, SA 1200. Mr. REID (for Mrs. HUTCHISON) such section 1621(a) with respect to the de- 2009. proposed an amendment to the bill S. 614, to velopment of a new World Bank country as- (3) Congress appreciates the service of award a Congressional Gold Medal to the sistance strategy for the Islamic Republic of former Secretary of Defense William Perry, Women Airforce Service Pilots (‘‘WASP’’). Iran; and former Secretary of Defense and Secretary of SA 1201. Mr. REID proposed an amendment (4) describing the efforts of the Secretary Energy James Schlesinger, former Senator to amendment SA 1167 submitted by Mr. to halt the disbursement of any such loan or John Glenn, former Congressman Lee Ham- BENNET (for himself, Mr. CASEY, and Mr. other use of funds from such an institution ilton, Ambassador James Woolsey, Doctors JOHANNS) to the bill H.R. 2346, making sup- for the Islamic Republic of Iran that has al- John Foster, Fred Ikle, Keith Payne, Morton plemental appropriations for the fiscal year ready been approved by the institution. Halperin, Ellen Williams, Bruce Tarter, and ending September 30, 2009, and for other pur- Harry Cartland, and the United States Insti- (b) SUNSET.—Subsection (a) shall termi- poses. nate on the day on which the President cer- tute of Peace. f tifies to Congress that the Islamic Republic (4) Congress values the work of the Com- mission and pledges to work with President TEXT OF AMENDMENTS of Iran has halted all uranium enrichment activities. Barack Obama to address the findings and SA 1145. Mr. KYL submitted an implement the recommendations of the Com- mission. amendment intended to be proposed by SA 1147. Mr. KYL (for himself and him to the bill H.R. 2346, making sup- Mr. LIEBERMAN) submitted an amend- SA 1149. Mr. GRAHAM (for himself plemental appropriations for the fiscal ment intended to be proposed by him and Mr. LIEBERMAN) submitted an year ending September 30, 2009, and for to the bill H.R. 2346, making supple- amendment intended to be proposed by other purposes; which was ordered to mental appropriations for the fiscal him to the bill H.R. 2346, making sup- lie on the table; as follows: year ending September 30, 2009, and for plemental appropriations for the fiscal On page 97, between lines 11 and 12, insert other purposes; as follows: year ending September 30, 2009, and for the following: At the end of title IV, add the following: other purposes; which was ordered to REPORT ON DAMAGE TO PROJECTS AND lie on the table; as follows: PROHIBITION ON USE OF FUNDS FOR THE STRA- PROGRAMS IN GAZA CAUSED BY HAMAS TEGIC PETROLEUM RESERVE FOR PERSONS At the appropriate place, insert the fol- SEC. 1121. (a) Not later than 45 days after THAT HAVE ENGAGED IN CERTAIN ACTIVITIES lowing: the date of the enactment of this Act, the WITH RESPECT TO THE ISLAMIC REPUBLIC OF SEC. l. RELEASE OR TRANSFER OF COVERED IN- Secretary of State shall submit a report to DIVIDUALS. IRAN the Committee detailing assessed damages (a) COVERED INDIVIDUAL DEFINED.—In this to United States Government-funded SEC. 410. None of the funds made available section, the term ‘‘covered individual’’ projects and programs in Gaza caused when by this title or any other appropriations Act means any individual who— Hamas broke the ceasefire with Israel from for the Strategic Petroleum Reserve may be (1) has ever been determined by a Combat- December 2008 to January 2009. made available to any person that has, dur- ant Status Review Tribunal to be an enemy (b) The report required under subsection ing the 3-year period ending on the date of combatant (pursuant to the definition em- (a) shall include— the enactment of this Act— ployed by that tribunal) or is awaiting the (1) an estimate of the amounts expended on (1) sold refined petroleum products valued determination of such a tribunal; such programs and projects and the esti- at $1,000,000 or more to the Islamic Republic (2) is in the custody of the United States at mated costs for repair or rehabilitation; of Iran; Guantanamo Bay, Cuba on or after the date (2) a description of the assessed damages to (2) engaged in an activity valued at of enactment of this Act; and United Nations facilities in Gaza caused dur- $1,000,000 or more that could contribute to (3) is not a citizen of the United States or ing such period and, to the extent known, enhancing the ability of Iran to import rean alien admitted for permanent residence in the party responsible for such damage; and fined petroleum products, including— the United States. (3) a determination whether such projects (A) providing ships or shipping services to (b) COVERED INDIVIDUALS ORDERED RE- or programs were being used by Hamas for deliver refined petroleum products to the Is- LEASED.— any activity by the organization, including lamic Republic of Iran; (1) IN GENERAL.—No court shall order the launching rockets, sheltering Hamas terror- (B) underwriting or otherwise providing in- release of a covered individual into the ists, and storing ammunition and other ma- surance or reinsurance for such an activity; United States. teriel. or (2) VISAS AND IMMIGRATION.—The Secretary (C) financing or brokering such an activ- of State may not issue any visa, and the Sec- SA 1146. Mr. KYL submitted an ity; or retary of Homeland Security may not admit amendment intended to be proposed by (3) sold, leased, or otherwise provided to or provide any type of status, to a covered him to the bill H.R. 2346, making sup- the Islamic Republic of Iran any goods, serv- individual that permits the covered indi- ices, or technology valued at $1,000,000 or plemental appropriations for the fiscal vidual to enter into, or be admitted to, the more that could contribute to the mainte- United States. year ending September 30, 2009, and for nance or expansion of the capacity of the Is- (c) TRANSFER.— other purposes; which was ordered to lamic Republic of Iran to produce refined pe- (1) IN GENERAL.—If a covered individual is lie on the table; as follows: troleum products. no longer held by the United States as an

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5734 CONGRESSIONAL RECORD — SENATE May 20, 2009 enemy combatant, the covered individual supplemental appropriations for the ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC shall be released into the custody of the Sec- fiscal year ending September 30, 2009, COUNCIL.—The North Pacific Council may retary of Homeland Security, who shall and for other purposes; which was or- recommend for approval by the Secretary transfer the individual to the covered indi- dered to lie on the table; as follows: such conservation and management meas- vidual’s country of nationality or to another ures, including size limits and measures to country. On page 39, after line 23, add the following: control fishing capacity, in accordance with (2) HOUSING.—An individual in the custody AMENDMENT TO ENERGY POLICY ACT OF 1992 the Magnuson-Stevens Act as it considers of the Secretary of Homeland Security pur- SEC. 410. Section 106(a)(2)(C) of the Energy necessary to ensure that this subsection does suant to paragraph (1) shall be housed sepa- Policy Act of 1992 (12 U.S.C. 1701z-16(a)(2)(C)) not diminish the effectiveness of fishery rately from aliens detained as enemy com- is amended— management plans of the Bering Sea and batants by the Department of Defense in a (1) in clause (i), by striking ‘‘section Aleutian Islands Management Area or the manner consistent with the safety and secu- 203(b)(2)(A)) of the National Housing Act (12 Gulf of Alaska. rity of United States personnel. U.S.C. 1709(b)(2)(A)’’ and inserting ‘‘section ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF (3) TRANSFER.—Transfers made pursuant to 203(b)(2)(A)(i)) of the National Housing Act CERTAIN VESSELS.— paragraph (1) shall be carried out as expedi- (12 U.S.C. 1709(b)(2)(A)(i))’’; and ‘‘(A) IN GENERAL.—Notwithstanding the re- tiously as possible and in a manner that is (2) in clause (ii), by striking ‘‘section quirements of subsections (b)(2), (c)(1), and consistent with— 203(b)(2)(B)’’ and inserting ‘‘section (c)(2) of section 12113 of title 46, United (A) the policy set out in section 2242 of the 203(b)(2)(A)(ii)’’. States Code, a vessel that is eligible under Foreign Relations Authorization Act, Fiscal subsection (a), (b), (c), (d), or (e) (other than Years 1998 and 1999 (8 U.S.C. 1231 note); and SA 1153. Mrs. MURRAY submitted an paragraph (21)) and that qualifies to be documented with a fishery endorsement pursuant (B) the national security interests of the amendment intended to be proposed by United States. to section 203(g) or 213(g) may be replaced her to the bill H.R. 2346, making sup- with a replacement vessel under paragraph plemental appropriations for the fiscal SA 1150. Mr. REID (for Mr. KENNEDY) (1) if the vessel that is replaced is validly submitted an amendment intended to year ending September 30, 2009, and for documented with a fishery endorsement pursuant to section 203(g) or 213(g) before the re- be proposed by Mr. REID to the bill other purposes; which was ordered to lie on the table; as follows: placement vessel is documented with a fish- H.R. 2346, making supplemental appro- ery endorsement under section 12113 of title At the appropriate place, insert the fol- priations for the fiscal year ending 46, United States Code. lowing: September 30, 2009, and for other pur- ‘‘(B) APPLICABILITY.—A replacement vessel poses; which was ordered to lie on the SEC. ll. VESSEL SIZE LIMITS FOR FISHERY EN- under subparagraph (A) and its owner and DORSEMENTS. table; as follows: mortgagee are subject to the same limita- (a) LENGTH, TONNAGE, AND HORSEPOWER.— tions under section 203(g) or 213(g) that are At the end of title III, insert the following: Section 12113(d)(2) of title 46, United States applicable to the vessel that has been re- SEC. 315. (a)(1) The amount appropriated or Code, is amended— placed and its owner and mortgagee. otherwise made available by this title under (1) in subparagraph (A)— ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER the heading ‘‘RESEARCH, DEVELOPMENT, TEST (A) in clause (i), by adding ‘‘and’’ at the VESSELS.— AND EVALUATION, DEFENSE-WIDE’’ is hereby end; ‘‘(A) IN GENERAL.—A replacement for a cov- increased by $32,000,000. (B) in clause (ii) by striking ‘‘and’’ at the ered vessel described in subparagraph (B) is (2) Of the amount appropriated or other- end; and prohibited from harvesting fish in any fish- wise made available by this title under the (C) by striking clause (iii); ery (except for the Pacific whiting fishery) heading ‘‘RESEARCH, DEVELOPMENT, TEST AND (2) in subparagraph (B), by striking the pe- managed under the authority of any regional EVALUATION, DEFENSE-WIDE’’, as increased by riod at the end and inserting ‘‘; or’’; and fishery management council (other than the paragraph (1), $32,000,000 shall be available (3) by adding at the end the following: North Pacific Council) established under sec- for an MQ–9 with an integrated DB–110 pod- ‘‘(C) the vessel is either a rebuilt vessel or tion 302(a) of the Magnuson-Stevens Act. ded reconnaissance system. a replacement vessel under section 208(g) of ‘‘(B) COVERED VESSELS.—A covered vessel (b) The amount appropriated or otherwise the American Fisheries Act (title II of divi- referred to in subparagraph (A) is— made available by this title under the head- sion C of Public Law 105–277; 112 Stat. 2681– ‘‘(i) a vessel eligible under subsection (a), ing ‘‘AIRCRAFT PROCUREMENT, AIR FORCE’’ is 627) and is eligible for a fishery endorsement (b), or (c) that is replaced under paragraph hereby reduced by $32,000,000. under this section.’’. (1); or (b) CONFORMING AMENDMENTS.— ‘‘(ii) a vessel eligible under subsection (a), SA 1151. Mr. REID (for Mr. KENNEDY) (1) VESSEL REBUILDING AND REPLACEMENT.— (b), or (c) that is rebuilt to increase its reg- submitted an amendment intended to Subsection (g) of section 208 of the American istered length, gross tonnage, or shaft horse- be proposed by Mr. REID to the bill Fisheries Act (title II of division C of Public power. H.R. 2346, making supplemental appro- Law 105–277; 112 Stat. 2681–627) is amended to ‘‘(5) LIMITATION ON FISHERY ENDORSE- priations for the fiscal year ending read as follows: MENTS.—Any vessel that is replaced under September 30, 2009, and for other pur- ‘‘(g) VESSEL REBUILDING AND REPLACE- this subsection shall thereafter not be eligi- poses; which was ordered to lie on the MENT.— ble for a fishery endorsement under section ‘‘(1) IN GENERAL.— 12113 of title 46, United States Code, unless table; as follows: ‘‘(A) REBUILD OR REPLACE.—Notwith- that vessel is also a replacement vessel de- On page 31, between lines 3 and 4, insert standing any limitation to the contrary on scribed in paragraph (1). the following: replacing, rebuilding, or lengthening vessels ‘‘(6) GULF OF ALASKA LIMITATION.—Notwith- SEC. 315. (a) Of the amounts appropriated or transferring permits or licenses to a re- standing paragraph (1), the Secretary shall or otherwise made available by title III of placement vessel contained in sections 679.2 prohibit from participation in the groundfish the Department of Defense Appropriations and 679.4 of title 50, Code of Federal Regula- fisheries of the Gulf of Alaska any vessel Act, 2009 (division C of Public Law 110–329) tions, as in effect on the date of enactment that is rebuilt or replaced under this sub- under the heading ‘‘RESEARCH, DEVELOP- of this subsection and except as provided in section and that exceeds the maximum MENT, TEST AND EVALUATION, ARMY’’ for the paragraph (4), the owner of a vessel eligible length overall specified on the license that Landmine Warfare and Barrier (PE 0603619A) under subsection (a), (b), (c), (d), or (e) (other authorizes fishing for groundfish pursuant to that remain available for obligation as of the than paragraph (21)), in order to improve ves- the license limitation program under part date of the enactment of this Act, $10,000,000 sel safety and operational efficiencies (in- 679 of title 50, Code of Federal Regulations, shall be transferred to ‘‘RESEARCH, DEVELOP- cluding fuel efficiency), may rebuild or re- as in effect on the date of enactment of this MENT, TEST AND EVALUATION, DEFENSE-WIDE’’ place that vessel (including fuel efficiency) subsection. and made available for Combating Terrorism with a vessel documented with a fishery en- ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Noth- Technical Support (PE 0603122D8Z). dorsement under section 12113 of title 46, ing in this section shall be construed to di- (b) Amounts transferred to ‘‘RESEARCH, DE- United States Code. minish or otherwise affect the authority of VELOPMENT, TEST AND EVALUATION, DEFENSE- ‘‘(B) SAME REQUIREMENTS.—The rebuilt or the Pacific Council to recommend to the WIDE’’ under subsection (a) shall be merged replacement vessel shall be eligible in the Secretary conservation and management with amounts under such heading, and shall same manner and subject to the same re- measures to protect fisheries under its juris- be made available for the purposes set forth strictions and limitations under such sub- diction (including the Pacific whiting fish- in such subsection, and subject to the same section as the vessel being rebuilt or re- ery) and participants in such fisheries from conditions and limitations, as amounts ap- placed. adverse impacts caused by this Act.’’. propriated or otherwise made available ‘‘(C) TRANSFER OF PERMITS AND LICENSES.— (2) EXEMPTION OF CERTAIN VESSELS.—Sec- under such heading for such purposes. Each fishing permit and license held by the tion 203(g) of the American Fisheries Act owner of a vessel or vessels to be rebuilt or (title II of division C of Public Law 105–277; SA 1152. Mrs. FEINSTEIN submitted replaced under subparagraph (A) shall be 112 Stat. 2681–620) is amended— an amendment intended to be proposed transferred to the rebuilt or replacement (A) by inserting ‘‘and’’ after ‘‘(United by her to the bill H.R. 2346, making vessel. States official number 651041)’’;

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5735 (B) by striking ‘‘, NORTHERN TRAVELER LIMITATIONS ON PAKISTAN ASSISTANCE SA 1156. Mr. LIEBERMAN (for him- (United States official number 635986), and SEC. 1121. (a) None of the funds appro- self, Mr. GRAHAM, Mr. BEGICH, Mr. NORTHERN VOYAGER (United States offi- priated or otherwise made available by this THUNE, Mr. BURRIS, Mr. BENNETT, and cial number 637398) (or a replacement vessel Act may be obligated or expended to provide for the NORTHERN VOYAGER that com- Mr. CORNYN) submitted an amendment assistance to Pakistan unless the President intended to be proposed by him to the plies with paragraphs (2), (5), and (6) of sec- first certifies to the appropriate congres- tion 208(g) of this Act)’’; and sional committees that all measures have bill H.R. 2346, making supplemental ap- (C) by striking ‘‘, in the case of the been and will be taken to ensure that none of propriations for the fiscal year ending NORTHERN’’ and all that follows through such obligated or expended funds are used— September 30, 2009, and for other pur- ‘‘PHOENIX,’’. (1) to support, expand, or in any way assist poses; as follows: (3) FISHERY COOPERATIVE EXIT PROVISIONS.— in the development or deployment of the nu- At the end of title III, add the following: Section 210(b) of the American Fisheries Act clear weapons program of the Government of SEC. 315. (a) INCREASE IN FISCAL YEAR 2009 (title II of division C of Public Law 105–277; Pakistan; or AUTHORIZED END STRENGTH FOR ARMY ACTIVE 112 Stat. 2681–629) is amended— (2) to support programs or purposes for DUTY PERSONNEL.—Paragraph (1) of section (A) by moving the matter beginning with which such funds have not been specifically 401 of the Duncan Hunter National Defense ‘‘the Secretary shall’’ in paragraph (1) 2 ems appropriated by this Act. Authorization Act for Fiscal Year 2009 (Pub- to the right; and (b)(1) Not later than 90 days after the date lic Law 110–417; 122 Stat. 4428) is amended to (B) by adding at the end the following: of the enactment of this Act, and every 90 read as follows: ‘‘(7) FISHERY COOPERATIVE EXIT PROVI- days thereafter, the President shall submit ‘‘(1) The Army, 547,400.’’. SIONS.— to the appropriate congressional committees (b) INCREASE IN PERMANENT ACTIVE DUTY ‘‘(A) FISHING ALLOWANCE DETERMINATION.— a report— END STRENGTH MINIMUM LEVEL FOR ARMY For purposes of determining the aggregate (A) certifying whether or not any funds ap- PERSONNEL.—Paragraph (1) of section 691 of percentage of directed fishing allowances propriated or otherwise made available by title 10, United States Code, is amended to under paragraph (1), when a catcher vessel is this Act and obligated or expended during read as follows: removed from the directed pollock fishery, the reporting period to provide assistance to the fishery allowance for pollock for the ves- ‘‘(1) For the Army, 547,400.’’. Pakistan were used for the purposes de- (c) FUNDING.— sel being removed— scribed in paragraphs (1) and (2) of sub- (1) MILITARY PERSONNEL, ARMY.—The ‘‘(i) shall be based on the catch history de- section (a); and termination for the vessel made pursuant to amount appropriated by this title under the (B) describing the measures taken during section 679.62 of title 50, Code of Federal Reg- heading ‘‘MILITARY PERSONNEL, ARMY’’ is such reporting period to ensure that no obli- ulations, as in effect on the date of enact- hereby increased by $200,000,000, with the gated or expended funds were used for such ment of this paragraph; and amount of such increase to be available for purposes. ‘‘(ii) shall be assigned, for all purposes purposes of costs of personnel in connection (2) Each report submitted under paragraph with personnel of the Army on active duty in under this title, in the manner specified by (1) shall be submitted in unclassified form, the owner of the vessel being removed to any excess of 547,400 personnel of the Army. but may include a classified annex. (2) OPERATION AND MAINTENANCE, ARMY.— other catcher vessel or among other catcher (c) In this section, the term ‘‘appropriate vessels participating in the fishery coopera- The amount appropriated by this title under congressional committees’’ means— the heading ‘‘OPERATION AND MAINTENANCE, tive if such vessel or vessels remain in the (1) the Committees on Armed Services, fishery cooperative for at least one year ARMY’’ is hereby increased by $200,000,000, Foreign Relations, and Appropriations of the with the amount of such increase to be avail- after the date on which the vessel being re- Senate; and moved leaves the directed pollock fishery. able for purposes of costs of operation and (2) the Committees on Armed Services, maintenance in connection with personnel of ‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE- Foreign Affairs, and Appropriations of the the Army on active duty in excess of 547,400 MENT.—Except as provided in subparagraph House of Representatives. (C), a vessel that is removed pursuant to this personnel of the Army. (3) LIMITATION ON AVAILABILITY.—Amounts paragraph shall be permanently ineligible SA 1155. Mr. NELSON of Florida (for for a fishery endorsement, and any claim (in- appropriated by paragraphs (1) and (2) shall himself and Ms. LANDRIEU) submitted be available only for the purposes specified cluding relating to catch history) associated an amendment intended to be proposed with such vessel that could qualify any in such paragraph. owner of such vessel for any permit to par- by him to the bill H.R. 2346, making (4) EMERGENCY REQUIREMENT.—For pur- ticipate in any fishery within the exclusive supplemental appropriations for the poses of Senate enforcement, the amounts economic zone of the United States shall be fiscal year ending September 30, 2009, appropriated by paragraphs (1) and (2) are extinguished, unless such removed vessel is and for other purposes; which was or- designated as an emergency requirement and thereafter designated to replace a vessel to dered to lie on the table; as follows: necessary to meet emergency needs pursuant be removed pursuant to this paragraph. to section 403 of S. Con Res. 13 (111th Con- On page 44, between lines 14 and 15, insert gress), the concurrent resolution on the ‘‘(C) LIMITATIONS ON STATUTORY CONSTRUC- the following: budget for fiscal year 2010. TION.—Nothing in this paragraph shall be CONSUMER PRODUCT SAFETY COMMISSION construed— ‘‘(i) to make the vessels AJ (United States For an additional amount for the Con- SA 1157. Mr. LIEBERMAN (for him- official number 905625), DONA MARTITA sumer Product Safety Commission, self and Mr. GRAHAM) submitted an (United States official number 651751), NOR- $2,000,000, to remain available until ex- amendment intended to be proposed by DIC EXPLORER (United States official num- pended, to investigate the public health and him to the bill S. 2346, making supple- ber 678234), and PROVIDIAN (United States environmental impacts of drywall products mental appropriations for the fiscal official number 1062183) ineligible for a fish- imported from the People’s Republic of China: Provided, That of the funds provided year ending September 30, 2009, and for ery endorsement or any permit necessary to other purposes; as follows: participate in any fishery under the author- under this heading, not less than $1,500,000 At the appropriate place, insert the fol- ity of the New England Fishery Management shall be expended to analyze such drywall lowing: Council or the Mid-Atlantic Fishery Manage- products: Provided further, That of the funds ment Council established, respectively, provided under this heading, not less than SEC. lll. DETAINEE PHOTOGRAPHIC RECORDS under subparagraphs (A) and (B) of section $105,000 shall be expended to carry out a cam- PROTECTION. 302(a)(1) of the Magnuson-Stevens Act; or paign to educate the general public about (a) SHORT TITLE.—This section may be ‘‘(ii) to allow the vessels referred to in the public health and environmental impacts cited as the ‘‘Detainee Photographic Records clause (i) to participate in any fishery under of defective drywall products: Provided fur- Protection Act of 2009’’. the authority of the Councils referred to in ther, That the Commission shall, not later (b) DEFINITIONS.—In this section: clause (i) in any manner that is not con- than 60 days after the date of the enactment (1) COVERED RECORD.—The term ‘‘covered sistent with the fishery management plan of this Act, submit to the Committee on Ap- record’’ means any record— for the fishery developed by the Councils propriations of the Senate and the Com- (A) that is a photograph relating to the under section 303 of the Magnuson-Stevens mittee on Appropriations of the House of treatment of individuals engaged, captured, Act.’’. Representatives a report specifying the find- or detained after September 11, 2001, by the ings of the investigation required under this Armed Forces of the United States in oper- SA 1154. Mr. WEBB submitted an heading and outlining the progress made in ations outside of the United States; and amendment intended to be proposed by that investigation: Provided further, That for (B) for which a certification by the Sec- him to the bill H.R. 2346, making sup- purposes of Senate enforcement, the amount retary of Defense under subsection (c) is in under this heading is designated as an emer- effect. plemental appropriations for the fiscal gency requirement and necessary to meet (2) PHOTOGRAPH.—The term ‘‘photograph’’ year ending September 30, 2009, and for emergency needs pursuant to section 403 of encompasses all photographic images, other purposes; which was ordered to S. Con. Res. 13 (111th Congress), the concur- whether originals or copies, including still lie on the table; as follows: rent resolution on the budget for fiscal year photographs, negatives, digital images, At the end of title XI, insert the following: 2010. films, video tapes, and motion pictures.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5736 CONGRESSIONAL RECORD — SENATE May 20, 2009 (c) CERTIFICATION.— increase to be available for assistance for him to the bill H.R. 2346, making sup- (1) IN GENERAL.—For any photograph de- Georgia. plemental appropriations for the fiscal scribed under subsection (b)(1)(A), the Sec- (b) SOURCE OF FUNDS.—The amount of the year ending September 30, 2009, and for retary of Defense shall submit a certifi- increase in subsection (a) shall be derived from amounts appropriated or otherwise other purposes; which was ordered to cation, in classified form to the extent ap- lie on the table; as follows: propriate, to the President, if the Secretary made available by this title, other than of Defense, in consultation with the Chair- amounts under the heading ‘‘Europe, Eurasia On page 97, line 11, insert after the period: man of the Joint Chiefs of Staff, determines and Central Asia’’ and available for assist- CONTINGENCIES that the disclosure of that photograph would ance for Georgia. SEC. ll. During fiscal years 2009 and 2010, endanger— the President may use up to $100,000,000 (A) citizens of the United States; or SA 1160. Mr. HARKIN submitted an under the authority of section 451 of the For- (B) members of the Armed Forces or em- amendment intended to be proposed by eign Assistance Act of 1961, notwithstanding ployees of the United States Government de- him to the bill H.R. 2346, making sup- the funding ceiling in section 451(a): Pro- ployed outside the United States. plemental appropriations for the fiscal vided, That when relying on the authority of (2) CERTIFICATION EXPIRATION.—A certifi- year ending September 30, 2009, and for section 451 of the Foreign Assistance Act cation submitted under paragraph (1) and a other purposes; which was ordered to during such fiscal years, the Millennium renewal of a certification submitted under lie on the table; as follows: Challenge Act of 2003 (22 U.S.C. 7701 et seq) shall be deemed a provision of the Foreign paragraph (2) shall expire 5 years after the On page 106, between lines 14 and 15, insert date on which the certification or renewal, Assistance Act of 1961 for the purpose of pro- the following: viding for unanticipated contingenies. as the case may be, is submitted to the SEC. 1303. (a) EFFORTS TO REDUCE THE President. WORST FORMS OF CHILD LABOR.—The Sec- SA 1164. Mr. ISAKSON (for himself, (3) CERTIFICATION RENEWAL.—The Sec- retary of the Treasury shall instruct the Mr. CHAMBLISS, Mr. DODD, and Mr. retary of Defense may submit to the Presi- United States Executive Director of the dent— International Monetary Fund to promote LIEBERMAN) submitted an amendment (A) a renewal of a certification in accord- policies and practices to reduce the worst intended to be proposed by him to the ance with paragraph (1) at any time; and forms of child labor (as defined in section bill H.R. 2346, making supplemental ap- (B) more than 1 renewal of a certification. 507(6) of the Trade Act of 1974 (19 U.S.C. propriations for the fiscal year ending (d) NONDISCLOSURE OF DETAINEE 2467(6))) through education and other means, September 30, 2009, and for other pur- RECORDS.—A covered record shall not be sub- such as promoting the need for members of poses; as follows: ject to— the Fund to develop and implement national At the end of title V, insert the following: (1) disclosure under section 552 of title 5, action plans to combat the worst forms of United States Code (commonly referred to as child labor. SEC. 504. CREDIT FOR CERTAIN HOME PUR- CHASES. the Freedom of Information Act); or (b) REPORT.—Not later than one year after (a) ELIMINATION OF FIRST-TIME HOMEBUYER (2) disclosure under any proceeding under the date of the enactment of this Act, the REQUIREMENT.— Secretary of the Treasury shall submit to that section. (1) IN GENERAL.—Subsection (a) of section FFECTIVE DATE.—This section shall the Committee on Foreign Relations and the (e) E 36 of the Internal Revenue Code of 1986 is Committee on Appropriations of the Senate take effect on the date of enactment of this amended by striking ‘‘who is a first-time Act and apply to any photograph created be- and the Committee on Financial Services and the Committee on Appropriations of the homebuyer of a principal residence’’ and in- fore, on, or after that date that is a covered serting ‘‘who purchases a principal resi- record. House of Representatives a report describing the efforts of the International Monetary dence’’. (2) CONFORMING AMENDMENTS.— SA 1158. Mrs. HUTCHISON (for her- Fund to reduce the worst forms of child labor. (A) Subsection (c) of section 36 of such self and Mrs. FEINSTEIN) submitted an Code is amended by striking paragraph (1) amendment intended to be proposed by SA 1161. Mr. BROWN submitted an and by redesignating paragraphs (2), (3), (4), her to the bill S. 2346, making supple- amendment intended to be proposed by and (5) as paragraphs (1), (2), (3), and (4), respectively. mental appropriations for the fiscal him to the bill H.R. 2346, making sup- year ending September 30, 2009, and for (B) Section 36 of such Code is amended by plemental appropriations for the fiscal striking ‘‘FIRST-TIME HOMEBUYER CRED- other purposes; which was ordered to year ending September 30, 2009, and for lie on the table; as follows: IT’’ in the heading and inserting ‘‘HOME other purposes; as follows: PURCHASE CREDIT’’. At the appropriate place, insert the fol- On page 106, between lines 14 and 15, insert (C) The table of sections for subpart C of lowing: the following: part IV of subchapter A of chapter 1 of such SEC. ll. EXTENSION OF FEDERAL REIMBURSE- SEC. 1303. (a) EXEMPTION OF CERTAIN GOV- Code is amended by striking the item relat- MENT OF EMERGENCY HEALTH ERNMENT SPENDING FROM INTERNATIONAL ing to section 36 and inserting the following SERVICES FURNISHED TO UNDOCU- MONETARY FUND RESTRICTIONS.—The Sec- new item: MENTED ALIENS. retary of the Treasury shall instruct the (a) IN GENERAL.—Section 1011(a)(1) of the ‘‘Sec. 36. Home purchase credit.’’. Medicare Prescription Drug, Improvement, United States Executive Director of the (D) Subparagraph (W) of section 26(b)(2) of International Monetary Fund to oppose any and Modernization Act of 2003 (42 U.S.C. such Code is amended by striking ‘‘home- loan, project, agreement, memorandum, in- 1395dd note) is amended by striking ‘‘2008’’ buyer credit’’ and inserting ‘‘home purchase strument, plan, or other program of the and inserting ‘‘2009’’. credit’’. Fund that does not exempt spending on (b) EMERGENCY DESIGNATION.—For purposes (b) ELIMINATION OF RECAPTURE EXCEPT FOR of Senate enforcement, the amount made health care, education, food aid, and other HOMES SOLD WITHIN 3 YEARS.—Subsection (f) available for fiscal year 2009 under section critical safety net programs by the govern- of section 36 of the Internal Revenue Code of ments of heavily indebted poor countries 1011(a)(1) of the Medicare Prescription Drug, 1986 is amended to read as follows: from national budget caps or restraints, hir- Improvement, and Modernization Act of 2003 ‘‘(f) RECAPTURE OF CREDIT IN THE CASE OF ing or wage bill ceilings, or other limits on (42 U.S.C. 1395dd note), as amended by this CERTAIN DISPOSITIONS.— government spending sought by the Fund. section, is designated as an emergency re- ‘‘(1) IN GENERAL.—In the event that a tax- (b) CONFORMING REPEAL.—Section 7030 of payer— quirement and necessary to meet emergency the Omnibus Appropriations Act, 2009 (Pub- needs pursuant to section 403 of S. Con Res. ‘‘(A) disposes of the principal residence lic Law 111–8; 123 Stat. 874) is amended by with respect to which a credit was allowed 13 (111th Congress), the concurrent resolu- striking subsection (c) and redesignating tion on the budget for fiscal year 2010. under subsection (a), or subsection (d) as subsection (c). ‘‘(B) fails to occupy such residence as the taxpayer’s principal residence, SA 1159. Mr. MCCAIN (for himself, SA 1162. Mr. GREGG submitted an Mr. LUGAR, and Mr. LIEBERMAN)) sub- amendment intended to be proposed by at any time within 36 months after the date mitted an amendment intended to be on which the taxpayer purchased such resi- him to the bill H.R. 2346, making sup- dence, then the tax imposed by this chapter proposed by him to the bill S. 2346, plemental appropriations for the fiscal making supplemental appropriations for the taxable year during which such dis- year ending September 30, 2009, and for position occurred or in which the taxpayer for the fiscal year ending September 30, other purposes; which was ordered to failed to occupy the residence as a principal 2009, and for other purposes; which was lie on the table; as follows: residence shall be increased by the amount ordered to lie on the table; as follows: On page 107, line 1, strike ‘‘section’’ and in- of such credit. At the end of title XI, add the following: sert ‘‘title’’ ‘‘(2) EXCEPTIONS.— SEC. 1121. (a) ADDITIONAL AMOUNT FOR AS- On page 107, line 5, strike ‘‘Ways and ‘‘(A) DEATH OF TAXPAYER.—Paragraph (1) SISTANCE FOR GEORGIA.—The amount appro- Means’’ and insert ‘‘Financial Services’’ shall not apply to any taxable year ending priated by this title under the heading ‘‘Eu- after the date of the taxpayer’s death. rope, Eurasia and Central Asia’’ is hereby in- SA 1163. Mr. GREGG submitted an ‘‘(B) INVOLUNTARY CONVERSION.—Paragraph creased by $42,500,000, with the amount of the amendment intended to be proposed by (1) shall not apply in the case of a residence

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which is compulsorily or involuntarily con- for International Development should en- (b) SPECIAL SUPPLEMENTAL NUTRITION PRO- verted (within the meaning of section hance United States reconstruction efforts GRAM FOR WOMEN, INFANTS, AND CHILDREN.— 1033(a)) if the taxpayer acquires a new prin- in Afghanistan by— Section 17(d)(2) of the Child Nutrition Act of cipal residence within the 2-year period be- (1) identifying lessons learned from pre- 1966 (42 U.S.C. 1786(d)(2)) is amended— ginning on the date of the disposition or ces- vious United States reconstruction efforts, (1) by redesignating subparagraph (C) as sation referred to in such paragraph. Para- including in democracy and governance, pub- subparagraph (D); and graph (1) shall apply to such new principal lic administration, agriculture and rural de- (2) by inserting after subparagraph (B) the residence during the remainder of the 36- velopment, energy, justice and law enforce- following: month period described in such paragraph as ment, health care, and basic, vocational and ‘‘(C) COMBAT PAY.—For the purpose of de- if such new principal residence were the con- higher education, and developing new ap- termining income eligibility under this sec- verted residence. proaches in these areas which emphasize cation, a State agency shall exclude from in- ‘‘(C) TRANSFERS BETWEEN SPOUSES OR INCI- pacity building and support of Afghan enti- come any additional payment under chapter DENT TO DIVORCE.—In the case of a transfer of ties and institutions at the provincial and 5 of title 37, United States Code, or otherwise a residence to which section 1041(a) applies— sub-provincial levels; designated by the Secretary to be appro- ‘‘(i) paragraph (1) shall not apply to such (2) requiring civilian Provincial Recon- priate for exclusion under this subparagraph, transfer, and struction Team (PRT) leaders to have reg- that is received by or from a member of the ‘‘(ii) in the case of taxable years ending ular consultations with appropriate local United States Armed Forces deployed to a after such transfer, paragraph (1) shall apply counterparts in their respective provinces designated combat zone, if the additional to the transferee in the same manner as if and ensuring that PRT reconstruction and pay— such transferee were the transferor (and development activities support local needs in ‘‘(i) is the result of deployment to or serv- shall not apply to the transferor). a sustainable manner; and ice in a combat zone; and ‘‘(D) RELOCATION OF MEMBERS OF THE (3) directing the PRTs, as appropriate and ‘‘(ii) was not received immediately prior to ARMED FORCES.—Paragraph (1) shall not with due regard to the safety of United serving in a combat zone.’’. apply in the case of a member of the Armed States personnel, to provide a mechanism for Forces of the United States on active duty local people to lodge complaints regarding SA 1168. Mr. LEAHY submitted an who moves pursuant to a military order and corruption or other misconduct by Afghan or amendment intended to be proposed by incident to a permanent change of station. foreign officials when such complaints can- him to the bill H.R. 2346, making sup- ‘‘(3) JOINT RETURNS.—In the case of a credit not be safely and adequately lodged with plemental appropriations for the fiscal allowed under subsection (a) with respect to local law enforcement officials. year ending September 30, 2009, and for a joint return, half of such credit shall be other purposes; which was ordered to treated as having been allowed to each indi- SA 1166. Mr. LAUTENBERG (for him- vidual filing such return for purposes of this self and Ms. SNOWE) submitted an lie on the table; as follows: subsection. amendment intended to be proposed by In section 1108(a), strike ‘‘and prosecute’’ ‘‘(4) RETURN REQUIREMENT.—If the tax im- him to the bill H.R. 2346, making sup- and insert ‘‘, prosecute, and punish’’. posed by this chapter for the taxable year is plemental appropriations for the fiscal SA 1169. Mr. LEAHY (for himself, Mr. increased under this subsection, the tax- year ending September 30, 2009, and for BROWN, and Mr. CASEY) submitted an payer shall, notwithstanding section 6012, be other purposes; which was ordered to required to file a return with respect to the amendment intended to be proposed by taxes imposed under this subtitle.’’. lie on the table; as follows: him to the bill H.R. 2346, making sup- (c) EXPANSION OF APPLICATION PERIOD.— At the appropriate place, insert the fol- plemental appropriations for the fiscal lowing: Subsection (h) of section 36 of the Internal year ending September 30, 2009, and for SEC. ll. TECHNICAL CORRECTION TO STATE Revenue Code of 1986 is amended by striking other purposes; as follows: ‘‘December 1, 2009’’ and inserting ‘‘June 1, MARITIME ACADEMIES STUDENT IN- 2010’’. CENTIVE PROGRAM. At the end of title XI, add the following: (d) ELECTION TO TREAT PURCHASE IN PRIOR Section 51509(b) of title 46, United States SRI LANKA Code, is amended— YEAR.—Subsection (g) of section 36 of the In- SEC. 1121. (a) The Secretary of the Treas- ternal Revenue Code of 1986 is amended by (1) by striking ‘‘and be paid before the ury shall instruct the United States Execu- striking ‘‘December 1, 2009’’ and inserting start of each academic year, as prescribed by tive Directors of the international financial ‘‘June 1, 2010’’. the Secretary,’’; and institutions (as defined in section 1701(c)(2) (e) ELIMINATION OF INCOME LIMITATION.— (2) by striking ‘‘academy.’’ and inserting of the International Financial Institutions Subsection (b) of section 36 of the Internal ‘‘academy, as prescribed by the Secretary.’’. Act (22 U.S.C. 262r(c)(2))) to vote against any Revenue Code of 1986 is amended to read as SA 1167. Mr. BENNET (for himself, loan, agreement, or other financial support follows: for Sri Lanka, except for basic human needs, ‘‘(b) DOLLAR LIMITATION.— Mr. CASEY, and Mr. JOHANNS) sub- unless the Secretary of State certifies to the ‘‘(1) IN GENERAL.—Except as otherwise pro- mitted an amendment intended to be Committees on Appropriations that the Gov- vided in this subsection, the credit allowed proposed by him to the bill H.R. 2346, ernment of Sri Lanka is respecting the under subsection (a) shall not exceed $8,000. making supplemental appropriations rights of internally displaced persons, ac- ‘‘(2) MARRIED INDIVIDUALS FILING SEPA- for the fiscal year ending September 30, counting for persons detained in the conflict, RATELY.—In the case of a married individual 2009, and for other purposes; as follows: providing access to affected areas and popu- filing a separate return, paragraph (1) shall On page 4, between lines 2 and 3, insert the lations by humanitarian organizations and be applied by substituting ‘$4,000’ for ‘$8,000’. following: the media, and implementing policies to pro- ‘‘(3) OTHER INDIVIDUALS.—If two or more in- mote reconciliation and justice, including dividuals who are not married purchase a SEC. 103. MILITARY FAMILY NUTRITION PROTEC- TION. devolution of power to local bodies as pro- principal residence, the amount of the credit (a) CHILD NUTRITION PROGRAMS.—Section vided for in the Constitution of Sri Lanka. allowed under subsection (a) shall be allo- 9(b) of the Richard B. Russell National (b) The requirement under subsection (a) cated among such individuals in such man- School Lunch Act (42 U.S.C. 1758(b)) is shall not apply to balance of payments sup- ner as the Secretary may prescribe, except amended by adding at the end the following: port to the Central Bank of Sri Lanka if the that the total amount of the credits allowed ‘‘(14) COMBAT PAY.— Secretary of the Treasury certifies to the to all such individuals shall not exceed ‘‘(A) DEFINITION OF COMBAT PAY.—In this Committees on Appropriations that such $8,000.’’. paragraph, the term ‘combat pay’ means any payments are necessary to prevent signifi- (f) EFFECTIVE DATE.—The amendments additional payment under chapter 5 of title cant and imminent hardship among the gen- made by this section shall apply to resi- 37, United States Code, or otherwise des- eral population of Sri Lanka. dences purchased on or after the date of the ignated by the Secretary to be appropriate (c) Not later than 90 days after the date of enactment of this Act. for exclusion under this paragraph, that is the enactment of this Act, the Secretary of received by or from a member of the United State shall submit a report to the Commit- SA 1165. Mrs. GILLIBRAND sub- States Armed Forces deployed to a des- tees on Appropriations detailing incidents mitted an amendment intended to be ignated combat zone, if the additional pay— during the conflict in Sri Lanka that may proposed by her to the bill H.R. 2346, ‘‘(i) is the result of deployment to or serv- constitute violations of international hu- making supplemental appropriations ice in a combat zone; and manitarian law or crimes against humanity, for the fiscal year ending September 30, ‘‘(ii) was not received immediately prior to and, to the extent practicable, identifying the parties responsible. 2009, and for other purposes; which was serving in a combat zone. ordered to lie on the table; as follows: ‘‘(B) EXCLUSION.—Combat pay shall not be Mr. LEAHY submitted an considered to be income for the purpose of SA 1170. At the end of title XI, insert the following: determining the eligibility for free or re- amendment intended to be proposed by CIVILIAN ASSISTANCE IN AFGHANISTAN duced price meals of a child who is a member him to the bill H.R. 2346, making sup- SEC. 1121. The Secretary of State and the of the household of a member of the United plemental appropriations for the fiscal Administrator of the United States Agency States Armed Forces.’’. year ending September 30, 2009, and for

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5738 CONGRESSIONAL RECORD — SENATE May 20, 2009 other purposes; which was ordered to SEC. 1302. The Bretton Woods Agreements was approved by such Board on October 22, lie on the table; as follows: Act (22 U.S.C. 286 et seq.) is amended by add- 1997: Provided, That not more than one year ing at the end the following: after the acceptance of such amendments to On page 102, line 9, strike ‘‘In’’ and every- the Fund’s Articles of Agreement, the Sec- thing thereafter through the end of line 14 on ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE retary of the Treasury shall submit a report page 106, and insert in lieu thereof the fol- ARTICLES OF AGREEMENT OF THE FUND. to the Committee on Foreign Relations and lowing: ‘‘The United States Governor of the Fund In order to carry out the purposes of a one- the Committee on Banking, Housing, and may agree to and accept the amendments to time decision of the Executive Directors of Urban Affairs of the Senate and the Com- the Articles of Agreement of the Fund as the International Monetary Fund (the Fund) mittee on Financial Services of the House of proposed in the resolutions numbered 63–2 to expand the resources of the New Arrange- Representatives analyzing Special Drawing and 63–3 of the Board of Governors of the ments to Borrow, established pursuant to the Rights, to include a discussion of how those Fund which were approved by such Board on decision of January 27, 1997 referred to in countries that significantly use or acquire April 28, 2008 and May 5, 2008, respectively.’’ paragraph (1) above, and to make other Special Drawing Rights in accordance with amendments to the New Arrangements to ‘‘SEC. 65. QUOTA INCREASE. Article XIX, Section 2(c), use or acquire Borrow to achieve an expanded and more ‘‘(a) IN GENERAL.—The United States Gov- them; the extent to which countries experi- flexible New Arrangements to Borrow as con- ernor of the Fund may consent to an in- encing balance of payment difficulties ex- templated by paragraph 17 of the G–20 Lead- crease in the quota of the United States in change or use their Special Drawing Rights ers’ Statement of April 2, 2009 in London, the the Fund equivalent to 4,973,100,000 Special to acquire reserve currencies; and the man- Secretary of the Treasury is authorized to Drawing Rights. ner in which those reserve currencies are ac- instruct the United States Executive Direc- (b) SUBJECT TO APPROPRIATIONS.—The au- quired when utilizing Special Drawing tor to consent to such amendments notwith- thority provided by subsection (a) shall be Rights.’’ effective only to such extent or in such standing subsection (d) of this section, and Mr. LEAHY submitted an to make loans, in an amount not to exceed amounts as are provided in advance in appro- SA 1171. the dollar equivalent of 75,000,000,000 Special priations Acts.’’ amendment intended to be proposed by Drawing Rights, in addition to any amounts ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT him to the bill H.R. 2346, making sup- previously authorized under this section and OF THE FUND’S GOLD. plemental appropriations for the fiscal limited to such amounts as are provided in ‘‘(a) The Secretary of the Treasury is au- year ending September 30, 2009, and for advance in appropriations Acts, except that thorized to instruct the United States Exec- other purposes; which was ordered to prior to activation, the Secretary of the utive Director of the Fund to vote to approve lie on the table; as follows: Treasury shall report to Congress on whether the sale of up to 12,965,649 ounces of the Fund’s gold acquired since the second On page 101, line 5, strike ‘‘section 17(a)(ii) supplementary resources are needed to fore- and (b)(ii)’’ and insert ‘‘section 17(a)(2) and stall or cope with an impairment of the Amendment to the Fund’s Articles of Agree- ment, only if such sales are consistent with (b)(2)’’. international monetary system and whether On page 105, beginning on line 25, strike the guidelines agreed to by the Executive the Fund has fully explored other means of ‘‘the chairman’’ and all that follows through Board of the Fund described in the Report of funding, to the Fund under article VII, sec- ‘‘thereof,’’ on page 106, line 5, and insert ‘‘the the Managing Director to the International tion 1(i), of the Articles of Agreement of the Committee on Foreign Relations and the Monetary and Financial Committee on a Fund: Provided, That prior to instructing Committee on Banking, Housing, and Urban New Income and Expenditure Framework for the United States Executive Director to pro- Affairs of the Senate and the Committee on the International Monetary Fund (April 9, vide consent to such amendments, the Sec- Financial Services of the House of Rep- 2008) to prevent disruption to the world gold retary of the Treasury shall consult with the resentatives’’. Committee on Foreign Relations and the market: Provided, That at least 30 days prior Committee on Banking, Housing, and Urban to any such vote, the Secretary shall consult SA 1172. Mr. VITTER (for himself Affairs of the Senate and the Committee on with the Committee on Foreign Relations and Ms. LANDRIEU) submitted an Financial Services of the House of Rep- and the Committee on Banking, Housing, resentatives on the amendments to be made and Urban Affairs of the Senate and the amendment intended to be proposed by to the New Arrangements to Borrow, includ- Committee on Financial Services of the him to the bill H.R. 2346, making sup- ing guidelines and criteria governing the use House of Representatives regarding the use plemental appropriations for the fiscal of its resources; the countries that have of proceeds from the sale of such gold: Pro- year ending September 30, 2009, and for made commitments to contribute to the New vided further, That the Secretary of the other purposes; which was ordered to Arrangements to Borrow and the amount of Treasury shall seek to ensure that: lie on the table; as follows: (1) the Fund will provide support to low-in- such commitments; and the steps taken by At the end of title IV, add the following: the United States to expand the number of come countries that are eligible for the Pov- SEC. 4ll. LAKE PONTCHARTRAIN, LOUISIANA. countries so the United States share of the erty Reduction and Growth Facility or other (a) AUTHORITY OF SECRETARY OF THE expanded New Arrangements to Borrow is low-income lending from the Fund by mak- ARMY.—The project authorized by section 204 representative of its share as of the date of ing available Fund resources of not less than of Flood Control Act of 1965 (Public Law 89– enactment of this act: Provided further, $4 billion; 298; 79 Stat. 1077) and modified by section That any loan under the authority granted (2) such Fund resources referenced above 7012(a)(2) of the Water Resources Develop- in this subsection shall be made with due re- will be used to leverage additional support ment Act of 2007 (Public Law 110–114; 121 gard to the present and prospective balance by a significant multiple to provide loans Stat. 1279), is further modified to authorize of payments and reserve position of the with substantial concessionality and debt the Secretary of the Army to construct a United States.’’ and service payment relief and or grants, as ap- pumping station that shall be specifically (2) in subsection (b) propriate to a country’s circumstances; designed to evacuate storm water from the (A) by inserting ‘‘(1)’’ before ‘‘For the pur- (3) support provided through forgiveness of area known as Hoey’s Basin, as— pose of’; interest on concessional loans will be pro- (B) by inserting ‘‘subsection (a)(1) of’’ after vided for not less than two years; and (1) generally described in the report enti- ‘‘pursuant to’’; and (4) the support provided to low-income tled ‘‘U.S. Army Corps of Engineers Indi- (C) by adding at the end the following: countries occurs within six years, a substan- vidual Environmental Report #5; Permanent ‘‘(2) For the purpose of making loans to the tial amount of which shall occur within the Protection System for the Outfall Canals International Monetary Fund pursuant to initial two years. Project on 17th Street, Orleans Avenue, and subsection (a)(2) of this section, there is (b) In addition to agreeing to and accepting London Avenue Canals’’; and hereby authorized to be appropriated not to the amendments referred to in section 64 of (2) more specifically described under the exceed the dollar equivalent of 75,000,000,000 this act relating to the use of proceeds from ‘‘Pump to the Mississippi River’’ option con- Special Drawing Rights, in addition to any the sale of such gold, the United States Gov- tained in the report described in paragraph amounts previously authorized under this ernor is authorized, consistent with sub- (1). section, except that prior to activation the section (a), to take such actions as may be (b) AUTHORIZED COST.—The total cost of Secretary of the Treasury shall report to necessary, including those referred to in sec- the project authorized under subsection (a) Congress on whether supplementary re- tion 5(e) of this act, to also use such proceeds shall be $205,000,000. (c) FEDERAL SHARE.—The Federal share of sources are needed to forestall or cope with for the purpose of assisting low-income coun- the cost of the project authorized under sub- an impairment of the international mone- tries.’’ section (a) shall be 100 percent of the total tary system and whether the Fund has fully ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE cost of the project. explored other means of funding, to remain ARTICLES OF AGREEMENT OF THE available until expended to meet calls by the FUND. Mr. CORKER (for himself Fund. Any payments made to the United ‘‘The United States Governor of the Fund SA 1173. States by the Fund as a repayment on ac- may agree to and accept the amendment to and Mr. GRAHAM, Mr. LIEBERMAN, Mr. count of the principal of a loan made under the Articles of Agreement of the Fund as LUGAR, Mr. ISAKSON, Ms. COLLINS, and this section shall continue to be available for proposed in the resolution numbered 54–4 of Mr. BENNETT) submitted an amend- loans to the Fund.’’. the Board of Governors of the Fund which ment intended to be proposed by him

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5739 to the bill H.R. 2346, making supple- SA 1175. Mrs. HUTCHISON submitted grants awarded using amounts made avail- mental appropriations for the fiscal an amendment intended to be proposed able under this paragraph may be used to re- year ending September 30, 2009, and for by her to the bill H.R. 2346, making develop housing properties damaged or de- other purposes; as follows: supplemental appropriations for the stroyed during the period beginning on Janu- ary 1, 2004, and ending on December 31, 2008, On page 97, between lines 11 and 12, insert fiscal year ending September 30, 2009, by a major disaster (as defined in section 102 the following: and for other purposes; which was or- of the Robert T. Stafford Disaster Relief and AFGHANISTAN AND PAKISTAN POLICY dered to lie on the table; as follows: Emergency Assistance Act (42 U.S.C. 5122)):’’ On page 39, strike lines 6 through 23 and in- after ‘‘demolished or vacant properties as SEC. 1121. (a) OBJECTIVES FOR AFGHANISTAN sert the following: housing:’’. AND PAKISTAN.—Not later than 30 days after (Public Law 111–8; 123 Stat. 619) is amended— the date of the enactment of this Act, the (1) in the ninth proviso— SA 1178. Mr. CARDIN submitted an President, based on information gathered (A) by striking ‘‘or (d)’’ and inserting and coordinated by the National Security amendment intended to be proposed by ‘‘(d)’’; and Council, shall develop and submit to the ap- him to the bill H.R. 2346, making sup- (B) by striking ‘‘the guarantee’’ and insert- propriate committees of Congress the fol- plemental appropriations for the fiscal ing ‘‘the guarantee; (e) contracts, leases or lowing: year ending September 30, 2009, and for other agreements entered into prior to May (1) A clear statement of the objectives of 1, 2009 for front-end nuclear fuel cycle other purposes; which was ordered to United States policy with respect to Afghan- projects, where such project licenses tech- lie on the table; as follows: istan and Pakistan. nology from the Department of Energy, and At the appropriate place, insert the fol- (2) Metrics to be utilized to assess progress pays royalties to the federal government for lowing: toward achieving the objectives developed such license and the amount of such royal- under paragraph (1). PRESCRIPTION OF ANTIDEPRESSANTS FOR ties will exceed the amount of federal spend- TROOPS SERVING IN IRAQ AND AFGHANISTAN (b) REPORTS.— ing, if any, under such contracts, leases or (1) IN GENERAL.—Not later than March 30, SEC. ll. (a) Not later than December 31, agreements; or (f) grants or cooperative 2009, the Secretary of Defense shall submit 2010 and every 90 days thereafter, the Presi- agreements, to the extent that obligations of dent, on the basis of information gathered to Congress a report on the numbers and per- such grants or cooperative agreements have centages of troops that have served or are and coordinated by the National Security been recorded in accordance with section Council and in consultation with Coalition serving in Iraq and Afghanistan who have 1501(a)(5) of title 31, United States Code, on been prescribed antidepressants, including partners as appropriate, shall submit to the or before May 1, 2009’’; and appropriate committees of Congress a report psychotropic drugs such as Selective Sero- (2) in the tenth proviso, by striking ‘‘Pro- tonin Reuptake Inhibitors (SSRIs). setting forth the following: vided further,’’ and inserting ‘‘Provided fur- (A) A description and assessment of the (b)(1) The Institute of Medicine shall con- ther, That the Secretary of Energy may use duct a study on the potential relationship progress of United States Government ef- unobligated funds from undersubscribed forts, including those of the Department of between the increased number of suicides technologies supported under the Title 17 In- and attempted suicides by members of the Defense, the Department of State, the novative Technology Loan Guarantee Pro- United States Agency for International De- Armed Forces and the increased number of gram for oversubscribed technologies, as de- antidepressants, other psychotropics, and velopment, and the Department of Justice, termined by the Secretary, in a manner that, in achieving the objectives for Afghanistan other behavior modifying prescription medi- to the maximum extent practicable, is tech- cations being prescribed, including any com- and Pakistan developed under subsection nology-neutral: Provided further,’’. (a)(1). bination or interactions of such prescrip- (B) Any modification of the metrics devel- tions. The Department of Defense shall im- SA 1176. Mrs. HUTCHISON submitted mediately make available to the Institute of oped under subsection (a)(2) in light of cir- an amendment intended to be proposed cumstances in Afghanistan or Pakistan, to- Medicine all data necessary to complete the gether with a justification for such modifica- by her to the bill H.R. 2346, making study. tion. supplemental appropriations for the (2) Not later than one year after the date of (C) Recommendations for the additional fiscal year ending September 30, 2009, the enactment of this Act, the Institute of resources or authorities, if any, required to and for other purposes; which was or- Medicine shall submit to Congress a report achieve such objectives for Afghanistan and dered to lie on the table; as follows: on the findings of the study conducted pursuant to paragraph (1). Pakistan. On page 49, between lines 12 and 13, insert (2) FORM.—Each report under this sub- the following: section may be submitted in classified or un- SA 1179. Mr. KAUFMAN (for himself, SEC. 607. DISASTER ASSISTANCE DIRECT LOAN Mr. LUGAR, and Mr. REED) submitted classified form. Any report submitted in PROGRAM ACCOUNT. classified form shall include an unclassified Title VI of division A of the American Re- an amendment intended to be proposed annex or summary of the matters contained covery and Reinvestment Act of 2009 (Public by him to the bill H.R. 2346, making in the report. Law 111–5; 123 Stat. 164) is amended under supplemental appropriations for the (3) APPROPRIATE COMMITTEES OF CONGRESS the heading ‘‘DISASTER ASSISTANCE DIRECT fiscal year ending September 30, 2009, DEFINED.—In this subsection, the term ‘‘ap- LOAN PROGRAM ACCOUNT’’ under the heading and for other purposes; as follows: propriate committees of Congress’’ means— ‘‘FEDERAL EMERGENCY MANAGEMENT AGEN- (A) the Committees on Armed Services, On page 71, between lines 13 and 14, insert CY’’— Appropriations, Foreign Relations, Home- the following: (1) by inserting ‘‘or can otherwise dem- (g) TRAINING IN CIVILIAN-MILITARY COORDI- land Security and Governmental Affairs, and onstrate’’ after ‘‘suffered’’; and the Judiciary and the Select Committee on NATION.—The Secretary of State, in con- (2) by inserting ‘‘in fiscal year 2008, 2009, or sultation with the Secretary of Defense, Intelligence of the Senate; and 2010’’ after ‘‘revenues’’. (B) the Committees on Armed Services, shall seek to ensure that civilian personnel assigned to serve in Afghanistan receive ci- Appropriations, Foreign Affairs, Homeland SA 1177. Ms. LANDRIEU (for herself Security, and the Judiciary and the Perma- vilian-military coordination training that and Mr. HARKIN) submitted an amend- nent Select Committee on Intelligence of the focuses on counterinsurgency and stability House of Representatives. ment intended to be proposed by her to operations, and shall submit a report to the the bill H.R. 2346, making supplemental Committees on Appropriations and Foreign appropriations for the fiscal year end- Relations of the Senate and the Committees SA 1174. Mrs. HUTCHISON submitted on Appropriations and Foreign Affairs of the an amendment intended to be proposed ing September 30, 2009, and for other purposes; which was ordered to lie on House of Representatives not later than 90 by her to the bill H.R. 2346, making days after the date of the enactment of this supplemental appropriations for the the table; as follows: Act detailing how such training addresses fiscal year ending September 30, 2009, At the end of title XII, insert the fol- current and future civilian-military coordi- and for other purposes; which was or- lowing: nation requirements. dered to lie on the table; as follows: SEC. lll. INTENT OF CONGRESS. Title XII of division A of the American Re- SA 1180. Ms. LANDRIEU submitted On page 49, between lines 12 and 13, insert covery and Reinvestment Act of 2009 (Public an amendment intended to be proposed the following: Law 111–5; 123 Stat. 218) is amended under by her to the bill H.R. 2346, making SEC. 607. REIMBURSEMENT FOR MAJOR DIS- the heading ‘‘COMMUNITY DEVELOPMENT supplemental appropriations for the ASTER. FUND’’ under the heading ‘‘COMMUNITY PLAN- fiscal year ending September 30, 2009, For purposes of reimbursement relating to NING AND DEVELOPMENT’’ under the heading disaster declaration DR-1791 (issued Sep- ‘‘DEPARTMENT OF HOUSING AND URBAN and for other purposes; which was or- tember 13, 2008), the Statewide per capita DEVELOPMENT’’ by inserting ‘‘Provided fur- dered to lie on the table; as follows: qualifying threshold for calendar year 2008 of ther, That, in addition to the eligible uses of On page 49, between lines 12 and 13, insert $122.00 is deemed to have been met. funds under section 2301(c)(3)(E) of the Act, the following:

