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

Vol. 156 WASHINGTON, MONDAY, APRIL 26, 2010 No. 59 House of Representatives The House met at 12:30 p.m. and was PRAYER of the Rules of the U.S. House of Representa- called to order by the Speaker pro tem- The Chaplain, the Reverend Daniel P. tives, the Clerk received the following mes- pore (Mr. MORAN of Virginia). sage from the Secretary of the Senate on Coughlin, offered the following prayer: April 26, 2010 at 9:31 a.m.: f Ever-present God, who knows us That the Senate concur in the House through and through, hasten to help us amendment to the bill S. 1963. DESIGNATION OF SPEAKER PRO and strengthen the faith and unity of That the Senate passed S. 3253. TEMPORE Your people. That the Senate agreed to with an amend- Give us courage to attack what is ment H. Con. Res. 255. The SPEAKER pro tempore laid be- evil and surrounds itself with nega- Appointments: fore the House the following commu- tivity. History shows us You will for- Commission on Key National Indicators nication from the Speaker: With best wishes, I am tify the just, lift up the lowly, and Sincerely, WASHINGTON, DC, cleanse the pure of heart. April 26, 2010. LORRAINE C. MILLER, Empower us to accomplish what is Clerk of the House. I hereby appoint the Honorable JAMES P. good and give You the glory now and MORAN to act as Speaker pro tempore on this f day. forever. Amen. HEALTH INFORMATION TECH- NANCY PELOSI, f Speaker of the House of Representatives. NOLOGY RULEMAKING GIVES US THE JOURNAL AN IDEA OF WHAT TO EXPECT f The SPEAKER pro tempore. The WITH NEW HEALTH REFORM MORNING-HOUR DEBATE Chair has examined the Journal of the LAW last day’s proceedings and announces The SPEAKER pro tempore. Pursu- (Mr. BURGESS asked and was given to the House his approval thereof. permission to address the House for 1 ant to the order of the House of Janu- Pursuant to clause 1, rule I, the Jour- minute and to revise and extend his re- ary 6, 2009, the Chair will now recog- nal stands approved. marks.) nize Members from lists submitted by f the majority and minority leaders for Mr. BURGESS. Mr. Speaker, 14 morning-hour debate. PLEDGE OF ALLEGIANCE months ago this House passed in the The Chair will alternate recognition The SPEAKER pro tempore. Will the stimulus bill a measure that contained between the parties, with each party gentleman from Texas (Mr. BURGESS) $20 billion for information technology limited to 30 minutes and each Mem- come forward and lead the House in the relating to health care. The Centers for ber, other than the majority and mi- Pledge of Allegiance. Medicare and Medicaid Services pub- nority leaders and the minority whip, Mr. BURGESS led the Pledge of Alle- lished a rule on January 13 of this year limited to 5 minutes. giance as follows: to determine qualifications of what de- I pledge allegiance to the Flag of the termined a so-called meaningful user f United States of America, and to the Repub- and who will be able to receive this lic for which it stands, one nation under God, funding. RECESS indivisible, with liberty and justice for all. Mr. Speaker, this morning I spoke to The SPEAKER pro tempore. Pursu- f the American Hospital Association. ant to clause 12(a) of rule I, the Chair COMMUNICATION FROM THE Our Nation’s hospitals are almost declares the House in recess until 2 CLERK OF THE HOUSE unanimous in their dissatisfaction with p.m. today. the rules coming out of the Centers for Accordingly (at 12 o’clock and 31 The SPEAKER pro tempore laid be- Medicare and Medicaid Services. These minutes p.m.), the House stood in re- fore the House the following commu- rules are misguided, rigid, and in fact cess until 2 p.m. nication from the Clerk of the House of unattainable. Representatives: f In fact, a bipartisan group of 248 OFFICE OF THE CLERK, members of this House of Representa- b 1400 HOUSE OF REPRESENTATIVES, tives agreed. Further, instead of Washington, DC, April 26, 2010. incentivizing compliance, these rules AFTER RECESS Hon. NANCY PELOSI, punish noncompliance. This undoubt- The Speaker, House of Representatives, The recess having expired, the House Washington, DC. edly gives us an idea of what we can ex- was called to order by the Speaker pro DEAR MADAM SPEAKER: Pursuant to the pect with the rulemaking and regula- tempore (Mr. HINOJOSA) at 2 p.m. permission granted in Clause 2(h) of Rule II tion that will occur at the Centers for

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.

H2847

.

VerDate Nov 24 2008 04:44 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.000 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2848 CONGRESSIONAL RECORD — HOUSE April 26, 2010 Medicare and Medicaid Services, graduating James Lick High School in Payne Avenue in San Jose, California, shall Health and Human Services, Office of San Jose, Mr. Cortese started working be known and designated as the ‘‘Anthony J. Personnel Management, and, for crying as a letter carrier in the downtown San Cortese Post Office Building’’. (b) REFERENCES.—Any reference in a law, out loud, the Internal Revenue Service Jose post office. map, regulation, document, paper, or other as they go through this same process Mr. Cortese was a tireless advocate record of the United States to the facility re- addressing the new health care reform for letter carriers in the region and ferred to in subsection (a) shall be deemed to law. This will go on for years, and in made a significant impact on our com- be a reference to the ‘‘Anthony J. Cortese fact decades, perhaps even generations. munity. In addition to his 42 years with Post Office Building’’. Doctors, hospitals, information tech- the Postal Service, Mr. Cortese served The SPEAKER pro tempore. Pursu- nology manufacturers, medical device 27 years as the president of the Na- ant to the rule, the gentleman from manufacturers, and all Americans need tional Association of Letter Carriers Massachusetts (Mr. LYNCH) and the to stay alert and pay attention to Local 193. Under his leadership, this gentleman from Texas (Mr. OLSON) what’s coming out of the agencies here local procured a building for its mem- each will control 20 minutes. in Washington, D.C. bers, secured expanded health benefits, The Chair recognizes the gentleman Mr. Speaker, I urge all of us to stay and provided an open forum for discus- from Massachusetts. involved and active. The stimulus and sion with union members, community GENERAL LEAVE the reform bill will affect how health advocates, and local elected officials. Mr. LYNCH. Mr. Speaker, I ask unan- care is delivered for generations to Throughout his tenure, Mr. Cortese imous consent that all Members may developed strong relationships with come. have 5 legislative days within which to postal workers and management. His f revise and extend their remarks and legacy and accomplishments at the ARIZONA VOTERS LIKE NEW LAW add any extraneous materials. Postal Service will not be forgotten. The SPEAKER pro tempore. Is there Once again, Mr. Speaker, I rise to (Mr. SMITH of Texas asked and was objection to the request of the gen- honor the life of Anthony Cortese, and given permission to address the House tleman from Massachusetts? ask my colleagues to support naming a for 1 minute and to revise and extend There was no objection. his remarks.) post office in his honor. I want to con- Mr. LYNCH. Mr. Speaker, I yield my- Mr. SMITH of Texas. Mr. Speaker, gratulate the family, and I want to self such time as I may consume. while pro-amnesty advocates are busy give a personal thanks, because with- Mr. Speaker, as chairman of the criticizing Arizona’s new immigration out his work my family would not have House subcommittee with jurisdiction enforcement law, Arizona voters are benefited from the kinds of things he over the United States Postal Service, registering their overwhelming sup- has done in our community. I am proud to present H.R. 4543 for con- port. According to a Rasmussen Re- f sideration. This legislation will des- ports telephone survey, 70 percent of APPOINTMENT OF MEMBER TO SE- ignate the facility of the United States likely voters in Arizona approve of the LECT INTELLIGENCE OVERSIGHT Postal Service located at 4285 Payne legislation, including 84 percent of Re- PANEL Avenue in San Jose, California, as the publicans, 69 percent of independents, The SPEAKER pro tempore. Pursu- Anthony J. Cortese Post Office Build- and more than half of Democrats. ant to clause 4(a)(5) of rule X, and the ing. These results are not surprising. order of the House of January 6, 2009, Introduced by my friend and col- Arizonans are no different from other the Chair announces the Speaker’s ap- league Representative ZOE LOFGREN of Americans. They want to see the Na- pointment of the following Member of California on January 27, 2010, H.R. 4543 tion’s immigration laws enforced. They the House to the Select Intelligence was favorably reported out of the Over- are rightly concerned about the jobs Oversight Panel of the Committee on sight and Government Reform Com- that illegal immigrants take from citi- Appropriations: mittee on April 14, 2010, by unanimous zens and legal immigrants, about their Ms. WASSERMAN SCHULTZ, Florida. consent. In addition, this legislation communities’ safety, and about the enjoys the overwhelming support of the f substantial costs to taxpayers of illegal California House delegation. immigration. ANNOUNCEMENT BY THE SPEAKER A 55-year resident of San Jose, Cali- If the Obama administration con- PRO TEMPORE fornia, Mr. Anthony Cortese was born tinues to ignore immigration laws, it The SPEAKER pro tempore. Pursu- in the East Bay city of Richmond, Cali- should not be surprised if other States ant to clause 8 of rule XX, the Chair fornia, and graduated from James Lick follow Arizona’s example. will postpone further proceedings High School in San Jose. While in his f today on motions to suspend the rules early twenties, Mr. Cortese began on which a recorded vote or the yeas working for the United States Postal HONORING ANTHONY ‘‘TONY’’ J. and nays are ordered, or on which the Service as a letter carrier in the down- CORTESE vote incurs objection under clause 6 of town San Jose post office and contin- (Mr. HONDA asked and was given rule XX. ued to serve as a proud Postal Service permission to address the House for 1 Record votes on postponed questions employee for over 40 years. As a letter minute.) will be taken after 6:30 p.m. today. carrier, Mr. Cortese became an active Mr. HONDA. Mr. Speaker, I rise f member of his union, the National As- today to honor the life and work of my sociation of Letter Carriers Local 193. ANTHONY J. CORTESE POST friend, Anthony ‘‘Tony’’ J. Cortese. For Mr. Cortese climbed the ranks from OFFICE BUILDING the past four decades, Mr. Cortese was shop steward to vice president, and in a proud and dedicated employee of the Mr. LYNCH. Mr. Speaker, I move to 1981 was elected union president, a po- United States Postal Service. suspend the rules and pass the bill sition he proudly held for 27 years. I am proud to stand on the floor (H.R. 4543) to designate the facility of As president of Local 193 for nearly 30 today in support of H.R. 4543, legisla- the United States Postal Service lo- years, Mr. Cortese devoted his efforts tion to designate the Westgate Station cated at 4285 Payne Avenue in San to advancing the well-being of his fel- Post Office in my district of San Jose, Jose, California, as the ‘‘Anthony J. low letter carriers. Notably, Mr. California, in memory of Mr. Cortese. I Cortese Post Office Building’’. Cortese successfully procured a union- would also like to thank my good The Clerk read the title of the bill. owned headquarters building for the friend and the sponsor of this legisla- The text of the bill is as follows: members of Local 193. He helped ex- tion, Congresswoman ZOE LOFGREN, for H.R. 4543 pand member health benefits and es- working closely with me on this effort. Be it enacted by the Senate and House of Rep- tablished an open, meaningful, and Mr. Cortese was born in the San resentatives of the United States of America in continuing dialogue between his union Congress assembled, Francisco Bay area and moved to members and Federal, State, and local SECTION 1. ANTHONY J. CORTESE POST OFFICE Santa Clara County with his family BUILDING. elected officials. after his father took a job at the Ford (a) DESIGNATION.—The facility of the However, Mr. Cortese’s service was plant in Milpitas. A few years after United States Postal Service located at 4285 not just limited to his efforts on behalf

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.004 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2849 of his fellow letter carriers. Rather, Mr. LYNCH. I want to thank the gen- of Sam Houston on the 217th anniver- Mr. Cortese’s commitment to public tleman from Texas for his kind re- sary of his birth, as amended. service could be evidenced by his effort marks. And I would encourage my col- The Clerk read the title of the resolu- to benefit the entire San Jose commu- leagues to join the lead sponsor of this tion. nity. Specifically, in 1990, Mr. Cortese measure, ZOE LOFGREN from California, established a local food drive initia- in supporting H.R. 4543. The text of the resolution is as fol- tive, sponsored by the National Asso- Ms. ZOE LOFGREN of California. Mr. lows: ciation of Letter Carriers, that since Speaker, I rise in support of H.R. 4543, a bill H. RES. 1103 1991 has become a national food drive to designate the U.S. Post Office located at held every year on the first Saturday 4285 Payne Avenue in San Jose, California, Whereas Sam Houston was born at Timber Ridge Church, near Lexington, Virginia, on before Mother’s Day. as the Anthony J. Cortese Post Office. March 2, 1793; Regrettably, Mr. Cortese passed away For over four decades, Mr. Cortese was a on February 11, 2007. However, while Whereas Sam Houston as an enlisted sol- proud and dedicated employee of the United dier fought courageously in the War of 1812, Mr. Cortese is no longer with us, his States Postal Service. He was also a loving and after receiving three near-mortal memory and legacy of public service family man, respected community leader, and wounds at the Battle of Horseshoe Bend, rose will live on through his family, his a friend to many of us in local government. to the rank of first lieutenant; friends, his community, and of course Mr. Cortese was born in the East Bay and Whereas Sam Houston studied law, was ad- his fellow letter carriers. moved to Santa Clara County with his family mitted to the bar in 1818, and commenced Mr. Speaker, let us further honor the after his father went to work at the Ford Plant practice in Lebanon, Tennessee; life and legacy of this letter carrier and in Milpitas. A few years after graduating from Whereas Sam Houston became District At- former union president Anthony James Lick High School in San Jose, Mr. torney in 1819, Adjutant General of the State Cortese through the passage of H.R. Cortese started working as a letter carrier in in 1820, and Major General in 1821; Whereas Sam Houston was elected to the 4543, which will designate the postal fa- the downtown San Jose post office. cility located at 4285 Payne Avenue in United States Congress for the State of Ten- Mr. Cortese was a tireless advocate for let- nessee in 1823 and again in 1825 before serv- San Jose, California, in his honor. I ter carriers in the region and made a signifi- urge my colleagues to join me and the ing as Governor from 1827 to 1829; cant impact on his community. In addition to Whereas Sam Houston moved to Okla- bill sponsor, ZOE LOFGREN from Cali- his forty-two years with the Postal Service, Mr. homa, served as an advocate for Native fornia. Cortese served twenty-seven years as the American rights and a representative of the I reserve the balance of my time. Cherokee Nation, and then became a Cher- Mr. OLSON. Mr. Speaker, I yield my- president of the National Association of Letter Carriers Local 193. Under his leadership, okee citizen on October 21, 1829; self as much time as I may consume. Whereas Sam Houston moved to Texas in Mr. Speaker, I rise today in support Local 193 procured a building for its members, secured expanded health benefits, and pro- 1835 and joined the movement to establish of H.R. 4543, designating the facility of separate statehood for Texas; the United States Postal Service lo- vided an open forum for discussion with union Whereas Sam Houston was elected as the cated at 4285 Payne Avenue in San members, community advocates, Postal Serv- commander-in-chief of the armies of Texas Jose, California, as the Anthony J. ice supervisors, and local elected officials. in 1836; Cortese Post Office Building. Throughout his tenure, Mr. Cortese developed Whereas, on April 21, 1836, Sam Houston’s strong relationships with postal workers and forces defeated Mexican President and Gen- b 1415 management. eral Santa Anna, securing Texas’ long A graduate of James Lick High Mr. Cortese’s service was not limited to ad- sought independence; School in San Jose, Mr. Cortese started vocacy of union members, but extended into Whereas the city of Houston, Texas, was working as a letter carrier in his early the San Jose community and beyond. In 1990, named after then-President of the Republic twenties. He was known for his out- Mr. Cortese started a food drive program of Texas, Sam Houston, on June 5, 1837; going nature and ability to work col- through the Second Harvest Food Bank to Whereas Sam Houston was elected the first President of the Republic of Texas and laboratively to get things done, wheth- help needy families in the San Jose area. served 2 terms, followed by 2 years with the er he was resolving workplace issues or Under Mr. Cortese’s guidance, this program Texas Congress, after which he returned to organizing charitable work in the local served as a pilot for what would become a na- serve as President from 1841 to 1844; community. tional food drive sponsored by the National Whereas, after Texas joined the Union in As president of the National Letter Association of Letter Carriers. 1845, Sam Houston was elected Senator to Carriers Association Branch 193 for I urge all of my colleagues to join Congress- the United States Congress and served from over 26 years, Mr. Cortese had one of man MIKE HONDA and me to vote in favor of 1846 to 1859; the longest tenures of any local labor this bill to honor our good friend, Anthony J. Whereas Sam Houston once again resigned official. Not only did Mr. Cortese help Cortese. his position with Congress to serve as Gov- build membership of more than 1,000 Mr. LYNCH. Mr. Speaker, I yield ernor of Texas from 1859 to 1861; local postal workers into a political back the balance of my time. Whereas Sam Houston was deposed on March 18, 1861, because he refused to take force, he also helped to initiate a food The SPEAKER pro tempore. The the oath of allegiance to the Confederate drive in which letter carriers collected question is on the motion offered by States; donations for the Second Harvest Food the gentleman from Massachusetts Whereas Sam Houston died in Huntsville, Bank for families in the San Jose area. (Mr. LYNCH) that the House suspend Texas, on July 26, 1863, and was then interred This program served as a pilot for what the rules and pass the bill, H.R. 4543. in Oakwood Cemetery; ultimately became a national food The question was taken. Whereas Sam Houston is the only person in drive sponsored by the NALC. The pro- The SPEAKER pro tempore. In the United States history to have been the Gov- gram continues today and is just one of opinion of the Chair, two-thirds being ernor of 2 different States, Tennessee and the generous contributions Mr. Cortese in the affirmative, the ayes have it. Texas; made to his community and his coun- Mr. LYNCH. Mr. Speaker, on that I Whereas a memorial museum, U.S. Army base, national forest, historical park, univer- try. demand the yeas and nays. sity, and the largest free-standing statue of Sadly, this outstanding citizen of The yeas and nays were ordered. a United States figure recognize the life of San Jose died of a heart condition on The SPEAKER pro tempore. Pursu- Sam Houston; and February 11, 2007. He leaves behind his ant to clause 8 of rule XX and the Whereas Sam Houston still stands as a wife, Barbara; his daughter, Caroline; Chair’s prior announcement, further symbol for Texas solidarity and is one of the his sister, Mary; and his grandchildren, proceedings on this motion will be most significant individuals in the history of Austin and Ashley. postponed. Texas: Now, therefore, be it For his tireless efforts for his fellow f Resolved, That the House of Representa- postal workers and people in need tives honors the life and accomplishments of throughout the country, it is fitting HONORING THE LIFE AND ACCOM- PLISHMENTS OF SAM HOUSTON Sam Houston for his historical contributions that we name the post office in Tony to the expansion of the United States. Cortese’s honor. Mr. LYNCH. Mr. Speaker, I move to Mr. Speaker, I yield back the balance suspend the rules and agree to the reso- The SPEAKER pro tempore. Pursu- of my time. lution (H. Res. 1103) celebrating the life ant to the rule, the gentleman from

VerDate Nov 24 2008 04:44 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.006 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2850 CONGRESSIONAL RECORD — HOUSE April 26, 2010 Massachusetts (Mr. LYNCH) and the minated with the signing of the Treaty the wake of defeat at the Alamo on gentleman from Texas (Mr. OLSON) of Velasco, which recognized the Re- April 21, 1836, Houston rallied the ar- each will control 20 minutes. public of Texas. mies of Texas to victory, decisively de- The Chair recognizes the gentleman In recognition of his service, Mr. feating Santa Anna and the Mexican from Massachusetts. Houston was subsequently elected to Army at the Battle of San Jacinto, se- GENERAL LEAVE serve as the first President of the curing independence for Texas and his Mr. LYNCH. Mr. Speaker, I ask unan- Texas Republic, a position that he held heroic place in the Nation’s history. imous consent that all Members may from 1836 to 1838 and again from 1841 to Shortly after securing independence, have 5 legislative days within which to 1844. Fittingly, the city of Houston was Sam Houston was elected the first revise and extend their remarks and named after the President of the Texas President of the Republic of Texas, be- add any extraneous materials. Republic in 1837. ginning a long and successful career in The SPEAKER pro tempore. Is there Mr. Houston also served the Texas Texas politics. He went on to serve a objection to the request of the gen- Republic as a member of the Texas second term as President of the Repub- tleman from Massachusetts? Congress from 1838 to 1840, and upon lic before being elected as a United There was no objection. Texas’ admission as a State into the States Senator after statehood in 1845. Mr. LYNCH. Mr. Speaker, I yield my- Union, served as a United States Sen- In 1859, Houston continued his public self such time as I may consume. ator from the 31st through the 34th service when he was elected Governor Mr. Speaker, on behalf of the Com- Congresses. Mr. Houston would also of the State of Texas and became the mittee on Oversight and Government serve as Governor of the State of Texas only person in U.S. history to serve as Reform, I present House Resolution from 1859 to 1861, making him the only Governor in two States. 1103 for consideration. This resolution person in the United States to ever Though sometimes embroiled in con- honors the life and accomplishments of have served as the Governor of two dif- troversy, Sam Houston was a pas- Sam Houston for his historical con- ferent States. Notably, Mr. Houston’s sionate, dedicated statesman who tributions to the expansion of the tenure as a Texas Governor ended with played an important role in shaping United States. his refusal to take an oath of loyalty this great Nation. I urge my colleagues Introduced by my friend and col- to the Confederacy following Texas’ se- to support this resolution and honor league, Representative MIKE MCCAUL cession from the Union, an act that Mr. the accomplishments of this impor- of Texas, on February 24, 2010, House Houston deemed illegal. tant, if not heroic, figure in American Resolution 1103 was favorably reported Mr. Houston died on July 26, 1863, at history and the history of my home out of the Oversight Committee on the age of 70. Fittingly, his last words, State, the great State of Texas. April 14, 2010, by unanimous consent. In as spoken to his wife, Margaret, were Mr. GENE GREEN of Texas. Mr. Speaker, addition, the legislation enjoys the reportedly: ‘‘Texas, Texas, Margaret I rise today in support of H. Res. 1103—Cele- support of over 50 Members of Con- ... ’’ brating the life of Sam Houston on the 217th gress. Mr. Speaker, let us honor the lasting anniversary of his birth. Sam Houston was As we all know, Sam Houston, a 19th contributions of Sam Houston to the born March 2, 1793, in Tiber Ridge, Virginia. century American soldier, statesman State of Texas and our national history General Houston was an American states- and politician, played a pivotal role in through the passage of this resolution, man, politician, and soldier. He is a key figure the development of the State of Texas H. Res. 1103. in the history of Texas, including periods as as well as our collective national his- I urge my colleagues to join Mr. the 1st and 3rd president of the Republic of tory. As a soldier enlisted in the 7th In- MCCAUL of Texas in supporting H. Res. Texas, as Senator after annexation, and finally fantry Regiment, Private and then- 1103. as governor. First Lieutenant Houston fought cou- I reserve the balance of my time. In his early life, he moved to Tennessee, rageously in the Battle of 1812 during Mr. OLSON. Mr. Speaker, I rise in where he served in the military during the War which he received nearly mortal support of the resolution, and I yield of 1812 and later had a successful career in wounds at the Battle of Horseshoe myself such time as I may consume. Tennessee politics. A fight with a Congress- Bend in March of 1814. Mr. Speaker, I am honored to rise man led to his move to Texas, where he soon As a practicing attorney in the State today in support of H. Res. 1103, intro- became a leader of the Texas Revolution. of Tennessee, Mr. Houston served as a duced by a fellow Texan and colleague, Houston attended the Convention of 1833, district attorney in 1819, as the State’s Congressman MIKE MCCAUL, honoring representing Nacogdoches, and supported adjutant general in 1820, and then as a the life and accomplishments of Sam independence from Mexico. He was made a major general in 1821. Houston for his historical contribu- Major General of the Texas Army in Novem- As a United States Representative tions to the expansion of the United ber 1835, then Commander-in-Chief in March elected to the 18th and 19th Congresses, States. 1836, at the convention where he signed the Mr. Houston proudly represented the Sam Houston lived an amazing and Texas Declaration of Independence. State of Tennessee before his service as vibrant life. Shortly after moving to At the Battle of San Jacinto on April 21, the State’s Governor from 1827 to 1829. Tennessee from his home in the State 1836, General Houston surprised General As a subsequent resident of the State of Virginia, Sam was drawn to the Santa Ana and the Mexican forces, and in of Oklahoma, Mr. Houston served as a Cherokee Indians, a tribe that would less than 18 minutes, the battle was over. vocal advocate in support of Native have a profound impact on his life. General Santa Ana was forced to sign the American rights and in 1829 was recog- At the age of 19, Sam Houston en- Treaty of Velasco, granting Texas independ- nized as a member of the Cherokee Na- listed in the military to fight the Brit- ence. During the battle General Houston was tion by the Cherokee National Council. ish in the War of 1812, where he distin- shot, shattering his ankle. However, Mr. Houston is best known guished himself for his bravery and was The settlement of Houston was founded in for his relentless efforts to secure wounded several times in battle. After August 1836 by the Allen brothers. It was statehood for Texas. the war, his attention shifted to the named in Houston’s honor and served as cap- In 1835, Mr. Houston moved to the study of law. In 1823, he was elected to ital. Texas territory and promptly served as the first of two terms here in this body, Houston was twice elected president of the a member of the convention at San the United States Congress, before Republic of Texas. He served from October Felipe de Austin, a gathering of colo- being elected Governor to the State of 1836 to December 1838, and again from De- nists designed to promote and establish Tennessee in 1827. In 1828, Houston re- cember 1841 to December 1844. While he ini- separate statehood for Texas. One year signed from Tennessee politics, return- tially sought annexation by the U.S., he later, Mr. Houston was elected to serve ing to live with his longtime friends, dropped that hope during his first term. as commander in chief of the Texas the Cherokee Indians. After the annexation of Texas by the United army and in this capacity successfully In 1835, Sam Houston left the Cher- States in 1845, Houston was elected to the led his volunteer Texas forces against okee and his life in Tennessee and U.S. Senate. He served from February 1846 those of Mexican General Antonio moved to Texas, where he quickly until March 1859. Lopez de Santa Ana in the Battle of gained notoriety for his leadership in He twice ran for governor of Texas, unsuc- San Jacinto. Notably, the battle cul- seeking independence from Mexico. In cessfully in 1857 and successfully in 1859.

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 9920 E:\CR\FM\K26AP7.009 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2851 Despite Houston’s being a slave owner and The Chair recognizes the gentleman recorded versions earned Mr. Goodman against abolition, he opposed the secession of from Massachusetts. a posthumous Grammy Award in the Texas from the Union. GENERAL LEAVE Best Country Song category in 1985. Despite Houston’s wishes, Texas seceded Mr. LYNCH. Mr. Speaker, I ask unan- Mr. Goodman later received a second from the United States in February 1861 and imous consent that all Members may posthumous Grammy Award in the joined the Confederate States of America in have 5 legislative days within which to Best Contemporary Folk Album cat- March 1861. This act was soon branded illegal revise and extend their remarks and egory in 1988 for his critically ac- by Houston, but the Texas legislature never- add any extraneous materials. claimed album ‘‘Unfinished Business.’’ theless upheld the legitimacy of secession. The SPEAKER pro tempore. Is there Additionally, Mr. Goodman is well- The political forces that brought about Texas’s objection to the request of the gen- known for writing and performing a va- secession also were powerful enough to re- tleman from Massachusetts? riety of humorous songs about the City place the state’s Unionist governor. There was no objection. of Chicago, including ‘‘Daley’s Gone,’’ To avoid bloodshed, Governor Houston Mr. LYNCH. Mr. Speaker, I yield my- which is a eulogy of the late mayor chose not to resist, and instead retired to self such time as I may consume. Richard J. Daley, and ‘‘A Dying Cubs Huntsville, Texas, where he died before the Mr. Speaker, as chairman of the Fan’s Last Request,’’ also ‘‘When the end of the Civil War. Today, Governor Hous- House subcommittee with jurisdiction Cubs Go Marching In’’ and ‘‘Go, Cubs. ton has a memorial museum, a U.S. Army over the United States Postal Service, Go!’’ in honor of his beloved Chicago base, a national forest, a historical park, a uni- I am proud to present H.R. 4861 for con- Cubs. The latter song can be heard versity, and the largest free-standing statue of sideration. This legislation will des- playing on the loudspeakers at Wrigley an American figure, in his honor. ignate the facility of the United States Field after every Cubs’ home win. Mr. OLSON. Mr. Speaker, I yield Postal Service located at 1343 West Ir- In addition to his musical contribu- back the balance of my time. ving Park Road in Chicago, Illinois, as tions, Mr. Goodman is equally remem- Mr. LYNCH. Mr. Speaker, again I en- the ‘‘Steve Goodman Post Office Build- courage my colleagues to join Mr. bered for the courage and positivity ing.’’ that he always evidenced throughout MCCAUL and Mr. OLSON of Texas in sup- Introduced by my good friend and porting H. Res. 1103, and I yield back his 15-year battle with leukemia. While colleague, Representative MIKE Mr. Goodman was diagnosed with the the balance of my time. QUIGLEY of Chicago, on March 16, 2010, The SPEAKER pro tempore. The disease at the early age of 20, in the H.R. 4861 was favorably reported out of words of the Chicago Tribune, he was question is on the motion offered by the Oversight and Government Reform the gentleman from Massachusetts always ‘‘a little guy with a huge smile, Committee on April 14, 2010 by unani- and he was Chicago.’’ (Mr. LYNCH) that the House suspend mous consent. In addition, this legisla- the rules and agree to the resolution, tion enjoys the support of the entire Il- Regrettably, Mr. Goodman passed H. Res. 1103, as amended. linois House delegation. away on September 20, 1984, at the age The question was taken. of 36. Four days after his death, the The SPEAKER pro tempore. In the b 1430 Cubs clinched the National League’s opinion of the Chair, two-thirds being A beloved native of the City of Chi- Eastern Division title, and on October in the affirmative, the ayes have it. cago, American folk singer and song- 2, 1984, they played their first post-sea- Mr. LYNCH. Mr. Speaker, on that I writer Steve Goodman was born on son game since the 1945 World Series. demand the yeas and nays. July 25, 1948, on Chicago’s north side. While Mr. Goodman had been asked to The yeas and nays were ordered. Mr. Goodman graduated from Maine sing the national anthem for the occa- The SPEAKER pro tempore. Pursu- East High School in Park Ridge, Illi- sion, Jimmy Buffet performed the ant to clause 8 of rule XX and the nois, in 1965, and subsequently enrolled ‘‘Star-Spangled Banner’’ in his absence Chair’s prior announcement, further at the University of Illinois. and dedicated the song to Mr. Good- proceedings on this motion will be After 1 year, Mr. Goodman left the man, whose ashes were subsequently postponed. University of Illinois in order to pursue scattered at Wrigley Field. f a musical career. In 1968, he began per- Mr. Speaker, let us honor the life and STEVE GOODMAN POST OFFICE forming at the famed Earl of Old Town legacy of Mr. Goodman through the BUILDING folk club in Chicago’s Old Town neigh- passage of this legislation, H.R. 4861, to borhood where he first attracted a Mr. LYNCH. Mr. Speaker, I move to designate the West Irving Park Road large popular following and where he suspend the rules and pass the bill Post Office in his honor. I urge my col- soon became a regular performer (H.R. 4861) to designate the facility of leagues to join Mr. QUIGLEY of Chicago throughout the city. Mr. Goodman’s the United States Postal Service lo- in supporting H.R. 4861. subsequent and distinguished musical cated at 1343 West Irving Park Road in I reserve the balance of my time. career evidenced his dual mastery of Chicago, Illinois, as the ‘‘Steve Good- Mr. OLSON. I yield myself such time songwriting and performance as well as man Post Office Building’’. as I may consume. his genuine devotion to his hometown, The Clerk read the title of the bill. Mr. Speaker, I rise today in support The text of the bill is as follows: and he left an indelible mark on both American folk music and on the city of of H.R. 4861, designating the facility of H.R. 4861 Chicago. the United States Post Office, located Be it enacted by the Senate and House of Rep- As noted by the Chicago Tribune ear- at 1343 West Irving Park Road in Chi- resentatives of the United States of America in lier this month, Mr. Goodman’s collec- cago, Illinois, as the ‘‘Steve Goodman Congress assembled, Post Office Building.’’ SECTION 1. STEVE GOODMAN POST OFFICE tion of songs told ‘‘wondrous, intricate BUILDING. stories,’’ and ‘‘if you were a fan and Born on July 25, 1948, in Chicago, Illi- (a) DESIGNATION.—The facility of the you lived in Chicago when he was alive, nois, Steve Goodman began his lifelong United States Postal Service located at 1343 you couldn’t help but feel like he was a musical career as a teenager. After West Irving Park Road in Chicago, Illinois, private pleasure.’’ graduating from Maine East High shall be known and designated as the ‘‘Steve Notably, Mr. Goodman released 10 School in 1965, Mr. Goodman entered Goodman Post Office Building’’. folk music albums during his life, the University of Illinois and started a (b) REFERENCES.—Any reference in a law, band called The Juicy Fruits with map, regulation, document, paper, or other which were followed by five post- record of the United States to the facility re- humous releases. Included among his friends from the Sigma Alpha Mu fra- ferred to in subsection (a) shall be deemed to most enduring songs was the ‘‘City of ternity. be a reference to the ‘‘Steve Goodman Post New Orleans,’’ a song about the Illinois After 1 year, he left college to pursue Office Building’’. Central’s City of New Orleans train his musical career full time. He was a The SPEAKER pro tempore. Pursu- that was recorded by Arlo Guthrie and regular performer in Chicago, and often ant to the rule, the gentleman from which became a top 20 hit in 1972. The supported himself by singing commer- Massachusetts (Mr. LYNCH) and the song would also become an American cials. He often performed, but he was gentleman from Texas (Mr. OLSON) standard, covered by such musicians as known as an excellent and influential each will control 20 minutes. Johnny Cash and , whose songwriter. Known more prominently

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.007 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2852 CONGRESSIONAL RECORD — HOUSE April 26, 2010 in folk music circles than in commer- man whose music was always imbued with [Roll No. 221] cial venues, Mr. Goodman’s music rep- emotions and scenes of everyday life. YEAS—370 resented a chronicle of the times, in- I urge the swift passage of this legislation. Ackerman Doggett Lee (CA) cluding his many, many humorous Mr. LYNCH. Mr. Speaker, I yield Aderholt Donnelly (IN) Lee (NY) songs about Chicago. back the balance of my time. Adler (NJ) Doyle Levin His legendary creation of the ‘‘City The SPEAKER pro tempore. The Akin Dreier Lewis (CA) of New Orleans’’ got the attention of question is on the motion offered by Alexander Driehaus Lewis (GA) Altmire Duncan Linder top recording artists, such as Arlo the gentleman from Massachusetts Andrews Edwards (MD) LoBiondo Guthrie, Johnny Cash, Judy Collins, (Mr. LYNCH) that the House suspend Arcuri Edwards (TX) Loebsack Chet Atkins, and Willie Nelson, who all the rules and pass the bill, H.R. 4861. Austria Ehlers Lofgren, Zoe recorded this much-loved song. He was The question was taken. Baca Ellison Lowey Bachmann Ellsworth Lucas also known as a diehard Cubs fan, and The SPEAKER pro tempore. In the Bachus Emerson Luetkemeyer his songs were often played at Wrigley opinion of the Chair, two-thirds being Baird Engel Luja´ n Field. In 1984, his beloved Cubs won the in the affirmative, the ayes have it. Baldwin Eshoo Lummis Eastern Division title in the National Barrow Etheridge Lungren, Daniel Mr. LYNCH. Mr. Speaker, on that I Bartlett Farr E. League for the first time. demand the yeas and nays. Barton (TX) Fattah Lynch Sadly, Mr. Goodman died of leukemia The yeas and nays were ordered. Bean Filner Maloney before he could sing the ‘‘Star-Span- The SPEAKER pro tempore. Pursu- Berkley Flake Manzullo Berman Forbes Marchant gled Banner’’ for that first divisional ant to clause 8 of rule XX and the Biggert Fortenberry Markey (CO) post-season game. He was 36 years old. Chair’s prior announcement, further Bilbray Foster Markey (MA) Jimmy Buffet filled in, dedicating the proceedings on this motion will be Bilirakis Foxx Marshall song to Mr. Goodman. Subsequently, Bishop (NY) Frank (MA) Matheson postponed. Bishop (UT) Franks (AZ) Matsui some of Mr. Goodman’s ashes were f Blackburn Frelinghuysen McCarthy (CA) scattered at Wrigley Field. Blumenauer Gallegly McCarthy (NY) I appreciate the opportunity to rec- RECESS Blunt Garamendi McCaul Boccieri Garrett (NJ) McClintock ognize this man of Chicago, Steve The SPEAKER pro tempore. Pursu- Boehner Gerlach McCollum Goodman, who is world renowned for ant to clause 12(a) of rule I, the Chair Bonner Giffords McCotter his many musical accomplishments. declares the House in recess until ap- Bono Mack Gonzalez McDermott Mr. Speaker, I yield back the balance Boozman Goodlatte McGovern proximately 6:30 p.m. today. Boren Gordon (TN) McHenry of my time. Accordingly (at 2 o’clock and 37 min- Boswell Granger McIntyre Mr. LYNCH. I thank the gentleman utes p.m.), the House stood in recess Boucher Graves McKeon Boustany Grayson McMahon from Texas for his kind remarks, and I until approximately 6:30 p.m. urge my colleagues to join with the Boyd Green, Al McMorris f Braley (IA) Green, Gene Rodgers gentleman from Chicago, Illinois, Con- Bright Griffith McNerney gressman MIKE QUIGLEY, in supporting b 1830 Broun (GA) Guthrie Meek (FL) H.R. 4861. Brown (SC) Hall (NY) Meeks (NY) AFTER RECESS Brown-Waite, Hall (TX) Melancon Mr. QUIGLEY. Mr. Speaker, I rise today in Ginny Halvorson Mica support of H.R. 4861, a resolution to name the The recess having expired, the House Buchanan Hare Michaud Post Office at 1343 West Irving Park Road was called to order by the Speaker pro Burgess Harper Miller (FL) after Steve Goodman. Burton (IN) Hastings (FL) Miller (MI) tempore (Mrs. HALVORSON) at 6 o’clock Butterfield Hastings (WA) Miller (NC) Steve Goodman was a true Chicagoan, a and 30 minutes p.m. Buyer Heinrich Miller, Gary legendary folk singer and songwriter and a Calvert Heller Miller, George faithful Cubs fan. f Camp Hensarling Minnick Campbell Herger Mitchell Sadly, Goodman succumbed to leukemia in ANNOUNCEMENT BY THE SPEAKER Cantor Herseth Sandlin Moore (KS) 1984 at the young age of 36 after a coura- PRO TEMPORE Capito Hill Moran (KS) geous 15-year battle with the disease. Capps Himes Murphy (CT) Over the course of his illness, Goodman The SPEAKER pro tempore. Pursu- Cardoza Hinojosa Murphy (NY) Carnahan Hirono Murphy, Patrick wrote some of the most enduring American ant to clause 8 of rule XX, proceedings will resume on motions to suspend the Carney Hodes Murphy, Tim folk songs, including ‘‘The City of New Orle- Carson (IN) Holden Myrick ans,’’ for which he won one of his two rules previously postponed. Carter Holt Nadler (NY) Votes will be taken in the following Cassidy Honda Napolitano Grammy awards, and the great Chicago tune Castle Hoyer Neugebauer ‘‘Lincoln Park Pirates.’’ order: H.R. 4543, by the yeas and nays; Chaffetz Hunter Nunes Goodman’s career was inexorably inter- Chandler Inslee Nye twined with Chicago’s Old Town School of House Resolution 1103, by the yeas Childers Issa Oberstar Folk Music, where he learned his craft and and nays; Chu Jackson (IL) Obey H.R. 4861, by the yeas and nays. Clarke Jackson Lee Olson and befriended folk music luminaries such as Clay (TX) Olver Roger McGuinn of the Byrds, Bob Gibson, The first electronic vote will be con- Cleaver Jenkins Ortiz Bonnie Koloc, and John Prine. ducted as a 15-minute vote. Remaining Clyburn Johnson (GA) Owens Coffman (CO) Johnson, E. B. Pallone While older Goodman fans are no doubt electronic votes will be conducted as 5- minute votes. Cohen Johnson, Sam Pastor (AZ) aware of his connection to the Cubs, best ex- Cole Jones Paul emplified by his song ‘‘A Dying Cubs Fan’s f Conaway Jordan (OH) Paulsen Last Request,’’ in recent years younger gen- Connolly (VA) Kagen Payne ANTHONY J. CORTESE POST Conyers Kanjorski Pence erations have come to know Steve Goodman OFFICE BUILDING Cooper Kennedy Perlmutter as the writer and performer of ‘‘Go, Cubs, Costello Kildee Perriello Go,’’ the anthem played at Wrigley Field fol- The SPEAKER pro tempore. The un- Courtney Kilroy Peters Crenshaw Kind Peterson lowing Cubs’ wins. finished business is the vote on the mo- Crowley King (IA) Petri Steve’s spirit lives on after every Cubs tion to suspend the rules and pass the Cuellar King (NY) Pingree (ME) home win, as thousands of fans happily head bill, H.R. 4543, on which the yeas and Culberson Kingston Pitts nays were ordered. Dahlkemper Kirkpatrick (AZ) Platts home from Wrigley singing, ‘‘Go Cubs, Go Davis (CA) Klein (FL) Poe (TX) ... ’’ The Clerk read the title of the bill. Davis (KY) Kline (MN) Polis (CO) With the passage of this legislation, it’s pos- The SPEAKER pro tempore. The Davis (TN) Kratovil Pomeroy sible that the strains of this happy tune will be question is on the motion offered by DeFazio Kucinich Posey DeGette Lamborn Price (NC) heard on the steps of the Steve Goodman the gentleman from Massachusetts Delahunt Lance Putnam Post Office, not a mile up Clark Street from (Mr. LYNCH) that the House suspend DeLauro Langevin Quigley Wrigley Field. the rules and pass the bill, H.R. 4543. Dent Larsen (WA) Radanovich Naming the Post Office at 1343 West Irving The vote was taken by electronic de- Deutch Larson (CT) Rahall Diaz-Balart, L. Latham Rangel Park Road after Steve Goodman is a small vice, and there were—yeas 370, nays 0, Diaz-Balart, M. LaTourette Rehberg but fitting way to honor the life and work of a not voting 60, as follows: Dicks Latta Reichert

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.013 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2853 Reyes Serrano Tiberi the gentleman from Massachusetts Nye Ros-Lehtinen Spratt Richardson Sessions Tierney Oberstar Roskam Stark (Mr. LYNCH) that the House suspend Rodriguez Sestak Titus Obey Ross Stearns Roe (TN) Shea-Porter Tonko the rules and agree to the resolution, Olson Rothman (NJ) Sullivan Rogers (AL) Sherman Tsongas H. Res. 1103, as amended. Olver Roybal-Allard Sutton Rogers (KY) Shimkus Turner This will be a 5-minute vote. Ortiz Royce Tanner Rogers (MI) Shuler Owens Ryan (OH) Taylor Upton The vote was taken by electronic de- Rooney Shuster Van Hollen Pallone Ryan (WI) Teague Ros-Lehtinen Sires Pastor (AZ) Salazar Terry Vela´ zquez vice, and there were—yeas 375, nays 0, Roskam Skelton Paul Sa´ nchez, Linda Thompson (CA) Visclosky not voting 55, as follows: Ross Slaughter Paulsen T. Thompson (MS) Walden Rothman (NJ) Smith (NE) [Roll No. 222] Payne Sarbanes Thompson (PA) Walz Roybal-Allard Smith (NJ) YEAS—375 Pence Scalise Thornberry Royce Smith (TX) Wasserman Perlmutter Schakowsky Tiberi Ryan (WI) Smith (WA) Schultz Ackerman Davis (CA) Kagen Perriello Schauer Tierney Salazar Snyder Waters Aderholt Davis (KY) Kanjorski Peters Schiff Titus Sa´ nchez, Linda Space Watson Adler (NJ) Davis (TN) Kennedy Peterson Schmidt Tonko T. Spratt Watt Akin DeFazio Kildee Petri Schock Tsongas Sarbanes Stark Waxman Alexander DeGette Kilroy Pingree (ME) Schrader Turner Scalise Stearns Welch Altmire Delahunt Kind Pitts Schwartz Upton Schakowsky Sullivan Westmoreland Andrews DeLauro King (IA) Platts Scott (GA) Van Hollen Arcuri Schauer Sutton Whitfield Dent King (NY) Poe (TX) Scott (VA) Vela´ zquez Austria Deutch Kingston Schiff Tanner Wilson (OH) Polis (CO) Sensenbrenner Visclosky Baca Diaz-Balart, L. Kirkpatrick (AZ) Schmidt Taylor Wilson (SC) Pomeroy Serrano Walden Schock Teague Bachmann Diaz-Balart, M. Klein (FL) Posey Sessions Walz Wittman Bachus Dicks Kline (MN) Schrader Terry Wolf Price (NC) Sestak Wasserman Schwartz Baird Doggett Kosmas Thompson (CA) Wu Putnam Shea-Porter Schultz Scott (GA) Thompson (MS) Baldwin Donnelly (IN) Kratovil Quigley Sherman Waters Yarmuth Scott (VA) Thompson (PA) Barrow Doyle Kucinich Radanovich Shimkus Watson Young (AK) Sensenbrenner Thornberry Bartlett Dreier Lamborn Rahall Shuler Watt Barton (TX) Driehaus Lance Rangel Shuster Waxman NOT VOTING—60 Bean Duncan Langevin Rehberg Sires Welch Barrett (SC) Gohmert Moran (VA) Berkley Edwards (MD) Larsen (WA) Reichert Skelton Westmoreland Becerra Grijalva Neal (MA) Berman Edwards (TX) Larson (CT) Reyes Slaughter Whitfield Berry Gutierrez Pascrell Biggert Ehlers Latham Richardson Smith (NE) Wilson (OH) Bishop (GA) Harman Price (GA) Bilbray Ellison LaTourette Rodriguez Smith (NJ) Wilson (SC) Brady (PA) Higgins Rohrabacher Bilirakis Ellsworth Latta Roe (TN) Smith (TX) Wittman Brady (TX) Hinchey Ruppersberger Bishop (GA) Emerson Lee (CA) Rogers (AL) Smith (WA) Wolf Brown, Corrine Hoekstra Rush Bishop (NY) Engel Lee (NY) Rogers (KY) Snyder Wu Cao Inglis Ryan (OH) Bishop (UT) Eshoo Levin Rogers (MI) Space Yarmuth Capuano Israel Sanchez, Loretta Blackburn Etheridge Lewis (CA) Rooney Speier Young (AK) Blumenauer Farr Lewis (GA) Castor (FL) Johnson (IL) Shadegg NOT VOTING—55 Coble Kaptur Simpson Blunt Fattah Linder Costa Kilpatrick (MI) Souder Boccieri Filner LoBiondo Barrett (SC) Grijalva Neal (MA) Cummings Kirk Speier Boehner Flake Loebsack Becerra Gutierrez Pascrell Davis (AL) Kissell Stupak Bonner Forbes Lofgren, Zoe Berry Harman Price (GA) Bono Mack Fortenberry Lowey Davis (IL) Kosmas Tiahrt Brady (PA) Higgins Rohrabacher Boozman Foster Lucas Dingell Lipinski Towns Brady (TX) Hinchey Ruppersberger Fallin Mack Wamp Boren Foxx Luetkemeyer Brown, Corrine Hoekstra ´ Rush Fleming Maffei Weiner Boswell Frank (MA) Lujan Cao Inglis Boucher Franks (AZ) Lummis Sanchez, Loretta Fudge Mollohan Woolsey Capuano Israel Shadegg Boustany Frelinghuysen Lungren, Daniel Castor (FL) Johnson (IL) Gingrey (GA) Moore (WI) Young (FL) Simpson Boyd Gallegly E. Coble Kaptur Souder b 1858 Braley (IA) Garamendi Lynch Cummings Kilpatrick (MI) Stupak Bright Garrett (NJ) Maloney Davis (AL) Kirk So (two-thirds being in the affirma- Broun (GA) Gerlach Manzullo Davis (IL) Kissell Tiahrt tive) the rules were suspended and the Brown (SC) Giffords Marchant Dingell Lipinski Towns bill was passed. Brown-Waite, Gonzalez Markey (CO) Fallin Mack Wamp Ginny Goodlatte Markey (MA) The result of the vote was announced Fleming Maffei Weiner Buchanan Gordon (TN) Marshall Fudge Mollohan Woolsey as above recorded. Burgess Granger Matheson Gingrey (GA) Moore (WI) Young (FL) A motion to reconsider was laid on Burton (IN) Graves Matsui Gohmert Moran (VA) Butterfield Grayson McCarthy (CA) the table. Buyer Green, Al McCarthy (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE f Calvert Green, Gene McCaul The SPEAKER pro tempore (during Camp Griffith McClintock the vote). Members are advised there SENATE ENROLLED BILL SIGNED Campbell Guthrie McCollum are 2 minutes left to vote. The Speaker announced her signa- Cantor Hall (NY) McCotter Capito Hall (TX) McDermott ture to an enrolled bill of the Senate of Capps Halvorson McGovern b 1907 the following title: Cardoza Hare McHenry So (two-thirds being in the affirma- S. 1963. An act to amend title 38, United Carnahan Harper McIntyre tive) the rules were suspended and the Carney Hastings (FL) McKeon States Code, to provide assistance to care- Carson (IN) Hastings (WA) McMahon resolution, as amended, was agreed to. givers of veterans, to improve the provision Carter Heinrich McMorris The result of the vote was announced of health care to veterans, and for other pur- Cassidy Heller Rodgers as above recorded. poses. Castle Hensarling McNerney The title of the resolution was Chaffetz Herger Meek (FL) f Chandler Herseth Sandlin Meeks (NY) amended so as to read: ‘‘Honoring the HONORING THE LIFE AND ACCOM- Childers Hill Melancon life and accomplishments of Sam Hous- PLISHMENTS OF SAM HOUSTON Chu Himes Mica ton for his historical contributions to Clarke Hinojosa Michaud the expansion of the United States.’’. The SPEAKER pro tempore. Without Clay Hirono Miller (FL) Cleaver Hodes Miller (MI) A motion to reconsider was laid on objection, 5-minute voting will con- Clyburn Holden Miller (NC) the table. tinue. Coffman (CO) Holt Miller, Gary f There was no objection. Cohen Honda Miller, George The SPEAKER pro tempore. The un- Cole Hoyer Minnick STEVE GOODMAN POST OFFICE Conaway Hunter Mitchell finished business is the vote on the mo- Connolly (VA) Inslee Moore (KS) BUILDING tion to suspend the rules and agree to Conyers Issa Moran (KS) The SPEAKER pro tempore. The un- the resolution, H. Res. 1103, as amend- Cooper Jackson (IL) Murphy (CT) finished business is the vote on the mo- Costa Jackson Lee Murphy (NY) ed, on which the yeas and nays were or- Costello (TX) Murphy, Patrick tion to suspend the rules and pass the dered. Courtney Jenkins Murphy, Tim bill, H.R. 4861, on which the yeas and The Clerk read the title of the resolu- Crenshaw Johnson (GA) Myrick nays were ordered. tion. Crowley Johnson, E. B. Nadler (NY) The Clerk read the title of the bill. Cuellar Johnson, Sam Napolitano The SPEAKER pro tempore. The Culberson Jones Neugebauer The SPEAKER pro tempore. The question is on the motion offered by Dahlkemper Jordan (OH) Nunes question is on the motion offered by

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.008 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2854 CONGRESSIONAL RECORD — HOUSE April 26, 2010 the gentleman from Massachusetts Owens Roybal-Allard Stearns ARIZONA’S IMMIGRATION LAW Pallone Royce Sullivan (Mr. LYNCH) that the House suspend Pastor (AZ) Ryan (OH) Sutton (Mr. BACA asked and was given per- the rules and pass the bill, H.R. 4861. Paul Ryan (WI) Tanner mission to address the House for 1 This will be a 5-minute vote. Paulsen Salazar Taylor minute.) Payne Sa´ nchez, Linda The vote was taken by electronic de- Teague Mr. BACA. Madam Speaker, last Fri- Pence T. Terry vice, and there were—yeas 371, nays 0, Perlmutter Sarbanes Thompson (CA) day, Arizona State Governor Jan Brew- not voting 59, as follows: Perriello Scalise Thompson (MS) er signed into law Arizona State bill Peters Schakowsky Thompson (PA) [Roll No. 223] Peterson Schauer 1070 which would require police officers Thornberry to act on ‘‘reasonable suspicion’’ to de- YEAS—371 Petri Schiff Tiberi Pingree (ME) Schmidt Tierney termine a person’s immigration status Ackerman Davis (TN) Kilroy Pitts Schock Aderholt DeFazio Kind Titus and turn them over to ICE. President Platts Schrader Tonko Adler (NJ) DeGette King (IA) Poe (TX) Schwartz Obama referred to the law as ‘‘mis- Tsongas Akin Delahunt King (NY) Polis (CO) Scott (GA) guided.’’ Turner Alexander DeLauro Kingston Pomeroy Scott (VA) Upton Forcing Federal immigration duties Altmire Dent Kirkpatrick (AZ) Posey Sensenbrenner Van Hollen onto local law enforcement officers is Andrews Deutch Klein (FL) Price (NC) Serrano Vela´ zquez Arcuri Diaz-Balart, L. Kline (MN) Putnam Sessions not the right way to fix the broken im- Austria Diaz-Balart, M. Kosmas Quigley Sestak Visclosky migration system. It violates the pre- Walden Baca Dicks Kratovil Radanovich Shea-Porter sumption of innocence granted to ev- Bachmann Doggett Kucinich Rahall Sherman Walz Bachus Donnelly (IN) Lamborn Rangel Shimkus Wasserman eryone by the Constitution of the Baird Doyle Lance Rehberg Shuler Schultz United States. Baldwin Dreier Langevin Reichert Shuster Watson In fact, I as a Member of Congress be- Barrow Driehaus Larsen (WA) Reyes Sires Watt cause of the color of my skin may be Bartlett Duncan Larson (CT) Richardson Skelton Waxman Barton (TX) Edwards (MD) Latham Rodriguez Slaughter Welch approached in Arizona and be asked for Bean Edwards (TX) LaTourette Roe (TN) Smith (NE) Westmoreland my legal documentation. They may Berkley Ehlers Latta Rogers (AL) Smith (NJ) Whitfield question whether it’s authentic or not Berman Ellison Lee (CA) Rogers (KY) Smith (TX) Wilson (OH) authentic. Biggert Ellsworth Lee (NY) Rogers (MI) Smith (WA) Wilson (SC) Bilbray Emerson Levin Rooney Snyder Wittman This law is unjust and will only lead Bilirakis Engel Lewis (CA) Ros-Lehtinen Space Wolf to an increase in racial profiling. We Bishop (GA) Eshoo Lewis (GA) Roskam Speier Wu must never forget that America was a Bishop (NY) Etheridge Linder Ross Spratt Yarmuth Bishop (UT) Farr LoBiondo Rothman (NJ) Stark Young (AK) nation founded by immigrants. Blackburn Fattah Loebsack I call on all of us to consider a na- Blumenauer Filner Lofgren, Zoe NOT VOTING—59 tional boycott of all industries in Ari- Blunt Flake Lowey Barrett (SC) Gohmert Neal (MA) zona and to a wear a band on our Boccieri Forbes Lucas Becerra Grijalva Olson Boehner sleeves to protest against this unjust Fortenberry Luetkemeyer Berry Gutierrez Pascrell Bonner Foster Luja´ n Brady (PA) Harman Price (GA) law and to show that this is not the Bono Mack Foxx Lummis Brady (TX) Higgins Rohrabacher American way. We must not tolerate Boozman Frank (MA) Lungren, Daniel Brown, Corrine Hinchey Ruppersberger unjust laws inspired by racism and Boren Frelinghuysen E. Buyer Hoekstra Boswell Gallegly Lynch Rush hate. Cao Inglis Sanchez, Loretta Boucher Garamendi Maloney Capuano Israel Shadegg f Boustany Garrett (NJ) Manzullo Castor (FL) Johnson (IL) Simpson Boyd Gerlach Marchant Coble Kaptur IN SUPPORT OF H.R. 2499, THE Souder Braley (IA) Giffords Markey (CO) Cummings Kilpatrick (MI) PUERTO RICO DEMOCRACY ACT Bright Gonzalez Markey (MA) Davis (AL) Kirk Stupak Broun (GA) Goodlatte Marshall Davis (IL) Kissell Tiahrt (Ms. ROS-LEHTINEN asked and was Brown (SC) Gordon (TN) Matheson Dingell Lipinski Towns given permission to address the House Brown-Waite, Granger Matsui Fallin Mack Wamp Ginny Graves McCarthy (CA) Fleming Maffei Waters for 1 minute and to revise and extend Buchanan Grayson McCarthy (NY) Franks (AZ) Mollohan Weiner her remarks.) Burgess Green, Al McCaul Fudge Moore (WI) Woolsey Ms. ROS-LEHTINEN. Madam Speak- Burton (IN) Green, Gene McClintock Gingrey (GA) Moran (VA) Young (FL) Butterfield Griffith McCollum er, on Wednesday, the House will con- Calvert Guthrie McCotter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE sider H.R. 2499, the Puerto Rico Democ- Camp Hall (NY) McDermott The SPEAKER pro tempore (during racy Act. I am proud to support this bi- Campbell Hall (TX) McGovern the vote). There are 2 minutes left to partisan bill which would allow the Cantor Halvorson McHenry Capito Hare McIntyre vote. residents of Puerto Rico the oppor- Capps Harper McKeon b 1914 tunity to voice their opinions on the Cardoza Hastings (FL) McMahon status of the island’s relationship to Carnahan Hastings (WA) McMorris So (two-thirds being in the affirma- the mainland, to the United States, Carney Heinrich Rodgers tive) the rules were suspended and the Carson (IN) Heller McNerney through a federally sanctioned plebi- Carter Hensarling Meek (FL) bill was passed. scite. The result of the vote was announced Cassidy Herger Meeks (NY) Nearly 4 million U.S. citizens cur- Castle Herseth Sandlin Melancon as above recorded. rently reside in Puerto Rico and my Chaffetz Hill Mica A motion to reconsider was laid on Chandler Himes Michaud the table. congressional district in South Florida Childers Hinojosa Miller (FL) is home to nearly 20,000 American citi- Chu Hirono Miller (MI) f Clarke Hodes Miller (NC) zens of Puerto Rican descent. Clay Holden Miller, Gary PERSONAL EXPLANATION Although Puerto Rico has been a U.S. Cleaver Holt Miller, George Ms. KILPATRICK of Michigan. Madam territory for more than 100 years, Con- Clyburn Honda Minnick gress has never asked those American Coffman (CO) Hoyer Mitchell Speaker, I was unable to attend to several Cohen Hunter Moore (KS) votes today. Had I been present, I would have citizens residing in Puerto Rico to ex- Cole Inslee Moran (KS) voted ‘‘aye’’ on final passage of H.R. 4543, press their opinion on the territory’s Conaway Issa Murphy (CT) ‘‘aye’’ on final passage of H. Res. 1103, and political status. This bill does not ex- Connolly (VA) Jackson (IL) Murphy (NY) clude any viable status option nor does Conyers Jackson Lee Murphy, Patrick ‘‘aye’’ on final passage of H.R. 4861. Cooper (TX) Murphy, Tim f it provide for a change in status to be Costa Jenkins Myrick automatically implemented. Instead, Costello Johnson (GA) Nadler (NY) PERSONAL EXPLANATION the bill initiates a long overdue process Courtney Johnson, E. B. Napolitano Crenshaw Johnson, Sam Neugebauer Mr. GUTIERREZ. Madam Speaker, I was of consultation with the U.S. citizens Crowley Jones Nunes unavoidably absent for votes in the House of Puerto Rico. Cuellar Jordan (OH) Nye Chamber today. I would like the RECORD to I urge my colleagues to join me in Culberson Kagen Oberstar show that, had I been present, I would have supporting the Puerto Rico Democracy Dahlkemper Kanjorski Obey Davis (CA) Kennedy Olver voted ‘‘yea’’ on rollcall votes 221, 222, and Act when it comes to a vote later this Davis (KY) Kildee Ortiz 223. week.

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.020 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2855 REMOVAL OF NAME OF MEMBER the United States during 2010 to 2019 tism, we have a responsibility to sup- AS COSPONSOR OF H.R. 4753 would increase by about 0.9 percent. port research and provide resources to Mr. JOHNSON of Georgia. Madam The additional demand for health serv- support those living with autism. Stud- Speaker, I ask unanimous consent to ices could lead to price increases, cost- ies have shown that early diagnosis remove myself as a cosponsor of H.R. shifting, and/or changes in providers’ and treatment can lead to better out- comes for children with autism. In 4753, the Stationary Source Regula- willingness to treat patients with low- fact, early identification and treat- tions Delay Act. reimbursement health coverage.’’ The new health care law will drive up ment can help reduce the symptoms of The SPEAKER pro tempore. Is there costs and make it more difficult for autism, increase progress for children objection to the request of the gen- many Americans, especially seniors, to as they enter school and reduce the tleman from Georgia? get the care they need. need for more intensive support in the There was no objection. f future. f But to do that, we must work hard to REMEMBERING SERGEANT JASON increase the awareness of autism OCCUPATIONAL THERAPY MONTH A. SANTORA across the country. That’s why I’m (Mr. MCNERNEY asked and was (Mr. BISHOP of New York asked and proud to be an original cosponsor of given permission to address the House was given permission to address the House Resolution 1033, which officially for 1 minute.) House for 1 minute.) designates April as Autism Awareness Mr. MCNERNEY. Madam Speaker, I Mr. BISHOP of New York. Madam Month. I look forward to working with rise to recognize April as Occupational Speaker, I rise with a heavy heart fol- my colleagues in the days and months Therapy Month, an important occasion lowing the loss of Army Sergeant ahead on both sides of the aisle to to acknowledge the contributions that Jason A. Santora, who was killed this bringing awareness to this important occupational therapists and occupa- past Friday fighting Taliban insur- effort going forward. tional therapy assistants make every gents in Afghanistan. f day to help people live healthier lives. Sergeant Santora was from RECOGNIZING 85TH ANNIVERSARY Occupational therapy professionals Farmingville, New York, in my district OF WHBC RADIO work tirelessly with people of all ages of eastern Long Island. He graduated to them prevent injuries, recover after from Sachem High School in 2003 and (Mr. BOCCIERI asked and was given an accident, and adjust their lives to joined the Army in 2006, becoming a permission to address the House for 1 new physical challenges they may ex- member of the elite Army Rangers. minute and to revise and extend his re- perience. In my home State, occupa- He was assigned to the 3rd Battalion, marks.) tional therapy professionals provide es- 75th Ranger Regiment at Fort Benning. Mr. BOCCIERI. Madam Speaker, I sential health and rehabilitation serv- Although only 25 years old, he was rise today in recognition of the 85th ices to thousands of Californians each serving his fourth tour of duty. He anniversary of WHBC-AM Radio, the oldest radio station in Stark County year. In facilities throughout my dis- served two in Iraq and was 2 months into his second tour as a team leader in and Canton, Ohio. trict like Lodi Memorial Hospital and Founded in 1925, WHBC was the first the Kaiser Foundation Hospital in Afghanistan’s Logar Province. Sergeant Santora’s unit was on a Catholic station in the country. It Manteca, skilled occupational therapy later changed formats and quickly be- practitioners help my constituents mission to target a compound believed to be a Taliban terror nest when it was came one of the shining, trusted voices achieve functional independence every of northeast Ohio. In the golden age of day. ambushed from multiple directions by heavy machine-gun fire. He died of broadcasting, parents and children I ask my colleagues to join me in would gather around the radio and lis- supporting April as Occupational Ther- wounds sustained in that gunfire and was posthumously awarded the Purple ten to WHBC. apy Month and in applauding the work Bing Crosby’s music was soothing of occupational therapists and occupa- Heart, Bronze Star and Meritorious Service Medal. The commanding officer and simple. Dragnet was exciting and tional therapy assistants throughout fun. A father and son could listen to a of the 75th Ranger Regiment honored the country. ball game and the Indians win their his courage by describing Sergeant f last World Series in 1948. Santora as a warrior, a true patriot, Today, WHBC is as diverse a station ASSESSING NEW HEALTH CARE and an absolute hero who made the ul- as the citizens of northeast Ohio. LAW timate sacrifice in defense of our Na- WHBC gives people the facts, and its tion. (Mr. ROONEY asked and was given programming gets to the heart of who Madam Speaker, during the difficult we are as northeast Ohioans. Fans can permission to address the House for 1 days ahead, my thoughts and prayers minute and to revise and extend his re- listen to their favorite teams in the are with Sergeant Santora’s family— car, or as I like to do, turn down the marks.) his father, Gary; his mother, Theresa; Mr. ROONEY. Madam Speaker, last television and listen to WHBC’s play- and his sister, Gina. On behalf of New by-play. I listen to WHBC because it’s week the Centers for Medicare and York’s First Congressional District, I Medicaid Services’ Office of the Actu- a quality radio station and has main- thank Sergeant Santora for his service, tained that standard for 85 years. ary released a memo estimating the fi- his gallantry, and his selfless commit- nancial effects of the new health care Congratulations. ment. A grateful nation will always re- f law. Not surprisingly, they found that member his sacrifice and honor his costs will increase and access to care memory. REPORT ON HEALTH CARE will be threatened as this legislation is REFORM LEGISLATION f implemented over the next 10 years. (Mr. THOMPSON of Pennsylvania According to the independent report, NATIONAL AUTISM AWARENESS asked and was given permission to ad- ‘‘Providers for whom Medicare con- MONTH dress the House for 1 minute and to re- stitutes a substantive portion of their (Mr. PAULSEN asked and was given vise and extend his remarks.) business could find it difficult to re- permission to address the House for 1 Mr. THOMPSON of Pennsylvania. main profitable and, absent legislative minute.) Madam Speaker, throughout the health intervention, might end their partici- Mr. PAULSEN. Madam Speaker, I care reform debate, I focused on four pation in the program—possibly jeop- rise today because April is National tenets. We needed to improve afford- ardizing access to care for bene- Autism Awareness Month. Autism af- ability, access, quality and choice. I ficiaries.’’ Put simply, the new law will fects nearly one in every 110 children said when the bill passed that it did force many doctors to stop seeing born in the United States and is the not fulfill those requirements. Medicare patients, leaving seniors in fastest growing developmental dis- It gives me no pleasure to show you my district out in the cold. ability. where the actuary report for the Cen- Additionally, the report claims that With approximately 1.5 million ters for Medicare and Medicaid Serv- ‘‘total national health expenditures in Americans currently living with au- ices agrees with me.

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.022 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2856 CONGRESSIONAL RECORD — HOUSE April 26, 2010 Affordability. ‘‘By 2011 and 2012, the think its unconstitutional. And I think freely about radical Islam because it initial $5 billion in Federal funding for they have an obligation to protect the might offend somebody. In the Nether- high risk pools will be exhausted, re- people of Arizona from the drug terror- lands the truth is no longer welcome in sulting in substantial premium in- ists that are coming across the border a court of law. creases to sustain the program.’’ in droves. They’re bringing drugs ille- Geert Wilders now lives under a Access. The report projected that gally into the United States. We’ve got threat of a 5-year prison sentence from Medicare cuts would drive about 15 per- illegal aliens coming across in droves his own government for freedom of cent of hospitals and other institu- in the Arizona area into the United speech for the right to tell the truth. tional providers into the red, ‘‘possibly States and the government of the His trial is set to resume in July, the jeopardizing access’’ to care for sen- United States is doing absolutely noth- trial where the Dutch court says truth iors. ing. doesn’t matter. It only matters if Quality. Some 18 million uninsured The border between us and Mexico is Wilders’ words hurt somebody’s feel- are estimated to go on Medicaid for 1,980 miles long. We’ve talked about se- ings. You see, Dutch law is intolerant their primary coverage, which will fail curing that border for a long time, and of people who are intolerant of violence to provide meaningful access. we have not done it. Those border in the name of Islam. And that’s a rec- And finally, Choice. ‘‘We estimate States have to deal with this on a daily ipe for disaster. By denying free, truth- that in 2017, when the provisions will basis and the law enforcement agencies ful speech, the Dutch Government by be fully phased in, enrollment in Medi- down there have a Herculean job to its actions is encouraging radicals to care Advantage plans will be lower by deal with. incite violence worldwide. Dutch filmmaker Theo van Gogh, about 50 percent.’’ And so I would just like to say to my grandnephew of the legendary artist If you chose Medicare Advantage, colleagues, I don’t think it’s racial Vincent van Gogh, also made a film the half of you will be out of luck. profiling for them to stop people that radical clerics didn’t like. His was they suspect of being here illegally who f about Islam’s harsh treatment of may be dealing in drug trafficking and TWO SEALS NOT GUILTY—THIRD women and how they brutalized women who may be threatening the lives of SHOULD BE ACQUITTED TOO and used them as property. The result, people down there because the crime (Mr. POE of Texas asked and was van Gogh was murdered in the streets rate is going out of sight. Let’s support of Amsterdam as he rode his bicycle to given permission to address the House the people of Arizona and the law en- for 1 minute.) work. His partner in the film, now a forcement people down there. They former member of Parliament, fled the Mr. POE of Texas. Madam Speaker, have a right to make sure that they’re two of our three Navy SEALs respon- country in fear. safe. Kurt Westergaard is one of the 12 art- sible for catching one of the worst ter- f ists who drew a satirical cartoon about rorists in the world—Ahmed Hasim the prophet Mohammed. So radical Abed—have been acquitted of all al- b 1930 clerics incited their followers to mur- leged assault charges related to the SPECIAL ORDERS der people in the streets around the terrorist’s capture. globe. Most of the clerics admitted Abed planned the 2004 ambush and The SPEAKER pro tempore. Under later they had never seen the Moham- murder of four Blackwater security the Speaker’s announced policy of Jan- med cartoons. And Westergaard now guards in Fallujah, Iraq. These Ameri- uary 6, 2009, and under a previous order lives in hiding under an armed guard. cans were set on fire, mutilated, of the House, the following Members will be recognized for 5 minutes each. So much for freedom of the press and dragged through the streets and hung freedom of speech. from a bridge over the Euphrates f Now the threats of violence are River. GEERT WILDERS AND NOW spreading to the United States. The Our SEALs captured this crybaby ‘‘SOUTH PARK’’ ARE DENIED popular animated TV program ‘‘South terrorist. He later accused them of FREEDOM OF SPEECH Park’’ insults everybody. It’s a comedy punching him. Two SEALs have been program that uses satire to make so- The SPEAKER pro tempore. Under a acquitted—the other should be acquit- cial statements. ‘‘South Park’s’’ cre- previous order of the House, the gen- ted as well. ators, Matt Stone and Trey Parker, did tleman from Texas (Mr. POE) is recog- Last week I visited the Naval Acad- a series of episodes that insulted var- nized for 5 minutes. emy in Annapolis, Maryland, and met ious world religions, including Islam. Mr. POE of Texas. Madam Speaker, with 10 amazing, intense midshipmen The 200th episode broadcast depicted from my congressional district in freedom of speech is under attack in all the founders of the major religions. Texas. The remarkable class of 2010 is the West today, brought to you by the Mohammed was dressed in a bear suit expected to graduate over a thousand same radical Islamic terrorists who use because Islam forbids its followers to midshipmen, but only 27 will be se- religion to kill in the name of hate. depict the religion’s founders. lected for the SEALs program. I’ve talked about Dutch lawmaker One radical Islamic Web site called Our SEALs are the best that we have. Geert Wilders, who is on trial in Am- ‘‘Revolutionary Muslim’’ is upset We are forever indebted to these great sterdam for insulting Islam. You see, about the program, so they issued warriors for their service to American he made a documentary movie about threats saying ‘‘South Park’’ creators freedom. We should give the Navy real terrorist acts and real radical Is- Stone and Parker would end up like SEALs that captured Abed medals and lamic clerics encouraging violence in Theo van Gogh, in other words, dead. send them out there to capture another the name of hate. Instead of being And they put up the crime scene one. grateful for shining a light on this photos of van Gogh with his throat slit And that’s just the way it is. problem, the Dutch Government is put- and a knife protruding from his chest. f ting Geert Wilders on trial. He is They also gave out the TV network ad- charged with discrimination and in- dress of Comedy Central in New York, ARIZONA’S IMMIGRATION LAW citement to hatred, all for showing the addresses for Parker and Stone’s Los (Mr. BURTON of Indiana asked and world how radical Islamic clerics dis- Angeles production company, and their was given permission to address the criminate and incite people to hatred. residences. The radical Web site said House for 1 minute.) Wilders spoke the truth, and he got they published the addresses so people Mr. BURTON of Indiana. Madam charged with a crime in his own coun- could go out there and protest. Yeah, Speaker, what are the people in Ari- try. right. zona supposed to do? What are the peo- The Dutch Ministry of Justice says it The trouble is we have seen world- ple in Texas supposed to do? Or New doesn’t matter if Wilders was telling wide how these radicals protest. They Mexico? the truth. The Dutch court says it’s ir- kill people. Because of the threats of I hear this rhetoric on the floor here relevant whether Wilders’ assertions violence and fear for the safety of ev- about how the law in Arizona is uncon- actually are correct. What is relevant eryone from the receptionist to the se- stitutional. I’ve looked at that. I don’t to the court is Wilders cannot speak ries creators, Comedy Central censored

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.024 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2857 and spiked a follow-up program. Free cate rules and requirements for every verely wounded for this country, I speech was intimidated again by rad- small business in America. would like to close, as I normally do on ical Islamics. These terrorists are I hope that by April of next year Con- the floor of the House, I would ask God being handed veto power over free gress can find the time to work on be- to please bless our men and women in speech through threats of violence and half of America’s small businesses and uniform. I will ask God to please bless murder. simplify the Tax Code. the families of our men and women in No charges have been brought in the f uniform. I will ask God in His loving United States against the author of arms to hold the families who have VISIT TO WALTER REED ARMY these radical Islamic Web sites. Mean- given a child dying for freedom in Af- MEDICAL CENTER AND BE- while, Geert Wilders is still on trial in ghanistan and Iraq. And I will ask God THESDA NAVAL HOSPITAL WITH the Netherlands for warning the world to please bless the House and Senate JEROME AND RACHEL LEE AND about these haters for speaking the here in Washington that we would do LEX truth. what is right in the eyes of God for to- And that’s just the way it is. The SPEAKER pro tempore. Under a day’s generation, but also tomorrow’s previous order of the House, the gen- generation. I will ask God to give f tleman from North Carolina (Mr. The SPEAKER pro tempore. Under a strength, wisdom, and courage to JONES) is recognized for 5 minutes. previous order of the House, the gentle- President Obama that he will do what Mr. JONES. Madam Speaker, on is right in the eyes of God for today’s woman from California (Ms. WOOLSEY) April 12 of this year I had the honor is recognized for 5 minutes. generation and tomorrow’s generation. and privilege of visiting the wounded Madam Speaker, I will ask three (Ms. WOOLSEY addressed the House. warriors at Walter Reed Army Medical Her remarks will appear hereafter in times, God, please, God, please, God, Center and Bethesda Naval Hospital please continue to bless America. the Extensions of Remarks.) with Jerome and Rachel Lee and their f f dog Lex. The Lees’ son Dustin, a ma- rine, was killed in Iraq in 2005. Lex was The SPEAKER pro tempore. Under a SIMPLIFY THE TAX CODE his military working dog and was se- previous order of the House, the gen- The SPEAKER pro tempore. Under a verely injured in the attack. tleman from Oregon (Mr. DEFAZIO) is previous order of the House, the gen- The Lees are a remarkable family. recognized for 5 minutes. tleman from Pennsylvania (Mr. They continue to visit the wounded (Mr. DEFAZIO addressed the House. ALTMIRE) is recognized for 5 minutes. warriors that return from Iraq and Af- His remarks will appear hereafter in Mr. ALTMIRE. Madam Speaker, I ghanistan. This is how they remember the Extensions of Remarks.) rise tonight to speak on behalf of their son. And they gave for this coun- f America’s small business owners and try a very special young man. The The SPEAKER pro tempore. Under a small business owners in western Penn- interaction between Lex and the previous order of the House, the gen- sylvania who have recently finished fil- wounded was amazing. To see these tleman from Kansas (Mr. MORAN) is ing their taxes with the Federal Gov- brave men and women smile at the recognized for 5 minutes. ernment and have struggled over the sight of Lex was truly a touching expe- (Mr. MORAN of Kansas addressed the past year to provide goods, services, rience for me personally. Lex is one of House. His remarks will appear here- and jobs during this recession. them and continues to fight through after in the Extensions of Remarks.) As we all know, April is tax month his injuries. The shrapnel still lies in f for American citizens. And as a mem- his back. In fact, Lex has been awarded DISPELLING THE MYTHS ber of the Small Business Committee, I the Purple Heart. had the opportunity to hear testimony The Lees also had a wonderful experi- SURROUNDING H.R. 2499 by Internal Revenue Service Commis- ence meeting retired United States The SPEAKER pro tempore. Under a sioner Douglas Shulman on April 14. Senator Bob Dole as he was recovering previous order of the House, the gentle- Commissioner Shulman walked from an accident. Senator Dole was woman from Florida (Ms. ROS- through the service and disclosures kind enough to invite the Lee family LEHTINEN) is recognized for 5 minutes. provided by the IRS during tax prepa- into his room at Walter Reed and speak Ms. ROS-LEHTINEN. Madam Speak- ration season. He described outreach with them for several minutes. It was er, as a cosponsor of H.R. 2499, the being performed on many levels to aid truly remarkable as I watched former Puerto Rico Democracy Act, I would small businesses in complying with the Senator Dole, a war hero himself, as he like to take some time this evening to convoluted tax system they faced as pet and bonded with Lex. dispel some of the myths that surround American job creators. I would like to thank the Humane this legislation. While the IRS has a responsibility to Society, who sponsored this trip for the The Puerto Rico Democracy Act pro- use its funding to conduct outreach Lee family, Connie Whitfield, wife of vides for a formal consultation with and facilitate voluntary compliance United States Congressman ED the people of Puerto Rico regarding the with tax laws, it’s Congress that has WHITFIELD, who joined us on this tour. island’s political status. H.R. 2499 au- the responsibility to hear the calls of They, Mrs. Whitfield, and the United thorizes the Government of Puerto America’s small businesses for more States Humane Society, went above Rico to conduct an initial plebiscite. streamlined and simplified tax regula- and beyond for this family. Eligible voters would be asked whether tions. There are many other people to they wish to maintain the current po- The outreach and disclosure by the thank, but I would like to especially litical status or to have a different sta- IRS is certainly helpful. However, I thank my dear friend Major General tus. If the majority favors the current would prefer to see it become less nec- Mike Regner, who was very instru- status, then the Government of Puerto essary. If America’s small business mental in uniting the Lees and Lex. Rico would be authorized to ask voters owners were not spending so much val- Major General Regner is currently this question again at 8-year intervals. uable time deciphering codes and regu- serving in Afghanistan, but I would On the other hand, if a majority of the lations, they could be growing their like to note that he was remembered voters favor a different status, the businesses to earn profits, create jobs, during the Lees’ visit at Bethesda and Government of Puerto Rico would be and lead America back to prosperity Walter Reed. And the family is very authorized to conduct a second plebi- just as they have always done through grateful to him. Major General Regner scite among the three nonterritorial past recessions. Less time spent com- helped them adopt Lex, their son’s best status options recognized under U.S. plying with the Tax Code would in- friend and partner. and international law. crease tax revenue by allowing small Madam Speaker, because of that trip What are those three options? They businesses to focus more time on run- that I took with the Lees to Bethesda are, number one, independence; two, ning their businesses, meanwhile sav- and Walter Reed, and the number of statehood; and, three, sovereignty in ing the IRS time and money in out- young men and women both at Walter association with the U.S., which is reach and instruction on their intri- Reed and Bethesda who have been se- commonly known as free association.

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.026 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2858 CONGRESSIONAL RECORD — HOUSE April 26, 2010 Opponents of this bill, of H.R. 2499, tisan support behind H.R. 2499. Intro- hospital and who is stopping to ask a contend that the two-step process duced by the Resident Commissioner, police officer, Will you lead me stacks the deck against the current this bill enjoys the backing of more through the lights to the hospital? Is status and in favor of statehood. This than 180 cosponsors from both political that a legal contact? is simply not the case, Madam Speak- parties, and it is strongly supported by What is a determination of reason- er. H.R. 2499 does not exclude nor favor Puerto Rico Governor Luis Fortuno, a able probability? Is it brown skin? Is it any status option. Under this legisla- former House colleague, who intro- someone who is dressed in yard tion, the purpose of the first plebiscite duced similar versions of this bill in clothes? What is the determination of is clear: to inform Congress whether the past. This bill is also endorsed by reasonableness? There is no answer to the majority of Puerto Ricans consent numerous leaders in the Puerto Rican that other than it is patently unconsti- to the current political status. legislature and local government, in- tutional. Yes, I want comprehensive immigra- b 1945 cluding the Speaker of the House of Representatives, the President of the tion reform, which is a term that many Only if a majority of voters expresses Senate, and many other local officials. have demonized—you have to run away its desire to change the current status Given the strong support, Madam from it now—but we in Texas have is a second vote mandated on the three Speaker, I hope that my colleagues will lived with this for a very long time, the alternatives: independence, statehood, join me in supporting this bill when it men and women of all economic lev- and free association. comes to a floor vote later this week. els—the business community, the non- This two-step process was rec- f profit community, the faith commu- ommended by the President’s task The SPEAKER pro tempore. Under a nity. The Houston-Galveston Diocese, force on Puerto Rico’s status. This previous order of the House, the gen- our cardinal, the cardinal in the Hous- task force was initiated under the Clin- tleman from Indiana (Mr. BURTON) is ton area, has raised his voice, along ton administration, and it was final- recognized for 5 minutes. with many faith leaders, to say that ized by the Bush administration. The (Mr. BURTON of Indiana addressed now is the time for real comprehensive task force called upon the expertise of the House. His remarks will appear immigration reform. 16 Federal agencies in recommending a hereafter in the Extensions of Re- I am ashamed of the law that was fair process for consulting with the marks.) written and signed, because it bears no U.S. citizens of Puerto Rico. fruit. Of course, there are law enforce- f Opponents of H.R. 2499 propose that ment officers in the region, and cer- the option of an enhanced common- PASS COMPREHENSIVE tainly, I’m not from the area whose wealth should be included as a status IMMIGRATION REFORM NOW only voice is to claim airtime and to option during the second plebiscite. The SPEAKER pro tempore. Under a shout ridiculous comments: I can lock Well, this enhanced commonwealth, as previous order of the House, the gentle- them up. Anybody, I can lock up. This envisioned by the bill’s detractors, per- woman from Texas (Ms. JACKSON LEE) is not to say that there is not empathy petuates the false hope that Puerto is recognized for 5 minutes. and sympathy for the borders in Ari- Ricans can have the best of both Ms. JACKSON LEE of Texas. Madam zona. There is a need now for com- worlds: Speaker, over this weekend, the Gov- prehensive immigration reform for Ari- They can have U.S. citizenship and ernor of Arizona raised up the idea of zona, for New Mexico, for California, national sovereignty; prayer, and in her remarks, she indi- for Texas—for all of America. They will receive all Federal funds cated that she prayed for strength and Though, I will tell you, Madam and will have the power to veto those that she prayed for our State. Speaker, if a young person comes to me laws with which it disagrees. I rise today to pray for Arizona, for in my district who came here from a If included as a viable option, an en- this Nation, and for those who would foreign country—in this instance, hanced commonwealth proposal would think a law that was signed by the Ari- France—who has been in our school permanently empower Puerto Rico to zona Governor raises any level of con- system, who did not know the process nullify Federal laws and court jurisdic- stitutionality. Yet I agree with the and who is now unstatus but who has tion and to enter into an international Governor of Arizona. They have been never been in trouble and who is going organization and trade agreements, all waiting very long, and there is a crisis through school—he is an immigrant, while being under the military and fi- that is necessary to address. but unfortunately, status—then he is nancial protection of the United Madam Speaker, many of us on this no less than the immigrants from Ire- States. side of the aisle have tried over and land, than the immigrants from Italy It is no surprise that this proposal over again. Former President George and the immigrants from places else- has been soundly rejected as a viable Bush, in the last administration, tried, where who came to this country and option by the U.S. Department of Jus- but that’s where reasonable minds will who helped to build it and to make it tice, by the State Department, by the disagree. a better place. Maybe he is no better Clinton administration, and by the So I’d ask the Governor to ask her than the immigrants who came in Bush administration. own party: shackles, like myself, and their ances- Another misguided concern sur- Why do they fail to stand up and be tors, who came in the bottom of the rounding H.R. 2499 is that the bill fails counted on a fair, comprehensive im- belly of a slave boat; but we found a to include an ‘‘English only’’ provision. migration reform proposal that, in way to regularize them. This Congress It is premature to discuss this matter years past, included border security as must find a way to regularize this proc- until the conclusion of the first and well as the opportunity for access to le- ess and all of the families who are second plebiscites. H.R. 2499 does not galization? huddled in fear, who have never per- require Congress to admit Puerto Rico So the actions this past week are a petrated a crime. as a State nor even to set the state- travesty, hypocritical, and not sincere I want to thank the leadership of this hood process in motion if a majority of because you’d ask the question: What House and the leadership of the Senate, voters ultimately chooses statehood. If is a legal contact? What are the law en- both of which are courageous enough the people of Puerto Rico express a forcement authorities of the State of to take the battering and the abuse of preference for statehood and if Con- Arizona to do in the midst of the work those who misuse the Constitution and gress is inclined to act upon that pref- that they have in protecting the com- who believe they are doing something. erence, further Federal legislation munity from the array of criminal acts They are not. would be required. That legislation and by anyone regardless of their back- Should they be responded to? Madam not H.R. 2499 would be the appropriate ground? There are burglaries, thefts, Speaker, they should. My answer is vehicle in which to address any poten- and rapes, robberies and actions that that we pass right now comprehensive tial language-related condition on require the intervention of State and immigration reform to save America, Puerto Rico’s accession to statehood. local law enforcement. to save our dignity, to save the Con- I would like now to change focus and What is a legal contact? Is it a person stitution, and to stand for the values to highlight the overwhelming bipar- who is rushing his pregnant wife to the we believe in.

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.031 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2859 THE UNCONSTITUTIONALITY OF We’ve got 50 States in this Union, and no health insurance coverage in 2019 MANDATED HEALTH CARE 22 of them are already in this lawsuit. after the bill is fully implemented. And The SPEAKER pro tempore. Under So, if we pick up three more States, 21 percent of the gross domestic prod- the Speaker’s announced policy of Jan- we’ll have half the States in the Union uct of the United States will be spent uary 6, 2009, the gentleman from Texas involved in this lawsuit. Even 22 is on health care after the law is imple- (Mr. CARTER) is recognized for 60 min- really kind a mind-boggling number. It mented, which is higher than if Con- utes as the designee of the minority also represents 44.56 percent of the pop- gress had done nothing. So if nothing leader. ulation of the United States. would have happened, we spent 21 per- Mr. CARTER. I thank you for yield- So, within these red States that you cent of the gross domestic product. ing, Madam Speaker, and I thank you see on this map here—those dark So we were sitting here, and the first for this night so that we can get to- States as compared to the light States, thing we were told is the reason we gether and talk about something that if anybody is still watching in black need to pass health care is we need to is still on the minds of almost every- and white—that represents almost half get a cheaper product. I mean, we need body in the United States because, the population of this country who are to save money. We need to reduce the quite frankly, even though this bill has asking the question, and the question deficit, reduce the debt. passed both Houses of Congress and is very simple: Well, we haven’t reduced the spend- even though it has been signed into law Does the Constitution grant Congress ing because it’s going to be 21 percent by the President, the overwhelming the power to mandate the coverage of the gross domestic product, which is majority of the people in this country that’s set out in this bill? larger than it is today, and it’s esti- are waking up every day to find out Now, that is a big question, but it fo- mated it’s larger than it would have there is something else that nobody cuses down to a much narrower issue. been if we hadn’t done anything. knew was in this bill and are finding There are more issues here, but the So these are facts that sort of jar you out about something else that is being most narrow issue is if Congress has into reality that we have got a product imposed upon the States and on the the authority to mandate that people that every American sitting around the people of this country that nobody who are living within the continental coffee shop tomorrow morning ought to knew was going to happen. United States must buy certain prod- be talking about, that everybody in It’s because it was a 2,400-page bill, ucts, namely, health insurance, from every office building, on every farm or something like that, which nobody designated sellers of that product, and ranch, and every small business in ever read, and it was voted on and which will mean some insurance com- America ought to be asking questions passed when there were people who pany. The issue is that they have to, about what has become the new law of were responsible for its contents who that they cannot have an option, that the land. couldn’t tell you what was in it. In they cannot say ‘‘no,’’ and that if they I think the attorneys general of the fact, I believe the Speaker of this say ‘‘no’’ that they can be fined under multiple States in this country, they House made a statement: We need to the IRS Code and can be required to started asking these countries as the pass this bill so we can learn what’s in pay up to a $2,000 fine for not pur- process was going through, and as they it. That’s kind of when the worrying chasing health care. There are some discovered nightmare after nightmare started in this country. It was when ranges in that. The fine can be less, but after nightmare as it pertains to the people started hearing those kinds of if it’s $1, it’s a fine punishing you for States, they started getting rattled things from our leadership. not buying a product. and they started to say, This can’t be. So we are now at a point where there Now, the great debate is broadly We can’t be imposing this kind of will has been a lawsuit—and we talked about the Ninth and 10th Amendments, under the Commerce Clause. about this. I believe it was last week or but it is specifically about the com- So I think it’s important that we the week before last. We talked about merce clause as set out in the Con- look at the Ninth and the 10th Amend- the fact that a lawsuit has been filed stitution of the United States. So ment and the Commerce Clause, and by the attorneys general of multiple every attorney general in every one of I’m going to start off, and then we’re States in this country. Well, this is a the States you see here—and this is a going to talk about some constitu- growing process. When we last talked, pretty nice cross-section. We’ve got the tional law here with my good friend there were 20 States that had joined in east coast, one on the west coast, a DAN BURTON. We’re going to see how we this lawsuit, and here we are on April whole bunch of southern States, a figure this. 26, 2010, and we have 22 States. So two whole bunch of western States, and a I think everybody out there learned more States have joined in this proc- whole bunch of midwestern States in school we have a Constitution and ess, and there is at least the possibility which are in this fight, and they are we have amendments to that Constitu- that we could add, maybe, another five asking a real simple question about the tion, which are just part of the Con- or 10 States to this lawsuit. commerce clause. stitution. They just came at a different So, right now, as it stands right now, time. And the amendments have a lot it is my understanding—and I can be b 2000 to do with individual rights to liberty corrected. I do not claim to be a great But as I said, it’s like we wake up in this country. And when our Found- historical scholar of the Supreme every morning and we have new things ing Fathers were looking at this Court of the United States. I have read to talk about, about this plan. project and what they were doing, they cases, which was required by my pro- A recent Center for Medicine and were going from sovereign States. The fession, and I have taken constitu- Medicare Services has come up with people of Virginia considered them- tional law in law school. I had great some new findings on this bill. Let’s selves—Virginia was a sovereign State. constitutional law debates among my examine these together. I’m glad to That meant a sovereignty-laden State. law school colleagues when we were have my friend, Mr. BURTON here, who And they were meeting in Philadelphia young, would-be lawyers. In my prac- is going to join me and we will talk to see how much sovereignty they tice of law and as a judge, I’ve had about some of this stuff. would surrender and what they would some periphery of the constitutional Twenty million Americans who cur- create in the form of a Federal repub- requirements that are set out by the rently can’t afford health insurance lic. Supreme Court, but I don’t claim to be will buy a policy under duress from the And remember what Benjamin an expert on it. threat of fine and IRS action. This is Franklin said when asked as he walked I am told that, since the Court start- what they found: Four million Ameri- out the door what kind of a govern- ed, this is probably the largest single cans will still not be able to buy and ment they had created, and he said, A group of States to have filed suit on be- will be fined $33 billion a year and still republic, if you can keep it, because it half of their individual States and to not have health insurance. Fourteen depends upon those who were given have joined together on an issue. Now, million Americans will lose their em- that gift to keep that republic, which I may be wrong about that, and I cer- ployer-sponsored health insurance as a means it has some basic concepts tainly will be corrected if somebody direct result of this new law. Twenty- which our Founding Fathers were inge- wants to correct me, but it’s close. three million Americans will still have nious about creating, and one of them

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.035 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2860 CONGRESSIONAL RECORD — HOUSE April 26, 2010 was the balance of power, that there and the one that really kind of threw There is no question in my mind that would be offsetting power between the everybody off was a case where some the 10th Amendment of the Constitu- three branches of government which folks during the Depression were grow- tion is being violated by the bill that would balance out the power so no ing in their own backyard. They we passed, and that’s why we have 22 overwhelming power would lie in any were grinding that wheat and making States that have joined in this suit. one branch of the government. it into bread and they were eating the And I’m glad that they are doing that. There are three branches: the execu- bread. And the question was, is that As a matter of fact, on March 29, the tive, which is the President and all the wheat in commerce? And the court said Attorney General of Indiana, Greg various executive agencies of the gov- because it was competing with other Zoeller, expressed his intent of having ernment; and then the legislative, wheat that was being ground into flour Indiana join in filing the suit against which is the House and Senate; and and made into bread, it was being sold, the Patient Protection and Affordable then the judiciary, which is the entire and therefore it at some point had an Care Act, which is the Obama care judicial system of the United States, effect upon the commerce involving we’re talking about. And here is what capped off by the Supreme Court of the bread and wheat. he had to say, our Attorney General: United States. Even though it was only consumed He said, ‘‘There are significant con- So when they wrote this, they wrote by the family, they expanded it to say stitutional questions regarding the the Ninth and the 10th Amendments. that was commerce. And from that the Federal Government’s authority raised And the Ninth Amendment says, ‘‘The idea came up, and it was cropped up by the legislation passed. I believe it’s enumeration in the Constitution, of and was challenged and failed several necessary that these ultimately be certain rights, shall not be construed times in the Supreme Court to be car- brought before the United States Su- to deny or disparage others,’’ other ried that far, was that the Commerce preme Court, and as the Attorney Gen- rights, ‘‘retained by the people.’’ Clause, if you take it that far, it will eral of Indiana, I will join in the most Because our Founding Fathers took cover everything. And really this bill appropriate legal actions available to represent the significant interests of the position which learned people of that we’re talking about, this one right our State, the State of Indiana, in this that time were debating and putting here that we just got the report on, matter.’’ And he prepared a 55-page re- forth that the rights that are set out in this bill is going to be the ultimate de- our Bill of Rights and the other rights port on this that he gave to our legisla- cision of whether the Commerce Clause that are defined in our Constitution tors in Indiana regarding the Patient means ‘‘commerce’’ covers everything are, first and foremost, the rights of Protection and Affordability Act. And or not because in this bill, the only the people. Each individual person has he believes, as the other attorneys gen- thing you have to do to be required to those unalienable rights. eral do, that this is unconstitutional. So when they sat down and they buy health insurance by the govern- Now, my colleague just talked about started to put this thing together, they ment is be alive. the automobile business and how peo- If you are a human being and breath- said, now, any rights we didn’t talk ple have to have car insurance. Well, ing, you have to buy health insurance. about still belong to the people. So just they don’t have to drive a car. And if If you have it and you get to keep it, because they didn’t write it down in they don’t drive a car, they don’t have the Constitution—freedom of speech, then you’ve got health insurance, but to have car insurance. freedom of the press, freedom of assem- if you don’t have it, now it’s no option. This is the first time that I can re- bly, and all the ones you learned in You have to buy it. member in my life that the Federal Now, the first thing you will hear school—there are more rights than Government is telling people they have people say is, yes, but you’ve got to that because those rights lie with the to buy something. I have never heard have insurance to drive an automobile people. of this and I have never read anything The 10th Amendment says, ‘‘The pow- and you have to have it. That’s true, that would lead me to believe that the ers not delegated to the United States but that is insurance that is protecting Federal Government has the authority by the Constitution’’—the Constitution other people from your negligence or to tell people that they have to buy defined the powers of the United States your mistakes as you drive your auto- something. Government—‘‘nor prohibited by it to mobile, and it’s an issue for the State Now, there have been times in the the States,’’ in other words, aren’t spe- in protecting the State because it past when the Federal Government cifically set out for the States, ‘‘are re- makes sure that people are able to pro- tried to take over the entire commerce served to the States respectively, or to tect those that they might injure when of the United States. Back in the 1930s the people.’’ they use a dangerous weapon. And, by during the Roosevelt administration, So what they were basically saying is the way, it’s kind of interesting that they passed a law called the National there are powers out there that this the courts have ruled that an auto- Recovery Act, and the National Recov- Constitution doesn’t cover. mobile can be used to enhance punish- ery Act gave the Federal Government Now, I think we all know that the ment in a criminal case because it is a control over the entire economy of the Constitution has been an evolving deadly weapon. So basically they are United States regarding commerce. process because the big job of the Su- insuring against the misuse of the And there was one case that came to preme Court of the United States is to deadly weapon called the automobile. mind that I read in a book called ‘‘The tell us what things mean when you That’s not what we’re talking about Forgotten Man.’’ I don’t know if my start applying events to the Constitu- here. We’re talking about you have got colleagues read it or not. But it in- tion. There is a clause in the United to have health insurance whether volved two itinerate people from the States Constitution which is called the you’re sick or whether you’re well. You Middle East that came to the United Commerce Clause. And it says the U.S. have got to have it. And if you don’t, States and they started selling chick- Congress shall have the power ‘‘to reg- you have got to pay a fine, and that ens. ulate Commerce with foreign Nations, fine is going to be in the nature of an Back in those days, they didn’t have and among the several States, and with excess tax. frozen chickens in the supermarket. So the Indian Tribes.’’ So there’s a good place for me to when people would come to them to ‘‘Commerce’’ is the big word, and the yield to Mr. BURTON to talk about how buy chickens, they had them in crates, question is, what is commerce? And I he sees this and what thoughts come to and they would let the people that think if you went to a business school his mind as we look at this really chal- came to buy the chickens reach in and and talked about commerce, you would lenging constitutional issue. pick the chickens they wanted. Well, find out that they are basically talking Mr. BURTON of Indiana. I thank the the National Recovery Act, which was about the buying and selling and trad- gentlewoman for yielding. And I want controlling the commerce of the ing and working with goods and serv- to tell her how much I appreciate her United States, had individuals, like the ices. It would be pretty much what coming down and taking the time to IRS is going to have under this bill, you’re talking about. The economic ac- give this Special Order. It took a lot of that would come out and tell the peo- tivity, buying and selling and so forth. preparation to explain this to our col- ple what they could and couldn’t do. Now, a more liberal court started ex- leagues and anybody that might be And the National Recovery Act rep- panding the Commerce Clause slightly, paying attention to this. resentative came out and told these

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.036 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2861 two gentlemen that they could not let over 10 years, and the amount that was are doing it. We can’t afford to raise the people pick the chickens that they going to be as far as the deficit was taxes like they are talking about. We wanted. concerned was about $300-some billion. can’t afford a value-added tax and we I know this sounds crazy. They said But the fact of the matter is they can’t afford to see jobs slip away from because the people that came in and only have 6 years of coverages, but America and go offshore to other coun- bought the chickens first would pick they have 10 years of taxes. So when tries. That is what I think this is lead- the fatter ones and they would get the you take 10 years of coverage and 10 ing to. benefit of being there first. And the fel- years of taxes and you look at what it’s This administration believes in a Eu- lows that owned this company said, going to cost the American people, it’s ropean-style socialistic approach to Well, this is the way we’ve always done going to run up over $2 trillion—money government, and we have to stop that. it. We let the people pick the chickens we don’t have. And the deficit already I want to pat the attorneys general on they want. So they didn’t change. They is out of control. The budget we passed the back from those 22 States for lead- continued to conduct their business this year was $3.85 trillion—or last ing the charge in dealing with this con- that way, and they were indicted under year. And this year they won’t even stitutional abuse of power, and I wish the National Recovery Act and they send us a budget because they know them the very best and I hope that were convicted, and the case went all it’s going to be more than that. every State in the Union, Mr. CARTER, the way to the United States Supreme The shortfall in spending that in- I hope every State in the Union will Court. creased the debt, our debt to our kids join in this fight because the Federal and grandkids, was $1.4 trillion last Government should not usurp the b 2015 year. It’s going to be $1.6 trillion or rights of the people of this country and Justice Brandeis wrote the opinion, more this year, and it’s going to get the several States. And our Forefathers which was 9–0, against the National Re- worse as the years go by over the next never planned for that. And that is why covery Act, which went out the win- decade or two. And so in addition to they gave the States the ultimate dow. Justice Brandeis sent a message violating the Constitution, as I believe power instead of leaving it with the Federal Government. They said that back to the President saying, Don’t this does, and in addition to having 22 those powers not delegated to the send us any more legislation like this, States file suit against the Govern- United States by the Constitution are because if you do, we’ll find it uncon- ment of the United States because of reserved for the States. And that is the stitutional as well. this bill, this is going to cost an arm That was the first time that I know way it ought to be. and a leg that we don’t have. We don’t I want to thank you once again for where the Federal Government start- have this money. And who’s going to ing taking over the entire area of the taking this Special Order. You’re one pay for it? of my heroes. commerce of the United States. Even Well, we borrowed money from Mr. CARTER. I thank may friend, re- then, even then, I don’t believe there China. We owe them about $800 billion. gaining my time. Let me point out was a time when they said somebody We borrowed $600 billion from Japan. If something that I think is interesting. had to buy something, which would you add it all up, we are probably into In all of the flak we sometimes raise, violate the 10th Amendment of the the trillions and trillions of dollars we disagree with some of the rulings of Constitution. Now the National Recov- that we owe the rest of the world. If the United States Supreme Court rul- ery Act was found unconstitutional, they ever cash in on what we owe ings—and I and others that I know but the 10th Amendment, as far as I them, I don’t know how we are going to have done that throughout my entire can remember, never said you have to pay for it. lifetime and had great constitutional buy something. And that is what this The fact of the matter is, right now, issues that are banged around every- bill does and that is why the attorneys because of the cost of this legislation where, and some of us said, What kind general from 22 States are saying, You and the other programs and the deficits of craziness is that? But it’s kind of in- don’t have that power. that are taking place right now, I real- teresting that Justice Brandeis, in that As you said, Mr. CARTER, very clear- ly believe that the Federal Government opinion, 9–0—that means everybody ly, the power is not delegated to the is going to have to print a lot of thought it was right—pointed out that United States by the Constitution. The money. And when they print money, by the very nature of our Constitution power is not delegated to the United they inflate the money supply and we and the very nature of what we created States by the Constitution nor prohib- have what is called inflation. What in the way of a Republic, this concept ited by it to the States are reserved to they try to do is try to figure out a of a centralist-controlled economy, a the States respectively. And so what’s way to stop that inflation by raising central-controlled economy, doesn’t fit happening here is the Federal Govern- interest rates or increasing taxes. what was founded in this country. ment is overstepping its bounds and Now the administration is talking We started down that path in the violating the 10th Amendment and tak- about a value-added tax like they have 1930s. And Brandeis and the Court ing away from the States their right to in Europe. And the value-added tax in slammed on the brakes and put a stop regulate this industry or to deal with Europe is running about 20 percent in to it. It was very ridiculous, some of whether or not people should or should many countries. And if you buy a car the things they did. There’s the famous not have to buy these things. And the for $10,000, for instance, and you add kosher meat case that went on and a attorneys general are saying very the value-added tax to it, you’re up to bunch of other cases. Just ridiculous. clearly this is a State’s right and we $12,000. Another 20 percent. The Amer- Can you imagine the Federal Govern- don’t think the Federal Government ican people can’t afford it. We can’t af- ment going into your local butcher has the right to do this under the com- ford the inflation, we can’t afford the shop and telling your local butcher merce clause. taxes, and what it will do to the econ- how he can do things? Is that the world So I would just like to add a couple omy and jobs is unbelievable, not to we want? That is a centrist-controlled of other things that go along with this, mention that it violates the Constitu- economy. Mr. CARTER, and that is the cost that tion of the United States. Now, at the same time, the world was it’s going to be to the American people. So if I were talking to the American experiencing this in other places. In The estimated deficit that is going to people tonight, Mr. CARTER—and we fact, we in our lifetime have seen the be created by this, as far as the health can’t talk to the American people; we rise and collapse of central-planned care bill is concerned, is about $385 bil- can only talk to each other and the economies. The National Socialist lion or $395 billion over the next 10 Members of the Congress—I would say Party of Germany in the Second World years. there’s a lot more to this than just the War, besides losing a war, proved that But the fact of the matter is, it’s violation of the Constitution. There’s a centrally controlled economy was an going to cost a lot more than that. The no question in my mind that there is ineffective way of doing the economy estimated costs, according to CBO, that violation, but the cost to us and without letting the markets work. The based upon the information that was our kids and our posterity is going to Soviet Union collapsed, continuing to sent to them, was that it was going to be unbelievable. This country can’t af- try to keep a central-controlled econ- cost about $850 billion or $860 billion ford to spend the money the way we omy run by the one Big Government

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.038 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2862 CONGRESSIONAL RECORD — HOUSE April 26, 2010 entities that had fingers in everybody’s Mr. CARTER. It is. Reclaiming my letter to our two Senators earlier in world. It didn’t work. It didn’t work. time, we are joined by my good friend the year. And I just wanted to quote a The Chinese had the same thing. Even and colleague, classmate, a fellow couple of paragraphs from this though they still claim communism, Texan, Dr. BURGESS, who has spent thoughtful and lengthy letter that they are rapidly rushing towards cap- most of his life on these issues, and Greg Abbott wrote to our Senators. italism because they are getting rich certainly his time in Congress. Since b 2030 and prosperous for all levels in their the day I met him, he has had the best country under the capitalist system, ideas I have heard on health care, but He writes, ‘‘The individual mandate which they never could do with their he’s been a voice crying in the wilder- is constitutionally suspect because it centrally controlled economy. ness. He does know what we’re talking does not fall within any of these cat- Why we would even think to go in about. I’ll be glad to yield to Dr. BUR- egories. The mandate provision of H.R. that direction is beyond me. I think GESS to educate us on what he sees 3590 attempts to regulate a non- my colleagues think that is the solu- these issues are and where this thing is activity.’’ tion to our problems. I do not think so. going. Let me just stop for a second. ‘‘At- I think our Founding Fathers intended Mr. BURGESS. I thank the gen- tempts to regulate a nonactivity.’’ Are for us to have things both at the local, tleman for yielding. I must say, it’s there any other nonactivities we do at the city, the State, the national humbling for a simple country doctor during the course of the day that we’re level. I think they had a concept of the as I to come down here and talk con- willing to give over the regulation of small family all the way up to the big stitutional issues with the great con- those nonactivities to the Federal Gov- government. They specifically wrote stitutional scholars of our time. ernment? I think the judge and the mi- these little-used provisions, by the Mr. CARTER. Right. nority made the point. Of course there way, into the Constitution, to make it Mr. BURGESS. Judge, you men- are not. clear that there were certain things tioned something that is so important. Continuing to quote from the letter, that didn’t belong in the Federal Gov- So many people are concerned about ‘‘The legislation actually imposes a fi- ernment. what they see happening. And I see by nancial penalty upon Americans who I’m very hopeful that that is the way one of the posters that you have there choose not to engage in interstate com- that this Court at this time, in the 21st that almost 45 percent of the United merce—because they choose not to century, with all the history that has States population, or State attorneys enter into a contract for health insur- passed and all the court cases have general representing almost 45 percent ance.’’ Quoting further, ‘‘In other passed, will look at this and say, If we of the population, now are suing over words, the proposed mandate would can tell them they’ve got to buy what compel nearly every American to en- kind of health insurance, then what’s the constitutionality of these health gage in commerce by forcing them to next? How far will we expand this? Can care mandates. Remember, all of that purchase insurance, and then use that the next administration, whoever it has happened within a 4-week time coerced transaction as a basis for may be, say you have to buy General span of us passing this very flawed claiming authority under the com- Motors cars because we own around 50 piece of legislation. There’s no way to percent of the stock, the American peo- know what the next 4 weeks will bring; merce clause.’’ ple, or can it just say, you know, we’ve but certainly as more and more people Continuing to quote from Greg Ab- got a fledgling industry over here. You evaluate this, as more and more people bott’s letter, ‘‘Congress’ own inde- can only buy that computer or that dissect through that very flawed prod- pendent, nonpartisan research agency, pair of socks. But you can’t buy those uct that was passed by the Senate on the Congressional Research Service, socks. Not until you’ve got five pairs of Christmas Eve, and then we just, for expressed doubts about the commerce those socks. And you want the Federal whatever reason, picked up and agreed clause’s applicability in a report that Government doing that? to it over here in the House the end of was issued last July: ‘Despite the I don’t think anybody in their right March. breadth of powers that have been exer- mind in this country wants that to As more and more people look at cised under the commerce clause, it is happen. But the start, the crack in the that and see the drafting errors and see unclear whether the clause would pro- dam, the slow drip is going to be what the inconsistencies that are contained vide a solid constitutional foundation they have proposed, which is going to within that legislation, I believe that for legislation containing a require- be a slow drip that is going to create that number will in fact become much ment to have health insurance. It may massive costs to this country. By the higher by the time we get to Memorial be argued that the mandate goes be- way, my friend, Mr. BURTON, wasn’t Day. It will grow in numbers through yond the bounds of the commerce even talking about the cost to the the month of June. By the time we get clause.’ ’’ States. Those are Federal costs. They to Independence Day, I’ve got to be- And then finally just to conclude imposed upon the States costs the lieve that that number, there is going from Greg Abbott’s letter, ‘‘If there are States didn’t have any say in whatso- to be a startling percentage of the to be any limitations on the Federal ever. United States population that is now Government’’—let me just underscore Mr. BURTON of Indiana. Would the against this bill. that ‘‘any’’ one more time. ‘‘If there gentleman yield on that point real The problem with this bill is it never are to be any limitations on the Fed- quickly? Our Governor, who I think is enjoyed popular support. People want eral Government, then ‘commerce’ can- one of the best Governors in the coun- to criticize Republicans for being ob- not be construed to cover every pos- try, Mitch Daniels, he said that passing structionists in this process but, hon- sible human activity under the sun— this would put 500,000 people more on estly, they did not need a single Repub- including mere human existence. The Medicaid in the State of Indiana. I just lican vote. They have a 40-majority act of doing absolutely nothing does wanted to validate the point that you vote on the Democratic side. This was not constitute an act of ‘commerce’ just made. This is going to be a tre- all an internal argument on the Demo- that Congress is authorized to regu- mendous burden on States all across cratic side with getting this darned late.’’ this country because they are going to thing passed. As a consequence of not A very powerful letter by the attor- shift an awful lot of the burden that is having popular support, they had to co- ney general, issued last January to our on the Federal health care system to erce, cajole, threaten, and malign two Senators as the Senate was work- the States. In Indiana, we are going to Members on their own side in order to ing through this health care bill. be spending billions of dollars more get the votes necessary to pass this. You know, I’ve been so concerned over the long haul because they are Now, right after it passed, Judge about this bill that we passed that I going to put 500,000 people more on CARTER and I were part of a press con- wake up in the middle of the night al- Medicaid. I don’t know that that is the ference, and our attorney general, Greg most every night wondering what the exception. I think every State in the Abbott, was one of the first attorneys future holds. And Judge, you’re so Union is going to suffer like that. general to step forward and say, Under right. In some ways, you kind of get Those are costs we are not even talking the commerce clause, I don’t think you this mental image of this omniscient about. can do this. He wrote a very powerful central planner—albeit a benign and

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.040 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2863 kind and eloquent central planner— to come back to a conference com- to be any limitations on the Federal moving data points around on a big mittee or some other vehicle to amend Government, then ‘commerce’ cannot spreadsheet somewhere. That’s what and improve this bill. But when the be construed to cover every possible the administration of health care has Senator from Massachusetts was elect- human activity under the sun—includ- become in this country. Look at the ed as a Republican, it threw a big kink ing mere human existence. The act of job that we have turned over to the De- in their plans. They decided the only doing absolutely nothing does not con- partment of Health and Human Serv- way to get—and remember, the goal stitute an act of ‘commerce’ that Con- ices and the Centers for Medicare & here was not to fix problems that are gress is authorized to regulate.’’ Medicaid Services, another small Fed- besetting the American people in our And this parallels what we were talk- eral agency called the Office of Per- health care system. The goal was to ing about earlier with the National Re- sonnel Management, and yes, for cry- get a bill to sign. The goal was a sign- covery Act, because it was designed to ing out loud, the IRS involved in regu- ing ceremony in the East Wing of the cover everything back in the 1930s. We lating health care. These Federal agen- White House. The goal was for the talked about a couple of examples. And cies are now tasked with writing the President to sign a bill during his first this attorney general is quoting pretty rules and regulations out of this 2,700- term. much what Justice Brandeis was talk- page behemoth that, again, passed the It’s almost like they didn’t care what ing about when he wrote the opinion, Senate on Christmas Eve as a vehicle was in it. They didn’t care what the the 9–0 opinion that destroyed the Na- to allow the Senators to get out of health care policy was. It can be as bad tional Recovery Act, saying that the town ahead of a snowstorm. as you can possibly imagine. The draft- Federal Government didn’t have the No one read that darn thing. No one ing errors can be rampant throughout right to run everything. And I think knew that what was in that darn thing. the entire bill. But we got a signing that’s exactly what your attorney gen- They just passed it so they could get ceremony, by golly, and no other Presi- eral is talking about. out of town. They always intended to dent of the United States has ever had I thank the gentleman for yielding. come back and make it better in con- that achievement before. And now the Mr. CARTER. As he was reading from ference or some other secret coordi- rest of us are left with this travesty Attorney General Abbott’s very well- nated meeting with the White House that’s called a health care bill. Doc- written letter and he mentioned that where they would come up with an tors, nurses, and hospitals and, indeed, particular thought, my thought was, amalgamated product, but they didn’t even insurance companies, and of You can let your imagination run wild do it. They didn’t follow through. They course regular American patients are if we are opening the commerce clause just picked up this Senate bill. A lot of going to have to deal with this for the to existing. If existing puts you in com- people don’t understand. The Senate next several generations. merce, then I think the sky is the bill actually has a House number. It’s We have to rip this thing out root limit. And more so, the sky is the hor- H.R. 3590. and branch. One of the ways to do that ror, because ultimately it can be such Now, why would a bill passed by the is for the attorneys general to proceed an abusive power. And I am not point- Senate dealing with health care have a with their lawsuit and be successful in ing a finger at any administration, but House number? Well, because it began their lawsuit, which is why I so appre- there could be an administration down as a House bill. It began over here at ciate the gentleman coming to the the road that imposes where you can the end of last summer as a bill to reg- floor of the House, making the Amer- live. Or one that is really interesting, ulate housing. CHARLIE RANGEL intro- ican people aware of what is going on, because there are actually countries in duced it from the Committee on Ways why the attorneys general are pursuing this world that do this, and as we were and Means. It passed the House. I voted this, and maybe, maybe we will get talking about it, it popped into my against it, for the record, when it was some relief for the American people, head—in some European countries, a housing bill. It went over to the Sen- and then we can go back and do the Western European countries. ate and lay fallow for a period of time things they were asking us to do in the You know, there’s a misconception— until the majority leader of the other first place—fix the problems, not de- I think my colleagues know this, but if body decided that they needed a vehi- stroy the system. not, I want to at least put my two cle for this health care reform. They I will yield back to the gentleman cents worth in—a misconception that decided not to affix a Senate number to from Texas. everybody has the same freedoms we’ve it. The House had passed a bill. They Mr. CARTER. I thank the gentleman got. Wrong. Just because they’ve got chose not to pick up our House bill for a great description of one of the TV shows that we like or something that dealt with health care. They reasons, when they say, you don’t want like that doesn’t mean they’ve got the picked up our housing bill and amended to watch people make sausage or legis- same kind of free society we have. it. And one of the first amendments lation is because there’s no telling The British system has the right of was to take the language out of it. what goes in it. And that description of habeas corpus, but there are plenty of So now they have an empty bill, a the House bill being gutted of language countries that don’t have the right of number, and literally nothing else. and changed to a health care bill, I habeas corpus. There are plenty of They stuck in all of these little special think that’s going to be a real eye- other rights. It’s kind of interesting. In deals that they had to strike. And the opener to the civics classes around the European countries, after the war, they question wasn’t, What is the best pos- country as to how that thing func- wanted people to vote, so they made it sible health care policy that we could tioned. And, you know, that’s part of mandatory. The government made it come up with? In fact, if that question the nervousness that we’re seeing in mandatory to vote. And if you don’t had been asked, maybe they would the American people, and they’re con- vote—it’s just like our health care have used Governor Daniel’s use of con- cerned about what’s going on up here. bill—you get fined. sumer-directed health plans in his That kind of overwhelming power play Now, they don’t have a constitution State and how he’s held down cost. But is just—it’s contrary to the old fair like the United States that limits the they didn’t do that. They said, What play that’s deep down inside what power of their government. I’m not will it take to get your vote? And makes Americans great. So I appre- saying it’s all bad. But to me, if I was whatever that answer was was the ciate you describing it. a guy who didn’t want to vote, they piece that was inserted in that bill. I see Mr. BURTON’s risen again. I will say, Okay. Pay $50 or you’ve got to That’s why you’ve got an amalgam of yield to him. vote. And then what’s the next step, so many disconnected pieces in this Mr. BURTON of Indiana. I thank my Pay $50 or you have to vote for my 2,700-page monstrosity that is now H.R. colleague from Texas for yielding. party or for my leader. And where does 3590. I just want to follow up on what my it stop? Once that thing passed to get them other colleague from Texas just said. Things that are done in good con- out of town on Christmas Eve—and it He was quoting the attorney general of science when you open up the power of was literally a Christmas tree that Texas, Mr. Greg Abbott, and there was the Federal Government like this in- night when they passed it. But once one clause in his letter that I thought terpretation of the commerce clause, they passed that bill, they all expected bears repeating. He said, ‘‘If there are you can use your imagination and your

VerDate Nov 24 2008 04:44 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.042 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2864 CONGRESSIONAL RECORD — HOUSE April 26, 2010 knowledge of history to see how it my medical practice, I would be faced input from the Republicans in the could become, at some future time, with budgetary shortfalls, and I under- House of Representatives, but no input more and more and more depriving of stood the concept of saving a penny or from the States. They got their con- the liberties that we enjoy. So this is two or three or four or five out of every tract renegotiated by the Federal Gov- about a whole lot of stuff, and it’s a dollar you spent. And the Governor has ernment without their say. Now they whole lot of stuff that upsets you. wisely asked his State agencies to do have this huge financial and bureau- On the issue of Medicare, I think that. We don’t seem to be quite so cratic burden that is being placed upon Texas is $8 billion—isn’t that right? knowledgeable here at the Federal the States by the fact that part of the Mr. BURGESS. If the gentleman will level sometimes. way they were able to get the solution, yield, several of the State senators I will yield back to the gentleman. all of the people not covered by health have written to me, and, in fact, I be- Mr. CARTER. I thank the gentleman care, was to take a big chunk of people lieve I’m quoting Governor Perry cor- for yielding back. and just stick them in Medicaid, and rectly in that it would be a $23 billion Let me say this. I think it’s very in- say oh, by the way, States, we decided cost over the 10 years. We do our budg- teresting because Governor Perry’s this is what you’re going to do, and et for a 2-year time period, so for the saying that we’ve got to cut 5 percent. you’re going to do it. We’ll pay our next five budgets. I say hooray for that. I think that’s the share, maybe, but you’ve got to pay Now, as the gentleman knows, Texas right way to go about it. But this bill yours. And you’ve got to administer has not been hit quite as hard as some tells us, we’ve got to set up—somebody the program. other States by the recession, but it’s in our State has to help administer I think that some of the States, and still been hit. In the next election, the this bill. And ultimately, we’ve got to I know in the Florida case, they are people who are elected for the next come up with these pools, regional raising that issue. They are saying: State legislature, for the next State pools. We are pressuring our States to Can you impose this upon the States at senate are going to have to deal with a make this thing work, and our States this level? I don’t know. budgetary environment that is going to say, We don’t want that thing. And we The main issue is the commerce be a great deal tighter than any since certainly don’t want the expense of clause. That is the imposition of bur- probably 2002 or 2003. As a consequence, doing it at the expense of our tax- dens not anticipated when the deal was Governor Perry has tasked all of the payers’ dollars because we’re trying to struck. I think that is an important various interim Senate committees tighten our budget. part of everything that we are talking and House committees to look for 5 You’re right, we are lucky in Texas, about here. percent of savings across the board in fortunate that the economy hasn’t hit You know, there are people who say the State budget. So they are serious us as hard. In fact, in my district in re- oh, that CARTER and that bunch, they about getting their budget into bal- cent times, probably the hardest hit we are a bunch of right wing nuts down ance. Of course, by law, they have to do received from this Chamber right here there on the floor. They are all upset this, and they are looking for every and the one across the way, when the about this and they call them Social- State agency to cut its budget by 5 per- President signed the nationalization of ists. Well, yeah, but did you look at cent. That’s significant when, at the student loans and wiped out 500 jobs in this map? Have you looked at this same time, the Federal Government is Killeen, Texas. In Killeen, Texas, 500 map? I wouldn’t call several areas of now saying, because of the increase in jobs is a lot of jobs, and 500 jobs in cen- this country that is marked in red as Medicare enrollment that you’re going tral Texas is a lot of jobs, and that’s bastions of conservatism by any to be required to take, the budgetary just the tip of the iceberg of what ill- stretch of the imagination, not that expansion brought about by this health conceived ideas can do. they don’t have the right to be the care bill will be $23 billion over the This one here is a constitutional State that they are. I am not criti- next 10 years at a time when every challenge to our Federal Government cizing them for their beliefs, but this is other State agency is being con- and our Supreme Court. I have great not some right wing conspiracy out of stricted. confidence that they will accept that central Texas, okay; this is a cross-sec- So are we saying that federally man- challenge, and I am hopeful that they tion of the country. The West Coast, dated health insurance is more impor- will say, You can’t expand the com- represented by Washington State, cer- tant than education of Texas children? merce clause to breathing. It just can’t tainly a progressive State, proud to be Apparently we are. Are we saying that go that far. You don’t need commerce a progressive State; we have Pennsyl- the federally mandated health care en- because you exist. vania over here on the east, and Michi- titlement is now more important than gan in the Midwest. This area up here State transportation issues or State se- b 2045 is the heart and soul of the declining curity issues? Apparently we are. If it is, then I would argue that there auto industry with all of their terrible But I know this is a serious problem are no controls on the Federal Govern- problems. Everybody at night ought to that is being faced by the State legisla- ment’s ability to do things to impose say a prayer for the people in Michigan tors and the State senators, and I have burdens upon your life. I think that is right now because they are having the heard from several of them over these the real underlying issue here, and it is hardest time of anyone in this Union past several weeks and the weeks lead- of great importance. right now. And we need to correct that ing up to the passage of this bill. And But even more so than that is when as best we can. I know, of course, the Governor has we came up with the concept of Med- More than that, I would at least sub- been quite outspoken about the fact icaid, and Congressman BURGESS, he mit that The Washington Post is cer- that they are going to have to cut their worked under Medicaid as a doctor. He tainly not something that Rush budget at the State level, and I believe knows what it is. But Medicaid is a Limbaugh and the boys read and con- every State agency has been asked to contract between the individual States sider their newspaper, but let’s see come up with 5 percent, a nickel in sav- and the Federal Government to come what The Washington Post said on ings out of every dollar that is spent at up with a solution for poor people’s March 21: The individual mandates ex- the State level. health care. It was designed for the tends the commerce clause’s power be- And it’s actually not a bad idea for poor, the underprivileged. And it was yond economic activity to economic us. If we were to actually do a budget designed that the States and the Fed- inactivity. That is unprecedented. Con- this year—which I’m not sure we are. eral Government, the Federal Govern- gress has used its taxing power to fund For whatever reason, the Democratic ment would have the ability to work Social Security and Medicare. Never leadership does not seem to think with the States to put together a con- before has it used its commerce power that’s important, even though this tract and the State would provide so to mandate an individual person en- country is in financial crisis, to much resources and administer the gaged in an economic transaction with squeeze 5 cents of savings out of every program, and the Federal Government a private company. Regulating the dollar. It’s certainly something most would provide so much resources. automobile industry by paying cash for Americans understand in running their This bill, without any input whatso- clunkers is one thing, making every- own business. During times when I ran ever not only from the Republicans, no body buy a Chevy is quite another.