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5740 CONGRESSIONAL RECORD — SENATE May 20, 2009 SEC. 607. COASTAL HIGH HAZARD AREAS. ‘‘(III) the uniform accessibility of safe and purposes; which was ordered to lie on (a) DEFINITIONS.—In this section— affordable housing programs administered or the table; as follows: (1) the term ‘‘coastal high hazard area’’ has subject to review by the Department of At the end of title IV, add the following: the meaning given that term in section 9.4 of Housing and Urban Development, including— SEC. 4ll. LAKE PONTCHARTRAIN, LOUISIANA. title 44, Code of Federal Regulations, or any ‘‘(aa) the issuance of exempt facility bonds (a) DEFINITIONS.—In this section: successor thereto; and for qualified residential rental property as (1) PROJECT.—The term ‘‘project’’ means (2) the term ‘‘major disaster’’ has the set forth in section 142(d) of such Code; the project for permanent pumps and canal meaning given that term in section 102 of the ‘‘(bb) the issuance of low income housing modifications authorized by section 204 of Robert T. Stafford Disaster Relief and Emer- tax credits as set forth in section 42 of such Flood Control Act of 1965 (Public Law 89–298; gency Assistance Act (42 U.S.C. 5122). Code, to facilitate the uniform accessibility 79 Stat. 1077) and modified by section (b) AUTHORIZATION.—For an activity in a of provisions of the American Recovery and 7012(a)(2) of the Water Resources Develop- coastal high hazard area that is otherwise an Reinvestment Act of 2009; and ment Act of 2007 (Public Law 110–114; 121 eligible use of assistance under section 404, ‘‘(cc) the issuance of bonds and obligations Stat. 1279). section 406, or section 408 of the Robert T. issued under that Act, to facilitate economic (2) PROJECT REPORT.—The term ‘‘project re- Stafford Disaster Relief and Emergency As- development, higher education, and improve- port’’ means the report— sistance Act (42 U.S.C. 5170c, 5172, and 5174) ments to infrastructure, and the issuance of (A) submitted by the Secretary to Con- as a result of damage caused by Hurricane bonds and obligations issued under any progress; Katrina, Rita, Gustav, or Ike, notwith- vision of law to further the same; and (B) dated August 30, 2007; and standing 9.11(d)(1) of title 44, Code of Federal ‘‘(ii) to facilitate interstate commerce gen- (C) provided in response to the require- Regulations, and subject to all other require- erally, including consumer loans, in the case ments described in section 4303 of the U.S. ments under part 9 of title 44, Code of Fed- of any person or governmental entity (other Troop Readiness, Veterans’ Care, Katrina eral Regulations— than a depository institution subject to sub- Recovery, and Iraq Accountability Appro- (1) the activity shall be an eligible use of paragraph (A) and paragraph (2)).’’. priations Act, 2007 (Public Law 110–28; 121 assistance under such section; and (b) EFFECTIVE PERIOD.—The amendments Stat. 154) as the basis for complying with the (2) any new construction or substantial im- made by subsection (a) shall apply with re- requirements of— provements to structures under such an ac- spect to contracts consummated during the (i) the project; and tivity involving critical actions shall not be period beginning on the date of enactment of (ii) modifications to the 17th Street, Orle- required to elevate to the 500-year flood- this Act and ending on December 31, 2010. ans Avenue and London Avenue canals in plain, if it would be impracticable. and near the city of New Orleans carried out (c) ADMINISTRATIVE PROCEDURES.—Not- SA 1182. Mr. MENENDEZ submitted under the project. withstanding chapter 5 of title 5, United an amendment intended to be proposed (3) SECRETARY.—The term ‘‘Secretary’’ States Code (commonly known as the ‘‘Ad- by him to the bill H.R. 2346, making means the Secretary of the Army. ministrative Procedure Act’’), the Adminis- supplemental appropriations for the (b) DUTIES OF SECRETARY.— trator of the Federal Emergency Manage- fiscal year ending September 30, 2009, (1) SUSPENSION OF ACTIVITY.—Effective on ment Agency shall not be required to pro- and for other purposes; which was or- the date of enactment of this Act, the Sec- mulgate, modify, or amend any regulation to dered to lie on the table; as follows: retary shall cease the implementation of op- carry out subsection (b). tion 1, as described in the project report. At the end of title XI, insert the following: (d) APPLICABILITY.—This section shall (2) STUDY; REPORT.— apply to any assistance under the Robert T. ORGANIZATION OF AMERICAN STATES (A) STUDY.—As soon as practicable after Stafford Disaster Relief and Emergency As- SEC. 1121. It is the sense of Congress that— the date of enactment of this Act, the Sec- sistance Act (42 U.S.C. 5121 et seq.) relating (1) the United States supports the Charter retary shall conduct a study under which the to a major disaster— of the Organization of American States and Secretary shall carry out— (1) declared on or after August 28, 2005; and the principles enshrined in the Inter-Amer- (i) an analysis of the residual risks associ- (2) relating to Hurricane Katrina, Rita, ican Democratic Charter of the Organization ated with options 1, 2, and 2a, as described in Gustav, or Ike. of American States; and the project report; and (2) Congress continues to support the Orga- (ii) an independent peer review of the effec- SA 1181. Mrs. LINCOLN (for herself nization of American States as it operates in tiveness of concept designs and preliminary and Mr. PRYOR) submitted an amend- a manner consistent with the Charter of the cost estimates associated with each option. ment intended to be proposed by her to Organization of American States, and, in (B) REPORTS.—Not later than 30 days after particular, consistent with Articles 1, 3, and the date of enactment of this Act, the Sec- the bill H.R. 2346, making supplemental 7 of the Inter-American Democratic Charter, retary shall submit to the Committee on Ap- appropriations for the fiscal year end- as adopted by all the participating member propriations of the Senate and the Com- ing September 30, 2009, and for other countries of the Organization of American mittee on Appropriations of the House of purposes; as follows: States, which state— Representatives a report that— At the appropriate place, insert the fol- (A) in Article 1, that the peoples of the (i) contains the results of the study con- lowing: Americas have a right to democracy and ducted under subparagraph (A); and SEC. ll. EXTENSION OF LIMITATIONS. their governments have an obligation to pro- (ii) identifies the option contained in the mote and defend it, and that democracy is project report that— (a) IN GENERAL.—Section 44(f)(1) of the (I) is more technically advantageous; Federal Deposit Insurance Act (12 U.S.C. essential for the social, political, and eco- (II) is more effective from an operational 1831u(f)(1)) is amended— nomic development of the peoples of the prospective in providing greater reliability (1) by redesignating subparagraphs (A) and Americas; and reducing the risk of flooding to the New (B) as clauses (i) and (ii), respectively, and (B) in Article 3, that essential elements of Orleans area over the long-term; and moving the margins 2 ems to the right; representative democracy include, inter alia, (III) if implemented, would— (2) by striking ‘‘evidence of debt by any in- respect for human rights and fundamental (aa) increase the overall drainage capacity sured’’ and inserting the following: ‘‘evi- freedoms, access to and the exercise of power of the region; dence of debt by— in accordance with the rule of law, the hold- (bb) reduce local flooding to the greatest ‘‘(A) any insured’’; and ing of periodic, free, and fair elections based extent practicable; and (3) by striking the period at the end and in- on secret balloting and universal suffrage as (cc) provide the greatest system flexibility. serting the following: ‘‘; and an expression of the sovereignty of the peo- (3) IMPLEMENTATION.—Effective on the date ‘‘(B) any nondepository institution oper- ple, the pluralistic system of political par- on which the Secretary submits the report ating in such State, shall be equal to not ties and organizations, and the separation of under paragraph (2)(B), the Secretary shall more than the greater of the State’s max- powers and independence of the branches of resume the implementation of the project in imum lawful annual percentage rate or 17 government; and accordance with the option selected by the percent— (C) in Article 7, that democracy is indis- Secretary under the report. ‘‘(i) to facilitate the uniform implementa- pensable for the effective exercise of funda- tion of federally mandated or federally es- mental freedoms and human rights in their universality, indivisibility, and interdepend- SA 1184. Mr. BINGAMAN submitted tablished programs and financings related an amendment intended to be proposed thereto, including— ence, embodied in the respective constitu- ‘‘(I) uniform accessibility of student loans, tions of states and in inter-American and by him to the bill H.R. 2346, making including the issuance of qualified student international human rights instruments. supplemental appropriations for the fiscal year ending September 30, 2009, loan bonds as set forth in section 144(b) of SA 1183. Ms. LANDRIEU (for herself the Internal Revenue Code of 1986; and for other purposes; which was or- and Mr. VITTER) submitted an amend- ‘‘(II) the uniform accessibility of mortgage dered to lie on the table; as follows: ment intended to be proposed by her to loans, including the issuance of qualified On page 106, between lines 14 and 15, insert mortgage bonds and qualified veterans’ the bill H.R. 2346, making supplemental the following: mortgage bonds as set forth in section 143 of appropriations for the fiscal year end- SEC. 1303. (a) INTERPRETATION OF AUTHOR- such Code; ing September 30, 2009, and for other ITY OF THE INTERNATIONAL MONETARY FUND

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TO PROVIDE CERTAIN ASSISTANCE TO LOW-IN- SEC. ll. (a) SPECIFICATION OF THE FIRST this section are in addition to any other pay, COME COUNTRIES.—The Secretary of the TEE PROGRAM AS SUPPORTABLE YOUTH ORGA- absence, or leave provided by law. Treasury shall instruct the United States NIZATION.—Section 1058(a) of the National (g) DEFINITIONS.—In this section: Governor of the International Monetary Defense Authorization Act for Fiscal Year (1) The term ‘‘Post-Deployment/Mobiliza- Fund and the United States Executive Direc- 2006 (Public Law 109–163; 119 Stat. 3442; 5 tion Respite Absence program’’ means the tor of the Fund to obtain promptly an offi- U.S.C. 301 note) is amended— program of a military department to provide cial interpretation by the Fund with respect (1) in paragraph (16), by striking ‘‘and’’ at days of administrative absence not charge- to the authority of the Fund to provide sup- the end; able against available leave to certain de- port to low-income countries (as defined by (2) by redesignating paragraph (17) as para- ployed or mobilized members of the Armed the Fund) in the form of grants or other fi- graph (18); and Forces in order to assist such members in re- nancial assistance that does not create debt (3) by inserting after paragraph (16) the fol- integrating into civilian life after deploy- for those countries. lowing new paragraph (17): ment or mobilization. (b) AMENDMENT TO ARTICLES OF AGREEMENT ‘‘(17) The First Tee program.’’. (2) The term ‘‘Secretary concerned’’ has TO AUTHORIZE CERTAIN ASSISTANCE TO LOW- (b) EFFECTIVE DATE.—The amendments the meaning given that term in section 101(5) INCOME COUNTRIES.—If the International made by subsection (a) shall take effect on of title 37, United States Code. Monetary Fund concludes in the interpreta- October 1, 2009, and shall apply with respect (h) TERMINATION.— tion obtained pursuant to subsection (a) that to fiscal years beginning on or after that (1) IN GENERAL.—The authority to provide the Fund does not have the authority to pro- date. benefits under this section shall expire on vide grants or other financial assistance de- the date that is one year after the date of the scribed in that subsection, the United States SA 1187. Mr. WYDEN (for himself, enactment of this Act. Governor of the International Monetary Ms. KLOBUCHAR, Mr. GRASSLEY, Mr. (2) CONSTRUCTION.—Expiration under this Fund and the United States Executive Direc- subsection of the authority to provide bene- tor of the Fund shall promptly propose and ROBERTS, and Mr. SHELBY) submitted an amendment intended to be proposed fits under this section shall not affect the support an amendment to the Articles of utilization of any day of administrative ab- Agreement of the Fund to explicitly author- by him to the bill H.R. 2346, making sence provided a member of the Armed ize the Fund to provide such grants or other supplemental appropriations for the Forces under subsection (b)(2), or the pay- financial assistance. fiscal year ending September 30, 2009, ment of any payment authorized a member (c) AUTHORIZATION TO ACCEPT AMEND- and for other purposes; which was or- or former member of the Armed Forces MENT.—Notwithstanding any other provision under subsection (b), before the expiration of of law, the President may agree to and ac- dered to lie on the table; as follows: the authority in this section. cept on behalf of the United States an At the end of title III, add the following: amendment proposed under subsection (b) to SEC. 315. (a) BENEFITS UNDER POST-DEPLOY- Mr. MCCAIN (for himself, the Articles of Agreement of the Inter- MENT/MOBILIZATION RESPITE ABSENCE PRO- SA 1188. national Monetary Fund to explicitly au- GRAM FOR CERTAIN PERIODS BEFORE IMPLE- Mr. LIEBERMAN, Mr. LUGAR, and Mr. thorize the Fund to provide grants or other MENTATION OF PROGRAM.—Under regulations BROWNBACK) submitted an amendment financial assistance to low-income countries prescribed by the Secretary of Defense, the intended to be proposed by him to the that does not create debt for those countries. Secretary concerned shall provide any mem- bill H.R. 2346, making supplemental ap- ber or former member of the Armed Forces propriations for the fiscal year ending SA 1185. Mr. MERKLEY (for himself with the benefits specified in subsection (b) September 30, 2009, and for other pur- if the member or former member would, on and Mr. WHITEHOUSE) submitted an poses; as follows: amendment intended to be proposed by any day during the period beginning on Jan- At the end of title XI, add the following: him to the bill H.R. 2346, making sup- uary 19, 2007, and ending on the date of the implementation of the Post-Deployment/Mo- SEC. 1121. (a) ADDITIONAL AMOUNT FOR AS- plemental appropriations for the fiscal bilization Respite Absence (PDMRA) pro- SISTANCE FOR GEORGIA.—The amount appro- year ending September 30, 2009, and for gram by the Secretary concerned, have priated by this title under the heading ‘‘Eu- other purposes; as follows: qualified for a day of administrative absence rope, Eurasia and Central Asia’’ is hereby in- At the appropriate place in title III, insert under the Post-Deployment/Mobilization creased by $42,500,000, with the amount of the the following: Respite Absence program had the program increase to be available for assistance for SENSE OF SENATE ON USE OF FUNDS FOR been in effect during such period. Georgia. OPERATIONS IN IRAQ (b) BENEFITS.—The benefits specified in (b) SOURCE OF FUNDS.— (1) IN GENERAL.—The amount of the in- SEC. 315. It is the sense of the Senate that this subsection are the following: crease in subsection (a) shall be derived from funds appropriated or otherwise made avail- (1) In the case of an individual who is a amounts appropriated or otherwise made able to the Department of Defense by this former member of the Armed Forces at the available by this title, other than amounts title for operations in Iraq should be utilized time of the provision of benefits under this under the heading ‘‘Europe, Eurasia and Cen- for those operations in a manner consistent section, payment of an amount not to exceed tral Asia’’ and available for assistance for with the United States–Iraq Status of Forces $200 for each day the individual would have Georgia. Agreement, including specifically that— qualified for a day of administrative absence (2) ADMINISTRATION.—Not later than 30 (1) the United States combat mission in as described in subsection (a) during the pe- days after the date of the enactment of this Iraq will end by August 31, 2010; riod specified in that subsection. Act, the Director of the Office of Manage- (2) any transitional force of the United (2) In the case of an individual who is a ment and Budget shall— States remaining in Iraq after August 31, member of the Armed Forces at the time of (A) administer the reduction required pur- 2010, will have a mission consisting of— the provision of benefits under this section, suant to paragraph (1); and (A) training, equipping, and advising Iraqi either one day of administrative absence or (B) submit to the Committee on Appropria- Security Forces as long as they remain non- payment of an amount not to exceed $200, as tions of the Senate and the Committee of the sectarian; selected by the Secretary concerned, for House of Representatives a report specifying (B) conducting targeted counter-terrorism each day the individual would have qualified the account and the amount of each reduc- missions; and for a day of administrative absence as de- tion made pursuant to the reduction re- (C) protecting the ongoing civilian and scribed in subsection (a) during the period quired pursuant to paragraph (1). military efforts of the United States within specified in that subsection. (c) EXCLUSION OF CERTAIN FORMER MEM- Iraq; and Mrs. HUTCHISON (for her- (3) through continuing redeployments of BERS.—A former member of the Armed SA 1189. the transitional force of the United States Forces is not eligible under this section for self, Mr. BROWN, Mrs. MCCASKILL, Mr. remaining in Iraq after August 31, 2010, all the benefits specified in subsection (b)(1) if MENENDEZ, Ms. MIKULSKI, Mr. COCHRAN, United States troops present in Iraq under the former member was discharged or re- Mr. BOND, and Mr. LAUTENBERG) sub- the United States–Iraq Status of Forces leased from the Armed Forces under other mitted an amendment intended to be Agreement will be redeployed from Iraq by than honorable conditions. proposed by her to the bill H.R. 2346, December 31, 2011. (d) MAXIMUM NUMBER OF DAYS OF BENEFITS making supplemental appropriations PROVIDABLE.—The number of days of benefits for the fiscal year ending September 30, SA 1186. Mr. BURR submitted an providable to a member or former member of amendment intended to be proposed by the Armed Forces under this section may 2009, and for other purposes; as follows: him to the bill H.R. 2346, making sup- not exceed 40 days of benefits. At the appropriate place, insert the fol- plemental appropriations for the fiscal (e) FORM OF PAYMENT.—The paid benefits lowing new section providable under subsection (b) may be paid No funds shall be expended from the Treas- year ending September 30, 2009, and for in a lump sum or installments, at the elec- ury to an auto manufacturer which has noti- other purposes; which was ordered to tion of the Secretary concerned. fied a dealership that it will be terminated lie on the table; as follows: (f) CONSTRUCTION WITH OTHER PAY AND without providing at least 60 days for that At the appropriate place, insert the fol- LEAVE.—The benefits provided a member or dealership to wind down its operations and lowing: former member of the Armed Forces under sell its inventory.

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Mr. REID (for Mr. KENNEDY the present and prospective balance of pay- by a significant multiple to provide loans (for himself and Mr. CARDIN)) sub- ments and reserve position of the United with substantial concessionality and debt mitted an amendment intended to be States.’’ service payment relief and/or grants, as ap- proposed by Mr. Reid to the bill H.R. and propriate to a country’s circumstances; (2) in subsection (b) (3) support provided through forgiveness of 2346, making supplemental appropria- (A) by inserting ‘‘(1)’’ before ‘‘For the pur- interest on concessional loans will be pro- tions for the fiscal year ending Sep- pose of’; vided for not less than two years; and tember 30, 2009, and for other purposes; (B) by inserting ‘‘subsection (a)(1) of’’ after (4) the support provided to low-income which was ordered to lie on the table; ‘‘pursuant to’’; and countries occurs within six years, a substan- as follows: (C) by adding at the end the following: tial amount of which shall occur within the ‘‘(2) For the purpose of making loans to the initial two years. On page 52, line 11, insert ‘‘and for urgent International Monetary Fund pursuant to (b) In addition to agreeing to and accepting and unmet resettlement needs of a refugee or subsection (a)(2) of this section, there is the amendments referred to in section 64 of individual provided status pursuant to sec- hereby authorized to be appropriated not to this act relating to the use of proceeds from tion 1059 of the National Defense Authoriza- exceed the dollar equivalent of 75,000,000,000 the sale of such gold, the United States Gov- tion Act for Fiscal Year 2006 (Public Law 109- Special Drawing Rights, in addition to any ernor is authorized, consistent with sub- 163; 8 U.S.C. 1101 note), section 1244 of the amounts previously authorized under this section (a), to take such actions as may be Refugee Crisis in Iraq Act of 2007 (subtitle C section, except that prior to activation the necessary, including those referred to in sec- of title XII of division A of Public Law 110– Secretary of the Treasury shall report to tion 5(e) of this act, to also use such proceeds 181; 122 Stat. 396), or section 602 of the Af- Congress on whether supplementary re- for the purpose of assisting low-income coun- ghan Allies Protection Act of 2009 (title VI of sources are needed to forestall or cope with tries.’’ division F of Public Law 111–8; 123 Stat. an impairment of the international mone- ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE 807),’’ after ‘‘of 2008,’’. tary system and whether the Fund has fully ARTICLES OF AGREEMENT OF THE explored other means of funding, to remain FUND. ‘‘The United States Governor of the Fund SA 1191. Mr. LEAHY (for himself and available until expended to meet calls by the may agree to and accept the amendment to Mr. KERRY) submitted an amendment Fund. Any payments made to the United the Articles of Agreement of the Fund as intended to be proposed by him to the States by the Fund as a repayment on ac- proposed in the resolution numbered 54–4 of count of the principal of a loan made under bill H.R. 2346, making supplemental ap- the Board of Governors of the Fund which this section shall continue to be available for propriations for the fiscal year ending was approved by such Board on October 22, loans to the Fund.’’. September 30, 2009, and for other pur- 1997: Provided, That not more than one year poses; as follows: SEC.. 1302. The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by add- after the acceptance of such amendments to the Fund’s Articles of Agreement, the Sec- On page 102, line 9, strike ‘‘In’’ and every- ing at the end the following: thing thereafter through the end of line 14 on retary of the Treasury shall submit a report ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE to the Committee on Foreign Relations and page 106, and insert in lieu thereof the fol- ARTICLES OF AGREEMENT OF THE lowing: FUND. the Committee on Banking, Housing, and In order to carry out the purposes of a one- ‘‘The United States Governor of the Fund Urban Affairs of the Senate and the Com- time decision of the Executive Directors of may agree to and accept the amendments to mittee on Financial Services of the House of the International Monetary Fund (the Fund) the Articles of Agreement of the Fund as Representatives analyzing Special Drawing to expand the resources of the New Arrange- proposed in the resolutions numbered 63–2 Rights, to include a discussion of how those ments to Borrow, established pursuant to the and 63–3 of the Board of Governors of the countries that significantly use or acquire decision of January 27, 1997 referred to in Fund which were approved by such Board on Special Drawing Rights in accordance with paragraph (1) above, and to make other April 28, 2008 and May 5, 2008, respectively. Article XIX, Section 2(c), use or acquire them; the extent to which countries experi- amendments to the New Arrangements to ‘‘SEC. 65. QUOTA INCREASE. encing balance of payment difficulties ex- Borrow to achieve an expanded and more ‘‘(a) IN GENERAL—The United States Gov- change or use their Special Drawing Rights flexible New Arrangements to Borrow as con- ernor of I the Fund may consent to an in- to acquire reserve currencies; and the man- templated by paragraph 17 of the G–20 Lead- crease in the quota of the United States in ner in which those reserve currencies are ac- ers’ Statement of April 2, 2009 in London, the the Fund equivalent to 4,973,100,000 Special quired when utilizing Special Drawing Secretary of the Treasury is authorized to Drawing Rights. Rights.’’ instruct the United States Executive Direc- ‘‘(b) SUBJECT TO APPROPRIATIONS.—The au- tor to consent to such amendments notwith- thority provided by subsection (a) shall be SA 1192. Mr. COBURN (for himself standing subsection (d) of this section, and effective only to such extent or in such and Mr. DEMINT) submitted an amend- to make loans, in an amount not to exceed amounts as are provided in advance in appro- the dollar equivalent of 75,000,000,000 Special priations Acts.’’ ment intended to be proposed by him Drawing Rights, in addition to any amounts ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT to the bill H.R. 2346, making supple- previously authorized under this section and OF THE FUND’S GOLD. mental appropriations for the fiscal limited to such amounts as are provided in ‘‘(a) The Secretary of the Treasury is au- year ending September 30, 2009, and for advance in appropriations Acts, except that thorized to instruct the United States Exec- other purposes; which was ordered to prior to activation, the Secretary of the utive Director of the Fund to vote to approve lie on the table; as follows: Treasury shall report to Congress on whether the sale of up to 12,965,649 ounces of the Strike section 1113. supplementary resources are needed to fore- Fund’s gold acquired since the second stall or cope with an impairment of the Amendment to the Fund’s Articles of Agree- SA 1193. Mr. COBURN submitted an international monetary system and whether ment, only if such sales are consistent with amendment intended to be proposed by the Fund has fully explored other means of the guidelines agreed to by the Executive him to the bill H.R. 2346, making sup- funding, to the Fund under article VII, sec- Board of the Fund described in the Report of tion 1(i), of the Articles of Agreement of the the Managing Director to the International plemental appropriations for the fiscal Fund: Provided, That prior to instructing Monetary and Financial Committee on a year ending September 30, 2009, and for the United States Executive Director to pro- New Income and Expenditure Framework for other purposes; which was ordered to vide consent to such amendments, the Sec- the International Monetary Fund (April 9, lie on the table; as follows: retary of the Treasury shall consult with the 2008) to prevent disruption to the world gold On page 32, strike lines 6 through 16 and in- Committee on Foreign Relations and the market: Provided, That at least 30 days prior sert the following: Committee on Banking, Housing, and Urban to any such vote, the Secretary shall consult as authorized by law, $315,290,000, to remain Affairs of the Senate and the Committee on with the Committee on Foreign Relations available until expended: Provided, That the Financial Services of the House of Rep- and the Committee on Banking, Housing, Secretary of the Army is directed to use the resentatives on the amendments to be made and Urban Affairs of the Senate and the funds appropriated under this heading to to the New Arrangements to Borrow, includ- Committee on Financial Services of the support emergency operations, to repair eli- ing guidelines and criteria governing the use House of Representatives regarding the use gible projects nationwide, and for other ac- of its resources; the countries that have of proceeds from the sale of such gold: Pro- tivities in response to natural disasters: Pro- made commitments to contribute to the New vided further, That the Secretary of the vided further, That this work shall be car- Arrangements to Borrow and the amount of Treasury shall seek to ensure that: such commitments; and the steps taken by (1) the Fund will provide support to low-in- SA 1194. Mr. COBURN submitted an the United States to expand the number of come countries that are eligible for the Pov- amendment intended to be proposed by countries so the United States share of the erty Reduction and Growth Facility or other him to the bill H.R. 2346, making sup- expanded New Arrangements to Borrow is low-income lending from the Fund by mak- representative of its share as of the date of ing available Fund resources of not less than plemental appropriations for the fiscal enactment of this act: Provided further, That $4 billion; year ending September 30, 2009, and for any loan under the authority granted in this (2) such Fund resources referenced above other purposes; which was ordered to subsection shall be made with due regard to will be used to leverage additional support lie on the table; as follows:

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In the matter under the heading ‘‘FLOOD At the end of title III, add the following: (3) An assessment of lessons learned from CONTROL AND COASTAL EMERGENCIES’’ under SEC. 315. (a) REPORTS REQUIRED.—Not later previous releases and transfers of individuals the heading ‘‘CORPS OF ENGINEERS–CIVIL’’ than 60 days after the date of the enactment who returned to terrorist activities for re- under the heading ‘‘DEPARTMENT OF THE of this Act and every 90 days thereafter, the ducing the risk that detainees released or ARMY’’ under the heading ‘‘DEPARTMENT OF President shall submit to the members and transferred from Naval Station Guantanamo DEFENSE–CIVIL’’ of title IV, strike ‘‘Provided committees of Congress specified in sub- Bay will return to terrorist activities after further, That this work shall be carried out section (b) a report on the prisoner popu- their release or transfer. at full Federal expense’’ and insert ‘‘Provided lation at the detention facility at Naval Sta- (e) FORM.—Each report submitted under further, That the Federal share of the cost of tion Guantanamo Bay, Cuba. subsection (a), or parts thereof, may be sub- the projects under this heading shall be not (b) SPECIFIED MEMBERS AND COMMITTEES OF mitted in classified form. more than 65 percent’’. CONGRESS.—The members and committees of (f) LIMITATION ON RELEASE OR TRANSFER.— Congress specified in this subsection are the No detainee detained at the detention facil- SA 1195. Mr. CORNYN submitted an following: ity at Naval Station Guantanamo Bay, Cuba, amendment intended to be proposed by (1) The majority leader and minority lead- as of the date of the enactment of this Act him to the bill H.R. 2346, making super of the Senate. may be released or transferred to another plemental appropriations for the fiscal (2) The Chairman and Ranking Member on country until the President— year ending September 30, 2009, and for the Committee on Armed Services of the (1) submits to Congress the first report re- other purposes; which was ordered to Senate. quired by subsection (a); or lie on the table; as follows: (3) The Chairman and Vice Chairman of the (2) certifies to the members and commit- Select Committee on Intelligence of the Sen- tees of Congress specified in subsection (b) At the appropriate place, insert the fol- that such action poses no threat to the mem- lowing: ate. bers of the United States Armed Forces. SEC.l. None of the funds provided in this (4) The Speaker of the House of Represent- act may be used by the Department of Jus- atives. tice to prosecute or otherwise sanction any (5) The minority leader of the House of SA 1198. Mr. LUGAR (for himself and individual who provided input into the legal Representatives. Mr. LEAHY) submitted an amendment opinions by the Office of Legal Counsel of (6) The Chairman and Ranking Member on intended to be proposed by him to the the Department of Justice analyzing the le- the Committee on Armed Services of the bill H.R. 2346, making supplemental ap- gality of the enhanced interrogation pro- House of Representatives. propriations for the fiscal year ending gram, nor any person who relied on good (7) The Chairman and Vice Chairman of the September 30, 2009, and for other pur- Permanent Select Committee on Intelligence faith on those opinions, nor any member of poses; which was ordered to lie on the Congress who was briefed on the enhanced of the House of Representatives interrogation program and did not object to (c) MATTERS TO BE INCLUDED.—Each report table; as follows: the program going forward. submitted under subsection (a) shall include At the appropriate place, insert the fol- the following: lowing: SA 1196. Ms. STABENOW submitted (1) The name and country of origin of each SEC. ll. (a) DISCLOSURE OF INTERNATIONAL an amendment intended to be proposed detainee at the detention facility at Naval MONETARY FUND DOCUMENTS.—The Secretary by her to the bill H.R. 2346, making Station Guantanamo Bay, Cuba, as of the of the Treasury shall instruct the United supplemental appropriations for the date of such report. States Executive Director of the Inter- national Monetary Fund to promote stand- fiscal year ending September 30, 2009, (2) A current summary of the evidence, intelligence, and information used to justify ard public disclosure of documents of the and for other purposes; which was or- the detention of each detainee listed under Fund presented to the Executive Board of dered to lie on the table; as follows: paragraph (1) at Naval Station Guantanamo the Fund and summaries of the minutes of At the appropriate place, insert the fol- Bay. meetings of the Board, as recommended by lowing: (3) A current accounting of all the meas- the Independent Evaluation Office of the DEPARTMENT OF LABOR ures taken to transfer each detainee listed Fund, not later than 2 years after the date of EMPLOYMENT AND TRAINING ADMINISTRATION under paragraph (1) to the individual’s coun- the meeting at which the document was presented or the minutes were taken (as the TRAINING AND EMPLOYMENT SERVICES try of citizenship or another country. (4) A current description of the number of case may be), unless the Executive Board— For an additional amount for ‘‘Training individuals released or transferred from de- (1) determines that it is appropriate to and Employment Services’’ for grants to tention at Naval Station Guantanamo Bay delay disclosure; and States for dislocated worker employment who are confirmed or suspected of returning (2) posts the reason for the delay on the and training activities under the Workforce to terrorist activities after release or trans- website of the Fund. Investment Act of 1998, $210,833,000, which fer from Naval Station Guantanamo Bay. (b) TRANSPARENCY AND ACCOUNTABILITY OF shall be available for the period of July 1, (5) An assessment of any efforts by al LOANS, AGREEMENTS, AND OTHER PROGRAMS 2009 through June 30, 2010: Provided, That Qaeda to recruit detainees released from de- OF THE INTERNATIONAL MONETARY FUND.— such funds shall be allotted only to those tention at Naval Station Guantanamo Bay. The Secretary of the Treasury shall instruct States that have received a total allotment (6) For each detainee listed under para- the United States Executive Director of the amount, not including any allotment graph (1), a threat assessment that in- International Monetary Fund to promote— amount provided under the American Recov- cludes— (1) transparency and accountability in the ery and Reinvestment Act of 2009, for dis- (A) an assessment of the likelihood that policymaking and budgetary procedures of located worker employment and training ac- such detainee may return to terrorist activ- governments of members of the Fund; tivities under the Workforce Investment Act ity after release or transfer from Naval Sta- (2) the participation of citizens and non- of 1998 (referred to under this heading as the tion Guantanamo Bay; governmental organizations in the economic ‘‘total allotment amount’’) for program year (B) an evaluation of the status of any reha- policy choices of those governments; and 2009 that is less than the total allotment bilitation program in such detainee’s coun- (3) the adoption by those governments of amount received by such States for program try of origin, or in the country such detainee loans, agreements, or other programs of the year 2008: Provided further, That the amount is anticipated to be transferred to; and Fund through a parliamentary process or an- of the allotment of such funds to a State (C) an assessment of the risk posed to the other participatory and transparent process, shall be equal to the amount of the dif- American people by the release or transfer of as appropriate. ference between the total allotment amount such detainee from Naval Station Guanta- for program year 2008 and the total allot- namo Bay. SA 1199. Mr. DURBIN proposed an ment amount for program year 2009 for such State: Provided further, That for purposes of (d) ADDITIONAL MATTERS TO BE INCLUDED amendment to amendment SA 1136 pro- Senate enforcement, such funds are des- IN INITIAL REPORT.—The first report sub- posed by Mr. MCCONNELL to the bill ignated as an emergency requirement and mitted under subsection (a) shall also in- H.R. 2346, making supplemental appro- necessary to meet emergency needs pursuant clude the following: priations for the fiscal year ending to section 403 of S. Con. Res. 13 (111th Con- (1) A description of the process that was September 30, 2009, and for other pur- previously used for screening the detainees gress), the concurrent resolution on the poses; as follows: budget for fiscal year 2010. described by subsection (c)(4) prior to their release or transfer from detention at Naval On page 3, strike lines 1–4, and insert the SA 1197. Mr. LEVIN submitted an Station Guantanamo Bay, Cuba. following: amendment intended to be proposed by (2) An assessment of the adequacy of that (2) A current summary of the evidence, intelligence, and information used to justify him to the bill H.R. 2346, making sup- screening process for reducing the risk that detainees previously released or transferred the detention of each detainee listed under plemental appropriations for the fiscal from Naval Station Guantanamo Bay would paragraph (1) at Guantanamo Bay. year ending September 30, 2009, and for return to terrorist activities after release or other purposes; which was ordered to transfer from Naval Station Guantanamo SA 1200. Mr. REID (for Mrs. lie on the table; as follows: Bay. HUTCHISON) proposed an amendment to

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5744 CONGRESSIONAL RECORD — SENATE May 20, 2009 the bill S. 614, to award a Congres- mittee on Foreign Relations be author- thorized to meet during the session of sional Gold Medal to the Women ized to meet during the session of the the Senate to conduct a hearing enti- Airforce Service Pilots (‘‘WASP’’); as Senate on Wednesday, May 20, 2009, at tled ‘‘Criminal Prosecution as a Deter- follows: 9 a.m. rent to Health Care Fraud’’ on Wednes- On page 3, line 11, strike ‘‘Army Air Force’’ The PRESIDING OFFICER. Without day, May 20, 2009, at 2:30 p.m., in room and insert ‘‘Army Air Forces’’ On page 3, line objection, it is so ordered. SD–226 of the Dirksen Senate office 13, strike ‘‘Air Force’’ and insert ‘‘Air COMMITTEE ON FOREIGN RELATIONS building. Forces’’ On page 3, line 17, strike ‘‘Army Air Mr. INOUYE. Mr. President, I ask The PRESIDING OFFICER. Without Force’’ and insert ‘‘Army Air Forces’’ On unanimous consent that the Com- objection, it is so ordered. page 4, line 2, strike ‘‘Force’’ and insert SUBCOMMITTEE ON STRATEGIC FORCES ‘‘Forces’’ mittee on Foreign Relations be authorized to meet during the session of the Mr. INOUYE. Mr. President, I ask SA 1201. Mr. REID proposed an Senate on Wednesday, May 20, 2009, at unanimous consent that the Sub- amendment to amendment SA 1167 sub- 11 a.m. committee on Strategic Forces of the mitted by Mr. BENNET (for himself, Mr. The PRESIDING OFFICER. Without Committee on Armed Services be authorized to meet during the session of CASEY, and Mr. JOHANNS) to the bill objection, it is so ordered. the Senate on Wednesday, May 20, 2009, H.R. 2346, making supplemental appro- COMMITTEE ON FOREIGN RELATIONS priations for the fiscal year ending at 2 p.m. Mr. INOUYE. Mr. President, I ask The PRESIDING OFFICER. Without September 30, 2009, and for other pur- unanimous consent that the Com- objection, it is so ordered. poses; as follows: mittee on Foreign Relations be author- SPECIAL COMMITTEE ON AGING At the end of the amendment, add the fol- ized to meet during the session of the Mr. INOUYE. Mr. President, I ask lowing: This section shall become effective 3 Senate on Wednesday, May 20, 2009, at days after enactment unanimous consent that the Special 1:30 p.m., to hold a hearing entitled Committee on Aging be authorized to f ‘‘Foreign Policy Priorities in the Presi- meet during the session of the Senate NOTICE OF HEARING dent’s FY10 International Affairs Budg- on Wednesday, May 20, 2009, from 2 et.’’ COMMITTEE ON INDIAN AFFAIRS p.m.–4 p.m. in Russell 432 for the pur- The PRESIDING OFFICER. Without pose of conducting a hearing. Mr. DORGAN. Mr. President, I would objection, it is so ordered. like to announce that the Committee The PRESIDING OFFICER. Without COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. on Indian Affairs will meet on Thurs- AND PENSIONS day, May 21, 2009 at 2:15 p.m. in room SUBCOMMITTEE ON IMMIGRATION, REFUGEES, Mr. INOUYE. Mr. President, I ask AND BORDER SECURITY 628 of the Dirksen Senate Office Build- unanimous consent that the Com- Mr. INOUYE. Mr. President, I ask ing to conduct an oversight hearing to mittee on Health, Education, Labor, unanimous consent that the Senate examine Executive Branch authority and Pensions be authorized to meet Committee on the Judiciary, Sub- to acquire trust lands for Indian during the session of the Senate on committee on Immigration, Refugees Tribes. Wednesday, May 20, 2009, at 2:30 p.m. in and Border Security, be authorized to Those wishing additional information room 430 of the Dirksen Senate office meet during the session of the Senate, may contact the Indian Affairs Com- building. to conduct a hearing entitled ‘‘Secur- mittee at 202–224–2251. The PRESIDING OFFICER. Without ing the Borders and America’s Points f objection, it is so ordered. of Entry, What Remains to Be Done’’ AUTHORITY FOR COMMITTEES TO COMMITTEE ON HOMELAND SECURITY AND on Wednesday, May 20, 2009, at 10 a.m., MEET GOVERNMENTAL AFFAIRS in room SD–226 of the Dirksen Senate Mr. INOUYE. Mr. President, I ask office building. COMMITTEE ON BANKING, HOUSING, AND URBAN The PRESIDING OFFICER. Without AFFAIRS unanimous consent that the Com- objection, it is so ordered. Mr. INOUYE. Mr. President, I ask mittee on Homeland Security and Gov- unanimous consent that the Com- ernmental Affairs be authorized to f mittee on Banking, Housing, and meet during the session of the Senate PRIVILEGES OF THE FLOOR on Wednesday, May 20, 2009, at 9:30 a.m. Urban Affairs be authorized to meet Mr. INOUYE. Mr. President, I ask during the session of the Senate on The PRESIDING OFFICER. Without objection, it is so ordered. unanimous consent that Mr. Robert May 20, 2009, at 9:30 a.m., to conduct a Berschinski, a detailee with the De- AD HOC SUBCOMMITTEE ON DISASTER RECOVERY hearing entitled ‘‘Oversight of the fense Appropriations Subcommittee, be Troubled Asset Relief Program.’’ Mr. INOUYE. Mr. President, I ask granted floor privileges during the con- The PRESIDING OFFICER. Without unanimous consent that the Ad Hoc sideration of this measure. objection, it is so ordered. Subcommittee on Disaster Recovery of The PRESIDING OFFICER. Without COMMITTEE ON COMMERCE, SCIENCE, AND the Committee on Homeland Security objection, it is so ordered. TRANSPORTATION and Governmental Affairs be author- Mr. LIEBERMAN. Mr. President, I Mr. INOUYE. Mr. President, I ask ized to meet during the session of the ask unanimous consent that MAJ unanimous consent that the Com- Senate on Wednesday, May 20 2009, at Brian Forrest, who is with me from the mittee on Commerce, Science, and 2:30 p.m. to conduct a hearing entitled, Army for a year, be given floor privi- Transportation be authorized to meet ‘‘The Role of the Community Develop- leges during the proceedings on the during the session of the Senate on ment Block Grant Program in Disaster supplemental appropriations bill. Wednesday, May 20, 2009, in Russell 253, Recovery.’’ The PRESIDING OFFICER. Without at 2 p.m. The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. f objection, it is so ordered. PERSONNEL SUBCOMMITTEE HELPING FAMILIES SAVE THEIR COMMITTEE ON FINANCE Mr. INOUYE. Mr. President, I ask HOMES ACT Mr. INOUYE. Mr. President, I ask unanimous consent that the Personnel unanimous consent that the Com- Subcommittee of the Committee on On Tuesday, May 19, 2009, the Senate mittee on Finance be authorized to Armed Services be authorized to meet passed S. 896, as amended, as follows: meet during the session of the Senate during the session of the Senate on S. 896 on Wednesday, May 20, 2009, at 10 a.m., Wednesday, May 20, 2009, at 2:30 p.m. Be it enacted by the Senate and House of Rep- in room 215 of the Dirksen Senate of- The PRESIDING OFFICER. Without resentatives of the United States of America in Congress assembled, fice building. objection, it is so ordered. DIVISION A—PREVENTING MORTGAGE The PRESIDING OFFICER. Without SUBCOMMITTEE ON CRIME AND DRUGS FORECLOSURES objection, it is so ordered. Mr. INOUYE. Mr. President, I ask SECTION 1. SHORT TITLE; TABLE OF CONTENTS. COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Senate (a) SHORT TITLE.—This division may be Mr. INOUYE. Mr. President, I ask Committee on the Judiciary, Sub- cited as the ‘‘Helping Families Save Their unanimous consent that the Com- committee on Crime and Drugs, be au- Homes Act of 2009’’.

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(b) TABLE OF CONTENTS.—The table of con- Sec. 703. Effect of foreclosure on section 8 the mortgagee is required to undertake contents of this division is the following: tenancies. cerning repayment by the mortgagor of the Sec. 1. Short title; table of contents. Sec. 704. Sunset. amount owed to the Secretary; TITLE I—PREVENTION OF MORTGAGE TITLE VIII—COMPTROLLER GENERAL ‘‘(G) the Secretary may authorize pay- FORECLOSURES ADDITIONAL AUDIT AUTHORITIES ments to the mortgagee on behalf of the bor- Sec. 101. Guaranteed rural housing loans. Sec. 801. Comptroller General additional rower, under such terms and conditions as Sec. 102. Modification of housing loans guar- audit authorities. are defined by the Secretary, based on suc- anteed by the Department of TITLE I—PREVENTION OF MORTGAGE cessful performance under the terms of the Veterans Affairs. FORECLOSURES mortgage modification, which shall be used to reduce the principal obligation under the Sec. 103. Additional funding for HUD pro- SEC. 101. GUARANTEED RURAL HOUSING modified mortgage; and grams to assist individuals to LOANS. better withstand the current ‘‘(H) the Secretary may authorize the UARANTEED RURAL HOUSING LOANS.— mortgage crisis. (a) G modification of mortgages with terms ex- Sec. 104. Mortgage modification data col- Section 502(h) of the Housing Act of 1949 (42 tended up to 40 years from the date of modi- U.S.C. 1472(h)) is amended— lecting and reporting. fication. (1) by redesignating paragraphs (13) and Sec. 105. Neighborhood Stabilization Pro- ‘‘(15) ASSIGNMENT.— (14) as paragraphs (16) and (17), respectively; gram Refinements. ‘‘(A) PROGRAM AUTHORITY.—The Secretary and may establish a program for assignment to TITLE II—FORECLOSURE MITIGATION (2) by inserting after paragraph (12) the fol- AND CREDIT AVAILABILITY lowing new paragraphs: the Secretary, upon request of the mortgagee, of a mortgage on a 1- to 4-family resi- Sec. 201. Servicer safe harbor for mortgage ‘‘(13) LOSS MITIGATION.—Upon default or loan modifications. imminent default of any mortgage guaran- dence guaranteed under this chapter. Sec. 202. Changes to HOPE for Homeowners teed under this subsection, mortgagees shall ‘‘(B) PROGRAM REQUIREMENTS.— Program. engage in loss mitigation actions for the pur- ‘‘(i) IN GENERAL.—The Secretary may en- Sec. 203. Requirements for FHA-approved pose of providing an alternative to fore- courage loan modifications for eligible delin- mortgagees. closure (including actions such as special quent mortgages or mortgages facing immi- Sec. 204. Enhancement of liquidity and sta- forbearance, loan modification, pre-fore- nent default, as defined by the Secretary, bility of insured depository in- closure sale, deed in lieu of foreclosure, as through the payment of the guaranty and as- stitutions to ensure avail- required, support for borrower housing coun- signment of the mortgage to the Secretary ability of credit and reduction seling, subordinate lien resolution, and bor- and the subsequent modification of the of foreclosures. rower relocation), as provided for by the Sec- terms of the mortgage according to a loan Sec. 205. Application of GSE conforming retary. modification approved under this section. loan limit to mortgages as- ‘‘(14) PAYMENT OF PARTIAL CLAIMS AND ‘‘(ii) ACCEPTANCE OF ASSIGNMENT.—The sisted with TARP funds. MORTGAGE MODIFICATIONS.—The Secretary Secretary may accept assignment of a mort- Sec. 206. Mortgages on certain homes on may authorize the modification of mortgage under a program under this subsection leased land. gages, and establish a program for payment only if— Sec. 207. Sense of Congress regarding mort- of a partial claim to a mortgagee that agrees ‘‘(I) the mortgage is in default or facing gage revenue bond purchases. to apply the claim amount to payment of a imminent default; TITLE III—MORTGAGE FRAUD TASK mortgage on a 1- to 4-family residence, for ‘‘(II) the mortgagee has modified the mort- FORCE mortgages that are in default or face immi- gage or qualified the mortgage for modifica- Sec. 301. Sense of the Congress on establish- nent default, as defined by the Secretary. tion sufficient to cure the default and pro- ment of a Nationwide Mortgage Any payment under such program directed vide for mortgage payments the mortgagor Fraud Task Force. to the mortgagee shall be made at the sole is reasonably able to pay, at interest rates TITLE IV—FORECLOSURE MORATORIUM discretion of the Secretary and on terms and not exceeding current market interest rates; PROVISIONS conditions acceptable to the Secretary, ex- and cept that— Sec. 401. Sense of the Congress on fore- ‘‘(III) the Secretary arranges for servicing ‘‘(A) the amount of the partial claim pay- of the assigned mortgage by a mortgagee closures. ment shall be in an amount determined by (which may include the assigning mort- Sec. 402. Public-Private Investment Pro- the Secretary, and shall not exceed an gagee) through procedures that the Sec- gram; Additional Appropria- amount equivalent to 30 percent of the un- retary has determined to be in the best in- tions for the Special Inspector paid principal balance of the mortgage and General for the Troubled Asset terests of the appropriate guaranty fund. any costs that are approved by the Sec- Relief Program. ‘‘(C) PAYMENT OF GUARANTY.—Under the retary; Sec. 403. Removal of requirement to liq- program under this paragraph, the Secretary ‘‘(B) the amount of the partial claim pay- uidate warrants under the ment shall be applied first to any out- may pay the guaranty for a mortgage, in the TARP. standing indebtedness on the mortgage, in- amount determined in accordance with para- Sec. 404. Notification of sale or transfer of cluding any arrearage, but may also include graph (2), without reduction for any amounts mortgage loans. principal reduction; modified, but only upon the assignment, TITLE V—FARM LOAN RESTRUCTURING ‘‘(C) the mortgagor shall agree to repay transfer, and delivery to the Secretary of all Sec. 501. Congressional Oversight Panel spe- the amount of the partial claim to the Sec- rights, interest, claims, evidence, and cial report. retary upon terms and conditions acceptable records with respect to the mortgage, as defined by the Secretary. TITLE VI—ENHANCED OVERSIGHT OF to the Secretary; ‘‘(D) DISPOSITION.—After modification of a THE TROUBLED ASSET RELIEF PRO- ‘‘(D) expenses related to a partial claim or mortgage pursuant to this paragraph, and as- GRAM modification are not to be charged to the borrower; signment of the mortgage, the Secretary Sec. 601. Enhanced oversight of the Troubled ‘‘(E) the Secretary may authorize com- may provide guarantees under this sub- Asset Relief Program. pensation to the mortgagee for lost income section for the mortgage. The Secretary may TITLE VII—PROTECTING TENANTS AT on monthly mortgage payments due to inter- subsequently— FORECLOSURE ACT est rate reduction; ‘‘(i) re-assign the mortgage to the mort- Sec. 701. Short title. ‘‘(F) the Secretary may reimburse the gagee under terms and conditions as are Sec. 702. Effect of foreclosure on preexisting mortgagee from the appropriate guaranty agreed to by the mortgagee and the Sec- tenancy. fund in connection with any activities that retary;

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5746 CONGRESSIONAL RECORD — SENATE May 20, 2009 ‘‘(ii) act as a Government National Mort- SEC. 103. ADDITIONAL FUNDING FOR HUD PRO- (1) A copy of the data collection instru- gage Association issuer, or contract with an GRAMS TO ASSIST INDIVIDUALS TO ment currently used by the Office of the entity for such purpose, in order to pool the BETTER WITHSTAND THE CURRENT Comptroller of the Currency and the Office MORTGAGE CRISIS. mortgage into a Government National Mort- of Thrift Supervision to collect data on loan (a) ADDITIONAL APPROPRIATIONS FOR AD- gage Association security; or modifications. VERTISING TO INCREASE PUBLIC AWARENESS ‘‘(iii) re-sell the mortgage in accordance (2) The total number of mortgage modifica- OF MORTGAGE SCAMS AND COUNSELING ASSIST- with any program that has been established tions resulting in each of the following: ANCE.—In addition to any amounts that may (A) Additions of delinquent payments and for purchase by the Federal Government of be appropriated for each of the fiscal years mortgages insured under this title, and the fees to loan balances. 2010 and 2011 for such purpose, there is au- (B) Interest rate reductions and freezes. Secretary may coordinate standards for in- thorized to be appropriated to the Secretary terest rate reductions available for loan (C) Term extensions. of Housing and Urban Development, to re- (D) Reductions of principal. modification with interest rates established main available until expended, $10,000,000 for for such purchase. (E) Deferrals of principal. each of the fiscal years 2010 and 2011 for pur- (F) Combinations of modifications de- ‘‘(E) LOAN SERVICING.—In carrying out the poses of providing additional resources to be scribed in subparagraph (A), (B), (C), (D), or program under this subsection, the Sec- used for advertising to raise awareness of (E). retary may require the existing servicer of a mortgage fraud and to support HUD pro- (3) The total number of mortgage modifica- mortgage assigned to the Secretary under grams and approved counseling agencies, tions in which the total monthly principal the program to continue servicing the mort- provided that such amounts are used to ad- and interest payment resulted in the fol- gage as an agent of the Secretary during the vertise in the 100 metropolitan statistical lowing: period that the Secretary acquires and holds areas with the highest rate of home fore- (A) An increase. the mortgage for the purpose of modifying closures, and provided, further that up to (B) Remained the same. the terms of the mortgage. If the mortgage $5,000,000 of such amounts are used for adver- (C) Decreased less than 10 percent. is resold pursuant to subparagraph (D)(iii), tisements designed to reach and inform (D) Decreased between 10 percent and 20 the Secretary may provide for the existing broad segments of the community. percent. servicer to continue to service the mortgage (b) ADDITIONAL APPROPRIATIONS FOR THE (E) Decreased 20 percent or more. or may engage another entity to service the HOUSING COUNSELING ASSISTANCE PROGRAM.— (4) The total number of loans that have mortgage.’’. In addition to any amounts that may be ap- been modified and then entered into default, propriated for each of the fiscal years 2010 where the loan modification resulted in— (b) TECHNICAL AMENDMENTS.—Subsection and 2011 for such purpose, there is authorized (h) of section 502 of the Housing Act of 1949 (A) higher monthly payments by the home- to be appropriated to the Secretary of Hous- owner; (42 U.S.C. 1472(h)) is amended— ing and Urban Development, to remain avail- (B) equivalent monthly payments by the (1) in paragraph (5)(A), by striking ‘‘(as de- able until expended, $50,000,000 for each of homeowner; fined in paragraph (13)’’ and inserting ‘‘(as the fiscal years 2010 and 2011 to carry out the (C) lower monthly payments by the home- defined in paragraph (17)’’; and Housing Counseling Assistance Program es- owner of up to 10 percent; (2) in paragraph (18)(E)(as so redesignated tablished within the Department of Housing (D) lower monthly payments by the home- by subsection (a)(2)), by— and Urban Development, provided that such owner of between 10 percent to 20 percent; or (A) striking ‘‘paragraphs (3), (6), (7)(A), (8), amounts are used to fund HUD-certified (E) lower monthly payments by the home- and (10)’’ and inserting ‘‘paragraphs (3), (6), housing-counseling agencies located in the owner of more than 20 percent. (7)(A), (8), (10), (13), and (14)’’; and 100 metropolitan statistical areas with the (b) DATA COLLECTION.— (B) striking ‘‘paragraphs (2) through (13)’’ highest rate of home foreclosures for the (1) REQUIRED.— and inserting ‘‘paragraphs (2) through (15)’’. purpose of assisting homeowners with inquiries regarding mortgage-modification assist- (A) IN GENERAL.—Not later than 60 days (c) PROCEDURE.— ance and mortgage scams. after the date of the enactment of this Act, (1) IN GENERAL.—The promulgation of regu- (c) ADDITIONAL APPROPRIATIONS FOR PER- the Comptroller of the Currency and the Di- lations necessitated and the administration SONNEL AT THE OFFICE OF FAIR HOUSING AND rector of the Office of Thrift Supervision, actions required by the amendments made EQUAL OPPORTUNITY.—In addition to any shall issue mortgage modification data col- by this section shall be made without regard amounts that may be appropriated for each lection and reporting requirements to insti- to— of the fiscal years 2010 and 2011 for such pur- tutions covered under the reporting require- (A) the notice and comment provisions of pose, there is authorized to be appropriated ment of the mortgage metrics program of section 553 of title 5, United States Code; to the Secretary of Housing and Urban De- the Comptroller or the Director. (B) the Statement of Policy of the Sec- velopment, to remain available until ex- (B) INCLUSIVENESS OF COLLECTIONS.—The retary of Agriculture effective July 24, 1971 pended, $5,000,000 for each of the fiscal years requirements under subparagraph (A) shall (36 Fed. Reg. 13804), relating to notices of 2010 and 2011 for purposes of hiring additional provide for the collection of all mortgage proposed rulemaking and public participa- personnel at the Office of Fair Housing and modification data needed by the Comptroller tion in rulemaking; and Equal Opportunity within the Department of of the Currency and the Director of the Of- (C) chapter 35 of title 44, United States Housing and Urban Development, provided fice of Thrift Supervision to fulfill the re- Code (commonly known as the ‘‘Paperwork that such amounts are used to hire personnel porting requirements under subsection (a). Reduction Act’’). at the local branches of such Office located (2) REPORT.—The Comptroller of the Cur- (2) CONGRESSIONAL REVIEW OF AGENCY RULE- in the 100 metropolitan statistical areas with rency shall report all requirements established under paragraph (1) to each com- MAKING.—In carrying out this section, and the highest rate of home foreclosures. mittee receiving the report required under the amendments made by this section, the SEC. 104. MORTGAGE MODIFICATION DATA COL- subsection (a). Secretary shall use the authority provided LECTING AND REPORTING. under section 808 of title 5, United States (a) REPORTING REQUIREMENTS.—Not later SEC. 105. NEIGHBORHOOD STABILIZATION PRO- Code. than 120 days after the date of the enactment GRAM REFINEMENTS. of this Act, and quarterly thereafter, the (a) IN GENERAL.—Section 2301(c) of the SEC. 102. MODIFICATION OF HOUSING LOANS Comptroller of the Currency and the Direc- GUARANTEED BY THE DEPARTMENT Foreclosure Prevention Act of 2008 (42 U.S.C. OF VETERANS AFFAIRS. tor of the Office of Thrift Supervision, shall 5301 note) is amended— jointly submit a report to the Committee on (1) by redesignating paragraph (3) as para- (a) MATURITY OF HOUSING LOANS.—Section Banking, Housing, and Urban Affairs of the graph (4); and 3703(d)(1) of title 38, United States Code, is Senate, the Committee on Financial Serv- (2) by inserting after paragraph (2) the fol- amended by inserting ‘‘at the time of origi- ices of the House of Representatives on the lowing new paragraph: nation’’ after ‘‘loan’’. volume of mortgage modifications reported ‘‘(3) EXCEPTION FOR CERTAIN STATES.—Each to the Office of the Comptroller of the Cur- State that has received the minimum alloca- (b) IMPLEMENTATION.—The Secretary of rency and the Office of Thrift Supervision, tion of amounts pursuant to the requirement Veterans Affairs may implement the amend- under the mortgage metrics program of each under section 2302 may, to the extent such ments made by this section through notice, such Office, during the previous quarter, in- State has fulfilled the requirements of para- procedure notice, or administrative notice. cluding the following: graph (2), distribute any remaining amounts