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.043 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2865 That was in The Washington Post. I So the one thing that I think we have Individually, as communities of color would argue and I think they would a great shortage of in this town with and as a Nation, we are far better be- argue with me it is a liberal newspaper. present company excepted is common cause they passed this way and touched But this is not a liberal or conservative sense. But I have great confidence in our lives during their earthly journeys. fight. This is about freedom and liberty the average American, whether he be The people I am speaking of are Dr. and our Constitution. the Wall Street fat cat or the guy Benjamin Hooks and Dr. Dorothy I. I yield to Congressman BURGESS. working in the grocery store in Round Height. Mr. BURGESS. I was going to agree Rock, Texas, they have common sense On Dr. Hooks, although I had the with the gentleman that The Wash- to know what is good form and what is honor of meeting him, I didn’t get to ington Post is not likely to be found in not good form. I think that is why we know Dr. Benjamin Hooks personally. the Rush Limbaugh stack of stuff that are seeing people getting up off the But everyone knows or ought to know he uses on his radio program everyday. couch and making their voices heard of the little old country creature that But the freedom argument is one because this doesn’t make common he referred to himself as, but which that is so important. Under the Med- sense. This is not the kind of world we surely grossly understated the measure icaid provisions, as I understand and signed on to. It is not the kind of world of this luminary of civil rights and read the bill that was passed by this we fought wars for. champion for a better America. House, individuals who earn at or We have an issue that it seems to A native Tennessean, civil rights below 133 percent of the Federal pov- grow in intensity as the weeks go by. It leader, Baptist minister, attorney and erty level, if they are not covered by is almost the gift that keeps on giving judge, in fact, the first black judge to any other insurance, since they are in that there is just more to talk about serve in that position in Tennessee and going to be required to have insurance, every week. I, too, like Congressman in all of the South after reconstruc- will, in fact, be required to have Med- BURGESS, lie awake in the middle of tion, he, like Dr. Height, has made an icaid. They will not be allowed to pur- the night and can’t get back to sleep immeasurable contribution to this chase insurance in the exchange, as thinking about what is coming down country that will continue to rever- other Americans will. They will simply the road and what we have to do. berate for generations to come. Many of my colleagues don’t believe be placed into the Medicaid program. His life experiences in high school, this, but I understand we are about to That, too, is unprecedented. In any of and particularly in World War II, and have a report come out on this, just as the social entitlements that we have his conquering of them all, I think is had in the past, never had we required an aside, all of the Members of Con- what served to fuel his passion and his someone by virtue of their income gress and all of their office staffs were, determination to ensure equality and level to be within a certain Federal aid on page 157 of this bill, taken out of justice for everyone in this country re- program. their health care program and put gardless of race, color, religion, creed The implications of that are startling under the pools. It is a very interesting or nationality. and may well go far beyond the bound- challenge. In a different and less strident par- aries of where they exist today with f tisan time, he was appointed to the the passage of this law. It may be a much more startling recession or re- HONORING TWO TRAILBLAZERS FCC, the first African American com- ceding of freedom than we have seen in The SPEAKER pro tempore (Ms. missioner, by President Richard Nixon, this country. Really, it would be un- CHU). Under the Speaker’s announced as was my father to the Federal dis- precedented the loss of freedom that policy of January 6, 2009, the gentle- trict court in the Virgin Islands. That Congressmen RUSH, BUTTER- will accompany this bill. woman from the Virgin Islands (Mrs. I will yield back to the gentleman be- CHRISTENSEN) is recognized for 60 min- FIELD, and I must continue to raise the cause I know time is short, but that is utes as the designee of the majority same issues today that he championed: an extremely important point that the leader. the need for more minority ownership gentleman just made. Mrs. CHRISTENSEN. Madam Speak- of radio and TV stations, for more di- Mr. CARTER. Reclaiming my time, er, now that our colleagues on the versity in employees in the industry, 23 million Americans will still have no other side of the aisle have completed as well as for more positive image of health coverage in 2019 after this bill is their hour of speaking of how that African Americans in the media, is not fully implemented. So with all of the long-needed, hard-fought for health in- at all reflective of the cogency of his big imposition on the privacy of Amer- surance and preventive services for argument or the determination of his ican citizens, and the big imposition on those who have had little or no access effort, but more of the depth and in- our government of mandating them to health care ought to be taken away, transigence of the institutional racism that they have to buy a product, and if praising the AGs, as they were, who are that continues to exist in this country. they do everything that they are sup- challenging the law through which we An unrelenting supporter and advo- posed to do and if the States can find Democrats provided the opportunity to cate for self-help, he revived the the money to run the Medicaid prob- every American for health and NAACP during his legendary tenure of lem, and if they can get the various wellness, we are now going to turn to 20 years, while furthering and strength- agencies up and functioning and some- remembering two individuals who all ening its missions, goals and ideals. He, where find the money to pay the sala- of their lives worked to ensure that ac- like Dr. Dorothy Height, is the recipi- ries to run them, and if we create this cess to health, education, and eco- ent of both the President’s Medal of bureaucracy, we will still have 23 mil- nomic opportunity was available for Freedom and the Congressional Gold lion Americans that won’t have health all. Medal. care coverage. Hmm. Some of my colleagues spoke of the It is not enough that the University If your goal was to cover everybody, life and legacy of Dr. Dorothy Irene of Memphis works to carry on his you failed. I don’t think it is really the Height last week when Congresswoman league see through the Benjamin goal to cover everybody. I think the FUDGE’s resolution was on the floor, Hooks Institute for Social Change, it is goal is to put control of another part of but the Congressional Black Caucus up to those of us on whose behalf he the American economy and Americans’ wanted to use this time this evening to served to live his life and these words lives in the hands of the Federal Gov- continue that tribute and also pay trib- of his: ‘‘If anyone thinks we are going ernment. That’s what I think this is ute to Dr. Benjamin Hooks. I consider to stop agitating, they better think about. And that is what I think it has it a great honor and pleasure to anchor again. If anyone thinks we are going to always been about since we started this this hour of tribute to two of our Na- stop litigating, they had better close discussion. tion’s trailblazers, two drum majors for up the courts. If anyone thinks we are That is why the American people justice, to incomparable human beings not going to demonstrate and protest, were telling us what we want to talk whom we mourn because they are no they had better roll up the sidewalks.’’ about is cost. This stuff costs too longer physically with us, but who will The Congressional Black Caucus, much. What can you do to get the cost forever be with us in spirit and through through our positions, our advocacy, down? There is no cost savings in any the rich legacy that they both have and our legislative efforts here in Con- of this; there is only cost imposition. left. gress, live those words every day and

VerDate Nov 24 2008 04:44 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.045 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2866 CONGRESSIONAL RECORD — HOUSE April 26, 2010 are proud to join the NAACP in taking time as well, saying: ‘‘Benjamin Hooks A couple of months ago, as I was lis- up the torch he has passed to us with had a stellar career—civil rights advo- tening to Congresswoman CHRISTEN- pride. cate and leader, minister, businessman, SEN’s remarks about her personal in- public servant—there are few who are b 2100 volvement with Dr. Height and how she his equal,’’ Bond said. grew to love her, I myself had many, Let me say a few words about Dr. And another quote on Dr. Benjamin many experiences that brought me Height. This country is indebted to her Hooks from the president and CEO of very close to Dr. Height. And I can re- for so many rights and privileges that the Joint Center on Economic and Po- member one of the last times that we we enjoy today, from her work opening litical Studies, Dr. Ralph B. Everett. were together. She called and she in- doors at YMCAs, to her empowering of And he said: ‘‘Throughout his life and sisted that I participate, and this was a communities in Mississippi and else- career, the Reverend Dr. Hooks never couple of months ago, in the National where, to her leadership in the strug- flinched in the face of enormous chal- Council of Negro Women’s annual con- gles for women’s rights and civil lenges, and his expansive dreams were ference in Maryland. And of course, as rights, her uplifting of the African always grounded in the concerns and Dr. CHRISTENSEN knows, when Dr. American families through the Annual aspirations of the least fortunate. As Height calls, you answer because you Family Reunions, her enrichment and we carry on the work of building a bet- know it’s important. There is no way advancement of the National Council ter and more inclusive society that af- you say no. of Negro Women, and all of the many fords opportunity to all, we all have But Dr. Height, she knows the sched- ways she helped shape policy and found Dr. Benjamin Hooks’ shining example ule here on the Hill because she was to keep us on the right path.’’ ways to address old and new ills in our constantly here helping us with our community. There is not anyone who Dr. Marian Wright Edelman wrote of Dr. Height on her passing. She started outside strategy to move the Congres- has not benefited from her life of serv- sional Black Caucus’s agenda forward. ice. with a quote from Dr. Dorothy Height which reads: ‘‘We African American Well, she called and she said she knew I want to spend my time, though, how busy I was, she said, but just come talking about the times and ways in women seldom do just what we want to do, but always what we have to do. I out to Maryland for the breakfast. I which I was privileged to play what said, Okay, Dr. Height, I will be there. was but an infinitesimal part in her am grateful to have been in a time and place where I could be a part of what Well, I got there early, it may have work. First, it was always an honor to been like 7 o’clock, 7:15, dragging. But be in her presence. But in addition to was needed.’’ And we are really grate- ful that she was in a time and a place there she was in her beautiful hat, sit- the invitations, the receptions, meet- ting at the head table to greet me. ings, social activities, she also pulled where she was needed. Dr. Edelman says, and I quote again: ‘‘When she And being with Dr. Height, I tell you, me into her work with young women that day I realized that I was in the and health. I was able to be part of her passed away on April 20 at age 98, we all lost a treasure, a wise counselor, presence of greatness. And I know, as efforts on HIV and AIDS. I had the op- with all of us, especially the women of portunity to address her town halls, and a rock we could always lean against for support in tough times.’’ the Congressional Black Caucus, when- most recently a little over a year ago, At this time I am joined by the chair- ever she introduced us it was amazing, a town hall on preventing obesity and woman of the Congressional Black Cau- because she knew so much about each lead poisoning in children in black and cus, Congresswoman BARBARA LEE. of us and she humbled us by the things other poor communities. And I would like to yield her such time that she would say about us. And we And I got to be a part of her planning as she might consume as she joins me would wonder how could this great and developing the 12 or so sites for her in these tributes. woman say these nice things about us. anti-obesity programs across the Ms. LEE of California. Thank you I mean, you know, we look up to her as United States. She always made sure very much. Let me thank the gentle- a legendary shero, but yet she always, that my district, and she did in this lady from the Virgin Islands for that always lifted us up and made us feel case, the U.S. Virgin Islands, was a very moving tribute and for anchoring like we may be part of her. part of it. the Congressional Black Caucus’s Spe- From her legendary stewardship as But it wasn’t always just the big na- cial Order tonight. the national president of Delta Sigma tional issues. She understood the de- Madam Speaker, this month our Na- Theta Sorority, Inc., to her unprece- mands of leadership, especially on tion and the world lost two towering dented 41-year tenure at the helm of black women. And so she brought us giants in the pursuit of freedom and the National Council of Negro Women, together to counsel, support, and en- justice for all, Dr. Dorothy Irene Dr. Height, she was a woman of cour- courage us from time to time. Height and Dr. Benjamin Hooks. Both age and strength. Her commitment to It’s hard to put in words the deep lived long and fruitful lives and leave equality was reflected in so many of pride and yet the humble gratitude legacies that will endure for genera- her pursuits—in fact, in all of her pur- that I had the opportunity in some tions to come. Tonight we pay tribute suits. small way to get to know Dr. Height, to Dr. Hooks and Dr. Height, two trail- In the 1930s, for example, Dr. Height to be one of her countless mentees, to blazers, two giants who paved the way traveled across the United States to be even a small part of her efforts that and opened the doors of opportunity for encourage the YWCA chapters to im- I was in recent years. To have had her countless numbers of Americans. plement interracial chapters. After smile on me was a great blessing that This week Dr. Height will be laid to dedicating more than 60 years of her will stay with me and continue to en- rest, and she will be forever remem- life to the YWCA, Dr. Height remained courage me and guide me as long as I bered as a bold and brilliant African proudest of her efforts to direct the Y’s live. American woman who blazed many attention to the issues of civil rights In a few minutes I am going to yield trails and opened many doors so that and racial justice. She was so com- to some of my colleagues and our we all could lead freer and more pros- mitted to this work. In fact, the Y chairwoman, BARBARA LEE. I want to perous lives. A matriarch of the civil named Dr. Height the first director of just read a couple of quotes here, first rights movement and a staunch advo- its new Center for Racial Justice in on Dr. Hooks. This is a quote from cate of women’s rights, Dr. Height 1965. President Bush, who bestowed on him wore many hats throughout her life, the Presidential Medal of Freedom: both literally and figuratively, with b 2110 ‘‘For 15 years, Dr. Hooks was a calm, elegance and with dignity, with excel- Imagine, in the thirties, this African yet forceful voice for fairness, oppor- lence and with determination. I am American woman who put up a one- tunity, and personal responsibility. He going to miss her so much. She showed woman resistance movement to the never tired or faltered in demanding us that the fight for women’s rights segregation of the Y—and she won. One that our Nation live up to its founding and our struggle for civil and human person made that difference in the thir- ideals of liberty and equality.’’ rights were not mutually exclusive. ties. Julian Bond, the chairman emeritus She was a coalition builder in our work As a leader of the United Christian of the NAACP, praised Dr. Hooks at the for justice for all. Youth Movement of North America,

VerDate Nov 24 2008 04:44 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.047 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2867 Dr. Height worked to desegregate the there is a wonderful story about that. earned a local reputation as one of the Armed Forces to stop lynching. Yes, How she ended up purchasing a build- few African American lawyers in town. she knew lynching very well in her ing on that site was, really, I think, Thoroughly committed to breaking day. Not too many years ago this coun- the hand of God. Dr. Height remained a down the practices of racial segrega- try has that stain which we still have fighter until her last breath. tion which existed in the United to remind ourselves of. She worked to During my time here in Congress, es- States, Dr. Hooks fought prejudice at stop lynching, to reform the criminal pecially as chair of the Congressional every single turn. justice system and to establish free ac- Black Caucus, I always knew that I He said, At the time, you were in- cess to public accommodations at a could call on Dr. Height and that she sulted by law clerks, excluded from time when racial segregation was the would be there to support our efforts. white bar associations, and when I was standard, mind you—and I know Dr. Of course, last year, she attended in court, I was lucky to be called CHRISTENSEN remembers that. I re- President Barack Obama’s first signing ‘‘Ben.’’ He recalled this in an interview member that very well. That was the of a bill into law at the White House, with Jet Magazine, Usually, it was just standard. Resistance to integration the Lilly Ledbetter Act. She was ‘‘boy.’’ Yet he said the judges were al- was often fierce. Dr. Height remained present for the unveiling of the Shirley ways fair. The discrimination of those forever vigilant. She remained true to Chisholm portrait and for the bust of days has changed, and today, the South her convictions. Even when it was not Sojourner Truth here in the Capitol. is ahead of the North in many respects the comfortable thing to do. She worked diligently on various issues in civil rights progress, he said—an or- A lifelong advocate for peace and with the Black Women’s Roundtable dained Baptist minister, and he could equality, Dr. Height was especially and the Black Leadership Forum, and preach. committed to empowering women and she often participated in panels here on Dr. Hooks joined the Southern Chris- girls. She stood toe to toe with our Capitol Hill. tian Leadership Conference, SCLC, and great male civil rights leaders. Often- Just recently, she joined our efforts he became a pioneer in the NAACP’s times, she was the only woman in the to support the 2010 census. She was sponsored restaurant sit-ins and other room, the only woman on the platform. here in the Rayburn building, you boycotts of consumer items and serv- She was steadfast in her dedication to know, helping us organize, giving us ices. Dr. Hooks was the first African ensure that black women’s issues and the message, speaking to young people, American Commissioner of the Federal concerns were addressed. She was for- and just saying that we have to make Communications Commission, a board ever dedicated to helping women sure that everyone is counted because, member of the SCLC, and the first Af- achieve full and equal employment, if everyone is not counted, they will be rican American criminal court judge in pay, and education. counted out. She knew what she was Tennessee history. Twice a month, he Dr. Height was an internationalist. talking about. flew to Detroit to preach at the Great- Before many of us began our work on We listened to Dr. Height. Many er New Mount Moriah Baptist Church. the continent of Africa or in the Carib- times, we attended many of her fund- Dr. Hooks was a true public servant bean, Dr. Height, as the President of raisers, and I believe they are uncom- who committed his life to empowering the National Council of Negro Women, mon heights. Oftentimes, Dr. Height communities of color. had chapters, and she did work in the would talk, maybe, for 20 minutes, for As the executive director of the villages in Africa—work that was vi- 30 minutes, for 40 minutes, for 45 min- NAACP from 1977 to 1992, Dr. Hooks in- sionary, work that touched the lives of utes. The older she got, the more she creased the NAACP’s membership by so many women, children, and families. wanted to tell her story. Even with her several hundred thousand people and She knew that she was a citizen of the talking about so much, people did not raised critical funds for the associa- world and that she had to work both get antsy and did not want to leave. tion. He was instrumental in estab- domestically here in our own country They wanted to listen to this great lishing a program in which 200 corpora- and internationally if, in fact, she were woman who knew Mary McLeod Be- tions agreed to participate in economic going to be a leader in our global move- thune and Eleanor Roosevelt. We were development projects in black commu- ment. She is an internationally re- mesmerized every time we were in her nities. nowned woman. presence, and we wanted to listen. We In 1986, the NAACP recognized Dr. Dr. Height led the NCNW, helping did not want to leave. Hooks for his lifetime commitment to women and families combat hunger. Her passion was really an inspiration civil rights by awarding him the She also established the Women’s Cen- to all of us here in Congress. It’s hard Spingarn award, the NAACP’s highest ter for Education and Career Advance- to imagine that, in the thirties, she honor. He also rightfully received the ment, in New York City, to prepare provided this resistance movement. I Presidential Medal of Freedom. What a women for entry-level jobs. During her will tell you that we love her, that we man. What a man. He is going to be tenure as the President of the NCNW, celebrate her life—and we do. We missed. We miss him already, and I they were able to buy a beautiful build- mourn her death. know, though, that the NAACP has ing right up the street, near the Cap- Last week, an individual who I was taken up Dr. Hooks’ mantle and has itol. It’s a site where slave traders le- privileged to meet and to know, Dr. mounted a very, very active, focused, gally operated what was know as the Benjamin Hooks, was laid to rest. He and committed campaign to the prin- Center Slave Market. To this day, it is was born on January 31, 1925, in Mem- ciples and to the work of Dr. Benjamin the only African American-owned phis, Tennessee. He was the fifth of Hooks. building on this corridor, proving that seven children. In life, he was a civil So, with the passing of Dr. Height she was not only a great leader but an rights leader, a minister, an attorney, and Dr. Hooks, our Nation mourns the astute businesswoman as well. I’ll and forever a champion of minorities loss of true national treasures. Dr. never forget the evening of the fund- and the poor. He was a man of all sea- Height’s leadership in the struggle for raiser where she was able to raise the sons. While studying prelaw at equality and human rights and wom- money to retire the debt, to burn the LeMoyne-Owen College in Memphis, en’s rights serves as an inspiration to mortgage. Dr. Hooks became acutely aware of the all. Dr. Hooks will be remembered as a I mean Dr. Height was an unbeliev- realities of racial segregation. man who ceaselessly demanded that ably clear woman in terms of financial In an interview with U.S. News and America live up to its founding prin- stability and economic security for the World Report, he once recounted and ciple of justice, equality, and liberty. organizations that she was a part of, said, I wish I could tell you every time They will be truly missed. and now we have a building on Penn- I was on the highway and couldn’t use So, in the memory of Dr. Height and sylvania Avenue—again, the site of the a restroom. My bladder is messed up Dr. Hooks, it is the duty, I think, of all Center Slave Market. We heard her tell because of that. My stomach is messed Americans to pick up and to carry this the story of how she found this build- up from eating cold sandwiches. baton of freedom and justice. The ing which was on that site, and we So, after graduating from law school world is a better place for everyone be- heard the story about that site, which at DePaul University, Dr. Hooks re- cause Dr. Hooks and Dr. Height lived is too long to talk about tonight, but turned to his native Memphis where he their lives according to really what

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.050 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2868 CONGRESSIONAL RECORD — HOUSE April 26, 2010 they believed that God put them on THE AMERICAN ENTERPRISE memory serves me correctly, so it this Earth to do. I think we all have a SYSTEM would be February of 2009, say to us, responsibility to keep their legacies The SPEAKER pro tempore. Under America, you’re spending too much alive. the Speaker’s announced policy of Jan- money. You should not dump the $700 uary 6, 2009, the gentleman from Iowa billion in TARP in. It is a waste of b 2120 (Mr. KING) is recognized for 60 minutes money. It is irresponsible. You need to as the designee of the minority leader. pull back. Their proposal in Germany, Congressman CHRISTENSEN knows, Mr. KING of Iowa. Madam Speaker, I even though that is a social democ- and every Member of this House knows appreciate your indulgence this racy, a nation that wants to have as this is a very intense, busy, hard job. evening and the opportunity to address much of it, apparently, within the We work here day and night. We go to you here on the floor of the House. hands of the government to manage as our districts day and night. And when- Not having had the opportunity to they can and a minimal amount within ever we get weary or think that we listen to the dialogue of the previous the free enterprise system, they have a can’t go any further, I am reminded of people, I will take this up where the different belief in it than we have. Dr. Height and Dr. Hooks, who exem- front of my mind and my conscience They had a $450 billion plan; ours was plified the words of a gospel song that happens to be, and that is what is hap- a $700 billion plan followed by a $787 many of us sing oftentimes in church pening with and to America, what are billion plan, coupled with $1 or $2 tril- on Sunday. These words: I ain’t no way our priorities, where are we going to go lion disbursed by the U.S. Treasury tired. I’ve come too far from where I from here, presuming that we could ac- that wasn’t within the province or the started from. Nobody told me that the tually reverse many of the things that guidance of this Congress, and I think road would be easy, but I know he have taken place over the last 11⁄2 years it’s awfully hard to track what that didn’t bring me this far to leave me. or longer. might have meant. Madam Speaker, I would ask your in- Even when the road was very dif- b 2130 dulgence to just cast your mind back ficult, and it was very difficult for into the last 11⁄2 years or so, this being Theirs was $450 billion. I believe the these two great human beings, they April 2010. In fact, I would take us back number was $80 billion in targeted ex- kept going. They didn’t get tired. They into August and September of 2008, per- penditures and the rest were loan guar- kept going because they knew their haps a little more than 18 months by antees. So one might argue the German purpose and they knew that one day now. And what we have seen happen is approach to this—the people that origi- they would rest in peace. That day has that we saw a concern about the poten- nated socialized medicine, by the way— come. But their spirit will live forever tial economic collapse of the free was they would spend $80 billion in an in the work of the Congressional Black world, the fear that global currency economic stimulus plan. Now, granted, Caucus and in the work of all of those and the confidence that allows us to their economy is not as large as ours, that they touch. May they rest in trade in that currency could collapse but $80 billion versus $700 billion, and peace. and that we would see the free market another $787 billion, Madam Speaker, Mrs. CHRISTENSEN. Thank you, economy and the markets within the and we have the Germans admonishing Congresswoman LEE, and thank you for world, including the Dow Jones and a us because we’re spending too much your leadership of the Congressional number of the other market indexs, the money in trying to stimulate the econ- Black Caucus. And we know that under Nikkei market, European market, and omy in this robust Keynesian ap- your leadership we will take up the that list goes on, those lose the con- proach. And then since that time we’ve mantle, take up the torch that they fidence of the investors if that hap- heard the President of France lecture have left for us and carry on their leg- pened, if the investors pulled their us on the dangers of appeasement. acy. money out, if, in fact, there was any Oh, what a world we have today. How I would like to say to Mrs. Frances money to be pulled out, we could have so much it has changed in the last 2 or Hooks, who is always at her husband’s seen a downward spiral that could have 3 years, Madam Speaker. How so much side, his right hand and probably his been a crash of our economic system the philosophy that has made America left hand too, you were an integral part that could have potentially eclipsed great has been pushed to the sidelines, of all that your husband accomplished, that of the Stock Market Crash that hasn’t emerged very much in the and we thank you too for your con- precipitated the Great Depression in thought process, the decisionmaking tributions. On behalf of the Congres- October 1929. component of this, at least, even sional Black Caucus and on behalf of We saw the Secretary of the Treas- though it remains in the hearts and the people of the Virgin Islands, we ex- ury, Henry Paulson come to this Cap- minds of the American people. tend condolences to you and the fam- itol on September 19, 2008, and make a So, Madam Speaker, here we are ily. We in the Virgin Islands have also request, a very serious request, and today, $700 billion in TARP spending, benefited by the work of Dr. Hooks. some might characterize it as a de- gone, spent, blown. This, yes, was initi- mand, for 700 billion taxpayer dollars, ated under the Bush administration, as And to Dr. Height’s sister Anthanette 700 billion taxpayer dollars to inject was the nationalization of several fi- Height Aldridge, and her family, to the into this economy in a fashion that he nancial institutions and the beginnings council, to the Delta Sisterhood, and saw fit, in a fashion that wasn’t nec- of the nationalization of AIG. However, especially to two outstanding women essarily laid out for us. We didn’t un- the balance of all these things that I’m who I consider to be Dr. Height’s derstand particularly his presentation. about to talk about came about under daughters, the Honorable Alexis Her- We heard the words he said but it the Obama administration. And every- man and the Reverend Barbara Wil- wasn’t definitive. It wasn’t clear. And thing that I’m talking about, from the liams Skinner, we extend condolences as we found out after the $700 billion $700 billion TARP funding all the way on behalf of the Congressional Black worth of TARP passed, even those through to today, was supported by ei- Caucus again and on behalf of my Vir- words didn’t hold so very accurately ther then-Senator Barack Obama, can- gin Islands family and the gratitude of when we looked at the actual practice didate for the Presidency Barack all us for allowing and welcoming us of how the $700 billion was spent. Obama, or the President of the United into the life of Dr. Dorothy Irene So, Madam Speaker, that was the States, Barack Obama. That policy is Height. start of this long saga of what Amer- indistinguishable whether he supported As many people have said, both Dr. ica’s free enterprise economy, what is it as a Senator, whether he supported Hooks and Dr. Height leave big and left of it, might look like and how we it because he was a candidate for the awesome shoes to fill, but their lives might manage these finances. President or because he supported it as continue to speak to us and what they It’s interesting to me that since that the President-elect or the President of are saying, what I hear them saying, is time, I have done some traveling the United States. step right into those shoes, fill them around the world and I recall listening And George Bush gave some def- any way you can, and keep marching to Angela Merkel and the leaders in erence to Barack Obama on how he on until victory is won. Germany the following February, if my would approach this economy. One day

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.051 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2869 I hope to have that conversation with tough votes accomplished. But I will Too big for their britches, but they President Bush. But, in any case, suggest, Madam Speaker, that many of can’t fail. there’s no component of this voracious the things that have happened in this I’d point out a presentation that was appetite for overspending and pushing Congress, the 111th Congress and the made to us about 3 years ago at an 8 government into every corner of our 110th Congress that preceded it, are a.m. Wednesday morning meeting private sector lives, there’s no aspect anathema to the American vision and which I host, a breakfast which I host of this that wasn’t supported by the anathema to the American Dream, and have done so for 51⁄2 years, the Con- President of the United States, Barack that they run contrary to the prin- servative Opportunities Society. One of Obama. ciples that made America great. the very smart financial presenters The American people know that and I can take us down this path. TARP there—since that is off the record in they understand it, Madam Speaker. is one of them. The Federal Govern- that meeting, I can address what he And so what we have seen, we have ment’s business isn’t to come in and said, but not his name—we were talk- seen the support for the $700 billion in decide which businesses are too big to ing about the subprime mortgage cri- TARP. In fact, this Congress limited be allowed to fail and then put a huge sis. And he said, When you’re in the the first half of that to $350 billion. bill against the taxpayers, their chil- business, the investment banking busi- And that went, essentially, without dren and their grandchildren; borrow ness, where he’d been for 30 years, what strings attached. And the balance of the money from the Chinese and the you do in this business is—and he that, the other $350 billion, had to be Saudis; and then make decisions on paused for effect and said, Pretty much approved. This was in October of 2008, which businesses should be allowed to whatever everybody else does. That so it had to be approved by a Congress succeed, with government help, and way, if they’re making money, you’re to be elected later and by a President which businesses should be allowed to making money. But if things melt to be elected later. We know what hap- fail. down and there is a bailout, then you pened. The second $350 billion was ap- This country has got to be run by will be bailed out with everybody else. proved by the Congress elected in No- free enterprise, by the free markets; Madam Speaker, it’s not hard for me vember of 2008 and approved by the and if businesses fail, they have to be to imagine what that does to the in- President who was elected in 2008, allowed to fail. And investors need to vestment minds of people that are op- Barack Obama. be able to come in and pick up the erating investment banks if they know So this entire lexicon of things that pieces at the discount that is available implicitly, not explicitly, that they happened economically, good or bad, when they go through chapter 11 or 7. can take a lot of risks and they are are not the fault of George Bush. They Their assets are still there. They can never really going to go under because are not laid at the feet of the previous be managed by other corporate entities the Federal Government will come in President. These are the responsibil- or noncorporate entities, for that mat- and bail them out. That was the im- ities of this Congress, the House, the ter. plicit guarantee in banks that were too Senate, under the leadership of Speak- It isn’t that if a bank went under or big to be allowed to fail. And it was fol- er PELOSI, the leadership of HARRY if AIG the insurance company went lowed through upon by this govern- REID down that aisle, and the leader- under that all of a sudden all of the as- ment, by this President, in this admin- ship of Barack Obama, whom I have sets that they have are dispersed or istration, in this time, and approved by sometimes described as a ruling troika, sunk into the ocean somewhere. The him as a United States Senator and ap- Madam Speaker. That would be, as I hard assets are still there. The ac- proved by him as a candidate for the warned America about during that counts are still there. They can still be Presidency. same period of time, if you elect managed by some entity that comes in Too big too fail became too big to be Barack Obama as the President of the and picks up the pieces. I have seen allowed to fail. Too big to be allowed to United States and re-renew the Speak- this happen a number of times far too fail. The Federal Government would ership of NANCY PELOSI—in other close to make me comfortable within come in, and if we didn’t have the words, reelect the Democrat majority the banks that were closed back during money to bail out these businesses, here in the House—and you continue to those years in the farm crisis years of then we would tap into the United expand the majority of the Democrats the eighties. States Treasury, who would borrow it in the United States Senate, we will It happened over and over again, hun- and borrow it from the Chinese and the have created, and this is something dreds and hundreds of banks went Saudis and anybody else that could in- that I believe is part of the CONGRES- under. And when they went under, they vest in U.S. bonds and pick up these SIONAL RECORD, a ruling troika in were recapitalized. New board of direc- businesses. America—that ruling troika being the tors. New investors came in and picked So the Federal Government national- President, Speaker PELOSI, HARRY up those shares of stock. They looked ized three large investment banks in REID, who could, by my words then, at the loan portfolios, they looked at the aftermath of this September 19 upheld to be true since then, go into a the deposits, and they made manage- visit to the Capitol by Henry Paulsen, phone booth, the three of them— ment decisions to put that bank back then the Secretary of the Treasury. haven’t done so literally, but figu- on a profitable track. Many of those Three large investment banks, owner- ratively they have—and decided what banks, most of those banks, and I don’t ship taken over. Ownership or control they would do to America. know that I could say all of those taken over by the Federal Government. Their accountability isn’t to the banks actually got turned back into AIG, the insurance company, $180 bil- American people. It isn’t to the will of profit. Yes, there were banks that were lion invested in an insurance company, the American people. Their account- closed. There were those whose doors was guaranteeing securities. ability is only to the members of their were shut and didn’t open again. But And then we back this up to the late own caucus as to whether they would many banks came under new ownership seventies when the Community Rein- not just reelect them as leaders but de- because they were sold back into the vestment Act was passed because there cline to un-elect them as the leaders of private sector. Even though the FDIC were lenders that were not willing to their caucus. That is the only restraint found themselves brokering assets of make bad loans in bad neighborhoods. that is on them and then the restraint banks no longer solvent, they did not They had drawn red lines and con- of pushing policies that they couldn’t hold on to the assets of those banks cluded the asset value was diminishing, pull the votes to get past. and operate those banks as if they were not appreciating, and the return on It came very close here in the House players in the private sector. that investment, let’s say the collat- a couple of times. And I have respect But what we have seen happen with eral value was shrinking. Therefore, if for political operators that have an this Obama White House is entirely dif- they loaned against that collateral ability to get those tough votes ferent than what we saw during the value, they would find themselves up- through and get them passed. In fact, if farm crisis years of the eighties. First, side down in those mortgage loans. So it’s the right thing to do, it’s a hard this idea of too big to fail. Too big to they drew lines around the neighbor- thing to run a good country—in fact, a fail, Madam Speaker. No one in Amer- hoods where the value of assets was great country—if you can’t get those ica’s britches should be too big to fail. going down.

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.053 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2870 CONGRESSIONAL RECORD — HOUSE April 26, 2010 Now, some argued that it was a racist loan off into the secondary market and the recession that they talked about decision. I don’t know that. I wasn’t in Fannie Mae and Freddie Mac would during that period of time. And as those rooms and I don’t know those pick up the entire tab on that and the George Bush was elected, we saw Alan people. For all I know, I never met the original lender would be off the hook. Greenspan make an evaluation—and I people that were making those deci- So there’s plenty of incentive for the suspect this is accurate, and he would sions. If it was for the racist reason, original lenders to be retail marketing have a different opinion of it perhaps— it’s kind of like racial profiling. If that bad loans in bad neighborhoods as long but that we needed to make some ad- is your only reason, then it’s wrong. as they could package them up, sell justments in this economy in order to But if it’s an indicator that makes you them into the secondary market under compensate for our declining economy look at the totality of the record, Fannie Mae and Freddie Mac. Fannie because of the bursting of the dot-com okay, then it may not be wrong. But Mae and Freddie Mac then got to this bubble. Remember, the bubble burst, lenders were drawing a red line around point where they could see that they and it left a depression within our these neighborhoods, and they refused need to divest themselves of some of economy. And I don’t use that in eco- to make those loans into those neigh- those loans, and they sliced them and nomic terms. I use that in, let’s say, borhoods. diced them, and turned around and literal terms. And there was a political decision spun them back into the tertiary mar- So Alan Greenspan looked at that made in this Congress that they were ket and beyond. and decided that we need to recover going to force lenders to make loans So as this mortgage market was this economy. How do we do this? Well, into those neighborhoods that had red moving along, it was still moving slow- unnaturally low interest rates. We’re lines drawn around them. That was the ly through the nineties. And we got to- going to promote more mortgage loans. Community Reinvestment Act. But the wards the end of the nineties, and actu- We are going to create a housing mar- problem was that they couldn’t get the ally to the year 2000, when George Bush ket and a housing boom, and we are banks to make enough loans into those was elected, we had at the end of the going to use that to fill the hole in the neighborhoods because the collateral nineties the bursting of the dot-com dot-com bubble. That’s the scenario value was going down and the under- bubble. When the dot-com bubble was that was playing out. writing requirements for Fannie Mae burst—and I suspect it was pierced by So unnaturally low interest rates and Freddie Mac prohibited them from the class action lawsuits that were with an encouragement for people to picking up on the secondary market brought against Microsoft by the State borrow money on terms that they some of those bad loans. attorneys generals, my State Attorney hadn’t seen in their adult lifetimes, So in 1978 I believe was the year when General Tom Miller included—in fact, you couple that with the Community the Community Reinvestment Act was one of the ringleaders in the lawsuit Reinvestment Act, passed in the seven- passed. They expected that there would against Microsoft. I actually think ties, refreshed in the nineties, coupled be a lot more loans made into these that the dot-com bubble would have with the lowering of the capital and neighborhoods that were redlined. burst anyway. Because what it was, it the underwriter requirements of There were more lines made but not was a speculator’s bubble. Yes, there Fannie Mae and Freddie Mac and an enough to satisfy the organizations out was value in our ability to store and aggressive lobbying part on the part of there in the inner city. The community transfer information more effectively ACORN, who came to this Congress and organizers—we can ask the President than ever before. The speculators in- lobbied to lower the underwriting about community organizers. What do vested in that. They bet that would re- standards for Fannie and Freddie and they do? They advocate for taxpayer turn on their investment and these to push the Community Reinvestment dollars and redistribute those taxpayer technology companies would blossom Act, and ACORN finding themselves dollars into the neighborhoods. They and make huge profits and they would and putting themselves in a position in don’t contribute to the free enterprise cash in on them. the communities whereby they got to economy. They just tap into the tax- approve or disapprove of the effort of payers, distribute those taxpayer dol- b 2140 the lending institutions to make bad lars, and in exchange trade off for po- But this bubble was created out of loans in bad neighborhoods. litical power. That is what community that speculation, and the thing that Now we have cooked up the perfect organizers do. wasn’t corrected for some time until economic witch’s brew, Madam Speak- So these community organizers con- the bursting or the piercing of the dot- er, that resulted in the toxic mortgages cluded that they weren’t going to get com bubble was the inability for the that nearly brought down the global enough loans into those neighborhoods market to consider that having that economy. That’s a component of the so they came back to this Congress and technological ability to store and scenario which nearly brought down lobbied this Congress in the nineties to transfer information more effectively the global economy. And as these in- make changes in the Community Rein- than ever before didn’t necessarily vestment banks, lending institutions vestment Act and, by the way, because translate into profits for companies. picked up the mortgage loans on the of the Community Reinvestment Act, You have to produce something more secondary market, Fannie and Freddie they also found out that Fannie Mae efficiently in order for the value of tranched them, sliced and diced them, and Freddie Mac had strict enough un- that company to be there. packaged them, shuffled them, cut the derwriting requirements, that because So, with the Internet, for example, deck, sorted them out and began to sell of those capital requirements and the whatever the Internet does to improve them on up the market. underwriting requirements, Fannie and the productivity of all of our compa- AIG, the insurance company, was Freddie, the secondary loan market, nies—and anybody that is engaged in looking at these bundles of mortgage- the GSEs in the United States, could business will know that it does im- backed securities, setting a premium not pick up those loans off of those prove your productivity as a com- risk rate on these bundles and charging lending institutions. pany—you have the value of that pro- that premium. And whenever they were And so they have refreshed the Com- ductivity as to what it’s worth, not packaged and bundled and marketed munity Reinvestment Act and made it what you speculate you can store or for a profit, the people that were doing a little more strict, but also into the transfer for information. that were taking their profit out and bargain they lowered the underwriting The only other things that you got to passing the risk on, and AIG was pass- requirements for Fannie Mae and add to that dot-com bubble value was ing judgment on that risk with no Freddie Mac. Now we have created a the increase in productivity and the check and no balance and no one look- scenario for real bad loans in bad value that you have for recreation. So ing over their shoulder, and no one neighborhoods, real net loss to the if people surf the Internet, and they knew the market. They just trusted lenders. But the lenders weren’t on the were willing to pay for that, that was a that AIG would know the answer be- hook so much because as soon as they component of our economy. cause, after all, they were the premiere could make a loan into a neighborhood But the dot-com bubble burst. And as insurance company. They had been that was approved by organizations it collapsed, we were seeing the end of growing by leaps and bounds. But their like ACORN, they could peddle that the Clinton administration. That was agents were skimming—I don’t know if

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.054 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2871 I would say ‘‘skimming’’ is a fair we saw my Iowa President do some for full, all-out 100 percent war de- enough word. But their agents were things that FDR may well have ap- manding total surrender from our en- taking a profit out for the marketing proved of, and FDR went in with the emies. I can take some issue with some of the policies and the premiums, but New Deal, which, in my view, was a of the decisions made along the way; there was no continued responsibility really bad deal, and in President but on balance, Roosevelt was a very and liability. Obama’s view was a pretty good deal good wartime President. I just don’t So I’ll suggest that when people and could have been a better deal if he think he was a very good depression- make investments and they pass those spent a lot more money, it didn’t bring era President. investments up the line and they can about a recovery from the Depression And this President, I have no idea take profit out of them at every step that started in October of 1929, but what kind of wartime President he along the way, it’s kind of like the re- what it did when the Federal Govern- would be. We are not in a depression. verse of the value-added tax, isn’t it, ment borrowed a lot of money, and Some will say we are in the Great Re- Madam Speaker, where every time you they borrowed it from the American cession. That is the vernacular that can bundle up some mortgage-backed people in the form of bonds, they cre- has been adopted most. But this Great securities, package them up, get AIG ated a lot of make-work projects, had Recession that we appear to be in has to set a premium on that and get a to pay the interest, had to pay the spent a lot more money than was spent guaranteed return rate because AIG’s principal, we had all of this debt going during the Great Depression of the premium is there, pass that on up the on at the beginning of World War II. 1930s. The result, I believe, will be simi- line, you take your margin out of that, And then we had to take on a lot more lar. it’s kind of like selling the wheat and debt. But at least during that period of If you take a business, we can think paying the tax to the Federal Govern- time, had we not borrowed all of that in terms of a small business, a small ment and sending the invoice along money, not spent all of that money, business that generates $100,000 a year with it while the guy at the mill grinds then the United States economy would in gross receipts, and perhaps has a the wheat into flour. He takes the in- not have had to service all of the inter- $10,000 mortgage with a 10 percent loan voice from the value-added tax and est and service all of the debt. on it. This is so I can do the math as I uses that for his credit, and it goes on Interest and principal. Could it be am talking. So your $100,000 in gross up the line. He pays his 10 percent tax that the people in this country have receipts needs to pay the proprietor, and goes to the baker, and the baker forgotten what interest and principal is pay the utility bills, and all of the then uses the two invoice credits of the and what it takes in cash flow to serv- overhead, as well as the interest. So if 10 percent on the wheat and the value ice the debt. And will they ever figure you are grossing $100,000 with a $10,000 added that is another 10 percent on the out what it is like to be on the other loan, then 10 percent of that loan increased amount on the flour that’s side of this? would be $1,000. And if you are paying milled from the wheat that goes to the I recall a very good neighbor and a $1,000 in interest, and let’s just say you baker who pays the tax of what’s left wise mentor friend of mine, Dennis are going to retire that debt on a 10 on the value added before it goes to be- Lindberg, who has since passed away, year loan, so you pay 10 percent of the come the bread. told me a story about when he was a principal each year. young man and how he had the experi- The first year it would be $1,000 in in- b 2150 ence of paying interest at a very young terest and another $1,000 in principal; The same was going on during the age. He said to me, I decided early on $2,000 out of your $100,000 goes to pay era of the Community Reinvestment that if I was going to have anything to the debt, to service the debt you have. Act and Fannie Mae and Freddie Mac do with interest, I was going to be the And then you have to take your mar- and the tranche mortgage-backed secu- one collecting it. gins, your expenses out of the remain- rities and AIG guaranteeing, passing But this government looks like they ing $98,000 and have enough to feed the that thing all of the way up the line. It will have a lot to do with interest, and proprietor and keep the proprietor en- became, yes, there was foundational they will forever be the ones paying gaged in the business value underneath these mortgages. the interest rather than collecting the Let’s just say that all of a sudden, we That is the market value of the real es- interest. have this economic crisis and the busi- tate, but it also was a huge chain letter So this economy has been diminished ness is having trouble. It gets flooded that was marketed all of the way up by the burden that has been put upon or burned out or whatever it might be, through. And when the investors in the it, just like it was diminished in the and along comes on the Small Business world lost confidence that they no 1930s by the burden put upon it. The Administration or some other entity, longer knew the value of these bundles stock market crashed in October of and they say we can keep you in busi- of mortgage-backed securities, then 1929, and it didn’t recover during the ness, but you can’t stay in business un- that happened, then we were threat- Great Depression years of the 1930s. It less you borrow $100,000 and we will in- ened with an economic meltdown, didn’t recover during World War II. The ject that $100,000 of capital into your Madam Speaker. stock market was still struggling to business. Well, that is nice. You get to That is kind of how we got here. And get back to where it was at the end of stay in business. now, as the economy spirals downward, World War II, at the beginning of the Now you have $109,000 worth of debt or more or less the threat of the econ- Korean War, at the end of the Korean to service, but I will just go with the omy spiraling downward, we look to a war. It wasn’t FDR who solved the $100,000 because I am speaking off the President who is a Keynesian econo- problem. FDR delayed the recovery by cuff and I can do the math as we fly. mist on steroids. He believes, and I borrowing all of that money and spend- Now your interest burden is not $1,000 have certainly heard it directly from ing all of that money in the New Deal on the $10,000 debt you had, it is $10,000 his lips in very short range that Frank- during the Great Depression. The stock interest on the $100,000 debt you have, lin Delano Roosevelt lost his nerve on market didn’t come back to where it and the 10 percent you were paying on spending and that he just didn’t spend was in 1929 until Franklin Delano Roo- principal of the $10,000 debt, that $1,000, enough money. If he would have spent sevelt had been dead for 9 years; 1954 is now becomes $10,000. a lot of more money, it is the view of when the Dow Jones Industrial Aver- So your business that was servicing the President, whom I take at his age recovered to the place where it was with $2,000 a $10,000 debt, now has to word, that the Great Depression would when it crashed in October of 1929. All have two $20,000s to serve the $10,000 have been over in the 1930s and we of those years, 9 years after Franklin worth of interest and the $10,000 worth wouldn’t have had to wait until World Delano Roosevelt passed away. of principal on your $100,000 debt. War II that brought about the most ef- And I want to give him a tip of the You have taken your ability, your fective economic stimulus plan ever. hat and a nod, and a significant meas- gross receipts in the business are simi- That would also be the President’s ure of respect for the way he led this lar or the same. You can only service view. country in World War II. He was solid. $2,000 on the old way of financing with But I will submit when the stock He was an anchor, he was stalwart, and the $1,000 of interest and $1,000 worth of market crashed in October of 1929 and a commander in chief. He had a vision principal, $2,000 out of your $100,000

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.056 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2872 CONGRESSIONAL RECORD — HOUSE April 26, 2010 gross, but when they give you this nice resent, I don’t believe, the creative America, in competition with the rest loan that you borrowed $100,000, now ideas in the United States. First of all, of the world, and market more goods you have to figure out how to service I look through that list of people on and services and drive our gross domes- $10,000 worth of interest and $10,000 the commission; I don’t find a single tic product up. And when we do that, worth of principal out of a $100,000 person on that commission that sup- we will see prosperity, the prosperity worth of gross receipts. Instead of it ports a national sales tax. I don’t find that comes from our efficiencies, from being 2 percent, now it is 20 percent. a single person that has advocated for our productivity producing goods and I hope this example, Madam Speaker, the abolishment of the IRS and the services that have value. And so when is explanatory to the President of the Federal income tax. Not one. Smart Ronald Reagan said, ‘‘What you tax United States, to Larry Summers, to people there, yes. Their decisions, you get less of,’’ he was recognizing the people that are looking at this though, and their positions, from what that we punish productivity. economy and believing that John May- I have seen, are not economic positions The Internal Revenue Service and nard Keynes had some answers. He had exclusively. They are pragmatic eco- the income tax code are completely answers all right, but they were the nomic decisions that are tempered by dedicated to taxing all productivity in wrong ones, Madam Speaker. their judgment of political reality. America, punishing all productivity in So couldn’t we at the very least, if We need to reduce the debt. We need America, setting aside everything that we wanted to provide solutions for to reduce spending, and only when we is good and productive about our econ- do that can we have a free market America, couldn’t we set all of our pol- omy and taxing it. economy that will work its way out of itics aside, take away all of this prag- this and let us be able to pay the inter- matism that is political pragmatism, So if you punch a time clock and you est and pay down the debt so that this not economic realism, throw that off to go forward and you earn wages, you are economy can finally get around to the the side, park it over there in the park- taxed on it. At least the payroll tax. side where it is not constantly bur- ing lot, can’t we clean out all of the po- The Social Security, Medicare, Med- dened servicing interest and debt as op- litical jargon that’s there and sit down icaid tax, that is on there. You will pay posed to the legitimate functions of and first ask the question: What would your income tax when you reach a cer- government. be the smartest thing we could do eco- tain threshold. If you have earnings, We did had 2 or 3 years here where we nomically in this country? And in the savings or investment, if you are going had a balanced budget. There are some process of doing that, how do we fund to cash in your dividend check, your reasons for that. I will give Bill Clinton this government, the necessary compo- capital gains, your interest check, all a little credit. And I will give the Re- nents of the Federal Government? of that’s taxed by the IRS. publican Congress a lot of credit. They Madam Speaker, those are the basic If you go through life and you ac- came in here revolutionaries and they questions I have been asking about this quire an equity base, a net worth, and decided that they were going to choke country for 30 years. And I am making perhaps you pay the tax on all of your spending down, and they did that. I a recommendation to the debt commis- income as you go along, and maybe think also, though, the economy out- sion. And I trust that they will over- even your investments didn’t appre- grew their predictions and so they were hear this discussion that you and I are ciate in value and were never taxed in a bit surprised when they balanced the having tonight, Madam Speaker. But it that fashion—if they were you would budget. comes down to this: if we were going to have paid it—but you have a nest egg I think Bill Clinton was a bit sur- devise a tax policy for the United of, let’s say, $10 million, which is a prised when the budget came balanced. States starting from scratch, that pro- pretty good lifetime of work, this year Those are the fortunate happenstances verbial blank slate or a blank piece of you could die and pass it along to your of history. We need to be more prudent paper, that tax policy, Madam Speaker, children because the Democrats are than that even. would not be the Internal Revenue tax asleep at the switch. They would like We are going to have to go back. This or code. We would not generate the to tax your estate. They just haven’t debt commission that meets tomorrow, IRS. We would not look at this as a tax gotten around to doing that, partly be- that starts out with Erskine Bowles on income. cause the gavel in the Ways and Means and former Senator Alan Simpson as Because here is what Ronald Reagan Committee has been in three different co-chairs, they are going to examine once said. Ronald Reagan once said, hands, all of that within 24 hours by all of this debt and figure out how to ‘‘What you tax you get less of.’’ He also the way. look at the debt and the income to said, ‘‘What you subsidize you get more All of your productivity, all of your bring America into something that is of.’’ But I will stick with the tax side earnings from your work, all of your more responsible. I don’t think that of this. What you tax you get less of. earnings from your investments and they think that they are going to bal- The tax is a punishment. We here in your management of whatever business ance the budget or make a proposal America tax, and that is in quotes you might start or your dividends, that will balance the budget, I think ‘‘punish’’ all productivity in the United your capital gains, your interest in- they believe that they are going to States. come, your estate tax, all of that is look at the spending and the income If you have earnings, savings or in- taxed, all of that is productivity, all of and make some kind of a recommenda- vestment, if you punch the time clock that is punished by the Federal Gov- and go to work, if you start a business tion that would help compensate the ernment today. So what do we get? We and put your sweat equity matched up calamity that we are in. get less productivity. We get less in- But, Madam Speaker, I would submit with what capital you might have, vestment because the cost of capital that if you want a committee to package that together and start a little goes up. And we get less savings be- produce a result, write up that result. factory or a service company, or start cause the interest income on the sav- Tell me the result you would like and marketing an invention, whatever it is ings will be taxed by the IRS. present it to me, and I can appoint for that you might do, the IRS will come We will have fewer dividends because you the committee that will produce along and identify that productivity companies are looking to figure out the result that you want. That is how and tax it, punish it, shrink it, take how they can avoid the corporate in- it has been done around this Hill since away your incentive to produce it. come tax in order to not pay out the time immemorial, how it is done in the Production is what drives this econ- dividends that come from the profits. real world, how it is done in the city omy, not spending. That’s a Keynesian And their dividends themselves are council meetings and the county super- mistake. It’s not and never has been an taxed. When the board of directors visory meetings and within the outside economy that is driven by government cashes in on those dividends, they are committees of our State legislatures. spending or the Federal Government looking at the tax liability; so they are And that is not a criticism of the peo- borrowing and bonding and putting thinking, let’s roll it. I don’t want to ple who sit on that debt commission. cash in the hands of people so they spend it into the economy to get this take that out because the IRS will b 2200 to recover. That is not the answer. come in and tax. They are good people by and large Our answer is we need to produce. We And by the way, investments in for- and by balance. But they do not rep- need to increase the production in eign lands, if they are repatriated into

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.058 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2873 the United States, there will be a cap- value of those companies because of that we had to drag all the way ital gains tax against that or an in- their creative ideas. Some of them will through. come tax against that as well. So there be such good nuts-and-bolts account- So I had come to a conclusion that I is in the order of $13 billion in private ants that they’ll find other ways for wanted to eliminate the IRS, that I sector capital that is stranded overseas companies to make money, and it wanted to end this punishment for pro- that isn’t coming back to the United might well be their companies. Some ductivity, that I wanted to put the tax States because there is a penalty there are entrepreneurs, but the creativity of on consumption, to let people earn all for bringing it into this economy. If we America is diminished because we’re they could earn, to save all they could would just suspend the tax on all the locking up a bunch of human capital to save, to invest all they wanted to in- capital overseas, we would see trillions audit and punish the productivity of vest, to accept the proceeds of their in- come back into the United States. Five the American people. vestments, and to move them around trillion perhaps in the first year, most What sense does that make, Madam without penalty. Sell anything you if not all of that in the succeeding Speaker? Why do we have a sense of want to sell. Take your capital gains. years. class envy against people who would be Put it in the bank, and do what you That’s why the fair tax is the right productive and who would make want to do. Yet, when you spend the way to go. There are many good rea- money? money, pay the tax. sons why the fair tax is the right way Now, I’m not among them. I’m not I understand, and I would think that to go, Madam Speaker. But the biggest going to die a rich man, Madam Speak- anybody at this level of government reason—two big reasons—one big rea- er. There is nobody in my lineage who’s should understand that businesses son is the fair tax ends the IRS. It ends going to pass it along to me. I’ve dedi- don’t pay taxes. Corporations, sole pro- the Internal Revenue Code. It ends the cated my life to this public service and prietorships, LLCs don’t pay taxes. punishment to productivity in Amer- have made a little money in my time, They collect taxes for government. ica. It stops the punishment of earn- not enough to talk about and certainly They pass the costs of taxes through to ings, savings and investment, and lets not enough to brag about, but I’ve en- the consumer, but they don’t pay a person earn all they can earn, save gaged in this free enterprise economy. taxes. If they didn’t pass those costs all they want to save, invest all they I started a business in 1975 when I along, they would be broke, and we all want to invest, and in fact take the had a negative net worth of $5,000. I know that. Businesses are effective and proceeds from the investments out and went out and bought an old, beaten-up efficient collectors of taxes for govern- move them around, put them in an in- bulldozer, an old D–717A. That machine ment, but they are not taxpayers. So vestment where they will return better was so decrepit that I couldn’t even put we can get to two principles here: rather than having to pay tax when it to work to make my first dollar One I’ve spoken about in some depth, you cash that check in. until I took the welder out and welded which is that taxing productivity re- So now we have all of these people on it for 2 weeks before I could get it duces our productivity. Increasing our that are involved in tax avoidance, all stuck together enough that I could put productivity is a solution for our econ- the tax attorneys that are involved, H it to work. I put it to work. After 3 omy, so we should take all of the tax & R Block involved in tax avoidance hours, I watched the old pressure gauge off of productivity, and we should put because the taxes may be avoided, they go from the peg of high pressure all the it on consumption. are delayed; but in effect they are often way down to zero—just about like that. The next principle is that businesses not circumvented. They must be paid As that happened, I dropped the throt- don’t pay taxes. They collect taxes eventually. Most of them. That’s what tle down and shut the machine off. I from consumers. So why wouldn’t we this Tax Code is set up to do. had to tear the engine all the way just allow the 44 or 45 States which My position is this: I am for H.R. 25. down and had to put it all the way currently have a sales tax to use the I am for the national sales tax. I am for back together in the rain. My wife was engine that they have, the system that the fair tax. And what it does, it takes standing there, 41⁄2-months pregnant they have, to collect the sales tax in all tax off of productivity, it abolishes with our first child, and I was torquing the same fashion that they’re col- the IRS, it puts the tax over on con- head bolts on a D–7, in the rain, in Sep- lecting it at the retail outlets within sumption, where it provides an incen- tember. That’s how we got started. their States now? No exemptions. We’d tive for savings and investment. When I have an appreciation for what it have to tax sales and service. Yes, gov- you tax consumption, that encourages takes to start a business, to make that ernment would have to pay that tax. people to invest and save. And they can business go, to grow that business to They’re paying it today in the embed- build their nest egg. And the capital where we can hire people and can pay ded costs of the things that they buy. comes back to the United States. That wages and benefits. I certainly have an The government has to pay tax. There big chunk of that $13 trillion comes appreciation, Madam Speaker, for has got to be a tax on sales and service, back to the United States. walking into my construction office and it would only be the last stop on And all of these high-rise buildings sometime in the early 1990s when I first the retail dollar. that have highly paid tax lawyers in it noticed this. My secretary had taken So, if it’s a farmer, for example, rest and the corporations that have whole our Christmas tree and had decorated easy because, if you go out and buy a floors of their buildings dedicated to that Christmas tree with gold sil- new combine or a planter or a tractor tax attorneys, tax advisers, account- houettes of Christmas trees, of Santa or a rotary hoe, or whatever it is that ants for the purpose of avoiding taxes, and a sleigh, of baby Jesus, of the Star it might be that you need, you all that goes away. And that human of Bethlehem, of snowflakes. Each one wouldn’t have to pay sales tax on that capital, the very smart people, moral, of those on that tree was engraved with equipment because that’s a business hardworking, ethical people who have the name of either an employee, a input cost. So you can buy equipment. legitimate jobs in today’s environment, spouse or one of their children, and You can put it into your fleet. You can they could turn their focus into pro- there were enough who were dependent work it, but you don’t have to pay ducing something that has value rather upon King Construction to decorate sales tax on that equipment because than tax delay or tax avoidance. that entire Christmas tree. That was it’s a business input cost; but if you the time it really hit me that the deci- buy, for example, a cap to put on your b 2210 sions that I made affected the lives of head while you ride around in that Think what it would be like to take all of those families and their children. combine or while you pull that planter all of those smart brains and turn them It was something that weighed on me on that new tractor, you’d pay sales loose to help us figure out how to be heavily but that also gave me great joy tax on the cap because that’s a per- more productive. Some of them will go during that time—to see that we had sonal item. That’s how the differentia- out and start a business. Those busi- built something that so many people tion comes down. We would have to tax nesses will go up, and they will be pub- were dependent upon, something that all goods and services. licly traded businesses eventually. was good and just and honest and de- So, if people are sitting there think- Some of them will go to work for other cent and productive. Of course, the tax ing, well, my pharmaceuticals will be companies, and they will add to the burden on that was one of the anchors exempted, no, sorry, we can’t exempt

VerDate Nov 24 2008 03:42 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.060 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2874 CONGRESSIONAL RECORD — HOUSE April 26, 2010 them either. Pharmaceuticals wouldn’t The lady who ran the checkout reg- Speaker, for this country to move be exempted. Neither would Pablum or ister rang it up, and said, Okay. That’ll down the path of a national sales tax Pampers or any of these products that be 96 cents. and toward abolishing the IRS. we would call ‘‘food’’ or preferred items He looked at her, and he said, But Some will say they support a na- for those organizations or entities that they’re 89 cents. That’s what it says on tional sales tax, H.R. 25, the Fair Tax, we think we’d like to untax, because, the box. provided that we first repeal the 16th as soon as we start creating exemp- She said, Well, no. You’ve got to pay Amendment, but that sets up an impos- tions, then there’s another exemption the Governor. You’ve got to pay the sible bar. Can we imagine any piece of that has equal or more merit. Pretty tax. legislation that we would predicate soon, it would narrow the tax base to So there he is with the 89 cents, hav- upon the passage of a constitutional the point where the rate would be too ing saved it to buy his Skittles. It’s a amendment? What if we had the flat high and we couldn’t sustain this. It transaction that’s pretty important to tax and we had to pass a constitutional has to be no exemptions. All tax on Michael Dix, as it should be to any amendment before we could adopt the sales and services must be paid. young child that age. He found out that flat tax? What if we had to pass a con- If you were to go out and build a new he had to pay the tax and that she stitutional amendment before we house, you would pay a sales tax on the wanted 96 cents. raised the debt ceiling? What if we had materials—on the lumber, on the He turned to his dad, and he said, fixated in the Constitution of the plumbing, which are all of the things Dad, I have to pay tax on Skittles? United States a debt ceiling that we that go into a new house, and on the Imagine, Madam Speaker. Imagine couldn’t surpass? I think that would be labor. Though, if you would sell that what that does. I don’t think Michael a good thing, actually. I’d like to new house the next week, there would Dix is going to be a guy who’s going to ratchet it down from where it is now. be no sales tax on it because it would grow up demanding that the Federal We couldn’t pass that constitutional be a used house, and the tax would Government produce more things for amendment. The bar is too high. The have already been paid on the mate- him. I don’t think he’s going to be one bar is too high to set the standard that rials and on the labor. Now, that might who’s going to tolerate higher taxes. I passing the repeal of the 16th Amend- seem like a high cost for a new house think this young man is going to grow ment is a condition to adopt a national except that the cost of those materials up to personal responsibility, very well sales tax. Here is the reality of it: that would go into the house would be, aware of how burdensome the Federal H.R. 25, the Fair Tax, does this. It on average, 22 percent cheaper. That’s and the State governments are. He’ll starts the process for the repeal of the because there is an embedded Federal make sure that when government pro- 16th Amendment and abolishes the tax in everything that we buy, which vides a service that it’s a good value IRS. It abolishes the Income Tax Code averages at 22 percent. Remember, for that and that it’s a necessary serv- in its entirety. these businesses don’t pay taxes. They ice, not one that’s frivolous—or, man, Can we imagine the American people pass them along to the consumers. he’s going to know always that the freed of the burden of the IRS—freed Here is how it works, Madam Speaker: money came out of the pocket of Mi- from the fear of audit? The American Their businesses will factor it into chael Dix and that it didn’t come out, people get 56 percent more on their their prices, and they must. That $1 necessarily, of the pocket of some paychecks. They make their own deci- widget has an average of 22-cents’ anonymous person. sions on when to pay their taxes, and worth of embedded Federal taxes in the It’s personal. The national sales tax, the IRS becomes a thing of history, price. So, if you would pass this na- the Fair Tax, makes this personal, and the Internal Revenue Code—the tional sales tax, the Fair Tax, you Madam Speaker. It makes it personal would see competition drive the price punishment, the tax on all produc- for millions and millions of kids who down. Your $1 widget would be priced tivity—is gone. are growing up in America and who are Do we think for a minute, Madam then at 78 cents. Twenty-two percent of making billions of transactions. Every Speaker, that this Congress of the the embedded cost of that $1 widget time, they’re being reminded that the would go down to 78 cents. Yes, you’d American people would tolerate the re- have to add back in a 23 percent embed- Federal Government is expensive. An establishment of the IRS or the rees- ded national sales tax in that on the expensive Federal Government that tablishment of the Income Tax Code? sales and on the service. Yes, that makes everybody a taxpayer becomes a No, they would not. In fact, they would would take that up to just a skosh over Federal Government that those tax- be so glad to get 56 percent more on $1 again. Yet people would get 56 per- payers demand less of. More freedom. their paychecks and would be so glad cent more in their paychecks. They Less taxes. That’s the equation. to have the freedom to make the deci- would have a lot more money to spend. The national sales tax, the Fair Tax, sions on when to pay their taxes rather The retail prices wouldn’t look a lot H.R. 25, is transformative. It’s trans- than having the IRS tell them, You different when you’d be done paying formative from an economic stand- shall pay it out of every dollar that the tax than they would today, but the point because it takes all of the taxes you make, that they would never tol- difference is that everybody would see off of productivity, and it puts all of erate the reestablishment of the IRS how expensive the Federal tax is, and the taxes on consumption. It provides nor the reestablishment of the Tax they would make less demands on gov- an incentive for earnings, savings, and Code. It’s that simple. They would, I ernment because it would make every- investments. It abolishes the punish- believe, chase the 16th Amendment one a taxpayer. ment for production, which is a tax on down with a great joy that they would Let me tell you the story of little Mi- corporate, personal, and business in- be relieved of it, and they would even- chael Dix, who is the son of an out- come tax and taxes on capital gains, tually abolish it and repeal it. standing once and future State legis- investments, interest income, and all Yet, to set the condition as a bar to lator in Iowa. Little Michael was about of the components—the State tax in- pass the Fair Tax, it is too high a bar. 8 years old when this happened. We cluded. It does all of those things. The It’s not an impossibility, but it’s an ex- have a 7 percent sales tax in the State, Fair Tax does everything good that treme difficulty, and it becomes a se- in many of the regions, and I trust it anybody’s tax reform does. It does mantics argument rather than a prac- was in this one. He’d saved up his them all. It does them all better, and tical one. So, Madam Speaker, I’ll money, and he wanted to go in and buy the American people are getting closer make this point: a little box of Skittles—those little to understanding what this means. In 30 years of making this argument, sweets that are there on the counter. The American people can visualize I have never run into an argument for They were 89 cents, and he’d saved his what happens—a world without the some other tax reform that is economi- money and had counted it out. He went IRS, a world without punishment for cally superior to the national sales tax, in and got his Skittles out and laid production, a world that has little kids to the Fair Tax. I have not run into them up on the counter at the conven- growing up like Michael Dix, who is that argument. I have not been in a de- ience store. He counted out his money, now a young man who understands bate where I thought that the other the 89 cents, all the way up to the right that paying taxes is a personal experi- side made a point that I had trouble penny. ence. It’s transformative, Madam addressing economically. The only

VerDate Nov 24 2008 04:08 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.061 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2875 point that they can make is that, in (The following Members (at the re- cal Year 2010; to the Committee on Armed their judgment, it’s too difficult to quest of Mr. ALTMIRE) to revise and ex- Services. pass politically. tend their remarks and include extra- 7173. A letter from the Deputy to the Chairman, Federal Deposit Insurance Cor- Well, when you tell the American neous material:) poration, transmitting the Corporation’s people that the IRS is going to be gone Ms. WOOLSEY, for 5 minutes, today. final rule — Transitional Safe Harbor Pro- and that we’re going to put those Mr. ALTMIRE, for 5 minutes, today. tection for Treatment by the Federal De- smart, good people at the IRS to work Mr. DEFAZIO, for 5 minutes, today. posit Insurance Corporation as Conservator in the productive sector of the econ- Ms. JACKSON LEE of Texas, for 5 min- or Receiver of Financial Assets Transferred omy instead of in the burdensome sec- utes, today. by an Insured Depository Institution in Con- (The following Members (at the re- nection With a Securitization or Participa- tor of the economy, they’re going to tion (RIN: 3064-AD55) received April 8, 2010, cheer. They’re going to stand up, and quest of Mr. POE of Texas) to revise and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- they’re going to applaud. They’ve done extend their remarks and include ex- mittee on Financial Services. that for me over and over again. traneous material:) 7174. A letter from the Chairman, Federal The time is right. The economy is in Mr. POSEY, for 5 minutes, April 29. Reserve System, transmitting the Board’s a sad condition. We don’t have a Presi- Mr. FORBES, for 5 minutes, April 27 report pursuant to the Buy American Act for and 28. Fiscal Year 2009; to the Committee on Finan- dent who understands this free market cial Services. economy. I don’t think he believes in Mr. DENT, for 5 minutes, April 28. 7175. A letter from the Director, Regu- it. He has been nationalizing it right Ms. ROS-LEHTINEN, for 5 minutes, latory Management Division, Environmental and left. He has been nationalizing the April 27 and 28. Protection Agency, transmitting the Agen- three large investment banks; AIG, the (The following Member (at her own cy’s final rule — Approval and Promulgation insurance company; Fannie Mae and request) to revise and extend her re- of Air Quality Implementation Plans; Indi- marks and include extraneous mate- ana; Alternate Monitoring Requirements for Freddie Mac; General Motors; and Indianapolis Power and Light — Harding Chrysler. The Student Loan Program rial:) Street Station [EPA-R05-OAR-2009-0118; has been completely taken over by the Ms. ROS-LEHTINEN, for 5 minutes, FRL-9124-9] received April 7, 2010, pursuant Federal Government. ObamaCare has today. to 5 U.S.C. 801(a)(1)(A); to the Committee on swallowed up the most sovereign thing f Energy and Commerce. that we have, our bodies. Our skin and 7176. A letter from the Director, Regu- ADJOURNMENT everything inside it has now been latory Management Division, Environmental Mr. KING of Iowa. Madam Speaker, I Protection Agency, transmitting the Agen- taken over and is managed by the Fed- cy’s final rule — Revisions to the California eral Government. move that the House do now adjourn. State Implementation Plan, Sacramento This President and this majority in The motion was agreed to; accord- Metropolitan Air Quality Management Dis- Congress don’t begin to understand the ingly (at 10 o’clock and 25 minutes trict [EPA-R09-OAR-2010-0045; FRL-9124-5] re- sovereignty of the individual or the p.m.), under its previous order, the ceived April 7, 2010, pursuant to 5 U.S.C. free market system that we have, but House adjourned until tomorrow, Tues- 801(a)(1)(A); to the Committee on Energy and day, April 27, 2010, at 10:30 a.m., for Commerce. the American people understand, 7177. A letter from the Principal Deputy Madam Speaker. The American people morning-hour debate. General Counsel, Federal Energy Regulatory are going to be given a choice this No- f Commission, transmitting the Commission’s vember. They are going to choose free- final rule — Transmission Relay Loadability EXECUTIVE COMMUNICATIONS, Reliability Standard [Docket No.: RM08-13- dom. They are going to choose liberty. ETC. They are going to choose constitu- 000; Order No. 733] April 8, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on tional conservatism. I look forward to Under clause 2 of Rule XIV, executive communications were taken from the Energy and Commerce. the transformation, to the freedom, 7178. A letter from the Chief, Publications and to the liberty that comes from the Speaker’s table and referred as follows: and Regulations Branch, Internal Revenue people who step up to their own per- 7168. A letter from the Director, Regu- Service, transmitting the Agency’s final rule sonal responsibility. latory Management Division, Environmental — Approval and Promulgation of Air Quality I thank you so much for your indul- Protection Agency, transmitting the Agen- Implementation Plans; Wisconsin; Particu- late Matter Standards [EPA-R05-OAR-2009- gence and for your attention here this cy’s final rule — Alkyl (C12-C16) Dimethyl Ammonio Acetate; Exemption from the Re- 0731; FRL-9129-7] received April 7, 2010, pur- evening, and I yield back the balance of quirement of a Tolerance [EPA-HQ-OPP- suant to 5 U.S.C. 801(a)(1)(A); to the Com- my time. 2009-0479; FRL-8816-5] received April 7, 2010, mittee on Energy and Commerce. f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 7179. A letter from the Assistant Secretary, mittee on Agriculture. Legislative Affairs, Department of State, LEAVE OF ABSENCE 7169. A letter from the Director, Regu- transmitting Pursuant to section 102(g) of By unanimous consent, leave of ab- latory Management Division, Environmental the Foreign Relations Authorization Act for Protection Agency, transmitting the Agen- FY 1994 and 1995 (Pub. L. 103-236 as amended sence was granted to: by 103-415), certification for FY 2010 that no Mr. CUMMINGS (at the request of Mr. cy’s final rule — Kasugamycin; Pesticide Tolerances for Emergency Exemptions [EPA- United Nations affiliated agency grants any HOYER) for today on account of busi- HQ-OPP-2008-0695; FRL-8808-7] received April offical staus, accreditation, or recognition to ness in the district. 7, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to any organization which promotes and con- Mr. DAVIS of Illinois (at the request the Committee on Agriculture. dones or seeks the legalization of pedophilia; to the Committee on Foreign Affairs. of Mr. HOYER) for today. 7170. A letter from the Director, Regu- 7180. A letter from the Chairman, National Ms. FUDGE (at the request of Mr. latory Management Division, Environmental Credit Union Administration, transmitting HOYER) for today on account of official Protection Agency, transmitting the Agen- the Administration’s annual report for FY business. cy’s final rule — Thifensulfuron methyl; Pes- 2009 prepared in accordance with the Notifi- Ms. KILPATRICK of Michigan (at the ticide Tolerances [EPA-HQ-OPP-2009-0134; cation and Federal Employee Antidiscrimi- FRL-8818-9] received April 7, 2010, pursuant request of Mr. HOYER) for today. nation and Retaliation Act of 2002 (No FEAR to 5 U.S.C. 801(a)(1)(A); to the Committee on Act); to the Committee on Oversight and Mr. CULBERSON (at the request of Mr. Agriculture. BOEHNER) for today on account of ill- Government Reform. 7171. A letter from the Secretary, 7181. A letter from the Director Equal Em- ness. Deapartment of the Army, transmitting no- ployment Opportunity, National Endowment Mr. FLEMING (at the request of Mr. tification that the Average Procurement for the Humanities, transmitting notifica- BOEHNER) for today on account of un- Unit Cost (APUC) and Program Acquisition tion that the National Endowment for the avoidable travel delays resulting from Unit Cost metrics for the Army’s Advanced Humanities is in compliance with the No inclement weather. Threat Infrared Countermeasure and Com- FEAR Act for fiscal year 2009 and that there mon Missile Warning System (ATIRCM/ f were no incidents of discrimination reported; CMWS) program, pursuant to 10 U.S.C. to the Committee on Oversight and Govern- SPECIAL ORDERS GRANTED 2433(e)(1); to the Committee on Armed Serv- ment Reform. ices. 7182. A letter from the Inspector General, By unanimous consent, permission to 7172. A letter from the Assistant Secretary, U.S. House of Representatives, transmitting address the House, following the legis- Department of Defense, transmitting mod- the results of an audit of the U.S. House of lative program and any special orders ernization priority assessments for the Na- Representatives’ annual financial state- heretofore entered, was granted to: tional Guard and Reserve equipment for Fis- ments for the fiscal year ending September

VerDate Nov 24 2008 04:44 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.063 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2876 CONGRESSIONAL RECORD — HOUSE April 26, 2010

30, 2008; to the Committee on House Adminis- Remove Obsolete References to Herbicides DISCHARGE OF COMMITTEE tration. Containing Dioxin (RIN: 2900-AN56) received [The following action occurred on April 23, 2010] 7183. A letter from the Assistant Attorney April 8, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); Pursuant to clause 2 of rule XIII the General, Department of Justice, transmit- to the Committee on Veterans’ Affairs. ting the Department’s quarterly report from 7192. A letter from the Program Manager, Committee on Oversight and Govern- the Office of Privacy and Civil Liberties, Department of Health and Human Services, ment Reform discharged from further pursuant to Public Law 110-53, section 803 transmitting the Department’s final rule — consideration. H.R. 5013 referred to the (121 Stat. 266, 360); to the Committee on the Temporary Assistance for Needy Families Committee of the Whole House on the Judiciary. (TANF) Carry-over Funds (RIN: 0970-AC40) State of the Union. 7184. A letter from the Paralegal Spe- received April 6, 2010, pursuant to 5 U.S.C. cialist, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Ways and f mitting the Department’s final rule — Air- Means. PUBLIC BILLS AND RESOLUTIONS worthiness Directives; The Boeing Company 7193. A letter from the Chief, Publications Model 777-200, -200LR, -300, -300ER, and 777F and Regulations Branch, Internal Revenue Under clause 2 of rule XII, public Series Airplanes [Docket No.: FAA-2010-0221; Service, transmitting the Service’s final rule bills and resolutions of the following Directorate Identifier 2010-NM-043-AD; — Life Insurance Reserves —— Actuarial titles were introduced and severally re- Amendment 39-16233; AD 2010-06-09] (RIN: Guideline XLIII [Notice 2010-09] received ferred, as follows: 2120-AA64) received March 25, 2010, pursuant April 5, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); By Mr. SKELTON (for himself and Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Ways and Means. MCKEON) (both by request): Transportation and Infrastructure. 7194. A letter from the Chief, Publications H.R. 5136. A bill to authorize appropria- 7185. A letter from the Paralegal Spe- and Regulations, Internal Revenue Service, tions for fiscal year 2011 for military activi- cialist, Department of Transportation, trans- transmitting the Service’s final rule — An- ties of the Department of Defense, to pre- mitting the Department’s final rule — Air- nouncement and Report Concerning Advance scribe military personnel strengths for such worthiness Directives; Eurocopter France Pricing Agreements [Announcement 2010-21] fiscal year, and for other purposes; to the Model AS 332 C, L, L1, and L2; AS 350 B3; received April 5, 2010, pursuant to 5 U.S.C. Committee on Armed Services. AS355 F, F1, F2, and N; SA 365N and N1; AS 801(a)(1)(A); to the Committee on Ways and By Mr. CROWLEY (for himself and 365 N2 and N3; SA 366G1; EC 130 B4; and EC Means. Mrs. BONO MACK): 155B and B1 Helicopters [Docket No.: FAA- 7195. A letter from the Chief, Publications H.R. 5137. A bill to amend title 18, United 2009-0663; Directorate Identifier 2007-SW-25- and Regulations Branch, Internal Revenue States Code, to provide penalties for trans- AD; Amendment 39-16231; AD 2010-06-07] (RIN: Service, transmitting the Service’s final rule porting minors in foreign commerce for the 2120-AA64) received March 25, 2010, pursuant — Publication of Inflation Adjustment Fac- purposes of female genital mutilation; to the to 5 U.S.C. 801(a)(1)(A); to the Committee on tor, Nonconventional Source Fuel Credit, Committee on the Judiciary. Transportation and Infrastructure. and Reference Price for Calendar Year 2009 By Mr. SMITH of New Jersey (for him- 7186. A letter from the Paralegal Spe- [4830-01-P] received April 7, 2010, pursuant to self, Mr. PAYNE, Ms. ROS-LEHTINEN, cialist, Department of Transportation, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. DANIEL E. LUNGREN of California, mitting the Department’s final rule — Air- Ways and Means. Mr. CRENSHAW, Mr. WILSON of South worthiness Directives; General Electric Com- 7196. A letter from the Chief, Publications Carolina, Mr. BURTON of Indiana, Mr. pany CF6-45 and CF6-50 Series Turbofan En- and Regulations Branch, Internal Revenue FORTENBERRY, Mr. POE of Texas, Mr. gines [Docket No.: FAA-2010-0068; Direc- Service, transmitting the Service’s final rule LANCE, Mr. ADERHOLT, Mr. UPTON, torate Identifier 2010-NE-05-AD; Amendment — Travel Expenses of State Legislators [TD Mr. PITTS, Mr. KING of New York, Mr. 39-16240; AD 2010-06-15] (RIN: 2120-AA64) re- 9481] (RIN: 1545-BG92) received April 7, 2010, WOLF, Mrs. SCHMIDT, Mr. PASCRELL, ceived March 25, 2010, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Mr. DAVIS of Tennessee): 801(a)(1)(A); to the Committee on Transpor- mittee on Ways and Means. H.R. 5138. A bill to protect children from tation and Infrastructure. 7197. A letter from the Chief, Publications sexual exploitation by mandating reporting 7187. A letter from the Paralegal Spe- and Regulations Branch, Internal Revenue requirements for convicted sex traffickers cialist, Department of Transportation, trans- Service, transmitting the Service’s final rule and other registered sex offenders against mitting the Department’s final rule — Air- — Update for Weighted Average Interest minors intending to engage in international worthiness Directives; Honeywell Inter- Rates, Yield Curves, and Segment Rates [No- travel, providing advance notice of intended national Inc. TFE731 Series Turbofan En- tice 2010-36] received April 7, 2010, pursuant travel by high interest registered sex offend- gines [Docket No.: FAA-2009-0331; Direc- to 5 U.S.C. 801(a)(1)(A); to the Committee on ers outside the United States to the govern- torate Identifer 2008-NE-40-AD; Amendment Ways and Means. 39-16235; AD 2010-06-11] (RIN: 2120-AA64) re- 7198. A letter from the Chief, Publications ment of the country of destination, request- ceived March 25, 2010, pursuant to 5 U.S.C. and Regulations Branch, Internal Revenue ing foreign governments to notify the United 801(a)(1)(A); to the Committee on Transpor- Service, transmitting the Service’s final rule States when a known child sex offender is tation and Infrastructure. — PFIC shareholder reporting under new sec- seeking to enter the United States, and for 7188. A letter from the Paralegal Spe- tion 1298(f) for tax years beginning before other purposes; to the Committee on Foreign cialist, Department of Transportation, trans- March 18, 2010 [Notice 2010-34] received April Affairs, and in addition to the Committee on mitting the Department’s final rule — Air- 7, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Judiciary, for a period to be subse- worthiness Directives; Learjet Inc. Model 45 the Committee on Ways and Means. quently determined by the Speaker, in each Airplanes [Docket No.: FAA-2010-0226; Direc- case for consideration of such provisions as f torate Identifier 2010-NM-034-AD; Amend- fall within the jurisdiction of the committee ment 39-16238; AD 2010-06-13] (RIN: 2120-AA64) REPORTS OF COMMITTEES ON concerned. received March 25, 2010, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS By Mr. BERMAN: 801(a)(1)(A); to the Committee on Transpor- H.R. 5139. A bill to provide for the Inter- tation and Infrastructure. Under clause 2 of rule XIII, reports of national Organizations Immunities Act to be 7189. A letter from the Paralegal Spe- committees were delivered to the Clerk extended to the Office of the High Represent- cialist, Department of Transportation, trans- for printing and reference to the proper ative in Bosnia and Herzegovina and the mitting the Department’s final rule — Air- calendar, as follows: International Civilian Office in Kosovo; to worthiness Directives; Sikorsky Aircraft [The following action occurred on April 23, 2010] the Committee on Foreign Affairs. Corporation Model S-76C Helicopters [Docket By Mr. HOLT: Mr. SKELTON: Committee on Armed Serv- No.: FAA-2010-0242; Directorate Identifier H.R. 5140. A bill to require the Director of ices. H.R. 5013. A bill to amend title 10, 2009-SW-27-AD; Amendment 39-16232; AD 2010- the White House Office of Science and Tech- United States Code, to provide for perform- 06-08] (RIN: 2120-AA64) received March 25, nology Policy to conduct a study and to pre- ance management of the defense acquisition 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the pare a comprehensive national economic system, and for other purposes; with an Committee on Transportation and Infra- competitiveness and innovation strategy; to amendment (Rept. 111–465, Pt. 1). Referred to structure. the Committee on Science and Technology, the Committee of the Whole House on the 7190. A letter from the Secretary, Federal and in addition to the Committees on Energy State of the Union and ordered to be printed. Maritime Commission, transmitting the and Commerce, the Judiciary, Education and Commission’s final rule — Repeal of Marine [Submitted April 26, 2010] Labor, and Ways and Means, for a period to Terminal Agreement Exemption [Docket Mr. CONYERS: Committee on the Judici- be subsequently determined by the Speaker, No.: 09-02] (RIN: 3072-AC 35) received April 8, ary. H.R. 1478. A bill to amend chapter 171 of in each case for consideration of such provi- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the title 28, United States Code, to allow mem- sions as fall within the jurisdiction of the Committee on Transportation and Infra- bers of the Armed Forces to sue the United committee concerned. structure. States for damages for certain injuries By Mr. DANIEL E. LUNGREN of Cali- 7191. A letter from the Director, Regula- caused by improper medical care, and for fornia: tions Policy and Management, Department other purposes; with an amendment (Rept. H.R. 5141. A bill to repeal the expansion of of Veterans Affairs, transmitting the Depart- 111–466). Referred to the Committee of the information reporting requirements for pay- ment’s final rule — Revision of 38 CFR 1.17 to Whole House on the State of the Union. ments of $600 or more to corporations, and

VerDate Nov 24 2008 04:08 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\L26AP7.000 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE April 26, 2010 CONGRESSIONAL RECORD — HOUSE H2877

for other purposes; to the Committee on H.R. 3463: Mr. SCALISE. H.R. 5019: Mr. MCNERNEY, Mr. HINCHEY, Mr. Ways and Means. H.R. 3564: Ms. SPEIER and Ms. HIRONO. BRALEY of Iowa, Mr. HIMES, Mr. HARE, and By Ms. SCHWARTZ (for herself, Mr. H.R. 3577: Mr. FORBES. Ms. SCHAKOWSKY. SCHAUER, and Mr. BILBRAY): H.R. 3745: Mr. MCGOVERN. H.R. 5029: Mr. LATTA and Mr. CULBERSON. H.R. 5142. A bill to amend the Internal Rev- H.R. 3764: Mr. DRIEHAUS, Ms. JACKSON LEE H.R. 5032: Mr. ISRAEL. enue Code of 1986 to provide for an invest- of Texas, and Mr. BISHOP of Georgia. H.R. 5034: Mr. KIND, Mr. MICA, Mr. THORN- ment tax credit for facilities, and for H.R. 3790: Mr. MCGOVERN, Mr. SCHIFF, and BERRY, Mr. WILSON of Ohio, Mr. BARROW, Mr. other purposes; to the Committee on Ways Mr. THOMPSON of California. FILNER, Mr. PASTOR of Arizona, Mr. WEST- and Means. H.R. 3813: Mr. COLE. MORELAND, Mr. PUTNAM, Mr. SHULER, Mr. By Mr. SHIMKUS (for himself and Mr. H.R. 3995: Mr. HONDA. PATRICK J. MURPHY of Pennsylvania, and Mr. KUCINICH): H.R. 4004: Mr. QUIGLEY. CHILDERS. H. Con. Res. 267. Concurrent resolution H.R. 4051: Mr. POE of Texas. H.R. 5043: Mr. GEORGE MILLER of Cali- congratulating the Baltic nations of Estonia, H.R. 4054: Mr. QUIGLEY, Mr. FORBES, and fornia, Ms. CHU, Mr. JOHNSON of Georgia, Mr. Latvia, and Lithuania on the 20th anniver- Ms. HIRONO. POLIS, and Ms. WOOLSEY. sary of the reestablishment of their full inde- H.R. 4085: Mr. HIGGINS. H.R. 5054: Mr. JONES, Mr. FRANKS of Ari- pendence; to the Committee on Foreign Af- H.R. 4090: Mr. KILDEE and Mr. COLE. zona, and Mr. SOUDER. fairs. H.R. 4109: Mr. DAVIS of Illinois. H.R. 5058: Mr. CULBERSON. By Mr. POE of Texas: H.R. 4112: Mr. AUSTRIA and Mr. PLATTS. H.R. 5081: Mr. MCMAHON. H. Res. 1299. A resolution supporting the H.R. 4241: Ms. SHEA-PORTER. H.R. 5092: Mr. ACKERMAN, Mr. CALVERT, Mr. goals and ideals of Peace Officers Memorial H.R. 4255: Mr. MELANCON and Mr. GORDON HINCHEY, Mr. MELANCON, Mr. MICHAUD, Mr. Day; to the Committee on the Judiciary. of Tennessee. GEORGE MILLER of California, Mrs. MYRICK, H.R. 4278: Mr. WU, Mr. PAULSEN, Mr. AKIN, Mr. PIERLUISI, Mr. POLIS, Ms. SHEA-PORTER, f Mr. SAM JOHNSON of Texas, Mr. DAVIS of Illi- Mr. GARAMENDI, Ms. BORDALLO, Ms. SLAUGH- nois, Mr. LAMBORN, Ms. HIRONO, and Mr. ADDITIONAL SPONSORS TER, Mr. GRIFFITH, Mr. PLATTS, and Mr. SAR- MCCOTTER. BANES. Under clause 7 of rule XII, sponsors H.R. 4287: Mr. CONNOLLY of Virginia and H.R. 5095: Mrs. MILLER of Michigan and Mr. were added to public bills and resolu- Mr. MOORE of Kansas. FRELINGHUYSEN. tions as follows: H.R. 4306: Mr. ARCURI and Mr. PAULSEN. H.R. 5102: Mr. FOSTER. H.R. 4353: Ms. CHU. H.R. 5121: Mr. HASTINGS of Florida. H.R. 39: Ms. RICHARDSON and Ms. EDWARDS H.R. 4371: Mr. ANDREWS, Mr. BOOZMAN, Mr. H.R. 5125: Mr. GARAMENDI, Ms. MATSUI, and of Maryland. ROGERS of Alabama, Mr. BONNER, Mr. COLE, Ms. RICHARDSON. H.R. 162: Mrs. BACHMANN. Mr. WHITFIELD, Mr. BRIGHT, Mr. VAN HOLLEN, H.J. Res. 42: Mr. PETRI. H.R. 197: Mr. BOSWELL. Mr. BILIRAKIS, Mr. PLATTS, and Mr. GRAVES. H. Con. Res. 110: Mr. PATRICK J. MURPHY of H.R. 422: Mr. GOODLATTE. H.R. 4376: Mr. FARR, Mr. BRADY of Pennsyl- Pennsylvania and Mr. SCHOCK. H.R. 444: Mr. OLVER. vania, Ms. HIRONO, Mr. MOORE of Kansas, and H. Con. Res. 128: Ms. NORTON, Mr. FILNER, H.R. 537: Mr. MCNERNEY. Mr. HIMES. and Mr. BERRY. LAKE INCHEY H.R. 571: Mr. F and Mr. H . H.R. 4392: Mr. SMITH of New Jersey. H. Con. Res. 202: Mr. STUPAK. H.R. 734: Mr. MEEK of Florida. H.R. 4403: Mr. REYES. H. Con. Res. 240: Mrs. DAVIS of California, H.R. 745: Mr. DRIEHAUS. H.R. 4440: Mr. WALZ. Mr. FILNER, Mr. GARAMENDI, and Mr. MOORE H.R. 847: Mr. MILLER of North Carolina. H.R. 4502: Ms. WOOLSEY and Mr. MILLER of of Kansas. H.R. 848: Mr. GARAMENDI. North Carolina. H. Con. Res. 253: Mr. LARSON of Con- H.R. 891: Mr. GUTIERREZ. H.R. 4520: Ms. DELAURO. necticut. H.R. 953: Mr. SCHIFF. H.R. 4544: Mr. OWENS, Mr. KENNEDY, Mr. H. Con. Res. 261: Mr. ROSS, Mrs. H.R. 1021: Mr. BOSWELL. RYAN of Ohio, Mr. TONKO, and Mr. SCHOCK. BLACKBURN, Mrs. CHRISTENSEN, Mrs. H.R. 1326: Mr. PIERLUISI. H.R. 4597: Mr. HODES. NAPOLITANO, Mr. HARE, Mr. WILSON of Ohio, H.R. 1547: Mr. MARIO DIAZ-BALART of Flor- H.R. 4616: Mr. ELLISON. Mr. SCHIFF, Ms. JENKINS, Mr. WILSON of ida, Mr. FORBES, Mr. BROUN of Georgia, Mr. H.R. 4630: Ms. CHU. South Carolina, and Mr. MINNICK. LARSON of Connecticut, Mr. MCDERMOTT, H.R. 4638: Mr. MCGOVERN. H. Con. Res. 262: Ms. SCHAKOWSKY, Mrs. Mrs. MCCARTHY of New York, Mr. BONNER, H.R. 4677: Mr. COURTNEY. MALONEY, and Mr. PAYNE. and Mr. BOCCIERI. H.R. 4684: Mr. CUMMINGS. H. Con. Res. 265: Mr. ADERHOLT. H.R. 1549: Ms. CASTOR of Florida. H.R. 4689: Ms. SLAUGHTER. H. Res. 173: Mr. MELANCON, Mr. VAN H.R. 1557: Mr. INSLEE. H.R. 4692: Ms. KILPATRICK of Michigan and HOLLEN, Mr. ADLER of New Jersey, Ms. H.R. 1722: Mr. TOWNS. Mr. FOSTER. MCCOLLUM, Mr. MORAN of Kansas, Mr. H.R. 1806: Mr. DRIEHAUS, Mr. RUSH, and Mr. H.R. 4722: Mr. KILDEE. DRIEHAUS, Mr. CHILDERS, Mr. PASCRELL, and SCHIFF. H.R. 4785: Mr. BOSWELL, Mr. ROGERS of Ala- Mrs. MCCARTHY of New York. H.R. 2049: Mr. MCNERNEY. bama, Mr. THOMPSON of Mississippi, and Mr. H. Res. 375: Mr. RAHALL. H.R. 2061: Mr. FORBES. ROGERS of Kentucky. H. Res. 407: Mr. BACA and Mr. ENGEL. H.R. 2112: Mr. DAVIS of Illinois and Mr. H.R. 4788: Mr. HOLT, Mr. SHULER, Mr. H. Res. 886: Mr. MINNICK and Mr. BRADY of HEINRICH. SCHIFF, and Mrs. MCCARTHY of New York. Pennsylvania. H.R. 2142: Mr. MCCAUL. H.R. 4790: Ms. HIRONO, Ms. LINDA T. H. Res. 898: Mr. JOHNSON of Georgia. H.R. 2203: Mr. MCCOTTER. SA´ NCHEZ of California, and Ms. SHEA-PORTER. H. Res. 1026: Mr. KLINE of Minnesota. H.R. 2222: Mr. FILNER. H.R. 4844: Ms. SUTTON, Mr. FLEMING, and H. Res. 1106: Mr. OWENS and Ms. BORDALLO. H.R. 2243: Mr. ROYCE. Mr. OWENS. H. Res. 1129: Ms. ROS-LEHTINEN. H.R. 2324: Mrs. DAVIS of California, Mr. H.R. 4850: Mr. AUSTRIA, Mr. BISHOP of Geor- H. Res. 1176: Mr. MINNICK. CLAY, Mr. TIERNEY, and Mr. HIMES. gia, Mr. GONZALEZ, and Mr. BOCCIERI. H. Res. 1196: Mr. MCCOTTER. H.R. 2400: Mrs. CHRISTENSEN. H.R. 4861: Mr. COHEN. H. Res. 1201: Mr. PENCE, Mr. HILL, and Mr. H.R. 2408: Mr. COHEN. H.R. 4886: Mr. SABLAN. SOUDER. H.R. 2478: Mr. ROE of Tennessee, Ms. H.R. 4903: Mr. PRICE of Georgia. H. Res. 1208: Mr. BILBRAY and Mr. GOOD- ESHOO, Ms. EDWARDS of Maryland, and Mr. H.R. 4904: Mr. BOOZMAN. LATTE. NADLER of New York. H.R. 4908: Mr. CLAY. H. Res. 1211: Mr. WILSON of South Carolina, H.R. 2483: Mr. ADLER of New Jersey. H.R. 4920: Ms. EDDIE BERNICE JOHNSON of Mr. SHIMKUS, Mr. CUMMINGS, Mr. OWENS, and H.R. 2546: Mr. LEE of New York. Texas, Mr. FILNER, Mr. SCOTT of Virginia, Mr. GARAMENDI. H.R. 2850: Ms. DELAURO. Mr. JOHNSON of Georgia, Mr. AL GREEN of H. Res. 1226: Mr. MCCAUL, Mr. WU, Mr. H.R. 2866: Mrs. DAVIS of California. Texas, Mr. COHEN, Mr. TONKO, Ms. SUTTON, ROSKAM, Mr. ALTMIRE, Ms. SPEIER, Mr. CHAN- H.R. 2999: Mr. FRANK of Massachusetts. and Ms. NORTON. DLER, Mr. SCHAUER, Mr. BISHOP of Georgia, H.R. 3041: Mr. KUCINICH. H.R. 4947: Mr. BARTLETT, Mr. BRADY of Mr. CAPUANO, and Mr. KLEIN of Florida. H.R. 3048: Mr. KUCINICH. Pennsylvania, Ms. BORDALLO, Mr. DAVIS of H. Res. 1244: Mr. EDWARDS of Texas, Mr. H.R. 3070: Mr. SCOTT of Georgia, Mr. MORAN Tennessee, Mr. SMITH of New Jersey, Mr. CUELLAR, and Mr. GONZALEZ. of Virginia, Mr. ROSS, Mr. GARAMENDI, and HOLT, Mr. ELLSWORTH, Ms. WASSERMAN H. Res. 1245: Mr. CHAFFETZ. Mr. SIRES. SCHULTZ, Mr. FORTENBERRY, Mr. BONNER, Mr. H. Res. 1251: Mrs. BLACKBURN, Mr. INGLIS, H.R. 3268: Mr. PLATTS. MORAN of Kansas, and Mr. HALL of New Mr. BARTON of Texas, Mrs. MYRICK, Mr. ISSA, H.R. 3333: Mr. ARCURI. York. and Mr. MCCOTTER. H.R. 3339: Ms. GIFFORDS and Mr. DEFAZIO. H.R. 4995: Mr. LAMBORN and Mr. DUNCAN. H. Res. 1258: Mr. WAXMAN, Mr. HASTINGS of H.R. 3393: Ms. TITUS, Ms. KILROY, and Ms. H.R. 5015: Mr. PASTOR of Arizona, Mr. Florida, Mr. GARY G. MILLER of California, BEAN. ROTHMAN of New Jersey, and Ms. Mr. TEAGUE, Ms. MCCOLLUM, Mrs. H.R. 3440: Mr. SESSIONS. SCHAKOWSKY. CHRISTENSEN, Mr. DOYLE, Mr. LEWIS of Geor- H.R. 3441: Mr. MEEKS of New York and Mr. H.R. 5017: Mr. SKELTON, Ms. HIRONO, and gia, Ms. NORTON, Mr. MARKEY of Massachu- CARNEY. Mr. POMEROY. setts, Mr. FARR, Mrs. MYRICK, Ms. MATSUI,

VerDate Nov 24 2008 04:08 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\L26AP7.100 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE H2878 CONGRESSIONAL RECORD — HOUSE April 26, 2010

Mr. PERLMUTTER, Mr. HINOJOSA, Mr. CAO, H. Res. 1289: Mr. LATHAM and Mr. FRELING- 5013, the Implementing Management for Per- Mrs. BONO MACK, Ms. CHU, Mr. ARCURI, Mrs. HUYSEN. formance and Related Reforms to Obtain DAHLKEMPER, Mr. SULLIVAN, Mr. TONKO, and H. Res. 1291: Mr. OWENS, Mr. MAFFEI, and Value in Every Acquisition Act of 2010, does Mr. MCGOVERN. Mr. HINCHEY. not contain any congressional earmarks, H. Res. 1259: Ms. DELAURO. f limited tax benefits, or limited tariff bene- H. Res. 1261: Mr. SCHRADER and Mr. LEE of fits as defined in clause 9 of rule XXI. New York. CONGRESSIONAL EARMARKS, LIM- H. Res. 1265: Ms. LORETTA SANCHEZ of Cali- ITED TAX BENEFITS, OR LIM- f fornia, Mr. BERMAN, and Mr. GENE GREEN of ITED TARIFF BENEFITS DELETIONS OF SPONSORS FROM Texas. Under clause 9 of rule XXI, lists of H. Res. 1277: Mr. HIMES, Mr. CUMMINGS, and PUBLIC BILLS AND RESOLUTIONS statements on congressional earmarks, Ms. SCHAKOWSKY. Under clause 7 of rule XII, sponsors H. Res. 1279: Mr. GARRETT of New Jersey, limited tax benefits, or limited tariff Mr. MANZULLO, Mr. LATHAM, and Mr. JORDAN benefits were submitted as follows: were deleted from public bills and reso- of Ohio. The amendment to be offered by Rep- lutions as follows: H. Res. 1284: Mr. GRAVES. resentative SKELTON, or a designee, to H.R. H.R. 4753: Mr. JOHNSON of Georgia.

VerDate Nov 24 2008 04:08 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.022 H26APPT1 tjames on DSKG8SOYB1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, MONDAY, APRIL 26, 2010 No. 59 Senate The Senate met at 2 p.m. and was Senator from the Commonwealth of Vir- The senior Senator from Kentucky called to order by the Honorable MARK ginia, to perform the duties of the Chair. and I have fundamental policy dif- R. WARNER, a Senator from the Com- ROBERT C. BYRD, ferences on a number of issues, but no monwealth of Virginia. President pro tempore. one should take my disagreement with Mr. WARNER thereupon assumed the my friend to question his honesty. PRAYER chair as Acting President pro tempore. Wall Street reform is as complex as The Chaplain, Dr. Barry C. Black, of- f the financial instruments that fueled a fered the following prayer: RECOGNITION OF THE MAJORITY worldwide recession. But voting to Let us pray. LEADER start on the Wall Street reform is as Lord, God, our Heavenly Father, You simple as right and wrong. This bill The ACTING PRESIDENT pro tem- and the debate are about the ability to continue to open to us new horizons of pore. The majority leader is recog- hope. We praise You that our daily trust our financial system again. They nized. are about giving families the peace of work is intended by You as a blessing Mr. REID. Mr. President, I suggest mind that they will be able to keep and not a burden. Lord, we do not ask the absence of a quorum. their homes, that their savings will be that all difficulties be removed but for The ACTING PRESIDENT pro tem- safe. strength and wisdom to handle them. pore. The clerk will call the roll. Give our lawmakers enough faith to The legislative clerk proceeded to We have a responsibility to bring ac- live this day with courage. Help them call the roll. countability to Wall Street because to be steadfast in the face of tempta- Mr. REID. Mr. President, I ask unan- each of us is accountable to the Amer- tion and earnest in working for liberty. imous consent that the order for the ican people. We owe our States’ con- Fill their hearts with Your spirit that quorum call be rescinded. stituents and our Nation’s taxpayers they may run the race of life with high The ACTING PRESIDENT pro tem- the promise that they will never again honor. pore. Without objection, it is so or- have to endure a financial crisis such We pray in Your matchless Name. dered. as the last one. Today, the vote to begin debate on Amen. f Wall Street accountability will answer f SCHEDULE many questions. It will reveal who be- Mr. REID. Mr. President, following lieves we need to strengthen oversight PLEDGE OF ALLEGIANCE my remarks and those of Senator on Wall Street and who does not. It The Honorable MARK R. WARNER led MCCONNELL, we will go to a period of will demonstrate who believes we need the Pledge of Allegiance, as follows: morning business until 3 p.m. with to strengthen the protections of con- I pledge allegiance to the Flag of the Senators permitted to speak during sumers and who does not. United States of America, and to the Repub- that period of time for up to 10 minutes In light of the extraordinary effort lic for which it stands, one nation under God, each. Following morning business, the we have seen from the Republican lead- indivisible, with liberty and justice for all. Senate will resume consideration of ership, it will force each Senator to f the motion to proceed to S. 3217, the publicly proclaim whether party unity Wall Street reform legislation. At 5 is more important than economic secu- APPOINTMENT OF ACTING o’clock the Senate will proceed to vote rity. I know many on the other side PRESIDENT PRO TEMPORE on the motion to invoke cloture on the would like to pretend that is not what is at stake. But we are not fooled and The PRESIDING OFFICER. The motion to proceed. neither are the American people, two- clerk will please read a communication f thirds of whom we learned today sup- to the Senate from the President pro FINANCIAL REGULATORY REFORM port cracking down on Wall Street. tempore (Mr. BYRD). Mr. REID. Mr. President, last week, I This past weekend I was in four dif- The legislative clerk read the fol- criticized the Republican leader for the ferent counties in Nevada. I heard the lowing letter: way he was handling Wall Street re- same thing everywhere I went, from ev- U.S. SENATE, form. I even criticized him for a series eryone with whom I spoke. They said: PRESIDENT PRO TEMPORE, of meetings he held in New York and Get this done. So many Nevadans are Washington, DC, April 26, 2010. To the Senate: the result of the meetings. I want the suffering because of the mess Wall Under the provisions of rule I, paragraph 3, record to be very clear, however, that I Street created, and they know better of the Standing Rules of the Senate, I hereby in no way was impugning the integrity than anyone that we have to fix it. appoint the Honorable MARK R. WARNER, a of my friend from Kentucky. Democrats agree.