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to areas with homeowners at risk of fore- ‘‘(c) STANDARD INDUSTRY PRACTICE.—The (j), (l), (n), (s)(3), and (v) and inserting ‘‘Sec- closure or in foreclosure without regard to qualified loss mitigation plan guidelines retary’’; the percentage of home foreclosures in such issued by the Secretary of the Treasury (3) in subsection (e)— areas.’’. under the Emergency Economic Stabiliza- (A) by striking paragraph (1) and inserting (b) RETROACTIVE EFFECTIVE DATE.—The tion Act of 2008 shall constitute standard in- the following: amendment made by subsection (a) shall dustry practice for purposes of all Federal ‘‘(1) BORROWER CERTIFICATION.— take effect as if enacted on the date of enact- and State laws. ‘‘(A) NO INTENTIONAL DEFAULT OR FALSE IN- ment of the Foreclosure Prevention Act of ‘‘(d) SCOPE OF SAFE HARBOR.—Any person, FORMATION.—The mortgagor shall provide a 2008 (Public Law 110–289). including a trustee, issuer, and loan origi- certification to the Secretary that the mort- TITLE II—FORECLOSURE MITIGATION nator, shall not be liable for monetary dam- gagor has not intentionally defaulted on the AND CREDIT AVAILABILITY ages or be subject to an injunction, stay, or existing mortgage or mortgages or any other other equitable relief, based solely upon the SEC. 201. SERVICER SAFE HARBOR FOR MORT- substantial debt within the last 5 years and GAGE LOAN MODIFICATIONS. cooperation of such person with a servicer has not knowingly, or willfully and with ac- when such cooperation is necessary for the (a) CONGRESSIONAL FINDINGS.—Congress tual knowledge, furnished material informa- finds the following: servicer to implement a qualified loss miti- tion known to be false for the purpose of ob- (1) Increasing numbers of mortgage fore- gation plan that meets the requirements of taining the eligible mortgage to be insured subsection (a). closures are not only depriving many Ameri- and has not been convicted under Federal or ‘‘(e) REPORTING.—Each servicer that en- State law for fraud during the 10-year period cans of their homes, but are also desta- gages in qualified loss mitigation plans bilizing property values and negatively af- ending upon the insurance of the mortgage under this section shall regularly report to under this section. fecting State and local economies as well as the Secretary of the Treasury the extent, the national economy. ‘‘(B) LIABILITY FOR REPAYMENT.—The mort- scope, and results of the servicer’s modifica- gagor shall agree in writing that the mort- (2) In order to reduce the number of fore- tion activities. The Secretary of the Treas- closures and to stabilize property values, gagor shall be liable to repay to the Sec- ury shall prescribe regulations or guidance retary any direct financial benefit achieved local economies, and the national economy, specifying the form, content, and timing of from the reduction of indebtedness on the ex- servicers must be given— such reports. isting mortgage or mortgages on the resi- (A) authorization to— ‘‘(f) DEFINITIONS.—As used in this section— (i) modify mortgage loans and engage in ‘‘(1) the term ‘qualified loss mitigation dence refinanced under this section derived other loss mitigation activities consistent plan’ means— from misrepresentations made by the mort- with applicable guidelines issued by the Sec- ‘‘(A) a residential loan modification, work- gagor in the certifications and documenta- retary of the Treasury or his designee under out, or other loss mitigation plan, including tion required under this paragraph, subject the Emergency Economic Stabilization Act to the extent that the Secretary of the to the discretion of the Secretary. URRENT BORROWER DEBT-TO-INCOME of 2008; and Treasury determines appropriate, a loan ‘‘(C) C RATIO.—As of the date of application for a (ii) refinance mortgage loans under the sale, real property disposition, trial modi- commitment to insure or insurance under Hope for Homeowners program; and fication, pre-foreclosure sale, and deed in this section, the mortgagor shall have had, (B) a safe harbor to enable such servicers lieu of foreclosure, that is described or au- or thereafter is likely to have, due to the to exercise these authorities. thorized in guidelines issued by the Sec- terms of the mortgage being reset, a ratio of (b) SAFE HARBOR.—Section 129A of the retary of the Treasury or his designee under mortgage debt to income, taking into con- Truth in Lending Act (15 U.S.C. 1639a) is the Emergency Economic Stabilization Act sideration all existing mortgages of that amended to read as follows: of 2008; and mortgagor at such time, greater than 31 per- ‘‘SEC. 129. DUTY OF SERVICERS OF RESIDENTIAL ‘‘(B) a refinancing of a mortgage under the cent (or such higher amount as the Sec- MORTGAGES. Hope for Homeowners program; retary determines appropriate).’’; ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘(2) the term ‘servicer’ means the person (B) in paragraph (4)— other provision of law, whenever a servicer responsible for the servicing for others of (i) in subparagraph (A), by striking ‘‘, sub- of residential mortgages agrees to enter into residential mortgage loans (including of a ject to standards established by the Board a qualified loss mitigation plan with respect pool of residential mortgage loans); and under subparagraph (B),’’; and to 1 or more residential mortgages origi- ‘‘(3) the term ‘securitization vehicle’ (ii) in subparagraph (B)(i), by striking nated before the date of enactment of the means a trust, special purpose entity, or ‘‘shall’’ and inserting ‘‘may’’; and Helping Families Save Their Homes Act of other legal structure that is used to facili- (C) in paragraph (7), by striking ‘‘; and pro- 2009, including mortgages held in a tate the issuing of securities, participation vided that’’ and all that follows through securitization or other investment vehicle— certificates, or similar instruments backed ‘‘new second lien’’; ‘‘(1) to the extent that the servicer owes a by or referring to a pool of assets that in- (D) in paragraph (9)— duty to investors or other parties to maxi- cludes residential mortgages (or instruments (i) by striking ‘‘by procuring (A) an income mize the net present value of such mort- that are related to residential mortgages tax return transcript of the income tax re- gages, the duty shall be construed to apply such as credit-linked notes). to all such investors and parties, and not to ‘‘(g) RULE OF CONSTRUCTION.—No provision turn of the mortgagor, or (B)’’ and inserting any individual party or group of parties; and of subsection (b) or (d) shall be construed as ‘‘in accordance with procedures and stand- ‘‘(2) the servicer shall be deemed to have affecting the liability of any servicer or per- ards that the Secretary shall establish (pro- satisfied the duty set forth in paragraph (1) son as described in subsection (d) for actual vided that such procedures and standards are if, before December 31, 2012, the servicer im- fraud in the origination or servicing of a consistent with section 203(b) to the max- plements a qualified loss mitigation plan loan or in the implementation of a qualified imum extent possible) which may include re- that meets the following criteria: loss mitigation plan, or for the violation of a quiring the mortgagee to procure’’; and ‘‘(A) Default on the payment of such mort- State or Federal law, including laws regu- (ii) by striking ‘‘and by any other method, gage has occurred, is imminent, or is reason- lating the origination of mortgage loans, in accordance with procedures and standards ably foreseeable, as such terms are defined commonly referred to as predatory lending that the Board shall establish’’; by guidelines issued by the Secretary of the laws.’’. (E) in paragraph (10)— Treasury or his designee under the Emer- SEC. 202. CHANGES TO HOPE FOR HOMEOWNERS (i) by striking ‘‘The mortgagor shall not’’ gency Economic Stabilization Act of 2008. PROGRAM. and inserting the following: ‘‘(B) The mortgagor occupies the property (a) PROGRAM CHANGES.—Section 257 of the ‘‘(A) PROHIBITION.—The mortgagor shall securing the mortgage as his or her principal National Housing Act (12 U.S.C. 1715z–23) is not’’; and residence. amended— (ii) by adding at the end the following: ‘‘(C) The servicer reasonably determined, (1) in subsection (c)— ‘‘(B) DUTY OF MORTGAGEE.—The duty of the consistent with the guidelines issued by the (A) in the heading for paragraph (1), by mortgagee to ensure that the mortgagor is Secretary of the Treasury or his designee, striking ‘‘THE BOARD’’ and inserting ‘‘SEC- in compliance with the prohibition under that the application of such qualified loss RETARY’’; subparagraph (A) shall be satisfied if the mitigation plan to a mortgage or class of (B) in paragraph (1), by striking ‘‘Board’’ mortgagee makes a good faith effort to de- mortgages will likely provide an anticipated inserting ‘‘Secretary, after consultation with termine that the mortgagor has not been recovery on the outstanding principal mort- the Board,’’; convicted under Federal or State law for gage debt that will exceed the anticipated (C) in paragraph (1)(A), by inserting ‘‘con- fraud during the period described in subpara- recovery through foreclosures. sistent with section 203(b) to the maximum graph (A).’’; ‘‘(b) NO LIABILITY.—A servicer that is extent possible’’ before the semicolon; and (F) in paragraph (11), by inserting before deemed to be acting in the best interests of (D) by adding after paragraph (2) the fol- the period at the end the following: ‘‘, except all investors or other parties under this sec- lowing: that the Secretary may provide exceptions tion shall not be liable to any party who is ‘‘(3) DUTIES OF BOARD.—The Board shall ad- to such latter requirement (relating to owed a duty under subsection (a)(1), and vise the Secretary regarding the establish- present ownership interest) for any mort- shall not be subject to any injunction, stay, ment and implementation of the HOPE for gagor who has inherited a property’’; and or other equitable relief to such party, based Homeowners Program.’’; (G) by adding at the end: solely upon the implementation by the (2) by striking ‘‘Board’’ each place such ‘‘(12) BAN ON MILLIONAIRES.—The mort- servicer of a qualified loss mitigation plan. term appears in subsections (e), (h)(1), (h)(3), gagor shall not have a net worth, as of the

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date the mortgagor first applies for a mort- ‘‘(y) AUCTIONS.—The Secretary, with the ‘‘(D) engaged in business practices that do gage to be insured under the Program under concurrence of the Board, shall, if feasible, not conform to generally accepted practices this section, that exceeds $1,000,000.’’; establish a structure and organize proce- of prudent mortgagees or that demonstrate (4) in subsection (h)(2), by striking ‘‘The dures for an auction to refinance eligible irresponsibility; Board shall prohibit the Secretary from pay- mortgages on a wholesale or bulk basis.’’. ‘‘(E) convicted of, or who has pled guilty or ing’’ and inserting ‘‘The Secretary shall not (b) REDUCING TARP FUNDS TO OFFSET nolo contendre to, a felony related to par- pay’’; and COSTS OF PROGRAM CHANGES.—Paragraph (3) ticipation in the real estate or mortgage (5) in subsection (i)— of section 115(a) of the Emergency Economic loan industry— (A) by redesignating paragraphs (1) and (2) Stabilization Act of 2008 (12 U.S.C. 5225) is ‘‘(i) during the 7-year period preceding the as subparagraphs (A) and (B), respectively, amended by inserting ‘‘, as such amount is date of the application for licensing and reg- and adjusting the margins accordingly; reduced by $1,244,000,000,’’ after istration; or (B) in the matter preceding subparagraph ‘‘$700,000,000,000’’. ‘‘(ii) at any time preceding such date of ap- (c) TECHNICAL CORRECTION.—The second (A), as redesignated by this paragraph, by plication, if such felony involved an act of section 257 of the National Housing Act striking ‘‘For each’’ and inserting the fol- fraud, dishonesty, or a breach of trust, or (Public Law 110–289; 122 Stat. 2839; 12 U.S.C. lowing: money laundering; 1715z–24) is amended by striking the section ‘‘(1) PREMIUMS.—For each’’; ‘‘(F) in violation of provisions of the heading and inserting the following: (C) in subparagraph (A), as redesignated by S.A.F.E. Mortgage Licensing Act of 2008 (12 ‘‘SEC. 258. PILOT PROGRAM FOR AUTOMATED this paragraph, by striking ‘‘equal to 3 per- U.S.C. 5101 et seq.) or any applicable provi- cent’’ and inserting ‘‘not more than 3 per- PROCESS FOR BORROWERS WITH- OUT SUFFICIENT CREDIT HISTORY.’’. sion of State law; or cent’’; and SEC. 203. REQUIREMENTS FOR FHA-APPROVED ‘‘(G) in violation of any other requirement (D) in subparagraph (B), as redesignated by MORTGAGEES. as established by the Secretary. this paragraph, by striking ‘‘equal to 1.5 per- (a) MORTGAGEE REVIEW BOARD.— ‘‘(3) RULEMAKING AND IMPLEMENTATION.— cent’’ and inserting ‘‘not more than 1.5 per- (1) IN GENERAL.—Section 202(c)(2) of the Na- The Secretary shall conduct a rulemaking to cent’’; tional Housing Act (12 U.S.C. 1708(c)) is carry out this subsection. The Secretary (E) by adding at the end the following: amended— shall implement this subsection not later ‘‘(2) CONSIDERATIONS.—In setting the pre- (A) in subparagraph (E), by inserting than the expiration of the 60-day period be- mium under this subsection, the Secretary ‘‘and’’ after the semicolon; ginning upon the date of the enactment of shall consider— (B) in subparagraph (F), by striking ‘‘; this subsection by notice, mortgagee letter, ‘‘(A) the financial integrity of the HOPE and’’ and inserting ‘‘or their designees.’’; and or interim final regulations, which shall for Homeowners Program; and (C) by striking subparagraph (G). take effect upon issuance.’’; and ‘‘(B) the purposes of the HOPE for Home- (2) PROHIBITION AGAINST LIMITATIONS ON (3) by adding at the end the following new owners Program described in subsection MORTGAGEE REVIEW BOARD’S POWER TO TAKE subsection: (b).’’; ACTION AGAINST MORTGAGEES.—Section 202(c) (6) in subsection (k)— of the National Housing Act (12 U.S.C. ‘‘(h) USE OF NAME.—The Secretary shall, (A) by striking the subsection heading and 1708(c)) is amended by adding at the end the by regulation, require each mortgagee ap- inserting ‘‘EXIT FEE’’; following new paragraph: proved by the Secretary for participation in (B) in paragraph (1), in the matter pre- ‘‘(9) PROHIBITION AGAINST LIMITATIONS ON the FHA mortgage insurance programs of ceding subparagraph (A), by striking ‘‘such MORTGAGEE REVIEW BOARD’S POWER TO TAKE the Secretary— sale or refinancing’’ and inserting ‘‘the mort- ACTION AGAINST MORTGAGEES.—No State or ‘‘(1) to use the business name of the mortgage being insured under this section’’; and local law, and no Federal law (except a Fed- gagee that is registered with the Secretary (C) in paragraph (2), by striking ‘‘and the eral law enacted expressly in limitation of in connection with such approval in all ad- mortgagor’’ and all that follows through the this subsection after the effective date of vertisements and promotional materials, as end and inserting ‘‘may, upon any sale or this sentence), shall preclude or limit the ex- such terms are defined by the Secretary, re- disposition of the property to which the ercise by the Board of its power to take any lating to the business of such mortgagee in mortgage relates, be entitled to up to 50 per- action authorized under paragraphs (3) and such mortgage insurance programs; and cent of appreciation, up to the appraised (6) of this subsection against any mort- ‘‘(2) to maintain copies of all such adver- value of the home at the time when the gagee.’’. tisements and promotional materials, in mortgage being refinanced under this section (b) LIMITATIONS ON PARTICIPATION AND such form and for such period as the Sec- was originally made. The Secretary may MORTGAGEE APPROVAL AND USE OF NAME.— retary requires.’’. share any amounts received under this para- Section 202 of the National Housing Act (12 graph with or assign the rights of any U.S.C. 1708) is amended— (c) PAYMENT FOR LOSS MITIGATION.—Sec- amounts due to the Secretary to the holder (1) by redesignating subsections (d), (e), tion 204(a)(2) of the National Housing Act (12 of the existing senior mortgage on the eligi- and (f) as subsections (e), (f), and (g), respec- U.S.C. 1710(a)(2)) is amended— ble mortgage, the holder of any existing sub- tively; (1) by inserting ‘‘or faces imminent de- ordinate mortgage on the eligible mortgage, (2) by inserting after subsection (c) the fol- fault, as defined by the Secretary’’ after ‘‘de- or both.’’; lowing new subsection: fault’’; (7) in the heading for subsection (n), by ‘‘(d) LIMITATIONS ON PARTICIPATION IN (2) by inserting ‘‘support for borrower striking ‘‘THE BOARD’’ and inserting ‘‘SEC- ORIGINATION AND MORTGAGEE APPROVAL.— housing counseling, partial claims, borrower RETARY’’; ‘‘(1) REQUIREMENT.—Any person or entity incentives, preforeclosure sale,’’ after ‘‘loan (8) in subsection (p), by striking ‘‘Under that is not approved by the Secretary to modification,’’; and the direction of the Board, the’’ and insert- serve as a mortgagee, as such term is defined (3) by striking ‘‘204(a)(1)(A)’’ and inserting ing ‘‘The’’; in subsection (c)(7), shall not participate in ‘‘subsection (a)(1)(A) or section 230(c)’’. the origination of an FHA-insured loan ex- (9) in subsection (s)— (d) PAYMENT OF FHA MORTGAGE INSURANCE (A) in the first sentence of paragraph (2), cept as authorized by the Secretary. BENEFITS.— by striking ‘‘Board of Directors of’’ and in- ‘‘(2) ELIGIBILITY FOR APPROVAL.—In order (1) ADDITIONAL LOSS MITIGATION ACTIONS.— serting ‘‘Advisory Board for’’; and to be eligible for approval by the Secretary, Section 230(a) of the National Housing Act (B) in paragraph (3)(A)(ii), by striking an applicant mortgagee shall not be, and (12 U.S.C. 1715u(a)) is amended— ‘‘subsection (e)(1)(B) and such other’’ and in- shall not have any officer, partner, director, (A) by inserting ‘‘or imminent default, as serting ‘‘such’’; principal, manager, supervisor, loan proc- defined by the Secretary’’ after ‘‘default’’; (10) in subsection (v), by inserting after the essor, loan underwriter, or loan originator of (B) by striking ‘‘loss’’ and inserting period at the end the following: ‘‘The Sec- the applicant mortgagee who is— ‘‘loan’’; retary shall conform documents, forms, and ‘‘(A) currently suspended, debarred, under (C) by inserting ‘‘preforeclosure sale, sup- procedures for mortgages insured under this a limited denial of participation (LDP), or port for borrower housing counseling, subor- section to those in place for mortgages in- otherwise restricted under part 25 of title 24 dinate lien resolution, borrower incentives,’’ sured under section 203(b) to the maximum of the Code of Federal Regulations, 2 Code of after ‘‘loan modification,’’; extent possible consistent with the require- Federal Regulations, part 180 as imple- (D) by inserting ‘‘as required,’’ after ‘‘deeds ments of this section.’’; and mented by part 2424, or any successor regula- in lieu of foreclosure,’’; and (11) by adding at the end the following new tions to such parts, or under similar provi- (E) by inserting ‘‘or section 230(c),’’ before subsections: sions of any other Federal agency; ‘‘as provided’’. ‘‘(x) PAYMENTS TO SERVICERS AND ORIGINA- ‘‘(B) under indictment for, or has been con- (2) AMENDMENT TO PARTIAL CLAIM AUTHOR- TORS.—The Secretary may establish a pay- victed of, an offense that reflects adversely ment to the— upon the applicant’s integrity, competence ITY.—Section 230(b) of the National Housing ‘‘(1) servicer of the existing senior mort- or fitness to meet the responsibilities of an Act (12 U.S.C. 1715u(b)) is amended to read as gage or existing subordinate mortgage for approved mortgagee; follows: every loan insured under the HOPE for ‘‘(C) subject to unresolved findings con- ‘‘(b) PAYMENT OF PARTIAL CLAIM.— Homeowners Program; and tained in a Department of Housing and ‘‘(1) ESTABLISHMENT OF PROGRAM.—The ‘‘(2) originator of each new loan insured Urban Development or other governmental Secretary may establish a program for pay- under the HOPE for Homeowners Program. audit, investigation, or review; ment of a partial claim to a mortgagee that

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5749 agrees to apply the claim amount to pay- upon the assignment, transfer, and delivery or any implementing regulation, handbook, ment of a mortgage on a 1- to 4-family resi- to the Secretary of all rights, interest, or mortgagee letter that is issued under this dence that is in default or faces imminent claims, evidence, and records with respect to Act.’’; and default, as defined by the Secretary. the mortgage specified in clauses (i) through (iii) by inserting after subparagraph (J) the ‘‘(2) PAYMENTS AND EXCEPTIONS.—Any pay- (iv) of section 204(a)(1)(A). following: ment of a partial claim under the program ‘‘(C) DISPOSITION.—After modification of a ‘‘(K) Violation of section 202(d) of this Act established in paragraph (1) to a mortgagee mortgage pursuant to this paragraph, the (12 U.S.C. 1708(d)). shall be made in the sole discretion of the Secretary may provide insurance under this ‘‘(L) Use of ‘Federal Housing Administra- Secretary and on terms and conditions ac- title for the mortgage. The Secretary may tion’, ‘Department of Housing and Urban De- ceptable to the Secretary, except that— subsequently— velopment’, ‘Government National Mortgage ‘‘(A) the amount of the payment shall be in ‘‘(i) re-assign the mortgage to the mort- Association’, ‘Ginnie Mae’, the acronyms an amount determined by the Secretary, not gagee under terms and conditions as are ‘HUD’, ‘FHA’, or ‘GNMA’, or any official seal to exceed an amount equivalent to 30 percent agreed to by the mortgagee and the Sec- or logo of the Department of Housing and of the unpaid principal balance of the mort- retary; Urban Development, except as authorized by gage and any costs that are approved by the ‘‘(ii) act as a Government National Mort- the Secretary.’’; Secretary; gage Association issuer, or contract with an (B) in paragraph (2)— ‘‘(B) the amount of the partial claim pay- entity for such purpose, in order to pool the (i) in subparagraph (B), by striking ‘‘or’’ at ment shall first be applied to any arrearage mortgage into a Government National Mort- the end; on the mortgage, and may also be applied to gage Association security; or (ii) in subparagraph (C), by striking the pe- achieve principal reduction; ‘‘(iii) re-sell the mortgage in accordance riod at the end and inserting ‘‘; or’’; and ‘‘(C) the mortgagor shall agree to repay with any program that has been established (iii) by adding at the end the following new the amount of the insurance claim to the for purchase by the Federal Government of subparagraph: Secretary upon terms and conditions accept- mortgages insured under this title, and the ‘‘(D) causing or participating in any of the able to the Secretary; Secretary may coordinate standards for in- violations set forth in paragraph (1) of this ‘‘(D) the Secretary may permit compensa- terest rate reductions available for loan subsection.’’; and tion to the mortgagee for lost income on modification with interest rates established (C) by amending paragraph (3) to read as monthly payments, due to a reduction in the for such purchase. follows: interest rate charged on the mortgage; ‘‘(D) LOAN SERVICING.—In carrying out this ‘‘(3) PROHIBITION AGAINST MISLEADING USE ‘‘(E) expenses related to the partial claim paragraph, the Secretary may require the ex- OF FEDERAL ENTITY DESIGNATION.—The Sec- or modification may not be charged to the isting servicer of a mortgage assigned to the retary may impose a civil money penalty, as borrower; Secretary to continue servicing the mort- adjusted from time to time, under subsection ‘‘(F) loans may be modified to extend the gage as an agent of the Secretary during the (a) for any use of ‘Federal Housing Adminis- term of the mortgage to a maximum of 40 period that the Secretary acquires and holds tration’, ‘Department of Housing and Urban years from the date of the modification; and the mortgage for the purpose of modifying Development’, ‘Government National Mort- ‘‘(G) the Secretary may permit incentive the terms of the mortgage, provided that the gage Association’, ‘Ginnie Mae’, the acro- payments to the mortgagee, on the bor- Secretary compensates the existing servicer nyms ‘HUD’, ‘FHA’, or ‘GNMA’, or any offi- rower’s behalf, based on successful perform- appropriately, as such compensation is de- cial seal or logo of the Department of Hous- ance of a modified mortgage, which shall be termined by the Secretary consistent, to the ing and Urban Development, by any person, used to reduce the amount of principal in- maximum extent possible, with section party, company, firm, partnership, or busi- debtedness. 203(b). If the mortgage is resold pursuant to ness, including sellers of real estate, closing ‘‘(3) PAYMENTS IN CONNECTION WITH CERTAIN subparagraph (C)(iii), the Secretary may pro- agents, title companies, real estate agents, ACTIVITIES.—The Secretary may pay the vide for the existing servicer to continue to mortgage brokers, appraisers, loan cor- mortgagee, from the appropriate insurance service the mortgage or may engage another respondents, and dealers, except as author- fund, in connection with any activities that entity to service the mortgage.’’. ized by the Secretary.’’; and the mortgagee is required to undertake con- MPLEMENTATION.—The Secretary of cerning repayment by the mortgagor of the (4) I (2) in subsection (g), by striking ‘‘The amount owed to the Secretary.’’. Housing and Urban Development may imple- term’’ and all that follows through the end ment the amendments made by this sub- of the sentence and inserting ‘‘For purposes (3) ASSIGNMENT.—Section 230(c) of the Na- tional Housing Act (12 U.S.C. 1715u(c)) is section through notice or mortgagee letter. of this section, a person acts knowingly amended— (e) CHANGE OF STATUS.—The National when a person has actual knowledge of acts (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; Housing Act is amended by striking section or should have known of the acts.’’. (g) EXPANDED REVIEW OF FHA MORTGAGEE (B) by redesignating paragraphs (1), (2), 532 (12 U.S.C. 1735f–10) and inserting the fol- APPLICANTS AND NEWLY APPROVED MORTGA- and (3) as subparagraphs (A), (B), and (C), re- lowing new section: GEES.—Not later than the expiration of the 3- spectively; ‘‘SEC. 532. CHANGE OF MORTGAGEE STATUS. month period beginning upon the date of the (C) in paragraph (1)(B) (as so redesig- ‘‘(a) NOTIFICATION.—Upon the occurrence of enactment of this Act, the Secretary of nated)— any action described in subsection (b), an ap- Housing and Urban Development shall— (i) by redesignating subparagraphs (A), (B), proved mortgagee shall immediately submit (1) expand the existing process for review- and (C) as clauses (i), (ii), and (iii), respec- to the Secretary, in writing, notification of ing new applicants for approval for partici- tively; such occurrence. pation in the mortgage insurance programs (ii) in the matter preceding clause (i) (as so ‘‘(b) ACTIONS.—The actions described in of the Secretary for mortgages on 1- to 4- redesignated), by striking ‘‘under a program this subsection are as follows: family residences for the purpose of identi- under this subsection’’ and inserting ‘‘under ‘‘(1) The debarment, suspension or a Lim- fying applicants who represent a high risk to this paragraph’’; and ited Denial of Participation (LDP), or appli- the Mutual Mortgage Insurance Fund; and (iii) in clause (i) (as so redesignated), by in- cation of other sanctions, other exclusions, (2) implement procedures that, for mortga- serting ‘‘or facing imminent default, as defines, or penalties applied to the mortgagee gees approved during the 12-month period fined by the Secretary’’ after ‘‘default’’; or to any officer, partner, director, principal, ending upon such date of enactment— (D) in paragraph (1)(C) (as so redesignated), manager, supervisor, loan processor, loan un- (A) expand the number of mortgages origi- by striking ‘‘under a program under this sub- derwriter, or loan originator of the mort- nated by such mortgagees that are reviewed section’’ and inserting ‘‘under this para- gagee pursuant to applicable provisions of for compliance with applicable laws, regula- graph’’; and State or Federal law. tions, and policies; and (E) by adding at the end the following: ‘‘(2) The revocation of a State-issued mort- (B) include a process for random reviews of ‘‘(2) ASSIGNMENT AND LOAN MODIFICATION.— gage loan originator license issued pursuant such mortgagees and a process for reviews ‘‘(A) AUTHORITY.—The Secretary may en- to the S.A.F.E. Mortgage Licensing Act of that is based on volume of mortgages origi- courage loan modifications for eligible delin- 2008 (12 U.S.C. 5101 et seq.) or any other simi- nated by such mortgagees. quent mortgages or mortgages facing immi- lar declaration of ineligibility pursuant to nent default, as defined by the Secretary, State law.’’. SEC. 204. ENHANCEMENT OF LIQUIDITY AND STA- BILITY OF INSURED DEPOSITORY IN- through the payment of insurance benefits (f) CIVIL MONEY PENALTIES.—Section 536 of STITUTIONS TO ENSURE AVAIL- and assignment of the mortgage to the Sec- the National Housing Act (12 U.S.C. 1735f–14) ABILITY OF CREDIT AND REDUC- retary and the subsequent modification of is amended— TION OF FORECLOSURES. the terms of the mortgage according to a (1) in subsection (b)— (a) TEMPORARY INCREASE IN DEPOSIT INSUR- loan modification approved by the mort- (A) in paragraph (1)— ANCE EXTENDED.—Section 136 of the Emer- gagee. (i) in the matter preceding subparagraph gency Economic Stabilization Act of 2008 (12 ‘‘(B) PAYMENT OF BENEFITS AND ASSIGN- (A), by inserting ‘‘or any of its owners, offi- U.S.C. 5241) is amended— MENT.—In carrying out this paragraph, the cers, or directors’’ after ‘‘mortgagee or lend- (1) in subsection (a)— Secretary may pay insurance benefits for a er’’; (A) in paragraph (1), by striking ‘‘Decem- mortgage, in the amount determined in ac- (ii) in subparagraph (H), by striking ‘‘title ber 31, 2009’’ and inserting ‘‘December 31, cordance with section 204(a)(5), without re- I’’ and all that follows through ‘‘under this 2013’’; duction for any amounts modified, but only Act.’’ and inserting ‘‘title I or II of this Act, (B) by striking paragraph (2);

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(C) by redesignating paragraph (3) as para- (3) TEMPORARY INCREASES OF BORROWING subparagraph (C) without any determination graph (2); and AUTHORITY FOR NCUA.—Section 203(d) of the under sub-clause (I) having been made, (D) in paragraph (2), as so redesignated, by Federal Credit Union Act (12 U.S.C. 1783(d)) the Board shall establish and implement a striking ‘‘December 31, 2009’’ and inserting is amended by adding at the end the fol- restoration plan within 90 days that meets ‘‘December 31, 2013’’; and lowing: the requirements of clause (ii) and such (2) in subsection (b)— ‘‘(4) TEMPORARY INCREASES AUTHORIZED.— other conditions as the Board determines to (A) in paragraph (1), by striking ‘‘Decem- ‘‘(A) RECOMMENDATIONS FOR INCREASE.— be appropriate. ber 31, 2009’’ and inserting ‘‘December 31, During the period beginning on the date of ‘‘(ii) REQUIREMENTS OF RESTORATION 2013’’; enactment of this paragraph and ending on PLAN.—A restoration plan meets the require- (B) by striking paragraph (2); December 31, 2010, if, upon the written rec- ments of this clause if the plan provides that (C) by redesignating paragraph (3) as para- ommendation of the Board (upon a vote of the equity ratio of the Fund will meet or ex- graph (2); and not less than two-thirds of the members of ceed the minimum amount specified in sub- (D) in paragraph (2), as so redesignated, by the Board) and the Board of Governors of the paragraph (C) before the end of the 8-year pe- striking ‘‘December 31, 2009’’ and inserting Federal Reserve System (upon a vote of not riod beginning upon the implementation of ‘‘December 31, 2013’’; and less than two-thirds of the members of such the plan (or such longer period as the Board (b) EXTENSION OF RESTORATION PLAN PE- Board), the Secretary of the Treasury (in may determine to be necessary due to ex- RIOD.—Section 7(b)(3)(E)(ii) of the Federal consultation with the President) determines traordinary circumstances). Deposit Insurance Act (12 U.S.C. that additional amounts above the ‘‘(iii) TRANSPARENCY.—Not more than 30 1817(b)(3)(E)(ii)) is amended by striking ‘‘5- $6,000,000,000 amount specified in paragraph days after the Board establishes and imple- year period’’ and inserting ‘‘8-year period’’. (1) are necessary, such amount shall be in- ments a restoration plan under clause (i), the (c) FDIC AND NCUA BORROWING AUTHOR- creased to the amount so determined to be Board shall publish in the Federal Register a ITY.— necessary, not to exceed $30,000,000,000. detailed analysis of the factors considered (1) FDIC.—Section 14(a) of the Federal De- ‘‘(B) REPORT REQUIRED.—If the borrowing and the basis for the actions taken with re- posit Insurance Act (12 U.S.C. 1824(a)) is authority of the Board is increased above gard to the plan.’’. amended— $6,000,000,000 pursuant to subparagraph (A), (f) TEMPORARY CORPORATE CREDIT UNION (A) by striking ‘‘$30,000,000,000’’ and insert- STABILIZATION FUND.— ing ‘‘$100,000,000,000’’; the Board shall promptly submit a report to (1) ESTABLISHMENT OF STABILIZATION (B) by striking ‘‘The Corporation is au- the Committee on Banking, Housing, and FUND.—Title II of the Federal Credit Union thorized’’ and inserting the following: Urban Affairs of the Senate and the Com- mittee on Financial Services of the House of Act (12 U.S.C. 1781 et seq.) is amended by ‘‘(1) IN GENERAL.—The Corporation is au- adding at the end the following new section: thorized’’; Representatives describing the reasons and need for the additional borrowing authority ‘‘SEC. 217. TEMPORARY CORPORATE CREDIT (C) by striking ‘‘There are hereby’’ and in- UNION STABILIZATION FUND. serting the following: and its intended uses.’’. ‘‘(a) ESTABLISHMENT OF STABILIZATION ‘‘(2) FUNDING.—There are hereby’’; and (d) EXPANDING SYSTEMIC RISK SPECIAL AS- FUND.—There is hereby created in the Treas- (D) by adding at the end the following: SESSMENTS.—Section 13(c)(4)(G)(ii) of the Federal Deposit Insurance Act (12 U.S.C. ury of the United States a fund to be known ‘‘(3) TEMPORARY INCREASES AUTHORIZED.— as the ‘Temporary Corporate Credit Union 1823(c)(4)(G)(ii)) is amended to read as fol- ‘‘(A) RECOMMENDATIONS FOR INCREASE.— Stabilization Fund.’ The Board will admin- lows: During the period beginning on the date of ister the Stabilization Fund as prescribed by ‘‘(ii) REPAYMENT OF LOSS.— enactment of this paragraph and ending on section 209. ‘‘(I) IN GENERAL.—The Corporation shall re- December 31, 2010, if, upon the written rec- ‘‘(b) EXPENDITURES FROM STABILIZATION ommendation of the Board of Directors cover the loss to the Deposit Insurance Fund FUND.—Money in the Stabilization Fund (upon a vote of not less than two-thirds of arising from any action taken or assistance shall be available upon requisition by the the members of the Board of Directors) and provided with respect to an insured deposi- Board, without fiscal year limitation, for the Board of Governors of the Federal Re- tory institution under clause (i) from 1 or making payments for the purposes described serve System (upon a vote of not less than more special assessments on insured deposi- in section 203(a), subject to the following ad- two-thirds of the members of such Board), tory institutions, depository institution ditional limitations: the Secretary of the Treasury (in consulta- holding companies (with the concurrence of ‘‘(1) All payments other than administration with the President) determines that ad- the Secretary of the Treasury with respect tive payments shall be connected to the con- ditional amounts above the $100,000,000,000 to holding companies), or both, as the Cor- servatorship, liquidation, or threatened con- amount specified in paragraph (1) are nec- poration determines to be appropriate. servatorship or liquidation, of a corporate essary, such amount shall be increased to ‘‘(II) TREATMENT OF DEPOSITORY INSTITU- credit union. the amount so determined to be necessary, TION HOLDING COMPANIES.—For purposes of ‘‘(2) Prior to authorizing each payment the not to exceed $500,000,000,000. this clause, sections 7(c)(2) and 18(h) shall Board shall— ‘‘(B) REPORT REQUIRED.—If the borrowing apply to depository institution holding com- ‘‘(A) certify that, absent the existence of authority of the Corporation is increased panies as if they were insured depository in- the Stabilization Fund, the Board would above $100,000,000,000 pursuant to subpara- stitutions. have made the identical payment out of the graph (A), the Corporation shall promptly ‘‘(III) REGULATIONS.—The Corporation shall National Credit Union Share Insurance Fund submit a report to the Committee on Bank- prescribe such regulations as it deems nec- (Insurance Fund); and ing, Housing, and Urban Affairs of the Sen- essary to implement this clause. In pre- ‘‘(B) report each such certification to the ate and the Committee on Financial Services scribing such regulations, defining terms, Committee on Banking, Housing, and Urban of the House of Representatives describing and setting the appropriate assessment rate Affairs of the Senate and the Committee on the reasons and need for the additional bor- or rates, the Corporation shall establish Financial Services of the House of Rep- rowing authority and its intended uses. rates sufficient to cover the losses incurred resentatives. ‘‘(C) RESTRICTION ON USAGE.—The Corpora- as a result of the actions of the Corporation ‘‘(c) AUTHORITY TO BORROW.— tion may not borrow pursuant to subpara- under clause (i) and shall consider: the types ‘‘(1) IN GENERAL.—The Stabilization Fund graph (A) to fund obligations of the Corpora- of entities that benefit from any action is authorized to borrow from the Secretary tion incurred as a part of a program estab- taken or assistance provided under this sub- of the Treasury from time-to-time as deemed lished by the Secretary of the Treasury pur- paragraph; economic conditions, the effects necessary by the Board. The maximum out- suant to the Emergency Economic Stabiliza- on the industry, and such other factors as standing amount of all borrowings from the tion Act of 2008 to purchase or guarantee as- the Corporation deems appropriate and rel- Treasury by the Stabilization Fund and the sets.’’. evant to the action taken or the assistance National Credit Union Share Insurance (2) NCUA.—Section 203(d)(1) of the Federal provided. Any funds so collected that exceed Fund, combined, is limited to the amount Credit Union Act (12 U.S.C. 1783(d)(1)) is actual losses shall be placed in the Deposit provided for in section 203(d)(1), including amended to read as follows: Insurance Fund.’’. any authorized increases in that amount. ‘‘(1) If, in the judgment of the Board, a (e) ESTABLISHMENT OF A NATIONAL CREDIT ‘‘(2) REPAYMENT OF ADVANCES.— loan to the insurance fund, or to the sta- UNION SHARE INSURANCE FUND RESTORATION ‘‘(A) IN GENERAL.—The advances made bilization fund described in section 217 of PLAN PERIOD.—Section 202(c)(2) of the Fed- under this section shall be repaid by the Sta- this title, is required at any time for pur- eral Credit Union Act (12 U.S.C. 1782(c)(2)) is bilization Fund, and interest on such ad- poses of this subchapter, the Secretary of the amended by adding at the end the following vance shall be paid, to the General fund of Treasury shall make the loan, but loans new subparagraph: the Treasury. under this paragraph shall not exceed in the ‘‘(D) FUND RESTORATION PLANS.— ‘‘(B) VARIABLE RATE OF INTEREST.—The aggregate $6,000,000,000 outstanding at any ‘‘(i) IN GENERAL.—Whenever— Secretary of the Treasury shall make the one time. Except as otherwise provided in ‘‘(I) the Board projects that the equity first rate determination at the time of the this subsection, section 217, and in sub- ratio of the Fund will, within 6 months of first advance under this section and shall section (e) of this section, each loan under such determination, fall below the minimum reset the rate again for all advances on each this paragraph shall be made on such terms amount specified in subparagraph (C); or anniversary of the first advance. The inter- as may be fixed by agreement between the ‘‘(II) the equity ratio of the Fund actually est rate shall be equal to the average market Board and the Secretary of the Treasury.’’. falls below the minimum amount specified in yield on outstanding marketable obligations

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5751 of the United States with remaining periods the Board shall distribute any funds, prop- ecutorial agencies in such entities, to orga- to maturity equal to 12 months. erty, or other assets remaining in the Sta- nize initiatives to address mortgage fraud, ‘‘(3) REPAYMENT SCHEDULE.—The Stabiliza- bilization Fund to the Insurance Fund and including initiatives to enforce State mort- tion Fund shall repay the advances on a shall close the Stabilization Fund. If the gage fraud laws and other related Federal first-in, first-out basis, with interest on the Board extends the final repayment date as and State laws; amount repaid, at times and dates deter- permitted under subsection (c)(3), the man- (2) provide training to Federal, State, and mined by the Board at its discretion. All ad- datory date for closing the Stabilization local law enforcement and prosecutorial vances shall be repaid not later than the Fund shall be extended by the same number agencies with respect to mortgage fraud, in- date of the seventh anniversary of the first of days.’’. cluding related Federal and State laws; advance to the Stabilization Fund, unless (2) CONFORMING AMENDMENT.—Section (3) collect and disseminate data with re- the Board extends this final repayment date. 202(c)(3)(A) of the Federal Credit Union Act spect to mortgage fraud, including Federal, The Board shall obtain the concurrence of (12 U.S.C. 1782(c)(3)(A)) is amended by insert- State, and local data relating to mortgage the Secretary of the Treasury on any pro- ing ‘‘, subject to the requirements of section fraud investigations and prosecutions; and posed extension, including the terms and 217(e),’’ after ‘‘The Board shall’’. (4) perform other functions determined by conditions of the extended repayment. SEC. 205. APPLICATION OF GSE CONFORMING the Attorney General to enhance the detec- ‘‘(d) ASSESSMENT TO REPAY ADVANCES.—At LOAN LIMIT TO MORTGAGES AS- tion of, prevention of, and response to mort- least 90 days prior to each repayment de- SISTED WITH TARP FUNDS. gage fraud in the United States. scribed in subsection (c)(3), the Board shall In making any assistance available to pre- (d) OPTIONAL FUNCTIONS.—If the Depart- set the amount of the upcoming repayment vent and mitigate foreclosures on residential ment of Justice establishes the Task Force and determine if the Stabilization Fund will properties, including any assistance for referred to in subsection (a), it is the sense of have sufficient funds to make the repay- mortgage modifications, using any amounts the Congress that the Task Force should— ment. If the Stabilization Fund might not made available to the Secretary of the (1) initiate and coordinate Federal mort- have sufficient funds to make the repay- Treasury under title I of the Emergency Eco- gage fraud investigations and, through the ment, the Board shall assess each federally nomic Stabilization Act of 2008, the Sec- coordinating entities described under sub- insured credit union a special premium due retary shall provide that the limitation on section (c), State and local mortgage fraud and payable within 60 days in an aggregate the maximum original principal obligation investigations; amount calculated to ensure the Stabiliza- of a mortgage that may be modified, refi- (2) establish a toll-free hotline for— tion Fund is able to make the repayment. nanced, made, guaranteed, insured, or other- (A) reporting mortgage fraud; The premium charge for each credit union wise assisted, using such amounts shall not (B) providing the public with access to in- shall be stated as a percentage of its insured be less than the dollar amount limitation on formation and resources with respect to shares as represented on the credit union’s the maximum original principal obligation mortgage fraud; and previous call report. The percentage shall be of a mortgage that may be purchased by the (C) directing reports of mortgage fraud to identical for each credit union. Any credit Federal Home Loan Mortgage Corporation the appropriate Federal, State, and local law union that fails to make timely payment of that is in effect, at the time that the mort- enforcement and prosecutorial agency, in- the special premium is subject to the proce- gage is modified, refinanced, made, guaran- cluding to the appropriate branch of the dures and penalties described under sub- teed, insured, or otherwise assisted using Task Force established under subsection (d); sections (d), (e), and (f) of section 202. such amounts, for the area in which the (3) create a database with respect to sus- ‘‘(e) DISTRIBUTIONS FROM INSURANCE property involved in the transaction is lo- pensions and revocations of mortgage indus- FUND.—At the end of any calendar year in cated. try licenses and certifications to facilitate which the Stabilization Fund has an out- the sharing of such information by States; standing advance from the Treasury, the In- SEC. 206. MORTGAGES ON CERTAIN HOMES ON LEASED LAND. (4) make recommendations with respect to surance Fund is prohibited from making the Section 255(b)(4) of the National Housing the need for and resources available to pro- distribution to insured credit unions de- Act (12 U.S.C. 1715z–20(b)(4)) is amended by vide the equipment and training necessary scribed in section 202(c)(3). In lieu of the dis- striking subparagraph (B) and inserting: for the Task Force to combat mortgage tribution described in that section, the In- ‘‘(B) under a lease that has a term that fraud; and surance Fund shall make a distribution to ends no earlier than the minimum number of (5) propose legislation to Federal, State, the Stabilization Fund of the maximum years, as specified by the Secretary, beyond and local legislative bodies with respect to amount possible that does not reduce the In- the actuarial life expectancy of the mort- the elimination and prevention of mortgage surance Fund’s equity ratio below the nor- gagor or comortgagor, whichever is the later fraud, including measures to address mort- mal operating level and does not reduce the date.’’. gage loan procedures and property appraiser Insurance Fund’s available assets ratio practices that provide opportunities for below 1.0 percent. SEC. 207. SENSE OF CONGRESS REGARDING MORTGAGE REVENUE BOND PUR- mortgage fraud. ‘‘(f) INVESTMENT OF STABILIZATION FUND CHASES. ASSETS.—The Board may request the Sec- TITLE IV—FORECLOSURE MORATORIUM It is the sense of the Congress that the retary of the Treasury to invest such portion PROVISIONS Secretary of the Treasury should use of the Stabilization Fund as is not, in the SEC. 401. SENSE OF THE CONGRESS ON FORE- amounts made available in this Act to pur- Board’s judgment, required to meet the cur- CLOSURES. chase mortgage revenue bonds for single- rent needs of the Stabilization Fund. Such (a) IN GENERAL.—It is the sense of the Con- family housing issued through State housing investments shall be made by the Secretary gress that mortgage holders, institutions, finance agencies and through units of local of the Treasury in public debt securities, and mortgage servicers should not initiate a government and agencies thereof. with maturities suitable to the needs of the foreclosure proceeding or a foreclosure sale Stabilization Fund, as determined by the TITLE III—MORTGAGE FRAUD TASK on any homeowner until the foreclosure Board, and bearing interest at a rate deter- FORCE mitigation provisions, like the Hope for mined by the Secretary of the Treasury, tak- SEC. 301. SENSE OF CONGRESS ON ESTABLISH- Homeowners program, as required under ing into consideration current market yields MENT OF A NATIONWIDE MORTGAGE title II, and the President’s ‘‘Homeowner Af- on outstanding marketable obligations of FRAUD TASK FORCE. fordability and Stability Plan’’ have been the United States of comparable maturity. (a) IN GENERAL.—It is the sense of the Con- implemented and determined to be oper- ‘‘(g) REPORTS.—The Board shall submit an gress that the Department of Justice estab- ational by the Secretary of Housing and annual report to Congress on the financial lish a Nationwide Mortgage Fraud Task Urban Development and the Secretary of the condition and the results of the operation of Force (hereinafter referred to in this section Treasury. the Stabilization Fund. The report is due to as the ‘‘Task Force’’) to address mortgage (b) SCOPE OF MORATORIUM.—The fore- Congress within 30 days after each anniver- fraud in the United States. closure moratorium referred to in subsection sary of the first advance made under sub- (b) SUPPORT.—If the Department of Justice (a) should apply only for first mortgages se- section (c)(1). Because the Fund will use ad- establishes the Task Force referred to in cured by the owner’s principal dwelling. vances from the Treasury to meet corporate subsection (a), it is the sense of the Congress (c) FHA-REGULATED LOAN MODIFICATION stabilization costs with full repayment of that the Attorney General should provide AGREEMENTS.—If a mortgage holder, institu- borrowings to Treasury at the Board’s dis- the Task Force with the appropriate staff, tion, or mortgage servicer to which sub- cretion not due until 7 years from the initial administrative support, and other resources section (a) applies reaches a loan modifica- advance, to the extent operating expenses of necessary to carry out the duties of the Task tion agreement with a homeowner under the the Fund exceed income, the financial condi- Force. auspices of the Federal Housing Administra- tion of the Fund may reflect a deficit. With (c) MANDATORY FUNCTIONS.—If the Depart- tion before any plan referred to in such sub- planned and required future repayments, the ment of Justice establishes the Task Force section takes effect, subsection (a) shall Board shall resolve all deficits prior to ter- referred to in subsection (a), it is the sense of cease to apply to such institution as of the mination of the Fund. the Congress that the Attorney General effective date of the loan modification agree- ‘‘(h) CLOSING OF STABILIZATION FUND.— should— ment. Within 90 days following the seventh anni- (1) establish coordinating entities, and so- (d) DUTY OF CONSUMER TO MAINTAIN PROP- versary of the initial Stabilization Fund ad- licit the voluntary participation of Federal, ERTY.—Any homeowner for whose benefit vance, or earlier at the Board’s discretion, State, and local law enforcement and pros- any foreclosure proceeding or sale is barred

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under subsection (a) from being instituted, BACKED SECURITIES LOAN FACILITY.—The Sec- SEC. 404. NOTIFICATION OF SALE OR TRANSFER continued, or consummated with respect to retary shall consult with the Special Inspec- OF MORTGAGE LOANS. any homeowner mortgage should not, with tor General and shall issue regulations gov- (a) IN GENERAL.—Section 131 of the Truth respect to any property securing such mort- erning the interaction of the Public-Private in Lending Act (15 U.S.C. 1641) is amended by gage, destroy, damage, or impair such prop- Investment Program, the Term-Asset adding at the end the following: erty, allow the property to deteriorate, or Backed Securities Loan Facility, and other ‘‘(g) NOTICE OF NEW CREDITOR.— commit waste on the property. similar public-private investment programs. ‘‘(1) IN GENERAL.—In addition to other dis- (e) DUTY OF CONSUMER TO RESPOND TO REA- Such regulations shall address concerns re- closures required by this title, not later than SONABLE INQUIRIES.—Any homeowner for garding the potential for excessive leverage 30 days after the date on which a mortgage whose benefit any foreclosure proceeding or that could result from interactions between loan is sold or otherwise transferred or as- sale is barred under subsection (a) from such programs. signed to a third party, the creditor that is being instituted, continued, or consummated (3) REPORT.—Not later than 60 days after the new owner or assignee of the debt shall with respect to any homeowner mortgage the date of the establishment of a program notify the borrower in writing of such trans- should respond to reasonable inquiries from described in paragraph (1), the Special In- fer, including— a creditor or servicer during the period dur- spector General shall submit a report to Con- ‘‘(A) the identity, address, telephone num- ing which such foreclosure proceeding or sale gress on the implementation of this section. ber of the new creditor; is barred. (c) ADDITIONAL APPROPRIATIONS FOR THE ‘‘(B) the date of transfer; SEC. 402. PUBLIC-PRIVATE INVESTMENT PRO- SPECIAL INSPECTOR GENERAL.— ‘‘(C) how to reach an agent or party having GRAM; ADDITIONAL APPROPRIA- (1) IN GENERAL.—Of amounts made avail- authority to act on behalf of the new cred- TIONS FOR THE SPECIAL INSPEC- able under section 115(a) of the Emergency itor; TOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM. Economic Stabilization Act of 2008 (Public ‘‘(D) the location of the place where trans- Law 110–343), $15,000,000 shall be made avail- (a) SHORT TITLE.—This section may be fer of ownership of the debt is recorded; and cited as the ‘‘Public-Private Investment Pro- able to the Special Inspector General, which ‘‘(E) any other relevant information re- gram Improvement and Oversight Act of shall be in addition to amounts otherwise garding the new creditor. 2009’’. made available to the Special Inspector Gen- ‘‘(2) DEFINITION.—As used in this sub- (b) PUBLIC-PRIVATE INVESTMENT PRO- eral. section, the term ‘mortgage loan’ means any GRAM.— (2) PRIORITIES.—In utilizing funds made consumer credit transaction that is secured (1) IN GENERAL.—Any program established available under this section, the Special In- by the principal dwelling of a consumer.’’. by the Federal Government to create a pub- spector General shall prioritize the perform- (b) PRIVATE RIGHT OF ACTION.—Section lic-private investment fund shall— ance of audits or investigations of recipients 130(a) of the Truth in Lending Act (15 U.S.C. (A) in consultation with the Special In- of non-recourse Federal loans made under 1640(a)) is amended by inserting ‘‘subsection spector General of the Trouble Asset Relief any program that is funded in whole or in (f) or (g) of section 131,’’ after ‘‘section 125,’’. Program (in this section referred to as the part by funds appropriated under the Emer- TITLE V—FARM LOAN RESTRUCTURING ‘‘Special Inspector General’’), impose strict gency Economic Stabilization Act of 2008, to the extent that such priority is consistent SEC. 501. CONGRESSIONAL OVERSIGHT PANEL conflict of interest rules on managers of pub- SPECIAL REPORT. lic-private investment funds to ensure that with other aspects of the mission of the Spe- Section 125(b) of the Emergency Economic securities bought by the funds are purchased cial Inspector General. Such audits or inves- Stabilization Act of 2008 (12 U.S.C. 5233(b)) is in arms-length transactions, that fiduciary tigations shall determine the existence of amended by adding at the end the following: any collusion between the loan recipient and duties to public and private investors in the ‘‘(3) SPECIAL REPORT ON FARM LOAN RE- the seller or originator of the asset used as fund are not violated, and that there is full STRUCTURING.—Not later than 60 days after disclosure of relevant facts and financial in- loan collateral, or any other conflict of in- the date of enactment of this paragraph, the terests (which conflict of interest rules shall terest that may have led the loan recipient Oversight Panel shall submit a special report be implemented by the manager of a public- to deliberately overstate the value of the on farm loan restructuring that— private investment fund prior to such fund asset used as loan collateral. ‘‘(A) analyzes the state of the commercial (d) RULE OF CONSTRUCTION.—Notwith- receiving Federal Government financing); farm credit markets and the use of loan re- (B) require each public-private investment standing any other provision of law, nothing in this section shall be construed to apply to structuring as an alternative to foreclosure fund to make a quarterly report to the Sec- by recipients of financial assistance under retary of the Treasury (in this section re- any activity of the Federal Deposit Insur- ance Corporation in connection with insured the Troubled Asset Relief Program; and ferred to as the ‘‘Secretary’’) that discloses ‘‘(B) includes an examination of and rec- the 10 largest positions of such fund (which depository institutions, as described in section 13(c)(2)(B) of the Federal Deposit Insur- ommendation on the different methods for reports shall be publicly disclosed at such farm loan restructuring that could be used time as the Secretary of the Treasury deter- ance Act. (e) DEFINITION.—In this section, the term as part of a foreclosure mitigation program mines that such disclosure will not harm the for farm loans made by recipients of finan- ongoing business operations of the fund); ‘‘public-private investment fund’’ means a ficial assistance under the Troubled Asset Re- (C) allow the Special Inspector General ac- nancial vehicle that is— lief Program, including any programs for di- cess to all books and records of a public-pri- (1) established by the Federal Government rect loan restructuring or modification car- vate investment fund, including all records to purchase pools of loans, securities, or as- ried out by the Farm Service Agency of the of financial transactions in machine read- sets from a financial institution described in Department of Agriculture, the farm credit able form, and the confidentiality of all such section 101(a)(1) of the Emergency Economic system, and the Making Home Affordable information shall be maintained by the Spe- Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); Program of the Department of the Treas- cial Inspector General; and ury.’’. (D) require each manager of a public-pri- (2) funded by a combination of cash or eq- vate investment fund to retain all books, uity from private investors and funds pro- TITLE VI—ENHANCED OVERSIGHT OF THE documents, and records relating to such pub- vided by the Secretary of the Treasury or TROUBLED ASSET RELIEF PROGRAM lic-private investment fund, including elec- funds appropriated under the Emergency SEC. 601. ENHANCED OVERSIGHT OF THE TROU- tronic messages; Economic Stabilization Act of 2008. BLED ASSET RELIEF PROGRAM. (E) require each manager of a public-pri- (f) OFFSET OF COSTS OF PROGRAM Section 116 of the Emergency Economic vate investment fund to acknowledge, in CHANGES.—Notwithstanding the amendment Stabilization Act of 2008 (12 U.S.C. 5226) is writing, a fiduciary duty to both the public made by section 202(b) of this Act, paragraph amended— and private investors in such fund; (3) of section 115(a) of the Emergency Eco- (1) in subsection (a)(1)(A)— (F) require each manager of a public-pri- nomic Stabilization Act of 2008 (12 U.S.C. (A) in clause (iii), by striking ‘‘and’’ at the vate investment fund to develop a robust 5225) is amended by inserting ‘‘, as such end; ethics policy that includes methods to en- amount is reduced by $1,259,000,000,’’ after (B) in clause (iv), by striking the period at ‘‘$700,000,000,000’’. sure compliance with such policy; the end and inserting ‘‘; and’’; and (g) REGULATIONS.—The Secretary of the (G) require strict investor screening proce- Treasury may prescribe such regulations or (C) by adding at the end the following: dures for public-private investment funds; other guidance as may be necessary or ap- ‘‘(v) public accountability for the exercise and propriate to define terms or carry out the of such authority, including with respect to (H) require each manager of a public-pri- authorities or purposes of this section. actions taken by those entities participating vate fund to identify for the Secretary, on a in programs established under this Act.’’; SEC. 403. REMOVAL OF REQUIREMENT TO LIQ- periodic basis, each investor that, individ- UIDATE WARRANTS UNDER THE and ually or together with affiliates, directly or TARP. (2) in subsection (a)(2)— indirectly, holds equity interests equal to at Section 111(g) of the Emergency Economic (A) by redesignating subparagraph (C) as least 10 percent of the equity interest of the Stabilization Act of 2008 (12 U.S.C. 5221(g)) is subparagraph (F); and fund including if such interests are held in a amended by striking ‘‘shall liquidate war- (B) by striking subparagraphs (A) and (B) vehicle formed for the purpose of directly or rants associated with such assistance at the and inserting the following: indirectly investing in the fund. current market price’’ and inserting ‘‘, at ‘‘(A) DEFINITION.—In this paragraph, the (2) INTERACTION BETWEEN PUBLIC-PRIVATE the market price, may liquidate warrants as- term ‘governmental unit’ has the meaning INVESTMENT FUNDS AND THE TERM-ASSET sociated with such assistance’’. given under section 101(27) of title 11, United

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5753 States Code, and does not include any in- (2) the rights of any bona fide tenant, as of TITLE VIII—COMPTROLLER GENERAL sured depository institution as defined under the date of such notice of foreclosure— ADDITIONAL AUDIT AUTHORITIES section 3 of the Federal Deposit Insurance (A) under any bona fide lease entered into Act (12 U.S.C. 8113). before the notice of foreclosure to occupy the SEC. 801. COMPTROLLER GENERAL ADDITIONAL AUDIT AUTHORITIES. ‘‘(B) GAO PRESENCE.—The Secretary shall premises until the end of the remaining term provide the Comptroller General with appro- of the lease, except that a successor in inter- (a) BOARD OF GOVERNORS OF THE FEDERAL priate space and facilities in the Department est may terminate a lease effective on the RESERVE SYSTEM.—Section 714 of title 31, of the Treasury as necessary to facilitate date of sale of the unit to a purchaser who United States Code, is amended— oversight of the TARP until the termination will occupy the unit as a primary residence, (1) in subsection (a), by striking ‘‘Federal date established in section 5230 of this title. subject to the receipt by the tenant of the 90 Reserve Board,’’ and inserting ‘‘Board of ‘‘(C) ACCESS TO RECORDS.— day notice under paragraph (1); or Governors of the Federal Reserve System (in ‘‘(i) IN GENERAL.—Notwithstanding any (B) without a lease or with a lease ter- this section referred to as the ‘Board’),’’; and other provision of law, and for purposes of minable at will under State law, subject to (2) in subsection (b)— reviewing the performance of the TARP, the the receipt by the tenant of the 90 day notice (A) in the matter preceding paragraph (1), Comptroller General shall have access, upon under subsection (1), by striking ‘‘Federal Reserve Board,’’ and in- request, to any information, data, schedules, except that nothing under this section shall serting ‘‘Board’’; and books, accounts, financial records, reports, affect the requirements for termination of (B) in paragraph (4), by striking ‘‘of Gov- files, electronic communications, or other any Federal- or State-subsidized tenancy or ernors’’. papers, things, or property belonging to or in of any State or local law that provides (b) CONFIDENTIAL INFORMATION.—Section use by the TARP, any entity established by longer time periods or other additional pro- 714(c) of title 31, United States Code, is the Secretary under this Act, any entity tections for tenants. amended by striking paragraph (3) and in- that is established by a Federal reserve bank serting the following: (b) BONA FIDE LEASE OR TENANCY.—For and receives funding from the TARP, or any ‘‘(3) Except as provided under paragraph purposes of this section, a lease or tenancy entity (other than a governmental unit) par- (4), an officer or employee of the Govern- shall be considered bona fide only if— ticipating in a program established under ment Accountability Office may not disclose (1) the mortgagor or the child, spouse, or the authority of this Act, and to the officers, to any person outside the Government Ac- parent of the mortgagor under the contract employees, directors, independent public accountability Office information obtained in is not the tenant; countants, financial advisors and any and all audits or examinations conducted under sub- (2) the lease or tenancy was the result of other agents and representatives thereof, at section (e) and maintained as confidential by an arms-length transaction; and such time as the Comptroller General may the Board or the Federal reserve banks. (3) the lease or tenancy requires the re- request. ‘‘(4) This subsection shall not— ceipt of rent that is not substantially less ‘‘(ii) VERIFICATION.—The Comptroller Gen- ‘‘(A) authorize an officer or employee of an than fair market rent for the property or the eral shall be afforded full facilities for agency to withhold information from any unit’s rent is reduced or subsidized due to a verifying transactions with the balances or committee or subcommittee of jurisdiction Federal, State, or local subsidy. securities held by, among others, deposi- of Congress, or any member of such com- tories, fiscal agents, and custodians. (c) DEFINITION.—For purposes of this sec- mittee or subcommittee; or ‘‘(iii) COPIES.—The Comptroller General tion, the term ‘‘federally-related mortgage ‘‘(B) limit any disclosure by the Govern- may make and retain copies of such books, loan’’ has the same meaning as in section 3 ment Accountability Office to any com- accounts, and other records as the Comp- of the Real Estate Settlement Procedures mittee or subcommittee of jurisdiction of troller General determines appropriate. Act of 1974 (12 U.S.C. 2602). Congress, or any member of such committee ‘‘(D) AGREEMENT BY ENTITIES.—Each con- or subcommittee.’’. tract, term sheet, or other agreement be- SEC. 703. EFFECT OF FORECLOSURE ON SECTION tween the Secretary or the TARP (or any 8 TENANCIES. (c) ACCESS TO RECORDS.—Section 714(d) of TARP vehicle, officer, director, employee, title 31, United States Code, is amended— Section 8(o)(7) of the United States Hous- independent public accountant, financial ad- (1) in paragraph (1), by inserting ‘‘The visor, or other TARP agent or representa- ing Act of 1937 (42 U.S.C. 1437f(o)(7)) is Comptroller General shall have access to the tive) and an entity (other than a govern- amended— officers, employees, contractors, and other mental unit) participating in a program es- (1) by inserting before the semicolon in agents and representatives of an agency and tablished under this Act shall provide for ac- subparagraph (C) the following: ‘‘and in the any entity established by an agency at any cess by the Comptroller General in accord- case of an owner who is an immediate suc- reasonable time as the Comptroller General ance with this section. cessor in interest pursuant to foreclosure may request. The Comptroller General may ‘‘(E) RESTRICTION ON PUBLIC DISCLOSURE.— during the term of the lease vacating the make and retain copies of such books, ac- ‘‘(i) IN GENERAL.—The Comptroller General property prior to sale shall not constitute counts, and other records as the Comptroller may not publicly disclose proprietary or other good cause, except that the owner may General determines appropriate.’’ after the trade secret information obtained under this terminate the tenancy effective on the date first sentence; section. of transfer of the unit to the owner if the (2) in paragraph (2), by inserting ‘‘, copies ‘‘(ii) EXCEPTION FOR CONGRESSIONAL COM- owner— of any record,’’ after ‘‘records’’; and MITTEES.—This subparagraph does not limit ‘‘(i) will occupy the unit as a primary resi- (3) by adding at the end the following: disclosures to congressional committees or dence; and ‘‘(3)(A) For purposes of conducting audits members thereof having jurisdiction over a ‘‘(ii) has provided the tenant a notice to and examinations under subsection (e), the private or public entity referred to under vacate at least 90 days before the effective Comptroller General shall have access, upon subparagraph (C). date of such notice.’’; and request, to any information, data, schedules, ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in (2) by inserting at the end of subparagraph books, accounts, financial records, reports, this section shall be construed to alter or (F) the following: ‘‘In the case of any fore- files, electronic communications, or other amend the prohibitions against the disclo- closure on any federally-related mortgage papers, things or property belonging to or in sure of trade secrets or other information loan (as that term is defined in section 3 of use by— prohibited by section 1905 of title 18, United the Real Estate Settlement Procedures Act ‘‘(i) any entity established by any action States Code, section 714(c) of title 31, United of 1974 (12 U.S.C. 2602)) or on any residential taken by the Board described under sub- States Code, or other applicable provisions real property in which a recipient of assist- section (e); of law.’’. ance under this subsection resides, the im- ‘‘(ii) any entity receiving assistance from TITLE VII—PROTECTING TENANTS AT mediate successor in interest in such prop- any action taken by the Board described FORECLOSURE ACT erty pursuant to the foreclosure shall as- under subsection (e), to the extent that the sume such interest subject to the lease be- SEC. 701. SHORT TITLE. access and request relates to that assistance; This title may be cited as the ‘‘Protecting tween the prior owner and the tenant and to and Tenants at Foreclosure Act of 2009’’. the housing assistance payments contract ‘‘(iii) the officers, directors, employees, between the prior owner and the public hous- SEC. 702. EFFECT OF FORECLOSURE ON PRE- independent public accountants, financial EXISTING TENANCY. ing agency for the occupied unit, except that advisors and any and all representatives of (a) IN GENERAL.—In the case of any fore- this provision and the provisions related to any entity described under clause (i) or (ii); closure on a federally-related mortgage loan foreclosure in subparagraph (C) shall not to the extent that the access and request re- or on any dwelling or residential real prop- shall not affect any State or local law that lates to that assistance; erty after the date of enactment of this title, provides longer time periods or other addi- ‘‘(B) The Comptroller General shall have any immediate successor in interest in such tional protections for tenants.’’. access as provided under subparagraph (A) at such time as the Comptroller General may property pursuant to the foreclosure shall SEC. 704. SUNSET. assume such interest subject to— request. (1) the provision, by such successor in in- This title, and any amendments made by ‘‘(C) Each contract, term sheet, or other terest of a notice to vacate to any bona fide this title are repealed, and the requirements agreement between the Board or any Federal tenant at least 90 days before the effective under this title shall terminate, on Decem- reserve bank (or any entity established by date of such notice; and ber 31, 2012. the Board or any Federal reserve bank) and

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5754 CONGRESSIONAL RECORD — SENATE May 20, 2009 an entity receiving assistance from any ac- (1) to consolidate the separate homeless as- ‘‘(B) have experienced persistent insta- tion taken by the Board described under sub- sistance programs carried out under title IV bility as measured by frequent moves over section (e) shall provide for access by the of the McKinney-Vento Homeless Assistance such period, and Comptroller General in accordance with this Act (consisting of the supportive housing ‘‘(C) can be expected to continue in such paragraph.’’. program and related innovative programs, status for an extended period of time because (d) AUDITS OF CERTAIN ACTIONS OF THE the safe havens program, the section 8 assist- of chronic disabilities, chronic physical BOARD OF GOVERNORS OF THE FEDERAL RE- ance program for single-room occupancy health or mental health conditions, sub- SERVE SYSTEM.—Section 714 of title 31, dwellings, and the shelter plus care program) stance addiction, histories of domestic vio- United States Code, is amended by adding at into a single program with specific eligible lence or childhood abuse, the presence of a the end the following: activities; child or youth with a disability, or multiple ‘‘(e) Notwithstanding subsection (b), the (2) to codify in Federal law the continuum barriers to employment. Comptroller General may conduct audits, in- of care planning process as a required and in- ‘‘(b) DOMESTIC VIOLENCE AND OTHER DAN- cluding onsite examinations when the Comp- tegral local function necessary to generate GEROUS OR LIFE-THREATENING CONDITIONS.— troller General determines such audits and the local strategies for ending homelessness; Notwithstanding any other provision of this examinations are appropriate, of any action and section, the Secretary shall consider to be taken by the Board under the third undesig- (3) to establish a Federal goal of ensuring homeless any individual or family who is nated paragraph of section 13 of the Federal that individuals and families who become fleeing, or is attempting to flee, domestic vi- Reserve Act (12 U.S.C. 343); with respect to a homeless return to permanent housing with- olence, dating violence, sexual assault, single and specific partnership or corpora- in 30 days. stalking, or other dangerous or life-threat- tion.’’. SEC. 1003. DEFINITION OF HOMELESSNESS. ening conditions in the individual’s or family’s current housing situation, including DIVISION B—HOMELESSNESS REFORM (a) IN GENERAL.—Section 103 of the McKin- where the health and safety of children are ney-Vento Homeless Assistance Act (42 SEC. 1001. SHORT TITLE; TABLE OF CONTENTS. jeopardized, and who have no other residence U.S.C. 11302) is amended— (a) SHORT TITLE.—This division may be and lack the resources or support networks (1) by redesignating subsections (b) and (c) cited as the ‘‘Homeless Emergency Assist- to obtain other permanent housing.’’. as subsections (c) and (d); and ance and Rapid Transition to Housing Act of (b) REGULATIONS.—Not later than the expi- 2009’’. (2) by striking subsection (a) and inserting ration of the 6-month period beginning upon (b) TABLE OF CONTENTS.—The table of con- the following: the date of the enactment of this division, tents for this division is as follows: ‘‘(a) IN GENERAL.—For purposes of this Act, the Secretary of Housing and Urban Develop- the terms ‘homeless’, ‘homeless individual’, DIVISION B—HOMELESSNESS REFORM ment shall issue regulations that provide and ‘homeless person’ means— Sec. 1001. Short title; table of contents. sufficient guidance to recipients of funds ‘‘(1) an individual or family who lacks a under title IV of the McKinney-Vento Home- Sec. 1002. Findings and purposes. fixed, regular, and adequate nighttime resi- Sec. 1003. Definition of homelessness. less Assistance Act to allow uniform and dence; consistent implementation of the require- Sec. 1004. United States Interagency Council ‘‘(2) an individual or family with a primary on Homelessness. ments of section 103 of such Act, as amended nighttime residence that is a public or pri- by subsection (a) of this section. This sub- TITLE I—HOUSING ASSISTANCE vate place not designed for or ordinarily used section shall take effect on the date of the GENERAL PROVISIONS as a regular sleeping accommodation for enactment of this division. Sec. 1101. Definitions. human beings, including a car, park, aban- (c) CLARIFICATION OF EFFECT ON OTHER Sec. 1102. Community homeless assistance doned building, bus or train station, airport, LAWS.—This section and the amendments planning boards. or camping ground; made by this section to section 103 of the Sec. 1103. General provisions. ‘‘(3) an individual or family living in a su- McKinney-Vento Homeless Assistance Act Sec. 1104. Protection of personally identi- pervised publicly or privately operated shel- (42 U.S.C. 11302) may not be construed to af- fying information by victim ter designated to provide temporary living fect, alter, limit, annul, or supersede any service providers. arrangements (including hotels and motels other provision of Federal law providing a Sec. 1105. Authorization of appropriations. paid for by Federal, State, or local govern- definition of ‘‘homeless’’, ‘‘homeless indi- TITLE II—EMERGENCY SOLUTIONS ment programs for low-income individuals or vidual’’, or ‘‘homeless person’’ for purposes GRANTS PROGRAM by charitable organizations, congregate shel- other than such Act, except to the extent ters, and transitional housing); that such provision refers to such section 103 Sec. 1201. Grant assistance. ‘‘(4) an individual who resided in a shelter or the definition provided in such section 103. Sec. 1202. Eligible activities. or place not meant for human habitation and Sec. 1203. Participation in Homeless Man- SEC. 1004. UNITED STATES INTERAGENCY COUN- who is exiting an institution where he or she CIL ON HOMELESSNESS. agement Information System. temporarily resided; (a) IN GENERAL.—Title II of the McKinney- Sec. 1204. Administrative provision. ‘‘(5) an individual or family who— Vento Homeless Assistance Act (42 U.S.C. Sec. 1205. GAO study of administrative fees. ‘‘(A) will imminently lose their housing, 11311 et seq.) is amended— TITLE III—CONTINUUM OF CARE including housing they own, rent, or live in (1) in section 201 (42 U.S.C. 11311), by insert- PROGRAM without paying rent, are sharing with others, ing before the period at the end the following Sec. 1301. Continuum of care. and rooms in hotels or motels not paid for by ‘‘whose mission shall be to coordinate the Sec. 1302. Eligible activities. Federal, State, or local government pro- Federal response to homelessness and to cre- Sec. 1303. High performing communities. grams for low-income individuals or by char- ate a national partnership at every level of Sec. 1304. Program requirements. itable organizations, as evidenced by— government and with the private sector to Sec. 1305. Selection criteria, allocation ‘‘(i) a court order resulting from an evic- reduce and end homelessness in the nation amounts, and funding. tion action that notifies the individual or while maximizing the effectiveness of the Sec. 1306. Research. family that they must leave within 14 days; Federal Government in contributing to the TITLE IV—RURAL HOUSING STABILITY ‘‘(ii) the individual or family having a pri- end of homelessness’’; ASSISTANCE PROGRAM mary nighttime residence that is a room in (2) in section 202 (42 U.S.C. 11312)— Sec. 1401. Rural housing stability assistance. a hotel or motel and where they lack the re- (A) in subsection (a)— Sec. 1402. GAO study of homelessness and sources necessary to reside there for more (i) by redesignating paragraph (16) as para- homeless assistance in rural than 14 days; or graph (22); and areas. ‘‘(iii) credible evidence indicating that the (ii) by inserting after paragraph (15) the owner or renter of the housing will not allow following: TITLE V—REPEALS AND CONFORMING the individual or family to stay for more ‘‘(16) The Commissioner of Social Security, AMENDMENTS than 14 days, and any oral statement from an or the designee of the Commissioner. Sec. 1501. Repeals. individual or family seeking homeless assist- ‘‘(17) The Attorney General of the United Sec. 1502. Conforming amendments. ance that is found to be credible shall be con- States, or the designee of the Attorney Gen- Sec. 1503. Effective date. sidered credible evidence for purposes of this eral. Sec. 1504. Regulations. clause; ‘‘(18) The Director of the Office of Manage- Sec. 1505. Amendment to table of contents. ‘‘(B) has no subsequent residence identi- ment and Budget, or the designee of the Di- 4SEC. 1002. FINDINGS AND PURPOSES. fied; and rector. (a) FINDINGS.—The Congress finds that— ‘‘(C) lacks the resources or support net- ‘‘(19) The Director of the Office of Faith- (1) a lack of affordable housing and limited works needed to obtain other permanent Based and Community Initiatives, or the scale of housing assistance programs are the housing; and designee of the Director. primary causes of homelessness; and ‘‘(6) unaccompanied youth and homeless ‘‘(20) The Director of USA FreedomCorps, (2) homelessness affects all types of com- families with children and youth defined as or the designee of the Director.’’; munities in the United States, including homeless under other Federal statutes who— (B) in subsection (c), by striking ‘‘annu- rural, urban, and suburban areas. ‘‘(A) have experienced a long term period ally’’ and inserting ‘‘four times each year, (b) PURPOSES.—The purposes of this divi- without living independently in permanent and the rotation of the positions of Chair- sion are— housing, person and Vice Chairperson required under

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5755 subsection (b) shall occur at the first meet- any Federal program to assist homeless indi- to an individual or family, that the indi- ing of each year’’; and viduals or families, local and State govern- vidual or family— (C) by adding at the end the following: ments, academic researchers who specialize ‘‘(A) has income below 30 percent of me- ‘‘(e) ADMINISTRATION.—The Executive Di- in homelessness, nonprofit housing and serv- dian income for the geographic area; rector of the Council shall report to the ice providers that receive funding under any ‘‘(B) has insufficient resources imme- Chairman of the Council.’’; Federal program to assist homeless individ- diately available to attain housing stability; (3) in section 203(a) (42 U.S.C. 11313(a))— uals or families, organizations advocating on and (A) by redesignating paragraphs (1), (2), (3), behalf of such nonprofit providers and home- ‘‘(C)(i) has moved frequently because of (4), (5), (6), and (7) as paragraphs (2), (3), (4), less persons receiving housing or services economic reasons; (5), (9), (10), and (11), respectively; under any such Federal program, and home- ‘‘(ii) is living in the home of another be- (B) by inserting before paragraph (2), as so less persons receiving housing or services cause of economic hardship; redesignated by subparagraph (A), the fol- under any such Federal program, at which ‘‘(iii) has been notified that their right to lowing: meeting such representatives shall discuss occupy their current housing or living situa- ‘‘(1) not later than 12 months after the date all issues relevant to whether the definitions tion will be terminated; of the enactment of the Homeless Emergency of ‘homeless’ under paragraphs (1) through ‘‘(iv) lives in a hotel or motel; Assistance and Rapid Transition to Housing (4) of section 103(a) of the McKinney-Vento ‘‘(v) lives in severely overcrowded housing; Act of 2009, develop, make available for pub- Homeless Assistance Act, as amended by sec- ‘‘(vi) is exiting an institution; or lic comment, and submit to the President tion 1003 of the Homeless Emergency Assist- ‘‘(vii) otherwise lives in housing that has and to Congress a National Strategic Plan to ance and Rapid Transition to Housing Act of characteristics associated with instability End Homelessness, and shall update such 2009, should be modified by the Congress, in- plan annually;’’; and an increased risk of homelessness. cluding whether there is a compelling need Such term includes all families with children (C) in paragraph (5), as redesignated by for a uniform definition of homelessness subparagraph (A), by striking ‘‘at least 2, but and youth defined as homeless under other under Federal law, the extent to which the Federal statutes. in no case more than 5’’ and inserting ‘‘not differences in such definitions create bar- less than 5, but in no case more than 10’’; ‘‘(2) CHRONICALLY HOMELESS.— riers for individuals to accessing services ‘‘(A) IN GENERAL.—The term ‘chronically (D) by inserting after paragraph (5), as so and to collaboration between agencies, and redesignated by subparagraph (A), the fol- homeless’ means, with respect to an indi- the relative availability, and barriers to ac- lowing: vidual or family, that the individual or fam- cess by persons defined as homeless, of main- ‘‘(6) encourage the creation of State Inter- ily— stream programs identified by the Govern- agency Councils on Homelessness and the ‘‘(i) is homeless and lives or resides in a ment Accountability Office in the two re- formulation of jurisdictional 10-year plans to place not meant for human habitation, a safe ports identified in paragraph (7) of this sub- end homelessness at State, city, and county haven, or in an emergency shelter; section; and shall submit transcripts of such levels; ‘‘(ii) has been homeless and living or resid- meeting, and any majority and dissenting ‘‘(7) annually obtain from Federal agencies ing in a place not meant for human habi- recommendations from such meetings, to their identification of consumer-oriented entation, a safe haven, or in an emergency each committee of the House of Representa- titlement and other resources for which per- shelter continuously for at least 1 year or on sons experiencing homelessness may be eligi- tives and the Senate having jurisdiction over at least 4 separate occasions in the last 3 ble and the agencies’ identification of im- any Federal program to assist homeless indi- years; and provements to ensure access; develop mecha- viduals or families not later than the expira- ‘‘(iii) has an adult head of household (or a nisms to ensure access by persons experi- tion of the 60-day period beginning upon con- minor head of household if no adult is encing homelessness to all Federal, State, clusion of such meeting.’’. present in the household) with a diagnosable and local programs for which the persons are (4) in section 203(b)(1) (42 U.S.C. 11313(b))— substance use disorder, serious mental ill- eligible, and to verify collaboration among (A) by striking ‘‘Federal’’ and inserting ness, developmental disability (as defined in entities within a community that receive ‘‘national’’; section 102 of the Developmental Disabilities Federal funding under programs targeted for (B) by striking ‘‘; and’’ and inserting ‘‘and Assistance and Bill of Rights Act of 2000 (42 persons experiencing homelessness, and pay for expenses of attendance at meetings U.S.C. 15002)), post traumatic stress disorder, other programs for which persons experi- which are concerned with the functions or cognitive impairments resulting from a encing homelessness are eligible, including activities for which the appropriation is brain injury, or chronic physical illness or mainstream programs identified by the Gov- made;’’; disability, including the co-occurrence of 2 ernment Accountability Office in the reports (5) in section 205(d) (42 U.S.C. 11315(d)), by or more of those conditions. entitled ‘Homelessness: Coordination and striking ‘‘property.’’ and inserting ‘‘prop- ‘‘(B) RULE OF CONSTRUCTION.—A person who Evaluation of Programs Are Essential’, erty, both real and personal, public and pri- currently lives or resides in an institutional issued February 26, 1999, and ‘Homelessness: vate, without fiscal year limitation, for the care facility, including a jail, substance Barriers to Using Mainstream Programs’, purpose of aiding or facilitating the work of abuse or mental health treatment facility, issued July 6, 2000; the Council.’’; and hospital or other similar facility, and has re- ‘‘(8) conduct research and evaluation re- (6) by striking section 208 (42 U.S.C. 11318) sided there for fewer than 90 days shall be lated to its functions as defined in this sec- and inserting the following: considered chronically homeless if such per- tion; ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. son met all of the requirements described in ‘‘(9) develop joint Federal agency and other ‘‘There are authorized to be appropriated subparagraph (A) prior to entering that facil- initiatives to fulfill the goals of the agen- to carry out this title $3,000,000 for fiscal ity. cy;’’; year 2010 and such sums as may be necessary ‘‘(3) COLLABORATIVE APPLICANT.—The term (E) in paragraph (10), as so redesignated by for fiscal years 2011. Any amounts appro- ‘collaborative applicant’ means an entity subparagraph (A), by striking ‘‘and’’ at the priated to carry out this title shall remain that— end; available until expended.’’. ‘‘(A) carries out the duties specified in sec- (F) in paragraph (11), as so redesignated by (b) EFFECTIVE DATE.—The amendments tion 402; subparagraph (A), by striking the period at made by subsection (a) shall take effect on, ‘‘(B) serves as the applicant for project the end and inserting a semicolon; and shall apply beginning on, the date of the sponsors who jointly submit a single applica- (G) by adding at the end the following new enactment of this division. tion for a grant under subtitle C in accord- paragraphs: TITLE I—HOUSING ASSISTANCE GENERAL ance with a collaborative process; and ‘‘(12) develop constructive alternatives to PROVISIONS ‘‘(C) if the entity is a legal entity and is criminalizing homelessness and laws and SEC. 1101. DEFINITIONS. awarded such grant, receives such grant di- policies that prohibit sleeping, feeding, sit- Subtitle A of title IV of the McKinney- rectly from the Secretary. ting, resting, or lying in public spaces when Vento Homeless Assistance Act (42 U.S.C. ‘‘(4) COLLABORATIVE APPLICATION.—The there are no suitable alternatives, result in 11361 et seq.) is amended— term ‘collaborative application’ means an the destruction of a homeless person’s prop- (1) by striking the subtitle heading and in- application for a grant under subtitle C erty without due process, or are selectively serting the following: that— enforced against homeless persons; and ‘‘(A) satisfies section 422; and ‘‘(13) not later than the expiration of the 6- ‘‘Subtitle A—General Provisions’’; ‘‘(B) is submitted to the Secretary by a month period beginning upon completion of (2) by redesignating sections 401 and 402 (42 collaborative applicant. the study requested in a letter to the Acting U.S.C. 11361, 11362) as sections 403 and 406, re- ‘‘(5) CONSOLIDATED PLAN.—The term ‘Con- Comptroller General from the Chair and spectively; and solidated Plan’ means a comprehensive hous- Ranking Member of the House Financial (3) by inserting before section 403 (as so re- ing affordability strategy and community Services Committee and several other mem- designated by paragraph (2) of this section) development plan required in part 91 of title bers regarding various definitions of home- the following new section: 24, Code of Federal Regulations. lessness in Federal statutes, convene a meet- ‘‘SEC. 401. DEFINITIONS. ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible ing of representatives of all Federal agencies ‘‘For purposes of this title: entity’ means, with respect to a subtitle, a and committees of the House of Representa- ‘‘(1) AT RISK OF HOMELESSNESS.—The term public entity, a private entity, or an entity tives and the Senate having jurisdiction over ‘at risk of homelessness’ means, with respect that is a combination of public and private

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entities, that is eligible to directly receive ‘‘(15) PERMANENT HOUSING.—The term ‘per- grant under subtitle C to the Secretary, and, grant amounts under such subtitle. manent housing’ means community-based if awarded such grant, receives such grant ‘‘(7) FAMILIES WITH CHILDREN AND YOUTH DE- housing without a designated length of stay, directly from the Secretary. FINED AS HOMELESS UNDER OTHER FEDERAL and includes both permanent supportive ‘‘(25) SPONSOR-BASED.—The term ‘sponsor- STATUTES.—The term ‘families with children housing and permanent housing without sup- based’ means, with respect to rental assist- and youth defined as homeless under other portive services. ance, that the assistance is provided pursu- Federal statutes’ means any children or ‘‘(16) PERSONALLY IDENTIFYING INFORMA- ant to a contract that— youth that are defined as ‘homeless’ under TION.—The term ‘personally identifying in- ‘‘(A) is between— any Federal statute other than this subtitle, formation’ means individually identifying ‘‘(i) the recipient or a project sponsor; and but are not defined as homeless under sec- information for or about an individual, in- ‘‘(ii) an independent entity that— tion 103, and shall also include the parent, cluding information likely to disclose the lo- ‘‘(I) is a private organization; and parents, or guardian of such children or cation of a victim of domestic violence, dat- ‘‘(II) owns or leases dwelling units; and youth under subtitle B of title VII this Act ing violence, sexual assault, or stalking, in- ‘‘(B) provides that rental assistance pay- (42 U.S.C. 11431 et seq.). cluding— ments shall be made to the independent enti- ‘‘(8) GEOGRAPHIC AREA.—The term ‘geo- ‘‘(A) a first and last name; ty and that eligible persons shall occupy graphic area’ means a State, metropolitan ‘‘(B) a home or other physical address; such assisted units. city, urban county, town, village, or other ‘‘(C) contact information (including a post- ‘‘(26) STATE.—Except as used in subtitle B, nonentitlement area, or a combination or al, e-mail or Internet protocol address, or the term ‘State’ means each of the several telephone or facsimile number); States, the District of Columbia, the Com- consortia of such, in the United States, as ‘‘(D) a social security number; and monwealth of Puerto Rico, the United States described in section 106 of the Housing and ‘‘(E) any other information, including date Virgin Islands, Guam, American Samoa, the Community Development Act of 1974 (42 of birth, racial or ethnic background, or reli- Commonwealth of the Northern Mariana Is- U.S.C. 5306). gious affiliation, that, in combination with lands, the Trust Territory of the Pacific Is- ‘‘(9) HOMELESS INDIVIDUAL WITH A DIS- any other non-personally identifying infor- lands, and any other territory or possession ABILITY.— mation, would serve to identify any indi- of the United States. ‘‘(A) IN GENERAL.—The term ‘homeless in- vidual. ‘‘(27) SUPPORTIVE SERVICES.—The term dividual with a disability’ means an indi- ‘‘(17) PRIVATE NONPROFIT ORGANIZATION.— ‘supportive services’ means services that ad- vidual who is homeless, as defined in section The term ‘private nonprofit organization’ dress the special needs of people served by a 103, and has a disability that— means an organization— project, including— ‘‘(i)(I) is expected to be long-continuing or ‘‘(A) no part of the net earnings of which ‘‘(A) the establishment and operation of a of indefinite duration; inures to the benefit of any member, found- child care services program for families ex- ‘‘(II) substantially impedes the individual’s er, contributor, or individual; periencing homelessness; ability to live independently; ‘‘(B) that has a voluntary board; ‘‘(B) the establishment and operation of an ‘‘(III) could be improved by the provision of ‘‘(C) that has an accounting system, or has employment assistance program, including more suitable housing conditions; and designated a fiscal agent in accordance with providing job training; ‘‘(IV) is a physical, mental, or emotional requirements established by the Secretary; ‘‘(C) the provision of outpatient health impairment, including an impairment caused and services, food, and case management; by alcohol or drug abuse, post traumatic ‘‘(D) that practices nondiscrimination in ‘‘(D) the provision of assistance in obtain- stress disorder, or brain injury; the provision of assistance. ing permanent housing, employment coun- ‘‘(ii) is a developmental disability, as de- ‘‘(18) PROJECT.—The term ‘project’ means, seling, and nutritional counseling; fined in section 102 of the Developmental with respect to activities carried out under ‘‘(E) the provision of outreach services, ad- Disabilities Assistance and Bill of Rights Act subtitle C, eligible activities described in vocacy, life skills training, and housing of 2000 (42 U.S.C. 15002); or section 423(a), undertaken pursuant to a spe- search and counseling services; ‘‘(iii) is the disease of acquired immuno- cific endeavor, such as serving a particular ‘‘(F) the provision of mental health serv- deficiency syndrome or any condition arising population or providing a particular re- ices, trauma counseling, and victim services; from the etiologic agency for acquired im- source. ‘‘(G) the provision of assistance in obtain- munodeficiency syndrome. ‘‘(19) PROJECT-BASED.—The term ‘project- ing other Federal, State, and local assistance ‘‘(B) RULE.—Nothing in clause (iii) of sub- based’ means, with respect to rental assist- available for residents of supportive housing paragraph (A) shall be construed to limit eli- ance, that the assistance is provided pursu- (including mental health benefits, employ- gibility under clause (i) or (ii) of subpara- ant to a contract that— ment counseling, and medical assistance, but graph (A). ‘‘(A) is between— not including major medical equipment); ‘‘(10) LEGAL ENTITY.—The term ‘legal enti- ‘‘(i) the recipient or a project sponsor; and ‘‘(H) the provision of legal services for pur- ty’ means— ‘‘(ii) an owner of a structure that exists as poses including requesting reconsiderations ‘‘(A) an entity described in section 501(c)(3) of the date the contract is entered into; and and appeals of veterans and public benefit of the Internal Revenue Code of 1986 (26 ‘‘(B) provides that rental assistance pay- claim denials and resolving outstanding war- U.S.C. 501(c)(3)) and exempt from tax under ments shall be made to the owner and that rants that interfere with an individual’s abil- section 501(a) of such Code; the units in the structure shall be occupied ity to obtain and retain housing; ‘‘(B) an instrumentality of State or local by eligible persons for not less than the term ‘‘(I) the provision of— government; or of the contract. ‘‘(i) transportation services that facilitate ‘‘(C) a consortium of instrumentalities of ‘‘(20) PROJECT SPONSOR.—The term ‘project an individual’s ability to obtain and main- State or local governments that has con- sponsor’ means, with respect to proposed eli- tain employment; and stituted itself as an entity. gible activities, the organization directly re- ‘‘(ii) health care; and ‘‘(11) METROPOLITAN CITY; URBAN COUNTY; sponsible for carrying out the proposed eligi- ‘‘(J) other supportive services necessary to NONENTITLEMENT AREA.—The terms ‘metro- ble activities. obtain and maintain housing. politan city’, ‘urban county’, and ‘non- ‘‘(21) RECIPIENT.—Except as used in sub- ‘‘(28) TENANT-BASED.—The term ‘tenant- entitlement area’ have the meanings given title B, the term ‘recipient’ means an eligi- based’ means, with respect to rental assist- such terms in section 102(a) of the Housing ble entity who— ance, assistance that— and Community Development Act of 1974 (42 ‘‘(A) submits an application for a grant ‘‘(A) allows an eligible person to select a U.S.C. 5302(a)). under section 422 that is approved by the housing unit in which such person will live ‘‘(12) NEW.—The term ‘new’ means, with re- Secretary; using rental assistance provided under sub- spect to housing, that no assistance has been ‘‘(B) receives the grant directly from the title C, except that if necessary to assure provided under this title for the housing. Secretary to support approved projects de- that the provision of supportive services to a ‘‘(13) OPERATING COSTS.—The term ‘oper- scribed in the application; and person participating in a program is feasible, ating costs’ means expenses incurred by a ‘‘(C)(i) serves as a project sponsor for the a recipient or project sponsor may require project sponsor operating transitional hous- projects; or that the person live— ing or permanent housing under this title ‘‘(ii) awards the funds to project sponsors ‘‘(i) in a particular structure or unit for with respect to— to carry out the projects. not more than the first year of the participa- ‘‘(A) the administration, maintenance, re- ‘‘(22) SECRETARY.—The term ‘Secretary’ tion; pair, and security of such housing; means the Secretary of Housing and Urban ‘‘(ii) within a particular geographic area ‘‘(B) utilities, fuel, furnishings, and equip- Development. for the full period of the participation, or the ment for such housing; or ‘‘(23) SERIOUS MENTAL ILLNESS.—The term period remaining after the period referred to ‘‘(C) coordination of services as needed to ‘serious mental illness’ means a severe and in subparagraph (A); and ensure long-term housing stability. persistent mental illness or emotional im- ‘‘(B) provides that a person may receive ‘‘(14) OUTPATIENT HEALTH SERVICES.—The pairment that seriously limits a person’s such assistance and move to another struc- term ‘outpatient health services’ means out- ability to live independently. ture, unit, or geographic area if the person patient health care services, mental health ‘‘(24) SOLO APPLICANT.—The term ‘solo ap- has complied with all other obligations of services, and outpatient substance abuse plicant’ means an entity that is an eligible the program and has moved out of the as- services. entity, directly submits an application for a sisted dwelling unit in order to protect the

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5757 health or safety of an individual who is or ‘‘(B) receive and distribute grant funds funding agency for a geographic area under has been the victim of domestic violence, awarded under subtitle C; and paragraph (1) shall— dating violence, sexual assault, or stalking, ‘‘(C) perform other administrative duties. ‘‘(A) require each project sponsor who is and who reasonably believed he or she was ‘‘(2) RETENTION OF DUTIES.—Any collabo- funded by a grant received under subtitle C imminently threatened by harm from fur- rative applicant that designates an agent to establish such fiscal control and fund ac- ther violence if he or she remained in the as- pursuant to paragraph (1) shall regardless of counting procedures as may be necessary to sisted dwelling unit. such designation retain all of its duties and assure the proper disbursal of, and account- ‘‘(29) TRANSITIONAL HOUSING.—The term responsibilities under this title. ing for, Federal funds awarded to the project ‘transitional housing’ means housing the ‘‘(f) DUTIES.—A collaborative applicant sponsor under subtitle C in order to ensure purpose of which is to facilitate the move- shall— that all financial transactions carried out ment of individuals and families experi- ‘‘(1) design a collaborative process for the under subtitle C are conducted, and records encing homelessness to permanent housing development of an application under subtitle maintained, in accordance with generally ac- within 24 months or such longer period as C, and for evaluating the outcomes of cepted accounting principles; and the Secretary determines necessary. projects for which funds are awarded under ‘‘(B) arrange for an annual survey, audit, ‘‘(30) UNIFIED FUNDING AGENCY.—The term subtitle B, in such a manner as to provide in- or evaluation of the financial records of each ‘unified funding agency’ means a collabo- formation necessary for the Secretary— project carried out by a project sponsor fund- rative applicant that performs the duties de- ‘‘(A) to determine compliance with— ed by a grant received under subtitle C. scribed in section 402(g). ‘‘(i) the program requirements under sec- ‘‘(h) CONFLICT OF INTEREST.—No board ‘‘(31) UNDERSERVED POPULATIONS.—The tion 426; and member of a collaborative applicant may term ‘underserved populations’ includes pop- ‘‘(ii) the selection criteria described under participate in decisions of the collaborative ulations underserved because of geographic section 427; and applicant concerning the award of a grant, or location, underserved racial and ethnic popu- ‘‘(B) to establish priorities for funding provision of other financial benefits, to such lations, populations underserved because of projects in the geographic area involved; member or the organization that such mem- special needs (such as language barriers, dis- ‘‘(2) participate in the Consolidated Plan ber represents.’’. for the geographic area served by the col- abilities, alienage status, or age), and any SEC. 1103. GENERAL PROVISIONS. laborative applicant; and other population determined to be under- Subtitle A of the McKinney-Vento Home- served by the Secretary, as appropriate. ‘‘(3) ensure operation of, and consistent participation by, project sponsors in a com- less Assistance Act (42 U.S.C. 11361 et seq.) is ‘‘(32) VICTIM SERVICE PROVIDER.—The term munity-wide homeless management informa- amended by inserting after section 403 (as so ‘victim service provider’ means a private tion system (in this subsection referred to as redesignated by section 1101(2) of this divi- nonprofit organization whose primary mis- ‘HMIS’) that— sion) the following new sections: sion is to provide services to victims of do- ‘‘(A) collects unduplicated counts of indi- ‘‘SEC. 404. PREVENTING INVOLUNTARY FAMILY mestic violence, dating violence, sexual as- viduals and families experiencing homeless- SEPARATION. sault, or stalking. Such term includes rape ness; ‘‘(a) IN GENERAL.—After the expiration of crisis centers, battered women’s shelters, do- ‘‘(B) analyzes patterns of use of assistance the 2-year period that begins upon the date mestic violence transitional housing pro- provided under subtitles B and C for the geo- of the enactment of the Homeless Emergency grams, and other programs. graphic area involved; Assistance and Rapid Transition to Housing ‘‘(33) VICTIM SERVICES.—The term ‘victim ‘‘(C) provides information to project spon- Act of 2009, and except as provided in sub- services’ means services that assist domestic sors and applicants for needs analyses and section (b), any project sponsor receiving violence, dating violence, sexual assault, or funding priorities; and funds under this title to provide emergency stalking victims, including services offered ‘‘(D) is developed in accordance with stand- shelter, transitional housing, or permanent by rape crisis centers and domestic violence ards established by the Secretary, including housing to families with children under age shelters, and other organizations, with a doc- standards that provide for— 18 shall not deny admission to any family umented history of effective work con- ‘‘(i) encryption of data collected for pur- based on the age of any child under age 18. cerning domestic violence, dating violence, poses of HMIS; ‘‘(b) EXCEPTION.—Notwithstanding the re- sexual assault, or stalking.’’. ‘‘(ii) documentation, including keeping an quirement under subsection (a), project SEC. 1102. COMMUNITY HOMELESS ASSISTANCE accurate accounting, proper usage, and dis- sponsors of transitional housing receiving PLANNING BOARDS. closure, of HMIS data; funds under this title may target transi- Subtitle A of title IV of the McKinney- ‘‘(iii) access to HMIS data by staff, con- tional housing resources to families with Vento Homeless Assistance Act (42 U.S.C. tractors, law enforcement, and academic re- children of a specific age only if the project 11361 et seq.) is amended by inserting after searchers; sponsor— section 401 (as added by section 1101(3) of this ‘‘(iv) rights of persons receiving services ‘‘(1) operates a transitional housing pro- division) the following new section: under this title; gram that has a primary purpose of imple- ‘‘SEC. 402. COLLABORATIVE APPLICANTS. ‘‘(v) criminal and civil penalties for unlaw- menting an evidence-based practice that re- ‘‘(a) ESTABLISHMENT AND DESIGNATION.—A ful disclosure of data; and quires that housing units be targeted to fam- collaborative applicant shall be established ‘‘(vi) such other standards as may be deter- ilies with children in a specific age group; for a geographic area by the relevant parties mined necessary by the Secretary. and in that geographic area to— ‘‘(g) UNIFIED FUNDING.— ‘‘(2) provides such assurances, as the Sec- ‘‘(1) submit an application for amounts ‘‘(1) IN GENERAL.—In addition to the duties retary shall require, that an equivalent ap- under this subtitle; and described in subsection (f), a collaborative propriate alternative living arrangement for ‘‘(2) perform the duties specified in sub- applicant shall receive from the Secretary the whole family or household unit has been section (f) and, if applicable, subsection (g). and distribute to other project sponsors in secured. ‘‘(b) NO REQUIREMENT TO BEALEGAL ENTI- the applicable geographic area funds for ‘‘SEC. 405. TECHNICAL ASSISTANCE. TY.—An entity may be established to serve projects to be carried out by such other ‘‘(a) IN GENERAL.—The Secretary shall as a collaborative applicant under this sec- project sponsors, if— make available technical assistance to pri- tion without being a legal entity. ‘‘(A) the collaborative applicant— vate nonprofit organizations and other non- ‘‘(c) REMEDIAL ACTION.—If the Secretary ‘‘(i) applies to undertake such collection governmental entities, States, metropolitan finds that a collaborative applicant for a ge- and distribution responsibilities in an appli- cities, urban counties, and counties that are ographic area does not meet the require- cation submitted under this subtitle; and not urban counties, to implement effective ments of this section, or if there is no col- ‘‘(ii) is selected to perform such respon- planning processes for preventing and ending laborative applicant for a geographic area, sibilities by the Secretary; or homelessness, to improve their capacity to the Secretary may take remedial action to ‘‘(B) the Secretary designates the collabo- prepare collaborative applications, to pre- ensure fair distribution of grant amounts rative applicant as the unified funding agen- vent the separation of families in emergency under subtitle C to eligible entities within cy in the geographic area, after— shelter or other housing programs, and to that area. Such measures may include desig- ‘‘(i) a finding by the Secretary that the ap- adopt and provide best practices in housing nating another body as a collaborative appli- plicant— and services for persons experiencing home- cant, or permitting other eligible entities to ‘‘(I) has the capacity to perform such re- less. apply directly for grants. sponsibilities; and ‘‘(b) RESERVATION.—The Secretary shall re- ‘‘(d) CONSTRUCTION.—Nothing in this sec- ‘‘(II) would serve the purposes of this Act serve not more than 1 percent of the funds tion shall be construed to displace conflict of as they apply to the geographic area; and made available for any fiscal year for car- interest or government fair practices laws, ‘‘(ii) the Secretary provides the collabo- rying out subtitles B and C, to provide tech- or their equivalent, that govern applicants rative applicant with the technical assist- nical assistance under subsection (a).’’. for grant amounts under subtitles B and C. ance necessary to perform such responsibil- SEC. 1104. PROTECTION OF PERSONALLY IDENTI- ‘‘(e) APPOINTMENT OF AGENT.— ities as such assistance is agreed to by the FYING INFORMATION BY VICTIM ‘‘(1) IN GENERAL.—Subject to paragraph (2), collaborative applicant. SERVICE PROVIDERS. a collaborative applicant may designate an ‘‘(2) REQUIRED ACTIONS BY A UNIFIED FUND- Subtitle A of the McKinney-Vento Home- agent to— ING AGENCY.—A collaborative applicant that less Assistance Act (42 U.S.C. 11361 et seq.), ‘‘(A) apply for a grant under section 422(c); is either selected or designated as a unified as amended by the preceding provisions of

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The McKinney-Vento Homeless Assistance month period beginning on the date of the ‘‘In the course of awarding grants or imple- Act is amended by striking section 415 (42 enactment of this division, the Comptroller menting programs under this title, the Sec- U.S.C. 11374), as so redesignated by section General of the United States shall— retary shall instruct any victim service pro- 1201(3) of this division, and inserting the fol- (1) conduct a study to examine the appro- vider that is a recipient or subgrantee not to lowing new section: priate administrative costs for admin- disclose for purposes of the Homeless Man- ‘‘SEC. 415. ELIGIBLE ACTIVITIES. istering the program authorized under sub- agement Information System any personally ‘‘(a) IN GENERAL.—Assistance provided title B of title IV of the McKinney-Vento identifying information about any client. under section 412 may be used for the fol- Homeless Assistance Act (42 U.S.C. 11371 et The Secretary may, after public notice and lowing activities: seq.); and comment, require or ask such recipients and ‘‘(1) The renovation, major rehabilitation, (2) submit to Congress a report on the find- subgrantees to disclose for purposes of the or conversion of buildings to be used as ings of the study required under paragraph Homeless Management Information System emergency shelters. (1). non-personally identifying information that ‘‘(2) The provision of essential services re- TITLE III—CONTINUUM OF CARE has been de-identified, encrypted, or other- lated to emergency shelter or street out- PROGRAM wise encoded. Nothing in this section shall reach, including services concerned with em- be construed to supersede any provision of ployment, health, education, family support SEC. 1301. CONTINUUM OF CARE. any Federal, State, or local law that pro- services for homeless youth, substance abuse The McKinney-Vento Homeless Assistance vides greater protection than this subsection services, victim services, or mental health Act is amended— for victims of domestic violence, dating vio- services, if— (1) by striking the subtitle heading for sub- lence, sexual assault, or stalking.’’. ‘‘(A) such essential services have not been title C of title IV (42 U.S.C. 11381 et seq.) and SEC. 1105. AUTHORIZATION OF APPROPRIATIONS. provided by the local government during any inserting the following: Subtitle A of the McKinney-Vento Home- part of the immediately preceding 12-month ‘‘Subtitle C—Continuum of Care Program’’; less Assistance Act (42 U.S.C. 11361 et seq.), period or the Secretary determines that the and as amended by the preceding provisions of local government is in a severe financial def- (2) by striking sections 421 and 422 (42 this title, is further amended by adding at icit; or U.S.C. 11381 and 11382) and inserting the fol- the end the following new section: ‘‘(B) the use of assistance under this sub- lowing new sections: ‘‘SEC. 408. AUTHORIZATION OF APPROPRIATIONS. title would complement the provision of ‘‘SEC. 421. PURPOSES. ‘‘There are authorized to be appropriated those essential services. ‘‘The purposes of this subtitle are— to carry out this title $2,200,000,000 for fiscal ‘‘(3) Maintenance, operation, insurance, ‘‘(1) to promote community-wide commit- year 2010 and such sums as may be necessary provision of utilities, and provision of fur- ment to the goal of ending homelessness; for fiscal year 2011.’’. nishings related to emergency shelter. ‘‘(2) to provide funding for efforts by non- ‘‘(4) Provision of rental assistance to pro- TITLE II—EMERGENCY SOLUTIONS profit providers and State and local govern- vide short-term or medium-term housing to GRANTS PROGRAM ments to quickly rehouse homeless individ- homeless individuals or families or individuals and families while minimizing the trau- SEC. 1201. GRANT ASSISTANCE. uals or families at risk of homelessness. Subtitle B of title IV of the McKinney- ma and dislocation caused to individuals, Such rental assistance may include tenant- families, and communities by homelessness; Vento Homeless Assistance Act (42 U.S.C. based or project-based rental assistance. 11371 et seq.) is amended— ‘‘(3) to promote access to, and effective uti- ‘‘(5) Housing relocation or stabilization lization of, mainstream programs described (1) by striking the subtitle heading and in- services for homeless individuals or families serting the following: in section 203(a)(7) and programs funded with or individuals or families at risk of home- State or local resources; and ‘‘Subtitle B—Emergency Solutions Grants lessness, including housing search, medi- ‘‘(4) to optimize self-sufficiency among in- Program’’; ation or outreach to property owners, legal dividuals and families experiencing home- (2) by striking section 417 (42 U.S.C. 11377); services, credit repair, providing security or lessness. utility deposits, utility payments, rental as- (3) by redesignating sections 413 through ‘‘SEC. 422. CONTINUUM OF CARE APPLICATIONS 416 (42 U.S.C. 11373–6) as sections 414 through sistance for a final month at a location, as- AND GRANTS. sistance with moving costs, or other activi- 417, respectively; and ‘‘(a) PROJECTS.—The Secretary shall award (4) by striking section 412 (42 U.S.C. 11372) ties that are effective at— grants, on a competitive basis, and using the and inserting the following: ‘‘(A) stabilizing individuals and families in selection criteria described in section 427, to ‘‘SEC. 412. GRANT ASSISTANCE. their current housing; or carry out eligible activities under this sub- ‘‘The Secretary shall make grants to ‘‘(B) quickly moving such individuals and title for projects that meet the program re- States and local governments (and to private families to other permanent housing. quirements under section 426, either by di- ‘‘(b) MAXIMUM ALLOCATION FOR EMERGENCY nonprofit organizations providing assistance rectly awarding funds to project sponsors or SHELTER ACTIVITIES.—A grantee of assist- to persons experiencing homelessness or at ance provided under section 412 for any fiscal by awarding funds to unified funding agen- risk of homelessness, in the case of grants year may not use an amount of such assist- cies. made with reallocated amounts) for the pur- ance for activities described in paragraphs ‘‘(b) NOTIFICATION OF FUNDING AVAIL- pose of carrying out activities described in (1) through (3) of subsection (a) that exceeds ABILITY.—The Secretary shall release a noti- section 415. the greater of— fication of funding availability for grants ‘‘SEC. 413. AMOUNT AND ALLOCATION OF ASSIST- ‘‘(1) 60 percent of the aggregate amount of awarded under this subtitle for a fiscal year ANCE. such assistance provided for the grantee for not later than 3 months after the date of the ‘‘(a) IN GENERAL.—Of the amount made such fiscal year; or enactment of the appropriate Act making available to carry out this subtitle and sub- ‘‘(2) the amount expended by such grantee appropriations for the Department of Hous- title C for a fiscal year, the Secretary shall for such activities during fiscal year most re- ing and Urban Development for such fiscal allocate nationally 20 percent of such cently completed before the effective date year. amount for activities described in section under section 1503 of the Homeless Emer- ‘‘(c) APPLICATIONS.— 415. The Secretary shall be required to cer- gency Assistance and Rapid Transition to ‘‘(1) SUBMISSION TO THE SECRETARY.—To be tify that such allocation will not adversely Housing Act of 2009.’’. eligible to receive a grant under subsection affect the renewal of existing projects under (a), a project sponsor or unified funding SEC. 1203. PARTICIPATION IN HOMELESS MAN- this subtitle and subtitle C for those individ- AGEMENT INFORMATION SYSTEM. agency in a geographic area shall submit an uals or families who are homeless. Section 416 of the McKinney-Vento Home- application to the Secretary at such time ‘‘(b) ALLOCATION.—An entity that receives less Assistance Act (42 U.S.C. 11375), as so re- and in such manner as the Secretary may re- a grant under section 412, and serves an area designated by section 1201(3) of this division, quire, and containing such information as that includes 1 or more geographic areas (or is amended by adding at the end the fol- the Secretary determines necessary— portions of such areas) served by collabo- lowing new subsection: ‘‘(A) to determine compliance with the pro- rative applicants that submit applications ‘‘(f) PARTICIPATION IN HMIS.—The Sec- gram requirements and selection criteria under subtitle C, shall allocate the funds retary shall ensure that recipients of funds under this subtitle; and made available through the grant to carry under this subtitle ensure the consistent par- ‘‘(B) to establish priorities for funding out activities described in section 415, in ticipation by emergency shelters and home- projects in the geographic area. consultation with the collaborative appli- lessness prevention and rehousing programs ‘‘(2) ANNOUNCEMENT OF AWARDS.— cants.’’; and in any applicable community-wide homeless ‘‘(A) IN GENERAL.—Except as provided in (5) in section 414(b) (42 U.S.C. 11373(b)), as management information system.’’. subparagraph (B), the Secretary shall an- so redesignated by paragraph (3) of this sec- SEC. 1204. ADMINISTRATIVE PROVISION. nounce, within 5 months after the last date tion, by striking ‘‘amounts appropriated’’ Section 418 of the McKinney-Vento Home- for the submission of applications described and all that follows through ‘‘for any’’ and less Assistance Act (42 U.S.C. 11378) is in this subsection for a fiscal year, the