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

S2605

.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2606 CONGRESSIONAL RECORD — SENATE April 26, 2010 That is why we stand for guaran- the Senate floor so we can amend tion, the debt has increased over $2 teeing taxpayers that they will never them, improve them, and act upon trillion. In February, we ran the larg- again be asked to bail out big banks them. It will ensure this debate is part est monthly deficit ever. And this year and that no Wall Street firm can be- of the legislative process, broadcast alone, we are expected to run a deficit come too big to fail. live on television so every American of $1.4 trillion. Democrats stand for giving families around the country can watch and What about the stimulus? Congress more control over their own finances weigh it. Let’s have that debate. passed this trillion dollar bill about 18 and for giving consumers more clarity There is one more reason we need to hours after the legislative text was so they can make the right financial reform how this financial system available, because Democrats said they decisions. works. For far too long, too many on needed it right away to keep unem- Democrats stand for protecting the Wall Street have bet on failure—yes, ployment from rising above 8 percent. life savings of hard-working Americans on failure. They have made billions A year later, unemployment is hov- from Wall Street’s gambling. We stand betting on the housing market col- ering around 10 percent. It is even for making our financial system more lapsing or other failures in the eco- higher in Kentucky and other States. transparent so we can rein in risky nomic system. We have lost some 4 million jobs since bets before it is too late. We will see this afternoon whether the President took office, and every In short, Democrats stand for bring- enough Republicans on Capitol Hill are day, it seems, we hear about some new ing more accountability and trans- determined to bet on failure also. I wasteful project funded by this bill. parency to Wall Street. As far as I can hope not. Then there is health care. The White House and its allies in Congress told tell, the only thing Republicans stand f for is standing together. They boasted the American people again and again about banding together at this time at RECOGNITION OF THE MINORITY and again that this legislation was ab- all costs, even at the cost to our na- LEADER solutely necessary in order to cut the tional economy. But a party that The ACTING PRESIDENT pro tem- cost of care and to ensure our Nation’s stands with Wall Street is a party that pore. The Republican leader is recog- economic security. Americans were stands against families and against nized. skeptical. They wanted us to take our time. But Democrats said they could fairness. Among the many reasons we f need to reform Wall Street is that not wait. They cut their deals and FINANCIAL REGULATION those who work there have conspired jammed it through. for too long under the cover of dark- Mr. MCCONNELL. Mr. President, Now we are beginning to see who was ness. They have acted recklessly be- later today, the Senate will cast its right in that debate. Last Thursday, a report out of the cause they know they will not be held first vote in the debate over financial Department of Health and Human accountable for their risks. regulation. Services concluded that the health care They do not think twice about using And let me just say this at the out- bill falls short of the President’s goals. working families as pawns in a get- set: Republicans are united in our de- Rather than cutting costs, it is ex- rich-quick scheme. I would direct ev- sire to protect the taxpayer from those who would put them and our Nation’s pected to increase them. eryone to read the best seller, ‘‘The Big The White House also said the bill Short,’’ by Michael Lewis. It is stun- financial system at risk through reck- lessness, stupidity, greed, or some com- would not raise taxes on the middle ning in describing what they do with class. Yet now we are finding out that our money on Wall Street. bination of the three. But as we consider this legislation nearly 15 million middle class Ameri- When you come to Nevada to gamble cans, as defined by the White House, today, Republicans are also acutely at one of the casinos, you are at least will get hit with a tax increase. The aware of the fact that government so- gambling with your own money. The White House said premiums would lutions to big, complex problems like people on Wall Street are gambling come down too. Yet now we are learn- this one are rarely as effective as they with our money. We know Wall Street ing that premiums will keep going up. does not like this bill. Of course it does are made out to be, especially when Pick the issue. Whether it is the not. It changes the system big bankers they are rushed. stimulus, the debt, health care, bail- and hedge fund managers have taken And Republicans are conscious of outs, you name it, the concerns Repub- advantage of for years. something else this afternoon too: licans raised are being validated. And Look at the rules of the road on Wall when it comes to fixing the problems Democrats have the nerve, in this de- Street. Traders get to gamble away that we see in the economy or in our bate, to say that we are the ones who someone else’s money with little risk healthcare system or anywhere else, are being dishonest. and large reward. They get to take the days of taking the Democrats’ word As I said, all of us want to deliver a home their winnings and ask taxpayers for it are over. reform that will tighten the screws on to save them from their losses. That is There is a reason public confidence in Wall Street. But we are not going to be how the system worked when they government has slipped to one of its rushed on another massive bill based brought our economy to the brink of lowest levels in half a century, and it is on the assurances of our friends on the collapse. not because Congress takes its time to other side. It is just this kind of rush Sadly, today the problem is it is still get legislation right. The reason Amer- that gets us a $13 trillion debt, a tril- the way the system works. That is icans are so mistrustful of government lion dollars for turtle tunnels and side- what we are going to correct with this at the moment is because on issue after walks to nowhere, and a so-called legislation, a bill that is the product of issue, they feel as though they are health care reform bill, the primary ef- months of bipartisan discussions, a bill being sold a bill of goods. The reason fect of which, so far as I can tell, is that embraces Republican ideas and there is such a serious trust deficit out higher taxes, higher premiums, and Democratic ideas. there is because what Americans see is higher costs. Americans have been This afternoon’s vote is a vote mere- so rarely what they get from Wash- rushed by this Congress before. They ly to begin debate; it is not the end of ington these days. have seen the results. They are not the process, just the beginning. All we Just consider the national debt, for going to be rushed again. are asking is to be able to start debat- example. The International Monetary Now when it comes to financial regu- ing. My Republican colleagues cer- Fund is right now warning us that lations, my constituents have a fairly tainly do not hesitate debating this bill mounting government debt is perhaps short list of demands. They do not in press conferences or in interviews. the greatest single threat to the global want to be on the hook for recklessness So why would Senators object to debat- financial system. As a Senator, the on Wall Street. And they do not think ing it on the floor itself, the Senate President seemed to understand that. any financial institution should be con- floor? He said America’s debts and deficits sidered too big to fail. But if the Sen- Moving to this bill will move this were spinning out of control and that ate votes to get onto the Dodd bill to- issue from the sidelines to the playing it was a failure of leadership not to ad- night, there is good reason to believe field. It will bring these proposals onto dress them. Yet under his administra- we

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2607 will never truly solve these core prob- MORNING BUSINESS unending and constant flow of drug lems. The ACTING PRESIDENT pro tem- smugglers and human traffickers Some on the other side may deny pore. There will now be a period of across their property. Their homes are this. But the fact is, the bill that the morning business until 3 p.m. with being broken into. Their rights are majority leader wants to bring to the Senators permitted to speak therein being violated, their rights as Amer- floor tonight still contains a number of for up to 10 minutes each. ican citizens to live in a safe and se- loopholes that enable future bailouts. The senior Senator from Arizona. cure environment, as most of the pun- This is not just me talking. A finance Mr. MCCAIN. I ask unanimous con- dits who are criticizing this legislation reporter on National Public Radio last sent to engage in a colloquy with my enjoy. week said he could not find a single ex- The fact is, our borders are broken. colleague from Arizona, Senator KYL. pert who was willing to agree with the The ACTING PRESIDENT pro tem- They are not secure. It is a Federal re- administration’s claim that this bill pore. Without objection, it is so or- sponsibility to secure our borders. It is puts a stop to taxpayer funded bail- dered. not being done. Senator KYL and I have outs, not a single expert who was will- a 10-point plan that can be enacted im- ing to say this bill really solves the f mediately in order to secure the bor- problem we were asked by our con- ILLEGAL IMMIGRATION ders and secure them quickly. stituents to solve. Is not that reason Before I ask my colleague to com- enough to slow down? Mr. MCCAIN. Mr. President, as is ment, there is a question about wheth- If we can not look our constituents well known by my colleagues and most er we can secure our borders. Of course, in the eyes and tell them with absolute Americans, over the last several days, we can. We have seen in the Yuma sec- certainty that we have addressed their the Governor of Arizona signed legisla- tor of Arizona a dramatic decrease in core concerns, then tell me: Why are tion, which is controversial, which is illegal crossings and drug smuggling. we voting on this bill? designed to affect the issue of illegal Again, I want to mention to my friend The Democrats want us to trust them immigrants into the country across the from Arizona, have no doubt that this on this one. With all respect, Ameri- Arizona border. That legislation was is not just a human smuggling problem cans aren’t in a trusting mood at this enacted by the Arizona legislature and and people trying to cross the border point. The burden is now on the Demo- signed by the Governor because of the illegally to find work. This is a human crats to prove it when they say their frustration the Governor and the legis- smuggling cartel aligned with the drug legislation will or will not do some- lation and, indeed, the majority of my cartels that are sending drugs across thing. To a lot of Americans that is constituents have over the Federal our border and killing our citizens. The what this debate has become. It is Government’s failure to carry out its cartels and the human smugglers are a about proving to our constituents and responsibility to secure our border. direct threat to the security of this Na- to the rest of the country that Con- Many viewed this as a civil rights tion. Two weeks ago a highly organized gress can actually deliver on its assur- issue. There is no intention whatsoever syndicate that takes people who are ances. to violate anyone’s civil rights, but coming across our border illegally to Americans aren’t inclined to take this is a national security issue. This is Tucson, puts them in vans, taking our word for it when we say this bill a national security issue where the them to Phoenix and distributing them doesn’t allow for bailouts, that it won’t United States has an unsecured border all over the country. These individuals kill jobs, or that it won’t enable the between Arizona and Mexico which has come from as far away as China. administration to pick winners or los- led to violence, the worst I have ever Have no doubt of the extent of the ers, like it did with the auto bailout. seen, and numbers that stagger those problem, the organization, the cruelty, They have heard all that before. This who are unfamiliar with the issue— the barbarity of the challenge we face, time, they want us to prove it. such as 241,000 illegal immigrants were of the drug cartels and the human They want us to prove that this bill apprehended on the Tucson sector bor- smugglers that are just south of our doesn’t allow for bailouts or the kind der of Arizona in the last year. Do the border, and the State of Arizona has of regulatory overreach that ends up math. You have three to five times been bearing the brunt of it. The ad- punishing Main Street under the guise that number who actually cross, so we ministration has failed to act. We need of reforming Wall Street. They want us are talking about a million people 33,000 Border Patrol agents down on the to show them where it says in the text crossing the border illegally. border. We need the National Guard, that the next time there is a crisis, the This is not just a human smuggling 3,000 troops. We need to take a number government will have to seek permis- issue. This is a drug issue. Our borders of other steps Senator KYL and I will sion from he taxpayer if it is thinking are unsecured, and the flow of drugs describe. This situation is the worst I about creating a new bank debt guar- across the border is staggering. Last have ever seen. It is time for the Fed- antee program. At the moment, we year in the Tucson sector alone, there eral Government to act. If you don’t can’t say this. That is unacceptable to were over 1.3 million pounds of mari- like the bill the legislature passed and my constituents. And it is unaccept- juana apprehended, 1.3 million pounds the Governor signed in Arizona, then able to the rest of the country. on the Arizona border. The numbers of carry out the Federal responsibility to We can solve this problem. But we methamphetamine, cocaine, and other secure the border. You probably won’t solve the problem if we vote for drugs crossing the border by the drug wouldn’t have had this problem. cloture tonight. A vote for cloture is a cartels is staggering. The Los Angeles The ACTING PRESIDENT pro tem- vote that says we are done listening to Times reported last week that over pore. The Senator from Arizona. the American people on this issue. And 22,000 Mexican citizens have been killed Mr. KYL. May I ask my colleague, a vote against ending this debate is a in drug wars against the cartels. Have who has been down on the border fairly vote for bipartisanship, for working no doubt, this is an existential govern- recently. He went to the Tucson sector out an iron-clad solution to the prob- ment between the Government of Mex- which is a sector that has about half of lem of too big to fail. A vote against ico, the drug cartels, and the human all of the illegal immigration in the en- ending this debate tonight is a vote smugglers who work together, and the tire United States coming across; is that says it is no longer enough to tell security of the United States. that correct? our constituents to trust us. It is a The violence has already spilled Mr. MCCAIN. I have. If it was 241,000 vote that says this time, we will prove across our borders, and unless we get it last year that were apprehended, there it. under control, it will get worse. Three are estimates that as many as five to I yield the floor. American citizens were murdered in one are not apprehended. So that could f Juarez, Mexico as they were trying to have been over a million people who find their way home. A rancher in crossed the Arizona border illegally in RESERVATION OF LEADER TIME southern Arizona was murdered as he 1 year. That is staggering in itself. The ACTING PRESIDENT pro tem- was out patrolling his own property. Mr. KYL. The point here is, the Tuc- pore. Under the previous order, the The people in southern Arizona have son sector is one of two sectors in Ari- leadership time is reserved. had their rights violated by the zona. It is maybe 60 percent of our

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2608 CONGRESSIONAL RECORD — SENATE April 26, 2010 southern border. The Yuma sector may come here for work. They can’t work and manpower to secure our borders. be the other 40 percent. The Tucson and make money while they are in jail. As my colleague from Arizona just sector ends at the New Mexico border. That is a huge disincentive for them to pointed out, it can be achieved. It is We are talking about a couple of hun- cross in that area. So what the Border now a massive failure on the part of dred miles, give or take—not that Patrol and the Department of Justice the Federal Government. They should much area when we consider the entire, did was to say, if you cross in this area, also fund it. more than 2,000-mile border all the way you go to jail. They stopped crossing in I thank my friend from Arizona, and from the Gulf of Mexico to the San that area. They gradually expanded I thank my colleague from Hawaii for Diego area. About one-tenth of the en- those areas until it finally covered the his indulgence. tire border area accounts for over half entire Yuma sector. Now illegal immi- The ACTING PRESIDENT pro tem- of all the illegal immigration. My col- grant coyotes and cartel folks know pore. The Senator from Hawaii. league was there within the last month that if they try to bring somebody or so. I was down in the Yuma sector. across in the Yuma sector, imme- f The reason I mention these two sectors diately those people are going to jail. FINANCIAL REGULATORY REFORM is that it is literally the tale of two ap- Then they will be going back home, so proaches to immigration reform. As they don’t try it anymore. As a result Mr. AKAKA. Mr. President, enact- ment of emergency legislation in the Senator MCCAIN said, there is abso- the statistics are, as Senator MCCAIN lutely no doubt that application of the pointed out, in the Tucson sector you fall of 2008 to stabilize the financial right principles and resources to the had almost a quarter of a million peo- markets and the economy brought with border can secure the border. ple last year apprehended. Who knows it an obligation to reform our financial Let me give my experience in the how many more were not apprehended. system to make it fairer for working Yuma sector and then ask my col- How many in the Yuma sector? This families. league to talk a little more about the year, 4,946 so far—from a quarter of a I support S. 3217, the Restoring Tucson sector. Those are the two sec- million almost to 4,000. It wasn’t al- American Financial Stability Act of tors in Arizona. The Yuma sector has ways so in the Yuma sector. In 2006, 2010. I appreciate all of the extraor- virtually eliminated illegal immigra- 118,000 were apprehended. The next dinary work done by the chairman of tion. There is still substantial drug year, it went down to 37,000. We could the Banking Committee and his staff smuggling, and that is a lot of what see a big impact. And then 8,000, 7,000, on developing this vital legislation. they are focused on right now. How probably 5,000 this year. We can see the Many of my colleagues on the com- could this have happened? Mainly three impact of the fencing. The personnel mittee and I worked together to de- things. First, they completed the fenc- and Operation Streamline have made a velop a bill that protects, educates, and ing in that particular area. There are huge difference. empowers consumers and investors. just a couple miles left to go, but they Mr. MCCAIN. May I ask unanimous The legislation incorporates many have 11 miles of very good, new double consent, with the indulgence of my ideas from Members of both parties. We fencing in the urban area around Yuma friend from Hawaii, for 3 additional must act quickly to enact this bill. and then vehicle barriers beyond that. minutes. A lack of consumer protection was a There are some areas where it is even The ACTING PRESIDENT pro tem- core cause of the financial crisis. Pro- triple fenced. They have enough Border pore. Without objection, it is so or- spective home buyers were steered into Patrol agents, though we have to be dered. mortgage products that had risks and careful we don’t take some from the Mr. KYL. Mr. President, I have made costs they could not understand or af- Yuma sector to send over to Tucson my point here. Senator MCCAIN is abso- ford. where they need more, because it is a lutely right. If you want to do it, you We must do more to protect con- little bit like these wars abroad. Once can do it. You just have to apply the sumers. This legislation includes essen- you take the area, you need to have will and the resources. What worked in tial protections to do so. The new Con- enough troops to hold the area or, the Yuma sector could work in the sumer Financial Protection Bureau has when you leave, bad guys come back Tucson sector, and almost all of those tremendous potential for restricting in. We need the Border Patrol there. If things are included in the 10-point pro- predatory financial products and unfair we could add some National Guard posal Senator MCCAIN and I have made. business practices. The bureau will troops, as my colleague has rec- Mr. MCCAIN. Could I also emphasize work to prevent unscrupulous financial ommended, it would absolutely be the that the violence is worse than it has services providers from taking advan- final personnel solution. I can remem- ever been. Mr. President, 22,000 Mexi- tage of consumers. ber when the Guard was withdrawn and cans have been murdered on the Mexi- The legislation also creates an Office there was only one guardsman left in can border. American citizens have of Financial Literacy within the bu- the Yuma sector, and they still stayed been murdered on our border. This is reau. The Financial Literacy Office is away. I am not even sure if he had his no longer a situation where someone tasked with developing and imple- weapon with him. But let’s put it this from Mexico or some other country de- menting initiatives intended to edu- way: The bad guys on the other side of cides they want to cross our borders. cate and empower consumers. A strat- the border, whether it is the cartels or These are highly organized, highly so- egy to improve the financial literacy others, do not want to mess with the phisticated, well-equipped, well- among consumers that includes meas- U.S. military. They won’t. That is the trained, armed cartels. Drug and urable goals and benchmarks must be reason my colleague, then-Governor human smuggling cartels coordinate developed. Napolitano, and many others believe with each other through these cor- I am also proud of the work we have we need more National Guard on the ridors. They have better communica- done in the bill to better protect, in- border. tion than our enforcement agencies due form, and empower retail investors. My The third thing that brought illegal to our lack of interoperability. They proposal to create an Investor Advo- immigration in the Yuma sector al- have sophisticated equipment. They cate within the Securities and Ex- most to an end is called Operation are even sending drugs over using change Commission is in this legisla- Streamline. It is very simple. When ultralights. tion. It is necessary to create an Office you cross the border, you get thrown in This is a struggle for the existence of of the Investor Advocate within the jail. The first time it is for about 2 the Government of Mexico. This is a SEC to strengthen the institution and weeks; second time, 30 days. After that, struggle on our side of the border for ensure that the interests of retail in- it could be 60 days. The sheriffs tell us the fundamental obligation any gov- vestors are better represented. The In- that about 17 percent of the people ernment has; that is, to provide its vestor Advocate is tasked with assist- they apprehend are criminals in the citizens with secure borders. Right ing retail investors to resolve signifi- United States or are wanted for crimes now, our citizens are not safe, and cant problems with the SEC or the self- here. Obviously, that is the 17 percent therefore the Federal Government regulatory organizations, SROs. The you want to catch. You want to put should be fulfilling its responsibilities Investor Advocate’s mission includes them in jail. The rest of them want to to provide the necessary equipment identifying areas where investors

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2609 would benefit from changes in Commis- an alternative to more costly payday Mr. ALEXANDER. Mr. President, I sion or SRO policies and problems in- loans. Payday loans are cash loans re- ask unanimous consent to speak as in vestors have with financial service pro- paid by borrowers’ postdated checks or morning business. viders and investment products. The borrowers’ authorizations to make The ACTING PRESIDENT pro tem- Investor Advocate will recommend pol- electronic debits against existing fi- pore. We are in morning business, with icy changes to the Commission and nancial accounts. Payday loans often Senators recognized. Congress in the interests of investors. I have extraordinarily high interest Mr. ALEXANDER. Mr. President, I have highly valued the contributions of rates. can actually speak in morning busi- the National Taxpayer Advocate, Ms. Loan flipping, which is a common ness, not as if I were in morning busi- Nina Olson. Ms. Olson has helped us de- practice, is the renewing of loans at ness. velop policies that have improved the maturity by paying additional fees f without any principal reduction. Loan lives of taxpayers. A similar office in FINANCIAL REGULATORY REFORM the SEC will benefit retail investors. flipping often leads to instances where The creation of the Office of the Inves- the fees paid for a payday loan well ex- Mr. ALEXANDER. Mr. President, we tor Advocate has widespread support ceed the principal borrowed. This situ- will be voting at 5 o’clock this after- from consumer, labor, and industry or- ation often creates a cycle of debt that noon on a motion by the majority lead- ganizations. Ms. Barbara Roper, direc- is very hard to break. er, and I can almost hear him now say- tor of investor protection for the Con- There is a great need for working ing something about the party of no as sumer Federation of America, has stat- families to have access to affordable we talk about the financial regulation ed that: small loans. This legislation would en- bill. Well, I would say to my friend the For far too many years, investors have courage banks and credit unions to de- majority leader that he is rapidly be- found it difficult to make their voices heard velop consumer-friendly, small-dollar coming the leader of the party of no by at the SEC on uses that are important to loan alternatives. Consumers who offering so many ‘‘no’’ motions because them while business interests have domi- apply for these loans would be provided the motion this afternoon is one more nated the agency agenda . . . with financial literacy and educational of a record number of ‘‘no’’ motions of- The text of an amendment I had de- opportunities. fered by the majority leader to say no veloped which clarifies that the SEC One example of an innovative payday to more amendments, no to more de- has the authority to effectively require lending alternative that has been de- bate, no to checks and balances on a disclosures prior to the sale of finan- veloped can be found at the Windward runaway government in Washington. cial products and services is included Community Federal Credit Union in What we on the Republican side have in the legislation. Many working fami- Kailua, HI. Windward FCU has devel- been trying to do on the financial regu- lies rely on their mutual fund invest- oped an affordable alternative to pay- lation bill is to work with the majority ments and other financial products to day loans to help the U.S. marines and party and the President to help fashion pay for their children’s education, pre- the other members they serve. This a set of rules and regulations that pare for retirement, and attain other program was developed with a National takes us from the financial crisis we financial goals. We must ensure work- Credit Union Administration, NCUA, had a few years ago, and which con- ing families have the relevant and use- grant. tinues today in the lives of Americans ful information they need when they More working families need access to everywhere, to complete a bill most of are making decisions that determine affordable small loans. We must en- us can support so we can say to Amer- their future financial condition. I ap- courage mainstream financial service ica and say to the world: These are our preciate the efforts of Senator MICHAEL providers to develop affordable small rules and regulations. We have done BENNET on this issue. loan products. our job. We have set the rules. Even if I worked with Senator KOHL to de- Finally, title XII will enable commu- Republicans capture control of the velop title XII of the legislation, which nity development financial institutions Congress in November—which we hope is intended to increase access to main- to establish and maintain small-dollar we do—these still will be the rules be- stream financial institutions for the loan programs. I appreciate all of the cause we did this in a bipartisan way, unbanked and the underbanked. About work done by Senator KOHL and his the kind of way the President talked one in four families is unbanked or staff on title XII. about when he campaigned for election underbanked. Many are low- and mod- Working families often send substan- a couple of years ago. erate-income families who cannot af- tial portions of their earnings to fam- Well, unfortunately, that is not what ford to have their earnings diminished ily members living abroad. In my home has been happening. It has just been by reliance on high-cost or predatory State of Hawaii, many of my constitu- one ‘‘no’’ motion after another from financial services. Underbanked con- ents remit money to their family mem- the majority leader—a record number sumers rely on nontraditional forms of bers living in the Philippines and other of them. And he will even bring that credit, including payday lenders, title nations. Consumers can have signifi- up, which I would respectfully say I lenders, or refund anticipation loans cant problems with their remittance would not do. Twenty-six times the for financial needs. The unbanked are transactions, such as being over- majority leader has filled the amend- unable to save securely for education charged or not having their money ment tree. That is a ‘‘no’’ motion that expenses, the downpayment on a first reach the intended recipient. says no more amendments. He has done home, or other financial needs. Regular Remittances are not currently regu- it nearly as much as the last five ma- checking accounts may be too costly lated under Federal law, and State jority leaders combined. He has the for consumers unable to maintain min- laws provide inadequate oversight. The record in saying no more amendments, imum balances or unable to afford bill will modify the Electronic Fund no more debates, and no more checks monthly fees. Poor credit histories Transfer Act to establish remittance and balances on what the Congress is may also hinder their ability to open consumer protections. It will require doing. There have been 141 times the accounts. simple disclosures about the costs of majority leader has filed cloture on the More must be done to promote prod- sending remittances to be displayed in same day a measure came up. That is uct development, outreach, and finan- the storefront and provided to the con- simply another no motion. It says no cial educational opportunities at banks sumer prior to and after the trans- to more amendments, no to more de- and credit unions intended to empower action. A complaint and error resolu- bates, no to more checks and balances consumers. Title XII authorizes pro- tion process for remittance trans- on the legislation Congress is consid- grams intended to assist low- and mod- actions would be established by the ering. erate-income individuals establish legislation. Someone may say: Well, let’s get on bank or credit union accounts and en- We must act quickly to enact this with it. Why do we need these checks courage greater use of mainstream fi- legislation that will protect, educate, and balances? We were reminded over nancial services. and empower consumers and investors. the weekend of why we need the checks Title XII will also encourage the de- The ACTING PRESIDENT pro tem- and balances. All of us remember the velopment of small affordable loans as pore. The Senator from Tennessee. health care debate resulting in the

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2610 CONGRESSIONAL RECORD — SENATE April 26, 2010 health care law which passed this is created by this country, for just 5 is that many Independents, almost Chamber by a partisan majority. We percent of us who are privileged to live every Republican, and some Democrats were here day after day after day with here. So one would think we would be would say: We need some checks and the Democrats meeting in secret. The as careful as we could be in getting this balances on a runaway Washington vote came up in the middle of a snow- done. government. Well, here is an oppor- storm, 1 a.m. in the morning, had to be For a long time on this bill, many tunity to have some checks and bal- done before Christmas, nearly 3,000 Members of the Senate on both sides of ances on a runaway Washington gov- pages before it all got through. No the aisle have been working on it care- ernment and to get things right. In- check and balance on that bill. We fully and in a bipartisan way. So why stead, we seem to have a campaign were saying slow down. Wait a minute. would we bring another one of these team at the White House that says, This bill is making a fundamental mis- record-setting ‘‘no’’ motions up today Let’s play a little politics and make it take. It is expanding a health care de- to vote on? Why would we say—in the look like the Republicans are in bed livery system we all know we can’t af- middle of debate and discussion to im- with the Wall Street bankers. They ford, when instead we should be taking prove the bill—let’s rush it on through; even said Republicans took contribu- steps together to reduce its costs so no, to more amendments; no, to more tions from Wall Street bankers, but more Americans can afford to buy debate; no, to more checks and bal- when the newspapers added it all up, it health insurance. ances. looks like the Democrats got more So over the weekend, a report issued There are some pretty big issues to contributions from the Wall Street on Thursday by the Chief Actuary of resolve to make sure we have it right. bankers than the Republicans did. So if the Center for Medicare and Medicaid There is general agreement, I think, the race is about politics and if the Services—he is the chief health actu- across both sides of the aisle that we race is about who took the most money ary in the Federal Government; what want a situation where we don’t have from the Wall Street bankers, the did he say? Lo and behold, his analysis these big banks that are too big to fail. Democrats win. That is not the basis showed it will increase health care The Senator from Virginia, who is the upon which we should be deciding this. costs instead of lowering them. In Presiding Officer today and my col- I like the way the committee was other words, we will increase—we will league, and Senator CORKER from Ten- working on it for the last year: Repub- increase—spending on a health care de- nessee worked for a year on this. I lican and Democratic teams working to livery system we all know we can’t af- went to some of their sessions. It is solve big, complex problems for the ford today. Yet off we went with our complex stuff, but they were coming up country that produces 25 percent of all new $1 trillion bill. It will raise pre- with a bipartisan solution to the prob- the money in the world and is the ac- miums on health care. It will threaten lem. One of the advantages of a bipar- knowledged financial capital of the seniors’ access to health care. It will tisan solution is, A, it might be more world. But, instead, we seem to have at threaten access for Medicaid patients, likely to be right; and, B, it almost cer- least a fraction of the administration creating, in effect, a health care bridge tainly is more likely to be accepted. If that says: We won the election, we will to nowhere for a great number of low- there is a Corker-Warner or Warner- write the bill, and up comes the major- income Americans who will find they Corker solution, Republican-Demo- ity leader with another ‘‘no’’ motion, a can’t get a doctor or, in Washington cratic solution on banks that are too historic, record number of ‘‘no’’ mo- State, that Walgreens will not fill their big to fail, then the American people tions. prescription. This will make that prob- might look up here and say: OK, if they I am here simply to say this: This is lem worse. To those who are going to both agree on it, maybe they are right. a piece of legislation that presents be serving as Governor between 2014 Maybe I will not worry about it, and I President Obama and our Congress and 2019, it is very bad news because it will not spend my next 3 years trying with a historic opportunity to do some- talks about the increased cost of Med- to repeal it. Well, the same thing was thing right. We are coming out, we icaid, which is the largest government true on other parts of the issue, and I hope, of a great recession. We need health care program, and how many of commend Senator DODD, the chairman some signals to our country and to the those costs are being passed on to of the committee, for starting out in world that things are stabilizing. Every States. I know, in our State, our legis- that direction. He was working with small businessperson or big business- lature—Republican—and our Gov- Senator SHELBY on this side on consoli- person I talk with says: A little cer- ernor—a Democrat—have said we don’t dating bank regulators and consumer tainty would help. We are not going to see how we can afford this. It is esti- protection. Senator REED on the Demo- hire another person; we are not going mated to be roughly $1.1 billion, but cratic side and Senator GREGG were to invest another dollar until we get a potentially could be as high as $1.5 bil- working on reforming oversight of de- little more certainty in the business lion. It is going to cause State tax in- rivatives. As I said, Senator WARNER environment in America, and people creases, tuition increases at the public and Senator CORKER were working on are waiting to see how we are going to universities, and I believe it will seri- systemic risk, the too-big-to-fail issue. deal with this too-big-to-fail issue. Are ously damage American public edu- Senator SCHUMER and Senator CRAPO we going to put up rules that will give cation. Anyone can read this for him- were working on securities and ex- big banks an advantage over commu- self or herself. change issues and corporate govern- nity banks? Are we going to put in reg- So over the weekend, the Chief ance issues. They weren’t coming to an ulations that are so cumbersome that Health Actuary of the Federal Govern- agreement on every single one of these they move the financial capital of ment said the health care law does issues—the last one is especially dif- America from New York City and Chi- what we Republicans feared it would. ficult—but they are making some real cago to Washington, DC, or even to But the psychology on the other side of progress. Even yesterday, Senator London and Singapore and Shanghai, the aisle was: We won the election. We SHELBY, who is the ranking member, along with the jobs and the prestige will write the bill. We will pass it even and Senator DODD said on NBC’s ‘‘Meet and the opportunity for an increased by a partisan majority, unlike civil the Press’’—Senator SHELBY said: ‘‘We standard of living that goes with it? rights, unlike Medicare, unlike Med- are closer than we have ever been.’’ Mr. We have, within our grasp, an oppor- icaid, unlike social security. It was a DODD added: ‘‘We will get it together.’’ tunity to do as Senator SHELBY and purely partisan bill, with no checks Well, if we are closer than we have Senator DODD said. We are close to get- and balances, and the American people ever been and we will get it together, ting it together. We think we will get see the results. why are we having this ‘‘no’’ vote it together. If we were to get it to- Here we go again, this afternoon at 5 today? Why are we saying no to more gether, if we were to be able to rely o’clock. This should be a very different amendments, no to more debate, no to upon the work of Senator WARNER and situation. It is a very important bill. It checks and balances? Senator CORKER and the others I men- is the financial regulation of this coun- That is a serious question for the tioned who worked together over the try. This country produces 25 percent American people. If I were to suppose last year and stand together with the of all the money in the world every in my State what the major issue be- President and let him say: Republicans year. Twenty-five percent of the wealth fore the people of Tennessee is today, it and Democrats have been working for

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2611 more than a year on this. We have bility of the United States by improving ac- We will, in 10 years time, look back and taken enough time to develop a con- countability and transparency in the finan- say: We should not have done that [repeal sensus in the Senate, a consensus be- cial system, to end ‘‘too big to fail,’’ to pro- Glass-Steagall] because we forgot the lessons tect the American taxpayer by ending bail- tween parties, that this is the right of the past. outs, to protect consumers from abusive fi- He went on to say: thing to do for our country and we nancial services practices, and for other pur- This bill will, also, in my judgment, raise want to tell the American people these poses. are the rules for financial regulation the likelihood of future massive taxpayer Mr. DODD. Mr. President, as I under- bailouts. It will fuel the consolidation and and tell the world that the United stand it, there is a vote scheduled at 5 mergers in the banking and financial serv- States of America is capable of gov- p.m., is that correct? ices industry at the expense of customers, erning itself and writing its rules and The ACTING PRESIDENT pro tem- farm businesses, family farmers and others. doing it in a bipartisan way, think of pore. That is correct. That is absolutely amazing. He abso- the signal that would send to this Mr. DODD. And the time between lutely totally completely nailed it. He country and to the world. It might be a now and 5 p.m. will be for general de- predicted it would lead to ‘‘future mas- tipping point in the recovery from the bate on the matter of the motion to sive taxpayer bailouts.’’ I think we great recession, that kind of signal proceed, is that correct? should listen to Senator DORGAN now from Washington, DC. I can’t think of The ACTING PRESIDENT pro tem- and any prediction he makes about a better one. Yet the vote today is the pore. That is correct. what we are going to do today in the opposite. It is another ‘‘no’’ motion. No Mr. DODD. Mr. President, I see my Senate. to debate. No to amendments. No to friend and colleague from Delaware, He also said quite presciently: working together. No to checks and Senator KAUFMAN. How much time We also have another doctrine . . . at the balances. does the Senator need? Federal Reserve Board called too big to fail. I hope we prevail on this motion and Mr. KAUFMAN. About 16 minutes. Remember that term, too big to fail. . . . Mr. DODD. I yield 16 minutes to the I hope we will say yes to more amend- They cannot be allowed to fail because the Senator from Delaware. ments, yes to more debates and yes to consequence on the economy is catastrophic Mr. KAUFMAN. Mr. President, I and therefore these banks are too big to fail. checks and balances and I hope the re- thank the Senator from Connecticut . . . That is no-fault capitalism; too big to sult is a financial regulation bill af- for the incredible work he has done on fail. Does anybody care about that? Does the fecting this country that all of us can putting this bill together. It is a his- Fed? Apparently not. vote for—or at least most of us can toric effort. It is the third historic ef- These words would work just as well vote for; that we can proudly give each fort he has taken on this year. That is on the floor today. How many of us other credit for. That is the way we not just a word, ‘‘historic;’’ it is put- thought the term ‘‘too big to fail’’ was like to work. That is why we came to ting into perspective the last 40 years. coined only in this recent disaster? Not the Senate. When the country sees The Senator from Connecticut has been Senator DORGAN. He knew and warned that, they will have more confidence in a leader on three truly historic pieces about too big to fail in 1999. us, in this government, in the economy of legislation this year. I have never He also said: and the world may, too, and we will seen a Member do that. There were I say to the people who own banks, if you have taken an important step forward; credit card reform, bringing up the want to gamble, go to Las Vegas. If you want and the President will be able to say: health care reform bill, and now the fi- to trade in derivatives, God bless you. Do it with your own money. Do not do it through Look, this is the way I wanted to do it nancial regulatory reform bill. all along. This is what I campaigned the deposits that are guaranteed by the I return to the floor to discuss the American people and by deposit insurance. on, and I am glad we have worked to- problem of too big to fail, which I re- Again, right on point, and perfectly gether to get 70 or 80 votes in the Sen- main convinced is a key issue in any fi- accurate today. BYRON DORGAN and ate to get a consensus on a financial nancial reform bill. First, I urge my Brooksley Born were warning about de- regulation bill to get this country mov- colleagues to vote yes on the motion to rivatives in 1999, but we did not listen, ing again. proceed, because these issues are of And America suffered a catastrophe of I yield the floor, and I note the ab- profound importance to our country monumental proportions—less than 10 sence of a quorum. and they deserve to be debated and years after these prophetic words were The ACTING PRESIDENT pro tem- voted upon. pore. The clerk will call the roll. For example, it was over 10 years ago spoken. Finally, Senator DORGAN said: The legislative clerk proceeded to that Congress debated and passed the call the roll. I will bet one day [I think we are at that Gramm-Leach-Bliley Act, which for- day] somebody is going to look back at this Mr. DODD. Mr. President, I ask unan- mally repealed the Glass-Steagall Act’s and they are going to say: How on Earth imous consent that the order for the sensible and longstanding separation of could we have thought it made sense to quorum call be rescinded. commercial banking and investment allow the banking industry to concentrate, The ACTING PRESIDENT pro tem- banking. While this landmark legisla- through merger and acquisition, to become pore. Without objection, it is so or- tion passed the U.S. Senate by a 90-to- bigger and bigger and bigger; far more firms dered. 8 margin, there were some voices who in the category of too big to fail? How did we Mr. DODD. Mr. President, what is the spoke out then that the bill would lead think that was going to help this country? business before the Senate? us on a glided path to disaster. Well, Senator DORGAN, you were f I recently reread the speech given in right, and we have arrived at that day. 1999 by the senior Senator from North Let me repeat: Did it help our country? CONCLUSION OF MORNING Dakota, and I was thunderstruck, Will it help our country in the future? BUSINESS truly, by how accurately BYRON DOR- Each Senator has to answer that ques- The ACTING PRESIDENT pro tem- GAN warned then about the future. tion. pore. Morning business is closed. There were eight people who voted Senator DORGAN knew that further f against the Gramm-Leach-Bliley Act. unbinding the financial industry would They were Senators BOXER, Bryan, accelerate the process of deregulation RESTORING AMERICAN FINANCIAL DORGAN, FEINGOLD, HARKIN, MIKULSKI, and lead to far greater risks, ushering STABILITY ACT OF 2010—MOTION SHELBY, and Wellstone. I first came to in a new era of too big to fail and an TO PROCEED this body as a staff person in 1973. I ever more casino-like version of finan- The ACTING PRESIDENT pro tem- have seen times when a few people in cial capitalism. He knew that by lifting pore. Under the previous order, the the Senate—I don’t think either party basic restraints on financial markets Senate will resume consideration of has a monopoly on it—get together and and institutions and, more impor- the motion to proceed to S. 3217, which say the Senate is off in the wrong di- tantly, by failing to put in place new the clerk will report. rection. Those eight people said that rules to deal with the market’s ever The assistant legislative clerk read on that day. Senator DORGAN deserves more complex innovations, that this as follows: a special recognition and award, be- deregulatory philosophy would unleash Motion to proceed to the consideration of cause he predicted this in 1999, when he the forces that would cause our finan- S. 3217, a bill to promote the financial sta- said: cial crisis and great recession of 2008.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2612 CONGRESSIONAL RECORD — SENATE April 26, 2010 I could not agree more with Senator posal I introduced last week with Sen- The ACTING PRESIDENT pro tem- DORGAN. Banks and other financial in- ator BROWN and other colleagues. pore. Without objection, it is so or- stitutions that are too big to fail have Of course, there are those who make dered. become only more so today. They are the argument that the problem is not Mr. DODD. Mr. President, I suspect so large, so complex, and so inter- really about size; that these institu- sometime over the next hour and a connected that they cannot be allowed tions are not actually too big to fail. half, Members will come to the floor— to fail because their demise would Instead, they say institutions such as including the Presiding Officer—and I threaten the stability of the overall fi- Lehman Brothers were actually too will be glad to take a few minutes and nancial system. interconnected to fail based upon inter- share some opening comments and There are those on the other side of locking counterpart exposures arising then give him relief so he can be heard the aisle who propose to simply let from credit derivatives and repurchase on this matter. them fail. They say the solution is to contracts. I thank Senator WARNER and my col- stand back and let these megabanks But trying to contrast the distinc- leagues on the Banking Committee, follow the normal corporate bank- tion between too big to fail and too both Democrats and Republicans. We ruptcy process. I call that ‘‘dangerous interconnected to fail is a distinction have spent a lot of time together over and irresponsible,’’ a slogan of an an- without a difference. The massive the last 2 years now—longer, in fact, swer, not a real solution. President growth from the derivatives market, going back even before the arrival of including that for credit derivatives, Bush did not allow that to happen, and my friend from Virginia. which intertwine the fates of banks, no President should be faced with that When I became chairman of the hedge funds, and insurance companies decision again. When Lehman failed, Banking Committee in January of 2007, through side bets on whether mort- our global credit markets froze and I was asked to pick up this issue. We gages, corporate bonds, or other assets began to look at the issue of the mort- creditors and counterparties panicked. would pay off, moved in lockstep with We have the opportunity today to re- gage crisis in the country through all the runaway growth of the megabanks’ structure our financial industry so of 2007 and, of course, the following balance sheets. that it will be safe for generations. All of these activities interconnected year when events began to unfold, cul- That is what the Senate did in the 1930s their fates, while also making them far minating with the disaster we encoun- when it passed the Glass-Steagall Act, more risky and far bigger, so big, in tered in the fall of 2008. and it withstood the test of time for six fact, that the failures would threaten The members of the committee have decades. the stability of the financial system. worked very hard. We have had lit- When I look at the current legisla- As Senator BROWN and I emphasized erally hundreds of hearings and meet- tive approach, in my view it relies too last week, our bill is a complementary ings, listening to people across the much on regulator discretion and on a idea, not a substitute to the Banking spectrum of how best to address these resolution mechanism that is ulti- Committee bill. issues, filling in the gaps that led to mately unworkable for the largest and There are many regulatory provi- the near collapse of our economy; what most complex financial institutions. sions in that bill that are designed to steps we ought to be taking to provide Under this arrangement, the make the megabanks less risky and intelligent, thoughtful, commonsense megabanks will still have incentives to less interconnected, and we strongly regulation, as well as to see to it, in arbitrate their capital requirements, support them. But why gamble that the the process of doing so, we do not stifle thereby continuing to grow and take regulators will do a better job now and the ability of this country to lead in on even greater and greater risks. well into the future when they have the financial sector globally; as well as The six largest U.S. banks have as- the power today to impose a redundant provide for the innovation and cre- sets totaling more than 63 percent of fail-safe solution to limit the size and ativity necessary for our country to our overall gross domestic product. Fif- leverage of our biggest banks? We will grow and prosper economically, the teen years ago, the six largest U.S. not lose out globally, other than in a wealth creation that is necessary for banks had assets equal to just 17 per- race to financial destruction. The lim- our country. It has been a long and ar- cent of gross domestic product. In 15 its Senator BROWN and I propose would duous journey. years, it went from 17 percent to 63 per- shrink these banks from massively I was speaking with BOB CORKER of cent. large institutions to only large institu- Tennessee, with whom I spent a great Instead of girding a broken regu- tions, at a size well beyond the level at deal of time, as I know the Presiding latory system, Congress must act deci- which economies of scale are achieved. Officer has as well. I thank Senator sively now to end the ‘‘doom loop’’ As Senator DORGAN asked in 1999: SHELBY, my colleague and former Senator DORGAN accurately identified Why leave oversized institutions in chairman of the Banking Committee, and warned the Senate about in 1999. place when they are too big to fail? In- who is the ranking member on our We need stronger statutory medicine. stead, we should meet the challenge of committee. We have spent a lot of time I believe the time has come for Con- the moment and have the courage to on these issues, including some time gress to draw hard lines and high walls act to limit the size and practices of earlier this afternoon, and we will be in statute. We need statutory size and those literally gigantic financial insti- meeting again depending on the out- leverage limits on banks and nonbanks tutions, the stability of which is a come this evening one way or the in order to eliminate too big to fail. threat to our economy. But we can other. We will continue our conversa- only meet these challenges once the Senator DORGAN said he is working tions to try to resolve some of these bill reaches the Senate floor. Again, I on an amendment to address this prob- outstanding matters in a very long and urge my colleagues to vote yes on clo- lem. I look forward to hearing more complex piece of legislation. ture and not stand in the way of the de- from Senator DORGAN about his pro- I will not enumerate every member bate and collective wisdom from this posals, and I hope the Senate will lis- of the Banking Committee, but suffice body that this country so badly needs. ten carefully to him since his credi- it to say, to this juncture, the work If we are to prevent another financial bility on this issue was born in the wis- crisis, we must move forward with this they have done has been tremendously dom he showed in 1999. debate and act strongly in the interests helpful and has produced a good and Congress, which represents the peo- of the American people. strong bill on financial reform. ple who are most hurt by the financial Mr. President, I yield the floor. Today the Senate faces its first vote crisis, should not pass the buck to the Mr. DODD. Mr. President, I suggest on the issue, which will occur in a lit- very regulators who failed to prevent the absence of a quorum. tle less than 2 hours from now, decid- the crisis in the first place. Congress The ACTING PRESIDENT pro tem- ing whether we can even go forward must do it, as it did in the 1930s, by pore. The clerk will call the roll. and debate the matter. My hope is our separating commercial from invest- The assistant legislative clerk pro- colleagues will allow us to debate this ment banking activities and putting ceeded to call the roll. issue. limits on the size and leverage used by Mr. DODD. Mr. President, I ask unan- I understand there are differences. systemically significant banks and imous consent that the order for the There is hardly unanimity in caucuses, nonbank players alike. This is a pro- quorum call be rescinded. let alone in the Chamber, on the way

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2613 to go, particularly in areas involving have taken your family out on a trip banks themselves were then bundling systemic risk, dealing with the so- and you come home to find the front these mortgages, only holding them for called too big to fail provisions, deal- door swinging wide open, flapping back 8 or 10 weeks and then selling them off, ing with the provisions of how we ad- and forth. When you walk in the house, branding them AAA to unsuspecting minister the notion of exotic instru- you realize you have been robbed. Your investors, and that created that bubble ments, the derivative community, and TV is gone, your furniture, your jew- that ultimately was the major cause of the like. Significant discussions have elry, important documents, cash, and the collapse. gone on. The assumption we are going family photos, all have been stolen out Today, that same problem can exist to resolve all of those issues prior to of your home. Maybe worst of all, there in the absence of the law we are put- debating the issues is somewhat unre- is broken glass and shattered pottery. ting before our colleagues. Maybe I alistic if we are trying to reach accom- Not only did they steal, but they de- should have said this at the outset, but modation on all the various matters cided to wreck the house as well. So we hardly claim perfection in what we that are included in the 1,400 pages of you are angry and frightened, won- have written here. Hardly. But we be- the proposal which we will have before dering what is coming next and how lieve they are sound ideas that deal this body. much it will cost you to replace your with these very issues that caused the Today my plea is not so much on the TV and your stereo. Then you find out, problem in the first place, and what we substance of what is here, although I at the end of all this, that they have need to do is to be able to debate those am willing to discuss all of that be- identified the robbers who have broken ideas. If my colleagues disagree, as cause it is important our colleagues into your home and stolen everything many do—some think I have gone too know what we have tried to achieve and, by the way, you have to write a far, some think I haven’t gone far and accommodate in our legislation, check to them. The very people who enough, and those are maybe two le- but a plea to let us get to the debate. caused the damage are now going to gitimate points—how are we to resolve I do not think the American people get a check written out to them—those our disagreement if we can’t bring up understand this. Regardless of where who caused the problem in the first the bill and have the debate this Cham- you come out on the issues, whether place. ber was designed to engage in? What is Well, that is what happened, in ef- you stand on the various provisions of the point of having 100 seats, coming fect, 18 months ago. People came in the bill, I do not know how to explain from 50 States, when a major issue af- and robbed our homes, in effect. In to people to make them realize how fecting our country cannot even be the fact, they took the home, they took vulnerable we are today in the waning subject of a debate? the income, and they took the retire- days of April 2010 as we were in the fall So I urge my colleagues—I urge of 2008 when we saw what happened to ment. They watched jobs go out the window. The very people who were re- them—to let us get to this debate. Let our economy. Nothing has changed ex- us do our best to resolve these matters cept, of course, jobs have been lost, sponsible for it, of course, were sta- bilized because we wrote a check for as adults, as people who have strong homes have gone into foreclosure, re- views and feelings, many of which we tirement incomes have evaporated, and $700 billion to stabilize those institu- tions. As we did so, and, of course, we agree on, by the way. I mentioned my housing values have declined. Almost colleague from Virginia, the Presiding $11 trillion in household wealth has got them back on their feet, the very Officer. I don’t know how long MARK been lost. That is what has happened leaders of these industries began to reap massive bonuses to put them- WARNER and BOB CORKER spent—hun- over the last 18 months. dreds and hundreds and hundreds of We have yet to stand and address selves on solid footing. So they have hours—to make sure that in this pro- what caused that to happen in our benefited from this financially. Yet 81⁄2 posal never again would a financial in- country, to fill in those gaps to provide million jobs were lost, 7 million homes stitution in the United States of Amer- the regulation, put the cops on the ended up in foreclosure, there was a 30- ica reach such a status that it would be beat, create provisions that would min- percent decline in home values and a guaranteed implicitly that the Federal imize the next economic crisis. And it 20-percent decline in retirement of Government would bail them out when will occur. There is nothing I have working families, all who thought they they engaged in excessive risk and put drafted that can protect our country were protected. All that is gone, and themselves in great jeopardy. Our bill from future economic difficulty. somewhere between $11 trillion and $13 As certain as I am standing here trillion—not ‘‘b’’ as in billion but a does that. Without any question what- today, we will face yet another crisis trillion dollars—in household wealth soever, those entities, if they reach or crises in the future. The question is, has been lost in 18 months. that point, will fail. They will go into Are we going to be better positioned to If that is not wreckage of your bankruptcy, they will go into receiver- minimize that crisis so we do not see home—your economic home—I don’t ship, and management gets fired. They the collateral damage that has been know what is. Today, we are as vulner- don’t get a bonus, they get fired. caused to businesses, individuals, re- able as we were 18 months ago. Our Shareholders lose their resources or tirement, homes—all of the things that house is still unlocked, in a way. What their investments, as well as do credi- we have suffered because we did not happened 18 months ago could happen tors, not to mention other problems as- have in place the kind of safeguards again. The difference this time is I sociated with it. But the idea is, those that might have put a tourniquet on don’t think there is an ounce of will- entities go out of business, and we wind this problem in its earliest stages, not ingness on the part of the American them down in a way that doesn’t jeop- to have eliminated the crisis but cer- people to write that check again. What ardize other sectors of our economy. tainly eliminated the damage it caused they are asking is for us to step up, to Nothing could be more clear in our because we did not have the cops on think carefully—as we have tried to do bill than that. If there was one issue I the beat, we did not have the regula- over the last year or so as we have think we all agreed on, it was to make tion, and we did not have what is ex- gone through this process—and craft sure that didn’t happen. Again, the actly included in this bill to minimize some ideas that would minimize that Senators from Tennessee and Virginia, the danger in the future. from happening again so there is not a and there were others, by the way, who I have tried to explain this issue. Ob- huge part of our economy that is to- were engaged in that debate in writing viously, it is complicated when you tally unregulated, as we had with real this bill to achieve that desired result start talking in these words that are estate brokers who on their Web site by the American people. archaic; talking about credit default had as their first rule to brokers, con- We also said: Look, one of the prob- swaps and derivatives and systemic vince the borrower you are their finan- lems that happened over the years risk and all the other terminology that cial adviser, when they were anything leading to this crisis is that we didn’t is used to talk about financial services. but their financial adviser. So they even know what was going on out But let me try to phrase this in more were luring people into mortgages they there. We heard Bob Rubin, the former graphic terms, if I can. couldn’t afford and convincing them Secretary of the Treasury, and we Imagine coming home from a week- they could pay for it, knowing full well heard Alan Greenspan and others— end away. You have been away. You they never ever could. Of course, the whether you believe them—who said we

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2614 CONGRESSIONAL RECORD — SENATE April 26, 2010 didn’t understand how this was hap- my colleague from Delaware men- solid proposal on how we can protect pening or why it was happening or even tioning my credit card bill, but we the American consumers from these that it was happening. shouldn’t have to write a bill every very risky instruments if they are not Well, that excuse ought to never time there is a deceptive or fraudulent subjected to some basic rules of margin occur again. So we create in our bill practice that does damage to con- requirements—capital. Let the Sun that early radar system—again, maybe sumers. Why does it take writing a bill shine on them in the exchanges, where a more graphic description of what the every time there is a problem? Why not people can see the value. The market Systemic Risk Council does. This is have regulations in place that would can determine that. All those things made up of various Federal agencies, so protect consumers? are critical. Derivatives are not a bad that there is not just one but a mul- Let me mention what else that does. thing. They are needed, in fact, to have tiple set of eyes with differing back- It isn’t just protecting the consumer economic growth and prosperity. The grounds and experience to deal with from a faulty financial product. One of problem isn’t using them, it is how the economic issues of our Nation; to the most important elements in our they are used and whether they operate be constantly watching and monitoring economy is consumer confidence—hav- in the shadows or in the bright light, what is occurring out there and not ing a sense of optimism and confidence where everyone knows what they are just in our own country, by the way, or faith that our institutions will be and how to value them. That is in our but around the world. How many of us there to work for them and not against bill as well. have read headlines over the past few them. One of the great damages to our There is a lot more in this legisla- weeks about Greece and what problems country—and I don’t know how you put tion, and my intention was not to go it may pose to Europe and other parts a number on it. I can’t cite the number through and enumerate every section of our global economy or what hap- on home values lost or wealth lost or of the bill—all 12 sections of the bill. pened in the Shanghai stock market a mortgages or foreclosures or jobs lost. My point to my colleagues is: Let us number of years ago, where a decline in Tell me what price we put on the loss get to this debate. Let us have a value in that exchange put the entire of the American public’s confidence in chance. If you don’t like what I have world in a tailspin for several days. So our financial system. What is that done on consumer protection, on de- the notion that it is just what happens number; that people no longer trust or rivatives, if you don’t like what we here at home on mortgages or other have deep questions about whether have done on too big to fail, if you issues is not limited, it is also what they are going to be protected with don’t like what we have done on other happens around the world today that their hard-earned dollar with that in- provisions in the bill, then come and can affect us. surance policy or that stock they want bring up amendments. Let’s debate Anyway, this part of the bill is de- to buy? Not that they ought to be guar- them and let’s have that ability to at signed to be that early warning sys- anteed a return on it but that there least try to shape this legislation. tem—that radar system. Again, I wish isn’t going to be some deceptive, abu- At 5 o’clock this afternoon, for the to thank my colleague from Virginia sive practice that will put them at very first time since the crisis hit— and my colleague from Tennessee. One risk. To me, that is about as important other than the credit card bill and a of the provisions in that early warning an issue as you can have—confidence of housing bill that we had come out of system is data collection on a daily the American people that the architec- my Banking Committee—this is the basis, so we know what is happening ture of our financial system is one they first chance we will have in 18 months, economically literally on an hour-to- can have faith in, that they can have since the worst economic crisis in 80 hour basis. That will be a great value confidence in. That reputation has years—which we are still suffering as we sit there and try to make these been damaged severely over these last from. I know the markets are doing assessments and pick up on these prob- number of months. better, I know corporations are doing lems in the earliest stages before they I don’t claim what we have written in better, I know the stock market is can occur. this area of consumer protection solves making more money, but for most of us Consumer protection. This ought not every problem. But for the first time in in this Chamber, we know it hasn’t be a radical idea—to protect consumers our Nation’s history, for the very first quite reached down yet—the economic from any problems financially. How time, we will have a consolidated con- recovery—to average citizens who have many of us, of course, read the tragic sumer protection agency with the prin- lost their jobs, who have lost their re- news over the last few weeks about an cipal responsibility of watching out for tirement, who have lost the wealth automobile manufacturer that had a the consumers of financial products. I they built up over the years. All that is defective accelerator? What was the think that is a major achievement for gone. For a lot of them it is not going first thing you heard? Those cars are our bill. to come back. So what we need to do is being recalled so you would not be at Lastly, let me mention the old issue step up and try to provide some an- risk in driving them. We hear of recalls of these exotic instruments that I men- swers the American public is looking all the time on products we buy. You tioned earlier that have complicated for. A lot of the rage and fury and buy that nice TV and it doesn’t work, definitions of what they do and how anger we are seeing around other issues you can send it back, you can recall they work. One of the major problems happened in no small measure because that product, and you will be protected is, of course, it has been an unregu- of what happened to our economy and as a consumer. lated area. It has been what they call because of the failure to have regu- What happens when you get a finan- the shadow economy. To give an idea of latory procedures in place, to have cops cial product that doesn’t work or is de- how the issue has exploded, in 1998, the on the beat to enforce those regula- fective or certainly producing results area of derivatives generated about $91 tions, to be able to have the early that were never intended but are caus- billion in activity. That is 12 years ago. warning system to identify problems ing major problems? Where do you go Last year—I think it was 2009 but the before they spun out of control. to get a recall on a faulty mortgage or last year we have numbers on this, the Our bill, we believe, steps up and ad- a credit card deal that is corrupt or amount of activity in this area jumped dresses those issues. Again, give us the fraudulent or deceptive or abusive? from $91 billion to almost $600 tril- opportunity to at the very least debate Why shouldn’t we deal with financial lion—$91 billion to $600 trillion in 10 them. We cannot get to the resolution products that can bring someone to fi- years in unregulated activities, in this of these matters if the matter is not on nancial ruin? We can do it with a toast- shadow economy. It was those activi- floor. Senator SHELBY and I have been er, a TV or an automobile. Well, our ties that also contributed so much to talking. We talked over the weekend. bill sets up a Consumer Financial Prod- the economic difficulties we are going We talked already this afternoon. We uct Safety Commission or bureau or di- through. will meet again. Even if we get this vision that we have established in this The Agriculture Committee, run by done and move to the bill, we have to bill. So consumers themselves can have my good friend from Arkansas, sit down and work out how to manage someplace to go to get redress. BLANCHE LINCOLN, and the members of all of this, so I thank him again for his Rules can be written to protect them her committee and our Banking Com- willingness to do that. I deeply believe against abusive practices. I appreciate mittee have worked out a sound and Senator RICHARD SHELBY of Alabama

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2615 wants to get to a bill, as I believe do test of time for not a year or two but add a few improvements, on the over- most of my colleagues here, but we for decades to come. arching goal of making sure the tax- cannot ever get there if we do not have Before I get into a substantive dis- payers never again would be on the that debate. cussion about how we got here and how hook, I believe we have taken giant I did not mean to speak this long but I believe the Dodd bill takes dramatic steps forward. I wanted at least to let my colleagues steps forward, there is one other issue As you heard from the chairman al- know how important I believe this I need to address. I have sat in the ready, those conversations are ongoing issue is. Frankly, I don’t think it chair as the Presiding Officer and have even today. Please, while we kind of serves our interests well to be scream- heard—and I know as Presiding Officer get sometimes subject in this body to ing at each other about who cares more we have to bite our tongues some- hyperbole, anyone who makes the about this issue than the other. I think times—colleagues come forward and claim that this legislation is partisan it unfortunate that a number of my Re- somehow portray this piece of legisla- only doesn’t recognize the facts or has publican friends who I know care about tion as a partisan product. not seen the experience of the members this very much would be branded that I have only been here for 15 months of the Banking Committee over the somehow they don’t care about it to but in the 15 months I have had the last 15 months. such an extent that they would not honor of serving this body, I have not Let me also acknowledge—and I rec- even let it get to a debate. They have seen any piece of legislation that any- ognize I have a number of things I want ideas on this legislation. They want where approaches the type of bipar- to say and maybe other Members want their amendments considered and they tisan input, discussion, and ongoing di- to come, but let me acknowledge some- don’t want to be told you cannot even alog that Chairman DODD’s bill has. thing else about this discussion. Six- do that because we do not have some Literally, in the 15 months I have had teen months ago, when I came to this large, sweeping agreement on a bill the honor of serving on the Banking body, I actually thought I knew some- here. Committee, we held dozens if not hun- thing about the financial services sec- Senator SHELBY and I are very close dreds of hearings on the objectives of tor. I spent 20 years prior to being Gov- on some issues that we think we can this legislation, objectives, again, that ernor around financial services, taking reach an understanding. Basically we I think colleagues on both sides of the companies public. I had some ideas are there in a lot of these matters. I aisle agree upon: making sure there is about how we would sort through these had hoped maybe we would get there never again taxpayer bailouts for mis- issues. I have to tell you what I quick- before this afternoon, but there is no takes made by too large financial insti- ly found was that oftentimes my origi- reason to stop all this, in my view, and tutions, making sure we have more nal idea, or oftentimes the simplistic not get to the adoption of the motion transparency and, as the chairman sound bite solution that I thought to proceed. said, a return of a sense of fairness to might be the solution, more often than For all of those reasons, I urge my our whole financial product system not proved not to be the case and that colleagues at 5 p.m. to vote to proceed and, third, that ultimately the Amer- trying to sort our way through this to this matter and let us take the next ican people, the consumers of this Na- labyrinth of financial rules and regula- few days to consider this legislation. tion, will make sure there is somebody tions in a way that brings appropriate I suggest the absence of a quorum. watching out for the financial products regulation but maintains America’s The ACTING PRESIDENT pro tem- that sometimes they have been pur- preeminent role as the capital mar- pore. The clerk will call the roll. chasing without appropriate knowledge kets’ capital of the world has been The bill clerk proceeded to call the or appropriate recourse, when these challenging. roll. products explode in their faces. Again I thank my colleague Senator Mr. WARNER. Mr. President, I ask Again, unlike the Presiding Officer CORKER. I think we both realize there unanimous consent the order for the who served around this body for many is no Democratic or Republican way to quorum call be rescinded. years, I am a new Member. But I saw get this right but we had to get it The PRESIDING OFFICER (Mr. where the chairman did something I right. Over the last year we have set up KAUFMAN). Without objection, it is so thought was somewhat unusual with a literally dozens of seminars where we ordered. major piece of legislation. Rather than invited members of the Banking Com- Mr. WARNER. Mr. President, I rise saying he had all the knowledge and all mittee to come in and kind of get up to today to urge my colleagues to support the input, he actually invited in the speed as well. Fifteen months later, bringing forward Chairman DODD’s reg- members of the committee, junior with this legislation now before the ulatory reform bill. The chairman has members, senior members of both par- floor, I think we have taken giant steps just spoken with great passion about ties to set up working groups to take forward in getting it right. how we got here. I want to take per- on some of the challenging aspects of I also want to revisit for a moment, haps somewhat of a similar tack and this bill—consumer protection, sys- before we get to the substance of the describe, as a new Member, why I think temic risk, corporate governance, the bill, how we got here. I have actually this legislation is so terribly impor- whole question of derivatives. Let me been stunned sometimes, sitting in the tant. state absolutely, because I can state Presiding Officer’s chair, hearing col- I have had the opportunity today and from the systemic risk/too big to fail leagues come in and try to cite as the on other Mondays, as is often noted, to portions, the products we developed causation of the crisis that arose in sit in the chair and listen to my col- that are critical parts of this legisla- 2007 and 2008 a single legislative action leagues come in and talk about this tion are bipartisan in nature, bipar- back in the 1970s or a single individ- issue. I heard today my colleagues talk tisan in ideas, and find that common ual’s activities over the last two dec- about health care, talk about stimulus, ground that has been so absent from so ades. The claims are so patently ab- talk about unemployment, as somehow many of the previous debates we have surd, sometimes they do not even bear reasons why we should not start a de- had over the last 15 months—I think recognition or bear rebuttal. But it is bate about financial regulatory reform. particularly about the fact of the sys- important to take a moment to look I am not sure I understand the connec- temic risk, too big to fail, and resolu- back on the fact that none of us comes tion. tion authorities Senator CORKER and I with clean hands to this process of how Candidly, the American people could worked on. There has been no better we got to such a mess in 2008 that we do with a little less political theater partner I could have had than Senator were on the verge of financial melt- and a little more action. Regardless of BOB CORKER, grinding through hun- down. what happens this afternoon at the dreds of hours, recognizing there was Think about the fact back in the vote at 5 o’clock, I hope—and I hon- no Democratic or Republican response early 1990s, back in 1993, Congress actu- estly believe most of my colleagues on to systemic risk and too big to fail, but ally passed legislation to give the Fed- both sides of the aisle hope—that we we had to get it right. While there may eral Reserve the responsibility to regu- will get to that agreement in a bipar- be parts of this bill that can still be late mortgages—responsibility that we tisan new set of rules of the road for tightened and need to be tweaked here have seen time and again they didn’t the financial sector that will stand the and there, and the Senator and I may take up the challenge to meet.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2616 CONGRESSIONAL RECORD — SENATE April 26, 2010 The Presiding Officer spoke very elo- get a mortgage, be able to put 20 per- siding Officer has heard—any of us who quently earlier this afternoon about cent down and be able to show you can have tried to get into this issue have the actions of Congress in 1999, the pay it back, we all got swept up in this had folks from the financial industry Gramm-Leach-Bliley bill, that basi- ‘‘who cares about tomorrow; let’s just come in and talk to us about the un- cally broke down the walls between borrow for today.’’ foreseen consequences of any of our ac- traditional depository bank and invest- We also saw innovations, and Amer- tions. Some of those arguments are ment banking that had been set up by ican capitalism has worked pretty well, valid, but oftentimes those arguments the Glass-Steagall Act in the early particularly in the last 100 years. But are simply—they always start the 1930s. Where the Presiding Officer and I we particularly saw innovations in the same: We favor financial reform, but may differ now is I am not sure we can last 5 or 6 years alone, innovations that don’t touch our portion of the financial unscramble those eggs, but clearly we originated on Wall Street that were sector because if you do this, the unin- needed a little more thought back in supposed to be about better pricing tended consequences would be enor- 1999, as we internationalized our finan- risks: derivatives and all of their cous- mous. cial markets and turned these large in- ins, nephews, and bastard offspring. Because the knowledge level and the stitutions into financial supermarkets, But these tools that were supposed to complexity of these discussions are so which was one of the precipitating fac- be a better price risk we have now challenging, what we also have to fight tors in this crisis as well. found were more about fee generation against in this body is the more easy Candidly, bank regulators were not for the banks that created them and, process to default to the status quo be- given the tools to regulate, and often- instead of lowering overall risk, cre- cause timidity in this case will not times regulators of both depository in- ated this intertangled web that, once solve this crisis and will not provide stitutions, their bank holding compa- you started to put the string on, poten- the new 21st-century financial rules of nies, and their securities firms, had no tially brought about the whole collapse the road we need. We can’t be afraid to shine the light collaboration or coordination. of our markets. During our hearings in the Banking Time and again, we saw, rather than on markets or, for that matter, to raise Committee when we looked into one of transparency in the market, opaque- the cost of certain activities, because the most egregious excesses in the last ness and regulators who never looked the unforeseen consequences of the few years, the Bernie Madoff scandals, beyond their silos. interconnection of these activities, as we heard regulators had started down I think most all of our colleagues we saw in 2007 and 2008, pose grave risk the path to try to find out the source of want reform. Colleagues on both sides to our financial system—and as we some of the criminality that took place of the aisle want to get it right. But I have seen with the 8 million jobs lost and literally trillions of dollars of in the Madoff case, only to find because believe there are two real dangers as value lost from the American public. of our mismatch of regulatory struc- we go down this reform path. One is to So what does S. 3217 do to accomplish resort to sound-bite solutions that at ture they got to a door they couldn’t this? I spent most of my time on the open because that was the purview of first blush sound like an easy way to two titles that Senator CORKER and I solve the problem but in actuality may another regulator. worked on and the chairman and his Regulators, under our existing rules, not get to the solution we need. staff adopted and changed a bit but were actually prohibited from looking I know we are going to have a fervent that still provide the framework and, I at derivatives. Derivatives, as the debate on this floor—and I look for- believe, the right structure. Chairman mentioned, in the last dec- ward to it—about the question of First—the chairman has already ade have gone from what seems like a whether the challenge with some of our mentioned this—we create for the first large number—$90-plus billion—to lit- institutions was their market cap or time ever an early warning system on erally hundreds of trillions of dollars in was it really putting pressure on the systemic risk. If there is one thing that value. regulators to look at their level of has become clear from all of the hear- Responsibility continues, again, in interconnectedness and the level of ings that have been held, not just at some of our monetary policy. In the risk-taking that was taking place. I the Banking Committee but under Sen- early part of the 2000s—and again, not look forward to that. There are valid ator LEVIN’s Investigations Committee many people sounded the alarm at that points on both sides. When we get to and Chairman LINCOLN’S Agriculture point. We overrelied on low interest that debate, I will point out the fact Committee, it is that there was very rates and monetary policy to pull us that in Canada, where there is actually little combination and sharing of infor- out of the 2001 recession. But as we a higher concentration of the banking mation between the regulatory silos. came out of that 2001 recession, we left industry than in the United States, be- The chairman’s bill creates a nine- those monetary policies in place, which cause there was greater regulatory member Financial Oversight Council led to a housing bubble for which we oversight and actual restrictions on le- chaired by the Treasury Secretary and are still paying the price. verage, those Canadian banks didn’t made up of the Federal financial regu- I know some of my colleagues on the fall prey to the same kind of excess we lators. This group will bear the respon- other side said this bill does not take found here in the United States. sibility, both good and bad, if they on the GSEs, Fannie Mae and Freddie I know the chairman and Chairman mess up, of spotting systemic risk and Mac. And, yes, to a degree, they are LINCOLN are working through the ques- putting speed bumps in place because right. And then, in a subsequent ac- tion of derivatives, where they should we can never prevent another future tion, we will have to make sure we be housed, because they do provide im- crisis, but to do all we can to slow and have a new model in place for these in- portant tools when used properly. And minimize the chance of those crises. stitutions. But that should not be used there will be a spirited debate on The most important part of this sys- as an excuse to not put in place major whether we should break off deriva- temic risk council is it will actually financial regulatory reform. tives functions from financial institu- share information, so no longer will we Candidly, if we are going to be really tions. I look forward to that discus- have one regulator who is looking at truthful with each other and the Amer- sion. By simply breaking off these the holding company, another regu- ican people, we have to acknowledge products into a more unregulated sec- lator looking at the depository institu- that everyone—not just the banks but tor of the industry, we could, in effect, tion, a third looking at the securities everyone—got overleveraged. Quite if we do not do it right, create an even concerns and not sharing that data. honestly, we all, the American people, greater harm down the road than we We will place increased cost on the probably need to take a look in the have right now. size and complexity of firms. The larg- mirror as well. I think, as we bought So the first challenge is to make sure est, most interconnected firms will be those adjustable rate mortgages; took we don’t fall prey to the simple solu- required—not optional but required—to out that second and third loan on our tions and recognize the complexities of have higher capital, lower leverage, home; ended up getting that deal that these issues. better liquidity, better risk manage- seemed too good to be true; moved The other challenge we have to be ment. Those have all been traditional away from the conventional idea that aware of is the converse. I know the tools that have already been in our reg- you ought to go ahead and, before you chairman has heard, I know the Pre- ulatory system, but this systemic risk

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2617 council will require those large institu- regular order of bankruptcy. By doing where the failure of an institution tions to meet all of these higher this, we create the expectation in the could cause systemic risk and bring costs—in effect, their cost of being so marketplace that bankruptcy will al- down the whole system? large and interconnected. ways be the preferred option. With an appropriate check and bal- But what we are also bringing to the Never again will there be an excuse ance—and again, I commend Senator table are three brandnew tools that I that, we are too big and too com- CORKER for his additions—in effect, si- think, if executed and implemented plicated to go through that orderly multaneous action of three keys: the correctly, will provide tremendous process. Creditors and the market will Treasury Secretary, the head of the value in preventing that next financial know there is a plan in place that has Fed, the FDIC, and additional over- crisis. Those three tools are contingent to have been approved by the regulator sight—all of these actions taking place, debt, our so-called funeral plans, and and constantly updated so we have a there then is an ability to say, how do third, the Office of Financial Research. way out. we resolve an institution, in effect put Since these are new tools, let me spend The third area—again, I was very it out of business—unlike in 2008 where a moment on each. pleased to hear the chairman mention the government invested, in effect, in a One of the things we saw in the 2007, this because within the press and the conservatorship approach that said: We 2008 crisis was that as these firms got commentary, it has gotten no informa- will prop you up to keep you alive be- to their day of reckoning, it became tion or no focus at all—is the creation cause we don’t know what to do with virtually impossible for them to raise of a new Office of Financial Research you to keep you alive because you are additional capital and shore up their within the Treasury. so large and systemically important. equity. Once they start going down the One of the things we heard time and We have created in this bill a resolu- tubes, the ability to attract new inves- again from regulators as we kind of tion process that says: If you as a man- tors, particularly from a management went back and looked at how we got in agement team are crazy enough not to team that sometimes doesn’t recognize the crisis of 2007 and 2008 was that the go into bankruptcy, but actually allow how far and how close they are coming regulators didn’t realize the state of resolution to take place, you are going to the brink, is a great challenge. interconnectedness of some of the in- out of business. Senator CORKER said: So working with folks from the Fed stitutions they were supposed to be You are toast. Your management team and experts across the country, this regulating. No one had a current, real- is toast. Your equity is toast. Your un- bill includes a whole new category time market snapshot of all of the secured creditors are toast. You are within the capital structure of those transactions that were taking place on going away. large institutions: contingent debt. a daily basis, so nobody knew what Again, we are going to put this insti- There will be funds within the capital would happen if you pulled the string tution out of business in a way that structure that will convert into equity on AIG, even though it was their Lon- does not harm the overall financial at the earliest signs of a crisis. Why is don-based office, what would happen if system. We have to have an orderly this important? This is important be- those contracts suddenly all became process. cause if this debt converts into equity, suspect. We saw during the crisis of 2008 what the effect it has on the existing share- By creating this Office of Financial happens when one of these institutions holders is it dilutes them. It takes Research, we will give the regulators fails without any game plan. We saw money right out of their pockets. So and the systemic risk council, on a the value of these institutions dis- existing shareholders will have a real daily basis, the current state of play appear overnight as confidence in the incentive to hold management ac- across all the markets of the world. market, confidence within the market countable, not to take undue risks, be- This tool, if used correctly, would be in the institution was lost. So working cause long before bankruptcy or resolu- another terribly important early warn- with my colleagues and experts from tion we will be able to have this ing system. But as the chairman has the FDIC and others, we said: What you in place that will convert this debt into mentioned, with all this good work, we have to do is, you have to have some equity, diluting existing shareholders still can’t predict there will never be dollars available to keep the lights on and, candidly, diluting management as another financial crisis. Chances are so that you can sell off the portions of well. How effectively we use this tool Wall Street and others, creativity the institution that are systemically has yet to be seen, but it will provide being what they are, will find some important and unwind this in an or- another early warning check on these way, even with all this additional regu- derly way that doesn’t have an effect, large institutions. latory structure and oversight. We can the equivalent of a run on the bank or The second new addition to the chair- never predict there might not be an- a run on the financial system. man’s bill is basically funeral plans for other crisis. So what do we do? Again, we have heard critiques of the these large institutions. What do I First and foremost, what this bill approach Senator CORKER and I came mean? I mean a management team will puts in place is a strong presumption up with in this resolution fund, this have to come before their regulators for bankruptcy so that creditors and ‘‘how do you put yourself out of busi- and explain how they can unwind the market alike will know what hap- ness in an orderly way’’ fund. We actu- themselves in an orderly way through pens if they get themselves in trouble. ally thought it ought to be paid for by the bankruptcy process. Particularly for these largest institu- the financial industry, with the ability We heard stories—I will not mention tions that are systemically important, then to have that fund, in effect, re- the institution—we heard stories in the they will have to have their plenished after the crisis is over. height of the crisis in 2008 about how preapproved, in effect, bankruptcy fu- I saw polling today that shows the certain very large international insti- neral plan on the shelf so that we can overwhelming majority of Americans tutions in effect came before the regu- pull that off in the event of a crisis and actually think the financial sector lators and said: You have to bail us out allow the institution to go through an ought to bear the cost of unwinding because we cannot go through bank- orderly bankruptcy process. Again, one of these large, systemically impor- ruptcy; it is just too hard. Never again bankruptcy will be the preferred option tant firms. Let me say, if there are should any institution be allowed to be of any reasonable management team other ways to do it—as a matter of in that position. And if we use this tool because through bankruptcy there is at fact, some in the administration have correctly—this is an area where I know least some chance they may emerge on suggested other ways—I am sure we the Presiding Officer has great inter- the other side in some form or another. can find common ground as long as we est—if the regulator does not sign off They may be able to keep their job, if do have at least two principles: First on the funeral plan for this institution, they are part of management. Some and foremost, the taxpayer must be on how it can unwind itself, even with shareholders may still have some eq- protected, and industry, not the tax- many of its international divisions, uity remaining. payer, has to take the financial expo- through an orderly bankruptcy proc- What happens if we have a firm that sure. Second, funding has to be avail- ess, then the regulator can, in effect, doesn’t see the inevitable and isn’t able quickly to allow resolution to make this institution sell off or dispose willing to move to bankruptcy? What work in a way to orderly unwind the of parts that can’t be done through a happens if we have a circumstance process. But it ought to be done in a

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2618 CONGRESSIONAL RECORD — SENATE April 26, 2010 way—again, this is where some of the parts of the bill—again, an area I know Again, I can only say for the banks in judgment comes in—where there is not my colleague, Senator GREGG, has been my State of Virginia, those smaller so much capital available that we cre- working on: How we get it right around banks who oftentimes have said they ate a moral hazard, but a bailout fund derivatives. didn’t cause the crisis—and they is created. Again, there is no policy difference. didn’t—they are the first to say: We Personally, I believe the House legis- Both sides agree derivatives are an im- need enhanced consumer protection to lation goes too far in creating a fund of portant tool when used appropriately. make sure that our financial products that size. I think the chairman’s mark Particularly industrial companies need are regulated by the type of product, strikes a much more appropriate bal- to use the derivative to hedge against not by the charter of the institution ance. But if there are ways to do this future risk within their business. The that issues the product. There may be that protect the taxpayer, allow speedy challenge is, how do we not draw that ways to improve on this section. But, resolution with funds that will be end user exemption so large that every again, I think Senator DODD and Sen- available so we don’t have a run on the institution on Wall Street suddenly ator SHELBY are working to get it market, a run on the institution that transforms itself into an industrial end right. creates more systemic risk, as long as user. Secondly, while these contracts We have seen, as well, major action the industry at the end of day is going are unique, they have to have more on the rating agencies, questions to pay for it, I am sure there are other light shown on them in terms of clear- around underwriting. There are tre- ways and we can find that common ing and exchanges. mendous parts of this bill that haven’t ground. I know Chairman DODD and Chair- been the subject of great criticism be- What we did in this process of resolu- man LINCOLN and Senator REID and cause they are that common ground REGG tion is we said: Let’s take what is Senator G will be working that, I think Senator SHELBY has said working. Let’s see what is best from through this. One suggestion I would in earlier quotes, 80 or 90 percent of the FDIC process which currently re- have—because as someone who has both sides agree on. Where we don’t solves banks on a regular basis. One of seen Wall Street act time and again, I agree, we ought to debate and offer the things I have heard from some of wish them all the luck—part of my amendments. concern is that whatever rule we come my colleagues on the other side—I I look forward to candidly working up with, there is so much financial in- don’t know about their community with a number of colleagues on the centive on the other side that a year or banks, but my community banks in other side of the aisle on technical two from now, we may be back because Virginia; I would bet the community amendments to this bill where we they found a way around it that we banks in Delaware and the community think we can make it slightly better. again need to give the regulators cer- banks in Connecticut—we don’t want But if we are going to get there, we tain trip wires. I, for one, believe we to get stuck paying the bills for the have to get to the debate. large Wall Street firms that bring the ought to take the industry at its word. I hope we move past procedural back- system to the brink of financial catas- The industry says end users are only and-forth that, as a new guy, I still trophe. So, again, one of the aspects of going to be 10 percent of total deriva- don’t fully understand. I think it is the chairman’s bill is to make sure any tive contracts. Then let’s put that in as time to fully debate this bill out in the resolution process does not burden, a regulatory goal. If they end up ex- open. The chairman made mention of charge, or in any way otherwise inter- ceeding that, then we can bring draco- what has been taking place in the last fere with community banks. nian consequences to bear. Or if they What we think we have struck is a say, yes, we can make most of these few weeks in Greece. I know the Pre- process that puts costs on those insti- transactions and most of these con- siding Officer has helped educate me on tutions that make the business deci- tracts transparent through clearing or a whole new activity that is taking sion to get large and systemically im- exchange, great; let’s accept them at place in the financial markets right portant. We think we have put in place their word. now around high-speed trading and co- abilities for the regulators, with the fu- But if they don’t get to those totals, location that could be the forbear of neral plans, to make sure if this inter- then perhaps some of the actions that the next financial crisis. connectedness is so large that they particularly Members on my side of the How irresponsible would we be, 18 can’t go through bankruptcy, then we aisle would like to take can be put in months after, again, the analogy of the can stop them from taking on these place. But, again, folks of goodwill can chairman, after our house was broken new activities. But because we can’t al- find common agreement. into, when we haven’t even put new ways predict eventuality, we have then Finally, the area around consumer locks on the door, if we ended up with said: If you need to use a resolution protection, where the chairman and another robbery, whether it was caused process, let’s make sure it is orderly, the ranking member have worked at by internatinoal action or whether it paid for by industry, and that you have great length to kind of sort this was caused by high-speed trading, be- stood it up in a way that no rational through, everybody agrees on the com- cause we don’t have new rules of the management team would ever expect mon goal. There needs to be enhanced road in place? or want to choose resolution. consumer protection, particularly for In the 15 months I have had the I know my colleague from New the whole nonregulated portion of the honor of serving in the Senate, I can’t Hampshire has been a great partner in financial industry that now exceeds the think of a piece of legislation that bet- this legislation and is on the Senate regulatory half. Too often it was the ter represents what is good about the floor. I will end with just a couple more community bank that was chasing the Senate, folks on both sides of the aisle moments. There are other parts of this mortgage broker on some of the bad fi- coming forth with their ideas, trying bill that have not received a lot of at- nancial products because there was no to fashion a good piece of legislation. I tention. In this bill, the chairman has regulation on the mortgage broker to can’t think of an area where there is included an office of national insur- start with. So, again, there will be dif- less traditional partisan, left versus ance. ferences, but I think the approach of right, Democrat versus Republican di- One of the things we saw in the crisis the chairman, which is to keep this vides. I can’t think of an applause line in the fall of 2008 was that nobody with the appropriate rulemaking abil- better, whether I am talking to a group knew how entangled AIG’s activities ity but to make sure, particularly for of liberal bloggers or folks from the tea were with the whole financial system. those smaller banks, that we don’t end party, than the notion that we have to This doesn’t get to the question of who with conflicting information of a con- end taxpayer bailouts. should regulate insurance companies, sumer regulator showing up on Monday I urge my colleagues on both sides of but it does create at the Federal level and a safety and soundness regulator the aisle, let’s get through the proce- at least the knowledge within the in- showing up on Wednesday, to do that in dural wrangling. Let’s find that com- surance sector of its interconnected- a combined fashion so there is com- mon ground that I think we are 90 per- ness. The chairman has mentioned that monality of message, particularly to cent of the way there. Let’s pass a bill he and Chairman LINCOLN are working smaller banks, that strikes that right that gets 60, 70, 80 Members of the Sen- to grapple through one of the toughest balance. ate and set financial rules of the road

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2619 that will last not just for the next con- of different elements to this market. It That sounds, in concept, like a rea- gressional session but for decades to is not one monolithic market. It is not sonable idea, especially if you were in come. even a hundred, it is thousands—tens Argentina in the 1950s and working for I yield the floor. of thousands—of different and various the Peron government. But as a very The PRESIDING OFFICER. The Sen- things that are having derivatives practical matter, it is a concept which ator from New Hampshire. written against them, although they will do fundamental harm to the vital- Mr. GREGG. Mr. President, I rise to divide into pretty understandable cat- ity of our economy. Why? Because you speak on the bill. This is such a com- egories. will not have a lot of derivative prod- plex piece of legislation, it is difficult Within the bill that came out of the ucts in this country that will be able to to debate in a sense that is understand- Agriculture Committee, there was, for pass the test of being spun off. You do able because there is so much of a tech- lack of a better word, an antipathy ex- not have to listen to me to believe this. nical aspect to the bill. pressed toward the entities which pres- Let me quote from a message that was Let’s start with the purpose or what ently manage the derivatives market sent to us by the Federal Reserve, I believe the purpose should be. Our in this country, which are essentially which is a reasonably fair arbiter in purpose should be, one, to do as much the large financial houses. There was this exercise. They do not have a dog in as we can to build a regulatory regime an equal antipathy expressed relative the fight other than the financial sta- which will reduce the potential for an- to the entities that use these deriva- bility of our country. This is the Fed other event, the type of which we had tives, including large amounts of man- talking, not me: at the end of 2008 where we had a mas- ufacturing companies in this country, Section 106 would impair financial sta- sive breakdown in the financial system people who are dealing with financial bility and strong prudential regulation of de- and, as a result of huge systemic risk debt instruments in this country, peo- rivatives; would have serious consequences being built into the system, which ple who are dealing with the housing for the competitiveness of the U.S. financial wasn’t properly regulated and cer- institutions; and would be highly disruptive markets in this country. and costly, both for banks and their cus- tainly was not handled correctly by ei- It was almost as if somebody sat tomers. ther the financial institutions or by back and said: We dislike these folks, That is about as accurate and suc- the Congress—the Congress maintains and we are going to put in place a re- cinct a statement as to what the effect a fairly significant responsibility for gime which will sort of gratuitously of this section would be as I could have the meltdown that occurred at the end penalize them for the business they do said. I did not say it. Nobody would of 2008, for the policies that we had because we do not like it. It is too big. probably believe me. The Fed said it. running up to that period in the area of It is too complicated. I think the peo- The fair arbiter said it. housing. That should be our first goal, ple who wrote it felt it was not under- Why did they say that? Well, it is prospectively, trying to reduce sys- standable and, therefore, they decided pretty obvious if you know anything temic risk as much as possible in the to put forward proposals which would about the way these products work. system and putting in place policies fundamentally undermine the capacity But essentially, if you spin off these which will accomplish that. to do derivatives in this country. products, you are going to have to cre- The second goal, however, should be Is that bad? Yes, it is very bad be- ate entities out there to replicate the that we maintain what is a unique and cause derivatives basically are used for entities they were spun off of. So if a rare strength which America has, the purpose of making commerce work large financial institution is now doing which is that we have the capacity as a in our Nation, of making it possible for derivatives, and you spin the deriva- country to create capital and credit in people to borrow money in our Nation, tives desk off, the swap desk off, from a very aggressive way so entrepreneurs of making it possible for companies in that financial entity, that spun-off who are willing to go out and take our Nation to sell overseas, of making event is going to have to replicate the risks have access to capital and credit, it possible for people to put a product capital structure of the financial insti- that creates jobs, and that creates the in the stream of commerce and to pre- tution which was basically underpin- dynamics of our economy. sume that when they enter into an ning the derivatives desk. That capital We should not put in place a regu- agreement on that product, the price structure is estimated to be somewhere latory regime that overly reacts and, would not be affected by extraneous in the vicinity of a quarter of a trillion as a result, significantly dampens our events, such as the fluctuation of cur- dollars to a half a trillion dollars of capacity to have the most vibrant cap- rency costs or fluctuations in material capital, which will have to be created. ital and credit markets in the world costs. So it is critical we get the de- Well, what is the effect of that? When while still having safe and sound cap- rivatives language right. you start putting capital like that into ital and credit markets. There needs to be a significant new the system, that capital comes from The bill the Senator from Con- look at the regulatory regime of de- somewhere—assuming it comes at all— necticut is bringing forward, I pre- rivatives. The essence of the exercise it comes from somewhere, and where it sume, is going to have a lot of different should be transparency, maintaining comes from, quite honestly, is the cred- sections in it. I want to focus on one adequate capital for the counterparties itworthiness of other activity. It is not because it has become a point of sig- and margins, liquidity. That should be new capital. It is taking capital and re- nificant contention, and that is the de- where we focus our energy: trying to creating an event, a freestanding enti- rivatives section. Derivatives are ex- make sure the different derivatives ty here, of which capital is not around. traordinarily complex instruments, products that are brought to the mar- It will also mean there would be a and there are a lot of different vari- ket are as transparent as possible and contraction—and this is an estimate ations of derivatives. They are basi- also have behind them the support they not of the Fed but of the group of enti- cally insurance policies on an under- need in the form of collateral, capital, ties that actually do this business and, lying product that is occurring some- and margin, so if something goes wrong therefore, it can be called suspect, but where in the economy. Their notional they will be paid off, for lack of a bet- I think it is in the ballpark, give or value is almost staggering. There is ter word. take a couple hundred billion dollars— $600 trillion of notional value out there This proposal, as it came out of the it will also cause a contraction of in derivatives, which is a number that Agriculture Committee, does not try to about $700 billion of credit in this coun- nobody can comprehend. But you can accomplish that. Rather, it tries to es- try, to say nothing of the fact that if understand it is a pretty big issue. sentially eviscerate the use of deriva- you are looking for a derivatives con- Notional value means, of course, that tives as products amongst a large seg- tract and you cannot go to the finan- if everything were to go wrong at the ment of our economy. It sets up some- cial houses that usually do it in the same time, you would have $600 trillion thing called section 106, where it essen- United States, and you are a commer- of insurance sitting out there that had tially says the people who are doing de- cial entity or a hedging group, you are to be paid off. That obviously is never rivatives today, which are, for the going to go overseas and do it because going to happen. But the fact is, it most part, financial markets, must they are not going to have these types shows the size of the market and what spin those products off from their fi- of restrictions and you are going to be its implications are. There are all sorts nancial houses. able to buy that contract in Singapore.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2620 CONGRESSIONAL RECORD — SENATE April 26, 2010 So a large amount of entities, a large assets necessary to support the deriva- anteed-to-fail situation relative to the amount of business, will move offshore tives contracts so we are fairly con- need for capital to support these deriv- almost immediately upon the passage fident when a trade is made in a clear- ative transactions. It is just—it just of this bill, should this section be kept inghouse, the counterparties have the makes no sense at all. in it. liquidity in the margin behind their po- To begin with, derivatives are, by Is it necessary, is the question. Is it sitions to support their trades. At the definition, a bank product, so the idea necessary to make the derivatives mar- same time, the clearinghouse itself that they have to be spun out of banks ket work right in this country? Abso- must be structured in a way that it has and financial institutions is, on its lutely not. This is punitive language adequate capital. face, absurd, truly absurd, and counter- put in out of spite because there is a Where is that capital going to come productive to the whole purpose of movement in this country, and in this from? It can only come from one place. doing derivatives, which are very im- Congress, unfortunately, which I call It comes from the people who trade in portant. The Congress recognizes that. pandering popularism, which simply these instruments. They are going to In Gramm-Leach-Bliley, we called de- dislikes anything that has to do with have to put up the capital. The regu- rivatives a bank product. We under- Wall Street. lators—the SEC, the CFTC—will have stood that then. We seem to have for- I am sure they did a lot of things direct access to controlling and mak- gotten it now. wrong and they caused a lot of prob- ing sure that capital is adequate in the I have been trying to figure out what lems. But if you are going to apply the clearinghouses and making sure the is behind this type of language because problems that occurred around here clearinghouses are adequately moni- it is so destructive to our competitive- fairly, we should be looking in our own toring the contracts. ness as a nation. This is the type of mirror, at ourselves, for some of the Then as the contracts become more thing, as I said earlier, we would have problems we caused to the American standardized—and they can and they seen in Argentina in the 1950s, this al- economy, by forcing a lot of lending in will; we all accept that—they move most virulent populist attack on enti- a housing market that could not sus- over to exchanges where they are basi- ties simply because they are large and because obviously there is a populous tain it. It is penal. That is the purpose cally traded like stock. Then you have feeling against them, which ends up, by of this: punitive. In the end, it is going absolute transparency, price disclo- the way, significantly impacting Main to cut off our nose to spite our face be- sure, and you do not have the issue of Street in a negative way. Look at Ar- cause it will be our credit that con- the over-the-counter market that gentina. In 1945, I believe, or 1937, tracts, and business can be done and causes so much problem for us. That will happen. That will happen almost somewhere in that period, they were could be done in a very effective way, the seventh best economy in the world, naturally, but you could have the regu- here in the United States, overseas. the seventh most prosperous people in What should be done here? What lators stand up and say: Well, we think the world. Now they are like 54th. It is this group of derivatives is standard- should be done rather than this exer- because of this populous movement ized enough and you have to move it to cise, as the Fed has said, in causing a which has driven basically their ability ‘‘highly disruptive and costly’’ effect an exchange. We could give that power to be competitive offshore. So now we on banks and their customers, and hav- to the regulators, and that makes have this huge populous movement ing serious consequences on the com- sense. But it would happen naturally here, and I am trying to think what is petitiveness of the United States? Re- anyway as these clearinghouses be- behind it. What is the rationale here, member, we are competing in the come more effective and standardized other than just rampant pandering world. That may have escaped the at- in the products, and people become populism? A vote occurred in the Budg- tention of the Agriculture Committee more comfortable with standardized et Committee last week, of which I when they wrote this language, but we products in these areas. happen to be ranking member, which are in a world competition. Derivatives Of course, there would have to be crystallized the situation. Senator are not a unique American product. real-time disclosure to the regulators SANDERS from Vermont—whom I con- They are a world product. So these are of what the prices were, if they are sider a friend and I enjoy immensely. jobs that go overseas. This is credit OTC prices or clearinghouse prices, so He is a great guy. He has a great sense that goes overseas. This is business they know what is going on. Then it of humor, but we disagree on a lot of that goes overseas. This is Main Street would be up to the regulators to decide things. He runs as a Socialist. I run as that will be affected by this language. when that information should be dis- a conservative. Senator SANDERS of- How should it have been done? Well, closed to the markets, depending on fered an amendment which said that it should have been done in a rational how you make these markets. Some- the government—and the government, way, not in a punitive way. We know times you cannot disclose the informa- I assume, would be four or five people the derivatives market was not trans- tion immediately; otherwise, you down at Treasury or four or five people parent enough. We know there was not would not be able to make a market; down at—I don’t know where they enough capital, liquidity, margin— otherwise, you would not be able to do would be, some new offices some- whatever you want to call it—behind the contracts and, therefore, you would where—has the right to break up large the products and the counterparties not be able to do the business, which corporations. It didn’t say break up that were exchanging products in the underlies the need for the derivative. large corporations which had problems, derivatives market in the over-the- So all of that could be done. All of which had overextended themselves, counter system. We know—because we that could be done, and it does not re- which everybody agrees should happen. have AIG as example No. 1—a tremen- quire creating this entity or these se- That is what Senator WARNER was dous amount of CDs, especially, were ries of entities out there which the talking about. He has done extraor- being written with nothing behind Federal Reserve has described as im- dinary work in this area and I am sup- them except a name. pairing the ‘‘financial stability and portive of his efforts on resolution au- We can fix all that. It can be fixed in strong prudential regulation of deriva- thority, where if a big bank, a big fi- a way that almost everybody is com- tives.’’ In other words, what the Fed- nancial house or a big entity gets into fortable with by, first, making sure the eral Reserve is saying is, when you go trouble, if they overextend themselves exempted products from going on a in the direction of what is being pro- or they are essentially insolvent, they clearinghouse are only products which posed from the Agriculture Committee get broken up. There is no—the tax- have a specific commercial use and are in the area of derivatives and set up payers do not come in, in any way, customized and are narrow, and that this independent swap desk, you are shape or manner and support that enti- the people doing those products are not not making things stronger in our fi- ty. That is what the Warner-Corker large enough in their business so there nancial structure; you are making language does, and I believe the Sen- are systemic issues. Secondly, we put them weaker. You are significantly re- ator from Connecticut has tried to in- everybody else in a clearinghouse. ducing the strength of the regulatory corporate a large amount of that. That What does a clearinghouse mean? It arms that guide derivatives or oversee should be our policy. But what the essentially means there will be a third derivatives. You are also, as I men- Sanders amendment said was any- party insurer or holder of the basket of tioned earlier, creating an almost guar- thing—any financial house—could be

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2621 broken up simply because it was Remember, their customers are the are not all there. You can’t ever get deemed to be big, no matter how resil- people who work on Main Street for ‘‘all there’’ in one of these debates, be- ient or strong it is; no matter if it is a the companies that use derivatives, fore you have the opportunity to do ex- major player for our Nation in being and almost every company in this actly that, where Members have a more competitive internationally. country of any size uses a derivative to chance to be heard, to raise their ideas, Remember, when an American com- hedge their risks. Ironically, this is all a different point of view, and my friend pany goes overseas, they want to use done in the name of social justice be- from New Hampshire feels as passion- an American bank. They don’t want to cause Wall Street is bad, so we are ately as do others about their point of have to use the Credit Suisse or the going to go out and cut off our nose to view. That is the purpose of having a Bank of Singapore. They want to use spite our face. debate and an institution such as this an American bank to follow them It is incomprehensible that a nation for that debate to occur. around the world, and those banks which has become as strong and as vi- My hope would be, again, that when have to be pretty big to do that. Some brant as we have by promoting a mar- this motion to proceed occurs, though of them are quite profitable and quite ket economy would decide to go down some may share the views of my friend strong. Well, this language would have this route, which is the antipathy of a from New Hampshire or some may have said no matter how strong and profit- market economy, but that is where we an alternative view, as is certainly the able you are and how robust you are are. That is what has happened here, case in major parts of this bill as I and how much you contribute to the and that is the direction we are going. have written it along with my com- American economic system by giving It is unnecessary, by the way, as I said mittee members—that is the purpose us one level of financial services— earlier; unnecessary, because deriva- for which this institution exists, to which we need as a country, large fi- tives can be made safer and sounder by have that debate. No one Member, no nancial institutions that can support simply restructuring the transparency one committee, no handful of Members very complex, sophisticated, inter- and the manner in which they are put should even suggest that they have the national economic activity and domes- on clearinghouses, limiting the amount right to write the legislation without tic economic activity—that they would of those that are subject to exemption, the consideration of others. So there is be broken up because a group of people and pushing people toward exchanges, a difference of opinion on these mat- in Washington didn’t like them for so- to the fullest extent possible and to the ters. cial policy, social justice reasons. They extent it will work. All that can be I see my colleague from Vermont. didn’t lend enough money to some done without this type of language Mr. SANDERS. Mr. President, if my group they wanted them to lend to or which is so destructive and, as the Fed friend will yield for a few minutes, I they lent too much money to some has said, will have the exact opposite understand my friend from New Hamp- group they didn’t want money lent to. effect of what it is alleged to be doing. shire had something to say. For social justice reasons, we will go in Mr. President, I yield. Mr. DODD. What time is the vote to and break up this company, even The PRESIDING OFFICER. The Sen- occur? though it is totally solvent, strong, fis- ator from Connecticut. The PRESIDING OFFICER. At 5 p.m. cally responsible. Mr. DODD. Mr. President, I thank my Mr. DODD. The Senator from That is the policy that was proposed colleague from New Hampshire. We are Vermont better take the next 3 min- in the Budget Committee. Ten people great friends and have worked together utes. voted for that policy. Ten. Ten out of on a number of issues over the years Mr. SANDERS. Mr. President, I will the twenty-two people who voted, together. In a matter of months, both do what I can in 3 minutes. voted for that policy. Incredible. Where of us will be former Members of this in- My good friend from New Hampshire, does that stop? Where does that stop? stitution. Let me express my gratitude my colleague from across the Con- Where does this section 106 stop? Do we to him for his service over the years necticut River, apparently does not break up Walmart because they are not and his commitment to these issues. have a problem with the fact that the union? Do we break up McDonald’s be- He has focused his attention on the largest financial institutions in this cause they sell food that some people particular matter coming out of the country that we bailed out because of think makes you too fat? Do we break Agriculture Committee, of which we their recklessness, greed, and illegal up Coca-Cola because they have too are all very much aware. That proposal behavior have, since the bailout, be- much sugar in their products? Does was supported by Democrats as well as, come even larger. Three out of the four anything that is big in this country get as my colleagues know, a Republican major financial institutions, all of broken up because there is an attitude on the committee. As my colleague which were bailed out, have become that big is bad, whether it contributes from Arkansas pointed out and as I am larger. No matter what anybody tells or not? Unless you happen to be big and sure we have heard already, there was you, when one of these institutions is union, in which case you get saved, of at least an appearance of bipartisan- about to tip over and take a good part course, as the UAW was able to work ship on this bill. of the economy with them, despite the out with GM and Chrysler. The Senator from New Hampshire rhetoric today, people are going to be That is the essence of this language. raises some very important issues. bailing them out, and they are going to This language isn’t about fixing the de- There are a number of our colleagues lose millions of jobs if we don’t. rivatives market at all. You can fix the who have very strong feelings, different The reality is, we have a situation derivatives market in a most com- than those of my friend and colleague now where the top six banks in this prehensive and substantive and effec- from New Hampshire, as we know; oth- country, despite what the Senator from tive way that keeps America the best erwise, it wouldn’t have come out of New Hampshire has suggested, now place to create these types of products the committee with the vote it did, have total assets in excess of 63 percent in the most sound and safe way. You and, therefore, the subject of a debate of GDP. We are talking over $7 trillion. can do that, and I have outlined pretty in this Chamber. I should, of course, When you have six institutions with 63 specifically how you would do it, with- begin by thanking him as a member of percent of total assets compared to out this section. I will close by reading the Banking Committee for his partici- GDP, I think we have a problem, and one more time how the fair arbiter has pation involving our product in the we have a problem for two reasons. No. defined it, the Federal Reserve. This is Banking Committee. 1, we have a problem in terms of tax- such a damaging section that it cannot The issue before us in the next few payer liability and the fact that we be underestimated the damage to our minutes is whether we can have this will, once again, have to bail these be- economy were it to be approved. debate on these issues. Again, as my hemoths out. Secondly, as Teddy Roo- Section 106 would impair financial sta- colleague from Alabama has pointed sevelt told us 100-plus years ago, it is bility and strong prudential regulations of out on several occasions, we are 80 per- derivatives; would have serious consequences time to break up these guys because for the competitiveness of U.S. financial in- cent or 90 percent, whatever the num- they have incredible concentration of stitutions; and would be highly disruptive ber he wants to talk about, there in ownership over our entire economy. and costly, both for banks and their cus- terms of agreeing to a major part of It is incomprehensible to me that the tomers. what our bill proposes. Obviously, we Senator from New Hampshire can be

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2622 CONGRESSIONAL RECORD — SENATE April 26, 2010 comfortable as a conservative—doesn’t Chambliss Gregg Nelson (NE) the Senate is to try to create some like big government but apparently Coburn Hatch Reid rules, to make sure the public sees Cochran Hutchison Risch doesn’t mind huge financial institu- Collins Inhofe Roberts some transparency in these tions. Corker Isakson Sessions megabanks. Yet, for whatever reason, So I think that anyone who is not Cornyn Johanns Shelby our friends on the other side are not Crapo Kyl worried about the concentration of Snowe willing to even move this forward. DeMint LeMieux Thune Ensign Lugar ownership within our financial institu- Vitter But I also learned today, just reading Enzi McCain tions is missing an enormously impor- Voinovich some of the material we get every sin- Graham McConnell Wicker tant point, not just from too big to fail Grassley Murkowski gle minute around this place, that they but economic concentration of owner- have been working on a bill for NOT VOTING—2 ship. months. I don’t know where they have With that, I thank my friend from Bennett Bond been working on this bill because I sure Connecticut and I yield the floor. The PRESIDING OFFICER. On this as heck haven’t seen it. The public The PRESIDING OFFICER. The Sen- vote, the yeas are 57, the nays are 41. hasn’t seen it. I do know they have ator’s time has expired. Three-fifths of the Senators duly cho- been having a lot of meetings up on CLOTURE MOTION sen and sworn not having voted in the Wall Street, and maybe that is where The PRESIDING OFFICER. Pursuant affirmative, the motion is not agreed they are writing the bill. But I haven’t to rule XXII, the Chair lays before the to. seen this bill for 2, 3, 4, 5 months, what- Senate the pending cloture motion, Mr. REID. Madam President, I enter ever the timetable they claim they which the clerk will state. a motion to reconsider the vote by have been working on some legislation. The legislative clerk read as follows: which cloture was not invoked on the That is what I read today. But the pub- motion to proceed. CLOTURE MOTION lic hasn’t seen it. The American people The PRESIDING OFFICER. The mo- haven’t seen it. And we actually had a We, the undersigned Senators, in accord- tion is entered. ance with the provisions of rule XXII of the chance tonight to vote to allow us to Standing Rules of the Senate, hereby move The Senator from Alaska is recog- see it and have a debate, and they to bring to a close debate on the motion to nized. wouldn’t allow that. Mr. BEGICH. Madam President, I was proceed to Calendar No. 349, S. 3217, the Re- So I am disappointed. I am dis- not intending to speak because I was storing American Financial Stability Act of appointed that we don’t have that op- 2010. hopeful that tonight we would have a portunity. I am disappointed for the Harry Reid, Christopher J. Dodd, Byron simple vote that would move us to de- American people that we will not move L. Dorgan, Mark Udall, Roland W. bate on a bill that I think people have forward on banking and financial re- Burris, Daniel K. Inouye, Sherrod been waiting for, for a long time, and form, which is desperately needed. It is Brown, Robert P. Casey, Jr., Mark that is getting reform to our banking Begich, Patrick J. Leahy, Tom Udall, what crashed this economy, because of institutions and financial institutions. Patty Murray, Tom Harkin, Richard J. the lack of rules and the carelessness I will say for those who are watching Durbin, Frank R. Lautenberg, Ben- of so many with hard-earned dollars and listening, I am new here. I have jamin L. Cardin, Bill Nelson, Jack from working people across this coun- been here a little over a year, and I am Reed. try that they had put into banks and trying to understand all of the process. The PRESIDING OFFICER. By unan- anticipated it would be put aside and But one thing I have learned is this imous consent, the mandatory quorum protected and not put into some high- great motion called a motion to pro- call is waived. risk ventures that later on banks did ceed—a lot of people watch and see us The question is, Is it the sense of the and other megabanks did and caused vote and think, oh, the bill has gone Senate that debate on the motion to this economy to be in the position it is proceed to S. 3217, the Restoring Amer- down. This motion was a very simple mo- in today. ica’s Financial Stability Act of 2010, In Alaska, we have some great insti- shall be brought to a close? tion. It allowed us to move to the bill so we can debate. What I have heard tutions. Our credit unions and our The yeas and nays are mandatory community banks did a great job. They under the rule. over the last several weeks and lit- erally the last 48 hours is the desire for were not investing in risky ventures. The clerk will call the roll. They were not investing in risky finan- Mr. KYL. The following Senators are people to add amendments and talk about it and do all of the things we cial instruments with hard-earned dol- necessarily absent: the Senator from lars people put into those banks as in- Utah (Mr. BENNETT) and the Senator want to do and to have full debate on the floor. But because of this simple vestors or people deposited in those from Missouri (Mr. BOND). banks. The credit unions and these The PRESIDING OFFICER (Mrs. motion that the Senate requires, which I think is kind of a foolish motion— small community banks did a great SHAHEEN). Are there any other Sen- job. ators in the Chamber desiring to vote? that is my personal opinion—this mo- This is our opportunity to not con- The yeas and nays resulted—yeas 57, tion to proceed, we are not even al- tinue the status quo. It is clear to me nays 41, as follows: lowed now to debate this bill and offer amendments to this very important fi- that the other side is interested in the [Rollcall Vote No. 124 Leg.] nancial reform legislation. status quo, where billionaires became YEAS—57 So I am disappointed. I am dis- billionaires again by betting against Akaka Feinstein Merkley appointed for us as a body that we the recovery of the economy, which is Baucus Franken Mikulski amazing, to me. They bet against the Bayh Gillibrand Murray can’t move forward. Second, I think Begich Hagan Nelson (FL) my constituents in Alaska are dis- American people. They hoped they Bennet Harkin Pryor appointed that we don’t have an oppor- would be foreclosed on. Those are the Bingaman Inouye Reed tunity to debate this issue and throw rules the other side wants to continue. Boxer Johnson Rockefeller Brown (OH) Kaufman Sanders amendments on the floor to refine a Now, maybe I am living in another Burris Kerry Schumer good piece of legislation and move us world. I am betting on the American Byrd Klobuchar Shaheen forward to getting reform in our finan- people. I am betting on Alaskans, that Cantwell Kohl Specter we want to move forward, not the sta- Cardin Landrieu Stabenow cial institutions, especially these Carper Lautenberg Tester megabanks. tus quo where this economy almost Casey Leahy Udall (CO) Over the last year and a half since I crashed and burned. Conrad Levin Udall (NM) have been here—almost a year and a At the same time, we want to make Dodd Lieberman Warner Dorgan Lincoln Webb half—all I have heard about is how bad sure that banks in the future cannot be Durbin McCaskill Whitehouse this economy was a year or so ago and coming to the taxpayers and asking us Feingold Menendez Wyden what caused it was the financial insti- for a bailout because that ain’t hap- NAYS—41 tutions just kind of crashing in because pening, at least while I am here, any- Alexander Brown (MA) Bunning of the rules—or the lack of rules— more. It is outrageous that the tax- Barrasso Brownback Burr under which they operated. The goal of payers got left behind in this process.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2623 So, again, I am disappointed. It is publican amendments and Democrat markets. This is not an antibusiness amazing, as I said, that they are draft- amendments, to improve the legisla- piece of legislation. In fact, quite the ing some bill somewhere in some dark tion, and we are told we can’t do that. contrary. There are a lot of businesses room somewhere. I don’t know if it is We can have the debate on the air- out there that have been harmed ter- in the Capitol or up on Wall Street. It waves, we can have the debate all ribly by judgments that were not made is somewhat amazing to me, the people weekend long on television in front of because they were prudent business de- were complaining some time ago on the American people, but when we cisions but to make a fast buck. some legislation they said we were come back here, in theory, to do the Here we are on Monday night, after a drafting in the back room—which was people’s business, somehow we cannot weekend of people talking on television not true—and now they are doing the debate it anymore. This is the reason programs, and we can’t get done the exact same thing they complained so many people across the country American people’s business. Again, this about. The hypocrisy is unbelievable. think Washington is completely out of is not an up-or-down vote on the bill. So I was not planning to come down touch. This is just a vote so we can have a de- here and speak. I was voting like the There are people saying: Well, the re- bate on the floor of the Senate, so we rest of us, thinking we were going to covery started. Everything is OK have the opportunity to amend and im- move forward, and here we are: No bill again. And I am glad to see there are prove the bill. I am sure the bill is not to offer amendments, no bill to some signs of improvement in our perfect. In fact, I know it is not per- strengthen our financial position. economy. But for the families in Colo- fect. It has room for improvement. Same old business as usual, status quo. rado, there is still a lot of struggle I see my colleague from the Banking The rich get richer. The people who are going on, there are still of lot of people Committee from the Commonwealth of working hard every single day suffer, worried about losing their houses or Virginia is here. lost their 401(k)s or their education re- how to replace the houses they have I yield the floor. tirement accounts they set aside for lost, worried about losing their jobs or The PRESIDING OFFICER. The Sen- their kids or thought they put them in how to pay for their kids’ higher edu- ator from Virginia. a bank that was supposed to be secure, cation. Mr. WARNER. Madam President, let ended up who knows where, except in a The last period of economic growth me thank my colleague from Colorado, few people’s pockets who were working in our country’s history before we were a member of the Banking Committee, on Wall Street. pitched into the worst recession since who has been part of trying to get this So I am disappointed. I would hope the Great Depression was the first time bill right over the last 14, 15 months. our colleagues on the other side would in this Nation’s history ever, ever, that He has spent a career in the private allow us the opportunity to offer our economy grew, our gross domestic sector, as I did. I think we both can amendments to financial reform legis- product grew, but middle-class incomes read a balance sheet. We both under- lation that will, for once and for all, fell in the United States. In Colorado, stand it is the capital markets that hold these financial institutions ac- it fell by $800, while the cost of health drive the American economy. I think countable for the actions they caused insurance went up by 97 percent, the we both agree we want to keep Amer- to this country that almost put us on cost of higher education went up by 50 ica the capital of capital formation for the verge of bankruptcy. percent. the whole world. We don’t want this to Our families are recovering not just Thank you for the opportunity to migrate to London or Shanghai or else- from one recession but effectively from vent, I guess would be my view right where around the world. two recessions, and you would think now, in aggravation of what is going We also know 18 months after we the least we could do would be to put on. But, again, it is our job to hold came to the precipice of a financial some commonsense regulations in these financial institutions account- meltdown ought to be enough time to place that, had they been in place be- able for what they did to the taxpayers put rules of the road into place so we fore the last crisis, we wouldn’t have of this country. I hope our colleagues can give the market what it craves had the crisis to begin with. most, which is predictability. on the other side will see the light of Our last period of economic growth I will not go on at length. I had the day and join us to offer a debate. in this country was based on debt, too opportunity earlier when the chairman The PRESIDING OFFICER. The Sen- much debt at every level of the econ- was here, and I think, unfortunately, I ator from Colorado. omy. Mr. BENNET. Madam President, I am The consumers have too much debt. probably spoke for about 40 minutes pleased to be here with my colleague Washington has too much debt. Some going through how we got to this point from Alaska. I also was not planning to bankholding companies in New York and all the things in this bill to put come to the floor to talk about this to- that historically had 12 to 14 times these new rules of the road in place. I night because I thought the vote was debt to equity decided during that pe- will only make two or three quick going to pass. This is called a motion riod to go to 28 and 30 times. By any points. to proceed, and around here, I think standard, it is an incredibly risky One, in my 15 months here, as a new that is Senate-speak for a motion to strategy. To make matters worse, the guy, I have never seen a bill that has not get anything done. That is what way they leveraged themselves up was had more bipartisan input than this happens when we do these motions. with derivatives that no regulator was piece of legislation. I had a great col- It is particularly aggravating be- looking at, that shareholders didn’t league in Senator CORKER from Ten- cause I was back in Colorado this even understand, that bondholders nessee. We worked on the too-big-to- weekend, as I am every weekend, trav- didn’t even understand. The common- fail and the resolution piece. There are eling the State and had the chance to sense reforms that are in place in this places that can still be improved. I see the TV from time to time. You bill—because of the work of the Bank- would love to work with Senator CORK- couldn’t turn on a television station ing Committee, the work of the Agri- ER on some technical amendments to without seeing some politician from culture Committee, both committees make this better. But this was a bipar- this town on TV talking about the im- on which I serve—would have cured tisan piece of legislation. portance of getting this work done, that problem. Two, I actually think there is a great Democrats and Republicans, people Ultimately, what we are trying to do deal of agreement on both sides of the taking the time out of their weekend is put ourselves in the position of never aisle about our policy goals. I am not to say to the American people: We are having to say some financial institu- talking about the role of government actually working hard to try to correct tion is too big to fail or that the tax- or who should get covered or not cov- the problems that led us into the worst payers have to hold a gun to their head ered, the way it was with health care. recession since the Great Depression. and clean up somebody else’s greedy We all agree, no more taxpayer bail- Then we all get back to town on Mon- mistake; to make sure there is trans- outs, more transparency, that there day and we don’t get anything done. parency in the marketplace so we know ought to be some sense of fairness in We take a vote, not on the bill but a what securities are being traded. the financial system, and that con- vote that would just allow us to debate I have spent half my life in the pri- sumers ought to know the financial the bill, to amend the bill, to get Re- vate sector, a lot of it in the capital products they are using and buying, or

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2624 CONGRESSIONAL RECORD — SENATE April 26, 2010 mortgages they are making have some Sometimes that is one of the things Mrs. HAGAN. Madam President, I, basic underlying protections. I have people forget. There are parts of the too, am disappointed that my col- yet to hear any of my colleagues on the economy that have recovered faster leagues on the other side of the aisle other side disagree with those basic than others. There are parts of the have decided against even debating premises. I think we are still working economy where people are getting Wall Street reform legislation in the toward what I hope will be, as opposed hired or paid, other parts where people Senate. It has been almost 2 years to some of the disappointments that are still struggling along. The people I since our financial system stood on the have come out of this Chamber, some- saw this weekend were people who were brink of absolute catastrophe. The thing we can all be proud of and some- struggling along. They are not inter- meltdown on Wall Street has wreaked thing the American people can be ested in engaging in class warfare, as havoc on Main Street across America. proud of in that we found some com- some people say. What they are inter- Millions of Americans lost their mon ground. ested in is making sure we create a set homes, their jobs, their retirement sav- I have to acknowledge, I am not a of conditions where the game is not ings. Taxpayers were asked to fund a very good political prognosticator. I rigged and where they have some pre- massive bailout of Wall Street. assumed last week there was an 80-per- dictability in their lives as business Here we are, a full 2 years later, try- cent chance we would get a bipartisan people and as working families. ing to debate a bill that will establish bill. I still believe that. I am not sure Like my colleague, I am new. Maybe new rules of the road, create a more anybody who is listening tonight un- we don’t know exactly the way this stable financial system, and ensure the derstands procedurally why our col- place works. I hope somewhere in this American taxpayer will not be asked to leagues who share the same goals, building there are people who are com- bail out Wall Street banks again. I am those of us who have been working in ing together to figure out how we can sorry to say my colleagues today voted bipartisan teams, who have amend- create the conditions where we could to stand up for Wall Street instead of ments that will help strengthen the at least get a vote to have the con- standing up for all the people on Main bill, shouldn’t be spending tonight versation about how to get to that last Street who lost their job and their en- talking about those amendments, offer- 10 percent on this bill. tire life savings. ing those amendments, offering those Mr. WARNER. Again, one final com- They voted against the seniors who improvements, having those who dis- ment. I know the Presiding Officer is a saw their 401(k)s instantly eaten away agree debating, when there was a bipar- new Member as well. This is one of by the reckless games Wall Street was tisan product to date and will be a bi- those moments when there has been a playing with their hard-earned money. partisan end solution, I believe. The year and a half of bipartisan work that In my State, this recession, the worst American people demand, 18 months has gone on, when there seems to be a since the Great Depression, has meant after the fact, that we put these new fi- commonality of interest in what the that currently half a million North nancial rules of the road in place. goals of financial reform are. I don’t Carolinians are out of work. In many Unlike many of my colleagues, I get know about the Presiding Officer, I families, both the husband and wife are to go home to Virginia tonight. If I run don’t know about my friend from Colo- out of a job. They are worried how they into a Virginian who wants an expla- rado, but I never got the memo that will put food on the table for their fam- nation of why we are not on the bill, I said our job wasn’t actually to get stuff ilies. would not know what to tell them. My done. There were legitimate, major Democrats have been working in friend from Colorado spent the week- policy differences in the health care good faith for many months on a bill to end crisscrossing Colorado. He is ask- discussion. But in this discussion, hold Wall Street accountable for gam- ing folks to rehire him. I share he is there are things that need to be worked bling with the money of North Caro- head scratching on why we aren’t here out, but the goals we have all agreed linians and people across the country. I talking about something on which on. The bipartisan working groups know Chairman DODD has been work- there is not major policy differences. have been at it for more than a year. ing with Republicans on the Banking There is common agreement that we I implore my colleagues from the Committee for the last year and a half. need to have reform, and a lot of the other side of the aisle, I don’t know if The time has come to have this debate reform parts there is agreement on. maybe there was some procedural she- on the floor of the Senate. Wall Street Where there is not agreement, there is nanigans, that kind of back and forth. reform means ending taxpayer-funded actually more bipartisan consensus on But I hope my colleagues from the bailouts. It also means establishing the form of the amendments. other side of the aisle—I see my col- new standards for the complicated fi- I would love to hear from the Senator league actually who has great expertise nancial products that contributed to from Colorado. in the financial sector, the new Sen- this economic downturn. Mr. BENNET. Madam President, I ator from North Carolina coming in— The purpose of this bill is to ensure thank my colleague from Virginia. As some of the newer folks, whatever the the recent financial meltdown never he was talking, I was thinking about reason our colleagues on the other side happens again and that we protect sen- my work in the real world, as he has didn’t want to get to a real discussion iors who lost retirement savings and had that experience. If you were in a of the bill, I hope they can come back small business owners who got caught position where everybody wanted to later tonight, first thing tomorrow, up in the credit freeze and the count- get it done, if there was general agree- and we can move to this bill, talk less Americans who lost their job. It ment that you were 80 or 90 percent of about it, put forward those amend- means protection for consumers from the way there, the way to get it done ments. I know I will have some bipar- irresponsible banking practices and was not to not continue discussion. It tisan amendments to make the bill greater certainty for bankers. Banks wasn’t to say: Well, I am going to pick stronger. need to be able to understand what the up and fly back to Denver or fly back I know my colleagues will. At the ground rules will be so they can focus to Virginia until cooler heads prevail. end of the day, let us get the people’s on the business of banking. North It was to stay in the room and get it business done. As my friend has said, Carolina is a leader in the banking in- done. the Dow may be back north of 11,000, dustry. Both our State’s banks and I think, particularly when this isn’t but that doesn’t mean much if you banking customers will benefit from about a private sector transaction, this don’t have a job. One of the ways we responsible financial reforms. is about the American people’s busi- can guarantee the financial markets The proposed legislation also creates ness, the people who have hired every- will continue to have the capital to an office of financial literacy that will body here to do this job, it is a shame make the loans, to make the invest- develop initiatives intended to educate that we should not be out here tonight ments, to create that next wave of jobs and empower consumers to make in- in a bipartisan way figuring out how to is to make sure we have in place finan- formed financial decisions. Our stu- cross the t’s and dot the i’s and put a cial rules of the road. dents today need the tools to under- framework in place that would have I thank the Chair and yield the floor. stand financial products and how to prevented the catastrophe our families The PRESIDING OFFICER. The Sen- manage debt, including mortgages, stu- are now continuing to live through. ator from North Carolina. dent loans, and credit cards.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2625 I hope my colleagues will listen to not charge more than 15-percent inter- Teddy Roosevelt, a good Republican, the American people on this issue. It is est rates, except under exceptional cir- over 100 years ago started breaking up imperative we pass commonsense Wall cumstances. If it is good for credit large financial institutions, large cor- Street reform so American taxpayers unions, it is good, in my view, for Wall porations. What we are talking about will never again have to shoulder the Street and large financial institutions. now is a handful of corporations, of fi- cost of a financial crisis. Second of all, I think there is great nancial institutions that play a very Madam President, I yield my time. skepticism about the role of the Fed negative role in creating a stranglehold The PRESIDING OFFICER. The Sen- and the lack of transparency that ex- and a lack of competition in our entire ator from Vermont. ists in the Federal Reserve. About a economy. I intend to be strongly sup- Mr. SANDERS. Madam President, I year ago, Chairman Bernanke came be- porting the amendment brought forth am disappointed but not surprised that fore the Budget Committee on which I by Senator BROWN and Senator KAUF- our Republican colleagues have chosen serve and I asked him a pretty simple MAN. I think it is moving exactly in the not to go forward in terms of financial question. I said: Mr. Chairman, you right direction. reform because we should be very clear have lent out trillions—underline ‘‘tril- So I am disappointed but not sur- that when we do financial Wall Street lions’’—of dollars in zero or near-zero prised that the Republicans have not reform, we are taking on not only the interest loans to the largest financial chosen to go forward on Wall Street re- most powerful people in the United institutions in America. Could you form. I hope they will reconsider that. States of America but some of the please tell me and the American people When we do go forward, I hope we lis- most powerful people in the world— who received those trillions of dollars ten to the American people, we take se- people of endless resources. in loans? rious action, and we start the process I do not think that was a terribly un- When Congress deregulated Wall of standing up to some of the most fair question to ask. Mr. Bernanke Street, against my vote, Wall Street powerful people not only in this coun- said: No, I am not going to tell you. He and their allies, over a 10-year period, try but in the world. gave me his reasons why. I disagreed. spent $5 billion fighting for deregula- With that, Madam President, I yield The American people have a right to tion so they could be in a position to the floor. know who received those loans. The do anything they wanted, which was, of The PRESIDING OFFICER. The Sen- American people have a right to know course, what brought us the terrible re- ator from Ohio. cession we are currently in. Last year whether some of those large financial Mr. BROWN of Ohio. Madam Presi- alone, in 2009, the financial interests institutions took those zero-percent in- dent, I appreciate the words from the terest loans and then went out and spent $300 million in lobbying, cam- Senator from Vermont and his support bought government bonds, T bonds, at paign contributions, in order to fight of the Brown-Kaufman amendment and 3-percent interest, which, if true—as I finance and Wall Street reform. So I his work on real Wall Street reform. am not surprised that at this point our suspect it is—is a huge scam, a huge Two years ago, as we know, we were scam. So we need transparency in the Republican friends have not chosen to on the verge of another Great Depres- Fed, and I am going to bring an amend- go forward. I hope they change their sion. Wall Street had gorged itself on ment to the floor to do that. greed and junk debt. Markets panicked mind, and I hope they know back home The third point I want to make is, in, the American people are profoundly I believe, November of 2009 I introduced and chaos and hardship threatened disgusted at the behavior of Wall legislation—three pages—very simple Main Street. At the request of the Street, and they want to make sure we legislation, which called for breaking Bush administration, we acted swiftly, never again will be placed in the posi- up large financial institutions. As this we acted bipartisanly, to pull ourselves tion of having to bail out people who, bill proceeds, my colleagues Senator back from the brink of economic col- through their greed and recklessness, lapse. We saved the banks temporarily, BROWN and Senator KAUFMAN are going have brought suffering to tens and tens to be offering a bill along those lines, as we should have, but Wall Street of millions of Americans. which basically says if an institution is recklessness, aided and abetted by lax As we proceed—and I believe we will so large that its collapse will bring sys- regulation and deregulation and ap- proceed—to Wall Street reform, it is temic damage to the entire economy, pointments by the Bush administration also important we not just pass some- we have to start breaking up those in- of people far too friendly to Wall thing for the sake of a press release but stitutions—break them up. If a finan- Street, had done its damage. Wall we do something substantive. There cial institution is too big to fail, in my Street’s greed led to more than 7 mil- are a lot of issues out there. I know view, it is too big to exist. lion Americans losing their jobs. Senator DODD has brought forth a bill The issue here is not just the liabil- Go to Mansfield or Lima or Sandusky with 1,600 pages in it. There are dozens ity, the potential liability for the tax- or Cleveland or Zanesville and see the and dozens and dozens of important payers of this country if a large finan- damage it did to American manufac- issues. I want to touch on simply three cial institution collapses and we have turing. Wall Street’s excess and ramp- that I believe are essential if we are to bail them out, it is also an economic ant speculation caused nearly 6 million going to be serious—underline ‘‘seri- issue. Are we comfortable when, ac- home foreclosures. Go to neighbor- ous’’—about Wall Street reform. cording to Simon Johnson, the former hoods in Over-the-Rhine in Cincinnati Issue No. 1. I receive calls every week chief economist of the IMF, ‘‘as a re- or go to neighborhoods on the west side from Vermonters—and I suspect the sult of the crisis and various govern- of Cleveland or go to neighborhoods in Presiding Officer does from people in ment rescue efforts, the largest six north Columbus and see the damage New Hampshire—who are disgusted by banks in our economy now have total Wall Street excess and rampant specu- having to pay 25-, 30-, 35-percent inter- assets in excess of 63 percent of GDP. lation caused to homes and families in est rates on their credit cards. In my . . . This is a significant increase from my State. view, usury is immoral. If you look at even 2006. . . .’’ Here we are 2 years later and Wall Christianity or Judaism or Islam or I find it quite interesting the senior Street is continuing to risk Main any of the major religions, they make Senator from New Hampshire was on Street jobs, Main Street pensions, and the point that charging outrageous in- the floor a little while ago attacking Main Street homes on get-rich-quick terest rates to desperate people is im- me because in the Budget Committee I schemes. Here we are 2 years later in moral. brought up a resolution which lost 12 reach of legislation designed to put an We finally have to end usury in the to 10 to begin to break up these large end to the recklessness, and Wall United States. We have to put a cap on financial institutions. I get a little bit Street and Senate Republicans—and the interest rates that financial insti- tired of our conservative friends who sometimes it is hard to tell the dif- tutions can charge when they issue say: Oh, the government cannot do ference—are delaying and hoping to credit cards. The amendment I will be anything. We hate big government. But kill any such reforms. We cannot afford bringing before the floor is similar to apparently they do not hate large fi- to let this be delayed any further. Bear what has existed for several decades nancial institutions, six of which have Stearns collapsed 2 years ago. now for credit unions. Credit unions assets equivalent to over 60 percent of Senator DODD, after careful thought, today are doing just fine, but they can- the GDP of this country. put out a working draft of legislation

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2626 CONGRESSIONAL RECORD — SENATE April 26, 2010 the following November. There was a ing Americans, of hard-working mid- quest the presence of absent Senators, big hue and cry over that draft—many dle-class Ohioans. I wish Republican and I ask for the yeas and nays. said it was too tough on Wall Street— Senators could vote to do the right The PRESIDING OFFICER. Is there a but Chairman DODD continued working thing instead of simply following the sufficient second? There is a sufficient on the draft, talking to Republicans political calculus that the minority second. and Democrats on the Banking Com- leader and the rest of the Republican The question is on agreeing to the mittee and throughout the Senate. He leadership wants. It certainly is not motion. put together bipartisan working the will of the American people. The clerk will call the roll. groups, including Senators CORKER and Just today, a Washington Post/ABC The assistant legislative clerk called WARNER, Senators GREGG and REED, News poll release said 65 percent of the roll. Senators DODD and SHELBY, and Sen- Americans favor ‘‘stricter federal regu- Mr. DURBIN. I announce that the ators CRAPO and SCHUMER—a Repub- lations on the way banks and other fi- Senator from Indiana (Mr. BAYH), the lican and a Democrat in each negoti- nancial institutions conduct their busi- Senator from West Virginia (Mr. ating team. ness.’’ BYRD), the Senator from Delaware (Mr. So we have been working on this It certainly is not following the expe- CARPER), the Senator from South Da- since the start of the financial crisis. It riences of people in Ohio and across the kota (Mr. JOHNSON), the Senator from has been months since Senator DODD country who have lost jobs and lost Wisconsin (Mr. KOHL), the Senator first put his legislation out for the much of their wealth because of Wall from Louisiana (Ms. LANDRIEU), the public’s review. But here we are to- Street greed and excess. It is not fol- Senator from Connecticut (Mr. night—requesting a simple up-or-down lowing the experiences of small busi- LIEBERMAN), the Senator from Mary- vote so we can start debate—and the ness owners across the Nation. land (Ms. MIKULSKI), the Senator from entire Senate Republican caucus said I have talked to small business own- West Virginia (Mr. ROCKEFELLER), and no. ers in Dayton and Springfield and the Senator from Virginia (Mr. WEBB), They are filibustering. They are de- Zanesville and Cambridge and Steuben- are necessarily absent. laying. I think they are trying to de- ville and Findlay who simply cannot Mr. KYL. The following Senators are stroy this bill. All we are trying to do get credit. They cannot understand, necessarily absent: the Senator from tonight is—not pass legislation; we with the money Wall Street has been Utah (Mr. BENNETT), the Senator from know we are not ready to do that yet— rewarded with, if you will—or they Missouri (Mr. BOND), the Senator from all we are trying to do is move the bill were bailed out with—that they still Nevada (Mr. ENSIGN), the Senator from forward so any Senator, whether it is a cannot get the kind of credit they need Nebraska (Mr. JOHANNS), the Senator Republican colleague or a Democratic to make their businesses a success. from Arizona (Mr. KYL), the Senator colleague, can offer an amendment. This legislation would make finan- from Alaska (Ms. MURKOWSKI), the Sen- There are good amendments out there cial institutions, not American tax- ator from Kansas (Mr. ROBERTS), the that can make a strong bill even payers, pay for their mistakes. We Senator from Ohio (Mr. VOINOVICH), stronger. can’t predict the next economic dis- and the Senator from Mississippi (Mr. There is an amendment going to be aster, but if we protect consumers and WICKER). offered by Senator CORKER. He and I investors, we can probably prevent it. The PRESIDING OFFICER (Mr. talked about this on our Sunday morn- Wall Street reform could provide the MERKLEY). Are there any other Sen- ing show this week—just yesterday—an strongest consumer protections for ators in the Chamber desiring to vote? amendment on clawing back executive Ohioans. No more of the tricks and the The result was announced—yeas 50, compensation that he has been work- traps in the mortgage market and else- nays 31, as follows: ing on that seems to make sense. where that led to the near collapse of [Rollcall Vote No. 125 Leg.] There is an amendment Senator our economy. YEAS—50 KAUFMAN and I have been working on Wall Street banks wrecked our econ- to put size limits on banks and end the Akaka Feinstein Nelson (NE) omy, got a taxpayer-funded bailout, Baucus Franken Nelson (FL) days of banks that are too big to fail. and are profiting again, while working Begich Gillibrand Pryor If banks are too big to fail, those banks Americans continue to suffer. We can’t Bennet Hagan Reed Bingaman Harkin Reid simply are too big. sit by any longer and continue to do I would add, 15 years ago, the com- Boxer Inouye Sanders nothing. We need to move now. No Brown (MA) Kaufman bined assets of the six largest banks in Schumer more meltdowns. No more bailouts. No Brown (OH) Kerry Shaheen Burris Klobuchar America were 17 percent of GDP. The Specter more cutting backroom deals to pre- Cantwell Lautenberg combined assets of the six largest Stabenow vent reform. Cardin Leahy Tester banks in America today are 63 percent Casey Levin In order for us to get there, we need Udall (CO) of GDP. to move this bill forward. We need our Conrad Lincoln There are other amendments that Dodd McCaskill Udall (NM) Republican colleagues to say yes—not Warner can finally hold Wall Street account- Dorgan Menendez vote for the bill but just say yes to Durbin Merkley Whitehouse able for its own mistakes offered by Feingold Murray Wyden some Republicans and some Demo- move the bill forward so we can actu- crats. We just want to move forward so ally have debate on the bill. We need to NAYS—31 those amendments can be considered. bring this bill out into the public light Alexander Crapo Lugar So it is unfortunate when Senate Re- so the American people know who is Barrasso DeMint McCain fighting on their side. Brownback Enzi McConnell publican leadership—and I know there Bunning Graham Risch are Republicans who want to work with I yield the floor. Burr Grassley Mr. REID. Madam President, I note Sessions us, but when Senate Republican leader- Chambliss Gregg Shelby the absence of a quorum. Coburn Hatch ship pulls their colleagues back from Snowe The PRESIDING OFFICER. The Cochran Hutchison Thune doing the right thing. We saw the same Collins Inhofe clerk will call the roll. Vitter tactic with the health insurance de- Corker Isakson The legislative clerk called the roll, Cornyn LeMieux bate—delay and delay—only to find ob- and the following Senators entered the NOT VOTING—19 struction at the end. We know if they Chamber and answered to their names: can delay and delay, as officials in the Bayh Johnson Roberts [Quorum No. 2 Leg.] American bank associations have said, Bennett Kohl Rockefeller that is the best way to kill this legisla- Brown (OH) Kaufman Menendez Bond Kyl Voinovich Burris Klobuchar Reid Byrd Landrieu Webb tion and to get their way—if they can Cardin Lincoln Schumer Carper Lieberman Wicker delay this for months and months and Dorgan McCain Shaheen Ensign Mikulski months. We saw those same delaying Durbin McCaskill Johanns Murkowski tactics with essential programs such as The PRESIDING OFFICER. A The motion was agreed to. unemployment insurance and COBRA. quorum is not present. The PRESIDING OFFICER. A This is not a time to play games with Mr. REID. Madam President, I move quorum is present. the financial well-being of hard-work- to instruct the Sergeant at Arms to re- The Senator from New Jersey.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2627 Mr. MENENDEZ. Mr. President, what form but do Wall Street’s bidding. Our Republican colleagues seem to is the status of the business before the They hired a political consultant to want the free-for-all system to remain Senate? tell them which words to use and came exactly as it is: same lack of rules, The PRESIDING OFFICER. The mo- up with: The American people do not same lack of oversight, same tion to proceed to S. 3217. like taxpayer bailouts. All you have to megaprofits for the large Wall Street Mr. MENENDEZ. Mr. President, I say about this real effort for reform is banks. I ask, at whose expense, at what wish to talk about the vote we had just that it is a taxpayer bailout, and they cost to American families, at what risk a few minutes ago, a vote that was a will hate it. to the very foundation of our economic victory for Wall Street but not a vic- The only problem is, the facts do not system? tory for the American taxpayer. We fit their rhetoric. The bill we would If our colleagues are serious about hear our Republican colleagues pro- have gone on to debate, in fact, ends ending taxpayer bailouts, then they claim they are for Wall Street reform, taxpayer bailouts by reining in the ex- should favor making banks pay for that they are on the reform band- cesses of Wall Street, and that is ex- their reckless behavior. Instead, they wagon, but then they seem to pull the actly why Wall Street is working so come to the floor one after another in emergency brake. They say they are on hard with the other side to defeat it. an attempt to gut it. What they op- the reform bandwagon, and yet when They play the fear card, as they always pose, what they are once again saying they have a chance to move forward have. Then they try to distance them- no to is asking the Wall Street firms to and simply to debate the process, they selves from that consultant, but not pay to insure against their own failure. pull the emergency brake. before they march in lockstep to the We should also remember today, The approach our colleagues on the microphones and tell Americans this is after this vote, as we look back at 8 other side of the aisle have taken on a bailout bill, it will cost taxpayers bil- years of an administration that nodded Wall Street reform symbolizes Amer- lions and lead to more and bigger bail- and winked and turned a blind eye to ica’s worst fears about how the power- outs, that it is another government in- Wall Street’s schemes, that history has ful operate. They held a closed-door trusion into their lives. a way of repeating itself. Let’s not for- strategy session with Wall Street ex- Fear is a powerful force, and in the get the reckless behavior of the big ecutives that, from published reports, short term sometimes fear is far more banks and other entities and lenders included solicitations for their cam- powerful than the truth. But in the and Wall Street speculators that sent paign committee. Then they marched long term, it simply is not true. Maybe the economy into a near depression into this Chamber with a script, a Wall that is why truth has been the first last year has a historic precedent, as Street playbook written by the Na- casualty of every argument we have do the muscular safeguards and regula- tion’s most significant Republican po- heard from the other side, whether on tions that we must implement this litical consultant. Rather than debat- the Recovery Act, on putting people to year to protect consumers so it never ing what was in the bill, they went to work, on making health care more af- happens again. That precedent was the the Wall Street playbook. They waved fordable, on extending unemployment Great Depression. It came after a pe- the flag. They proclaimed their patri- insurance for those who are struggling, riod of Republican Presidents—Har- otic intention to protect Americans and now on reining in those who ding, Coolidge, Hoover—who sided with from those who took us to the brink of brought us to the edge of economic free-wheeling companies to overcome economic disaster. But then they ruin after 8 years of lax regulatory commonsense regulations. We had no played the fear card and they talked policies that let Wall Street run wild. choice but to clean up the mess with a about bailouts and told Americans Now that the fear card does not seem period of sustained, robust regulations they would pay. to be working, suddenly our friends implemented by another Democratic Americans realize our Wall Street re- stand in front of the microphones and administration at that time. form is actually what, in essence, has claim to be in favor of reform. Yet at Once again, the time has come after to be done to end taxpayer bailouts, the end of it all they could have cast a the economic damage has been done to that opponents are just playing fast vote to let us begin to work together put in place a series of robust reforms and loose with the facts to protect the on the process. But they continue to and safeguards so it never happens big banks instead of taxpayers. Our confer with Wall Street and tell their again. Once again, just as they did colleagues on the other side claim to members once again, as they have on after the Great Depression, our Repub- embrace Wall Street reform in front of every major piece of reform legislation lican colleagues are saying, no, leave the cameras, while behind the scene, that has come before this Chamber, to things as they are. There is no need for behind closed doors they continue to stand in lockstep and vote no—a ‘‘no’’ Wall Street reforms. Let the market strategize with Wall Street about how vote against even starting the debate. take care of itself. They want to say no to kill this legislation. I say to my colleagues today, blindly to the lessons of history. We need to I am sure families in my State and following your consultant did not work say yes to commonsense reforms; yes across the country who are hurting, out so well, and neither will blindly to sensible oversight and regulations; who lost their jobs, their health care, following an obstructionist strategy yes to protecting the jobs, homes, and lost their homes because of the reck- work out very well either. The Amer- retirement savings of families who less excesses of Wall Street profiteers ican people have figured out the trick. have been playing by the rules; yes to driven by profits at any cost, the value You cannot talk like a gladiator and protecting them from more reckless fi- of their property has plummeted, their put on the show for the taxpayers and nancial gambling and creative deriva- 401(k)s have been decimated, their hope then be a mouthpiece for Wall Street. tive schemes; yes to guaranteeing tax- for a decent retirement that they had Doing nothing and calling it leader- payers will never be on the hook the worked for is largely gone at this ship is not an answer. Saying no once next time risky corporate decisions point, American taxpayers want ac- again and keeping the status quo is not force a too-big-to-fail company into countability, not trickery. They want an option. Saying no to sensible Wall bankruptcy. all of us in this Chamber to stand up Street reform is a sure-fire way to wind We cannot have a system where big for them and mean it, not stand up for up right back in the same mess we just Wall Street banks and others take Wall Street and try to find a clever got out of recently. Saying no is the huge gambles knowing they can keep way to make it look like they are for surest recipe for more taxpayer bail- the gains if they win but we as a coun- Main Street. outs. try will pay the costs if they lose. That We need only to look at the actions The bottom line is, we as Democrats is playing Russian roulette with our of those on the other side over the past are here to say yes to commonsense re- economy. When that happens, the vic- 2 weeks to see the other story. They form so that Wall Street excesses will tims are hard-working families who did huddle with Wall Street. They never take us to the brink of economic everything right. They played by the strategize about how to protect Wall ruin again, yes to a free market. But rules. Wall Street did not. And they ex- Street, but they make it sound like there is a difference between a free pect us to make it right. They worked they are protecting Main Street. It is a market and a free-for-all market. What as hard as they could at every job they game of mirrors: appear to stand for re- we have had is a free-for-all market. had and earned all their lives to buy a

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2628 CONGRESSIONAL RECORD — SENATE April 26, 2010 home and raise their families, send Last week, I came to the floor with Nearly 3 years after our financial their kids to college, and maybe, just some of my colleagues to talk about system began to melt down, America maybe, put something away for a de- another delay—a delay of nominations. continues to suffer the effects of the cent, safe, comfortable retirement. These are nominees who have been worst economic crisis since the Great Now they sit at the kitchen table at voted out of committee, sometimes Depression. Millions of Americans have night asking heartrending questions: with unanimous support, but are now lost their jobs, homes, retirements, and Can we afford the mortgage this waiting months for a full vote on the savings. Although some key indicators month? Can we keep our health insur- Senate floor. During this same time- are beginning to move in the right di- ance? How do we pay our credit card frame in the Bush administration, five rection, I can tell you, having been bills? Will we keep our jobs? Will we nominees were outstanding. Yet the home this last weekend, many families lose our home? Can we ever retire? same time during the Obama adminis- are still struggling, and the economic These are the families who needed a tration over 100 nominees are out- damage is slow to reverse itself on ‘‘yes’’ vote a little while ago. They standing. So if there is anyone who Main Street. need our protection. They did not de- doesn’t believe us about this delay and Meanwhile, on Wall Street, the larg- serve what happened to them. We have what is going on, look at those num- est firms handed out record bonuses to- a chance to make things right so it will bers and look at what is happening taling nearly $146 billion, an 18-percent never happen again. The Senate needs with this reform. increase from 2008. What do we have at to take up Wall Street reform. It is ironic we are talking about put- home? U.S. per capita income declined The choice is simple: Do we stand for ting rules in place to prevent Wall 2.6 percent. Boiled down to its essen- a banking system that is fair, trans- Street from gaming the system, when tials, the financial crisis was about parent, and honest or do we stand for a we have plenty of Senators who are risk. Everyone thought they could banking system that takes advantage gaming the system right here. But manage but, instead, things got wildly of consumers, one in which speculation there is a problem with that. The out of control. Three years later—and I runs wild and puts the entire economy American people aren’t a game of think it is hard for people to believe at constant risk? Do we stand on the chance. They don’t want the dice rolled this—we can’t seem to even get past a side of working families who played by over their futures. They don’t want the debate tonight about actually getting the rules, or do we stand on the side of dice rolled over their family homes. the bill on the floor. Three years later Wall Street and big banks? Not the They want us to get this done. Wall Street is still operating by the Look at what has happened with this community banks because they are not same old rules. That is why it is so im- filibuster, again stopping us from going the ones who got us into this but those portant we begin this debate. to debate. In the entire 19th century, There may be some of my colleagues large institutions that have gotten far including the struggle and the debate who think all Wall Street needs is fix- too comfortable writing their own about slavery, fewer than two dozen ing a few potholes. Well, that has been rules. filibusters were mounted. Between 1933 tried before and it certainly didn’t In my view, the choice is clear. It is and the coming of the war, it was at- work. I think what we need are some time for the Senate to step to the plate tempted only twice. Under Eisenhower stop signs at some intersections and on behalf of working families. It is and JFK, the pattern continued. In 8 some very good traffic cops. There is a time for reform. It is time to end too years of the Eisenhower administra- lot more to the modern financial sys- big to fail. It is time to rein in the tion, only two filibusters were mount- tem, as we all learned, than meets the bulls. It is time to protect hard-work- ed. Under Kennedy, there were four. eye. We need transparency and ac- ing taxpayers. It is time to simply But now we see this tactic being em- countability. That is in this bill. We move forward and take up the debate. ployed over and over. This year alone, need an early warning system for too I hope the majority leader will bring since January, we have had over 50 fili- big to fail. That is in the bill. us to another vote so that we can, in busters. We need derivatives reform, and I am fact, get to that moment in which we I can tell you I believe, in the end, we not talking about the good work busi- can move forward and have the debate are going to get this done. I believe, in nesses do to weather an economic and have the amendments and ulti- the end, we will have Republican votes storm when they hedge their bets with- mately know who stands for the tax- for this bill because I know there are in their businesses. I am talking about payer and who stands for Wall Street. I some colleagues on that side of the the wildly out-of-control, over-the- hope there will be enough votes here to aisle who want to get this bill done and counter derivative trails when finan- make sure this institution of the peo- who have been working to get it done. cial institutions were trading things ple, by the people, and for the people is But the reasons I heard raised today they didn’t even understand and cre- going to put them first. for holding up debate do not ring true. ating the big mess we are in. With that, I yield the floor. First off, advancing the idea that Reform legislation must include, and The PRESIDING OFFICER. The Sen- this bill isn’t already a bipartisan prod- this legislation does include, provisions ator from Minnesota. uct would be a slight to all those who to look out for the best interests of Ms. KLOBUCHAR. Mr. President, I have worked on it. I see Senator DODD consumers by educating them about rise to express my disappointment that over here, who worked for months and their financial choices, ensuring that we were unable to reach an agreement months and months to craft a bipar- they have access to less risky products today to begin debate on reforming tisan bill. The bill we have before us is and protecting them from abusive sales Wall Street. As my colleague from New the product of countless hours of nego- practices, including from nonbank Jersey, Senator MENENDEZ, so elo- tiation between Members on both sides lenders. When we look back at what quently put it, this is not the time to of the aisle and incorporates many of happened the last few years, it is like say no. This is the time to move for- the agreements that were reached. Wall Street was driving down the ward and get something done. If anyone thinks there is a more im- street in their Ferrari and the govern- Someone referred to the Senate the portant issue to have before the Sen- ment was following behind in a Model other day as dysfunction junction. It ate, that there is some reason we T Ford. That has to stop. was a nice little rhyme, and I can tell shouldn’t be debating this, I don’t When we look at the history of this you it is incidents such as the one we think they have been talking to the country, when we have been confronted saw tonight, where our friends on the people back home. The people under- by major challenges, we always rose to other side of the aisle will not even stand that while Wall Street maybe got those challenges. When Hitler was run- allow debate to start, that leads to a cold and has bounced back and is ning across Europe and Pearl Harbor that sad name. We are ready to move doing well, Main Street has pneu- happened, our country didn’t just say away from the station. There are those monia. Small businesses today are still no. We rose to the challenge, and the of us who have been out talking to our starved for credit. The small banks, greatest generation won that war. constituents, and we know the train which Senator MENENDEZ pointed out When the Russians were going to put a has to leave the junction. The train has had nothing to do with starting this man on the Moon, we didn’t just say: to move ahead, and we need to move crisis, are also suffering. That is what Oh, go ahead. We are not going to get ahead with this Wall Street reform. is happening in this country today. involved.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2629 CLOTURE MOTION then you can filibuster on the bill and port the committee system. I think Mr. REID. Mr. President, I send a then filibuster on cloture and all these they are wonderful. I think negotia- cloture motion to the desk. words mean nothing to most Ameri- tions are great. I think the bipartisan The PRESIDING OFFICER. The clo- cans. negotiations that have been going on— ture motion having been presented I am all for filibusters. I think it is and I know they are going on because I under rule XXII, the Chair directs the important to maintain the rights of po- have seen them on the floor. I have clerk to read the motion. litical minorities, and that is the way seen there are about 10 or 12 members The legislative clerk read as follows: to do it. I say to my colleagues who are from the Banking Committee who are CLOTURE MOTION here and who want to change the fili- working. We, the undersigned Senators, in accord- buster rule, spend a year in the minor- Chairman DODD, in the beginning, set ance with the provisions of rule XXII of the ity or 2 years in the minority and then this up and he delegated it down so Standing Rules of the Senate, hereby move come to me and tell me you want to Senator WARNER and Senator CORKER to bring to a close debate on the motion to change the filibuster rule. What people were working together. He had a Re- proceed to Calendar No. 349, S. 3217, the Re- don’t realize—those who want to publican and a Democrat working on storing American Financial Stability Act of change the filibuster rule—is that each of these things. They are still 2010. when one side or the other gets out too working, as we talk now. But it is time Harry Reid, Christopher J. Dodd, Blanche L. Lincoln, Sheldon far, then the American people notice for that to stop. It is time for us to get Whitehouse, Jeff Bingaman, Bernard what goes on and they come in and out in the open and be a Senate. It is Sanders, Russell D. Feingold, Kay R. they fix it. time for us to debate these issues in Hagan, Tom Udall, Robert P. Casey, I am convinced that is what is going the open. It is time for the Republican Jr., Jon Tester, Charles E. Schumer, to happen today. I think the American Party to decide if they want to do Jeff Merkley, Byron L. Dorgan, Mark people have figured out what it is my something about Wall Street reform. I R. Warner, Jack Reed, Roland W. friends on the other side are doing. hope they are listening. In my opinion, Burris. They are my friends. We just have a we should stay and discuss it until we Mr. REID. Mr. President, I express different point of view. Everywhere I are ready to go. We are going to dis- my appreciation to the Senator from go in this country, people are con- agree. Minnesota for allowing my interrup- cerned about what happened—every- One of the big things I am in favor of tion. where. They are concerned because is returning to Glass-Steagall. When The PRESIDING OFFICER. The Sen- they have so many friends and rela- we voted on that in 1999, Senator DOR- ator from Minnesota retains the floor. tions who lost jobs and other friends GAN voted against it and Senator SHEL- Ms. KLOBUCHAR. As I was saying, and relations who have lost their BY voted against it. These are not Mr. President, this country has done houses and they say: What are you issues that are Republican or Demo- well not by saying no but by saying yes going to do about it? What are you in cratic issues, in my opinion. I have and by moving ahead and getting Washington going to do about it? Don’t talked to my colleagues on the other things done. We can’t let this continue. you get it? Don’t you understand what side about some of the amendments I We have to put these rules in place. is happening here? You are not going am offering, and they say they are in- Some of our colleagues on the other to do anything about this? terested in them. I don’t see this as side of the aisle are, in good faith, ne- I have watched Senator DODD work being a partisan fight. I think it looks gotiating; others are not. The Amer- for hours and days and months—and, like a fight to get political advantage. ican people will not allow this games- frankly, years—to try to put together a I am very hesitant to bring that for- manship to continue. The game is over. bill so we can vote on what will be a bi- ward, but that is what it looks like to Let’s debate. Let’s get some amend- partisan bill. I have been hanging out me. It looks like they do not want to ments. There are changes we can make at this place or teaching about it for 37 vote, period. I know that is not true for to the bill, changes I support. But the years, and I have never seen anyone certain Members on the other side. I only way we are going to get this done work any harder to try to get a bipar- know they wish to talk about these is by getting this bill on the floor and tisan bill. Frankly, Mr. Chairman, I issues. allowing for debate. The American peo- got a little frustrated because it took So I wish to say to the American peo- ple deserve nothing less. so long. But Chairman DODD did the ple tonight, it is time to contact your I yield the floor. right thing because I think he knew, at Senator and say: Let’s bring financial The PRESIDING OFFICER. The Sen- some point, if we didn’t get agreement, regulatory reform to the floor. Let’s ator from Delaware. we would be here and we would be faced debate the issues on it. Let’s get to the Mr. KAUFMAN. Mr. President, I first with charges that this was a partisan amendments and let’s pass it so mil- came to this place in 1973, working for bill. This is not a partisan bill. lions of Americans who have lost their then-Senator BIDEN, and one of the As you know, Mr. President, you and jobs and their homes know we in the things you learn around here, after you I have differences with this bill. The Senate have done everything we can to have been here a while, is the Amer- Presiding Officer and Senator LEVIN make sure this never happens again. ican people don’t care about procedure. have an amendment to offer, which I I yield the floor. That is one of those things they don’t am a cosponsor of, to change the bill. I The PRESIDING OFFICER. The Sen- care about—procedure. It is all too have an amendment with Senator ator from New Hampshire. complicated. I don’t blame them. Half SHERROD BROWN of Ohio to make some Mrs. SHAHEEN. Mr. President, I am the time, I don’t know what the proce- changes to the bill. Senator CANTWELL here tonight to join my colleagues be- dure is. Procedure doesn’t work. and Senator MCCAIN have an amend- cause, like them, I am deeply dis- But during those 37-some years, ment that I am a cosponsor of. There appointed that 41 Republican Senators every once in a while something comes are three amendments already that I tonight voted to stop us from even be- along where procedure matters. Our am in favor of to change this bill. I ginning to debate on legislation to rein friends on the other side of the aisle have heard Chairman DODD say time in the reckless and risky Wall Street have had a field day on procedure for and again, this is not the perfect bill. conduct that brought this economy to the past 15 months I have been here, This is a bipartisan bill. We have put a its knees. Rather than make the case and they count on the fact that nobody lot of effort into it. But he has wel- out in the open on the floor of the Sen- in America cares about procedure. So comed the opportunity for people to ate for the changes they want to the what they have done is, time and come forward and offer amendments. Wall Street reform bill, these 41 Sen- again, they have filibustered motions I don’t get it, how you can say you ators who voted to block debate are, to proceed. That is hard to explain to don’t agree with a bill, but you will not instead, saying they want changes someone out in America. let anything happen on it and on an worked out behind closed doors. They What is a filibuster on a motion to issue such as this—an issue that is so are actually saying they will prevent proceed? That is hard to figure out. So important to the American people. It is debate and hold this Wall Street re- you can get away with that. You can so important that we get it right. It is form bill hostage until they are accom- filibuster on a motion to proceed and time. Committees are great, and I sup- modated behind closed doors.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2630 CONGRESSIONAL RECORD — SENATE April 26, 2010 We heard Senator KAUFMAN say there Sachs, Wall Street bankers packaged vented Goldman Sachs and other com- are amendments he wants to the bill. bad mortgages and sold them to inves- panies from getting into this mess in There are amendments I wish to see in tors. They knew these investment vehi- the first place and it can help ensure the bill. For example, I think we need cles would inevitably fail so they that we will never end up in this posi- to strengthen the provisions in the bill turned around and bet against them. tion again. to prevent financial institutions that They bet against the American people. I hope so, but we don’t know what are supposed to be helping American That is what they did when they put will come up. I heard Senator WARNER companies finance their growth plans— these packages together. They sought on the floor today. Senator WARNER that are supposed to be helping fami- to make a profit off the misfortunes of was saying he might not know what lies save for their retirement, that are their own customers. will happen and probably won’t. But I supposed to be helping families save for Tonight we stand at the brink of a hope when we get this legislation to de- their kids’ college education—to pre- real debate on this topic, but our Re- bate—the legislation we are debating vent those institutions from making publican colleagues will not even agree to debate—it will never happen again. risky side bets for their own profit. But to let us move forward. We have to de- But first we need to agree to debate the rather than block the Senate from tak- bate whether we are going to debate. bill on the floor. ing up the Wall Street reform until I Main Street suffered the most chal- I ask my colleagues on the right to get what I want, I intend to cosponsor lenging economic situation in a gen- simply talk and debate about the ideas the amendment the Presiding Officer eration. It has been made clear tonight on this bill. I want Glass-Steagall. I am and Senator LEVIN are sponsoring and who the Republicans stand with—they cosponsor of the amendment for the then debate that issue openly on the stand with Wall Street—because we are Glass-Steagall Act to come back. This floor of the Senate. debating to debate. legislation will create a consumer pro- Our amendment prohibits federally After the breathtaking scope of the tection bureau designed to shield ordi- insured banks from engaging in propri- economic crisis that America is only nary Americans from unfair, deceptive, etary trading and it imposes strict cap- now coming to terms with, how can we and abusive business practices. As a ital charges on large nonbank financial simply refuse to move forward, refuse former attorney general, I know what institutions to limit their proprietary to debate this critical legislation? We it is, in so many of these financial situ- trading. are debating to debate—unbelievable. ations, mistreating our consumers. I We have all learned in recent days We have to debate to debate about fair, defended those consumers tremen- about the proprietary trading that meaningful reform while Wall Street dously during my years as Attorney Goldman Sachs was doing, betting continues to pose a systemic threat to General of the State of Illinois. I want their own money that mortgage-backed the American financial system. the bill to establish an oversight task securities would fail, while getting I know a little bit about the financial force to keep an eye on emerging risks their clients to invest in those same system. I am probably the only one so we will not be taken by surprise mortgage-backed securities. I am sure here who is a banker. I spent my early again. It will end too big to fail, pro- there are a lot of people who think, as years in the biggest bank of the State tect taxpayers from unnecessary risk, I do, that a system that allows that of Illinois, selling money for a living. I and eliminate the need for future bail- kind of conflict does not make sense know about banking and I knew what outs. and we need to change it. So I think we Glass-Steagall would do at the time. It This bill would also increase trans- need to get this bill on the floor so we prevented us from getting into the in- parency and accountability for banks, can debate this issue and so many oth- surance business, the investment bank- hedge funds, and the derivative mar- ers that we need to address to change ing business, and banks were still able ket. Some people don’t even know what the practices on Wall Street. to grow and to make loans to the var- they are doing about it, so big compa- We need to enact a strong Wall ious entities that needed the loans. nies such as Goldman Sachs won’t be Street reform bill as soon as possible. That is what we were there for, to as- able to get away with fraud anymore. While we delay, the big banks on Wall sist businesses to grow and provide These basic reforms will establish clear Street have returned to the same types capital and make sure they would be rules of the road for the financial serv- of reckless and risky gambles that successful and repay their loans. ice industry so we can keep the market brought our economy to the brink of a As a matter of fact, I financed some free and fair without risking another complete financial meltdown. My of the most difficult businesses in the economic collapse. grandmother used to say that while the State of Illinois. We had a government- But if we fail to take action, if we do cat’s away, the mice will play. Today I guaranteed loan section for startup not pass this reform legislation, if we think my grandmother would say while businesses. I loaned $1 million to a even fail to move forward on this sim- Wall Street reform is delayed, middle- church-owned hospital, the first Black ple procedural motion on the debate to class families are being played. church-owned hospital in America. I fi- debate, then we will be right back Let’s be clear. A vote against opening nanced that in 1969 with a $1 million where we started—no safeguards debate on holding Wall Street account- loan. Guess what. The hospital paid against this kind of deception and able is a vote to protect Wall Street. every penny of that money back to our abuse in the future. We are still suffering the consequences bank, plus we made interest on it. It I call on my colleagues to join me in of unregulated Wall Street greed. Mil- wasn’t a giveaway; it was not any type supporting moving on to Senator lions of hard-working Americans lost of charity; it was a business trans- DODD’s bill. Let’s move on to it and get their jobs through no fault of their own action to help the community. That is on with the business of debating the and they still can’t find work. Too what banks ought to be doing. That is bill and not debating to debate. I ask many small businesses still can’t get why we need to pass strong financial my friends on both sides of the aisle to credit. We need to do everything we reform, to prevent bad behavior on stand with me on the side of the Amer- can to ensure that the recent financial Wall Street from sinking ordinary folk ican people. Let’s move to debate this crisis never happens again, that tax- on Main Street. I know a little bit financial reform legislation without payers never again have to bail out about Main Street because that is delay. Wall Street bankers for their bad bets. where I financed those businesses. I yield the floor. I hope all those Senators who tonight I urge my colleagues to join me in The PRESIDING OFFICER. The Sen- voted to block us from taking up Wall supporting the reform legislation in- ator from Rhode Island. Street reform will reconsider that vote troduced by Senator DODD, the distin- Mr. WHITEHOUSE. Mr. President, we and that they will come to the floor of guished Senator who put his life into are now, for those who are tuning in, in the Senate and let us do the work of this business, trying to make sure we a situation in which the Republicans the people of this country. have some type of financial security who filibustered probably about 100 The PRESIDING OFFICER. The Sen- for the people and not a bunch of peo- times in this session, are now filibus- ator from Illinois. ple who are going around ripping off tering not a piece of legislation, they Mr. BURRIS. Mr. President, for years folk and getting rich off of the work of are filibustering the ordinary proce- at big corporations such as Goldman other people. This bill would have pre- dural technical motion on the Senate

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2631 floor to move to that piece of legisla- times around the city of Jericho before Wall Street bankers pay themselves tion. There will probably be a whole those walls came down, but the walls of multimillion-dollar bonuses. There second filibuster when we actually get obstruction of the Republican minority really are no lean years, it appears, on to the Wall Street reform bill. For now, are going to come down on this issue Wall Street, just good times and really, what they are filibustering is moving because the American people will not really, really good times. to proceed under the Senate rules, to have it any other way. The bill the Republicans will not let take up the bill and begin the debate. Let’s look at the provisions of the us debate would give shareholders a In obstructing us from even debating bill as it passed Senator DODD’s Bank- stronger say on management com- the Wall Street reform bill, the Repub- ing Committee that they are so upset pensation and would ensure that the lican minority has once again shown about, the bill that the Republicans are compensation committees of boards of the American people whose business it so upset about, they are obstructing us directors, the ones who are figuring out is they serve. Make no mistake about from even debating it and beginning what the CEOs should be paid, are com- it, Wall Street bankers are chortling the process of legislating. posed of directors who are independent, tonight about this, Champagne corks The bill would end government bail- who are not tied to the management: are flying across Wall Street, all in outs by establishing an industry-fi- No more having your pals and golfing celebration of the Republican success nanced wind-down mechanism to put buddies decide how much you should be in once again obstructing reform. Each banks that are failing out of their mis- paid. It would also require companies day the Republicans delay us, high- ery. That is how we would deal with fu- to develop policies that would permit powered investment banks make more ture meltdowns—no more taxpayer them to rescind compensation—to take money on highly leveraged gambles. bailouts, no more AIG. it back—if the executive is found to Each day the Republicans delay us, The Republicans, amazingly, assert have engaged in fraud. mortgage brokers, unregulated by a that this industry-financed resolution Again, these are commonsense provi- consumer protection agency, push peo- fund to put an orderly end to banks sions to prevent unfairness and to give ple into poor quality mortgages with that have gotten in trouble will actu- the American people a chance. Yet the confusing terms. Each day the Repub- ally perpetuate government bailouts. Republicans will not even let us debate licans delay us, CEOs continue to get That does not even make sense. So why them. rainy day bonuses, unchecked by prop- are they saying it? Well, they are say- The American people have grown er corporate governance and oversight. ing it because a Republican pollster sick and tired of delay and obstruction, Each day these Republicans delay us, named Frank Luntz determined that if and they want their Congress to move credit card companies trick and trap you call a bill a bailout bill, the public forward with the people’s business. American consumers with exorbitant will be alarmed and confused and upset This is something on which we should rates and fees and no consequences. and against it. So they are saying it agree. The American people also over- Each day the Republican minority because the polling shows that is what whelmingly favor stronger regulation delays us, Wall Street wins and Main will concern Americans. over Wall Street banks. So let’s get to Street loses. We have gotten to the point where it it. The ties between the Republican is no longer important in American de- I implore my Republican colleagues party and Wall Street CEOs are pretty bate for words to be true; it only mat- to cut the delay tactics and let us de- well documented. News outlets, for in- ters that they have the requisite effect. bate a bill that will help prevent future stance, reported earlier this month Well, words that are used for their ef- financial crises. If they have a better that the leaders of the Senate minority fect without regard for whether they idea and they want to offer it on the sat down with two dozen top Wall are true have a name; it is called prop- Senate floor, that is what we are here Street executives to discuss Wall aganda. Frankly, it is beneath proper for. But let’s get to the bill. Let’s begin Street’s concerns with these proposed debate in this forum. the process of serving the American reforms. Nobody is talking about what The bill would also create a strong people. Let’s end the endless filibuster was said, what deals were made, what consumer products regulator to make and obstruction and delay. winks and handshakes were exchanged. sure Americans are never again fooled I yield the floor. The meeting was behind closed doors. into subprime mortgages and other The PRESIDING OFFICER. The Sen- But the very people who brought about tricky, ‘‘gotcha’’ financial products ator from Colorado is recognized. the housing bubble and the financial with little hooks and tricks and traps Mr. UDALL of Colorado. Mr. Presi- meltdown and profited handsomely in there to catch the unsuspecting con- dent, I rise today to speak about the through both have been strategizing sumer. We need a regulator in place critically important legislation before with the Republicans on how to pre- who can monitor the market and act the Senate, the bill to reform Wall vent us from cleaning up their indus- quickly when there is a consumer haz- Street and end the excesses that sent try. ard. We need this new agency to do for our economy into a tailspin. They have good reason to do so. By credit cards and mortgages what the Having made the tough choice to continuing to operate too-big-to-fail Consumer Product Safety Commission fend off a collapse of our economic sys- firms, these executives make millions does for toasters and toys. A tough, tem, we must now look back and decide in the good times and get taxpayer independent consumer protection agen- what actions are required to hold Wall bailouts in the bad times. It is win-win cy is a plain-old good idea to give con- Street accountable and put consumers for Wall Street and lose-lose for the sumers a fair shake. back in control of their finances. American people. The American people The bill would also consolidate exist- This Congress has taken decisive ac- have about had it with that deal. They ing bank regulators so that banks can- tion to stem the bleeding, actions that want Wall Street cleaned up. not shop around for the most lenient were not always comfortable, but were An ABC News/Washington Post poll regulator. Under the bill the Repub- necessary. And our economy is starting conducted yesterday found that an licans won’t even let us debate, regula- to heal. Yet we remain at a seminal overwhelming majority, 63 percent, of tions would be strengthened over all fi- moment in history. Americans support ‘‘stricter Federal nancial firms. No more changing your One tenth of our population remains regulations on the way Wall Street charter just to avoid the rules you unemployed, the threat of home fore- firms conduct their business.’’ Every don’t like and picking your favorite closure haunts far too many families, one of us can vouch for that from what regulator. and American seniors are scrambling we are hearing from our constituents Again, these are commonsense pro- to replenish what were once considered at home. The Republican minority can tections against Wall Street trickery. their retirement accounts. delay reform but they cannot defeat it. But they are being blockaded. The fault for this economic decline, Remember Joshua; he walked around Perhaps the provisions that have the however, does not lie at the feet of the the city of Jericho blazing his horn. CEOs most distressed are the ones that working class nor reflect the steady The first time the walls did not come would crack down on runaway execu- strength of American ingenuity. In- down. The second time the walls did tive compensation. It is really remark- stead, the Wall Street bailout, and the not come down. He had to go seven able that even in the worst of times, threat of global economic depression

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2632 CONGRESSIONAL RECORD — SENATE April 26, 2010 that necessitated it, was thrust upon The legislation that we are trying to I am here to say that those days are us by those who put short-term self-in- bring up for debate this week does just over. We must hold Wall Street ac- terest above the economic security of a that. With Senator DODD’s leadership, countable and we cannot let the status nation. the Wall Street Accountability Act quo persist. It is an unpleasant fact to admit. But will: A few blocks from here outside the the current financial system all too Safely regulate the shadow markets Federal Trade Commission stands a often rewards greed and recklessness, and the hidden side-bet financing that pair of statues, each depicting a heroic fans speculative trading, and has fos- escaped the regulatory radar and al- figure straining to control a powerful tered shady dealings that are so com- lowed financial firms to engage in the horse. They were erected under the plicated that only those Wall Street risky and irresponsible behavior that Roosevelt administration as an em- firms that stand to benefit can com- wiped out trillions in family savings. blem to Americans from all walks of prehend them. The bill will hold big banks and fi- life that fair business practices would Compounding this, consumers have nancial institutions accountable for serve to further the common good of found themselves on the losing end of the bad decisions they make, and make all. Well, I have news: Under our cur- these deals. Wall Street executives them plan ahead to deal with their rent system, the reins have been re- have taken excessive risks, knowing a losses to ensure that taxpayers are leased when it comes to Wall Street. sweetheart contract, bonus or stock never again responsible for bailing out And now some 70 years later here we option will cover their losses while a financial firm that is deemed too big are, at a similar point in history. We stockholders are left empty handed. to fail, like AIG. must stand together once again as a Nearly one quarter of Americans have The bill will also hold Wall Street ac- nation committed to sound investing, found themselves with home mortgages countable by giving consumer share- transparent business dealings and an they struggle to afford, while the lend- holders new power to prevent excessive economic system that puts consumers er’s commission has long been spent. bonuses that reward executive failures, first. And, American consumers have to while average Americans are left hold- jump through hoop after hoop and ulti- This debate is about choices, and the ing the bag. American people have a clear choice. mately pay to have access to their own Complementing the credit card bill I credit score, while banks and lenders There are a lot of us here who want to introduced in the House of Representa- get to work. can easily obtain this information to tives several years ago and legislation hike their annual interest rate or But the vote we just took tonight Congress passed last year, this bill also showed that some in this institu- monthly payment. forces big banks and credit card compa- Don’t get me wrong, I am the first to tion are willing to filibuster and delay nies to provide clear, understandable recognize that our financial sector his- to prevent the Senate from even debat- information to consumers. This bill torically has played a driving role in ing Wall Street reforms. will also hold the nonbank lending in- the growth of our economy. In many It is clear to me and clear to Colo- dustry to the same sort of standards as instances, Wall Street’s ingenuity has radans that a vote against even having the traditional banking industry. spurred solid investment and helped this debate is a vote to protect Wall Finally, this bill will start to change U.S. businesses compete world-wide. Street at the expense of hard-working the culture of Wall Street by instilling But we cannot ignore the plain fact Americans. Too much is at stake to let new transparency and accountability that transparent investing and fair this delay persist. business dealings seem to be the excep- rules to ensure that complicated finan- cial derivative transactions take place President Roosevelt said in 1932, tion, rather than the rule. ‘‘Never in history have the interests of In one recent example, the U.S. Secu- in an open marketplace. This legislation provides what our all the people been so united in a single rities & Exchange Commission alleged economic problem.’’ Once again, as we that Goldman Sachs realized that the friends, neighbors, and family members for years have been demanding, a sys- did 70 years ago let us get to together only way out of bad securities was to put in place protections against the sell them to unwitting investors. tem that is designed for them, rewards hard work, and is grounded in the kind Wall Street excesses that threaten our This investigation is rapidly expand- economic stability. ing to other financial firms and prod- of business integrity that Americans The PRESIDING OFFICER (Mr. ucts, and is symptomatic of how out of every day certify with a handshake. In WHITEHOUSE). The Senator from Or- touch Wall Street has become with the short, Americans back in control of egon. American workers who are the real en- their financial well-being. gine of our economy. That is why, in addition to the re- Mr. MERKLEY. Mr. President, to- As the 2008 collapse washed away forms we will be discussing this week, night we had a vote in which 57 Mem- nearly half of Americans’ savings and I introduced legislation last week with bers of this body said we should pro- investments, these same taxpayers bipartisan support to put everyday ceed to have a fully public debate and were on the hook to finance Wall Americans back in charge of their fi- votes on issues related to Wall Street Street’s rescue. I understand the anger nances by giving consumers free access and Main Street; 57, far more than a of Coloradans and Americans all to their credit score. majority, said it is time for us to come around the country, many who felt I thank Senators LUGAR, MENENDEZ, to this floor, now well more than a that the big banks should have been LIEBERMAN, LEVIN, HAGAN, SHAHEEN, year after our bubbled economy burst, left to fail. KLOBUCHAR, TOM UDALL, and SCOTT and wrestle with the right rules of the So our constituents have asked us: BROWN for joining me in putting con- road and lane markers for our financial Please reform the current laws so that sumers first by cosponsoring this com- system. But, unfortunately, 57 votes this does not happen again. Please hold monsense legislation, which has the are not enough. We need additional Wall Street to the same rules that support of a wide range of consumer votes from our colleagues across the hardworking families and small busi- groups. aisle in order to have that debate on nesses are held to. Today, in looking back on the mis- this floor. We need additional votes But now, as the economy recovers, takes of the past and the imbalances from our colleagues across the aisle to slowly adding jobs and allowing fami- that still disadvantage consumers, consider what the lane markers should lies to rebuild their savings and retire- Americans deserve a Congress on their be and what the traffic signals should ment portfolios, Wall Street is report- side. be in our financial regulatory system. ing record profits and its executives Yet some here appear to still support Tonight we did not get those votes. are again pocketing record bonuses. a risky system where Wall Street can Instead, tonight my colleagues across It is time to put American consumers act with impunity and get bailed out the aisle said they do not want a de- back in control of their financial fu- when things go bad. They want to pro- bate in public on how to reform Wall ture. We must hold Wall Street ac- tect speculators at the expense of con- Street. They want a conversation be- countable and create a financial sys- sumer protections and shield financial hind closed doors instead. Quite frank- tem that works for all Americans, not institutions from rules that would ly, I don’t think the American people just rich executives. avert taxpayer-financed bailouts. agree with them.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2633 There are many parts of this story, How should we measure the success they don’t want to protect a fair deal but it is a story that can be told in mil- of that economy? This economy should for consumers and they want to con- lions, billions, and trillions. The mil- not be measured by the size of the bo- tinue a diabolical subprime exploding lions are the size of the Wall Street bo- nuses on Wall Street. The success of interest rate trap that has destroyed nuses. A single bonus can equal what a our economy should not be measured millions of families, then go ahead and working family can expect to earn in by the billion-dollar quarterly profits propose that amendment. I doubt the an entire career. Then we have the bil- of Wall Street firms. The success of majority of people will support it. I lions, the billions of dollars of quar- this economy needs to be measured by certainly will oppose it vigorously. But terly profits of many Wall Street firms. how well we build the financial founda- if my colleagues want to do that, then Then we have the trillions. That is the tions for working families throughout have the debate on the Senate floor. trillions of dollars of damages to work- the Nation. This bill is designed to end the tax- ing families in America. Do we create the ability to have the payer from ever being on the hook for What happened when the bubble next generation do better than we did? bailing out financial firms again. It burst more than a year ago? We had a Do we create living-wage jobs that en- does it by assessing financial firms for tremendous loss in the value of retire- able a family to have significant oppor- the cost of unwinding or, to put it a lit- ment savings. We had a tremendous tunities for their children? Do we pro- tle bit more directly, dismantling a fi- loss in the family savings for children ceed to strengthen, as we have been nancial firm when it fails. To make to go to college. We had an enormous working at in this Chamber, the struc- sure the taxpayer isn’t on the hook, it drop in employment. We had a tremen- ture of health care? Do families in creates a fee on the financial industry dous drop in families covered by health America have a share in the increased to pay to make sure those costs are care because of the loss of employ- productivity of our Nation which has covered by the financial industry itself. ment. We had damage on every part of not been the case since 1974, the year I This is a buffer that protects the Amer- a family’s finances, including the value came out of high school? Yes, our Na- ican taxpayer. of their home, so that millions of tion had a huge surge in productivity, My colleagues across the aisle have American families today owe more on a huge surge in national wealth. But said: No, here is a fund. It looks like a their home than their home is worth. that has not been shared with working bailout fund. Quite frankly, I don’t believe a sys- families. That is a diversion from what Quite frankly, it is amazing what we tem of million-dollar bonuses and bil- happened in the earlier era. hear on this floor. Here is a fund de- lion-dollar profits and trillions of dol- How do we rebuild our economy so it signed to ensure that taxpayers are lars of damage to American working builds working families? That is what protected, to ensure the financial in- families is a system we need in Amer- we are about. We can proceed to look dustry pays their own cost of disman- ica. Tonight’s vote was about whether at the pieces of this bill. Senator DODD, tling their firms. Yet it is spun 180 de- to have a public debate on the rules of who is here tonight, the chair of our grees until north is south and south is the road for Wall Street, but it was Banking Committee, has put so many north, trying to confuse the American also about whose side are we on. Are strong steps forward on the work that public. we on the side of some Wall Street came out of his committee. A lot of I don’t think the American public is firms which don’t believe that any ad- folks don’t realize the humble family going to be all that confused about ditional rules of the road are nec- mortgage and a new product that came this. They want to see the financial in- essary? dustry pay for the cost of dismantling They are happy with the status quo. out in 2003 is right at the center of the their own failures. They don’t want to Bonuses have rebounded on Wall fiasco in our economy. be on the hook again. You can try to Street. Profits have rebounded on Wall What happened? A new mortgage keep pulling the wool over the eyes of Street. But if you are not paying atten- called a subprime came out. It was de- the American people, but it will not tion, let me clue you in. The American signed differently than subprimes in work. I say to my colleagues across the working family has not rebounded. Ten the past. It was designed with a 2-year aisle, if you want to pull the wool over percent of American working families teaser rate—that is a low interest the eyes of the American people, come are unemployed. Houses are still under- rate—then with a prepayment penalty water, savings still decimated. that prevented families, once the ink here and propose that amendment that It is very important we have this de- had dried on the mortgage, from ever puts the taxpayers back on the hook, bate on the floor of the Senate, that we escaping that mortgage without giving when we are taking them off the hook. ask ourselves about and we adopt the many pounds of flesh, and then an ex- See how it fares. Make your case, make right rules of the road, the right traffic ploding interest rate that soared from your fair debate on this floor. But signals, the right lane markers to cre- perhaps 4.5 percent or 5 percent to 9 come and face and present and debate ate a solid financial foundation for our percent or maybe even 11 percent, in- and vote so that we can proceed to put economy to thrive. terest rates that could never be sus- the rules of the road back in place for That is what happened after the tained. Wall Street. Great Depression. New rules were This diabolical device was worth a This bill takes a huge stride forward adopted that restored the integrity of lot of money on Wall Street because it on proprietary trading. It says we the American financial system, that was going to make a lot of money pull- should not put fireworks in our living restored the integrity of the stock ing those exploding interest rates out rooms. That is pretty straightforward. market. Why was that important? It of American families. So Wall Street Fireworks are wonderful. I love fire- meant that people throughout America paid bonuses back to brokers to say to works on the Fourth of July. This bill and around the world said: We can them: I am your financial adviser. I says they should not be stored in the trust to invest in the United States be- recommend this subprime loan, instead living room. I have an amendment that cause their system has integrity, it has of recommending a loan that was best I think will further strengthen that transparency. That solid foundation for the family. So a vicious circle re- concept. has served our Nation well for decades sulted in exploding subprime mort- I applaud my colleague, CARL LEVIN until deregulation dismantled it, al- gages. from Michigan, my cosponsor, who has lowed wild speculation. Wild specula- This bill that has come out of the brought forward a part of that amend- tion and wild risk led to a spectacular Banking Committee says: No longer. ment and emphasized it, saying we collapse of the economy, and working Prepayment penalties will not be al- need to address the conflict of interest families are still paying the price. lowed on subprime mortgages. We will in financial firms. What is that conflict So what is the way to be on the side break the cycle that led us into this of interest? You should not be in the of working families? It is to say: We economic fiasco, this financial fiasco. position of designing and selling secu- will adopt those rules to provide that If my colleagues across the aisle have rities, telling your customers that they new foundation, that new muscular set some ways to improve on that, then are the best thing since sliced bread of rules that will allow Wall Street to let’s have a public debate. Let’s have over here, when at the same time you prosper but will also set the foundation that amendment on the Senate floor. If are betting against those securities be- for the American economy to prosper. my colleagues across the aisle think cause you think they are going to fail.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2634 CONGRESSIONAL RECORD — SENATE April 26, 2010 That is a conflict of interest. It should Today, as we debate Wall Street re- force big banks and credit card compa- not be allowed. form, we continue that fight to end the nies to offer clear terms to families on Under the Merkley-Levin amend- stranglehold big banks have on our credit cards, student loans, on retire- ment, we will address that as well as economy and, by extension, on the ev- ment financial products. Just as impor- strengthen proprietary trading. eryday life of the American people. tantly, it would make sure mortgage I am comfortable bringing that to Over the past year and a half, we companies cannot sell misleading loans the floor of the Senate and having that have seen, in stark reality, the dev- and mortgages to consumers so we debate. It may have a majority; it may astating impact Wall Street can have avoid the kinds of problems that led to not. But that is the type of debate we on our economy when it is left to its this crisis in the first place. need to have on this floor. own devices. Fueled by unbridled greed, For the first time, the bill would set I could go on through the treatment a love of risk—well, the love of risking up a council of regulators that would of derivatives—and I applaud my col- other people’s money—and an obses- oversee the financial system as a league, BLANCHE LINCOLN—the discus- sion with profit at all costs, banks whole. This council would monitor risk sion of a consumer financial protection bought up toxic mortgages by the across the entire system and ensure agency that provides the same fairness thousands, driving the subprime lend- that industries and companies do not in financial contracts that the Con- ing market in the process. Credit rat- fall through the cracks between regu- sumer Product Safety Commission pro- ing agencies, conveniently funded by latory agencies. This bill also includes vides on toasters, making sure that the same institutions they were rat- a tough section on derivatives to en- tricks and traps and scams are taken ing—that is a bad idea—gave the re- sure greater transparency and tighten out of financial products so that a con- sulting securities their highest AAA their regulation. sumer can make a fair choice without rating, and the initial ingredients of It ends taxpayer bailouts by forcing being misled by something hidden in the financial crisis were born. Inciden- banks to pony up $50 billion to pay for the fine print. That is the type of op- tally, today Paul Krugman wrote in their own funeral if they fail. This is tion citizens in this country want. the New York Times that 93 percent of not a taxpayer-funded bailout, and let Wall Street plays a very important these AAA-rated subprime mortgage- me tell you why. First, it is not a bail- role in aggregating and allocating cap- backed securities have since been out. The bank would get liquidated. ital, but we need to make sure the downgraded to junk status—93 percent. Secondly, it is not taxpayer funded be- rules are done such that that role is That is hard to do on anything. cause taxpayers do not fund it. The done well, that conflicts of interest are Several bank failures and a $700 bil- banks do. I do not know how to make removed, that transparency is pro- lion-plus bailout later, the American this any clearer to my colleagues vided, that tricks and traps and scams people were left paying the price. By across the aisle. Yet tonight we find are taken out of financial products. October of 2009, unemployment had ourselves where we are. These are the sorts of things this bill jumped to 10.1 percent and even today Let me be clear: We cannot afford not does. to pass this bill. Americans are de- This is a bill that is all about fight- it remains at 9.7 percent. By contrast, just 10 years ago, in October of 2000, the manding we act to hold Wall Street ac- ing for fairness for Main Street which, countable. Without further protec- unemployment rate was 3.9 percent. in the long term, will be a very good tions, it would be easy to have another Americans have lost $11.7 trillion—$11.7 business model for Wall Street as well. crisis such as the one we have just been trillion—in personal wealth since the Let’s, as a Chamber, recognize our re- through. Yet tonight, despite the ur- financial crisis, and housing values sponsibility to build an economic sys- gency and the importance of this bill, have fallen 15 percent in just the past tem that strengthens the financial my colleagues across the aisle are fili- year. We have seen our retirement ac- foundation of our families—that is bustering our attempt to reform Wall counts shrink and our plans for the fu- what this bill is all about—and puts Street and not just the bill itself. They ture delayed, sometimes indefinitely— our country on a firm basis for decades have blocked us from even starting de- and all because of Wall Street’s inces- to come. International investors will bate on the bill by filibustering the want to invest back here in America. sant need to rack up enormous profits. motion to proceed. They have done this Over the past few decades, Wall They will trust the integrity of our despite the fact that many of them ac- Street’s profits have gone through the system. tually agree with substantial portions roof. In 1987, the financial industry rep- I encourage my colleagues to come of the bill. They are doing this because resented only 19 percent of all domestic together when we have the next cloture they want to stop government from ac- corporate profits. By 2009, that number vote and decide it is time to fight for tually being able to accomplish any- was almost 32 percent. Thirty-two per- the people of this country and fight for thing. the economic future of our country by cent of all the Nation’s corporate prof- I have said it before, and I will say it proceeding to the debate on this bill its went to the financial industry. again. This is a perversion of the fili- and the passage of this bill and getting The dramatic growth of the financial buster and a perversion of the Senate. it to the President’s desk. services industry would be fine if Wall Let’s turn our attention back to legis- I yield the floor. Street was actually adding value— lating, which is the reason voters put The PRESIDING OFFICER. The Sen- helping to invest in our economy in us in this august body in the first ator from Minnesota. constructive ways and to create jobs. place. Mr. FRANKEN. Mr. President, I rise But, instead, they have been making I urge my colleagues to support the this evening to talk about how we can bets on bets on bets on bets. It is one Wall Street reform bill. We often talk take a big step toward holding Wall thing to have a commodities futures on the Senate floor about wanting to Street accountable and stopping it market that provides the resources for make sure American families are pro- from lining its own pockets at the ex- farmers to put crops in the ground, but tected. Now we have a chance to actu- pense of America’s families. it is another thing altogether when ally do something about it. America Last month, as part of the health Wall Street is just gambling in areas cannot afford another financial crisis. care reconciliation bill, the Senate also where they have no real productive in- That is now in our hands in this body, passed student loan reform that ended terest. Let’s put Wall Street back to and it is one of our greatest respon- a longtime corporate welfare program. work investing in America, not gam- sibilities. Our reforms halted the enormous sub- bling with its future. I thank the Presiding Officer. I yield sidies the Federal Government paid to The bill we are discussing tonight the floor. lenders in the student loan market, re- would ensure that Wall Street can The PRESIDING OFFICER. The Sen- placing it with a program called Direct never again bilk the American people ator from Missouri. Lending that slashes $61 billion—$61 in the same way. It would create a Con- Mrs. MCCASKILL. Mr. President, I billion—in cost to the taxpayers by sumer Financial Protection Bureau—a have a favorite President and it is not cutting out the middleman and lending true cornerstone of this bill. The bu- President Obama. It is, in fact, Presi- to students directly. The money saved reau would be an independent watch- dent Harry Truman. I still cannot will go toward Pell grants, helping kids dog for consumers housed inside the quite get over the fact that I am sit- from working families go to college. Federal Reserve. The bureau would ting at Harry Truman’s desk on the

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2635 Senate floor and that I hold the seat in course this bill is about stopping bail- am confused why the Republicans the Senate that Harry Truman held. outs. That is why we are doing the bill, would fail to offer one amendment at Tomorrow, when I attend the Perma- to make sure we do not have any more the committee level. I am confused nent Subcommittee on Investigations, taxpayer bailouts. He knows that. But why debating this bill is a problem for and as we see a parade of Wall Street he honestly, I don’t think, believed the them politically. I am confused. executives justifying their behavior, I American people were paying close Ronald Reagan is cited for this quote will be asking questions at the com- enough attention. Then we had the an- often, but it wasn’t Ronald Reagan who mittee that Harry Truman made fa- nouncement that the SEC had come first said it, it was Harry Truman: It is mous when he took war profiteers to out of a coma and was going to do amazing what you can accomplish if task many years ago. something about Goldman Sachs and you don’t care who gets the credit. Harry Truman said: what had happened. Then, as Senator Man, oh, man, do some people need If you can’t convince them, confuse them. DODD said so well on the floor the other that advice in this body. We need to Well, I am confused. I read today day, it is like the rooster taking credit quit worrying about whether the that the ranking member, from the Re- for the morning. They said, Well, we Democrats are getting credit or the Re- publican Party, of the Banking Com- wrote that letter and now we are back publicans are getting credit and realize mittee said the following at a meeting at the negotiating table. What hog- all the American people want us to do of community bankers. I am quoting wash. What hogwash. The negotiating is get to work. Get this thing done. exactly what he said: table has always been open. The door Quit fooling around with this game I think we basically know what went has always been open. Senator DODD that is being played. Tomorrow I think wrong. We had a lot of hearings. We’ve been has been out working the floor of this the leader may have a motion to recon- working on it 15, 16 months now. building and every building within a sider. I would implore my colleagues on That is not Chairman DODD who said: mile trying to find Republicans to sit the other side of the aisle: Reconsider ‘‘I think we basically know what went down and negotiate and find what is what you are doing. Many of my col- wrong.’’ It is not Chairman DODD say- the problem we need to solve to make leagues are such fine, upstanding peo- ing: ‘‘We had a lot of hearings.’’ It is sure we never have this kind of finan- ple who also care deeply about their not Chairman DODD saying: We’ve been cial meltdown again in America. country. They are just wrapped up. working on it for 15 or 16 months. It is Here is another thing that is very They have been convinced this is some the Republican ranking member on the confusing. It is time for the markup in political Tic-Tac-Toe match and if Banking Committee. the Banking Committee. I believe the they hold on for a couple more turns I am confused. Is it that they do not number is over 400 amendments were they are going to be able to draw the realize it is a huge problem? filed by the Republicans for the mark- line through the series of squares. Well, of course they realize it is a up. The Friday before the markup, all This is about whether we fix a seri- huge problem. of these amendments were on file. ous problem. I am a big fan of how hard Is it that they are not prepared, that Many people worked all weekend long Senator DODD has worked. I think he is they do not have enough information? getting ready for the markup on Mon- trying with every bit of intellect and Well, of course not. Senator SHELBY day, for the markup of this bill. The passion he has to get this across the said today: We basically know what chairman of the committee, assumed— finish line, because he knows we need went wrong. We have had a lot of hear- as anybody would who has spent as to do it for the American people. The ings. We have been working on it for 15 many hours working in this august games need to stop. The American peo- or 16 months. body as he has—that on Monday Re- ple need to pay attention and realize Senator DODD has sat here this publicans were going to offer amend- they have a very good reason to be con- evening as many Members of my class ments. In fact, the Democrats worked fused. Let’s debate this bill. Let’s de- and the freshmen class have come to all the way through the weekend try- bate it beginning tomorrow. Let’s de- the floor to express regret and confu- ing to figure out how many amend- bate our differences. Let’s try to sion about why we cannot debate this ments filed by the Republicans they amend it. Let’s vote on amendments. bill. It is admirable he has sat and lis- could easily accept without any debate Let’s agree to disagree on some of it tened to all these speeches tonight. He or contention. and decide who has the most votes to did not have to. He could have gone So what happens when the com- move forward a piece of legislation, the home. He is invested in this legislation mittee starts? The ranking member on way our Founding Fathers intended. I for all the right reasons: Because he the Republican side says they don’t guarantee they didn’t intend this. They cares deeply about this country. He un- want to offer any amendments. What? did not intend this, a refusal to even derstands we have an obligation as Now I am really confused. They don’t debate. Senators to address this problem. He even want to try to change the bill in So let the debate begin. If the Repub- sees it as his duty to see this through. committee. They make no effort to lican Party wants to lockstep and say So why—why—did this happen today? offer any substantive changes, and we don’t even get to debate it, then the Why did we not move forward to de- then they all vote no. American people are going to have to bate? It is just politics, raw, bare- If the American people don’t realize draw their own conclusions, and I have knuckled politics—the kind of stuff that a game is being played here, they a feeling it won’t be a good one. Americans are so sick of they want to need to pause for a minute and think Mr. President, I yield the floor. throw up. They are so sick of this game about that. Why on Earth would the The PRESIDING OFFICER. The Sen- playing, they want to throw everybody members of the Banking Committee ator from Connecticut. out of this place. Frankly, right about from the Republican Party fail to offer Mr. DODD. Mr. President, let me now, I do not blame them. What in the one amendment to this legislation, un- first begin by saying if Harry Truman Lord’s Name are we doing delaying the less there was some kind of plan, polit- were here tonight, he would be very debate on this bill? ical plan: Don’t participate. Don’t vote proud of his successor sitting in that I do believe the leader of the Repub- for it. Stop it. Obstructionism, saying chair in the back of this Chamber. I lican Party thinks his success as a the Democrats are doing something wish to thank my colleague from Mis- leader can only be defined by my par- they are not trying to do: taxpayer souri for her passion, her eloquence, ty’s failure. It is like it is a football bailout. and her common sense, something that game. I was confused when 41 people It would be so easy to stand here and Harry Truman was noted for. My father signed the letter saying they did not say there are ulterior motives about actually seconded the nomination of want to go forward. All 41 Republicans helping big bankers or helping Wall Harry Truman at the convention in signed this letter. Street and campaign finance issues. I Philadelphia in 1948, and I cherish the Then I got confused because Senator don’t know. I just know I am confused. letter thanking my father for that MCCONNELL came to the floor and said I am confused as to why the Repub- nomination now hanging on the wall of black is white. He literally said that. licans would march lockstep away from my home—a wonderful personal letter He said: We cannot be for this bill be- the debate on an issue that is of para- thanking him for that seconded nomi- cause we want to stop bailouts. Well, of mount importance to this country. I nation. He didn’t have many people in

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2636 CONGRESSIONAL RECORD — SENATE April 26, 2010 1948. My father had not been elected at posal that would enjoy the kind of bi- three decades, and in all of my three that time. He couldn’t find elected offi- partisan support needed to advance the decades here, I have never gone cials to stand up for him in 1948. My fa- cause. through a period such as we have over ther had a great relationship with Well, I wish to compliment my col- the last couple of months where we President Truman and was always leagues. Many of them worked very can’t even get to debate some of these proud of it. He had a wonderful, di- hard. While we didn’t achieve a com- critical matters. rect—some would call it blunt—rela- plete understanding in all of these mat- I am still optimistic. I guess that ex- tionship with him. Frankly, at mo- ters, I think the bill reflects a lot of plains why I have been here for 30 ments such as this, I think that is what that labor, to such a degree that the years. I still want to believe this is is needed, because as the Senator from proposal we tried to move to today is going to work, that all we have been Missouri articulated, this is not a com- so fundamentally different than the through is not for naught. As does my plicated moment. bill I introduced in November as a re- colleague from Missouri, I have great Maybe there are those who don’t ap- sult of that labor. respect for my colleagues in this Cham- preciate how an institution such as I thank my colleague from Missouri ber, Democrats and Republicans, and I this is supposed to operate. It isn’t al- for identifying what occurred a few have over the years, even with people I ways a pretty process when we engage weeks ago, and that is, of course, the have had basic and fundamental dis- in debate, with 100 people in this Cham- committee markup. Again, my col- agreements with. I am convinced the ber of different political persuasions, leagues on the committee made a judg- majority of us here—an overwhelming ideologies, and interests. We try to ment. They thought that maybe it majority—want to be associated with come together as a committee system might be better—there were an awful passing legislation that we believe will chosen years ago in order to try and be lot of conflicting amendments, some of make a significant difference in the efficient about our work, so we split up which didn’t make a lot of sense, quite economic life of our Nation by at least into various groups to consider various candidly, from the other side, and I say limiting or prohibiting the kind of ac- matters under certain headings. We sit that respectfully. It was their deter- tivities that led us to the problems and as Democrats and Republicans, Inde- mination that they would decide to go economic difficulties we are in. pendents, and try and work our way further in the process without engag- I hope in the coming days we will through a hearing process, listening to ing in the amendment process. have a chance to move to this bill. I experts, gathering informally, talking So here we are. We need to get to hope sooner rather than later. It may with one another, reading and edu- this. I have listened very patiently this be a matter not well known by many, cating ourselves, whether it is agri- evening to some wonderful remarks. I but we only have by my count about 45 culture or defense or the environment wish to begin with MARK WARNER, who or 50 legislative days left in this ses- or energy or, in this case, banking, spoke earlier this afternoon on the bill sion. We are working about 31⁄2 days a over a period of weeks and months— and has made a remarkable contribu- week. We are here for about another 14 particularly after a moment in time in tion to this body and to the Banking or 15 weeks, when you exclude the Au- our history that nearly brought us to Committee. He spent about 20 years in gust break, the break for Memorial the brink of financial collapse—and the financial services area, so he Day, the Fourth of July and, of course, then through our collective judgments speaks from a base of knowledge and our departure sometime I presume in try and frame to the best of our ability personal experience. BOB MENENDEZ of early October for the elections. That our answers to nagging questions: Why New Jersey as well was eloquent in his does not give us a lot of time. Last did we get into this mess? What was comments. Senator KLOBUCHAR, and week we spent the entire week on five missing? What did we do wrong? What Senator KAUFMAN, who spoke on this nominations that, as I recall—and I can we do right? How can we make this before; JEANNE SHAHEEN of New Hamp- may be corrected—passed I believe better so we don’t go through this shire as well, and Senator BURRIS of Il- overwhelmingly when the votes finally again, so we don’t strangle the system, linois, and the Presiding Officer, SHEL- occurred. So 5 days on 5 people who so we won’t lack the creativity and DON WHITEHOUSE, a good friend who has were filibustered and delayed. That is imagination that have been the hall- been invaluable in these debates. We all we did last week. That was it: five mark of our financial sector and not worked together on the health care nominations that were ultimately lose our financial leadership in the matter for weeks and months over the agreed to—not controversial nomina- world as a nation? How can we har- last year and, again, his thoughts and tions, just ones where votes were de- monize those rules in a global economy ideas on this bill as well I am thankful signed to slow the process. I don’t today so we don’t end up racing to the for; MARK UDALL of Colorado, Senator think the American people want us to bottom the various nations who offer MERKLEY of Oregon, AL FRANKEN and, leave our work in this Congress with- the least resistance to some of the of course, Senator MCCASKILL, who I out having addressed this issue. practices that brought us to the brink spoke about as well. It is quite a group I will end on this particular note. If, in our own country? here, these new Members, their first or for some reason, Lord forbid, a major That is basically what we have en- second terms in the Senate. I hope my financial institution were to begin to gaged in for the last 38 or 39 months other colleagues and their staffs were fail this evening, we are in no better since I have been chairman of this listening this evening. It wasn’t just shape than we were in the fall of 2008. committee beginning in January of eloquence, it was common sense. They There is an implicit guarantee that 2007. We didn’t agree on everything, are people who have gone home and lis- such an institution would receive the but we tried to fashion the best we tened to their constituents. While we backing of the them and our economy. could. I introduced a proposal back in all may not agree—and I can’t suggest Despite what I perceive to be over- November. My colleagues said that is a that every amendment they have whelming objections to that kind of a good beginning, but we ought to try talked about is one I would necessarily bailout occurring, that is one issue on some different ideas, so between No- even be supportive of when the debate which there seems to be unanimity. vember and this April, I divided up the begins—I firmly believe every Senator Yet, if tonight a problem began to committee labors. I asked Democrats has equal status in this Chamber. emerge, we would be in a similar situa- and Republicans to take on subject Whether you are a chairman or a new tion as we were 18 months ago. I don’t matters because it was a highly com- Member, you are a Senator, and you know of a single Member here who plex area of the law dealing with de- deserve the courtesies of this institu- would want that to occur. That issue rivatives, dealing with systemic risk, tion. You deserve the history of this in- alone ought to cause every one of us to dealing with corporate governance, stitution. You deserve to be heard and move to get to this debate. That is a dealing with consumer protection and respected for your ideas and to be given principal part of this legislation. There other matters; thinking that if we the time to present them, to debate are other features as well, but that broke it up into groups, Democrats and them, and to have an up-or-down vote alone ought to be motivation to begin Republicans would become invested on your proposals. this debate, listen to each other’s and knowledgeable about the subject That is how this institution is sup- thoughts and ideas, and to conclude matter so we could then frame a pro- posed to operate. I have been here for that discussion and debate by passing

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2637 this legislation—or at least an amend- TRIBUTE TO SPECIAL AGENT Harold’s dedication was clear to the ed version of this legislation. JAMES HAROLD SIZEMORE soldiers he worked alongside. ‘‘Harold I thank these 12 or 13 colleagues for Mr. MCCONNELL. Mr. President, I is one of the driving forces behind the their patience, their eloquence, their rise to thank Special Agent James Har- success of the Kentucky National determination, and their conviction. old Sizemore for his many years of Guard’s efforts in support of these mis- As I get ready to leave this Chamber in service to the people of Kentucky. For sions,’’ says LTC Karlas Owens. the coming months, I will leave with a nearly three decades, he has worked in ‘‘When observing marijuana in a heli- high degree of confidence that this the dangerous field of law enforcement, copter, Harold possessed the patience Chamber will be in good hands. After risking his own well-being on behalf of of Job while maneuvering his ground listening tonight to your words, advice, his neighbors, and for that an entire element over difficult terrain . . . he counsel, and determination, it is with a State is grateful. guided officers cross-country as they sense of optimism that we will get this Harold was born and raised in Clay walked to distant marijuana plots in bill done. I am confident of that as I County, where his father was the sher- the Daniel Boone National Forest and stand before you this evening. iff. Harold followed in his father’s foot- ensured they made a safe return. . . . With that, I yield the floor. steps and was elected sheriff of Clay Harold not only gives 110 percent to County in 1982. He took a hard stand the [U.S.] Forest Service, but always f against illegal marijuana cultivation, a supports the Kentucky National Guard problem in that area, and conducted and ensures we are successful as well.’’ MORNING BUSINESS several successful eradication mis- Lieutenant Colonel Owens also has Mr. DODD. Mr. President, I ask unan- sions. these words for Harold, after working imous consent that the Senate proceed I first met Harold in 1989 when he was alongside him for 20 years on these to a period of morning business, with still serving as sheriff, and he described dangerous but vital missions: ‘‘For Senators permitted to speak therein to me the devastating effect marijuana your teachings and friendship, I thank for up to 10 minutes each. cultivation was having in Clay County. you, Sir.’’ A countless number of Kentuckians The PRESIDING OFFICER. Without After that and right up to today I have owe their thanks to Harold as well. objection, it is so ordered. given my full support to the Governor’s Marijuana Strike Force, which coordi- Upon his retirement, I know my col- f nates local, State, and Federal law en- leagues in the U.S. Senate join me in forcement to combat the drug problem thanking Special Agent James Harold AMERICAN ASSOCIATION OF IN- in Kentucky. This task force has been Sizemore for his decades of service. TELLECTUAL & DEVELOP- recognized by the President’s Office of The work he has done for so many MENTAL DISABILITIES National Drug Control Policy for 5 con- years has bequeathed to all of us a secutive years. safer, stronger Kentucky. Mr. DURBIN. Mr. President, I am In 1990, Harold became a Federal law- f pleased today to join the Illinois chap- enforcement officer with the U.S. For- ARMENIAN REMEMBRANCE DAY ter of the American Association of In- est Service, a job he held for 20 years. tellectual & Developmental Disabil- In that capacity, he has conducted over Mr. LEVIN. Mr. President, at this ities, AAIDD, in recognizing the recipi- 700 flight hours of surveillance and de- time every year, we observe Armenian ents of the Illinois Direct Support Pro- tection for marijuana eradication mis- Remembrance Day, when we com- fessional Award 2010. These individuals sions in Kentucky in support of State, memorate the horrific and tragic are being honored for their outstanding local, and Federal task forces. His dedi- events that constitute the Armenian efforts to enrich the lives of people cation and tireless efforts resulted in Genocide. We also honor those who suf- with developmental disabilities in Illi- the eradication of over 100,000 mari- fered persecution and lost their lives, nois. juana plants, with a street value esti- and recognize those who survived this These recipients have displayed a mated at $600 million, many in small dark period in human history. strong sense of humanity and profes- plots located in remote terrain to avoid On April 24, 1915, Turkish Ottoman sionalism in their work with persons detection. authorities began rounding up and with disabilities. Their efforts have in- In addition to these flight hours, murdering more than 5,000 Armenians, spired the lives of those for whom they Harold also participated in several mis- including civic leaders, intellectuals, care, and they are an inspiration to me sions in support of high-risk felony writers, priests, scientists, and doctors. as well. They have set a fine example of search and arrest warrants executed by This systematic campaign of deporta- community service for all Americans State and Federal agencies. His profes- tion, expropriation, starvation, and to follow. sionalism and expertise, coupled with other atrocities continued until 1923, These honorees spend more than 50 intimate knowledge of the local area, resulting in the deaths of nearly 1.5 percent of their time at work in direct, played a significant role in these mis- million Armenians. As U.S. Ambas- personal involvement with their cli- sions being accomplished safely. sador to the Ottoman Empire, Henry ents. They are not primarily managers Harold provided key information in Morganthau, said at the time, ‘‘When or supervisors. They are direct service over 20 felony investigations, resulting the Turkish authorities gave the orders workers at the forefront of America’s in several Federal indictments and ar- for these deportations, they were mere- effort to care for people with special rests. His personal knowledge of the ly giving the death warrant to a whole needs. They do their work every day Clay County area of the Daniel Boone race; they understood this well, and, in with little public recognition, pro- National Forest played a decisive role their conversations with me, they viding valued care and assistance that in the identification of several suspects made no particular attempt to conceal is unknown except to those with whom caught on surveillance, which was ini- the fact. . . I am confident that the they work. tiated as a result of Harold’s aerial re- whole history of the human race con- It is my honor and privilege to recog- connaissance. tains no such horrible episode as this.’’ nize the Illinois recipients of AAIDD’s Throughout his career as a Federal The Armenian Day of Remembrance Illinois Direct Support Professional law-enforcement officer, Harold’s pri- serves to remind us all of how impor- Award 2010: Gloria Corral, Stacy How- mary responsibility has been that of tant it is that we look unflinchingly at ard, Renee Kaye, Mufutau Afolabi, marijuana eradication officer for the the atrocities that mankind is capable Mary Halloran, Renae Donohoo, Pau- Daniel Boone National Forest—and of, sustained by the ability of our line Curran, Denise Smith, Zeola Al- from that responsibility he has never human spirit to overcome such trag- ston, and Jesse Kelinschmidt. wavered. In 2008, he was recognized by edy. The horrific events we remember I know my fellow Senators will join the U.S. Forest Service for a career of today constituted the first genocide of me in congratulating the winners of exceptionally meritorious service. the 20th century. But it was soon fol- the Illinois Direct Support Professional The U.S. Forest Service sometimes lowed by the Holocaust, where Hitler Award 2010. I applaud their dedication works with the Kentucky National said he could pursue it and inflict it on and thank them for their service. Guard in their drug-control efforts, and humanity since ‘‘Who, after all, speaks

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2638 CONGRESSIONAL RECORD — SENATE April 26, 2010 today of the annihilation of the Arme- RECOGNIZING THE NATURAL RE- Congress increased this investment nians?’’ Recent history in Rwanda, SOURCES CONSERVATION SERV- in the 2002 and 2008 farm bills and is ex- Congo, Darfur and elsewhere reminds ICE pected to continue to support conserva- us that genocides and mass atrocities Mr. CHAMBLISS. Mr. President, I tion well into the future. However, remain with us to this day. And as rise to congratulate the Natural Re- there are challenges in conservation President Obama has said, ‘‘bearing sources Conservation Service, NRCS, today. One challenge is how to sustain witness is not the end of our obliga- on its 75th anniversary. the ability of NRCS to provide tech- tion—it’s just the beginning.’’ He has Even though we are an urban nation, nical, scientifically sound advice and called for our committing ourselves we are still an agricultural land. Near- assistance in a time of tight budgets ly 70 percent of the United States, ex- and increased demands. Another chal- ‘‘to resisting injustice and intolerance clusive of Alaska, is held in private lenge is how to maintain the highly and indifference in whatever forms ownership by millions of individuals. successful conservation partnership they may take.’’ Fifty percent of the United States—907 that works with farmers and ranchers Some have sought to deny that the million acres—is cropland, pasture- as individuals to address their specific atrocities committed against the Ar- land, and rangeland owned and man- conservation concerns. menian people occurred. But as the aged by farmers and ranchers and their W.C. Lowdermilk, the Assistant Chief Genocide Prevention Task Force, families. of the Soil Conservation Service in the chaired by former Secretary of State In the early 1900s, President Roo- 1930s said, ‘‘In a very real sense the Albright and former Secretary of De- sevelt and other conservationists like land does not lie; it bears a record of John Muir and Gifford Pinchot had the fense William Cohen, stated, it is ‘‘fun- what men write on it. In a larger sense, foresight to set aside America’s special damental to address the legacy of past a Nation writes its record on the land. places as national parks and forests, This record is easy to read by those abuses.’’ This is necessary, the task seashores, and wilderness areas. Amer- force emphasizes, for the sake of jus- who understand the simple language of ica’s public land became a showcase for the land.’’ Conservation leads to pros- tice, to remove the cause of retribu- some of the most dramatic and beau- tion, and to end the discounting of the perous, healthy societies and stable, tiful landscapes on the North American self-sufficient countries. It sustains the costs of violence. Nobel Laureate Elie continent. agricultural productivity that allows Wiesel has said that the denial of geno- But others also recognized the impor- for division of labor and the growth tance of America’s private land to the cide constitutes a ‘‘double killing,’’ for and longevity of a society. it seeks to rewrite history by absolving health of the Nation. It took the seri- ousness of the Dust Bowl for this mes- Careful land stewardship through ter- the perpetrators of violence while ig- racing, crop rotation and other soil noring the suffering of the victims. sage to be accepted. Rooted in our na- tional experience with devastating soil conservation measures enables soci- We need to be clear that marking erosion of that time, the conservation eties to flourish. However, neglect of this Armenian Day of Remembrance is movement began with the purpose of the land, manifested as soil erosion, de- not an indictment of the Republic of keeping productive topsoil—and a pro- forestation, and overgrazing, helps to Turkey. It occurred before the Repub- ductive agriculture—in place. topple empires and destroy entire civ- lic of Turkey came into existence. To lead conservation efforts at the ilizations. With the signing of accords last Octo- Federal level, Congress created the These lessons of history, including ber, Turkey and Armenia have taken a Soil Conservation Service, SCS, within our own with the Dust Bowl of the major step forward in the process of the U.S. Department of Agriculture, 1930s, are ones we should not forget. normalizing relations, opening their USDA, in 1935. SCS was renamed the America’s future is tied to how we treat our land. Today, the Nation’s common border which has been closed Natural Resources Conservation Serv- farmers and ranchers deliver safe, reli- for more than a decade and a half, and ice, NRCS, in 1994. This was the begin- able, high quality food, feed, and fiber removing barriers to trade. Ratifica- ning of the Nation’s historic commit- ment to a conservation partnership to the Nation and to the world, but tion of those accords will be important with farmers and ranchers. also much more. Through their careful for continuing this process of reconcili- At the same time, the Nation also stewardship, farmers, ranchers, and ation and hopefully will be completed adopted a remarkable Federal, State, private forest landowners also deliver promptly. All friends of Armenia and and local partnership for delivering clean water, productive wildlife habi- Turkey should hope that these two na- conservation assistance to farmers and tat, and healthy landscapes. tions and peoples can jointly face their ranchers. The concept was that NRCS Today, we thank all who have made shared history and move forward to- would deliver technical and financial this happen through their service to gether as fellow members of the com- assistance for conservation, while our country as part of the NRCS. Con- munity of nations. State governments and local conserva- gratulations on your 75th anniversary. In speaking to a joint session of Con- tion districts would connect with indi- f gress last November, German Chan- vidual landowners and set local prior- ities. MIDDLEBURY INTERACTIVE cellor Angela Merkel spoke eloquently From the beginning, this was a coop- LANGUAGES about the importance of tearing down erative approach, drawing on many Mr. LEAHY. Mr. President, I ask walls, not only between neighbors but sources for technical knowledge, finan- unanimous consent that the New York also the ‘‘wall in people’s minds that cial assistance, and broad-based edu- Times article, ‘‘Middlebury to Develop make it difficult time and again to un- cational programs for natural re- Online Language Venture,’’ be printed derstand one another in this world of sources conservation and management. in the RECORD. ours. This is why the ability to show This partnership remains the pre- There being no objection, the mate- tolerance is so important.’’ She added, eminent model for intergovernmental rial was ordered to be printed in the ‘‘Tolerance means showing respect for cooperation today and is admired RECORD, as follows: other people’s history, traditions, reli- around the world. [From the New York Times, Apr. 13, 2010] gion and cultural identity.’’ In the 1980s, NRCS’s programs began to change as Congress began to in- MIDDLEBURY TO DEVELOP ONLINE LANGUAGE VENTURE So I say to my colleagues that one crease incentives for farmers and way we can honor the memory of the ranchers to practice good conservation. (By Tamar Lewin) 1.5 million Armenian victims of the During the 1990s, Congress accelerated Middlebury College, a small Vermont col- tragic events of 1915–1923 is by recog- the investment in conservation by cre- lege known for its rigorous foreign-language programs, is forming a venture with a com- nizing that we have an obligation to do ating additional programs, such as the all we can to stop mass atrocities from mercial entity to develop online language Environmental Quality Incentives Pro- programs for pre-college students. The col- occurring, to aid the survivors of such gram, EQIP, to share the cost of en- lege plans to invest $4 million for a 40 per- tragedies, and to promote justice, tol- hancing natural resources on farms, cent stake in what will become Middlebury erance, and understanding. ranches and private forestland. Interactive Languages.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2639 The partnership, with the technology- ‘‘We plan to make the courses available to field, the former Senate majority lead- based education company K12 Inc., will allow individual kids, home-school kids, charter er and Ambassador to Japan, UM has Middlebury to achieve two goals, said Ronald virtual schools, and teachers who might relationships with universities across D. Liebowitz, the president of the college: It want them as supplements,’’ Mr. Liebowitz Asia. These partnerships help strength- will help more American students learn for- said. ‘‘I think the price point will be some- eign languages, an area in which they lag far where in the vicinity of $100.’’ en our educational, diplomatic, and economic ties with our friends across behind Europeans; and it will give f Middlebury another source of revenue. the Pacific and carry on the legacy and ‘‘We wanted to do something about the ADDITIONAL STATEMENTS good work of Mike and Maureen Mans- fact that not enough American students are field. learning other languages, and it’s harder for One initiative on which I have been students if they don’t learn language until TRIBUTE TO GEORGE DENNISON particularly proud to work with Presi- college,’’ Mr. Liebowitz said. ‘‘It is also my ∑ Mr. BAUCUS. Mr. President, today I dent Dennison is the educational and belief, and I think our board’s belief, that wish to recognize an outstanding lead- cultural exchange program that the finding potential new sources of revenue is not a bad thing. By doing what we’re doing er from my home State of Montana as university recently started with Viet- with this venture, we hope to take some he embarks on a new adventure in his nam. I invited the Vietnamese Ambas- stress off our three traditional sources of life. Since 1990 George Dennison has sador to the U.S. to visit Missoula in revenue—fees, endowment and donations.’’ served as the president of the Univer- 2008 to meet with President Dennison Middlebury, a 2,400-student liberal-arts col- sity of Montana; he is now the longest about the exchange. President lege with an endowment of more than $800 serving president in the history of the Dennison then traveled to Vietnam million, has offered summer immersion lan- institution. This summer on August 15, last year to meet with several univer- guage classes for almost a century, and now sities and subsequently signed memo- teaches 10 languages in those programs at its 20 years to the day after he began his campus and, as of last year, some at Mills duties at UM, President Dennison is re- randa of understanding with Can Tho College in Oakland, Calif. tiring. I would like to speak today University and Vietnamese National Partnerships between universities and about some of George’s achievements University to establish student and commercial entities have become increas- and all he has done to better higher faculty exchanges. It is important that ingly common in recent years, but the education in Montana. we provide our students, the leaders of Middlebury venture is unusual in that it ties A historian by training, George tomorrow, with the knowledge they the college’s academic reputation in foreign earned a bachelor’s degree with highest will need to thrive in our increasingly languages to a third-party vendor. Moving honors from the University of Montana global society—this exchange program into such an uncharted area carries risks, does just that. education experts said. in 1962, as well as his master’s degree ‘‘These partnerships are starting as ways in 1963. After earning his Ph.D. in his- George has received numerous for colleges, which may feel themselves cash- tory from the University of Wash- awards and recognition during his time strapped, to make some bucks,’’ said Philip ington, George went on to serve as a at UM including the Governor’s Hu- G. Altbach, the Monan professor of higher professor and administrator for univer- manities Award in 2009, the Montana education at Boston College. ‘‘I have prob- sities in Arkansas, Washington, and 18 Excellence in Leadership Award in 2007, lems with the whole thing, particularly for a years at Colorado State University in and the Council for Advancement and place like Middlebury, which has a reputa- Support of Education Region VIII tion as one of the best liberal-arts colleges in Fort Collins. George eventually re- turned to Missoula from Kalamazoo, Leadership Award in 1999. President the country, and for doing a very good job Dennison has received honorary doc- with languages. They should protect that MI, where he served as provost and vice brand. They are not known for online pro- president for academic affairs for West- torates from universities in grams, and to jump in to the deep end of the ern Michigan University, to become Kyrgyzstan and Tajikistan. During his swimming pool, with a for-profit, is in my president of the University of Montana career, George has had a number of his- view dangerous.’’ in 1990. torical works published. His 1976 book, Mr. Liebowitz said that although the move I have enjoyed working with George ‘‘The Dorr War: Republicanism on carried risks, so, too, does inaction. ‘‘The Trial, 1831–1861,’’ was runner-up in the way I see it, to retain our leadership in the during his tenure as president of the university. We share a strong desire to Frederick Jackson Turner Award Com- teaching of foreign language, we have to petition. Upon retiring as president, evolve with the times,’’ he said. ‘‘And where ensure that Montana’s students have things are going, in terms of access and edu- access to a high-quality, world class George plans to spend the first years of cation, is online.’’ education that prepares them for the his retirement writing a history of the In 2008, Middlebury joined with the Mon- careers of the future and to be active University of Montana. I would like to once again thank terey Institute of International Studies, a members in their communities. California graduate school, to start the The University of Montana has seen President Dennison for all his hard Middlebury-Monterey Language Academy, tremendous growth under President work and commend him for his leader- an intensive language-immersion summer ship over the years. I wish him and program for students in grades 8 through 12. Dennison’s leadership. Over the past two decades, student enrollment has Jane all the best as they start a new That program, which will expand to new ∑ sites in the new venture, offers four-week jumped from 10,000 to over 15,000. In the chapter in their life. residential sessions at Green Mountain Col- 20 years that George has served as f lege in Vermont, Oberlin College in Ohio, Po- president, more students have grad- TRIBUTE TO ARTHUR E. KATZ mona College in California, and Bard College uated from UM than did in the entire at Simon’s Rock in Massachusetts. ∑ Mr. CHAMBLISS. Mr. President, I Middlebury has also expanded its aca- previous century. The number of doc- wish to commend the life’s work of a demic-year study-abroad sites, the C. V. torates awarded has increased from 15 good man and a great American, Ar- Starr-Middlebury Schools Abroad, to 35 cit- to 75 annually. External research fund- thur E. Katz. ies across 14 countries. Almost half the stu- ing has expanded from $7 million in On Friday, April 23, Arthur was in- dents at those sites now come from other 1990 to over $170 million in 2010. The ducted into the U.S. Coast Guard Acad- colleges. athletic programs at UM have com- emy’s Wall of Gallantry for his service A hallmark of Middlebury’s language peted well on a national level and have schools has been a formal pledge to speak to our Nation. only the language of study during the ses- created a great sense of school and In 1963, Arthur graduated from the sion. community spirit as the Griz have a U.S. Coast Guard Academy, where soon Of course, online programs cannot rep- faithful following throughout Big Sky afterward, he headed to Vietnam. licate the immersion experience. country. He served as commanding officer of The online expertise for the venture will Like President Dennison, I strongly USCGC Point Cypress from December come from K12, a publicly traded company believe that an understanding of the 1965 to September 1966. based in Herndon, Va. In partnership with world in which we live is essential to a For his leadership and bravery during charter schools and school districts, K12 op- well-rounded education. Under erates online public-school programs in 25 this tour of duty, Arthur was awarded states and Washington. K12 also operates the George’s leadership, the university has a Bronze Star Medal for Valor K12 International Academy, an accredited, developed strong international and ex- Following his service in the Coast diploma-granting online private school serv- change programs. Building on the work Guard, he went on to establish a suc- ing students in more than 40 countries. done by our dear friend Mike Mans- cessful business in Dunwoody, GA.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2640 CONGRESSIONAL RECORD — SENATE April 26, 2010 Arthur currently resides in Sandy recognized by the Obama administra- tomers throughout the international Springs, a place he has come to love tion, and Murray Martin, the chairman marketplace. For example, Pitney and call home. He is a devoted and lov- and CEO, met with the President last Bowes finances the purchase of postage ing husband of 46 years, father of three year to discuss the company’s pro- in its meters for over 1 million cus- daughters and grandfather of seven. grams. tomers. As a well-respected member of the Finally, the company also has a pro- Pitney Bowes has operated globally community, Arthur has been involved found commitment to community serv- for decades, and currently generates al- in numerous roles, such as the past ice, providing funding for education most 30 percent of its revenue outside president of the Temple Emanu-El syn- and literacy organizations, and encour- of the United States. At its manufac- agogue in Sandy Springs and as a board aging employees to volunteer their turing facility in Danbury, the com- member of the Marcus Jewish Commu- time to a wide variety of causes. This pany assembles large-scale mailing ma- nity Center of Atlanta. is just another way in which Pitney chines for export to many countries. I His commitment to community serv- Bowes has benefited our State. have had the privilege of touring the ice and volunteerism has been tremen- At a time when many American com- facility and have enjoyed seeing the dously valuable, and I am sure he has panies have failed, and others have be- flags of the destination countries hung touched many lives over the years. come deeply troubled, it is with pleas- over the machines they will be receiv- Arthur Katz is a true champion of pa- ure that I am able to recognize a cut- ing. triotism and it is only fitting that he ting-edge company with good old fash- Pitney Bowes has a large and diverse be honored and featured at the Wall of ioned values. Congratulations, Pitney customer base with 2 million cus- Gallantry at the U.S. Coast Guard Bowes, on your 90th birthday. ∑ tomers worldwide, many of which are Academy.∑ ∑ Mr. LIEBERMAN. Mr. President, I small businesses. It has been listed on f wish to recognize one of my State’s the New York Stock Exchange since great companies on the occasion of its 1950, has been a component of the S&P RECOGNIZING PITNEY BOWES 90th birthday. On April 23, 1920, Arthur 500 Stock Index continually since 1957, COMPANY Pitney and Walter Bowes officially and first joined the Fortune 500 in 1962. ∑ Mr. DODD. Mr. President, today I formed the Pitney Bowes Company Over the years, I know that Pitney pay tribute to the Pitney Bowes Com- with its headquarters in Stamford, CT. Bowes has also been a good partner to pany on the occasion of its 90th birth- Today the company is still the Postal Service and cares passion- day. Headquartered in Stamford, headquartered in Stamford, and em- ately about maintaining a mail service Pitney Bowes has proven time and ploys 33,000 individuals worldwide. that not only survives but thrives. again that it is a true Connecticut in- In 1912, Arthur Pitney introduced the Pitney Bowes took the lead in creating stitution, leading the way in innova- postage meter in the United States. the Mailing Industry CEO Council, tion and facilitating progress in the This device, which is used to create and which for the last several years has mailing industry. apply physical evidence of postage to been at the forefront of educating pol- But at least as important as its fi- pieces of mail, has allowed postal offi- icymakers about the mailing industry. nancial success, is the kind of company cials and offices throughout the United There was a time when many of us in that it is. The company is a notably States to process mail more efficiently. Congress failed to appreciate the ex- progressive employer, capturing re- In 1920, he partnered with Walter tent of the importance and impact of peated honors for its commitment to Bowes, a successful entrepreneur, to the mailing industry. But thanks to diversity. It is regularly cited as form the Pitney Bowes Postage Meter their efforts, we know that it is a big among the best places to work for Company. In order for the postage trillion dollar industry employing women, African Americans, and His- meter to be sold in the U.S., Congress more than 8 million workers. The com- panics. It does this because it is right had to act to permit the meter indicia pany and the CEO Council played im- but also because they know it makes to be recognized as postage. portant roles in helping us enact postal smart business sense. Since its founding, Pitney Bowes has reform legislation after a decade of ef- Pitney Bowes is also a corporate been at the forefront of technological fort. The company’s chairman and leader in health care. It is truly in the innovation. It has added vastly to the CEO, Murray Martin, continues to reg- forefront of efforts to improve their intellectual capital of this country and ularly visit us in Washington to share employee and retiree health while at currently manages an active patent his insights on how Congress can help the same time reducing costs. The ex- portfolio of more than 3,000 inventions. the Postal Service adjust in a rapidly amples are numerous. The company Quite simply, it is a company that has changing world. learned that forcing people to make been the source of many, many good On behalf of the people of Con- large copayments for the medications ideas. Many of its scientists are based necticut and the rest of the Nation, I they need to manage chronic condi- in its R&D facility in Shelton, CT. In would like to honor Pitney Bowes on tions often led employees to skip tak- addition, the company actually had the occasion of its 90th birthday. I am ing their medicine. This resulted in one of the first ‘‘e-commerce’’ applica- certain that the company and its em- more trips to the doctor and hospital, tions, with its meters able to download ployees will continue to pioneer new higher costs, and more absenteeism. So postage electronically since 1979. technologies and services that will con- the company reduced or eliminated Pitney Bowes continues to innovate tribute to economic growth in the U.S. employee copayments for these medi- and grow. Last year its R&D invest- and abroad.∑ cations. It cost more in the short run, ment was $182 million. It recently f but a lot less in the long run, and the launched its newest mailing system. It affected employees enjoy greater also has become one of the world’s TRIBUTE TO JORDAN SOMER health and productivity. largest software companies, helping its ∑ Mr. JOHANNS. Mr. President, today The company put healthy food in its customers more accurately address I wish to recognize an outstanding cafeterias and charges less for it. There their mail, deliver smarter marketing, young Nebraskan for her spirit of com- are still lots of choices, some not so provide more efficient government munity service and for her dedication healthy, but you have to look harder services, or locate their stores in the to making a difference in the lives of for the less healthy foods, and you have most promising location. The company others. to pay more. And either way, there are also is a leader in the field of document Jordan Somer is currently a junior at on-site gyms in many facilities. management, helping government Central High School in Omaha, NE. At The company also established on-site agencies, large companies and law Central High School, she is a member clinics to make it easier for employees firms manage their critical documents. of the school’s dance team and is in- and retirees to obtain medical care. In- For more than 20 years, Pitney volved in student clubs. deed, Pitney Bowes went so far as to Bowes Financial Services Inter- Jordan’s vision was to create a pag- arrange for specialist doctors, used by national, a wholly-owned subsidiary, eant for girls and women with disabil- many of their employees, to hold office has been providing high-quality finan- ities. In 2007, she founded the Miss hours on-site. These efforts have been cial services for Pitney Bowes cus- Amazing Pageant. Now in its fourth

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2641 year, the annual pageant encourages transmitting, pursuant to law, the report of Bandon, OR’’ ((RIN1625—AA09)(Docket No. girls and women with disabilities to de- a rule entitled ‘‘Disaster Home Loans: FEMA USG—2009—0839)) received in the Office of velop their public speaking skills and Interaction’’ (RIN3245—AF97) as received in the President of the Senate on April 21, 2010; to build a positive self-image. the Office of the President of the Senate on to the Committee on Commerce, Science, April 21, 2010; to the Committee on Banking, and Transportation. The Miss Amazing Pageant not only Housing, and Urban Affairs. EC–5611. A communication from the Attor- provides girls and women with disabil- EC–5603. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department ities with opportunities to shine, but ney, U.S. Coast Guard, Department of Home- of Homeland Security, transmitting, pursu- also makes a clear difference in the land Security, transmitting, pursuant to ant to law, the report of a rule entitled community. Each participant in the law, the report of a rule entitled ‘‘Safety ‘‘Drawbridge Operation Regulations; Chester Miss Amazing Pageant is asked to do- Zones; March Fireworks Displays within the River, Chestertown, MD’’ ((RIN1625— nate four cans of food. This food is then Captain of the Port Puget Sound Area of Re- AA09)(Docket No. USG—2009—0796)) received sponsibility (AOR)’’ ((RIN1625—AA00)(Docket in the Office of the President of the Senate given to people in need. Jordan’s pag- No. USG—2010—0143)) received in the Office on April 21, 2010; to the Committee on Com- eant also gives back the money raised of the President of the Senate on April 21, merce, Science, and Transportation. through ticket sales and silent auc- 2010; to the Committee on Commerce, EC–5612. A communication from the Attor- tions. Since 2007, Jordan’s pageant has Science, and Transportation. ney Advisor, U.S. Coast Guard, Department generously donated $15,000 to various EC–5604. A communication from the Attor- of Homeland Security, transmitting, pursu- community organizations. ney Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘Se- I am pleased to recognize Jordan as a of Homeland Security, transmitting, pursu- curity Zone; Freeport LNG Basin, Freeport, ant to law, the report of a rule entitled TX’’ ((RIN1625—AA87)(Docket No. USG— winner of the National Youth Service ‘‘Safety Zone; Dive Platform, Pago Pago 2008—0124)) received in the Office of the Award for Global Youth Service Day. It Harbor, American Samoa’’ ((RIN1625— President of the Senate on April 21, 2010; to was a special honor for me to nominate AA00)(Docket No. USG—2010—0002)) received the Committee on Commerce, Science, and someone so deserving of this award. in the Office of the President of the Senate Transportation. Her service and leadership through the on April 21, 2010; to the Committee on Com- EC–5613. A communication from the Attor- Miss Amazing Pageant has made a dif- merce, Science, and Transportation. ney Advisor, U.S. Coast Guard, Department ference in the lives of individuals with EC–5605. A communication from the Attor- of Homeland Security, transmitting, pursu- ney Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘Se- disabilities and in Nebraska commu- of Homeland Security, transmitting, pursu- curity Zone; Brazos River, Freeport, TX’’ nities. ant to law, the report of a rule entitled ((RIN1625—AA87)(Docket No. USG—2009— I want to express my personal con- ‘‘Safety Zone; Lake Mead Intake Construc- 0501)) received in the Office of the President gratulations to Jordan on her National tion; Lake Mead, Boulder City, NV’’ of the Senate on April 21, 2010; to the Com- Youth Service Award. I commend her ((RIN1625—AA00)(Docket No. USG—2009— mittee on Commerce, Science, and Transpor- for the worthy example she is setting 1031)) received in the Office of the President tation. for other young people and wish her all of the Senate on April 21, 2010; to the Com- EC–5614. A communication from the Attor- the best in her future endeavors.∑ mittee on Commerce, Science, and Transpor- ney Advisor, U.S. Coast Guard, Department tation. of Homeland Security, transmitting, pursu- f EC–5606. A communication from the Attor- ant to law, the report of a rule entitled ‘‘Se- ney Advisor, U.S. Coast Guard, Department curity Zone; Freeport Channel Entrance, MESSAGES FROM THE PRESIDENT of Homeland Security, transmitting, pursu- Freeport, TX’’ ((RIN1625—AA87)(Docket No. Messages from the President of the ant to law, the report of a rule entitled USG—2008—0125)) received in the Office of United States were communicated to ‘‘Safety Zone; NASSCO Launching of USNS the President of the Senate on April 21, 2010; the Senate by Mr. Pate, one of his sec- Charles Drew, San Diego Bay, San Diego, to the Committee on Commerce, Science, CA’’ ((RIN1625—AA00)(Docket No. USG— and Transportation. retaries. 2010—0093)) received in the Office of the EC–5615. A communication from the Assist- f President of the Senate on April 21, 2010; to ant Administrator for Fisheries, National the Committee on Commerce, Science, and Marine Fisheries Service, Department of EXECUTIVE MESSAGES REFERRED Transportation. Commerce, transmitting, pursuant to law, As in executive session the Presiding EC–5607. A communication from the Attor- the report of a rule entitled ‘‘Fisheries of the ney Advisor, U.S. Coast Guard, Department Northeastern United States; Northeast Officer laid before the Senate messages of Homeland Security, transmitting, pursu- Multispecies Fishery; Framework Adjust- from the President of the United ant to law, the report of a rule entitled ment 44’’ (RIN0648—AY29) received in the Of- States submitting sundry nominations ‘‘Regulated Navigation Area: Narragansett fice of the President of the Senate on April which were referred to the appropriate Bay, RI and Mount Hope Bay, RI and MA, In- 21, 2010; to the Committee on Commerce, committees. cluding the Providence River and Taunton Science, and Transportation. (The nominations received today are River’’ ((RIN1625—AA11)(Docket No. USG— EC–5616. A communication from the Assist- printed at the end of the Senate pro- 2009—0143)) received in the Office of the ant Administrator for Fisheries, National Marine Fisheries Service, Department of ceedings.) President of the Senate on April 21, 2010; to the Committee on Commerce, Science, and Commerce, transmitting, pursuant to law, f Transportation. the report of a rule entitled ‘‘Fisheries of the EC–5608. A communication from the Attor- Northeastern United States; Black Sea Bass MESSAGE FROM THE HOUSE ney Advisor, U.S. Coast Guard, Department Recreational Fishery; Emergency Rule Cor- ENROLLED BILL SIGNED of Homeland Security, transmitting, pursu- rection and Extension’’ (RIN0648—AY23) re- ant to law, the report of a rule entitled ceived in the Office of the President of the At 7:05 p.m., a message from the ‘‘Regulated Navigation Area; U.S. Navy Sub- Senate on April 21, 2010; to the Committee on House of Representatives, delivered by marines, Hood Canal, WA’’ ((RIN1625— Commerce, Science, and Transportation. Mr. Novotny, one of its reading clerks, AA11)(Docket No. USG—2009—1058)) received EC–5617. A communication from the Assist- announced that the Speaker has signed in the Office of the President of the Senate ant Administrator for Fisheries, National the following enrolled bill: on April 21, 2010; to the Committee on Com- Marine Fisheries Service, Department of S. 1963. An act to amend title 38, United merce, Science, and Transportation. Commerce, transmitting, pursuant to law, States Code, to provide assistance to care- EC–5609. A communication from the Attor- the report of a rule entitled ‘‘Magnuson— givers of veterans, to improve the provision ney Advisor, U.S. Coast Guard, Department Stevens Act Provisions; Fisheries of the of health care to veterans, and for other pur- of Homeland Security, transmitting, pursu- Northeastern United States; Northeast poses. ant to law, the report of a rule entitled Multispecies Fishery; 2010 Sector Operations ‘‘Regulated Navigation Area; Hudson River Plans and Contracts, and Allocation of f South of the Troy Locks, New York’’ Northeast Multispecies Annual Catch Enti- ((RIN1625—AA11)(Docket No. USG—2010— tlements’’ (RIN0648—XS55) received in the EXECUTIVE AND OTHER 0009)) received in the Office of the President Office of the President of the Senate on April COMMUNICATIONS of the Senate on April 21, 2010; to the Com- 21, 2010; to the Committee on Commerce, The following communications were mittee on Commerce, Science, and Transpor- Science, and Transportation. laid before the Senate, together with tation. EC–5618. A communication from the Acting EC–5610. A communication from the Attor- Director of Sustainable Fisheries, National accompanying papers, reports, and doc- ney Advisor, U.S. Coast Guard, Department Marine Fisheries Service, Department of uments, and were referred as indicated: of Homeland Security, transmitting, pursu- Commerce, transmitting, pursuant to law, EC–5602. A communication from the Dep- ant to law, the report of a rule entitled the report of a rule entitled ‘‘Fisheries of the uty General Counsel, Office of Disaster As- ‘‘Drawbridge Operation Regulations; Exclusive Economic Zone Off Alaska; Pacific sistance, Small Business Administration, Bullards Ferry Bridge, Coquille River, Cod by Catcher Vessels Using Trawl Gear in