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grants conditionally awarded under sub- funded under this subtitle that the Secretary ‘‘(B) AT RISK OF HOMELESSNESS.—Subpara- section (a) for that fiscal year. determines meets the purposes of this sub- graph (A) may not be construed to prevent ‘‘(B) TRANSITION.—For a period of up to 2 title, and was included as part of a total ap- any unaccompanied youth and homeless fam- years beginning after the effective date plication that met the criteria of subsection ilies and children defined as homeless under under section 1503 of the Homeless Emer- (c), even if the application was not selected section 103(a)(6) from qualifying for, and gency Assistance and Rapid Transition to to receive grant assistance. The Secretary being treated for purposes of this subtitle as, Housing Act of 2009, the Secretary shall an- may renew the funding for a period of not at risk of homelessness or from eligibility nounce, within 6 months after the last date more than 1 year, and under such conditions for any projects, activities, or services car- for the submission of applications described as the Secretary determines to be appro- ried out using amounts provided under this in this subsection for a fiscal year, the priate. subtitle for which individuals or families grants conditionally awarded under sub- ‘‘(f) CONSIDERATIONS IN DETERMINING RE- that are at risk of homelessness are eligi- section (a) for that fiscal year. NEWAL FUNDING.—When providing renewal ble.’’. ‘‘(d) OBLIGATION, DISTRIBUTION, AND UTILI- funding for leasing, operating costs, or rent- SEC. 1302. ELIGIBLE ACTIVITIES. ZATION OF FUNDS.— al assistance for permanent housing, the The McKinney-Vento Homeless Assistance ‘‘(1) REQUIREMENTS FOR OBLIGATION.— Secretary shall make adjustments propor- Act is amended by striking section 423 (42 ‘‘(A) IN GENERAL.—Not later than 9 months tional to increases in the fair market rents U.S.C. 11383) and inserting the following new after the announcement referred to in sub- in the geographic area. section: section (c)(2), each recipient or project spon- ‘‘(g) MORE THAN 1 APPLICATION FOR A GEO- ‘‘SEC. 423. ELIGIBLE ACTIVITIES. sor shall meet all requirements for the obli- GRAPHIC AREA.—If more than 1 collaborative gation of those funds, including site control, applicant applies for funds for a geographic ‘‘(a) IN GENERAL.—Grants awarded under matching funds, and environmental review area, the Secretary shall award funds to the section 422 to qualified applicants shall be requirements, except as provided in subpara- collaborative applicant with the highest used to carry out projects that serve home- graphs (B) and (C). score based on the selection criteria set forth less individuals or families that consist of ‘‘(B) ACQUISITION, REHABILITATION, OR CON- in section 427. one or more of the following eligible activi- STRUCTION.—Not later than 24 months after ‘‘(h) APPEALS.— ties: the announcement referred to in subsection ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(1) Construction of new housing units to (c)(2), each recipient or project sponsor seek- tablish a timely appeal procedure for grant provide transitional or permanent housing. ing the obligation of funds for acquisition of amounts awarded or denied under this sub- ‘‘(2) Acquisition or rehabilitation of a housing, rehabilitation of housing, or con- title pursuant to a collaborative application structure to provide transitional or perma- struction of new housing for a grant an- or solo application for funding. nent housing, other than emergency shelter, nounced under subsection (c)(2) shall meet ‘‘(2) PROCESS.—The Secretary shall ensure or to provide supportive services. all requirements for the obligation of those that the procedure permits appeals sub- ‘‘(3) Leasing of property, or portions of funds, including site control, matching mitted by entities carrying out homeless property, not owned by the recipient or funds, and environmental review require- housing and services projects (including project sponsor involved, for use in providing ments. emergency shelters and homelessness pre- transitional or permanent housing, or pro- ‘‘(C) EXTENSIONS.—At the discretion of the vention programs), and all other applicants viding supportive services. Secretary, and in compelling circumstances, under this subtitle. ‘‘(4) Provision of rental assistance to pro- the Secretary may extend the date by which ‘‘(i) SOLO APPLICANTS.—A solo applicant vide transitional or permanent housing to el- a recipient or project sponsor shall meet the may submit an application to the Secretary igible persons. The rental assistance may in- requirements described in subparagraphs (A) for a grant under subsection (a) and be clude tenant-based, project-based, or spon- and (B) if the Secretary determines that awarded such grant on the same basis as sor-based rental assistance. Project-based compliance with the requirements was de- such grants are awarded to other applicants rental assistance, sponsor-based rental as- layed due to factors beyond the reasonable based on the criteria described in section 427, sistance, and operating cost assistance con- control of the recipient or project sponsor. but only if the Secretary determines that tracts carried out by project sponsors receiv- Such factors may include difficulties in ob- the solo applicant has attempted to partici- ing grants under this section may, at the dis- taining site control for a proposed project, pate in the continuum of care process but cretion of the applicant and the project spon- completing the process of obtaining secure was not permitted to participate in a reason- sor, have an initial term of 15 years, with as- financing for the project, obtaining approv- able manner. The Secretary may award such sistance for the first 5 years paid with funds als from State or local governments, or com- grants directly to such applicants in a man- authorized for appropriation under this Act, pleting the technical submission require- ner determined to be appropriate by the Sec- and assistance for the remainder of the term ments for the project. retary. treated as a renewal of an expiring contract ‘‘(2) OBLIGATION.—Not later than 45 days ‘‘(j) FLEXIBILITY TO SERVE PERSONS DE- as provided in section 429. Project-based after a recipient or project sponsor meets the FINED AS HOMELESS UNDER OTHER FEDERAL rental assistance may include rental assist- requirements described in paragraph (1), the LAWS.— ance to preserve existing permanent sup- Secretary shall obligate the funds for the ‘‘(1) IN GENERAL.—A collaborative appli- portive housing for homeless individuals and grant involved. cant may use not more than 10 percent of families. ‘‘(3) DISTRIBUTION.—A recipient that refunds awarded under this subtitle (con- ‘‘(5) Payment of operating costs for hous- ceives funds through such a grant— tinuum of care funding) for any of the types ing units assisted under this subtitle or for ‘‘(A) shall distribute the funds to project of eligible activities specified in paragraphs the preservation of housing that will serve sponsors (in advance of expenditures by the (1) through (7) of section 423(a) to serve fami- homeless individuals and families and for project sponsors); and lies with children and youth defined as which another form of assistance is expiring ‘‘(B) shall distribute the appropriate por- homeless under other Federal statutes, or or otherwise no longer available. tion of the funds to a project sponsor not homeless families with children and youth ‘‘(6) Supportive services for individuals and later than 45 days after receiving a request defined as homeless under section 103(a)(6), families who are currently homeless, who for such distribution from the project spon- but only if the applicant demonstrates that have been homeless in the prior six months sor. the use of such funds is of an equal or greater but are currently residing in permanent ‘‘(4) EXPENDITURE OF FUNDS.—The Sec- priority or is equally or more cost effective housing, or who were previously homeless retary may establish a date by which funds in meeting the overall goals and objectives and are currently residing in permanent sup- made available through a grant announced of the plan submitted under section portive housing. under subsection (c)(2) for a homeless assist- 427(b)(1)(B), especially with respect to chil- ‘‘(7) Provision of rehousing services, in- ance project shall be entirely expended by dren and unaccompanied youth. cluding housing search, mediation or out- the recipient or project sponsors involved. ‘‘(2) LIMITATIONS.—The 10 percent limita- reach to property owners, credit repair, pro- The date established under this paragraph tion under paragraph (1) shall not apply to viding security or utility deposits, rental as- shall not occur before the expiration of the collaborative applicants in which the rate of sistance for a final month at a location, as- 24-month period beginning on the date that homelessness, as calculated in the most resistance with moving costs, or other activi- funds are obligated for activities described cent point in time count, is less than one- ties that— under paragraphs (1) or (2) of section 423(a). tenth of 1 percent of total population. ‘‘(A) are effective at moving homeless indi- The Secretary shall recapture the funds not ‘‘(3) TREATMENT OF CERTAIN POPULATIONS.— viduals and families immediately into hous- expended by such date. The Secretary shall ‘‘(A) IN GENERAL.—Notwithstanding section ing; or reallocate the funds for another homeless as- 103(a) and subject to subparagraph (B), funds ‘‘(B) may benefit individuals and families sistance and prevention project that meets awarded under this subtitle may be used for who in the prior 6 months have been home- the requirements of this subtitle to be car- eligible activities to serve unaccompanied less, but are currently residing in permanent ried out, if possible and appropriate, in the youth and homeless families and children de- housing. same geographic area as the area served fined as homeless under section 103(a)(6) only ‘‘(8) In the case of a collaborative applicant through the original grant. pursuant to paragraph (1) of this subsection that is a legal entity, performance of the du- ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL and such families and children shall not oth- ties described under section 402(f)(3). APPLICANTS.—The Secretary may renew erwise be considered as homeless for pur- ‘‘(9) Operation of, participation in, and en- funding for a specific project previously poses of this subtitle. suring consistent participation by project

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The Sec- such costs. used for the project results in the use of the retary, on an annual basis, may renew any ‘‘(11) In the case of a collaborative appli- property for the direct benefit of very low-in- such designation. cant that is a unified funding agency under come persons; ‘‘(b) APPLICATION.— section 402(g), payment of administrative ‘‘(B) all of the proceeds of the sale or dis- ‘‘(1) IN GENERAL.—A collaborative appli- costs related to meeting the requirements of position are used to provide transitional or cant seeking designation as a high-per- that section, for which the unified funding permanent housing meeting the require- forming community under subsection (a) agency may use not more than 3 percent of ments of this subtitle; shall submit an application to the Secretary the total funds made available in the geo- ‘‘(C) project-based rental assistance or op- at such time, and in such manner as the Sec- graphic area under this subtitle for such erating cost assistance from any Federal retary may require. costs, in addition to funds used under para- program or an equivalent State or local pro- ‘‘(2) CONTENT OF APPLICATION.—In any ap- graph (10). gram is no longer made available and the plication submitted under paragraph (1), a ‘‘(12) Payment of administrative costs to project is meeting applicable performance collaborative applicant shall include in such project sponsors, for which each project standards, provided that the portion of the application— sponsor may use not more than 10 percent of project that had benefitted from such assist- ‘‘(A) a report showing how any money re- the total funds made available to that ance continues to meet the tenant income ceived under this subtitle in the preceding project sponsor through this subtitle for and rent restrictions for low-income units year was expended; and such costs. under section 42(g) of the Internal Revenue ‘‘(B) information that such applicant can ‘‘(b) MINIMUM GRANT TERMS.—The Sec- Code of 1986; or meet the requirements described under sub- retary may impose minimum grant terms of ‘‘(D) there are no individuals and families section (d). up to 5 years for new projects providing per- in the geographic area who are homeless, in ‘‘(3) PUBLICATION OF APPLICATION.—The manent housing. which case the project may serve individuals Secretary shall— ‘‘(c) USE RESTRICTIONS.— and families at risk of homelessness. ‘‘(A) publish any report or information ‘‘(1) ACQUISITION, REHABILITATION, AND NEW ‘‘(e) STAFF TRAINING.—The Secretary may submitted in an application under this sec- CONSTRUCTION.—A project that consists of action in the geographic area represented by tivities described in paragraph (1) or (2) of allow reasonable costs associated with staff training to be included as part of the activi- the collaborative applicant; and subsection (a) shall be operated for the pur- ‘‘(B) seek comments from the public as to pose specified in the application submitted ties described in subsection (a). ‘‘(f) ELIGIBILITY FOR PERMANENT HOUSING.— whether the collaborative applicant seeking for the project under section 422 for not less designation as a high-performing community than 15 years. Any project that receives assistance under subsection (a) and that provides project- meets the requirements described under sub- ‘‘(2) OTHER ACTIVITIES.—A project that con- based or sponsor-based permanent housing section (d). sists of activities described in any of para- ‘‘(c) USE OF FUNDS.—Funds awarded under graphs (3) through (12) of subsection (a) shall for homeless individuals or families with a disability, including projects that meet the section 422(a) to a project sponsor who is lo- be operated for the purpose specified in the cated in a high-performing community may requirements of subsection (a) and sub- application submitted for the project under be used— section (d)(2)(A) of section 428 may also serve section 422 for the duration of the grant pe- ‘‘(1) for any of the eligible activities de- individuals who had previously met the re- riod involved. scribed in section 423; or quirements for such project prior to moving ‘‘(3) CONVERSION.—If the recipient or ‘‘(2) for any of the eligible activities de- into a different permanent housing project. project sponsor carrying out a project that scribed in paragraphs (4) and (5) of section ‘‘(g) ADMINISTRATION OF RENTAL ASSIST- provides transitional or permanent housing 415(a). ANCE.—Provision of permanent housing rent- submits a request to the Secretary to carry ‘‘(d) DEFINITION OF HIGH-PERFORMING COM- al assistance shall be administered by a out instead a project for the direct benefit of MUNITY.—For purposes of this section, the State, unit of general local government, or low-income persons, and the Secretary deter- term ‘high-performing community’ means a public housing agency.’’. mines that the initial project is no longer geographic area that demonstrates through needed to provide transitional or permanent SEC. 1303. HIGH PERFORMING COMMUNITIES. reliable data that all five of the following rehousing, the Secretary may approve the The McKinney-Vento Homeless Assistance quirements are met for that geographic area: project described in the request and author- Act is amended by striking section 424 (42 ‘‘(1) TERM OF HOMELESSNESS.—The mean ize the recipient or project sponsor to carry U.S.C. 11384) and inserting the following: length of episodes of homelessness for that out that project. ‘‘SEC. 424. INCENTIVES FOR HIGH-PERFORMING geographic area— ‘‘(d) REPAYMENT OF ASSISTANCE AND PRE- COMMUNITIES. ‘‘(A) is less than 20 days; or VENTION OF UNDUE BENEFITS.— ‘‘(a) DESIGNATION AS A HIGH-PERFORMING ‘‘(B) for individuals and families in similar ‘‘(1) REPAYMENT.—If a recipient or project COMMUNITY.— circumstances in the preceding year was at sponsor receives assistance under section 422 ‘‘(1) IN GENERAL.—The Secretary shall des- least 10 percent less than in the year before. to carry out a project that consists of activi- ignate, on an annual basis, which collabo- ‘‘(2) FAMILIES LEAVING HOMELESSNESS.—Of ties described in paragraph (1) or (2) of sub- rative applicants represent high-performing individuals and families— section (a) and the project ceases to provide communities. ‘‘(A) who leave homelessness, fewer than 5 transitional or permanent housing— ‘‘(2) CONSIDERATION.—In determining percent of such individuals and families be- ‘‘(A) earlier than 10 years after operation whether to designate a collaborative appli- come homeless again at any time within the of the project begins, the Secretary shall re- cant as a high-performing community under next 2 years; or quire the recipient or project sponsor to paragraph (1), the Secretary shall establish ‘‘(B) in similar circumstances who leave repay 100 percent of the assistance; or criteria to ensure that the requirements de- homelessness, the percentage of such indi- ‘‘(B) not earlier than 10 years, but earlier scribed under paragraphs (1)(B) and (2)(B) of viduals and families who become homeless than 15 years, after operation of the project subsection (d) are measured by comparing again within the next 2 years has decreased begins, the Secretary shall require the re- homeless individuals and families under by at least 20 percent from the preceding cipient or project sponsor to repay 20 percent similar circumstances, in order to encourage year. of the assistance for each of the years in the projects in the geographic area to serve ‘‘(3) COMMUNITY ACTION.—The communities 15-year period for which the project fails to homeless individuals and families with more that compose the geographic area have— provide that housing. severe barriers to housing stability. ‘‘(A) actively encouraged homeless individ- ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex- ‘‘(3) 2-YEAR PHASE IN.—In each of the first uals and families to participate in homeless cept as provided in paragraph (3), if any 2 years after the effective date under section assistance services available in that geo- property is used for a project that receives 1503 of the Homeless Emergency Assistance graphic area; and assistance under subsection (a) and consists and Rapid Transition to Housing Act of 2009, ‘‘(B) included each homeless individual or of activities described in paragraph (1) or (2) the Secretary shall designate not more than family who sought homeless assistance serv- of subsection (a), and the sale or other dis- 10 collaborative applicants as high-per- ices in the data system used by that commu- position of the property occurs before the ex- forming communities. nity for determining compliance with this piration of the 15-year period beginning on ‘‘(4) EXCESS OF QUALIFIED APPLICANTS.—If, subsection. the date that operation of the project begins, during the 2-year period described under ‘‘(4) EFFECTIVENESS OF PREVIOUS ACTIVI- the recipient or project sponsor who received paragraph (2), more than 10 collaborative ap- TIES.—If recipients in the geographic area the assistance shall comply with such terms plicants could qualify to be designated as have used funding awarded under section

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Head Start, part C of the Individuals with ‘‘(i) the length of time individuals and fam- ‘‘(5) FLEXIBILITY TO SERVE PERSONS DEFINED Disabilities Education Act, and programs au- ilies remain homeless; AS HOMELESS UNDER OTHER FEDERAL LAWS.— thorized under subtitle B of title VII of this ‘‘(ii) the extent to which individuals and With respect to collaborative applicants ex- Act (42 U.S.C. 11431 et seq.); and families who leave homelessness experience ercising the authority under section 422(j) to ‘‘(E) they will provide data and reports as additional spells of homelessness; serve homeless families with children and required by the Secretary pursuant to the ‘‘(iii) the thoroughness of grantees in the youth defined as homeless under other Fed- Act; geographic area in reaching homeless indi- eral statutes, effectiveness in achieving the ‘‘(5) if a collaborative applicant is a unified viduals and families; goals and outcomes identified in subsection funding agency under section 402(g) and re- ‘‘(iv) overall reduction in the number of 427(b)(1)(F) according to such standards as ceives funds under subtitle C to carry out homeless individuals and families; the Secretary shall promulgate. the payment of administrative costs de- ‘‘(v) jobs and income growth for homeless ‘‘(e) COOPERATION AMONG ENTITIES.—A col- scribed in section 423(a)(11), to establish such individuals and families; laborative applicant designated as a high- fiscal control and fund accounting proce- ‘‘(vi) success at reducing the number of in- performing community under this section dures as may be necessary to assure the dividuals and families who become homeless; shall cooperate with the Secretary in distrib- proper disbursal of, and accounting for, such ‘‘(vii) other accomplishments by the recipi- uting information about successful efforts funds in order to ensure that all financial ent related to reducing homelessness; and within the geographic area represented by transactions carried out with such funds are ‘‘(viii) for collaborative applicants that the collaborative applicant to reduce home- conducted, and records maintained, in ac- have exercised the authority under section lessness.’’. cordance with generally accepted accounting 422(j) to serve families with children and SEC. 1304. PROGRAM REQUIREMENTS. principles; youth defined as homeless under other Fed- Section 426 of the McKinney-Vento Home- ‘‘(6) to monitor and report to the Secretary eral statutes, success in achieving the goals less Assistance Act (42 U.S.C. 11386) is the provision of matching funds as required and outcomes identified in section amended— by section 430; 427(b)(1)(F); (1) by striking subsections (a), (b), and (c) ‘‘(7) to take the educational needs of chil- ‘‘(B) the plan of the recipient, which shall and inserting the following: dren into account when families are placed describe— ‘‘(a) SITE CONTROL.—The Secretary shall in emergency or transitional shelter and ‘‘(i) how the number of individuals and require that each application include reason- will, to the maximum extent practicable, families who become homeless will be re- able assurances that the applicant will own place families with children as close as pos- duced in the community; or have control of a site for the proposed sible to their school of origin so as not to ‘‘(ii) how the length of time that individ- project not later than the expiration of the disrupt such children’s education; and uals and families remain homeless will be re- 12-month period beginning upon notification ‘‘(8) to comply with such other terms and duced; of an award for grant assistance, unless the conditions as the Secretary may establish to ‘‘(iii) how the recipient will collaborate application proposes providing supportive carry out this subtitle in an effective and ef- with local education authorities to assist in housing assistance under section 423(a)(3) or ficient manner.’’; the identification of individuals and families housing that will eventually be owned or (2) by redesignating subsection (d) as sub- who become or remain homeless and are in- controlled by the families and individuals section (c); formed of their eligibility for services under served. An applicant may obtain ownership (3) in the first sentence of subsection (c) subtitle B of title VII of this Act (42 U.S.C. or control of a suitable site different from (as so redesignated by paragraph (2) of this 11431 et seq.); the site specified in the application. If any subsection), by striking ‘‘recipient’’ and in- ‘‘(iv) the extent to which the recipient recipient or project sponsor fails to obtain serting ‘‘recipient or project sponsor’’; will— ownership or control of the site within 12 (4) by striking subsection (e); ‘‘(I) address the needs of all relevant sub- months after notification of an award for (5) by redesignating subsections (f), (g), and populations; grant assistance, the grant shall be recap- (h), as subsections (d), (e), and (f), respec- ‘‘(II) incorporate comprehensive strategies tured and reallocated under this subtitle. tively; for reducing homelessness, including the ‘‘(b) REQUIRED AGREEMENTS.—The Sec- (6) in the first sentence of subsection (e) interventions referred to in section 428(d); retary may not provide assistance for a pro- (as so redesignated by paragraph (5) of this ‘‘(III) set quantifiable performance meas- posed project under this subtitle unless the section), by striking ‘‘recipient’’ each place ures; collaborative applicant involved agrees— it appears and inserting ‘‘recipient or project ‘‘(IV) set timelines for completion of spe- ‘‘(1) to ensure the operation of the project sponsor’’; cific tasks; in accordance with the provisions of this (7) by striking subsection (i); and ‘‘(V) identify specific funding sources for subtitle; (8) by redesignating subsection (j) as sub- planned activities; and ‘‘(2) to monitor and report to the Secretary section (g). ‘‘(VI) identify an individual or body re- the progress of the project; SEC. 1305. SELECTION CRITERIA, ALLOCATION sponsible for overseeing implementation of ‘‘(3) to ensure, to the maximum extent AMOUNTS, AND FUNDING. specific strategies; and practicable, that individuals and families ex- The McKinney-Vento Homeless Assistance ‘‘(v) whether the recipient proposes to experiencing homelessness are involved, Act is amended— ercise authority to use funds under section through employment, provision of volunteer (1) by repealing section 429 (42 U.S.C. 422(j), and if so, how the recipient will services, or otherwise, in constructing, reha- 11389); and achieve the goals and outcomes identified in bilitating, maintaining, and operating facili- (2) by redesignating sections 427 and 428 (42 section 427(b)(1)(F); ties for the project and in providing sup- U.S.C. 11387, 11388) as sections 432 and 433, re- ‘‘(C) the methodology of the recipient used portive services for the project; spectively; and to determine the priority for funding local ‘‘(4) to require certification from all (3) by inserting after section 426 the fol- projects under section 422(c)(1), including the project sponsors that— lowing new sections: extent to which the priority-setting proc- ‘‘(A) they will maintain the confidentiality ‘‘SEC. 427. SELECTION CRITERIA. ess— of records pertaining to any individual or ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(i) uses periodically collected information family provided family violence prevention award funds to recipients through a national and analysis to determine the extent to or treatment services through the project; competition between geographic areas based which each project has resulted in rapid re- ‘‘(B) that the address or location of any on criteria established by the Secretary. turn to permanent housing for those served family violence shelter project assisted ‘‘(b) REQUIRED CRITERIA.— by the project, taking into account the se- under this subtitle will not be made public, ‘‘(1) IN GENERAL.—The criteria established verity of barriers faced by the people the except with written authorization of the per- under subsection (a) shall include— project serves; son responsible for the operation of such ‘‘(A) the previous performance of the re- ‘‘(ii) considers the full range of opinions project; cipient regarding homelessness, including from individuals or entities with knowledge ‘‘(C) they will establish policies and prac- performance related to funds provided under of homelessness in the geographic area or an tices that are consistent with, and do not re- section 412 (except that recipients applying interest in preventing or ending homeless- strict the exercise of rights provided by, sub- from geographic areas where no funds have ness in the geographic area; title B of title VII, and other laws relating to been awarded under this subtitle, or under ‘‘(iii) is based on objective criteria that the provision of educational and related subtitles C, D, E, or F of title IV of this Act, have been publicly announced by the recipi- services to individuals and families experi- as in effect prior to the date of the enact- ent; and encing homelessness; ment of the Homeless Emergency Assistance ‘‘(iv) is open to proposals from entities ‘‘(D) in the case of programs that provide and Rapid Transition to Housing Act of 2009, that have not previously received funds housing or services to families, they will des- shall receive full credit for performance under this subtitle;

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‘‘(D) the extent to which the amount of as- ‘‘(c) ADJUSTMENTS.—The Secretary may ‘‘(B) for homeless families, rapid rehousing sistance to be provided under this subtitle to adjust the formula described in subsection services, short-term flexible subsidies to the recipient will be supplemented with re- (b)(2) as necessary— overcome barriers to rehousing, support sources from other public and private ‘‘(1) to ensure that each collaborative ap- services concentrating on improving incomes sources, including mainstream programs plicant has sufficient funding to renew all to pay rent, coupled with performance meas- identified by the Government Accountability qualified projects for at least one year; and ures emphasizing rapid and permanent re- Office in the two reports described in section ‘‘(2) to ensure that collaborative applicants housing and with leveraging funding from 203(a)(7); are not discouraged from replacing renewal mainstream family service systems such as ‘‘(E) demonstrated coordination by the re- projects with new projects that the collabo- Temporary Assistance for Needy Families cipient with the other Federal, State, local, rative applicant determines will better be and Child Welfare services; and private, and other entities serving individ- able to meet the purposes of this Act. ‘‘(C) any other activity determined by the uals and families experiencing homelessness ‘‘SEC. 428. ALLOCATION OF AMOUNTS AND INCEN- Secretary, based on research and after notice and at risk of homelessness in the planning TIVES FOR SPECIFIC ELIGIBLE AC- and comment to the public, to have been and operation of projects; TIVITIES. proven effective at reducing homelessness ‘‘(F) for collaborative applicants exercising ‘‘(a) MINIMUM ALLOCATION FOR PERMANENT generally, reducing homelessness for a spe- the authority under section 422(j) to serve HOUSING FOR HOMELESS INDIVIDUALS AND cific subpopulation, or achieving homeless homeless families with children and youth FAMILIES WITH DISABILITIES.— prevention and independent living goals as defined as homeless under other Federal ‘‘(1) IN GENERAL.—From the amounts made set forth in section 427(b)(1)(F). statutes, program goals and outcomes, which available to carry out this subtitle for a fis- ‘‘(3) BALANCE OF INCENTIVES FOR PROVEN shall include— cal year, a portion equal to not less than 30 STRATEGIES.—To the extent practicable, in ‘‘(i) preventing homelessness among the percent of the sums made available to carry providing bonuses or incentives for proven subset of such families with children and out subtitle B and this subtitle, shall be used strategies, the Secretary shall seek to main- youth who are at highest risk of becoming for permanent housing for homeless individ- tain a balance among strategies targeting homeless, as such term is defined for pur- uals with disabilities and homeless families homeless individuals, families, and other poses of this title; or that include such an individual who is an subpopulations. The Secretary shall not im- ‘‘(ii) achieving independent living in per- adult or a minor head of household if no plement bonuses or incentives that specifi- manent housing among such families with adult is present in the household. cally discourage collaborative applicants children and youth, especially those who ‘‘(2) CALCULATION.—In calculating the por- from exercising their flexibility to serve have a history of doubled-up and other tem- tion of the amount described in paragraph (1) families with children and youth defined as porary housing situations or are living in a that is used for activities that are described homeless under other Federal statutes. temporary housing situation due to lack of in paragraph (1), the Secretary shall not ‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMEN- available and appropriate emergency shelter, count funds made available to renew con- TATION OF PROVEN STRATEGIES.—If any geo- through the provision of eligible assistance tracts for existing projects under section 429. graphic area demonstrates that it has fully that directly contributes to achieving such ‘‘(3) ADJUSTMENT.—The 30 percent figure in implemented any of the activities described results including assistance to address paragraph (1) shall be reduced proportion- in subsection (d) for all homeless individuals chronic disabilities, chronic physical health ately based on need under section 427(b)(2) in and families or for all members of subpopula- or mental health conditions, substance ad- geographic areas for which subsection (e) ap- tions for whom such activities are targeted, diction, histories of domestic violence or plies in regard to subsection (d)(2)(A). that geographic area shall receive the bonus childhood abuse, or multiple barriers to em- ‘‘(4) SUSPENSION.—The requirement estab- or incentive provided under subsection (d), ployment; and lished in paragraph (1) shall be suspended for but may use such bonus or incentive for any ‘‘(G) such other factors as the Secretary any year in which funding available for eligible activity under either section 423 or determines to be appropriate to carry out grants under this subtitle after making the paragraphs (4) and (5) of section 415(a) for this subtitle in an effective and efficient allocation established in paragraph (1) would manner. homeless people generally or for the relevant not be sufficient to renew for 1 year all exist- subpopulation. ‘‘(2) ADDITIONAL CRITERIA.—In addition to ing grants that would otherwise be fully the criteria required under paragraph (1), the funded under this subtitle. ‘‘SEC. 429. RENEWAL FUNDING AND TERMS OF AS- criteria established under paragraph (1) shall SISTANCE FOR PERMANENT HOUS- ‘‘(5) TERMINATION.—The requirement estab- ING. also include the need within the geographic lished in paragraph (1) shall terminate upon area for homeless services, determined as ‘‘(a) IN GENERAL.—Renewal of expiring con- a finding by the Secretary that since the be- tracts for leasing, rental assistance, or oper- follows and under the following conditions: ginning of 2001 at least 150,000 new units of ‘‘(A) NOTICE.—The Secretary shall inform ating costs for permanent housing contracts permanent housing for homeless individuals may be funded either— each collaborative applicant, at a time con- and families with disabilities have been current with the release of the notice of ‘‘(1) under the appropriations account for funded under this subtitle. this title; or funding availability for the grants, of the pro ‘‘(b) SET-ASIDE FOR PERMANENT HOUSING ‘‘(2) the section 8 project-based rental as- rata estimated grant amount under this sub- FOR HOMELESS FAMILIES WITH CHILDREN.— sistance account. title for the geographic area represented by From the amounts made available to carry the collaborative applicant. out this subtitle for a fiscal year, a portion ‘‘(b) RENEWALS.—The sums made available ‘‘(B) AMOUNT.— equal to not less than 10 percent of the sums under subsection (a) shall be available for ‘‘(i) FORMULA.—Such estimated grant made available to carry out subtitle B and the renewal of contracts in the case of ten- amounts shall be determined by a formula, this subtitle for that fiscal year shall be used ant-based assistance, successive 1-year which shall be developed by the Secretary, to provide or secure permanent housing for terms, and in the case of project-based as- by regulation, not later than the expiration homeless families with children. sistance, successive terms of up to 15 years of the 2-year period beginning upon the date ‘‘(c) TREATMENT OF AMOUNTS FOR PERMA- at the discretion of the applicant or project of the enactment of the Homeless Emergency NENT OR TRANSITIONAL HOUSING.—Nothing in sponsor and subject to the availability of an- Assistance and Rapid Transition to Housing this Act may be construed to establish a nual appropriations, for rental assistance Act of 2009, that is based upon factors that limit on the amount of funding that an ap- and housing operation costs associated with are appropriate to allocate funds to meet the plicant may request under this subtitle for permanent housing projects funded under goals and objectives of this subtitle. acquisition, construction, or rehabilitation this subtitle, or under subtitle C or F (as in ‘‘(ii) COMBINATIONS OR CONSORTIA.—For a activities for the development of permanent effect on the day before the effective date of collaborative applicant that represents a housing or transitional housing. the Homeless Emergency Assistance and combination or consortium of cities or coun- ‘‘(d) INCENTIVES FOR PROVEN STRATEGIES.— Rapid Transition to Housing Act of 2009). ties, the estimated need amount shall be the ‘‘(1) IN GENERAL.—The Secretary shall pro- The Secretary shall determine whether to sum of the estimated need amounts for the vide bonuses or other incentives to geo- renew a contract for such a permanent hous- cities or counties represented by the collabo- graphic areas for using funding under this ing project on the basis of certification by rative applicant. subtitle for activities that have been proven the collaborative applicant for the geo- ‘‘(iii) AUTHORITY OF SECRETARY.—Subject to be effective at reducing homelessness gen- graphic area that— to the availability of appropriations, the erally, reducing homelessness for a specific ‘‘(1) there is a demonstrated need for the Secretary shall increase the estimated need subpopulation, or achieving homeless pre- project; and amount for a geographic area if necessary to vention and independent living goals as set ‘‘(2) the project complies with program re- provide 1 year of renewal funding for all ex- forth in section 427(b)(1)(F). quirements and appropriate standards of piring contracts entered into under this sub- ‘‘(2) RULE OF CONSTRUCTION.—For purposes housing quality and habitability, as deter- title for the geographic area. of this subsection, activities that have been mined by the Secretary. ‘‘(3) HOMELESSNESS COUNTS.—The Secretary proven to be effective at reducing homeless- ‘‘(c) CONSTRUCTION.—Nothing in this sec- shall not require that communities conduct ness generally or reducing homelessness for tion shall be construed as prohibiting the an actual count of homeless people other a specific subpopulation includes— Secretary from renewing contracts under than those described in paragraphs (1) ‘‘(A) permanent supportive housing for this subtitle in accordance with criteria set through (4) of section 103(a) of this Act (42 chronically homeless individuals and fami- forth in a provision of this subtitle other U.S.C. 11302(a)). lies; than this section.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5763 ‘‘SEC. 430. MATCHING FUNDING. (iii) by striking paragraphs (1), (2), and (3), ficiaries or clients of an eligible organization ‘‘(a) IN GENERAL.—A collaborative appli- and inserting the following: by an entity other than the organization cant in a geographic area in which funds are ‘‘(1) rehousing or improving the housing may count toward the contributions in para- awarded under this subtitle shall specify situations of individuals and families who graph (1) only when documented by a memo- contributions from any source other than a are homeless or in the worst housing situa- randum of understanding between the orga- grant awarded under this subtitle, including tions in the geographic area; nization and the other entity that such serv- renewal funding of projects assisted under ‘‘(2) stabilizing the housing of individuals ices will be provided. subtitles C, D, and F of this title as in effect and families who are in imminent danger of ‘‘(3) COUNTABLE ACTIVITIES.—The contribu- before the effective date under section 1503 of losing housing; and tions required under paragraph (1) may con- the Homeless Emergency Assistance and ‘‘(3) improving the ability of the lowest-insist of— Rapid Transition to Housing Act of 2009, that come residents of the community to afford ‘‘(A) funding for any eligible activity de- shall be made available in the geographic stable housing.’’; scribed under subsection (b); and area in an amount equal to not less than 25 (C) in subsection (b)(1)— ‘‘(B) subject to paragraph (2), in-kind pro- percent of the funds provided to recipients in (i) by redesignating subparagraphs (E), (F), vision of services of any eligible activity de- the geographic area, except that grants for and (G) as subparagraphs (I), (J), and (K), re- scribed under subsection (b). leasing shall not be subject to any match respectively; and ‘‘(g) SELECTION CRITERIA.—The Secretary quirement. (ii) by striking subparagraph (D) and in- shall establish criteria for selecting recipi- ‘‘(b) LIMITATIONS ON IN-KIND MATCH.—The serting the following: ents of grants under subsection (a), includ- cash value of services provided to the resi- ‘‘(D) construction of new housing units to ing— dents or clients of a project sponsor by an provide transitional or permanent housing to ‘‘(1) the participation of potential bene- entity other than the project sponsor may homeless individuals and families and indi- ficiaries of the project in assessing the need count toward the contributions in subsection viduals and families at risk of homelessness; for, and importance of, the project in the (a) only when documented by a memorandum ‘‘(E) acquisition or rehabilitation of a community; of understanding between the project spon- structure to provide supportive services or to ‘‘(2) the degree to which the project ad- sor and the other entity that such services provide transitional or permanent housing, dresses the most harmful housing situations will be provided. other than emergency shelter, to homeless present in the community; ‘‘(3) the degree of collaboration with others ‘‘(c) COUNTABLE ACTIVITIES.—The contribu- individuals and families and individuals and tions required under subsection (a) may con- families at risk of homelessness; in the community to meet the goals de- sist of— ‘‘(F) leasing of property, or portions of scribed in subsection (a); ‘‘(1) funding for any eligible activity de- property, not owned by the recipient or ‘‘(4) the performance of the organization in scribed under section 423; and project sponsor involved, for use in providing improving housing situations, taking ac- ‘‘(2) subject to subsection (b), in-kind pro- transitional or permanent housing to home- count of the severity of barriers of individuals and families served by the organization; vision of services of any eligible activity de- less individuals and families and individuals ‘‘(5) for organizations that have previously scribed under section 423. and families at risk of homelessness, or providing supportive services to such homeless received funding under this section, the ex- ‘‘SEC. 431. APPEAL PROCEDURE. and at-risk individuals and families; tent of improvement in homelessness and the ‘‘(a) IN GENERAL.—With respect to funding ‘‘(G) provision of rental assistance to pro- worst housing situations in the community under this subtitle, if certification of con- vide transitional or permanent housing to since such funding began; sistency with the consolidated plan pursuant homeless individuals and families and indi- ‘‘(6) the need for such funds, as determined to section 403 is withheld from an applicant viduals and families at risk of homelessness, by the formula established under section who has submitted an application for that such rental assistance may include tenant- 427(b)(2); and certification, such applicant may appeal based or project-based rental assistance; ‘‘(7) any other relevant criteria as deter- such decision to the Secretary. ‘‘(H) payment of operating costs for hous- mined by the Secretary.’’; ‘‘(b) PROCEDURE.—The Secretary shall es- ing units assisted under this title;’’; (H) in subsection (h)— tablish a procedure to process the appeals de- (D) in subsection (b)(2), by striking ‘‘appro- (i) in paragraph (1), in the matter prescribed in subsection (a). priated’’ and inserting ‘‘transferred’’; ceding subparagraph (A), by striking ‘‘The’’ ‘‘(c) DETERMINATION.—Not later than 45 (E) in subsection (c)— and inserting ‘‘Not later than 18 months days after the date of receipt of an appeal de- (i) in paragraph (1)(A), by striking ‘‘appro- after funding is first made available pursu- scribed in subsection (a), the Secretary shall priated’’ and inserting ‘‘transferred’’; and ant to the amendments made by title IV of determine if certification was unreasonably (ii) in paragraph (3), by striking ‘‘appro- the Homeless Emergency Assistance and withheld. If such certification was unreason- priated’’ and inserting ‘‘transferred’’; Rapid Transition to Housing Act of 2009, ably withheld, the Secretary shall review (F) in subsection (d)— the’’; and such application and determine if such appli- (i) in paragraph (5), by striking ‘‘; and’’ and (ii) in paragraph (1)(A), by striking ‘‘pro- cant shall receive funding under this sub- inserting a semicolon; viding housing and other assistance to home- title.’’. (ii) in paragraph (6)— less persons’’ and inserting ‘‘meeting the SEC. 1306. RESEARCH. (I) by striking ‘‘an agreement’’ and all that goals described in subsection (a)’’; There is authorized to be appropriated follows through ‘‘families’’ and inserting the (iii) in paragraph (1)(B), by striking ‘‘ad- $8,000,000, for each of fiscal years 2010 and following: ‘‘a description of how individuals dress homelessness in rural areas’’ and in- 2011, for research into the efficacy of inter- and families who are homeless or who have serting ‘‘meet the goals described in sub- ventions for homeless families, to be ex- the lowest incomes in the community will be section (a) in rural areas’’; and pended by the Secretary of Housing and involved by the organization’’; and (iv) in paragraph (2)— Urban Development over the 2 years at 3 dif- (II) by striking the period at the end, and (I) by striking ‘‘The’’ and inserting ‘‘Not ferent sites to provide services for homeless inserting a semicolon; and later than 24 months after funding is first families and evaluate the effectiveness of (iii) by adding at the end the following: made available pursuant to the amendment such services. ‘‘(7) a description of consultations that made by title IV of the Homeless Emergency TITLE IV—RURAL HOUSING STABILITY took place within the community to ascer- Assistance and Rapid Transition to Housing ASSISTANCE PROGRAM tain the most important uses for funding Act of 2009, the’’; under this section, including the involve- (II) by striking ‘‘, not later than 18 months SEC. 1401. RURAL HOUSING STABILITY ASSIST- after the date on which the Secretary first ANCE. ment of potential beneficiaries of the makes grants under the program,’’; and Subtitle G of title IV of the McKinney- project; and (III) by striking ‘‘prevent and respond to Vento Homeless Assistance Act (42 U.S.C. ‘‘(8) a description of the extent and nature homelessness’’ and inserting ‘‘meet the goals 11408 et seq.) is amended— of homelessness and of the worst housing sit- described in subsection (a)’’; (1) by striking the subtitle heading and in- uations in the community.’’; (I) in subsection (k)— serting the following: (G) by striking subsections (f) and (g) and inserting the following: (i) in paragraph (1), by striking ‘‘rural ‘‘Subtitle G—Rural Housing Stability ‘‘(f) MATCHING FUNDING.— homelessness grant program’’ and inserting Assistance Program’’; and ‘‘(1) IN GENERAL.—An organization eligible ‘‘rural housing stability grant program’’; and (2) in section 491— to receive a grant under subsection (a) shall (ii) in paragraph (2)— (A) by striking the section heading and in- specify matching contributions from any (I) in subparagraph (A), by striking ‘‘; or’’ serting ‘‘rural housing stability grant pro- source other than a grant awarded under this and inserting a semicolon; gram.’’; subtitle, that shall be made available in the (II) in subparagraph (B)(ii), by striking (B) in subsection (a)— geographic area in an amount equal to not ‘‘rural census tract.’’ and inserting ‘‘county (i) by striking ‘‘rural homelessness grant less than 25 percent of the funds provided for where at least 75 percent of the population is program’’ and inserting ‘‘rural housing sta- the project or activity, except that grants rural; or’’; and bility grant program’’; for leasing shall not be subject to any match (III) by adding at the end the following: (ii) by inserting ‘‘in lieu of grants under requirement. ‘‘(C) any area or community, respectively, subtitle C’’ after ‘‘eligible organizations’’; ‘‘(2) LIMITATIONS ON IN-KIND MATCH.—The located in a State that has population den- and cash value of services provided to the bene- sity of less than 30 persons per square mile

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5764 CONGRESSIONAL RECORD — SENATE May 20, 2009 (as reported in the most recent decennial grams, and recommendations for removing Homeless Assistance Act is amended by re- census), and of which at least 1.25 percent of such barriers. designating subtitle G (42 U.S.C. 11408 et the total acreage of such State is under Fed- (8) An assessment of the type and amount seq.), as amended by the preceding provisions eral jurisdiction, provided that no metropoli- of Federal homeless assistance funds award- of this division, as subtitle D. tan city (as such term is defined in section ed to organizations serving rural areas and SEC. 1503. EFFECTIVE DATE. 102 of the Housing and Community Develop- rural communities and a determination as to Except as specifically provided otherwise ment Act of 1974) in such State is the sole whether such amount is proportional to the in this division, this division and the amend- beneficiary of the grant amounts awarded distribution of homeless individuals and ments made by this division shall take effect under this section.’’; families in and from rural areas and rural on, and shall apply beginning on— (J) in subsection (l)— communities compared to homeless individ- (1) the expiration of the 18-month period (i) by striking the subsection heading and uals and families in non-rural areas and non- beginning on the date of the enactment of inserting ‘‘PROGRAM FUNDING.—’’; and rural communities. this division, or (ii) by striking paragraph (1) and inserting (9) An assessment of the current roles of (2) the expiration of the 3-month period be- the following: the Department of Housing and Urban Devel- ginning upon publication by the Secretary of ‘‘(1) IN GENERAL.—The Secretary shall de- opment, the Department of Agriculture, and Housing and Urban Development of final reg- termine the total amount of funding attrib- other Federal departments and agencies in ulations pursuant to section 1504, utable under section 427(b)(2) to meet the administering homeless assistance programs whichever occurs first. needs of any geographic area in the Nation in rural areas and rural communities and SEC. 1504. REGULATIONS. that applies for funding under this section. recommendations for distributing Federal (a) IN GENERAL.—Not later than 12 months The Secretary shall transfer any amounts responsibilities, including homeless assist- after the date of the enactment of this divi- determined under this subsection from the ance program administration and sion, the Secretary of Housing and Urban De- Community Homeless Assistance Program grantmaking, among the departments and velopment shall promulgate regulations gov- and consolidate such transferred amounts for agencies so that service organizations in erning the operation of the programs that grants under this section, except that the rural areas and rural communities are most are created or modified by this division. Secretary shall transfer an amount not less effectively reached and supported. (b) EFFECTIVE DATE.—This section shall than 5 percent of the amount available under (b) ACQUISITION OF SUPPORTING INFORMA- take effect on the date of the enactment of subtitle C for grants under this section. Any TION.—In carrying out the study under this amounts so transferred and not used for section, the Comptroller General shall seek this division. grants under this section due to an insuffi- to obtain views from the following persons: SEC. 1505. AMENDMENT TO TABLE OF CONTENTS. cient number of applications shall be trans- (1) The Secretary of Agriculture. The table of contents in section 101(b) of ferred to be used for grants under subtitle (2) The Secretary of Housing and Urban the McKinney-Vento Homeless Assistance C.’’; and Development. Act (42 U.S.C. 11301 note) is amended by (K) by adding at the end the following: (3) The Secretary of Health and Human striking the item relating to the heading for ‘‘(m) DETERMINATION OF FUNDING SOURCE.— Services. title IV and all that follows through the For any fiscal year, in addition to funds (4) The Secretary of Education. item relating to section 492 and inserting the awarded under subtitle B, funds under this (5) The Secretary of Labor. following new items: title to be used in a city or county shall only (6) The Secretary of Veterans Affairs. ‘‘TITLE IV—HOUSING ASSISTANCE be awarded under either subtitle C or sub- (7) The Executive Director of the United ‘‘Subtitle A—General Provisions title D.’’. States Interagency Council on Homelessness. (8) Project sponsors and recipients of ‘‘Sec. 401. Definitions. SEC. 1402. GAO STUDY OF HOMELESSNESS AND homeless assistance grants serving rural ‘‘Sec. 402. Collaborative applicants. HOMELESS ASSISTANCE IN RURAL ‘‘Sec. 403. Housing affordability strategy. AREAS. areas and rural communities. (9) Individuals and families in or from ‘‘Sec. 404. Preventing involuntary family (a) STUDY AND REPORT.—Not later than the separation. expiration of the 12-month period beginning rural areas and rural communities who have ‘‘Sec. 405. Technical assistance. on the date of the enactment of this division, sought or are seeking Federal homeless as- ‘‘Sec. 406. Discharge coordination policy. the Comptroller General of the United States sistance services. ‘‘Sec. 407. Protection of personally identi- shall conduct a study to examine homeless- (10) National advocacy organizations con- fying information by victim ness and homeless assistance in rural areas cerned with homelessness, rural housing, and service providers. and rural communities and submit a report rural community development. ‘‘Sec. 408. Authorization of appropriations. to the Congress on the findings and conclu- (c) EFFECTIVE DATE.—This section shall sion of the study. The report shall contain take effect on the date of the enactment of ‘‘Subtitle B—Emergency Solutions Grants the following matters: this division. Program (1) A general description of homelessness, TITLE V—REPEALS AND CONFORMING ‘‘Sec. 411. Definitions. including the range of living situations AMENDMENTS ‘‘Sec. 412. Grant assistance. among homeless individuals and homeless SEC. 1501. REPEALS. ‘‘Sec. 413. Amount and allocation of assist- families, in rural areas and rural commu- Subtitles D, E, and F of title IV of the ance. nities of the United States, including tribal McKinney-Vento Homeless Assistance Act ‘‘Sec. 414. Allocation and distribution of as- lands and colonias. (42 U.S.C. 11391 et seq., 11401 et seq., and 11403 sistance. (2) An estimate of the incidence and preva- et seq.) are hereby repealed. ‘‘Sec. 415. Eligible activities. lence of homelessness among individuals and SEC. 1502. CONFORMING AMENDMENTS. ‘‘Sec. 416. Responsibilities of recipients. families in rural areas and rural commu- (a) CONSOLIDATED PLAN.—Section 403(1) of ‘‘Sec. 417. Administrative provisions. nities of the United States. the McKinney-Vento Homeless Assistance ‘‘Sec. 418. Administrative costs. (3) An estimate of the number of individ- Act (as so redesignated by section 1101(2) of ‘‘Subtitle C—Continuum of Care Program uals and families from rural areas and rural this division), is amended— ‘‘Sec. 421. Purposes. communities who migrate annually to non- (1) by striking ‘‘current housing afford- ‘‘Sec. 422. Continuum of care applications rural areas and non-rural communities for ability strategy’’ and inserting ‘‘consoli- and grants. homeless assistance. dated plan’’; and ‘‘Sec. 423. Eligible activities. (4) A description of barriers that individ- (2) by inserting before the comma the fol- ‘‘Sec. 424. Incentives for high-performing uals and families in and from rural areas and lowing: ‘‘(referred to in such section as a communities. rural communities encounter when seeking ‘comprehensive housing affordability strat- ‘‘Sec. 425. Supportive services. to access homeless assistance programs, and egy’)’’. ‘‘Sec. 426. Program requirements. recommendations for removing such bar- (b) PERSONS EXPERIENCING HOMELESS- ‘‘Sec. 427. Selection criteria. riers. NESS.—Section 103 of the McKinney-Vento ‘‘Sec. 428. Allocation of amounts and incen- (5) A comparison of the rate of homeless- Homeless Assistance Act (42 U.S.C. 11302), as tives for specific eligible activi- ness among individuals and families in and amended by the preceding provisions of this ties. from rural areas and rural communities com- division, is further amended by adding at the ‘‘Sec. 429. Renewal funding and terms of as- pared to the rate of homelessness among in- end the following new subsection: sistance for permanent housing. dividuals and families in and from non-rural ‘‘(e) PERSONS EXPERIENCING HOMELESS- ‘‘Sec. 430. Matching funding. areas and non-rural communities. NESS.—Any references in this Act to home- ‘‘Sec. 431. Appeal procedure. (6) A general description of homeless as- less individuals (including homeless persons) ‘‘Sec. 432. Regulations. sistance for individuals and families in rural or homeless groups (including homeless per- ‘‘Sec. 433. Reports to Congress. areas and rural communities of the United sons) shall be considered to include, and to States. refer to, individuals experiencing homeless- ‘‘Subtitle D—Rural Housing Stability (7) A description of barriers that homeless ness or groups experiencing homelessness, Assistance Program assistance providers serving rural areas and respectively.’’. ‘‘Sec. 491. Rural housing stability assist- rural communities encounter when seeking (c) RURAL HOUSING STABILITY ASSIST- ance. to access Federal homeless assistance pro- ANCE.—Title IV of the McKinney-Vento ‘‘Sec. 492. Use of FHMA inventory for transitional housing for homeless persons and for turnkey housing.’’.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0655 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5765 EXECUTIVE SESSION SECTION 1. FINDINGS. (E) because they were not considered mili- Congress finds that— tary, no American flags were allowed on (1) the Women Airforce Service Pilots of their coffins; EXECUTIVE CALENDAR WWII, known as the ‘‘WASP’’, were the first (19) in 1944, General Arnold made a per- Mr. REID. Mr. President, I ask unan- women in history to fly American military sonal request to Congress to militarize the aircraft; WASP, and it was denied; imous consent that the Senate proceed (20) on December 7, 1944, in a speech to the to executive session to consider Cal- (2) more than 60 years ago, they flew fighter, bomber, transport, and training aircraft last graduating class of WASP, General Ar- endar Nos. 31 and 108; that the nomina- in defense of America’s freedom; nold said, ‘‘You and more than 900 of your tions be confirmed, en bloc; the mo- (3) they faced overwhelming cultural and sisters have shown you can fly wingtip to tions to reconsider be laid upon the gender bias against women in nontraditional wingtip with your brothers. I salute you . . . table, en bloc; that any statements re- roles and overcame multiple injustices and We of the Army Air Force are proud of you. lating to the nominations be printed in inequities in order to serve their country; We will never forget our debt to you.’’; the RECORD; that no further motions be (4) through their actions, the WASP even- (21) with victory in WWII almost certain, in order; that upon confirmation, the tually were the catalyst for revolutionary on December 20, 1944, the WASP were quietly President be immediately notified of reform in the integration of women pilots and unceremoniously disbanded; the Senate’s action, and the Senate into the Armed Services; (22) there were no honors, no benefits, and then resume legislative session. (5) during the early months of World War very few ‘‘thank you’s’’; The PRESIDING OFFICER. Without II, there was a severe shortage of combat pi- (23) just as they had paid their own way to lots; enter training, they had to pay their own objection, it is so ordered. (6) Jacqueline Cochran, America’s leading way back home after their honorable service The nominations were considered and woman pilot of the time, convinced General to the military; confirmed en bloc as follows: Hap Arnold, Chief of the Army Air Forces, (24) the WASP military records were im- DEPARTMENT OF THE INTERIOR that women, if given the same training as mediately sealed, stamped ‘‘classified’’ or David J. Hayes, of Virginia, to be Deputy men, would be equally capable of flying mili- ‘‘secret’’, and filed away in Government ar- Secretary of the Interior. tary aircraft and could then take over some chives, unavailable to the historians who DEPARTMENT OF ENERGY of the stateside military flying jobs, thereby wrote the history of WWII or the scholars Ines R. Triay, of New Mexico, to be an As- releasing hundreds of male pilots for combat who compiled the history text books used sistant Secretary of Energy (Environmental duty; today, with many of the records not declas- Management). (7) the severe loss of male combat pilots sified until the 1980s; made the necessity of utilizing women pilots (25) consequently, the WASP story is a f to help in the war effort clear to General Ar- missing chapter in the history of the Air LEGISLATIVE SESSION nold, and a women’s pilot training program Force, the history of aviation, and the his- The PRESIDING OFFICER. The Sen- was soon approved; tory of the United States of America; (8) it was not until August 1943, that the (26) in 1977, 33 years after the WASP were ate will now return to legislation ses- women aviators would receive their official disbanded, the Congress finally voted to give sion. name; the WASP the veteran status they had f (9) General Arnold ordered that all women earned, but these heroic pilots were not in- pilots flying military aircraft, including 28 vited to the signing ceremony at the White TO AWARD A CONGRESSIONAL civilian women ferry pilots, would be named House, and it was not until 7 years later that GOLD MEDAL TO THE WOMEN ‘‘WASP’’, Women Airforce Service Pilots; their medals were delivered in the mail in AIRFORCE SERVICE PILOTS (10) more than 25,000 American women ap- plain brown envelopes; (‘‘WASP’’) plied for training, but only 1,830 were accept- (27) in the late 1970s, more than 30 years Mr. REID. Mr. President, I ask unan- ed and took the oath; after the WASP flew in World War II, women imous consent that the Committee on (11) exactly 1,074 of those trainees success- were finally permitted to attend military Banking, Housing, and Urban Affairs fully completed the 21 to 27 weeks of Army pilot training in the United States Armed Air Forces flight training, graduated, and re- Forces; be discharged from further consider- ceived their Army Air Forces orders to re- (28) thousands of women aviators flying ation of S. 614. port to their assigned air base; support aircraft have benefitted from the The PRESIDING OFFICER. Without (12) on November 16, 1942, the first class of service of the WASP and followed in their objection, it is so ordered. 29 women pilots reported to the Houston, footsteps; The clerk will report the bill by title. Texas Municipal Airport and began the same (29) in 1993, the WASP were once again ref- The legislative clerk read as follows: military flight training as the male Army erenced during congressional hearings re- A bill (S. 614) to award a Congressional Air Forces cadets were taking; garding the contributions that women could Gold Medal to The Women Airforce Service (13) due to a lack of adequate facilities at make to the military, which eventually led Pilots (‘‘WASP’’). the airport, 3 months later the training pro- to women being able to fly military fighter, There being no objection, the Senate gram was moved to Avenger Field in Sweet- bomber, and attack aircraft in combat; proceeded to consider the bill. water, Texas; (30) hundreds of United States service- Mr. REID. Mr. President, I ask unan- (14) WASP were eventually stationed at 120 women combat pilots have seized the oppor- imous consent that the Hutchison Army air bases all across America; tunity to fly fighter aircraft in recent con- (15) they flew more than 60,000,000 miles for flicts, all thanks to the pioneering steps technical amendment at the desk be their country in every type of aircraft and taken by the WASP; agreed to; the bill, as amended, be read on every type of assignment flown by the (31) the WASP have maintained a tight- a third time and passed, the motions to male Army Air Forces pilots, except combat; knit community, forged by the common ex- reconsider be laid upon the table, and (16) WASP assignments included test pilot- periences of serving their country during any statements relating to this meas- ing, instructor piloting, towing targets for war; ure be printed in the RECORD. air-to-air gunnery practice, ground-to-air (32) as part of their desire to educate The PRESIDING OFFICER. Without anti-aircraft practice, ferrying, transporting America on the WASP history, WASP have objection, it is so ordered. personnel and cargo (including parts for the assisted ‘‘Wings Across America’’, an organi- The amendment (No. 1200) was agreed atomic bomb), simulated strafing, smoke zation dedicated to educating the American to, as follows: laying, night tracking, and flying drones; public, with much effort aimed at children, (17) in October 1943, male pilots were refus- about the remarkable accomplishments of On page 3, line 11, strike ‘‘Army Air Force’’ ing to fly the B–26 Martin Marauder (known these WWII veterans; and and insert ‘‘Army Air Forces’’ as the ‘‘Widowmaker’’) because of its fatality (33) the WASP have been honored with ex- On page 3, line 13, strike ‘‘Air Force’’ and records, and General Arnold ordered WASP hibits at numerous museums, to include— insert ‘‘Air Forces’’ On page 3, line 17, strike ‘‘Army Air Force’’ Director, Jacqueline Cochran, to select 25 (A) the Smithsonian Institution, Wash- and insert ‘‘Army Air Forces’’ WASP to be trained to fly the B–26 to prove ington, DC; On page 4, line 2, strike ‘‘Force’’ and insert to the male pilots that it was safe to fly; (B) the Women in Military Service to ‘‘Forces’’ (18) during the existence of the WASP— America Memorial at Arlington National The bill (S. 614) was ordered to be en- (A) 38 women lost their lives while serving Cemetery, Arlington, Virginia; their country; (C) the National Museum of the United grossed for a third reading, was read (B) their bodies were sent home in poorly States Air Force, Wright Patterson Air the third time, and passed, as follows: crafted pine boxes; Force Base, Ohio; S. 614 (C) their burial was at the expense of their (D) the National WASP WWII Museum, Be it enacted by the Senate and House of Rep- families or classmates; Sweetwater, Texas; resentatives of the United States of America in (D) there were no gold stars allowed in (E) the 8th Air Force Museum, Savannah, Congress assembled, their parents’ windows; and Georgia;

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5766 CONGRESSIONAL RECORD — SENATE May 20, 2009 (F) the Lone Star Flight Museum, Gal- The legislative clerk read as follows: Finally, I ask that the filing deadline veston, Texas; A resolution (S. Res. 151) designating a Na- for second-degree amendments be at (G) the American Airpower Museum, tional Day of Remembrance on October 30, 9:30 a.m. tomorrow. Farmingdale, New York; 2009 for Nuclear Weapons Program Workers. (H) the Pima Air Museum, Tucson, Ari- The PRESIDING OFFICER. Without zona; There being no objection, the Senate objection, it is so ordered. (I) the Seattle Museum of Flight, Seattle, proceeded to consider the resolution. Washington; Mr. REID. Mr. President, I ask unan- f (J) the March Air Museum, March Reserve imous consent that the resolution be Air Base, California; and agreed to, the preamble be agreed to, ADJOURNMENT UNTIL 9 A.M. (K) the Texas State History Museum, Aus- and the motion to reconsider laid on TOMORROW tin, Texas. the table. Mr. REID. Mr. President, if there is SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) AWARD AUTHORIZED.—The President pro The PRESIDING OFFICER. Without no further business to come before the tempore of the Senate and the Speaker of objection, it is so ordered. Senate, I ask unanimous consent that the House of Representatives shall make ap- The resolution (S. Res. 151) was it adjourn under the previous order. propriate arrangements for the award, on be- agreed to. There being no objection, the Senate, half of the Congress, of a single gold medal of The preamble was agreed to. at 8:21 p.m., adjourned until Thursday, appropriate design in honor of the Women The resolution, with its preamble, May 21, 2009, at 9 a.m. Airforce Service Pilots (WASP) collectively, reads as follows: in recognition of their pioneering military f service and exemplary record, which forged S. RES. 151 revolutionary reform in the Armed Forces of Whereas hundreds of thousands of men and NOMINATIONS the United States of America. women have served this Nation in building (b) DESIGN AND STRIKING.—For the pur- its nuclear defense since World War II; Executive nominations received by poses of the award referred to in subsection Whereas these dedicated American workers the Senate: (a), the Secretary of the Treasury shall paid a high price for their service and have COMMODITY FUTURES TRADING COMMISSION strike the gold medal with suitable emblems, developed disabling or fatal illnesses as a re- devices, and inscriptions, to be determined BARTHOLOMEW CHILTON, OF MARYLAND, TO BE A COM- sult of exposure to beryllium, ionizing radi- MISSIONER OF THE COMMODITY FUTURES TRADING COM- by the Secretary. ation, toxic substances, and other hazards (c) SMITHSONIAN INSTITUTION.— MISSION FOR A TERM EXPIRING APRIL 13, 2013. (RE- that are unique to the production and test- APPOINTMENT) (1) IN GENERAL.—Following the award of ing of nuclear weapons; the gold medal in honor of the Women ENVIRONMENTAL PROTECTION AGENCY Whereas these workers were put at indi- Airforce Service Pilots, the gold medal shall COLIN SCOTT COLE FULTON, OF MARYLAND, TO BE AN vidual risk without their knowledge and con- be given to the Smithsonian Institution, ASSISTANT ADMINISTRATOR OF THE ENVIRONMENTAL sent in order to develop a nuclear weapons PROTECTION AGENCY, VICE ROGER ROMULUS where it will be displayed as appropriate and program for the benefit of all American citi- MARTELLA, JR. made available for research. zens; and DEPARTMENT OF HOMELAND SECURITY (2) SENSE OF THE CONGRESS.—It is the sense Whereas these patriotic men and women of the Congress that the Smithsonian Insti- ALEJANDRO N. MAYORKAS, OF CALIFORNIA, TO BE DI- deserve to be recognized for their contribu- RECTOR OF THE UNITED STATES CITIZENSHIP AND IMMI- tution shall make the gold medal received tion, service, and sacrifice towards the de- GRATION SERVICES, DEPARTMENT OF HOMELAND SECU- under this Act available for display else- RITY, VICE EMILIO T. GONZALEZ. fense of our great Nation: Now, therefore, be where, particularly at other locations associ- it IN THE NAVY ated with the WASP. Resolved, That the Senate— THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SEC. 3. DUPLICATE MEDALS. (1) designates October 30, 2009, as a na- AS THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AND Under such regulations as the Secretary APPOINTMENT TO THE GRADE INDICATED WHILE AS- tional day of remembrance for American nu- may prescribe, the Secretary may strike and SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- clear weapons program workers and uranium BILITY UNDER TITLE 10, U.S.C., SECTIONS 152 AND 601: sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to miners, millers, and haulers; and To be admiral (2) encourages the people of the United cover the costs of the medals, including ADM. MICHAEL G. MULLEN States to support and participate in appro- labor, materials, dyes, use of machinery, and IN THE AIR FORCE overhead expenses. priate ceremonies, programs, and other activities to commemorate October 30, 2009, as THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SEC. 4. NATIONAL MEDALS. a national day of remembrance for past and IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Medals struck pursuant to this Act are na- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE tional medals for purposes of chapter 51 of present workers in America’s nuclear weap- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION title 31, United States Code. ons program. 601: SEC. 5. AUTHORIZATION OF APPROPRIATIONS; f To be lieutenant general PROCEEDS OF SALE. MAJ. GEN. GILMARY M. HOSTAGE III (a) AUTHORIZATION OF APPROPRIATIONS.— ORDERS FOR THURSDAY, MAY 21, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT There is authorized to be charged against the 2009 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- United States Mint Public Enterprise Fund, CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE an amount not to exceed $30,000 to pay for Mr. REID. Mr. President, I ask unan- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the cost of the medal authorized under sec- imous consent that when the Senate tion 2. completes its business today, it ad- To be lieutenant general (b) PROCEEDS OF SALE.—Amounts received journ until tomorrow morning at 9 LT. GEN. GLENN F. SPEARS from the sale of duplicate bronze medals a.m., May 21; that following the prayer under section 3 shall be deposited in the and the pledge, the Journal of pro- f United States Mint Public Enterprise Fund. ceedings be approved to date, the f morning hour be deemed to have ex- CONFIRMATIONS DESIGNATING A NATIONAL DAY pired, and the time for the two leaders Executive nominations confirmed by OF REMEMBRANCE ON OCTOBER be reserved for their use later in the the Senate, May 20, 2009: 30, 2009, FOR NUCLEAR WEAPONS day, and the Senate resume consider- DEPARTMENT OF THE INTERIOR PROGRAM WORKERS ation of H.R. 2346, the emergency sup- DAVID J. HAYES, OF VIRGINIA, TO BE DEPUTY SEC- Mr. REID. Mr. President, I ask unan- plemental appropriations bill, with the RETARY OF THE INTERIOR. imous consent that the Judiciary Com- time until 10 a.m. equally divided and DEPARTMENT OF ENERGY mittee be discharged from further con- controlled between the two leaders or INES R. TRIAY, OF NEW MEXICO, TO BE AN ASSISTANT their designees, and that be for debate SECRETARY OF ENERGY (ENVIRONMENTAL MANAGE- sideration of S. Res. 151. MENT). The PRESIDING OFFICER. Without only; that at 10 a.m., the Senate pro- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT ceed to vote on the motion to invoke TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- objection, it is so ordered. The clerk QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY will state the resolution by title. cloture on H.R. 2346. CONSTITUTED COMMITTEE OF THE SENATE.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00118 Fmt 0624 Sfmt 9801 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1209 EXTENSIONS OF REMARKS

HONORING GREG PRESTEMON, organization disbursed more than $22.5 million a 38 year career at WEWS-TV, and in rec- PRESIDENT AND CEO OF THE to 37 businesses throughout the region in ognition of his talent, innovation and tireless ECONOMIC DEVELOPMENT CEN- 2008, valuable assistance that helped create service to the Greater Cleveland Community. TER OF ST. CHARLES COUNTY, or retain over 1,000 jobs. He holds a bach- f MISSOURI elor’s degree in political science from Iowa State University and a master’s degree in eco- TRIBUTE TO DR. ANGELIA MARIE HON. W. TODD AKIN nomic development from the University of ROBERTS-WATKINS, ED.D OF CHI- OF MISSOURI Iowa. CAGO, ILLINOIS IN THE HOUSE OF REPRESENTATIVES Madam Speaker, Mr. Prestemon has exem- Wednesday, May 20, 2009 plified the remarkable accomplishments of HON. BOBBY L. RUSH which America’s entrepreneurs are capable. OF ILLINOIS Mr. AKIN. Madam Speaker, I rise today to This week, he will testify before the House IN THE HOUSE OF REPRESENTATIVES honor America’s entrepreneurs, those distin- Small Business Committee to share his story. guished individuals who support our commu- I ask that you and the entire U.S. House of Wednesday, May 20, 2009 nities, drive innovation, and keep our nation Representatives join with me in honoring him Mr. RUSH. Madam Speaker, I rise today to strong. Small businesses bring fresh ideas to for the extraordinary work he has done for the pay tribute to and recognize Dr. Angelia Marie the table, develop the resources to meet the small business economy. His efforts dem- Roberts-Watkins on the occasion of being demands of an ever-changing world, and onstrate that if given the right resources, awarded the Doctorate in Education from the make a meaningful impact on our neighbor- America’s small businesses can be the cata- Chicago State University. This degree is par- hoods. Entrepreneurs are responsible for pro- lysts that lift our economic from the current ticularly noteworthy in that the Educational viding 60 to 80 percent of all new jobs, giving downturn and put us on the road to recovery. Leadership Doctoral program at Chicago State them the potential to propel rapid economic f is a newly created program and as such Dr. growth and expand ever-developing fields. Roberts-Watkins holds the distinction of being Some of the country’s largest companies IN HONOR OF TED HENRY the first recipient of a Doctoral degree in the began as start-ups in small offices, homes and 142-year-old history of this academic institu- garages exploring these new fields. Limited HON. DENNIS J. KUCINICH tion. only by their imagination, these firms per- OF OHIO An authority in middle school philosophy, formed cutting-edge work in emerging indus- IN THE HOUSE OF REPRESENTATIVES Dr. Roberts-Watkins’ dissertation was entitled tries that have become the very foundation of Wednesday, May 20, 2009 ‘‘Crossroads to the Middle School Movement: our society. As our nation and the world face the most Mr. KUCINICH. Madam Speaker, I rise Are Teachers In Step with the Tenets and difficult economic conditions in decades, entre- today in honor of Ted Henry upon the occa- Practices of the National Middle School Asso- preneurs have the potential to lead us back to sion of his retirement from WEWS-TV. Ted is ciation?’’ She is a former middle school teach- prosperity. The resiliency and adaptability retiring after 38 years of service to the Greater er and served as Middle School Manager for shown by small businesses in past recessions Cleveland Community. the Chicago Public School system. Dr. Rob- demonstrate their capability to meet the chal- Ted Henry, a household name in the Great- erts-Watkins has also worked as a Teacher-In- lenges standing in their way and emerge er Cleveland Area, began his successful ca- Residence on an U.S. Department of Edu- stronger than ever. America’s small busi- reer in broadcasting in 1964 at a local radio cation Middle School Teacher Quality En- nesses will drive the economic recovery from station in his hometown of Canton, Ohio. He hancement (MSTQE) grant program and has this downturn and our economy will emerge then became a news reporter at WAKR-TV23 presented at national conferences on middle stronger than ever. Times may be tough, but in Akron and later at WKBN-TV in Youngs- level education. America’s entrepreneurial spirit is tougher. town, Ohio. He joined WEWS-TV in 1972, A 1981 graduate of Mundelein College, Dr. To recognize the monumental achievements where he began as a news producer and later Roberts-Watkins also holds an M.Ed in Edu- of our nation’s small firms, the Small Business as a weekend anchor. In 1975, Ted was cational Administration and a M.S. in Criminal Administration (SBA) has declared May 17–23 named weekday anchor of the 6:00 pm and Justice and Corrections from Chicago State as the 46th Annual National Small Business 11:00 pm news, a position he has held until University. She is a Visiting Lecturer at North- Week. The House Small Business Committee his retirement on May 20, 2009. Since his first eastern Illinois University and an Administrator is celebrating all our country’s hard-working year as weekday anchor, he has covered at Illinois State University. entrepreneurial by saluting the Heroes of nearly every political convention and has trav- Madam Speaker, I am grateful to have Small Business, those men and women who eled all over the world to cover a multitude of known this outstanding Educator for nearly have shown the strength, leadership, and re- historical events, including John Demjanjuk’s two decades and I want to encourage Dr. sourcefulness that keeps our economy moving war crimes trial in Israel, the fall of Berlin Wall Angelia Marie Roberts-Watkins to continue forward. and the death of Pope John Paul II in Rome. demonstrating the passion, perception and I ask that you, Madam Speaker, and the en- Additionally, his riveting news coverage on po- power necessary to allow this nation’s citizens, tire U.S. House of Representatives join me in litical turmoil in Peru was the first time a live both young and old, to meet the demanding recognizing and thanking Mr. Greg Prestemon international feed was broadcast in Cleveland. needs of a global society. for his tremendous accomplishments on behalf Ted’s ability to humanize the people he cov- f of small businesses. Mr. Prestemon has led ered all over the world has earned him na- the St. Charles Economic Development Center tional recognition. He has won five local TV HONORING THE MEMORY OF (EDC) for 15 years, helping spur the county’s Emmy Awards during his tenure at WEWS CHARLES WILLIAM HARBEN rapid population and economic growth during and won numerous national awards for a doc- his tenure. Since he assumed the top post at umentary he produced and reported in, ‘‘Find- HON. JO BONNER the EDC, St. Charles County has grown by al- ing Aliza;’’ a documentary about two holocaust OF ALABAMA most 120,000 residents and total valuation as- survivors from Auschwitz who were reunited IN THE HOUSE OF REPRESENTATIVES sessment has risen from less than $2 billion to by the International Red Cross. Ted’s 38 year Wednesday, May 20, 2009 $7.2 billion in 2007. For his efforts, Mr. career as the weekday anchor for WEWS-TV Prestemon was named as the 2008 Non-Profit was the fulfillment of his childhood dream and Mr. BONNER. Madam Speaker, the city of Executive of the Year by St. Charles Business has undoubtedly inspired Cleveland’s next Saraland, Alabama, and all of southwest Ala- Magazine. great reporters. bama recently lost a dear friend, and I rise This month, the SBA named the St. Charles Madam Speaker and colleagues, please join today to honor Charles William Harben and EDC as its 504 Lender of the Year after the me in honor of Ted Henry as he retires from pay tribute to his memory.

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

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K20MY8.001 E20MYPT1 rfrederick on PROD1PC67 with REMARKS E1210 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2009 Known to his many friends as Charlie, he the whole. I remain hopeful that Congress will Davis, Master Sgt. Leonard Davis, Staff Sgt. was a native of Leeds and was raised in continue to improve the HOPE for Home- Dillard Davis, Cpl. Clarence Davis, Pfc. Guy Chickasaw, Alabama. He served the city of owners programs as well as the plight of the Davis, and Cpl. Rex Davis to the attention of Saraland in public office for almost three dec- growing numbers of homeless citizens. In the my colleagues and other readers of the ades, 12 years as mayor and 17 as city coun- end, we must adopt a default posture that ac- RECORD. cilman. In 2008, he ran unopposed in the mu- commodates communities, families, and indi- nicipal election. viduals, rather than a default posture that ac- f Mayor Harben was known as a fiscal con- commodates bankers and financial institutions. servative. Economic development was one of Only then will we be able to repair our econ- A TRIBUTE TO DR. JAMES R. his top priorities, and he was instrumental in omy and put our country back on a path of RECKNER attracting business to Saraland, including the prosperity and growth. city’s largest, Wal-Mart. f HON. RANDY NEUGEBAUER Mayor Harben also worked for the Illinois Central Gulf Railroad as a secretary, account- DAVIS FAMILY OF TELLICO OF TEXAS ant, and an internal auditor, before retiring PLAINS, TENNESSEE IN THE HOUSE OF REPRESENTATIVES after 48 years of service. Wednesday, May 20, 2009 Madam Speaker, I ask my colleagues to join HON. JOHN J. DUNCAN, JR. me in remembering a beloved friend to many OF TENNESSEE Mr. NEUGEBAUER. Madam Speaker, I throughout southwest Alabama. Charles Wil- IN THE HOUSE OF REPRESENTATIVES would like to take this time to recognize Dr. liam Harben will be dearly missed by his fam- James R. Reckner for his dedication to the Wednesday, May 20, 2009 ily—his wife of 57 years, Pauline; their son, Vietnam Center and Archive at Texas Tech Charles William Jr.; their grandchildren, Chris- Mr. DUNCAN. Madam Speaker, there is University. Dr. Reckner retired from Texas tian, Candice, and Jon; his great-grand- perhaps no greater sacrifice an American can Tech University at the end of 2008 after 20 daughter, Hayzlynn; and his brother, Johnny— make than serving their Country during a time years of service as a professor of history, as well as the countless friends he leaves be- of war, and no one can say the Davis family founding director of the Vietnam Center and hind. of Tellico Plains, Tennessee has not answered Archive, and Executive Director of Texas Our thoughts and prayers are with them all this call. It is a tradition which spans over Tech’s new Institute for Modern Conflict, Di- during this difficult time. ninety years. plomacy and Reconciliation, which now over- f Private Hedrick Davis enlisted in the Army’s sees the Vietnam Center and Archive. Black Cat Division during World War I. After A retired Naval officer and a veteran of the HELPING FAMILIES SAVE THEIR returning home, he bought a farm, married, Vietnam War, Dr. Reckner received his Ph.D. HOMES ACT OF 2009 and had five sons, who would all go on to an- from the University of Aukland in New Zea- swer that same call to service. SPEECH OF land. He joined the faculty at Texas Tech in Four of the Davis sons—Leonard, Dillard, September of 1988 and shortly after founded HON. DENNIS J. KUCINICH Clarence, and Guy—joined the Armed Forces the Vietnam Center and Archive. From 1991 OF OHIO as soon as World War II began. All the broth- to 1992, Dr. Reckner held the Secretary of the IN THE HOUSE OF REPRESENTATIVES ers would fight for their Country and despite Navy’s Research Chair in Naval History and the tremendous loss of life in this great cam- Wednesday, May 20, 2009 has served as a member of the Secretary’s paign, all would remarkably live to tell their Advisory Subcommittee on Naval History since Mr. KUCINICH. Mr. Speaker, I rise today in tales. 1998. reluctant support of S. 986, the Helping Fami- Dillard’s story is one that took over fifty As founder and director of the Vietnam Cen- lies Save Their Homes Act. Although I sup- years to confirm. While on board the Belgian ter and Archive, Dr. Reckner oversaw 20 ported H.R. 1106 earlier in this Congress, and Troop ship the Leopoldville crossing the years of development and growth including the I will vote for this bill, I remain concerned English Channel on Christmas Eve, a German acquisition of many unique and historic collec- about many aspects that attempt to fix the Submarine attacked, sinking the boat with a tions that have helped us better understand problem without addressing the fundamental torpedo. In a series of calamities following the the experience and course of the Vietnam issues. strike and a botched rescue, 763 American War. As a result of his leadership, the Center S. 896 makes additional changes to the soldiers died. Dillard managed to survive anid has become the foremost Vietnam-related re- HOPE for Homeowners program despite evi- tell the tale that the United States and Great search, archival and reconciliation institution in dence that it is a seriously flawed model that Britain did not admit until the 1990s. the United States. has failed to effect the type of large-scale The fifth Davis brother—Rex—was only six- mortgage modification that our economy teen-years-old when World War II ended. But During his years in the United States Navy, needs if it is going to recover. Despite the he would not be spared from his family’s call- Dr. Reckner received the Bronze Star Medal changes made, success of the HOPE for ing. When the Korean conflict escalated into a with Combat ‘‘V’’, the Navy Commendation Homeowners program continues to be contin- full-blown war, Rex Davis answered the call. Medal with Combat ‘‘V’’, the Meritorious Serv- gent on the active participation of the mort- His tale was one of Hollywood legend—lit- ice Medal and the Vietnamese Cross of Gal- gage lender or mortgage servicer. Once again, erally. lantry. we throw money at Wall Street—at the bank- While training at Fort Benning, GA, movie For his work in academia, Dr. Reckner also ers and lenders—and leave individuals and stars Dean Martin and Jerry Lewis filmed the received the Gold Key National Honor Society families with nothing. movie ‘‘Jumping Jack’’ on base, using Rex Teaching Award in 1991, the President’s Out- The bill also reauthorizes programs under and his fellow soldiers as extras. Later, while standing Leadership Award in 1996 and the the McKinney-Vento Homeless Assistance serving in Korea, another movie star—Patricia Faculty Distinguished Leadership Award in Act. I am grateful that the plight of the home- Neal—came to entertain the troops. She 2004, among others. Not only is he an inspir- less and the growing homeless population has asked on stage if anyone was from Knoxville ing educator and skilled researcher, but he is finally merited the attention of Congress; how- and Rex jumped right up, getting his photo an accomplished author as well with several ever I am dismayed by some of the provisions taken on stage with Ms. Neal. It is a cherished published writings on naval and military his- in the final bill as well as the process used to photograph that in 2003 brought Ms. Neal to tory. In 1989, he received the Theodore & arrive at the terms of the relevant language. tears in Knoxville when she was unexpectedly Franklin D. Roosevelt Annual Naval History The problem of homelessness in this country reunited with Rex. Award for his historical biography entitled deserves more attention in the House of Rep- In his Knoxville home, Rex Davis has files Teddy Roosevelt’s Great White Fleet. resentatives than a mere fraction of debate of records documenting the service of his fa- I am enormously appreciative to Dr. time on a suspension bill. If we had more time ther and four brothers, who together fought Reckner for his contributions to the Texas and different circumstances, we might have and survived three wars. Rex went on to serve Tech community, veterans of the Vietnam War had the opportunity to correct some of the pri- on the Knoxville City Council, and he is known and their families, and for his efforts to foster vacy concerns as well as the provisions that to tell a great story. I hope this story is told reconciliation between Vietnam and the United limit eligible uses of funds. many times. States. Those in District 19, including me, Despite the shortcomings in this bill, it rep- Madam Speaker, in closing, I would like to thank him for a job well-done and extend to resents a small step in the right direction on call the remarkable service of Private Hedrick him our best wishes for his future endeavors.

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K20MY8.004 E20MYPT1 rfrederick on PROD1PC67 with REMARKS May 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1211 HONORING KAREN FONTENOT founded—but we all know the concern is still HONORING THE MEMORY OF there. Our nation’s voters deserve electoral JAMES EDWARD ARRINGTON HON. CHARLES W. BOUSTANY, JR. procedures that are transparent and which OF LOUISIANA strengthen their faith in democracy. HON. JO BONNER IN THE HOUSE OF REPRESENTATIVES Sometimes there is reason for concern. I OF ALABAMA Wednesday, May 20, 2009 have heard from people who simply did not re- IN THE HOUSE OF REPRESENTATIVES Mr. BOUSTANY. Madam Speaker, I rise ceive a ballot they requested. There are var- Wednesday, May 20, 2009 today to honor Karen Fontenot, of Duson, ious reasons for this from clerical errors to Mr. BONNER. Madam Speaker, the city of Louisiana, who has dedicated her life to help- confusion over addresses. Jackson, Alabama, and all of southwest Ala- ing veterans throughout Southwest Louisiana. Other times, a problem occurs when an ab- bama recently lost a dear friend, and I rise She answered her country’s call during the sentee ballot is rejected because a voter’s sig- today to honor James Edward Arrington and Vietnam Conflict, serving as a nurse in the nature has changed over time and the voter pay tribute to his memory. Philippines. never knows the difference. A native of Greensboro, Mayor Arrington It was while trying to help move and carry was a veteran of the U.S. Army during the Ko- The good news is that it is possible and male patients twice her size that Karen first in- rean Conflict. In 1962, he moved to Jackson jured her back. It was an injury which left her practical to track mail ballots. to build and operate Arrington Nursing Home, permanently disabled, unable to walk without Many elections offices are already tracking which later became Jackson Health Care. He the assistance of a cane, and in constant pain. ballots with great success. In fact, in California was former auxiliary police chief in Jackson, Karen’s caring and tender nature was injured, it is law that all counties establish absentee former owner of A & B Trucking Company, perhaps more severely than her physical ballot tracking systems and the systems are and co-owner of Anderson Brothers Chrysler- being. She suffered with every young man she quite popular with voters and elections offi- Plymouth dealership. saw torn apart by the horrors of war. cials. For all of his achievements, James Upon returning to her family and domestic Arrington will perhaps be most remembered In my home of San Diego County, CA, our life in Southwest Louisiana, Karen remained for serving as the mayor of Jackson for over true to her fellow veterans. In an area which registrar’s online voter registration/absentee two decades. Among the many accomplish- lacked Memorial Day and Veterans’ Day cere- look-up feature received 98,000 hits before the ments during his five-term administration in- monies, Karen led a movement to establish 2008 November election. clude: funding of the new city hall building, lo- those events. She was aided by some fellow Quite simply, the technology exists to allow cating Allied Paper (now Boise) to Jackson, veterans, but the brunt of the effort fell on her. voters to easily find out whether an elections construction of the Vanity Fair building, and For more than a decade, Karen has organized office has sent out a ballot, whether a com- construction of the northern Industrial Road ceremonies to honor those she served along- pleted ballot has arrived back at the registrar’s bypass. side as well as those who came before and Just this past February, the Jackson City after her. office, whether the registrar has counted the ballot, and if not, why not. Council voted to rename City Hall the James When the Iraq War led to the deaths of sev- E. Arrington City Hall Complex. Mayor eral local, young men, Karen added a special Implementing ballot tracking systems will Arrington was also named Jackson’s Man of tribute to the Gold Star Mothers. These fami- bring voters peace of mind and reduce the the Year for 1973 by the Jackson Civitan lies led by the mothers who have lost their burden on elections offices which are often Club. child gather with dozens of other veterans and barraged with phone calls from voters trying to Madam Speaker, I ask my colleagues to join their families to pay tribute to those who have determine the status of their ballots. me in remembering a beloved friend to many died and those who live. throughout southwest Alabama. James Ed- In addition to the beautiful ceremony, Karen Moreover, the ability to check absentee sta- ward Arrington will be dearly missed by his invites all of those attending to a catered lunch tus round the clock is a convenient service for family—his wife, Betty; his two sons, Ed at the local Armory. Each of the Gold Star voters, especially for military and overseas Arrington and Greg Cotton; his two daughters, Mothers receives special gifts, and those who voters in various time zones. Leah Trotter and Brenda Fondren; his brother, have made special contributions are recog- Not only is mail ballot tracking feasible and Johnnie Arrington; his sister, Maggie Nelson; nized and receive a tribute. helpful, but it is also affordable. his eight grandchildren; and great-grandchild— Karen Fontenot broke her back to care for as well as the countless friends he leaves be- young men injured and killed in the Vietnam Setting up systems at an elections office hind. conflict and returned home with the intent that can be as simple as redesigning a website Our thoughts and prayers are with them all all men and women who have sacrificed for and linking it to a back-up of a current data- during this difficult time. their country will be remembered. If it is up to base as San Mateo County, CA discovered her, none of their sacrifices will be forgotten or when they created a tracking system for just f overlooked. Karen Fontenot is a patron saint $2000. TRIBUTE TO THE PASSAIC COUN- of veterans. Absentee tracking could even help elections TY COUNCIL ON ALCHOLISM AND Madam Speaker, I ask that my colleagues offices save money in the long run as call vol- DRUG ABUSE PREVENTION, INC. join me in honoring Karen for her achieve- umes will likely go down and the strain on ments and dedication to our nation’s veterans. elections office staff declines. HON. BILL PASCRELL, JR. f Mail ballot tracking is a win-win for voters OF NEW JERSEY INTRODUCTION OF THE ABSENTEE and elections officials. IN THE HOUSE OF REPRESENTATIVES BALLOT TRACK, RECEIVE, AND We should follow the lead of the trailblazers Wednesday, May 20, 2009 CONFIRM (TRAC) ACT who are already tracking mail ballots and en- Mr. PASCRELL. Madam Speaker, I would courage local jurisdictions to create tracking like to call to your attention the work of an out- HON. SUSAN A. DAVIS systems. standing organization, The Passaic County OF CALIFORNIA Council on Alcoholism and Drug Abuse Pre- IN THE HOUSE OF REPRESENTATIVES The TRAC Act would allow the federal government to reimburse states for establishing vention, Inc., which will celebrate its 25th An- Wednesday, May 20, 2009 tracking systems. However, I want to be clear niversary on May 25, 2009. This milestone Mrs. DAVIS of California. Madam Speaker, that it would not require any state to set up a marks a quarter century of supporting those I rise today to introduce The Absentee Ballot tracking system. most in need of assistance to get their lives on Track, Receive and Confirm (TRAC) Act—a track, and thereby become a productive part bill to assist states in establishing absentee I am proud to introduce this bill along with of the greater community. ballot tracking systems. my fellow colleague from California, Mr. It is only fitting that The Passaic County Many voters worry that they cannot deter- MCCARTHY and I ask my colleagues on both Council on Alcoholism and Drug Abuse Pre- mine whether their absentee ballots were ac- sides of the aisle to join us in supporting this vention, Inc. be honored in this, the permanent tually sent out, received and counted. effort to strengthen the democratic process record of the greatest democracy ever known, In most cases, the fears of one’s mail-in bal- and give American voters the electoral cer- for all the assistance it has provided to individ- lot somehow being lost in the system are un- tainty they deserve. uals and families in the Passaic County area.

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.004 E20MYPT1 rfrederick on PROD1PC67 with REMARKS E1212 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2009 Passaic County Council on Alcoholism and proud of all of our servicemen and women and and expanded to four locations in Blair and Drug Abuse Prevention, Inc. was incorporated are eternally grateful for their efforts in the Cambria Counties in Pennsylvania. Today, as a nonprofit prevention agency on May 25, Global War on Terror. Indeed, the democracy through careful expansion by his sons, DeGol 1984. Founded by Father Alan Savitt, a on display here today with our presence in this Brothers Lumber now serves consumers in Catholic priest from the Paterson Diocese who chamber is testament to the courage and valor Pennsylvania, Connecticut, and Florida. still serves as executive director, the Council of our Armed Services. Bruno was a consummate entrepreneur with began working from a 200 square foot trailer Memorial Day is a federal holiday to cele- razor sharp business acumen. However, he in Clifton. After renovating an historic building brate the lives of those that have died while will be even more fondly remembered for the on the City Hall property, the Council was defending our nation. The soldiers, sailors, air- way he gave back to the people and the com- granted a no cost lease from the city of Clifton men, and marines who have served in our munity he loved so much. Bruno’s philan- and moved into its permanent home. Armed Services deserve the utmost respect thropy is most evident in the good work that This facility serves the citizens of Passaic from our nation, and those that have died continues to be done by the Bruno & Lena County as a Prevention Resource Center, pro- have made the ultimate sacrifice for the lib- DeGol Family Foundation as well as his long- viding prevention educational outreach serv- erties that we enjoy every day. standing support of St. Francis University. ices and assistance programs to those in It is at their final resting place that there will Bruno built his version of the American need. Programs range from those like BABES forever be enshrined the spirit of American Dream through hard work, determination and (Beginning Alcohol and Addiction Basic Edu- generosity, sacrifice, and courage that our the support of his loving family. In fact, even cation Studies) and Forest Friends, serving el- brave men and women have so graciously though he was successful in so many things, ementary school children, to high school peer provided in defense of our freedom. building his family with his wife Lena was counseling programs, and from drug free Let us also honor and say a gracious thank Bruno’s most significant achievement. His five workplace and counseling to WISE (Wellness you to each and every military family member children; Don, Dave, Gloria, Bruno Jr., and Initiative and Senior Educators). for the encouragement, love, and kindness Dennis and his 18 grandchildren and 10 great- In addition to providing educational services they exhibit in supporting their precious loved grandchildren have been left a tremendous and referral programs, the council also pro- ones as they serve a nation that will forever legacy to build upon. vides a focus for those interested in advocacy, be free because of their sacrifice. It is to the Bruno DeGol will be remembered as a vi- sionary and a humanitarian in business and public policy and prevention legislation. family members that we say thank you now. When the group first began, the county gov- Mr. Speaker, I believe it will be a worthwhile community service. He will be missed by his ernment provided funding for operating ex- endeavor to spend time on this holiday re- family, his friends and by the countless people penses, but as the years have gone by, membering the sacrifice our heroes have he touched throughout his long and wonderful sources of funding have begun to run dry. made for America. I encourage every Amer- life. I send my thoughts and my prayers to the Through the hard work of the staff and friends ican to visit our national cemeteries and me- DeGol family in their time of loss and ask the of the Council, grants and partnerships have morials so that they may take part in dedi- House to join me in honoring Bruno DeGol been secured to help make ends meet. Over cating this holiday to the memory of the excel- and celebrating his life. the years, the Council has received govern- lent men and women of our Armed Services f mental, charitable and foundation grants to who have spent a lifetime of service to Amer- HONORING THE LIFE AND ACCOM- help fund its innovative programs and partner- ica. PLISHMENTS OF JUDGE ship efforts with numerous worldwide, national, I urge all of my colleagues to support this MARILYN MORGAN UPON HER statewide and regional programs. Father Savitt bill. RETIREMENT and long-term employee, Sister Pauline f Kuntne, have shouldered the heavy burden of HON. ZOE LOFGREN fundraising with enormous fortitude. CELEBRATING THE LIFE OF BRUNO DEGOL OF CALIFORNIA The job of a United States Congressman in- IN THE HOUSE OF REPRESENTATIVES volves much that is rewarding, yet nothing compares to learning about and recognizing HON. BILL SHUSTER Wednesday, May 20, 2009 the efforts of service-minded organizations like OF PENNSYLVANIA Ms. ZOE LOFGREN of California. Madam the Passaic County Council on Alcoholism and IN THE HOUSE OF REPRESENTATIVES Speaker, I rise today to honor the life and accomplishments of a distinguished member of Drug Abuse Prevention, Inc. Wednesday, May 20, 2009 Madam Speaker, I ask that you join our col- my community, the Honorable Marilyn Morgan, leagues, Father Alan Savitt and the staff and Mr. SHUSTER. Madam Speaker, I rise upon her retirement from the United States volunteers of the Passaic County Council on today to honor the memory and celebrate the Bankruptcy Court for the San Jose Division of Alcoholism and Drug Abuse Prevention, Inc., life of Bruno DeGol of Gallitzin, Pennsylvania the Northern District of California. all those who have been touched by their car- who passed away on May 14th surrounded by Judge Morgan has served on the federal ing professionalism, and me in recognizing the his family and friends at the age of 86. bench with honor and integrity for 21 years. outstanding contributions of this group to the It is not an easy task to summarize a life so She has been an exceptional jurist, committed Passaic County community and beyond. rich in accomplishment as the one lived by to fairness in the decisions impacting those f Bruno DeGol. For many of my constituents in who have appeared before her. Throughout Pennsylvania Bruno DeGol was best known her life and career, Judge Morgan has sought URGING ALL AMERICANS AND as an amazingly successful entrepreneur, a to ensure that all parties, including those with PEOPLE OF ALL NATIONALITIES noted philanthropist and as someone who limited access to services and legal represen- TO VISIT THE NATIONAL CEME- never forgot his roots in the community where tation, have justice and equality. However, her TERIES, MEMORIALS, AND he grew up and prospered. I agree with that extraordinary dedication to public service ex- MARKERS ON MEMORIAL DAY sentiment and I can say without question tends far beyond her courtroom. Bruno will be missed by all who knew him and Prior to her legal career, Ms. Morgan SPEECH OF knew of him. worked in the civil rights movement in the area HON. PHIL GINGREY You don’t get to be as successful in life as of voter registration. After receiving her J.D. OF GEORGIA Bruno DeGol by backing down to a challenge from Emory University, Ms. Morgan returned IN THE HOUSE OF REPRESENTATIVES and Bruno never did. In World War II he took to her native San Jose to start her own prac- part in the D-Day Invasion as a soldier with tice in bankruptcy law, representing both debt- Tuesday, May 19, 2009 the Army’s 102nd Infantry Division. Bruno left ors and creditors. She also served as a bank- Mr. GINGREY of Georgia. Mr. Speaker, I the Army at the end of the war with an honor- ruptcy trustee. In that capacity, she quickly rise today, as an original cosponsor, to voice able service record that included the Bronze identified a need for a communications clear- my strong support for H. Res. 360, which Star and numerous medals and commenda- inghouse for trustees to connect and share urges Americans and people of every nation- tions for his service. ideas and educational resources. Ms. Morgan ality to visit national cemeteries, memorials, Like so many other returning veterans look- was co-founder of the National Association of and markers on this upcoming Memorial Day. ing for a start in post-war America, Bruno took Bankruptcy Trustees, an educational and ad- Today, we rightfully take time to recognize a chance and opened his first of many busi- vocacy organization for Chapter 7 Trustees the men and women who have dedicated their ness ventures in 1950. By 1972, his business, that continues to thrive and boast a nationwide lives to the service of our nation. We are a construction materials company, had grown membership.

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.006 E20MYPT1 rfrederick on PROD1PC67 with REMARKS May 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1213 Among some important firsts, Ms. Morgan tion; the Santa Clara County Building Author- ognizing Erwin Charles ‘‘Red’’ Becker and served as the first woman President of the ity; the Downtown YWCA; and the Santa Clara wishing him well a he retires as Mayor of Santa Clara County Bar Association in 1985– County Century Club. Evansville, Illinois. 86 and as the first bankruptcy lawyer ap- For more than 30 years, Judge Morgan has Red Becker comes by public service natu- pointed as a Lawyer Representative to the been an outstanding pillar of our community in rally. His great uncle, Walter Becker served as Ninth Circuit Judicial Conference. She has San Jose, a forceful advocate for the improve- Mayor of Evansville from 1923 until 1957 also served as a member of the Bankruptcy ment of the legal system and the community when he died in office. Before serving the Vil- Advisory Committee to the United States Dis- at large, an inspiration and role model for her lage of Evansville, Red served his country with trict Court and as a referee and probation public service, a loyal friend to the many peo- a tour in Vietnam. monitor on the State Bar Court. Since her ap- ple with whom she has worked along the way, In 1983, Red decided to become more ac- pointment to the bench in 1988, Judge Mor- and a jurist whose common sense and legal tively involved in local government and ran for gan has continued her extensive contributions acumen has provided justice to those who Village Trustee. This confirmed his commit- to the legal community. She is one of the co- have appeared before her. ment to his community and, two years later, founders of the Congressman Don Edwards She is married to the Hon. (Ret.) James R. he was elected Mayor of the Village of Hon. American Inn of Court, a professional associa- Grube, and they have three children, Terry, Evansville, a position he held through six tion dedicated to promoting civility and en- Elyse, and Mark. terms and 24 years. hancing communications between the bench It is with great pleasure that I join Judge During Red Becker’s tenure as Mayor, and the bankruptcy bar. She has also served Morgan in celebrating her life and many ac- Evansville has seen many changes, including on the Board of Directors of Lincoln Law complishments. I thank her for her contribu- a four-phase road project, an upgraded and School of San Jose, Consumer Credit Coun- tions to our region in California and to our na- expanded boat dock, a new fire house, water selors of San Francisco and its subsidiary, tion. On behalf of our community, I congratu- tower and line replacements, and new water BALANCE, and the Bay Area Bankruptcy late Judge Morgan and wish her and her fam- and sewer treatment facilities. These last Forum. ily well in her retirement and her future plans items were made necessary due to damage Judge Morgan has been a powerful advo- to continue in service to her community. from the ‘‘Great Flood of ’93’’ which displaced cate for the improvement of the legal system. f the Mayor from his own residence. During this In 2007, Judge Morgan testified about ‘‘Pro- disastrous time for Evansville as well as many CONGRATULATING JAMES ‘‘J.T.’’ tecting Home Ownership’’ before the Sub- Midwestern communities, Red Becker proved THOMAS JR. FOR WINNING CBS’S committee on Administrative and Commercial his dedication to public service by working ‘‘SURVIVOR: TOCANTINS’’ Law of the Judiciary Committee of the U.S. around the clock, meeting the needs of his House of Representatives. In 1997, she also community, even as many of his own belong- testified before the National Bankruptcy Re- HON. JO BONNER ings were lost to the flood. view Commission regarding proposed amend- OF ALABAMA After the devastation of the 1993 flood, Red ments to the Bankruptcy Code. In 2007, the IN THE HOUSE OF REPRESENTATIVES oversaw a rebuilding of Evansville and has National Association of Consumer Bankruptcy Wednesday, May 20, 2009 continued to work tirelessly for the benefit of Attorneys recognized Judge Morgan for her Mr. BONNER. Madam Speaker, I rise today the village and its residents. extraordinary service in the field of consumer to congratulate Mobile’s own, James ‘‘J.T.’’ Madam Speaker, I ask my colleagues to join bankruptcy law. In 1999, she received the Thomas Jr. on winning the million-dollar prize me in an expression of recognition and appre- Fresh Start Award from the local consumer on CBS’s ‘‘Survivor: Tocantins—The Brazilian ciation for a true public servant, Erwin Charles bankruptcy community in recognition of her Highlands.’’ ‘‘Red’’ Becker, and in wishing him all the best contributions to improving the consumer bank- Before a national television audience, J.T in the future. ruptcy system. was announced the winner of the 18th edition f Judge Morgan has also been an active and of the game. Known as the show’s ‘‘nice guy,’’ effective advocate for improving the quality of, RECOGNIZING ROBERTA RAKOVE, J.T. won the unanimous votes of seven jury and access to, legal services available to the RECIPIENT OF THE PARTNER- members, proving he had outwitted, out- public. She has served as President of the SHIP FOR ACTION GRASSROOTS played, and outlasted the other 15 players. He Santa Clara County Bar Association Law CHAMPION AWARD became only the second person to win both Foundation and a trustee of Santa Clara the jury vote, worth $1 million, as well as the County Law Related Education. She is also a viewers’ vote, worth $100,000. HON. DANNY K. DAVIS co-founder of the Pro Bono Project of Santa The Samson, Alabama, native earned a OF ILLINOIS Clara County. Judge Morgan has been a fre- business administration degree from Troy Uni- IN THE HOUSE OF REPRESENTATIVES quent provider of continuing legal education versity. While living in Troy, he also owned his through the Bay Area Bankruptcy Forum, the Wednesday, May 20, 2009 own fencing company. He moved to Mobile in National Association of Consumer Bankruptcy Mr. DAVIS of Illinois. Madam Speaker, I rise 2007, where he manages the B.E. Cattle Co. Attorneys, the National Association of Bank- to acknowledge Roberta Rakove, Senior Vice farm, an operation with 112 head of registered ruptcy Trustees, the Santa Clara County Bar President, Government Affairs, of Sinai Health Angus cows, along with 70 calves that are a Association, the California Bankruptcy Forum, System for her outstanding leadership in cre- year old and 60 calves that are just a few the National Conference of Bankruptcy ating grassroots and community activity in months old. He also manages 700 head of Judges, the American Law Institute—American support of her hospital’s mission. Roberta cattle in Lowndes County. Rakove was first nominated by the Illinois Bar Association, and the Norton Institute. Madam Speaker, I ask my colleagues to join In addition to her contributions to the legal Hospital Association (IHA), and later awarded me in congratulating James ‘‘J.T.’’ Thomas Jr. community, Judge Morgan has given gener- by both the IHA and the American Hospital for winning CBS’s ‘‘Survivor: Tocantins—The ously to her broader community. One of the Association (AHA) the Partnership for Action Brazilian Highlands.’’ I know his friends, fami- first women admitted to membership in the Grassroots Champion Award on April 28, lies, and members of the community join with Rotary Club of San Jose, she has truly fulfilled 2009. me in praising his accomplishments. its mission of ‘‘service above self.’’ She has The Partnership for Action Grassroots served on the club’s Board of Directors and f Champion Award was established to recog- has been intimately involved in developing Los RECOGNIZING ERWIN CHARLES nize hospital leaders who most efficiently in- Amigos de Washington School, a Rotary pro- ‘‘RED’’ BECKER ON HIS RETIRE- form elected officials of the affect major issues gram that provides support to the students, MENT AS MAYOR OF EVANS- have on a hospital’s fundamental role in the families and teachers of Washington Elemen- VILLE, ILLINOIS community; to recognize hospital leaders who tary School through activities, events and have done an exemplary job in broadening the mentoring. Judge Morgan has been a regular HON. JERRY F. COSTELLO base of community support for the hospital; at the school, reading books to several class- OF ILLINOIS and to recognize hospital leaders who con- es and mentoring a group of fourth grade girls. IN THE HOUSE OF REPRESENTATIVES tinue to advocate on behalf of the hospital and She has also served on the Board of Directors its patients. of the American Red Cross; the San Jose Ca- Wednesday, May 20, 2009 Roberta Rakove’s commitment to advo- thedral Foundation; The Women’s Fund; the Mr. COSTELLO. Madam Speaker, I rise cating for the hospital community extends to Santa Clara County Public Facilities Corpora- today to ask my colleagues to join me in rec- her 15 years of devotion on IHA’s Advocacy

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.009 E20MYPT1 rfrederick on PROD1PC67 with REMARKS E1214 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2009 Council, DSH Steering Committee, and other [From the Wall Street Journal, May 16, 2009] longed mental harm.’’ There is no record of membership groups. CRITICS STILL HAVEN’T READ THE ‘‘TORTURE’’ Rep. Jerrold Nadler—who now calls for im- For 90 years the hospitals and caregivers of MEMOS peachment and a criminal investigation of Sinai Health System have provided medical (By Victoria Toensing) the lawyers—trying to make any act (e.g., waterboarding) illegal, or attempting to less- Sen. Patrick Leahy wants an independent care and social services to Chicago’s neediest en the specific intent standard. communities in west and south Chicago. Sinai commission to investigate them. Rep. John Community Institute provides social service Conyers wants the Obama Justice Depart- The Gonzales memo analyzed ‘‘torture’’ outreach for the lifestyle issues that contribute ment to prosecute them. Liberal lawyers under American and international law. It want to disbar them, and the media maligns noted that our courts, under a civil statute, to health while the Sinai Urban Health institute them. have interpreted ‘‘severe’’ physical or mental researches the prevalence of chronic disease What did the Justice Department attor- pain or suffering to require extreme acts: in Chicago neighborhoods. Collectively, the neys at George W. Bush’s Office of Legal The person had to be shot, beaten or raped, Sinai Health System provides a full continuum Counsel (OLC)—John Yoo and Jay Bybee—do threatened with death or removal of extrem- of care for acute, primary, specialty and reha- to garner such scorn? They analyzed a 1994 ities, or denied medical care. One federal bilitation to meet the needs of the communities criminal statute prohibiting torture when court distinguished between torture and acts and patients it serves. the CIA asked for legal guidance on interro- that were ‘‘cruel, inhuman, or degrading gation techniques for a high-level al Qaeda treatment.’’ So have international courts. detainee (Abu Zubaydah). f The European Court of Human Rights in the In the mid-1980s, when I supervised the le- case of Ireland v. United Kingdom (1978) spe- CUBAN INDEPENDENCE DAY gality of apprehending terrorists to stand cifically found that wall standing (to trial, I relied on a decades-old Supreme produce muscle fatigue), hooding, and sleep Court standard: Our capture and treatment and food deprivation were not torture. HON. KENDRICK B. MEEK could not ‘‘shock the conscience’’ of the The U.N. treaty defined torture as ‘‘severe OF FLORIDA court. The OLC lawyers, however, were not asked what treatment was legal to preserve pain and suffering.’’ The Justice Department IN THE HOUSE OF REPRESENTATIVES a prosecution. They were asked what treat- witness for the Senate treaty hearings testi- Wednesday, May 20, 2009 ment was legal for a detainee who they were fied that ‘‘[t]orture is understood to be bar- told had knowledge of future attacks on baric cruelty . . . the mere mention of which Mr. MEEK of Florida. Madam Speaker, I Americans. sends chills down one’s spine.’’ He gave ex- would like to recognize that today, May 20, The 1994 law was passed pursuant to an amples of ‘‘the needle under the fingernail, 2009, is Cuban Independence Day. On this international treaty, the United Nations the application of electrical shock to the day, many people in my home community of Convention Against Torture and Other genital area, the piercing of eyeballs. . . .’’ South Florida will mark the rich cultural herit- Cruel, Inhuman or Degrading Treatment. Mental torture was an act ‘‘designed to damage and deep-rooted traditions of Cuban Inde- The law’s definition of torture is circular. age and destroy the human personality.’’ Torture under that law means ‘‘severe phys- pendence Day. What was once a day of fes- The treaty had a specific provision stating ical or mental pain or suffering,’’ which in tivity and joy has become a day of nostalgia that nothing, not even war, justifies torture. turn means ‘‘prolonged mental harm,’’ which Congress removed that provision when draft- for a Cuba that once was free, but also of must be caused by one of four prohibited ing the 1994 law against torture, thereby per- hope that it will soon regain its freedom. acts. The only relevant one to the CIA in- As we continue to see political prisoners quiry was threatening or inflicting ‘‘severe mitting someone accused of violating the jailed in Cuba for peacefully expressing their physical pain or suffering.’’ What is ‘‘pro- statute to invoke the long-established de- rights and freedoms, we must remember that longed mental suffering’’? The term appears fense of necessity. May 20, 1902, stood as a day of freedom and nowhere else in the U.S. Code. The memo to the CIA discussed 10 re- liberty after years of struggle and hardship. Congress required, in order for there to be quested interrogation techniques and how Political prisoners today such as Dr. Oscar a violation of the law, that an interrogator each should be limited so as not to violate specifically intend that the detainee suffer Elias Biscet and dissidents like Jorge Luis the statute. The lawyers warned that no pro- prolonged physical or mental suffering as a cedure could be used that ‘‘interferes with Garcia Perez ‘‘Antunez’’ hold strong unto their result of the prohibited conduct. Just know- the proper healing of Zubaydah’s wound,’’ forefathers’ passion for liberty and desire to ing a person could be injured from the inter- which he incurred during capture. They ob- live in a free and transparent democracy. rogation method is not a violation under Su- served that all the techniques, including While Dr. Biscet currently serves a 25-year preme Court rulings interpreting ‘‘specific waterboarding, were used on our military prison sentence in Cuba, even from behind intent’’ in other criminal statutes. trainees, and that the CIA had conducted an bars, he continues to promote democracy, so- In the summer of 2002, the CIA outlined 10 ‘‘extensive inquiry’’ with experts and psy- interrogation methods that would be used chologists. cial justice and liberty for all Cuban people. only on Abu Zubaydah, who it told the law- Close friends, neighbors and many others yers was ‘‘one of the highest ranking mem- But now, safe in ivory towers eight years who I grew up with are Cuban-Americans who bers of’’ al Qaeda, serving as ‘‘Usama Bin removed from 9/11, critics demand criminal- have come to this country with little else be- Laden’s senior lieutenant.’’ According to the ization of the techniques and the prosecution yond the clothes on their back and are now CIA, Zubaydah had ‘‘been involved in every or disbarment of the lawyers who advised the living the American Dream. I stand alongside major’’ al Qaeda terrorist operation includ- CIA. Contrary to columnist Frank Rich’s un- these patriotic individuals as they mark May ing 9/11, and was ‘‘planning future terrorist informed accusation in the New York Times that the lawyers ‘‘proposed using’’ the tech- 20th in our State. They are men and women attacks’’ against U.S. interests. Most importantly, the lawyers were told niques, they did no such thing. They were who love their adopted homeland, but long for that Zubaydah—who was well-versed in asked to provide legal guidance on whether their native land to allow them the freedoms American interrogation techniques, having the CIA’s proposed methods violated the law. they enjoy here. I offer them my solidarity on written al Qaeda’s manual on the subject— Then there is Washington Post columnist this special day. ‘‘displays no signs of willingness’’ to provide Eugene Robinson, who declared that information and ‘‘has come to expect that no ‘‘waterboarding will almost certainly be f physical harm will be done to him.’’ When deemed illegal if put under judicial scru- the usual interrogation methods were used, tiny,’’ depending on which ‘‘of several pos- WALL STREET JOURNAL OP-ED he had maintained his ‘‘unabated desire to sibly applicable legal standards’’ apply. Does PIECE ON TORTURE kill Americans and Jews.’’ he know the Senate rejected a bill in 2006 to The CIA and Department of Justice law- make waterboarding illegal? That fact alone HON. DON YOUNG yers had two options: continue questioning negates criminalization of the act. So quick Zubaydah by a process that had not worked to condemn, Mr. Robinson later replied to a OF ALASKA or escalate the interrogation techniques in TV interview question that he did not know IN THE HOUSE OF REPRESENTATIVES compliance with U.S. law. They chose the how long sleep deprivation could go before it latter. was ‘‘immoral.’’ It is ‘‘a nuance,’’ he said. Wednesday, May 20, 2009 The Justice Department lawyers wrote two Mr. YOUNG of Alaska. Madam Speaker, I opinions totaling 54 pages. One went to Yet the CIA asked those OLC lawyers to rise today to introduce the following Op-Ed White House Counsel Alberto Gonzales, the figure out exactly where that nuance stopped other to the CIA general counsel. in the context of preventing another attack. piece from the May 16, 2009 edition of the Both memos noted that the legislative his- There should be a rule that all persons pro- Wall Street Journal. I believe this piece tory of the 1994 torture statute was ‘‘scant.’’ posing investigation, prosecution or disbar- speaks to the reactive nature of Congress, Neither house of Congress had hearings, de- ment must read the two memos and all un- and will help shed some light on this issue to bates or amendments, or provided clarifica- derlying documents and then draft a dis- those both inside and outside the Beltway. tion about terms such as ‘‘severe’’ or ‘‘pro- senting analysis.

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.011 E20MYPT1 rfrederick on PROD1PC67 with REMARKS May 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1215 IN MEMORY OF EDWARD ‘‘SCOTT’’ by those he served, Scott was an exceptional tive faith in God surpasses the fear and uncer- HOOD role model. His colleagues tell us that they will tainty we may feel from time to time. By work- miss his shy smile and the ‘‘will do’’ spirit and ing and praying together we can ensure that HON. ROBERT A. BRADY positive attitude that he brought to work each future generations of Americans will share the OF PENNSYLVANIA day. When asked to describe him, the most morals and values that brought us here today. IN THE HOUSE OF REPRESENTATIVES common phrase mentioned was, ‘‘He was Thank you and God bless the United States of ‘The Rock’ that we relied on.’’ America. Wednesday, May 20, 2009 Besides his loving wife and sons, Scott is f Mr. BRADY of Pennsylvania. Madam survived by his parents, Darlene G. and Ed- Speaker, this week, we in the House lost one ward Hood, of Germantown, MD. He was the ‘‘HOPE BLOOMS’’ FOUNDERS of our own. It is with great sadness and a son-in law of Edith Jenkins, the loving grand- WAYNE AND SHANNON MARKLO- heavy heart that I rise today to honor the son of Otis and Margaret Smith, and the WITZ OF CLEAR LAKE, MN memory of Edward ‘‘Scott’’ Hood and his brother of Kevin Hood and his wife Zaida, all years of exemplary service to the Members of Germantown, MD. HON. MICHELE BACHMANN and staff of the House of Representatives. It is a privilege to pay respects to a man OF MINNESOTA Scott Hood lived in Point of Rocks, Mary- who lived the spirit of unconditional and un- IN THE HOUSE OF REPRESENTATIVES land with his wife, Karen, and sons, Zachary wavering service to this great institution. On Wednesday, May 20, 2009 and Luke. He served the House of Represent- behalf of the entire House community, we ex- atives with distinction and excellence for al- tend our condolences to Scott’s family, friends Mr. BACHMANN. Madam Speaker, I rise most twenty-three years, beginning his Con- and colleagues in mourning the loss of this today to honor two truly amazing individuals, gressional career in the House Cabinet Shop. truly special public servant. I am honored to Wayne and Shannon Marklowitz of Clear Scott worked in that shop for eleven years, stand before the House and to commend him Lake, as they begin to create a foster care where he learned and honed his skills in the for his service to the Congress and our Na- community, ‘‘Hope Blooms’’, in Becker, Min- woodworking trade. ‘‘Scotty’’ was a valued tion. nesota. Wayne and Shannon are working hard craftsman and a remarkable talent, with many to provide a safe, welcoming environment for of his pieces still in use throughout the Capitol f some of the 650 Minnesota children between complex. The highlight of Scott’s portfolio was HONORING FAMILIES OF FALLEN the ages of 0 and 18 who are waiting to be a sideboard which he made for then Speaker SOLDIERS placed with a foster home. And, they also of the House, the Honorable Newt Gingrich, in hope to provide a close support network for August of 1996. It can still be viewed in room the families that want to provide the love and H–230 of the Capitol. HON. GINNY BROWN-WAITE care these children so desperately need. When the position of Office Coordinator was OF FLORIDA It is not often we see such dedication to- created in the Office of the Chief Administra- IN THE HOUSE OF REPRESENTATIVES ward such a selfless goal, particularly amidst tive Officer (CAO) in 2002, Scott saw this as Wednesday, May 20, 2009 these troubling times when people honestly an opportunity to enhance his career path by turn their focus inward. Wayne works as a fire applying his knowledge of cabinetry to advise Ms. GINNY BROWN-WAITE of Florida. fighter and Shannon is studying to become a his customers on furniture choices and selec- Madam Speaker, I rise today to honor all the counselor, so there are plenty of very legiti- tions. He continued to build and cultivate rela- families who have lost a loved one in defense mate excuses to hold off on this endeavor. But tionships with offices over the next few years, of our great Nation and in particular, those the inspiration of a similar program in Texas, ultimately working his way up to Supervisor of gathered at Calvary Baptist Church in Lake- the prayers of their family, the support of their the CAO Capitol Service Center in 2004. In land, Florida. For over 225 years, the United community and their unconditional faith have addition to his supervisory duties, he was as- States has been a beacon of hope and free- moved this project closer to fruition with each signed to the responsibility of coordinating and dom throughout the world. That freedom day. In fact, Wayne and Shannon received responding to the furniture and equipment comes at a price, however. Whether it is the their not-for-profit status from the federal gov- needs of the Leadership offices, as well as original fight for independence during the ernment in just one month, even thought they representing the CAO organization in the American Revolution, the drive to defeat com- had been told the process takes a year. Even logistical coordination of high-profile events in munism during the cold war, or the current government appears to have been inspired by the Capitol Building. In 2007, he was awarded battle in the Middle East, soldiers throughout their dreams. the Darrell Norman Excellence Award—the our history have fought and given their lives to After fostering 23 children with my family, I highest recognition of service bestowed on an keep us safe here at home. I salute their sac- know the personal joy a foster child can bring employee of the Chief Administrative Officer. rifice, the sacrifice of their families, and dedi- to a home. I am so grateful to for that gift that The summation of his recognition then is a fit- cation to their fellow man. I received as a foster parent, and I am equally ting testament to his entire career with the Our Nation has often had to defend itself grateful to the Marklowitz’ for helping other House. ‘‘Scott Hood inspires and motivates his from enemies, both foreign and domestic. families experience that same joy. Shannon staff to deliver quality services and solutions to Throughout these struggles, it has been our and Wayne are taking on this endeavor as a the furniture and equipment problems of the shared faith in our Lord that has given us the leap of faith, as they acknowledge, answering offices located in the Capitol. Scott has also strength to soldier on during tough and trying the call from Christ’s apostle James, who been a keen contributor to our efforts to en- times. America has seen both the good and asked true believers ‘‘to look after the orphans hance customer satisfaction and to work the bad throughout our Nation’s history, but in and widows in distress.’’ across the organization and with a variety of the end I firmly believe that each of us will I rise to honor this amazing young couple service partners to deliver solutions that ex- heed the call to show our commitment to God for their faith and work to meet such important ceed the expectations and needs of their cus- when forced to make decisions that affect our goals. The month of May has been designated tomers. He has been particularly effective in fellow man. as ‘‘National Foster Care Month’’ and I en- bringing his change management and leader- To those who will gather at Calvary Baptist courage all Americans to look into foster care ship skills to bear in developing an effective Church to honor our ‘‘True American Heroes,’’ options and to support the families that have partnership with the Architect of the Capitol to know this Congress thanks you and honors foster children. The future of our country rests deliver seamless solutions to House Leader- you. As Ronnie and Aileen Payne wrote to firmly on the shoulders of our children and the ship Offices.’’ me, ‘‘Our sons and daughters were more than hundreds of thousands of children in foster Scott was able to use his inherent honesty just a name and a casualty number. They care are an important part in carrying on the and integrity to build trusting relationships and were the best that America had to offer. They principles of freedom and community on which to be a valued advisor to both his offices and ran in when others ran out. They answered America was founded. I look forward to seeing staff at all levels. Scott not only embraced and when America called.’’ the success and joy Hope Blooms brings to lived the CAO mission, vision, values, and America is the greatest Nation in the world. foster families and children in and around brand, but inspired and motivated his staff and We have a proud history of service, faith and Becker. May God continue to bless the homes other organizations to do the same. Admired community ties that bind us to the common that have opened their doors to the children in by the people who knew him and appreciated belief in the goodness of mankind. Our collec- need.