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2642 CONGRESSIONAL RECORD — SENATE April 26, 2010 the Bearing Sea and Aleutian Islands Man- H.R. 3537. A bill to amend and reauthorize ADDITIONAL COSPONSORS agement Area’’ (RIN0648—XV62) received in the Junior Duck Stamp Conservation and S. 46 the Office of the President of the Senate on Design Program Act of 1994 (Rept. No. 111– April 21, 2010; to the Committee on Com- 174). At the request of Mr. ENSIGN, the merce, Science, and Transportation. By Mr. CONRAD, from the Committee on name of the Senator from Connecticut EC–5619. A communication from the Acting the Budget, without amendment: (Mr. DODD) was added as a cosponsor of Director of Sustainable Fisheries, National S. Con. Res. 60. An original concurrent res- S. 46, a bill to amend title XVIII of the Marine Fisheries Service, Department of olution setting forth the congressional budg- Social Security Act to repeal the Medi- Commerce, transmitting, pursuant to law, et for the United States Government for fis- the report of a rule entitled ‘‘Fisheries in the care outpatient rehabilitation therapy cal year 2011, revising the appropriate budg- caps. Western Pacific; Hawaii Bottomfish and Sea- etary levels for fiscal year 2010, and setting S. 729 mount Groundfish Fisheries; Fishery Clo- forth the appropriate budgetary levels for sure’’ (RIN0648—XU60) received in the Office fiscal years 2012 through 2015. At the request of Mr. DURBIN, the of the President of the Senate on April 21, name of the Senator from Delaware 2010; to the Committee on Commerce, (Mr. CARPER) was added as a cosponsor Science, and Transportation. f EC–5620. A communication from the Acting of S. 729, a bill to amend the Illegal Im- Director of Sustainable Fisheries, National INTRODUCTION OF BILLS AND migration Reform and Immigrant Re- Marine Fisheries Service, Department of JOINT RESOLUTIONS sponsibility Act of 1996 to permit Commerce, transmitting, pursuant to law, States to determine State residency for the report of a rule entitled ‘‘Fisheries of the The following bills and joint resolu- higher education purposes and to au- Caribbean, Gulf of Mexico, and South Atlan- tions were introduced, read the first thorize the cancellation of removal and tic; Snapper-Grouper Fishery of the South and second times by unanimous con- adjustment of status of certain alien Atlantic; Closure’’ (RIN0648—XU96) received sent, and referred as indicated: in the Office of the President of the Senate students who are long-term United By Mr. SCHUMER: on April 21, 2010; to the Committee on Com- States residents and who entered the S. 3256. A bill to require a study to deter- merce, Science, and Transportation. United States as children, and for mine the feasibility of mitigating damages EC–5621. A communication from the Dep- other purposes. uty Assistant Administrator for Regulatory relating to Federal navigation work con- S. 753 Programs, National Marine Fisheries Serv- ducted at Oklahoma Beach in the State of ice, Department of Commerce, transmitting, New York; to the Committee on Environ- At the request of Mr. SCHUMER, the pursuant to law, the report of a rule entitled ment and Public Works. name of the Senator from Oregon (Mr. ‘‘Magnuson-Stevens Fishery Conservation By Mr. ENZI (for himself and Ms. MERKLEY) was added as a cosponsor of and Management Act Provisions; Fisheries LANDRIEU): S. 753, a bill to prohibit the manufac- of the Northeastern United States; North- S. 3257. A bill to authorize the Department ture, sale, or distribution in commerce east (NE) Multispecies Fishery; Amendment of Labor’s voluntary protection program and to expand the program to include more small of children’s food and beverage con- 16’’ (RIN0648—AW72) received in the Office of tainers composed of bisphenol A, and the President of the Senate on April 21, 2010; businesses; to the Committee on Health, to the Committee on Commerce, Science, Education, Labor, and Pensions. for other purposes. and Transportation. By Mr. REED: S. 950 EC–5622. A communication from the Chair- S. 3258. A bill to amend the securities laws At the request of Mrs. LINCOLN, the man of the Federal Energy Regulatory Com- to modernize and strengthen investor protec- name of the Senator from Nevada (Mr. mission, transmitting, pursuant to law, a re- tion, and for other purposes; to the Com- ENSIGN) was added as a cosponsor of S. port relative to the Government in the Sun- mittee on Banking, Housing, and Urban Af- 950, a bill to amend title XVIII of the shine Act; to the Committee on Homeland fairs. Social Security Act to authorize phys- Security and Governmental Affairs. By Mr. KOHL (for himself, Mr. LEAHY, EC–5623. A communication from the Chief and Mr. HATCH): ical therapists to evaluate and treat Privacy Officer, Privacy Office, Department S. 3259. A bill to amend subtitle A of the Medicare beneficiaries without a re- of Homeland Security, transmitting, pursu- Antitrust Criminal Penalty Enhancement quirement for a physician referral, and ant to law, a report entitled ‘‘Privacy Office and Reform Act of 2004 to make the oper- for other purposes. Second Quarter Fiscal Year 2010 Report to ation of such subtitle permanent law; to the S. 1111 Congress’’; to the Committee on Homeland Committee on the Judiciary. Security and Governmental Affairs. At the request of Mr. ROCKEFELLER, By Mr. HARKIN (for himself, Ms. the name of the Senator from South EC–5624. A communication from the Staff KLOBUCHAR, and Mr. FRANKEN): Director, United States Commission on Civil S. 3260. A bill to enhance and further re- Dakota (Mr. JOHNSON) was added as a Rights, transmitting, pursuant to law, the search into the prevention and treatment of cosponsor of S. 1111, a bill to require report of the appointment of members to the eating disorders, to improve access to treat- the Secretary of Health and Human Washington Advisory Committee; to the ment of eating disorders, and for other pur- Services to enter into agreements with Committee on the Judiciary. poses; to the Committee on Health, Edu- EC–5625. A communication from the Assist- States to resolve outstanding claims cation, Labor, and Pensions. ant Attorney General, Office of Legislative for reimbursement under the Medicare Affairs, Department of Justice, transmit- program relating to the Special Dis- ting, pursuant to law, a report entitled ‘‘Re- f ability Workload project. port of the Attorney General to the Congress S. 1160 of the United States on the Administration SUBMISSION OF CONCURRENT AND At the request of Mr. SCHUMER, the of the Foreign Agents Registration Act of SENATE RESOLUTIONS name of the Senator from West Vir- 1938, as amended for the six months ending June 30, 2009’’; to the Committee on the Judi- The following concurrent resolutions ginia (Mr. BYRD) was added as a co- ciary. and Senate resolutions were read, and sponsor of S. 1160, a bill to provide EC–5626. A communication from the Dep- referred (or acted upon), as indicated: housing assistance for very low-income uty General Counsel, Office of Technology, By Mrs. MURRAY (for herself and Ms. veterans. Small Business Administration, transmit- CANTWELL): S. 1190 ting, pursuant to law, the report of a rule en- S. Res. 500. A resolution expressing the sin- At the request of Mr. BINGAMAN, the titled ‘‘Small Business Innovation Research cere condolences of the Senate to the family, name of the Senator from Texas (Mr. Program Policy Directive’’ (RIN3245—AF74) loved ones, United Steelworkers, fellow CORNYN) was added as a cosponsor of S. received in the Office of the President of the workers, and the Anacortes community on Senate on April 21, 2010; to the Committee on the tragedy at the Tesoro refinery in 1190, a bill to provide financial aid to Small Business and Entrepreneurship. Anacortes, Washington; considered and local law enforcement officials along f agreed to. the Nation’s borders, and for other pur- poses. REPORTS OF COMMITTEES By Mr. CONRAD: S. Con. Res. 60. An original concurrent res- S. 1215 The following reports of committees olution setting forth the congressional budg- At the request of Mr. CASEY, the were submitted: et for the United States Government for fis- name of the Senator from New Jersey cal year 2011, revising the appropriate budg- By Mrs. BOXER, from the Committee on (Mr. LAUTENBERG) was added as a co- etary levels for fiscal year 2010, and setting Environment and Public Works, without sponsor of S. 1215, a bill to amend the amendment: forth the appropriate budgetary levels for H.R. 509. To reauthorize the Marine Turtle fiscal years 2012 through 2015; from the Com- Safe Drinking Water Act to repeal a Conservation Act of 2004, and for other pur- mittee on the Budget; placed on the cal- certain exemption for hydraulic frac- poses (Rept. No. 111—173). endar. turing, and for other purposes.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2643 S. 1233 MERKLEY) was added as a cosponsor of 1997 does not limit a contracting offi- At the request of Ms. LANDRIEU, the S. 2869, a bill to increase loan limits for cer’s discretion regarding whether to names of the Senator from California small business concerns, to provide for make a contract available for award (Mrs. BOXER) and the Senator from Or- low interest refinancing for small busi- pursuant to any of the restricted com- egon (Mr. MERKLEY) were added as co- ness concerns, and for other purposes. petition programs authorized by the sponsors of S. 1233, a bill to reauthorize S. 2989 Small Business Act. and improve the SBIR and STTR pro- At the request of Ms. LANDRIEU, the S. 3201 grams and for other purposes. name of the Senator from California At the request of Mr. UDALL of Colo- S. 1241 (Mrs. BOXER) was added as a cosponsor rado, the name of the Senator from Or- At the request of Mr. INHOFE, the of S. 2989, a bill to improve the Small egon (Mr. MERKLEY) was added as a co- name of the Senator from Idaho (Mr. Business Act, and for other purposes. sponsor of S. 3201, a bill to amend title CRAPO) was added as a cosponsor of S. S. 3035 10, United States Code, to extend TRICARE coverage to certain depend- 1241, a bill to amend Public Law 106–206 At the request of Mr. BAUCUS, the to direct the Secretary of the Interior name of the Senator from Washington ents under the age of 26. S. 3241 and the Secretary of Agriculture to re- (Ms. CANTWELL) was added as a cospon- quire annual permits and assess annual sor of S. 3035, a bill to require a report At the request of Mr. BROWN of Ohio, fees for commercial filming activities on the establishment of a Polytrauma the name of the Senator from Vermont on Federal land for film crews of 5 per- Rehabilitation Center or Polytrauma (Mr. SANDERS) was added as a cospon- sons or fewer. Network Site of the Department of sor of S. 3241, a bill to provide for a S. 1371 Veterans Affairs in the northern Rock- safe, accountable, fair, and efficient banking system, and for other pur- At the request of Mr. NELSON of Flor- ies or Dakotas, and for other purposes. ida, the name of the Senator from Flor- poses. S. 3065 ida (Mr. LEMIEUX) was added as a co- S. 3244 At the request of Mr. LIEBERMAN, the sponsor of S. 1371, a bill to amend the At the request of Mr. FEINGOLD, the name of the Senator from Colorado Internal Revenue Code of 1986 to pro- name of the Senator from Ohio (Mr. (Mr. BENNET) was added as a cosponsor vide for clean renewable water supply BROWN) was added as a cosponsor of S. of S. 3065, a bill to amend title 10, bonds. 3244, a bill to provide that Members of United States Code, to enhance the Congress shall not receive a cost of liv- S. 1611 readiness of the Armed Forces by re- At the request of Mr. GREGG, the ing adjustment in pay during fiscal placing the current policy concerning year 2011. name of the Senator from Arkansas homosexuality in the Armed Forces, S. 3254 (Mr. PRYOR) was added as a cosponsor referred to as ‘‘Don’t Ask, Don’t Tell’’, of S. 1611, a bill to provide collective At the request of Mr. BROWN of Ohio, with a policy of nondiscrimination on the name of the Senator from Min- bargaining rights for public safety offi- the basis of sexual orientation. cers employed by States or their polit- nesota (Mr. FRANKEN) was added as a ical subdivisions. S. 3079 cosponsor of S. 3254, a bill to amend the At the request of Mr. MERKLEY, the S. 1859 Fair Labor Standards Act of 1938 to re- name of the Senator from New York At the request of Mr. ROCKEFELLER, quire persons to keep records of non- the name of the Senator from Iowa (Mrs. GILLIBRAND) was added as a co- employees who perform labor or serv- sponsor of S. 3079, a bill to assist in the (Mr. HARKIN) was added as a cosponsor ices for remuneration and to provide a of S. 1859, a bill to reinstate Federal creation of new jobs by providing fi- special penalty for persons who matching of State spending of child nancial incentives for owners of com- misclassify employees as non-employ- support incentive payments. mercial buildings and multifamily resi- ees, and for other purposes. dential buildings to retrofit their S. 1966 f buildings with energy efficient building At the request of Mr. DODD, the name equipment and materials and for other STATEMENTS ON INTRODUCED of the Senator from New York (Mrs. purposes. BILLS AND JOINT RESOLUTIONS GILLIBRAND) was added as a cosponsor of S. 1966, a bill to provide assistance S. 3106 By Mr. ENZI (for himself and Ms. to improve the health of newborns, At the request of Mrs. HAGAN, the LANDRIEU): S. 3257. A bill to authorize the De- children, and mothers in developing name of the Senator from Nebraska partment of Labor’s voluntary protec- countries, and for other purposes. (Mr. JOHANNS) was added as a cospon- sor of S. 3106, a bill to authorize States tion program and to expand the pro- S. 2725 gram to include more small businesses; At the request of Mrs. FEINSTEIN, the to exempt certain nonprofit housing organizations from the licensing re- to the Committee on Health, Edu- name of the Senator from Massachu- cation, Labor, and Pensions. setts (Mr. KERRY) was added as a co- quirements of the S.A.F.E. Mortgage Licensing Act of 2008. Mr. ENZI. Mr. President, I rise today sponsor of S. 2725, a bill to provide for to introduce legislation with Senator S. 3117 fairness for the Federal judiciary. LANDRIEU known as the Voluntary Pro- At the request of Mr. WYDEN, the S. 2737 tection Program Act. This bill will cod- name of the Senator from Arkansas At the request of Mr. SPECTER, his ify the Voluntary Protection Program, (Mr. PRYOR) was added as a cosponsor name was added as a cosponsor of S. or VPP, expand it to include more of S. 3117, a bill to strengthen the ca- 2737, a bill to relocate to Jerusalem the small businesses, and incorporate re- pacity of eligible institutions to pro- United States Embassy in Israel, and cent GAO recommendations for pro- vide instruction in nanotechnology. for other purposes. gram improvements. S. 2807 S. 3165 No program has been more successful At the request of Mr. CORNYN, the At the request of Ms. LANDRIEU, the in creating such a culture of safety in name of the Senator from Nebraska name of the Senator from Oregon (Mr. the workplace than VPP. Since it was (Mr. JOHANNS) was added as a cospon- MERKLEY) was added as a cosponsor of created in 1982, Republican and Demo- sor of S. 2807, a bill to ensure that the S. 3165, a bill to authorize the Adminis- crat administrations alike have fos- victims and victims’ families of the trator of the Small Business Adminis- tered its growth to now 2,284 worksites, November 5, 2009, attack at Fort Hood, tration to waive the non-Federal share a quarter of which are unionized, and it Texas, receive the same treatment, requirement under certain programs. covers almost a million employees. The benefits, and honors as those Ameri- S. 3190 bipartisan support for VPP continues cans who have been killed or wounded At the request of Ms. LANDRIEU, the into this Congress. Last week, the Sen- in a combat zone overseas and their names of the Senator from Oregon (Mr. ate Budget Committee unanimously families. MERKLEY) and the Senator from Alaska approved an amendment to preserve S. 2869 (Mr. BEGICH) were added as cosponsors VPP budget authority and Chairman At the request of Ms. LANDRIEU, the of S. 3190, a bill to reaffirm that the CONRAD noted that the program actu- name of the Senator from Oregon (Mr. Small Business Reauthorization Act of ally saves taxpayer dollars.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2644 CONGRESSIONAL RECORD — SENATE April 26, 2010 Worksites that pass the rigorous we must have the debate on Wall eral Rules of Civil Procedure shall not apply evaluation process and become VPP Street reform. The nearly 1⁄2 of all U.S. to a subpoena issued under the preceding sites have an average Days Away Re- households that own securities deserve sentence.’’. (3) INVESTMENT COMPANY ACT OF 1940.—Sec- stricted or Transferred, DART, case a strong cop on the beat that has the tion 44 of the Investment Company Act of rate of 52 percent below the average for tools it needs to go after swindlers and 1940 (15 U.S.C. 80a–43) is amended by insert- its industry. In recent years, smaller scam artists, and pursue the difficult ing after the fourth sentence the following: worksites have made significant strides cases arising from our increasingly ‘‘In any action or proceeding instituted by in VPP, increasing from 28 percent of complex financial markets. Our econo- the Commission under this title in a United VPP sites in 2003 to 39 percent in 2008. my’s success depends in no small part States district court for any judicial district, The innovative program doesn’t just on restoring confidence in our capital a subpoena issued to compel the attendance keep employees safer; as I have noted, markets and a smoothly operating cap- of a witness or the production of documents or tangible things (or both) at a hearing or it also saves both the VPP companies ital formation process. trial may be served at any place within the and the taxpayers money. In 2007, Fed- The bill I am introducing this after- United States. Rule 45(c)(3)(A)(ii) of the Fed- eral Agency VPP participants saved noon, the Modernizing and Strength- eral Rules of Civil Procedure shall not apply the government more than $59 million ening Investor Protection Act, would to a subpoena issued under the preceding by avoiding injuries and private sector improve the ability of the SEC to pro- sentence.’’. VPP participants saved more than $300 tect investors by strengthening its (4) INVESTMENT ADVISERS ACT OF 1940.—Sec- million. Additionally, when workplaces ability to bring enforcement actions, tion 214 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–14) is amended by insert- make the significant commitment to addressing issues revealed by the re- ing after the third sentence the following: safety required by VPP, it allows cent Madoff fraud, and modernizing its ‘‘In any action or proceeding instituted by OSHA to focus its resources where they ability to obtain critical information. the Commission under this title in a United are most needed. VPP Participant em- In particular, it would enhance the States district court for any judicial district, ployers contribute a great deal to the ability of the SEC to hire market ex- a subpoena issued to compel the attendance VPP program expenditures. VPP par- perts, strengthen oversight of fund of a witness or the production of documents ticipants have assigned approximately custodians, modernize the SEC’s abil- or tangible things (or both) at a hearing or trial may be served at any place within the 1,200 of their own employees to act as ity to obtain information from the United States. Rule 45(c)(3)(A)(ii) of the Fed- OSHA Special Government Employees, firms it oversees, and clarify and en- eral Rules of Civil Procedure shall not apply SGEs, who conduct onsite evaluations hance SEC penalties and other authori- to a subpoena issued under the preceding for OSHA. ties. sentence.’’. Despite the strong bipartisan support This legislation mirrors a bill that (b) AUTHORITY TO IMPOSE CIVIL PENALTIES for VPP and its very positive results, Representative KANJORSKI introduced IN CEASE AND DESIST PROCEEDINGS.— the need for this legislation has be- and worked to include in the House (1) UNDER THE SECURITIES ACT OF 1933.—Sec- tion 8A of the Securities Act of 1933 (15 come painfully clear. The administra- version of Wall Street reform. I urge U.S.C. 77h–1) is amended by adding at the tion’s fiscal year 2011 Budget Request my colleagues to take a look at my end the following new subsection: proposed eliminating the small amount legislation during the next few days, as ‘‘(g) AUTHORITY TO IMPOSE MONEY PEN- it takes to administer VPP—$3.125 mil- I plan to introduce it as an amendment ALTIES.— lion and sought to transfer the 35 FTEs to the Wall Street reform bill that is ‘‘(1) GROUNDS.—In any cease-and-desist it takes to run the program to other about to be considered by the Senate. proceeding under subsection (a), the Com- functions. The budget proposal stated mission may impose a civil penalty on a per- Mr. President, I ask unanimous con- son if the Commission finds, on the record, that OSHA was seeking ‘‘alternative sent that the text of the bill be printed after notice and opportunity for hearing, non-federal forms of funding’’ and in the RECORD. that— working closely with stakeholders, but, There being no objection, the text of ‘‘(A) such person— to date, no plan to secure such funding the bill was ordered to be printed in ‘‘(i) is violating or has violated any provi- has been offered by the administration the RECORD, as follows: sion of this title, or any rule or regulation or in either the House or Senate au- S. 3258 issued under this title; or ‘‘(ii) is or was a cause of the violation of thorizing committee. To the extent Be it enacted by the Senate and House of Rep- such ‘‘alternative funding’’ is bureau- any provision of this title, or any rule or reg- resentatives of the United States of America in ulation thereunder; and cratic code for a fee-based system such Congress assembled, ‘‘(B) such penalty is in the public interest. a proposal is simply not workable and SECTION 1. SHORT TITLE. ‘‘(2) MAXIMUM AMOUNT OF PENALTY.— completely counterproductive. Partici- This Act may be cited as the ‘‘Modernizing ‘‘(A) FIRST TIER.—The maximum amount of pating employers already voluntarily and Strengthening Investor Protection Act a penalty for each act or omission described absorb significant costs to participate of 2010’’. in paragraph (1) shall be $7,500 for a natural in the current program. Asking busi- SEC. 2. STRENGTHENING ENFORCEMENT BY THE person or $75,000 for any other person. nesses—particularly small businesses, COMMISSION. ‘‘(B) SECOND TIER.—Notwithstanding sub- and particularly in the current eco- (a) NATIONWIDE SERVICE OF SUBPOENAS.— paragraph (A), the maximum amount of pen- (1) SECURITIES ACT OF 1933.—Section 22(a) of alty for each such act or omission shall be nomic environment—to take on more the Securities Act of 1933 (15 U.S.C. 77v(a)) is $75,000 for a natural person or $375,000 for any costs will only result in them dropping amended by inserting after the second sen- other person, if the act or omission described out of the program. Further still, a fee- tence the following: ‘‘In any action or pro- in paragraph (1) involved fraud, deceit, ma- based system simply destroys the ceeding instituted by the Commission under nipulation, or deliberate or reckless dis- credibility and integrity of VPP par- this title in a United States district court regard of a regulatory requirement. ticipation for employees. for any judicial district, a subpoena issued to ‘‘(C) THIRD TIER.—Notwithstanding sub- I would like to thank Senator compel the attendance of a witness or the paragraphs (A) and (B), the maximum production of documents or tangible things amount of penalty for each such act or omis- LANDRIEU for working with me on this (or both) at a hearing or trial may be served sion shall be $150,000 for a natural person or important legislation. at any place within the United States. Rule $725,000 for any other person, if— 45(c)(3)(A)(ii) of the Federal Rules of Civil ‘‘(i) the act or omission described in para- By Mr. REED: Procedure shall not apply to a subpoena graph (1) involved fraud, deceit, manipula- S. 3258. A bill to amend the securities issued under the preceding sentence.’’. tion, or deliberate or reckless disregard of a laws to modernize and strengthen in- (2) SECURITIES EXCHANGE ACT OF 1934.—Sec- regulatory requirement; and vestor protection, and for other pur- tion 27 of the Securities Exchange Act of 1934 ‘‘(ii) such act or omission directly or indi- poses; to the Committee on Banking, (15 U.S.C. 78aa) is amended by inserting after rectly resulted in— Housing, and Urban Affairs. the third sentence the following: ‘‘In any ac- ‘‘(I) substantial losses or created a signifi- Mr. REED. Mr. President, the recent tion or proceeding instituted by the Commis- cant risk of substantial losses to other per- lawsuit by the Securities and Exchange sion under this title in a United States dis- sons; or Commission, SEC, against Goldman trict court for any judicial district, a sub- ‘‘(II) substantial pecuniary gain to the per- poena issued to compel the attendance of a son who committed the act or omission. Sachs underscores that much still witness or the production of documents or ‘‘(3) EVIDENCE CONCERNING ABILITY TO needs to be done to improve trans- tangible things (or both) at a hearing or trial PAY.—In any proceeding in which the Com- parency and restore confidence in our may be served at any place within the mission may impose a penalty under this financial system. Indeed, that is why United States. Rule 45(c)(3)(A)(ii) of the Fed- section, a respondent may present evidence

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2645 of the ability of the respondent to pay such (E) by adding at the end the following new Act of 2002 (15 U.S.C. 7201(9)) is amended by penalty. The Commission may, in its discre- subparagraph: adding at the end the following: tion, consider such evidence in determining ‘‘(B) CEASE-AND-DESIST PROCEEDINGS.—In ‘‘(C) INVESTIGATIVE AND ENFORCEMENT AU- whether such penalty is in the public inter- any proceeding instituted pursuant to sub- THORITY.—For purposes of sections 3(c), est. Such evidence may relate to the extent section (k) against any person, the Commis- 101(c), 105, and 107(c) and the rules of the of the ability of the respondent to continue sion may impose a civil penalty if the Com- Board and Commission issued thereunder, in business and the collectability of a pen- mission finds, on the record, after notice and except to the extent specifically excepted by alty, taking into account any other claims of opportunity for hearing, that such person— such rules, the terms defined in subpara- the United States or third parties upon the ‘‘(i) is violating or has violated any provi- graph (A) shall include any person associ- assets of the respondent and the amount of sion of this title, or any rule or regulation ated, seeking to become associated, or for- the assets of the respondent.’’. issued under this title; or merly associated with a public accounting (2) UNDER THE SECURITIES EXCHANGE ACT OF ‘‘(ii) is or was a cause of the violation of firm, except that— 1934.—Section 21B(a) of the Securities Ex- any provision of this title, or any rule or reg- ‘‘(i) the authority to conduct an investiga- change Act of 1934 (15 U.S.C. 78u–2(a)) is ulation issued under this title.’’. tion of such person under section 105(b) shall amended— (c) FORMERLY ASSOCIATED PERSONS.— apply only with respect to any act or prac- (A) by striking the matter immediately (1) MEMBER OR EMPLOYEE OF THE MUNICIPAL tice, or omission to act, by the person while following paragraph (4); SECURITIES RULEMAKING BOARD.—Section such person was associated or seeking to be- (B) in the matter preceding paragraph (1), 15B(c)(8) of the Securities Exchange Act of come associated with a registered public ac- by inserting after ‘‘opportunity for hearing,’’ 1934 (15 U.S.C. 78o–4(c)(8)) is amended by counting firm; and the following: ‘‘that such penalty is in the striking ‘‘any member or employee’’ and in- ‘‘(ii) the authority to commence a discipli- public interest and’’; serting ‘‘any person who is, or at the time of nary proceeding under section 105(c)(1), or (C) by redesignating paragraphs (1) the alleged violation or abuse was, a member impose sanctions under section 105(c)(4), through (4) as subparagraphs (A) through or employee’’. against such person shall apply only with re- (D), respectively, and adjusting the subpara- (2) PERSON ASSOCIATED WITH A GOVERNMENT spect to— graph margins accordingly; SECURITIES BROKER OR DEALER.—Section ‘‘(I) conduct occurring while such person (D) by striking ‘‘In any proceeding’’ and in- 15C(c) of the Securities Exchange Act of 1934 was associated or seeking to become associ- serting the following: (15 U.S.C. 78o–5(c)) is amended— ated with a registered public accounting ‘‘(1) IN GENERAL.—In any proceeding’’; and (A) in paragraph (1)(C), by striking ‘‘any firm; or (E) by adding at the end the following: person associated, or seeking to become as- ‘‘(II) non-cooperation, as described in sec- ‘‘(2) CEASE-AND-DESIST PROCEEDINGS.—In sociated,’’ and inserting ‘‘any person who is, tion 105(b)(3), with respect to a demand in a any proceeding instituted under section 21C or at the time of the alleged misconduct was, Board investigation for testimony, docu- against any person, the Commission may im- associated or seeking to become associated’’; ments, or other information relating to a pe- pose a civil penalty, if the Commission finds, and riod when such person was associated or on the record after notice and opportunity (B) in paragraph (2)— seeking to become associated with a reg- for hearing, that such person— (i) in subparagraph (A), by inserting ‘‘, istered public accounting firm.’’. ‘‘(A) is violating or has violated any provi- seeking to become associated, or, at the time (B) SECURITIES EXCHANGE ACT OF 1934 sion of this title, or any rule or regulation of the alleged misconduct, associated or AMENDMENT.—Section 21(a)(1) of the Securi- issued under this title; or seeking to become associated’’ after ‘‘any ties Exchange Act of 1934 (15 U.S.C. 78u(a)(1)) ‘‘(B) is or was a cause of the violation of person associated’’; and is amended by striking ‘‘or a person associ- any provision of this title, or any rule or reg- (ii) in subparagraph (B), by inserting ‘‘, ated with such a firm’’ and inserting ‘‘, a per- ulation issued under this title.’’. seeking to become associated, or, at the time son associated with such a firm, or, as to any (3) UNDER THE INVESTMENT COMPANY ACT OF of the alleged misconduct, associated or act, practice, or omission to act, while asso- 1940.—Section 9(d)(1) of the Investment Com- seeking to become associated’’ after ‘‘any ciated with such firm, a person formerly as- pany Act of 1940 (15 U.S.C. 80a–9(d)(1)) is person associated’’. sociated with such a firm’’. amended— (3) PERSON ASSOCIATED WITH A MEMBER OF A (8) SUPERVISORY PERSONNEL OF AN AUDIT (A) by striking the matter immediately NATIONAL SECURITIES EXCHANGE OR REG- FIRM.—Section 105(c)(6) of the Sarbanes- following subparagraph (C); ISTERED SECURITIES ASSOCIATION.—Section Oxley Act of 2002 (15 U.S.C. 7215(c)(6)) is (B) in the matter preceding subparagraph 21(a)(1) of the Securities Exchange Act of amended— (A), by inserting after ‘‘opportunity for hear- 1934 (15 U.S.C. 78u(a)(1)) is amended, in the (A) in subparagraph (A), by striking ‘‘the ing,’’ the following: ‘‘that such penalty is in first sentence, by inserting ‘‘, or, as to any supervisory personnel’’ and inserting ‘‘any the public interest, and’’; act or practice, or omission to act, while as- person who is, or at the time of the alleged (C) by redesignating subparagraphs (A) sociated with a member, formerly associ- failure reasonably to supervise was, a super- through (C) as clauses (i) through (iii), re- ated’’ after ‘‘member or a person associ- visory person’’; and spectively, and adjusting the clause margins ated’’. (B) in subparagraph (B)— accordingly; (4) PARTICIPANT OF A REGISTERED CLEARING (i) by striking ‘‘No associated person’’ and (D) by striking ‘‘In any proceeding’’ and in- AGENCY.—Section 21(a)(1) of the Securities inserting ‘‘No current or former supervisory serting the following: Exchange Act of 1934 (15 U.S.C. 78u(a)(1)) is person’’; and ‘‘(A) IN GENERAL.—In any proceeding’’; and amended, in the first sentence, by inserting (ii) by striking ‘‘any other person’’ and in- (E) by adding at the end the following: ‘‘or, as to any act or practice, or omission to serting ‘‘any associated person’’. ‘‘(B) CEASE-AND-DESIST PROCEEDINGS.—In act, while a participant, was a participant,’’ (9) MEMBER OF THE PUBLIC COMPANY AC- any proceeding instituted pursuant to sub- after ‘‘in which such person is a partici- COUNTING OVERSIGHT BOARD.—Section section (f) against any person, the Commis- pant,’’. 107(d)(3) of the Sarbanes-Oxley Act of 2002 (15 sion may impose a civil penalty if the Com- (5) OFFICER OR DIRECTOR OF A SELF-REGU- U.S.C. 7217(d)(3)) is amended by striking mission finds, on the record, after notice and LATORY ORGANIZATION.—Section 19(h)(4) of ‘‘any member’’ and inserting ‘‘any person opportunity for hearing, that such person— the Securities Exchange Act of 1934 (15 who is, or at the time of the alleged mis- ‘‘(i) is violating or has violated any provi- U.S.C. 78s(h)(4)) is amended— conduct was, a member’’. sion of this title, or any rule or regulation (A) by striking ‘‘any officer or director’’ (d) EXTRATERRITORIAL JURISDICTION OF THE issued under this title; or and inserting ‘‘any person who is, or at the ANTIFRAUD PROVISIONS OF THE FEDERAL SE- ‘‘(ii) is or was a cause of the violation of time of the alleged misconduct was, an offi- CURITIES LAWS.— any provision of this title, or any rule or reg- cer or director’’; and (1) UNDER THE SECURITIES ACT OF 1933.—Sec- ulation issued under this title.’’. (B) by striking ‘‘such officer or director’’ tion 22 of the Securities Act of 1933 (15 U.S.C. (4) UNDER THE INVESTMENT ADVISERS ACT OF and inserting ‘‘such person’’. 77v(a)) is amended by adding at the end the 1940.—Section 203(i)(1) of the Investment Ad- (6) OFFICER OR DIRECTOR OF AN INVESTMENT following new subsection: visers Act of 1940 (15 U.S.C. 80b–3(i)(1)) is COMPANY.—Section 36(a) of the Investment ‘‘(c) EXTRATERRITORIAL JURISDICTION.—The amended— Company Act of 1940 (15 U.S.C. 80a–35(a)) is district courts of the United States and the (A) by striking the undesignated matter amended— United States courts of any Territory shall immediately following subparagraph (D); (A) by striking ‘‘a person serving or act- have jurisdiction of an action or proceeding (B) in the matter preceding subparagraph ing’’ and inserting ‘‘a person who is, or at brought or instituted by the Commission or (A), by inserting after ‘‘opportunity for hear- the time of the alleged misconduct was, serv- the United States alleging a violation of sec- ing,’’ the following: ‘‘that such penalty is in ing or acting’’; and tion 17(a) involving— the public interest and’’; (B) by striking ‘‘such person so serves or ‘‘(1) conduct within the United States that (C) by redesignating subparagraphs (A) acts’’ and inserting ‘‘such person so serves or constitutes significant steps in furtherance through (D) as clauses (i) through (iv), re- acts, or at the time of the alleged mis- of the violation, even if the securities trans- spectively, and adjusting the clause margins conduct, so served or acted’’. action occurs outside the United States and accordingly; (7) PERSON ASSOCIATED WITH A PUBLIC AC- involves only foreign investors; or (D) by striking ‘‘In any proceeding’’ and in- COUNTING FIRM.— ‘‘(2) conduct occurring outside the United serting the following: (A) SARBANES-OXLEY ACT OF 2002 AMEND- States that has a foreseeable substantial ef- ‘‘(A) IN GENERAL.—In any proceeding’’; and MENT.—Section 2(a)(9) of the Sarbanes-Oxley fect within the United States.’’.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2646 CONGRESSIONAL RECORD — SENATE April 26, 2010

(2) UNDER THE SECURITIES EXCHANGE ACT OF as the person to whom such assistance is pro- ‘‘(2) CERTAIN PERSONS SUBJECT TO OTHER 1934.—Section 27 of the Securities Exchange vided.’’. REGULATION.—Any person that is subject to Act of 1934 (15 U.S.C. 78aa) is amended— (3) UNDER THE INVESTMENT ADVISERS ACT.— regulation and examination by a Federal fi- (A) by striking ‘‘The district’’ and insert- Section 209 of the Investment Advisers Act nancial institution regulatory agency (as ing the following: of 1940 (15 U.S.C. 80b–9) is amended by insert- such term is defined under section 212(c)(2) of ‘‘(a) IN GENERAL.—The district’’; and ing at the end the following new subsection: title 18, United States Code) may satisfy any (B) by adding at the end the following new ‘‘(f) AIDING AND ABETTING.—For purposes of examination request, information request, or subsection: any action brought by the Commission under document request described under paragraph ‘‘(b) EXTRATERRITORIAL JURISDICTION.—The subsection (e), any person that knowingly or (1), by providing the Commission with a de- district courts of the United States and the recklessly has aided, abetted, counseled, tailed listing, in writing, of the securities, United States courts of any Territory shall commanded, induced, or procured a violation deposits, or credits of the client within the have jurisdiction of an action or proceeding of any provision of this Act, or of any rule, custody or use of such person.’’. brought or instituted by the Commission or regulation, or order hereunder, shall be (b) STREAMLINED HIRING AUTHORITY FOR the United States alleging a violation of the deemed to be in violation of such provision, MARKET SPECIALISTS.— antifraud provisions of this title involving— rule, regulation, or order to the same extent (1) APPOINTMENT AUTHORITY.—Section 3114 ‘‘(1) conduct within the United States that as the person that committed such viola- of title 5, United States Code, is amended by constitutes significant steps in furtherance tion.’’. striking the section heading and all that fol- of the violation, even if the securities trans- (4) UNDER THE SECURITIES EXCHANGE ACT OF lows through the end of subsection (a) and action occurs outside the United States and 1934.—Section 20(e) of the Securities Ex- inserting the following: involves only foreign investors; or change Act of 1934 (15 U.S.C. 78t(e)) is amend- ‘‘§ 3114. Appointment of candidates to certain ‘‘(2) conduct occurring outside the United ed by inserting ‘‘or recklessly’’ after ‘‘know- positions in the competitive service by the States that has a foreseeable substantial ef- ingly’’. Securities and Exchange Commission fect within the United States.’’. SEC. 3. ADDRESSING ISSUES REVEALED BY THE ‘‘(a) APPLICABILITY.—This section applies (3) UNDER THE INVESTMENT ADVISERS ACT OF MADOFF FRAUD. with respect to any position of accountant, 1940.—Section 214 of the Investment Advisers (a) REVISION TO RECORDKEEPING RULE.— economist, and securities compliance exam- Act of 1940 (15 U.S.C. 80b–14) is amended— (1) INVESTMENT COMPANY ACT OF 1940 AMEND- iner at the Commission that is in the com- (A) by striking ‘‘The district’’ and insert- MENTS.—Section 31 of the Investment Com- petitive service, and any position at the ing the following: pany Act of 1940 (15 U.S.C. 80a–30) is amend- Commission in the competitive service that ‘‘(a) IN GENERAL.—The district’’; and ed— requires specialized knowledge of financial (B) by adding at the end the following new (A) in subsection (a)(1), by adding at the and capital market formation or regulation, subsection: end the following: ‘‘Each person having cus- financial market structures or surveillance, ‘‘(b) EXTRATERRITORIAL JURISDICTION.—The tody or use of the securities, deposits, or or information technology.’’. district courts of the United States and the (2) CLERICAL AMENDMENT.—The table of United States courts of any Territory shall credits of a registered investment company shall maintain and preserve all records that sections for chapter 31 of title 5, United have jurisdiction of an action or proceeding States Code, is amended by striking the item brought or instituted by the Commission or relate to the custody or use by such person of the securities, deposits, or credits of the relating to section 3114 and inserting the fol- the United States alleging a violation of sec- lowing: tion 206 involving— registered investment company for such pe- ‘‘3114. Appointment of candidates to posi- ‘‘(1) conduct within the United States that riod or periods as the Commission, by rule or tions in the competitive service constitutes significant steps in furtherance regulation, may prescribe, as necessary or by the Securities and Exchange of the violation, even if the violation is com- appropriate in the public interest or for the Commission.’’. mitted by a foreign adviser and involves only protection of investors.’’; and foreign investors; or (B) in subsection (b), by adding at the end (3) PAY AUTHORITY.—The Commission may ‘‘(2) conduct occurring outside the United the following: set the rate of pay for experts and consult- States that has a foreseeable substantial ef- ‘‘(4) RECORDS OF PERSONS WITH CUSTODY OR ants appointed under the authority of sec- fect within the United States.’’. USE.— tion 3109 of title 5, United States Code, in the (e) CONTROL PERSON LIABILITY UNDER THE ‘‘(A) IN GENERAL.—Records of persons hav- same manner in which it sets the rate of pay SECURITIES EXCHANGE ACT OF 1934.—Section ing custody or use of the securities, deposits, for employees of the Commission. 20(a) of the Securities Exchange Act of 1934 or credits of a registered investment com- (c) SIPC REFORMS.— (15 U.S.C. 78t(a)) is amended by inserting pany that relate to such custody or use, are (1) REMOVING THE DISTINCTION BETWEEN after ‘‘controlled person is liable’’ the fol- subject at any time, or from time to time, to CLAIMS FOR CASH AND CLAIMS FOR SECURI- lowing: ‘‘(including to the Commission in such reasonable periodic, special, or other TIES.—The Securities Investor Protection any action brought under paragraph (1) or (3) examinations and other information and doc- Act of 1970 (15 U.S.C. 78aaa et seq.) is amend- of section 21(d))’’. ument requests by representatives of the ed— (f) AIDING AND ABETTING UNDER THE SECU- Commission, as the Commission deems nec- (A) in section 8(e)(4)(B) (15 U.S.C. 78fff- RITIES LAWS.— essary or appropriate in the public interest 2(e)(4)(B)), by striking ‘‘for cash or securi- (1) UNDER THE SECURITIES ACT OF 1933.—Sec- or for the protection of investors. ties’’; tion 15 of the Securities Act of 1933 (15 U.S.C. ‘‘(B) CERTAIN PERSONS SUBJECT TO OTHER (B) in section 9(a) (15 U.S.C. 78fff–3(a))— 77o) is amended— REGULATION.—Any person that is subject to (i) by striking paragraph (1); and (A) by striking ‘‘Every person who’’ and in- regulation and examination by a Federal fi- (ii) by redesignating paragraphs (2) serting ‘‘(a) CONTROLLING PERSONS.—Every nancial institution regulatory agency (as through (5) as paragraphs (1) through (4), re- person who’’; and such term is defined under section 212(c)(2) of spectively; and (B) by adding at the end the following: title 18, United States Code) may satisfy any (C) in section 16(2)(B) (15 U.S.C. 78lll(2)(B)), ‘‘(b) PROSECUTION OF PERSONS WHO AID AND examination request, information request, or by striking ‘‘for cash or securities’’. ABET VIOLATIONS.—For purposes of any ac- document request described under subpara- (2) LIQUIDATION OF A CARRYING BROKER- tion brought by the Commission under sub- graph (A), by providing to the Commission a DEALER.—Section 5(a)(3) of the Securities In- paragraph (b) or (d) of section 20, any person detailed listing, in writing, of the securities, vestor Protection Act of 1970 (15 U.S.C. that knowingly or recklessly provides sub- deposits, or credits of the registered invest- 78eee(a)(3)) is amended— stantial assistance to another person in vio- ment company within the custody or use of (A) by striking the undesignated matter lation of a provision of this Act, or of any such person.’’. immediately following subparagraph (B); rule or regulation issued under this Act, (2) INVESTMENT ADVISERS ACT OF 1940 AMEND- (B) in subparagraph (A), by striking ‘‘any shall be deemed to be in violation of such MENT.—Section 204 of the Investment Advis- member of SIPC’’ and inserting ‘‘the mem- provision to the same extent as the person to ers Act of 1940 (15 U.S.C. 80b–4) is amended by ber’’; whom such assistance is provided.’’. adding at the end the following new sub- (C) in subparagraph (B), by striking the (2) UNDER THE INVESTMENT COMPANY ACT OF section: comma at the end and inserting a period; 1940.—Section 48 of the Investment Company ‘‘(d) RECORDS OF PERSONS WITH CUSTODY OR (D) by striking ‘‘If SIPC’’ and inserting the Act of 1940 (15 U.S.C. 80a–48) is amended by USE.— following: redesignating subsection (b) as subsection (c) ‘‘(1) IN GENERAL.—Records of persons hav- ‘‘(A) IN GENERAL.—SIPC may, upon notice and inserting after subsection (a) the fol- ing custody or use of the securities, deposits, to a member of SIPC, file an application for lowing: or credits of a client, that relate to such cus- a protective decree with any court of com- ‘‘(b) For purposes of any action brought by tody or use, are subject at any time, or from petent jurisdiction specified in section 21(e) the Commission under subsection (d) or (e) of time to time, to such reasonable periodic, or 27 of the Securities Exchange Act of 1934, section 42, any person that knowingly or special, or other examinations and other in- except that no such application shall be filed recklessly provides substantial assistance to formation and document requests by rep- with respect to a member, the only cus- another person in violation of a provision of resentatives of the Commission, as the Com- tomers of which are persons whose claims this Act, or of any rule or regulation issued mission deems necessary or appropriate in could not be satisfied by SIPC advances pur- under this Act, shall be deemed to be in vio- the public interest or for the protection of suant to section 9, if SIPC’’; and lation of such provision to the same extent investors. (E) by adding at the end the following:

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2647

‘‘(B) CONSENT REQUIRED.—No member of 1940 (15 U.S.C. 80a–30(b)) is amended by add- department or agency, or complying with an SIPC that has a customer may enter into an ing at the end the following: order of a court of the United States in an insolvency, receivership, or bankruptcy pro- ‘‘(5) SURVEILLANCE AND RISK ASSESSMENT.— action brought by the United States or the ceeding, under Federal or State law, without All persons described in subsection (a) are Commission. For purposes of section 552 of the specific consent of SIPC.’’. subject at any time, or from time to time, to title 5, United States Code, this section shall SEC. 4. ENHANCED ABILITY OF COMMISSION TO such reasonable periodic, special, or other be considered a statute described in sub- OBTAIN NEEDED INFORMATION. information and document requests by rep- section (b)(3)(B) of such section 552. Collec- (a) INVESTMENT COMPANY EXAMINATION.— resentatives of the Commission as the Com- tion of information pursuant to section 31 Section 31(b)(1) of the Investment Company mission, by rule or order, deems necessary or shall be an administrative action involving Act of 1940 (15 U.S.C. 80a–30(b)(1)) is amended appropriate to conduct surveillance or risk an agency against specific individuals or to read as follows: assessments of the securities markets, per- agencies pursuant to section 3518(c)(1) of ‘‘(1) IN GENERAL.—The following records sons registered with the Commission under title 44, United States Code.’’; shall be subject, at any time, or from time to this title, or otherwise in furtherance of the (B) by striking subsection (d); and time, to such reasonable periodic, special, or purposes of this title.’’. (C) by redesignating subsections (e) and (f) other examinations by representatives of the (3) DOCUMENT REQUESTS.—Section 204 of the as subsections (d) and (e), respectively. Commission as the Commission deems nec- Investment Advisers Act of 1940 (15 U.S.C. (3) INVESTMENT ADVISERS ACT OF 1940.—Sec- essary or appropriate in the public interest 80b–4) is amended by adding at the end the tion 210 of the Investment Advisers Act of or for the protection of investors: following: 1940 (15 U.S.C. 80b-10) is amended by adding ‘‘(A) All records of a registered investment ‘‘(e) SURVEILLANCE AND RISK ASSESS- at the end the following: company. MENT.—All persons described in subsection ‘‘(d) LIMITATIONS ON DISCLOSURE BY THE ‘‘(B) All records of a underwriter, broker, (a) are subject at any time, or from time to COMMISSION.—Notwithstanding any other dealer, or investment adviser that is a ma- time, to such reasonable periodic, special, or provision of law, the Commission shall not jority-owned subsidiary of a registered in- other information and document requests by be compelled to disclose any records or infor- vestment company. representatives of the Commission as the mation provided to the Commission under ‘‘(C) All records required to be maintained Commission, by rule or order, deems nec- this section, or records or information based and preserved by a investment adviser that essary or appropriate to conduct surveillance upon or derived from such records or infor- mation, if such records or information have is not a majority-owned subsidiary of a reg- or risk assessments of the securities mar- been obtained by the Commission for use in istered investment company. kets, persons registered with the Commis- furtherance of the purposes of this title, in- ‘‘(D) All records required to be maintained sion under this title, or otherwise in further- cluding surveillance, risk assessments, or and preserved by a depositor of a registered ance of the purposes of this title.’’. other regulatory and oversight activities. investment company. (d) PROTECTING CONFIDENTIALITY OF MATE- Nothing in this subsection authorizes the ‘‘(E) All records required to be maintained RIALS SUBMITTED TO THE COMMISSION.— Commission to withhold information from and preserved by a principal underwriter for (1) SECURITIES EXCHANGE ACT OF 1934.—Sec- the Congress or prevent the Commission a registered investment company (other than tion 24 of the Securities Exchange Act of 1934 from complying with a request for informa- a closed-end company).’’. (15 U.S.C. 78x) is amended— tion from any other Federal department or (b) EXPANDED ACCESS TO GRAND JURY IN- (A) in subsection (d), by striking ‘‘sub- agency requesting the information for pur- FORMATION.—Chapter 215 of title 18, United section (e)’’ and inserting ‘‘subsection (f)’’; poses within the scope of jurisdiction of that States Code, is amended by adding at the end (B) by redesignating subsection (e) as sub- the following: department or agency, or complying with an section (f); and order of a court of the United States in an ‘‘§ 3323. Access to grand jury information (C) by inserting after subsection (d) the fol- action brought by the United States or the ‘‘(a) DISCLOSURE.— lowing: Commission. For purposes of section 552 of ‘‘(1) IN GENERAL.—Upon motion of an attor- ‘‘(e) RECORDS OBTAINED FROM REGISTERED title 5, United States Code, this section shall ney for the government, a court may direct PERSONS.— be considered a statute described in sub- disclosure of matters occurring before a ‘‘(1) IN GENERAL.—Except as provided in section (b)(3)(B) of such section 552. Collec- grand jury during an investigation of con- subsection (f), the Commission shall not be tion of information pursuant to section 31 duct that may constitute a violation of any compelled to disclose records or information shall be an administrative action involving provision of the securities laws to the Secu- obtained pursuant to section 17(b), or records an agency against specific individuals or rities and Exchange Commission for use in or information based upon or derived from agencies pursuant to section 3518(c)(1) of relation to any matter within the jurisdic- such records or information, if such records title 44, United States Code.’’. tion of the Commission. or information have been obtained by the (e) EXPANSION OF AUDIT INFORMATION TO BE ‘‘(2) SUBSTANTIAL NEED REQUIRED.—A court Commission for use in furtherance of the PRODUCED AND EXCHANGED.—Section 106 of may issue an order under paragraph (1) only purposes of this title, including surveillance, the Sarbanes-Oxley Act of 2002 (15 U.S.C. upon a finding of a substantial need in the risk assessments, or other regulatory and 7216) is amended— public interest. oversight activities. (1) by striking subsection (b) and inserting ‘‘(b) USE OF MATTER.—A person to whom a ‘‘(2) TREATMENT OF INFORMATION.—For pur- the following: matter has been disclosed under this section poses of section 552 of title 5, United States ‘‘(b) PRODUCTION OF DOCUMENTS.— shall not use such matter, other than for the Code, this subsection shall be considered a ‘‘(1) PRODUCTION BY FOREIGN FIRMS.—If a purpose for which such disclosure was au- statute described in subsection (b)(3)(B) of foreign public accounting firm issues an thorized. such section 552. Collection of information audit report, performs audit work, conducts ‘‘(c) DEFINITIONS.—As used in this section— pursuant to section 17 shall be an adminis- interim reviews, or performs material serv- ‘‘(1) the terms ‘attorney for the govern- trative action involving an agency against ices upon which a registered public account- ment’ and ‘grand jury information’ have the specific individuals or agencies pursuant to ing firm relies in the conduct of an audit or meanings given to those terms in section section 3518(c)(1) of title 44, United States interim review, the foreign public account- 3322 of title 18, United States Code; and Code.’’. ing firm shall— ‘‘(2) the term ‘securities laws’ has the same (2) INVESTMENT COMPANY ACT OF 1940.—Sec- ‘‘(A) produce its audit work papers and all meaning as in section 3(a)(47) of the Securi- tion 31 of the Investment Company Act of other documents related to any such audit ties Exchange Act of 1934.’’. 1940 (15 U.S.C. 80a-30) is amended— work or interim review to the Commission or (c) ENHANCED AUTHORITY OF THE SECURI- (A) by striking subsection (c) and inserting the Board; and TIES AND EXCHANGE COMMISSION TO CONDUCT the following: ‘‘(B) be subject to the jurisdiction of the SURVEILLANCE AND RISK ASSESSMENT.— ‘‘(c) LIMITATIONS ON DISCLOSURE BY COM- courts of the United States for purposes of (1) SECURITIES EXCHANGE ACT OF 1934.—Sec- MISSION.—Notwithstanding any other provi- enforcement of any request for such docu- tion 17(b) of the Securities Exchange Act of sion of law, the Commission shall not be ments. 1934 (15 U.S.C. 78q(b)) is amended by adding compelled to disclose any records or infor- ‘‘(2) OTHER PRODUCTION.—Any registered at the end the following: mation provided to the Commission under public accounting firm that relies, in whole ‘‘(5) SURVEILLANCE AND RISK ASSESSMENT.— this section, or records or information based or in part, on the work of a foreign public ac- All persons described in subsection (a) are upon or derived from such records or infor- counting firm in issuing an audit report, per- subject, at any time, or from time to time, mation, if such records or information have forming audit work, or conducting an in- to such reasonable periodic, special, or other been obtained by the Commission for use in terim review, shall— information and document requests by rep- furtherance of the purposes of this title, in- ‘‘(A) produce the audit work papers of the resentatives of the Commission as the Com- cluding surveillance, risk assessments, or foreign public accounting firm and all other mission, by rule or order, deems necessary or other regulatory and oversight activities. documents related to any such work in re- appropriate to conduct surveillance or risk Nothing in this subsection authorizes the sponse to a request for production by the assessments of the securities markets, per- Commission to withhold information from Commission or the Board; and sons registered with the Commission under the Congress or prevent the Commission ‘‘(B) secure the agreement of any foreign this title, or otherwise in furtherance of the from complying with a request for informa- public accounting firm to such production, purposes of this title.’’. tion from any other Federal department or as a condition of the reliance by the reg- (2) INVESTMENT COMPANY ACT OF 1940.—Sec- agency requesting the information for pur- istered public accounting firm on the work tion 31(b) of the Investment Company Act of poses within the scope of jurisdiction of that of that foreign public accounting firm.’’;

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2648 CONGRESSIONAL RECORD — SENATE April 26, 2010 (2) by redesignating subsection (d) as sub- self-regulatory organizations, and the Public experience in the securities, municipal fi- section (g); and Company Accounting Oversight Board shall nance, or municipal securities industries; (3) by inserting after subsection (c) the fol- not be deemed to have waived any privilege ‘‘(iv) shall specify the term members shall lowing: applicable to any information by transfer- serve; and ‘‘(d) SERVICE OF REQUESTS OR PROCESS.— ring that information to or permitting that ‘‘(v) may increase or decrease the number ‘‘(1) IN GENERAL.—Any foreign public ac- information to be used by the Commission. of members which shall constitute the whole counting firm that performs work for a do- ‘‘(B) EXCEPTION.—The provisions of sub- Board, except that in no case may the num- mestic registered public accounting firm paragraph (A) shall not apply to a self-regu- ber of members of the whole Board be an shall furnish to the domestic registered pub- latory organization or the Public Company even number.’’. lic accounting firm a written irrevocable Accounting Oversight Board with respect to (b) BENEFICIAL OWNERSHIP AND SHORT- consent and power of attorney that des- information used by the Commission in an SWING PROFIT REPORTING.— ignates the domestic registered public ac- action against such organization. (1) BENEFICIAL OWNERSHIP REPORTING.—Sec- counting firm as an agent upon whom may ‘‘(4) DEFINITIONS.—For purposes of this sub- tion 13 of the Securities Exchange Act of 1934 be served any process, pleadings, or other pa- section— (15 U.S.C. 78m) is amended— pers in any action brought to enforce this ‘‘(A) the term ‘privilege’ includes any (A) in subsection (d)— section. work-product privilege, attorney-client (i) in paragraph (1)— ‘‘(2) SPECIFIC AUDIT WORK.—Any foreign privilege, governmental privilege, or other (I) by inserting after ‘‘within ten days public accounting firm that issues an audit privilege recognized under Federal, State, or after such acquisition,’’ the following: ‘‘or report, performs audit work, performs in- foreign law; within such shorter period as the Commis- terim reviews, or performs material services ‘‘(B) the term ‘foreign law enforcement au- sion may establish, by rule,’’; and upon which a registered public accounting thority’ means any foreign authority that is (II) by striking ‘‘send to the issuer of the firm relies in the conduct of an audit or in- empowered under foreign law to detect, in- security at its principal executive office, by terim review, shall designate to the Commis- vestigate or prosecute potential violations of registered or certified mail, send to each ex- sion or the Board an agent in the United law; and change on which the security is traded, States upon whom may be served any proc- ‘‘(C) the term ‘State securities or law en- and’’; and ess, pleading, or other papers in any action forcement authority’ means the authority of (ii) in paragraph (2)— brought to enforce this section or any re- any State or territory that is empowered (I) by striking ‘‘in the statements to the quest by the Commission or the Board under under State or territory law to detect, inves- issuer and the exchange, and’’; and this section. tigate, or prosecute potential violations of (II) by striking ‘‘shall be transmitted to ‘‘(e) SANCTIONS.—A willful refusal to com- law.’’. the issuer and the exchange and’’; and ply, in whole in or in part, with any request SEC. 5. MODERNIZATION OF INVESTOR PROTEC- (B) in subsection (g)— by the Commission or the Board under this TIONS. (i) in paragraph (1), by striking ‘‘shall send section, shall be deemed a violation of this (a) MUNICIPAL SECURITIES.—Section 15B of to the issuer of the security and’’; and Act. the Securities Exchange Act of 1934 (15 (ii) in paragraph (2)— ‘‘(f) OTHER MEANS OF SATISFYING PRODUC- U.S.C. 78o–4) is amended— (I) by striking ‘‘sent to the issuer and’’; TION OBLIGATIONS.—Notwithstanding any (1) by striking ‘‘(b)(1) Not later’’ and all and other provisions of this section, the staff of that follows through ‘‘succeed such initial (II) by striking ‘‘shall be transmitted to the Commission or the Board may allow a members.’’ and inserting the following: the issuer and’’. foreign public accounting firm that is sub- ‘‘(b) MUNICIPAL SECURITIES RULEMAKING (2) SHORT-SWING PROFIT REPORTING.—Sec- ject to this section to meet production obli- BOARD.— tion 16(a) of the Securities Exchange Act of gations under this section through alternate ‘‘(1) COMPOSITION OF THE MUNICIPAL SECURI- 1934 (15 U.S.C. 78p(a)) is amended— means, such as through foreign counterparts TIES RULEMAKING BOARD.—Not later than Oc- (A) in paragraph (1), by striking ‘‘(and, if of the Commission or the Board.’’. tober 1, 2010, the Municipal Securities Rule- such security is registered on a national se- (f) SHARING PRIVILEGED INFORMATION WITH making Board (hereinafter in this section re- curities exchange, also with the exchange)’’; OTHER AUTHORITIES.—Section 24 of the Secu- ferred to as the ‘Board’), shall— and rities Exchange Act of 1934 (15 U.S.C. 78x) is ‘‘(A) be composed of members who shall (B) in paragraph (2)(B), by inserting after amended— perform the duties set forth in this section; ‘‘officer’’ the following: ‘‘, or within such (1) in subsection (d), as amended by sub- and shorter period as the Commission may estab- section (d)(1)(A), by striking ‘‘subsection (f)’’ ‘‘(B) shall consist of— lish, by rule’’. and inserting ‘‘subsection (g)’’; ‘‘(i) a majority of independent public rep- (c) ENHANCED APPLICATION OF ANTIFRAUD (2) in subsection (e), as added by subsection resentatives, at least 1 of whom shall be rep- PROVISIONS.—The Securities Exchange Act of (d)(1)(C), by striking ‘‘subsection (f)’’ and in- resentative of investors in municipal securi- 1934 (15 U.S.C. 78a et seq.) is amended— serting ‘‘subsection (g)’’; ties and at least 1 of whom shall be rep- (1) in section 9— (3) by redesignating subsection (f) as sub- resentative of issuers of municipal securities (A) by striking ‘‘registered on a national section (g); and (which members are hereinafter referred to securities exchange’’ each place that term (4) by inserting after subsection (e) the fol- as ‘public representatives’); appears and inserting ‘‘other than a govern- lowing: ‘‘(ii) at least 1 individual who is represent- ment security’’; ‘‘(f) SHARING PRIVILEGED INFORMATION ative of municipal securities brokers and (B) in subsection (b), by striking ‘‘by use of WITH OTHER AUTHORITIES.— municipal securities dealers that are not any facility of a national securities ex- ‘‘(1) PRIVILEGED INFORMATION PROVIDED BY banks or subsidiaries, departments or divi- change,’’; and THE COMMISSION.—The Commission shall not sions of banks (which members are herein- (C) in subsection (c), by inserting after be deemed to have waived any privilege ap- after referred to as ‘broker-dealer represent- ‘‘unlawful for any’’ the following: ‘‘broker, plicable to any information by transferring atives’); and dealer, or’’; that information to or permitting that infor- ‘‘(iii) at least 1 individual who is represent- (2) in section 10(a)(1), by striking ‘‘reg- mation to be used by— ative of municipal securities dealers that are istered on a national securities exchange’’ ‘‘(A) any agency (as defined in section 6 of banks or subsidiaries, departments or divi- and inserting ‘‘other than a government se- title 18, United States Code); sions of banks (which members are herein- curity’’; and ‘‘(B) the Public Company Accounting Over- after referred to as ‘bank representatives’).’’; (3) in section 15(c)(1)(A), by striking ‘‘oth- sight Board; and erwise than on a national securities ex- ‘‘(C) any self-regulatory organization; (2) in paragraph (2), by amending subpara- change of which it is a member’’. ‘‘(D) any foreign securities authority; graph (B) to read as follows: (d) DEFINITION OF ‘‘INTERESTED PERSON’’.— ‘‘(E) any foreign law enforcement author- ‘‘(B) establish fair procedures for the nomi- Section 2(a)(19)(A) of the Investment Com- ity; or nation and election of members of the Board pany Act of 1940 (15 U.S.C. 80a–2(a)(19)(A)) is ‘‘(F) any State securities or law enforce- and assure fair representation in such nomi- amended— ment authority. nations and elections of municipal securities (1) by striking clause (v) and inserting the ‘‘(2) NONDISCLOSURE OF PRIVILEGED INFOR- brokers and municipal securities dealers. following: MATION PROVIDED TO THE COMMISSION.—The Such rules— ‘‘(v) any natural person who is a member of Commission shall not be compelled to dis- ‘‘(i) shall establish requirements regarding a class of persons who the Commission, by close privileged information obtained from the independence of public representatives; rule or regulation, determines are unlikely any foreign securities authority, or foreign ‘‘(ii) shall provide that the number of pub- to exercise an appropriate degree of inde- law enforcement authority, if the authority lic representatives of the Board shall at all pendence as a result of— has in good faith determined and represented times exceed the total number of broker- ‘‘(I) a material business or professional re- to the Commission that the information is dealer representatives and bank representa- lationship with such company or any affili- privileged. tives; ated person of such company; or ‘‘(3) NONWAIVER OF PRIVILEGED INFORMATION ‘‘(iii) shall establish minimum knowledge, ‘‘(II) a close familial relationship with any PROVIDED TO THE COMMISSION.— experience, and other appropriate qualifica- natural person who is an affiliated person of ‘‘(A) IN GENERAL.—Federal agencies, State tions for individuals to serve as public rep- such company,’’; securities and law enforcement authorities, resentatives, which may include prior work (2) by striking clause (vi);

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2649 (3) by redesignating clause (vii) as clause (G) whether adjusting the reliance by the An important part of the Division’s (vi); and Commission on self-regulatory organizations Leniency Policy, added by the Anti- (4) in clause (vi), as so redesignated, by is necessary to promote more efficient and trust Criminal Penalties Enforcement striking ‘‘two’’ and inserting ‘‘5’’. effective governance for the securities mar- and Reform Act of 2004, limits the civil (e) LOST AND STOLEN SECURITIES.—Section kets. 17(f)(1) of the Securities Exchange Act of 1934 (b) CONSULTANT REPORT.—Not later than liability of leniency participants to the (15 U.S.C. 78q(f)(1)) is amended— 150 days after the independent consultant is actual damages caused by that com- (1) in subparagraph (A), by striking ‘‘miss- retained under subsection (a), the inde- pany—rather than triple the damages ing, lost, counterfeit, or stolen securities’’ pendent consultant shall submit a report to caused by the entire conspiracy, which and inserting ‘‘securities that are missing, the Commission and to Congress con- is typical in civil antitrust lawsuits. lost, counterfeit, stolen, cancelled, or any taining— This removed a significant disincentive other category of securities as the Commis- (1) a detailed description of any findings to participation in the leniency pro- sion, by rule, may prescribe’’; and and conclusions made while carrying out the (2) in subparagraph (B), by striking ‘‘or gram—the concern that, despite immu- study required under subsection (a)(1); and nity from criminal charges, a partici- stolen’’ and inserting ‘‘stolen, cancelled, or (2) recommendations for legislative, regu- reported in such other manner as the Com- latory, or administrative action that the pating corporation might still be on mission, by rule, may prescribe’’. independent consultant determines appro- the hook for treble damages in any fu- (f) FINGERPRINTING.—Section 17(f)(2) of the priate to enable the Commission and other ture antitrust lawsuits. Securities Exchange Act of 1934 (15 U.S.C. entities on which the independent consultant Maintaining strong incentives to 78q(f)(2)) is amended— reports to perform the missions of the Com- make use of the Leniency Policy pro- (1) in the first sentence, by striking ‘‘and mission, whether mandated by statute or registered clearing agency,’’ and inserting vides important benefits to the victims otherwise. ‘‘registered clearing agency, registered secu- of antitrust offenses, often consumers (c) COMMISSION REPORT.—Not later than 6 who paid artificially high prices. It rities information processor, national securi- months after the date on which the consult- ties exchange, and national securities asso- makes it more likely that criminal ant submits the report under subsection (b), ciation’’; and and every 6 months thereafter during the 2- antitrust violations will be reported (2) in the second sentence, by striking ‘‘or year period following the date on which the and, as a result, consumers will be able clearing agency,’’ and inserting ‘‘clearing consultant submits the report under sub- to identify and recover their losses agency, securities information processor, na- section (b), the Commission shall submit a from paying illegally inflated prices. tional securities exchange, or national secu- report to the Committee on Banking, Hous- rities association,’’. The policy also requires participants to ing, and Urban Affairs of the Senate and the cooperate with plaintiffs in any follow- SEC. 6. COMMISSION ORGANIZATIONAL STUDY Committee on Financial Services of the AND REFORM. on civil lawsuits, which makes it more House of Representatives describing the im- (a) STUDY REQUIRED.— likely that the plaintiff consumers will plementation by the Commission of the regu- (1) IN GENERAL.—Not later than 90 days be able to build strong cases against all after the date of the enactment of this Act, latory and administrative recommendations contained in the report of the independent members of the conspiracy. the Securities and Exchange Commission (in Since the passage of ACPERA, the this section referred to as the ‘‘Commis- consultant under subsection (b). sion’’) shall hire an independent consultant Antitrust Division has uncovered a of high caliber who has expertise in organiza- By Mr. KOHL (for himself, Mr. number of significant cartel cases tional restructuring and the operations of LEAHY, and Mr. HATCH): through its leniency program, includ- capital markets to examine the internal op- S. 3259. A bill to amend subtitle A of ing the air cargo investigation, which erations, structure, funding, and the need for the Antitrust Criminal Penalty En- so far has yielded over a billion dollars comprehensive reform of the Commission, as hancement and Reform Act of 2004 to in criminal fines. In that investigation, well as the relationship of the Commission make the operation of such subtitle several airlines pled guilty to con- with and the reliance by the Commission on permanent law; to the Committee on spiring to fix international air cargo self-regulatory organizations and other enti- ties relevant to the regulation of securities the Judiciary. rates and international passenger fuel and the protection of securities investors Mr. KOHL. Mr. President, I rise surcharges. Not only were criminal that are under the oversight of the Commis- today to introduce the Antitrust fines levied but one high-ranking exec- sion. Criminal Penalties Enforcement and utive pled guilty and agreed to serve 8 (2) SPECIFIC AREAS FOR STUDY.—The study Reform Act of 2004 Extension Act. This months in prison. In fiscal year 2004, required under paragraph (1) shall, at a min- legislation makes permanent a critical before the passage of ACPERA, crimi- imum, include the study of— component of the Antitrust Criminal nal antitrust fines totaled $350 million. (A) the possible elimination of unnecessary Penalty Enforcement and Reform Act Criminal antitrust fines in fiscal year or redundant units at the Commission; of 2004, set to expire on June 22, which (B) improving communications between of- 2009 surpassed $1 billion. Scott Ham- fices and divisions of the Commission; encourages participation in the Anti- mond, the Deputy Assistant Attorney (C) the need to put in place a clear chain- trust Division’s leniency program. As a General for Criminal Enforcement in of-command structure, particularly for en- result, the Justice Department will be the Antitrust Division, has stated that forcement examinations and compliance in- able to continue to detect, investigate the damages limitation has made its spections; and aggressively prosecute price-fixing Corporate Leniency Program ‘‘even (D) the effect of high-frequency trading cartels which harm consumers. more effective’’ at detecting and pros- and other technological advances on the The Antitrust Division of the Depart- ecuting cartels. In fact, in the first 5 market and what the Commission requires to ment of Justice has long considered monitor the effect of such trading and ad- years after passage, leniency applica- vances on the market; criminal cartel enforcement a top pri- tions increased by 25 percent, and the (E) the hiring authorities, workplace poli- ority, and its Corporate Leniency Pol- Antitrust Division experienced ‘‘un- cies, and personal practices of the Commis- icy is an important tool in that en- precedented’’ success in criminal en- sion, including— forcement. Criminal antitrust offenses forcement. (i) whether there is a need to further are generally conspiracies among com- ACPERA’s damages limitation is set streamline hiring authorities for those who petitors to fix prices, rig bids, or allo- to expire in June, so we must act are not lawyers, accountants, compliance ex- cate markets of customers. The Leni- quickly to extend it. Otherwise, the aminers, or economists; ency Policy creates incentives for cor- Justice Department will lose an impor- (ii) whether there is a need for further pay reforms; porations to report their unlawful car- tant tool that it uses to investigate (iii) the diversity of skill sets of Commis- tel conduct to the Division, by offering and prosecute criminal cartel activity. sion employees and whether the present skill the possibility of immunity from The strong evidence that this program set diversity efficiently and effectively fos- criminal charges to the first-reporting works means it is time to make it per- ters the mission of the Commission of inves- corporation, as long as there is full co- manent. Permanence will give all par- tor protection; and operation. For more than 15 years, this ties—the government, potential am- (iv) the application of civil service laws by policy has allowed the Division to un- nesty applicants, and potential private the Commission; cover cartels affecting billions of dol- litigants—a clear sign that criminal (F) whether the oversight by the Commis- sion of, and reliance by the Commission on, lars worth of commerce here in the cartel enforcement continues to be a self-regulatory organizations promotes effi- United States, which has led to pros- top priority, and that the amnesty pro- cient and effective governance for the securi- ecutions resulting in record fines and gram is a key and continuing compo- ties markets; and jail sentences. nent of that enforcement program.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2650 CONGRESSIONAL RECORD — SENATE April 26, 2010 This certainty is likely to lead to in- S. 3260. A bill to enhance and further to more effectively prevent and treat creased participation in the amnesty research into the prevention and treat- them. The FREED Act also improves program, the discovery of more cases, ment of eating disorders, to improve surveillance and data collection sys- the receipt of more criminal fines, and access to treatment of eating disorders, tems at the Centers for Disease Control a higher likelihood of consumers being and for other purposes; to the Com- and Prevention so we’ll have accurate able to recover their losses in civil liti- mittee on Health, Education, Labor, information and epidemiological data gation. and Pensions. on eating disorders. Some have raised questions about Mr. HARKIN. Mr. President, today I Second, the FREED Act expands ac- whether the leniency program could be am joining with Senator KLOBUCHAR cess to treatment services and screen- made more effective by changing the and Senator FRANKEN to introduce the ing for eating disorders for Medicaid requirements for leniency applicants to Federal Response to Eliminate Eating beneficiaries, and creates a patient ad- cooperate in private litigation, or by Disorders, FREED, Act. This impor- vocacy network that will help individ- increasing the incentive for whistle- tant bill is the first comprehensive leg- uals with eating disorders find treat- blowing. Currently, there is insuffi- islative effort to confront eating dis- ment. Furthermore, the FREED Act cient evidence to show that changes orders in the U.S. improves the training and education of are needed and the Department of Jus- Eating disorders such as anorexia health care providers and educators so tice is concerned that any changes nervosa and bulimia nervosa are wide- they know how to identify and treat could have the unintended consequence spread, insidious, and too often fatal individuals suffering from eating dis- of reducing the incentives to use the diseases. Today, at least 5 million orders. Leniency Program. Therefore, at this Americans suffer from eating disorders. Finally, we need to step up efforts to time we are hesitant to tinker with Because these diseases often go prevent these diseases in the first success. However, in response to the undiagnosed and uncounted, the actual place. As I have said so many times, we concerns, the Antitrust Criminal Pen- number is closer to 11 million Ameri- don’t have a genuine health care sys- alties Enforcement and Reform Act of cans. Adolescent women are by no tem in America, we have a sick care 2004 Extension Act of 2010 requires a means the only people suffering from system. In other words, if you get sick, GAO study to consider the effective- eating disorders; these diseases don’t you get treatment. But we can spend ness of the incentives for leniency ap- discriminate by gender, race, income, just pennies on the dollar to prevent plicants to cooperate in private litiga- or age. disease and illness in the first place by tion, and specifically whether such co- Eating disorders are dangerous condi- placing a much more robust emphasis operation is made in a timely fashion. tions, but their consequences are often on wellness, nutrition, physical activ- The Antitrust Criminal Penalties En- underestimated. These diseases can ity, and public health. With this in forcement and Reform Act of 2004 is lead to serious heart conditions, kid- mind, the FREED Act authorizes meant to facilitate both government ney failure, osteoporosis, infertility, grants to develop and implement evi- and private enforcement of the anti- gastrointestinal disorders, and even dence-based prevention programs and trust laws, and the GAO study will death. The National Institute of Men- promote healthy eating behaviors in shed some light on whether it strikes tal Health estimates that one in 10 peo- schools, athletic programs, and other the correct balance. When we receive ple with anorexia nervosa will die of community-based programs. the study, we will review it and act ac- starvation, cardiac arrest, or some Sadly, eating disorders are not rare. cordingly, changing the law if nec- other medical complication. One in 10! These diseases touch the lives of so essary. That is deeply disturbing, and cries out many of our families and friends. Near- I urge my colleagues to support this for a much more aggressive Federal re- ly half of all Americans personally important legislation. sponse. Moreover, fatalities resulting know someone with an eating disorder. Mr. President, I ask unanimous con- from eating disorders are grossly We have got to do a better job at the sent that the text of the bill be printed underreported, because deaths are typi- Federal level of investing in research, in the RECORD. cally recorded by listing the immediate treatment, and prevention. The There being no objection, the text of cause of death, such as cardiac arrest, FREED Act builds on the investments the bill was ordered to be printed in rather than the underlying cause, we made in prevention, wellness, and the RECORD, as follows: which is the eating disorder. mental health in health reform and S. 3259 But, despite their prevalence and mental health parity. I thank Senator KLOBUCHAR and Sen- Be it enacted by the Senate and House of Rep- very serious impacts on health, re- resentatives of the United States of America in search funding for eating disorders has ator FRANKEN for partnering with me Congress assembled, lagged behind funding for research into on this bill, and urge our colleagues to SECTION 1. SHORT TITLE. similar diseases. We simply don’t know join us in dramatically stepping up the This Act may be cited as the ‘‘Antitrust enough about the causes and con- federal response to eating disorders. Criminal Penalties Enforcement and Reform sequences of eating disorders, or how Mr. President, I ask unanimous con- Act of 2004 Extension Act of 2010’’. to stop them from developing in the sent that the text of the bill be printed SEC. 2. ELIMINATION OF SUNSET. first place. We have research sug- in the RECORD. The Antitrust Criminal Penalty Enhance- gesting that there’s a genetic compo- There being no objection, the text of ment and Reform Act of 2004 (15 U.S.C. 1 nent to eating disorders, but we have the bill was ordered to be printed in note) is amended by striking section 211. got to learn more so we can effectively the RECORD, as follows: SEC. 3. EFFECTIVE DATE OF AMENDMENT. prevent these diseases before they S. 3260 The amendment made by section 2 shall Be it enacted by the Senate and House of Rep- take effect immediately before June 22, 2010. start. The good news is that eating dis- resentatives of the United States of America in SEC. 4. GAO REPORT. orders are treatable. With appropriate Congress assembled, Not later than 1 year after the date of en- SECTION 1. SHORT TITLE. actment of this Act, the Comptroller General nutritional, medical, and psycho- This Act may be cited as the ‘‘Federal Re- shall submit a report to the Committees on therapeutic interventions, they can be sponse to Eliminate Eating Disorders Act’’. the Judiciary of the House of Representa- successfully and fully cured. But right SEC. 2. FINDINGS. tives and the Senate on the effectiveness of now, only one in 10 people receive Congress finds as follows: the Antitrust Criminal Penalties Enforce- treatment. (1) Estimates, based on current research, ment and Reform Act of 2004, both in crimi- The FREED Act takes a major step indicate that at least 5,000,000 people in the nal investigation and enforcement by the De- forward in promoting research, screen- United States suffer from eating disorders partment of Justice and in private civil ac- ing, treatment, and the prevention of including anorexia nervosa, bulimia nervosa, tions. Such report shall consider, inter alia, binge eating disorder, and eating disorders the effectiveness of incentives for coopera- eating disorders. First, the FREED Act expands re- not otherwise specified (referred to in this tion, and the timeliness of that cooperation, Act as ‘‘EDNOS’’). in private civil actions. search efforts at the National Insti- (2) Anecdotal evidence suggests that as tutes of Health to examine the causes many as 11,000,000 people in the United By Mr. HARKIN (for himself, Ms. and consequences of eating disorders. States, including 1,000,000 males, may suffer KLOBUCHAR, and Mr. FRANKEN): We need to understand these diseases from eating disorders.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2651 (3) Eating disorders occur in all nations (6) to improve surveillance and data sys- Health, shall identify relevant Federal agen- and in all populations, and among people of tems for tracking the prevalence, severity, cies (including the other institutes and cen- all ages and races and of both genders. and economic costs of eating disorders; and ters of the National Institutes of Health, the (4) Eating disorders are diseases with grave (7) to enhance access to comprehensive Centers for Medicare & Medicaid Services, health consequences and high rates of mor- treatment for eating disorders. the Centers for Disease Control and Preven- tality. TITLE I—EATING DISORDER DETECTION tion, the Agency for Healthcare Research (5) Health consequences associated with AND RESEARCH and Quality, the Substance Abuse and Men- tal Health Services Administration, the eating disorders include heart failure and SEC. 101. EXPANSION AND COORDINATION OF other serious cardiac conditions, electrolyte THE ACTIVITIES OF THE NATIONAL Health Resources and Services Administra- imbalance, kidney failure, osteoporosis, de- INSTITUTE OF HEALTH AND THE NA- tion, and the Office on Women’s Health) that bilitating tooth decay, and gastrointestinal TIONAL INSTITUTE OF MENTAL shall collaborate with respect to activities disorders, including esophageal inflamma- HEALTH WITH RESPECT TO RE- conducted under subsection (d). tion and rupture, gastric rupture, peptic ul- SEARCH ON EATING DISORDERS. ‘‘(g) PUBLIC INPUT.—The Director of NIH cers, and pancreatitis. Part B of title IV of the Public Health shall provide for a mechanism— (6) Anorexia nervosa has one of the highest Service Act (42 U.S.C. 284 et seq.), as amend- ‘‘(1) to educate and disseminate informa- overall mortality rates of any mental illness. ed by section 4305(b) of the Patient Protec- tion on the existing and planned programs According to the National Institute of Men- tion and Affordable Care Act (Public Law and research activities of the National Insti- tal Health, 1 in 10 people with anorexia 111–148), is further amended by adding at the tutes of Health with respect to eating dis- nervosa will die of starvation, cardiac arrest, end the following: orders; and or another medical complication. ‘‘SEC. 409K. EXPANSION AND COORDINATION OF ‘‘(2) through which the Director of NIH (7) The risk of death among adolescents ACTIVITIES WITH RESPECT TO RE- may receive comments from the public re- with anorexia nervosa is 11 times greater SEARCH ON EATING DISORDERS. garding such programs and activities. than in disease-free adolescents. ‘‘(a) IN GENERAL.—The Director of NIH, ‘‘(h) DISSEMINATION OF INFORMATION.—The (8) Anorexia nervosa has the highest sui- pursuant to the general authority of such di- Director of NIH shall provide for a mecha- cide rate of all mental illnesses. rector, shall expand, intensify, and coordi- nism for making the results and information (9) New research suggests that bulimia nate the activities of the National Institutes generated by the consortia publicly avail- nervosa has a much higher rate of mortality of Health with respect to research on eating able, such as through the Internet. than is reflected in current statistics, be- disorders. ‘‘(i) DEFINITION.—For purposes of this sec- ‘‘(b) GRANTS.—The Director of NIH may cause of the failure to identify the under- tion, the term ‘eating disorder’ has the award grants to public or private entities to lying eating disorder. meaning given such term in section 399OO(e). pay all or part of the cost of planning, estab- (10) Binge eating disorder is the most com- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— lishing, improving, and providing basic oper- mon eating disorder, with an estimated 3.5 To carry out this section, there are author- ating support for such entities to establish percent of American women and 2 percent of ized to be appropriated such sums as may be consortia in eating disorder research and to American men expected to suffer from this necessary for each of fiscal years 2011 carry out the activities described in sub- disorder in their lifetime. Binge eating dis- through 2015.’’. section (e). order is characterized by frequent episodes of SEC. 102. INTERAGENCY COORDINATING COUN- ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to CIL; SURVEILLANCE AND RESEARCH uncontrolled overeating and is associated receive a grant under this section, an entity PROGRAM; STUDY ON ECONOMIC with obesity, heart disease, gall bladder dis- shall— COST. ease, and diabetes. ‘‘(1) be public or nonprofit private entity Title III of the Public Health Service Act (11) Research demonstrates that there is a (including a health department of a State, a (42 U.S.C. 241 et seq.), as amended by section significant genetic component to the devel- political subdivision of a State, or an insti- 4303 of the Patient Protection and Affordable opment of eating disorders. tution of higher education); and Care Act (Public Law 111–148), is further (12) Certain populations, including adoles- ‘‘(2) submit to the Secretary an application amended by adding at the end the following: cent females and athletes of both genders, at such time, in such manner, and con- ‘‘PART W—PROGRAMS RELATING TO are at higher risk of developing an eating taining such information as the Secretary EATING DISORDERS disorder. may require. (13) Different types of eating disorders may ‘‘SEC. 399OO. INTERAGENCY EATING DISORDERS ‘‘(d) REQUIREMENTS OF CONSORTIA.— COORDINATING COUNCIL. affect certain races and genders dispropor- ‘‘(1) IN GENERAL.—Each consortium estab- ‘‘(a) ESTABLISHMENT.—There is established tionately. lished as described in subsection (b) may use within the Department of Health and Human (14) Despite the serious health con- the facilities of a single lead institution, or Services the Interagency Eating Disorders sequences and the high risk of death, Federal may be formed from several cooperating in- Coordinating Council (referred to in this sec- research funding for eating disorders has stitutions, meeting such requirements as tion as the ‘Coordinating Council’). lagged behind research concerning other dis- may be prescribed by the Director of NIH. ‘‘(b) RESPONSIBILITIES.—The Coordinating eases, when compared by the number of indi- ‘‘(2) COORDINATION OF CONSORTIA.—The Di- Council shall— viduals affected by, and the relative health rector of NIH— ‘‘(1) develop and annually update a sum- consequences of, the diseases. ‘‘(A) may, as appropriate, provide for the mary of advances in eating disorder research (15) The ability of individuals suffering coordination of information among consortia concerning causes of, prevention of, early from eating disorders, particularly bulimia established under subsection (b); and screening for, treatment and access to serv- nervosa, binge eating disorder, and EDNOS ‘‘(B) shall ensure regular communication ices related to, and supports for individuals to access appropriate treatment is unaccept- between members of the various consortia affected by, eating disorders; ably low. established using grants awarded under this ‘‘(2) monitor Federal activities with re- (16) The development of an eating disorder section. spect to eating disorders; is frequently preceded by unhealthy weight ‘‘(3) REPORTS.—The Director of NIH shall ‘‘(3) make recommendations to the Sec- control behaviors commonly identified as require each consortium to periodically pre- retary regarding any appropriate changes to disordered eating, including skipping meals, pare and submit to such director reports on such activities, and to the Director of NIH, using diet pills, taking laxatives, self-in- the activities of such consortium. with respect to the strategic plan developed duced vomiting, and fasting. Such disordered ‘‘(e) ACTIVITIES.—Each consortium receiv- under paragraph (4); eating behaviors should be included in en- ing a grant under subsection (b) shall con- ‘‘(4) develop and annually update a stra- hanced research prevention and training ef- duct basic, clinical, epidemiological, popu- tegic plan for the conduct of, and support forts. lation-based, or translational research re- for, eating disorder research, including pro- SEC. 3. PURPOSES. garding eating disorders, which may include posed budgetary recommendations; and The purposes of this Act are— research related to— ‘‘(5) submit to Congress the strategic plan (1) to expand research into the prevention ‘‘(1) the identification and classification of developed under paragraph (4) and all up- of eating disorders; eating disorders and disordered eating; dates to such plan. (2) to expand research on effective treat- ‘‘(2) the causes, diagnosis, and early detec- ‘‘(c) MEMBERSHIP.— ment and intervention of eating disorders tion of eating disorders; ‘‘(1) CHAIRPERSON.—The Director of NIH and to support evidence-based programs de- ‘‘(3) the treatment of eating disorders, in- shall serve as the chairperson of the Coordi- signed to prevent eating disorders; cluding the development and evaluation of nating Council and shall be responsible for (3) to expand research on the causes, new treatments and best practices; the leadership and oversight of the activities courses, and outcomes of eating disorders; ‘‘(4) the conditions or diseases related to, of the Coordinating Council. (4) to increase the number of people prop- or arising from, an eating disorder; and ‘‘(2) MEMBERS IN GENERAL.—The Coordi- erly screened and diagnosed with an eating ‘‘(5) the evaluation of existing prevention nating Council shall be composed of— disorder; programs and the development of reliable ‘‘(A) representatives of— (5) to improve training and education of prevention and screening programs. ‘‘(i) the Agency for Healthcare Research health care and behavioral care providers ‘‘(f) COLLABORATION.—The Secretary, act- and Quality; and of school personnel at all levels of ele- ing through the Director of NIH and the Di- ‘‘(ii) the Substance Abuse and Mental mentary and secondary education; rector of the National Institute of Mental Health Administration;

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2652 CONGRESSIONAL RECORD — SENATE April 26, 2010 ‘‘(iii) the research institutes at the Na- ‘‘(1) provide for the collection, analysis, ment, or a community based organization; tional Institutes of Health, as the Director of and reporting of epidemiological data on eat- and NIH determines appropriate; ing disorders through the existing surveil- ‘‘(2) submit an application to the Secretary ‘‘(iv) the Health Resources and Services lance programs; at such time, in such manner, and con- Administration; ‘‘(2) develop recommendations to enhance taining such information as the Secretary ‘‘(v) the Centers for Medicare & Medicaid existing surveillance programs to more accu- may require. Services; rately collect epidemiological data on dis- ‘‘(c) USE OF FUNDS.—An entity receiving a ‘‘(vi) the Office of Women’s Health; ordered eating and eating disorders, includ- grant under this section shall fund develop- ‘‘(vii) the Centers for Disease Control and ing the number, incidence, trends, cor- ment and testing of school-, clinic-, commu- Prevention; and relates, mortality, and causes of eating dis- nity-, or health department-based programs ‘‘(viii) the Department of Education; and orders and the effects of eating disorders on designed to promote healthy eating behav- ‘‘(B) the additional members appointed quality of life; iors and to prevent eating disorders includ- under paragraph (3). ‘‘(3) develop recommendations to improve ing— ‘‘(3) ADDITIONAL MEMBERS.—Not fewer than requirements for ensuring that eating dis- ‘‘(1) developing evidence-based interven- tions to prevent eating disorders, including 1⁄3 of the total membership of the Coordi- orders are accurately recorded as underlying nating Council shall be composed of non- and contributing causes of death; and educational or intervention programs re- Federal public members to be appointed by ‘‘(4) assist with the development and co- garding nutritional content, understanding the Secretary, including representatives of— ordination of surveillance efforts within a and responding to hunger and satiety, posi- ‘‘(A) academic medical centers or schools region. tive body image development, positive self- esteem development, and life skills, that of medicine, nursing, or other health profes- ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to sions; receive an award under this section, an enti- take into account cultural and develop- ‘‘(B) health care professionals who are ac- ty shall— mental issues and the role of family, school, tively involved in the treatment of eating ‘‘(1) be a public or nonprofit private entity and community; ‘‘(2) planning and implementing a healthy disorders; (including a health department of a State, a lifestyle curriculum or program with an em- ‘‘(C) researchers with expertise in eating political subdivision of a State, or an insti- phasis on healthy eating behaviors, physical disorders; and tution of higher education); and activity, and emotional wellness, the con- ‘‘(D) at least 2 individuals with a past or ‘‘(2) submit to the Secretary an application nection between emotional and physical present diagnosis of an eating disorder or at such time, in such manner, and con- health, and the prevention of bullying based parents of individuals with a past or present taining such information as the Secretary on body size, shape, and weight; diagnosis of an eating disorder. may require. ‘‘(3) forming partnerships with parents and ‘‘(d) ADMINISTRATIVE SUPPORT; TERMS OF ‘‘(d) TECHNICAL ASSISTANCE.—In making caregivers to educate adults about identi- SERVICE; OTHER PROVISIONS.— awards under this section, the Secretary fying unhealthy eating behaviors and pro- ‘‘(1) ADMINISTRATIVE SUPPORT.—The Co- may provide direct technical assistance in moting healthy eating behaviors, physical ordinating Council shall receive necessary lieu of cash. activity, and emotional wellness; and and appropriate administrative support from ‘‘(e) REPORTS.—Each entity awarded a ‘‘(4) integrating eating disorder prevention the Secretary. grant or cooperative agreement under this and awareness in physical education, health, ‘‘(2) TERMS OF SERVICE.—Members of the section shall submit to the Secretary a re- education, athletic training programs, and Coordinating Council appointed under sub- port describing the activities conducted after-school recreational sports programs, to section (c)(2) shall serve for a term of 4 using grant funds and providing rec- the extent possible. years, and may be reappointed for one or ommendations for improving the collection, ‘‘(d) REQUIREMENTS OF GRANT RECIPI- analysis, and reporting of epidemiological more additional 4 year-terms. Any member ENTS.— appointed to fill a vacancy for an unexpired data on eating disorders. ‘‘(1) LIMITATION ON ADMINISTRATIVE EX- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— term shall be appointed for the remainder of PENSES.—A recipient of a grant under this such term. A member may serve after the ex- To carry out this section, there are author- section shall not use more than 10 percent of piration of the member’s term until a suc- ized to be appropriated such sums as may be the amounts received under a grant under cessor has taken office. necessary for each of fiscal years 2011 this section for administrative expenses. ‘‘(3) MEETINGS.— through 2015. ‘‘(2) CONTRIBUTION OF FUNDS.—A recipient ‘‘(A) IN GENERAL.—The Coordinating Coun- ‘‘SEC. 399OO-2. STUDY REGARDING ECONOMIC of a grant under this section, and any entity cil shall meet at the call of the chairperson COSTS OF EATING DISORDERS. receiving assistance under the grant for or upon the request of the Secretary. The Co- ‘‘The Secretary, acting through the Direc- training and education, shall contribute non- ordinating Council shall meet not fewer than tor of the Centers for Disease Control and Federal funds, either directly or through in- 2 times each year. Prevention, shall conduct a study evaluating kind contributions, to the costs of the activi- ‘‘(B) NOTICE.—Notice of any upcoming the economic costs of eating disorders. Such ties to be funded under the grant in an meeting of the Coordinating Council shall be study may examine years of productive life amount that is not less than 10 percent of published in the Federal Register. lost, missed days of work, reduced work pro- the total cost of such activities. ‘‘(C) PUBLIC ACCESS.—Each meeting of the ductivity, costs of medical and mental ‘‘(3) EVALUATION.—Each recipient of a Coordinating Council shall be open to the health treatment, costs to family, and costs grant under this section shall provide to the public and shall include appropriate periods to society as a result of eating disorders.’’. Secretary, in such form and manner as the of time for questions by the public. TITLE II—EATING DISORDER EDUCATION Secretary shall specify, relevant data and an ‘‘(4) SUBCOMMITTEES.—In carrying out its AND PREVENTION; STUDIES ON EATING evaluation of the activities of the grant re- functions the Coordinating Council may es- DISORDERS AND BODY MASS INDEX; cipient in promoting healthy eating behav- tablish subcommittees and convene work- PUBLIC SERVICE ANNOUNCEMENTS iors and preventing eating disorders. Evalua- shops and conferences. SEC. 201. GRANTS TO PREVENT EATING DIS- tion reports shall be made publicly available, ‘‘(e) EATING DISORDER.—In this part, the ORDERS. such as through the Internet. term ‘eating disorder’ includes anorexia Title III of the Public Health Service Act ‘‘(e) TECHNICAL ASSISTANCE.—The Sec- nervosa, bulimia nervosa, binge eating dis- (42 U.S.C. 241 et seq.), as amended by section retary may set aside an amount not to ex- order, and eating disorders not otherwise 102, is further amended by adding at the end ceed 1 percent of the total amount appro- specified, as defined in the fourth edition of the following: priated for a fiscal year to provide grantees the Diagnostic and Statistical Manual of with technical support in the development, Mental Disorders or any subsequent edition. ‘‘SEC. 399OO-3. GRANTS TO PREVENT EATING DIS- ORDERS. implementation, and evaluation of programs ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— under this section and to disseminate infor- To carry out this section, there are author- ‘‘(a) IN GENERAL.—The Secretary, acting through the Director of the Centers for Dis- mation about preventing and treating eating ized to be appropriated such sums as may be disorders and obesity. necessary for each of fiscal years 2011 ease Control and Prevention and in coordina- tion with the Administrator of the Health ‘‘SEC. 399OO-4. STUDY OF EATING DISORDERS IN through 2015. ELEMENTARY SCHOOLS, SEC- ‘‘SEC. 399OO-1. EATING DISORDER SURVEIL- Resources and Services Administration, ONDARY SCHOOLS, AND INSTITU- LANCE AND RESEARCH PROGRAM. shall award grants to eligible entities to TIONS OF HIGHER EDUCATION. ‘‘(a) IN GENERAL.—The Secretary, acting plan, implement, and evaluate programs to ‘‘Not later than 18 months after the date of through the Director of the Centers for Dis- prevent eating disorders and obesity and the enactment of the Federal Response to Elimi- ease Control and Prevention, shall award acute and chronic medical conditions that nate Eating Disorders Act, the National Cen- grants or cooperative agreements to eligible accompany such conditions, and to promote ter for Health Statistics of the Centers for entities for the purpose of improving the col- healthy body image and appropriate nutri- Disease Control and Prevention and the Na- lection, analysis and reporting of State epi- tion-based eating behaviors. tional Center for Education Statistics of the demiological data on eating disorders. ‘‘(b) ELIGIBILITY.—To be eligible to receive Department of Education shall conduct a ‘‘(b) ACTIVITIES.—An eligible entity shall a grant under this section, an entity shall— joint study, or enter into a contract to have assist with the development and coordina- ‘‘(1) be a State, local or tribal educational a study conducted, on the impact eating dis- tion of eating disorder surveillance efforts agency, an accredited institution of higher orders have on educational advancement and within a region and may— education, a State or local health depart- achievement. The study shall—

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2653 ‘‘(1) determine the incidence of eating dis- advanced practice nursing students), dental, fined in section 399OO of the Public Health orders and disordered eating among stu- mental and behavioral health, pharmacy, Service Act), increase awareness of such dis- dents, and the morbidity and mortality rates and other health professions students or resi- orders among parents and students, and associated with eating disorders; dents with an understanding of, and clinical train educators (including teachers, school ‘‘(2) evaluate the extent to which students skills pertinent to identifying and treating, nurses, school social workers, coaches, with eating disorders are more likely to miss eating disorders. school counselors, and administrators) on ef- school, have delayed rates of development, ‘‘(b) ELIGIBILITY.—To be eligible to receive fective eating disorder prevention, screening, or have reduced cognitive skills; a grant under this section an entity shall— detection and assistance methods.’’. ‘‘(1) be an accredited school of allopathic ‘‘(3) report on current State and local pro- TITLE IV—IMPROVING AVAILABILITY AND or osteopathic medicine, or an accredited grams to increase awareness about the dan- ACCESS TO TREATMENT gers of eating disorders among youth and to school of nursing, public health, social work, dentistry, behavioral and mental health, or SEC. 401. MEDICAID COVERAGE FOR EATING DIS- prevent eating disorders and the risk factors ORDER TREATMENT SERVICES. for eating disorders, and evaluate the value pharmacy, or an accredited medical, dental, (a) IN GENERAL.—Section 1905 of the Social of such programs; and or nursing residency program; ‘‘(2) prepare and submit to the Secretary Security Act (42 U.S.C. 1396d(a)), as amended ‘‘(4) make recommendations on measures by section 2301(a)(1) of the Patient Protec- that could be undertaken by Congress, the an application at such time, in such manner, and containing such information as the Sec- tion and Affordable Care Act (Public Law Department of Education, States, and local 111–148) and section 1202(b) of the Health educational agencies to strengthen eating retary may require, including— ‘‘(A) information to demonstrate that the Care and Education Reconciliation Act of disorder prevention and awareness programs 2010 (Public Law 111–152), is amended— including development of best practices. applicant will employ an evidence-based ap- proach for training health professionals on (1) in subsection (a)— ‘‘SEC. 399OO-5. STUDY OF THE SUITABILITY OF eating disorders; (A) in paragraph (28), by striking ‘‘and’’ at MANDATING BODY MASS INDEX RE- the end; PORTING IN ELEMENTARY SCHOOLS ‘‘(B) strategies for the dissemination and AND SECONDARY SCHOOLS. sharing of curricula and other educational (B) by redesignating paragraph (29) as ‘‘Not later than 18 months after the date of materials developed under the grant to other paragraph (30); and enactment of the Federal Response to Elimi- interested health professions schools, na- (C) by inserting after paragraph (28) the nate Eating Disorders Act, the Director of tional resource repositories for materials on following new paragraph: the Centers for Disease Control and Preven- eating disorders, and health services con- ‘‘(29) eating disorder treatment services (as tion, in consultation with the Secretary of tinuing education providers; defined in subsection (ee)(1)); and’’; and Education, shall conduct a study on manda- ‘‘(C) a plan for consulting with commu- (2) by adding at the end the following new tory reporting of body mass index, includ- nity-based coalitions, treatment centers, or subsection: ing— eating disorder research experts who have ‘‘(ee) EATING DISORDER TREATMENT SERV- ‘‘(1) how many schools are currently con- experience and expertise in issues related to ICES.— ducting such measuring; and eating disorders, for services provided under ‘‘(1) DEFINITION.—The term ‘eating disorder ‘‘(2) the impacts on students of such meas- the program carried out under the grant; and treatment services’ means services relating ures, which may include student and parent ‘‘(D) a plan for making the information to diagnosis and treatment of an eating dis- reactions to such reports, including changes and curricula publicly available to health order (as defined in section 399OO of the Pub- in physical activity, a focus on nutrition, a professionals, such as through the Internet. lic Health Service Act), including screening, ‘‘(c) USE OF FUNDS.— focus on body image, the use of weight con- counseling, pharmacotherapy (including cov- ‘‘(1) REQUIRED USES.—Amounts provided trol behaviors, eating disorder symptoms, erage of drugs described in paragraph (2)), under a grant awarded under this section and the incidence of teasing or bullying and other necessary health care services. shall be used to fund interdisciplinary train- based on body size. ‘‘(2) COVERAGE FOR PHARMACOLOGICAL ing and education projects that are designed TREATMENT OF EATING DISORDERS.—For pur- ‘‘SEC. 399OO-6. PUBLIC SERVICE ADVERTISE- to train medical, nursing, and other health MENTS. poses of paragraph (1), eating disorder treat- professions students and residents to iden- ‘‘The Secretary, in consultation with the ment services shall include drugs provided as tify and provide appropriate health care Director of the National Institutes of Health part of care in an inpatient setting, covered services (including mental or behavioral and the Secretary of Education, shall carry outpatient drugs (as defined in section health care services and referrals to appro- out a program to develop, distribute, and 1927(k)(2)), and non-prescription drugs de- priate community services) to individuals promote the broadcasting of public service scribed in section 1927(d)(2)(A) that are pre- who have eating disorders. announcements to improve public awareness scribed, in accordance with generally accept- ‘‘(2) PERMISSIVE USE.—Amounts provided ed medical guidelines, for treatment of an of, and to promote the identification and under a grant under this section may be used prevention, of eating disorders. eating disorder.’’. to offer community-based training opportu- (b) INCREASED FMAP FOR EATING DISORDER ‘‘SEC. 399OO-7. AUTHORIZATION OF APPROPRIA- nities in rural areas for medical, nursing, TREATMENT SERVICES.—Section 1905(b) of the TIONS. and other health professions students and ‘‘To carry out sections 399OO-3, 399OO-4, Social Security Act (42 U.S.C. 1396d(b)), as residents on eating disorders, which may in- amended by section 4106(b) of the Patient 399OO-5, and 399OO-6, there are authorized to clude the use of distance learning networks be appropriated such sums as may be nec- Protection and Affordable Care Act, is and other available technologies needed to amended— essary for each of fiscal years 2011 through reach isolated rural areas. 2015.’’. (1) by striking ‘‘and’’ before ‘‘(5)’’; and ‘‘(d) REQUIREMENTS OF GRANTEES.— (2) by inserting before the period at the end SEC. 202. SENSE OF THE SENATE. ‘‘(1) LIMITATION ON ADMINISTRATIVE EX- the following: ‘‘, and (6) the Federal medical It is the sense of the Senate that critically PENSES.—A grantee shall not use more than assistance percentage shall be equal to the necessary programs to reduce obesity in chil- 10 percent of the amounts received under a enhanced FMAP described in section 2105(b) dren may also unintentionally increase the grant under this section for administrative with respect to medical assistance for eating unhealthy weight control behaviors that can expenses. disorder treatment services (as defined in lead to development of eating disorders, and ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee subsection (ee)(1)) provided to an individual that federally funded programs to combat under this section, and any entity receiving who is eligible for such assistance and has an obesity should take this connection into con- assistance under the grant for training and eating disorder (as defined in section 399OO sideration. education, shall contribute non-Federal of the Public Health Service Act)’’. funds, either directly or through in-kind con- TITLE III—IMPROVING TRAINING IN (c) INCLUSION IN EPSDT SERVICES.—Sec- tributions, to the costs of the activities to be HEALTH PROFESSIONS, EDUCATION, tion 1905(r)(1)(B) of such Act (42 U.S.C. funded under the grant in an amount that is AND RELATED FIELDS 1396d(r)(1)(B)) is amended— not less than 10 percent of the total cost of SEC. 301. GRANTS FOR HEALTH PROFESSIONALS. (1) in clause (iv), by striking ‘‘and’’ at the such activities. Part D of title VII of the Public Health end; ‘‘(e) EATING DISORDER.—In this section, the Service Act (42 U.S.C. 294 et seq.), as amend- term ‘eating disorder’ has the meaning given (2) in clause (v), by striking the period at ed by section 4305(c) of the Patient Protec- such term in section 399OO(e). the end and inserting ‘‘; and’’; and tion and Affordable Care Act (Public Law ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (3) by inserting after clause (v) the fol- 111–148), is further amended by adding at the There are authorized to be appropriated to lowing new clause: end the following: carry out this section such sums as may be ‘‘(vi) appropriate diagnostic services relat- ‘‘SEC. 760. GRANTS FOR HEALTH PROFES- necessary for fiscal years 2011 through 2015.’’. ing to eating disorders (as defined in section SIONALS. SEC. 302. TRAINING IN ELEMENTARY AND SEC- 399OO of the Public Health Service Act).’’. ‘‘(a) GRANTS.—The Secretary, acting ONDARY SCHOOLS. (d) EXCEPTION FROM OPTIONAL RESTRICTION through the Director of the Health Re- Section 5131(a) of the Elementary and Sec- UNDER MEDICAID DRUG COVERAGE.—Section sources and Services Administration, shall ondary Education Act of 1965 (20 U.S.C. 1927(d)(2)(A) of such Act (42 U.S.C. 1396r- award grants under this section to develop 7215(a)) is amended by adding at the end the 8(d)(2)(A)) is amended by inserting before the interdisciplinary training and education pro- following: period at the end the following: ‘‘, except for grams that provide undergraduate, graduate, ‘‘(28) Programs to improve the identifica- drugs that are prescribed, in accordance with post-graduate medical, nursing (including tion of students with eating disorders (as de- generally accepted medical guidelines, for

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2654 CONGRESSIONAL RECORD — SENATE April 26, 2010 the purpose of treatment of an individual 5 percent of the amounts received under a SENATE CONCURRENT RESOLU- who is eligible for medical assistance under grant under this section for administrative TION 60—SETTING FORTH THE the State plan and has an eating disorder (as expenses. CONGRESSIONAL BUDGET FOR defined in section 399OO of the Public Health ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee THE UNITED STATES GOVERN- Service Act)’’. under this section, and any entity receiving (e) EFFECTIVE DATE.—The amendments assistance under the grant for training and MENT FOR FISCAL YEAR 2011, made by this section shall apply to drugs and education, shall contribute non-Federal REVISING THE APPROPRIATE services furnished on or after October 1, 2010. funds, either directly or through in-kind con- BUDGETARY LEVELS FOR FIS- SEC. 402. GRANTS TO SUPPORT PATIENT ADVO- tributions, to the costs of the activities to be CAL YEAR 2010, AND SETTING CACY. funded under the grant in an amount that is FORTH THE APPROPRIATE Subpart II of part D of title IX of the Pub- not less than 75 percent of the total cost of BUDGETARY LEVELS FOR FIS- lic Health Service Act, as amended by sec- such activities. CAL YEARS 2012 THROUGH 2015 tion 6301(b) of the Patient Protection and Af- ‘‘(3) REPORTING TO SECRETARY.—A grantee fordable Care Act (Public Law 111–148), is under this section shall submit to the Sec- Mr. CONRAD, from the Committee further amended by adding at the end the retary a report, at such time, in such man- on the Budget, submitted the following following: ner, and containing such information as the concurrent resolution; which was ‘‘SEC. 938. GRANTS TO SUPPORT PATIENT ADVO- Secretary may require, including a descrip- placed on the calendar: CACY. tion and evaluation of the activities de- S. CON. RES. 60 ‘‘(a) GRANTS.—The Secretary, acting scribed in subsection (c) carried out by such Resolved by the Senate (the House of Rep- through the Director, shall award grants entity. under this section to develop and support pa- resentatives concurring), ‘‘(e) EATING DISORDER.—In this section, the tient advocacy work to help individuals with SECTION 1. CONCURRENT RESOLUTION ON THE term ‘eating disorder’ has the meaning given BUDGET FOR FISCAL YEAR 2011. eating disorders obtain adequate health care such term in section 399OO(e). services and insurance coverage. (a) DECLARATION.—Congress declares that ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) ELIGIBILITY.—To be eligible to receive this resolution is the concurrent resolution To carry out this section, there are author- a grant under this section, an entity shall— on the budget for fiscal year 2011 and that ized to be appropriated such sums as may be ‘‘(1) be a public or nonprofit private entity this resolution sets forth the appropriate necessary for fiscal years 2011 through 2015.’’. (including a health department of a State or budgetary levels for fiscal years 2010 and 2012 tribal agency, a community-based organiza- f through 2015. tion, or an institution of higher education); (b) TABLE OF CONTENTS.—The table of con- ‘‘(2) prepare and submit to the Secretary SUBMITTED RESOLUTIONS tents for this concurrent resolution is as fol- an application at such time, in such manner, lows: and containing such information as the Sec- Sec. 1. Concurrent resolution on the budget retary may require, including— SENATE RESOLUTION 500—EX- for fiscal year 2011. ‘‘(A) comprehensive strategies for advo- PRESSING THE SINCERE CONDO- TITLE I—RECOMMENDED LEVELS AND cating on behalf of, and working with, indi- AMOUNTS LENCES OF THE SENATE TO THE viduals with eating disorders or at risk for Sec. 101. Recommended levels and amounts. developing eating disorders; FAMILY, LOVED ONES, UNITED Sec. 102. Social Security. ‘‘(B) a plan for consulting with commu- STEELWORKERS, FELLOW WORK- Sec. 103. Postal Service discretionary ad- nity-based coalitions, treatment centers, or ERS, AND THE ANACORTES COM- ministrative expenses. eating disorder research experts who have MUNITY ON THE TRAGEDY AT Sec. 104. Major functional categories. experience and expertise in issues related to THE TESORO REFINERY IN TITLE II—RESERVE FUNDS eating disorders or patient advocacy in pro- ANACORTES, WASHINGTON Sec. 201. Deficit-neutral reserve fund to pro- viding services under a grant awarded under mote employment and job this section; and Mrs. MURRAY (for herself and Ms. growth. ‘‘(C) a plan for financial sustainability in- CANTWELL) submitted the following Sec. 202. Deficit-neutral reserve fund to fur- volving State, local, and private contribu- resolution; which was considered and ther stabilize and improve the tions. agreed to: regulation of the financial and ‘‘(c) USE OF FUNDS.—Amounts provided housing sectors. S. RES. 500 under a grant awarded under this section Sec. 203. Deficit-neutral reserve fund for tax shall be used to support patient advocacy Whereas the State of Washington, the relief and reform. work, including— Tesoro Corporation, and the United Steel- Sec. 204. Deficit-neutral reserve fund to in- ‘‘(1) providing education and outreach in workers experienced a tragedy on April 2, vest in clean energy and pre- community settings regarding eating dis- 2010, when a fire occurred at the Tesoro re- serve the environment. orders and associated health problems, espe- finery in Anacortes, Washington; Sec. 205. Deficit-neutral reserve fund to as- cially among low-income, minority, and Whereas 7 workers died as a result of the sist working families and chil- medically underserved populations; tragedy: Daniel J. Aldridge, Matthew C. dren. ‘‘(2) facilitating access to appropriate, ade- Bowen, Donna Van Dreumel, Matt Gumbel, Sec. 206. Deficit-neutral reserve fund for in- quate, and timely health care for individuals Darrin J. Hoines, Lew Janz, and Kathryn vestments in America’s infra- with eating disorders and associated health Powell; structure. problems; Whereas Federal and State government Sec. 207. Deficit-neutral reserve fund for ‘‘(3) assisting in communication and co- agencies, including the Chemical Safety and America’s veterans, and return- operation between patients and providers; Hazard Investigation Board, the Environ- ing and wounded ‘‘(4) representing the interests of patients mental Protection Agency, and the Wash- servicemembers. in managing health insurance claims and ington State Department of Labor and In- Sec. 208. Deficit-neutral reserve fund for plans; dustries, are investigating the tragedy and higher education. ‘‘(5) providing education and outreach re- reviewing current safety procedures and Sec. 209. Deficit-neutral reserve fund for garding enrollment in health insurance, in- processes to prevent future tragedies from health care. Sec. 210. Deficit-neutral reserve fund for in- cluding enrollment in the Medicare program occurring; and vestments in our Nation’s coun- under title XVIII of the Social Security Act, Whereas, to support the victims and the families involved in the tragedy, the United ties and schools. the Medicaid program under title XIX of Sec. 211. Deficit-neutral reserve fund for the Steelworkers Local 12-591 has established the such Act, and the Children’s Health Insur- Federal judiciary. Tesoro Incident Family Fund and the Tesoro ance Program under title XXI of such Act; Sec. 212. Deficit-reduction reserve fund for Corporation and the Skagit Community ‘‘(6) identifying, referring, and enrolling recommendations of the Na- Foundation have partnered to establish the underserved populations in appropriate tional Commission on Fiscal Tesoro Anacortes Refinery Survivors Fund: health care agencies and community-based Responsibility and Reform. programs and organizations in order to in- Now, therefore, be it Sec. 213. Deficit-reduction reserve fund for crease access to high-quality health care Resolved, That the Senate— improper payments. services; (1) expresses the sincere condolences of the Sec. 214. Deficit-reduction reserve fund for ‘‘(7) providing technical assistance, train- Senate to the family, loved ones, United terminated programs. ing, and organizational support for patient Steelworkers, fellow workers, and the Sec. 215. Deficit-neutral reserve fund for advocates; and Anacortes community on the tragedy at the small business tax relief. ‘‘(8) creating, operating, and participating Tesoro refinery in Anacortes, Washington; Sec. 216. Deficit-neutral reserve fund for in State or regional networks of patient ad- and greater accountability for Re- vocates. (2) honors Daniel J. Aldridge, Matthew C. covery Act funding. ‘‘(d) REQUIREMENTS OF GRANTEES.— Bowen, Donna Van Dreumel, Matt Gumbel, Sec. 217. Deficit-neutral reserve fund for ‘‘(1) LIMITATION ON ADMINISTRATIVE EX- Darrin J. Hoines, Lew Janz, and Kathryn greater accountability for PENSES.—A grantee shall not use more than Powell. health care reform.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0655 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2655

Sec. 218. Deficit-neutral reserve fund for re- (2) NEW BUDGET AUTHORITY.—For purposes (B) Outlays, $6,172,000,000. ducing tax increases on low- of the enforcement of this resolution, the ap- Fiscal year 2012: and middle-income Americans. propriate levels of total new budget author- (A) New budget authority, $6,543,000,000. Sec. 219. Deficit-reduction reserve fund to ity are as follows: (B) Outlays, $6,472,000,000. promote corporate tax fairness. Fiscal year 2010: $3,010,959,000,000. Fiscal year 2013: Sec. 220. Deficit-neutral reserve fund for re- Fiscal year 2011: $3,126,966,000,000. (A) New budget authority, $6,845,000,000. ducing tax increases on low- Fiscal year 2012: $2,943,394,000,000. (B) Outlays, $6,784,000,000. and middle-income Americans Fiscal year 2013: $3,082,922,000,000. Fiscal year 2014: and protecting retirees. Fiscal year 2014: $3,290,175,000,000. (A) New budget authority, $7,217,000,000. Sec. 221. Deficit-neutral reserve fund tax- Fiscal year 2015: $3,466,385,000,000. (B) Outlays, $7,144,000,000. payer access to IRS appeals. (3) BUDGET OUTLAYS.—For purposes of the Fiscal year 2015: Sec. 222. Deficit-neutral reserve fund to enforcement of this resolution, the appro- (A) New budget authority, $7,441,000,000. make it more difficult for cor- priate levels of total budget outlays are as (B) Outlays, $7,384,000,000. porations to influence elec- follows: SEC. 103. POSTAL SERVICE DISCRETIONARY AD- tions. Fiscal year 2010: $3,010,156,000,000. MINISTRATIVE EXPENSES. Sec. 223. Deficit-neutral reserve fund to re- Fiscal year 2011: $3,191,258,000,000. In the Senate, the amounts of new budget peal deductions from mineral Fiscal year 2012: $3,031,177,000,000. authority and budget outlays of the Postal revenue payments to States. Fiscal year 2013: $3,087,252,000,000. Service for discretionary administrative ex- Sec. 224. Deficit-neutral reserve fund for in- Fiscal year 2014: $3,265,543,000,000. penses are as follows: creasing transparency regard- Fiscal year 2015: $3,427,244,000,000. Fiscal year 2010: ing foreign holders of United (4) DEFICITS.—For purposes of the enforce- (A) New budget authority, $258,000,000. States debt and assessing risks ment of this resolution, the amounts of the (B) Outlays, $258,000,000. related to the Federal debt. deficits are as follows: Fiscal year 2011: TITLE III—BUDGET PROCESS Fiscal year 2010: $1,499,238,000,000. (A) New budget authority, $258,000,000. Fiscal year 2011: $1,353,214,000,000. (B) Outlays, $258,000,000. Subtitle A—Budget Enforcement Fiscal year 2012: $1,006,786,000,000. Fiscal year 2012: Sec. 301. Discretionary spending limits for Fiscal year 2013: $711,236,000,000. (A) New budget authority, $247,000,000. fiscal years 2010 through 2013, Fiscal year 2014: $679,464,000,000. (B) Outlays, $248,000,000. program integrity initiatives, Fiscal year 2015: $682,312,000,000. Fiscal year 2013: and other adjustments. (5) PUBLIC DEBT.—Pursuant to section (A) New budget authority, $239,000,000. Sec. 302. Point of order against advance ap- 301(a)(5) of the Congressional Budget Act of (B) Outlays, $239,000,000. propriations. 1974, the appropriate levels of the public debt Fiscal year 2014: Sec. 303. Strengthened emergency designa- are as follows: (A) New budget authority, $244,000,000. tion. Fiscal year 2010: $13,532,565,000,000. (B) Outlays, $244,000,000. Sec. 304. Adjustments for the extension of Fiscal year 2011: $14,751,676,000,000. Fiscal year 2015: certain current policies. Fiscal year 2012: $15,874,006,000,000. (A) New budget authority, $251,000,000. Sec. 305. Extension of enforcement of budg- Fiscal year 2013: $16,689,903,000,000. (B) Outlays, $251,000,000. etary points of order in the Fiscal year 2014: $17,457,336,000,000. SEC. 104. MAJOR FUNCTIONAL CATEGORIES. Senate. Fiscal year 2015: $18,244,046,000,000. Congress determines and declares that the Sec. 306. Point of order establishing a 20 per- (6) DEBT HELD BY THE PUBLIC.—The appro- appropriate levels of new budget authority cent limit on new direct spend- priate levels of debt held by the public are as and outlays for fiscal years 2010 through 2015 ing in reconciliation legisla- follows: for each major functional category are: tion. Fiscal year 2010: $9,066,812,000,000. (1) National Defense (050): Subtitle B—Other Provisions Fiscal year 2011: $10,172,552,000,000. Fiscal year 2010: Sec. 311. Oversight of Government perform- Fiscal year 2012: $11,122,149,000,000. (A) New budget authority, $723,239,000,000. ance. Fiscal year 2013: $11,751,602,000,000. (B) Outlays, $702,700,000,000. Sec. 312. Budgetary treatment of certain dis- Fiscal year 2014: $12,331,071,000,000. Fiscal year 2011: cretionary administrative ex- Fiscal year 2015: $12,900,053,000,000. (A) New budget authority, $738,866,000,000. penses. SEC. 102. SOCIAL SECURITY. (B) Outlays, $739,429,000,000. Sec. 313. Application and effect of changes (a) SOCIAL SECURITY REVENUES.—For pur- Fiscal year 2012: in allocations and aggregates. poses of Senate enforcement under sections (A) New budget authority, $647,206,000,000. Sec. 314. Adjustments to reflect changes in 302 and 311 of the Congressional Budget Act (B) Outlays, $699,652,000,000. concepts and definitions. of 1974, the amounts of revenues of the Fed- Fiscal year 2013: Sec. 315. Truth in debt. eral Old-Age and Survivors Insurance Trust (A) New budget authority, $662,503,000,000. Sec. 316. Truth in Debt Disclosures. Fund and the Federal Disability Insurance (B) Outlays, $674,828,000,000. Sec. 317. Further disclosure of levels in this Trust Fund are as follows: Fiscal year 2014: resolution. Fiscal year 2010: $641,486,000,000. (A) New budget authority, $678,995,000,000. Sec. 318. Exercise of rulemaking powers. Fiscal year 2011: $672,571,000,000. (B) Outlays, $672,525,000,000. TITLE IV—RECONCILIATION Fiscal year 2012: $710,359,000,000. Fiscal year 2015: Fiscal year 2013: $754,842,000,000. (A) New budget authority, $697,856,000,000. Sec. 401. Reconciliation in the Senate. Fiscal year 2014: $798,824,000,000. (B) Outlays, $684,639,000,000. TITLE I—RECOMMENDED LEVELS AND Fiscal year 2015: $838,280,000,000. (2) International Affairs (150): AMOUNTS (b) SOCIAL SECURITY OUTLAYS.—For pur- Fiscal year 2010: SEC. 101. RECOMMENDED LEVELS AND poses of Senate enforcement under sections (A) New budget authority, $68,728,000,000. AMOUNTS. 302 and 311 of the Congressional Budget Act (B) Outlays, $47,180,000,000. The following budgetary levels are appro- of 1974, the amounts of outlays of the Fed- Fiscal year 2011: priate for each of fiscal years 2010 through eral Old-Age and Survivors Insurance Trust (A) New budget authority, $57,499,000,000. 2015: Fund and the Federal Disability Insurance (B) Outlays, $51,345,000,000. (1) FEDERAL REVENUES.—For purposes of Trust Fund are as follows: Fiscal year 2012: the enforcement of this resolution: Fiscal year 2010: $545,302,000,000. (A) New budget authority, $60,566,000,000. (A) The recommended levels of Federal Fiscal year 2011: $569,502,000,000. (B) Outlays, $56,737,000,000. revenues are as follows: Fiscal year 2012: $599,385,000,000. Fiscal year 2013: Fiscal year 2010: $1,510,918,000,000. Fiscal year 2013: $630,333,000,000. (A) New budget authority, $60,823,000,000. Fiscal year 2011: $1,838,044,000,000. Fiscal year 2014: $660,273,000,000. (B) Outlays, $59,532,000,000. Fiscal year 2012: $2,024,391,000,000. Fiscal year 2015: $692,319,000,000. Fiscal year 2014: Fiscal year 2013: $2,376,016,000,000. (c) SOCIAL SECURITY ADMINISTRATIVE EX- (A) New budget authority, $61,546,000,000. Fiscal year 2014: $2,586,079,000,000. PENSES.—In the Senate, the amounts of new (B) Outlays, $62,624,000,000. Fiscal year 2015: $2,744,932,000,000. budget authority and budget outlays of the Fiscal year 2015: (B) The amounts by which the aggregate Federal Old-Age and Survivors Insurance (A) New budget authority, $62,584,000,000. levels of Federal revenues should be changed Trust Fund and the Federal Disability Insur- (B) Outlays, $64,778,000,000. are as follows: ance Trust Fund for administrative expenses (3) General Science, Space, and Technology Fiscal year 2010: –$15,800,000,000. are as follows: (250): Fiscal year 2011: –$159,549,000,000. Fiscal year 2010: Fiscal year 2010: Fiscal year 2012: –$235,291,000,000. (A) New budget authority, $5,811,000,000. (A) New budget authority, $31,081,000,000. Fiscal year 2013: –$118,180,000,000. (B) Outlays, $5,654,000,000. (B) Outlays, $31,673,000,000. Fiscal year 2014: –$155,358,000,000. Fiscal year 2011: Fiscal year 2011: Fiscal year 2015: –$111,377,000,000. (A) New budget authority, $6,266,000,000. (A) New budget authority, $31,793,000,000.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2656 CONGRESSIONAL RECORD — SENATE April 26, 2010 (B) Outlays, $32,281,000,000. (A) New budget authority, $12,697,000,000. (A) New budget authority, $508,104,000,000. Fiscal year 2012: (B) Outlays, –$5,122,000,000. (B) Outlays, $507,877,000,000. (A) New budget authority, $32,080,000,000. (8) Transportation (400): Fiscal year 2013: (B) Outlays, $32,072,000,000. Fiscal year 2010: (A) New budget authority, $552,954,000,000. Fiscal year 2013: (A) New budget authority, $102,701,000,000. (B) Outlays, $553,106,000,000. (A) New budget authority, $32,746,000,000. (B) Outlays, $96,423,000,000. Fiscal year 2014: (B) Outlays, $32,096,000,000. Fiscal year 2011: (A) New budget authority, $593,495,000,000. Fiscal year 2014: (A) New budget authority, $92,212,000,000. (B) Outlays, $593,312,000,000. (A) New budget authority, $33,547,000,000. (B) Outlays, $97,123,000,000. Fiscal year 2015: (B) Outlays, $32,496,000,000. Fiscal year 2012: (A) New budget authority, $597,271,000,000. Fiscal year 2015: (A) New budget authority, $93,296,000,000. (B) Outlays, $597,025,000,000. (A) New budget authority, $33,934,000,000. (B) Outlays, $95,510,000,000. (13) Income Security (600): (B) Outlays, $32,792,000,000. Fiscal year 2013: Fiscal year 2010: (4) Energy (270): (A) New budget authority, $93,591,000,000. (A) New budget authority, $618,514,000,000. Fiscal year 2010: (B) Outlays, $94,697,000,000. (B) Outlays, $622,845,000,000. (A) New budget authority, $7,860,000,000. Fiscal year 2014: Fiscal year 2011: (B) Outlays, $10,090,000,000. (A) New budget authority, $94,116,000,000. (A) New budget authority, $555,845,000,000. Fiscal year 2011: (B) Outlays, $94,928,000,000. (B) Outlays, $558,611,000,000. (A) New budget authority, $10,801,000,000. Fiscal year 2015: Fiscal year 2012: (B) Outlays, $14,715,000,000. (A) New budget authority, $95,531,000,000. (A) New budget authority, $486,754,000,000. Fiscal year 2012: (B) Outlays, $96,257,000,000. (B) Outlays, $489,375,000,000. (A) New budget authority, $9,281,000,000. (9) Community and Regional Development Fiscal year 2013: (B) Outlays, $16,907,000,000. (450): (A) New budget authority, $481,503,000,000. Fiscal year 2013: Fiscal year 2010: (B) Outlays, $482,546,000,000. (A) New budget authority, $6,697,000,000. (A) New budget authority, $23,655,000,000. Fiscal year 2014: (B) Outlays, $12,988,000,000. (B) Outlays, $25,733,000,000. (A) New budget authority, $490,478,000,000. Fiscal year 2014: Fiscal year 2011: (B) Outlays, $489,688,000,000. (A) New budget authority, $5,710,000,000. (A) New budget authority, $18,229,000,000. Fiscal year 2015: (B) Outlays, $10,506,000,000. (B) Outlays, $28,188,000,000. (A) New budget authority, $505,301,000,000. Fiscal year 2015: Fiscal year 2012: (B) Outlays, $503,905,000,000. (A) New budget authority, $5,118,000,000. (A) New budget authority, $18,132,000,000. (14) Social Security (650): (B) Outlays, $6,991,000,000. (B) Outlays, $26,505,000,000. Fiscal year 2010: (5) Natural Resources and Environment Fiscal year 2013: (A) New budget authority, $22,052,000,000. (300): (A) New budget authority, $17,913,000,000. (B) Outlays, $22,333,000,000. Fiscal year 2010: (B) Outlays, $23,875,000,000. Fiscal year 2011: (A) New budget authority, $38,666,000,000. Fiscal year 2014: (A) New budget authority, $24,524,000,000. (B) Outlays, $43,068,000,000. (A) New budget authority, $18,341,000,000. (B) Outlays, $24,694,000,000. Fiscal year 2011: (B) Outlays, $21,562,000,000. Fiscal year 2012: (A) New budget authority, $39,606,000,000. Fiscal year 2015: (A) New budget authority, $27,082,000,000. (B) Outlays, $42,434,000,000. (A) New budget authority, $18,779,000,000. (B) Outlays, $27,242,000,000. Fiscal year 2012: (B) Outlays, $20,272,000,000. Fiscal year 2013: (A) New budget authority, $39,829,000,000. (10) Education, Training, Employment, and (A) New budget authority, $30,084,000,000. (B) Outlays, $41,412,000,000. Social Services (500): (B) Outlays, $30,244,000,000. Fiscal year 2013: Fiscal year 2010: Fiscal year 2014: (A) New budget authority, $38,086,000,000. (A) New budget authority, $74,858,000,000. (A) New budget authority, $33,288,000,000. (B) Outlays, $40,169,000,000. (B) Outlays, $125,382,000,000. (B) Outlays, $33,408,000,000. Fiscal year 2014: Fiscal year 2011: Fiscal year 2015: (A) New budget authority, $37,947,000,000. (A) New budget authority, $108,714,000,000. (A) New budget authority, $36,381,000,000. (B) Outlays, $39,467,000,000. (B) Outlays, $126,617,000,000. (B) Outlays, $36,381,000,000. Fiscal year 2015: Fiscal year 2012: (15) Veterans Benefits and Services (700): (A) New budget authority, $38,077,000,000. (A) New budget authority, $89,062,000,000. Fiscal year 2010: (B) Outlays, $38,875,000,000. (B) Outlays, $107,532,000,000. (A) New budget authority, $114,398,000,000. (6) Agriculture (350): Fiscal year 2013: (B) Outlays, $113,393,000,000. Fiscal year 2010: (A) New budget authority, $90,332,000,000. Fiscal year 2011: (A) New budget authority, $26,679,000,000. (B) Outlays, $91,785,000,000. (A) New budget authority, $127,411,000,000. (B) Outlays, $24,733,000,000. Fiscal year 2014: (B) Outlays, $126,655,000,000. Fiscal year 2011: (A) New budget authority, $96,604,000,000. Fiscal year 2012: (A) New budget authority, $24,814,000,000. (B) Outlays, $94,934,000,000. (A) New budget authority, $121,121,000,000. (B) Outlays, $25,251,000,000. Fiscal year 2015: (B) Outlays, $120,718,000,000. Fiscal year 2012: (A) New budget authority, $103,241,000,000. Fiscal year 2013: (A) New budget authority, $22,103,000,000. (B) Outlays, $99,977,000,000. (A) New budget authority, $129,737,000,000. (B) Outlays, $18,622,000,000. (11) Health (550): (B) Outlays, $129,230,000,000. Fiscal year 2013: Fiscal year 2010: Fiscal year 2014: (A) New budget authority, $22,904,000,000. (A) New budget authority, $376,818,000,000. (A) New budget authority, $133,539,000,000. (B) Outlays, $22,898,000,000. (B) Outlays, $374,857,000,000. (B) Outlays, $132,943,000,000. Fiscal year 2014: Fiscal year 2011: Fiscal year 2015: (A) New budget authority, $22,977,000,000. (A) New budget authority, $363,156,000,000. (A) New budget authority, $137,137,000,000. (B) Outlays, $22,195,000,000. (B) Outlays, $366,382,000,000. (B) Outlays, $136,489,000,000. Fiscal year 2015: Fiscal year 2012: (16) Administration of Justice (750): (A) New budget authority, $22,326,000,000. (A) New budget authority, $358,813,000,000. Fiscal year 2010: (B) Outlays, $21,604,000,000. (B) Outlays, $357,921,000,000. (A) New budget authority, $53,894,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2013: (B) Outlays, $55,914,000,000. Fiscal year 2010: (A) New budget authority, $370,831,000,000. Fiscal year 2011: (A) New budget authority, –$44,238,000,000. (B) Outlays, $362,911,000,000. (A) New budget authority, $55,581,000,000. (B) Outlays, –$58,464,000,000. Fiscal year 2014: (B) Outlays, $57,912,000,000. Fiscal year 2011: (A) New budget authority, $433,616,000,000. Fiscal year 2012: (A) New budget authority, $17,604,000,000. (B) Outlays, $423,637,000,000. (A) New budget authority, $54,641,000,000. (B) Outlays, $33,286,000,000. Fiscal year 2015: (B) Outlays, $56,697,000,000. Fiscal year 2012: (A) New budget authority, $489,176,000,000. Fiscal year 2013: (A) New budget authority, $15,436,000,000. (B) Outlays, $478,715,000,000. (A) New budget authority, $54,677,000,000. (B) Outlays, $16,712,000,000. (12) Medicare (570): (B) Outlays, $54,902,000,000. Fiscal year 2013: Fiscal year 2010: Fiscal year 2014: (A) New budget authority, $13,709,000,000. (A) New budget authority, $469,687,000,000. (A) New budget authority, $56,370,000,000. (B) Outlays, –$2,502,000,000. (B) Outlays, $469,798,000,000. (B) Outlays, $54,538,000,000. Fiscal year 2014: Fiscal year 2011: Fiscal year 2015: (A) New budget authority, $12,308,000,000. (A) New budget authority, $517,747,000,000. (A) New budget authority, $58,299,000,000. (B) Outlays, –$5,192,000,000. (B) Outlays, $517,521,000,000. (B) Outlays, $57,292,000,000. Fiscal year 2015: Fiscal year 2012: (17) General Government (800):

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2657 Fiscal year 2010: growth, by the amounts provided in such leg- over either the period of the total of fiscal (A) New budget authority, $25,680,000,000. islation for those purposes, provided that years 2010 through 2015 or the period of the (B) Outlays, $25,811,000,000. such legislation would not increase the def- total of fiscal years 2010 through 2020. Fiscal year 2011: icit over either the period of the total of fis- SEC. 202. DEFICIT-NEUTRAL RESERVE FUND TO (A) New budget authority, $27,090,000,000. cal years 2010 through 2015 or the period of FURTHER STABILIZE AND IMPROVE (B) Outlays, $27,894,000,000. the total of fiscal years 2010 through 2020. THE REGULATION OF THE FINAN- Fiscal year 2012: (b) SMALL BUSINESS ASSISTANCE.—The CIAL AND HOUSING SECTORS. (A) New budget authority, $27,279,000,000. Chairman of the Committee on the Budget of The Chairman of the Committee on the (B) Outlays, $29,038,000,000. the Senate may revise the allocations of a Budget of the Senate may revise the alloca- Fiscal year 2013: committee or committees, aggregates, and tions of a committee or committees, aggre- (A) New budget authority, $27,098,000,000. other appropriate levels in this resolution gates, and other appropriate levels in this (B) Outlays, $28,636,000,000. for one or more bills, joint resolutions, resolution for one or more bills, joint resolu- Fiscal year 2014: amendments, motions, or conference reports tions, amendments, motions, or conference (A) New budget authority, $27,700,000,000. that provide assistance to small businesses, reports related to the regulation of financial (B) Outlays, $28,970,000,000. including increasing the availability of cred- markets, firms, or products, or to otherwise Fiscal year 2015: it from banks or credit unions, by the stabilize or strengthen the financial and (A) New budget authority, $28,021,000,000. amounts provided in such legislation for housing sectors of our economy, by the (B) Outlays, $28,781,000,000. those purposes, provided that such legisla- amounts provided in such legislation for (18) Net Interest (900): tion would not increase the deficit over ei- those purposes, provided that such legisla- Fiscal year 2010: ther the period of the total of fiscal years tion would not increase the deficit over ei- (A) New budget authority, $328,887,000,000. 2010 through 2015 or the period of the total of ther the period of the total of fiscal years (B) Outlays, $328,887,000,000. fiscal years 2010 through 2020. 2010 through 2015 or the period of the total of (c) UNEMPLOYMENT RELIEF.—The Chairman Fiscal year 2011: fiscal years 2010 through 2020. of the Committee on the Budget of the Sen- (A) New budget authority, $359,630,000,000. SEC. 203. DEFICIT-NEUTRAL RESERVE FUND FOR ate may revise the allocations of a com- TAX RELIEF AND REFORM. (B) Outlays, $359,630,000,000. mittee or committees, aggregates, and other (a) TAX RELIEF.—The Chairman of the Fiscal year 2012: appropriate levels in this resolution for one Committee on the Budget of the Senate may (A) New budget authority, $410,764,000,000. or more bills, joint resolutions, amendments, revise the allocations of a committee or (B) Outlays, $410,764,000,000. motions, or conference reports that reduce committees, aggregates, and other appro- Fiscal year 2013: the unemployment rate or provide assistance priate levels in this resolution by the (A) New budget authority, $476,154,000,000. to the unemployed, particularly in the amounts provided by one or more bills, joint (B) Outlays, $476,154,000,000. States and localities with the highest rates resolutions, amendments, motions, or con- Fiscal year 2014: of unemployment, or improve the implemen- ference reports that provide tax relief, in- (A) New budget authority, $548,649,000,000. tation of the unemployment compensation cluding but not limited to extensions of ex- (B) Outlays, $548,649,000,000. program, by the amounts provided in such piring and expired tax relief or refundable Fiscal year 2015: legislation for those purposes, provided that tax relief, by the amounts provided in that (A) New budget authority, $623,705,000,000. such legislation would not increase the def- legislation for those purposes, provided that (B) Outlays, $623,705,000,000. icit over either the period of the total of fis- the provisions in such legislation other than (19) Allowances (920): cal years 2010 through 2015 or the period of those providing for the extension of policies Fiscal year 2010: the total of fiscal years 2010 through 2020. defined in section 304 (c)(2), (c)(3), or (c)(4) of (A) New budget authority, $12,416,000,000. (d) TRADE.—The Chairman of the Com- this concurrent resolution would not in- (B) Outlays, $12,416,000,000. mittee on the Budget of the Senate may re- crease the deficit over either the period of Fiscal year 2011: vise the allocations of a committee or com- the total of fiscal years 2010 through 2015 or (A) New budget authority, $26,818,000,000. mittees, aggregates, and other appropriate the period of the total of fiscal years 2010 (B) Outlays, $32,264,000,000. levels in this resolution for one or more bills, through 2020. Revisions made pursuant to Fiscal year 2012: joint resolutions, amendments, motions, or this subsection shall not include amounts as- (A) New budget authority, –$3,647,000,000. conference reports related to trade, includ- sociated with the extension of policies de- (B) Outlays, –$5,608,000,000. ing Trade Adjustment Assistance programs, fined in section 304 (c)(2), (c)(3), or (c)(4) of Fiscal year 2013: by the amounts provided in such legislation this concurrent resolution. (A) New budget authority, –$2,507,000,000. for those purposes, provided that such legis- (b) TAX REFORM.—The Chairman of the (B) Outlays, –$3,930,000,000. lation would not increase the deficit over ei- Committee on the Budget of the Senate may Fiscal year 2014: ther the period of the total of fiscal years revise the allocations of a committee or (A) New budget authority, –$11,637,000,000. 2010 through 2015 or the period of the total of committees, aggregates, and other appro- (B) Outlays, –$8,233,000,000. fiscal years 2010 through 2020. priate levels in this resolution for one or Fiscal year 2015: (e) MANUFACTURING.—The Chairman of the more bills, joint resolutions, amendments, (A) New budget authority, –$19,063,000,000. Committee on the Budget of the Senate may motions, or conference reports that would (B) Outlays, –$16,126,000,000. revise the allocations of a committee or reform the Internal Revenue Code to ensure (20) Undistributed Offsetting Receipts (950): committees, aggregates, and other appro- a sustainable revenue base that lead to a Fiscal year 2010: priate levels and limits in this resolution for fairer and more efficient tax system and to a (A) New budget authority, –$64,616,000,000. one or more bills, joint resolutions, amend- more competitive business environment for (B) Outlays, –$64,616,000,000. ments, motions, or conference reports, in- United States enterprises, by the amounts Fiscal year 2011: cluding tax legislation, that revitalize and provided in such legislation for those pur- (A) New budget authority, –$70,974,000,000. strengthen the United States domestic man- poses, provided that such legislation would (B) Outlays, –$70,974,000,000. ufacturing sector, by the amounts provided not increase the deficit over either the pe- Fiscal year 2012: in that legislation for those purposes, pro- riod of the total of fiscal years 2010 through (A) New budget authority, –$74,508,000,000. vided that such legislation would not in- 2015 or the period of the total of fiscal years (B) Outlays, –$74,508,000,000. crease the deficit over either the period of 2010 through 2020. Fiscal year 2013: the total of fiscal years 2010 through 2015 or SEC. 204. DEFICIT-NEUTRAL RESERVE FUND TO (A) New budget authority, –$76,913,000,000. the period of the total of fiscal years 2010 INVEST IN CLEAN ENERGY AND PRE- (B) Outlays, –$76,913,000,000. through 2020. SERVE THE ENVIRONMENT. Fiscal year 2014: (f) DEFICIT-NEUTRAL RESERVE FUND FOR IM- (a) INVESTING IN CLEAN ENERGY AND PRE- (A) New budget authority, –$77,414,000,000. PROVING FOREST AND WATERSHED HEALTH AND SERVING THE ENVIRONMENT.—The Chairman (B) Outlays, –$77,414,000,000. RESILIENCY.—The Chairman of the Com- of the Committee on the Budget of the Sen- Fiscal year 2015: mittee on the Budget of the Senate may re- ate may revise the allocations of a com- (A) New budget authority, –$79,986,000,000. vise the allocations of a committee or com- mittee or committees, aggregates, and other (B) Outlays, –$79,986,000,000. mittees, aggregates, and other appropriate appropriate levels and limits in this resolu- TITLE II—RESERVE FUNDS levels in this resolution for one or more bills, tion for one or more bills, joint resolutions, SEC. 201. DEFICIT-NEUTRAL RESERVE FUND TO joint resolutions, amendments, motions, or amendments, motions, or conference reports PROMOTE EMPLOYMENT AND JOB conference reports providing for a robust that— GROWTH. Federal investment in programs that im- (1) reduce our Nation’s dependence on im- (a) EMPLOYMENT AND JOB GROWTH.—The prove forest and watershed health and resil- ported energy; Chairman of the Committee on the Budget of iency, including programs that reduce the (2) promote renewable energy development the Senate may revise the allocations of a risk of forest fires, insect or disease out- or produce clean energy jobs; committee or committees, aggregates, and breaks, or the spread of invasive species, (3) accelerate the research, development, other appropriate levels and limits in this thereby creating natural resource related demonstration, and deployment of advanced resolution for one or more bills, joint resolu- jobs, by the amounts provided in such legis- technologies to capture and store carbon di- tions, amendments, motions, or conference lation for those purposes, provided that such oxide emissions from coal-fired power plants reports related to employment and job legislation would not increase the deficit and other industrial emission sources and to

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2658 CONGRESSIONAL RECORD — SENATE April 26, 2010 use coal in an environmentally-acceptable Grant (SSBG), the Temporary Assistance for allocations of a committee or committees, manner; Needy Families (TANF) program, child sup- aggregates, and other appropriate levels and (4) strengthen and retool manufacturing port enforcement programs, or other assist- limits in this resolution for one or more supply chains; ance to low-income families, by the amounts bills, joint resolutions, amendments, mo- (5) promote clean energy financing; provided in such legislation for those pur- tions, or conference reports that authorize (6) encourage conservation and efficiency poses, provided that such legislation would multimodal transportation projects that in- or improve electricity transmission; not increase the deficit over either the pe- clude performance expectations, metrics, (7) make improvements to the Low-Income riod of the total of fiscal years 2010 through and a schedule for reports on results by the Home Energy Assistance Program; 2015 or the period of the total of fiscal years amounts provided in that legislation for (8) set aside additional funding from the 2010 through 2020. those purposes, provided that such legisla- Oil Spill Liability Trust Fund for Arctic oil (c) HOUSING ASSISTANCE.—The Chairman of tion would not increase the deficit over ei- spill research; the Committee on the Budget of the Senate ther the period of the total of fiscal years (9) implement water settlements; may revise the allocations of a committee or 2010 through 2015 or the period of the total of (10) provide additional resources for committees, aggregates, and other appro- fiscal years 2010 through 2020. wildland fire management activities; or priate levels and limits in this resolution for (d) FLOOD CONTROL PROJECTS AND INSUR- (11) preserve, restore, or protect the Na- one or more bills, joint resolutions, amend- ANCE REFORM.—The Chairman of the Com- tion’s public lands, oceans, coastal areas, or ments, motions, or conference reports re- mittee on the Budget of the Senate may re- aquatic ecosystems; lated to housing assistance, which may in- vise the allocations of a committee or com- by the amounts provided in such legislation clude low-income rental assistance, or as- mittees, aggregates, and other appropriate for those purposes, provided that such legis- sistance provided through the Housing Trust levels and limits in this resolution for one or lation would not increase the deficit over ei- Fund created under section 1131 of the Hous- more bills, joint resolutions, amendments, ther the period of the total of fiscal years ing and Economic Recovery Act of 2008, by motions, or conference reports that provide 2010 through 2015 or the period of the total of the amounts provided in such legislation for for levee or dam modernization, mainte- fiscal years 2010 through 2020. The legislation those purposes, provided that such legisla- nance, repair, and improvement, increase the may include tax provisions. tion would not increase the deficit over ei- resources available to prevent or mitigate (b) CLIMATE CHANGE LEGISLATION.—The ther the period of the total of fiscal years flooding or the damage caused by flooding, Chairman of the Committee on the Budget of 2010 through 2015 or the period of the total of or provide for flood insurance reform and the Senate may revise the allocations of a fiscal years 2010 through 2020. modernization, by the amounts provided in committee or committees, aggregates, and (d) CHILD WELFARE.—The Chairman of the such legislation for those purposes, provided other appropriate levels and limits in this Committee on the Budget of the Senate may that such legislation would not increase the resolution for one or more bills, joint resolu- revise the allocations of a committee or deficit over either the period of the total of tions, amendments, motions, or conference committees, aggregates, and other appro- fiscal years 2010 through 2015 or the period of reports that would— priate levels in this resolution for one or the total of fiscal years 2010 through 2020. (1) invest in clean energy technology ini- more bills, joint resolutions, amendments, SEC. 207. DEFICIT-NEUTRAL RESERVE FUND FOR tiatives; motions, or conference reports related to AMERICA’S VETERANS, AND RE- (2) decrease greenhouse gas emissions; child welfare programs, which may include TURNING AND WOUNDED (3) create new jobs in a clean technology the Federal foster care payment system, by SERVICEMEMBERS. The Chairman of the Committee on the economy; the amounts provided in such legislation for Budget of the Senate may revise the alloca- (4) strengthen the manufacturing competi- those purposes, provided that such legisla- tions of a committee or committees, aggre- tiveness of the United States; tion would not increase the deficit over ei- gates, and other appropriate levels in this (5) diversify the domestic clean energy sup- ther the period of the total of fiscal years resolution for one or more bills, joint resolu- ply to increase the energy security of the 2010 through 2015 or the period of the total of tions, amendments, motions, or conference United States; fiscal years 2010 through 2020. reports that— (6) protect consumers (including policies SEC. 206. DEFICIT-NEUTRAL RESERVE FUND FOR (1) expand the number of disabled military that address regional differences); INVESTMENTS IN AMERICA’S INFRA- retirees who receive both disability com- (7) provide incentives for cost-savings STRUCTURE. pensation and retired pay (concurrent re- achieved through energy efficiencies; (a) INFRASTRUCTURE.—The Chairman of the ceipt); (8) provide voluntary opportunities for ag- Committee on the Budget of the Senate may (2) reduce or eliminate the offset between riculture and forestry communities to con- revise the allocations of a committee or Survivor Benefit Plan annuities and Vet- tribute to reducing the levels of greenhouse committees, aggregates, and other appro- erans’ Dependency and Indemnity Compensa- gases in the atmosphere; or priate levels and limits in this resolution for tion; (9) help families, workers, communities, one or more bills, joint resolutions, amend- (3) enhance or maintain the affordability and businesses make the transition to a ments, motions, or conference reports that of health care for military personnel, mili- clean energy economy; provide for Federal investment in America’s by the amounts provided in such legislation infrastructure, which may include projects tary retirees, or veterans; for those purposes, provided that such legis- for public housing, energy, water, waste- (4) improve disability benefits or evalua- lation would not increase the deficit over ei- water, transportation, freight and passenger tions for wounded or disabled military per- ther the period of the total of fiscal years rail, or financing through Build America sonnel or veterans (including measures to ex- 2010 through 2015 or the period of the total of Bonds, by the amounts provided in that leg- pedite the claims process); fiscal years 2010 through 2020. islation for those purposes, provided that (5) allow Reserve Component servicemembers to remain on active duty for SEC. 205. DEFICIT-NEUTRAL RESERVE FUND TO such legislation would not increase the def- ASSIST WORKING FAMILIES AND icit over either the period of the total of fis- a period of time after redeploying in order to CHILDREN. cal years 2010 through 2015 or the period of ease the adjustment from combat to civilian (a) CHILD NUTRITION AND WIC.—The Chair- the total of fiscal years 2010 through 2020. life; or man of the Committee on the Budget of the (b) SURFACE TRANSPORTATION.—The Chair- (6) expand veterans’ benefits including for Senate may revise the allocations of a com- man of the Committee on the Budget of the veterans living in rural areas or for care- mittee or committees, aggregates, and other Senate may revise the allocations of a com- givers providing assistance to veterans; appropriate levels and limits in this resolu- mittee or committees, aggregates, and other by the amounts provided in such legislation tion for one or more bills, joint resolutions, appropriate levels and limits in this resolu- for those purposes, provided that such legis- amendments, motions, or conference reports tion for one or more bills, joint resolutions, lation would not increase the deficit over ei- that reauthorize child nutrition programs or amendments, motions, or conference reports ther the period of the total of fiscal years the Special Supplemental Nutrition Program that provide new contract authority paid out 2010 through 2015 or the period of the total of for Women, Infants, and Children (the WIC of the Highway Trust Fund for surface trans- fiscal years 2010 through 2020. program), by the amounts provided in such portation programs to the extent such new SEC. 208. DEFICIT-NEUTRAL RESERVE FUND FOR legislation for those purposes, provided that contract authority is offset by an increase in HIGHER EDUCATION. such legislation would not increase the def- receipts to the Highway Trust Fund (exclud- The Chairman of the Committee on the icit over either the period of the total of fis- ing transfers from the general fund of the Budget of the Senate may revise the alloca- cal years 2010 through 2015 or the period of Treasury into the Highway Trust Fund not tions of a committee or committees, aggre- the total of fiscal years 2010 through 2020. offset by a similar increase in receipts), by gates, and other appropriate levels and lim- (b) INCOME SUPPORT AND CHILD CARE.—The the amounts provided in that legislation for its in this resolution for one or more bills, Chairman of the Committee on the Budget of those purposes, provided further that such joint resolutions, amendments, motions, or the Senate may revise the allocations of a legislation would not increase the deficit conference reports that make higher edu- committee or committees, aggregates, and over either the period of the total of fiscal cation more accessible or affordable, which other appropriate levels in this resolution years 2010 through 2015 or the period of the may include legislation to expand and for one or more bills, joint resolutions, total of fiscal years 2010 through 2020. strengthen student aid, by the amounts pro- amendments, motions, or conference reports (c) MULTIMODAL TRANSPORTATION vided in such legislation for those purposes, related to child care assistance for low-in- PROJECTS.—The Chairman of the Committee provided that such legislation would not in- come families, the Social Services Block on the Budget of the Senate may revise the crease the deficit over either the period of

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2659 the total of fiscal years 2010 through 2015 or joint resolutions, amendments, motions, or tion achieved is used for deficit reduction the period of the total of fiscal years 2010 conference reports making changes to health only. The adjustments authorized under this through 2020. The legislation may include or other benefits for federal workers, includ- section shall be of the amount of deficit re- tax provisions. ing postal retiree health coverage, by the duction achieved. SEC. 209. DEFICIT-NEUTRAL RESERVE FUND FOR amounts provided in such legislation for SEC. 214. DEFICIT-REDUCTION RESERVE FUND HEALTH CARE. those purposes, provided that such legisla- FOR TERMINATED PROGRAMS. (a) PHYSICIAN REIMBURSEMENT.—The Chair- tion would not increase the deficit over ei- The Chairman of the Committee on the man of the Committee on the Budget of the ther the period of the total of fiscal years Budget of the Senate shall reduce the discre- Senate may revise the allocations of a com- 2010 through 2015 or the period of the total of tionary spending limits, budgetary aggre- mittee or committees, aggregates, and other fiscal years 2010 through 2020. gates, and allocations pursuant to section appropriate levels and limits in this resolu- SEC. 210. DEFICIT-NEUTRAL RESERVE FUND FOR 302(a) of the Congressional Budget Act of tion for one or more bills, joint resolutions, INVESTMENTS IN OUR NATION’S 1974, upon adoption by the Senate of an amendments, motions, or conference reports COUNTIES AND SCHOOLS. amendment to— that increase the reimbursement rate for The Chairman of the Committee on the (1) a bill or a joint resolution reported by physician services under section 1848 (d) and Budget of the Senate may revise the alloca- the Committee on Appropriations of the Sen- (f) of the Social Security Act or that include tions of a committee or committees, aggre- ate or passed by the House of Representa- or expand financial incentives for physicians gates, and other appropriate levels and lim- tives; to improve the quality and efficiency of its in this resolution for one or more bills, (2) an amendment reported by the Com- items and services furnished to Medicare joint resolutions, amendments, motions, or mittee on Appropriations of the Senate; or beneficiaries through the use of consensus- conference reports that make changes to or (3) an amendment between the Houses re- based quality measures, by the amounts pro- provide for the reauthorization of the Secure ceived from the House of Representatives; vided in such legislation for those purposes, Rural Schools and Community Self Deter- that achieves savings by eliminating the provided that the provisions in such legisla- mination Act of 2000 (Public Law 106–393) or tion other than those providing for the ex- funding for any discretionary program, make changes to the Payments in Lieu of project, or account recommended for termi- tension of policies defined in section 304(c)(1) Taxes Act of 1976 (Public Law 94–565), or of this concurrent resolution would not in- nation in the ‘‘Terminations, Reductions, both, by the amounts provided by that legis- and Savings’’ volume that accompanies the crease the deficit over either the period of lation for those purposes, provided that such the total of fiscal years 2010 through 2015 or Budget of the United States Government, legislation would not increase the deficit submitted pursuant to section 1105 of title the period of the total of fiscal years 2010 over either the period of the total of fiscal through 2020. Revisions made pursuant to 31, United States Code, for the budget year years 2010 through 2015 or the period of the and prior 2 fiscal years. this subsection shall not include amounts as- total of fiscal years 2010 through 2020. sociated with the extension of policies de- SEC. 215. DEFICIT-NEUTRAL RESERVE FUND FOR SEC. 211. DEFICIT-NEUTRAL RESERVE FUND FOR fined in section 304(c)(1) of this concurrent SMALL BUSINESS TAX RELIEF. THE FEDERAL JUDICIARY. The Chairman of the Committee on the resolution. The Chairman of the Committee on the (b) HEALTH CARE WORKFORCE.—The Chair- Budget of the Senate may revise the alloca- Budget of the Senate may revise the alloca- man of the Committee on the Budget of the tions of a committee or committees, aggre- tions of a committee or committees, aggre- Senate may revise the allocations of a com- gates, and other appropriate levels in this gates, and other appropriate levels and lim- mittee or committees, aggregates, and other resolution for one or more bills, joint resolu- its in this resolution for one or more bills, appropriate levels and limits in this resolu- tions, amendments, amendments between joint resolutions, amendments, motions, or tion for one or more bills, joint resolutions, houses, motions or conference reports that conference reports that authorize salary ad- amendments, motions, or conference reports would protect business pass-through income justments for justices and judges of the that include measures to address shortages from any increase in the statutory 33 percent United States, or increase the number of of nurses, physicians, or in other health pro- and 35 percent individual income tax rates Federal judgeships, by the amounts provided fessions or to encourage physicians to train promulgated in the Economic Growth and in such legislation for those purposes, pro- in primary care, by the amounts provided in Tax Relief Reconciliation Act of 2001 (Public vided that such legislation would not in- such legislation for those purposes, provided Law 107–16) and amended in the Jobs and crease the deficit over either the period of that such legislation would not increase the Growth Tax Relief Reconciliation Act of 2003 the total of fiscal years 2010 through 2015 or deficit over either the period of the total of (Public Law 108–27) by the amounts provided the period of the total of fiscal years 2010 fiscal years 2010 through 2015 or the period of in such legislation for that purpose, provided through 2020. the total of fiscal years 2010 through 2020. that such legislation would not increase the (c) THERAPY CAPS.—The Chairman of the SEC. 212. DEFICIT-REDUCTION RESERVE FUND deficit over either the period of the total of Committee on the Budget of the Senate may FOR RECOMMENDATIONS OF THE fiscal years 2010 through 2015 or the period of NATIONAL COMMISSION ON FISCAL the total fiscal years 2010 through 2020. revise the allocations of a committee or RESPONSIBILITY AND REFORM. committees, aggregates, and other appro- Upon enactment of legislation containing SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR priate levels and limits in this resolution for GREATER ACCOUNTABILITY FOR RE- recommendations in the final report of the one or more bills, joint resolutions, amend- COVERY ACT FUNDING. National Commission on Fiscal Responsi- ments, motions, or conference reports that The Chairman of the Committee on the bility and Reform, established by Executive protect access to outpatient therapy services Budget of the Senate may revise the alloca- Order 13531 on February 18, 2010, that de- (including physical therapy, occupational tions of a committee or committees, aggre- creases the deficit over either the period of therapy, and speech-language pathology gates, and other appropriate levels and lim- the total of fiscal years 2010 through 2015 or services) through measures such as repealing its in this resolution for one or more bills, the period of the total of fiscal years 2010 or increasing the current outpatient therapy joint resolutions, amendments, motions, or through 2020, the Chairman of the Com- caps, by the amounts provided in such legis- conference reports that would both set per- mittee on the Budget of the Senate may— lation for those purposes, provided that such formance measurements for Federal agencies (1) reduce the allocations of a committee legislation would not increase the deficit that distribute funding provided under the or committees; over either the period of the total of fiscal American Recovery and Reinvestment Act of (2) revise aggregates and other appropriate years 2010 through 2015 or the period of the 2009 (Public Law 111–5) and toughen report- levels and limits in this resolution; and total of fiscal years 2010 through 2020. ing requirements on those who receive (3) make adjustments to the Senate’s pay- (d) EXTENSION OF EXPIRING HEALTH CARE grants and contracts under the American Re- as-you-go ledger over 6 and 11 years; POLICIES.—The Chairman of the Committee covery and Reinvestment Act of 2009, by the on the Budget of the Senate may revise the to ensure that the deficit reduction achieved amounts provided in such legislation for allocations of a committee or committees, by that legislation is used for deficit reduc- those purposes, provided that such legisla- aggregates, and other appropriate levels and tion only, and is not available as an offset tion would not increase the deficit over ei- limits in this resolution for one or more for subsequent legislation. ther the period of the total of fiscal years bills, joint resolutions, amendments, mo- SEC. 213. DEFICIT-REDUCTION RESERVE FUND 2010 through 2015 or the period of the total of tions, or conference reports that extend ex- FOR IMPROPER PAYMENTS. fiscal years 2010 through 2020. piring Medicare, Medicaid, or other health The Chairman of the Committee on the SEC. 217. DEFICIT-NEUTRAL RESERVE FUND FOR provisions, by the amounts provided in such Budget of the Senate may reduce the alloca- GREATER ACCOUNTABILITY FOR legislation for those purposes, provided that tions of a committee or committees, aggre- HEALTH CARE REFORM. such legislation would not increase the def- gates, and other appropriate levels and lim- The Chairman of the Committee on the icit over either the period of the total of fis- its in this resolution for one or more bills, Budget of the Senate may revise the alloca- cal years 2010 through 2015 or the period of joint resolutions, amendments, motions, or tions of a committee or committees, aggre- the total of fiscal years 2010 through 2020. conference reports that achieve savings by gates, and other appropriate levels and lim- (e) BENEFITS.—The Chairman of the Com- eliminating or reducing improper payments its in this resolution for one or more bills, mittee on the Budget of the Senate may re- and use such savings to reduce the deficit. joint resolutions, amendments, motions, or vise the allocations of a committee or com- The Chairman may also make adjustments conference reports that would set perform- mittees, aggregates, and other appropriate to the Senate’s pay-as-you-go ledger over 6 ance metrics and milestones to measure levels in this resolution for one or more bills, and 11 years to ensure that the deficit reduc- changes in the level of health care coverage

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2660 CONGRESSIONAL RECORD — SENATE April 26, 2010 and in the cost and quality of health care vided in such legislation for such purpose, TITLE III—BUDGET PROCESS service delivery under the Patient Protec- provided that such legislation would not in- Subtitle A—Budget Enforcement tion and Affordable Care Act (Public Law crease the deficit over either the period of SEC. 301. DISCRETIONARY SPENDING LIMITS FOR 111–148), and any amendments to that Act, by the total of fiscal years 2010 through 2015 or FISCAL YEARS 2010 THROUGH 2013, the amounts provided in such legislation for the period of the total of fiscal years 2010 PROGRAM INTEGRITY INITIATIVES, those purposes, provided that such legisla- through 2020. AND OTHER ADJUSTMENTS. tion would not increase the deficit over ei- SEC. 222. DEFICIT-NEUTRAL RESERVE FUND TO (a) SENATE POINT OF ORDER.— ther the period of the total of fiscal years MAKE IT MORE DIFFICULT FOR COR- (1) IN GENERAL.—Except as otherwise pro- 2010 through 2015 or the period of the total of PORATIONS TO INFLUENCE ELEC- vided in this section, it shall not be in order fiscal years 2010 through 2020. TIONS. in the Senate to consider any bill or joint SEC. 218. DEFICIT-NEUTRAL RESERVE FUND FOR The Chairman of the Committee on the resolution (or amendment, motion, or con- REDUCING TAX INCREASES ON LOW- Budget of the Senate may revise the alloca- ference report on that bill or joint resolu- AND MIDDLE-INCOME AMERICANS. tions of a committee or committees, aggre- tion) that would cause the discretionary The Chairman of the Committee on the gates, and other appropriate levels in this spending limits in this section to be exceed- Budget of the Senate may revise the alloca- resolution for one or more bills, joint resolu- ed. tions of a committee or committees, aggre- tions, amendments, motions, or conference (2) SUPERMAJORITY WAIVER AND APPEALS.— gates, and other appropriate levels in this reports that furthers campaign finance re- (A) WAIVER.—This subsection may be resolution for one or more bills, joint resolu- form, including increased oversight by Fed- waived or suspended in the Senate only by tions, amendments, amendments between eral regulators, by the amounts provided in the affirmative vote of three-fifths of the houses, motions, or conference reports that such legislation for those purposes, provided Members, duly chosen and sworn. would delay any tax increases enacted under that such legislation would not increase the (B) APPEALS.—Appeals in the Senate from the Health Care and Education Reconcili- deficit over either the period of the total of the decisions of the Chair relating to any ation Act of 2010 (Public Law 111–152), in fiscal years 2010 through 2015 or the period of provision of this subsection shall be limited combination with the Patient Protection the total of fiscal years 2010 through 2020. to 1 hour, to be equally divided between, and and Affordable Care Act (Public Law 111–148) SEC. 223. DEFICIT-NEUTRAL RESERVE FUND TO controlled by, the appellant and the manager (the ‘‘Act’’), until January 1, 2014, when the REPEAL DEDUCTIONS FROM MIN- of the bill or joint resolution. An affirmative major health care reform measures included ERAL REVENUE PAYMENTS TO STATES. vote of three-fifths of the Members of the in the Act are effective, provided that such Senate, duly chosen and sworn, shall be re- legislation would not increase the deficit The Chairman of the Committee on the Budget of the Senate may revise the alloca- quired to sustain an appeal of the ruling of over either the period of the total of fiscal the Chair on a point of order raised under years 2010 through 2015 or the period of the tions of a committee or committees, aggre- gates, and other appropriate levels in this this subsection. total fiscal years 2010 through 2020. (b) SENATE DISCRETIONARY SPENDING LIM- resolution for one or more bills, joint resolu- SEC. 219. DEFICIT-REDUCTION RESERVE FUND ITS.—In the Senate and as used in this sec- tions, amendments, amendments between TO PROMOTE CORPORATE TAX FAIR- tion, the term ‘‘discretionary spending houses, motions, or conference reports that NESS. limit’’ means— The Chairman of the Committee on the would repeal the requirement to deduct cer- (1) for fiscal year 2010, $1,226,211,000,000 in Budget of the Senate may reduce the alloca- tain amounts from onshore mineral revenues new budget authority and $1,366,891,000,000 in tions of a committee or committees, aggre- payable to States under the heading ‘‘ADMIN- outlays; gates, and other appropriate levels in this ISTRATIVE PROVISIONS’’ under the heading (2) for fiscal year 2011, $1,122,003,000,000 in resolution for one or more bills, joint resolu- ‘‘MINERALS MANAGEMENT SERVICE’’ under the new budget authority and $1,313,271,000,000 in tions, amendments, motions, or conference heading ‘‘DEPARTMENT OF THE INTE- outlays; reports that achieve savings through tax RIOR’’ of title I of division A under the head- (3) for fiscal year 2012, $1,150,570,000,000 in policies that ensure that large, profitable ing ‘‘DEPARTMENT OF THE INTERIOR, new budget authority and $1,250,770,000,000 in corporations paying no Federal income taxes ENVIRONMENT, AND RELATED AGEN- outlays; and will pay their fair share and use such savings CIES APPROPRIATIONS ACT, 2010’’ of the (4) for fiscal year 2013, $1,171,007,000,000 in to reduce the deficit. The Chairman may also Interior Department and Further Continuing new budget authority and $1,239,573,000,000 in make adjustments to the Senate’s pay-as- Appropriations, Fiscal Yeal 2010 (Public Law outlays; you-go ledger over 6 and 11 years to ensure 111–88; 123 Stat. 2915), by the amounts pro- that the deficit reduction achieved is used vided in such legislation for that purpose, as adjusted in conformance with the adjust- for deficit reduction only. The adjustments provided that such legislation would not in- ment procedures in subsection (c). authorized under this section shall be of the crease the deficit over either the period of (c) ADJUSTMENTS IN THE SENATE.— amount of deficit reduction achieved. the total of fiscal years 2010 through 2015 or (1) IN GENERAL.—After the reporting of a bill or joint resolution relating to any mat- SEC. 220. DEFICIT-NEUTRAL RESERVE FUND FOR the period of the total of fiscal years 2010 REDUCING TAX INCREASES ON LOW- through 2020. ter described in paragraph (2), or the offering AND MIDDLE-INCOME AMERICANS SEC. 224. DEFICIT-NEUTRAL RESERVE FUND FOR of an amendment or motion thereto or the AND PROTECTING RETIREES. INCREASING TRANSPARENCY RE- submission of a conference report thereon— The Chairman of the Committee on the GARDING FOREIGN HOLDERS OF (A) the Chairman of the Committee on the Budget of the Senate may revise the alloca- UNITED STATES DEBT AND ASSESS- Budget of the Senate may adjust the discre- tions of a committee or committees, aggre- ING RISKS RELATED TO THE FED- tionary spending limits, budgetary aggre- gates, and other appropriate levels in this ERAL DEBT. gates, and allocations pursuant to section resolution for one or more bills, joint resolu- The Chairman of the Committee on the 302(a) of the Congressional Budget Act of tions, amendments, amendments between Budget of the Senate may revise the alloca- 1974, by the amount of new budget authority houses, motions, or conference reports that tions of a committee or committees, aggre- in that measure for that purpose and the would reduce the threshold for the itemized gates, and other appropriate levels in this outlays flowing therefrom; and deduction for unreimbursed medical ex- resolution for one or more bills, joint resolu- (B) following any adjustment under sub- penses from 10 percent to 7.5 percent of ad- tions, amendments, motions, or conference paragraph (A), the Committee on Appropria- justed gross income and to reinstate the reports that— tions of the Senate may report appropriately business deduction for expenses allocable to (1) improve transparency and reporting of revised suballocations pursuant to section the Medicare Part D employer subsidy, pro- foreign holdings of United States debt; 302(b) of the Congressional Budget Act of 1974 vided that such legislation would not in- (2) require the President to provide quar- to carry out this subsection. crease the deficit over either the period of terly assessments to Congress on the na- (2) MATTERS DESCRIBED.—Matters referred the total of fiscal years 2010 through 2015 or tional security and economic risks posed by to in paragraph (1) are as follows: the period of the total of fiscal years 2010 current levels of foreign holders of United (A) CONTINUING DISABILITY REVIEWS AND SSI through 2020. States debt; REDETERMINATIONS.— SEC. 221. DEFICIT-NEUTRAL RESERVE FUND TAX- (3) require the President to formulate and (i) IN GENERAL.—If a bill or joint resolution PAYER ACCESS TO IRS APPEALS. submit a plan of action to reduce the risk to is reported making appropriations in a fiscal The Chairman of the Committee on the the national security and economic stability year of the amounts specified in clause (ii) Budget of the Senate may revise the alloca- of the United States; and for continuing disability reviews and Supple- tions of a committee or committees, aggre- (4) require the Comptroller General of the mental Security Income redeterminations gates, and other appropriate levels in this United States to provide Congress with an for the Social Security Administration, and resolution for one or more bills, joint resolu- annual assessment of the national security provides an additional appropriation of an tions, amendments, amendments between and economic risks posed by the debt; amount further specified in clause (ii) for houses, motions, or conference reports that by the amounts provided in such legislation continuing disability reviews and Supple- would redeploy existing resources of the In- for those purposes, provided that such legis- mental Security Income redeterminations ternal Revenue Service to provide at least lation would not increase the deficit over ei- for the Social Security Administration, then one full-time Internal Revenue Service ap- ther the period of the total of fiscal years the discretionary spending limits, allocation peals officer and one full-time settlement 2010 through 2015 or the period of the total of to the Committee on Appropriations of the agent in every State, by the amounts pro- fiscal years 2010 through 2020. Senate, and aggregates for that year may be

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2661 adjusted by the amount in budget authority reemployment and eligibility assessments (1) for fiscal years 2012 and 2013 for pro- and outlays flowing therefrom not to exceed and unemployment insurance improper pay- grams, projects, activities, or accounts iden- the additional appropriation provided in ment reviews, then the discretionary spend- tified in the joint explanatory statement of such legislation for that purpose for that fis- ing limits, allocation to the Committee on managers accompanying this resolution cal year. Appropriations of the Senate, and aggregates under the heading ‘‘Accounts Identified for (ii) AMOUNTS SPECIFIED.—The amounts for that year may be adjusted by an amount Advance Appropriations’’ in an aggregate specified are— in budget authority and outlays flowing amount not to exceed $28,852,000,000 in new (I) for fiscal year 2011, an appropriation of therefrom not to exceed the additional ap- budget authority in each year; $283,000,000, and an additional appropriation propriation provided in such legislation for (2) for the Corporation for Public Broad- of $513,000,000; that purpose for that fiscal year. casting; and (II) for fiscal year 2012, an appropriation of (ii) AMOUNTS SPECIFIED.—The amounts (3) for the Department of Veterans Affairs $294,000,000, and an additional appropriation specified are— for the Medical Services, Medical Support of $642,000,000; and (I) for fiscal year 2011, an appropriation of and Compliance, and Medical Facilities ac- (III) for fiscal year 2013, an appropriation $10,000,000, and an additional appropriation counts of the Veterans Health Administra- of $305,000,000, and an additional appropria- of $55,000,000; tion. tion of $751,000,000. (II) for fiscal year 2012, an appropriation of (c) SUPERMAJORITY WAIVER AND APPEAL.— (iii) ASSET VERIFICATION IN 2011.—The addi- $11,000,000, and an additional appropriation (1) WAIVER.—In the Senate, subsection (a) tional appropriation of $513,000,000 in 2011 of $60,000,000; and may be waived or suspended only by an af- may also provide that a portion of that (III) for fiscal year 2013, an appropriation firmative vote of three-fifths of the Mem- amount, not to exceed $10,000,000, may be of $11,000,000, and an additional appropria- bers, duly chosen and sworn. used to complete implementation of asset tion of $65,000,000. (2) APPEAL.—An affirmative vote of three- verification initiatives. (3) ADJUSTMENTS TO SUPPORT ONGOING fifths of the Members of the Senate, duly (B) INTERNAL REVENUE SERVICE TAX EN- OVERSEAS DEPLOYMENTS AND OTHER ACTIVI- chosen and sworn, shall be required to sus- FORCEMENT.— TIES.— tain an appeal of the ruling of the Chair on (i) IN GENERAL.—If a bill or joint resolution (A) ADJUSTMENTS.—The Chairman of the a point of order raised under subsection (a). is reported making appropriations in a fiscal Committee on the Budget of the Senate may (d) FORM OF POINT OF ORDER.—A point of year to the Internal Revenue Service of not adjust the discretionary spending limits, al- order under subsection (a) may be raised by less than the amounts specified in clause (ii) locations to the Committee on Appropria- a Senator as provided in section 313(e) of the for tax enforcement to address the Federal tions of the Senate, and aggregates for one Congressional Budget Act of 1974. tax gap (taxes owed but not paid), of which or more— (e) CONFERENCE REPORTS.—When the Sen- not less than the amount further specified in (i) bills reported by the Committee on Ap- ate is considering a conference report on, or clause (ii) shall be available for additional or propriations of the Senate or passed by the an amendment between the Houses in rela- enhanced tax enforcement, or both, to ad- House of Representatives; tion to, a bill, upon a point of order being dress the Federal tax gap, then the discre- (ii) joint resolutions or amendments re- made by any Senator pursuant to this sec- tionary spending limits, allocation to the ported by the Committee on Appropriations tion, and such point of order being sustained, Committee on Appropriations of the Senate, of the Senate; such material contained in such conference and aggregates for that year may be adjusted (iii) amendments between the Houses re- report shall be deemed stricken, and the Sen- by the amount in budget authority and out- ceived from the House of Representatives or ate shall proceed to consider the question of lays flowing therefrom not to exceed the Senate amendments offered by the authority whether the Senate shall recede from its amount of additional or enhanced tax en- of the Committee on Appropriations of the forcement provided in such legislation for Senate; or amendment and concur with a further that fiscal year. (iv) conference reports; amendment, or concur in the House amend- ment with a further amendment, as the case (ii) AMOUNTS SPECIFIED.—The amounts making appropriations for overseas deploy- may be, which further amendment shall con- specified are— ments and other activities in the amounts (I) for fiscal year 2011, an appropriation of sist of only that portion of the conference re- specified in subparagraph (B), provided that port or House amendment, as the case may $8,235,000,000, of which not less than the Chairman shall not make any such ad- $1,115,000,000 is available for additional or en- be, not so stricken. Any such motion in the justment for a bill, joint resolution, amend- Senate shall be debatable. In any case in hanced tax enforcement; ment, amendment between the Houses, or (II) for fiscal year 2012, an appropriation of which such point of order is sustained conference report that increases the on- against a conference report (or Senate $8,744,000,000, of which not less than budget deficit over the period of the budget amendment derived from such conference re- $1,357,000,000 is available for additional or en- year and the ensuing 9 fiscal years following port by operation of this subsection), no fur- hanced tax enforcement; and the budget year. ther amendment shall be in order. (III) for fiscal year 2013, an appropriation (B) AMOUNTS SPECIFIED.—The amounts (f) INAPPLICABILITY.—In the Senate, section of $9,259,000,000, of which not less than specified are— 402 of S. Con. Res. 13 (111th Congress) shall $1,724,000,000 is available for additional or en- (i) for fiscal year 2010, $49,953,000,000 in new no longer apply. hanced tax enforcement. budget authority and the outlays flowing (C) HEALTH CARE FRAUD AND ABUSE CON- therefrom; SEC. 303. STRENGTHENED EMERGENCY DESIGNA- TROL.— (ii) for fiscal year 2011, $159,387,000,000 in TION. (i) IN GENERAL.—If a bill or joint resolution new budget authority and the outlays flow- (a) AUTHORITY TO DESIGNATE.—In the Sen- is reported making appropriations in a fiscal ing therefrom; ate, with respect to a provision of direct year of up to the amounts specified in clause (iii) for fiscal year 2012, $50,000,000,000 in spending or receipts legislation or appropria- (ii) to the Health Care Fraud and Abuse Con- new budget authority and the outlays flow- tions for discretionary accounts that Con- trol program at the Department of Health ing therefrom; and gress designates as an emergency require- and Human Services, then the discretionary (iv) for fiscal year 2013, $50,000,000,000 in ment in such measure, the amounts of new spending limits, allocation to the Committee new budget authority and the outlays flow- budget authority, outlays, and receipts in all on Appropriations of the Senate, and aggre- ing therefrom. fiscal years resulting from that provision gates for that year may be adjusted in an SEC. 302. POINT OF ORDER AGAINST ADVANCE shall be treated as an emergency require- amount not to exceed the amount in budget APPROPRIATIONS. ment for the purpose of this section subject authority and outlays flowing therefrom pro- (a) IN GENERAL.— to the provisions of subsection (c). vided for that program for that fiscal year. (1) POINT OF ORDER.—Except as provided in (b) EXEMPTION OF EMERGENCY PROVI- (ii) AMOUNTS SPECIFIED.—The amounts subsection (b), it shall not be in order in the SIONS.—Any new budget authority, outlays, specified are— Senate to consider any bill, joint resolution, and receipts resulting from any provision (I) for fiscal year 2011, an appropriation of motion, amendment, or conference report designated as an emergency requirement, $561,000,000; that would provide an advance appropria- pursuant to this section, in any bill, joint (II) for fiscal year 2012, an appropriation of tion. resolution, amendment, or conference report $589,000,000; and (2) DEFINITION.—In this section, the term shall not count for purposes of sections 302 (III) for fiscal year 2013, an appropriation ‘‘advance appropriation’’ means any new and 311 of the Congressional Budget Act of of $619,000,000. budget authority provided in a bill or joint 1974, section 201 of S. Con. Res. 21 (110th Con- (D) UNEMPLOYMENT INSURANCE IMPROPER resolution making appropriations for fiscal gress) (relating to pay-as-you-go), section 311 PAYMENT REVIEWS.— year 2011 that first becomes available for any of S. Con. Res. 70 (110th Congress) (relating (i) IN GENERAL.—If a bill or joint resolution fiscal year after 2011, or any new budget au- to long-term deficits), section 404 of S. Con. is reported making appropriations in a fiscal thority provided in a bill or joint resolution Res. 13 (111th Congress) (relating to short- year of the amounts specified in clause (ii) making general appropriations or continuing term deficits), and section 301 of this resolu- for in-person reemployment and eligibility appropriations for fiscal year 2012, that first tion (relating to discretionary spending). assessments and unemployment insurance becomes available for any fiscal year after Designated emergency provisions shall not improper payment reviews, and provides an 2012. count for the purpose of revising allocations, additional appropriation of up to an amount (b) EXCEPTIONS.—Advance appropriations aggregates, or other levels pursuant to pro- further specified in clause (ii) for in-person may be provided— cedures established under section 301(b)(7) of

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2662 CONGRESSIONAL RECORD — SENATE April 26, 2010 the Congressional Budget Act of 1974 for def- by a Senator as provided in section 313(e) of sion changes direct spending or revenues rel- icit-neutral reserve funds and revising dis- the Congressional Budget Act of 1974. ative to the baseline. cretionary spending limits set pursuant to (5) CONFERENCE REPORTS.—When the Sen- (f) SUNSET.—This section shall expire on section 301 of this resolution. ate is considering a conference report on, or December 31, 2011. (c) EMERGENCY LEGISLATION DESIGNATION an amendment between the Houses in rela- SEC. 305. EXTENSION OF ENFORCEMENT OF REQUIREMENTS.— tion to, a bill, upon a point of order being BUDGETARY POINTS OF ORDER IN (1) IN GENERAL.—In the Senate, it shall not made by any Senator pursuant to this sec- THE SENATE. be in order to consider any bill, joint resolu- tion, and such point of order being sustained, (a) EXTENSION.—Notwithstanding any pro- tion, motion, amendment, or conference re- such material contained in such conference vision of the Congressional Budget Act of port that provides an emergency designation report shall be deemed stricken, and the Sen- 1974, subsections (c)(2) and (d)(3) of section for one or more provisions, for the purpose of ate shall proceed to consider the question of 904 of the Congressional Budget Act of 1974 section 4(g) of the Statutory Pay-As-You-Go whether the Senate shall recede from its shall remain in effect for purposes of Senate Act of 2010 (Public Law 111–139) or this sec- amendment and concur with a further enforcement through September 30, 2020. tion of this resolution, unless each designa- amendment, or concur in the House amend- (b) REPEAL.—Section 205 of S. Con. Res. 21 tion is accompanied by an ‘‘Affirmation of ment with a further amendment, as the case (110th Congress), the concurrent resolution Emergency Designation’’ document. may be, which further amendment shall con- on the budget for fiscal year 2008, and section (2) SIGNED AFFIRMATION.—The ‘‘Affirma- sist of only that portion of the conference re- 403 of H. Con. Res. 95 (109th Congress), the tion of Emergency Designation’’ document port or House amendment, as the case may concurrent resolution on the budget for fis- shall be filed with the Clerk of the Senate at be, not so stricken. Any such motion in the cal year 2006, are repealed. the time the matter is filed with the clerk, Senate shall be debatable. In any case in SEC. 306. POINT OF ORDER ESTABLISHING A 20 signed by 16 Senators, affirming the emer- which such point of order is sustained PERCENT LIMIT ON NEW DIRECT gency requirements as follows: ‘‘We, the un- against a conference report (or Senate SPENDING IN RECONCILIATION LEG- dersigned Senators, in accordance with the amendment derived from such conference re- ISLATION. provisions of the Emergency Legislation port by operation of this subsection), no fur- (a) IN GENERAL.—In the Senate, it shall not Designation Requirement, affirm that the ther amendment shall be in order. be in order to consider any reconciliation matter meets the following emergency re- (f) INAPPLICABILITY.—In the Senate, section bill, joint resolution, motion, amendment, or quirements: 403 of S. Con. Res. 13 (111th Congress), the any conference report on, or an amendment ‘‘(1) For purposes of this section, any pro- concurrent resolution on the budget for fis- between the Houses in relation to, a rec- vision is an emergency requirement if the cal year 2010, shall no longer apply. onciliation bill pursuant to section 310 of the situation addressed by such provision is— SEC. 304. ADJUSTMENTS FOR THE EXTENSION OF Congressional Budget Act of 1974, that pro- ‘‘(A) necessary, essential, or vital (not CERTAIN CURRENT POLICIES. duces an increase in outlays, if— merely useful or beneficial); (a) ADJUSTMENT.—For the purposes of de- (1) the effect of all the provisions in the ju- ‘‘(B) sudden, quickly coming into being, termining the points of order specified in risdiction of any committee is to create and not building up over time; subsection (b), the Chairman of the Com- gross new direct spending that exceeds 20 ‘‘(C) an urgent, pressing, and compelling mittee on the Budget of the Senate may ad- percent of the total savings instruction to need requiring immediate action; just the estimate of the budgetary effects of the committee; or ‘‘(D) subject to subparagraph (B), unfore- a bill, joint resolution, amendment, motion, (2) the effect of the adoption of an amend- seen, unpredictable, and unanticipated; and or conference report that contains one or ment would result in gross new direct spend- ‘‘(E) not permanent, temporary in nature. more provisions meeting the criteria of sub- ing that exceeds 20 percent of the total sav- ‘‘(2) An emergency that is part of an aggre- section (c) to exclude the amounts of quali- ings instruction to the committee. gate level of anticipated emergencies, par- fying budgetary effects. (b) FORM OF POINT OF ORDER.— (b) COVERED POINTS OF ORDER.—The Chair- ticularly when normally estimated in ad- (1) IN GENERAL.—A point of order under man of the Committee on the Budget of the vance, is not unforeseen.’’. subsection (a) may be raised by a Senator as Senate may make adjustments pursuant to provided in section 313(e) of the Congres- (d) DEFINITIONS.—In this section, the terms this section for the following points of order ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- sional Budget Act of 1974. only: (2) WAIVER AND APPEAL.—Subsection (a) priations for discretionary accounts’’ mean (1) Section 201 of S. Con. Res. 21 (110th Con- any provision of a bill, joint resolution, may be waived or suspended only by an af- gress) (relating to pay-as-you-go). firmative vote of three-fifths of the Mem- amendment, motion, or conference report (2) Section 311 of S. Con. Res. 70 (110th Con- that affects direct spending, receipts, or ap- bers, duly chosen and sworn. An affirmative gress) (relating to long-term deficits). vote of three-fifths of the Members of the propriations as those terms have been de- (3) Section 404 of S. Con. Res. 13 (111th Con- fined and interpreted for purposes of the Bal- Senate, duly chosen and sworn, shall be re- gress) (relating to short-term deficits). quired to sustain an appeal of the ruling of anced Budget and Emergency Deficit Control (c) QUALIFYING LEGISLATION.—The Chair- Act of 1985. the Chair on a point of order raised under man of the Committee on the Budget of the subsection (a). (e) EMERGENCY DESIGNATION POINT OF Senate may make adjustments authorized (3) CONFERENCE REPORT.—If a point of order ORDER.— under subsection (a) for legislation con- is sustained under subsection (a) against a (1) IN GENERAL.—When the Senate is con- taining provisions that— conference report in the Senate, the report sidering a bill, resolution, amendment, mo- (1) amend or supersede the system for up- shall be disposed of as provided in section tion, or conference report, if a point of order dating payments made under subsections 313(d) of the Congressional Budget Act of is made by a Senator against an emergency 1848 (d) and (f) of the Social Security Act, 1974. designation in that measure, that provision consistent with section 7(c) of the Statutory making such a designation shall be stricken Pay-As-You-Go Act of 2010 (Public Law 111– Subtitle B—Other Provisions from the measure and may not be offered as 139); SEC. 311. OVERSIGHT OF GOVERNMENT PER- an amendment from the floor. (2) amend the Estate and Gift Tax under FORMANCE. (2) SUPERMAJORITY WAIVER AND APPEALS.— subtitle B of the Internal Revenue Code of In the Senate, committees are requested to (A) WAIVER.—Paragraph (1) may be waived 1986, consistent with section 7(d) of the Stat- review programs and tax expenditures in or suspended in the Senate only by an af- utory Pay-As-You-Go Act of 2010; their jurisdiction, and provide in the views firmative vote of three-fifths of the Mem- (3) extend relief from the Alternative Min- and estimates reports required under section bers, duly chosen and sworn. imum Tax for individuals under sections 55– 301(d) of the Congressional Budget Act of 1974 (B) APPEALS.—Appeals in the Senate from 59 of the Internal Revenue Code of 1986, con- recommendations to improve governmental the decisions of the Chair relating to any sistent with section 7(e) of the Statutory performance and to reduce waste, fraud, provision of this subsection shall be limited Pay-As-You-Go Act of 2010; or abuse, or program duplication. In their views to 1 hour, to be equally divided between, and (4) extend middle-class tax cuts made in and estimates letters, committees should ad- controlled by, the appellant and the manager the Economic Growth and Tax Relief Rec- dress matters for congressional consider- of the bill or joint resolution, as the case onciliation Act of 2001 (Public Law 107–16) ation identified in the Government Account- may be. An affirmative vote of three-fifths of and the Jobs and Growth Tax Relief and Rec- ability Office’s High Risk list reports. the Members of the Senate, duly chosen and onciliation Act of 2003 (Public Law 108–27), SEC. 312. BUDGETARY TREATMENT OF CERTAIN sworn, shall be required to sustain an appeal consistent with section 7(f) of the Statutory DISCRETIONARY ADMINISTRATIVE of the ruling of the Chair on a point of order Pay-As-You-Go Act of 2010. EXPENSES. raised under this subsection. (d) LIMITATION.—The Chairman shall make In the Senate, notwithstanding section (3) DEFINITION OF AN EMERGENCY DESIGNA- any adjustments pursuant to this section in 302(a)(1) of the Congressional Budget Act of TION.—For purposes of paragraph (1), a provi- a manner consistent with the limitations de- 1974, section 13301 of the Budget Enforcement sion shall be considered an emergency des- scribed in sections 4(c) and 7(h) of the Statu- Act of 1990, and section 2009a of title 39, ignation if it designates any item as an tory Pay-As-You-Go Act of 2010 (Public Law United States Code, the joint explanatory emergency requirement pursuant to this sub- 111–139). statement accompanying the conference re- section. (e) DEFINITION.—For the purposes of this port on any concurrent resolution on the (4) FORM OF THE POINT OF ORDER.—A point section, the terms ‘‘budgetary effects’’ or budget shall include in its allocations under of order under paragraph (1) may be raised ‘‘effects’’ mean the amount by which a provi- section 302(a) of the Congressional Budget

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2663 Act of 1974 to the Committees on Appropria- cally, the debt owed to Social Security is AMENDMENTS SUBMITTED AND tions amounts for the discretionary adminis- about to come due, and the trust fund is pro- PROPOSED trative expenses of the Social Security Ad- jected to go insolvent. SA 3730. Mr. FEINGOLD submitted an ministration and of the Postal Service. (c) DEFINITION.—In this section, the term amendment intended to be proposed by him SEC. 313. APPLICATION AND EFFECT OF ‘‘gross Federal debt’’ means the nominal lev- to the bill S. 3217, to promote the financial CHANGES IN ALLOCATIONS AND AG- els of (or changes in the levels of) gross Fed- GREGATES. stability of the United States by improving eral debt (debt subject to limit as set out in accountability and transparency in the fi- (a) APPLICATION.—Any adjustments of allo- section 101(5) of the resolution) measured at cations and aggregates made pursuant to nancial system, to end ‘‘too big to fail’’, to the end of each fiscal year during the period protect the American taxpayer by ending this resolution shall— of the budget, not debt as a percentage of (1) apply while that measure is under con- bailouts, to protect consumers from abusive GDP, and not levels relative to baseline pro- financial services practices, and for other sideration; jections. (2) take effect upon the enactment of that purposes; which was ordered to lie on the (d) PREVIOUS RESOLUTIONS.—It shall not be table. measure; and in order to consider a budget resolution in f (3) be published in the Congressional the Senate unless it includes a table that Record as soon as practicable. contains, for each of the previous 12 fiscal TEXT OF AMENDMENTS (b) EFFECT OF CHANGED ALLOCATIONS AND years, the following information based on AGGREGATES.—Revised allocations and ag- SA 3730. Mr. FEINGOLD submitted the budget resolution for each such fiscal gregates resulting from these adjustments year: an amendment intended to be proposed shall be considered for the purposes of the (1) The amount by which the levels as- by him to the bill S. 3217, to promote Congressional Budget Act of 1974 as alloca- sumed in the budget resolution allow the the financial stability of the United tions and aggregates contained in this reso- Federal debt of the Nation to rise or fall. States by improving accountability lution. (2) The amount by which the levels as- and transparency in the financial sys- (c) BUDGET COMMITTEE DETERMINATIONS.— sumed in the budget resolution allow the For purposes of this resolution the levels of tem, to end ‘‘too big to fail,’’ to protect debt of the Federal debt of the Nation to rise new budget authority, outlays, direct spend- the American taxpayer by ending bail- or fall on a per capita basis (including only ing, new entitlement authority, revenues, outs, to protect consumers from abu- citizens of the United States). deficits, and surpluses for a fiscal year or pe- sive financial services practices, and (3) The amount of the Social Security sur- riod of fiscal years shall be determined on plus projected to be spent over 5 years by the for other purposes; which was ordered the basis of estimates made by the Com- levels in the budget resolution. to lie on the table; as follows: mittee on the Budget of the Senate. At the appropriate place, insert the fol- SEC. 316. TRUTH IN DEBT DISCLOSURES. SEC. 314. ADJUSTMENTS TO REFLECT CHANGES lowing: IN CONCEPTS AND DEFINITIONS. (a) GROSS DEBT.—The levels assumed in SEC. lll. ELIMINATION OF AUTOMATIC PAY Upon the enactment of a bill or joint reso- this budget resolution allow the gross Fed- ADJUSTMENTS FOR MEMBERS OF lution providing for a change in concepts or eral debt of the Nation to rise by CONGRESS. definitions, the Chairman of the Committee $4,710,000,000,000 from the current year, fiscal (a) IN GENERAL.—Paragraph (2) of section on the Budget of the Senate may make ad- year 2010, to the fifth year of the budget win- 601(a) of the Legislative Reorganization Act justments to the levels and allocations in dow, fiscal year 2015. of 1946 (2 U.S.C. 31) is repealed. this resolution in accordance with section (b) PER CITIZEN.—The levels assumed in (b) TECHNICAL AND CONFORMING AMEND- 251(b) of the Balanced Budget and Emergency this budget resolution allow the gross Fed- MENTS.—Section 601(a)(1) of such Act is Deficit Control Act of 1985 (as in effect prior eral debt of the Nation to rise by $15,250 on amended— to September 30, 2002). every citizen of the United States from the (1) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’; SEC. 315. TRUTH IN DEBT. current year, fiscal year 2010, to the fifth (2) by redesignating subparagraphs (A), (B), (a) IN GENERAL.—It shall not be in order to year of the budget window, fiscal year 2015. and (C) as paragraphs (1), (2), and (3), respec- consider a budget resolution in the Senate tively; and SEC. 317. FURTHER DISCLOSURE OF LEVELS IN (3) by striking ‘‘as adjusted by paragraph unless it contains a ‘‘Truth in Debt Disclo- THIS RESOLUTION. sure’’ section with all, and only, the fol- (2) of this subsection’’ and inserting ‘‘ad- The levels assumed in this budget resolu- justed as provided by law’’. lowing disclosures regarding debt for that tion— resolution: (c) EFFECTIVE DATE.—This section shall (1) cut spending as a percent of GDP by 11 take effect on December 31, 2010. ‘‘SEC. ll. TRUTH IN DEBT DISCLOSURE. percent; f ‘‘(a) GROSS DEBT.—The levels assumed in (2) cut the deficit as percent of GDP by 70 this budget resolution allow the gross Fed- percent; and NOTICE OF HEARING eral debt of the Nation to rise/fall by $ll (3) cut taxes by $780,000,000,000. from the current year, fiscal year 20ll, to COMMITTEE ON INDIAN AFFAIRS SEC. 318. EXERCISE OF RULEMAKING POWERS. the fifth year of the budget window, fiscal Mr. DORGAN. Mr. President, I would year 20ll. Congress adopts the provisions of this like to announce that the Committee ‘‘(b) PER CITIZEN.—The levels assumed in title— on Indian Affairs will meet on Thurs- this budget resolution allow the gross Fed- (1) as an exercise of the rulemaking power day, April 29, 2010 at 2:15 p.m. in Room eral debt of the Nation to rise/fall by $ll on of the Senate, and as such they shall be con- 628 of the Dirksen Senate Office Build- sidered as part of the rules of the Senate and every citizen of the United States from the ing to conduct a legislative hearing on current year, fiscal year 20ll, to the fifth such rules shall supersede other rules only to the extent that they are inconsistent with the following bills: year of the budget window, fiscal year 20ll. S. 2802, A bill to settle land claims ‘‘(c) FIVE-YEAR PERIOD.—The levels as- such other rules; and sumed in this budget resolution project that (2) with full recognition of the constitu- within the Fort Hall Reservation; S. $ll of the Social Security surplus will be tional right of the Senate to change those 1264, A bill to require the Secretary of spent over the 5-year budget window, fiscal rules at any time, in the same manner, and the Interior to assess the irrigation in- years 20ll through 20ll, on things other to the same extent as is the case of any other frastructure of the Pine River Indian than Social Security.’’. rule of the Senate. Irrigation Project in the State of Colo- (b) ADDITIONAL MATTER.—If any portion of TITLE IV—RECONCILIATION rado and provide grants to, and enter the Social Security surplus is projected to be SEC. 401. RECONCILIATION IN THE SENATE. into cooperative agreements with, the spent in any year or the gross Federal debt Southern Ute Indian Tribe to assess, in the fifth year of the budget window is (a) DEFICIT REDUCTION INSTRUCTION.—The greater than the gross debt projected for the Committee on Finance shall report to the repair, rehabilitate, or reconstruct ex- current year (as described in section 101(5) of Senate a reconciliation bill or resolution not isting infrastructure, and for other the resolution) then the report, print, or later than September 23, 2010, that consists purposes; and S. 439, A bill to provide statement of managers accompanying the of changes in laws, bills, or resolutions with- for and promote the economic develop- budget resolution shall contain a section in its jurisdiction to reduce the deficit by ment of Indian tribes by furnishing the that— $2,000,000,000 for the period of fiscal years necessary capital, financial services, (1) details the circumstances making it in 2010 through 2015. and technical assistance to Indian- the national interest to allow gross Federal (b) STATUTORY DEBT LIMIT INSTRUCTION.— owned business enterprises, to stimu- debt to increase rather than taking steps to The Committee on Finance shall report to late the development of the private reduce the debt; and the Senate a reconciliation bill or resolution (2) provides a justification for allowing the not later than December 10, 2010, that con- sector of Indian tribal economies, and surpluses in the Social Security trust fund sists of changes in laws, bills, or resolutions for other purposes. to be spent on other functions of government within its jurisdiction to increase the statu- Those wishing additional information even as the baby boom generation retires, tory debt limit by an amount no more than may contact the Indian Affairs Com- program costs are projected to rise dramati- $50,000,000,000. mittee at 202–224–2251.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2664 CONGRESSIONAL RECORD — SENATE April 26, 2010 PRIVILEGES OF THE FLOOR Steelworkers Local 12-591 has established the To be colonel Tesoro Incident Family Fund and the Tesoro GERARD G. COUVILLION Mr. DODD. Mr. President, I ask unan- Corporation and the Skagit Community imous consent the following members THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Foundation have partnered to establish the TO THE GRADE INDICATED IN THE UNITED STATES AIR of my staff be granted the privilege of Tesoro Anacortes Refinery Survivors Fund: FORCE UNDER TITLE 10, U.S.C., SECTION 624: the floor for the duration of the consid- Now, therefore, be it To be major Resolved, That the Senate— eration of S. 3217, the Restoring Amer- ERIC W. ADCOCK ican Financial Stability Act of 2010: (1) expresses the sincere condolences of the Senate to the family, loved ones, United THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Matt Green, Mark Jickling, Deborah TO THE GRADE INDICATED IN THE UNITED STATES AIR Katz, Minhaj Chowdhury, William Steelworkers, fellow workers, and the FORCE UNDER TITLE 10, U.S.C., SECTION 624: Anacortes community on the tragedy at the To be major Fields, and Erika Lee. Tesoro refinery in Anacortes, Washington; The ACTING PRESIDENT pro tem- and DREW C. JOHNSON JOSHUA LEWIS JONES pore. Without objection, it is so or- (2) honors Daniel J. Aldridge, Matthew C. CATHERINE M. H. KIM dered. Bowen, Donna Van Dreumel, Matt Gumbel, CATHARINE A. K. KOLLARS Mr. WARNER. Mr. President, I ask Darrin J. Hoines, Lew Janz, and Kathryn LISA RENEE LYNCH JUSTIN P. OLSEN unanimous consent that Bau Nyugen, a Powell. IN THE ARMY fellow in my office, be granted the f privilege of the floor during consider- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ORDERS FOR TUESDAY, APRIL 27, TO THE GRADE INDICATED IN THE UNITED STATES ARMY ation of S. 3217, the Restoring Amer- UNDER TITLE 10, U.S.C., SECTION 624: 2010 ican Financial Stability Act of 2010. To be colonel The PRESIDING OFFICER. Without Mr. DODD. Mr. President, I ask unan- RALPH L. KAUZLARICH objection, it is so ordered. imous consent that when the Senate THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR f completes its business today, it ad- APPOINTMENT TO THE GRADE INDICATED IN THE journ until 10 a.m., Tuesday, April 27; UNITED STATES ARMY MEDICAL SPECIALIST CORPS EXPRESSING CONDOLENCES RE- UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: that following the prayer and the To be major GARDING THE TRAGEDY IN pledge, the Journal of proceedings be ANACORTES, WASHINGTON approved to date, the morning hour be DOUGLAS B. GUARD Mr. DODD. Mr. President, I ask unan- THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR deemed to have expired, and the time APPOINTMENT TO THE GRADE INDICATED IN THE imous consent that the Senate proceed for the two leaders be reserved for their UNITED STATES ARMY VETERINARY CORPS UNDER to the immediate consideration of S. use later in the day; that there be a pe- TITLE 10, U.S.C., SECTION 531 AND 3064: Res. 500, which was submitted earlier riod of morning business for 1 hour, To be major today. with Senators permitted to speak CHERYL MAGUIRE The PRESIDING OFFICER. Without therein for up to 10 minutes each, with THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR objection, it is so ordered. APPOINTMENT TO THE GRADE INDICATED IN THE the time equally divided and controlled UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, The clerk will report. between the two leaders or their des- U.S.C., SECTIONS 531 AND 3064: The legislative clerk read as follows: ignees, with the majority controlling To be major A resolution (S. Res. 500) expressing the the first half and the Republicans con- SHIRLEY M. OCHOA-DOBIES sincere condolences of the Senate to the trolling the final half; that following THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- family, loved ones, United Steelworkers, fel- morning business, the Senate resume MENT TO THE GRADE INDICATED IN THE RESERVE OF low workers, and the Anacortes community consideration of the motion to proceed THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: on the tragedy at the Tesoro Refinery in To be colonel Anacortes, Washington. to S. 3217, the Wall Street reform legis- lation. Finally, I ask that the Senate DAVID W. TERHUNE PAUL E. WRIGHT There being no objection, the Senate recess from 12:30 until 2:15 p.m. to proceeded to consider the resolution. allow for the weekly caucus luncheons. THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR Mr. DODD. Mr. President, I ask unan- APPOINTMENT TO THE GRADE INDICATED IN THE The PRESIDING OFFICER. Without UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, imous consent that the resolution be objection, it is so ordered. U.S.C., SECTIONS 531 AND 3064: agreed to, the preamble be agreed to, To be major f the motions to reconsider be laid upon JUAN G. LOPEZ the table, with no intervening action ADJOURNMENT UNTIL 10 A.M. LOUISE M. SKARULIS ROBERT G. SWARTS or debate, and that any statements re- TOMORROW lated to the resolution be printed in THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR Mr. DODD. Mr. President, if there is APPOINTMENT TO THE GRADE INDICATED IN THE the RECORD. no further business to come before the UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER The PRESIDING OFFICER. Without TITLE 10, U.S.C., SECTIONS 531 AND 3064: Senate, I ask unanimous consent that objection, it is so ordered. To be major it adjourn under the previous order. The resolution (S. Res. 500) was CHRISTOPHER T. BLAIS There being no objection, the Senate, MARK A. CLARK agreed to. at 9:04 p.m., adjourned until Tuesday, ELIZABETH R. GUM The preamble was agreed to. JAMES B. MACDONALD April 27, 2010, at 10 a.m. DON T. SCHOB The resolution, with its preamble, JILL D. SIMONSON f reads as follows: THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR S. RES. 500 NOMINATIONS APPOINTMENT TO THE GRADES INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, Whereas the State of Washington, the Executive nominations received by U.S.C., SECTIONS 531 AND 3064: Tesoro Corporation, and the United Steel- the Senate: To be lieutenant colonel workers experienced a tragedy on April 2, DEPARTMENT OF AGRICULTURE DARRELL W. CARPENTER 2010, when a fire occurred at the Tesoro re- MARK E. DEMICHIEI finery in Anacortes, Washington; CATHERINE E. WOTEKI, OF THE DISTRICT OF COLUM- KENNETH M. LECLERC Whereas 7 workers died as a result of the BIA, TO BE UNDER SECRETARY OF AGRICULTURE FOR PETER J. MCDONNELL RESEARCH, EDUCATION, AND ECONOMICS, VICE RAJIV J. NANCY Q. PETERSMYER tragedy: Daniel J. Aldridge, Matthew C. SHAH, RESIGNED. MATTHEW D. PUTNAM Bowen, Donna Van Dreumel, Matt Gumbel, JAMES G. VRETIS DELTA REGIONAL AUTHORITY Darrin J. Hoines, Lew Janz, and Kathryn To be major Powell; CHRISTOPHER A. MASINGILL, OF ARKANSAS, TO BE FEDERAL COCHAIRPERSON, DELTA REGIONAL AUTHOR- LAURENCE DAVIDSON Whereas Federal and State government ITY, VICE P. H. JOHNSON, RESIGNED. MANUEL FACHADO agencies, including the Chemical Safety and THOMAS R. LOVAS NATIONAL MUSEUM AND LIBRARY SERVICES Hazard Investigation Board, the Environ- JAMES M. MOK BOARD MIST L. WRAY mental Protection Agency, and the Wash- ington State Department of Labor and In- MARY MINOW, OF CALIFORNIA, TO BE A MEMBER OF THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- THE NATIONAL MUSEUM AND LIBRARY SERVICES BOARD POINTMENT IN THE GRADES INDICATED IN THE UNITED dustries, are investigating the tragedy and FOR A TERM EXPIRING DECEMBER 6, 2014, VICE KIM STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: reviewing current safety procedures and WANG, TERM EXPIRED. To be lieutenant colonel processes to prevent future tragedies from IN THE AIR FORCE occurring; and JENIFER L. BREAUX THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES W. CARLSON Whereas, to support the victims and the TO THE GRADE INDICATED IN THE UNITED STATES AIR JOHN C. CURWEN families involved in the tragedy, the United FORCE UNDER TITLE 10, U.S.C., SECTION 624: KELVIN A. DAVIS

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2665

ORLANDO DELGADOMALDONADO CRAIG S. FEHRLE MARK R. DESAI JOHN J. HARDING DWIGHT D. DICK JOHN G. HODSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PHILIP R. DUPREE TODD A. MCCOWN TO THE GRADE INDICATED IN THE UNITED STATES NAVY RICHARD H. DWIGHT PRISCELLA M. MCIVER RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MURRAY G. FINK MICHAEL W. MOONEY To be captain STEPHEN A. FLEET MYRNA K. MYERS RICHARD A. FOLEY KARL J. PETKOVICH JOHN B. HOLT THOMAS A. FORREST JAMES W. RENNA JAMES M. POSTON ROBERT B. FRYER ROBERT J. SCHMIDT CHRISTOPHER R. STEARNS RANDY A. GALLAGHER LUIS D. SOLANO PHILIP D. GREEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEVIN S. SNYDER GREGORY J. GRIFFIN TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS D. SONNEN MICHAEL C. HANNAY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: PATRICK K. SWAFFORD SCOTT A. HARTMAN MICHAEL W. TAYLOR To be captain ROGER W. HAWKES EMILY I. THOMAS ELISABETH A. HOWARD GEORGE W. WARD JEFFREY S. TANDY ROY C. JENNINGS AVA M. WINFORD PAUL W. JENSEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARC S. WILSON RICHARD A. KONDO TO THE GRADE INDICATED IN THE UNITED STATES NAVY LAWRENCE D. KOUGH To be major RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: KEITH A. KRAPELS JIMMY L. ANDERSON To be captain JOHN S. LINDGREN EDWARD W. BAYOUTH DONALD E. LLEWELLYN RONALD E. BEAUCAIRE RUSSELL L. COONS LOWEN B. LOFTIN, JR. SEAN M. COONEY WILLIAM M. EDGE, JR. CHARLES P. LUND III NICHOLAS J. DICKSON SCOTT C. RYE SCOTT F. MANNING STEVEN D. GUNTER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN C. MCCLURE NICOLE B. HAYES WILLIAM G. MCCRILLIS FREDERICK A. HOCKETT TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TIMOTHY S. MCELLIGATT CHARLES E. HORNICK DARREN L. MCNOLDY CHARLES D. HOOD To be captain JAMES V. MCSWEENEY WILLIAM R. HOWARD GALEN R. NEGAARD BRANDON J. JOHNSON KEVIN P. BENNETT WYNDON K. NIX PAUL W. JOHNSON MICHAEL D. BRAZELTON DAVID S. NOLAN BRIAN E. KRAMER LAWRENCE G. DONOVAN ROBERT R. PAULK STEVEN J. LACY DAVID K. GARDNER ROY M. PORTER LASHUNE D. LESLIE DALE E. HASTE CASEY E. REED CHARLES C. LUKE BECKY D. LEWIS STACEY A. ROGERS MARK R. MCCULLOUGH ROBERT J. LINDGREN JAMES M. ROSSI DWAYNE S. MILBURN MICHAEL J. MONFALCONE SCOTT F. RUSSELL LYNN A. NELSON ADRIAN A. SANCHEZ KEVIN R. SCHEETZ STEVEN P. NELSON THOMAS N. TOMASZEWSKI DOUGLAS P. SCHOEN CESAR H. PENARIVERA KERRY A. WEST JON E. SCHULMAN PETER J. RASMUSSEN PAUL F. WHITE MICHAEL J. SEBASTINO RODERICK E. RILEY CORRY J. SHEDD DAVID J. SELL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHARLES J. SHIVERY, JR. APRIL D. SKOU TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARK P. SMITH MERVIN L. STURDIVANT RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DOUGLAS B. STORY KERT L. SWITZER To be captain SCOTT A. TURNER WILLIAM D. SUDDARTH, JR. CHRISTOPHER W. THOMSON JOSEPH E. VOKETITIS RICHARD A. BALZANO JONATHAN E. TURNER JOHN M. WILLIAMS RICHARD N. BLOMGREN MICHAEL B. VELASQUEZ MATTHEW N. WILLIAMS PATRICK J. BRODERICK MICHAEL D. VIGIL LEON M. WILSON CHRISTOPHER G. CAHILL THOMAS S. WALL PHILIP J. EMANUEL IN THE NAVY JOEL T. WEAVER STEVEN P. GARDINER STEVEN W. WILCZYNSKI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NICKOLAS K. HANBY JON E. WILSON IN THE GRADE INDICATED IN THE UNITED STATES NAVY JEFFREY B. HIRSCH KURT F. WINTER RESERVE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 716: KENNETH S. KOLACZYK GREGORY S. YOUNG CHARLES W. MCCAMMON To be captain CHRISTOPHER S. ZIMMERMAN EDWARD J. MCDONALD GREGORY J. MURREY HUGO M. POLANCO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARIANELA M. SMITH TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JOSEPH H. UHL UNDER TITLE 10, U.S.C., SECTION 624: MENT TO THE GRADE INDICATED IN THE UNITED STATES MARK J. WINTER NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be lieutenant commander THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be captain TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANDREW K. BAILEY PATRICK V. BAILEY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be captain UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN T. ARCHER RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES M. BUTLER To be lieutenant commander To be captain DONALD T. MAIXNER TODD J. OSWALD ANDREW D. MCDONALD LYNN A. OSCHMANN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be lieutenant commander To be captain To be captain MARIA D. JULIA—MONTANEZ STEVEN T. BELDY DIANE C. BOETTCHER DONALD S. BROWN IN THE ARMY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WAYNE R. BROWN SCOTT D. DAVIES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES ARMY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL DEWITT SEAN P. FAGAN UNDER TITLE 10, U.S.C., SECTION 624: To be captain DAVID W. GUNDERSON To be major STEPHEN F. HALL STEPHEN J. LEPP JOHN H. HILL III TYLER M. ABERCROMBIE JOHN P. LEWIS GEORGE HONEYCUTT GREGORY A. ADAMS II JAMI MASON WILLIAM J. ADAMS, JR. MELANIE F. OBRIEN JERRY P. HUPP ROBERT S. LAEDLEIN PEDRO O. AGAPAY III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RUSSELL LARRATT RYAN C. AGEE TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT C. MCMAHON JUSTIN T. AGOSTINE RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES D. NORDHILL SCOTT J. AKERLEY WILLIAM C. OLDHAM CALVIN R. ALLEN To be captain RONALD G. OSWALD JERRID K. ALLEN CAROLINE M. GAGHAN DAN A. STARLING WILBERT A. ALVARADO JONAS ANAZAGASTY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MERLIN F. ANDERSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS N. ANDERSON RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ERIK A. ANDREASEN To be captain To be captain RENATO E. ANGELES BRIAN M. ANTHONY DAVID W. HOWARD JAMES D. BEARDSLEY ERIK S. ARCHER PHAN PHAN DAVID A. BENNETT JOHN D. ARMSTRONG STEPHEN D. SEAMAN KENNETH R. BLACKMON KEVIN P. ARNETT CHARLES P. SERAFINI JEFFREY F. BROKOB EDWARD L. ARNTSON CARL R. TORRES TIMOTHY S. BUFFINGTON SANTOS H. ARROYOCLAUDIO EUGENE A. BURCHER ERIC E. ARTEMIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SCOTTY D. BURLESON DANIEL S. ARTINO TO THE GRADE INDICATED IN THE UNITED STATES NAVY JEFFREY M. CARSWELL RANDALL L. ASHBY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: LOUIS M. CASABIANCA AARON D. ASHLEY To be captain ROBERT T. CLARK SHEA A. ASIS ROBERT W. CORRIGAN KENNETH M. ATTAWAY II KEVIN A. ASKIN PAUL M. COSTELLO BOWE T. AVERILL

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2666 CONGRESSIONAL RECORD — SENATE April 26, 2010

JERRAD R. AVERY MIN K. CHOI PATRICK F. FEILD SONNY B. AVICHAL CHRISTOPHER M. CHURCH AARON D. FELTER CATHERINE M. BABBITT RODNEY E. CLARK BENJAMIN J. FERGUSON MARCUS T. BAILEY KEVIN S. CLARKE KEVIN C. FINNEGAN HAILEYESUS BAIRU AMY L. CLEMENTS LUCAS M. FISCHER DOUGLAS F. BAKER, JR. MATTHEW J. CLEMENTZ IAN FISHBACK JONATHAN D. BAKER CHARLES E. CLINE II FRANK E. FISHER JAMES D. BALLARD JASON W. COCKMAN MICHAEL E. FISHER MICHAEL K. BARNETT TYLER J. CODY RICHARD A. FISHER CHARLES K. BARR MATTHEW J. COLE JOHN P. FITZGERALD JOHN R. BARTHOLOMEW LILIA L. COLEMAN MATTHEW P. FIX DANIEL R. BARTLETT CHAD C. COLLINS JEFFERY E. FLACH JOHNIE W. BATH DENNIS B. COLLINS BENJAMIN A. FLANAGAN JULIA E. BAUN JOHN D. COLLINS JEFFREY D. FLANAGAN SAMANTHA R. BEBB PATRICK D. COLLINS STEPHEN C. FLANAGAN JOHN L. BECK, JR. ANIBAL COLON MICHAEL C. FLATOFF JAMES A. BECKER SHAUN S. CONLIN ARTURO E. FLORES WYNNE M. BEERS STEVE CONRAD RUSSELL W. FORKIN KEVIN M. BEHLER KEVIN J. CONSEDINE MARCUS R. FORMAN RICHARD BELL III JOE D. COOK, JR. JASON H. FOROUHAR MELISSA V. BEMBENEK NICHOLAS M. COOK RYAN H. FORSHEE KEITH W. BENEDICT JOSEPH D. COOLMAN ABRAHAM FOSTER CHRISTOPHER D. BERG MICHAEL S. COOMBES RUSSELL H. FOX KIRSTEN J. BERGMAN KING E. COOPER, JR. STEPHEN S. FOX BRAD A. BERTINOT MICHAEL P. CORMIER MARCUS T. FRANZEN GARY J. BETTINGER ANDREW J. CORNWELL BETH R. FRAZEE ROBERT N. BEZOUSKA VOYED D. COUEY DONALD R. FRAZEE CORY J. BIEGANEK LEE A. COURTNEY RICARDO FREGOSO PATRICK M. BIGGS AARON B. CRAFTON JEREMIAH C. FRITZ CHRISTOPHER L. BLAHA DOUGLAS S. CRATE JOHN R. FRITZ BRYAN W. BLAIR JAMES C. CREMIN BRYAN W. FRIZZELLE JACOB A. BLANTON MARTYN Y. CRIGHTON LOUIS B. FRKETIC JESSE A. BLANTON IRA L. CROFFORD, JR. RASHAD J. FULCHER JOEL A. BLASCHKE NATHANIEL D. CROW IAN M. FULLER WILLIAM A. BLISS PAUL J. CRUZ JEFFREY R. FULLER EDWARD L. BLOUNT WILLIAM B. CUFFE DOUGLAS K. FULLERTON JEFFERY S. BOERS JOHN D. CUNNINGHAM MARK O. FULMER CHRISTOPHER J. BOLT ROBERT B. CUSICK JONATHAN M. FURSMAN DANIEL B. BOLTON JOSEPH W. DAIGLE ANDREW J. FUTSCHER MARK W. BOLTON HENRY J. DAILY GREGORY L. GABEL DALE P. BOND, JR. SAMUEL DALLAS, JR. JOHN A. GABRIEL JASON P. BOONE GREGORY A. DANIEL RICHARD A. GALEANO KEITH T. BORING JOSE D. DANOIS ELLIS GALES, JR. BRIAN J. BORKOWSKI THOMAS C. DARROW DIANA B. GARCIA JAMES D. BOURIE JOSEPH V. DASILVA JOSUE C. GARCIA JOSHUA S. BOWES WESLEY C. DAVIDSON MICHAEL R. GARLING MICHAEL A. BOWLES DAPHANIE R. DAVIS ALEX R. GARN BRANDON L. BOWMAN IAN R. DAVIS BEAU P. GARRETT SHANE W. BOYD JASON E. DAVIS STEWART U. GAST RAGENEA M. BRADEEN MATTHEW W. DAVIS EUGENE GATES, JR. PAUL A. BRADLEY NATHANIEL B. DAVIS DAVID G. GAUGUSH CHRISTOPHER H. BRADY MATTHEW C. DAWSON EDWARD P. GAVIN KEITH W. BRAGG PHILIP J. DEAGUILERA RYAN E. GAVIN MARIE E. BRANTNER NICOLE E. DEAN CHRISTOPHER M. GIBSON JOHN R. BRAUN, JR. JASON R. DEFOOR JAMES H. GIFFORD CHRISTOPHER R. BRAUTIGAM ANDREW J. DEFOREST MARK E. GLASPELL JULIA A. BRENNAN JASON O. DEGEORGE JASON A. GLEASON RACHEL A. BRESLIN JAMES DEMONSTRANTI JOSEE S. GOLDIN NICHOLAS BRESNYAN CHARLES T. DENIKE JOHN J. GOODWIN WENDY L. BRESNYAN FRANKLIN D. DENNIS ANTHONY W. GORE CORRIE S. BRICE HAROLD W. DENNIS GEOFFREY T. GORSUCH RAMON BRIGANTTI MARK F. DESANTIS JENNIFER L. GOTIE DAVID W. BRITEN KENDRICK S. DEVERA RYAN R. GOYINGS JONATHON M. BRITTON ANDREW J. DIAL DOUGLAS M. GRAHAM JOHN W. BROCK II ROBERT W. DICKERSON KRISTIN C. GRAHAM ANDREW J. BROWN DANIEL A. DIGATI MIRELLA GRAVITT DU H. BROWN JOHN A. DILLS DAVID W. GRAY EARL C. BROWN ROBERT E. DION, JR. ANTHONY J. GREEN TEMPLE H. BROWN BRENT P. DITTENBER JASON A. GREEN THEONIS S. BROWN, JR. JOHN R. DIXON JOSEPH GREEN, JR. JOHN M. BRUGGINK JESSICA E. DONCKERS LORENA GREENE VANCE M. BRUNNER TYLER R. DONNELL MORGAN D. GREENE DONALD L. BRYANT SHANE R. DOOLAN ROGER M. GRIFFIN, JR. JAMES P. BRYANT, JR. MICHAEL J. DOYLE NICHOLAS A. GRIFFITHS HEATH B. BUCKLEY BRUCE M. DRAKE JUSTIN K. GRIMES TRAVIS D. BUEHNER SEAN T. DUBLIN RICHARD Z. GROEN RYAN J. BULGER JASON G. DUDLEY ALI GROSS BARBARA M. BURGER KIRK A. DUNCAN DANIEL J. GROSS CHRISTOPHER W. BURKHART KYLE E. DUNCAN JONATHAN J. GROSS MATTHEW S. BURNETTE SCOTT W. DUNKLE LOREN E. GROVES JAY W. BUSH NOEL A. DUNN JONATHAN D. GUINN EDZEL L. BUTAC JEFFREY R. DUPLANTIS MICHAEL J. GUNTHER SCHERIEF C. BUTLER CHRISTIAN A. DURHAM LAWRENCE P. GUSZKOWSKI LOREN A. BYMER WESTON T. DURHAM JOHN C. GWINN MARCUS J. BYNUM JUSTIN A. DUVALL JOHN L. HAAKE NATALIE A. BYNUM NICHOLAS H. DVONCH STEVEN L. HADY CURTIS L. BYRON, JR. RODERICK M. DWYER ROBERT W. HAGERTY MICHAEL CALDERON MICHAEL F. DYER SCOTT M. HAGGAS RICARLOS M. CALDWELL GEOFFREY L. EARNHART MATTHEW P. HALL DANIEL G. CAMPBELL, SR. JEREMY W. EASLEY SETH G. HALL DAVID W. CAMPBELL DAVID W. EASTBURN ADAM D. HALLMARK JAMES G. CAMPBELL JOSHUA A. EATON CHRISTOPHER J. HALLOWS JOSHUA L. CAMPBELL DION S. EDWARDS DAVID L. HAMILTON KIRK A. CAMPBELL CHRISTOPHER M. EFAW JEFFREY S. HAN RYAN A. CANADY JOSHUA E. EGGAR THOMAS J. HANDO CHARLES H. CANNON WAYNE E. EHMER TIMOTHY P. HANSEN SCOTT L. CANTLON LEERAN EINES SHAWN P. HARKINS BRIAN C. CAPLIN MICHAEL T. ELIASSEN TIMOTHY A. HARLOFF MATTHEW S. CARL ROBERT D. ELLIOTT BRYAN A. HARMON PAMELA CARLISLE CHRISTOPHER R. ELLIS JEFFREY C. HARMON BRENDAN J. CARROLL JASON A. ENGELBRECHT BRIAN L. HARNDEN FRANCISCO CASANOVA III CHAD M. ENGLISH JUSTIN D. HARPER THOMAS W. CASEY ROBERT L. ENSSLIN WILLIAM D. HARRIS, JR. DAVID C. CASTILLO NEAL R. ERICKSON JOSEPH M. HARRISON FRANCIS J. CASTRO MICHAEL C. ERNST RICHARD W. HARTFELDER MARIO N. CASTRO GREGORY P. ESCOBAR JONATHAN T. HARTSOCK AUDIE A. CAVAZOS VIC ESPARZA JEFFREY D. HARVEY BRANDON C. CAVE JENNIFER L. ETTERS RONALD W. HAVNIEAR ADAM S. CECIL KEVIN M. EUBANKS DAVID L. HAWK VINCENT E. CESARO CHRISTOPHER P. EVANS JEFFREY D. HAY MATTHEW A. CHANEY JEREL D. EVANS JEFFREY W. HAZARD JAMES E. CHAPMAN, JR. ROBERT R. FAIREL, JR. MELINDA J. HENNESSEY JONATHAN M. CHAVOUS NICHOLAS J. FALCETTO DAVID W. HENSEL DALLAS Q. CHEATHAM ROBERT P. FARRELL ANDREW M. HERCIK THOMAS R. CHERNEY JOHN I. FAUNCE DERRICK B. HERNANDEZ STEVEN C. CHETCUTI SHERRI A. FAZZIO AARON G. HERRERA YOUNG M. CHO MATHEW A. FEEHAN ANDREW L. HERZBERG

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2667

JASON S. HETZEL JOSE A. LEMUS CARLOS O. NUNEZ JOHN W. HICKS TIMOTHY J. LEWIS LAWRENCE R. NUNN WALTER L. HICKS DONALD C. LITTLE OLIVIA J. NUNN JEFFERY C. HIGGINS JASON A. LITTLE TONY S. NYBERG DENNIS K. HILL SHANE M. LITTLE WILLIAM C. NYE JAMES P. HILL CLAY J. LIVINGSTON KITEFRE K. OBOHO ROBERT E. HILTON DANIEL P. LLOYD CLEMENCE C. OBORSKI JEFFREY A. HINDS JUSTIN D. LOGAN CESAR J. OCASIO LUSTER R. HOBBS JASON R. LOJKA JEFFREY R. ODELL CHRISTOPHER M. HODL DAVID R. LOMBARDO DANIEL J. OH DANIEL J. HOEPRICH MICHAEL B. LONG SEAN M. OHALLORAN CHRISTIAN A. HOFFMAN ERNESTO LOPEZ, JR. JEREMY M. OHEARN MATTHEW T. HOFMANN JUSTINO LOPEZ BRENDAN B. OHERN ROBERT S. HOLCROFT WILLIAM H. LOVE DARRYL T. OLDEN II ROBERT L. HOLENCHICK, JR. KEVIN W. LOVETT DAVID R. OLEARY NEIL A. HOLLENBECK DANIEL J. LUCITT MICHAEL J. OLESON DAVID L. HOLLOWAY THOMAS C. LUDWIG MARIO A. OLIVA GREGORY M. HOLMES REBECCA L. LYKINS PAUL M. OLIVER RACHEL A. HONDERD SEAN P. LYONS MATTHEW S. ONEILL ERIC S. HONG MITCHELL D. MABARDY CHRISTOPHER D. OPHARDT ROBERT HOOVER ADAM E. MACALLISTER JOHN D. ORDONIO JASON D. HOPKINS ROBIN D. MACBRIDE RYAN C. OREILLY ADRIA O. HORN GLEN A. MACDONALD BRENDAN D. ORMOND JAMES A. HORN LEEVI J. MACDONALD ETHAN W. ORR SEAN K. HORTON SETH P. MADISON RICARDO J. ORTEGA STEWART N. HOUPT JOSHUA D. MADLINGER MARK L. OSANO BETSY A. HOVE STEPHEN P. MAGENNIS EDMUND D. OSWALT TERRY L. HOWELL PETER N. MAHMOOD THOMAS C. OWENS REX A. HOWRY ROBERT A. MAHONEY STEVE A. PADILLA JACOB D. HUBER STEVEN R. MAJAUSKAS RICHARD PALAGONIA HAROLD HUFF III CHEVELLE P. MALONE TIMOTHY R. PALMER BRIAN M. HUMMEL JONATHAN D. MALONE HEATH E. PAPKOV JENNIFER O. HUNTER ANDREW R. MARCH DAVID C. PARK WILLIAM C. HUNTER III DAVID M. MARLOW JACY A. PARK DONNIE J. HURT WILLIAM B. MARSH SUSAN M. PARKER WILLIAM J. HUSSEY CRAIG A. MARTIN DONALD N. PARRISH STEFAN W. HUTNIK LORING G. MARTIN TIMOTHY P. PARRISH CHIKA A. IHENETU MICHAEL R. MARTIN BENJAMIN R. PARRY MICHAEL J. ISBELL LUIS D. MARTINEZ TYLER B. PARTRIDGE JARROD A. ISON JOSEPH B. MASON, JR. MICHELL R. PASCUAGORDON BENJAMIN F. IVERSON MATTHEW T. MASON ARTHUR L. PATEK STEVEN E. JACKOWSKI CATHY L. MASSEY NATHANAL J. PATTON MELVIN S. JACKSON MICHAEL S. MASSMANN SARAH E. PEARSON BENJAMIN D. JAHN PATRICK E. MATHER SAMUEL R. PEMBERTON JASON D. JAMES SEAN P. MCBRIDE SENECA PENACOLLAZO NORMA A. JAMES SEAN C. MCCAFFERY MICHAEL Q. PENNEY REGINALD A. JAMO GEORGE A. MCCLAIN III FRANCIS B. PERA THOMAS L. JENSEN BRAD C. MCCOY ANTONIO PEREZ DAVID L. JERKINS COREY G. MCCOY PHILIPPE A. PERRAULT MELVIN B. JETER JOSHUA T. MCCULLY WILLIAM R. PERRY ARTHUR E. JIMENEZ GARY P. MCDONALD CHARLES D. PETERS AARON J. JOHNSON MATTHEW L. MCGRAW THOMAS V. PETRINI CHARLES S. JOHNSON SCOTT N. MCKAY KYLE D. PETROSKEY GEORGE H. JOHNSON III BRETT C. MCKENZIE MATHEW J. PEZZULLO JOEL M. JOHNSON SEAN M. MCLAUGHLIN MICHAEL J. PHILLIPS, JR. KIRK A. JOHNSON FREDRICK J. MCLEOD ROBERT R. PHILLIPSON JACOB M. JOHNSTON DERICK P. MCNALLY THOMAS E. PIAZZE III MIGUEL A. JUAREZ JOEY W. MCNAUGHTEN JEFFREY W. PICKLER BARBARA E. JUNIUS TRACEY Y. MCNAUGHTEN ROGELIO A. PINEDA JAMON K. JUNIUS BRENDAN T. MCSHEA LONNIE PIRTLE BOBBY M. JURANEK ROBERT C. MCVAY NICHOLAS J. PLOETZ WILLIAM T. KAMPF DWIGHT S. MEARS ROBERT E. PLOWEY GARY R. KATZ BRITTANY E. MEEKS MICHAEL S. POALETTI MARK A. KATZ LUIS R. MEJIAROMAN JAMES D. POMRANKY NICHOLAS S. KAUFFELD LUKE E. MERCIER JAMES L. POPE BRIAN F. KAVANAGH ANDREW G. MILLER DONALD R. PORTER, JR. BRYCE K. KAWAGUCHI BRIAN J. MILLER RILEY J. POST ANTHONY J. KAZOR DERIK Z. MILLER DUSTIN M. POTTER SEAN C. KEEFE IVAN D. MILLER EMILY J. POTTER RYAN D. KEEL JOHN G. MILLER BRYAN G. POTTS DANIEL A. KEENER JOHN L. MILLER DEAN C. POWELL MATTHEW L. KEITH JOSEPH M. MILLER SHAWN S. PRESCHER SHAWN C. KELLER ROBERT D. MILLER ANTHONY J. PRITCHETT CARINA L. KELLEY CRAIG W. MILLIRON GERALD D. PUMMILL TERENCE M. KELLEY ROBERT C. MISKE ISABEL C. PYATT CHRISTOPHER J. KELSHAW MONICA S. MITCHELL JOHN F. RABY NGUANYADE S. KEMOKAI PETER J. MOLINEAUX LEROY E. RAEL DAVID L. KENNEY THOMAS P. MOLTON II MARTIN RAMOS SEAN M. KENNEY JOHN H. MOLTZ IV MICHAEL S. RAMSEY, JR. JEREMY E. KERFOOT GAMBLE L. MONNEY ASHTON J. READ CARLA A. KIERNAN DONALD J. MOORE ROSEMARY M. REED MIRANDA L. KILLINGSWORTH DONALD F. MOREY GERALD E. RESMONDO, JR. DONALD R. KIRK AARON F. MORRIS KARL A. REUTER STEPHEN D. KITCHENS CHAD E. MORRIS ADAM P. REYNOLDS CHRISTOPHER P. KLEMAN KAREL T. MORRIS WILLIAM S. RICHARDSON FOSTER E. KNOWLES RAFAEL J. MORRISON DANA L. RIEGEL CALVIN A. KNOX EDWIN D. MORTON III FRED RIGGS, JR. TIMOTHY M. KOERSCHGEN SCOTT D. MOSLEY INGEBRIGT A. RIISE JOSEPH W. KOLCZYNSKI MARK P. MUDRINICH TOBY L. RISNER MICHAEL L. KOLODZIE JOSEPH R. MUKES ALBERTO S. RIVAS MONTE A. KOONTZ MICHAEL D. MURPHY REYNALDO A. RIVERA JON E. KORNELIUSSEN THOMAS C. MURPHY CHRISTOPHER J. RIVERS MICHAEL A. KRAMER MATTHEW R. MYER MARION E. ROARK JUSTIN P. KUETHER JOHN A. MYERS CHRISTOPHER A. ROBBINS GEORGE P. LACHICOTTE CHRISTIAN D. NAFZIGER KEITH B. ROBERTS BRYAN K. LAKE MICHELLE J. NALL ALEX P. ROBINSON DAVID M. LAMBORN ISMAEL B. NATIVIDAD CARLOS F. ROCKSHEAD CHRISTINE A. LANCIA JEREMIAH J. NAYLOR FRANK A. RODRIGUEZ JERRY E. LANDRUM DONALD R. NEAL MICHAEL S. ROENFANZ ADAM D. LANDSEE JOHNATHON W. NELSON CHRISTOPHER L. ROGERS JEREMY E. LANE ANTONIO L. NESTER ROY L. ROGERS FORD M. LANNAN HEATHER R. NEWBERRY BEAU G. ROLLIE ERIC D. LARSEN RONALD L. NIEDERT BENNY H. ROMERO MARK E. LARSON KENNETH E. NIELSEN II JORGE A. ROSARIO PAUL I. LASHLEY ANDREW T. NIEWOHNER MICHAEL S. ROSOL ADAM F. LATHAM GLENN A. NILES, JR. FODAY K. ROSS STANLEY A. LAY KARL M. NILSEN CHRISTOPHER M. ROWE MATTHEW R. LEBLANC JASON H. NOBLE JEREMY J. ROY MATTHEW P. LECLAIR CHARLES E. NOLL G. KURT RUEDISUELI ANDRES J. LEDAY, JR. JOHN M. NOLT JESSICA K. RUTH ASHLEY S. LEE DANA NORRIS KEVIN P. RYAN GREGORY G. LEE PETER J. NORRIS DAVID J. SADOVY KACIE M. LEE RODNEY A. NORRIS JARED D. SAINATO JASON A. LEGRO LEE M. NORTH JACKSON T. SALTER JOSEPH J. LEMAY HANY S. NOUREDDINE ROBERTO R. SANCHEZ ANDREW E. LEMBKE LEE C. NOVY ANDREW W. SANDERS RUSSELL P. LEMLER ALEJANDRO M. NUNEZ EDWARD J. SANFORD

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2668 CONGRESSIONAL RECORD — SENATE April 26, 2010