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.014 E20MYPT1 rfrederick on PROD1PC67 with REMARKS E1216 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2009 TRIBUTE TO CENTENNIAL HIGH RECOGNIZING THE SERVICE CORPS Chapel, Florida, sending out over 250 pack- SCHOOL, CALIFORNIA FOOTBALL OF RETIRED EXECUTIVES ages a week. While Mr. Williams accepts do- CHAMPIONS (SCORE) FOR THEIR VALUABLE nations, the cost of postage can often exceed SERVICE TO THE SMALL BUSI- $8,000 a week. NESS COMMUNITY In order to alleviate some of the difficulties HON. KEN CALVERT incurred by these costs, Representative KATHY CASTOR and I have introduced H.R. 707, OF CALIFORNIA HON. LAMAR SMITH OF TEXAS which would allow for a monthly voucher pro- IN THE HOUSE OF REPRESENTATIVES viding free postage for small parcels and other IN THE HOUSE OF REPRESENTATIVES correspondence to be distributed to soldiers Wednesday, May 20, 2009 Wednesday, May 20, 2009 serving in combat zones overseas to transfer Mr. CALVERT. Madam Speaker, I rise today Mr. SMITH of Texas. Madam Speaker, I at their own discretion. We have introduced to honor and pay tribute to a school in my would like to submit the following for the CON- this legislation to recognize not only the sac- congressional district that not only excels in GRESSIONAL RECORD: rifices made by the brave men and women academics but is also distinguished on the Started in October 5, 1964, Service Corps of who serve overseas in our Armed Forces, but football field. On December 19, 2008, The Retired Executives (SCORE), known pres- the sacrifices borne by their loved ones back Centennial High School football team won the ently as ‘‘SCORE Counselors to America’s home. Our hope is that, once passed into law, Small Business,’’ is made up of more than 2008 California Interscholastic Federation this bill will also assist generous souls like Bob 11,200 counselors in nearly 400 offices who Williams in his organization’s efforts to send (CIF) Division I Championship. In the cham- provide time and expertise to assist fledgling our troops a piece of home. pionship game, Centennial defeated De La business owners and prospective entre- Madam Speaker, please join me in honoring Salle, Concord 21 to 16. preneurs. Today, the organization fulfills the vital role of helping small business owners Bob Williams for the many contributions he The football team is an outstanding example survive economic challenges, stay in busi- has made to honor the bravery and selfless of hard work, determination and perseverance. ness, and keep Americans working. Accord- sacrifice of our Nation’s servicemembers. May They were undefeated in the 2008 season and ing to the Small Business Administration God bless our troops and may God continue have earned the title ‘‘Champions.’’ The mem- (SBA), each year SCORE assistance helps to bless the United States of America. bers of the winning football team, according to start approximately 20,000 new businesses f their jersey number, include: and creates approximately 25,000 jobs. In 2008, SCORE reached the impressive THANKING LAKE ALICE SCHOOL Dion Bass, Geshun Harris, Nick Beasley, milestone of providing eight million clients Michael Aguon, Taylor Martinez, Michael with mentoring and training since its found- Arredondo, Vontaze Burfict, Jason Manalili, ing. That year, SCORE’s nearly 7,000 busi- HON. ADRIAN SMITH Lenon Ford, Larry Scott, Trevor Romaine, ness workshops drew in excess of 133,000 OF NEBRASKA Demeitri Beasley, Chris Simpson, Charles attendees and the online workshops at- IN THE HOUSE OF REPRESENTATIVES tracted 51,000 more. Counselors can provide Oakley, Cody Baker, Barrington Collins, Mi- assistance via e-mail and numerous courses Wednesday, May 20, 2009 chael Eubank, Ricky Marvray, Sam Kadar, may be taken on line, free of charge. Mr. SMITH of Nebraska. Madam Speaker, I Chris Gonzalez, Hayden Gavett, Anthony America’s small businesses play a signifi- rise today to celebrate a gem of western Ne- Goodman, Arthur Burns, KJ Vaifale, Kevin cant role in our economy, accounting for braska, Lake Alice School. The school, which Angulo, Eddie Lopez, Denzel Hawkins, Duran 99.7% of all employer firms and generating first opened its doors in 1915, will bid its final more than half of the non-farm private gross Harris, Jacob Duro, Lee Adams, Anthony farewell on Monday. Whitlow, Khiry Shabazz, Norman Ford, Bran- domestic product (GDP). SCORE continues to be a well-positioned and valuable resource A Farewell to Lake Alice School will be held don Brown, Daniel Contreras, Marques Wat- for these small businesses as they grow and with an open house at the school, allowing son, Damion Smith, Izaac Colunga, Jimmy develop. anyone who is or has been associated with Munoz, JD Austin, Jaleel Johnson, Daniel I commend SCORE’s numerous volunteers the school to reminisce on its impact to our Mireles, Frank Jimenez, James Lindsay, who share their time and valuable expertise community and what it has meant to so many Markiece Miller, Casey Winans, Derek Aviles, to equip future entrepreneurs with the skills people through the years. Brandon Holder, Andrew Torres, Adam to own and operate successful small busi- Nearly 7,000 students from Scottsbluff and nesses. Volunteers from SCORE have dem- Hollick, Eric Rizzo, Steele Frey, David Leon, the surrounding area have passed through the Jacob Appleton, Daniel Rojas, Cesar Olivares, onstrated their commitment to enhancing quality of life, building strong communities, school during its 93 years. I’m proud to have Jake Amaya, Adam Davila, Adrian Contreras, and promoting economic growth. Our com- known Lake Alice students, teachers, grad- Kendrick Allen, Luis Rodriquez, Marc Andres, munities can take pride in SCORE’s good uates, and faculty throughout my life. The Robbie Bishop, Chad Salcido, Jesus Cacho, work. school provided a quality education and Jacob Olsson, Gavin Pascarella, Joseph f served as a point of pride for the community. Lopez, Johnnyray Cabrerra, Elijah Perricone, Lake Alice will hold a special place in our JT Felix, David Mireles, Deji Olijade, Jeremy HONORING BOB WILLIAMS FOR HIS hearts. I hate to see the doors close, but I Fennell, JT Powell, Ahkeel Chambers, Derrick EFFORTS SENDING CARE PACK- know the memories will last forever. AGES TO OUR SOLDIERS OVER- Wilson, Romello Goodman, Isaiah Ashby, f Bryan Murillo, Eric Finney, Milo Jordan, Iosefa SEAS Gasu, Derrick Ivy, William Sutton, Ben HONORING THE MEMORY OF HUEY Letcher, Paul Verrette, Adam Uribe, Christian HON. GUS M. BILIRAKIS ALFRED MACK SR. Gonzales, Thomas Amato. OF FLORIDA The team is led by Head Coach Matt Logan; IN THE HOUSE OF REPRESENTATIVES HON. JO BONNER Assistant Coaches Ron Gueringer, Jeremy Wednesday, May 20, 2009 OF ALABAMA Goins, Brian Benz, Noel Hughes, Matt Lance, IN THE HOUSE OF REPRESENTATIVES Mr. BILRAKIS. Madam Speaker, I rise today Mike Nicks, Bill Carter, Kunane Burns, James to honor American patriot and founder of the Wednesday, May 20, 2009 Hughes, Leo Perez, Dan Herring, Casey Rich- ‘‘Support Our Troops’’ organization, Bob Wil- Mr. BONNER. Madam Speaker, the city of ardson, Trevor Bermudez, Ika Tamelfuna, and liams. Robertsdale, Alabama, and all of southwest Corey Kipp. The team is strongly supported by A veteran of the Vietnam War, Bob Williams Alabama recently lost a dear friend, and I rise Principle Sam Buenrostro, Athletic Director Bill understands how valuable it is to receive a today to honor Huey Alfred Mack Sr. and pay Gunn and the entire Centennial family. care package from home. For 27 years, Bob tribute to his memory. It is an honor to represent such a fine group has sent care packages to members of the Mr. Mack was born in rural Escambia Coun- of young people with a strong dedication to Armed Forces serving overseas, often using ty and studied pre-med at the University of teamwork and academics. I know each one of his own funds to cover both the cost of sup- Alabama. In 1958, he received a degree in them will treasure the memories of their cham- plies and postage. His organization, Support mortuary science at Gupton Jones Institute in pionship season and I commend them, and Our Troops, is the largest of its kind in Florida Dallas, Texas, and just seven years later, he the entire Centennial High School community, to send care packages to troops. His group and his family moved from Atmore to for this truly great achievement. operates out of its own warehouse in Wesley Robertsdale and opened Mack Funeral Home.

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.017 E20MYPT1 rfrederick on PROD1PC67 with REMARKS May 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1217 In 1978, he was appointed by then-Gov- After more than 20 years of service to Club these pressing issues, the City is facing dan- ernor George C. Wallace as Baldwin County’s RIF and 30 years in education, Pat is retiring. gerously high rates of obesity and diabetes; coroner. He went on to win seven consecutive Through her leadership, vision and passion, dramatic climate changes with rising tempera- elections and remained in the post until his re- she excelled as a charismatic advocate for lit- tures and sea levels; devastatingly poor air tirement in 2006. In addition to serving as eracy and provided a shining example of how quality and growing asthma rates; and lack of county coroner and owning the funeral home, students can positively influence children in knowledge of, and respect for, the natural en- he ran a commercial real estate business and their communities through education and read- vironment among younger generations. NYRP a small cattle operation. ing. Her energy and enthusiasm for Club RIF is able to combat the negative effects of these Former Baldwin County District Attorney and its mission will continue to inspire stu- concerns through five core initiatives: Park David Whetstone said ‘‘[Mr. Mack] was prob- dents to get excited about reading. Reclamation and Beautification, Community ably one of the best coroners in the history of I take particular pride in Pat’s contributions Garden Design Excellence Program, Commu- Alabama . . . And he is one of the best friends and accomplishments because she was one nity Outreach, Environmental Education Pro- you could have.’’ Jim Small, who was elected of my first students when I began my own 28- gramming, and MillionTreesNYC Tree Planting county coroner following Mr. Mack’s retirement year teaching career. and Stewardship. said, ‘‘He was a person who worked hard and Madam Speaker, please join me in con- As a permanent operational partner with diligently.’’ gratulating Patricia Heck on her energetic con- local communities and city agencies, NYRP Mr. Mack was a founding member of the tributions to Club RIF, her upcoming retire- supplies labor, materials, project design and Central Baldwin County Chamber of Com- ment, and the lasting legacy she will leave management, and environmental educational merce and had served as its president. He with the community. programs throughout the city’s green spaces. was also past president of the Alabama Fu- f NYRP has removed more than 1,900 tons of neral Director’s Association, the Robertsdale garbage and debris from New York City parks Rotary Club, and past board member of the RECOGNIZING BETTE MIDLER AND and public spaces; created Swindler Cove Selected Independent Funeral Homes. He was THE NEW YORK RESTORATION Park on the Harlem River, on the site of what a devout member of Robertsdale United Meth- PROJECT was once an illegal dumping ground; planted odist Church. more than 200,000 trees as part of Madam Speaker, I ask my colleagues to join HON. CHARLES B. RANGEL MillionTreesNYC, a public-private partnership me in remembering a beloved friend to many OF NEW YORK between the New York City Department of throughout southwest Alabama. Huey Alfred IN THE HOUSE OF REPRESENTATIVES Parks and Recreation and NYRP; undertaken the care of Fort Washington Park, Fort Tryon Mack Sr. will be dearly missed by his family— Wednesday, May 20, 2009 his wife, Jean Marie Mack; his daughter, Linda Park, Highbridge Park, Bridge Park, and Ro- Lou Mack, his son, Huey A. ‘‘Hoss’’ Mack Jr.; Mr. RANGEL. Madam Speaker, today I rise berto Clemente State Park; saved 114 com- his sister, Judy; his brother, Arnold; his five to recognize Bette Midler and the New York munity gardens from commercial development; grandchildren; and his great grandchild—as Restoration Project who for the last 14 years and served thousands of youth and families well as the countless friends he leaves behind. has been revitalizing underserved parkland with after-school and school-day outdoor Our thoughts and prayers are with them all and community gardens in my Congressional learning and public programs. during this difficult time. District and throughout the City of New York. So Madam Speaker, I ask that you and my distinguished colleagues join me in recog- f Restoration of our beloved parks and gardens has promoted in my community a sense of nizing my good friend Bette Midler for all her HONORING MRS. PATRICIA HECK ownership and civic pride leading residents to contributions to our parks and such a remark- preserve their beloved recreational areas. able and impressive organization like the New HON. HARRY E. MITCHELL Bette Midler first got the attention of this York Restoration Project who, under the leadership of Executive Director Drew Becher, has OF ARIZONA Congress when she took to national syn- transformed and beautified the parks and IN THE HOUSE OF REPRESENTATIVES dicated television in 1994 and confessed that if she had not gone into entertainment she community gardens of my district and the city Wednesday, May 20, 2009 probably would have pursued a career as an of New York. Mr. MITCHELL. Madam Speaker, I rise urban planner, and she certainly has moved to f today to recognize Patricia Heck, an exem- the forefront in promoting livability with her PRESIDENT MA OF TAIWAN plary public servant who is retiring as a teach- personal advocacy and investment. er at Red Mountain High School in Mesa. This was most apparent when she spear- In 1988, Pat launched a program at Red headed the rescue of 112 parks and commu- HON. JOHN J. DUNCAN, JR. Mountain through Reading Is Fundamental nity gardens in New York City when then OF TENNESSEE that promotes a love of reading for all ability Mayor Rudolph Giuliani threatened to auction IN THE HOUSE OF REPRESENTATIVES groups through fun and entertaining activities. these small gardens to the highest bidder for Wednesday, May 20, 2009 Pat’s commitment and deep passion for lit- redevelopment. Had Bette not stepped in, Mr. DUNCAN. Madam Speaker, President eracy encourages students of all reading lev- along with the Trust for Public Land and the Ma of Taiwan will celebrate the one-year anni- els to unlock the mystery that each book New York Restoration Project (NYRP), a great versary of his taking office on May 20th, 2009. holds. number of New Yorkers would have lost their In just one year, the Harvard-educated Presi- Fueled by Pat’s drive and determination, the sprawling parks and adored gardens. dent has accomplished so much to improve program flourished. The club currently consists New York Restoration Project was founded Taiwan’s standing on the world stage. of 1,800 teen members; representing more by Bette Midler in 1995 as the ‘‘conservancy The latest of these accomplishments is Tai- than half the student body. Members organize of forgotten places.’’ NYRP reclaims, restores wan’s acceptance as an official observer at an annual carnival, and produce year-round and revitalizes neglected parks, community the World Health Assembly that will take place reading displays, assemblies, and read-a- gardens and waterfronts throughout New York later this month in Geneva. The World Health thons. Every year, they collect over 2,500 City—focusing especially on underserved Assembly, which is part of the World Health books to distribute to their own high school neighborhoods. NYRP is also the lead non- Organization, will finally give Taiwan’s 23 mil- and in other areas of need. Since the school profit partner of Mayor Bloomberg’s PlaNYC lion citizens a voice at this forum. This is pos- opened in 1988, the club has given away $3 MillionTreesNYC, the most ambitious public- sible because of President Ma’s blossoming million in donated books. At the core of Club private initiative in the country, dedicated to relationship with mainland China. RIF are the one-on-one reading buddies that planting one million new trees in New York In April, officials from China and Taiwan work directly with 150 second graders at the City by 2017. participated in the Chiang-Chen Talks. The Salk Elementary School and the tutors who For 14 years, NYRP has recognized that the talks resulted in the signing of the following read to 1,375 children each week. challenges facing New York City’s natural en- agreements: (1) ‘‘Agreement on Joint Cross- Pat’s dedication has been recognized nu- vironment are significant. Dramatic increases Strait Crime-fighting and Mutual Judicial As- merous times over the years including national in population, shortage of green spaces, insuf- sistance’’ (2) the ‘‘Cross-Strait Financial Co- recognition in 1991 as President Bush Sr.’s ficient tree canopy, and unsatisfactory environ- operation Agreement’’ and (3) the ‘‘Supple- 432nd Point of Light and in 2000 as the recipi- mental education are some of the compelling mentary Agreement on Cross-Strait Air Trans- ents of President Clinton’s Student Service obstacles facing our great city, especially in port.’’ All of these agreements will result in im- Award. low-income neighborhoods. As a result of proved coordination between the Taiwan

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K20MY8.007 E20MYPT1 rfrederick on PROD1PC67 with REMARKS E1218 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2009 Straits neighbors in the areas of law enforce- Battalion will depart for Fort Bliss to train be- Awards from the John I. Crecco Foundation, ment, financial exchanges and travel. fore leaving for Iraq. as well as recognition from the New Jersey Among other successes, President Ma’s ad- The 203rd Military Police Battalion has pro- General Assembly, the Essex County Board of ministration was able to have Taiwan removed vided community service support to the Ath- Freeholders, and the New Jersey State Sen- from the Special 301 Watch List which is ens Retired Seniors Volunteer Program ate. maintained by the U.S. Trade Representative (RSVP) for more than a decade, specifically The job of a United States Congressman in- (USTR). The removal shows Taiwan’s commit- with the annual RSVP Picnic in the Park. volves much that is rewarding, yet nothing ment to preventing the importing and exporting Without their assistance, this special event for compares to being able to acknowledge great of illegally pirated materials such as DVD’s RSVP volunteers would not be possible. The Americans like Chief Joseph Intile. and CD’s. Picnic in the Park will be especially meaningful Madam Speaker, I ask that you join our col- Madam Speaker, I would like to call these this year as the 203rd prepares to deploy. leagues, Joseph’s family and friends, the accomplishments and the successful first year We enjoy our way of life and the freedoms members of the Bloomfield Fire Department, of President Ma’s administration to my col- we have because of groups like the 203rd all those who have been touched by him, and leagues and other readers of the RECORD. Military Police Battalion. Their years of sac- me in recognizing the outstanding contribu- rifice on both local and national levels serve f tions of Chief Joseph Intile to his profession as an extraordinary example of leadership for and his community. VETERANS EMPLOYMENT RIGHTS us all. REALIGNMENT ACT OF 2009 Madam Speaker, I wish to express my extreme gratitude for the 203rd Military Police f SPEECH OF Battalion’s service to my district and to honor HONORING DOS PUEBLOS HIGH HON. HARRY E. MITCHELL them as they leave home in defense of our SCHOOL ENGINEERING ACADEMY OF ARIZONA Nation. AND THEIR ROBOTICS TEAM, IN THE HOUSE OF REPRESENTATIVES f THE D’PENGUINEERS Tuesday, May 19, 2009 TRIBUTE TO JOSEPH INTILE Mr. MITCHELL. Mr. Speaker, I rise today in HON. LOIS CAPPS support of H.R. 1089, the Veterans Employ- HON. BILL PASCRELL JR. OF CALIFORNIA ment Rights Realignment Act of 2009. I thank OF NEW JERSEY Representative HERSETH SANDLIN of South Da- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES kota for her leadership on the issues of vet- Wednesday, May 20, 2009 Wednesday, May 20, 2009 eran employment and education, and I commend her for bringing this bill to the Floor Mr. PASCRELL. Madam Speaker, I would Mrs. CAPPS. Madam Speaker, it is with today. like to call to your attention the work of an out- great pride that I rise today to commend my Members of the Armed Forces—including standing individual, Chief Joseph Intile, who is constituents at the Dos Pueblos High School the National Guard and Reserves—serve our being recognized May 20, 2009 on the occa- Engineering Academy in Goleta, CA. nation with selflessness and courage. They sion of his retirement as Chief of the Bloom- After rigorous study of engineering, science, deserve our gratitude, and in these difficult field, NJ Fire Department, after thirty years of math and other subjects, thirty-two high school economic times, I believe that means we must dedicated service. seniors in this program came together to form redouble our efforts to ensure they have full It is only fitting that he be honored in this, a Robotics team called the D’Penguineers. and fair access to employment after their serv- the permanent record of the greatest democracy ever known, because he is the embodi- This group of talented students won two re- ice. gional competitions and competed last month H.R. 1089 will remove bureaucratic hurdles ment of the patriotism and community spirit that make our nation so great. in the International For Inspiration and Rec- for veterans in search of redress for discrimi- ognition of Science and Technology (FIRST) natory employment practices, and it will allo- Chief Intile joined the Bloomfield Fire De- partment on March 27, 1979 and since then Robotics Challenge in Atlanta, Georgia and cate new resources to the Office of Special won the coveted Motorola Quality Award Counsel—the federal investigative and pros- has brought much distinction to the department and to his position. Most notably, he which is given to the best-designed robot in ecutorial agency tasked with protecting federal the competition. employees from prohibited personnel prac- guided the Bloomfield Fire Department in be- tices. coming the first Fire Department in the north- In only six weeks, these impressive high In 1994, Congress put in place a strong set eastern United States to achieve international school students built a robot with the ability to 1 of employment protections for service mem- accreditation from the Center for Public Safety remove 40-inch diameter balls from a 6 ⁄2-foot bers and veterans in the Uniformed Services Excellence, Commission of Fire Accreditation. tall overpass, drive along a prescribed path, Employment and Reemployment Rights Act. Chief Intile is one of the most decorated and and maneuver the balls into position with each We need to enforce this law quickly and effi- honored Fire Chiefs in the State of New Jer- pass under or over the underpass on each ciently, and the Veterans Employment Rights sey. He holds a Masters of Administrative lap. Realignment Act of 2009 will help the Office of Science from Fairleigh Dickinson University Madam Speaker, the Dos Pueblos Engi- Special Counsel to do just that. and is a graduate of the National Fire Acad- neering Academy and the success of the I was proud to support H.R. 1089 when it emy in Emmitsburg, Maryland. D’Penguineers exemplifies what motivated stu- was considered by the House Committee on He is a member of several highly respected dents can do with support from their families, Veterans’ Affairs, and I am pleased to support professional organizations, such as the Na- teachers and community. this bill on the House floor today. I urge my tional Fire Protection Association, To build on the success of these students, colleagues to join me in voting for this impor- International Association of Fire Chiefs, Na- we must continue to prioritize science edu- tant legislation to protect service members and tional Society of Executive Fire Officers, Na- cation and funding, not only throughout the veterans from inappropriate employment prac- tional Fire Academy Alumni Association, New South and Central Coasts but across the tices. Jersey Career Fire Chiefs Association, and the country as well. New Jersey State Fire Chiefs Association as f With research performed by these students well as many others including my own Con- and others equally committed to the scientific TRIBUTE TO THE 203RD MILITARY gressional Public Safety Advisory Committee. POLICE BATTALION During his tenure in the Bloomfield Fire De- community, our country will lead the world with partment, Chief Intile achieved Executive Fire new solutions for clean energy and more effi- HON. PARKER GRIFFITH Officer status from the National Fire Academy cient technology. I am proud to represent these gifted high OF ALABAMA and Chief Fire Officer Designation from the school seniors, their dedicated instructors, and IN THE HOUSE OF REPRESENTATIVES Commission on Fire Officer Designation. He has attained Fire Official, Fire Inspector, and the entire Dos Pueblos High School commu- Wednesday, May 20, 2009 Incident Management Level 3 ranks from the nity in Congress. Mr. GRIFFITH. Madam Speaker, I rise today New Jersey Division of Criminal Justice. He I am sure this esteemed achievement is in- to recognize the 203rd Military Police Battalion has received five Live Saving Awards from the dicative of many further successes for these of Athens, Alabama. On June 21st, the 203rd Township of Bloomfield, three Public Safety intelligent young people.

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.022 E20MYPT1 rfrederick on PROD1PC67 with REMARKS May 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1219 PERSONAL EXPLANATION President Obama will by Presidential Procla- SMALL BUSINESS AID BILL mation, designate September as National HON. BETTY McCOLLUM Child Awareness Month so that the many HON. BETSY MARKEY OF MINNESOTA child-focused programs of the federal govern- OF COLORADO IN THE HOUSE OF REPRESENTATIVES ment might also be highlighted. IN THE HOUSE OF REPRESENTATIVES Wednesday, May 20, 2009 Most importantly, I commend the many local Wednesday, May 20, 2009 and national youth-serving organizations and Ms. MARKEY of Colorado. Madam Speaker, Ms. MCCOLLUM. Madam Speaker, on Mon- charities dedicated to the well-being of chil- I rise today to urge my colleagues to support day, May 18, 2009, I was excused from a se- dren across the nation and the world. ries of three rollcall votes. Had I been present, the Small Business Assistance in Debt Bill (Small Business AID Bill). The Small Business I would have voted ‘‘yea’’ on all three meas- f ures. AID Bill will expand the U.S. Small Business These measures were: H. Res. 300, a reso- INTRODUCING THE NATIONAL Administration (SBA) 504 loan program to be lution congratulating Camp Dudley YMCA of AMUSEMENT PARK RIDE SAFETY used to refinance conventional, non-SBA Westport, New York, on the occasion of its ACT OF 2009 loans. This bill will permit small business own- 125th anniversary, introduced by Mr. MCHUGH ers to access capital and tap into equity that of New York; S. 386, the Fraud Enforcement is locked in their commercial real estate due to and Recovery Act of 2009, as amended, intro- HON. EDWARD J. MARKEY the financial and banking crisis. Market condi- duced by Senator LEAHY of Vermont; and H. OF MASSACHUSETTS tions have changed and are making it harder Res. 442, a resolution recognizing the impor- for small businesses to gain access to capital IN THE HOUSE OF REPRESENTATIVES tance of the Child and Adult Care Food Pro- to continue investing in and expanding their gram and its positive effect on the lives of low Wednesday, May 20, 2009 businesses. My bill reduces risk to banks from income children and families, introduced by conventional, non-SBA loans on their balance Mr. MARKEY of Massachusetts. Madam Mr. GEORGE MILLER of California. sheets while simultaneously infusing cash into Speaker, Memorial Day is the beginning of the f the banking system. This change will not re- season when many American families take quire additional taxpayer support or an addi- SUPPORTING NATIONAL CHILD their children to our amusement parks for a tional Congressional allocation, since this pro- AWARENESS MONTH day of fun and sun. Most Americans, when gram is self-supporting. they enter an amusement park, believe that Many small businesses have been ham- SPEECH OF the rides at these parks are subject to over- strung by today’s economic conditions. Due to HON. KEN CALVERT sight by the nation’s top consumer safety changes in the banking industry’s ability and watchdog—the Consumer Product Safety OF CALIFORNIA willingness to lend, small businesses are Commission, CPSC. However, this is, unbe- IN THE HOUSE OF REPRESENTATIVES being squeezed out of capital markets. Banks, lievably, not the case. Since 1981, a ‘‘Roller like most Americans, have been forced to Monday, May 18, 2009 Coaster Loophole’’ has been carved out of the tighten their belts; and banks have had to limit Mr. CALVERT. Madam Speaker, I stand in Consumer Product Safety Act. access to capital. With a lack of available cap- strong support of House Resolution 438, a bi- This loophole is a dangerous gap in child ital, small businesses, the economic engine of partisan resolution which expresses the sense safety and injury prevention, and it is having America, are in crisis. Within the next year, of the U.S. House of Representatives that Na- serious consequences. Between 1987 and approximately $2.5 billion in commercial loans tional Child Awareness Month should be es- 2004, the CPSC reports that there were 3,400 will come due. Many banks will not be willing tablished in the month of September. amusement park ride-related accidents and or able to renew these loans for small busi- September is traditionally ‘‘back-to-school’’ deaths. This estimate is likely lower than the nesses, many whom will be unable to raise month, a time when families focus on pre- actual number of injuries, due to the CPSC’s the necessary financing to survive. Other paring children for the coming school year. lack of authority over fixed-site rides. small businesses are being forced to stay in Recognizing September as National Child It is time to act on the words of President loans that are higher than today’s current in- Awareness Month will heighten the American Obama when he called for us to, ‘‘do more to terest rates. Small businesses need another public’s attentiveness to the importance of our protect the American public—especially our means to refinance their loans to weather this children’s health, education, safety and char- nation’s children—from being harmed by un- financial storm and potentially expand through acter development through the ongoing efforts safe products.’’ new capital. By allowing SBA-backed lenders of the numerous organizations and individuals to extend financing small businesses will be It is time to put the safety of our children who help to protect and nurture them. With able to: acquire land, construct buildings, or first—it is time to close the Roller Coaster this resolution we express our support for a purchase equipment and collateralize fixed as- Loophole. month-long effort to recognize the importance sets, avoid prepayment penalties, financing of children in our society as they grown into Today, I am re-introducing the National fees, and other costs. Small businesses will responsible citizens. Amusement Park Safety Act, to restore safety receive these benefits while obtaining better It is widely recognized that a strong, sup- oversight to a largely unregulated industry and loan terms and lower interest rates for existing portive family unit is the most important factor protect our nation’s children. debt. in the well-being of a child. Unfortunately there A good way to illustrate how my bill works is no guarantee that every child will have a f may be helpful to my colleagues: Acme Com- support system to depend on. Thankfully there pany owns a building that an appraiser values PERSONAL EXPLANATION are many organizations that provide for the at $100,000. Acme owes $70,000 on the most disadvantaged children in communities building to their local bank. Due to the eco- across the country. Even children with solid HON. J. GRESHAM BARRETT nomic and financial crises bank regulators re- support systems benefit from youth-serving or- quire the bank to downgrade their loans with ganizations which enrich their lives through OF SOUTH CAROLINA Acme. The bank severely restricts or elimi- activities such as sports, the arts, philanthropy IN THE HOUSE OF REPRESENTATIVES nates Acme’s line of credit. The absence of and further education outside of the class- Wednesday, May 20, 2009 the line of credit causes a very real hardship, room. impacting Acme’s cash flow. With the inability I would like to extend my sincerest appre- Mr. BARRETT of South Carolina. Madam to manage cash, Acme is severely impacted ciation to the 69 bipartisan cosponsors and to Speaker, unfortunately I missed recorded and encounters problems with operating day- the gentlelady from Orange County, the lead votes on the House floor on Tuesday, May 19, to-day. While Acme has equity in their build- sponsor, LORETTA SANCHEZ, for her efforts on 2009. Had I been present, I would have voted ing, their bank cannot and would not allow behalf of this resolution. In addition I would ‘‘yea’’ on rollcall vote No. 270 (Motion to Sus- them to access this equity due to the down- like to extend a special thanks to the Edu- pend the rules and Agree to H.R. 1089), ‘‘nay’’ graded borrower status. With my bill, the SBA cation and Labor Committee for moving the on rollcall vote No. 271 (Motion to Suspend would be able to offer a new 504 loan to bill quickly. It is my hope that Senators FEIN- the Rules and Agree to S. 896), ‘‘yea’’ on roll- Acme for up to $40,000 (since the bill limits STEIN and BURR will quickly pass a companion call vote No. 272 (Motion to Suspend the lending up to 40% of the value of the prop- resolution in the Senate chamber and that Rules and Agree to H. Res. 360). erty). With this new load, Acme would be able

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.027 E20MYPT1 rfrederick on PROD1PC67 with REMARKS E1220 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2009 to unlock up to $20,000 worth of equity which tified in pediatrics and has been a member of ing the number of deaths on our Nation’s they could use to maintain the business, retain Children’s Primary Care Medical Group since roads as evidenced by current AASHTO pol- jobs, or purchase new equipment to help the 1996. icy positions and efforts to implement AASHTO’s Strategic Highway Safety Plan, business grow again. Dr. Cohen has been an active member of the San Diego County Medical Society and including the adoption by the Board of Di- There was very little immediate impact for rectors in December, 1997 and revised and up- small businesses from the American Recovery the California Medical Association since 1988 dated in December, 2004, a goal to reduce fa- and Reinvestment Act. Banks’ inability and and the American Medical Association since talities by half in 20 years; sometimes unwillingness to assist small busi- 1994. He has served on numerous commit- Whereas, According to the 2004 World Re- nesses will continue for some time and we tees as a CMA delegate, an AMA delegate, as port on Road Traffic Injury Prevention, must act now to help small businesses stay well as the SDCMS Board of Directors, Execu- 40,000 people on the United States and afloat. My bill assists small businesses by pro- tive and Finance Committees and the San 1,300,000 people globally die in road crashes Diego Physician magazine Editorial Board. Dr. each year; viding SBA guarantees for a portion of certain Whereas, Another 20,000,000 to 50,000,000 loans coordinated through Certified Develop- Cohen is also a member of numerous medical people globally are injured each year as a re- ment Companies (CDCs). These non-profit or- societies including the American Academy of sult of speeding motor vehicles and the in- ganizations work with local lenders to provide Pediatrics—San Diego Chapter and the Amer- creased use of motor vehicles; secure SBA-backed loans to small busi- ican Academy of Pediatrics. Whereas, Road crashes are the leading nesses. The SBA then guarantees a portion of Dr. Cohen is well respected by his peers as cause of death globally for young people be- the loan, reducing the risk to lenders and dra- evidenced by the fact he was selected as a tween the ages of 10 and 24 years; Whereas, The current estimated monetary matically increasing small businesses’ access San Diego ‘‘Top Doctor’’ for the last four years. On a personal note, I have benefited cost of motor vehicles crashes worldwide is to capital. Until this bill, CDC loans were only greater than $500,000,000,000 annually, rep- available for new businesses or business ex- immensely from Dr. Cohen’s wise counsel on resenting between 3 and 5 percent of the pansion; but with this bill these loans would be how to craft effective health care policy for all gross domestic product of each nation; available to refinance existing debt. By refi- San Diegans. Whereas, According to the World Health nancing small businesses will continue to be Let history show that this year will be the Organization, over 90 percent of motorist-re- current on their existing loans with SBA lend- year Congress makes progress on health related deaths occur in low- and middle-income countries; ers. The lack of access to working capital de- form. Americans are demanding we put partisan differences aside and devise a health Whereas, According the World Health Or- presses small businesses, resulting in a cor- ganization, motorist related deaths and cost responding increase in unemployment rates. care system that covers all Americans, puts continue to rise in these countries due to a In today’s economy, small businesses are patients first and ensures the highest quality. lack of appropriate road engineering and in- struggling. My bill assists small businesses to With influential leaders such as Dr. Stuart jury prevention programs in public health pull themselves up without any government Cohen leading the fight, I feel confident Con- sectors; handout or bailout. They will be able to refi- gress will craft sensible health care policy. Whereas, The United States, United Na- nance their current debt so that they can in- f tions, and international community should promote the improvement of data collection vest in new facilities, equipment, or hire addi- AMERICAN ASSOCIATION OF and comparability, including adopting the tional workers. I urge all members to support STATE HIGHWAY TRANSPOR- standard definition of a road death as ‘‘any the Small Business AID Bill. TATION OFFICIALS person killed immediately or dying within 30 f days as a result of a road traffic crash’’ and the facilitation of international cooperation CONGRATULATING DR. STUART HON. ROBERT WEXLER to develop reliable data systems and analyt- COHEN ON HIS PRESIDENTIAL OF FLORIDA ical capability; TERM OF THE SAN DIEGO COUN- IN THE HOUSE OF REPRESENTATIVES Whereas, It is critical that the inter- TY MEDICAL SOCIETY Wednesday, May 20, 2009 national community support collaborative action to enhance global road safety and re- Mr. WEXLER. Madam Speaker, as cochair duce the risk of road crash death and injury HON. BRIAN P. BILBRAY of the Congressional Caucus on Global Road around the world by fostering partnerships OF CALIFORNIA Safety, I would like to extend my appreciation and cooperation between governments, pri- IN THE HOUSE OF REPRESENTATIVES and sincerest thanks to the Board of Directors vate and public sectors, professional associations, and within civil society, as well as re- Wednesday, May 20, 2009 of the American Association of State Highway Transportation Officials (AASHTO), who relationships among the Federal Highway Ad- Mr. BILBRAY. Madam Speaker, today I rise cently passed a policy resolution in support of ministration, the National Highway Traffic Safety Administration and other national to congratulate Dr. Stuart Cohen on his term House Concurrent Resolution 74, a resolution as the 138th President of the San Diego and international road safety authorities; introduced by myself and my fellow Caucus Whereas, The United Nations General As- County Medical Society (SDCMS). As America cochairs, Congressman CHRIS VAN HOLLEN sembly adopted a resolution in 2005 desig- faces the difficult challenges of addressing and Congressman DAN BURTON, supporting nating the third Sunday of November as a health care reform, it is reassuring that there the goals and ideals of a decade of action for day of remembrance for road crash victims are leaders like Dr. Cohen in positions of influ- road safety with a global target to reduce by and their families and calling on nations ence to help our nation craft policies that will 50 percent the predicted increase in global globally to improve road safety; Whereas, The United States Congress bring quality and accessible health care to all road deaths between 2010 and 2020 and urg- Americans. passed H. Con. Res. 87, as well as S. Con. Res. ing the Obama administration to take a leader- 39 in the 110th Congress supporting the goals The San Diego County Medical Society, ship role at the First Ministerial Conference on and ideals of a world day of remembrance for representing over 8,000 physicians in San Road Safety in Moscow later this year. road crash victims; Diego County, is a non-profit organization My fellow cochairs and I believe it is critical Whereas, The United Nations General As- founded in 1870. SDCMS is chartered by the that the United States work with nations sembly adopted a resolution in 2008 high- California Medical Association and affiliated around the world to achieve the goals and lighting the impact global road safety issues, with the American Medical Association (AMA). ideals of a decade of action for road safety encouraging nations to take action to reduce The mission of SDCMS is to promote the and to reduce the impact of this health epi- road crash risks across the world and cre- science and art of medicine, the quality care ating the first global high-level conference demic on the global community, and I sin- on road safety in Moscow in November 2009; and wellbeing of patients, the protection of the cerely appreciate AASHTO’s support for this Whereas, The Ministerial Consultive Com- public health, the betterment of the medical resolution and for their efforts to work with the mittee of the First Global Ministerial Con- profession, and the adjudication of ethical rela- Global Road Safety Caucus to educate Mem- ference on Road Safety on Moscow has draft- tions to its members, as well as the provision bers of Congress on the issue of road safety. ed a declaration to designate 2010–2020 as the of education to its members in scientific, so- To that end, I encourage all of my colleagues ‘‘Decade of Action for Global Road Safety’’; cial, legal, and medico-economic aspects of to review the text of AASHTO’s resolution, now, therefore be it medical practice. Resolved, By the American Association of which I am including in the CONGRESSIONAL State Highway and Transportation Officials Dr. Cohen received his medical degree in RECORD. that AASHTO supports the goals and ideals 1981 from the University of Manitoba and POLICY RESOLUTION PR–2–09 SUPPORTING of a decade of action for global road safety served his internship and residency at the HOUSE CONCURRENT RESOLUTION 74 with a global target to reduce by 50 percent Health Sciences Center at Children’s Hospital Whereas, AASHTO and its members de- the predicted increase in global road deaths in Winnipeg, Canada. Dr. Cohen is board cer- partments remain fully committed to reduc- between 2010 and 2020; be it further

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.031 E20MYPT1 rfrederick on PROD1PC67 with REMARKS May 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1221 Resolved, AASHTO encourages inter- However, the federal courts have no legiti- A PROCLAMATION HONORING RON national harmonization of road safety regu- mate authority to tell states and local commu- VANVOORHIS, TEACHER AT EAST lations and good practices through accession nities what restrictions can and cannot be MUSKINGUM MIDDLE SCHOOL, to and implementation of related United Na- FOR GIVING STUDENTS THE OP- tions legal instruments, resolutions, and placed on abortion. Even some intellectually manuals issued by the United Nations Road honest supporters of legalized abortion ac- PORTUNITY TO EXPERIENCE Safety Collaboration; and finally be it knowledge that Roe v. Wade was incorrectly WASHINGTON, DC FOR 30 YEARS Resolved, AASHTO encourages the United decided. Congress must use the authority States to take a leadership role at the First HON. ZACHARY T. SPACE Ministerial Conference on Road Safety and granted to it in Article 3, Section 1 of the Con- OF OHIO for the United States to work with nations stitution to rein in rogue federal judges from around the world to achieve the goals and interfering with a state’s ability to protect un- IN THE HOUSE OF REPRESENTATIVES ideals of a decade of action for road safety born life. Wednesday, May 20, 2009 and to reduce the impact of this health epi- demic on the global community. Madam Speaker, it is my hope that my col- Mr. SPACE. Madam Speaker: leagues will join me in support of using the Whereas, Ron VanVoorhis, initiated East f power granted to the Congress by the Con- Muskingum Middle School’s annual trips to PRESIDENT MA OF TAIWAN stitution to protect the ability of individual Washington, D.C.; and states and the people to restore respect for Whereas, Mr. VanVoorhis has been respon- HON. CHARLES B. RANGEL the sanctity of human life. sible for close to 4,000 students being able to OF NEW YORK see and experience Washington, D.C.; and IN THE HOUSE OF REPRESENTATIVES f Whereas, Mr. VanVoorhis has consistently Wednesday, May 20, 2009 attended each trip, missing only one year for FAA REAUTHORIZATION the birth of his daughter; and Mr. RANGEL. Madam Speaker, I rise today Whereas, Mr. VanVoorhis has provided this to comment on the remarkable achievements service without stipend and consistently at of the government of Taiwan in moving for- HON. BETSY MARKEY very low cost, saving each student an average ward a new era of peace in the Pacific. of $100 per trip; now, therefore, be it One year ago, the new President of Taiwan OF COLORADO Resolved, that along with his friends, family, took office amid increasing tensions between IN THE HOUSE OF REPRESENTATIVES and the residents of the 18th Congressional China and Taiwan. Today, because of the ini- District, I commend Mr. Ron VanVoorhis on tiatives of President Ma ying jo, Cross Straits Wednesday, May 20, 2009 his service to the East Muskingum Middle relations have improved to such an extent that School, and congratulate him on his 30 years Ms. MARKEY of Colorado. Madam Speaker, they have now produced a series of agree- of service in bringing the students of EMMS to ments to enhance mutual cooperation be- I would like to state for the record that had I Washington, D.C. to give them a better idea of tween Taiwan and China. been present for the vote on H.R. 915, I would what it means to be an American citizen. For too long Taiwan, opposed by China, has have voted in favor of the FAA reauthorization. f been excluded from the World Health Organi- As my daughter and son are graduating from zation. As a result of the conciliatory efforts of college and high school, respectively, I am un- IN HONOR OF THE 15TH ANNIVER- President Ma and the recognition by authori- able to be present for the vote. As a member SARY OF THE NOVA-ANNANDALE ties in China of the need to have Taiwan rep- of the Transportation and Infrastructure Com- SYMPHONY ORCHESTRA AND IN resented, Taiwan now has achieved status by mittee, I was proud to approve the FAA Reau- RECOGNITION OF THE 2009 the World Health Assembly. Good work Presi- thorization Act of 2009 in our committee. AWARDS RECIPIENTS dent Ma. With the new health crisis the world faces with Swine Flu, politics must not impede Being from Colorado, I fly in and out of Den- HON. GERALD E. CONNOLLY mutual cooperation in combating this dreadful ver International Airport. Denver has struggled OF VIRGINIA problem. recently with a dearth of properly trained air IN THE HOUSE OF REPRESENTATIVES Increased communications, charter flights traffic controllers. Denver TRACON is strug- and postal agreements negotiated through the gling with staffing problems because of: retire- Tuesday, May 19, 2009 initiatives promoted by President Ma in his first ments, resignations, trainee failures and an in- Mr. CONNOLLY of Virginia. Madam Speak- year in office have lessened tensions to the ability to recruit and retain both the experi- er, I rise today to congratulate the NOVA-An- extent that day to day contacts have replaced enced veteran workforce and high quality nandale Symphony Orchestra on the occasion confrontation. trainees that have the ability to succeed in the of their 15th Anniversary and to pay tribute to It is in the interest of the United States that training program. Air traffic controllers are re- their 2009 Award Recipients. this progress, which we understand is the hall- In 1994, Dr. Claiborne Richardson of The mark of President Ma, continue. Peace in the quired to retire by age 56, and of late, 98 percent of controllers have retired before that age Reunion Music Society and Dr. Gladys Wat- Pacific is an essential ingredient of world kins of the Northern Virginia Community Col- progress. because their salaries are not competitive. I am pleased that H.R. 915 addresses the me- lege formed a partnership between the two or- Good luck Mr. President. May the suc- ganizations to create the NOVA-Annandale diation issues between the National Air Traffic cesses of your first year in office be the fore- Symphony Orchestra. This orchestra com- Controllers Association and the FAA. runner of many years to come. bines the talents of local professional and f Additionally, the inclusion of funding to ac- amateur musicians and college students to de- INTRODUCING THE SANCTITY OF celerate the implementation of the NextGen velop their skills and to perform the music of LIFE ACT system is critical. It is important that we seize different cultures and heritages. On April 17, any opportunity that we have to make our air- 2009 during the NOVA-Annandale Symphony HON. RON PAUL ways not only safer but also more efficient. Orchestra’s 15th Anniversary celebration, The Reunion Music Society announced the award OF TEXAS I am also pleased to see that the bill in- recipients in two special categories: The Rich- IN THE HOUSE OF REPRESENTATIVES creases funding for Essential Air Service. ardson-Watkins Founders Awards, which rec- Coming from a rural district, I understand how Wednesday, May 20, 2009 ognize persons or businesses from the com- Mr. PAUL. Madam Speaker, I rise today to critical EAS is to economic development. munity that have made significant contribu- support the Sanctity of Life Act. This legisla- Rural communities across America count on tions to the success of the Reunion Music So- tion provides that the federal courts of the EAS to preserve affordable, reliable air serv- ciety’s programs, and The Orchestra/Players United States, up to and including the Su- ice. The EAS program is a major piece of our Awards, which are given to musicians who preme Court, do not have jurisdiction to hear rural transportation infrastructure and greatly have made significant contributions to the suc- abortion-related cases. Since the Supreme enhances the ability of these communities to cess and development of the Symphony over Court invented a ‘‘right’’ to abortion in Roe v. attract and retain new business investment. I several years and are selected by their peers Wade, federal judges have repeatedly thwart- support continued efforts to maintain this vital in the orchestra. ed efforts by democratically elected officials at program and urge my colleagues to support The recipients of The Richardson-Watkins the state and local level to protect the unborn. this legislation. Founders Awards are:

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.033 E20MYPT1 rfrederick on PROD1PC67 with REMARKS E1222 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2009 Annandale Florist, Inc. and Mr. Gary longtime partner and collaborator, has said cently, he received the Patient Advocacy Sherfey for many years of providing com- that Rodger ‘‘did more for the gay world than Award from the American Psychiatric Associa- plimentary flower arrangements displayed on any person has ever done.’’ Rodger was at tion. the theater stage at the Symphony Orchestra the forefront of responding to the AIDS epi- Beyond his professional contributions, concerts and for helping to promote concerts demic as it began to ravage our country in the friends knew Rodger as a devoted caregiver through displays at the florist shop. early 1980’s. Before HIV even had a name, in who nursed countless friends and family mem- Mr. Norman Johnston, a long-time volunteer 1981, Rodger set up the first HIV/AIDS hotline bers battling cancer and AIDS. He was the and one of the founding members of the RMS, anywhere; in fact, he used his home phone. most compassionate and giving of friends, es- who served on the Board of Directors for Rodger, one of the original volunteers at Gay pecially to those in physical or emotional dis- many years. He continues to support the Sym- Men’s Health Crisis, the nation’s first and larg- tress. A hallmark of his personality, his humor phony Orchestra by serving as the organiza- est provider of AIDS client services and public made him stand out from the rest. tion’s graphic artist as well as providing signifi- education programs, became its first paid ex- Please join me in paying tribute to the life of cant financial support both personally and ecutive director. Until his death, Rodger was Rodger McFarlane, a constituent of mine, who through the solicitation of paid advertising. the president emeritus of Bailey House, the was a tireless activist, a brilliant strategist, a Dr. Bruce Mann, Dean of Liberal Arts at nation’s first and largest provider of supportive remarkable leader, and a treasured friend. A Northern Virginia Community College’s Annan- housing for homeless people with HIV. Rodger man who achieved so much in such a short dale campus, who serves as the college’s liai- was also a founding member of ACT UP–NY, time, Rodger will be missed by many. Denver son to the RMS. He oversees the music the pioneering protest group responsible for is better for the time he spent there. Our world courses that involve college students and sweeping changes to public policy as well as is better for the time he spent here. members of the Symphony Orchestra and co- drug treatment and delivery processes. f ordinates the scheduling of concerts and re- In 1989, Rodger became executive director hearsals. In addition, he successfully solicits of Broadway Cares/Equity Fights AIDS, merg- 125TH ANNIVERSARY OF OAKWOOD and obtains financial resources for concerts. ing two small industry-based fundraising CEMETERY IN MT. VERNON, ILLI- Dr. Mann is presently serving his fourth year groups into one of America’s most successful NOIS on RMS’ Board of Directors. and influential AIDS fundraising and grant- The recipients of The Orchestra/Players making organizations. From 2004 to 2008, HON. JOHN SHIMKUS Awards are: Rodger served as the executive director of the OF ILLINOIS Mr. Claiborne T. Richardson II: For the last Denver-based Gill Foundation, one of the na- IN THE HOUSE OF REPRESENTATIVES 15 years ‘‘Clai’’ has generously contributed his tion’s largest funders of programs advocating Wednesday, May 20, 2009 time and talent to the Symphony Orchestra for LGBT equality. Rodger was instrumental in helping it to grow and thrive. As the orches- the creation of the Gill Foundation’s sister or- Mr. SHIMKUS. Madam Speaker, I rise today tra’s percussion and timpani section leader he ganization, Gill Action. to note the 125th anniversary of Oakwood leads and teaches his section, which is com- Rodger took three organizations in their in- Cemetery in Mt. Vernon, Illinois. posed of many budding musicians, while en- fancy and grew each into a powerhouse to Since Oakwood’s formal recognition in couraging and promoting the works of new tackle the international tragedy of HIV/AIDS. 1883, concerned local citizens have worked young composers. Clai is a mainstay musician At Gay Men’s Health Crisis, Rodger increased tirelessly to ensure that those in the commu- with the other RMS programs—the Annandale fundraising from a few thousand dollars to the nity who have left this life have a peaceful and Brass, Reunion Music Society Jazz Orchestra, $25 million agency it is today. During his ten- dignified final resting place. This Memorial and the Chris Johnston Trio. ure at Broadway Cares/Equity Fights AIDS, he Day, the hard-working staff, which does so Ms. Jody Smalley: Jody has been playing increased the organization’s annual revenue much to maintain Oakwood, will welcome area the violin with the Symphony Orchestra since from less than $1 million to more than $5 mil- residents to the annual Memorial Day Week- it was formed 15 years ago. As vice president lion, while also leveraging an additional $40 end Drive-Thru. Local citizens can visit the of the Orchestra’s Board of Directors, Jody ar- million annually through strategic alliances resting places of such prominent citizens as ranges for guest musicians to rehearse and with other funders and corporate partnerships. the city’s first mayor, James Pace, Civil War perform with the Orchestra. Her production of He transformed the Gill Foundation by sharp- Generals C.W. Pavey and W.B. Anderson, CD’s of music to assist other musicians with ening its strategic purpose, focusing its philan- and Illinois Governor L.L. Emmerson. their individual practices and the Power Point thropy in the states, aligning its investment Over the decades, local residents have put presentation she prepares to accompany the with political imperatives, and forging alliances great efforts in creating a beautiful and serene annual ‘‘Winter Wonderland’’ program helps to that furthered both the LGBT movement and final resting place. According to its official his- ensure the high quality of the performances. the progressive movement as a whole. tory, the cemetery has over 9,000 markers Madam Speaker, I ask my colleagues to join The breadth of Rodger’s accomplishments spread along five miles of roads. The me in congratulating the NOVA-Annandale is astounding. A proud U.S. Navy veteran, groundskeepers mow an average of 35 times Symphony Orchestra on their 15th Anniver- Rodger was a licensed nuclear engineer who per year, totaling 1,600 acres. sary and paying tribute to the recipients of The conducted strategic missions in the North At- I want to salute the board members and Richardson-Watkins Founder’s Awards and of lantic and far Arctic regions aboard a fast at- staff members, past and present, of the Oak- the Orchestra/Player Awards. tack submarine. A gifted athlete, he was a vet- wood Cemetery in Mt. Vernon, Illinois, for the f eran of seven over-ice expeditions to the important work that they have done for 125 TRIBUTE TO RODGER MCFARLANE, North Pole. He also competed internationally years. PIONEER IN THE LGBT CIVIL for many years as an elite tri-athlete. f Although Rodger never completed college, RIGHTS AND HIV/AIDS MOVE- THE MEDICAL RIGHTS ACT OF 2009, MENTS he was an accomplished and best-selling author and producer of works for the stage. H.R. 2516 Rodger co-wrote several books, including The HON. DIANA DeGETTE Complete Bedside Companion: No Nonsense OF COLORADO HON. MARK STEVEN KIRK Advice on Caring for the Seriously Ill (Simon OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES & Schuster, 1998), and most recently, Larry IN THE HOUSE OF REPRESENTATIVES Wednesday, May 20, 2009 Kramer’s The Tragedy of Today’s Gays (Pen- Wednesday, May 20, 2009 Ms. DEGETTE. Madam Speaker, I rise to guin, 2005). In 1993, he co-produced the Pul- honor the extraordinary life and accomplish- itzer Prize-nominated production of Larry Kra- Mr. KIRK. Madam Speaker, I am pleased to ments of Rodger McFarlane. A pioneer and mers The Destiny of Me, the sequel to The stand here today to introduce the Medical legend in the lesbian, gay, bisexual and Normal Heart. Rights Act of 2009 that will protect the doctor- transgender (LGBT) civil rights and HIV/AIDS Rodger’s many achievements led to well-de- patient relationship, the integrity of the medical movements, this remarkable man merits our served awards; he was recognized with hon- profession and the right of Americans to recognition and our esteem for his unprece- ors such as the New York City Distinguished choose the care they deem appropriate with- dented contributions to our nation and to the Service Award, the Presidential Voluntary Ac- out federal delay or restriction. world. tion Award, the Eleanor Roosevelt Award, the The President outlined three principles for Sadly, Rodger was taken from us far too Emery Award from the Hetrick Martin Institute, health care reform—lower costs, choice and young, at age 54. Larry Kramer, Rodger’s and Tony and Drama Desk honors. Most re- access. I support these goals. To back them,

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K20MY8.010 E20MYPT1 rfrederick on PROD1PC67 with REMARKS May 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1223 the President should endorse the Medical IN RECOGNITION OF THE SUPPORTING NATIONAL CHILD Rights Act. Our legislation is founded on this: PRINCETON PUBLIC LIBRARY AWARENESS MONTH Congress should make no law to block the decisions that American patients make with their SPEECH OF doctor. If patients are our prime focus, their HON. DEBORAH L. HALVORSON HON. DARRELL E. ISSA rights should be protected in law. OF ILLINOIS OF CALIFORNIA We can look to Great Britain and Canada to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES show us how government takeover of health Monday, May 18, 2009 care puts Congress, then the government in Wednesday, May 20, 2009 charge of your health care decisions, allowing Mr. ISSA. Madam Speaker, today I rise in them to decide what treatments you should or Mrs. HALVORSON. Madam Speaker, today support of H. Res. 438, ‘‘Expressing support should not have. While over 60 percent of I rise to recognize the Princeton Public Library for designation of September as ‘National Americans are actually satisfied with their in Bureau County, Illinois. The Princeton Pub- Child Awareness Month.’ ’’ This bipartisan res- health care plan, only 55 percent of Canadian lic Library was recently the host of ‘‘Between olution sponsored by Rep. LORETTA SANCHEZ seniors are satisfied. The starkest difference in Fences,’’ an exhibition from Museum on Main (D–CA–47) and cosponsored by me, would care appears when you are sickest. In Britain, Street, a partnership of the Smithsonian Insti- recognize the efforts of our community leaders government hospitals maintain nine intensive tution Traveling Exhibition Service and the as they participate in growing the hopes and dreams of our children; the future of our Na- care unit beds per 100,000 people. In Amer- Federation of State Humanities Councils. The tion. ica, we have three times that number at 31 Princeton Public Library is only one of two Illi- per 100,000. In sum, Britain has less than two September, a month characterized by the nois libraries that have been granted the op- doctors per 1,000 people, ranking it next to return to school, signifies the start of the new portunity to host this exhibit. Mexico and Turkey. school year. All around the country, corpora- The exhibit embraces the use and existence tions and businesses gear-up to highlight our If we do not enact the Medical Rights Act, youth and support children’s charities and patients will be at risk when government de- of fences as an important facet of United youth serving organizations. Declaring Sep- nies care, as they routinely do in Canada and States history. Fences are indicative of the owners lives, their property, and their relation- tember as National Child Awareness Month Great Britain. Once denied government care, will provide an excellent collaborative platform ship with their neighbors. For this reason, the many Canadians find doctors in the U.S. If for these charitable groups to bring national Smithsonian Institution and State Humanities Congress orders the government to take over attention to issues of vital concern to our chil- America’s health care, where can we drive Councils chose to highlight fences as an inte- dren such as education, health, social serv- once care is denied by a new government gral part of the fabric of communities through ices, sports, arts, and character development. health care system? To prevent this night- history. H. Res. 438 would recognize these efforts mare, Congress should pass the Medical The mission of the Museum on Main Street as a positive investment for the future of our Rights Act. project is to respond creatively to the chal- Nation. National Child Awareness Month is We need to promote patient-centered health lenge faced by rural museums to enhance supported by many regional and national care reform, where every American has ac- their own cultural legacies. Princeton, a com- youth organizations among which are the cess to the care they need, when they need Make-A-Wish Foundation and Big Brothers Big munity of just under 8,000 residents, is thrilled it. It is not the role of the federal government Sisters program. to feature ‘‘Between Fences’’ and I am hon- to decide the type of care a patient should Madam Speaker, I applaud my colleagues ored to represent them. have but the role of doctors and medical pro- in recognizing the efforts those children’s char- fessionals. I urge my colleagues to support the ities and youth serving organizations have put Medical Rights Act to stop the federal govern- forth and also honor children for their wide- ment from taking control over decisions made spread participation in these groups. by you and your doctor.

VerDate Nov 24 2008 05:50 May 21, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.038 E20MYPT1 rfrederick on PROD1PC67 with REMARKS E1224 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 2009 SENATE COMMITTEE MEETINGS on Monday and Wednesday of each 2010 and the Future Years Defense Pro- Title IV of Senate Resolution 4, week. gram for the Department of the Navy; agreed to by the Senate on February 4, Meetings scheduled for Thursday, to be possibly followed by a closed session in SVC–217. 1977, calls for establishment of a sys- May 21, 2009 may be found in the Daily SH–216 tem for a computerized schedule of all Digest of today’s RECORD. meetings and hearings of Senate com- JUNE 10 mittees, subcommittees, joint commit- MEETINGS SCHEDULED 9:30 a.m. tees, and committees of conference. JUNE 2 Veterans’ Affairs This title requires all such committees To hold an oversight hearing to examine 10 a.m. to notify the Office of the Senate Daily the Department of Veterans Affairs’ Digest—designated by the Rules Com- Environment and Public Works To hold hearings to examine the nomina- construction process. mittee—of the time, place, and purpose SR–418 of the meetings, when scheduled, and tion of Victor M. Mendez, of Arizona, to be Administrator of the Federal any cancellations or changes in the Highway Administration. JUNE 24 meetings as they occur. SD–406 9:30 a.m. As an additional procedure along Veterans’ Affairs with the computerization of this infor- JUNE 4 To hold an oversight hearing to examine mation, the Office of the Senate Daily 9:30 a.m. the Department of Veterans Affairs Digest will prepare this information for Armed Services quality management activities. printing in the Extensions of Remarks To hold hearings to examine the Defense SR–418 section of the CONGRESSIONAL RECORD Authorization request for fiscal year

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HIGHLIGHTS Senate agreed to the conference report to accompany H.R. 454, Weapon Systems Acquisition Reform Act. Senate October 30, 2009, for nuclear weapons program Chamber Action workers, and the resolution was then agreed to. Routine Proceedings, pages S5649–S5766 Page S5766 Measures Introduced: Thirty-four bills were intro- Measures Considered: duced, as follows: S. 1081–1114. Pages S5699–S5701 Supplemental Appropriations Act: Senate contin- Measures Reported: ued consideration of H.R. 2346, making supple- H.R. 663, to designate the facility of the United mental appropriations for the fiscal year ending Sep- States Postal Service located at 12877 Broad Street tember 30, 2009, taking action on the following in Sparta, Georgia, as the ‘‘Yvonne Ingram-Ephraim amendments proposed thereto: Post Office Building’’. Adopted: H.R. 918, to designate the facility of the United By 90 yeas to 6 nays (Vote No. 196), Inouye/ States Postal Service located at 300 East 3rd Street Inhofe Amendment No. 1133, to prohibit funding in Jamestown, New York, as the ‘‘Stan Lundine Post to transfer, release, or incarcerate detainees detained Office Building’’. at Guantanamo Bay, Cuba, to or within the United H.R. 1284, to designate the facility of the United States. Pages S5650–58, S5663 States Postal Service located at 103 West Main By 92 yeas to 3 nays (Vote No. 198), McConnell Street in McLain, Mississippi, as the ‘‘Major Ed W. Modified Amendment No. 1136, to limit the release Freeman Post Office’’. of detainees at Naval Station Guantanamo Bay, H.R. 1595, to designate the facility of the United Cuba, pending a report on the prisoner population States Postal Service located at 3245 Latta Road in at the detention facility at Naval Station Guanta- Rochester, New York, as the ‘‘Brian K. Schramm namo Bay. Pages S5650, S5681, S5685–87 Post Office Building’’. Page S5699 By a unanimous vote of 94 yeas (Vote No. 199), Brownback Modified Amendment No. 1140, to ex- Measures Passed: press the sense of the Senate on consultation with Women Airforce Service Pilots Congressional State and local governments in the transfer to the Gold Medal: Committee on Banking, Housing, and United States of detainees at Naval Station Guanta- Urban Affairs was discharged from further consider- namo Bay, Cuba. Pages S5650, S5667–69, S5687 ation of S. 614, to award a Congressional Gold Withdrawn: Medal to the Women Airforce Service Pilots Durbin Amendment No. 1199 (to Amendment (’’WASP’’), and the bill was then passed, after agree- No. 1136), of a perfecting nature. Page S5683 ing to the following amendment proposed thereto: Pending: Pages S5765–66 Cornyn Amendment No. 1139, to express the Reid (for Hutchison) Amendment No. 1200, of a sense of the Senate that the interrogators, attorneys, perfecting nature. Page S5765 and lawmakers who tried in good faith to protect Nuclear Weapons Program Workers National the United States and abide by the law should not Day of Remembrance: Committee on the Judiciary be prosecuted or otherwise sanctioned. Page S5650 was discharged from further consideration of S. Res. Chambliss Amendment No. 1144, to protect the 151, designating a national day of remembrance on national security of the United States by limiting the immigration rights of individuals detained by D587

VerDate Nov 24 2008 07:01 May 21, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20MY9.REC D20MYPT1 rfrederick on PROD1PC67 with DIGEST D588 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 2009 the Department of Defense at Guantanamo Bay ations in Iraq in a manner consistent with the Naval Base. Pages S5658–66 United States-Iraq Status of Forces Agreement. Isakson Amendment No. 1164, to amend the In- Pages S5689–90 ternal Revenue Code of 1986 to expand the applica- Merkley (for DeMint) Amendment No. 1138, to tion of the homebuyer credit. Pages S5666–67 strike the provisions relating to increased funding for Corker Amendment No. 1173, to provide for the the International Monetary Fund. Page S5690 development of objectives for the United States with Bennet/Casey Amendment No. 1167, to require respect to Afghanistan and Pakistan. Page S5669 the exclusion of combat pay from income for pur- Lieberman Amendment No. 1156, to increase the poses of determining eligibility for child nutrition authorized end strength for active duty personnel of programs and the special supplemental nutrition the Army. Pages S5669–73 program for women, infants, and children. Graham (for Lieberman) Amendment No. 1157, Page S5691 to provide that certain photographic records relating Reid Amendment No. 1201 (to Amendment No. to the treatment of any individual engaged, cap- 1167), to change the enactment date. Page S5691 tured, or detained after September 11, 2001, by the A unanimous-consent-time agreement was reached Armed Forces of the United States in operations out- providing for further consideration of the bill at 9 side the United States shall not be subject to disclo- a.m., on Thursday, May 21, 2009, and that the time sure under section 552 of title 5, United States Code until 10 a.m., be equally divided and controlled for (commonly referred to as the Freedom of Information debate only between the two Leaders, or their des- Act). Pages S5673–74 ignees; provided that at 10 a.m., Senate vote on the Kyl/Lieberman Amendment No. 1147, to prohibit motion to invoke cloture thereon; provided further, funds made available for the Strategic Petroleum Re- that the filing deadline for second-degree amend- serve to be made available to any person that has en- ments be 9:30 a.m., on Thursday, May 21, 2009. gaged in certain activities with respect to the Islamic Page S5766 Republic of Iran. Pages S5674–75 Conference Reports: Brown Amendment No. 1161, to require the Weapon Systems Acquisition Reform Act—Con- United States Executive Director of the International ference Report: By a unanimous vote of 95 yeas Monetary Fund to oppose loans and other programs (Vote No. 197), Senate agreed to the conference re- of the Fund that do not exempt certain spending by port to accompany S. 454, to improve the organiza- the governments of heavily indebted poor countries tion and procedures of the Department of Defense from certain budget caps and restraints. Page S5675 for the acquisition of major weapon systems. McCain Amendment No. 1188, to make available Pages S5683–85 from funds appropriated by title XI an additional $42,500,000 for assistance for Georgia. Signing Authority—Agreement: A unanimous- Pages S5675–76 consent agreement was reached providing that on Lincoln Amendment No. 1181, to amend the Wednesday, May 20, 2009, the Majority Leader, be Federal Deposit Insurance Act with respect to the authorized to sign duly enrolled bills or joint resolutions. Page S5649 extension of certain limitations. Pages S5676–77 Risch Amendment No. 1143, to appropriate, with Message from the President: Senate received the an offset, an additional $2,000,000,000 for National following message from the President of the United Guard and Reserve Equipment. Page S5677 States: Kaufman Modified Amendment No. 1179, to en- Transmitting, pursuant to law, a report on the sure that civilian personnel assigned to serve in Af- continuation of the national emergency that was ghanistan receive civilian-military coordination train- originally declared in Executive Order 13303 of May ing that focuses on counterinsurgency and stability 22, 2003, with respect to the stabilization of Iraq; operations. Pages S5677–79, S5690 which was referred to the Committee on Banking, Leahy/Kerry Amendment No. 1191, to provide for Housing, and Urban Affairs. (PM–20) Pages S5695–96 consultation and reports to Congress regarding the Nominations Confirmed: Senate confirmed the fol- International Monetary Fund. Pages S5688–89 lowing nominations: Hutchison Amendment No. 1189, to protect auto David J. Hayes, of Virginia, to be Deputy Sec- dealers. Pages S5680–81, 5689 retary of the Interior. Merkley/Whitehouse Amendment No. 1185, to Ines R. Triay, of New Mexico, to be an Assistant express the sense of the Senate on the use by the De- Secretary of Energy (Environmental Management). partment of Defense of funds in the Act for oper- Page S5765

VerDate Nov 24 2008 07:01 May 21, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D20MY9.REC D20MYPT1 rfrederick on PROD1PC67 with DIGEST May 20, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D589 Nominations Received: Senate received the fol- APPROPRIATIONS: FOREST SERVICE lowing nominations: Committee on Appropriations: Subcommittee on Inte- Bartholomew Chilton, of Maryland, to be a Com- rior, Environment, and Related Agencies concluded missioner of the Commodity Futures Trading Com- a hearing to examine proposed budget estimates for mission for a term expiring April 13, 2013. fiscal year 2010 for the Forest Service, after receiving Colin Scott Cole Fulton, of Maryland, to be an testimony from Abigail Kimbell, Chief, Forest Serv- Assistant Administrator of the Environmental Pro- ice, Department of Agriculture. tection Agency. Alejandro N. Mayorkas, of California, to be Direc- MILITARY SPACE PROGRAMS BUDGET tor of the United States Citizenship and Immigra- Committee on Armed Services: Subcommittee on Stra- tion Services, Department of Homeland Security. tegic Forces concluded open and closed hearings to 2 Air Force nominations in the rank of general. examine the Defense Authorization request for fiscal 1 Navy nomination in the rank of admiral. year 2010 and Future Years Defense Program for Page S5766 military space programs, after receiving testimony Messages from the House: Page S5696 from Gary E. Payton, Deputy Under Secretary of the Air Force for Space Programs, General C. Robert Measures Referred: Page S5696 Kehler, USAF, Commander, Air Force Space Com- Enrolled Bills Presented: Page S5696 mand, Lieutenant General Larry D. James, USAF, Commander, 14th Air Force, Air Force Space Com- Executive Communications: Pages S5696–98 mand, and Commander, Joint Functional Component Petitions and Memorials: Pages S5698–99 Command for Space, Strategic Command, and Vice Executive Reports of Committees: Page S5699 Admiral Harry B. Harris, Jr., USN, Deputy Chief of Naval Operations for Communication Networks, all Additional Cosponsors: Pages S5701–02 of the Department of Defense; and Cristina T. Chap- Statements on Introduced Bills/Resolutions: lain, Director, Acquisition and Sourcing Manage- Pages S5702–32 ment, Government Accountability Office. Additional Statements: Page S5692 ACTIVE COMPONENT, RESERVE Amendments Submitted: Pages S5732–33 COMPONENT, AND CIVILIAN PERSONNEL Notices of Hearings/Meetings: Page S5744 PROGRAM BUDGET Authorities for Committees to Meet: Page S5744 Committee on Armed Services: Subcommittee on Per- sonnel concluded a hearing to examine the Defense Privileges of the Floor: Page S5744 Authorization request for fiscal year 2010 and Future Record Votes: Four record votes were taken today. Years Defense Program for active component, reserve (Total—199) Pages S5663, S5685, S5687 component, and civilian personnel programs, after Adjournment: Senate convened at 9:30 a.m. and receiving testimony from Lieutenant General Michael adjourned at 8:21 p.m., until 9 a.m. on Thursday, D. Rochelle, USA, Deputy Chief of Staff G–1, May 21, 2009. (For Senate’s program, see the re- United States Army, Lieutenant General Richard Y. marks of the Majority Leader in today’s Record on Newton III, USAF, Deputy Chief of Staff for Man- page S5766.) power and Personnel, United States Air Force, Vice Admiral Mark E. Ferguson III, USN, Chief of Naval Personnel, Deputy Chief of Naval Operations for Committee Meetings Manpower, Personnel, Training, and Education, United States Navy, and Lieutenant General Ronald (Committees not listed did not meet) S. Coleman, USMC, Deputy Commandant for Man- power and Reserve Affairs, United States Marine APPROPRIATIONS: DEPARTMENT OF Corps, all of the Department of Defense; and Colonel STATE Steven P. Strobridge, USAF (Ret.), Military Officers Association of America, Dierdre Parke Holleman, Committee on Appropriations: Subcommittee on State, Retired Enlisted Association, Master Chief Joseph L. Foreign Operations, and Related Programs concluded Barnes, USN (Ret.), Fleet Reserve Association, Cap- a hearing to examine proposed budget estimates for tain Ike Puzon, USNR (Ret.), Naval Reserve Asso- fiscal year 2010 for the Department of State, after ciation and Guard/Reserve Committee, all of The receiving testimony from Hillary Rodham Clinton, Military Coalition; and Captain Bradley J. Snyder, Secretary of State. USA (Ret.), Armed Forces Services Corporation.

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BUSINESS MEETING BUSINESS MEETING Committee on Foreign Relations: Committee ordered favorably reported the nominations of Robert Orris Committee on Commerce, Science, and Transportation: Blake, Jr., of Maryland, to be Assistant Secretary for Committee ordered favorably reported the following South Asian Affairs, and Judith A. McHale, of Mary- business items: land, to be Under Secretary for Public Diplomacy, S. 380, to expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve, both of the Department of State. with an amendment; INTERNATIONAL AFFAIRS BUDGET S. 212, to expand the boundaries of the Gulf of the Farallones National Marine Sanctuary and the Cordell Committee on Foreign Relations: Committee concluded Bank National Marine Sanctuary, with an amendment; a hearing to examine the President’s proposed budg- S. 859, to amend the provisions of law relating to the et request for fiscal year 2010 for international af- John H. Prescott Marine Mammal Rescue Assistance fairs, after receiving testimony from Hillary R. Clin- Grant Program; ton, Secretary of State. S. 601, to establish the Weather Mitigation Research Office, with an amendment in the nature of a substitute; BUSINESS MEETING S. 1023, to establish a non-profit corporation to com- Committee on Homeland Security and Governmental Af- municate United States entry policies and otherwise pro- fairs: Committee ordered favorably reported the fol- mote leisure, business, and scholarly travel to the United lowing business items: States, with an amendment; S. 599, to amend chapter 81 of title 5, United States S. 38, to establish a United States Boxing Commission Code, to create a presumption that a disability or death to administer the Act; of a Federal employee in fire protection activities caused S. 685, to require new vessels for carrying oil fuel to by any certain diseases is the result of the performance have double hulls, with an amendment; and of such employee’s duty, with an amendment; The nominations of J. Randolph Babbitt, of Virginia, S. 629, to facilitate the part-time reemployment of an- to be Administrator of the Federal Aviation Administra- nuitants, with an amendment in the nature of a sub- tion, and John D. Porcari, of Maryland, to be Deputy stitute; Secretary, both of the Department of Transportation, Re- S. 707, to enhance the Federal Telework Program, with becca M. Blank, of Maryland, to be Under Secretary for an amendment; Economic Affairs, and Lawrence E. Strickling, of Illinois, S. 1064, Enhanced Oversight of State and Local Eco- to be Assistant Secretary for Communications and Infor- nomic Recovery Act, with amendments; mation, National Oceanic and Atmospheric Administra- S. 920, to amend section 11317 of title 40, United tion, both of the Department of Commerce, Aneesh States Code, to improve the transparency of the status of Chopra, of Virginia, to be Associate Director of the Office information technology investments, to require greater ac- of Science and Technology Policy, and routine lists in the countability for cost overruns on Federal information National Oceanic and Atmospheric Administration. technology investment projects, to improve the processes agencies implement to manage information technology COMPREHENSIVE HEALTH REFORM investments, to reward excellence in information technology acquisition, with an amendment in the nature of Committee on Finance: Committee met in closed ses- a substitute; sion to examine financing comprehensive health re- S. 942, to prevent the abuse of Government charge form. cards; S. 469, to amend chapter 83 of title 5, United States STRATEGY FOR SOMALIA Code, to modify the computation for part-time service Committee on Foreign Relations: Subcommittee on Afri- under the Civil Service Retirement System; can Affairs concluded a hearing to examine devel- S. 692, to provide that claims of the United States to certain documents relating to Franklin Delano Roosevelt oping a coordinated and sustainable strategy for So- shall be treated as waived and relinquished in certain cir- malia, after receiving testimony from Johnnie Car- cumstances; son, Assistant Secretary of State for African Affairs; H.R. 918, to designate the facility of the United States Ken Menkhaus, Davidson College, Davidson, North Postal Service located at 300 East 3rd Street in James- Carolina; and Shannon Scribner, Oxfam America, town, New York, as the ‘‘Stan Lundine Post Office Build- Washington, DC. ing’’;

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H.R. 1595, to designate the facility of the United The nominations of Linda A. Puchala, of Maryland, to States Postal Service located at 3245 Latta Road in Roch- be a Member of the National Mediation Board, John Q. ester, New York, as the ‘‘Brian K. Schramm Post Office Easton, of Illinois, to be Director of the Institute of Edu- Building’’; cation Science, Department of Education, and Seth David H.R. 663, to designate the facility of the United States Harris, of New Jersey, to be Deputy Secretary of Labor. Postal Service located at 12877 Broad Street in Sparta, Georgia, as the ‘‘Yvonne Ingram-Ephraim Post Office SECURING THE BORDER AND POINTS OF Building’’; ENTRY H.R. 1284, to designate the facility of the United Committee on the Judiciary: Subcommittee on Immi- States Postal Service located at 103 West Main Street in gration, Refugees and Border Security concluded a McLain, Mississippi, as the ‘‘Major Ed W. Freeman Post hearing to examine securing the border and Amer- Office’’; and ica’s points of entry, after receiving testimony from The nominations of David Heyman, of the District of Columbia, to be Assistant Secretary of Homeland Secu- former Representative Hayworth; John P. Torres, rity, Cass R. Sunstein, of Massachusetts, to be Adminis- Deputy Assistant Secretary for Operations, David V. trator of the Office of Information and Regulatory Affairs, Aguilar, Chief, Office of Border Patrol, and Thomas Office of Management and Budget, Robert M. Groves, of Winkowski, Assistant Commissioner, Office of Field Michigan, to be Director of the Census, Department of Operations, all of United States Customs and Border Commerce, Marisa J. Demeo, of the District of Columbia, Protection, Department of Homeland Security; and Florence Y. Pan, of the District of Columbia, each Mayor Chad Foster, Eagle Pass, Texas; Richard to be an Associate Judge of the Superior Court of the Wiles, El Paso County Sheriff, El Paso, Texas; District of Columbia. Douglas S. Massey, Princeton University Woodrow COMMUNITY DEVELOPMENT BLOCK Wilson School of Public and International Affairs, GRANT PROGRAM Princeton, New Jersey; and Sam F. Vale, Starr- Camargo Bridge Co., Rio Grande City, Texas. Committee on Homeland Security and Governmental Af- fairs: Ad Hoc Subcommittee on Disaster Recovery HEALTH CARE FRAUD concluded a hearing to examine the role of Commu- Committee on the Judiciary: Subcommittee on Crime nity Development Block Grant Program in disaster and Drugs concluded a hearing to examine criminal recovery, after receiving testimony from Frederick prosecution as a deterrent to health care fraud, after Tombar, Senior Advisor, Office of the Secretary, De- receiving testimony from Lanny A. Breur, Assistant partment of Housing and Urban Development; Mis- Attorney General, Criminal Division, Department of sissippi Governor Haley Barbour, Jackson; Paul Justice; Sean Dilweg, Wisconsin State Commissioner Rainwater, Louisiana Recovery Authority, Baton of Insurance, Madison; Malcolm K. Sparrow, Har- Rouge; Charles S. Stone, State of Texas Office of vard University John F. Kennedy School of Govern- Rural Community Affairs, and Karen Paup, Texas ment, Cambridge, Massachusetts; and Sheri Farrar, Low Income Housing Information Service, both of Health Care Services Corporation, Chicago, Illinois. Austin; Dominique Duval-Diop, PolicyLink, and Melanie Ehrlich, Citizens’ Road Home Action Team, PENSION PLANS both of New Orleans, Louisiana; and Reilly Morse, Special Committee on Aging: Committee concluded a Mississippi Center for Justice Katrina Recovery Of- hearing to examine pension plans, after receiving tes- fice, Biloxi. timony from Barbara D. Bovbjerg, Director, Edu- cation, Workforce, and Income Security, Govern- BUSINESS MEETING ment Accountability Office; Rebecca Anne Batts, In- Committee on Health, Education, Labor, and Pensions: spector General, Vincent K. Snowbarger, Acting Di- Committee ordered favorably reported S. 982, to rector, and Charles E.F. Millard, former Director, all protect the public health by providing the Food and of the Pension Benefit Guaranty Corporation; and Drug Administration with certain authority to regu- Dallas Salisbury, Employee Benefit Research Insti- late tobacco products, with amendments; and tute, Washington, DC.

VerDate Nov 24 2008 07:01 May 21, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D20MY9.REC D20MYPT1 rfrederick on PROD1PC67 with DIGEST D592 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 2009 House of Representatives Recognizing May 25, 2009, as National Missing Chamber Action Children’s Day: H. Res. 297, to recognize May 25, Public Bills and Resolutions Introduced: 28 pub- 2009, as National Missing Children’s Day, by a 2⁄3 lic bills, H.R. 2509–2536; 13 resolutions, H.J. Res. recorded vote of 423 ayes with none voting ‘‘no’’, 52–53; H. Con. Res. 129–132; and H. Res. Roll No. 278 and Pages H5841–42 460–462, 465–468 were introduced. Pages H5890–92 Recognizing the roles and contributions of Amer- Additional Cosponsors: Pages H5892–93 ica’s teachers to building and enhancing our Na- Reports Filed: Reports were filed today as follows: tion’s civic, cultural, and economic well-being: H. Conference report on S. 454, to improve the orga- Res. 374, to recognize the roles and contributions of nization and procedures of the Department of De- America’s teachers to building and enhancing our fense for the acquisition of major weapon systems Nation’s civic, cultural, and economic well-being. (H. Rept. 111–124); Page H5860 H. Res. 463, providing for consideration of the Job Creation Through Entrepreneurship Act of conference report to accompany the bill (S. 454) to 2009: The House passed H.R. 2352, to amend the improve the organization and procedures of the De- Small Business Act, by a yea-and-nay vote of 406 partment of Defense for the acquisition of major yeas to 15 nays, Roll No. 281. weapon systems (H. Rept. 111–125); and H. Res. 464, providing for consideration of the Pages H5815–21, H5842–63 bill (H.R. 915) to amend title 49, United States Agreed to the Capito motion to recommit the bill Code, to authorize appropriations for the Federal to the Committee on Small Business with instruc- Aviation Administration for fiscal years 2009 tions to report the same back to the House forthwith through 2012, to improve aviation safety and capac- with an amendment by a recorded vote of 385 ayes ity, and to provide stable funding for the national to 41 noes, Roll No. 280. Subsequently, Representa- aviation system (H. Rept. 111–126). tive Vela´zquez reported the bill back to the House Pages H5795–H5805 with the amendment and the amendment was agreed to. Pages H5861–62 Speaker: Read a letter from the Speaker wherein she Pursuant to the rule, the amendment in the na- appointed Representative Larsen (WA) to act as ture of a substitute recommended by the Committee Speaker Pro Tempore for today. Page H5795 on Small Business now printed in the bill shall be Credit Cardholders’ Bill of Rights Act of 2009: considered as an original bill for the purpose of The House agreed to the Senate amendment to H.R. amendment under the 5-minute rule. Page H5847 627, to amend the Truth in Lending Act to establish Agreed to: fair and transparent practices relating to the exten- Vela´zquez manager’s amendment (No. 1 printed sion of credit under an open end consumer credit in H. Rept. 111–121) that makes conforming gram- plan. Pages H5808–15, H5822, H5823–42 matical and technical corrections to the legislation; On a division of the question, the House con- curred in all but section 512 of the Senate amend- Pages H5852–53 ment by a recorded vote of 361 ayes to 64 noes, Roll Markey (CO) amendment (No. 2 printed in H. Rept. 111–121) that includes cost saving energy No. 276. Page H5840 On a division of the question, the House con- usage reductions as an eligible project under section curred in section 512 of the Senate amendment by 403(b) management assistance; Pages H5853–54 a yea-and-nay vote of 279 yeas to 147 nays, Roll Paulsen amendment (No. 3 printed in H. Rept. No. 277. Pages H5841–42 111–121) that requires a study by the Comptroller H. Res. 456, the rule providing for consideration General to look at the effects of the legislation’s ef- of the Senate amendment, was agreed to by a yea- forts for veteran owned businesses. The Comptroller and-nay vote of 247 yeas to 180 nays, Roll No. 273, must also include recommendations as to how the after agreeing to order the previous question without Federal government can more effectively serve vet- objection. Page H5822 eran owned businesses; Pages H5854–5855 Suspensions—Proceedings Resumed: The House Boccieri amendment (No. 4 printed in H. Rept. agreed to suspend the rules and agree to the fol- 111–121) that allows veterans centers to receive lowing measures which were debated on Monday, grants to develop specialized programs to assist un- May 18th: employed veterans in becoming entrepreneurs and

VerDate Nov 24 2008 07:01 May 21, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D20MY9.REC D20MYPT1 rfrederick on PROD1PC67 with DIGEST May 20, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D593 adds training for veterans centers to improve out- order the previous question by a yea-and-nay vote of reach to veterans in areas of high unemployment at 244 yeas to 175 nays with 1 voting ‘‘present’’, Roll the Veterans Development Summit; Page H5855 No. 274. Pages H5822–23 Himes amendment (No. 5 printed in H. Rept. Recess: The House recessed at 4:06 p.m. and recon- 111–121) that requires the Small Business Adminis- vened at 5:17 p.m. Page H5860 trator to establish and carry out a ‘‘Microenterprise Training Center Program’’ for the purpose of pro- Presidential Message: Read a message from the viding low-income and unemployed individuals with President wherein he notified Congress that the na- training and counseling with respect to starting a tional emergency declared with respect to the sta- microenterprise; Pages H5855–56 bilization of Iraq is to continue in effect beyond May Murphy (NY) amendment (No. 7 printed in H. 22, 2009—referred to the Committee on Foreign Af- Rept. 111–121) that increases the grant sizes for fairs and ordered printed (H. Doc. 111–42). ‘‘initial grants’’ and ‘‘growth funding grants’’ for Page H5865 each veterans business center by $50,000 per year Senate Messages: Messages received from the Senate per center to $200,000 and $150,000 respectively. today appear on pages H5795, H5871. In addition, the amendment increases the authorized Quorum Calls—Votes: Four yea-and-nay votes and appropriations to carry out this subsection by five recorded votes developed during the proceedings $2,000,000 each per year to $12,000,000 in fiscal of today and appear on pages H5822, H5822–23, year 2010 and $14,000,000 in fiscal year 2011; H5823, H5840, H5841, H5841–42, H5860–61, Pages H5857–58 H5861–62 and H5862–63. There were no quorum Nye amendment (No. 8 printed in H. Rept. calls. 111–121) that adds a new title (Military Entre- preneurs Program) to require the Small Business Ad- Adjournment: The House met at 10 a.m. and administration to establish and carry out a program to journed at 9:32 p.m. provide business counseling and entrepreneurial development assistance to members of the Armed Committee Meetings Forces to facilitate the development of small business DEFENSE APPROPRIATIONS concerns. The amendment establishes a liaison to fa- Committee on Appropriations: Subcommittee on Defense cilitate outreach to members of the Armed Forces held a hearing on Department of Defense. Testimony with respect to business counseling and entrepre- was heard from the following officials of the Depart- neurial development assistance; Pages H5858–59 ment of Defense: Robert Gates, Secretary; ADM Mi- Schauer amendment (No. 9 printed in H. Rept. chael Mullen, USN, Chairman, Joint Chiefs of Staff; 111–121) that creates a new section and authorizes and Robert Hale, Comptroller. funding for small business development centers to assist small manufacturers that are transitioning into FINANCIAL SERVICES GENERAL growth sectors; and Page H5859 GOVERNMENT APPROPRIATIONS Kratovil amendment (No. 6 printed in H. Rept. Committee on Appropriations: Subcommittee on Finan- 111–121) that establishes a Rural Entrepreneurship cial Services, General Government, and Related Advisory Council within the Small Business Admin- Agencies held a hearing on OMB. Testimony was istration, comprised of appropriate officials from the heard from Peter Orszag, Director, OMB. SBA, the rural development programs of the Depart- MILITARY CONSTRUCTION, VETERANS ment of Agriculture, and the Department of Com- AFFAIRS APPROPRIATIONS merce and of representatives from the academic, Committee on Appropriations: Subcommittee on Mili- small business, agriculture, and high-tech commu- tary Construction, Veterans Affairs, and Related nities. The council is tasked with providing a report Agencies held a hearing on the Air Force Budget. to Congress on rural entrepreneurship, and to pro- Testimony was heard from GEN Norton A. vide ongoing advice and recommendations to foster Schwartz, USAF, Chief of Staff, Department of De- rural entrepreneurs (by a recorded vote of 427 yeas fense. with none voting ‘‘nay’’, Roll No. 279). STATE, FOREIGN OPERATIONS Pages H5856–57, H5860–61 APPROPRIATIONS Agreed that the Clerk be authorized to make Committee on Appropriations: Subcommittee on State, technical and conforming changes to reflect the ac- Foreign Operations and Related Programs held a tions of the House. Page H5863 hearing on U.S. Agency for International Develop- H. Res. 457, the rule providing for consideration ment, Millennium Challenge Corporation, and on of the bill, was agreed to by a recorded vote of 247 Office of Global AIDS Coordinator. Testimony was ayes to 175 noes, Roll No. 275, after agreeing to heard from Alonzo Fullgham, Acting Administrator,

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Chief Operating Officer, U.S. Agency for Inter- NATIONAL DEFENSE AUTHORIZATION national Development, Department of State; Rodney BUDGET REQUEST Bent, Acting Administrator, Millennium Challenge Committee on Armed Services: Subcommittee on Ter- Corporation; and Tom Walsh, Acting Deputy U.S. rorism, Unconventional Threats and Capabilities Global AIDS Coordinator and Chief of Staff. held a hearing on Fiscal Year 2010 National Defense TRANSPORTATION, HUD Authorization Budget Request for Department of APPROPRIATIONS Defense Science and Technology Programs. Testi- mony was heard from the following officials of the Committee on Appropriations: Subcommittee on Trans- Department of Defense: Alan Shaffer, Principal Dep- portation, Housing and Urban Development, and uty Director, Defense Research and Engineering, Of- Related Agencies held a hearing on Member Re- fice of the Secretary; Thomas H. Killion, Deputy As- quests. Testimony was heard from Members of Con- sistant Secretary, Research and Technology U.S. gress. Army; RADM Nevin P. Carr, Jr., USN, Chief of NATIONAL DEFENSE AUTHORIZATION Naval Research, Director, Test and Evaluation and BUDGET REQUEST—AIR FORCE Technology Requirements, U.S. Navy; Terry Jaggers, MODERNIZATION PROGRAMS Deputy Assistant Secretary, Air Force, Science, Tech- Committee on Armed Services: Subcommittee on Air and nology and Engineering, Office of the Assistant Sec- Land Forces held a hearing on Fiscal Year 2010 Na- retary, Acquisition, U.S. Air Force; and Robert F. tional Defense Authorization Budget Request for Air Leheny, Acting Director, Defense Advanced Research Force Modernization Programs. Testimony was heard Projects Agency, Office of the Secretary of Defense. from the following officials of the Department of ADMINISTRATION’S EDUCATION AGENDA Defense: David G. Ahern, Director, Portfolio Sys- tems Acquisition, Office of the Under Secretary, Ac- Committee on Education and Labor: Held a hearing on quisition, Technology, and Logistics; LTG Daniel J. The Obama Administration’s Education Agenda. Darnell, USAF, Deputy Chief of Staff, Air, Space Testimony was heard from Arne Duncan, Secretary and Information Operations, Plans and Requirement, of Education. Headquarters, U.S. Air Force; LTG Mark D. AMERICAN CLEAN ENERGY AND SECURITY Shackelford, USAF, Deputy Chief of Staff, Air Space ACT and Information Operations, Plans and Requirement, Headquarters, U.S. Air Force; and LTG Raymond E. Committee on Energy and Commerce: Continued mark up Johns, Jr., USAF, Deputy Chief of Staff, Strategic of H.R. 2454 American Clean Energy and Security Plans and Programs, Headquarters U.S. Air Force; Act of 2009. and Michael J. Sullivan, Director, Acquisition and Will continue tomorrow. Sourcing Management, GAO. CREDIT UNION SHARE INSURANCE PROFESSIONAL MILITARY EDUCATION STABILIZATION ACT Committee on Armed Services: Subcommittee on Over- Committee on Financial Services: Subcommittee on Fi- sight and Investigations held a hearing on Another nancial Institutions and Consumer Credit held a Crossroads? Professional Military Education Twenty hearing entitled ‘‘H.R. 2351, Credit Union Share In- Years after the Goldwater-Nichols Act and the Skel- surance Stabilization Act.’’ Testimony was heard ton Panel. Testimony was heard from following offi- from Michael E. Fryzel, Chairman, National Credit cials of the Department of Defense: Janet Breslin- Union Administration; George Reynolds, Chairman, Smith, Retired Professor and Department Head, Na- Senior Deputy Commissioner, Department of Bank- tional War College; and Alexander Cochran, Histor- ing and Finance, State of Georgia; and public wit- ical Advisor to the Chief of Staff, U.S. Army; and nesses. public witnesses. PAKISTAN AID/STATE DEPARTMENT NATIONAL DEFENSE AUTHORIZATION AUTHORIZATION BUDGET REQUEST Committee on Foreign Affairs: Ordered reported, as Committee on Armed Services: Subcommittee on Readi- amended, the following bills: H.R. 1886, Pakistan En- ness held a hearing on Fiscal Year 2010 National during Assistance and Cooperation Enhancement Act of Defense Authorization Budget Request for the Mili- 2009; and H.R. 2410, Foreign Relations Authorization tary Services’ Operations and Maintenance Funding. Act, Fiscal Years 2010 and 2011. Testimony was heard from the following officials of MISCELLANEOUS MEASURES; FBI the Department of Defense: GEN Peter W. OVERSIGHT Chiarelli, USA, Vice Chief of Staff, U.S. Army; Committee on the Judiciary: Ordered reported the fol- ADM Patrick M. Walsh, USN, Vice Chief of Naval lowing bills: H.R. 1741, amended, Witness Security and Operations, U.S. Navy; GEN James F. Amos, Protection Grant Program Act of 2009; and H.R. 2247, USMC, Assistant Commandant, U.S. Marine Corps; Congressional Review Act Improvements Act. and GEN William M. Fraser III, USAF, Vice Chief The Committee also held an oversight hearing on of Staff, U.S. Air Force. the Federal Bureau of Investigation. Testimony was

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heard from Robert Mueller, Director, FBI, Depart- points of order against provisions in the bill, as ment of Justice. amended. INTERNATIONAL WHALING COMMISSION The rule makes in order only those amendments 61ST MEETING OVERSIGHT printed in part C of the Rules Committee report. Amendments so printed may be offered only in the Committee on Natural Resources: Subcommittee on In- order printed in the Committee report, may be of- sular Affairs, Oceans and Wildlife held an oversight fered only by a Member designated in the report, hearing on advance of the 61st meeting of the Inter- shall be considered as read, shall be debatable for the national Whaling Commission (IWC) to be held in time specified in this report equally divided and Madeira, Portugal June 22–26. Testimony was heard controlled by a proponent and an opponent, shall not from William T. Hogarth, U.S. Commissioner, be subject to amendment, and shall not be subject International Whaling Commission; and public wit- to a demand for division of the question in the nesses. House or in the Committee of the Whole. The rule STATE AND LOCAL PANDEMIC waives all points of order against such amendments PREPAREDNESS except those arising under clause 9 or 10 of rule Committee on Oversight and Government Reform: Held a XXI. The rule provides one motion to recommit the hearing entitled ‘‘State and Local Pandemic Pre- bill with or without instructions. paredness.’’ Testimony was heard from Daniel M. Section 2 of the rule provides that the chair of the Sosin, M.D., Director, Coordinating Office, Ter- Committee on Transportation is authorized to file a rorism Preparedness and Emergency Response, Cen- supplemental report to accompany H.R. 915. Testi- ters for Disease Control and Prevention, Department mony was heard from Chairman Oberstar and Rep- of Health and Human Services; Guthrie Birkhead, resentatives Costello, Ackerman, Cleaver, Cuellar, M.D., Deputy Commissioner, Public Health, De- Minnick, Mica, Schock, Smith of Nebraska, Petri, partment of Health, State of New York; and public Frelinghuysen and Garrett. witnesses. IMPACT OF CURRENT COST CUTTING CONFERENCE REPORT—WEAPONS EFFORTS ON POSTAL SERVICES SYSTEMS ACQUISITION REFORM ACT OF OPERATIONS AND NETWORK 2009 Committee on Oversight and Government Reform: Sub- Committee on Rules: Committee granted, by a non- committee on Federal Workforce, Postal Service and record vote, a rule providing for consideration of the the District of Columbia held a hearing on ‘‘Nip and conference report to accompany S. 454, the ‘‘Weap- Tuck: The Impact of Current Cost Cutting Efforts ons Acquisition System Reform Through Enhancing on Postal Service Operations and Network.’’ Testi- Technical Knowledge and Oversight Act of 2009.’’ mony was heard from William P. Galligan, Senior The rule waives all points of order against the Vice President, Operations, U.S. Postal Service; John conference report and against its consideration and Waller, Director, Office of Accountability and Com- provides that the conference report shall be consid- pliance, Postal Regulatory Commission; Phillip ered as read. The rule provides that the Chair may Herr, Director, Physical Infrastructure, GAO; and postpone further consideration of the conference republic witnesses. port to such time as may be designated by the Speaker. Testimony was heard from Chairman Skel- FAA REAUTHORIZATION ACT ton and Representative McHugh. Committee on Rules: Committee granted, by a non- record vote, a rule providing for one hour of general HEROES OF SMALL BUSINESS debate on H.R. 915, FAA Reauthorization Act of 2009, equally divided and controlled by the chair- Committee on Small Business: Held a hearing entitled man and ranking minority member of the Com- ‘‘Heroes of Small Business.’’ Testimony was heard mittee on Transportation and Infrastructure. The from public witnesses. rule waives all points of order against consideration of the bill except those arising under clause 9 or 10 AVIATION CONSUMER ISSUES of rule XXI. The rule provides that, in lieu of the Committee on Transportation and Infrastructure: Sub- amendment in the nature of a substitute rec- committee on Aviation held a hearing on Aviation ommended by the Committee on Transportation and Consumer Issues: Emergency Contingency Planning Infrastructure, the amendment in the nature of a and Outlook for Summer Travel. Testimony was substitute printed in part A of the Rules Committee heard from the following officials of the Department report, modified by the amendment printed in part of Transportation: Christa Fornarotto, Acting Assist- B of the Rules Committee report, shall be considered ant Secretary, Aviation and International Affairs; as adopted in the House and in the Committee of Calvin L. Scovel III, Inspector General; and Nancy the Whole. The bill, as amended, shall be considered LoBue, Acting Assistant Administrator, Aviation as the original bill for purpose of further amendment Policy, Planning, and Environment, FAA; and public and shall be considered as read. The rule waives all witnesses.

VerDate Nov 24 2008 07:01 May 21, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0627 Sfmt 5627 E:\CR\FM\D20MY9.REC D20MYPT1 rfrederick on PROD1PC67 with DIGEST D596 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 2009 PIRACY AGAINST U.S. FLAGGED VESSELS and the Future Years Defense Program for the Depart- Committee on Transportation and Infrastructure: Sub- ment of the Air Force, 9:30 a.m., SD–106. committee on Coast Guard and Maritime Transpor- Committee on Banking, Housing, and Urban Affairs: busi- tation held a hearing on Piracy Against U.S.-Flagged ness meeting to consider the nominations of Peter M. Rogoff, of Virginia, to be Federal Transit Administrator, Vessels: Lessons Learned. Testimony was heard from Department of Transportation, Francisco J. Sanchez, of RADM Brian Salerno, USCG, Assistant Commander, Florida, to be Under Secretary of Commerce for Inter- Marine Safety, Security and Stewardship, Department national Trade, Sandra Brooks Henriquez, of Massachu- of Homeland Security; the following officials of the setts, to be Assistant Secretary of Housing and Urban De- Department of Defense: Ed Frothingham, Principal velopment for Public and Indian Housing, and Michael Director, Office of the Deputy Assistant Secretary, S. Barr, of Michigan, to be Assistant Secretary of the Counternarcotics and Global Threats, Department of Treasury for Financial Institutions, Time to be an- Defense, and public witnesses. nounced, S–216, Capitol. Committee on Commerce, Science, and Transportation: Sub- BUDGET OVERVIEW committee on Consumer Protection, Product Safety, and Permanent Select Committee on Intelligence: Met in execu- Insurance, to hold hearings to examine health and prod- tive session to hold a hearing on Fiscal Year 2010 uct safety issues associated with imported drywall, 10:30 Budget Overview. Testimony was heard from Dennis a.m., SR–253. Blair, Director, Office of National Intelligence; and Subcommittee on Science and Space, to hold hearings James R. Clapper, Jr., Under Secretary, Intelligence, to examine the President’s proposed budget request for Department of Defense. fiscal year 2010 for NASA, 2:30 p.m., SR–253. Committee on Energy and Natural Resources: business meeting to consider pending calendar business, 10:30 Joint Meetings a.m., SD–366. ECONOMIC IMPACT OF GLOBAL DEMAND Committee on Environment and Public Works: to hold an ON OIL oversight hearing to examine the Economic Development Joint Economic Committee: Committee concluded a Administration, 10 a.m., SD–406. Committee on Finance: to hold hearings to examine The hearing to examine oil and the economy, focusing on United States-Panama Trade Promotion Agreement, 10 the impact of rising global demand on the United a.m., SD–215. States recovery, after receiving testimony from Dan- Committee on Foreign Relations: to hold hearings to exam- iel Yergin, Chairman, IHS Cambridge Energy Re- ine a new strategy for Afghanistan and Pakistan, 9:30 search Associates, Washington, DC.; and James D. a.m., SD–419. Hamilton, University of California, San Diego. Committee on Homeland Security and Governmental Affairs: f to hold hearings to examine financial regulatory lessons from abroad, 2 p.m., SD–342. COMMITTEE MEETINGS FOR THURSDAY, Committee on Indian Affairs: to hold hearings to examine MAY 21, 2009 executive branch authority to acquire trust lands for In- (Committee meetings are open unless otherwise indicated) dian tribes, 2:15 p.m., SD–628. Committee on the Judiciary: business meeting to consider Senate S. 417, to enact a safe, fair, and responsible state secrets Committee on Appropriations: Subcommittee on Labor, privilege Act, S. 257, to amend title 11, United States Health and Human Services, Education, and Related Code, to disallow certain claims resulting from high cost Agencies, to hold hearings to examine proposed budget credit debts, S. 448 and H.R. 985, bills to maintain the estimates for fiscal year 2010 for the National Institutes free flow of information to the public by providing condi- of Health, 10:30 a.m., SD–138. tions for the federally compelled disclosure of information Subcommittee on Defense, to hold hearings to examine by certain persons connected with the news media, the proposed budget estimates for fiscal year 2010 for the nominations of Thomas E. Perez, of Maryland, to be As- Missile Defense Agency, 10:30 a.m., SD–124. sistant Attorney General, Civil Rights Division, Depart- Subcommittee on Commerce, Justice, Science, and Re- ment of Justice, David F. Hamilton, of Indiana, to be lated Agencies, to hold hearings to examine proposed United States Circuit Judge for the Seventh Circuit, budget estimates for fiscal year 2010 for the National Andre M. Davis, of Maryland, to be United States Circuit Aeronautics and Space Administration, 11 a.m., SD–192. Judge for the Fourth Circuit, and committee’s sub- Subcommittee on Agriculture, Rural Development, committee assignments, 10 a.m., SD–226. Food and Drug Administration, and Related Agencies, to Committee on Small Business and Entrepreneurship: to hold hold hearings to examine proposed budget estimates for hearings to examine the role of small business in stimulus fiscal year 2010 for the Food and Drug Administration, contracting, 10 a.m., SR–428A. 2 p.m., SD–192. Committee on Veterans’ Affairs: business meeting to Subcommittee on Legislative Branch, to hold hearings markup pending legislation, 9:30 a.m., SR–418. to examine proposed budget estimates for fiscal year 2010 Select Committee on Intelligence: to hold hearings to exam- for the Government Accountability Office, the Govern- ine the nominations of Stephen Woolman Preston, of the ment Printing Office, and the Congressional Budget Of- District of Columbia, to be General Counsel of the Cen- fice, 2:30 p.m., SD–138. tral Intelligence Agency, and Robert S. Litt, of Maryland, Committee on Armed Services: to hold hearings to examine to be General Counsel of the Office of the Director of the Defense Authorization request for fiscal year 2010 National Intelligence, 2:30 p.m., SH–216.

VerDate Nov 24 2008 07:01 May 21, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0627 Sfmt 5627 E:\CR\FM\D20MY9.REC D20MYPT1 rfrederick on PROD1PC67 with DIGEST May 20, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D597 House tencing: Is it time to Crack the 100 to 1 Disparity? and Committee on Agriculture, hearing to review low carbon to consider the following bills: H.R. 1459, Fairness in fuel standard proposals, 10:30 a.m., 1300 Longworth. Cocaine Sentencing Act of 2009; H.R. 1466, Major Drug Committee on Appropriations, Subcommittee on Agri- Trafficking Prosecution Act of 2009; H.R. 265. Drug culture, Rural Development, Food and Drug Administra- Sentencing Reform and Cocaine Kingpin Trafficking Act tion, and Related Agencies, on FDA, 10 a.m., 2362a of 2009; H.R. 2178, Crack-Cocaine Equitable Sentencing Rayburn. Act of 2009; and H.R. 18, Powder-Crack Cocaine Penalty Subcommittee on Defense, on Defense Health Pro- Equalization Act of 2009, 10 a.m., 2141 Rayburn. gram, 10 a.m., H–140 Capitol. Committee on Natural Resources, Subcommittee on Na- Subcommittee on Energy and Water Development, and tional Parks, Forests and Public Lands, oversight hearing Related Agencies, on Nuclear Security Administration on the Future of the Forest Economy, 10 a.m., 1324 (NNSA): Nuclear Nonproliferation and Weapons. 10 Longworth. a.m., 2362–B Rayburn. Committee on Oversight and Government Reform, oversight Subcommittee on Financial Services, General Govern- hearing entitled ‘‘The Future of the V–22 Osprey: Costs, ment and Related Agencies, on Treasury Department, 10 Capabilities, and Challenges,’’ 10 a.m., 2154 Rayburn. a.m., 2359 Rayburn. Subcommittee on Information Policy, Census, and Na- Subcommittee on Interior, Environment, and Related tional Archives, hearing entitled ‘‘Stakeholders’ Views on Agencies, on U.S. Geological Survey, 1:30 p.m., B–308 the National Archives and Records Administration Rayburn. (NARA),’’ 2 p.m., 2154 Rayburn. Committee on Armed Services, Subcommittee on Air and Committee on Rules, to consider H.R. 2200, Transpor- Land Forces, hearing on Fiscal Year 2010 National De- tation Security Administration Authorization Act, 1 p.m., fense Authorization Budget Request for Army Acquisi- H–313 Capitol. tion, Reset, and Modernization Programs, 10 a.m., 2118 Committee on Small Business, Subcommittee on Regula- Rayburn. tions and Healthcare, hearing entitled ‘‘Impacts of Out- Subcommittee on Military Personnel, hearing on Fiscal standing Regulatory Policy on Small Biofuels Producers Year 2010 National Defense Authorization Budget Re- and Family Farmers,’’ 10 a.m., 2360 Rayburn. quest on Military Personnel Overview, 2 p.m., 2212 Ray- Committee on Veterans’ Affairs, Subcommittee on Dis- burn. ability Assistance and Memorial Affairs, hearing on the Subcommittee on Strategic Forces, hearing on Fiscal following bills: H.R. 1522, United States Cadet Nurse Year 2010 National Defense Authorization Budget Re- Corps Equity Act; H.R. 1982, Veterans Entitlement to quest for National Security Space and Missile Defense Service (VETS) Act of 2009, and H.R. 2270, Benefits for Programs, 2 p.m., 2118 Rayburn. Qualified World War II Veterans Act of 2009, 10 a.m., Committee on the Budget, hearing on the State of the 334 Cannon. Economy, 10 a.m., 210 Cannon. Subcommittee on Economic Opportunity, hearing on Committee on Education and Labor, hearing on Increasing the following bills: H.R. 1037, Pilot College Work Study Student Aid Through Loan Reform, 10 a.m., 2175 Ray- Programs for Veterans Act of 2009; H.R. 1098, Veterans burn. Worker Retraining Act of 2009; H.R. 1168, Veterans Committee on Energy and Commerce, to continue mark up Retraining Act of 2009; H.R. 1172, To direct the Sec- of H.R. 2454, American Clean Energy and Security Act retary of Veterans Affairs to include on the Internet of 2009, 10 a.m., 2123 Rayburn. website of the Department of Veterans Affairs a list of or- Committee on Financial Services, Subcommittee on Hous- ganizations that provide scholarships to veterans and their ing and Community Opportunity, hearing entitled ‘‘The survivors; H.R. 1821, Equity for Injured Veterans Act of Section 8 Voucher Reform Act,’’ 2:30 p.m., 2128 Ray- 2009; H.R. 1879, National Guard Employment Protec- burn. tion Act of 2009; and H.R. 2180, To amend title 38, Committee on Homeland Security, Subcommittee on Bor- United States Code, to waive housing loan fees for certain der, Maritime, and Global Counterterrorism, executive, veterans with service-connected disabilities called to ac- briefing on piracy, 10 a.m., 311–B Cannon. tive service, 1 p.m., 340 Cannon. Committee on House Administration, hearing on Military Committee on Ways and Means, Subcommittee on Select and Overseas Voting: Obstacles and Potential Solutions, Revenue Measures, hearing on issues involving tax-ex- 10 a.m., 1539 Longworth. empt and taxable government bonds, 10 a.m., 1100 Committee on the Judiciary, hearing on Ramifications of Longworth. Auto Industry Bankruptcies, 12 p.m., 2141 Rayburn. Permanent Select Committee on Intelligence, Committee, ex- Subcommittee on Crime, Terrorism, and Homeland Se- ecutive, briefing on Executive Overview, 2 p.m., curity, hearing on Unfairness in Federal Cocaine Sen- 304–HVC.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Thursday, May 21 10 a.m., Thursday, May 21

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 915— ation of H.R. 2346, Supplemental Appropriations Act, FAA Reauthorization Act of 2009 (Subject to a Rule). and after a period of debate, vote on the motion to in- Consideration of the conference report to accompany S. voke cloture thereon at 10 a.m. 454—Weapon Systems Acquisition Reform Act of 2009 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Davis, Danny K., Ill., E1213 Mitchell, Harry E., Ariz., E1217, E1218 Davis, Susan A., Calif., E1211 Neugebauer, Randy, Tex., E1210 Akin, W. Todd, Mo., E1209 DeGette, Diana, Colo., E1222 Pascrell, Bill, Jr., N.J., E1211, E1218 Bachmann, Michele, Minn., E1215 Duncan, John J., Jr., Tenn., E1210, E1217 Paul, Ron, Tex., E1221 Barrett, J. Gresham, S.C., E1219 Gingrey, Phil, Ga., E1212 Rangel, Charles B., N.Y., E1217, E1221 Bilbray, Brian P., Calif., E1220 Griffith, Parker, Ala., E1218 Bilirakis, Gus M., Fla., E1216 Halvorson, Deborah L., Ill., E1223 Rush, Bobby L., Ill., E1209 Bonner, Jo, Ala., E1209, E1211, E1213, E1216 Issa, Darrell E., Calif., E1223 Shimkus, John, Ill., E1222 Boustany, Charles W., Jr., La., E1211 Kirk, Mark Steven, Ill., E1222 Shuster, Bill, Pa., E1212 Brady, Robert A., Pa., E1215 Kucinich, Dennis J., Ohio, E1209, E1210 Smith, Adrian, Nebr., E1216 Brown-Waite, Ginny, Fla., E1215 Lofgren, Zoe, Calif., E1212 Smith, Lamar, Tex., E1216 Calvert, Ken, Calif., E1216, E1219 McCollum, Betty, Minn., E1219 Space, Zachary T., Ohio, E1221 Capps, Lois, Calif., E1218 Markey, Betsy, Colo., E1219, E1221 Wexler, Robert, Fla., E1220 Connolly, Gerald E., Va., E1221 Markey, Edward J., Mass., E1219 Young, Don, Alaska, E1214 Costello, Jerry F., Ill., E1213 Meek, Kendrick B., Fla., E1214

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