STEVEN D. SANTAMARIA JENNIFER L. TRACY AARON B. BLANNING RAYMOND SANTIAGORIVERA ROBERT K. TRACY DAVID K. BODENBENDER MICHAEL S. SAXON JESS S. TRAVER IV SHELVIE BOOTH, JR. OLIVER H. SCHALLER YULANG TSOU CANDY BOPARAI JAIRO M. SCHIFFMAN MICHAEL P. TUMLIN DEREK D. BOTHERN AARON C. SCHILLECI ANTOINETTE C. TURNER SUSAN M. BOUJNAH EZRA K. SCHILLER CHARLES C. TURNER JESSE J. BRANSON JONATHAN C. SCHMIDT JAMES N. TURNER JASON C. BRAY LUKE C. SCHMIDT JOHN B. TURNER WILLIAM D. BRICE ERIC G. SCHNABEL RICARDO A. TURNER RANDY T. BROOKS ERICH B. SCHNEIDER JENNIFER L. UYESHIRO BENJAMIN S. BROWN JOHN M. SCHOENFELDT PHILLIP J. VALENTI CLEO T. BROWN JASON P. SCHUERGER CAMP J. VAN JOEL R. BROWN STEVEN J. SCHULDT TIMOTHY J. VANALSTINE RANDELL W. BROWN TIMOTHY M. SCHUMACHER ROBERT L. VANAUKEN CHRISTOPHER S. BROWNING NICHOLAS H. SCHUTTE RUSSELL W. VANDERLUGT VONTE Q. BRUMFIELD ANGELA L. SCOTT ROBERT T. VANDINE PAUL A. BUBLIS JASON A. SCOTT JOSHUA B. VANETTEN JASON A. BUCHANAN JEREMY O. SECREST MARK J. VANHANEHAN MICHAEL R. BUCHMAN LAWRENCE SEKAJIPO TYLER G. VANHORN RAVEN M. BUKOWSKI MICHAEL M. SEMMENS RONNY A. VARGAS STEPHEN J. BURROUGHS DOUGLAS F. SERIE DERRICK L. VARNER DENNY A. BUTCHER ANDRE J. SESSOMS JOSE R. VASQUEZ CHARLES T. CAIN TRAVIS D. SHAIN ERICK R. VELASQUEZ DEVON M. CALLAHAN JEFFREY H. SHARPE DALE T. VERRAN SHAWN C. CALLAHAN KELCEY R. SHAW RENATO VIEIRA LOANNY E. CANCINO MICHAEL C. SHAW ISRAEL VILLARREAL, JR. MATTHEW J. CANNON BENJAMIN L. SHEPHERD TREVOR S. VOELKEL RODOLFO CAPETILLO, JR. SAMUEL G. SHEPHERD SRATHA VORARITSKUL BRETT A. CAREY SEAN R. SHIELDS SETH W. WACKER TIMOTHY R. CARIGNAN ZACHARY D. SHIELDS SCOTT R. WADE JAMEL R. CARR MATTHEW D. SHIFRIN DAMON T. WAGNER TARA S. CARR DARIN R. SHORT NEILSON W. WAHAB LEE J. CASTANA STEPHEN C. SHORT KENNETH W. WAINWRIGHT TYLER M. CATE JASON M. SHULTZ JAMES A. WALKER NANCY C. CECH MATTHEW A. SIEBERT KYLE M. WALTON JESSE G. CHACE TIMOTHY A. SIKORSKI DANIEL J. WARD CHRISTINE V. CHAMBERS DOUGLAS S. SIMMONS JOSEPH D. WEINBURGH STEPHEN M. CHAMPLIN ANDREW K. SINDEN SHANE M. WELLER LEILANI CHANBOON MICHAEL F. SMEDLEY CHARLES W. WELLS TREVOR J. CHARTIER BLAYNE P. SMITH JOHNATHAN H. WESTBROOK RICHARD T. CHEN CHUNKA A. SMITH DANIEL F. WESTERGAARD WILLIAM J. CHERKAUSKAS DONALD P. SMITH WILLIAM D. WHALEY JOHN D. CHILDRESS JAMES R. SMITH JARON S. WHARTON ANGELICA O. CHRISTENSEN JOSHUA A. SMITH SHANA M. WHATLEY CRAIG A. CHRISTIAN LANDGRAVE T. SMITH ANDREW A. WHITE NANCY E. CLAUSS MARK K. SNAKENBERG CONRAD T. WHITE MORGAN A. CLOSE JOHN P. SNOW HARRY B. WHITE CAMALA L. COATS MATHEW R. SNYDER JAMES M. WIESE ERIC L. COGER SCOTT D. SNYDER CHRISTOPHER A. WILEY MICHAEL B. COHEN BRANDI L. SOULE CLARENCE W. WILHITE RONALD A. COLOMBO, JR. TERRENCE L. SOULE JEREMY P. WILLIAMS LAKEETRA COLVIN AARON J. SOUTHARD JOHN R. WILLIAMS JOSHUA M. CONANT BRIAN M. SOUTHARD NATHAN B. WILLIAMS JAMES K. COPPENBARGER ROBERT W. SPARA PATRICIA R. WILLIAMS JAMES C. CORBETT WESLEY M. SPEAR RYAN T. WILLIAMS ROBERT M. COX JOHN W. SPENCER DOUGLAS M. WILLIG MATTHEW J. CROWE DAVID M. SPIRZ TOD W. WILLOUGHBY ANDREW D. CROY RONALD W. SPRANG DONALD A. WINDSOR JOSE I. CRUZAYALA TANNER J. SPRY TIA C. WINSTON LUIS S. CRUZRAMOS KEVIN H. STACY EDWARD B. WITHERELL AARON D. CUMMINGS BRADEN P. STAI SEAN A. WITTMEIER CLIFTON L. CUNNINGHAM JAMES R. STAMPFER RICHARD E. WITWER MARIA T. CURTIS HAROLD D. STANLEY PHILIP C. WOLFE STEVEN J. CURTIS DWAYNE W. STAPLES LILLIAN I. WOODINGTON JAMES H. DAILEY JASON R. STARAITIS JASON T. WOODWARD SHAWN P. DALRYMPLE CHARLES E. STEARNS ASHLEY R. WORLOCK BRIAN C. DARNELL RICHARD D. STEARNS TRAVIS S. WORLOCK CARSON E. DAVIS TIMOTHY M. STEPHENSON VASHAUN A. WRICE JAY B. DAVIS ROBERT J. STEVENSON CATRINA D. WRIGHT MICHAEL H. DAVIS MARGARET G. STICK JOHN E. WRIGHT, JR. ROY F. DAVIS, JR. SHANNON E. STOKES SCOTT R. YANDELL BRANDON B. DAWALT PATRICK T. STONE MICHAEL S. YEAGER JACOB H. DAY RICHARD J. STRAVITSCH JASON B. YENRICK ALICIA R. DEASE BRADLEY R. STREMLAU ROBERT W. YERKEY ASHOK K. DEB JAMES C. STULTZ SAMUEL S. YI LUIS A. DELEON MICHAEL W. STULTZ PETER D. ZAFFINA KENNETH H. DONNOLLY RONALD J. STURGEON D004484 JAMES F. DOUGHERTY JEFFREY M. STYER D005666 LAWRENCE DOUGLAS JUAN A. SUERO D010113 BRENDAN J. DUNNE RICHARD A. SUGG D010186 AMBER J. EASTBURN MEGHANN E. SULLIVAN TYLER Q. EDDY JUSTIN J. SUMMERS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIN N. EIKE ROBERT M. SUMMERS TO THE GRADE INDICATED IN THE UNITED STATES ARMY CLIFFORD W. ELDER PHONPIROUN SUNDARA UNDER TITLE 10, U.S.C., SECTION 624: STEVEN L. ELGAN TODD S. SUNDAY To be major KEVIN A. ELLIOTT NELSON P. SUNWOO JOEL P. ELLISON JOHN K. SWARAY GREGORY J. ADY SERANEL N. ENGUILLADO ADAM J. SWEDENBURG BRIAN D. ALLISON THOMAS E. ENTERLINE CHADWICK S. SWENSON PATRICK L. ALSUP MICHAEL S. ERWIN KAMIL SZTALKOPER CAESAR D. ALVAREZ SHARI D. EVANS JOSE E. TADURAN CHRISTOPHER B. AMARA TODD T. EVANS JEFFERY L. TANKSLEY DANIEL J. ANDREWS PETER R. EXLINE SHEILA M. TAVARES STEPHEN A. ARMSTRONG RICHARD G. EYRISH BARTON E. TAYLOR TODD W. ARNOLD JASON C. FARMER MICHAEL M. TAYLOR ANDREW J. AROLA TAMMY J. FEARNOW ROBERT B. TAYLOR MATTHEW G. AUSTIN PAUL J. FEDAK, JR. BRANDON S. TENNIMON SCOTT G. BAKER ERIC P. FEKETE JEFFERY A. THAYER RAVI A. BALARAM JOHN D. FINCH PETER A. THAYER ANDRAE T. BALLARD CHRISTOPHER D. FIRESTONE JONATHAN M. THOENNES PHILLIP M. BALLARD SAMUEL T. FISHBURNE MATTHEW R. THOM JASON L. BARTLETT ANDREW R. FLORENZ AARON M. THOMAS DAVID C. BEALL MICHAEL M. FORBES TROY P. THOMAS STEVEN R. BEARDEN DAVID FORD, JR. VINCENT A. THOMAS JORDAN M. BECKER TAUNYA L. FORD PAUL E. THOMPSON ROBERT D. BECKWITH REGINALD L. FOSTER RICHARD E. THOMPSON JOSHUA E. BEISEL JAMES R. FOURNIER ANDREW A. THUEME WILLIAM BELL MICHAEL E. FRY BRIAN D. TILLSON BRET H. BELLIZIO TERRY W. FRY DAVIS D. TINDOLL RICHARD J. BENDELEWSKI SAMUEL T. FULLER EMERITO M. TIOTUICO CRAIG M. BENKE ROBERT J. GABLE MICHAEL T. TOBIAS BRIAN L. BERTHELOTTE CHARLES A. GAINESHAGER GREGORY M. TOMLIN DAVID M. BESKOW GLEN F. GALEONE MICHAEL B. TONEY FRANK J. BIRD YESENIA GARCIA JOHN T. TOOHEY SHANEKA L. BIZZELL BENJAMIN C. GARNER PATRICK R. TOOHEY KEVIN E. BLAINE ROBERT W. GAUTIER III MICHELLE H. TOYOFUKU MICHAEL G. BLANKENSHIP JOHN F. GAVIGAN

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2669

ANTHONY M. GELORMINE WILLIAM A. MACUGAY STEPHANIE J. ROYAL LARON D. GENERAL MARLON T. MALLORY BRIAN J. RYAN MARLOW GHORSTYGRBRAKOXFDEIS ADAM B. MANGRUM SCOTT A. SALMON MATTHEW P. GIACOBBE ANTHONY D. MARCHAND BRETT T. SAMMIS LOUIS C. GIANOULAKIS DAVID P. MARONE ANDREW P. SANDERS SEAN GIBBS GUALBERTO J. MARRERO JOHN L. SANDERS JOSEPH I. GILBERT ALLISON A. MARSCHEAN ROBERTO A. SANTAMARIA JOHN F. GILBRETH MICHAEL M. MARTIN NATHAN L. SCHMUTZ SHONDA L. GILCHRIST ADRIAN D. MASSEY PATRICK SCHORPP MICHAEL A. GIORDANO TOM O. MATCHIN III ERIC R. SCHWARTZ DAVID L. GOMEZ WILLIAM C. MATTERN BRIAN J. SCICLUNA RAINIER GONZALEZ JERZY M. MATYSZCZUK SHANE P. SCOTT CONTRELL D. GOODE BRIAN L. MAYER MARK A. SEABOLT KELLY K. GOODRICH ERICA T. MAYS CHRISTOPHER N. SEBASTIAN DERRICK L. GOODWIN DAVID J. MCCARTHY KRYSTAL G. SESSOMS LINDA GRANT JERRY D. MCCULLEY DENISE M. SEVERNS XAVIER L. GREGORY LEE E. MCKNIGHT DAVID S. SHEEHAN MICHAEL P. GROOM CORY T. MCKOY PAUL M. SHEPPARD KRISTA J. GUELLER ROHAN C. MCLEAN SILVINO S. SILVINO JEREMY D. GUY COURTLAND B. MCLEOD JOHN D. SIMMONS CRAIG A. HAGER ROBERT E. MCMAHON AMY K. SITZE KEITH E. HAGER THOMAS H. MCMURTRIE III KELLY L. SKRDLANT STARRIA HAIGOOD DAVID L. MCNATT BRIAN D. SLOSMAN PATRICK E. HAIRSTON THOMAS P. MCQUARY DAVID W. SMARTT LINDSAY A. HALE JOSE M. MEDINA ABDUL SMITH LUCAS E. HALE GLENN A. MEDLOCK JOSEPH B. SMITH BRANDON B. HALSEY JOHN A. MEISTER ROBERT L. SMITH DAVID E. HAMMERSCHMIDT CARIE M. MENDIOLA SLADE K. SMITH PIERRE N. HAN KEVIN S. METHENY WILLIAM D. SMITH, JR. BRIAN M. HANLEY JAMES R. MIJARES JASON J. SONG BRIAN L. HANSEN BRE G. MILLARD MARK D. SONSTEIN KURTIS S. HANSON CATHERINE J. MILLER JORGE D. SOTO JOHN L. HARRELL KEITH B. MILLER JILLIAN K. STACK MICHAEL S. HARRIS MATTHEW G. MILLER MICHAEL E. STADNYK WALTER R. HARRISON NICHOLAS R. MILLER ANNA O. STALLINGS JANET L. HARROD ERICA M. MITCHELL KENNETH T. STALLINGS MATTHEW E. HARTMAN ANTHONY A. MOORE TYLER J. STANDISH BRIAN K. HAWKINS HAROLD L. MORRIS SCOTT H. STARR ROBERT M. HAYES SHYLO R. MORRISON JONATHAN L. STCLAIR AARON P. HEBERLEIN ROBERT C. MOYER ANDREW M. STONE AIMEE M. HEMERY VINCENT J. MUCKER LARRY R. STRATTON JOSEPH D. HESS NICOLE Y. MUI SEANSI L. STUCKER ROBERT K. HEWITT HENRY L. MUNOZ DAVID M. STURGIS JOSEPH L. HEYMAN HURCULES MURRAY II THOMAS D. STYLES PATRICK J. HOFMANN JASON C. MURRAY ROBERT R. SUDO HERBERT H. HOLBROOK, JR. ERIC M. MUSGRAVE DOUGLAS M. SWEET DENNIS L. HOLIDAY LOUIS P. NEMEC JOHN W. TAGGART JOAN E. HOLLEIN PETER A. NESBITT KEVIN TANN JEWELL M. HOSCILA JASON A. NEUBIG ERIC E. TAPP GREGORY E. HOTALING JEFFREY M. NICHOLSON TONYA TATUM DAVID W. HUGHES JONATHAN NORMAN AGUSTIN M. TAVERAS, JR. GREGORY V. HUMBLE BRIAN E. NORTHUP WILLIAM D. TAYLOR IVAN E. HURLBURT RAHMIN J. NORWOOD ANGEL TEJADA RONALD IAMMARTINO, JR. YAHMIN N. NORWOOD JAMES G. TEMPLE LANCE E. JACKSON JASON K. NOVAK KEVIN L. THAXTON JOSEF M. JACOBSEN PETER K. NUNN THEODORE A. THOMAS JEREMY T. JAMES RACHAEL L. OCONNELL EDWARD T. THOMPSON PAUL T. JEAN TIMOTHY M. ODONNELL SARAH E. THOMPSON NICHOLAS A. JEFFERS HEATHER E. OKEMU ERIC J. THORNBURG SIMONE R. JENKINS JOHN L. ONTKO, JR. MICHAEL C. THORPE BARTON T. JENNINGS KATHERINE R. OPIE KENDRA T. TIPPETT KEVIN A. JENSEN HENRY OPOLOT HOWARD C. TITZEL DANIEL J. JENTINK CHRISTOPHER E. OSGOOD MATTHEW D. TOBIN BIJI T. JOHN RICHARD R. PADEN AMY L. TORGUSON CARL P. JOHNSON TIMOTHY D. PAGE RAMON B. TORRES CHRISTOPHER M. JOHNSON CARMEN A. PAGLIO CARLOS TRINIDAD DOUGLAS V. JOHNSON, JR. DAVID R. PARKER GARRETT W. TROTT JACQUELINE L. JOHNSON BRIAN E. PATTON HEATH A. TUCKER JEFFREY W. JOHNSON DEIDRE E. PETERMAN TROY A. UHLMAN KEITH D. JOHNSON PAUL J. PETERS OMAR A. VALENTIN ANDRE E. JONES BRIAN J. PETERSON RAPHAEL VASQUEZ MICHAEL C. JONES MICHAEL A. PETERSON JEREMY D. VAUGHAN TASHA N. JONES ANDREW R. PFLUGER MICHAEL R. WACKER TYLER L. JONES CLINDON J. PHILLIPS ANGEL L. WADE ANTHONY S. JORDAN JANET L. PHILLIPS SCOTT R. WADE JEFFREY M. KANE STEVEN S. PHIPPS JAMES R. WARREN NICHOLAS C. KANIOS GARY W. PICKENS RYAN C. WATERS TARL E. KAROLESKI JERONE O. PICKENS JASON L. WEBB JOSHUA D. KASER PONGPAT D. PILUEK ETHAN T. WEBER LARRY M. KAY JEREMY F. PITANIELLO STEPHEN L. WEST PATRICIA KEEL CHANTE D. PONDEXTER CHAD C. WETHERILL SHANE P. KELLEY DEBRA M. PONKO JAMES C. WHITE STEVEN M. KENDALL SCOTT J. PORTER SHANNON D. WHITE JEFFREY C. KENDELLEN SHAYLA D. POTTER STEVEN M. WHITESELL JOSHUA S. KHOURY DONALD E. PRATT JERIMIAH A. WILDERMUTH DONALD D. KIM DERRICK N. PRAY CHRISTOPHER B. WILLIAMS JESSICA E. KING KURT A. PRESSELL CHRISTOPHER J. WILLIAMS ANDREW D. KIRBY JUSTIN W. PUNSHON CLIFTON S. WILLIAMS RONALD E. KITCHENS LOREN M. RACHFORD JACKIE A. WILLIAMS CHRISTOPHER F. KIZINSKI MATTHEW J. RADIK JENNIFER E. WILLIAMS CHRISTOPHER R. KOBYRA DONALD L. RAINES RENOR S. WILLIAMS JEFFREY J. KORNBLUTH PETER L. RANGEL TERRY A. WILLIAMS TIMOTHY A. KRAMBS TRACI E. RAYBURN WILLIAM C. WILLIAMS CHRISTOPHER A. KREILER ROBERT J. REDMON JEFFREY M. WILSON CHRISTOPHER G. KRUPAR ERIC M. REID MASON J. WILSON ALFREDA A. LACEY BLANCA REYES MICHAEL D. WISE JAMES A. LACOVARA KEVIN A. REYNOLDS BRIAN B. WOOD ROWELL V. LAINO REGINALD H. ROBERT J. WOODRUFF BRIAN S. LAMBERT ANGELA D. RICHARDS GREGORY J. WORDEN THOMAS J. LANEY JAMES E. RICHARDS KYLE R. YATES ROBERT B. LANIER DERRICK L. RICHARDSON D002220 LARRY E. LAROE ROBERT M. RICHARDSON D002878 DANIEL A. LAROSE ERICKA T. RICHMOND D003100 CHRISTAL L. LAWS ADELISSE RIOJAS D003907 ANGELIQUE LEDESMA DAVID J. RISIUS D004194 ANDREW C. LEE DAVID E. RITTENHOUSE, JR. D006529 HERB LEGGETTE RAFAEL G. RIVERA D010068 ROBERT C. LEICHT, JR. DEREK O. ROBINSON D010151 TYRONE A. LEWIS RUSTY W. ROBINSON D010152 SEAN A. LIBBY DANIEL J. ROGNE D010153 RYAN F. LIEBHABER ADRIENNE ROLLE D010154 NICHOLAS A. LONG CHRISTOPHER W. ROPER D010178 DENIS R. LORTIE, JR. GAMALIEL ROSA G001159 ROBERT W. LOYD ABDIEL ROSADOMENDEZ G001244 PHILIP X. LUU ANDREA M. ROSALES G001318 JONATHAN W. MACDONALD AARON M. ROSPENDOWSKI G001372 MATTHEW D. MACKEY MARY M. ROSS G010022

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2670 CONGRESSIONAL RECORD — SENATE April 26, 2010

G010033 TIMOTHY C. DANIELS LAURA G. HUTCHINSON G010038 KIZZY M. DANSER MICHAEL F. IANNUCCILLI G010044 SHAALIM H. DAVID CARMEN J. IGLESIAS JENNIFER L. DAVIS DELIA L. IHASZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MAUREEN A. DAVIS SUNG J. IN TO THE GRADE INDICATED IN THE UNITED STATES ARMY RODNEY R. DAVIS KENDRICK D. JACKSON UNDER TITLE 10, U.S.C., SECTION 624: THEODORE DAVIS, JR. JOHN F. JACQUES To be major MARTIN J. DEBOCK ADRIAN F. JASSO MICHAEL K. DEEMS MATTHEW R. JENKINS EDWARD V. ABRAHAMSON CRYSTAL L. DEFRANCISCO JIMMY L. JOHNSON TIMOTHY M. ADAMS ROBERT P. DEGAINE III MATTHEW D. JOHNSON THOMAS C. ADKINS DENA M. DELUCIA JAMES R. JOHNSTON MICHELLE I. AETONU CARMEN J. DEMATTEO AARON L. JONES ONDREA I. ALBERT KARLETON M. DEMPSEY CHAD M. JONES JORGE ALBIN, JR. BRIAN T. DENNING RICARDO D. JONES DAVID G. ALEXANDER TENNILLE J. DERICKSON TROY S. JONES KARL P. ALLEN CHRISTINE A. DESAINE PHILIP M. JORGENSEN ANDRA L. ALLISON JAY J. DESHAZO ANTHONY D. JOSEPH LITCHIA R. ALVAREZ CARLOS F. DIAZ ROBERT Z. KATZENBERGER TREG E. ANCELET CHRISTOPHER L. DIEDRICH MACK S. KELLEY RONALD J. ANDERT WILLIAM J. DORSEY ANGELO G. KELLUM MELISSA N. ANDREWS JAMES W. DOUGLAS, JR. BRENT D. KENNEDY BENSON S. ASIS BRYAN R. DUNCAN BENJAMIN L. KILGORE JAMES M. ASMAN CLAYTON J. DUNCAN TURMEL A. KINDRED GEORGE A. AUBERT IV STEVEN R. DUVALL, JR. CARL K. KLEINHOLZ MONA M. AUDERY DAVID A. DYKEMA JASON W. KLOPF CHARLES D. AUSMAN JOSEPH P. DZVONIK GEORGE P. KLOPPENBURG DANIEL J. AZZONE TASHAWN C. EHLERS PAMELA D. KOPPELMANN ADRIAN R. BAILEY JAMIE R. ELGIN MALOLOGA LAGAI MELONY L. BAKER DAVID E. ELLERMAN EBONY S. LAMBERT JOHN J. BALABANICK TERRY L. ENGLAND ERNEST J. LANE II ERIC J. BANKS SAMUEL J. ESKEW CHARLES E. LEE, JR. MICHELLE D. BARBEE ROBIN R. EVANS LATRINA D. LEE BEAU J. BARKER JAMES E. EVERETT III TYRONE D. LEE WILLARD E. BARRON CHARLES F. FAISON RANDY P. LEFEBVRE SCOTT A. BASSO DENIS J. FAJARDO STEPHEN R. LEONARD ISAAC L. BATES JANA K. FAJARDO CHRISTINA M. LEWIS JOSEPH BATISTE, JR. KENDRICK D. FANNIEL MICHELLE A. LEWIS ANDREW J. BAUMAN TAMMY A. FANNIEL MICHAEL A. LIND MARK E. BEERBOWER DAVID A. FELDNER ROSS B. LINDSEY PAUL N. BELMONT III GLADYS M. FERNAS JEFFREY P. LIVINGSTON DAMON F. BENNETT HUGHIE E. FEWELL MICHAEL T. LONG TANASHA N. BENNETT LOGAN J. FILECCIA FLOR Y. LOPEZ KEN R. BERNIER JAMES T. FISHER TIMOTHY W. LUEDECKE AUGUST A. BEYER IV CHANDLER G. FISK BRIAN I. LUST RODNEY G. BILBREW BRENNAN C. FITZGERALD KENSANDRA T. MACK SARAH BISCIAIOODEN MIGUEL A. FLORESRIVERA DANIEL S. MAINOR DAVID J. BLANCHARD FELICIA R. FLOYD RODNEY M. MALAUULU NIKKI M. BLYSTONE LATOSHA D. FLOYD THOMAS D. MALONE DAMIEN BOFFARDI PHOEBE E. FLYNN JUSTIN M. MARCHESI DANA M. BOGARD DUANE G. FOOTE CANDICE MARTIN TIMOTHY E. BOGARD DAVID K. FOSTER ELOY MARTINEZ JASON D. BOHANNON SCOTT J. FOUCHER LUIS A. MARTINEZ OLUSHOLA BOLARINWA MICHAEL A. FOWLES MARIE F. MATAVAO PERRY R. BOLDING ODERAY L. FOWLES JAMES B. MATTOX DESIREE N. BOLTON ROBERT A. FOX GEORGE B. MAY, JR. WENDY E. BOLTON RICHARD D. FRANK JEFFREY S. MAY BENJAMIN D. BORING MARK L. FRASER CORINNE F. MCCLELLAN CURTIS D. BOWE CHRISTA M. FRAZIER JAMES D. MCCONNELL MICHAEL D. BOYLES KWANG C. FRICKE SHAWN J. MCCRAY PATRICK A. BRASSIL DANNY R. FRIEDEN DARIN C. MCDOLE WILLIAM J. BRICKNER, JR. JERRY L. FRIMML CHANNING G. MCGEE WILLIAM L. BROOKS JULIE J. FULLEMGILBERT ROBERT P. MCGINTY WILLIAM D. BROSEY ARTYEMARIE S. FULLER JUSTIN M. MCGOVERN CHRISTOPHER A. BROWN MARK A. GESKEY HARLAN G. MCKINNEY DEVRIM J. BROWN TONYA K. GILLARD STUART I. MCMILLAN MATTHEW S. BUCK TODD A. GONRING SHAUN D. MCMURCHIE DOCIA L. BUCKNER SHAUN M. GORDON MICHAEL S. MCVAY KRISTY A. BUERGER FREDERICK H. GRANT DEMARCUS L. MCVEY RYAN C. BURCHAM JOHN E. GRAY, JR. KIMBERLY D. MCVEY KEVIN R. BURGESS DANILO A. GREEN RICHARD A. MCWANE ERIC M. BURKE EDWARD M. GUTIERREZ CHATA MEADOR JOHN O. BURNETT CHRISTOPHER P. HAAS LARYNILSA MEDINA THADDEUS L. BURNETT ANGELA L. HABINA JORGE MEDINARAMOS MICHAEL J. BURNS JEREMY R. HAHN ERIC MENDOZA SHAWN D. BURROUGHS DWAYNE R. HAIGLER DUSTIN A. MENHART STEPHEN M. BUSSELL CURTIS E. HALL DENNIS W. MEYER ANNIE L. BUTLER MAKEDA M. HALL ADAM M. MILLER DALMYRA P. CAESAR EDWARD A. HALSTEAD JAMES R. MILLER TEMARKUS M. CALDWELL AARON T. HAMILTON JASON S. MILLER ANTHONY S. CAMARATO, JR. JOSEPH O. HAMILTON JUSTIN L. MILLER DONALD L. CAMPBELL JERMAINE D. HAMPTON MATTHEW C. MILLER ANGEL S. CANDELARIO, JR. JASON E. HANSA STEPHANIE MILLS THEODORE G. CAPRA AAREN M. HANSON JOSEPH S. MINOR JEFFRY T. CARLSON ERIN L. HARKINS MELVIN T. MITCHELL JASON E. CARNEY DAVID O. HARLAN DERRICK D. MODEST RANDOLPH S. CARPENTER ERIC L. HARRIS CHAD L. MONIZ JENNIFER A. CARR ADRIENNE M. HARRISON CLARENCE L. MONTAGUE JOHN P. CEPEDA DORIAN C. HATCHER CHARLES L. MONTGOMERY VIDAL CHAVEZGONZALEZ ERIC F. HEIL TIMOTHY A. MORALES NICOLE M. CHILSON STEVEN T. HELM JEFFREY L. MORRELL SEANGTHIP CHITTAPHONG PATRICK M. HENRICHS JONATHAN R. MORRIS EDWARD CHO RUSSELL E. HENRY MERNA C. MORRIS YOUNGJIN CHOE BRYAN T. HERKEN VINSON B. MORRIS WILLIAM S. CHOMOS JEFFREY R. HERNANDEZ JOSEPH C. MORRISON TENN R. CHOWFEN LARRY W. HESLOP DONYA K. MOSLEY DAVID O. CHRIST ANDREW W. HESS JILL MOSS LUKE R. CLOVER CHRISTOPHER M. HETZ KERRY J. MOTES JEFFREY P. COBERLY ULYSSES S. HICKS II PHILLIP P. MURRELL JONATHON H. CODY GEORGE A. HILL SHAWN C. NEELY KATIA S. COLLETTE TRAVIS W. HILL ANGELQUE R. NELSON KIRK P. CONNOR LINWOOD R. HILTON KURSTEEN NELSON JOE CONTRERAS CURT A. HINTON MARCELLINO M. NEVILLE CHARLES W. CONWAY JEREMIAH S. HIRRAS DOUGLAS S. NEWELL CARL K. COOK ANGELA M. HISE PHILIP A. NICKLAS ROBERT D. COPE JOHN D. HNYDA LESLIE L. NOBLES JERIMIAH J. CORBIN GWENDOLYN D. HODGE AKANINYENE A. OKON PHILIP D. CORDARO JASON R. HOLLAND ROBERT R. OLIVER AARON M. CORNETT YEMSRACH B. HOLLEY SETH M. OLMSTEAD JAVIER A. CORTEZ CHRISTOPHER J. HOLMES ERIC E. ORJIH VIRGINIA A. CORTEZ JESSE B. HOLMES MANUEL L. ORTIZ MICHAEL A. COTTON ERIC J. HOLZHAUER MOISES ORTIZ THOMAS V. CRANE IV CEDRIC J. HOWARD NUNEZ A. ORTIZ JOSE A. CRESPO STEVEN E. HUBER JOHN A. OWENS RICHARD CRUZ BRADLEY W. HUDSON NICHOLAS G. PAAVOLA CHARLIE A. CUMMINGS, SR. MODEQUE R. HUNTER THERESA L. PAHANISH DAVID D. CYR CANDACE B. HURLEY ALBERTO J. PANTOJA

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — SENATE S2671

JAMES W. PAUL CURT H. SCHULTHEIS KEITHNER S. TUCKER STACY L. PENNINGTON TERENCE L. SEALS TAVARES A. TUKES JULIAN PEREZ HEATHER J. SHARPLESS KEITH A. TYLER MICHAEL O. PERRY CHRISTOPHER M. SHELDON FAAMAO UMALITANIELU CRISTAL L. PETERSON DANIEL J. SHILL BRANDON H. UNGETHEIM MATTHEW O. PETERSON BRIAN K. SHOEMAKER RUSSELL L. UNTALAN CHRISTOPHER D. PETREE KELVIN V. SIMMONS RIGOBERTO VALDEZPEREZ WILLIAM M. PHIFER MATTHEW E. SIMPSON HECTOR M. VAZQUEZ NICHOLAS P. PIEK BECKY SIU RONALD A. VELDHUIZEN, JR. BRIAN J. PIEKIELKO THEODORE A. SLOCUM NICHOLE L. VILD ANTONIOREY C. PINEDA BRIAN J. SLOTNICK MICHAEL F. VOLPE III GEORGE J. PLYS ARJEAN A. SMITH DWAYNE L. WADE STEPHEN A. POLACEK BRADLEY A. SMITH MATTHEW H. WADLER JASON H. POLK DAVID S. SMITH KNECHELLE S. WALKER JOSHUA D. PORTER DAVID W. SMITH, JR. ALEX C. WALLACE WILLIAM PRINCE, JR. DEBORAH A. SMITH JASON W. WALSH KEITH E. PRUETT MARY A. SMITH NICOLE M. WARD CARL E. PURGERSON MATT J. SMITH LAKESHA M. WARREN TATIANA QUINTANA PAUL W. SMITH GRETCHEN M. RADKE SAMUEL D. SMITH, SR. MICHAEL E. WARREN JONATHAN A. RALSTON SHATAMARA L. SMITH BRENDA R. WATSON MICHELLE R. RAMOS ANGELA L. SMOOT NATASHA M. WAYNE MICHAEL C. RAMSAY, JR. JASON O. SNELLINGS ROGER A. WAYNE JEFFERY E. RAMSEY GEORGE A. SOLE JAMES E. WEAVER ADAM T. RANDALL RIVERA A. SOTO JASON A. WEIGLE DARE A. RAPANOTTI HENRY L. SPENCE, JR. LYDIA Y. WELCH ANDERSON W. RAUB DALE R. SPISAK MARTIN E. WENNBLOM JUSTIN M. REDFERN PETER J. STAMBERSKY ROBERT V. WESTMAN, JR. ERIN M. REED JEREMIAH L. STARR GERALD L. WESTRY JAMES D. REESE BRIAN C. STEELE BRIAN T. WHEATLEY DONALD R. REEVES, JR. DARIN O. STEVENS SHERIDA Y. WHINDLETON HEATHER M. REILLY JASON S. STEWART ERICA L. WHITE TROY D. REITER JULIE M. STOCKELMAN ALTWAN L. WHITFIELD MICHAEL J. REL NATHAN A. STROHM ROBERT R. WHITTENBURG LUZHILDA P. RESTREPO JEFFREY J. STVAN JESSICA R. WILEY MICHAEL M. REVELS ADRIAN J. SULLIVAN TODD J. WILLERT ANTOINE J. RHODES ERIC D. SUTTON CONSTANZA WILLIAMS WILLIAM J. RICHARDSON SHAWN M. SVOBODA CURTIS WILLIAMS CHRISTINA L. RIVAS RYAN H. SWEDLOW DENNIS K. WILLIAMS II CARLOS E. RIVERA BRIAN C. TABAYOYONG DOVIA L. WILLIAMS OLGA P. RIVERA TYLER J. TAFELSKI ELAINE M. WILLIAMS COREY D. ROBINSON TODD A. TARNOFF KALEYA M. WILLIAMS JORGE W. RODRIGUEZ CONNIE L. TAYLOR NICOLE E. WILLIS OSCAR G. RODRIGUEZ JESSIE L. TAYLOR, JR. ANTHONY B. WILSON CHRISTOPHER P. ROGERS RANDY L. TESTER SEAN R. WILSON MARVIN G. ROJAS DANIEL R. THETFORD TODD A. WISE CLYDE C. ROOMS ARTHER E. THOMAS LAURA P. WOOD NADINE I. ROSS DEMETRICK L. THOMAS AARON T. WORKMAN NICHELLE A. RUFFIN KRALYN R. THOMAS, JR. LARRY WRIGHT TEAGUE J. RUFFO ANDREW G. THOMPSON LOUWANNA D. WRIGHT KRISTA M. RUSCHAK SCOTT D. THOMPSON ROBIN W. WRIGHT RAMON C. SALAS VAUGHN C. THOMPSON XARHYA WULF MICHAEL A. SAMSON EVAN R. TIMMENS CURTIS L. YANKIE JAMES E. SAMUEL SOON M. TOGIOLA KATINA S. YARBOUGH TIMOTHY J. SANDS KEVIN G. TOMLINSON SHAWN R. YOUNG MICHELLE P. SANTAYANA ROBERT L. TONEY JAMES E. ZICKEFOOSE SCOTT D. SAVOIE FRANK C. TORTELLA, JR. MEGHAN B. ZIGLAR PATRICK M. SCHANLEY DWIGHT F. TOWLER D003785 ERIC J. SCHILLING JOHN C. TRAEGER D003867 MICHAEL K. SCHULTE BILLY J. TUCKER D006165

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S26AP0.REC S26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E643 EXTENSIONS OF REMARKS

CATARION SANCHEZ From the creation of Israel 62 years ago the Middle East and even the Gulf states and its immediate recognition by the United against a growing threat in the region. HON. ED PERLMUTTER States, the ties between our two countries I have high hopes that the international OF COLORADO continue to be strong. A democracy like ours, community will do the same. Israel’s politics have been robust with many Once again, I congratulate, Prime Minister IN THE HOUSE OF REPRESENTATIVES participants and many parties represented. Netanyahu and the people of Israel our friend Monday, April, 26, 2010 Consistently throughout it history through wars and ally on this momentous occasion. Mr. PERLMUTTER. Madam Speaker, I rise and in times of relative peace, the Israeli peo- The U.S. was there ten minutes following today to recognize and applaud Catarion ple have made their democracy stronger and Israel’s founding and will be with her for many, Sanchez who has received the Arvada Wheat the relationship between the world’s largest many more years to come. Ridge Service Ambassadors for Youth award. Jewish community and the world’s largest di- f Catarion Sanchez is a 7th grader at Drake aspora community stronger. Middle School and received this award be- And any nation or group that chooses to SUPPORTING THE GOALS AND cause his determination and hard work have treat Israel as a suspect state and threatens IDEALS OF NATIONAL FINAN- allowed him to overcome adversities. Israel, particularly with violence, should know CIAL LITERACY MONTH, 2010 The dedication demonstrated by Catarion that its actions ultimately do damage to the SPEECH OF Sanchez is exemplary of the type of achieve- shared values that all democracies espouse. ment that can be attained with hard work and Following the failed Iranian elections in HON. JOE BACA perseverance. It is essential that students at June, the Iranian regime has had its legitimacy OF CALIFORNIA wounded and its paranoia increased. Iran now all levels strive to make the most of their edu- IN THE HOUSE OF REPRESENTATIVES cation and develop a work ethic which will takes a posture of increased repression at guide them for the rest of their lives. home and antagonism abroad. In that dan- Tuesday, April 20, 2010 I extend my deepest congratulations once gerous environment, Israel’s leaders have Mr. BACA. Mr. Speaker, I rise to support again to Catarion Sanchez for winning the Ar- every right to be concerned for their country’s House Resolution 1257, Supporting the goals vada Wheat Ridge Service Ambassadors for safety. and ideals of National Financial Literacy Youth award. I have no doubt he will exhibit While hope still exists for a free Iran, Eu- Month. the same dedication and character to all his rope, Israel and the United States must un- In these tough economic times, increasing future accomplishments. doubtedly prepare for a more dangerous Ira- financial literacy is one of the best ways we f nian regime in the near term. We must pre- can accomplish a complete recovery and take vent Iran’s increased pursuit of nuclear weap- significant steps to prevent another crisis. HONORING ISRAELI ons through hard-hitting sanctions, after all, I Every day, many Americans struggle with INDEPENDENCE DAY personally look forward to celebrating many their finances. These problems are especially more anniversaries with Israel. prevalent among young adults and minorities. SPEECH OF There seems to be a certain line of thinking In fact, the FDIC found in a recent study HON. MICHAEL E. McMAHON in the international community that Iran poses that approximately 60,000,000 people in the no threat. OF NEW YORK U.S. are underbanked. It is this very failure to prepare that puts These numbers are more disturbing when IN THE HOUSE OF REPRESENTATIVES Israel and the entire international community we look at the percentage of underbanked Wednesday, April 21, 2010 at risk. Now is the time to prepare. people among minorities: 43.3 percent of His- Mr. MCMAHON. Mr. Speaker, I would to like Mr. Speaker, I urge this Congress and the panic households and close to 54 percent of commend Israel on her 62nd Anniversary United States to make the Iranian regime pay Black households are either unbanked or since her founding. a higher cost for its nuclear weapons pursuit. underbanked. Likewise, it is the 62nd Anniversary of the If we needed any further reminder, the pro- We must do more to educate every Amer- U.S.-Israel bond, which remains strong and in- tests in the streets of Tehran have made clear ican on how to safely manage their wealth and dissoluble. that words mean very little to Ayatollah build a stable foundation for themselves and Israel is our fellow democracy, our tried and Khamenei. their family’s future. true ally. Supporting it is essential to the sta- The threat from Iran demands an effective In the fall, Mr. HINOJOSA, Mrs. MCCARTHY, bility ant future of the Middle East. In fact policy response and our Israeli friends must and I introduced an amendment that would Israel is the only true democracy in the Middle see clear action from their age-old ally that, create a new consumer education office within East. we are in this together. the proposed Consumer Financial Protection In just 62 years a people that suffered at the If the Iranian regime faced damaging eco- Agency. hands of Hitler and European anti-Semitism nomic pressure from a significant reduction in This office will operate programs and de- built a nation. From the ashes of 6,000,000 gasoline supplies, it may change course. velop initiatives to ensure that all financial in- who died in the Holocaust a people a nation And an ever present threat to Israel, and to stitutions are doing their part to come up with rose to make a desert bloom. In 62 years global security, may be alleviated. Nothing en- innovative ways to increase financial literacy Israel has made tremendous strides becoming dangers peace more than a refusal to face among their consumers. a world leader in technology, agriculture, water facts. Throughout my time in Congress I have resource management, healthcare, pharma- Even as we set deadlines that are never been a consistent supporter of improving fi- ceuticals and so many other areas. The first met with Iran might begin, let’s remember that nancial literacy efforts and I am committed to generation of Sabras from Europe quickly wel- they continue to enrich uranium and that a remaining one as long as I hold office. comed new immigrants who were forcibly deadline with real consequences must be con- I want to commend Mr. HINOJOSA on his evicted from Arab lands. Further waves of im- sidered along with engagement—otherwise hard work on this issue and for bringing this migrants came from the breakup of the Soviet engagement will be manipulated as a mere resolution to this floor. Union, from Ethiopia and most recently from tactic for delay. I urge my colleagues to vote in support of France. Israel has held steadfast to the prin- I am glad that this House chose to face Iran House Resolution 1257, Supporting the goals ciples of its founding fathers and been a wel- today through voting to instruct conferees on and ideals of National Financial Literacy come source for any Jew anywhere in the the Comprehensive Iran Sanctions, Account- Month, and I yield back the balance of my world seeking refuge. ability and Divestment Act and support Israel, time.

∑ 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 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K26AP8.001 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS E644 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 2010 SUPPORTING THE MISSION AND CHARLES COLLINS gress of peers who will remember him as a GOALS OF 2010 NATIONAL CRIME man of conviction and principle. VICTIMS’ RIGHTS WEEK HON. ED PERLMUTTER f OF COLORADO SPEECH OF IN THE HOUSE OF REPRESENTATIVES HONORING FLORENCE AND Monday, April 26, 2010 HAROLD PAYNE HON. LAURA RICHARDSON Mr. PERLMUTTER. Madam Speaker, I rise OF CALIFORNIA today to recognize and applaud Charles Col- HON. ELIOT L. ENGEL OF NEW YORK IN THE HOUSE OF REPRESENTATIVES lins who has received the Arvada Wheat Ridge Service Ambassadors for Youth award. IN THE HOUSE OF REPRESENTATIVES Tuesday, April 20, 2010 Charles Collins is a 12th grader at Standley Monday, April 26, 2010 Lake High School and received this award be- Ms. RICHARDSON. Mr. Speaker, I rise cause his determination and hard work have Mr. ENGEL. Madam Speaker, Harold and today in support of H. Res. 1104, which sup- allowed him to overcome adversities. Florence were both born in Charleston, South ports the mission and goals of 2010 National The dedication demonstrated by Charles Carolina where Florence attended the pres- Crime Victims’ Rights Week and promotes Collins is exemplary of the type of achieve- tigious Avery Institute and graduated from public awareness of the rights, needs, and ment that can be attained with hard work and Burke High School in that city. Florence concerns of victims and survivors of crime. perseverance. It is essential that students at moved to New York City where she attended This is an important measure that helps to en- all levels strive to make the most of their edu- Washington Business Institute. During his high sure that all victims are treated with dignity, cation and develop a work ethic which will school years at Burke High School in Charles- fairness, and respect, and that victims have guide them for the rest of their lives. ton, Harold Payne excelled in athletics, in par- access to the support and treatment that they I extend my deepest congratulations once ticular baseball and basketball. He was a star need and deserve. again to Charles Collins for winning the Ar- member of the Burke High School Senior Bas- vada Wheat Ridge Service Ambassadors for ketball team which won the South Carolina I thank Chairman CONYERS for his leader- Youth award. I have no doubt he will exhibit State Championship in 1949. Harold obtained ship in bringing this bill to the floor. I also a tryout with the Pittsburgh Pirates in 1953. thank the sponsor of this legislation, Con- the same dedication and character to all his future accomplishments. Harold later attended Bronx Community Col- gressman JIM COSTA, for his dedication to en- lege. f suring that our society is committed to the Mrs. Payne’s professional pursuits took her rights and compassionate treatment of crime IN HONOR OF CONGRESSMAN BOB to various organizations including the New victims. FRANKS York Telephone Company, Jujamcyn Thea- Mr. Speaker, over 25,000,000 individuals tres, Fine Arts Pillows Inc. as well as a private are victims of crime every year; more than SPEECH OF attorney, Donnaree Banton, Esq. In 1997, I 6,000,000 of them are victims of violent HON. SCOTT GARRETT asked Florence to work for me. She fulfilled crimes. In my district, nearly 7 out of every OF NEW JERSEY her dream of helping other on a daily basis. Harold served in the Army during the Ko- 1,000 residents of Long Beach, California suf- IN THE HOUSE OF REPRESENTATIVES fered a violent crime in 2008. Over the past 40 rean conflict in the 8th Army Honor Guard. He Wednesday, April 21, 2010 years, the United States has made significant was honorably discharged with the rank of progress in expanding rights, services, and Mr. GARRETT of New Jersey. Mr. Speaker, Staff Sergeant and in 1956 began a career support for crime victims. However, as this I rise today to honor the life and service of with the United States Postal Service while si- resolution appropriately acknowledges, there former Congressman Bob Franks. Bob heard multaneously working as a paraprofessional is still work to be done. the call to serve the State he loved, and did for 17 years with the NYC Board of Education. so faithfully, throughout his illustrious career. After 34 years with the Postal Service, Harold Crime victims in underserved and low-in- Congressman Robert Douglas Franks was retired and became Director of the Tilden come communities often do not have access born on September 21, 1951. It is true that Towers Senior Citizens Center. It is there that to the support and services needed to help until Bob was taken away from us, following a he fulfilled his dream of serving his commu- them move past their traumatic event and hard-fought battle with cancer, he still served nity. He retired from Tilden Towers Senior achieve normalcy in their lives. Access to the people of New Jersey as the President of Center in January of this year. services for crime victims should be available the Health Care Institute of New Jersey . . . Both Harold and Florence donate time to in every community across the country. Ob- a position he loved as much for the work he charitable and civic organizations, it being serving the rights of all victims is not only a was doing, as for the time he could spend with their belief that one must give back to the fundamental requirement of a just society, but his close-knit family. community in a meaningful way. This they did also serves the public interest by engaging Bob’s stellar career as a New Jersey Re- by actively participating in many endeavors in- victims in the justice system, inspiring respect publican began very early on when he orga- cluding: the Office of Black Ministry for the for public authorities, and promoting con- nized political movements such as the New Catholic Archdiocese of New York, the Parent fidence in public safety. Jersey Teenage Republicans. Bob was as Teacher Association of Public School 16, NIA: Additionally, every year, thousands of principled as he was outspoken and he soon A Minority Women’s Professional Network, crimes go unreported to law enforcement. became a force to be reckoned with in New The Incarcerated Mothers Program, the Food However, the victims of an unreported crime Jersey politics. Pantry at the Edenwald-Gun Hill Neighbor- are no less deserving or in need of profes- Bob is widely considered to be the primary hood Center and other worthwhile endeavors. sional support than those of reported crimes. catalyst behind the New Jersey Republican re- They are most proud of their 50 year com- We must ensure that victims off all crimes— surgence in the 1990s. However, he is equally mitment to one another in addition to their role reported or unreported—have equal access to as well-known for his willingness to be bipar- as parents and grandparents. The Paynes met services. Our communities, neighborhoods, tisan—especially in working with former polit- each other through Florence’s late sister Anna and homes are made stronger, safer, and ical rivals. Bob’s wisdom and grace far out- and her husband, Henry. On April 23, 1960, healthier by guaranteeing that all crime victims paced his age and it could not be more true the Paynes were married in St. Aloysius are treated with dignity, respect, and fairness. that this loss is felt deeply across party lines. Church in Harlem. They set up residence in His influence in New Jersey is well-known the Bronx and have lived there for their entire Mr. Speaker, victims of crime suffer trau- and stands as a testament to the best aspects married life. They are the loving parents of matic experiences that alter their lives and of elected office. An ardent supporter of vol- Lisa and Harold Jr. with a son-in-law, those of their family members. A just society untary term-limits, Bob practiced what he Terrance. They are also the proud grand- acknowledges that crime victims have unique preached and left Congress after 4 dedicated parents of granddaughter Yiesha Danielle and needs and provides the proper support serv- terms. His desire to serve our State was grandson Malcolm. ices. National Crime Victims’ Rights Week re- unfaltering. I ask everyone who believes in love to join minds us of this important obligation. Bob is not only survived by his adoring fam- me in celebrating Harold and Florence’s Gold- I urge my colleagues to join me in sup- ily, but by a State that remains thankful for his en Wedding anniversary and in wishing them porting H. Res. 1104. years of devoted service as well as a Con- every happiness.

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A26AP8.003 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E645 THE CONGRESSIONAL YOUTH AD- Abbot who has received the Arvada Wheat Madam Speaker southwest Colorado has VISORY COUNCIL: A LEGACY OF Ridge Service Ambassadors for Youth award. lost a great leader. I wish his family well in this SERVICE Chelsea Abbot is a student at Wayne Carle time of loss. Art Isgar will be missed but his Middle School and received this award be- legacy will live on through his amazing family HON. SAM JOHNSON cause her determination and hard work have and all the lives that he touched in his time in allowed her to overcome adversities. OF TEXAS southwest Colorado. The dedication demonstrated by Chelsea IN THE HOUSE OF REPRESENTATIVES f Abbot is exemplary of the type of achievement Monday, April 26, 2010 that can be attained with hard work and perse- IN HONOR OF THOMAS J. VANCE, SR. Mr. SAM JOHNSON of Texas. Madam verance. It is essential that students at all lev- Speaker, I ask my fellow colleagues to join me els strive to make the most of their education in congratulating the 2009–2010 Congres- and develop a work ethic which will guide HON. JOHN H. ADLER sional Youth Advisory Council. This year 45 them for the rest of their lives. OF NEW JERSEY students from public, private, and home I extend my deepest congratulations once IN THE HOUSE OF REPRESENTATIVES schools in grades 9 through 12 made their again to Chelsea Abbot for winning the Arvada Monday, April 26, 2010 voices heard and made a difference in their Wheat Ridge Service Ambassadors for Youth award. I have no doubt she will exhibit the Mr. ADLER of New Jersey. Madam Speak- communities, their country and their Congress. er, I rise today to take a moment to remember These students volunteered their time, effort, same dedication and character to all her future accomplishments. the legacy of TSgt Thomas J. Vance, Sr., who and talent to inform me about the important passed away last year following a courageous f issues facing their generation. As young lead- battle with cancer. Sergeant Vance honorably ers within their communities and their schools, TRIBUTE TO ART ISGAR served the people of our Nation and my home these students boldly represent the promise State of New Jersey in the United States for and the hope we all have for their very bright HON. JOHN T. SALAZAR a combined 51 years of service with the Air future. OF COLORADO Force. President Ronald Reagan said, ‘‘Freedom is IN THE HOUSE OF REPRESENTATIVES Born in Philadelphia, PA, Technical Ser- never more than one generation away from Monday, April 26, 2010 geant Vance attended Bartram High School. extinction. We didn’t pass it to our children in After he graduated he enlisted in the Army Air the bloodstream. It must be fought for, pro- Mr. SALAZAR. Madam Speaker, I rise today Corps in 1947. Sergeant Vance fought both in tected, and handed on for them to do the to pay tribute to Art Isgar, a respected leader the Korea and Vietnam Wars, and served at same, or one day we will spend our sunset in his community of southwest Colorado. Ar- nine different bases including McGuire Air years telling our children and our children’s thur Richard Isgar died in Durango on March Force Base, which is located in New Jersey’s children what it was once like in the United 17th, 2010. It was a privilege to know Art Isgar Third Congressional District. During his 20 States where men were free. and his wonderful family and I offer my condo- years of active duty in the service, he was To ensure that the blessing of freedom is lences to them at this time of loss. awarded the Air Force Longevity Service passed from one generation to the next, the Art Isgar was born in Oxford, Colorado, on Award, National Defense Service Medal, Good members of the CYAC spent time interviewing October 6th, 1915. One of seven boys, he Conduct Medal, Outstanding Unit Award, Ko- a veteran and documenting the experience for spent his childhood in rural La Plata County. rean Service Medal and the U.N. Service the ‘‘Preserving History Project.’’ Today I’m At times, he lived with members of the South- Medal. proud to submit the brief summaries provided ern Ute Tribe which was an experience that In 1978, Technical Sergeant Vance became so the patriotic service of our dedicated vet- left him with a deep appreciation of other cul- an original member of the Retiree Affairs Of- erans and the thoughtful work of the CYAC tures. As a child he also spent time in the min- fice at McGuire Air Force Base, where he be- may be preserved for antiquity in the CON- ing camps of the San Juan Mountains near came an expert on an array of military family GRESSIONAL RECORD. A copy of each sub- Silverton and Telluride. Supporting himself issues. During his 31 years of service in this mitted student summary follows. from the age of 13, Art Isgar learned to make role, he served countless hours assisting our To each member of the Congressional his way in the world by working on farms and military families. Youth Advisory Council, thank you for making delivering mail on horseback. Technical Sergeant Vance is survived by his this year and this group a success. It is not a In 1946 he got married to Ann Wise. They beloved wife of 57 years, Elsie, whom he met coincidence that this congressional tribute took the train from Durango to Silverton and while serving at Langley Air Base and his celebrates two generations of service. Each of returned home in time to milk the cows. Art three children, Thomas Jr., Sandra, and Rich- you is trusted with the precious gift of free- went on to become a defender of the Durango ard. dom. and Silverton Narrow Gauge Railroad in its In recognition of his life and service to our You are the voices of the future and I salute time of need. Nation, I ask that the House of Representa- you. God bless you and God bless America. With their hard work, the Isgars’ ranch grew tives and all Americans join me to honor the The summary follows: into one of the largest in La Plata County. Art legacy of TSgt Thomas J. Vance, Sr. was president of the La Plata County Cattle- The interview I have had with Tony f Cashiola was extremely beneficial for me. I men’s Association and helped lead the fight to am certain that I will pursue a military ca- create the Animas-La Plata Project. He was CELEBRATING THE LIFE OF DR. reer, and listening to Tony speak about his also instrumental in the effort to bring Fort DOROTHY IRENE HEIGHT experience in the Army has given me much Lewis College to its current site in Durango. insight on the military from a different per- Art Isgar was also deeply involved in politics SPEECH OF spective. He helped provide me with a path working with the Democratic Party to bring the HON. RUSH D. HOLT on which I could approach the military in a State convention to Durango in 1960, a con- way I had yet to think of. So, all-in-all, this OF NEW JERSEY interview was amazing. I got to know one of vention that presidential hopeful John F. Ken- IN THE HOUSE OF REPRESENTATIVES nedy attended. Art’s life was a life of service our country’s heroes, tell his story, and re- Wednesday, April 21, 2010 ceive valuable insight. I wish Tony the best; to his family and his community. he is a very honorable man.—Michael Ro- The legacy of Art Isgar continues in his Mr. HOLT. Madam Speaker, I rise today to berto amazing family. Art Isgar’s son, Jim Isgar, support the resolution commemorating and f continues the proud tradition of public service celebrating the life of Dorothy Height, a established by his father, serving as a State woman of petite stature but enormous pres- CHELSEA ABBOT Senator and now as the State Director for the ence, and the only woman included among United States Department of Agriculture Rural the ‘‘Big Six’’ most renowned civil rights lead- HON. ED PERLMUTTER Development. ers: the Reverend Dr. Martin Luther King, Jr., OF COLORADO At the end of the day, after all of his com- James Farmer, our own esteemed colleague IN THE HOUSE OF REPRESENTATIVES munity service, Art Isgar still had his feet on JOHN LEWIS, A. Philip Randolph, Roy Wilkins, the ground. He was always a farmer who Whitney Young, and Dorothy Height. Monday, April 26, 2010 found his greatest joy out irrigating his fields. Dorothy Height exemplified the spirit of de- Mr. PERLMUTTER. Madam Speaker, I rise Even at the age of 93 that is where he could mocracy like perhaps no one else.The daugh- today to recognize and applaud Chelsea be found. ter of a building contractor, James Edward

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.006 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS E646 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 2010 Height, and a nurse, Fannie Burroughs Height, Dorothy Height was a pillar of the civil rights CHELSEY JANTZ she rose to national prominence and leader- movement, and will be dearly missed by us ship from humble beginnings. She was pre- all. I am deeply saddened at her passing but HON. ED PERLMUTTER pared to lead the charge, even when it meant everlastingly uplifted by her life’s work. OF COLORADO being a lone figure; she was the only woman IN THE HOUSE OF REPRESENTATIVES on the speaker’s platform when Dr. Martin Lu- f Monday, April 26, 2010 ther King, Jr. gave his ‘‘I Have A Dream’’ speech. She combated the challenges facing A TRIBUTE TO THE LIFE OF Mr. PERLMUTTER. Madam Speaker, I rise African Americans from every angle; in 1936 ROBERT WESTON FOLLETT today to recognize and applaud Chelsey Jantz in New York, she participated in a protest who has received the Arvada Wheat Ridge against lynchings. She advocated an end to Service Ambassadors for Youth award. segregation in the military, fought for a fairer HON. JIM COSTA Chelsey Jantz is a 12th grader at Arvada High legal system, and worked to end racial restric- School and received this award because her OF CALIFORNIA tions on access to public transportation. Dur- determination and hard work have allowed her ing the 1950s, she worked on voter registra- IN THE HOUSE OF REPRESENTATIVES to overcome adversities. tion drives in the South. The dedication demonstrated by Chelsey But she also understood the economic Monday, April 26, 2010 Jantz is exemplary of the type of achievement underpinnings of the same challenges. Fol- Mr. COSTA. Madam Speaker, I rise today to that can be attained with hard work and perse- lowing her work to achieve major civil rights pay tribute to the life of Robert ‘‘Bob’’ Weston verance. It is essential students at all levels victories in the 1960s, Height shifted her focus Follett. On March 31, 2010, Robert Weston strive to make the most of their education and to supporting initiatives aimed at eliminating Follett, an accomplished pilot and active lead- develop a work ethic which will guide them for poverty among southern blacks, such as home er in the San Joaquin Valley community, the rest of their lives. ownership programs and child care centers. I extend my deepest congratulations once passed away suddenly at the young age of Among her more creative efforts, Ms. Height again to Chelsey Jantz for winning the Arvada 57. He leaves behind the loves of his life, is instituted a so-called pig bank, through which Wheat Ridge Service Ambassadors for Youth wife Naomi, daughter Lindsay and son Zack. poor black families were provided with a pig of award. I have no doubt she will exhibit the their own, a prize commodity in the early Bob Follett was a proud native of Lemoore, same dedication and character to all her future 1960s. Despite the violence and dangers of California. He was a 1970 graduate of accomplishments. the time, during Height’s years as a civil rights Lemoore High School where he was twice f activist, she never acquired a reputation as a elected class president and played football for radical or militant. She simply steadfastly the Lemoore Tigers. As fullback on the fresh- HONORING ISRAELI moved forward, seamlessly removing barriers man team, he had the distinction of scoring INDEPENDENCE DAY for all who followed. the first touchdown in Tiger Stadium when it SPEECH OF In a 2001 interview, Height expressed bitter- opened. Mr. Follett went on to receive his sweet feelings for the earlier years of her Bachelor’s Degree from California State Uni- HON. STENY H. HOYER work, noting that sit-ins and protest marches versity, Fresno and soon thereafter began his OF MARYLAND had been replaced by lobbying for legislation. aviation career with Wofford Aviation in Fresno IN THE HOUSE OF REPRESENTATIVES The power and momentum behind the strug- by fueling aircraft, becoming a charter pilot, Wednesday, April 21, 2010 gle for desegregation and voting rights had managing the company and later proudly be- been replaced by the comparative quietude of coming the owner of Wofford Aviation. Mr. HOYER. Mr. Speaker, for all but 11 min- pursuits for economic opportunity, educational utes of the State of Israel’s existence, it has As a charter pilot Bob had the privilege of equality, and an end to racial profiling. She found its foremost advocate and ally here: the flying former President Ronald Reagan, U.S. asked where the country would be if the ‘‘vigor United States of America. And what were Senator John McCain, and many other elected placed in fighting slavery and in the women’s those 11 minutes? That was the time it took officials and celebrities. Furthermore, he was movement had kept pace.’’ the news of Israel’s independence to travel Even without that, her accomplishments and renowned as an expert pilot with 37 years ex- around the world and reach the desk of Presi- awards fill pages. Height is perhaps best perience, who helped explain how air trage- dent Truman, the first to recognize a new known for her four decades of work with the dies occurred. Recently, Bob commented for member of the world community and a new National Council of Negro Women, the Wash- the national news about the potential dangers friend. ington, DC, headquarters of which stands just of flying in California’s Sierra Nevada Moun- Israel, President Truman said, ‘‘has a glo- steps from where slaves were once traded in tain Range. rious future before it—not just another sov- the shadow of the U.S. Capitol. She has Throughout the community, Bob was well- ereign nation, but as an embodiment of the served as advisor on civil rights matters to known as ‘‘Mr. Fixit’’ as a result of his keen great ideals of our civilization.’’ Sixty two years U.S. Presidents going back to Eisenhower, as ability to build anything with his own two later, as Israel marks its independence, those well as advising and traveling with programs hands. Larger than life, he was a take-charge words have been confirmed time and again. sponsored by the Council to the White House guy who loved to organize events. He could Our alliance with Israel, and the common in- Conference, UNESCO, the Institute on Human be found planting a community garden, at a terests we share, run deep. But even if those Relations of the American Jewish Committee, Cal Tailgate party, a Rotary lobster feed or common interests amounted to nothing, we USAID, and the United States Information with the Clovis High football team at their would still see in Israel a reflection of deepest Agency, among other organizations. Her un- team dinners. Bob Follett and his family were values and great ideals. paralleled contributions to the advancement of loyal members of the Cal football family during Sixty two years ago, Israel’s founders set women’s rights, civil rights, and human rights the time his son Zack played for the Cal their names to a declaration that embodied have earned her dozens of awards including Bears. those ideals—the declaration that ended two millennia of exile for the Jewish people. It the 1993 NAACP Springarn Medal, a Presi- As a loving father and supportive husband, dential Medal of Freedom Award, presented read, in part: ‘‘THE STATE OF ISRAEL . . . Bob and his cherished wife Naomi were al- by Bill Clinton in 1994, and a Congressional will be based on freedom, justice and peace ways seen at sporting events supporting and Gold Medal by President George W. Bush in as envisaged by the prophets of Israel; it will cheering on their children Lindsay and Zack. 2004. ensure complete equality of social and political He was a true pillar of support for their chil- In addition, during her lifetime of service, Dr. rights to all its inhabitants irrespective of reli- dren and a faithful mentor to their friends as Height has been presented with more than gion, race or sex; it will guarantee freedom of well. three dozen honorary degrees, including doc- religion, conscience, language, education and torates from institutions including Tuskegee, Bob’s loss leaves a void which can never be culture; it will safeguard the Holy Places of all Harvard and Princeton Universities. But the filled. Bob Follett will forever be remembered religions.’’ one that undoubtedly mattered the most was for his generosity and gregarious spirit that im- In those words, in the sprit that animates her receipt of the equivalent of a bachelor’s pacted the lives of all those whom he met. His them, and in the political life that strives each degree in 2004 from Barnard College, 75 enormous heart and lifelong commitment to day to live by them, we see our own spirit, our years after the College had turned her away his family and friends will forever be his leg- own struggle, our own founding promise. because it had already enrolled its quota of acy. I count myself fortunate to be one of And those common values are at the heart two African American females that year. Bob’s many friends. of Congress’s unshakeable, bipartisan unity on

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.009 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E647 Israel and its security. I speak for all of my service as a private and completed his tour teers. They are a great credit to our country, colleagues, Republicans and Democrats, of duty as a corporal. He fought the cam- and we should applaud them. when I say: the bond between our nations was paign in Vietnam and then was transferred to Cuba. I discovered through my interview f powerful long before we set foot in this cham- with him, the trials and rewards of military HONORING PETER HUTCHISON ber, and it will outlast all of us. In that spirit, service. While in the service, he endured Congress must continue to support strong for- UPON BEING NAMED THE 2010 hardships, witnessed the evils of war, over- NEW YORK STATE ASSISTANT eign aid for our ally. And we must continue to came obstacles, developed discipline, and yet insist that regimes that threaten Israel’s safety, he came away with the fulfillment that he PRINCIPAL OF THE YEAR and the world’s, recognize Israel’s right to gained a greater respect for himself and his exist—and act accordingly. country. HON. STEVE ISRAEL This project was beneficial to me in that I Few ideas in history have been more daring OF NEW YORK realized what it would be like to walk in a than the idea that the Jewish people could soldier’s shoes. Americans support our serv- IN THE HOUSE OF REPRESENTATIVES end generations of exile and build a thriving icemen, both here and abroad, but yet have Monday, April 26, 2010 state, called to the highest principles of justice. absolutely no clue of what it’s really like to Mr. ISRAEL. Madam Speaker, I rise today Few ideas have been more hopeful, or more be there. My in-depth conversation with my demanding. And few are more deserving of Uncle enlightened me on his journey. In con- to acknowledge a gentleman in my district, the world’s sustaining effort. cluding this interview, I realized that our Peter Hutchison. soldiers are true patriots who are sacrifi- Mr. Hutchison has been recognized as the f cially putting themselves in harm’s way to 2010 New York State Assistant Principal of THE CONGRESSIONAL YOUTH AD- forever protect our freedoms.—J’Lynn the Year by the School Administrators Asso- VISORY COUNCIL: A LEGACY OF Vacek. ciation of New York State. He was recognized SERVICE f for his outstanding work at Amityville Memorial High School. He has served as an educator HONORING THE 49TH ANNIVER- for over 31 years, including six as assistant SARY OF THE PEACE CORPS AND HON. SAM JOHNSON principal at Amityville Memorial High School. PEACE CORPS VOLUNTEERS OF TEXAS I congratulate him on this accomplishment IN THE HOUSE OF REPRESENTATIVES and applaud his contribution to high school Monday, April 26, 2010 HON. GERALD E. CONNOLLY education on Long Island. OF VIRGINIA f Mr. SAM JOHNSON of Texas. Madam IN THE HOUSE OF REPRESENTATIVES Speaker, I ask my fellow colleagues to join me Monday, April 26, 2010 CHRISTOPHER BREWER in congratulating the 2009–2010 Congres- sional Youth Advisory Council. This year 45 Mr. CONNOLLY of Virginia. Madam Speak- er, I rise today to recognize the efforts of our HON. ED PERLMUTTER students from public, private, and home OF COLORADO schools in grades 9 through 12 made their nation’s Peace Corps volunteers in honor of IN THE HOUSE OF REPRESENTATIVES voices heard and made a difference in their the 49th Anniversary of the Peace Corps. communities, their country and their Congress. Since the establishment of the Peace Corps Monday, April 26, 2010 These students volunteered their time, effort, by President Kennedy in 1961, nearly 200,000 Mr. PERLMUTTER. Madam Speaker, I rise and talent to inform me about the important Americans have served in 139 countries. For today to recognize and applaud Christopher issues facing their generation. As young lead- the past 49 years, Peace Corps volunteers Brewer who has received the Arvada Wheat ers within their communities and their schools, have demonstrated the nation’s commitment Ridge Service Ambassadors for Youth award. these students boldly represent the promise to encourage and expand development at the Christopher Brewer is a 10th grader at Ralston and the hope we all have for their very bright grass roots level. Valley High School and received this award future. Currently, 7,671 volunteers are providing ex- because his determination and hard work President Ronald Reagan said, ‘‘Freedom is pertise and development assistance to 76 have allowed him to overcome adversities. never more than one generation away from countries. Peace Corps volunteers have made The dedication demonstrated by Christopher extinction. We didn’t pass it to our children in significant contributions in agriculture, busi- Brewer is exemplary of the type of achieve- the bloodstream. It must be fought for, pro- ness development, information to technology, ment that can be attained with hard work and tected, and handed on for them to do the education, health, youth, and the environment. perseverance. It is essential students at all same, or one day we will spend our sunset In these various sectors and communities, vol- levels strive to make the most of their edu- years telling our children and our children’s unteers have been able to adapt and respond cation and develop a work ethic which will children what it was once like in the United to new challenges through their innovation, guide them for the rest of their lives. States where men were free.’’ creativity, and compassion. I extend my deepest congratulations once To ensure that the blessing of freedom is For example, Peace Corps volunteers have again to Christopher Brewer for winning the passed from one generation to the next, the provided hope and assistance to people af- Arvada Wheat Ridge Service Ambassadors for members of the CYAC spent time interviewing fected by HIV/AIDS. Volunteers have led the Youth award. I have no doubt he will exhibit a veteran and documenting the experience for way in making the Peace Corps at the fore- the same dedication and character to all his the ‘‘Preserving History Project.’’ Today I’m front of responding to the HIV/AIDS epidemic. future accomplishments. Through living in the community and learning proud to submit the brief summaries provided f so the patriotic service of our dedicated vet- the local language, they are able to share in- erans and the thoughtful work of the CYAC formation relating to HIV/AIDS in a culturally HONORING CHIEF PAUL PRICE OF CAMDEN FIRE DEPARTMENT may be preserved for antiquity in the CON- appropriate way. Once Peace Corps volunteers return from UPON HIS RETIREMENT GRESSIONAL RECORD. A copy of each sub- mitted student summary follows. abroad, they have become leaders in all sec- To each member of the Congressional tors of society. Through their training and ex- HON. ROBERT E. ANDREWS Youth Advisory Council, thank you for making perience abroad, volunteers are able to adapt OF NEW JERSEY this year and this group a success. It is not a to different cultural settings at the professional IN THE HOUSE OF REPRESENTATIVES level. I would like to commend our proud na- coincidence that this congressional tribute Monday, April 26, 2010 celebrates two generations of service. Each of tion’s Peace Corps volunteers for their service, you is trusted with the precious gift of free- particularly those men and women of the Elev- Mr. ANDREWS. Madam Speaker, I rise dom. enth Congressional District of Virginia. I con- today to honor Chief Paul Price upon his re- You are the voices of the future and I salute sider it a great honor to represent these noble tirement and to recognize his outstanding con- you. God bless you and God bless America. men and women, who travel great distances tributions to Camden County and the state of and make great sacrifices to help reaffirm our New Jersey. In the Veteran’s Interview Project, I have gained insight and knowledge on the topic of country’s commitment to helping people help Chief Price is known for his integrity and America’s veterans. My uncle, George Vacek, themselves throughout the world. selfless nature. He has worked diligently to was drafted into the service and joined the Madam Speaker, I ask my colleagues and gain five million dollars in grant money for fire Marine Corps. He was assigned to the artil- their staff to join me in recognizing the fighters in Camden for safety and prepared- lery unit as a radio operator. He entered the achievement of and the Peace Corps volun- ness. Chief Price goes significantly above and

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.011 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS E648 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 2010 beyond the call of duty to give resources to to the State Department’s Office to Monitor CODY HORNSBY-KLINGE those in need, working long nights and week- and Combat Trafficking in Persons, TIP, ex- ends so that the fire department has every- pressing ‘‘concern over continuing reports of HON. ED PERLMUTTER thing it needs. Chief Price’s commitment to abductions, forced marriages, and exploitation OF COLORADO Camden County is also evidenced through his of Coptic women and girls in Egypt.’’ We IN THE HOUSE OF REPRESENTATIVES civic service affiliations. He has been active in urged the TIP Office to investigate whether Monday, April 26, 2010 the Camden County Fireman’s Association, these cases should be included in the upcom- Mr. PERLMUTTER. Madam Speaker, I rise New Jersey Deputy Chief Association, Port ing Trafficking in Persons Report. Security Committee, Camden Cooperate today to recognize and applaud Cody The U.S. has given Egypt billions of dollars Hornsby-Klinge who has received the Arvada Watch, and he was Emergency manager for in foreign aid since the Camp David Accords, the City of Camden. Despite all his work, his Wheat Ridge Service Ambassadors for Youth and yet they persist in trampling the rights of peers point out that he has never sought the award. Cody Hornsby-Klinge is a 12th grader minorities and brutally suppressing political spotlight and that he has always kept the best at Ralston Valley High School and received and human rights. In fact, by most accounts interests of the Camden Fire Department and this award because his determination and there has been backsliding in all of these its firefighters in mind. hard work have allowed him to overcome ad- areas. Beyond his civic duties, Chief Price has versities. The dedication demonstrated by Cody been recognized by the Camden community With still no Ambassador for International Hornsby-Klinge is exemplary of the type of as always being ready to offer a helping hand Religious Freedom, when was the last time achievement that can be attained with hard in times of need. He is the driving force and that this administration advocated for the Cop- work and perseverance. It is essential stu- backbone of the Camden Angels Program, tic Christians? dents at all levels strive to make the most of working tirelessly every Christmas to ensure CONGRESS OF THE UNITED STATES, their education and develop a work ethic 3,500 children receive Christmas presents. Washington, DC, April 16, 2010. which will guide them for the rest of their lives. Chief Price also donates his time to spring Hon. LUIS CDEBACA, I extend my deepest congratulations once festivals, special needs carnivals and activi- Ambassador-at-Large, U.S. Department of State, again to Cody Hornsby-Klinge for winning the ties, and through outreach to the hungry and Washington, DC. Arvada Wheat Ridge Service Ambassadors for homeless. He also has given endless support DEAR AMBASSADOR CDEBACA: We write Youth award. I have no doubt he will exhibit to the Fugitive Safe Surrender Program in today to express our concern over continuing the same dedication and character to all his Camden City. reports of abductions, forced marriages, and exploitation of Coptic women and girls in future accomplishments. Madam Speaker, Chief Paul Price’s work Egypt. Some of these reports document a f and dedication are truly praiseworthy. I wish criminal phenomenon that includes fraud, Chief Price the best of luck upon retirement physical and sexual violence, captivity, COMMENDING UNIVERSITY OF and I thank him for his commitment to his forced marriage, and exploitation in forced CONNECTICUT HUSKIES ON WOM- community. domestic servitude or commercial sexual ex- EN’S NCAA BASKETBALL CHAM- f ploitation, and financial benefit to the indi- PIONSHIP viduals who secure the forced conversion of IN HONOR OF THE BEACHWOOD the victim. As you know, these are some of SPEECH OF BOY SCOUTS, GIRL SCOUTS, the hallmarks of human trafficking. LEADERS AND PARENTS Numerous reports, including in Egypt’s Al- HON. LAURA RICHARDSON OF CALIFORNIA Ahram Weekly and a November 2009 report issued by the Coptic Foundation for Human IN THE HOUSE OF REPRESENTATIVES HON. JOHN H. ADLER Rights and Christian Solidarity Inter- Wednesday, April 21, 2010 OF NEW JERSEY national (CSI), point to the grim reality of Ms. RICHARDSON. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES forced marriage faced by vulnerable Coptic today in support of H. Res. 1239, which recog- Monday, April 26, 2010 women and girls in Egypt. In the 25 cases documented by the Coptic Foundation for nizes the tremendous accomplishments of the Mr. ADLER of New Jersey. Madam Speak- Human Rights and CSI, it is clear that vio- University of Connecticut women’s basketball er, I would like to congratulate the Boy Scouts, lence, fraud, and/or coercion are used to team. The University of Connecticut Huskies Girl Scouts, Leaders and Parents of force vulnerable Egyptian women and girls women’s basketball team has emerged as one Beachwood for receiving the 2010 Beachwood into marriages for the purpose of forced con- of the most outstanding teams in the history of Citizen of the Year Award. version, and these forced marriages are college sports. On April 6, 2010, the Huskies sometimes accompanied by sexual exploi- defeated the Stanford Cardinal in the National Through their excellence in giving back to tation or domestic servitude. In some cases the Beachwood community and committing to the families involved in the abductions and Collegiate Athletic Association, NCAA, Division their personal development and aspirations, forced conversions receive mysterious finan- I women’s basketball national championship in the Beachwood Girl and Boy Scouts have dis- cial benefits. Further, it appears, according San Antonio, Texas. played dedication to the highest standards and to their lawyers, that the situations facing This victory gave the Huskies their seventh best traditions of American citizenship. I am the women highlighted in the report are not national championship, second only to the confident that they will continue to accomplish isolated cases. University of Tennessee Lady Volunteers’ great things in the future and prove to be suc- In the Trafficking Victims Protection Re- eight championships. This season the Huskies cessful and productive members of society. authorization Act (2008), Congress tasked the went undefeated, ending the season on a I am proud to have such hardworking con- Trafficking in Persons (TIP) office with re- record 78 game winning streak, a streak that stituents and I thank them for their dedication porting on ‘‘emerging [and] shifting global has lasted since the beginning of the 2008– and tremendous service throughout the years. patterns in human trafficking.’’ We respect- 2009 season. As a former college basketball fully request that the office follow up on the player, I understand the hard work, intense Madam Speaker, I hope you will join me in reports coming out of Egypt, investigate congratulating these exceptional Scouts, their whether the cases of abduction, forced mar- focus, and tireless dedication required to leaders, and their parents for all the contribu- riage, exploitation and other financial ben- achieve a single season as successful as the tions as they are honored as ‘‘Citizens of the efit to the individuals who secure a forced Huskies’ was this year. So, the kind of re- Year.’’ conversion should be included in the forth- peated success that the University of Con- coming 2010 TIP Annual Report, and inform f necticut women have seen over the years is us about your determination on the matter. truly impressive. WHO SPEAKS FOR THE COPTIC Thank you for your consideration. The Huskies’ coach, Geno Auriemma, is the CHRISTIANS? Sincerely, president of the Women’s Basketball Coaches Frank Wolf, Ileana Ros-Lehtinen, Chris Association and holds the highest winning per- HON. FRANK R. WOLF Smith, Carolyn Maloney, Michele centage among active coaches. Coach Bachmann, Bob Inglis, Aaron Schock, Auriemma is also a coach of the 2012 United OF VIRGINIA Eleanor Holmes Norton, Doug IN THE HOUSE OF REPRESENTATIVES Lamborn, Marsha Blackburn, Anna States Olympic Team. In addition to these successes, Coach Auriemma should be most Monday, April 26, 2010 Eshoo, Dan Burton, Donald Payne, Albio Sires, Joe Wilson, Ted Poe, Trent appreciated for the role model that he is to his Mr. WOLF. Madam Speaker, I submit for Franks, Anh ‘‘Joseph’’ Cao, players and the positive impact he has on the RECORD a bipartisan letter which was sent Members of Congress. their lives.

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.015 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E649 The Huskies basketball team is comprised DeKuehn enlisted in the Navy at the end of HONORING DOLORES BROOKS ON of some of the most talented athletes in the World War II through his entrance into the HER RETIREMENT AS CHARTER Nation. Junior forward Maya Moore and senior United States Naval Academy School of MEMBER OF THE BOARD OF Music. He was barely 17 when his parents TRUSTEES OF THE OZARKS center Tina Charles were both selected as first signed the enlistment papers and he team All-Americans and as members of the auditioned four separate times on sax for en- TECHNICAL COMMUNITY COL- Final Four All-Tournament Team. Maya Moore trance into the school. He gained admittance LEGE was also chosen as the State Farm Wade to the school, and as the war was in full Trophy Player of the Year and the Women’s swing, he was immediately put through basic HON. ROY BLUNT Final Four Most Valuable Player. Tina Charles training in preparation for deployment. He OF MISSOURI was selected as the winner of the Naismith was eventually deployed to the battleship IN THE HOUSE OF REPRESENTATIVES Award, the Wooden Award, the United States Arkansas BB–33 in January 1945 and re- mained with the ship until its decommis- Monday, April 26, 2010 Basketball Writers Association Player of the sioning a year later. Mr. DeKuehn was later Mr. BLUNT. Madam Speaker, I rise today to Year Award, and the Associated Press Player asked back to service as a bandleader for the of the Year Award. honor Dolores Brooks, who is retiring after Admiral Galley Goodwill Tour of Europe. As twenty years of service to her community in I salute the hard work and dedication of the bandleader, he had the privilege of University of Connecticut Huskies players and handpicking his players and auditioning Springfield, Missouri as a charter member of coaches. I commend their exceptional record, them. The band performed in 27 countries in the Board of Trustees of the Ozarks Technical athleticism, and consistent display of sports- an 8 piece combo. Mr. DeKuehn thoroughly Community College. manship. enjoyed his Navy experience due to his Offi- First elected in April 1990, Brooks helped I urge my colleagues to join me in sup- cer status and the nature of his employment: shape the growth and direction of Ozarks porting H. Res. 1239. he was paid to play his instrument (some- Technical Community College, a school that thing he has done since he was four years of serves students from 13 public school districts f age), and minimally operate a machine gun in Southwest Missouri and beyond. The THE CONGRESSIONAL YOUTH AD- on the stern of his ship. The terms of his em- growth of the school has been extraordinary, VISORY COUNCIL: A LEGACY OF ployment don’t sound half bad. He even says that he has nothing against the Navy and with this year’s enrollment topping more than SERVICE had fun in both of his tours of duty.—Jona- 12,000 students. OTC, as it is known to stu- than Unger. dents and local residents, has expanded its HON. SAM JOHNSON operation to a second campus in Ozark, Mis- OF TEXAS f souri, with an eye to increasing accessibility to IN THE HOUSE OF REPRESENTATIVES its growing student body. Monday, April 26, 2010 PERSONAL EXPLANATION Mrs. Brooks holds degrees from Purdue University, University of Missouri, and South- Mr. SAM JOHNSON of Texas. Madam west Missouri State University, and has Speaker, I ask my fellow colleagues to join me HON. MIKE PENCE served as a public school teacher, counselor, in congratulating the 2009–2010 Congres- OF INDIANA principal, and adjunct university faculty mem- sional Youth Advisory Council. This year 45 ber. She has also served on numerous profes- students from public, private, and home IN THE HOUSE OF REPRESENTATIVES sional and civic organizations in leadership ca- schools in grades 9 through 12 made their Monday, April 26, 2010 pacities, including the Missouri Guidance As- voices heard and made a difference in their sociation, Southwest Missouri Association of communities, their country and their Congress. Mr. PENCE. Madam Speaker, I was absent Secondary School Principals, Springfield Edu- These students volunteered their time, effort, from the House floor during rollcall votes 206– cation Association, Missouri State Teachers and talent to inform me about the important 211. Had I been present, I would have voted Association, and the Dogwood Trails Girl issues facing their generation. As young lead- ‘‘yea’’ on rollcall Nos. 206, 208, and 210; I Scouts Council. Prior to her selection to the ers within their communities and their schools, would have voted ‘‘nay’’ on rollcall Nos. 207, OTC Board of Trustees, she was a member of these students boldly represent the promise 209, and 211. the OTC Steering Committee. She led OTC as and the hope we all have for their very bright its Trustee President 1990–1992 and 2002– future. f 2003. President Ronald Reagan said, ‘‘Freedom is From its modest beginnings in central never more than one generation away from COLLEEN BOYD Springfield at the old vocational-technical extinction. We didn’t pass it to our children in school, OTC has blossomed into a modern the bloodstream. It must be fought for, pro- campus offering students state-of-the-art tected, and handed on for them to do the HON. ED PERLMUTTER classes with opportunities for advancement in same, or one day we will spend our sunset OF COLORADO a wide range of vocations, professions, and years telling our children and our children’s subject matter. I am proud of the hard work IN THE HOUSE OF REPRESENTATIVES children what it was once like in the United Mrs. Brooks and the College have done to States where men were free.’’ Monday, April 26, 2010 provide quality education for students in Mis- To ensure that the blessing of freedom is souri. passed from one generation to the next, the Mr. PERLMUTTER. Madam Speaker, I rise To Mrs. Brooks, I wish to extend a heartfelt members of the CYAC spent time interviewing today to recognize and applaud Colleen Boyd ‘‘thank you and well done’’ for her tireless a veteran and documenting the experience for who has received the Arvada Wheat Ridge work over the last two decades. Her efforts the ‘‘Preserving History Project.’’ Today I’m Service Ambassadors for Youth award. Col- have made the Springfield area a better place proud to submit the brief summaries provided leen Boyd is an 8th grader at Drake Middle to live. The Ozarks Technical Community Col- so the patriotic service of our dedicated vet- School and received this award because her lege is a beacon of educational excellence for erans and the thoughtful work of the CYAC determination and hard work have allowed her the entire region. may be preserved for antiquity in the CON- to overcome adversities. f GRESSIONAL RECORD. A copy of each sub- The dedication demonstrated by Colleen THE CONGRESSIONAL YOUTH AD- mitted student summary follows. Boyd is exemplary of the type of achievement To each member of the Congressional VISORY COUNCIL: A LEGACY OF that can be attained with hard work and perse- Youth Advisory Council, thank you for making SERVICE verance. It is essential students at all levels this year and this group a success. It is not a strive to make the most of their education and coincidence that this congressional tribute develop a work ethic which will guide them for HON. SAM JOHNSON celebrates two generations of service. Each of the rest of their lives. OF TEXAS you is trusted with the precious gift of free- IN THE HOUSE OF REPRESENTATIVES dom. I extend my deepest congratulations once Monday, April 26, 2010 You are the voices of the future and I salute again to Colleen Boyd for winning the Arvada you. God bless you and God bless America. Wheat Ridge Service Ambassadors for Youth Mr. SAM JOHNSON of Texas. Madam The summary follows: award. I have no doubt she will exhibit the Speaker, I ask my fellow colleagues to join me I interviewed Mr. Kurt DeKuehn, Petty Of- same dedication and character to all her future in congratulating the 2009–2010 Congres- ficer 1st Class, Musician, USN Ret. Mr. accomplishments. sional Youth Advisory Council. This year 45

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.018 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS E650 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 2010 students from public, private, and home the participants for their achievements and the CONNOR RANDALL schools in grades 9 through 12 made their staff, mentors, and Westfield, NJ Area YMCA voices heard and made a difference in their Black Achievers Committee for their continuing HON. ED PERLMUTTER communities, their country and their Congress. commitment as role models in our community. OF COLORADO These students volunteered their time, effort, The Black Achievers Program began in the IN THE HOUSE OF REPRESENTATIVES 1960s at the Harlem YMCA with the mission and talent to inform me about the important Monday, April 26, 2010 issues facing their generation. As young lead- of helping youth set and achieve educational ers within their communities and their schools, and life-long goals. The program expanded Mr. PERLMUTTER. Madam Speaker, I rise these students boldly represent the promise nationally, and in 1998, the Westfield, NJ Area today to recognize and applaud Conner Ran- and the hope we all have for their very bright YMCA adopted it. The Program’s goal is to dall who has received the Arvada Wheat future. prepare youth participants in grades five Ridge Service Ambassadors for Youth award. President Ronald Reagan said, ‘‘Freedom is through twelve to become Black Achievers in Conner Randall is a 12th grader at Ralston never more than one generation away from their future careers by building their character Valley High School and received this award extinction. We didn’t pass it to our children in and skills, while providing positive mentoring because his determination and hard work the bloodstream. It must be fought for, pro- relationships with caring Adult Achievers. have allowed him to overcome adversities. tected, and handed on for them to do the The thirty-seven students who are partici- The dedication demonstrated by Connor same, or one day we will spend our sunset pants in the 2009–2010 school year are: Randall is exemplary of the type of achieve- years telling our children and our children’s Zayna Allen, Jamirah Barden, Steven Barden, ment that can be attained with hard work and children what it was once like in the United Bria Barnes, Victoria Carden, Imani Coston, perseverance. It is essential students at all States where men were free.’’ Ashley Edwards, Phylicia Flagg, Joshua Fore- levels strive to make the most of their edu- To ensure that the blessing of freedom is hand, Alexis Givens, Adam Harley, Aneyjah cation and develop a work ethic which will passed from one generation to the next, the Harris, Jon’ae Jackson, Todd Jamison, Jr., guide them for the rest of their lives. members of the CYAC spent time interviewing Cesar Lopez, Jazsmine Mayer, Jonathan I extend my deepest congratulations once a veteran and documenting the experience for Mayer, Maya McLeod, Cameron Mitchell, again to Connor Randall for winning the Ar- the ‘‘Preserving History Project.’’ Today I’m Chelci Mitchell, Aunyee McCummings, Kevin vada Wheat Ridge Service Ambassadors for proud to submit the brief summaries provided Monroe, Jr., Imani Mutyanda, Munashee Youth award. I have no doubt he will exhibit so the patriotic service of our dedicated vet- Mutyanda, Jason Nutt, Fredrick A. Parsons, the same dedication and character to all his erans and the thoughtful work of the CYAC Jameka Parsons, Ne’andrea Paulevra, Sean future accomplishments. may be preserved for antiquity in the CON- Paulevra, Tamar Richardson, Dwayne Scott, f GRESSIONAL RECORD. A copy of each sub- Jr., Jeffery Scott, Ashley Simmons, Isaiah HONORING WATKINS COLLEGE OF mitted student summary follows. Smith, Kwame Thompson Haynes, Diana Wil- ART DESIGN AND FILM ON 125TH To each member of the Congressional liams and Brianna Whitehead. ANNIVERSARY Youth Advisory Council, thank you for making These thirty-seven individuals embody the this year and this group a success. It is not a program’s core values. They have acquired HON. MARSHA BLACKBURN coincidence that this congressional tribute the leadership skills and self-awareness need- OF TENNESSEE celebrates two generations of service. Each of ed to attain success in any endeavor they IN THE HOUSE OF REPRESENTATIVES you is trusted with the precious gift of free- choose to pursue. dom. Every year, the Connell Company, based in Monday, April 26, 2010 You are the voices of the future and I salute Berkeley Heights, NJ, generously sponsors Mrs. BLACKBURN. Madam Speaker, I ask you. God bless you and God bless America. the scholarship program and provides other my colleagues to join me in congratulating The summary follows: vital support to the Program. Their generosity Watkins College of Art, Design and Film as My grandfather, Colonel Lee Powell, has supported the Program since its inception they celebrate their 125th anniversary. served in the Air Force for a total of thirty in 1998. What began as a vision to offer art edu- years, garnering experience at many dif- The staff members dedicated to the pro- cation to the Mid-South community, came into ferent bases throughout the United States gram and its students are: Senior Director of being 125 years ago, emerging today as Wat- and abroad, including England and Vietnam. Childcare, Camp and Teen Services Susan kins College of Art, Design and Film. Name- His main area of interest and expertise in Morton, Coordinator Tarajee W. Russell, As- the Air Force was contract administration, sake of entrepreneur and philanthropist Sam- although he completed other assignments as sistant Coordinator Tania Mayer, Tutor uel Watkins, Watkins College opened its doors well, such as Armed Forces Courier Officer Romina Cahiwat, and Alumni Volunteer Jas- in 1885 as Nashville Art Association and and Missile Launch Officer. His engineering mine C. Farmer. These individuals, as well as began to offer instruction in visual arts. Always background assisted him throughout his ca- the volunteers on the Black Achievers Com- one step ahead of the cultural needs of the reer. He also enjoyed traveling, an interest mittee of the Westfield, NJ Area YMCA Board 20th century, the school assisted immigrants that the Air Force helped facilitate, as he have worked tirelessly to ensure the success in becoming active members of society, gave traveled extensively throughout Europe and of the program. The Westfield YMCA’s Chief women opportunities to enter the workplace Africa, and also visited other places such as Executive Officer Mark Elsasser, Chief Oper- Australia and Thailand. He worked his way with confidence and skill, and offered returning up through the ranks, starting through the ating Officer Paula Ehoff, Communications/De- servicemen completion of their high school de- ROTC program at his university, and then fi- velopment Director Bonnie Cohen, YMCA grees. nally achieving the rank of Colonel. When Board chairman Stephen Murphy and the rest With approval from the Tennessee Higher asked what impact his military service had of the staff are deeply committed to the suc- Education Commission in 1977, Watkins be- on his views of war and conflict, Colonel cess of the Program. Lastly, the Black Achiev- came a full college offering associate degrees Powell responded that his Vietnam and other ers Committee Chairman Carlton Blake and in fine art and interior design. Adding the Wat- experiences have led him to believe that the the entire Black Achievers Committee should kins Film School in 1997, and Bachelor of United States should not again involve itself be acknowledged for the tremendous effort in the civil wars of other countries.—Mitch- Fine Arts degrees in photography, graphic de- ell Powell and dedication they put forth to keep the Black sign and fine art in 2007, Watkins College of Achievers Program running. Art, Design and Film continues to lead the f Madam Speaker, please join me in honoring way in artistic movements and education. HONORING THE WESTFIELD, NJ the Westfield, NJ Area YMCA Black Achievers Watkins College offers hands-on curriculum, AREA YMCA BLACK ACHIEVERS’ Program for encouraging students to develop academic roots, and award-winning faculty. PROGRAM their fullest potential in spirit, mind, and body. Alumni of Watkins College of Art, Design and I urge them to continue to raise the academic Film go onto successful careers in their fields. HON. ROBERT E. ANDREWS standards of our young people and inspire Alumni hold LEED certifications, are small OF NEW JERSEY them to reach all of their goals. I congratulate business owners, designers of sacred spaces, IN THE HOUSE OF REPRESENTATIVES the Westfield, NJ Area YMCA, the Black makers of film, leaders in their communities, Achievers’ Program Committee, the Program and protectors of art. I am proud of my asso- Monday, April 26, 2010 and its staff and participants on their accom- ciation with Watkins College and look forward Mr. ANDREWS. Madam Speaker, I rise plishments and I thank them for their commit- to the many successes of the next 125 years. today to commend the Westfield, NJ Area ment to their community and I thank them for I congratulate Watkins College on their rich YMCA Black Achievers Program. I applaud their commitment to their community. and impactful history and ask my colleges to

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.022 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E651 join me in honoring Watkins College of Art, so the patriotic service of our dedicated vet- OBAMA BACKS DOWN ON SUDAN Design and Film on their 125th anniversary. erans and the thoughtful work of the CYAC f may be preserved for antiquity in the CON- HON. FRANK R. WOLF GRESSIONAL RECORD. A copy of each sub- OF VIRGINIA HONORING ALEX HORNADAY, PAR- mitted student summary follows. TICIPANT IN THE 2010 PEOPLE IN THE HOUSE OF REPRESENTATIVES TO PEOPLE LEADERSHIP FORUM To each member of the Congressional Monday, April 26, 2010 Youth Advisory Council, thank you for making this year and this group a success. It is not a Mr. WOLF. Madam Speaker, I submit for HON. GERALD E. CONNOLLY coincidence that this congressional tribute the RECORD an op-ed today by respected New OF VIRGINIA celebrates two generations of service. Each of York Times columnist Nicholas Kristof regard- IN THE HOUSE OF REPRESENTATIVES you is trusted with the precious gift of free- ing the Obama administration’s abysmal Monday, April 26, 2010 dom. record on Sudan. He paints a bleak picture about the potentially dire implications of the You are the voices of the future and I salute Mr. CONNELLY of Virginia. Madam Speak- administration’s failure to confront Khartoum. I you. God bless you and God bless America. er, I rise to recognize Alex Hornaday, a partici- echo Kristof’s warning that ‘‘if President pant in the 2010 People to People Leadership The summary follows: Obama is ever going to find his voice on Forum in Washington, DC. A select group of I interviewed Robert Nelson McClelland, Sudan, it had better be soon.’’ students were chosen to attend the forum M.D. a veteran of the United States Air [From the New York Times, April 22, 2010] based on their academic excellence, commu- Force. He entered the armed forces as a First OBAMA BACKS DOWN ON SUDAN nity involvement and leadership potential. Lieutenant and was discharged with honor as People to People International was founded a Captain. Dr. McClelland not only served as (By Nicholas D. Kristof) by President Eisenhower in 1956. Today, it is a physician in the United States Air Force, JUBA, SUDAN.—Until he reached the White a leader in educational travel programs, in- stationed in Germany for two years, but he House, Barack Obama repeatedly insisted that the United States apply more pressure cluding the World Leadership Forum. Students also contributed a tremendous amount of time and effort into career as a doctor at on Sudan so as to avoid a humanitarian ca- will participate in daily educational activities Parkland Memorial Hospital. In fact, he was tastrophe in Darfur and elsewhere. Yet, as around Washington, DC., which all will focus on a team of doctors who operated on Presi- president, Mr. Obama and his aides have on leadership. After successful participation in dent John F. Kennedy when he was assas- caved, leaving Sudan gloating at American the program, students will earn a Certificate of sinated at Dealy Plaza in Dallas, Texas and weakness. Western monitors, Sudanese jour- Completion. was taken to Parkland Memorial Hospital nalists and local civil society groups have all Alex Hornaday, of Springfield, Va., exempli- immediately. Dr. McClelland was, at the found this month’s Sudanese elections to be fies the People to People’s commitment to time, showing a group of students and resi- deeply flawed—yet Mr. Obama’s special academic excellence, community involvement, dents a film on surgery techniques when he envoy for Sudan, Maj. Gen. Scott Gration, accompanied Dr. Crenshaw to Trauma Room pre-emptively defended the elections, saying and leadership potential. One, where President Kennedy lay uncon- they would be ‘‘as free and as fair as pos- Madam Speaker, I ask that my colleagues scious, hooked to a respiratory machine. sible.’’ The White House showed only a hint join me in honoring Alex Hornaday. Alex is Through this experience, I learned that I more backbone with a hurried reference this truly an outstanding student who demonstrates take for granted the freedoms that I have week to ‘‘an essential step’’ with ‘‘serious the leadership potential of our future. today that were given to me. These same irregularities.’’ f freedoms that I worked nothing for are and President Omar Hassan al-Bashir of were the same freedoms countless soldiers Sudan—the man wanted by the International THE CONGRESSIONAL YOUTH AD- from the United States armed forces self- Criminal Court for crimes against humanity VISORY COUNCIL: A LEGACY OF lessly fought for. Furthermore, I have gained in Darfur—has been celebrating. His regime SERVICE a novel respect for physicians, such as Dr. calls itself the National Congress Party, or McClelland himself who make it their job to N.C.P., and he was quoted in Sudan as telling save lives.—Eann Tuan a rally in the Blue Nile region: ‘‘Even Amer- HON. SAM JOHNSON ica is becoming an N.C.P. member. No one is OF TEXAS f against our will.’’ Memo to Mr. Obama: IN THE HOUSE OF REPRESENTATIVES When a man who has been charged with DAISY HENRIQUEZ crimes against humanity tells the world that Monday, April 26, 2010 America is in his pocket, it’s time to review Mr. SAM JOHNSON of Texas. Madam your policy. Perhaps the Obama administration caved Speaker, I ask my fellow colleagues to join me HON. ED PERLMUTTER because it considers a flawed election better in congratulating the 2009–2010 Congres- than no election. That’s a reasonable view, OF COLORADO sional Youth Advisory Council. This year 45 one I share. It’s conceivable that Mr. Bashir students from public, private, and home IN THE HOUSE OF REPRESENTATIVES could have won a quasi-fair election—oil rev- schools in grades 9 through 12 made their enues have manifestly raised the standard of voices heard and made a difference in their Monday, April 26, 2010 living in parts of Sudan—and the cam- paigning did create space for sharp criticism communities, their country and their Congress. Mr. PERLMUTTER. Madam Speaker, I rise These students volunteered their time, effort, of the government. today to recognize and applaud Daisy It’s also true that Sudan has been behaving and talent to inform me about the important Henriquez who has received the Arvada better in some respects. The death toll in issues facing their generation. As young lead- Wheat Ridge Service Ambassadors for Youth Darfur is hugely reduced, and the govern- ers within their communities and their schools, award. Daisy Henriquez is an 8th grader at ment is negotiating with rebel groups there. these students boldly represent the promise Wheat Ridge Middle School and received this The Sudanese government gave me a visa and the hope we all have for their very bright award because her determination and hard and travel permits to Darfur, allowing me to future. travel legally and freely. The real game work have allowed her to overcome adversi- isn’t, in fact, Darfur or the elections but the President Ronald Reagan said, ‘‘Freedom is ties. never more than one generation away from maneuvering for a possible new civil war. The dedication demonstrated by Daisy The last north-south civil war in Sudan extinction. We didn’t pass it to our children in ended with a fragile peace in 2005, after some the bloodstream. It must be fought for, pro- Henriquez is exemplary of the type of achieve- ment that can be attained with hard work and two million deaths. The peace agreement tected, and handed on for them to do the provided for a referendum, scheduled to take same, or one day we will spend our sunset perseverance. It is essential students at all place in January, in which southern Suda- years telling our children and our children’s levels strive to make the most of their edu- nese will decide whether to secede. They are children what it was once like in the United cation and develop a work ethic which will expected to vote overwhelmingly to form a States where men were free.’’ guide them for the rest of their lives. separate country. To ensure that the blessing of freedom is I extend my deepest congratulations once Then the question becomes: will the north allow South Sudan to separate? The south passed from one generation to the next, the again to Daisy Henriquez for winning the Ar- holds the great majority of the country’s oil, members of the CYAC spent time interviewing vada Wheat Ridge Service Ambassadors for and it’s difficult to see President Bashir al- a veteran and documenting the experience for Youth award. I have no doubt she will exhibit lowing oil fields to walk away. the ‘‘Preserving History Project.’’ Today I’m the same dedication and character to all her ‘‘If the result of the referendum is inde- proud to submit the brief summaries provided future accomplishments. pendence, there is going to be war—complete

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.024 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS E652 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 2010 war,’’ predicts Mudawi Ibrahim Adam, one of their families and friends were placed in in- THE CONGRESSIONAL YOUTH AD- Sudan’s most outspoken human rights advo- ternment camps surrounded by barbed wire VISORY COUNCIL: A LEGACY OF cates. He cautions that America’s willing- and armed guards. Always soldiers first, some SERVICE ness to turn a blind eye to election-rigging here increases the risk that Mr. Bashir will found themselves on the battleground along- feel that he can get away with war. side armed forces, where they faced extra- HON. SAM JOHNSON ‘‘They’re very naı¨ve in Washington,’’ Mr. ordinary circumstances and physical hard- OF TEXAS Mudawi said. ‘‘They don’t understand what ships. IN THE HOUSE OF REPRESENTATIVES is going on.’’ For decades after such a heroic sacrifice, Monday, April 26, 2010 On the other hand, a senior Sudanese gov- due to military confidentiality agreements, their ernment official, Ghazi Salahuddin, told me stories have gone untold. Many of the Nisei Mr. SAM JOHNSON of Texas. Madam unequivocally in Khartoum, the nation’s Speaker, I ask my fellow colleagues to join me capital, that Sudan will honor the ref- Veterans, some of whom have now passed, settled in Chicago after World War II. in congratulating the 2009–2010 Congres- erendum results. And it’s certainly plausible sional Youth Advisory Council. This year 45 that north and south will muddle through Madam Speaker, I ask my colleagues to join and avoid war, for both sides are exhausted me in recognizing the Nisei Veterans for their students from public, private, and home by years of fighting. extraordinary and invaluable service to our schools in grades 9 through 12 made their Here in Juba, the South Sudan capital, I Nation in a time of war. They exemplify the voices heard and made a difference in their met Winnie Wol, 26, who fled the civil war in values of dedication and service, and I thank communities, their country and their Congress. 1994 after a militia from the north attacked them for their many sacrifices, years of tireless These students volunteered their time, effort, her village to kill, loot, rape and burn. Her and talent to inform me about the important father and many relatives were killed, but loyalty and countless contributions to this Na- tion. These are unsung heroes in our midst, issues facing their generation. As young lead- she escaped and made her way to Kenya—and ers within their communities and their schools, eventually resettled as a refugee in Cali- and I welcome this opportunity to recognize fornia. She now lives in Olathe, Kan., and their tremendous sacrifice on behalf of the these students boldly represent the promise she had returned for the first time to Sudan people of the United States of America. and the hope we all have for their very bright to visit a mother and sisters she had last future. seen when she was a little girl. President Ronald Reagan said, ‘‘Freedom is f Ms. Wol, every bit the well-dressed Amer- never more than one generation away from ican, let me tag along for her journey back HONORING COMMISSIONER ROY extinction. We didn’t pass it to our children in to her village of Nyamlell, 400 miles north- GOLD the bloodstream. It must be fought for, pro- west of Juba. The trip ended by a thatch-roof tected, and handed on for them to do the hut that belonged to her mother, who didn’t know she was coming—so no one was home. HON. THEODORE E. DEUTCH same, or one day we will spend our sunset Ms. Wol was crushed. years telling our children and our children’s OF FLORIDA Then there was a scream and a woman children what it was once like in the United came running. It was Ms. Wol’s mother, IN THE HOUSE OF REPRESENTATIVES States where men were free.’’ somehow recognizing her, and they flew into Monday, April 26, 2010 To ensure that the blessing of freedom is each other’s arms. To me, It felt like a peace passed from one generation to the next, the dividend. Mr. DEUTCH. Madame Speaker, I am both members of the CYAC spent time interviewing Yet that peace is fragile, and Ms. Wol honored and privileged to congratulate Com- a veteran and documenting the experience for knows that the northern forces may come missioner Roy Gold as he begins his tenure the ‘‘Preserving History Project.’’ Today I’m back to pillage again. ‘‘I don’t want war,’’ as the 53rd President of the Broward League she said, ‘‘but I don’t think they will allow proud to submit the brief summaries provided us to separate.’’ of Cities. so the patriotic service of our dedicated vet- My own hunch is that the north hasn’t en- This most recent achievement is one of erans and the thoughtful work of the CYAC tirely decided what to do, and that strong many honors during Commissioner Gold’s dis- may be preserved for antiquity in the CON- international pressure can reduce the risk of tinguished career in public service. The Com- GRESSIONAL RECORD. A copy of each sub- another savage war. If President Obama is missioner has long been a leader in the mitted student summary follows. ever going to find his voice on Sudan, it had Broward community, serving as a member of To each member of the Congressional better be soon. the Coral Springs City Commission since Youth Advisory Council, thank you for making f 2004, and Vice Mayor from March 2006 this year and this group a success. It is not a HONORING NISEI VETERANS through November 2007. Commissioner Gold coincidence that this congressional tribute also serves as the Chair of the Florida Inter- celebrates two generations of service. Each of HON. MIKE QUIGLEY governmental Financial Commission and as a you is trusted with the precious gift of free- member of both the Broward County Resource dom. OF ILLINOIS Recovery Board and the Broward County You are the voices of the future and I salute IN THE HOUSE OF REPRESENTATIVES Oversight Committee. you. God bless you and God bless America. Monday, April 26, 2010 Beyond the City Commission, Commissioner The summary follows: Mr. QUIGLEY. Madam Speaker, I rise today Gold has dedicated his life to his family, a Michael Lee Todd has been stationed all to recognize the distinct patriotic and heroic successful business career, and community across the U.S. and the world. During his service of several Chicago Japanese Amer- and environmental activism. While serving as time in the service he was a Naval Aviator co-president and CEO of Cambridge Diag- for seven years and then a public affairs offi- ican Veterans who served as linguists for the cer, or PAO for 17 years. While assigned to Military Intelligence Service (‘‘MIS’’) of the nostic Products, Inc., the commissioner has the USS Coral Sea (CV–43) he was part of the United States Army. These Japanese Amer- tirelessly worked to improve the community of mission to rescue the American hostages ican (‘‘Nisei’’) veterans dedicated their lives in Coral Springs. He is a founding member of the being held by Muslim extremists in Tehran, providing invaluable intelligence support during Coral Springs Neighborhood and Environ- Iran. Later in his career he was the lead pub- World War II and during the Occupation of mental Committee, a founding site leader for lic service affairs officer for many high pro- Japan from 1945–1952. the Broward Waterway Cleanup, a founder of file cases during Navy history. One of these The service of these Nisei veterans was crit- the Broward Adopt-a-Mile program, and a site was a terrible incident where a sailor killed leader for Broward County Adopt-a-Street. In another in cold blood while in Japan for ical to our Nation’s victory during World War II. being homosexual. He was also in charge of They translated captured documents, interro- addition to Commissioner Gold’s environ- all public affairs during a terrible accident gated prisoners of war, and intercepted radio mental activism, he is currently a board mem- onboard the battleship USS Iowa, where one messages. After the war they continued to ber of the Coral Springs Charter School and of its four 18- inch gun turrets blew up kill- serve the United States as cultural and lin- the Coral Springs Museum of Art. ing dozens of sailors. Later in his career he guistic ambassadors during the occupation of Commissioner Gold’s dedication to commu- was with General Anthony Zinni at U.S. Cen- Japan. The MIS soldiers were vital in main- nity activism in Coral Springs is a testament to tral Command during the withdrawal of U.S. taining the peace by acting as a bridge be- his dedication to greater Broward County, and forces from Somalia. Mike retired from the the Broward League of Cities will be well Navy in 2000. From this experience I gained tween the American forces and the Japanese a completely new insight into the life of my people. served to have him as their new President. Uncle Mike. I never really new all the things The patriotism and heroism of the Japanese I wish Commissioner Gold, his wife Janet, he did, viewed him as ‘‘Captain Todd’’ or how American MIS soldiers was profound and im- and his children Michael and Lauren congratu- important his service was to the country. It measurable. They served this country while lations and continued success. amazes me that he had such an impact on

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A26AP8.027 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E653 thoughts about the Navy by the American strong sanctions that can make a difference. Each year Our Military Kids recognizes out- public. It makes me proud and gives me The only nation that benefits from delay is standing military children and families for their dreams of one day being like him, to serve Iran. Time is on its side—with more time, it service to and sacrifice for our country. This my country in the tradition of my family and make a difference to the liberty and can realize its nuclear ambitions. We can year’s award ceremony was held on April 13 freedom of America.—Samantha Todd. change the equation by moving this bill for- in the Cannon Caucus Room here on Capitol ward now. Accordingly, I strongly encourage Hill and I was honored to attend the ‘‘Celebra- f my colleagues to support this motion. tion of Our Military Kids’ Star Power’’ event at MOTION TO INSTRUCT CONFEREES f which four military children and one military ON H.R. 2194, IRAN REFINED PE- family were saluted. The 2010 award winners TROLEUM SANCTIONS ACT OF DEREK RIEMER are: Valerie Gonzalez of Alhambra, CA, in the 2009 7–10-year-old age category; Jasmine Warren HON. ED PERLMUTTER of Douglasville, GA, 11–14-year-old category; SPEECH OF OF COLORADO Taylor Ulmen of Madelia, MN, 15–18-year-old HON. CAROLYN B. MALONEY IN THE HOUSE OF REPRESENTATIVES category; John Stefan Jenkins, Jr. of Jamaica, OF NEW YORK Monday, April 26, 2010 NY, 15–18-year old category, and four chil- IN THE HOUSE OF REPRESENTATIVES Mr. PERLMUTTER. Madam Speaker, I rise dren from the Sonnen Family of Annandale, VA, whose father Tom was deployed to Iraq. Thursday, April 22, 2010 today to recognize and applaud Derek Riemer Through many generous partnerships with Mrs. MALONEY. Mr. Speaker, I missed roll- who has received the Arvada Wheat Ridge Service Ambassadors for Youth award. Derek individuals, foundations, and corporations Our call vote 219, on the Motion to Instruct Con- Military Kids is able to award grants to chil- ferees on Comprehensive Iran Sanctions, Ac- Riemer is a 9th grader at Ralston Valley High School and received this award because his dren each year. The Star Supporters of 2009– countability, and Divestment Act— Had I been 2010 include: General Dynamics; Target; Bob present, I would have voted ‘‘aye.’’ determination and hard work have allowed him to overcome adversities. Woodruff Foundation; Leonsis Foundation; Reports are clear that Iran is speeding for- Lockheed Martin; American Legion Child Wel- ward toward developing the capability to man- The dedication demonstrated by Derek Riemer is exemplary of the type of achieve- fare Foundation; Emerson Charitable Trust; ufacture and launch a nuclear weapon. A nu- USAA; AUSA; General Dynamics-AIS; Jeong clear Iran will put the world’s most deadly ment that can be attained with hard work and perseverance. It is essential students at all H. Kim Foundation; Oshkosh Defense; Mr. & weapon into the hands of a nation that is ac- Mrs. Michael Ansari; ASMBA Star Foundation; tively supporting terrorism and is actively en- levels strive to make the most of their edu- cation and develop a work ethic which will Association of Military Banks of America; gaged in providing weapons and other support Avion Manufacturing; Binder Foundation; to terrorist organizations. Iran’s leader, guide them for the rest of their lives. I extend my deepest congratulations once Careerbuilder.com; EADS North America; Mahmoud Ahmadinejad, has made no secret again to Derek Riemer for winning the Arvada Janning Family Foundation; PGA Tour Wives of his desire to destroy our ally Israel—he has Wheat Ridge Service Ambassadors for Youth Association; Mr. & Mrs. Roger C. Schultz; Sil- promised to wipe Israel from the face of the award. I have no doubt he will exhibit the icon Valley Community Foundation; Tiger earth. If Iran develops a nuclear bomb, it will same dedication and character to all his future Woods Foundation; Aspen Capital, LLC; Mr. & have the ability to do in a matter of minutes accomplishments. Mrs. Peter J. Barris; Bechtel; Binder Founda- what it took the Nazis six years to do. tion; Booz Allen Hamilton; Congressional f A nuclear Iran will destabilize the entire Mid- Country Club; Dorothy G. Bender Foundation, dle East. If Iran has nuclear capability, every RECOGNIZING THE CONTRIBU- Mr. & Mrs. Shawn Hendon, Mr. & Mrs. John nation in the Middle East will rush to acquire TIONS OF OUR MILITARY KIDS H. Hiser, Kipps DeSanto; Mr. & Mrs. Gerard the same capability. Although Israel has much ORGANIZATION AND THE 2010 R. Lear; Lillian Adams Charitable Trust; Mr. & to fear from Iran, there are many other coun- STAR POWER AWARD WINNERS Mrs. Philip Odeen; Gen. & Mrs. Peter Pace; tries in the region that have a long history of Triple Canopy; Walter B. Slocombe; Mr. & bad relations with Iran. And there is no love HON. FRANK R. WOLF Mrs. Paul A. Weaver, Jr.; Mr. & Mrs. William lost between Shi’ite Iran and its Sunni neigh- OF VIRGINIA Wolpert. bors. IN THE HOUSE OF REPRESENTATIVES In closing, I would like to particularly thank I salute the young people who have risked Monday, April 26, 2010 Linda Davidson, Our Military Kids’ executive their lives in Iran in the hopes of removing this director, for dedication and tireless efforts to madman from power. Their courage deserves Mr. WOLF. Madam Speaker, I rise today to support our Nation’s military families. our praise and our support. But a nuclear Iran recognize and celebrate April as the National f will be a threat to every nation in the Middle Month of the Military Child. I also ask that my East, regardless of who is in power; and there colleagues join me in recognizing the out- CELEBRATING THE LIFE OF DR. is no sign that a different Iranian leader would standing work of the Our Military Kids organi- DOROTHY IRENE HEIGHT dismantle the nuclear program. Sanctions are zation as well as its 2010 award winners. I am our best hope to pressure Iran to relinquish its honored that this program, founded in SPEECH OF nuclear program. McLean, Virginia, is located in the 10th District HON. ELIJAH E. CUMMINGS Tough sanctions have an impact. They have of Virginia. OF MARYLAND already discouraged companies from doing Our Military Kids is an organization that of- IN THE HOUSE OF REPRESENTATIVES business in Iran, thereby reducing Iran’s ac- fers support to children of deployed National cess to the goods it wants. Time Magazine re- Guard and Reserve personnel in addition to Wednesday, April 21, 2010 ported that two of the world’s largest insur- children of severely injured servicemembers, Mr. CUMMINGS. Madam Speaker, I rise ance companies, Lloyd’s and Munich Re, will through grants for extracurricular activities. In today in support of H. Res. 1281 and to mourn no longer insure cargo going into or out of honor of the sacrifices military parents make, the loss of a strong voice for greater justice Iran. Major oil brokers are no longer willing to Our Military Kids helps to ensure that children and equality in our Nation, Ms. Dorothy sell refined petroleum to Iran, a blow to a of military families have the chance to have Height. country that must import much of its oil. access to enrichment activities such as fine In the 1950s and 60s, women were ex- LUKOIL, Royal Dutch Shell, Total, BP and arts, sports, or academic programs. pected to stay at home, and stay out of the Malaysia’s Petronas and other companies will I particularly wish to recognize the dedicated spotlight. Dorothy Height broke through those no longer sell gasoline to Iran. Sanctions staff of Our Military Kids. They are joined by boundaries and became a role model for change corporate behavior—and if the cor- a Board of Directors, as well as an Advisory women, engraving her message of universal porations that do business in Iran are no Board, who help make important decisions on human dignity into the mantle of our society. longer willing to trade, it will have an imme- behalf of the organization. The organization In fact, she exploded past her boundaries, to diate and direct effect on the quality of life in launched its original program in Winchester, not only make her voice heard, but make it Iran. Virginia, in connection with the Virginia Na- relevant. The Comprehensive Iran Sanctions, Ac- tional Guard in 2005. Today the success of The glass ceiling faced by women would countability, and Divestment Act of 2009 is a Our Military Kids has gained national recogni- hardly be the only barrier that Ms. Height good bill—a strong bill. It’s time to go to con- tion and now reaches 14,633 children in all 50 would demolish. At a time when she showed ference and move forward with implementing states. great courage with every word she spoke as

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.030 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS E654 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 2010 a powerful woman, that bravery was magnified and the hope we all have for their very bright congressional hearings were judged on their by her voice being heard as a proud Black future. knowledge of and ability to apply the Constitu- woman. She stood—like a prophetess of old— President Ronald Reagan said, ‘‘Freedom is tion to current events. The students earned in defense of the principle that all men and all never more than one generation away from the best scores of the nine high schools that women are created equal, and are deserving extinction. We didn’t pass it to our children in competed in the New York State Final Hear- of equal rights. the bloodstream. It must be fought for, pro- ings in March and as a result, will represent Dorothy Height was a woman of stunning tected, and handed on for them to do the New York State in the national finals. dedication, discipline and vision. Although, at same, or one day we will spend our sunset I am proud to recognize Half Hollow Hills times, she may have been overshadowed in years telling our children and our children’s East High School for this outstanding aca- the press and the history books by the men of children what it was once like in the United demic achievement. the Civil Rights movement, she will never be States where men were free.’’ f forgotten in the hearts and minds of the mil- To ensure that the blessing of freedom is lions whom she touched. passed from one generation to the next, the HONORING MR. JAMES MUSCATO When Dorothy Height stood with Martin Lu- members of the CYAC spent time interviewing ther King, Jr., on the steps of the Lincoln Me- a veteran and documenting the experience for HON. BRIAN HIGGINS morial as he delivered his famous ‘‘I have a the ‘‘Preserving History Project.’’ Today I’m OF NEW YORK dream’’ speech, she stood tall in her own right proud to submit the brief summaries provided IN THE HOUSE OF REPRESENTATIVES as both a woman, and as a leader. so the patriotic service of our dedicated vet- Monday, April 26, 2010 During the continuing civil rights struggles of erans and the thoughtful work of the CYAC the 1960s, Dorothy Height worked tirelessly to may be preserved for antiquity in the CON- Mr. HIGGINS. Madam Speaker, I rise today advance our cause. The Movement’s success GRESSIONAL RECORD. A copy of each sub- to pay tribute to the years of service given to owes as much to her determination as it does mitted student summary follows. the people of Chautauqua County by Mr. to the more well-known legacies of Dr. King, To each member of the Congressional James Muscato. Mr. Muscato served his con- Roy Wilkins, A. Philip Randolph, Whitney Youth Advisory Council, thank you for making stituency faithfully and justly during his tenure Young, James Farmer, and Bayard Rustin. this year and this group a success. It is not a as a member of the Dunkirk City Council. Ms. Height left no avenue untraveled in her coincidence that this congressional tribute Public service is a difficult and fulfilling ca- march toward Dr. King’s ‘‘beloved society.’’ celebrates two generations of service. Each of reer. Any person with a dream may enter but She brought together Black and white women you is trusted with the precious gift of free- only a few are able to reach the end. Mr. to initiate a dialogue of understanding; wrote dom. Muscato served his term with his head held weekly columns in the New York Amsterdam You are the voices of the future and I salute high and a smile on his face the entire way. News, a weekly African American newspaper; you. God bless you and God bless America. I have no doubt that his kind demeanor left a promoted community development programs The summary follows: lasting impression on the people of Chau- in Africa; and served on numerous committees Retired Air Force Major Mark Smith en- tauqua County. to this end. listed in the United States Air Force in 1969, We are truly blessed to have such strong in- In particular, Dorothy Height’s work within at age 19. He spent six years serving as an en- dividuals with a desire to make this county the the National Council of Negro Women encour- listed serviceman, was honorably discharged, wonderful place that we all know it can be. Mr. and pursued his education using the GI Bill aged positive and lasting change in our Na- Muscato is one of those people, and that is while working. After completing his Masters why, Madam Speaker, I rise to pay tribute to tion. She served as the President of the Coun- Degree in Computer Information Systems, he cil for 40 years, retiring in 1997. From her applied to Officers’ Training School (OTS) him today. bully pulpit as President, Dorothy Height advo- and reenlisted in the Air Force. Major Smith f spent the remainder of his time as an officer cated for equality for both African Americans COMMENDING UNIVERSITY OF and women. She emphasized self-help and re- working in Tactical Communications Sys- tems and Information Systems Management. CONNECTICUT HUSKIES ON WOM- liance, even as she encouraged practical pro- EN’S NCAA BASKETBALL CHAM- grams in nutrition, child care, housing and ca- Smith’s one overseas duty station was as an enlisted airman; he was stationed with the PIONSHIP reer counseling. RAF station at Chicksands in England. Madam Speaker, I was deeply gratified Later in his career as an officer, he had some SPEECH OF when Dorothy Height was awarded the Con- temporary duty assignments in Saudi Ara- gressional Gold Medal in 2004, one of the bia, Haiti and Panama. HON. JOHN B. LARSON most deserved awards that we have ever be- This interview was the first time I have OF CONNECTICUT stowed. With her passing, millions of women— questioned a veteran about their experi- IN THE HOUSE OF REPRESENTATIVES ences, and it was fascinating. The Smiths ex- and men—have lost a role model, and Amer- Wednesday, April 21, 2010 ica has lost one of our true treasures. pressed such a high level of enthusiasm and pride about their lives in the United States Mr. LARSON of Connecticut. Mr. Speaker, I My prayers are with Ms. Height’s family and Air Force that it would have been difficult to friends during their time of loss. rise today in support of House Resolution come away from the interview with anything 1239, Commending the University of Con- f but a positive outlook towards a military ca- reer.—Katya Sousa necticut Huskies for their historic win in the THE CONGRESSIONAL YOUTH AD- 2010 NCAA Division I Women’s Basketball VISORY COUNCIL: A LEGACY OF f Tournament. On March 6, 2010, the Huskies SERVICE CONGRATULATING HALF HOLLOW capped an undefeated season by beating the HILLS EAST HIGH SCHOOL ON University of Stanford Cardinal 53–47 in the HON. SAM JOHNSON WINNING THE WE THE PEOPLE NCAA Championship game. There are many OF TEXAS NEW YORK STATE FINALS things that make this team impressive, but to IN THE HOUSE OF REPRESENTATIVES show just how dominant they were, this was their only victory all season where they de- Monday, April 26, 2010 HON. STEVE ISRAEL OF NEW YORK feated an opponent by less than 10 points. Mr. SAM JOHNSON of Texas. Madam IN THE HOUSE OF REPRESENTATIVES With 78 straight wins, they broke their own Speaker, I ask my fellow colleagues to join me record for all-time consecutive victories. in congratulating the 2009–2010 Congres- Monday, April 26, 2010 Throughout their unbelievable run, the sional Youth Advisory Council. This year 45 Mr. ISRAEL. Madam Speaker, I rise today UConn women’s basketball team has cap- students from public, private, and home to acknowledge Half Hollow Hills East High tivated the state of Connecticut with their awe- schools in grades 9 through 12 made their School, which was named the New York State inspiring talent. Tina Charles’ tremendous play voices heard and made a difference in their champion of the We the People: The Citizens at center earned her recognition as both the communities, their country and their Congress. and the Constitution competition. United States Basketball Writers Association These students volunteered their time, effort, The We the People competition is an ex- and the Associated Press Player of the Year. and talent to inform me about the important tremely prestigious national academic contest Additionally, she was named the Naismith issues facing their generation. As young lead- that promotes the study of the United States Award winner and the Wooden Award winner. ers within their communities and their schools, Constitution. The students from Half Hollow Although she will graduate this year, she will these students boldly represent the promise Hills East who participated in the simulated undoubtedly be remembered as one of the all-

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.033 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E655 time greats to play for the Huskies. Junior mathematics education. Each year, the Foun- The summary follows: Maya Moore received outstanding honors by dation provides more than $7 million in sup- I interviewed Alan Smith, a World War II being named the State Farm Wade Trophy port of education initiatives. The Foundation veteran, and I learned a lot about his life and Player of the Year and being named the Most supports programs from grade school through his experiences during the war as well as the Valuable Player in the Final Four. Both Moore graduate school to encourage students to years after. Mr. Smith entered the military as a private and came out as a corporal after and Tina Charles were chosen as First-Team achieve their potential. The Siemens Awards approximately 22 months of service. His All-Americans. for Advanced Placement provides $2,000 col- highlight combat mission was the invasion Connecticut is home to one of the most ac- lege scholarships for two students in each of Bastogne. After his service, Mr. Smith complished and successful teams in the his- state based on grades and scores in AP went to school on the GI Bill and became a tory of collegiate athletics. Under Head Coach science and math classes. Bible major. Following college, Mr. Smith Geno Auriemma, we in Connecticut have be- Grace Wang, a student at Thomas Jefferson began to work for Beach Aircraft Company which produced tools of various sorts. come accustomed to excellence year in and High School for Science and Technology, has After interviewing Mr. Smith, I have year out. He has led the Huskies to seven excelled in her AP science and math classes. learned several things about World War II championships, including four undefeated sea- Through her hard work, she has proven that from a first-hand account. I also learned the sons. He also holds the highest winning per- she is one of the best and brightest in the na- challenges faced by troops while deployed centage of any active coach in women’s colle- tion. She is a shining example of the achieve- overseas and the mental toll it places on a giate basketball. ments of students in the area of math and soldier’s mind. And at the end of the inter- science. view, Mr. Smith stressed this scripture from The Women Huskies have captured the the Bible to me: ‘‘And hath made of one hearts of fans all across the nation with their Madam Speaker, I ask that my colleagues blood all nations of men for to dwell on all exemplary work on and off the court. In every join me in congratulating Grace Wang for this the face of the earth, and hath determined game, the team played with a passion and de- honor. She truly is an example of our nation’s the times before appointed, and the bounds sire only displayed by champions. This entire promising future in the science and technology of their habitation.’’ He lives by this verse team of remarkable women: Heather Buck, fields. and said it could be applicable to many present day situations.—Drew Sneed. Tina Charles, Lorin Dixon, Caroline Doty, Kelly f Faris, Jacquie Fernandes, Meghan Gardler, f THE CONGRESSIONAL YOUTH AD- Kalana Greene, Tiffany Hayes, Kaili McLaren, PERSONAL EXPLANATION and Maya Moore exemplify what a student- VISORY COUNCIL: A LEGACY OF athlete is supposed to be. As they carry their SERVICE HON. BRIAN HIGGINS winning streak into next season, I know they HON. SAM JOHNSON OF NEW YORK will continue to make us proud. IN THE HOUSE OF REPRESENTATIVES I am proud to join Connecticut’s Congres- OF TEXAS Monday, April 26, 2010 sional Delegation, my colleagues in the House IN THE HOUSE OF REPRESENTATIVES of Representatives, and Husky Nation in cele- Monday, April 26, 2010 Mr. HIGGINS. Madam Speaker, regrettably, brating the UConn Women Basketball team’s during a series of votes last Thursday I seventh NCAA Women’s National Basketball Mr. SAM JOHNSON of Texas. Madam missed rollcall vote 219. I would have voted Championship, second perfect season in a Speaker, I ask my fellow colleagues to join me ‘‘yea.’’ row and record 78-game winning streak. in congratulating the 2009–2010 Congres- I am a cosponsor of H.R. 2194, the Com- sional Youth Advisory Council. This year 45 f prehensive Iran Sanctions, Accountability, and students from public, private, and home Divestment Act, and would have joined my OUR UNCONSCIONABLE NATIONAL schools in grades 9 through 12 made their colleagues in instructing conferees to insist on DEBT voices heard and made a difference in their the strong provisions in the House-passed bill. communities, their country and their Congress. f These students volunteered their time, effort, HON. MIKE COFFMAN HONORING ARMY SPECIALIST OF COLORADO and talent to inform me about the important issues facing their generation. As young lead- RANDALL RAY CHARLES IN THE HOUSE OF REPRESENTATIVES ers within their communities and their schools, LANDSTEDT Monday, April 26, 2010 these students boldly represent the promise Mr. COFFMAN of Colorado. Madam Speak- and the hope we all have for their very bright HON. TOM McCLINTOCK er, today our national debt is future. OF CALIFORNIA $12,877,195,922,374.91. President Ronald Reagan said, ‘‘Freedom is IN THE HOUSE OF REPRESENTATIVES On January 6th, 2009, the start of the 111th never more than one generation away from Monday, April 26, 2010 Congress, the national debt was extinction. We didn’t pass it to our children in Mr. MCCLINTOCK. Madam Speaker, I rise $10,638,425,746,293.80. the bloodstream. It must be fought for, pro- today to honor Army SPC Randall Ray This means the national debt has increased tected, and handed on for them to do the Charles Landstedt from Pollock Pines, Cali- by $2,238,770,176,081.11 so far this Con- same, or one day we will spend our sunset fornia, who was killed April 6, 2010 while on gress. years telling our children and our children’s leave in Crestview, Florida. Specialist This debt and its interest payments we are children what it was once like in the United Landstedt grew up in El Dorado County, at- passing to our children and all future Ameri- States where men were free.’’ tending local schools, including Pinewood, Si- cans. To ensure that the blessing of freedom is erra Ridge, El Dorado High, and Independ- f passed from one generation to the next, the ence High. From an early age, Specialist members of the CYAC spent time interviewing Landstedt was determined to serve his country CONGRATULATING GRACE WANG, a veteran and documenting the experience for and after graduation enlisted in the U.S. Army. RECIPIENT OF A SIEMENS FOUN- the ‘‘Preserving History Project.’’ Today, I’m He was known by his friends and family as DATION AWARD proud to submit the brief summaries provided kind, generous, considerate and loyal. He is so the patriotic service of our dedicated vet- survived by his parents, Joanne and Daniel HON. GERALD E. CONNOLLY erans and the thoughtful work of the CYAC Landstedt; brother, James Copeland of Pol- OF VIRGINIA may be preserved for antiquity in the CON- lock Pines; and sister, Rickie Bronstein of San IN THE HOUSE OF REPRESENTATIVES GRESSIONAL RECORD. A copy of each sub- Diego. mitted student summary follows. I cannot begin to comprehend the pain of Monday, April 26, 2010 To each member of the Congressional losing such a kind and courageous young man Mr. CONNOLLY of Virginia. Madam Speak- Youth Advisory Council, thank you for making and I cannot ease that pain with my words. All er, I rise to recognize Grace Wang, recipient this year and this group a success. It is not a I can do is say thank you for Randall’s serv- of a Siemens Foundation award for her excel- coincidence that this congressional tribute ice. He exemplified the highest values of our lence in the College Board’s Advanced Place- celebrates two generations of service. Each of country, embodying courage, valor and dedi- ment program courses and exams in the area you is trusted with the precious gift of free- cation in his service with the Army’s 1st Bat- of science and mathematics. dom. talion, 32nd Infantry Regiment, 3rd Brigade The Siemens Foundation has actively sup- You are the voices of the future and I salute Combat Team, 10th Mountain Division. Spe- ported science, technology, engineering and you. God bless you and God bless America. cialist Landstedt was twice awarded the

VerDate Nov 24 2008 06:08 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.035 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS E656 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 2010 Army Commendation Medal and also received tected, and handed on for them to do the As one of the National Security Agency’s the Afghanistan Campaign Medal, the National same, or one day we will spend our sunset (NSA) highest ranking senior leaders, the In- Defense Service Medal, the Global War on years telling our children and our children’s formation Assurance Director, Schaeffer is re- Terrorism Medal, an Army Service Ribbon, an children what it was once like in the United sponsible for the availability of products, serv- Overseas Service Ribbon, and the NATO States where men were free.’’ ices, technology and standards for protecting Medal with an International Security Assist- To ensure that the blessing of freedom is our nation’s critical information systems from ance Force bar. We will remember SPC Ran- passed from one generation to the next, the adversaries in cyberspace. Prior to holding the dall Landstedt for his honor and dedication, members of the CYAC spent time interviewing position of one of the nation’s leading defend- and we must never forget the service and sac- a veteran and documenting the experience for ers against cyber attacks, Schaeffer was Chief rifices of the sons and daughters of our great the ‘‘Preserving History Project.’’ Today I’m of the National Security Operations Center, country. proud to submit the brief summaries provided which manages the U.S. Cryptological Sys- f so the patriotic service of our dedicated vet- tem, serving as the command-and-control cen- erans and the thoughtful work of the CYAC ter for crisis response. His other major assign- HONORING ISRAELI may be preserved for antiquity in the CON- ments have included Information Assurance INDEPENDENCE DAY GRESSIONAL RECORD. A copy of each sub- Deputy Director, NSA Deputy Chief of Staff, mitted student summary follows. and Director, Infrastructure and Information SPEECH OF To each member of the Congressional Assurance. Prior to his work with NSA, HON. JOE BACA Youth Advisory Council, thank you for making Schaeffer served in the United States Marine this year and this group a success. It is not a OF CALIFORNIA Corps, including two tours in Vietnam. coincidence that this congressional tribute IN THE HOUSE OF REPRESENTATIVES For his renowned work with the Federal celebrates two generations of service. Each of Government, Schaeffer earned numerous Wednesday, April 21, 2010 you is trusted with the precious gift of free- awards including Armed Forces Communica- Mr. BACA. Madam Speaker, I rise today to dom. tions and Electronic Association Meritorious You are the voices of the future and I salute honor the 62nd anniversary of the establish- Service Award; the Presidential Rank Award; you. God bless you and God bless America. ment of the modern State of Israel. Secretary of Defense Medal for Meritorious Ci- The summary follows: After the horrible actions of the Holocaust, vilian Service; and Secretary of Defense Pro- Israel was established as an independent na- I had the honor to sit down with Sergeant Goins, a member of the United States Army, ductivity Excellence Award, among many oth- tion. She has since advanced into a success- in his Plano West classroom to learn about ers. ful, democratic, and thriving nation. his intriguing assignments overseas. Chad Madam Speaker, I ask that you join with me Since her inception 62 years ago, Israel Goins is currently a teacher at Plano West today to honor Mr. Richard Schaeffer, Jr., and continues to be a friend and a strong ally to Senior High School where he instructs stu- his illustrious career with the Federal Govern- the United States. I stand here with my col- dents in Introduction to Criminal Justice ment. His leadership and loyalty has protected leagues and reaffirm this bond of solidarity and Criminal Investigation classes. Just this nation for over 40 years. His dedication to and cooperation between the United States under two years ago, in June 2008, Sgt. Goins the United States is highly commendable. and Israel. left to endure an eight month training fol- lowed by ten months at Bagram Airfield in If f As Iran gets closer to nuclear capability, Afghanistan. His many awards and achieve- RECOGNIZING THE IMPORTANCE threatening our collective security, we must ments clearly demonstrate the integrity and stand together in accord, now more than ever. valor with which he has served his country, OF VOLUNTEERISM We support Israel and commend the such as the Afghanistan Campaign Medal, SPEECH OF progress made as she continues to work to- and the Combat Action Badge. Due to the wards peace with her Arab neighbors. nature of Sgt. Goins’ duties of Military In- HON. LAURA RICHARDSON telligence, he was unable to discuss many of I also commend all our Jewish friends in the OF CALIFORNIA United States whose tireless efforts contribute the specifics. However, because he saw a lot of the local population, he discussed with me IN THE HOUSE OF REPRESENTATIVES to American and Israeli achievement. just why the war in Afghanistan is so dif- Wednesday, April 21, 2010 I urge my colleagues to support and reaffirm ficult to fight. From this experience, I am our unwavering friendship with the Israeli peo- now better able to understand the war in Af- Ms. RICHARDSON. Mr. Speaker, I rise ple, and congratulate Israel on this memorable ghanistan and the reason to why it is such a today as a cosponsor of H. Res. 1276, which occasion. non-traditional war. The religious and cul- commemorates the first anniversary of the f tural differences and the thousands of famil- Serve America Act. For the last year, the ial tribes in Afghanistan make continuity Serve America Act has been promoting serv- THE CONGRESSIONAL YOUTH AD- nearly impossible with Americans to Af- ice to help meet national challenges, expand VISORY COUNCIL: A LEGACY OF ghans, and even Afghans to Afghans. Thank opportunities to serve, and support social in- SERVICE you, Sergeant Goins and all other members of the U.S. Military for everything you do to novation. The Serve America Act is a historic protect our country. For it is because of you milestone for national service, but signing the HON. SAM JOHNSON that we can live the life we do. I am thankful bill is just the beginning—we need every OF TEXAS to add, Sergeant Goins’ duty ended on American to rise to this national call to service. IN THE HOUSE OF REPRESENTATIVES Thanksgiving Day of 2009, and he returned I thank Chairman MILLER for his leadership home shortly after, injury free.—Laura in bringing this bill to the floor. I also thank Monday, April 26, 2010 Schuller. him for sponsoring this legislation and taking Mr. SAM JOHNSON of Texas. Madam f the time to chronicle the crucial achievements Speaker, I ask my fellow colleagues to join me RICHARD C. SCHAEFFER, JR. of the Serve America Act. in congratulating the 2009–2010 Congres- Mr. Speaker, last year President Obama sional Youth Advisory Council. This year 45 signed into law the Edward M. Kennedy Serve students from public, private, and home HON. C.A. DUTCH RUPPERSBERGER America Act, the most sweeping expansion schools in grades 9 through 12 made their OF MARYLAND and strengthening of national service in a gen- IN THE HOUSE OF REPRESENTATIVES voices heard and made a difference in their eration. The strong bipartisan support for this communities, their country and their Congress. Monday, April 26, 2010 legislation was a testament to the proven im- These students volunteered their time, effort, Mr. RUPPERSBERGER. Madam Speaker, I pact of national service and the widespread and talent to inform me about the important rise before you today to honor Mr. Richard recognition that service is a solution to tough issues facing their generation. As young lead- Schaeffer, Jr., for a distinguished 40-year ca- challenges. There is strong momentum for cit- ers within their communities and their schools, reer with the Federal Government. izen service—volunteering increased last year these students boldly represent the promise A graduate from Catholic University of to the highest level since 2003, AmeriCorps and the hope we all have for their very bright America, Schaeffer holds a Bachelor of applications continue to increase on a yearly future. Science degree in Electrical Engineering. His basis, and the service field is experiencing a President Ronald Reagan said, ‘‘Freedom is participation in the Intelligence Fellows Pro- wave of new innovation and collaboration. In never more than one generation away from gram, National Senior Cryptologic Course, and California, last year 230,000 individuals of all extinction. We didn’t pass it to our children in Executive Development Seminar provided a ages and backgrounds helped meet local the bloodstream. It must be fought for, pro- sound base for his future achievements. needs, strengthen communities, and increase

VerDate Nov 24 2008 06:08 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K26AP8.014 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E657 civic engagement through 366 projects state- objects discarded in his Overtown neighbor- Mr. Young is survived by his long-time com- wide. This year, the Corporation for National hood. Because of his great talent, he received panion, Eddie Mae Lovest, four daughters, and Community Service, the organization im- international recognition. Kenyatta, Kentranice, Taketha and Elisha, and plementing the Serve America Act, will commit Born February 2, 1943 in Miami’s Liberty 13 grandchildren. In addition, he is survived by over $75 million to support California commu- City to Vera Mae Wright, Mr. Young learned two sisters, Betty Rodriguez and Shirley Byrd, nities through national service initiatives. the art of drawing as a young boy watching and a brother, Irvin Byrd. The Serve America Act has empowered in- his maternal Uncle Irving who was a figurative Madam Speaker, I ask you and all the dividuals, nonprofits, state governments, and artist. He picked up his first paintbrush at the members of this esteemed legislative body to local communities to address our nation’s age of 20. Mr. Young attended school up to join me in recognizing the extraordinary life most pressing challenges through service. The the 8th grade during which time he swam at and accomplishments of Dr. Purvis Young. I significant progress already made since the Dixie Park (now called Gibson Park) and he am honored to pay tribute to Mr. Young for his passing of this legislation, and the attitude of was invited to paint a mural on the Overtown invaluable services and tireless dedication to selflessness that it has promoted make it en- Library, adjacent to the pool. With the guid- the South Florida arts community. Mr. Young’s tirely fitting that we take this time to honor and ance of two of Miami-Dade Public Library Sys- life was a triumph and he will be missed by all commemorate the first anniversary of the tem’s finest, Barbara Young (Librarian Curator who knew him. I appreciate this opportunity to Serve America Act. Thanks to the leadership of the Permanent Collection, Art Services and pay tribute to him before the United States of the President, the bipartisan support of Exhibitions Programs) and Margarita Cano House of Representatives. Congress, new authorities under the Serve (Administrator of Community Relations), Mr. f Young buried himself amongst the books, hun- America Act, historic funding for programs, gry for knowledge that could explain the world CAREGIVERS AND VETERANS and a growing consensus that service is a so- to him. OMNIBUS HEALTH SERVICES ACT lution, we stand at the dawn of a new era of For the first 50 years of his life, Mr. Young service in America. remained within the county lines of Miami. It SPEECH OF Mr. Speaker, I urge my colleagues to join was not until his 6th decade that he traveled me in supporting H. Res. 1276. HON. LAURA RICHARDSON to other states and cities and learned that he OF CALIFORNIA f was famous, a fact he missed while art deal- IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE SERVICE OF ers encouraged him to seclude himself in his Wednesday, April 21, 2010 studio. A self-taught artist, Mr. Young enjoyed THE 100TH BATTALION, 442ND Ms. RICHARDSON. Mr. Speaker, I rise REGIMENTAL COMBAT TEAM telling the story of how he turned his life around in the mid-1960s by painting vibrant today in support of S. 1963, the ‘‘Caregivers AND THE MILITARY INTEL- and Veterans Omnibus Health Services Act of LIGENCE SERVICE murals and conceptualizing mixed-media ex- pressionist works. He said he found his calling 2009,’’ which will finally give our brave men after serving a prison term for breaking and and women in uniform the benefits they de- HON. TOM McCLINTOCK entering when an angel told him, ‘‘This is not serve and provide their families and caregivers OF CALIFORNIA your life.’’ with the support that they need. Too many of IN THE HOUSE OF REPRESENTATIVES Mr. Young completed most of his work at our veterans return home—many of them wounded or disabled—after risking their lives Monday, April 26, 2010 night and created exquisite, thoughtful art from garbage he plucked off the streets of on our behalf and do not receive adequate Mr. MCCLINTOCK. Madam Speaker, I rise Overtown. Environmentally conscious and un- health care or benefits. Too many families fall today to recognize the brave individuals who willing to contribute to further deforestation, into debt as they assume the responsibility of served in the Military Intelligence Service and Mr. Young’s ‘‘canvases’’ were made of recy- caring for a loved one who has returned from the Army’s 100th Battalion, 442nd Regimental cled products including found wood, discarded Iraq or Afghanistan. This bill will right these in- Combat Team (RCT)—the most decorated library books, old political posters, used fur- justices. unit for its size and length of service in the niture and various surplus items from con- I thank Chairman FILNER for his leadership history of the U.S. military. These patriotic struction sites. He painted with latex, acrylic, in bringing this bill to the floor. I also thank the Americans, many of whom came from Placer enamel, and combinations of new paint blend- sponsor of this legislation, Senator AKAKA, for County, California, served at a time when ed with old paint that he had for 25 years or working hard to ensure that our Nation’s dedi- many of their families were interned in camps more. His work was famous for intensely col- cation to its veterans matches their selfless far from their homes. ored urban landscapes, drawings and mixed- devotion to this country. I am proud that the people of Placer County media constructions. Mr. Speaker, representing a district that is have partnered with the Japanese American Today, Mr. Young’s work is in more than 60 home to over 24,000 veterans and the VA Citizens League to create a permanent memo- public collections and numerous private Medical Center of Long Beach, I understand rial commemorating the Americans of Japa- ones—in 2006 alone he had six exhibitions. the work that must be done to uphold our Na- nese ancestry who served in the U.S. military His work hangs in The Bass Museum of Art tion’s obligation to its veterans. Unfortunately, during World War II. The memorial includes a (Miami); American Folk Art Museum (New for years the health care services provided for 36-foot compass laid in concrete to symbolize York); The Corcoran Gallery of Art (Wash- our Nation’s veterans have been inadequate. the journey of the 442nd RCT located on Go ington, D.C.); High Museum of Art (Atlanta): Veterans’ families have been especially over- For Broke Road, which is named in honor of Lowe Art Museum (University of Miami); Mu- burdened by this failure. When wounded or the unit’s motto. seum of Fine Arts (Houston); New Orleans disabled veterans return home from overseas, As our community moves into the second Museum of Art; Philadelphia Museum of Art; family members often become their primary phase of this project, I congratulate everyone the Smithsonian American Art Museum among caregivers. However willing these individuals involved and thank them for their ongoing ef- many. On December 24, 2006, the Sun-Senti- may be to care for their loved one, the truth forts to honor those individuals who risked and nel’s Emma Trelles named the Boca Raton is that family members often lack the re- sacrificed so much in defense of our great Na- Museum of Art’s Purvis Young exhibition #1 in sources or skills needed to provide the care tion and the ideals for which we stand. the art category for the year in South Florida. that our veterans deserve. S. 1963 will provide f Several of his works are part of the permanent training and financial assistance to family collection of the Smithsonian American Art caregivers, so that veterans’ families can af- HONORING MR. PURVIS YOUNG Museum. ford to provide them with quality care. ‘‘Purvis was one of the great geniuses of In addition, S. 1963 will improve health care HON. KENDRICK B. MEEK American art, a remarkable figure,’’ said Jac- for female veterans. For too long, female vet- OF FLORIDA quelyn Serwer, chief curator of the erans have lacked access to comprehensive IN THE HOUSE OF REPRESENTATIVES Smithsonian’s National Museum of African health care. We cannot stand for this kind of American History and Culture, which breaks discrimination. S. 1963 will break down this Monday, April 26, 2010 ground in 2012. ‘‘He wasn’t particularly nur- barrier and give female veterans access to Mr. MEEK of Florida. Madam Speaker, I rise tured, yet was driven to do this work. He was health professionals specializing in the specific to pay tribute to the late Mr. Purvis Young, just one of those people who was born with health care needs of women. Among many one of South Florida’s most storied artists. He this extraordinary vision and stayed true to it, other things, the bill will provide counseling transformed a troubled life with brush strokes, producing work that had a kind of mythical and care to female veterans suffering from painting the joys and sorrows of his people on quality to it.’’ sexual trauma.

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.042 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS E658 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 2010 This bill will also provide an array of new The Academy was founded in 1859 by Fa- Benjamin Hooks knew that the fight would health services for veterans, ensuring that ther Thomas J. Dalton, Pastor of St. Patrick never end, as long as injustice remained in every veteran has access to the care that he Parish in Grass Valley as a school for the this world. When he left the NAACP in 1992, or she deserves. The bill will expand care for growing Nevada County area. The Academy the membership who believed along with him, veterans in rural areas, because where vet- has served as an orphanage, a finishing fought along with him, and who join me in erans live should never determine the quality school for girls, a high school, and a grade mourning his loss, had grown by hundreds of of care that they receive. It will improve mental school. Today the school offers kindergarten thousands of Americans. health support for veterans, because we must through eighth grade education. His service to his country and to the NAACP respond to traumatic experiences that our men As our community gathers to celebrate this was not the birth of his activism. Even as a and women in uniform are braving in Iraq and auspicious occasion, I am proud to recognize young man, Benjamin Hooks fought for equal- Afghanistan. Finally, this legislation will help 150 years of service and excellence and thank ity. homeless veterans find housing, because it is those who have worked to keep the Academy Hooks served in the Army during World War simply unacceptable for our veterans to risk open and thriving. II, guarding prisoners of war. In his hometown their lives for our country and return home to f of Memphis, these prisoners would have more live on the streets. rights than he did. So Hooks began fighting for Mr. Speaker, our men and women in uni- COMMEMORATING 40TH those whose rights had been left behind. form have assumed the responsibility of pro- ANNIVERSARY OF EARTH DAY For 16 years, he practiced law in Memphis, tecting us and the values that we cherish as became a minister and served as the first Afri- SPEECH OF American citizens; we, then, have a responsi- can American criminal court judge in the state bility to them. We must provide them with sup- HON. BEN RAY LUJA´ N of Tennessee. port they need to live healthy and financially OF NEW MEXICO During his tenure at the FCC, Hooks stable lives upon returning home. This bill will IN THE HOUSE OF REPRESENTATIVES pushed for more minority leadership of media outlets. Minority employment in broadcasting do just that. I strongly urge my colleagues to Wednesday, April 21, 2010 join me in supporting S. 1963. grew from 3 percent to 15 percent during his ´ f Mr. LUJAN. Madam Speaker, it would be tenure, according to the Associated Press. easy to get depressed on Earth Day, when the After retiring from the NAACP, Hooks HONORING THE STATE CHAMPION challenges to saving the world just seem to stressed that wealthy and middle-class African BOLIVAR CENTRAL HIGH SCHOOL keep growing. Americans should give time and resources to BOYS BASKETBALL TEAM Still, right in Santa Fe’s backyard, people those who are less fortunate. He served as are making strides simple and ambitious to pastor of Middle Baptist Church and president HON. MARSHA BLACKBURN live lighter on the Earth. of the National Civil Rights Museum, both in OF TENNESSEE That is what the Santa Fe New Mexican Memphis. He also taught at the University of IN THE HOUSE OF REPRESENTATIVES said today on Earth Day. Memphis. And that is where we are making a dif- His lifetime work was so critical to the Civil Monday, April 26, 2010 ference—with efforts large and small. Rights movement that in 2007, Hooks re- Mrs. BLACKBURN. Madam Speaker, I ask We have groups like Santa Fe Youth- ceived the nation’s highest honor, the Presi- my colleagues to join me today in congratu- works—building homes that use less energy dential Medal of Freedom, from President lating the Bolivar Central High School boy’s and empowering at risk students. George W. Bush. basketball team for winning the 2010 Class Families are caulking their home and using So today, it is with a heavy heart that I AA State Championship. more energy efficient light bulbs. mourn the loss of an American leader and leg- Less than a year removed from the state Too often we miss signs of progress amidst end, Mr. Benjamin Hooks. semifinals, Bolivar Central High School faced the great work that remains to be done like f off against their league rivals at Middle Ten- taking on climate change, diminishing energy nessee State University on March 20, 2010 for resources, and polluted lands and water. But COMPREHENSIVE IRAN SANC- the State championship. After hundreds of every day each of us can, and must, make a TIONS, ACCOUNTABILITY, AND hours of practice and hard work the Tigers difference toward a cleaner world. DIVESTMENT ACT OF 2009 were rewarded as they secured the school’s f third Class AA state championship in a 72–62 HON. JOE BACA HONORING THE LIFE AND win over Liberty. OF CALIFORNIA ACHIEVEMENTS OF REV. BEN- This recognition reflects a dedication to IN THE HOUSE OF REPRESENTATIVES practice, their teammates and their unrelenting JAMIN LAWSON HOOKS Monday, April 26, 2010 commitment to excellence. The team building SPEECH OF skills acquired by working together through the Mr. BACA. Madam Speaker, I rise to sup- highs and lows of the season will benefit these HON. ELIJAH E. CUMMINGS port the passage of the Comprehensive Iran young men for a lifetime of success. OF MARYLAND Sanctions, Accountability and Divestment Act. Madam Speaker, please join me in thanking IN THE HOUSE OF REPRESENTATIVES The Government of the Islamic Republic of the parents, Coach Rick Rudesill, faculty of Iran, if allowed on its present course, is well Tuesday, April 20, 2010 Bolivar Central High School and again con- on its way to obtaining nuclear capability. Ex- gratulating the members of the 2010 State Mr. CUMMINGS. Mr. Speaker, I rise today perts say it could be in the possession of a Championship team. I am sure this is not the in support of H. Res. 1271 and to mourn the nuclear weapon in less than a year. last we will hear from this talented group of loss of the former president of the National Since 1995, several U.S. regulations have young men. Association for the Advancement of Colored been enacted to pressure Iran’s economy, cur- f People (NAACP), Mr. Benjamin L. Hooks. tail its nuclear advancement and curb the gov- Mr. Hooks led the NAACP at a time when ernment’s support for jihadist militant groups. RECOGNIZING THE 150TH ANNIVER- civil rights legislation began to have its great- They have not been adhered to; no firms have SARY OF ST. MARY’S ACADEMY est impact. The vote had been secured, equal yet been sanctioned. facilities were legally required and the right to This legislation will pressure persons vio- HON. TOM McCLINTOCK an equal education had finally been confirmed lating Iran Sanction acts and other accom- OF CALIFORNIA through court action. plices of the National Guard in pursuing ura- IN THE HOUSE OF REPRESENTATIVES Benjamin Hooks had already seen the ben- nium enrichment and oppressing religious and efits of the fight for civil rights that he helped human rights. Monday, April 26, 2010 lead. Before taking over the NAACP, Hooks Nuclear terrorism is one of the greatest Mr. MCCLINTOCK. Madam Speaker, I rise was President Nixon’s choice to head the Fed- threats to American security. Safeguarding nu- today to recognize the 150th anniversary of eral Communication Commission as that clear materials from terrorists is absolutely crit- St. Mary’s Academy in Grass Valley, Cali- body’s first Black commissioner. ical to international peace and stability. fornia. Since its first day, St. Mary’s has pro- So, when he took over at the NAACP, many This legislation provides the much needed vided outstanding educational opportunities to believed the fight was over and the impact of teeth and Presidential authority necessary to the children of Nevada County. the NAACP had declined. deter this regime’s nuclear intentions. Timing

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.044 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E659 is crucial, for this reason it must be passed back a rush of nostalgia because it was here petitive sectors. These include the country’s today. I became a proud father for the first time be- traditional strongholds such as IT, agri- fore I even got my doctoral degree. It was culture, and healthcare as well as other f also at Harvard when I was cloistered for emerging industries like green energy, THE FUTURE OF TAIWAN long hours in the Law School Library, or de- biotech, tourism and the cultural creative bating with fellow classmates and professors, industries. However, the growing trend to- that I was able to broaden my understanding wards regional integration among economic HON. DAN BURTON of the world, and hone my skills as a scholar, powerhouses in East Asia, like Japan, main- OF INDIANA intellectual and eventually a leader. I also land China, South Korea and the ASEAN IN THE HOUSE OF REPRESENTATIVES feel nostalgic on a deeper level. When I think countries, is threatening to marginalize Tai- of a long litany of historic events, figures, wan’s heavily export-driven economy. As Monday, April 26, 2010 and institutions: John Hay’s Open-Door Pol- such, my administration has been seeking to Mr. BURTON of Indiana. Madam Speaker, I icy, Boxer Rebellion, American Indemnity institutionalize economic relations with rise today to share with my colleagues a re- Scholarships for China, with all its recipi- mainland China and diversify our export cent speech by the President of the Republic ents, like Hu Shih and Chien Shih-Liang, markets and products so that Taiwan will Tsinghua University, Yenching University, of China, ROC, Taiwan, discussing his coun- not only avoid being cut off from the global May Fourth Movement, Flying Tigers, Pearl economy but also enhance its international try’s future. I have been a longtime supporter Harbor, John Leighton Stuart, 1949, Korean competitiveness. Therefore, we have been of Taiwan and hope that my colleagues and I War, United States-Republic of China Mu- pushing hard for an Economic Cooperation will continue to improve relations not only be- tual Defense Treaty, Fairbank Center, the Framework Agreement (ECFA) with the tween the United States and Taiwan but be- Quemoy and Matsu Crisis, Cultural Revolu- mainland that will serve as a critical struc- tween Taiwan and the international commu- tion, Shanghai Communique´, Taiwan Rela- tural platform for economic interaction be- nity. All Americans should be proud that Tai- tions Act, mainland China’s Reform and tween the two sides. On top of intellectual Open Policy, U.S. arms sales to Taiwan and property rights protection and investment wan and the United States have enjoyed a so on, I cannot help but think of the far- strong and durable relationship. Taiwan is one guarantee, the framework will include an reaching impact that America has had on early harvest package of goods and services of our largest trading partners and the cultural China’s, and later on Taiwan’s, convoluted to enjoy zero custom tariffs. The negotia- exchanges between our two peoples are as vi- path to modernization. I cannot help but tions are already underway and expect to brant as they have ever been. Taiwan has think my time at Harvard was not only a conclude in the next few months. We have stood shoulder to shoulder with the United personal academic journey, but also a micro- also established government programs that States to combat the scourge of global ter- cosm reflecting a people’s long search for a will cushion potential shocks to industries rorism; and the people of Taiwan have always modern nation. and workers, especially small- and medium- given generously in our greatest times of need II. WEALTH, POWER AND DEMOCRACY sized enterprises. Although some assert that with monetary contributions to the Twin Tow- The late venerable Benjamin Schwartz, signing the ECFA with mainland China will compromise our sovereignty, this is defi- ers Fund, Pentagon Memorial Fund and who as you know had been a prominent member of the Fairbank Center, described in nitely not the case. The top priority of my through the offer of humanitarian assistance to the life of Yen Fu that the evolution of mod- administration has always been the principle victims of Hurricane Katrina. Taiwan and the ern China has been a journey in search of of ‘‘putting Taiwan first for the benefit of United States are not merely allies; we are wealth and power. Given the rise of mainland the people.’’ The truth of the matter, ECFA friends and partners in the truest sense of the China’s economic power and military will spearhead Taiwan’s return to the accel- words. strength over the last thirty years, it seems erated track for economic integration in Recently, President Ma Ying-jeou of the that it has achieved those goals to a consid- Asia-Pacific and beyond. This without a ROC, Taiwan, took part in a video conference erable degree. However, I believe a society doubt will strengthen Taiwan’s capabilities to enhance its competitive edge in the global with the Fairbank Center for Chinese Studies that is truly modernizing should not be lim- ited to wealth and power but must also in- market and brighten its outlook for negoti- at Harvard University to discuss Taiwan’s vi- clude the foundations for freedom and de- ating similar arrangements with other coun- sion for the future. I ask unanimous consent to mocracy. tries. include a copy of President Ma Ying-jeou’s For it is only through the active participa- IV. CROSS-STRAIT RAPPROCHEMENT AND speech into the CONGRESSIONAL RECORD. And tion and free choice of one’s citizens that FLEXIBLE DIPLOMACY I urge my colleagues to read the remarks be- government truly serves the welfare of the In the pursuit of power my administration cause whatever the future holds of Taiwan, I people; only then can a government sustain, is not merely seeking military strength but believe that the people of Taiwan deserve to and a nation thrive. So I am proud to say more importantly to build up our soft power. that the Republic of China on Taiwan has in have a voice in shaping that future. In fact, the heart of my foreign policy is to fact achieved all these three pillars. The reestablish mutual trust with all our major THE QUEST FOR MODERNITY—SPEECH BY MA ROC has since become a thriving nation with international partners, especially the United YING-JEOU, PRESIDENT, REPUBLIC OF CHINA a robust economy, viable military and a States. In achieving this goal, my adminis- AT FAIRBANK CENTER, HARVARD UNIVER- truly open and vibrant democracy. With so tration has worked incessantly to transform SITY—APRIL 6, 2010 much already achieved the roadmap of my the Taiwan Straits from a major flashpoint President Ma Ying-jeou took part this administration is quite straightforward: into a conduit for regional peace and pros- morning in a video conference with the namely to strengthen the foundation of perity. Therefore, in order to resume con- Fairbank Center for Chinese Studies at Har- these three pillars so as to safeguard the fu- structive dialogue with the mainland after a vard University. The conference was mod- ture of Taiwan’s posterity, and to share with hiatus of over a decade, we first announced erated by Dr. William Kirby, Director of the mainland China our values and way of life. in 2008 the policy of ‘‘No Unification, No Fairbank Center. Harvard University presi- III. COMING OUT OF RECESSION Independence, No Use of Force’’ so as to dent Drew G. Faust opened the conference My administration came into office two maintain the status quo across the Taiwan with a videotaped talk in which she wel- years ago in the midst of a global economic Strait under the framework of the Republic comed President Ma to the video conference. crisis, so it’s not an exaggeration that we of China’s 1946 Constitution, This break- After the moderator’s opening remarks, definitely ‘‘hit the ground running.’’ Since through was further advanced under the President Ma followed with a speech entitled then we have worked relentlessly to revi- framework of the 92 Consensus of ‘‘one ‘‘The Quest for Modernity.’’ Thereafter, pro- talize Taiwan’s economy. By taking meas- China, respective interpretations’’ that was fessors Steven M. Goldstein, David Der-Wei ures such as guaranteeing 100% bank depos- reached by the two sides in November 1992. Wang, William P. Alford each posed a few its, substantially lowering interest rate in That is now deemed a feasible formula by questions to the president. This was followed seven instances, investing 16 billion US dol- government leaders across the Taiwan Strait by a Q&A session in which the president lars in domestic infrastructure in 5 years, as well as many in the wider world commu- fielded questions from members of the audi- distributing 2.7 billion U.S. dollars worth of nity. We have also adopted a policy of Flexi- ence. As the conference was drawing to a shopping vouchers, and providing emergency ble Diplomacy and pursued a diplomatic close, President Ma gave a short closing assistance for the underprivileged, my ad- truce with the mainland, which has by and statement. ministration has successfully brought the large ended the vicious cycle of diplomatic Prof. Kirby, Prof. Goldstein, Prof. Alford, economy out of the downturn after a year warfare between the two sides. This will as- Prof. Wang, Prof. Su Chi, Ambassador Yuan, and a half. Now we expect to create about a suredly foster responsible stakeholdership in Director General Hung, Dear faculty mem- quarter of a million jobs to bring the unem- both Taiwan as well as the mainland. At the bers, students, distinguished guests, ladies ployment rate below 5% and GDP growth up same time, we are working equally hard to and gentlemen: Good Evening! to 4.72% this year. Job creation will remain enhance Taiwan’s meaningful participation I. NOSTALGIA ABOUT HARVARD our top priority, especially those in the in and contribution to the international It heartens me to be once again addressing green energy sector. With carbon reduction community. This will be achieved through the excellent faculty and student body of in mind, we are now ambitiously promoting our strong initiative to develop Taiwan’s Harvard University. This moment brings innovation across all of Taiwan’s most com- green technology and healthcare industries

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A26AP8.047 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS E660 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 2010 in conjunction with our foreign aid policies. tinue to be a cornerstone of my presidency, ing rapprochement with the Chinese main- For example, under the Flagship Program which I am determined to carry through in land, my administration has committed the for Green Energy Industry, we will be build- my capacity as the President of the country. Republic of China on Taiwan to becoming a ing up Taiwan’s industrial base in green I will assuredly not waver from the path in dependable and valuable contributor to this technology especially in Photo voltaic solar laying the foundations of a true democracy. international system. In my visit abroad last cells and LED. This will not only benefit our In fact, next year in 2011 will be the Centen- month, I kept saying to our friends or to the people and economy, but more importantly, nial Anniversary of the Republic of China. overseas Taiwanese and to members of my Taiwan will be able to share its resources Against the background of thousands of delegations, that what I tried to do as far as and expertise with our allies and friends. On years of Chinese history, the last century my country’s foreign relations is concerned my visit to our Pacific island allies last was in some ways merely a comma. But from is to make Taiwan a respectable member of month, I was proud to survey firsthand the a larger perspective, it was nothing short of the international community. I want every work that Taiwan has done for some of the an exclamation mark, as it has been 100 Taiwanese when they walk in the streets of countries in the area. For example, Taiwan years of struggle; 100 years of experimen- New York, of Paris, of Sydney, of Beijing has installed and provided solar energy tech- tation and 100 years of education before a that they are respected. People will say they nology to the Solomon Islands in hopes of people learned that they too have the un- are from Taiwan, and that Taiwan is a re- improving the environment and livelihoods equivocal rights to life, liberty and the pur- spectful country in the world. Some in my of their people. Taiwan has also set up an suit of happiness. This nation-building proc- domestic audience may disagree with me, impressive medical mission in the Marshall ess undoubtedly was achieved through the but I firmly believe that this is the right Islands to treat the high prevalence of cata- collective efforts of countless dedicated indi- path for Taiwan to avoid being marginalized racts sufferers. In fact, our government will viduals who traversed between tradition and from the forward march of the rest of the boost the overall effectiveness of our medical modernity that helped bridge the East to the world. However, we will not merely con- aid by initiating many more medical and West so many years ago. Inevitably, this centrate on our own interests but equally public health missions that will target spe- made it possible for a people to aspire to the apply our resources in hopes of having a cific conditions and diseases common among same democratic values as you cherish. positive impact on the world community. In the people of the Pacific island allies and From the chaos arising out of the turn of the fact, under this system that the United friends. At the same time, after Taiwan ef- 20th century, to the founding of the first re- States started over half a century ago, we, as fectively controlled the spread of the H1N1 public in Asia in 1912 and its evolution for- a whole, ought to be able to right what has Flu within our own borders, with a mortality ward in 1949 when the Republic of China Gov- gone wrong; to unite as one humanity rate of 2 deaths per million, which is only 1/ ernment moved to Taiwan, in 1987 when Tai- against the global crises that threatens all 3 of the average for OECD countries, I am wan lifted martial law, launched its demo- that we hold dear, whether climate change, proud to report that Taiwan will also be giv- cratic transformation, and subsequently al- the global economic downturn, the risk of ing away locally manufactured vaccines lowed Taiwan residents to visit their rel- pandemics, or the wars that endanger the worth 5 million US dollars to other countries atives on the mainland, in 1996 when people peace of our world. In the end, we are the in need. Taiwan’s search and rescue teams on Taiwan directly elected its president for only ones that can overcome the challenges were also one of the first on the scenes when the first time, and in 2000 and 2008 when the we face. And in such an important partner- Haiti was hit by a devastating earthquake presidential elections further consolidated ship, I am confident Taiwan will be there to live up to its responsibilities. earlier this year. In addition to donating $16 Taiwan’s democracy through two rotations million worth in aid and funds, our govern- of power between political parties, the pas- f sage of these 100 years has irrevocably trans- ment is also planning to set up medical and THE CONGRESSIONAL YOUTH AD- vocational training centers to train for hun- formed the foundations of a political culture. dreds of medical and skilled workers, and Distinguished faculty members and students, VISORY COUNCIL: A LEGACY OF build 1,200 housing units. Also, as a sign of ladies and gentlemen, as the elected presi- SERVICE Taiwan’s flourishing civil society, World Vi- dent of the Republic of China, I will continue sion Taiwan has collected countless small to strive toward forging Taiwan into an ex- HON. SAM JOHNSON donations from our people that will be suffi- emplary democracy; one that will be a source of inspiration and emulation for gen- OF TEXAS cient to feed and save more than 8,000 home- IN THE HOUSE OF REPRESENTATIVES less Haitian children and orphans. However, erations to come. Thank you. my administration realizes humanitarian re- Monday, April 26, 2010 Dear distinguished faculty, students and lief is only a small part of the long and chal- friends; it is my great pleasure to hold this Mr. SAM JOHNSON of Texas. Madam lenging road to full recovery. This is why we teleconference with you. Your questions and Speaker, I ask my fellow colleagues to join me hope to continue the work we have started in comments are very good, and some are very in congratulating the 2009–2010 Congres- integrating the advances we make in tough to answer, but in thinking and answer- healthcare and green technology into our sional Youth Advisory Council. This year 45 ing these questions you force me to think foreign aid framework, so that Taiwan can students from public, private, and home deeper and strive harder on the challenges truly make a meaningful difference in the schools in grades 9 through 12 made their that confront the road ahead. countries we help. Although today’s conference is near an voices heard and made a difference in their V. THE UNIVERSAL VALUE OF FREEDOM AND end, I am heartened by the thought that our communities, their country and their Congress. DEMOCRACY friendship will continue to grow as there is These students volunteered their time, effort, However, coming back full circle, the still so much we need to do, together. The and talent to inform me about the important search for a modern nation cannot merely lie international system that the US forged out issues facing their generation. As young lead- upon the pillars of wealth and power. It is of the devastation of World War II 65 years ers within their communities and their schools, only under a true democracy that one’s citi- ago has today become the enduring founda- these students boldly represent the promise zens can live without fear according to the tion of our global village. Being rule-based and the hope we all have for their very bright law, and share in the burdens as well as ben- and sufficiently flexible, this system encour- efits of good governance. Although Taiwan ages positive-sum international cooperation future. has made impressive sociopolitical progress rather than zero-sum inter-state conflict. President Ronald Reagan said, ‘‘Freedom is over the last decades, it is still a young de- Hence, it changed the underlying dynamics never more than one generation away from mocracy. So, as firm champions for democ- of the world order that made it possible for extinction. We didn’t pass it to our children in racy, my administration will work to countries, big or small, to prosper together. the bloodstream. It must be fought for, pro- strengthen the democratic infrastructure of As a matter of fact, my idea to seek rap- tected, and handed on for them to do the my country. Already we are taking tangible prochement with the mainland find some same, or one day we will spend our sunset steps to enhance Taiwan’s rule of law and similarities with the ideas espoused by the years telling our children and our children’s protection of human rights in conformity American leaders in having soft talks with with international standards. In the past the Soviet Union and to have de´tente. In children what it was once like in the United year, we have ratified the International Cov- other words, to replace confrontation with States where men were free.’’ enant on Civil and Political Rights (ICCPR) negotiations; to solve international disputes To ensure that the blessing of freedom is and the International Covenant on Eco- through peaceful means. It is this very sys- passed from one generation to the next, the nomic, Social and Cultural Rights (ICESCR), tem that has interlocked the world into a members of the CYAC spent time interviewing both administered by the United Nations. In community of thriving interdependence, giv- a veteran and documenting the experience for converting these covenants into domestic ing rise to the possibility where foes can the ‘‘Preserving History Project.’’ Today I’m law, they will certainly strengthen the turn into friends, where every country can proud to submit the brief summaries provided human rights of our citizenry and further be a winner and every contribution become so the patriotic service of our dedicated vet- consolidate our rule of law. Furthermore, I part of a greater picture. came to power on the promise of combating This is also the system from which I draw erans and the thoughtful work of the CYAC corruption in elections and government, my inspiration to lead my country, particu- may be preserved for antiquity in the CON- whereby we have already made meaningful larly in dealing with the mainland. In taking GRESSIONAL RECORD. A copy of each sub- progress. Without a doubt this goal will con- a responsible stake in the world, and in seek- mitted student summary follows.

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.050 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E661 To each member of the Congressional by my constituents in New Mexico as well as in power do not concede anything to others Youth Advisory Council, thank you for making by those throughout the Southwest and in freely, so we have to equip ourselves and do this year and this group a success. It is not a Guam are denied by the government because for ourselves based on the principles of un- coincidence that this congressional tribute they lacked documentation from decades be- conditional love.’’ celebrates two generations of service. Each of fore. This legislation makes it easier for people Aided by the strength and talents of his you is trusted with the precious gift of free- to access the compensation they deserve. wonderful wife, the late Dr. Weptanomah dom. The Americans who worked in uranium Carter, his son and co-Pastor, Dr. Harold A. You are the voices of the future and I salute mines were serving our Nation every day, but Carter, Jr., and a dedicated congregation that you. God bless you and God bless America. were unaware of the extreme danger they has grown to number in the thousands, New For the Preserving History project, I inter- were in. It is time to recognize these heroes Shiloh is, indeed, equipping its community to viewed my World Geography teacher, Coach of the Cold War and provide them with fair move forward on empowering principles. Baley. Ryan Patrick Baley served in the US. and equitable compensation for their suffering. Every day, people from the neighborhood Army as an E4 Specialist in the Infantry. He We can never fully compensate these Ameri- can find inspiration and opportunity in its was gunner for a Bradley crew and also a cans for what they have lost—there is no com- beautiful church and Family Life Center, its driver for a first Sergeant. Baley also guard- School of Music, Theological Center, Child ed the DM2 in South Korea. He accomplished pensation for the loss of a loved one. More than 50 years later, too many of these Ameri- Development Center and other facilities. his patriotic duty for our country. From this These accomplishments of the congrega- cans are no longer with us. We have ignored interview, I gained more of an appreciation tion’s ‘‘Social Gospel’’ mission are important towards those who serve and risk their lives their plight for too long. It is time to correct this aspects of Dr. Carter’s vision—but they are far for our country. This experience allowed me long overdue wrong for those still with us. to realize that the soldiers that perform from the end. Already underway are plans for I encourage my colleagues to consider and technical training for the community, a Com- their duty have dedicated so much, so that support this legislation. our nation is ensured protection as well as puter Center, a Senior Center and Senior having the principles we as citizens believe f Housing. in set forward and fought for. Baley believes DR. HAROLD A. CARTER, SR.: A Madam Speaker, it is more appropriate, that, ‘‘the U.S. military organization is the LEGACY OF PRINCIPLE AND FAITH under our constitutional system, for me to greatest organization and only two have died leave it to others to commend Dr. Carter for for others: Jesus and the soldiers of the the other wonderful ministers whom he has U.S.A.’’ Hence, there is no other army in the HON. ELIJAH E. CUMMINGS trained—including my own minister, Bishop world that resembles the U.S. Army; every- OF MARYLAND Walter S. Thomas, Sr. one who serves this patriotic duty deserves a IN THE HOUSE OF REPRESENTATIVES Others are better qualified than I to attest to great amount of appreciation from every United States citizen for each individual Monday, April 26, 2010 the lasting importance of Dr. Carter’s spiritual writings. strength put forward for our country, the Mr. CUMMINGS. Madam Speaker, I rise to United States of America.—Ginu Scaria. However, I have been honored to serve as honor a great American and true leader—Dr. a spokesman for the Congressional Black f Harold A. Carter, Sr. Caucus to our nation’s faith communities— INTRODUCTION OF THE RADIATION His is a vision and a mission—grounded in and, in that duty, I have gained a thorough un- EXPOSURE COMPENSATION ACT the Civil Rights Movement of the 1960s—that derstanding of ‘‘faith-based initiatives’’ that are AMENDMENT OF 2010 has compelling importance for our Nation working. today. A part of what my teacher and friend, Dr. HON. BEN RAY LUJA´ N More than a half-century ago, when Dr. Harold A. Carter, Sr., has taught me is that Carter was still a young man in Selma, Ala- OF NEW MEXICO the inspiration for ‘‘faith-based’’ programs that bama, Dr. Ralph Abernathy and, then, Dr. IN THE HOUSE OF REPRESENTATIVES work cannot be found in a strategy to transfer Martin Luther King, Jr., both offered Harold public responsibility for greater social equity to Monday, April 26, 2010 Carter his first opportunities to speak to their the faith centers of our country. Mr. LUJA´ N. Madam Speaker, I am proud to congregations as a newly ordained minister. Rather, that motivating force must first arise introduce the Radiation Exposure Compensa- ‘‘I was a young college student and they from the hearts and minds of people of faith tion Act Amendment of 2010. More than 50 wanted to give me a boost from the begin- themselves. years ago, Americans throughout the South- ning,’’ Dr. Carter observed in a 2005 article This, I submit, is why Dr. Harold A. Carter, west took jobs mining and refining raw ura- written by Mr. Sean Yoes of the Baltimore Sr., should stand as an example for all of our nium. These individuals, looking to provide for AFRO American. citizenry—whatever our respective faith tradi- their families and creating a stable future for Madam Speaker, it was a strong, inspiring tions may be. their children, are an important part of the his- and enduring ‘‘boost,’’ indeed. This same vi- This, I believe, is what Dr. Carter means tory of the 20th Century and the Cold War. sionary foundation has inspired Dr. Carter when he speaks of how our local communities Unfortunately, they were unknowingly endan- throughout his ministry—both in the mission to must undertake greater responsibility for them- gering their own lives by working in poorly proclaim the Gospel to which he had been selves and their neighbors—and how they ventilated mine shafts with little to no protec- called and in the ‘‘Social Gospel’’ work of his must equip themselves for opportunity. tive equipment. After they left work, they re- faith. Unlike other ‘‘mega-churches’’ that have left turned home to their families where their This year, Dr. Carter celebrates 45 years as the inner cities of our Nation, New Shiloh Bap- clothes, covered in yellow cake uranium, were the principal shepherd of Baltimore’s New Shi- tist Church has followed Dr. Carter’s vision for washed along with that of their loved ones. loh Baptist Church. his congregation. It has constructed its foundation on an un- Sadly, the pursuit of the American Dream In his own words, he is above all ‘‘a God wavering commitment to the people of our ended with tragedy for many of the miners ex- man,’’ the primary trustee of his congrega- urban community. tion’s spiritual life. posed to uranium. Many of them fell ill from As we in government seek to construct a Yet, at a time when our urban areas are in the radiation they were exposed to at work in new and more comprehensive ‘‘national urban the mines. Some people who had never danger of crumbling under the stress of dec- policy,’’ we would do well to take note. stepped foot in a mine fell victim to the same ades of disinvestment, Dr. Carter and his New Dr. Carter and his congregation have in- illnesses due to wind patterns that carried this Shiloh Congregation also offer the people of vested millions of dollars in the New Shiloh dangerous source of energy. As these Ameri- Baltimore both hope and a concrete plan for Village and surrounding community. cans mined for a resource vital to the Nation’s social and economic renewal. ‘‘This is where the people are, and this is security, too many of them made the ultimate A past leader of Baltimore’s chapter of the where the need is,’’ he has observed. ‘‘The sacrifice. Southern Christian Leadership Conference wave of Maryland’s future development—and This Congress now has the opportunity to and the local chapter of the Poor People’s the nation’s—lies in the [inner] cities.’’ right this wrong. By extending the Radiation Campaign, Dr. Carter has readily acknowl- Madam Speaker, for all of these reasons, I Exposure Compensation Act to Americans ex- edged Dr. King’s influence upon his vision for have come before you and this House today posed to radioactive uranium by wind patterns community renewal as an integral element of to commend to our Nation’s attention the vi- or after the current cutoff in 1971 or those with his New Shiloh ministry. sion, wisdom and mission of an inspired man. newly recognized conditions, we can finally ‘‘I learned from him that we have to take re- During his decades of service, Dr. Harold A. come to terms with the dark legacy of Amer- sponsibility for our condition, whatever that Carter, Sr., has earned our Nation’s praise for ica’s nuclear policy. Too many RECA claims might be,’’ Dr. Carter once observed. ‘‘People a lasting legacy of principle and faith.

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.052 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS E662 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 2010 His is a vision that all Americans would do Achyut Patil, Ajay Raikhelkar, Alex Austin, A native of Great Britain, Roland currently well to pay heed. Brittany Duong, Cecilia Yocham, Connor resides in Pascagoula. He has two grown chil- f Rawls, David Choi, Jentry Lanza, Jessica Lin, dren and enjoys travelling and meeting people Joanna Fritsche, Juliana Park, Kevin Thomas, of different cultures. ZANE ERIC CLARK Kibaek Ryu, Louis Spanias, Marlene Garcia- I congratulate Roland on his retirement and Neuer, Richa Date, Michael Okada, Nafisah thank him for his diligent service to the energy HON. SAM GRAVES Ahmad, Nikhita Pakki, Rizwan Ahmad, Robert industry, particularly in the great State of Mis- OF MISSOURI Wiley, Roopa Krishnaswamy, Sagar sissippi. May he have many joyous days to IN THE HOUSE OF REPRESENTATIVES Patwardhan, Samantha Pfotenhauer, Sean pursue his personal hobbies and interests! Monday, April 26, 2010 Magruder, Selena Kuo, Sherry Zhao, Tiffany f Dayton, Tina Cai and Xandy Peterson. Mr. GRAVES. Madam Speaker, I proudly f COMMEMORATING THE 95TH ANNI- pause to recognize Zane Eric Clark. Zane is a VERSARY OF THE ARMENIAN very special young man who has exemplified TRIBUTE TO MR. ROLAND KELL GENOCIDE the finest qualities of citizenship and leader- ON THE OCCASION OF HIS RE- ship by taking an active part in the Boy Scouts TIREMENT AS GENERAL MAN- of America, Troop 87, and earning the most AGER OF CHEVRON’S PASCA- HON. JERRY F. COSTELLO prestigious award of Eagle Scout. GOULA REFINERY OF ILLINOIS Zane has been very active with his troop, IN THE HOUSE OF REPRESENTATIVES participating in many scout activities. Over the HON. GENE TAYLOR Monday, April 26, 2010 decade that Zane has been involved with OF MISSISSIPPI Mr. COSTELLO. Madam Speaker, yester- scouting, he has not only earned numerous IN THE HOUSE OF REPRESENTATIVES day I had the distinct pleasure of attending a merit badges, but also the respect of his fam- Monday, April 26, 2010 memorial service at St. Gregory the Illuminator ily, peers, and community. Most notably, Zane Mr. TAYLOR. Madam Speaker, today I Church in Granite City, Illinois, to commemo- has contributed to his community through his rate the 95th Anniversary of the Armenian Eagle Scout project. Zane organized and con- would like to pay tribute to Mr. Roland Kell on his retirement with thirty-eight years of service Genocide. It was a very moving event and I structed picnic tables and laid down land- want to thank the parishioners at St. Gregory’s scaping tiles for the playground area of First within the oil industry and to his ongoing sup- port of the State of Mississippi. for their hospitality, friendship and tremendous Baptist Church of Cameron, Missouri. contributions to our region. I stand with them Madam Speaker, I proudly ask you to join He began his career at Gulf Oil’s Milford in affirming that the Armenian Genocide was me in commending Zane Eric Clark for his ac- Haven Refinery in 1972 filling various roles in- genocide, and I continue to support this formal complishments with the Boy Scouts of Amer- cluding technical services, planning and eco- recognition by the United States. I have again ica and for his efforts put forth in achieving the nomics and operations supervision, transfer- cosponsored legislation, H. Res. 252, that highest distinction of Eagle Scout. ring in the late 1970s to Gulf Oil’s U.S. oper- ation. would take this step and I urge House leader- f Roland was then assigned to Pembroke ship to bring it up for consideration this year. CONGRATULATING CORONA DEL Cracking Company, a partnership between I fully understand the concern that this ac- SOL’S 2010 WE THE PEOPLE TEAM Texaco Limited and Gulf Oil (Great Britain) tion brings with it. Despite the clear historical Limited, where he supervised various commis- record, the general agreement among geno- HON. HARRY E. MITCHELL sioning activities. This assignment was fol- cide scholars and the recognition of this event as genocide by 20 other countries, we con- OF ARIZONA lowed by an appointment as Manager, Oper- tinue to be told that our relationship with Tur- IN THE HOUSE OF REPRESENTATIVES ations, Pembroke Cracking Company, prior to joining Texaco as General Manager, Pem- key will be irrevocably harmed by endorsing Monday, April 26, 2010 broke Cracking Company. this position. I support and appreciate our rela- Mr. MITCHELL. Madam Speaker, I rise Roland Kell was appointed to his current po- tionship with Turkey, and am certain it will today to recognize the inspiring performance sition, General Manager, Chevron’s continue to prosper in the future. Moreover, I of Corona del Sol High School in this year’s Pascagoula Refinery, in July 2002. Before believe recognizing the Armenian Genocide national ‘‘We the People’’ competition. I share coming to Pascagoula, Roland served as the will allow the delicate relationship between Ar- the pride from around our Congressional Dis- Vice-President of ChevronTexaco’s Europe menia and Turkey to grow ultimately stronger. trict and the state of Arizona that this impres- and West Africa manufacturing, supply and I do not advocate taking this action as a sive and hard-working team hails from our trading business. From 1997–2001 he was means of discrediting the Turkish people. It is community. General Manager of ChevronTexaco’s Pem- simply recognition that this tragic event oc- After winning the Arizona state title for the broke Refinery in Wales. curred, and it honors the fate of the 1.5 million second year in a row, Corona del Sol’s ‘‘We Following the aftermath of Hurricane Katrina Armenians who died as well as the great resil- the People’’ team advanced to compete for in 2005, Chevron under Roland’s leadership iency of the Armenian people. Our inaction on the national title in Washington, D.C. In prepa- was recognized as one of the driving forces this matter lets no one move forward, and ration for the national event, the Corona team that formed partnerships with the local com- sends the message that we will ignore accept- spent months diligently learning about Amer- munities and State to help ensure successful ed truths for political purposes. ican political institutions, democracy and ex- recovery paths. While under his direction, Madam Speaker, there will never be a con- amining the contemporary relevance of the Chevron’s Pascagoula Refinery has secured venient time to officially recognize the Arme- Constitution and Bill of Rights. As a high approval and commenced construction of var- nian Genocide. But there is never a wrong school government teacher for 28 years, I am ious major expansions that have employed time to do the right thing. In this case, the gratified to see students delve deeper and be- thousands from across the States of Mis- truth will indeed set us free and allow us to come passionate about government, citizen- sissippi, Alabama, and Louisiana. grow deeper bonds with Turkey and Armenia, ship and public service. In Jackson County, Roland serves on the together, in the decades ahead. Let us not Their poise and eloquence in answering the board of directors of the Jackson County Eco- wait any longer. complex questions asked during the national nomic Development Foundation. He is a mem- f and state competitions demonstrated the ber of the Gulf Coast Business Council and team’s vast knowledge of constitutional prin- the Mississippi Gulf Coast Community College REGARDING H. RES. 1193, H. RES. ciples and patience. District Workforce Council. On the State level, 1220, H. RES. 1255, AND H. RES. 1287 I am truly privileged to share in the celebra- he serves on the State Workforce Investment tion of such an excellent and driven team. Board. He also serves on the Industrial Advi- HON. ZOE LOFGREN Their commitment and perseverance has paid sory Board for the University of South Ala- OF CALIFORNIA off and should serve as an inspiration for all. bama College of Engineering. IN THE HOUSE OF REPRESENTATIVES I have no doubt that all members of the team Roland graduated from Leeds University, will continue to make Arizona proud in their fu- UK, in 1972 with an Honours Degree in Monday, April 26, 2010 ture endeavors. Chemical Engineering and is a Chartered En- Ms. ZOE LOFGREN of California. Madam Madam Speaker, I am honored to congratu- gineer and a Member of the Institute of Chem- Speaker, I rise along with my colleague Con- late Corona del Sol’s ‘‘We the People’’ team: ical Engineers. gressman BONNER to provide, pursuant to

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K26AP8.019 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E663 Rule 7(g) of the Rules of the Committee on other five Members—for whom both the Com- and House rules. In a unanimous and bipar- Standards of Official Conduct, a statement of mittee and OCE recommended dismissal. Ac- tisan manner, the Committee concluded the the Chair and Ranking Republican Member re- cordingly, the Committee concluded that the evidence presently before the Committee mer- garding H. Res. 1193, H. Res. 1220, H. Res. matters of the two other Members should also ited dismissal of all seven matters. The Com- 1255, and H. Res. 1287. be dismissed. mittee’s action to date does not preclude fu- The House has referred H. Res. 1193, H. In reaching its unanimous conclusion, the ture Committee action related to these matters Res. 1220, H. Res. 1255, and H. Res. 1287 Committee relied not only on the findings pro- should new information warranting action be- to the Committee for its consideration. We ac- vided by OCE, but its own investigation. Dur- come available. knowledge the referral of those resolutions. If ing the course of its investigation in this mat- f adopted, the resolutions would have required ter, the Committee’s staff reviewed close to the Committee to report to the House regard- one-quarter of a million pages of documents. HONORING JAMES E. LYNCH AND ing aspects of its investigation ‘‘In the Matter The Committee investigation covered more CARLION J. ELDRIDGE of Allegations Relating to the Lobbying Activi- than 40 companies with ties to PMA. OCE’s ties of Paul Magliocchetti and Associates findings included summaries of interviews with HON. DALE E. KILDEE Group, Inc. (PMA).’’ Although the resolutions five Members’ offices. The Committee inves- OF MICHIGAN were not adopted, we are responding to ex- tigation included interviews with 33 Members’ IN THE HOUSE OF REPRESENTATIVES pand further upon the Committee’s previous offices. The Committee investigation involved Monday, April 26, 2010 public statements regarding its investigation in interviews with chiefs of staff, military legisla- this matter. tive aides, other Members’ staff, and Appro- Mr. KILDEE. Madam Speaker, I rise today The outside Office of Congressional Ethics, priations Committee staff. In reaching its con- to pay tribute to Illustrious Potentate Noble OCE, after investigation, concluded that mat- clusions, the Committee relied on the totality James E. Lynch and Illustrious Commandress ters for five Members regarding the PMA mat- of this large magnitude of information. Daughter Carlion J. Eldridge as they are hon- ter should be dismissed. After review, the As in other investigations, although the ored at the 2nd Annual Oman Temple/Oman Committee concurred with the outside ethics Committee has discussed in general terms the Court Unity Ball on Saturday, May 1st in Sagi- office. The Committee concluded that the mat- scope of its investigation, it did not address naw Michigan. ters of two other Members should also be dis- more specific details of various investigative James E. Lynch Graduated from Sophia missed because the facts regarding those steps taken by the Committee. To do so would High School in Sophia, West Virginia in 1966. Members’ actions were not different from compromise the investigative capabilities of He worked for General Motors Buick Motor Di- those of the five Members for whom both the the Committee in this and future matters by vision for 39 years as a production worker. Committee and OCE concluded dismissal was chilling voluntary cooperation. Requiring the Married to the late Crystal Mae Johnson for 34 appropriate. The Committee’s action to date disclosure of the details of any investigative years, they had four children: Dawn, Felicia, does not preclude future Committee action re- body’s activities would damage its ability to Cassandra and James; and seven grand- lated to these matters should new information conduct its activities. Ethics investigations, in children. James has served as Junior Warden warranting action become available. particular, rely not only upon subpoenas, but of the John W. Stevenson Lodge Number 56, The Committee publicly released a 305- upon voluntary cooperation. Success in such as a member of the Saginaw Valley Consis- page report that discusses the scope of the an investigation usually comes because peo- tory Number 71, and Illustrious Potentate of Committee’s work in the PMA matter, as well ple connected to the matter choose to cooper- Oman Temple Number 72 for the year 2010. as the basis for the Committee’s bipartisan ate with the investigators and volunteer infor- Carlion J. Eldridge completed Charles Stew- and unanimous conclusions. This report is mation. In many cases, their decision to co- art Mott College Nursing Program and cur- available to the House and the public on the operate is based, in part, on their belief that rently works at Maplewood Manor in Clio, Committee’s Web site, at http://eth- their identity or the details of their cooperation Michigan serving the elderly. She is married to ics.house.gov/. As noted in that report, the will not be publicly disclosed. James F. Eldridge and their children are: Por- Committee’s investigation during a nine-month Moreover, disclosing specific investigative tia, David, Jamille, Isaac, Laetrile, Lakshea, period included extensive document reviews steps taken in the PMA matter could com- Lovell, and Victor. The Oman Temple Number and interviews with numerous witnesses. As a promise any ongoing criminal investigations; 72 has bestowed the title of Illustrious result of its own investigation and OCE’s harm the ability of the Committee to inves- Commandress Daughter on her for this year. seven separate reports and findings, the Com- tigate any additional allegations of wrongdoing Madam Speaker, I ask the House of Rep- mittee—whose Members include equal num- in this or related matters; discourage those resentatives to rise with me and applaud the bers of Democrats and Republicans—unani- who might bring credible allegations to the charity, enthusiasm and dedication of these mously determined that the evidence presently Committee in the future from doing so; and two individuals. I pray their year of service to before the Committee merited dismissal of all chill the voluntary cooperation of those called Oman Temple is a tremendous success. seven matters. before the Committee in various investiga- f The information reviewed by the Committee tions. included statements from all seven Members. Prior to the House referral of the resolutions IN RECOGNITION OF CAPTAIN ROB- Summaries of interviews with five Members to the Committee, on February 26, 2010, the ERT R. O’BRIEN JR., COM- were included in OCE’s findings, which the Committee unanimously voted to release a MANDER OF THE UNITED Committee chose to publish. Since the Com- public report in the PMA matter. By a unani- STATES COAST GUARD SECTOR mittee agreed with OCE’s recommendation mous and bipartisan vote, the Committee con- NEW YORK that those five matters should be dismissed, cluded that, based upon the totality of current the Committee was not required to publish any information gathered during a nine-month in- HON. JERROLD NADLER statement or OCE’s reports and findings in vestigation, no House Member or employee OF NEW YORK those matters, but did so because of the violated provisions of the Code of Official Con- IN THE HOUSE OF REPRESENTATIVES unique circumstances of this matter and in the duct or laws, rules, regulations, or other stand- Monday, April 26, 2010 interests of public disclosure and trans- ards of conduct applicable to his or her con- parency. duct in the performance of his or her duties or Mr. NADLER of New York. Madam Speaker, In addition, the Committee sought state- the discharge of his or her responsibilities re- I rise today to recognize and commend Cap- ments from Representatives TIAHRT and VIS- lating to proposed appropriations requests and tain Robert R. O’Brien Jr., Commander of the CLOSKY to respond specifically to allegations activities of PMA. United States Coast Guard Sector New York, about their conduct. Both Members provided In addition, we note that policy decisions— on his 40 years of distinguished service. the Committee with statements through coun- whether about the current appropriations proc- After leaving a Roman Catholic seminary in sel, and the Members certified under penalty ess, including earmarks, or about the cam- 1970, Captain O’Brien chose to enlist in the of perjury to the truth of those statements. paign finance system—are not within the juris- United States Coast Guard. While enlisted, he Both statements are available, in their entirety, diction of the Committee. Whether these poli- served on the USCGC Laurel before joining in the Committee’s public report. Based in part cies should be changed is a subject that Group Fort Macon as a small boat coxswain. on those statements, the Committee found no should be taken up in the appropriate venue. In 1976, he was assigned as Officer-in-Charge evidence to conclude that the facts regarding The task before the Committee in the PMA of the USCGC Blackberry at Oak Island, North Representatives TIAHRT and VISCLOSKY dif- matter was to determine whether House Mem- Carolina. Upon his promotion to Chief Boat- fered substantially from the facts regarding the bers and staff complied with the current law swain’s Mate in 1979, he was transferred to

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.055 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS E664 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 2010 the largest Aid-to-Navigation Team in the At- ganization, interpersonal relationships, and life and achievements of Dr. Benjamin Lawson lantic Area as the Officer-in-Charge. In 1980, communication were extremely critical to the Hooks’’ introduced by my distinguished col- he was again promoted to Chief Warrant Offi- successful accomplishment of the Marine league from Michigan, Representative CON- cer as the Commanding Officer of the Aid-to- Corps Office of Legislative Affairs’ mission. YERS. Navigation Team for the Long Island Sound Her achievements and ability to get the job Dr. Benjamin Lawson Hooks was a civil where he worked to ensure the safety of all done have been understated but always effec- rights leader and served as the Executive Di- nautical vessels by maintaining the integrity of tive and noteworthy. While serving in the Liai- rector of the National Association for the Ad- the Long Island Sound’s navigation systems. son office, Sergeant Evitts was able to de- vancement of Colored People (NAACP) from Captain O’Brien received his commission as velop and execute legislative strategy for the 1977 to 1992. Dr. Hooks graduated with a Lieutenant in 1983. In 1999, he was assigned United States Marine Corps that was instru- bachelor’s degree from Howard University, a to the Marine Safety Office in Memphis, Ten- mental in creating a fiscal and policy land- juris doctor degree from DePaul University nessee as the Commanding Officer. He left for scape conducive to training and equipping the College of Law, and received an honorary Washington, DC in 2002 to serve as the Coast Nation’s most elite fighting force, ensuring doctorate from Central Connecticut State Uni- Guard Liaison to the Navy’s Military Sealift their success on the battlefield. She routinely versity. He held professional memberships Command where he performed a dual role as turned broad guidance into action which ener- with the American Bar Association, National direct representative of the NMSC and staff gized the Office of Legislative Affairs and Bar Association, Tennessee Bar Association, member of G–MOC. In 2003, he was pro- members of Congress alike. Her actions al- Southern Christian Leadership Conference, moted to Captain and assumed command of lowed the Marine Corps to engage members the Tennessee Council on Human Relations, the Marine Safety Office in Hampton Roads of Congress and their staffs, directly facilitating and Omega Psi Phi Fraternity, Inc. After pass- before becoming commander of the Sector the increased emphasis on improving Con- ing the Tennessee Bar, he established his Hampton Roads in 2005. On June 15, 2006, gressional relationships—a cornerstone of own law practice. Captain O’Brien became Commander of Sec- CMC’s strategic vision. Dr. Hooks served as a distinguished adjunct tor New York making him responsible for mis- The Marine Corps House of Representa- professor for the Political Science Department sions such as search and rescue, law enforce- tives Liaison Office that Sergeant Evitts leaves at the University of Memphis. In 1996, the ment, maintenance of Aids-to-Navigation, and behind is functional and responsive, highly in- Benjamin L. Hooks Institute for Social Change ship inspections. Most importantly, he worked tegrated, and favors a proactive legislative was established at the University of Memphis. each and every day to ensure the safety and strategy. While leading the House Liaison Of- The Benjamin L. Hooks Institute is a public security of the port and citizens of New York. fice through the extraordinary challenges as- policy research center supporting the urban Throughout his career, Captain O’Brien has sociated with Operation Enduring Freedom, research mission, and honoring Hooks’ many diligently upheld his commitment to the Coast Operation Iraqi Freedom and the ongoing years of leadership in the American Civil Guardsman’s Creed. He is the recipient of Global War on Terror, she concurrently en- Rights Movement. The Hooks Institute also multiple Meritorious Service Medals, Coast sured that a myriad of daily Congressional emphasizes social movements, race relations, Guard Commendation Medals, and Coast communications, taskings and events were ex- strong communities, public education, effective Guard Commandant’s Letter of Commendation ecuted flawlessly. During Sgt. Evitt’s four public participation, and social and economic Ribbons. He also holds the Coast Guard years as the Non-Commissioned Officer, she justice. Cutterman, Surfman, and Coxswain pins as accomplished the full spectrum of the Marine Dr. Hooks was ordained as a Baptist min- well as the Officer-in-Charge Afloat, Officer-in- Corps’ legislative mission. She exemplified the ister in 1956, and he preached regularly at the Charge Ashore, and Command Ashore insig- candor and knowledge that we have come to Greater Middle Baptist Church in Memphis. He nias. expect from the Marine Corps and she played joined the Southern Christian Leadership Con- For 40 years, his leadership and commit- a key role in maintaining superb relationships ference along with Dr. Martin Luther King, Jr. ment to the Coast Guard have helped to pre- between the Marine Corps and the House of Dr. Hooks became a pioneer of NAACP-spon- serve the safety of our Nation’s shores. Representatives. sored restaurant sit-ins and other boycotts of Throughout her tour, Sgt. Evitts effectively Madam Speaker, I ask my colleagues to join consumer items and services. responded to several thousand congressional me in thanking and congratulating Captain In 1965, Dr. Hooks was appointed by Gov- inquires, many of which gained national level O’Brien on his long and venerable service in ernor Frank G. Clement as the first African attention. During her time on Capitol Hill, Sgt. the United States Coast Guard. American criminal court judge in the Shelby Evitts successfully planned, coordinated and f Criminal Court. In 1966, he would later cam- escorted over 50 international and domestic paign for and win a full term to the same judi- ON THE OCCASION OF SERGEANT Congressional and Staff Delegations. Her de- cial office that he had been appointed to due JENNIFER EVITTS’ TRANSFER tailed coordination with foreign government of- to a vacancy. In 1972, President Richard FROM THE UNITED STATES MA- ficials, U.S. State Department, and senior mili- Nixon appointed Dr. Hooks to be one of the RINE CORPS LIAISON OFFICE tary officials ensured that each delegation was five commissioners to the Federal Commu- conducted professionally. Her attention to de- nications Commission, FCC. As a member, he HON. GENE TAYLOR tail and anticipation of requirements allowed addressed the lack of minority ownership of Representatives to focus on fact-finding and television and radio stations, the minority em- OF MISSISSIPPI gleaning new insights that informed critical de- IN THE HOUSE OF REPRESENTATIVES ployment statistics for the broadcasting indus- cisions to support the people of the United try, and the image of African Americans in Monday, April 26, 2010 States. Due to her professionalism, dedication mass media. Dr. Hooks served as a producer Mr. TAYLOR. Madam Speaker, today I rec- and keen knowledge, Sgt. Evitts became the and host for several local television shows in ognize and pay tribute to Sergeant Jennifer most sought after military escort for delega- Memphis. Evitts, United States Marine Corps, on the oc- tions conducting Congressional travel. The Dr. Hooks’ honors and awards include the casion of her transfer from the liaison office. I, time she has spent supporting Members of the NAACP Spingarn Medal for outstanding and many other members of this chamber, House has been truly noteworthy. She has achievements made by an African American, have had the pleasure of working with her made lasting contributions to the House of receiving the Presidential Medal of Freedom over the past three years that she has served Representatives. from President George W. Bush in November as part of Headquarters U.S. Marine Corps f of 2007, and he was inducted into the Inter- Office of Legislative Affairs and as the Con- HONORING THE LIFE AND national Civil Rights Hall of Fame at the Dr. gressional Liaison Non-Commissioned Officer ACHIEVEMENTS OF REV. BEN- Martin Luther King, Jr. National Historic Site of the U.S.M.C. Liaison Office in the U.S. JAMIN LAWSON HOOKS on January 12, 2008. The Memphis Library House of Representatives. Branch is also named in his honor. The Sergeant Evitts distinguished herself SPEECH OF NAACP later created the Benjamin L. Hooks through exceptional meritorious service while HON. SHEILA JACKSON LEE Distinguished Service Award, which is award- serving as the Non-Commissioned Officer of ed to persons for their efforts in implementing OF TEXAS Legislative Affairs. Every day she served in di- policies and programs which promote equal IN THE HOUSE OF REPRESENTATIVES rect support of not only the Marine Corps Of- opportunity. fice of Legislative Affairs but in direct support Tuesday, April 20, 2010 So it is with great pride and admiration that of every member of Congress, every Marine Ms. JACKSON LEE of Texas. Mr. Speaker, we honor Dr. Benjamin Lawson Hooks as a and every American. Her keen abilities in or- I rise to support H. Res. 1271 ‘‘Honoring the great civil rights leader, and as a successful

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.057 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E665 businessman, judge, lawyer, and minister. He shall be available to eligible candidates Commerce, Science, and Transportation has fought triumphantly for the rights of Afri- before the general election, H.R. 1454, Surface Transportation and Merchant Ma- can Americans and made great contributions to provide for the issuance of a Multi- rine Subcommittee national Species Conservation Funds to the African American community. To hold an oversight hearing to examine Semipostal Stamp, H.R. 1345, to amend motor carrier safety efforts. f title 5, United States Code, to elimi- SR–253 nate the discriminatory treatment of SENATE COMMITTEE MEETINGS 1 p.m. the District of Columbia under the pro- Conferees Title IV of Senate Resolution 4, visions of law commonly referred to as Meeting of conferees on H.R. 2194, to the ‘‘Hatch Act’’, H.R. 2092, to amend agreed to by the Senate on February 4, amend the Iran Sanctions Act of 1996 to the National Children’s Island Act of enhance United States diplomatic ef- 1977, calls for establishment of a sys- 1995 to expand allowable uses for King- tem for a computerized schedule of all man and Heritage Islands by the Dis- forts with respect to Iran by expanding meetings and hearings of Senate com- trict of Columbia, S. 3066, to correct economic sanctions against Iran. mittees, subcommittees, joint commit- the application of the Non-Foreign SVC–210/212 tees, and committees of conference. Area Retirement Equity Assurance Act 2 p.m. of 2009 (5 U.S.C. 5304 note) to employees Health, Education, Labor, and Pensions This title requires all such committees To resume hearings to examine Elemen- to notify the Office of the Senate Daily paid saved or retained rates, H.R. 3978, to amend the Implementing Rec- tary and Secondary Education Act Digest—designated by the Rules Com- ommendations of the 9 11 Commission (ESEA) reauthorization, focusing on mittee—of the time, place, and purpose Act of 2007 to authorize the Secretary standards and assessments. of the meetings, when scheduled, and of Homeland Security to accept and SD–430 any cancellations or changes in the use gifts for otherwise authorized ac- 2:30 p.m. meetings as they occur. tivities of the Center for Domestic Pre- Homeland Security and Governmental Af- As an additional procedure along paredness that are related to prepared- fairs with the computerization of this infor- ness for and response to terrorism, S. Contracting Oversight Subcommittee Res. 481, expressing the sense of the mation, the Office of the Senate Daily To hold an oversight hearing to examine Senate that public servants should be contract management at the Centers Digest will prepare this information for commended for their dedication and for Medicare and Medicaid Services. printing in the Extensions of Remarks continued public service to the Nation SD–342 section of the CONGRESSIONAL RECORD during Public Service Recognition Appropriations on Monday and Wednesday of each Week, May 3 through 9, 2010, S. 3200, to Financial Services and General Govern- week. designate the facility of the United ment Subcommittee Meetings scheduled for Tuesday, States Postal Service located at 23 To hold hearings to examine the Presi- Genesee Street in Hornell, New York, dent’s proposed budget estimates for April 27, 2010 may be found in the Daily as the ‘‘Zachary Smith Post Office fiscal year 2011 for the Commodity Fu- Digest of today’s RECORD. Building’’, S. 3012 and H.R. 4425, bills to tures Trading Commission and for the designate the facility of the United Securities and Exchange Commission. MEETINGS SCHEDULED States Postal Service located at 2– 116th Street in North Troy, New York, SD–138 APRIL 28 as the ‘‘Martin G. ’Marty’ Mahar Post Judiciary 10 a.m. Office’’, H.R. 4214, to designate the fa- To hold hearings to examine the nomina- Appropriations cility of the United States Postal Serv- tions of Robert Neil Chatigny, of Con- Energy and Water Development Sub- ice located at 45300 Portola Avenue in necticut, to be United States Circuit committee Palm Desert, California, as the ‘‘Roy Judge for the Second Circuit, and John To hold hearings to examine a national Wilson Post Office’’, S. 2945 and H.R. A. Gibney, Jr., to be United States Dis- assessment of energy policies, focusing 3250, bills to designate the facility of trict Judge for the Eastern District of on significant achievements since the the United States Postal Service lo- Virginia. 1970s and an examination of U.S. en- cated at 1210 West Main Street in SD–226 ergy policies and goals in the coming Riverhead, New York, as the ‘‘Private Energy and Natural Resources decades. First Class Garfield M. Langhorn Post Public Lands and Forests Subcommittee SD–124 Office Building’’, H.R. 3634, to des- To hold hearings to examine S. 1241, to Health, Education, Labor, and Pensions ignate the facility of the United States amend Public Law 106–206 to direct the Business meeting to consider the nomi- Postal Service located at 109 Main Secretary of the Interior and the Sec- nations of Joshua Gotbaum, of the Dis- Street in Swifton, Arkansas, as the retary of Agriculture to require annual trict of Columbia, to be Director of the ‘‘George Kell Post Office’’, H.R. 4624, to permits and assess annual fees for com- Pension Benefit Guaranty Corporation, designate the facility of the United mercial filming activities on Federal and Eduardo M. Ochoa, of California, to States Postal Service located at 125 land for film crews of 5 persons or be Assistant Secretary of Education for Kerr Avenue in Rome City, Indiana, as fewer, S. 1571 and H.R. 1043, bills to pro- Postsecondary Education. the ‘‘SPC Nicholas Scott Hartge Post vide for a land exchange involving cer- SD–430 Office’’, S. 3013 and H.R. 4628, bills to tain National Forest System lands in Homeland Security and Governmental Af- designate the facility of the United the Mendocino National Forest in the fairs States Postal Service located at 216 State of California, S. 2762, to des- Business meeting to consider an original Westwood Avenue in Westwood, New ignate certain lands in San Miguel, bill entitled, ‘‘Fire Grants Reauthor- Jersey, as the ‘‘Sergeant Christopher Ouray, and San Juan Counties, Colo- ization Act of 2010’’, S. 2782, to provide R. Hrbek Post Office Building’’, and rado, as wilderness, S. 3075, to with- personal jurisdiction in causes of ac- the nominations of Todd E. Edelman, draw certain Federal land and interests tion against contractors of the United Milton C. Lee, Jr., and Judith Anne in that land from location, entry, and States performing contracts abroad Smith, all to be an Associate Judge of patent under the mining laws and dis- with respect to members of the Armed the Superior Court of the District of Forces, civilian employees of the Columbia, Dana Katherine Bilyeu, of position under the mineral and geo- United States, and United States cit- Nevada, and Michael D. Kennedy, of thermal leasing laws, S. 3185, to require izen employees of companies per- Georgia, both to be a Member of Fed- the Secretary of the Interior to convey forming work for the United States in eral Retirement Thrift Investment certain Federal land to Elko County, connection with contractor activities, Board, and Dennis P. Walsh, of Mary- Nevada, and to take land into trust for S. 3167, to amend title 13 of the United land, to be Chairman of the Special the Te-moak Tribe of Western Sho- States Code to provide for a 5-year Panel on Appeals, and any pending cal- shone Indians of Nevada, and H.R. 86, term of office for the Director of the endar business. to eliminate an unused lighthouse res- Census and to provide for authority SD–342 ervation, provide management consist- and duties of the Director and Deputy Armed Services ency by incorporating the rocks and Director of the Census, S. 3249, to Personnel Subcommittee small islands along the coast of Orange amend the Robert T. Stafford Disaster To hold hearings to examine military County, California, into the California Relief and Emergency Assistance Act compensation and benefits, including Coastal National Monument managed to reauthorize the predisaster hazard special and incentive pays, in review of by the Bureau of Land Management, mitigation program and for other pur- the Defense Authorization request for and meet the original Congressional in- poses, S. 3196, to amend the Presi- fiscal year 2011 and the Future Years tent of preserving Orange County’s dential Transition Act of 1963 to pro- Defense Program. rocks and small islands. vide that certain transition services SR–222 SD–366

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A26AP8.059 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS E666 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 2010 APRIL 29 2 p.m. MAY 6 Time to be announced Joint Economic Committee 10 a.m. Energy and Natural Resources To hold hearings to examine long-term Appropriations Business meeting to consider the nomi- unemployment, focusing on causes, Commerce, Justice, Science, and Related nation of Jeffrey A. Lane, of Virginia, consequences and solutions. Agencies Subcommittee to be Assistant Secretary of Energy for 210, Cannon Building To hold hearings to examine proposed Congressional and Intergovernmental 2:15 p.m. budget estimates for fiscal year 2011 for Affairs. Indian Affairs the Department of Justice. To hold hearings to examine S. 2802, to Room to be announced SD–192 settle land claims within the Fort Hall 9:30 a.m. 2:30 p.m. Reservation, S. 1264, to require the Sec- Armed Services Armed Services retary of the Interior to assess the irri- To receive a closed briefing on United SeaPower Subcommittee States policy towards Yemen and So- gation infrastructure of the Pine River To hold hearings to examine Navy ship- malia. Indian Irrigation Project in the State building programs in review of the De- SVC–217 of Colorado and provide grants to, and fense Authorization request for fiscal Appropriations enter into cooperative agreements Transportation, Housing and Urban Devel- with, the Southern Ute Indian Tribe to year 2011 and the Future Years Defense opment, and Related Agencies Sub- assess, repair, rehabilitate, or recon- Program. committee struct existing infrastructure, and S. SR–222 To hold hearings to examine proposed 439, to provide for and promote the eco- budget estimates for fiscal year 2011 for nomic development of Indian tribes by MAY 19 the Federal Railroad Administration furnishing the necessary capital, finan- 9:30 a.m. and the National Railroad Passenger cial services, and technical assistance Veterans’ Affairs Corporation (Amtrak). to Indian-owned business enterprises, To hold hearings to examine pending leg- SD–138 to stimulate the development of the islation. 10 a.m. private sector of Indian tribal econo- SR–418 Commerce, Science, and Transportation mies. Consumer Protection, Product Safety, and SD–628 MAY 25 Insurance Subcommittee 2:30 p.m. 9 a.m. To hold hearings to examine children’s Appropriations Armed Services privacy, focusing on new technologies Financial Services and General Govern- Airland Subcommittee and the Children’s Online Privacy Pro- ment Subcommittee Closed business meeting to markup those tection Act. To hold hearings to examine holding provisions which fall under the sub- SR–253 banks accountable, focusing on if committee’s jurisdiction of the pro- Banking, Housing, and Urban Affairs treasury and banks are doing enough to posed National Defense Authorization Economic Policy Subcommittee help families save their homes. Act for fiscal year 2011. To hold hearings to examine short- SD–192 termism in financial markets. SR–222 Foreign Relations 10:30 a.m. SD–538 To hold hearings to examine historical Health, Education, Labor, and Pensions Armed Services and modern context for United States- Readiness and Management Support Sub- To resume hearings to examine Elemen- Russian arms control. committee tary and Secondary Education Act SD–419 Closed business meeting to markup those (ESEA) reauthorization, focusing on Appropriations provisions which fall under the sub- meeting the needs of special popu- Legislative Branch Subcommittee committee’s jurisdiction of the pro- lations. To hold hearings to examine proposed posed National Defense Authorization SD–430 budget estimates for fiscal year 2011 for Act for fiscal year 2011. Judiciary the Library of Congress and the Open SR–485 Business meeting to consider S. 1346, to World Leadership Center. 2 p.m. penalize crimes against humanity and SD–138 Armed Services for other purposes, S. 657, to provide for Homeland Security and Governmental Af- Emerging Threats and Capabilities Sub- media coverage of Federal court pro- fairs ceedings, S. 446, to permit the tele- Oversight of Government Management, the committee vising of Supreme Court proceedings, Federal Workforce, and the District of Closed business meeting to markup those S. Res. 339, to express the sense of the Columbia Subcommittee provisions which fall under the sub- Senate in support of permitting the To hold hearings to examine developing committee’s jurisdiction of the pro- televising of Supreme Court pro- Federal employees and supervisors, fo- posed National Defense Authorization ceedings, S. 1684, to establish guide- cusing on mentoring, internships, and Act for fiscal year 2011. lines and incentives for States to es- training in the Federal government. SR–222 tablish criminal arsonist and criminal SD–342 3:30 p.m. bomber registries and to require the Intelligence Armed Services Attorney General to establish a na- To hold closed hearings to consider cer- Strategic Forces Subcommittee tional criminal arsonist and criminal tain intelligence matters. Closed business meeting to markup those bomber registry program, and the SH–219 provisions which fall under the sub- nominations of David B. Fein, to be committee’s jurisdiction of the pro- United States Attorney for the District MAY 5 posed National Defense Authorization of Connecticut, Paul Ward, to be Act for fiscal year 2011. 9:30 a.m. United States Marshal for the District SR–485 Veterans’ Affairs of North Dakota, Kimberly J. Mueller, 5 p.m. To hold an oversight hearing to examine to be United States District Judge for Armed Services traumatic brain injury (TBI), focusing the Eastern District of California, Personnel Subcommittee on progress in treating the signature Richard Mark Gergel, and J. Michelle Closed business meeting to markup those Childs, both to be United States Dis- wound of the current conflicts. provisions which fall under the sub- trict Judge for the District of South SR–418 committee’s jurisdiction of the pro- Carolina, Catherine C. Eagles, to be 10 a.m. posed National Defense Authorization United States District Judge for the United States Senate Caucus on Inter- Act for fiscal year 2011. Middle District of North Carolina, and national Narcotics Control Clifton Timothy Massanelli, to be To hold hearings to examine violence in SR–222 United States Marshal for the Eastern Mexico and Ciudad Juarez and its im- District of Arkansas. plications for the United States. MAY 26 SD–226 SD–124 9:30 a.m. 1 p.m. 2:30 p.m. Armed Services Finance Energy and Natural Resources SeaPower Subcommittee International Trade, Customs, and Global National Parks Subcommittee Closed business meeting to markup those Competitiveness Subcommittee To hold hearings to examine the Na- provisions which fall under the sub- To hold hearings to examine doubling tional Park Service’s implementations committee’s jurisdiction of the pro- United States exports, focusing on of the American Recovery and Rein- posed National Defense Authorization United States seaports. vestment Act. Act for fiscal year 2011. SD–215 SD–366 SR–485

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\M26AP8.000 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS April 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E667 2:30 p.m. MAY 27 MAY 28 Armed Services 9:30 a.m. 9:30 a.m. Closed business meeting to markup the Armed Services Armed Services proposed National Defense Authoriza- Closed business meeting to markup the Closed business meeting to markup the tion Act for fiscal year 2011. proposed National Defense Authoriza- proposed National Defense Authoriza- SR–222 tion Act for fiscal year 2011. tion Act for fiscal year 2011. SR–222 SR–222

VerDate Nov 24 2008 05:58 Apr 27, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\M26AP8.000 E26APPT1 smartinez on DSKB9S0YB1PROD with REMARKS Monday, April 26, 2010 Daily Digest Senate By 57 yeas to 41 nays (Vote No. 124), three-fifths Chamber Action of those Senators duly chosen and sworn, not having Routine Proceedings, pages S2605–S2671 voted in the affirmative, Senate rejected the motion Measures Introduced: Five bills and two resolu- to close further debate on the motion to proceed to tions were introduced, as follows: S. 3256–3260, S. consideration of the bill. Page S2622 Res. 500, and S. Con. Res. 60. Page S2642 Subsequently, Senator Reid entered a motion to reconsider the vote by which cloture was not in- Measures Reported: voked on the motion to proceed to consideration of H.R. 509, To reauthorize the Marine Turtle Con- the bill. Page S2622 servation Act of 2004. (S. Rept. No. 111–173) By 50 yeas to 31 nays (Vote No. 125), Senate H.R. 3537, to amend and reauthorize the Junior agreed to the motion to instruct the Sergeant at Duck Stamp Conservation and Design Program Act Arms to request the attendance of absent Senators. of 1994. (S. Rept. No. 111–174) Page S2626 S. Con. Res. 60, setting forth the congressional A unanimous-consent agreement was reached pro- budget for the United States Government for fiscal viding for further consideration of the motion to year 2011, revising the appropriate budgetary levels proceed to consideration of the bill at approximately for fiscal year 2010, and setting forth the appropriate 11 a.m., on Tuesday, April 27, 2010. Page S2664 budgetary levels for fiscal years 2012 through 2015. Nominations Received: Senate received the fol- Page S2642 lowing nominations: Measures Passed: Catherine E. Woteki, of the District of Columbia, Expressing Condolences Regarding the Tragedy to be Under Secretary of Agriculture for Research, at Tesoro Refinery: Senate agreed to S. Res. 500, Education, and Economics. expressing the sincere condolences of the Senate to Christopher A. Masingill, of Arkansas, to be Fed- the family, loved ones, United Steelworkers, fellow eral Cochairperson, Delta Regional Authority. workers, and the Anacortes community on the trag- Mary Minow, of California, to be a Member of the edy at the Tesoro refinery in Anacortes, Washington. National Museum and Library Services Board for a Page S2664 term expiring December 6, 2014. Routine lists in the Air Force, Army, and Navy. Measures Considered: Pages S2664–71 Restoring American Financial Stability Act— Messages from the House: Page S2641 Agreement: Senate resumed consideration of the mo- tion to proceed to consideration of S. 3217, to pro- Executive Communications: Pages S2641–42 mote the financial stability of the United States by Additional Cosponsors: Pages S2642–43 improving accountability and transparency in the fi- Statements on Introduced Bills/Resolutions: nancial system, to end ‘‘too big to fail’’, to protect Pages S2643–63 the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices. Additional Statements: Pages S2639–41 Pages S2611–37 Amendments Submitted: Pages S2663–64 A motion was entered to close further debate on Notices of Hearings/Meetings: Page S2663 the motion to proceed to consideration of the bill, Privileges of the Floor: Page S2664 and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a vote on clo- Quorum Calls: ture will occur on Wednesday, April, 28, 2010. One quorum call was taken today. (Total—2) Page S2629 Page S2626 During consideration of this measure today, Senate Record Votes: Two record votes were taken today. also took the following action: (Total—125) Pages S2622, S2626 D434

VerDate Mar 15 2010 03:43 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D26AP0.REC D26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D435 Adjournment: Senate convened at 2 p.m. and ad- committee on Investigations concluded a hearing to journed at 9:04 p.m., until 10 a.m. on Tuesday, examine Wall Street and the financial crisis, focusing April 27, 2010. (For Senate’s program, see the re- on the role of credit rating agencies, after receiving marks of the Acting Majority Leader in today’s testimony from Susan Barnes, and Peter D’Erchia, Record on page S2664.) both of Standard and Poor’s, Yuri Yoshizawa, and Raymond W. McDaniel, both of Moody’s Investors Committee Meetings Service, and Kathleen A. Corbet, all of New York, New York; Frank L. Raiter, Woodville, Virginia; (Committees not listed did not meet) Richard Michalek, Brooklyn, New York; Eric WALL STREET AND THE FINANCIAL CRISIS Kolchinsky, Westfield, New Jersey; and Arturo Cifuentes, Santiago, Chile. Committee on Homeland Security and Governmental Af- fairs: On Friday, April 23, 2010, Permanent Sub- h House of Representatives the United States Postal Service located at 4285 Chamber Action Payne Avenue in San Jose, California, as the ‘‘An- Public Bills and Resolutions Introduced: 6 public thony J. Cortese Post Office Building’’, by a 2⁄3 yea- bills, H.R. 5136–5142; and 2 resolutions, H. Con. and-nay vote of 370 yeas with none voting ‘‘nay’’, Res. 267; and H. Res. 1299 were introduced. Roll No. 221; Pages H2848–49, H2852–53 Pages H2876–77 Celebrating the life of Sam Houston on the Additional Cosponsors: Pages H2877–78 217th anniversary of his birth: H. Res. 1103, Report Filed: A report was filed on April 23, 2010 amended, to celebrate the life of Sam Houston on as follows: the 217th anniversary of his birth, by a 2⁄3 yea-and- H.R. 5013, to amend title 10, United States nay vote of 375 yeas with none voting ‘‘nay’’, Roll Code, to provide for performance management of the No. 222; and Pages H2849–51, H2853 defense acquisition system, with an amendment (H. Agreed to amend the title so as to read: ‘‘Hon- Rept. 111–465, Pt. 1). oring the life and accomplishments of Sam Houston A report was filed today as follows: for his historical contributions to the expansion of H.R. 1478, to amend chapter 171 of title 28, the United States.’’ Page H2853 United States Code, to allow members of the Armed Steve Goodman Post Office Building Designa- Forces to sue the United States for damages for cer- tion Act: H.R. 4861, to designate the facility of the tain injuries caused by improper medical care, with United States Postal Service located at 1343 West an amendment (H. Rept. 111–466). Page H2876 Irving Park Road in Chicago, Illinois, as the ‘‘Steve Speaker: Read a letter from the Speaker wherein she Goodman Post Office Building’’, by a 2⁄3 yea-and- appointed Representative Moran (VA) to act as nay vote of 371 yeas with none voting ‘‘nay’’, Roll Speaker pro tempore for today. Page H2847 No. 223. Pages H2851–52, H2853–54 Recess: The House recessed at 12:31 p.m. and re- Recess: The House recessed at 2:37 p.m. and recon- convened at 2 p.m. Page H2847 vened at 6:30 p.m. Page H2852 Select Intelligence Oversight Panel of the Com- Senate Message: Message received from the Senate mittee on Appropriations—Appointment: The by the Clerk and subsequently presented to the Chair announced the Speaker’s appointment of Rep- House today appears on page H2847. resentative Wasserman Schultz to the Select Intel- ligence Oversight Panel of the Committee on Appro- Senate Referral: S. 3253 was held at the desk. priations. Page H2848 Page H2847 Suspensions: The House agreed to suspend the rules Quorum Calls—Votes: Three yea-and-nay votes de- and pass the following measures: veloped during the proceedings of today and appear Anthony J. Cortese Post Office Building Des- on pages H2852–53, H2853 and H2854. There ignation Act: H.R. 4543, to designate the facility of were no quorum calls.

VerDate Mar 15 2010 03:43 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D26AP0.REC D26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE D436 CONGRESSIONAL RECORD — DAILY DIGEST April 26, 2010 Adjournment: The House met at 12:30 p.m. and that Act, and H.R. 2522, to raise the ceiling on the Fed- adjourned at 10:25 p.m. eral share of the cost of the Calleguas Municipal Water District Recycling Project, 3 p.m., SD–366. Committee on Environment and Public Works: Sub- Committee Meetings committee on Water and Wildlife, to hold hearings to No committee meetings were held. examine collaborative solutions to wildlife and habitat management, 10 a.m., SD–406. Joint Meetings Committee on Foreign Relations: business meeting to con- No joint committee meetings were held. sider S. 2971, to authorize certain authorities by the De- partment of State, S. 3087, to support revitalization and f reform of the Organization of American States, and the COMMITTEE MEETINGS FOR TUESDAY, nominations of Mari Carmen Aponte, of the District of APRIL 27, 2010 Columbia, to be Ambassador to the Republic of El Sal- vador, Department of State, and Michael P. Meehan, of (Committee meetings are open unless otherwise indicated) Virginia, and Dana M. Perino, of the District of Colum- Senate bia, both to be a Member of the Broadcasting Board of Governors, 2:15 p.m., S–116, Capitol. Committee on Commerce, Science, and Transportation: Sub- Committee on Health, Education, Labor, and Pensions: to committee on Competitiveness, Innovation, and Export hold hearings to examine putting safety first, focusing on Promotion, to hold hearings to examine promoting our strengthening enforcement and creating a culture of com- national parks as travel destinations, 10 a.m., SR–253. pliance at mines and other dangerous workplaces, 2 p.m., Committee on Energy and Natural Resources: to hold hear- SD–430. ings to examine the nominations of Philip D. Moeller, of Committee on Homeland Security and Governmental Affairs: Washington, and Cheryl A. LaFleur, of Massachusetts, Permanent Subcommittee on Investigations, to resume both to be a Member of the Federal Energy Regulatory hearings to examine Wall Street and the financial crisis, Commission, 10 a.m., SD–366. focusing on the role of investment banks, 10 a.m., Subcommittee on Water and Power, to hold hearings SD–106. to examine S. 745 and H.R. 2265, bills to amend the Committee on the Judiciary: to hold an oversight hearing Reclamation Wastewater and Groundwater Study and Fa- to examine the Department of Homeland Security, 10 cilities Act to authorize the Secretary of the Interior to a.m., SD–226. participate in the Magna Water District water reuse and Committee on Small Business and Entrepreneurship: to hold groundwater recharge project, S. 1138 and H.R. 2442, hearings to examine Federal efforts to expand small busi- bills to amend the Reclamation Wastewater and Ground- ness Internet access, 10 a.m., SR–428A. water Study and Facilities Act to expand the Bay Area Select Committee on Intelligence: to receive a closed brief- Regional Water Recycling Program, S. 1573 and H.R. ing on certain intelligence matters from officials of the 2741, bills to amend the Reclamation Wastewater and intelligence community, 2:30 p.m., SH–219. Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the City of House Hermiston, Oregon, water recycling and reuse project, S. 3099, to reinstate and extend the deadline for commence- Committee on Appropriations, Subcommittee on Financial ment of construction of a hydroelectric project involving Services and General Government, on FY 2011 Budget the American Falls Reservoir, S. 3100, to reinstate and Request for the Election Assistance Commission, 10 a.m., extend the deadline for commencement of construction of 2226 Rayburn. a hydroelectric project involving the Little Wood River Committee on Armed Services, Subcommittee on Oversight Ranch, H.R. 325, to amend the Reclamation Wastewater and Investigations, hearing on Simplifying Defense Trav- and Groundwater Study and Facilities Act to authorize el: Improving the Defense Travel System for the User, 2 the Secretary of the Interior to participate in the Avra p.m., 2118 Rayburn. Black Wash Reclamation and Riparian Restoration Subcommittee on Readiness, hearing on Fiscal Year Project, H.R. 637, to authorize the Secretary, in coopera- 2011 Army Reserve, Army National Guard, and Air Na- tion with the City of San Juan Capistrano, California, to tional Guard Training and Operations, 10 a.m., 2118 participate in the design, planning, and construction of Rayburn. an advanced water treatment plant facility and recycled Subcommittee on Terrorism, Unconventional Threats water system, H.R. 1120, to amend the Reclamation and Capabilities, hearing on Closing the Gap: Addressing Wastewater and Groundwater Study and Facilities Act to Critical Rotary Wing Shortfalls for U.S. Special Oper- authorize the Secretary of the Interior to participate in ations Forces in Fiscal Year 2011 and Beyond, 2:30 p.m., the Central Texas Water Recycling and Reuse Project, 210 HVC. H.R. 1219, to make amendments to the Reclamation Committee on Financial Services, to continue markup of Projects Authorization and Adjustment Act of 1992, H.R. 5072, FHA Reform Act of 2010, and to mark up H.R. 1393, to amend the Lower Rio Grande Valley the following bills: H.R. 2555, Homeowners’ Defense Water Resources Conservation and Improvement Act of Act of 2009; H.R. 1264, Multiple Peril Insurance Act of 2000 to authorize additional projects and activities under 2009; H.R. 5114, Flood Insurance Reform Priorities Act

VerDate Mar 15 2010 03:43 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D26AP0.REC D26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 26, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D437

of 2010; and H.R. 4790, Shareholder Protection Act of H.R. 3923, Sugar Loaf Protection District Land Exchange 2010, 10 a.m., 2128 Rayburn. Act of 2009; H.R. 3967, To amend the National Great Committee on Foreign Affairs, Subcommittee on Europe Black Americans Commemoration Act of 2004 to author- and the Subcommittee on Terrorism, Nonproliferation ize appropriations through fiscal year 2015; H.R. 3989, and Trade, joint hearing on A Relic of the Cold War: Is Heart Mountain Relocation Center Study Act of 2009; It Time to Repeal Jackson-Vanik for Russia? 2 p.m., H.R. 4514, Colonel Charles Young Home Study Act; 2172 Rayburn. H.R. 4686, Rota Cultural and Natural Resources Study Committee on Homeland Security, Subcommittee on Emer- Act; and H.R. 4773, Fort Pulaski National Monument gency Communications, Preparedness, and Response, Lease Authorization Act, 10 a.m., 1334 Longworth. hearing entitled ‘‘FEMA’s FY 2011 Priorities and Be- Committee on Rules, to consider H.R. 5013, Imple- yond: Aligning Budget, Mission, and Vision,’’ 2 p.m., menting Management for Performance and Related Re- 311 Cannon. Committee on the Judiciary, Subcommittee on Commer- forms to Obtain Value in Every Acquisition Act of 2010, cial and Administrative Law, hearing on H.R. 3764, Civil 3 p.m., H–313 Capitol. Access to Justice Act of 2009, 11 a.m., 2141 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Natural Resources, Subcommittee on Insular committee on Coast Guard and Maritime Transportation, Affairs, Oceans and Wildlife, oversight hearing entitled hearing on Status of Coast Guard Civil Rights Programs ‘‘Marine Mammals in Captivity: What Constitutes Mean- and Diversity Initiatives, 10 a.m., 2167 Rayburn. ingful Public Education,’’ 10 a.m., 1324 Longworth. Committee on Ways and Means, Subcommittee on Social Subcommittee on National Parks, Forests and Public Security and the Subcommittee on Income Security and Lands, hearing on the following bills: H.R. 2986, Na- Family Support, joint hearing on SSA’s large backlogs in tional Capital Region Land Conservation Act of 2009; disability claims, 2 p.m., 1100 Longworth.

VerDate Mar 15 2010 03:43 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D26AP0.REC D26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE D438 CONGRESSIONAL RECORD — DAILY DIGEST April 26, 2010

Next Meeting of the SENATE grams under the Small Business Act and the Small Busi- 10 a.m., Tuesday, April 27 ness Investment Act; (2) H. Res. 1240—Supporting the goals and ideals of Global Youth Service Day; (3) H. Res. 1293—Expressing support for National Child Abuse Pre- Senate Chamber vention Month; (4) H. Res. 1131—Expressing support Program for Tuesday: After the transaction of any for National Assistant Principals Week; (5) H. Res. morning business (not to extend beyond one hour), Senate 375—Supporting the goals and ideals of Workers’ Memo- will continue consideration of the motion to proceed to rial Day; (6) H. Res. 561—Congratulating the Onondaga consideration of S. 3217, Restoring American Financial Community College Lady Lazers; (7) H. Res. 563—Con- Stability Act. gratulating the Onondaga Community College Lazers; (8) (Senate will recess from 12:30 p.m. until 2:15 p.m. for their H. Res. 1280—Expressing the support of the House of respective party conferences.) Representatives for the goals and ideals of National Healthy Schools Day; (9) H.R. 5017—Rural Housing Preservation and Stabilization Act; (10) H.R. 3808— Next Meeting of the HOUSE OF REPRESENTATIVES Interstate Recognition of Notarizations Act; (11) H. Res. 10:30 a.m., Tuesday, April 27 1259—Recognizing and supporting the goals and ideals of Sexual Assault Awareness Month; (12) H. Res. 1208— Supporting the goals of World Intellectual Property Day; House Chamber and (13) H. Con. Res. 264—Authorizing the use of the Program for Tuesday: Consideration of the following Capitol Grounds for the National Peace Officers’ Memo- suspensions: (1) S. 3253—Temporary extension of pro- rial Service.

Extensions of Remarks, as inserted in this issue

HOUSE Garrett, Scott, N.J., E644 Maloney, Carolyn B., N.Y., E653 Graves, Sam, Mo., E662 Meek, Kendrick B., Fla., E657 Adler, John H., N.J., E645, E648 Higgins, Brian, N.Y., E654, E655 Mitchell, Harry E., Ariz., E662 Andrews, Robert E., N.J., E647, E650 Holt, Rush D., N.J., E645 Nadler, Jerrold, N.Y., E663 Baca, Joe, Calif., E643, E656, E658 Hoyer, Steny H., Md., E646 Pence, Mike, Ind., E649 Blackburn, Marsha, Tenn., E650, E658 Israel, Steve, N.Y., E647, E654 Perlmutter, Ed, Colo., E643, E644, E645, E646, E647, Blunt, Roy, Mo., E649 Jackson Lee, Sheila, Tex., E664 E648, E649, E650, E651, E653 Burton, Dan, Ind., E659 Johnson, Sam, Tex., E645, E647, E649, E649, E651, Quigley, Mike, Ill., E652 Coffman, Mike, Colo., E655 E652, E654, E655, E656, E660 Richardson, Laura, Calif., E644, E648, E656, E657 Connolly, Gerald E., Va., E647, E651, E655 Kildee, Dale E., Mich., E663 Ruppersberger, C.A. Dutch, Md., E656 Costa, Jim, Calif., E646 Larson, John B., Conn., E654 Salazar, John T., Colo., E645 Costello, Jerry F., Ill., E662 Lofgren, Zoe, Calif., E662 Taylor, Gene, Miss., E662, E664 Cummings, Elijah E., Md., E653, E658, E661 Luja´ n, Ben Ray, N.M., E658, E661 Wolf, Frank R., Va., E648, E651, E653 Deutch, Theodore E., Fla., E652 McClintock, Tom, Calif., E655, E657, E658 Engel, Eliot L., N.Y., E644 McMahon, Michael E., N.Y., E643

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Mar 15 2010 03:43 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 0664 Sfmt 0664 E:\RECORD10\RECFILES\D26AP0.REC D26AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE