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

Vol. 155 WASHINGTON, THURSDAY, MARCH 12, 2009 No. 44 House of Representatives The House met at 10 a.m. ELECTING MEMBER TO CERTAIN suffering an unemployment rate of The Chaplain, the Reverend Daniel P. STANDING COMMITTEE OF THE nearly 14 percent. Coughlin, offered the following prayer: HOUSE OF REPRESENTATIVES We must pull together, not as Demo- Lord God, throughout the ages You crats or Republicans, but as Ameri- Mr. LARSON of Connecticut. Mr. recognize, more than we, those who cans, to rally behind President Speaker, by direction of the Demo- show the greatest courage and patience Obama’s plan to revive our economy. cratic Caucus, I offer a privileged reso- in difficult times such as during war. This is not a quick fix. It is a meas- lution and ask for its immediate con- Those who serve in the military are ured, responsible, transparent and ac- sideration. often in our prayers, Lord, and deserve countable approach. The Clerk read the resolution, as fol- this Nation’s greatest respect and grat- Mr. Speaker, I urge my colleagues to lows: itude. You alone know however the join me in helping families who are great sacrifice their families face when H. RES. 237 hurting. preparing to deploy, during deploy- Resolved, That the following named Mem- f ment, and when their loved one comes ber be and is hereby elected to the following THANKING JAY LENO FOR HIS home. Even more pain and long suf- standing committee of the House of Rep- resentatives: SUPPORT OF METRO DETROIT fering is endured by those military (1) COMMITTEE ON FOREIGN AFFAIRS.—Ms. WORKERS families who lose a family member in Woolsey (to rank immediately after Mr. service to their country. Gene Green of Texas). (Mrs. MILLER of Michigan asked and was given permission to address the Today, the House raises up in prayer The resolution was agreed to. all military families. Strengthen them House for 1 minute and to revise and A motion to reconsider was laid on extend her remarks.) in love and faith that they always the table. prove supportive. Provide them with Mrs. MILLER of Michigan. Mr. great grace and inner freedom to em- f Speaker, all too often, it seems as brace the separation and flexibility de- ANNOUNCEMENT BY THE SPEAKER though celebrities get caught up in manded of them due to military orders. PRO TEMPORE their own life and have little time for Lord, above all others, it is the voice those who are struggling in this very The SPEAKER pro tempore (Mr. PAS- difficult economy. Well, Jay Leno is of military families that are proudly TOR of Arizona). The Chair will enter- heard when our Nation’s anthem is not one of those people. In fact, I think tain up to five requests for 1-minute Jay Leno is an American hero today, sung from ‘‘the land of the free and the speeches on each side of the aisle. home of the brave.’’ Amen. because on Tuesday’s Tonight Show, f Jay Leno announced he will soon be f UNEMPLOYMENT IN NORTH doing a show at the Palace of Auburn THE JOURNAL CAROLINA Hills in Metro Detroit for the unem- ployed workers who have been strug- The SPEAKER. The Chair has exam- (Mr. BUTTERFIELD asked and was ined the Journal of the last day’s pro- gling in this difficult economy, and the given permission to address the House show will be absolutely free of charge. ceedings and announces to the House for 1 minute.) her approval thereof. Jay is donating his immense talent Mr. BUTTERFIELD. Mr. Speaker, in an effort to give those workers who Pursuant to clause 1, rule I, the Jour- yesterday it was announced that North nal stands approved. have been struggling a night out for a Carolina’s unemployment rate for Jan- few laughs. I certainly also want to f uary is 9.7 percent. This represents a 16 praise the leaders of the Palace who PLEDGE OF ALLEGIANCE percent increase from December, and it have offered up the facility free of The SPEAKER. Will the gentle- is at its highest mark in 26 years. I charge for this event. woman from Michigan (Mrs. MILLER) have good reason, Mr. Speaker, to Jay Leno is a ‘‘car guy’’ who under- come forward and lead the House in the worry that the numbers will be even stands the hard work done by our Na- Pledge of Allegiance. worse in my congressional district tion’s auto workers and the incredible Mrs. MILLER of Michigan led the when they are reported. products they produce, and he under- Pledge of Allegiance as follows: It was devastating to learn yesterday stands that in this tough economy, I pledge allegiance to the Flag of the that Cummins Diesel, Incorporated, many of those workers no longer have United States of America, and to the Repub- will lay off 25 percent of its workforce. jobs. lic for which it stands, one nation under God, That is 390 people in Rocky Mount, It is absolutely outstanding that he indivisible, with liberty and justice for all. North Carolina, an area that is already is doing this to help lift their spirits

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.

H3339

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VerDate Nov 24 2008 23:46 Mar 12, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MR7.000 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3340 CONGRESSIONAL RECORD — HOUSE March 12, 2009 and to help highlight the economic might be true, while old Bernie is in HONORING CORPORAL BRIAN M. challenges that we face around our Na- the big house, he may decide to sue, CONNELLY tion, but especially in southeast Michi- saying his reputation is ruined. (Mr. PALLONE asked and was given gan. I want to thank you, Jay Leno. We Mr. Speaker, the Constitution pro- permission to address the House for 1 in Metro Detroit welcome you, and you tects free speech and a free press. The minute.) have our sincere thanks. Federal courts in Massachusetts were Mr. PALLONE. Mr. Speaker, I rise f wrong to say that truthful speech is today to honor the life of Corporal unlawful if it offends somebody or Brian M. Connelly, who was killed in A COMPREHENSIVE APPROACH TO hurts their little feelings. ECONOMIC RECOVERY Iraq on February 26 when his vehicle And that’s just the way it is. was struck by a roadside bomb. Cor- (Mr. CONNOLLY of Virginia asked f poral Connelly was a combat engineer and was given permission to address and was in the vehicle’s gunning posi- the House for 1 minute and to revise DISPELLING A HEALTH CARE MYTH tion at the time of the attack. and extend his remarks.) He lived in Union Beach, New Jersey, Mr. CONNOLLY of Virginia. Mr. (Mr. PATRICK J. MURPHY of Penn- where he had recently married Kara Speaker, I rise to address our current sylvania asked and was given permis- Connelly. His job in Iraq as an engineer economic crisis and the careful and re- sion to address the House for 1 minute.) involved protecting the way for other Mr. PATRICK J. MURPHY of Penn- sponsible investments in America that soldiers. He lost his life essentially sylvania. Mr. Speaker, as we begin in President Obama and this Congress helping his comrades in arms. have made. The Federal Reserve has this Congress a potentially trans- His family and friends remember him predicted that without action, our formational debate on the future of as a man who had a great sense of economy will contract by $2 trillion health care, I think it is time that we humor and loved fishing and boating over the next 2 years. With a recession start dispelling some of the myths and being out on the water. that has persisted since December of about American health care. So let’s I attended the memorial service of 2007, we cannot expect an overnight start with this one. Corporal Connelly in Keyport this past cure. However we are cushioning the If I told you that the country which weekend to pay my respects to the cor- fall. spent the most money on health care poral and his family and friends. There was no one cause for the eco- also ranked among the highest in wait Too often we are tragically reminded nomic collapse. Instead, we have taken times for care, opponents of health of the human costs this war has placed a number of positive steps in various care reform would scream, ‘‘Well, that on our country’s citizens. His family areas to address the various facets of is what you get with socialized medi- kept a ‘‘Bring Our Troops Home’’ ban- this economic decline. The second half cine.’’ The sad fact is that I’m describ- ner above their home, reinforcing their of the TARP funding will help stabilize ing our own health care system. A re- hopes that Brian would return home the financial sector. The American Re- cent study published in Business Week safely as soon as possible. covery and Reinvestment Act will cre- showed that amongst the six top indus- Corporal Connelly was an American ate millions of jobs, including 9,300 in trialized nations, the U.S. ranked fifth hero. He was my constituent, and I am my district. The Help Families Save in medical wait times. We ranked be- proud to pay tribute to him in our Cap- Their Homes Act will keep millions of hind New Zealand, Britain, Germany itol today. and Australia. In addition, 26 percent honest, hardworking Americans from f foreclosure and help stabilize the hous- of Americans reported going to the ER ing values of their neighbors not cur- for treatment because they couldn’t DIFFICULT TIMES IN AMERICA rently in crisis. The Fiscal Year 2009 get in to see their doctor, and ER wait (Mr. PENCE asked and was given per- Omnibus Act the House recently passed times for heart attack patients has mission to address the House for 1 adds crucial investments in public safe- nearly doubled in the last 5 years. minute and to revise and extend his re- ty, energy efficiency, clean water and So when you hear these anecdotes marks.) mass transit. about people waiting for care in other Mr. PENCE. Mr. Speaker, during Mr. Speaker, I’m proud of the fact countries that guarantee health care, these difficult times, families and that this Congress has joined with the know the facts. Americans wait longer. small businesses across the land are President in responding to the finan- f making hard choices to make ends cial crisis. b 1015 meet. Sacrifices are being made every- f where, except in Washington, D.C. CONGRESS SPENDING $1 BILLION While Americans are finding ways to THE TRUTH WILL GET YOU SUED AN HOUR cut back, the Democrat Congress and (Mr. POE of Texas asked and was (Mr. SAM JOHNSON of Texas asked our President have gone on an unprece- given permission to address the House and was given permission to address dented spending binge, bailout after for 1 minute.) the House for 1 minute and to revise bailout, a $1 trillion stimulus bill. Yes- Mr. POE of Texas. Mr. Speaker, they and extend his remarks.) terday, the President signed an omni- say the truth will set you free. Well, Mr. SAM JOHNSON of Texas. Mr. bus spending bill with an 8 percent in- maybe not. Now the truth may get you Speaker, folks in America ought to be crease in spending and 9,000 earmarks. sued. Here is why. outraged. They have a right to know And to make matters worse, the ad- The Staples Company fired an em- that Congress has spent roughly $1 bil- ministration has proposed a massive ployee for lying on his expense ac- lion an hour since the new President Federal budget that spends too much, count, and then sent a warning e-mail took office. borrows too much and taxes too much, to all other employees on this action. Recently, Michael Allen of Politico and the American people know it. Even The former employee sued, saying the wrote about a speech in the other body. a distinguished colleague on the Budg- company’s actions were ‘‘malicious and He described a crafty Senator’s efforts et Committee said recently: ‘‘This is harmful.’’ A Federal court in Massa- to express his deep concern that the not an easy budget to market, for chusetts ruled with the employee, even Nation is spending way too much sure.’’ though the statements were true. money, and America can’t afford this Well, I say respectfully to my col- Mr. Speaker, it has long been the law free-for-all spending Congress. leagues, the problem with the Presi- in this country that libel and slander In just 50 days, the Congress voted to dent’s budget is not marketing, it is only occur when the statement is false spend about $1.2 trillion between the content. The American people want and malicious. But not anymore. So stimulus and the omnibus. That Congress to do what they are doing, what is going to happen when the New amounts to $24 billion a day, or about make sacrifices, be there for our neigh- York Times has a headline tomorrow a billion dollars an hour, most of it bors and embrace fiscal discipline and morning saying ‘‘Bernie Madoff, Worst borrowed money. responsible plans for growth; not a Thief in American History, Goes to Congress spending $1 billion an hour? Federal budget that spends too much, Jail?’’ Even though that statement Pew. taxes too much and borrows too much.

VerDate Nov 24 2008 23:46 Mar 12, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.002 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3341 SPEND, BORROW, AND TAX TOO amendment in the nature of a substitute Senate. With any luck, our colleagues MUCH shall be in order except those printed in the in the other body will be able to ad- report of the Committee on Rules accom- (Mrs. BLACKBURN asked and was dress these important issues this Con- panying this resolution. Each such amend- gress. given permission to address the House ment may be offered only in the order print- for 1 minute and to revise and extend ed in the report, may be offered only by a The need for serious investment in her remarks.) Member designated in the report, shall be our infrastructure is clear. In 2002, the Mrs. BLACKBURN. Mr. Speaker, in considered as read, shall be debatable for the EPA estimated that there will be a $534 the land of spend too much, borrow too time specified in the report equally divided billion gap between spending and needs much and tax too much, and in the age and controlled by the proponent and an op- for water and wastewater infrastruc- of the trillion-dollar deficits, the ponent, shall not be subject to amendment, ture in 2019. The EPA’s Clean Water- and shall not be subject to a demand for divi- American taxpayers deserve to know sheds Needs Survey of 2004 Report to sion of the question in the House or in the Congress documented America’s waste- where their hard-earned money is being Committee of the Whole. All points of order spent. against such amendments are waived except water infrastructure needs at more After the $1.63 trillion spent in the those arising under clause 9 or 10 of rule XXI. than $202 billion, and these are num- stimulus and TARP bills, we need a At the conclusion of consideration of the bill bers from several years ago. system for transparency and account- for amendment the Committee shall rise and The Water Quality Investment Act of ability. That is why I have introduced report the bill to the House with such 2009 authorizes $13.8 billion in Federal the TARP and Stimulus Reporting and amendments as may have been adopted. Any grants over 5 years to capitalize clean Member may demand a separate vote in the water State revolving loan funds that Waste Prevention Act. This bill re- House on any amendment adopted in the quires complete disclosure of the TARP provide grants and low-interest loans Committee of the Whole to the bill or to the to communities for water and waste- and stimulus spending, and it goes fur- committee amendment in the nature of a ther than the President’s ‘‘Recov- substitute. The previous question shall be water infrastructure. These funds are ery.gov.’’ It establishes a waste, fraud considered as ordered on the bill and amend- critical to so many communities in the and abuse hotline that provides protec- ments thereto to final passage without inter- district that I represent. During De- tion to all whistleblowers, including vening motion except one motion to recom- cember and January, it seemed like Federal employees. mit with or without instructions. every local official that I met with had SEC. 2. House Resolutions 218, 219, and 229 a water or wastewater infrastructure The bill will promote accountability are laid on the table. policies for government agencies and project that was shovel-ready and in The SPEAKER pro tempore. The gen- companies that benefit from the bail- dire need of stimulus funds. The fund- tleman from New York is recognized out in the stimulus so that taxpayers ing authorized by this bill will help to for 1 hour. know that their money is not going to address that backlog of need. Mr. ARCURI. Mr. Speaker, for pur- big bonuses and lavish resorts. H.R. 1262 also authorizes $1.8 billion poses of debate only, I yield the cus- We owe it to the taxpayers to ensure over the next 5 years for Sewer Over- tomary 30 minutes to the gentleman that these funds are being used for des- flow Control Grants programs. Ad- from Florida (Mr. LINCOLN DIAZ- ignated purposes. It is their money, dressing and eliminating combined BALART). All time yielded during con- and they deserve to know. sewer overflows is one of the biggest fi- sideration of the rule is for debate nancial challenges facing communities f only. in my district and all over the country. PROVIDING FOR CONSIDERATION GENERAL LEAVE Communities in the Northeastern OF H.R. 1262, WATER QUALITY IN- Mr. ARCURI. Mr. Speaker, I ask United States tend to have old and de- VESTMENT ACT OF 2009 unanimous consent that all Members teriorating sewer systems. Old clay Mr. ARCURI. Mr. Speaker, by direc- may have 5 legislative days in which to pipes with leaking joints and other tion of the Committee on Rules, I call revise and extend their remarks and in- weaknesses in the system allow outside up House Resolution 235 and ask for its sert extraneous material into the water to infiltrate into the system. immediate consideration. RECORD. During heavy storms or spring The Clerk read the resolution, as fol- The SPEAKER pro tempore. Is there snowmelt, this infiltration causes the lows: objection to the request of the gen- system to overflow and discharge water H. RES. 235 tleman from New York? and sewage into local rivers. There was no objection. Resolved, That at any time after the adop- A number of county and municipal tion of this resolution the Speaker may, pur- Mr. ARCURI. Mr. Speaker, I yield water systems in my district are facing suant to clause 2(b) of rule XVIII, declare the myself such time as I may consume. multi-million dollar projects to pre- House resolved into the Committee of the Mr. Speaker, H. Res. 235 provides for vent their systems from overflowing Whole House on the state of the Union for a structured rule for consideration of into the Mohawk River that runs from consideration of the bill (H.R. 1262) to amend H.R. 1262, the Water Quality Invest- west to east across upstate New York the Federal Water Pollution Control Act to ment Act of 2009. The rules makes in and feeds into the Hudson River. Many authorize appropriations for State water pol- order 10 amendments, including all five of these communities have small popu- lution control revolving funds, and for other of the Republicans’ amendments con- purposes. The first reading of the bill shall lations, incapable of simply passing the be dispensed with. All points of order against sidered for consideration. cost of these projects on to ratepayers. consideration of the bill are waived except Among the many challenges con- H.R. 1262 authorizes extended repay- those arising under clause 9 or 10 of rule XXI. fronting us, none could be more ele- ment periods of up to 30 years for the General debate shall be confined to the bill mental than protecting our water. SRF loans to help lessen the burden on and shall not exceed one hour equally di- Today, the nationwide system of local ratepayers. vided and controlled by the chair and rank- wastewater infrastructure includes To further assist rural or small com- ing minority member of the Committee on 16,000 publicly owned wastewater treat- munities like these, the legislation Transportation and Infrastructure. After ment plants, 100,000 major pumping also authorizes technical assistance to general debate the bill shall be considered stations, 600,000 miles of sanitary sew- for amendment under the five-minute rule. It help them meet the requirements of shall be in order to consider as an original ers, and 200,000 miles of storm sewers. the Clean Water Act and to assist them bill for the purpose of amendment under the It is estimated that we have already in- to gaining access to financing waste- five-minute rule the amendment in the na- vested over $250 billion on the con- water infrastructure. In the upstate ture of a substitute recommended by the struction and maintenance of this sys- New York district that I represent, I Committee on Transportation and Infra- tem. However, we are now in danger of often hear from rural communities structure now printed in the bill. The com- losing that investment, if we do not act about the difficulties they have in find- mittee amendment in the nature of a sub- to maintain and improve the system. ing and applying for grant and loan op- stitute shall be considered as read. All points The vast majority of the Water Qual- of order against the committee amendment portunities. in the nature of a substitute are waived ex- ity Investment Act of 2009 is made up The most reliable way to prevent cept those arising under clause 10 of rule of five bills that the House considered human illness from waterborne dis- XXI. Notwithstanding clause 11 of rule and passed during the 110th Congress, eases and pathogens is to eliminate XVIII, no amendment to the committee four of which were not addressed by the human exposure in discharged sewage.

VerDate Nov 24 2008 23:46 Mar 12, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.004 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3342 CONGRESSIONAL RECORD — HOUSE March 12, 2009 While system repairs and upgrades Mr. Speaker, I strongly support the for their hard work on this important take time to implement, timely public Water Quality Investment Act. I hope bill that will help to keep our water notice can limit the human exposure that my colleagues on both sides of the safe and healthy and will also keep our when these discharges occur. The aisle will continue to support it as ecosystem clean of wastewater. Water Quality Investment Act also re- well. Mr. Speaker, as you know, the under- quires owners and operators of publicly Mr. Speaker, I reserve the balance of lying legislation consolidates five bills owned treatment works to monitor for my time. that passed the House in the 110th Con- and provide timely notification of Mr. LINCOLN DIAZ-BALART of gress. In the 110th Congress, the House sewer overflows to Federal and State Florida. Mr. Speaker, I would like to considered two of these bills under agencies, public health departments thank my friend, the gentleman from modified rules. The majority set a and the public at large. New York (Mr. ARCURI), for the time, precedent, thus, that these bills should The legislation properly extends and I yield myself such time as I may be considered under at least modified Davis-Bacon prevailing wage protec- consume. open rules. Modified open rules allow tions to contractors on treatment American taxpayers have invested Members in the House to debate and works projects that are constructed billions of dollars in our sewage treat- consider all amendments that are with my assistance from the State re- ment infrastructure resulting in dec- preprinted in the CONGRESSIONAL volving loan funds. This prevents ‘‘cut- ades of progress in reducing water- RECORD. So why not do the same rate’’ crews from performing shoddy borne illness from contaminated drink- today? Those two bills, even with a work and ensures that local contrac- ing water. By the way, Mr. Speaker, if modified open rule, easily passed the tors can competitively bid on local you look at the history of the 20th cen- House. So is the majority so afraid of water infrastructure projects. tury, the single factor that contributed debate that, even on a noncontrover- The bill also reinstatements the ap- most to public health in the United sial bill like this, they feel they must plicability of the Buy American Act to States, and in the developed world gen- restrict debate? It’s a shame. construction projects funded by Clean erally, was the development, the It is unfortunate that the majority Water Act. In this way, the bill ensures spreading, if you will, throughout soci- continues to backpedal on the open de- that the investment we make in our in- ety of the ability of people to have ac- bate precedent—even that they them- frastructure has the greatest possible cess to clean water, clean drinking selves set. Yet, considering the way the benefit on the American economy. The water. And so what we’re dealing with majority has run this House in the last Buy American provisions included in today is perhaps more important than Congress and in this Congress, it’s not the Water Quality Investment Act are at first glance, it seems. a surprise; it is just the way the major- consistent with the Buy American pro- Now, unfortunately, whenever there ity conducts business. visions included in the final conference has been, for example, an accidental Mr. Speaker, I reserve the balance of agreement of the American Recovery breach in sewage treatment facilities, my time. and Reinvestment Act. we see the repercussions of polluted Mr. ARCURI. Mr. Speaker, my col- The bill also increases the authoriza- water to public health, to our commu- league from the Rules Committee men- tion to remediate contamination in the nities, and also to important industries tioned that this bill is costly. There is Great Lakes. In 2002, the EPA reported such as tourism. That is why it is no question there is a cost associated that pollution was impairing the use of sound economic and environmental with clean water. But I would submit, 91 percent of the Great Lakes shore- policy to invest in effective sewage how do you put a price tag on clean lines and 99 percent of the Great Lakes treatment that ensures that the United water? How do you put a price tag on open water. States continues to have a healthy and keeping the water that your family vibrant aquatic ecosystem and clean drinks and the water that is so impor- b 1030 water. tant to life on this planet clean? There Impairment means that the shoreline But the cost for these systems is ex- is no real price tag that you can put on of the open waters did not meet all of pensive. In south Florida, the Miami- it. the designated uses, including fishing, Dade Water and Sewer Department In my own county, Oneida County in swimming, and suitability for aquatic evaluated its wastewater needs New York, we are under a consent life. The leading causes of this impair- through the year 2020 and determined order from the State of New York to ment were pathogens, metals—mainly that in order to maintain adequate eliminate sewer overflow that dis- mercury—and toxic organic com- transmission systems capability, treat- charges into our river during storms. It pounds. EPA noted that the dominant ment, disposal and the prevention of would cost $150 million for our small cause of shoreline impairment was his- sanitary sewer overflows, that depart- community to fix our water system, toric pollution in the form of contami- ment alone in south Florida would but it’s necessary for us to do that. nated sediment. have to spend over $2 billion. The cause And I would submit that, without H.R. 1262 increases to $150 million per of many sanitary sewer overflow events projects such as this, local commu- year the authorization for projects is that the infrastructure is failing due nities cannot keep their water clean that address sediment contamination to structural deterioration and corro- and cannot do the kind of things that in the Great Lakes areas. Areas of con- sion. So Federal funding, such as is are necessary and so important for our cern are defined under the Great Lakes provided in the Water Quality Invest- country. Water Quality Agreement between the ment Act of 2009, will give additional Mr. LINCOLN DIAZ-BALART of United States and Canada as eco- assistance to proactively identify the Florida. Would the gentleman yield? logically degraded geographic areas infrastructure requiring replacement Mr. ARCURI. I would yield. that require remediation. An area prior to failure. Mr. LINCOLN DIAZ-BALART of qualifies if at least one of 14 beneficial Included in the underlying bill is Florida. Thank you. I hope my friend uses—fishing, swimming, drinking $13.8 billion in Federal grants over 5 did understand that I praised the un- water, et cetera—is impaired as a re- years to capitalize the Clean Water derlying legislation. sult of contamination. State Revolving Funds for the con- Mr. ARCURI. I understand. By increasing the authorization for struction of publicly owned wastewater Reclaiming my time, Mr. Speaker, I the cleanup of contaminated sediment treatment works and other wastewater yield 3 minutes to the gentlewoman in the most polluted areas of the Great infrastructure. And it provides low-in- from Ohio, a former colleague from the Lakes, the bill will improve opportuni- terest loans to communities for waste- Rules Committee, Ms. SUTTON. ties for fishing, swimming, boating, water infrastructure. These grants will Ms. SUTTON. I thank the gentleman and agriculture. This will help approxi- encourage communities to consider al- from New York for his leadership on mately 40 million people who live in ternative and innovative processes, this issue and for the time that he has the Great Lakes Basin. The level of au- materials, and technologies that maxi- yielded to me. thorization is consistent with the pro- mize the potential for efficient water Mr. Speaker, I rise today in support vision of the House-passed Great Lakes use, reuse, and conservation. of the rule and the underlying legisla- Legacy Act Reauthorization passed by I would like to thank Chairman tion, H.R. 1262, the Water Quality In- the House in the fall of 2008. OBERSTAR and Ranking Member MICA vestment Act of 2009. This bill provides

VerDate Nov 24 2008 23:46 Mar 12, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.005 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3343 a total investment of $18.7 billion over Mr. Speaker, it has been said that if built by workers who live in my State, 5 years for much-needed water and en- the last century was all about the a State where we need every single job vironmental infrastructure. Not only world’s obsession with oil, that this that we can get. will this bill help provide communities century is going to be about water; The SPEAKER pro tempore. The with improved water quality, but it fresh, clean water. Now, you cannot time of the gentlewoman has expired. must be remembered that it will create drink oil, but you cannot live without Mr. LINCOLN DIAZ-BALART of over 480 million jobs. fresh, clean water. Florida. I yield the gentlewoman an ad- H.R. 1262 provides $13.8 billion in Fed- In Michigan, we are truly blessed to ditional minute. eral grants to the Clean Water State be surrounded by the Great Lakes. Mrs. MILLER of Michigan. Davis- Revolving Fund over the next 5 years. These bodies of water are a world Bacon ensures that local workers ben- This fund provides low-interest loans treasure—not just a national treasure, efit from projects being done in their to our communities so that they can but a world treasure—because they area. repair wastewater infrastructure, and comprise fully 20 percent, or one-fifth, The Water Quality Investment Act that is desperately needed. Like much of the fresh water drinking supply of will help us make great strides, I of the Nation’s infrastructure, the our entire planet. Unfortunately, after think, in efforts to maintain and to im- wastewater systems in my district are years of industrial pollution and sew- prove our Nation’s water infrastruc- aging, and they are in dire need of re- age overflows from aging, inadequate ture and to clean up the Great Lakes. pair, or, in some cases, replacement. underground infrastructure and sewage As I say, for all these water projects Mr. Speaker, I am also pleased that systems, all of this has taken a toll on throughout our entire Nation, as my this legislation includes a ‘‘buy Amer- our magnificent Great Lakes. colleague from Florida has mentioned, ican’’ provision. This provision will re- This bill, the Water Quality Invest- this is such a critically important quire that steel, iron, and other manu- ment Act, continues a very proud tra- piece of legislation. On our side, I factured goods used for the construc- dition of continuing our efforts to im- think you can expect an awful lot of tion of these water projects are pro- prove water quality, both in the Great support for this bill. duced here in the United States. Lakes and around our Nation as well. I Clean water is not a partisan issue. The economic downturn has taken a want to commend Chairman OBERSTAR, Water doesn’t know if it’s in a Repub- toll on U.S. manufacturing, including as well a Ranking Member MICA, for lican district or a Democratic district the steel plants in my district in Ohio. their work on these very important or what kind of district it is, but it is And with this legislation, and with this bills. As has been mentioned, we are for those of us in Congress to speak up ‘‘buy American’’ provision, we will be consolidating five very important bills and to support, again, this rule and putting Americans back to work doing that passed the House last year into this bill, and I would certainly urge my work that America needs to have done. this one piece of legislation which is, colleagues to do so. The bill also contains Davis-Bacon again, so critically important to our The SPEAKER pro tempore. Without protections requiring that the workers fresh water supply in our Nation. objection, the gentleman from Colo- who will do this work will be paid a Specifically, this bill is authorizing rado (Mr. POLIS) will control the re- local prevailing wage, a wage that will $13.8 billion for capitalization grants mainder of the time. ensure that they are able to provide for for Clean Water Revolving Funds, and There was no objection. their families, which is all that they $1.8 billion for grants to deal specifi- really are looking to do. cally with sewer overflows. It is esti- b 1045 Now, last year, Congress passed the mated, Mr. Speaker, that 24 billion gal- Great Lakes Legacy Act to clean up lons of municipal sewage find their way Mr. POLIS. Mr. Speaker, I yield my- contaminated toxic sediments that are directly into local water systems every self such time as I may consume. endangering families and communities year, and that is the equivalent of over It’s wonderful to see such strong throughout the Great Lakes Basin, 100 olympic-size swimming pools full of words of support from both sides of the which is an area that is home to ap- sewage each and every day getting into aisle for this important piece of legis- proximately 40 million people in eight our water supply. This legislation rec- lation. States, including Ohio. As you may re- ognizes this problem and acts to cor- I rise today in support of this rule call, Mr. Speaker, the House-passed rect it. and ask my colleagues to join me and version of that bill provided $150 mil- This bill also reauthorizes the Great pass the Water Quality Investment Act lion each year through fiscal year 2013 Lakes Legacy Act, which, unfortu- of 2009. I would like to thank Chairman for cleaning up the Great Lakes. How- nately, will expire next year if we don’t OBERSTAR and the members of the ever, our colleagues on the other side take action now. As a result of this Transportation and Infrastructure of the Capitol in the Senate operate act, nearly 800,000 cubic yards of con- Committee for bringing forward this under different floor rules, and one taminated sediments have been re- legislation, which will protect clean Senator was able to block action on moved from areas of concern in the water for Americans. the bill until funding levels for this Great Lakes Basin. But we still have a Clean water is essential to America’s program were cut by two-thirds. very long way to go. We need to con- urban and rural communities. With This bill also restores the funding tinue this good work because 31 areas this legislation, our cities will be able level for the Great Lakes Legacy Act of concern which have been designated to take a comprehensive approach to projects to the level initially—and remain in the United States alone, and water and wastewater management. It overwhelmingly—passed by the House then there are five others that are split combines green and traditional meth- last September. The residents of the between the United States and the na- ods to create a sustainable infrastruc- Great Lakes Basin have been waiting tion of Canada. This bill increases the ture that provides clean drinking water far too long for these toxic sites to be authorization for this program up to and leverages our precious natural re- cleaned up. The funding in this bill will $150 million annually, again, which will sources to meet the demands of allow for the cleanup of all contami- help us meet our goal of cleaning up growth. nated sediment in the Great Lakes re- the Great Lakes. For agricultural uses, the advance- gion by 2020. For these reasons, I urge I also want to take a moment and ments in water storage and treatment a ‘‘yes’’ vote on the bill. mention my support for the application will provide reliable, clean water sup- Mr. LINCOLN DIAZ-BALART of of Davis-Bacon requirements to plies that are good for the economic Florida. Mr. Speaker, it is my pleasure projects funded from Clean Water Re- stability of our rural economies and to yield 3 minutes to the distinguished volving Funds in this act. As a Mem- improve the quality of our food supply, gentlelady from Michigan (Mrs. MIL- ber, Mr. Speaker, coming from the keeping Americans healthy. In these LER). great State of Michigan, which is, un- difficult economic times, the infra- Mrs. MILLER of Michigan. I thank fortunately, suffering with over 11 per- structure improvements made possible the gentleman for yielding, and I rise cent unemployment today, I want to be through this legislation will create to support this rule, as well as the un- absolutely certain that water infra- jobs and reduce costs for municipal derlying legislation. structure projects in my State are governments. I ask my colleagues to

VerDate Nov 24 2008 23:46 Mar 12, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.007 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3344 CONGRESSIONAL RECORD — HOUSE March 12, 2009 invest in clean, reliable water re- Most alarmingly, a member of the to thank Chairman OBERSTAR and sources for all Americans by sup- Speaker’s staff threatened a wartime Ranking Member MICA for their hard porting this rule and voting for the budget of the Defense Department, im- work in bringing forward this legisla- Water Quality Investment Act. plying that unless the Speaker’s de- tion and allowing the House to con- This will also address the growing mands for personal luxuries were met, sider it today. I see that it’s Thursday needs for improvements in our water the defense budget itself would be and the House has been waiting all treatment systems. Several sectors of placed in jeopardy. This is a depart- week to get to this legislation, so I our economy will benefit from the im- ment that has spent many resources commend the majority for finally provements in this bill. The Nation’s developing and promoting clean water bringing the legislation to the floor on farmers, fishermen, manufacturing, technology, like this bill before us Thursday. and tourism industries rely on clean today purports to do. Having seen the reiteration of bipar- water that carry out our economic ac- What did the Speaker know and when tisan support for the underlying legis- tivities that contribute more than $300 did she know it? The American people lation, I do so again, and once again I billion to our economy each year. Our deserve the truth, something that this thank all our colleagues that have wastewater infrastructure is badly in uncovered e-mail evidence shows the come to speak on the underlying legis- need of the investment that this bill Speaker has not been telling them. lation. provides, Mr. Speaker, especially the Mr. POLIS. Mr. Speaker, I yield my- Mr. Speaker, I have no further re- $13.8 billion in Federal grants that cap- self such time as I may consume. quests for time, and I yield back the italize the Clean Water State Revolv- According to the Environmental Pro- balance of my time. ing Funds. States can use that money tection Agency, without continued im- Mr. POLIS. Mr. Speaker, I yield my- to repair and build wastewater treat- provements in wastewater treatment self the balance of my time. ment plants and pipes. infrastructure, future population With regard to this rule, we are, in Mr. Speaker, I reserve the balance of growth will erode away many of the fact, advancing to the floor all of the my time. important achievements of the Clean amendments that were recommended Mr. LINCOLN DIAZ-BALART of Water Act. Without the sort of im- in advance by the minority party. This Florida. Mr. Speaker, it is a pleasure to provements that this bill, this bipar- will allow a full discussion, debate, and yield 3 minutes to the distinguished tisan bill, includes, EPA projects that vote on all the important issues that gentleman from Georgia (Mr. WEST- by 2016 waster water treatment plants still divide us on this bipartisan piece MORELAND). nationwide may discharge pollutants of legislation. Mr. WESTMORELAND. Mr. Speaker, into U.S. waters at levels similar to Mr. Speaker, the vast majority of the what we have before us is a rule on the those in the mid 1970s. Water Quality Investment Act of 2009 Water Quality Investment Act, a rule Mr. Speaker, this bill allows us to is made up of five bills that passed the sent to the floor by a committee the move forward rather than backward House with strong bipartisan support Speaker of the House controls, a with regard to making sure that Amer- during the 110th Congress. Four of Speaker who speaks often about the ica’s water supply is clean and safe. By those bills were never addressed by the need for climate change legislation. requiring that workers on projects Senate. Those measures are: To that end, the Speaker of the funded by the Clean Water State Re- First, the Water Quality Financing House, Ms. PELOSI, went before the volving Funds be paid local prevailing Act of 2007, which was passed by the American people in February of 2007 wages, this bill promotes the payment House on March 7, 2007, by a vote of and repeatedly disputed a report that of fair wages, as my colleague from 303–108. Provisions of that bill comprise her office requested a larger, fossil fuel Michigan pointed out on the other side title I of the legislation we will con- burning military plane than has ever of the aisle. This is important, both for sider today. been used by a Speaker before. The its stimulative effect as well as being a Secondly, the Healthy Communities type of plane which she denied request- future investment in our country. Water Supply Act, passed by the House ing is exactly the type of plane that The EPA reported in 2002 that pollu- of Representatives on March 8, 2007, by most certainly has a negative impact tion is impairing the use of 91 percent a vote of 368–59. That legislation is in- on our environment and the quality of of the shoreline of the Great Lakes and cluded in H.R. 1262 as title II. water, the bill that is before us today 99 percent of Great Lakes open water. Third, the Water Quality Investment under this structured rule. In fact, the By authorizing $750 million for cleanup Act of 2007, passed by the House on Speaker went so far as to say in her re- of the Great Lakes, this bill will im- March 7, 2007, by a vote of 367–58. Provi- buttal, ‘‘We didn’t ask for a larger prove opportunities for fishing, swim- sions of that bill comprise title III of plane, period.’’ ming, boating, agriculture, industry, the legislation that we will consider However, earlier this week, prior to and shipping for the 40 million people today. the consideration of this rule we have in one of the hardest-hit areas of our Fourth, the Sewage Overflow Com- before us now, new e-mail evidence was country in the recession who live in munity Right-to-Know Act, which was revealed that contradicts the Speaker’s the Great Lakes Basin. passed by the House on June 24, 2008, public statements from 2 years ago. The vast majority of the provisions by voice vote under suspension of the These e-mails between the Speaker’s of this bill were contained in five bills rules. This legislation is included in staff and the Department of Defense that were passed in the House in the H.R. 1262 as title IV. show that it was the Speaker’s office 110th Congress, most of them with The Water Quality Investment Act of that requested the larger plane, not broad bipartisan support, and it passed 2009 also includes an increased author- once but repeatedly. the committee by a voice vote. The ization for eligible projects that ad- While we are considering legislation provisions in this bill are similar. By dress contamination within the Great today to provide quality water to the reinstating the applicability of the Buy Lakes Areas of Concern. The authoriza- American people, I think we should American Act for the construction of tion for these programs is consistent also note for the American people that projects funded, we can ensure that our with the authorization contained in a spending their taxpayer dollars on a money will be spent here and that the previous version of the Great Lakes luxurious plane for Speaker PELOSI infrastructure expenditures will have Reauthorization Act of 2008, which the could negatively impact the environ- the greatest possible benefit for the House passed on September 18, 2008, by ment and our quality of water. But American people and the American a vote of 371–20. even if you disagree with me on that, economy. I would also like to emphasize that you should be troubled by these new Mr. Speaker, I reserve the balance of the rule for debate today makes in facts. These newly reported facts con- my time. order every single amendment filed by tradict the Speaker’s prior statement, Mr. LINCOLN DIAZ-BALART of the minority party. This rule will possibly jeopardizing the faith of the Florida. Mr. Speaker, I thank all of our allow for a full debate of the issues in- American people, who we are here colleagues who have taken to the floor volved. At the end of that debate, I today representing and trying to help to speak about this underlying legisla- hope that this legislation will enjoy with this water quality bill. tion, which is important. Again, I want the same bipartisan support that its

VerDate Nov 24 2008 23:46 Mar 12, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.009 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3345 components enjoyed in the last Con- and extend their remarks on H.R. 1262 of the Subcommittee on Rivers and gress. and include extraneous materials in Harbors, the oldest committee of the This bill will accomplish two things the RECORD. House, the first committee of the that have already become a key char- The SPEAKER pro tempore. Is there House. acteristic of all of our efforts here in objection to the request of the gen- Our work has evolved over many the 111th Congress: It will create jobs tleman from Minnesota? years to encompass a wide range of and it will save energy. The Water There was no objection. issues related to investment in the Na- Quality Investment Act will support f tion’s well-being, but none more funda- quality paying jobs by ensuring that WATER QUALITY INVESTMENT mental, more important, than water. workers receive no less than local pre- ACT OF 2009 All the water we ever had on this vailing wages. By authorizing funding Earth, or ever will have, is with us for cleanup of the Great Lakes, the bill The SPEAKER pro tempore (Ms. SUT- today. We aren’t going to create new will improve opportunities in the fish- TON). Pursuant to House Resolution H. water from any technological source. ing, swimming, boating, agriculture, Res. 235 and rule XVIII, the Chair de- No comet is likely to come into our and shipping industries, which support clares the House in the Committee of orbit and deposit new ice to form approximately 40 million people in the the Whole House on the state of the water. Our responsibility is to care for Great Lakes Basin whose livelihoods Union for the consideration of the bill, the water we have. are directly dependent upon clean H.R. 1262. Every day, 42 trillion gallons of mois- water resources. b 1058 ture passes over the continental United This bill has a thoughtful eye on the States. Ten percent of that falls as IN THE COMMITTEE OF THE WHOLE future by taking into account energy moisture, 4.2 trillion gallons. Of that, Accordingly, the House resolved efficiency and water conservation. As a some .4 trillion gallons is absorbed by itself into the Committee of the Whole westerner, I understand the vast chal- the soil or evaporates. The rest, some House on the State of the Union for the lenges we face with regard to our water 680 billion gallons, goes into surface consideration of the bill (H.R. 1262), supply. Establishing our water infra- waters of the United States. That is all with Mr. PASTOR of Arizona in the structure that encourages and pro- we have every day, 680-some billion chair. motes conservation is of incredible im- gallons. portance for regions that will only see The Clerk read the title of the bill. The CHAIR. Pursuant to the rule, the We have to manage it well, make their water sources become fewer and sure that we use it properly, that we farther between. In Colorado, we rely bill is considered read the first time. The gentleman from Minnesota (Mr. return to the streams and lakes and es- on clean water not only for municipal tuaries of the Nation water in clean OBERSTAR) and the gentleman from Ar- and agricultural use, but entire com- condition. This legislation will move kansas (Mr. BOOZMAN) each will control munities are supported by visiting us in that direction. kayakers, fly fishermen, and outdoors- 30 minutes. The Chair recognizes the gentleman The centerpiece of this $18.7 billion men from across the country who flock package of bills is restoration of and to our pristine rivers and streams. Our from Minnesota. Mr. OBERSTAR. Thank you, Mr. reauthorization of the State Revolving environment, communities, industries, Fund from which funds are borrowed and businesses all stand to gain under Chairman. I yield myself such time as I may consume. by municipalities to build wastewater the provisions of this law. Without the treatment facilities, sewer lines, inter- infrastructure investments in this bill, The bill pending before us has been so well described in the discussion of the ceptor sewers, separate storm and com- the EPA has projected that our water bine storm and sanitary sewers. But for quality could be set back decades to rule that it seems superfluous to repeat the major items of the pending legisla- a dozen years, until the 110th Congress, pre-Clean Water Act levels. that legislation had expired and had I urge my colleagues to vote ‘‘yes’’ tion. At the Rules Committee yesterday, I not been reauthorized. The funding was on the rule and to vote ‘‘yes’’ on the continued, but at lower levels of appro- underlying bill. said, and our floor manager for the Rules Committee restated, that we priation, for each of those 12 years Mr. Speaker, I yield back the balance until the 110th Congress. of my time, and I move the previous bring to the House bills that passed the House in the 110th Congress individ- That leveled off, because the author- question on the resolution. ization legislation could never make The previous question was ordered. ually. The gentleman from Colorado its way to the House floor, even though The resolution was agreed to. read off the votes, which were over- our committee was prepared to do that. A motion to reconsider was laid on whelming, well over 300-plus votes in We had bipartisan support within the the table. favor of each of those bills; just bipar- tisanship, nonpartisanship, over- committee, but could never get it to f whelming support for these measures. the House floor. PERMISSION TO REDUCE TIME Unfortunately, they went to the Well, we brought it to the floor in the FOR ELECTRONIC VOTING DUR- other body, never to be heard of again. 110th and passed it overwhelmingly, as ING PROCEEDINGS TODAY So we thought it would be a better ap- I said earlier. It went to the Senate, Mr. POLIS. Mr. Speaker, I ask unani- proach this year to combine those all and that has not moved. mous consent that during proceedings into one bill, and maybe the other body The stimulus legislation provides today in the House and in the Com- can do one bill instead of five, we are funding of $4.6 billion, half in loans and mittee of the Whole, the Chair be au- hoping. half in grant funds to the State Revolv- thorized to reduce to 2 minutes the The commitment to clean water, ing Funds to create jobs and to deal minimum time for electronic voting on though, cannot be taken so slightly, with the backlog of need in State any questions that otherwise could be cannot be just subject to ‘‘hotline wastewater treatment programs and subjected to 5-minute voting under holds’’ by the other body, cannot be sewer upgrades. Hardly a week goes by clause 8 or 9 of rule XX or under clause subject to undisclosed holds, cannot be that I don’t read of a matter main 6 of rule XVIII. subject to indifference to action. The break or a sewer line break somewhere The SPEAKER pro tempore. Is there agenda for clean water is ours. It’s for in this country. objection to the request of the gen- the next generation. It’s to hand on to It is commentary on the aging waste- tleman from Colorado? the next generation water in better water structure of this country and the There was no objection. condition than we received it from the need to rebuild it, need to upgrade our f previous generation. sewage treatment plant facilities built I have been on the Committee on in the 1970s and some in the 1980s that GENERAL LEAVE Transportation and Infrastructure are beyond their capacities or that are Mr. OBERSTAR. Mr. Speaker, I ask from the time it was the Committee on in need of new technology upgrades. unanimous consent that all Members Public Works. I started my career in This legislation will move us in the di- may have 5 legislative days to revise this House in January of 1963 as Clerk rection of dealing with those needs.

VerDate Nov 24 2008 23:46 Mar 12, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.010 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3346 CONGRESSIONAL RECORD — HOUSE March 12, 2009 HOUSE OF REPRESENTATIVES, HOUSE OF REPRESENTATIVES, COM- nents of our economic security to fall Washington, DC, March 9, 2009. MITTEE ON SCIENCE AND TECH- into disrepair. Hon. JAMES L. OBERSTAR, NOLOGY, Maintaining municipal water infra- Chairman, Committee on Transportation and Washington, DC, March 6, 2009. structure has long been a local respon- Infrastructure, Washington, DC. Hon. JAMES L. OBERSTAR, Chairman, Committee on Transportation and sibility. It’s a difficult task. Around DEAR MR. CHAIRMAN: I write to you regard- the country, many communities have ing H.R. 1262, ‘‘the Water Quality Investment Infrastructure, Washington, DC. DEAR MR. CHAIRMAN, I am writing to you gotten behind. Act of 2009.’’ concerning the jurisdictional interest of the To address this problem, we need a Section 1501 of H.R. 1262, as ordered re- Committee on Science and Technology in collective effort that focuses both on ported, increases vessel tonnage duties. This H.R. 1262, the Water Quality Investment Act reducing cost and on increasing invest- provision falls within the jurisdiction of the of 2009. The bill contains certain provisions ment in water infrastructure at all lev- Committee on Ways and Means. In addition, which are within the Committee on Science els, including Federal, State and local H.R. 1262 violates clause 5(a) of Rule XXI, and Technology’s jurisdiction. which restricts bills and amendments from The Committee on Science and Technology governments, local ratepayers and the carrying taxes and tariffs not reported by acknowledges the importance of H.R. 1262 private sector. No one element will be the Ways and Means Committee. and the need for the legislation to move ex- able to carry this responsibility alone. The Congress believes in helping I recognize and appreciate your desire to peditiously. Therefore, while we have a valid bring this legislation before the House in an claim to jurisdiction over the bill, I agree those communities that need help to expeditious manner and, accordingly, I will not to request a sequential referral. This, of get back into control of their waste- not seek a sequential referral of the bill and course, is conditional on our mutual under- water management program and devel- will not oppose H.R. 1262 being given a waiv- standing that nothing in this legislation or oping good management practices to er of Rule XXI. However, I agree to waive my decision to forgo a sequential referral ensure that the Federal Government consideration of this bill with the under- waives, reduces or otherwise affects the ju- risdiction of the Committee on Science and does not become the financing mecha- standing that this does not in any way preju- Technology and that a copy of this letter nism of choice for these systems. dice the Committee on Ways and Means or and of your response will be included in the Our Nation’s quality of life and eco- its jurisdictional prerogatives on H.R. 1262 or legislative report on H.R. 1262 and the CON- nomic well-being rely on clean water. similar legislation. GRESSIONAL RECORD when the bill is consid- However, that challenge to continue Further, the Ways and Means Committee ered on the House Floor. providing clean water is substantial, as reserves the right to seek the appointment of The Committee on Science and Technology our existing national wastewater struc- conferees during any House-Senate con- also asks that you support our request to be ture is aging, deteriorating and in need ference convened on this legislation on pro- conferees on any provisions over which we visions of the bill that are within the Com- have jurisdiction during any House-Senate of repair, replacement and upgrading. mittee’s jurisdiction. I ask for your commit- conference on this legislation. As a Nation, we are not investing ment to support any request by the Com- Thank you for, your attention to this mat- enough in our wastewater infrastruc- mittee on Ways and Means for the appoint- ter, and I look forward to working with you ture to ensure that we will continue to ment of conferees on H.R. 1262 or similar leg- to pass this important legislation. keep our waters clean. Unless we act, islation. I also ask that a copy of this letter Sincerely, we could lose the significant gains in and your response be placed in the Com- BART GORDON, water quality that have been achieved mittee report on H.R. 1262 and in the CON- Chairman. over the last 30 years. GRESSIONAL RECORD during consideration of In addition to reauthorizing the this bill by the House. HOUSE OF REPRESENTATIVES, COM- MITTEE ON TRANSPORTATION AND Clean Water State Revolving Fund, the I look forward to working with you as we bill also extends the pilot program prepare to pass this important legislation. INFRASTRUCTURE, Sincerely, Washington, DC, March 6, 2009. under the Clean Water Act for alter- CHARLES B. RANGEL, Hon. BART GORDON, native water source projects. Many Chairman. Chairman, Committee on Science and Tech- communities are finding that their nology, Washington, DC. water needs cannot be met by existing DEAR CHAIRMAN GORDON: Thank you for HOUSE OF REPRESENTATIVES, COM- water supplies. As a result, they are your letter regarding H.R. 1262, the ‘‘Water looking at alternative ways to allevi- MITTEE ON TRANSPORTATION AND Quality Investment Act of 2009’’. INFRASTRUCTURE, I appreciate your willingness to waive ate their water shortages and enhance Washington, DC, March 9, 2009. rights to further consideration of H.R. 1262, water supplies to meet their future Hon. CHARLES B. RANGEL, notwithstanding the jurisdictional interest water needs. Chairman, Committee on Ways and Means, of the Committee on Science and Tech- Some of these approaches they are Washington, DC. nology. Of course, this waiver does not preju- looking at involve reclaiming, reusing DEAR CHAIRMAN RANGEL: Thank you for dice any further jurisdictional claims by or conserving water that has already your recent letter regarding H.R. 1262, the your Committee over this or similar legisla- been used. This bill helps them do that. ‘‘Water Quality Investment Act of 2009’’. tion. Further, I will support your request to H.R. 1262 provides an authority to be represented in a House-Senate conference Your support for this legislation and your help communities meet some of their assistance in ensuring its timely consider- on those provisions over which the Com- ation are greatly appreciated. mittee on Science and Technology has juris- critical water supply needs through diction in H.R. 1262. water reclamation, reuse, conservation I agree that section 1501 of H.R. 1262, as or- This exchange of letters will be placed in and management. The bill authorizes dered reported, is of jurisdictional interest the Committee Report on H.R. 1262 and in- $250 million over 5 years for the EPA to to the Committee on Ways and Means. I ac- serted in the CONGRESSIONAL RECORD as part knowledge that, by foregoing a sequential re- make grants to water resource develop- of the consideration of this legislation in the ferral, your Committee is not relinquishing ment agencies for these sorts of alter- House. Thank you for the cooperative spirit its jurisdiction and I will fully support your native water source projects. in which you have worked regarding this request to be represented in a House-Senate Another provision of H.R. 1262 reau- matter and others between our respective conference on those provisions over which committees. thorizes grants to help communities the Committee on Ways and Means has juris- I look forward to working with you as we address the widespread problem in our diction in H.R. 1262. prepare to pass this important legislation. country of sewer overflows. As a result This exchange of letters will be placed in Sincerely, of inadequate or outdated wastewater the Committee Report on H.R. 1262 and in- JAMES L. OBERSTAR, infrastructure, raw sewage can flow serted in the CONGRESSIONAL RECORD as part Chairman. into rivers or back up into people’s of the consideration of this legislation in the I reserve the balance of my time. basements. To provide communities House. Thank you for the cooperative spirit Mr. BOOZMAN. Mr. Chairman, any- in which you have worked regarding this some assistance to meet these needs, matter and others between our respective one who drives on our bridges and the bill authorizes additional resources committees. roads, ships freight through our rivers for EPA to make sewer overflow con- and locks, or who has the responsi- I look forward to working with you as we trol grants totaling $1.8 billion to move ahead with this important legislation. bility to maintain our water quality States and local communities. Sincerely, knows that our country’s infrastruc- The Water Quality Investment Act JAMES L. OBERSTAR, ture system needs attention. We as a also contains a provision to improve Chairman. Nation have allowed important compo- the public’s confidence in the quality

VerDate Nov 24 2008 23:46 Mar 12, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MR7.007 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3347 of our Nation’s waters and protect pub- nificant additional investment in our Title II of the Water Quality Invest- lic health and safety. This provision re- Nation’s system of wastewater infra- ment Act of 2009 provides funding for quires that communities monitor for structure, discharges into the U.S. wa- the pilot program for alternative water potential overflows in their sewer sys- ters could reach levels not seen since source projects, and this program pro- tems and notify the public whenever a 1968, 4 years before the enactment of vides $250 million in grant funding for release would threaten public health the 1972 Clean Water Act. a variety of projects, such as water and safety. The public has a right to Moreover, much of the United States’ reuse and recycling. know when their lives are threatened water structure is approaching or has Title III of the legislation reauthor- by sewer releases. exceeded its projected useful life and is izes the Sewer Overflow Grant Pro- Also included in this reauthorization now in need of repair or replacement. gram. This section provides $1.8 billion is a reauthorization of the Great Lakes Without significant investment now, over the next 5 years in grant funding Legacy Act, authored by VERN EHLERS this could have dire consequences for for States to control combined sewer and enacted in 2002. The Great Lakes human health, aquatic ecosystems and overflows. These overflows discharge Legacy Act authorized the Environ- our overall quality of life. annually an estimated 850 billion gal- mental Protection Agency to carry out The Environmental Protection Agen- lons of untreated or partially treated qualified sediment remediation cy and others estimate that we will sewage directly into local waters. projects and conduct research and de- need to invest between $300 billion to In addition, combined sewer over- velopment of innovative approaches, $400 billion over the next 20 years to flows are often the direct cause of technologies and techniques for the re- address these water infrastructure beach closures, contamination of mediation of contaminated sediment in needs. Current estimates show an an- drinking water supplies, and other en- the Great Lakes. nual funding gap of between $3 billion vironmental and public health prob- While I agree very much with the to $11 billion over our existing expendi- lems. This program will help address clean water goals of H.R. 1262, I am dis- tures, from Federal, State and local the critical needs of the approximately appointed that the majority included sources. 700 communities in the United States language that requires Davis-Bacon This legislation will help jump-start that still depend on combined sewer wage rates to be used for all projects the investment in these needs so that systems. receiving any money from the Clean we will continue to have access to The CHAIR. The time of the gentle- Water State Revolving Fund. Even clean, safe water and so future genera- woman has expired. Mr. OBERSTAR. I yield 1 additional projects paid for with State contrib- tions can continue to enjoy the eco- nomic and recreational benefits of our minute. uted funds will be subject to the higher water resources. Ms. EDDIE BERNICE JOHNSON of wage rates. The Water Quality Investment Act of Texas. Title IV of the Water Quality I am not a supporter of Davis-Bacon, 2009 contains five titles which, to- Investment Act of 2009 creates a new because it will make clean water gether, will make great progress to Sewer Overflow Right-To-Know pro- projects cost more. It will especially this end. Each of these titles contain gram. The legislation amends the hurt small disadvantaged communities legislative proposals that passed Clean Water Act to require owners and who are trying to clean up their local through the House in the 110th Con- operators of publicly owned treatment waters, and it will force States that do gress. Unfortunately, these important works to notify Federal and State not have their own prevailing wage bills never became law. agencies, public health officials, and rate law to adopt the expensive Federal The first title reauthorizes the Clean the public of sewer overflows. This is Davis-Bacon requirement. The result Water State Revolving Fund legisla- an important step to increase trans- will be fewer projects, fewer jobs and tion. It is intended to address the Na- parency of this public health-related less clean water. tion’s infrastructure needs and to reaf- information and to protect the well- Despite my concerns with Davis- firm the Federal commitment toward being of the public. Bacon, I believe this to be a very, very meeting the goals of the Clean Water Finally, Title V of the legislation good bill, a very, very good underlying Act. This title reauthorizes the Federal completes some unfinished business in bill, and I very much support it. grant program for capitalizing State last year’s Great Lakes Legacy Act. I reserve the balance of my time. Revolving Funds at $13.8 billion over This provides funding for the cleanup Mr. OBERSTAR. Mr. Chairman, I next 5 years. of contaminated sediment around the yield 5 minutes to the distinguished Further, the reauthorization provides Great Lakes. Chair of the Water Resources Sub- increased flexibility in the types of My colleagues, it has been over 20 committee, Ms. JOHNSON of Texas, and projects that the State Revolving Fund years since Congress last authorized yield myself 5 seconds to compliment can finance. In addition, it seeks to im- appropriations for the Clean Water her on the splendid work she has done prove the efficiency of our wastewater State Revolving Fund. These programs in chairing this subcommittee in the infrastructure by promoting, to the cannot wait any longer while the qual- 110th and in this Congress, and the maximum extent practicable, the use ity of our water deteriorates. It is time groundwork she has laid to bring this of more energy and water-efficient that Congress completes the task of legislation to the floor. practices. sending these important provisions to Ms. EDDIE BERNICE JOHNSON of b 1115 the President for signing. Texas. Thank you to the Chair of the I encourage my colleagues to join me full committee and to the sub- This creates incentives for alter- in voting for this act. committee members, as well as the full native energy approaches that will Mr. BOOZMAN. I continue to reserve committee. lower energy costs and reduce our the balance of my time. I rise in strong support of the Water greenhouse gas emissions. It also en- Mr. OBERSTAR. I yield 2 minutes to Quality Investment Act of 2009. This courages the development of ‘‘green in- a hardworking member of the com- legislation authorizes almost $19 bil- frastructure’’ that decreases the mittee, the gentleman from New York lion to protect and restore the integ- amount of storm water that enters our (Mr. BISHOP). rity of U.S. waters, which are one of waterways, relieving some of the strain Mr. BISHOP of New York. On behalf this country’s most valuable natural on our aging wastewater treatment of the residents of eastern Long Island, resources. Over the past several dec- systems. I would like to commend Chairman ades, we have made significant It also provides the States with in- OBERSTAR and Chairwoman JOHNSON progress in improving the quality of creased flexibility in financing pack- for their leadership and unwavering our water. Unfortunately, much of this ages so they can offer the cities and dedication to clean water issues. I progress is now at risk. local communities principal forgive- would also like to thank Ranking Today, approximately 40 percent of ness and negative interest loans. This Member BOOZMAN and the committee the rivers, lakes and coastal waters do is intended to assist communities in staff for their hard work and commit- not meet State water quality stand- meeting their water quality infrastruc- ment to advancing this legislation. ards, and the problem is getting worse. ture goals, which is critical in this The Water Quality Investment Act Based on EPA estimates, without sig- time of economic stress. will renew our commitment to clean

VerDate Nov 24 2008 23:46 Mar 12, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.014 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3348 CONGRESSIONAL RECORD — HOUSE March 12, 2009 water in America and provide funding prove information-sharing and coordi- and I have received it numerous times, to chip away at the tremendous back- nation between the two countries to is that this is the most effective, best log of water infrastructure needs protect the water quality of the Great Federal cleanup bill that was ever across the Nation. This legislation will Lakes. It is my hope that, with the passed. Maybe we can now use this as a increase investment, reduce costs, and conclusion of the study, our two coun- successful model to go back and clean promote efficiency in our water infra- tries can coordinate to meet our mu- up all the rest of the toxic dumps using structure. tual goal of protecting Great Lakes the same approach we used here. I am particularly proud of Title IV of water quality. That is why I introduced the Great the bill that provides monitoring, re- Again, thank you, Mr. Chairman, for Lakes Legacy Act in the 107th Con- porting, and public notification of addressing our concerns. This legisla- gress. With bipartisan support, Con- sewer overflows. My good friend, Mr. tion will play an important role in gress passed, and the President signed, LOBIONDO of New Jersey, and I have helping communities upgrade and re- the Legacy Act in 2002. Since then, the worked to advance this issue for sev- pair their aging water infrastructure, Legacy Act has been heralded, as I eral years through independent legisla- which will ensure the health of the said, as the best and most effective tion, the Sewage Overflow Community Great Lakes, a source of drinking Federal environmental cleanup pro- Right-To-Know Act, that is a part of water for 45 million people. gram. this legislation. I urge my colleagues to support this The interesting aspect of it, which Sewer overflows discharge roughly vital legislation. was gratifying in some ways but dis- 850 billion gallons of sewage annually Mr. OBERSTAR. How much time re- appointing in others, is that while the into local waters. These discharges end mains on both sides? President of the United States every The CHAIR. The gentleman from Ar- year requested the full authorization in up in local rivers, lakes, streams, and 1 kansas has 24 ⁄2 minutes. The gen- his budget request, the Congress did the ocean. 1 The best way to avoid health and en- tleman from Minnesota has 14 ⁄2 min- not appropriate the money that the vironmental concerns from sewer over- utes. President had suggested. And I hope, Mr. OBERSTAR. I reserve the bal- flows is to ensure that they never Mr. Chairman and Mr. Ranking Mem- ance of my time. occur in the first place, a primary goal Mr. BOOZMAN. I yield such time as ber, that we can both work on this and of this legislation. However, even with he may consume to the gentleman make sure the appropriators are will- significant increases in investment, from Michigan (Mr. EHLERS). ing to appropriate the full ammount sewer overflows will continue to occur. Mr. EHLERS. I thank the gentleman that the President requests. We would Therefore, it is imperative that we pro- for yielding. I rise in strong support of be far ahead in cleaning up the toxic vide the public with comprehensive and H.R. 1262, the Water Quality Invest- sediments. timely notification of sewer overflows, ment Act of 2009. As previously stated, Last year, Chairman OBERSTAR and I which is also accomplished in this bill. this legislation is an accumulation of introduced the Great Lakes Legacy Re- Mr. Chairman, the Water Quality In- five bills that individually overwhelm- authorization Act, which increased the vestment Act makes investments ingly passed the House of Representa- authorization from $50 million per year today to protect our families tomor- tives in the 110th Congress but which to $150 million per year for 5 years. Ac- row. I encourage my colleagues to vote were held up or significantly altered in cording to the Great Lakes Regional in favor of this commonsense legisla- the Senate. Collaboration Strategy, if fully appro- tion to ensure we maintain our com- I echo the comments made by Chair- priated, this amount can potentially mitment to clean water. man OBERSTAR at the Transportation clean up all of the toxic sediments in Mr. BOOZMAN. I will continue to re- and Infrastructure markup, that, by the Great Lakes watershed in 10 years. serve. bundling these bills together, we can That would be a major accomplishment Mr. OBERSTAR. Mr. Chairman, I make it even easier for the Senate to at relatively low cost, and will stop the yield 2 minutes to the distinguished act quickly. The provisions in this bill problem for all time. gentleman from Michigan, defender of will go far toward helping restore and Although the House last year passed the Great Lakes water, Mr. STUPAK. protect the Great Lakes, the largest this bill by a resounding 371–20 vote, Mr. STUPAK. I thank the gentleman fresh water source on the planet. the Senate was unable to overcome the for yielding, as I rise in support of H.R. I have spent a considerable amount objection of a single Senator who did 1262, the Water Quality Investment Act of time on this issue over the years. I not want to increase this authoriza- of 2009. I wish to personally thank want to deeply thank Chairman OBER- tion. A compromise was reached to re- Chairman OBERSTAR for his work and STAR for his dedication to this and his authorize the program at its prior for including a provision I requested, willingness to combine these bills in a funding level, but to only reauthorize which will improve water quality in very meaningful fashion. I also thank the program for 2 years. the Great Lakes. Mr. BOOZMAN for his good work on it, During floor debate last year, Chair- Water pollution in the Great Lakes and Ranking Member MICA for his help man OBERSTAR vowed to address this comes from both Canadian and U.S. as well. issue in the 111th Congress, and I am sources. In my district, residents of Of particular interest to me is the re- grateful that he has honored that Sugar Island, located within the St. authorization of the Great Lakes Leg- promise in one of the first committee Mary’s River Area of Concern, have to acy Act. The Great Lakes are plagued water bills to be taken up by the House deal with water contaminated with E. by toxic contaminants from years of in this Congress. coli, coliform, and other bacteria along industrial pollution that have settled I also thank Chairman OBERSTAR and their shoreline. in the sediment of tributaries to the Ranking Member MICA for their sup- The problem is neither they, nor Fed- lakes. These legacy pollutants degrade port, as well as Ranking Member eral or State regulators, have a clear the health of both humans and wildlife BOOZMAN. Their dedication to the understanding of how much the pollu- and, if they are not cleaned up, they Great Lakes issues have been most ap- tion is American in origin, how much will remain toxic for generations to preciated throughout the entire Mid- is Canadian, resulting in a great deal of come. west. The Great Lakes are the greatest finger-pointing over responsibility for We have known about these toxic treasure of pure water in the United cleanup. materials for years. We lived in the States, and I am convinced that in the My provision within the manager’s vain hope that they might just stay in future water is going to be worth more amendment would require the EPA to the sediments at the river bottom and than oil to the industrial machinery of conduct a study, in consultation with not move into the lakes. But we now our Nation. I believe you will see a re- the Department of State and the Cana- know that they are moving into the surgence of manufacturing and popu- dian government, on all pollution dis- lakes. And that is the reason I au- lation around the Great Lakes, simply charges from wastewater treatment fa- thored the Legacy Act several years because of the availability of abundant cilities into the Great Lakes. When the ago. clean water. study is complete, the EPA is to pro- I have to say that the highest com- I am hopeful the Senate will be able vide recommendations on how to im- pliment I have received on that bill, to pass this bill soon so that we can

VerDate Nov 24 2008 23:46 Mar 12, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.016 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3349 speed our efforts to clean up and pro- palities have combined sewer systems, this Nation’s infrastructure; that our tect the Great Lakes. I urge all Mem- serving approximately 40 million peo- sewer systems, our water systems, the bers to support this important legisla- ple. Problems that arise during wet basic infrastructure of this country tion. Once again, I thank all those who weather events can be devastating and needed that investment. We can’t have worked so hard on these bills so that are one of the most pressing issues fac- in the United States Third-World water they could reach this state. We hope to ing urban America. Our communities and sewer systems or storm drainage see them signed into law very soon. must be given access to the Federal re- systems or antiquated municipal sys- Thank you, again, for the time. sources necessary to upgrade their sys- tems that serve our people, and essen- Mr. OBERSTAR. I yield myself 1 tems and to upgrade the Clean Water tial public services that are outdated, minute to express my great apprecia- Act. aging, crumbling. So we made that tion to Mr. MICA for the splendid co- In its 2004 Clean Water Needs survey, commitment together. operation we have had and the bipar- the EPA estimated the cost to commu- Now, I was noticing that this legisla- tisan spirit in which we approached nities of addressing these particular tion here, we passed five bills last time. combining these bills into one package, problems at almost $55 billion and the Four of the bills, and I have the votes one piece of legislation for the House cost of the SSO problems to be $88.5 here, were all over 360 votes, a very floor; Ms. JOHNSON, for her splendid billion; and here we are, $1.8 billion. small number of people in opposition to leadership as chair of the sub- The CHAIR. The time of the gen- four of the votes. I think I supported committee; Mr. BOOZMAN as the rank- tleman has expired. all four of the measures. We did com- ing member, who has done splendid Mr. OBERSTAR. I yield the gen- bine, however, in here an important service to the Nation in his champion- tleman an additional 1 minute. bill that the chairman led, the provi- ship of water; and Mr. EHLERS. If it Mr. PASCRELL. The vast majority sions of House Resolution 720, that re- were up to me, I would rename this the of these costs will be borne by local authorized State resolving funds and Vern Ehlers Great Lakes Legacy Act. communities, many with fewer than provides $13 billion over 5 years in Fed- At some point in time, I think we will 10,000 people. As a former mayor, I eral assistance to further capitalize the come to do that. know how difficult it is to keep a town funds for these projects, and this is a We do have a President from the going in tough economic times. These very important fund. Great Lakes region who has increased communities are struggling finan- Now, let me just say that while I am funding for the Great Lakes in the cially. Many are laying off critical per- supportive of the overall legislation, budget, but the details are yet to come. sonnel, like police officers and fire- even the level of funding that we put in The overall dollar amount is increased, fighters and teachers, because they here, I do have one reservation about I’d say, Mr. Chairman. And I hope to struggle to provide even the most es- the extension of the requirement for work closely with the gentleman from sential services. During our current prevailing wage. And this is not a Michigan as the details of the budget economic crisis, upgrading these infra- union-set wage; that is not the issue; it come out to designate the appropriate structures is completely out of reach is a prevailing wage, and the way it is amount of funding for the Great Lakes to most of these towns. assessed in some of our areas. We have Legacy Act. H.R. 1262 serves many purposes finan- 18 States that will be penalized by hav- I yield 2 minutes to a refugee from cially and healthwise. I commend peo- ing their funds that previously weren’t the Committee on Transportation and ple on both sides of the aisle for mak- subject to this, and they are State Infrastructure, but still an advocate ing sure this gets done today, and we funds, and funds that come back into for our programs, particularly for clean hope the folks on the other side of the their fund are now also made subject to water, the distinguished gentleman building understand what this is all this prevailing Federal wage provision. from New Jersey (Mr. PASCRELL). about. I pray for that. And that is the one objection I do have Mr. PASCRELL. Thank you, Mr. Mr. BOOZMAN. Mr. Chairman, I to this legislation. Another gentleman Chairman. I rise in support of H.R. 1262, yield such time as he would like to our from Florida (Mr. MACK) will offer an the Water Quality Investment Act. I distinguished ranking member, the amendment, which we all agreed want to commend Chairman OBERSTAR gentleman from Florida (Mr. MICA). should be fully debated and heard. But and Subcommittee Chairwoman JOHN- Mr. MICA. I thank the gentleman that is my issue. SON for bringing this critical legisla- from Arkansas for yielding, and appre- Now, if that provision comes out of tion to the floor, and it has had bipar- ciate his leadership. the bill, I would support the entire tisan support for quite a few years. We As our ranking Republican leader on measure. I am sorry that this small didn’t give up on it, did we? the Water Resources Subcommittee, I point that I disagree on would cause H.R. 1262 makes many crucial invest- also want to thank Mr. OBERSTAR, my me not to support this bill on final pas- ments in our country’s water infra- chairman of the full committee, who I sage if it is included. But this is basi- structure system. Section 3 of the bill am pleased to work with on our side of cally a good piece of legislation. It does contains language we originally intro- the aisle in what has been I think an have a question about extension of duced a few years ago in our Water example for the Congress, a bipartisan some of these things, these prevailing Quality Investment Act. The language relationship, during the last 2 years. I wage issues and, again, the way they authorizes $1.8 billion in appropriations want to compliment him on the water assess this prevailing wage; and maybe for grants to municipalities and States resources bill that we did together, we should go back and change this. to control combined sewer overflows when we sat down and we said we had First of all, I have no problem with and sanitary sewer overflows. The mu- not reauthorized water resources legis- prevailing wage, and we should have it nicipalities just don’t have the money lation for some 7 years, and we made a in our large urban areas. We should to do this, yet we mandate them to do commitment together that we thought also give States discretion to set levels it. Figure that out. was in the best interest of the Nation. of wage even beyond the Federal re- Previously, the authorization levels quirement, and some of those jurisdic- b 1130 were $4 billion or $5 billion. The bill tions do. We do have a Federal min- Funding for infrastructure projects that we offered, and there had been a imum wage, so no one is trying to will help create jobs and spur the econ- backlog of projects and need for invest- make people work for less than the omy. For every $1 billion, we create ment in our water resources infrastruc- Federal minimum. But sometimes the 40,000 jobs. ture, was a $24 billion measure which, area in which we assess that prevailing My provision is very important, espe- unfortunately, got vetoed by the wage does expand into some of the cially for my colleagues in the North- former President. But I helped in lead- smaller communities. So they are east and the Great Lakes area. Many of ing the 107th veto override in the his- going to be paying more and getting our older cities have combined sewer tory of the Congress, because both Mr. less, or marginal projects will get left systems and suffer from overflows that OBERSTAR and I, Democrats and Repub- behind because they don’t have the re- send sewage and untreated waste flow- licans, agreed. There were some dis- sources that they can expend. And it ing into streets, basements, rivers, and agreements with the administration, does, again, diminish the amount of lakes. All in all, a total of 772 munici- but we agreed that we had to invest in money that they can have available by

VerDate Nov 24 2008 00:54 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.029 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3350 CONGRESSIONAL RECORD — HOUSE March 12, 2009 this new requirement. So that is the land, and any time it rained more than The message also announced that one area of disagreement we have. two-tenths of an inch in 2 hours, we pursuant to Public Law 101–509, the I compliment the staff, the ranking were having overflow into that river. Chair, on behalf of the Republican member’s, Ms. JOHNSON—I don’t see her But we also worked on nonstructural Leader, announces the appointment of here today—Mr. OBERSTAR, and the approaches. We found that green infra- Terry Birdwhistell, of Kentucky, to the gentleman from Arkansas (Mr. structure reduced peak flows by 80 to Advisory Committee on the Records of BOOZMAN) for their leadership on this 85 percent. We disconnected almost Congress. issue, and I hope we can proceed. And I 50,000 downspouts at $53 per downspout. The message also announced that hope that even if this does pass today It cost less than $3 million but reduced pursuant to Public Law 100–696, the with that provision, that we can work over 1.2 billion gallons of runoff. If we Chair, on behalf of the President pro with the other body and make the had tried to do that only with big tempore, appoints the Senator from basic provisions of this legislation the pipes, it would have cost far, far more, Alaska (Ms. MURKOWSKI) as a member law of the land and improve our infra- literally hundreds of millions of dol- of the United States Preservation Com- structure. lars. mission. Mr. OBERSTAR. Mr. Chairman, I The CHAIR. The time of the gen- The SPEAKER pro tempore. The yield 3 minutes to the distinguished tleman has again expired. Committee will resume its sitting. gentleman from Oregon (Mr. Mr. OBERSTAR. I yield the gen- f BLUMENAUER), a former member of the tleman another 1 minute. Mr. BLUMENAUER. I appreciate the WATER QUALITY INVESTMENT Committee on Transportation and In- ACT OF 2009 frastructure, an adjunct member of the gentleman’s courtesy, because there is committee. one area that I hope to work on with The Committee resumed its sitting. Mr. BOOZMAN. Mr. Chairman, I Mr. BLUMENAUER. I prefer, Mr. him and the committee, and that is yield 2 minutes to the gentleman from Chairman, to think of myself as an as- how we make sure we are focusing on California (Mr. BILBRAY). sociate member of the committee. It is clean water infrastructure that makes repairs and enhancement as a priority. Mr. BILBRAY. Mr. Chairman, I ap- a source of great pride and interest for preciate the bill here today, and I me to have served under your leader- In some places we have to go to new construction, but most of the threats would just like to highlight the issue ship for 12 years on that committee that, as we commit taxpayers’ funds to and with EDDIE BERNICE JOHNSON on to our communities, from Detroit to Cincinnati to Portland, is the existing addressing the environmental issues this subcommittee. that face this country, that we recog- I rise in support of this bill today. I infrastructure that is in sad need of re- pair. I hope, as this works its way nize that outcome is what really mat- take modest exception to my good ters when we talk about spending friend from Florida talking about the through the legislative process, that we might be able to fine-tune that a money to clean up the environment. problems of prevailing wage. We have Chairman OBERSTAR has worked with only to look at Louisiana and New Or- little bit to give priority to fixing it first where there is the greatest impact me for years on a problem that we have leans, and the post-Katrina debacle got to address, and I am not saying we where we suspended Davis-Bacon, What and the greatest hope. I deeply appreciate the leadership of as my district, I am saying nationally; happened? The work was done for peo- the committee once again, and look that we have sent funds all over the ple literally who were working in many forward to working with people on both country and looked at process, rather cases for barely minimum wage, there sides of the aisle to get this important than how a city or a community may was all sorts of money involved went to legislation passed and to realize these impact the environment. subcontracts and we had a lot of shod- benefits in a way to make all our com- b 1145 dy workmanship. munities more livable and our families In my State, the voters took this on A good example is the fact that you safer, healthier, and more economi- directly, voting 60/40 to have a State may have a city of Chicago that was cally secure. prevailing wage. This protects working The CHAIR. The Committee will rise outrageous in saying they were worried men and women and helps provide bet- informally. about polluting Lake Michigan, be- ter quality of workmanship on these The Speaker pro tempore (Mr. cause they were polluting their own critical projects. We need the best DRIEHAUS) assumed the chair. water. But they built a canal so they workmanship, and we need this bill. can dump the water into the Illinois f Our Nation’s water infrastructure River and pollute all the waters of the has grown while funding has declined. MESSAGE FROM THE SENATE Mississippi. The American Society of Civil Engi- A message from the Senate by Ms. I think one of the things that we neers came out with their 5-year report Curtis, one of its clerks, announced have got to recognize is being smart card, and guess what—water infra- that the Senate has passed without with our money and addressing the fact structure: D-minus. And some would amendment a bill of the House of the that these funds should go to where is say they were grading on a curve. following title: the best environmental benefit. And a We have massive needs in the fore- H.R. 1127. An act to extend certain immi- good example would be the fact that seeable future, and the Water Quality gration programs. there are certain areas where the treat- Investment Act is an important step The message also announced that ment of the sewage at its existing level towards meeting those needs. It recog- pursuant to the provisions of S. Res. has no net negative impact, but there nizes the challenges we face and will 105 (adopted April 13, 1989), as amended are other areas which have highly sen- provide communities with new tools to by S. Res. 149 (adopted October 5, 1993), sitive environments that are being pol- cope with them. as amended by Public Law 105–275 luted, even though the Federal law I particularly appreciate the support (adopted October 21, 1998), further technically is being protected, things for green infrastructure and the gen- amended by S. Res. 75 (adopted March like the secondary mandate, where we eral movement towards a more sustain- 25, 1999), amended by S. Res. 383 (adopt- should be putting our resources into able system, both fiscally and environ- ed October 27, 2000), and amended by S. tertiary and reclamation, where you mentally. Green infrastructure often Res. 355 (adopted November 13, 2002), end up having areas like deep-water involves nonstructural approaches that and further amended by S. Res. 480 discharge places, where right now sci- can have added environmental and (adopted November 21, 2004), the Chair, entists will tell you there is no net deg- quality-of-life benefits that save com- on behalf of the Republican leader, an- radation. munities money. nounces the appointment of the fol- So I would just ask the majority to I worked for 10 years in Portland as lowing Senator as member of the Sen- take a look at when we focus these Commissioner of Public Works on ate National Security Working Group funds, that we focus it where the most cleaning up the Willamette River that for the One Hundred Eleventh Con- benefit to the environment can be flows through the heart of our city. We gress: given, much like we have done in Cali- had to spend $1 billion on a big pipe, The Senator from South Carolina fornia. We have gone beyond the proc- because it rains all the time in Port- (Mr. GRAHAM). ess issue and gone to the outcome-

VerDate Nov 24 2008 00:54 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.019 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3351 based environmental review, the Clean ager’s package includes my amend- type of bill. The other thing I would Oceans Project, so that we spend every ment to the bill, the Teague-Green like to do is thank Ms. JOHNSON for her cent in a manner that protects the en- wastewater amendment. leadership as my chairman on Water vironment and not just fulfill a regu- My amendment is simple. It allows Resources, for her shepherding this latory problem. And so I think it is ab- wastewater utilities to use resources through committee and now shep- solutely essential that we avoid situa- from the Clean Water State Revolving herding it through the House. And tions like we have run into in southern Funds to implement renewable energy then, as always, Mr. MICA in his posi- California, where the environmental production and energy-efficient tion as ranking member, again, for impact report says that—— projects in their plants. doing the same thing. I also want to The CHAIR. The time of the gen- Wastewater treatment plants are thank the staffs for their hard work on tleman has expired. large consumers of power. Along with both sides. They do a tremendous job. Mr. BOOZMAN. I yield the gentleman drinking water facilities, they consume And we appreciate their efforts. another 2 minutes. I think he makes approximately 35 percent of the energy I do support the bill and urge its pas- some excellent points. used by municipalities. Together, they sage. Mr. BILBRAY. The example is, Mr. constitute 3 percent of national energy And I yield back the balance of my Chairman, where you have got an envi- consumption, sending approximately 45 time. ronmental impact report that says million tons of greenhouse gases into Mr. OBERSTAR. I yield myself the that if you execute the letter of the the atmosphere each year. balance of time on our side. law, you would be hurting the environ- We need to give our wastewater in- I appreciate the reflection of the gen- ment. And no one ever meant that to frastructure an energy makeover. With tleman from Arkansas about Mr. Ham- happen. I want to make sure that as we my amendment to the eligible activi- mersmith. He was one of the giants of move forward that the letter of the law ties associated with the Clean Water this House, a truly distinguished per- reflects protection for the environment SRF, the revolving funds can become son. He approached every issue first, not just following a regulation prime motivation for energy conserva- thoughtfully, reflecting on the sub- blindly. The law should always be re- tion and energy generation at waste- stance of the matters, never a tone of minded that it is here to protect the water plants across the country. Em- partisanship in his presentation in environment first, not just blindly ploying resources from the SRF, plants committee or on the floor. And a par- move forward in spending taxpayers’ can generate power from in-circuit ticularly touching experience for me funds. hydro turbines, biogas produced was some years ago, Mr. SHUSTER was And that is where I would ask that through anaerobic digesters, and solar chair of the full committee, and we the committee take a look at these sit- panels and wind turbines, all offsetting moved the first authorization of EDA uations. I think Hawaii is in a situa- electricity purchased from the grid. in years. And as the bill was moving tion where we may be sending funds to The Teague-Green Wastewater toward final passage on the floor, I got Hawaii to build facilities that do not Amendment will reduce the amount of a message from the Republican cloak- have a net positive impact on the envi- energy consumed by wastewater room that Mr. Hammersmith was on ronment. I don’t think any of us ever plants, create green jobs, reduce green- the phone. So with trepidation in my meant for clean water funds to be di- house gas emissions and save money heart, I marched into the Republican verted into an area that is not helping for taxpayers. It is what I like to call cloakroom and picked up the phone. the environment when you have areas common sense. And John Paul Hammersmith was on that desperately need these funds. I want to thank the chairman for in- the other end of the line laughing. And And that is one of those things I cluding my amendment in the man- he said, ‘‘I have always wanted to get think we have to recognize, the envi- ager’s package and for crafting this ex- you over here in our cloakroom. Con- ronmental community, the days of just cellent piece of legislation. gratulations on passage of the bill.’’ It caring being enough, are over. It is es- Mr. BOOZMAN. Does the gentleman was so typical of John Paul Hammer- sential that those of us who want to have any more speakers? smith. He cared about the substance, protect the environment need to be Mr. OBERSTAR. We have no more and still does, of our work here, as does smart and make sure that every cent speakers. I will close on our side if the his successor, Mr. BOOZMAN. spent, both local and Federal, go to- gentleman is prepared to close. Mr. Chairman, this package of legis- ward helping the environment, not just Mr. BOOZMAN. Mr. Chairman, I lation is not a jobs bill, although it fol- fulfilling a regulatory guideline and wanted to associate myself with the re- lows on the Economic Recovery Act, not just providing a threshold that marks of our ranking member, Mr. which provides funding for these somehow looks good on paper but MICA, in regard to Davis-Bacon. I have projects for water, for sewer and sew- doesn’t protect the environment. some real concerns with the extension age treatment facilities, and water in- And I look forward to working with there. But I do rise in support of the frastructure financing. This isn’t a list the chairman and making sure that bill. I believe the underlying bill is a of projects from the State of Min- every dollar spent in this program very, very good bill. nesota. I have one here for wastewater helps the environment, cleans up the I was visiting with former Member infrastructure needs for the State of environment, and does it in a manner John Paul Hammersmith, one of my New York. There are thousands, thou- that we maximize the benefit, because predecessors who was here for many, sands—6,900 such projects—by the var- there are not enough funds to go many years with Mr. OBERSTAR. I had ious water infrastructure agencies around to waste it. And that is why I lunch with him. And he asked me what across the Nation that are ready to go, look forward to working with the was on the agenda. And we talked ready to be built. Minnesota has chairman in making sure that every about the water issues and things. And prioritized these in the Minnesota Pub- dollar does the best it can for the he, like Mr. OBERSTAR, gave me the lic Facilities Authority from 1 through American people and the environment history and again related how hard you 261 on wastewater projects. we live in. all had worked together, Mr. OBER- And the need is enormous. We have Mr. OBERSTAR. I yield myself 5 sec- STAR, to get these things done. And we 12.5 million people out of work in the onds to thank the gentleman from do thank you for your very hard work United States. Of that number, 2 mil- California for his enthusiasm and as- for many, many years really laying the lion in the construction trades are out sure him that we will work for full groundwork. So we have a tremendous of work. And the unemployment rate of funding. amount to do, but we need to get it 8.1 percent nationwide for February is I yield 2 minutes to the distinguished done. So we do appreciate that, Mr. the highest in 25 years. By passing this gentleman from New Mexico (Mr. Chairman. legislation and putting to work the TEAGUE), a member of the committee. The other thing is I would like to funding that the administration has in- Mr. TEAGUE. I rise today in support thank Mr. EHLERS for his hard work in dicated in its budget for the fiscal year of Chairman OBERSTAR’s manager’s the Great Lakes. Again, he has dealt that starts in October, we can make a amendment to H.R. 1262, the Water with this for many, many years. And as serious dent in the unemployment Quality Investment Act. The man- you said, this truly is a model for this numbers that I just cited, along with

VerDate Nov 24 2008 00:54 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.023 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3352 CONGRESSIONAL RECORD — HOUSE March 12, 2009 what will be accomplished with the retary from disapproving a site security plan The last major amendments to the law were roughly $5.6 billion in stimulus, half of based on the presence or absence of a par- the Water Quality Act of 1987. These amend- which is in grant money and half of ticular security measure; (2) require vulner- ments culminated six arduous years of con- which is in loan funds. But we will cre- ability assessments and site security plans to gressional efforts to extend and revise the act ate jobs in both packages, both this be treated as sensitive security information; and were the most comprehensive amend- legislation and the stimulus need. and (3) repeal a provision limiting to the Sec- ments since 1972. Authorizations of appropria- As to Davis-Bacon, I will save my re- retary any right of action against a chemical tions for some programs provided in P.L. 100– marks for the amendment to be offered facility owner or operator to enforce security 4, such as general grant assistance to states, by the gentleman from Florida (Mr. measures. The connection is that water facili- research, and general EPA support authorized MACK). Suffice it to say that at a time ties use chemicals to ensure safety and elimi- in that law, expired in FY1990 and FY1991. of high unemployment, of desperate nate harmful elements. Authorizations for wastewater treatment need across this country, an economy The main law that deals with polluting activ- funding expired in FY1994. None of these pro- that needs people with income and ity in the nation’s streams, lakes, estuaries, grams has lapsed, however, as Congress has ability to spend, to buy and to stimu- and coastal waters is the Federal Water Pollu- continued to appropriate funds to implement late this economy, why would you tell tion Control Act, commonly known as the them. EPA, states, industry, and other citizens folks, work for less? Why would you Clean Water Act, or CWA. It consists of two continue to implement the 1987 legislation, in- tell people, work for just at or below major parts: regulatory provisions that impose cluding meeting the numerous requirements the minimum wage? Prevailing wage is progressively more stringent requirements on and deadlines in it. not the union wage. Robert Reich, industries and cities to abate pollution and The Clean Water Act has been viewed as former Secretary of Labor, said in a meet the statutory goal of zero discharge of one of the most successful environmental laws radio statement just the night before pollutants; and provisions that authorize fed- in terms of achieving its statutory goals, which last, ‘‘right now we need people work- eral financial assistance for municipal waste- have been widely supported by the public, but ing at union wages. We need people water treatment plant construction. lately some have questioned whether addi- Both parts are supported by research activi- with money in their pocket to buy, to tional actions to achieve further benefits are ties, plus permit and enforcement provisions. stimulate this economy.’’ And with the worth the costs. Programs at the federal level are administered stimulus package, we will be putting Criticism has come from industry, which has by the Environmental Protection Agency people to work, paying them for work, been the longstanding focus of the act’s regu- (EPA); state and local governments have not paying them unemployment checks latory programs and often opposes imposition major responsibilities to implement CWA pro- for not working. We will discuss that of new stringent and costly requirements. Criti- grams through standard-setting, permitting, cism also has come from developers and at more length. and enforcement. I now urge the passage of H.R. 1262. property rights groups who contend that fed- The water quality restoration objective de- eral regulations (particularly the act’s wetlands Ms. JACKSON-LEE of Texas. Mr. Chair, I clared in the 1972 act was accompanied by rise today with great enthusiasm for H.R. permit program) are a costly intrusion on pri- statutory goals to eliminate the discharge of vate land-use decisions. States and cities 1262, the ‘‘Water Quality Investment Act of pollutants into navigable waters by 1985 and 2009’’, which renews the Federal commitment have traditionally supported water quality pro- to attain, wherever possible, waters deemed grams and federal funding to assist them in to addressing our nation’s substantial needs ‘‘fishable and swimmable’’ by 1983. for wastewater infrastructure by investing carrying out the law, but many have opposed Although those goals have not been fully CWA measures that they fear might impose $18.7 billion over five years in wastewater in- achieved, considerable progress has been frastructure and other efforts to improve water new unfunded mandates. made, especially in controlling conventional Many environmental groups believe that fur- quality. H.R. 1262 increases investment in pollutants (suspended solids, bacteria, and ther fine-tuning is needed to maintain progress wastewater infrastructure, reduces the cost of oxygen- consuming materials) discharged by achieved to date and to address remaining constructing and maintaining that infrastruc- industries and sewage treatment plants. water quality problems. ture, and promotes energy- and water-effi- I have noted that progress has been mixed I am committed to ensuring that I continue ciency improvements to publicly owned treat- in controlling discharges of toxic pollutants to do my part as the Chairwoman of the ment works to reduce the potential long-term (heavy metals, inorganic and organic chemi- House Homeland Security Subcommittee on operation and maintenance costs of the facil- cals), which are more numerous and can harm Transportation and Infrastructure Protection. ity. human health and the environment even when Mr. COSTELLO. Mr. Chair, I rise today in Mr. Chair, from my perch as Chairwoman of present in very small amounts—at the parts- strong support of H.R. 1262, the Water Quality the Subcommittee on Transportation and Infra- per-billion level. Moreover, efforts to control Investment Act. We must provide means for structure Protection I have promoted shoring pollution from diffuse sources, termed local communities to address wastewater up our water infrastructure. Indeed, in the last nonpoint source pollution (rainfall runoff from treatment needs. H.R. 1262 seeks to provide Congress I introduced Chemical Facility Secu- urban, suburban, and agricultural areas, for $13.8 billion over five years for the clean rity Improvement Act of 2007, which prohibits example), are more recent, given the earlier Water State Revolving Fund and provides low federal funds from being used by the Sec- emphasis on ‘‘point source’’ pollution (dis- interest loans to communities for wastewater retary of Homeland Security to approve a site charges from industrial and municipal waste- infrastructure. The bill also provides $250 mil- security plan for a chemical facility unless the water treatment plants). Overall, data reported lion in grants over five years for alternative facility meets or exceeds security standards by EPA and states indicate that 45% of river water source projects and authorizes $1.8 bil- and requirements to protect it against terrorist and stream miles assessed by states and 47% lion over five years in grants to municipalities acts established by the state or local govern- of assessed lake acres do not meet applicable and states to control sewer overflows. ment for the area where it is located. water quality standards and are impaired for This legislation is critically needed to help Although much progress has been made in one or more desired uses. In 2006 EPA meet America’s clean water needs. achieving the ambitious goals that Congress issued an assessment of streams and small H.R. 1262 also renews Davis-Bacon on established more than 35 years ago to restore rivers and reported that 67% of U.S. stream projects, which requires that contractors and and maintain the physical, chemical, and bio- miles are in poor or fair condition and that nu- subcontractors that receive federal funds on logical integrity of the nation’s waters, long- trients and streambed sediments have the wastewater treatment projects be paid at least standing problems persist, and new problems largest adverse impact on the biological condi- the prevailing local wage rate. have emerged. Water quality problems are di- tion of these waters. Approximately 95,000 I firmly believe it is necessary that the verse, ranging from pollution runoff from farms lakes and 544,000 river miles in the United Davis-Bacon prevailing wage requirement ap- and ranches, city streets, and other diffuse or States are under fish-consumption advisories plies to all construction projects with federal ‘‘nonpoint’’ sources, to ‘‘point’’ source dis- (including 100% of the Great Lakes and their funds. charges of metals and organic and inorganic connecting waters), due to chemical contami- I commend Chairman OBERSTAR and Chair- toxic substances from factories and sewage nants in lakes, rivers, and coastal waters, and woman JOHNSON for reestablishing what Con- treatment plants. And many of these problems one-third of shellfishing beds are closed or re- gress clearly intended. need funding—and frankly cannot wait. The stricted, due to toxic pollutant contamination. Davis-Bacon is as important now as it was quality of our water supply is at stake. Mercury is a contaminant of growing con- in the 1930s. It prevents competition from ‘‘fly- My bill also amended the Department of cern—as of 2003, 45 states had issued partial by-night’’ firms that undercut local wages and Homeland Security Appropriations Act, 2007 or statewide fish or shellfish consumption working conditions and compete, unfairly, with to: (1) repeal a provision prohibiting the Sec- advisories because of elevated mercury levels. local contractors for federal work.

VerDate Nov 24 2008 00:54 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K12MR7.024 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3353 It helps stabilize the industry to workers and In my state of New York, health officials Whether it is wastewater, roads, bridges, to employers. In addition, Davis-Bacon may found heart medicine, infection fighters, estro- dams, or levees, Chairman OBERSTAR has help ensure better craftsmanship and it may gen, mood stabilizer and a tranquilizer in the been the one to fight for the funding we need reduce both the initial cost of federal construc- upstate water supply. to keep our country running smoothly. tion through greater efficiency and decrease Six pharmaceuticals were found in the drink- When it is working properly, our wastewater the need for repair and/or rehabilitation. ing water right here in Washington, D.C. system is not something that we think about I oppose any such motion to strike the We don’t know how the pharmaceuticals very often. Davis-Bacon provisions and strongly urge my enter the water supply. But the minute something goes wrong, colleagues to do the same. It is likely that some enter the water supply wastewater instantly becomes the most impor- With that, Mr. Chair, H.R. 1262 is very im- through human waste, runoff from agricultural tant issue of all. portant to our communities because it is an- operations, and the improper disposal of un- In my hometown of Sacramento, the city other avenue for them to use for improving used pharmaceuticals. has invested hundreds of millions of dollars to water quality across the country. Again, I In addition to antibiotics and steroids, EPA upgrade the combined sewer system in our strongly support H.R. 1262 and urge my col- has identified over 100 individual pharma- central city. leagues to as well. ceuticals and personal care products in envi- Using funding provided from the Federal Mr. MITCHELL. Mr. Chair, I rise today in ronmental samples and drinking water. Government, Sacramento has renovated older support of H.R. 1262, the Water Quality In- As a nurse, I am concerned that the pres- pumps, built treatment plants, and increased vestment Act of 2009. ence of the pharmaceuticals in our nation’s storage. This is an important bill that will help close waters may have negative effects on human The price of clean water and healthy eco- the approximately $3.2 to $11.1 billion gap be- health and wildlife. systems is high, Mr. Chair. But the benefits tween our nation’s wastewater infrastructure This amendment requires EPA to conduct a they provide to our society are even greater. needs and our current levels of federal assist- study on the sources of pharmaceuticals and And that is why I am so supportive of the ance. personal care products in our waters and the legislation before us today. This bill is especially important for Arizona, effect that they have on the environment and It authorizes $13.8 billion worth of waste- because it will finally begin to address a human health. water infrastructure projects that will help keep grossly inequitable funding formula that long Upon completion of this study, EPA is re- my district’s streets and waterways free of plagued our state. quired to issue a report detailing their findings. sewage and sludge. The study also requires that EPA identify Inexplicably, and unfairly, the formula used This funding will help make Sacramento methods that can be used to treat the water to distribute federal assistance to State Clean even more livable than it already is. and remove the pharmaceuticals if we need It will also create quality jobs in my district Water Revolving Funds (SRFs) remains linked to, and to prevent them from entering the which are sorely needed. to Census data from 1970. For too long, we have lived off the infra- While, obviously, this is not a problem for water in the first place. Pharmaceuticals and personal care products structure built in decades past. states that have lost population, or whose include prescription and over-the-counter Now it is our turn to invest in the future of population has remained stable, it’s a huge therapeutic drugs, fragrances, lotions, and our infrastructure, in the health of our commu- problem for states like Arizona, whose popu- cosmetics, as well as products used to en- nities, and in the quality of our water. lation has grown dramatically. hance growth or health of livestock. I urge support for the rule and for the under- Since 1970, Arizona’s population has more The results of this study will prompt re- lying bill. than tripled. sponses from the scientific community which Mr. CUELLAR. Mr. Chair, I rise today to en- As a result, we’ve been getting massively can help form the basis for future research. courage my colleagues to support the man- short-changed. The report from the study will be used as ager’s amendment to the Water Quality Invest- Arizona ranks 9th in the nation in terms of part of the government’s efforts to better un- ment Act of 2009. need, but we rank 37th in receipt of federal derstand the effects that pharmaceuticals in The manager’s amendment I support builds funding for SRFs. On a per capita basis, Ari- our waters have on human health and wildlife upon the strong nature of this bill, and ad- zona ranks 53rd. Even the territories do better and to craft appropriate legislation that ad- dresses several additional needs. than we do. dresses the issue in a responsible manner. I thank the distinguished Chairman for in- This is a disparity that belies any pretence I want to stress that this effort is not in- cluding 2 of my amendments in the manager’s of fairness, and it needs to change. tended to make any presumptions or accusa- amendment. These important amendments will If enacted, the Water Quality Investment Act tions. go a long way towards helping communities of 2009 will begin that process. We are just looking for more information so along the southern border. I want to thank Chairman OBERSTAR for his that we can make better informed choices and My first amendment, included in this man- leadership on this issue, and for his continued eventually move forward on sensible policies. ager’s amendment, authorizes the EPA to commitment to fairness. Hopefully, the study will give us more infor- Study wastewater treatment facilities that dis- I urge my colleagues to support H.R. 1262, mation about the presence, source, and ef- charge into the Rio Grande River, develop and I look forward to its final passage. fects of pharmaceuticals in our waters so that recommendations for improving monitoring, in- Mrs. MCCARTHY of New York. I rise today we can begin efforts to ensure that the water formation sharing, and cooperation between in support of H.R. 1262, the Water Quality In- is safe. the Unites States and Mexico. vestment Act of 2009. We must begin to better understand the im- Last EPA study of pollutants in the Rio The legislation makes important investments pact pharmaceuticals have on our environ- Grande River took samples from November in our nation’s water systems and strengthens ment and on our health. It is especially impor- 1992 to December 1995. the environmental protections of our water- tant that we make sure that our constituents Since 1992 Laredo alone has doubled in ways. can feel confident that they are drinking clean, population. I want to thank Chairman OBERSTAR and the safe water. I applaud inclusion of this requirement be- Transportation Committee staff for working We need to find out how these contami- cause knowing the dangers that exist in pollu- with me to include my amendment in the man- nants got in the water, what the risks are and tion in the River is the first step in protecting ager’s amendment to the bill. what steps we need to take to solve the prob- a national treasure. I also want to thank Representatives BALD- lem. I also wish to offer my support for the Man- WIN, SCHWARTZ, and INSLEE for joining with me It is vital that Congress take up and cham- ager’s amendment’s recognition of the ongo- as cosponsors on the amendment and for pion the cause of keeping our waterways and ing crisis that exists on the United States’ their continued efforts to work with me to drinking water safe. southern border with impoverished families liv- make our waters safe. This is a public health issue, an environ- ing in Colonias. Our waterways provide a source of recre- mental issue, and an economic issue. Colonias can be found in Texas, New Mex- ation and impact the food supply for all Ameri- I urge my colleagues to support the man- ico, Arizona and California, but Texas has cans. ager’s amendment and the underlying bill. both the largest number of colonias and the And, perhaps most importantly, our water- Ms. MATSUI. Mr. Chair, I would like to largest colonia population. ways are the source of our drinking water. begin my remarks today by thanking Chairman According to the State of Texas, about In 2008, the Associated Press found phar- OBERSTAR for his work on this critical issue. 400,000 Texans live in border colonias. maceuticals in the drinking water supplies of He has been a champion for our country’s The development of Texas colonias dates approximately 46 million Americans. infrastructure. back to at least the 1950s, when developers

VerDate Nov 24 2008 00:54 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\A12MR7.029 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3354 CONGRESSIONAL RECORD — HOUSE March 12, 2009 created unincorporated subdivisions using ag- Jackson County, Missouri, in my district, is ting many communities and counties during riculturally worthless land or land that lay in one example of a community caught between these difficult economic times and they de- floodplains or in other rural properties. a rock and a hard place. The County is trying serve Congress’s help. The idea makes a They divided the land into small lots, put in to provide services for its constituents at two great deal of sense and I look forward to little or no infrastructure, and then sold them lakes—Longview and Blue Springs—while bal- working with my fellow Members and my local to low-income individuals seeking affordable ancing its dwindling budget. The Army Corps County Executive as we continue to think out- housing. of Engineers built both lakes in the 1980s to side the box to make this idea work. The manager’s amendment includes my help control flooding issues in the Little Blue Mr. LUJA´ N. Mr. Chair, the Water Quality In- plan to direct the Government Accountability River region, watershed run-off, wetlands res- vestment Act is a renewed commitment to ad- Office to present to Congress a blueprint to toration, and to provide a recreational benefit dress our nation’s substantial needs for water properly address the problems that exist in to the public. The Corps entered into a lease and wastewater infrastructure. The ability of these low income communities. contract with Jackson County, Missouri with a cities, rural water systems and tribal commu- Mr. Chair, I applaud you on this important 50 year repayment contract (1986–2035). The nities to ensure water quality for our nation’s Manager’s amendment, and I urge all my col- County, during these tough economic times, is families is critical to the health of our country league to vote ‘‘yes.’’ having a significant problem paying back the and will help create jobs. Today, our business Ms. HIRONO. Mr. Chair, I rise in strong interest plus the regular principal each year. in this House is to transform the way we think support of H.R. 1262, the Water Quality In- These lakes, though owned by the Corps, about water. vestment Act. I commend my House Transpor- are operated and maintained by Jackson All living systems need water. People need tation and Infrastructure Committee Chairman County. Both Lakes are in need of significant it. The climate needs it. Plants and wildlife AMES BERSTAR need it. We are all part of the same living sys- J O for introducing this vital leg- repairs, maintenance, and upgrades to bring islation that makes much-needed investments tem, and we all need water. them up to standards of today’s use. The to improve water quality and better ensure I know the importance of water to rural properties critically need repairs to infrastruc- safe, clean water for communities throughout economies across America. Without a reliable ture like roads, electrical upgrades, facility re- the country. water supply, we cannot improve human The central focus of the bill is reauthoriza- pairs, and needed silt control along the water- health, preserve natural ecosystems, or grow tion of the Clean Water State Revolving Fund, sheds feeding into the Lakes. The County is economies. It is a critical prerequisite for life, which provides low-interest loans and grants struggling during this economic downturn, to and we must ensure proper drinking water and to local communities for construction of waste- make the payments as well as make the nec- wastewater systems will be available to every water treatment facilities and other water pol- essary repairs and upgrades that the Lake community in America. The absence of ade- lution abatement projects. The Clean Water property needs for continued use by the pub- quate water infrastructure in a community cre- State Revolving Fund was last reauthorized in lic. ates enormous health disparities, but also en- 1987, although the program has been funded The following are examples of the capital trenches the severe poverty that is already every year, albeit at inadequate levels. For improvement needs identified by Jackson widespread in these communities. years, the amount of available funding has County in their 5 year Capital Improvements Tribes across the nation have many difficul- been far below the demand for funds from Plan (CIP): Marina Renovation, upgrades and ties ensuring water quality for their commu- local governments. maintenance—$858,980; Roof repairs— nities. Often water and wastewater systems Much of the clean water infrastructure in our $125,000; Road repairs—$589,962; Shelter are hard to construct or maintain due to a lack nation is rapidly approaching or has already house repairs, upgrades and maintenance— of availability of funding for tribal governments. exceeded its projected life. This aging infra- $215,240; Campground upgrades, replace Language I proposed, which was included in structure must be repaired or replaced soon. pads and electrical capacity upgrades— Chairman OBERSTAR’s manager’s amendment, The gap between wastewater infrastructure $1,023,093; Sediment, spillway and watershed will authorize new grants for technical assist- needs and current levels of spending has control and improvements—$433,304; Trail re- ance on water and wastewater infrastructure been estimated at between $3.2 billion to placement, repairs and upgrades— to the tribal communities and people who so $11.1 billion a year. $1,132,000; Maintenance facility upgrades and desperately need it. If the authorized levels of funding provided repairs—$2,264,000; Playground upgrades I urge all my colleagues to support this bill. in this bill are appropriated, Hawaii will see a and replacement—$414,400; Beaches im- Mr. OBERSTAR. I yield back the bal- four-fold increase in the annual level of fund- provements and upgrades—$226,400. ance of my time. ing received under the Clean Water State Re- This is why I was proud to submit this week The CHAIR. All time for general de- volving Fund—from $5.3 million in FY2009 to an amendment for consideration to H.R. 1262 bate has expired. Pursuant to the rule, the amendment an estimated $21 million each year from that would have allowed the County to allevi- in the nature of a substitute printed in FY2010 to FY2014. In addition to improving ate the strains on its budget, while maintaining the bill shall be considered as an origi- our infrastructure, this amount of funding could its commitment to the Army Corps as well as nal bill for the purpose of amendment create or sustain some 700 jobs a year in Ha- its commitment to citizens using the Lakes, under the 5-minute rule and shall be waii. plus providing jobs for making the improve- This funding is critically needed in our state. ments. My amendment would have modified considered read. The text of the committee amend- Just this week, I met with members of the four the leases for Longview Lake & Blue Springs ment is as follows: county councils in my district. All have con- Lake to allow the County to reinvest 50 per- cerns about the condition of wastewater infra- cent of its outstanding payments over the rest H.R. 1262 structure in their districts and the inability of of the lease for capital improvements on the Be it enacted by the Senate and House of Rep- resentatives of the United States of America in local governments to fund the level of invest- property. This is not a default or forgiveness, Congress assembled, ment that is urgently needed. Lack of this but rather a reinvestment in lieu of payment so SECTION 1. SHORT TITLE; TABLE OF CONTENTS. funding is having serious environmental con- that they can continue to function in both their (a) IN GENERAL.—This Act may be cited as the sequences and, in some areas, is actually pre- flood control and recreational capacities. ‘‘Water Quality Investment Act of 2009’’. venting development of much-needed housing. Even with the redirection, the plan would (b) TABLE OF CONTENTS.— I urge my colleague to support this bill, provide the Army Corps with over $6.5 million 1. Short title; table of contents. which will stimulate employment and all of our ($6,504,447.80) in surplus over the course of 2. Amendment of Federal Water Pollution Con- local economies while protecting the environ- the lease. From this reinvestment, Longview trol Act. ment. Lake would receive $5.3 million TITLE I—WATER QUALITY FINANCING Mr. CLEAVER. Mr. Chair, H.R. 1262, The ($5,294,483.88) of redirected payments and Subtitle A—Technical and Management Water Quality Investment Act, renews the Blue Springs Lake would receive $4.3 million Assistance Federal commitment to addressing our na- 1101. Technical assistance. ($4,302,127.74) as part of the plan. The Corps 1102. State management assistance. tion’s substantial needs for wastewater infra- of Engineers would be fully reimbursed for its 1103. Watershed pilot projects. structure. Several provisions in the bill provide initial outlay of funds with interest, and the Subtitle B—Construction of Treatment Works federal assistance for improving this capa- County would be able to re-invest some of the 1201. Sewage collection systems. bility—through grants, subsidies, loans, and funds it is contractually obligated to pay into 1202. Treatment works defined. other assistance. Part of the impetus behind these two greats Jackson County assets. Subtitle C—State Water Pollution Control this assistance is the current severe economic Mr. Chair, though my amendment was Revolving Funds situation that communities of all sizes across deemed to have a budgetary impact, I wanted 1301. General authority for capitalization the nation are facing. to raise this issue. This is a national issue, hit- grants.

VerDate Nov 24 2008 00:54 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 6343 E:\CR\FM\A12MR7.020 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3355 1302. Capitalization grant agreements. $100,000,000 for each of fiscal years 2010 through serve a community existing on January 1, 2007, 1303. Water pollution control revolving loan 2014 for carrying out subsections (b)(3), (b)(8), shall be eligible for a grant under this title if the funds. and (g), except that not less than 20 percent of project otherwise meets the requirements of sub- 1304. Allotment of funds. the amounts appropriated pursuant to this section (a)(2) and meets the requirement of 1305. Intended use plan. paragraph in a fiscal year shall be used for car- paragraph (3). 1306. Annual reports. rying out subsection (b)(8)’’. ‘‘(3) REQUIREMENT.—A project meets the re- 1307. Technical assistance; requirements for (c) SMALL FLOWS CLEARINGHOUSE.—Section quirement of this paragraph if the purpose of use of American materials. 104(q)(4) (33 U.S.C. 1254(q)(4)) is amended— the project is to accomplish the objectives, goals, 1308. Authorization of appropriations. (1) in the first sentence by striking and policies of this Act by addressing an ad- Subtitle D—General Provisions ‘‘$1,000,000’’ and inserting ‘‘$3,000,000’’; and verse environmental condition existing on the 1401. Definition of treatment works. (2) in the second sentence by striking ‘‘1986’’ date of enactment of this paragraph.’’. 1402. Funding for Indian programs. and inserting ‘‘2011’’. SEC. 1202. TREATMENT WORKS DEFINED. Subtitle E—Tonnage Duties SEC. 1102. STATE MANAGEMENT ASSISTANCE. Section 212(2)(A) (33 U.S.C. 1292(2)(A)) is Section 106(a) (33 U.S.C. 1256(a)) is amended— amended— 1501. Tonnage duties. (1) by striking ‘‘and’’ at the end of paragraph (1) by striking ‘‘any works, including site’’; TITLE II—ALTERNATIVE WATER SOURCE (1); (2) by striking ‘‘is used for ultimate’’ and in- PROJECTS (2) by striking the semicolon at the end of serting ‘‘will be used for ultimate’’; and 2001. Pilot program for alternative water paragraph (2) and inserting ‘‘; and’’; and (3) by inserting before the period at the end source projects. (3) by inserting after paragraph (2) the fol- the following: ‘‘and acquisition of other lands, TITLE III—SEWER OVERFLOW CONTROL lowing: and interests in lands, which are necessary for GRANTS ‘‘(3) such sums as may be necessary for each construction’’. of fiscal years 1991 through 2009, and 3001. Sewer overflow control grants. Subtitle C—State Water Pollution Control $300,000,000 for each of fiscal years 2010 through Revolving Funds TITLE IV—MONITORING, REPORTING, AND 2014;’’. PUBLIC NOTIFICATION OF SEWER OVER- SEC. 1301. GENERAL AUTHORITY FOR CAPITAL- SEC. 1103. WATERSHED PILOT PROJECTS. IZATION GRANTS. FLOWS (a) PILOT PROJECTS.—Section 122 (33 U.S.C. Section 601(a) (33 U.S.C. 1381(a)) is amended 4001. Monitoring, reporting, and public notifi- 1274) is amended— by striking ‘‘for providing assistance’’ and all cation of sewer overflows. (1) in the section heading by striking ‘‘WET that follows through the period at the end and TITLE V—GREAT LAKES LEGACY WEATHER’’; and inserting the following: ‘‘to accomplish the ob- REAUTHORIZATION (2) in subsection (a)— jectives, goals, and policies of this Act by pro- 5001. Remediation of sediment contamination (A) in the matter preceding paragraph (1) by viding assistance for projects and activities in areas of concern. striking ‘‘wet weather discharge’’; identified in section 603(c).’’. 5002. Public information program. (B) in paragraph (2) by striking ‘‘in reducing SEC. 1302. CAPITALIZATION GRANT AGREEMENTS. 5003. Contaminated sediment remediation ap- such pollutants’’ and all that follows before the (a) REPORTING INFRASTRUCTURE ASSETS.—Sec- proaches, technologies, and tech- period at the end and inserting ‘‘to manage, re- tion 602(b)(9) (33 U.S.C. 1382(b)(9)) is amended niques. duce, treat, or reuse municipal stormwater, in- by striking ‘‘standards’’ and inserting ‘‘stand- SEC. 2. AMENDMENT OF FEDERAL WATER POLLU- cluding low-impact development technologies’’; ards, including standards relating to the report- TION CONTROL ACT. and ing of infrastructure assets’’. Except as otherwise expressly provided, when- (C) by adding at the end the following: (b) ADDITIONAL REQUIREMENTS.—Section ever in this Act an amendment or repeal is ex- ‘‘(3) WATERSHED PARTNERSHIPS.—Efforts of 602(b) (33 U.S.C. 1382(b)) is amended— pressed in terms of an amendment to, or repeal municipalities and property owners to dem- (1) in paragraph (6)— of, a section or other provision, the reference onstrate cooperative ways to address nonpoint (A) by striking ‘‘before fiscal year 1995’’; shall be considered to be made to a section or sources of pollution to reduce adverse impacts (B) by striking ‘‘funds directly made available other provision of the Federal Water Pollution on water quality. by capitalization grants under this title and sec- Control Act (33 U.S.C. 1251 et seq.). ‘‘(4) INTEGRATED WATER RESOURCE PLAN.—The tion 205(m) of this Act’’ and inserting ‘‘assist- development of an integrated water resource TITLE I—WATER QUALITY FINANCING ance made available by a State water pollution plan for the coordinated management and pro- control revolving fund as authorized under this Subtitle A—Technical and Management tection of surface water, ground water, and title, or with assistance made available under Assistance stormwater resources on a watershed or sub- section 205(m), or both,’’; and SEC. 1101. TECHNICAL ASSISTANCE. watershed basis to meet the objectives, goals, (C) by striking ‘‘201(b)’’ and all that follows (a) TECHNICAL ASSISTANCE FOR RURAL AND and policies of this Act.’’. through ‘‘513’’ and inserting ‘‘211 and SMALL TREATMENT WORKS.—Section 104(b) (33 (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- 511(c)(1)’’; U.S.C. 1254(b)) is amended— tion 122(c)(1) is amended by striking ‘‘for fiscal (2) by striking ‘‘and’’ at the end of paragraph (1) by striking ‘‘and’’ at the end of paragraph year 2004’’ and inserting ‘‘for each of fiscal (9); (6); years 2004 through 2014’’. (3) by striking the period at the end of para- (2) by striking the period at the end of para- (c) REPORT TO CONGRESS.—Section 122(d) is graph (10) and inserting a semicolon; and graph (7) and inserting ‘‘; and’’; and amended by striking ‘‘5 years after the date of (4) by adding at the end the following: (3) by adding at the end the following: enactment of this section,’’ and inserting ‘‘Octo- ‘‘(11) the State will establish, maintain, in- ‘‘(8) make grants to nonprofit organizations— ber 1, 2011,’’. vest, and credit the fund with repayments, such ‘‘(A) to provide technical assistance to rural Subtitle B—Construction of Treatment Works that the fund balance will be available in per- and small municipalities for the purpose of as- petuity for providing financial assistance in ac- sisting, in consultation with the State in which SEC. 1201. SEWAGE COLLECTION SYSTEMS. cordance with this title; the assistance is provided, such municipalities Section 211 (33 U.S.C. 1291) is amended— ‘‘(12) any fees charged by the State to recipi- in the planning, developing, and acquisition of (1) by striking the section heading and all ents of assistance that are considered program financing for eligible projects described in sec- that follows through ‘‘(a) No’’ and inserting the income will be used for the purpose of financing tion 603(c); following: the cost of administering the fund or financing ‘‘(B) to provide technical assistance and ‘‘SEC. 211. SEWAGE COLLECTION SYSTEMS. projects or activities eligible for assistance from training for rural and small publicly owned ‘‘(a) IN GENERAL.—No’’; the fund; treatment works and decentralized wastewater (2) in subsection (b) by inserting ‘‘POPULATION ‘‘(13) beginning in fiscal year 2011, the State treatment systems to enable such treatment DENSITY.—’’ after ‘‘(b)’’; and will include as a condition of providing assist- works and systems to protect water quality and (3) by striking subsection (c) and inserting the ance to a municipality or intermunicipal, inter- achieve and maintain compliance with the re- following: state, or State agency that the recipient of such quirements of this Act; and ‘‘(c) EXCEPTIONS.— assistance certify, in a manner determined by ‘‘(C) to disseminate information to rural and ‘‘(1) REPLACEMENT AND MAJOR REHABILITA- the Governor of the State, that the recipient— small municipalities and municipalities that TION.—Notwithstanding the requirement of sub- ‘‘(A) has studied and evaluated the cost and meet the affordability criteria established under section (a)(1) concerning the existence of a col- effectiveness of the processes, materials, tech- section 603(i)(2) by the State in which the mu- lection system as a condition of eligibility, a niques, and technologies for carrying out the nicipality is located with respect to planning, project for replacement or major rehabilitation proposed project or activity for which assistance design, construction, and operation of publicly of a collection system existing on January 1, is sought under this title, and has selected, to owned treatment works and decentralized 2007, shall be eligible for a grant under this title the extent practicable, a project or activity that wastewater treatment systems.’’. if the project otherwise meets the requirements maximizes the potential for efficient water use, (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- of subsection (a)(1) and meets the requirement of reuse, and conservation, and energy conserva- tion 104(u) (33 U.S.C. 1254(u)) is amended— paragraph (3). tion, taking into account the cost of con- (1) by striking ‘‘and (6)’’ and inserting ‘‘(6)’’; ‘‘(2) NEW SYSTEMS.—Notwithstanding the re- structing the project or activity, the cost of op- and quirement of subsection (a)(2) concerning the erating and maintaining the project or activity (2) by inserting before the period at the end existence of a community as a condition of eligi- over its life, and the cost of replacing the project the following: ‘‘; and (7) not to exceed bility, a project for a new collection system to or activity; and

VerDate Nov 24 2008 00:54 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 6333 E:\CR\FM\A12MR7.011 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3356 CONGRESSIONAL RECORD — HOUSE March 12, 2009 ‘‘(B) has considered, to the maximum extent (1) by striking ‘‘and’’ at the end of subpara- ‘‘(II) demonstrates to the State that such rate- practicable and as determined appropriate by graph (C); payers will experience a significant hardship the recipient, the costs and effectiveness of other (2) by inserting ‘‘and’’ at the end of subpara- from the increase in rates necessary to finance design, management, and financing approaches graph (D); and the project or activity for which assistance is for carrying out a project or activity for which (3) by adding at the end the following: sought; and assistance is sought under this title, taking into ‘‘(E) for any portion of a treatment works pro- ‘‘(III) ensures, as part of an assistance agree- account the cost of constructing the project or posed for repair, replacement, or expansion, and ment between the State and the recipient, that activity, the cost of operating and maintaining eligible for assistance under section 603(c)(1), the additional subsidization provided under this the project or activity over its life, and the cost the recipient of a loan will develop and imple- paragraph is directed through a user charge of replacing the project or activity; ment a fiscal sustainability plan that includes— rate system (or other appropriate method) to ‘‘(14) the State will use at least 10 percent of ‘‘(i) an inventory of critical assets that are a such ratepayers; or the amount of each capitalization grant received part of that portion of the treatment works; ‘‘(B) to implement a process, material, tech- by the State under this title after September 30, ‘‘(ii) an evaluation of the condition and per- nique, or technology to address water-efficiency 2010, to provide assistance to municipalities of formance of inventoried assets or asset goals, address energy-efficiency goals, mitigate fewer than 10,000 individuals that meet the af- groupings; and stormwater runoff, or encourage environ- fordability criteria established by the State ‘‘(iii) a plan for maintaining, repairing, and, mentally sensitive project planning, design, and under section 603(i)(2) for activities included on as necessary, replacing that portion of the treat- construction. the State’s priority list established under section ment works and a plan for funding such activi- ‘‘(2) AFFORDABILITY CRITERIA.— 603(g), to the extent that there are sufficient ap- ties;’’. ‘‘(A) ESTABLISHMENT.—On or before Sep- plications for such assistance; (d) ADMINISTRATIVE EXPENSES.—Section tember 30, 2010, and after providing notice and ‘‘(15) a contract to be carried out using funds 603(d)(7) (33 U.S.C. 1383(d)(7)) is amended by in- an opportunity for public comment, a State directly made available by a capitalization serting before the period at the end the fol- shall establish affordability criteria to assist in grant under this title for program management, lowing: ‘‘, $400,000 per year, or 1⁄5 percent per identifying municipalities that would experience construction management, feasibility studies, year of the current valuation of the fund, a significant hardship raising the revenue nec- preliminary engineering, design, engineering, whichever amount is greatest, plus the amount essary to finance a project or activity eligible for surveying, mapping, or architectural related of any fees collected by the State for such pur- assistance under section 603(c)(1) if additional services shall be negotiated in the same manner pose regardless of the source’’. subsidization is not provided. Such criteria shall as a contract for architectural and engineering (e) TECHNICAL AND PLANNING ASSISTANCE FOR be based on income data, population trends, and services is negotiated under chapter 11 of title SMALL SYSTEMS.—Section 603(d) (33 U.S.C. other data determined relevant by the State. 40, United States Code, or an equivalent State 1383(d)) is amended— ‘‘(B) EXISTING CRITERIA.—If a State has pre- qualifications-based requirement (as determined (1) by striking ‘‘and’’ at the end of paragraph viously established, after providing notice and by the Governor of the State); and (6); an opportunity for public comment, afford- ‘‘(16) the requirements of section 513 will (2) by striking the period at the end of para- ability criteria that meet the requirements of apply to the construction of treatment works graph (7) and inserting a semicolon; and subparagraph (A), the State may use the criteria carried out in whole or in part with assistance (3) by adding at the end the following: for the purposes of this subsection. For purposes made available by a State water pollution con- ‘‘(8) to provide grants to owners and operators of this Act, any such criteria shall be treated as trol revolving fund as authorized under this of treatment works that serve a population of affordability criteria established under this title, or with assistance made available under 10,000 or fewer for obtaining technical and plan- paragraph. section 205(m), or both, in the same manner as ning assistance and assistance in financial man- ‘‘(C) INFORMATION TO ASSIST STATES.—The treatment works for which grants are made agement, user fee analysis, budgeting, capital Administrator may publish information to assist under this Act.’’. improvement planning, facility operation and States in establishing affordability criteria SEC. 1303. WATER POLLUTION CONTROL REVOLV- maintenance, equipment replacement, repair under subparagraph (A). ING LOAN FUNDS. schedules, and other activities to improve waste- ‘‘(3) PRIORITY.—A State may give priority to a (a) PROJECTS AND ACTIVITIES ELIGIBLE FOR water treatment plant management and oper- recipient for a project or activity eligible for ASSISTANCE.—Section 603(c) (33 U.S.C. 1383(c)) is ations, except that the total amount provided by funding under section 603(c)(1) if the recipient amended to read as follows: the State in grants under this paragraph for a meets the State’s affordability criteria. ‘‘(c) PROJECTS AND ACTIVITIES ELIGIBLE FOR fiscal year may not exceed one percent of the ‘‘(4) SET-ASIDE.— ASSISTANCE.—The amounts of funds available to total amount of assistance provided by the State ‘‘(A) IN GENERAL.—In any fiscal year in which each State water pollution control revolving from the fund in the preceding fiscal year, or 2 the Administrator has available for obligation fund shall be used only for providing financial percent of the total amount received by the more than $1,000,000,000 for the purposes of this assistance— State in capitalization grants under this title in title, a State shall provide additional subsidiza- ‘‘(1) to any municipality or intermunicipal, the preceding fiscal year, whichever amount is tion under this subsection in the amount speci- interstate, or State agency for construction of greatest; and fied in subparagraph (B) to eligible entities de- publicly owned treatment works; ‘‘(9) to provide grants to owners and operators scribed in paragraph (1) for projects and activi- ‘‘(2) for the implementation of a management of treatment works for conducting an assess- ties identified in the State’s intended use plan program established under section 319; ment of the energy and water consumption of prepared under section 606(c) to the extent that ‘‘(3) for development and implementation of a the treatment works, and evaluating potential there are sufficient applications for such assist- conservation and management plan under sec- opportunities for energy and water conservation ance. tion 320; through facility operation and maintenance, ‘‘(B) AMOUNT.—In a fiscal year described in ‘‘(4) for the implementation of lake protection equipment replacement, and projects or activi- subparagraph (A), a State shall set aside for programs and projects under section 314; purposes of subparagraph (A) an amount not ‘‘(5) for repair or replacement of decentralized ties that promote the efficient use of energy and less than 25 percent of the difference between— wastewater treatment systems that treat domes- water by the treatment works, except that the total amount provided by the State in grants ‘‘(i) the total amount that would have been tic sewage; allotted to the State under section 604 for such ‘‘(6) for measures to manage, reduce, treat, or under this paragraph for a fiscal year may not fiscal year if the amount available to the Ad- reuse municipal stormwater, agricultural exceed one percent of the total amount of assist- ministrator for obligation under this title for stormwater, and return flows from irrigated ag- ance provided by the State from the fund in the such fiscal year had been equal to $1,000,000,000; riculture; preceding fiscal year, or 2 percent of the total ‘‘(7) to any municipality or intermunicipal, amount received by the State in capitalization and ‘‘(ii) the total amount allotted to the State interstate, or State agency for measures to re- grants under this title in the preceding fiscal under section 604 for such fiscal year. duce the demand for publicly owned treatment year, whichever amount is greatest.’’. ‘‘(5) LIMITATION.—The total amount of addi- works capacity through water conservation, ef- (f) ADDITIONAL SUBSIDIZATION.—Section 603 tional subsidization provided under this sub- ficiency, or reuse; and (33 U.S.C. 1383) is amended by adding at the end ‘‘(8) for the development and implementation the following: section by a State may not exceed 30 percent of of watershed projects meeting the criteria set ‘‘(i) ADDITIONAL SUBSIDIZATION.— the total amount of capitalization grants re- forth in section 122.’’. ‘‘(1) IN GENERAL.—In any case in which a ceived by the State under this title in fiscal (b) EXTENDED REPAYMENT PERIOD.—Section State provides assistance to a municipality or years beginning after September 30, 2009.’’. 603(d)(1) (33 U.S.C. 1383(d)(1)) is amended— intermunicipal, interstate, or State agency SEC. 1304. ALLOTMENT OF FUNDS. (1) in subparagraph (A) by striking ‘‘20 years’’ under subsection (d), the State may provide ad- (a) IN GENERAL.—Section 604(a) (33 U.S.C. and inserting ‘‘the lesser of 30 years or the de- ditional subsidization, including forgiveness of 1384(a)) is amended to read as follows: sign life of the project to be financed with the principal and negative interest loans— ‘‘(a) ALLOTMENTS.— proceeds of the loan’’; and ‘‘(A) to benefit a municipality that— ‘‘(1) FISCAL YEARS 2010 AND 2011.—Sums appro- (2) in subparagraph (B) by striking ‘‘not later ‘‘(i) meets the State’s affordability criteria es- priated to carry out this title for each of fiscal than 20 years after project completion’’ and in- tablished under paragraph (2); or years 2010 and 2011 shall be allotted by the Ad- serting ‘‘upon the expiration of the term of the ‘‘(ii) does not meet the State’s affordability ministrator in accordance with the formula used loan’’. criteria if the recipient— to allot sums appropriated to carry out this title (c) FISCAL SUSTAINABILITY PLAN.—Section ‘‘(I) seeks additional subsidization to benefit for fiscal year 2009. 603(d)(1) (33 U.S.C. 1383(d)(1)) is further amend- individual ratepayers in the residential user ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—Sums ed— rate class; appropriated to carry out this title for fiscal

VerDate Nov 24 2008 00:54 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 6333 E:\CR\FM\A12MR7.011 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3357 year 2012 and each fiscal year thereafter shall odology that meets the requirements of this ‘‘(3) inclusion of steel, iron, and manufac- be allotted by the Administrator as follows: paragraph, the State may use the methodology tured goods produced in the United States will ‘‘(A) Amounts that do not exceed for the purposes of this subsection.’’. increase the cost of the overall project by more $1,350,000,000 shall be allotted in accordance (b) INTENDED USE PLAN.—Section 606(c) (33 than 25 percent. with the formula described in paragraph (1). U.S.C. 1386(c)) is amended— ‘‘(c) PUBLIC NOTIFICATION AND WRITTEN JUS- ‘‘(B) Amounts that exceed $1,350,000,000 shall (1) in the matter preceding paragraph (1) by TIFICATION FOR WAIVER.—If the Administrator be allotted in accordance with the formula de- striking ‘‘each State shall annually prepare’’ determines that it is necessary to waive the ap- veloped by the Administrator under subsection and inserting ‘‘each State (acting through the plication of subsection (a) based on a finding (d).’’. State’s water quality management agency and under subsection (b), the Administrator shall— (b) PLANNING ASSISTANCE.—Section 604(b) (33 other appropriate agencies of the State) shall ‘‘(1) not less than 15 days prior to waiving ap- U.S.C. 1384(b)) is amended by striking ‘‘1 per- annually prepare and publish’’; plication of subsection (a), provide public notice cent’’ and inserting ‘‘2 percent’’. (2) by striking paragraph (1) and inserting the and the opportunity to comment on the Admin- (c) FORMULA.—Section 604 (33 U.S.C. 1384) is following: istrator’s intent to issue such waiver; and amended by adding at the end the following: ‘‘(1) the State’s priority list developed under ‘‘(2) upon issuing such waiver, publish in the ‘‘(d) FORMULA BASED ON WATER QUALITY section 603(g);’’; Federal Register a detailed written justification NEEDS.—Not later than September 30, 2011, and (3) in paragraph (4)— as to why the provision is being waived. after providing notice and an opportunity for (A) by striking ‘‘and (6)’’ and inserting ‘‘(6), ‘‘(d) CONSISTENCY WITH INTERNATIONAL public comment, the Administrator shall publish (15), and (17)’’; and AGREEMENTS.—This section shall be applied in a an allotment formula based on water quality (B) by striking ‘‘and’’ at the end; manner consistent with United States obliga- needs in accordance with the most recent survey (4) by striking the period at the end of para- tions under international agreements.’’. of needs developed by the Administrator under graph (5) and inserting ‘‘; and’’; and SEC. 1308. AUTHORIZATION OF APPROPRIATIONS. section 516(b).’’. (5) by adding at the end the following: Section 609 (as redesignated by section 1307 of SEC. 1305. INTENDED USE PLAN. ‘‘(6) if the State does not fund projects and this Act) is amended by striking paragraphs (1) activities in the order of the priority established (a) INTEGRATED PRIORITY LIST.—Section through (5) and inserting the following: 603(g) (33 U.S.C. 1383(g)) is amended to read as under section 603(g), an explanation of why ‘‘(1) $2,400,000,000 for fiscal year 2010; follows: such a change in order is appropriate.’’. ‘‘(2) $2,700,000,000 for fiscal year 2011; (c) TRANSITIONAL PROVISION.—Before comple- ‘‘(3) $2,800,000,000 for fiscal year 2012; ‘‘(g) PRIORITY LIST.— tion of a priority list based on a methodology es- ‘‘(4) $2,900,000,000 for fiscal year 2013; and ‘‘(1) IN GENERAL.—For fiscal year 2011 and ‘‘(5) $3,000,000,000 for fiscal year 2014.’’. each fiscal year thereafter, a State shall estab- tablished under section 603(g) of the Federal lish or update a list of projects and activities for Water Pollution Control Act (as amended by Subtitle D—General Provisions this section), a State shall continue to comply which assistance is sought from the State’s SEC. 1401. DEFINITION OF TREATMENT WORKS. water pollution control revolving fund. Such with the requirements of sections 603(g) and Section 502 (33 U.S.C. 1362) is amended by projects and activities shall be listed in priority 606(c) of such Act, as in effect on the day before adding at the end the following: the date of enactment of this Act. order based on the methodology established ‘‘(26) TREATMENT WORKS.—The term ‘treat- under paragraph (2). The State may provide fi- SEC. 1306. ANNUAL REPORTS. ment works’ has the meaning given that term in nancial assistance from the State’s water pollu- Section 606(d) (33 U.S.C. 1386(d)) is amended section 212.’’. tion control revolving fund only with respect to by inserting ‘‘the eligible purpose under section SEC. 1402. FUNDING FOR INDIAN PROGRAMS. a project or activity included on such list. In the 603(c) for which the assistance is provided,’’ Section 518(c) (33 U.S.C. 1377) is amended— case of projects and activities eligible for assist- after ‘‘loan amounts,’’. (1) by striking ‘‘The Administrator’’ and in- ance under section 603(c)(2), the State may in- SEC. 1307. TECHNICAL ASSISTANCE; REQUIRE- serting the following: clude a category or subcategory of nonpoint MENTS FOR USE OF AMERICAN MA- ‘‘(1) FISCAL YEARS 1987–2008.—The Adminis- sources of pollution on such list in lieu of a spe- TERIALS. trator’’; cific project or activity. Title VI (33 U.S.C. 1381 et seq.) is amended— (2) in paragraph (1) (as so designated)— ‘‘(2) METHODOLOGY.— (1) by redesignating section 607 as section 609; (A) by inserting ‘‘and ending before October 1, ‘‘(A) IN GENERAL.—Not later than 1 year after and 2008,’’ after ‘‘1986,’’; and the date of enactment of this paragraph, and (2) by inserting after section 606 the following: (B) by striking the second sentence; and after providing notice and opportunity for pub- ‘‘SEC. 607. TECHNICAL ASSISTANCE. (3) by adding at the end the following: lic comment, each State (acting through the ‘‘(a) SIMPLIFIED PROCEDURES.—Not later than ‘‘(2) FISCAL YEAR 2009 AND THEREAFTER.—For State’s water quality management agency and 1 year after the date of enactment of this sec- fiscal year 2009 and each fiscal year thereafter, other appropriate agencies of the State) shall es- tion, the Administrator shall assist the States in the Administrator shall reserve, before allot- tablish a methodology for developing a priority establishing simplified procedures for treatment ments to the States under section 604(a), not less list under paragraph (1). works to obtain assistance under this title. than 0.5 percent and not more than 1.5 percent ‘‘(B) PRIORITY FOR PROJECTS AND ACTIVITIES ‘‘(b) PUBLICATION OF MANUAL.—Not later of the funds made available to carry out title THAT ACHIEVE GREATEST WATER QUALITY IM- than 2 years after the date of the enactment of VI. PROVEMENT.—In developing the methodology, this section, and after providing notice and op- ‘‘(3) USE OF FUNDS.—Funds reserved under the State shall seek to achieve the greatest de- portunity for public comment, the Administrator this subsection shall be available only for grants gree of water quality improvement, taking into shall publish a manual to assist treatment works for projects and activities eligible for assistance consideration the requirements of section in obtaining assistance under this title and pub- under section 603(c) to serve— 602(b)(5) and section 603(i)(3), whether such lish in the Federal Register notice of the avail- ‘‘(A) Indian tribes (as defined in section water quality improvements would be realized ability of the manual. 518(h)); without assistance under this title, and whether ‘‘(c) COMPLIANCE CRITERIA.—At the request of ‘‘(B) former Indian reservations in Oklahoma the proposed projects and activities would ad- any State, the Administrator, after providing (as determined by the Secretary of the Interior); dress water quality impairments associated with notice and an opportunity for public comment, and existing treatment works. shall assist in the development of criteria for a ‘‘(C) Native villages (as defined in section 3 of ‘‘(C) CONSIDERATIONS IN SELECTING PROJECTS State to determine compliance with the condi- the Alaska Native Claims Settlement Act (43 AND ACTIVITIES.—In determining which projects tions of funding assistance established under U.S.C. 1602)).’’. and activities will achieve the greatest degree of sections 602(b)(13) and 603(d)(1)(E). Subtitle E—Tonnage Duties water quality improvement, the State shall con- ‘‘SEC. 608. REQUIREMENTS FOR USE OF AMER- SEC. 1501. TONNAGE DUTIES. sider— ICAN MATERIALS. (a) IN GENERAL.—Section 60301 of title 46, ‘‘(i) information developed by the State under ‘‘(a) IN GENERAL.—Notwithstanding any other United State Code, is amended by striking sub- sections 303(d) and 305(b); provision of law, none of the funds made avail- sections (a) and (b) and inserting the following: ‘‘(ii) the State’s continuing planning process able by a State water pollution control revolving ‘‘(a) LOWER RATE.— developed under section 303(e); fund as authorized under this title may be used ‘‘(1) IMPOSITION OF DUTY.—A duty is imposed ‘‘(iii) the State’s management program devel- for the construction of treatment works unless at the rate described in paragraph (2) at each oped under section 319; and the steel, iron, and manufactured goods used in entry in a port of the United States of— ‘‘(iv) conservation and management plans de- such treatment works are produced in the ‘‘(A) a vessel entering from a foreign port or veloped under section 320. United States. place in North America, Central America, the ‘‘(D) NONPOINT SOURCES.—For categories or ‘‘(b) EXCEPTIONS.—Subsection (a) shall not West Indies Islands, the Bahama Islands, the subcategories of nonpoint sources of pollution apply in any case in which the Administrator Bermuda Islands, or the coast of South America that a State may include on its priority list (in consultation with the Governor of the State) bordering the Caribbean Sea; or under paragraph (1), the State shall consider finds that— ‘‘(B) a vessel returning to the same port or the cumulative water quality improvements as- ‘‘(1) applying subsection (a) would be incon- place in the United States from which it de- sociated with projects or activities in such cat- sistent with the public interest; parted, and not entering the United States from egories or subcategories. ‘‘(2) steel, iron, and manufactured goods are another port or place, except— ‘‘(E) EXISTING METHODOLOGIES.—If a State not produced in the United States in sufficient ‘‘(i) a vessel of the United States; has previously developed, after providing notice and reasonably available quantities and of a ‘‘(ii) a recreational vessel (as defined in sec- and an opportunity for public comment, a meth- satisfactory quality; or tion 2101 of this title); or

VerDate Nov 24 2008 00:54 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 6333 E:\CR\FM\A12MR7.011 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3358 CONGRESSIONAL RECORD — HOUSE March 12, 2009 ‘‘(iii) a barge. before the period at the end the following: ‘‘or ‘‘(B) in the case of a sewer overflow that has ‘‘(2) RATE.—The rate referred to in paragraph whether the project is located in an area which the potential to affect human health, notify the (1) shall be— is served by a public water system serving 10,000 public of the overflow as soon as practicable but ‘‘(A) 4.5 cents per ton (but not more than a individuals or fewer’’. not later than 24 hours after the time the owner total of 22.5 cents per ton per year) for fiscal (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- or operator knows of the overflow; years 2006 through 2009; tion 220(j) (33 U.S.C. 1300(j)) is amended by ‘‘(C) in the case of a sewer overflow that may ‘‘(B) 9.0 cents per ton (but not more than a striking ‘‘$75,000,000 for fiscal years 2002 imminently and substantially endanger human total of 45 cents per ton per year) for fiscal through 2004’’ and inserting ‘‘$50,000,000 for health, notify public health authorities and years 2010 through 2019; and each of fiscal years 2010 through 2014’’. other affected entities, such as public water sys- ‘‘(C) 2 cents per ton (but not more than a total TITLE III—SEWER OVERFLOW CONTROL tems, of the overflow immediately after the of 10 cents per ton per year) for each fiscal year GRANTS owner or operator knows of the overflow; thereafter. ‘‘(D) report each sewer overflow on its dis- SEC. 3001. SEWER OVERFLOW CONTROL GRANTS. ‘‘(b) HIGHER RATE.— charge monitoring report to the Administrator or (a) ADMINISTRATIVE REQUIREMENTS.—Section ‘‘(1) IMPOSITION OF DUTY.—A duty is imposed the State, as the case may be, by describing— 221(e) (33 U.S.C. 1301(e)) is amended to read as at the rate described in paragraph (2) on a ves- ‘‘(i) the magnitude, duration, and suspected follows: sel at each entry in a port of the United States cause of the overflow; ‘‘(e) ADMINISTRATIVE REQUIREMENTS.—A from a foreign port or place not named in sub- ‘‘(ii) the steps taken or planned to reduce, project that receives assistance under this sec- section (a)(1). eliminate, or prevent recurrence of the overflow; tion shall be carried out subject to the same re- ‘‘(2) RATE.—The rate referred to in paragraph and quirements as a project that receives assistance (1) shall be— ‘‘(iii) the steps taken or planned to mitigate from a State water pollution control revolving ‘‘(A) 13.5 cents per ton (but not more than a the impact of the overflow; and total of 67.5 cents per ton per year) for fiscal fund under title VI, except to the extent that the ‘‘(E) annually report to the Administrator or years 2006 through 2009; Governor of the State in which the project is lo- the State, as the case may be, the total number ‘‘(B) 27 cents per ton (but not more than a cated determines that a requirement of title VI of sewer overflows in a calendar year, includ- total of $1.35 per ton per year) for fiscal years is inconsistent with the purposes of this sec- ing— 2010 through 2019, and tion.’’. ‘‘(i) the details of how much wastewater was ‘‘(C) 6 cents per ton (but not more than a total (b) AUTHORIZATION OF APPROPRIATIONS.—The released per incident; of 30 cents per ton per year) for each fiscal year first sentence of section 221(f) (33 U.S.C. 1301(f)) ‘‘(ii) the duration of each sewer overflow; thereafter.’’. is amended by striking ‘‘this section ‘‘(iii) the location of the overflow and any po- (b) LIABILITY IN REM.—Chapter 603 of title 46, $750,000,000’’ and all that follows through the tentially affected receiving waters; United States Code, is amended by adding at the period at the end and inserting ‘‘this section ‘‘(iv) the responses taken to clean up the over- end the following: $250,000,000 for fiscal year 2010, $300,000,000 for flow; and fiscal year 2011, $350,000,000 for fiscal year 2012, ‘‘§ 60313. Liability in rem for costs ‘‘(v) the actions taken to mitigate impacts and $400,000,000 for fiscal year 2013, and $500,000,000 avoid further sewer overflows at the site. ‘‘A vessel is liable in rem for any amount due for fiscal year 2014.’’. under this chapter for that vessel and may be ‘‘(2) EXCEPTIONS.— (c) ALLOCATION OF FUNDS.—Section 221(g) of ‘‘(A) NOTIFICATION REQUIREMENTS.—The noti- proceeded against for that liability in the such Act (33 U.S.C. 1301(g)) is amended to read fication requirements of paragraphs (1)(B) and United States district court for any district in as follows: (1)(C) shall not apply to a sewer overflow that which the vessel may be found.’’. ‘‘(g) ALLOCATION OF FUNDS.— is a wastewater backup into a single-family resi- (c) CONFORMING AMENDMENTS.—Such title is ‘‘(1) FISCAL YEAR 2010.—Subject to subsection further amended— dence. (h), the Administrator shall use the amounts ap- ‘‘(B) REPORTING REQUIREMENTS.—The report- (1) by striking the heading for subtitle VI and propriated to carry out this section for fiscal inserting the following: ing requirements of paragraphs (1)(D) and year 2010 for making grants to municipalities (1)(E) shall not apply to a sewer overflow that ‘‘Subtitle VI—Clearance and Tonnage Duties’’; and municipal entities under subsection (a)(2) is a release of wastewater that occurs in the (2) in the heading for chapter 603, by striking in accordance with the criteria set forth in sub- course of maintenance of the treatment works, is ‘‘TAXES’’ and inserting ‘‘DUTIES’’; section (b). managed consistently with the treatment works’ (3) in the headings of sections in chapter 603, ‘‘(2) FISCAL YEAR 2011 AND THEREAFTER.—Sub- best management practices, and is intended to by striking ‘‘taxes’’ each place it appears and ject to subsection (h), the Administrator shall prevent sewer overflows. inserting ‘‘duties’’; use the amounts appropriated to carry out this ‘‘(3) REPORT TO EPA.—Each State shall pro- (4) in the heading for subsection (a) of section section for fiscal year 2011 and each fiscal year vide to the Administrator annually a summary 60303, by striking ‘‘TAX’’ and inserting ‘‘DUTY’’; thereafter for making grants to States under of sewer overflows that occurred in the State. (5) in the text of sections in chapter 603, by subsection (a)(1) in accordance with a formula ‘‘(4) RULEMAKING BY EPA.—Not later than one striking ‘‘taxes’’ each place it appears and in- to be established by the Administrator, after year after the date of enactment of this sub- serting ‘‘duties’’; and providing notice and an opportunity for public section, the Administrator, after providing no- (6) in the text of sections in chapter 603, by comment, that allocates to each State a propor- tice and an opportunity for public comment, striking ‘‘tax’’ each place it appears and insert- tional share of such amounts based on the total shall issue regulations to implement this sub- ing ‘‘duty’’. needs of the State for municipal combined sewer section, including regulations to— (d) CLERICAL AMENDMENTS.—Such title is fur- overflow controls and sanitary sewer overflow ‘‘(A) establish a set of criteria to guide the ther amended— controls identified in the most recent survey owner or operator of a publicly owned treatment (1) in the title analysis by striking the item re- conducted pursuant to section 516.’’. works in— lating to subtitle VI and inserting the following: (d) REPORTS.—The first sentence of section ‘‘(i) assessing whether a sewer overflow has ‘‘VI. CLEARANCE AND TONNAGE 221(i) (33 U.S.C. 1301(i)) is amended by striking the potential to affect human health or may im- DUTIES ...... 60101’’; ‘‘2003’’ and inserting ‘‘2012’’. minently and substantially endanger human (2) in the analysis for subtitle VI by striking TITLE IV—MONITORING, REPORTING, AND health; and the item relating to chapter 603 and inserting PUBLIC NOTIFICATION OF SEWER OVER- ‘‘(ii) developing communication measures that the following: FLOWS are sufficient to give notice under paragraphs ‘‘603. Tonnage Duties and Light Money 60301’’; SEC. 4001. MONITORING, REPORTING, AND PUB- (1)(B) and (1)(C); and LIC NOTIFICATION OF SEWER OVER- ‘‘(B) define the terms ‘feasible’ and ‘timely’ as and FLOWS. such terms apply to paragraph (1)(A), including (3) in the analysis for chapter 603— Section 402 (33 U.S.C. 1342) is amended by site specific conditions. (A) by striking the items relating to sections adding at the end the following: ‘‘(5) APPROVAL OF STATE NOTIFICATION PRO- 60301 and 60302 and inserting the following: ‘‘(s) SEWER OVERFLOW MONITORING, REPORT- GRAMS.— ‘‘60301. Regular tonnage duties. ING, AND NOTIFICATIONS.— ‘‘(A) REQUESTS FOR APPROVAL.— ‘‘60302. Special tonnage duties.’’; ‘‘(1) GENERAL REQUIREMENTS.—After the last ‘‘(i) IN GENERAL.—After the date of issuance (B) by striking the item relating to section day of the 180-day period beginning on the date of regulations under paragraph (4), a State may 60304 and inserting the following: on which regulations are issued under para- submit to the Administrator evidence that the ‘‘60304. Presidential suspension of tonnage du- graph (4), a permit issued, renewed, or modified State has in place a legally enforceable notifica- ties and light money.’’; under this section by the Administrator or the tion program that is substantially equivalent to and State, as the case may be, for a publicly owned or exceeds the requirements of paragraphs (1)(B) (C) by adding at the end the following: treatment works shall require, at a minimum, and (1)(C). beginning on the date of the issuance, modifica- ‘‘(ii) PROGRAM REVIEW AND AUTHORIZATION.— ‘‘60313. Liability in rem for costs.’’. tion, or renewal, that the owner or operator of If the evidence submitted by a State under TITLE II—ALTERNATIVE WATER SOURCE the treatment works— clause (i) shows the notification program of the PROJECTS ‘‘(A) institute and utilize a feasible method- State to be substantially equivalent to or exceeds SEC. 2001. PILOT PROGRAM FOR ALTERNATIVE ology, technology, or management program for the requirements of paragraphs (1)(B) and WATER SOURCE PROJECTS. monitoring sewer overflows to alert the owner or (1)(C), the Administrator shall authorize the (a) SELECTION OF PROJECTS.—Section 220(d)(2) operator to the occurrence of a sewer overflow State to carry out such program instead of the (33 U.S.C. 1300(d)(2)) is amended by inserting in a timely manner; requirements of paragraphs (1)(B) and (1)(C).

VerDate Nov 24 2008 00:54 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 6333 E:\CR\FM\A12MR7.011 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3359

‘‘(iii) FACTORS FOR DETERMINING SUBSTANTIAL TITLE V—GREAT LAKES LEGACY In section 1103 of the bill, amend sub- EQUIVALENCY.—In carrying out a review of a REAUTHORIZATION section (b) to read as follows: State notification program under clause (ii), the SEC. 5001. REMEDIATION OF SEDIMENT CONTAMI- (b) AUTHORIZATION OF APPROPRIATIONS.— Administrator shall take into account the scope NATION IN AREAS OF CONCERN. The first sentence of section 122(c)(1) is of sewer overflows for which notification is re- Section 118(c)(12)(H) of the Federal Water Pol- amended— quired, the length of time during which notifica- lution Control Act (33 U.S.C. 1268(c)(12)(H)) is (1) by striking ‘‘and’’; and tion must be made, the scope of persons who amended by striking clause (i) and inserting the (2) by striking the period and inserting ‘‘, must be notified of sewer overflows, the scope of following: such sums as may be necessary for each of enforcement activities ensuring that notifica- ‘‘(i) IN GENERAL.—In addition to other fiscal years 2005 through 2009, and $100,000,000 tions of sewer overflows are made, and such amounts authorized under this section, there is for each of fiscal years 2010 through 2014.’’. other factors as the Administrator considers ap- authorized to be appropriated to carry out this In section 1303(a) of the bill, in the matter propriate. paragraph— proposed to be inserted in section 603(c) of the Federal Water Pollution Control Act— ‘‘(B) REVIEW PERIOD.—If a State submits evi- ‘‘(I) $50,000,000 for each of the fiscal years dence with respect to a notification program 2004 through 2009; and (1) in paragraph (7) strike ‘‘and’’ after the under subparagraph (A)(i) on or before the last ‘‘(II) $150,000,000 for each of the fiscal years semicolon; day of the 30-day period beginning on the date 2010 through 2014.’’. (2) in paragraph (8) strike ‘‘section 122.’’, of issuance of regulations under paragraph (4), SEC. 5002. PUBLIC INFORMATION PROGRAM. the closing quotation marks, and the final the requirements of paragraphs (1)(B) and Section 118(c)(13)(B) (33 U.S.C. 1268(c)(13)(B)) period and insert ‘‘section 122; and’’; and (1)(C) shall not begin to apply to a publicly is amended by striking ‘‘2010’’ and inserting (3) add after paragraph (8) the following: owned treatment works located in the State ‘‘2014’’. ‘‘(9) to any municipality or intermunicipal, until the date on which the Administrator com- SEC. 5003. CONTAMINATED SEDIMENT REMEDI- interstate, or State agency for measures to pletes a review of the notification program ATION APPROACHES, TECH- reduce the energy consumption needs for under subparagraph (A)(ii). NOLOGIES, AND TECHNIQUES. publicly owned treatment works, including Section 106(b) of the Great Lakes Legacy Act the implementation of energy-efficient or re- ‘‘(C) WITHDRAWAL OF AUTHORIZATION.—If the of 2002 (33 U.S.C. 1271a(b)) is amended by strik- newable-energy generation technologies.’’. Administrator, after conducting a public hear- ing paragraph (1) and inserting the following: In section 1303(f) of the bill, in the matter ing, determines that a State is not administering ‘‘(1) IN GENERAL.—In addition to amounts au- proposed to be inserted as section 603(i)(2)(A) and enforcing a State notification program au- thorized under other laws, there is authorized to of the Federal Water Pollution Control Act, thorized under subparagraph (A)(ii) in accord- be appropriated to carry out this section— strike the last sentence and insert the fol- ance with the requirements of this paragraph, ‘‘(A) $3,000,000 for each of the fiscal years 2004 lowing: ‘‘Such criteria shall be based on in- the Administrator shall so notify the State and, through 2009; and come data, population trends, and other data if appropriate corrective action is not taken ‘‘(B) $5,000,000 for each of the fiscal years 2010 determined relevant by the State, including within a reasonable time, not to exceed 90 days, through 2014.’’. whether the project or activity is to be car- the Administrator shall withdraw authorization The CHAIR. No amendment to the ried out in an economically distressed area, of such program and enforce the requirements of committee amendment is in order ex- as described in section 301 of the Public paragraphs (1)(B) and (1)(C) with respect to the Works and Economic Development Act of State. cept those printed in House report 111– 1965 (42 U.S.C. 3161).’’. 36. Each amendment may be offered ‘‘(6) SPECIAL RULES CONCERNING APPLICATION Amend section 1306 of the bill to read as OF NOTIFICATION REQUIREMENTS.—After the last only in the order printed in the report, follows: day of the 30-day period beginning on the date by a Member designated in the report, SEC. 1306. ANNUAL REPORTS. of issuance of regulations under paragraph (4), shall be considered read, shall be de- Section 606(d) (33 U.S.C. 1386(d)) is amend- the requirements of paragraphs (1)(B) and batable for the time specified in the re- ed— (1)(C) shall— port, equally divided and controlled by (1) by striking ‘‘(d) ANNUAL REPORT.—Be- ‘‘(A) apply to the owner or operator of a pub- the proponent and an opponent of the ginning’’ and inserting the following: ‘‘(d) ANNUAL REPORTS.— licly owned treatment works and be subject to amendment, shall not be subject to ‘‘(1) STATE REPORT.—Beginning’’; enforcement under section 309, and amendment, and shall not be subject to (2) in paragraph (1) (as so designated) by ‘‘(B) supersede any notification requirements a demand for division of the question. striking ‘‘loan amounts,’’ and inserting contained in a permit issued under this section AMENDMENT NO. 1 OFFERED BY MR. OBERSTAR ‘‘loan amounts, the eligible purposes under for the treatment works to the extent that the The CHAIR. It is now in order to con- section 603(c) for which the assistance has notification requirements are less stringent than sider amendment No. 1 printed in been provided,’’; and the notification requirements of paragraphs House Report 111–36. (3) by adding at the end the following: (1)(B) and (1)(C), Mr. OBERSTAR. Mr. Chairman, I ‘‘(2) FEDERAL REPORT.—The Administrator shall annually prepare, and make publicly until such date as a permit is issued, renewed, have an amendment at the desk. available, a report on the performance of the or modified under this section for the treatment The CHAIR. The Clerk will designate projects and activities carried out in whole works in accordance with paragraph (1). the amendment. or in part with assistance made available by ‘‘(7) DEFINITIONS.—In this subsection, the fol- The text of the amendment is as fol- a State water pollution control revolving lowing definitions apply: lows: fund as authorized under this title during ‘‘(A) SANITARY SEWER OVERFLOW.—The term Amendment No. 1 offered by Mr. OBER- the previous fiscal year, including— ‘sanitary sewer overflow’ means an overflow, STAR: ‘‘(A) the annual and cumulative financial spill, release, or diversion of wastewater from a In section 1101(a)(3) of the bill, in the mat- assistance provided to States under this sanitary sewer system. Such term does not in- ter proposed to be inserted as section title; clude municipal combined sewer overflows or 104(b)(8) of the Federal Water Pollution Con- ‘‘(B) the categories and types of such other discharges from the combined portion of a trol Act— projects and activities; municipal combined storm and sanitary sewer (1) in subparagraph (A)— ‘‘(C) an estimate of the number of jobs cre- system and does not include wastewater (A) insert ‘‘and tribal governments’’ after ated through carrying out such projects and backups into buildings caused by a blockage or ‘‘small municipalities’’; and activities; other malfunction of a building lateral that is (B) insert ‘‘and tribal governments’’ after ‘‘(D) an assessment of the progress made privately owned. Such term includes overflows ‘‘such municipalities’’; and toward meeting the goals and purposes of or releases of wastewater that reach waters of (2) in subparagraphs (B) and (C) strike this Act through such projects and activi- the United States, overflows or releases of ‘‘rural and small’’ and insert ‘‘rural, small, ties; and wastewater in the United States that do not and tribal’’. ‘‘(E) any additional information that the reach waters of the United States, and waste- In section 1103(a)(2) of the bill, amend sub- Administrator considers appropriate.’’. water backups into buildings that are caused by paragraph (A) to read as follows: At the end of title I of the bill, add the fol- blockages or flow conditions in a sanitary sewer (A) in the matter preceding paragraph (1)— lowing (with the correct sequential provision other than a building lateral. (i) by striking ‘‘for treatment works’’ and designations [replacing the numbers cur- inserting ‘‘to a municipality or municipal rently shown for such designations]) and ‘‘(B) SEWER OVERFLOW.—The term ‘sewer entity’’; and conform the table of contents accordingly: overflow’ means a sanitary sewer overflow or a (ii) by striking ‘‘wet weather discharge’’; SEC. 1309. UNITED STATES-MEXICAN BORDER municipal combined sewer overflow. In section 1103(a)(2)(B) of the bill, in the WATER INFRASTRUCTURE STUDIES. ‘‘(C) SINGLE-FAMILY RESIDENCE.—The term matter proposed to be inserted in section (a) STUDY OF INFRASTRUCTURE ALONG THE ‘single-family residence’ means an individual 122(a)(2) of the Federal Water Pollution Con- RIO GRANDE RIVER.— dwelling unit, including an apartment, condo- trol Act, strike ‘‘technologies’’ and insert (1) IN GENERAL.—The Administrator of the minium, house, or dormitory. Such term does ‘‘technologies and other techniques that uti- Environmental Protection Agency shall con- not include the common areas of a multi-dwell- lize infiltration, evapotranspiration, and duct a study of wastewater treatment facili- ing structure.’’. reuse of storm water on site’’. ties that discharge into the Rio Grande

VerDate Nov 24 2008 00:54 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MR7.011 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3360 CONGRESSIONAL RECORD — HOUSE March 12, 2009 River and develop recommendations for im- (2) develop recommendations— portion of the stimulus package open- proving monitoring, information sharing, (A) to improve water quality monitoring ness, accountability reports every 30 and cooperation between the United States by the operators of such treatment facilities; days, the first of which will be received and Mexico. (B) to establish a protocol for improved no- on April 3 by this committee from the (2) CONSULTATION.—The Administrator tification and information sharing between shall conduct the study in consultation with the United States and Canada; and whole range of Federal agencies and the Secretary of State, appropriate rep- (C) to promote cooperation between the State agencies that are receiving re- resentatives of the Mexican government, and United States and Canada to prevent the dis- covery funds. We take that principle the International Boundary Waters Commis- charge of untreated and undertreated waste- and incorporate those concepts of open- sion. water into the Great Lakes. ness and accountability for the future (3) REPORT.—Not later than 12 months (c) CONSULTATION.—In conducting the of this program. after the date of enactment of this Act, the study, the Administrator shall consult with Administrator shall submit to Congress a re- the International Joint Commission. b 1200 port on the results of the study, together (d) REPORT.—Not later than 12 months A review of the types and categories with the recommendations developed under after the date of enactment of this Act, the of projects, the activities carried out Administrator shall submit to Congress a re- paragraph (1). under the State Revolving Fund, the (b) STUDY OF WATER INFRASTRUCTURE port on the results of the study, together ALONG THE UNITED STATES-MEXICO BORDER.— with the recommendations developed under jobs estimated to be created from the (1) STUDY.—The Comptroller General shall subsection (b)(2). funds that States will use and cities conduct a study on water infrastructure At the end of the bill, add the following will borrow from, we want to know the along the border between the United States (with the correct sequential provision des- jobs created, the type of project, the and Mexico to augment current studies re- ignations [replacing the numbers currently category of projects, activities carried lating to colonias development. shown for such designations]) and conform out, receive that information and make (2) CONTENTS.—In conducting the study, the table of contents accordingly: it public. the Comptroller General shall examine the TITLE VI—PHARMACEUTICALS AND We also provide additional criteria comprehensive planning needs relating to PERSONAL CARE PRODUCTS water and wastewater infrastructure for for States to determine affordability SEC. 6001. PRESENCE OF PHARMACEUTICALS for wastewater infrastructure projects colonias along the border between the United AND PERSONAL CARE PRODUCTS IN States and Mexico. WATERS OF THE UNITED STATES. and activities, and tribal governments (3) REPORT.—Not later than 12 months Section 104 (33 U.S.C. 1254) is amended by to be eligible for technical and man- after the date of enactment of this Act, the adding at the end the following: agement assistance for small, publicly Comptroller General shall submit to Con- ‘‘(w) PRESENCE OF PHARMACEUTICALS AND owned sewerage agencies. gress a report on the results of the study. PERSONAL CARE PRODUCTS IN WATERS OF THE I reserve the balance of my time. In section 1501 of the bill, strike subsection UNITED STATES.— Mr. BOOZMAN. Mr. Chairman, I ask (b) and redesignate subsections (c) and (d) as ‘‘(1) STUDY.—The Administrator, in con- subsections (b) and (c), respectively. unanimous consent to claim the time, sultation with appropriate Federal agencies although I am not in opposition. In section 1501(c)(3) of the bill (as so redes- (including the National Institute of Environ- ignated)— mental Health Sciences), shall conduct a The CHAIR. Without objection, the (1) in subparagraph (A) insert ‘‘and’’ after study on the presence of pharmaceuticals gentleman from Arkansas is recognized the semicolon; and personal care products (in this sub- for 5 minutes. (2) in subparagraph (B) strike ‘‘; and’’ and section referred to as ‘PPCPs’) in the waters There was no objection. insert a period; and of the United States. Mr. BOOZMAN. Again, we very much (3) strike subparagraph (C). ‘‘(2) CONTENTS.—In conducting the study support this amendment and thank the Strike section 3001(b) of the bill and insert under paragraph (1), the Administrator chairman for bringing it forward, and I the following: shall— (b) AUTHORIZATION OF APPROPRIATIONS.— yield back the balance of my time. ‘‘(A) identify PPCPs that have been de- Mr. OBERSTAR. I thank the gen- Section 221(f) (33 U.S.C. 1301(f)) is amended to tected in the waters of the United States and read as follows: the levels at which such PPCPs have been tleman for his comments. The balance ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— detected; of the manager’s amendment includes ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(B) identify the sources of PPCPs in the proposals that we folded in from Rep- appropriated to carry out this section waters of the United States, including point resentatives CARDOZA, CLEAVER, $250,000,000 for fiscal year 2010, $300,000,000 for sources and nonpoint sources of PPCP con- CUELLAR, EDWARDS of Maryland, fiscal year 2011, $350,000,000 for fiscal year tamination; and LUJAN, MCCARTHY of New York, STU- 2012, $400,000,000 for fiscal year 2013, and ‘‘(C) identify methods to control, limit, $500,000,000 for fiscal year 2014. Such sums PAK and Mr. TEAGUE, and I will not go treat, or prevent PPCPs in the waters of the into all the details, but I will include shall remain available until expended. United States. ‘‘(2) MINIMUM ALLOCATIONS.—To the extent ‘‘(3) REPORT.—Not later than 12 months in the RECORD under general leave my there are sufficient eligible project applica- after the date of enactment of this sub- complete statement covering those tions, the Administrator shall ensure that a section, the Administrator shall submit to provisions. I ask support for the man- State uses not less than 20 percent of the Congress a report on the results of the study ager’s amendment. amount of the grants made to the State conducted under this subsection, including I yield back the balance of my time. under subsection (a) in a fiscal year to carry the potential effects of PPCPs in the waters Mr. BOOZMAN. Mr. Chairman, I ask out projects to control municipal combined of the United States on human health and sewer overflows and sanitary sewer overflows unanimous consent to reclaim a aquatic wildlife. minute of my time. through the use of green infrastructure, ‘‘(4) PHARMACEUTICALS AND PERSONAL CARE water and energy efficiency improvements, PRODUCTS DEFINED.—In this subsection, the The CHAIR. Without objection, the and other environmentally innovative ac- terms ‘pharmaceuticals and personal care gentleman from Arkansas is recognized tivities.’’. products’ and ‘PPCPs’ mean products used for 1 minute. At the end of title V of the bill, add the fol- by individuals for personal health or cos- There was no objection. lowing (with the correct sequential provision metic reasons or used to enhance growth or Mr. BOOZMAN. I yield 1 minute to designations [replacing the numbers cur- health of livestock.’’. the gentleman from California (Mr. rently shown for such designations]) and conform the table of contents accordingly: The CHAIR. Pursuant to House Reso- BILBRAY). Mr. BILBRAY. Mr. Chairman, I am SEC. 5004. GREAT LAKES WATER QUALITY. lution 235, the gentleman from Min- (a) STUDY.—The Administrator of the Envi- nesota (Mr. OBERSTAR) and a Member not in opposition to the amendment. I ronmental Protection Agency, in consulta- opposed each will control 5 minutes. think the amendment is actually ap- tion with the Secretary of State and the The Chair recognizes the gentleman propriate. My concern about it is, and Government of Canada, shall conduct a from Minnesota. I will say this to the chairman of the study of the condition of wastewater treat- Mr. OBERSTAR. The manager’s committee, I totally, coming from ment facilities located in the United States amendment incorporates several im- local government, totally support the and Canada that discharge into the Great portant policy changes to the Clean openness here. I think at a time when Lakes. Water Act, principally to promote we still have storm water diversion (b) CONTENTS.—In conducting the study, the Administrator shall— transparency and accountability fol- going over and polluting our rivers, it (1) determine the effect that such treat- lowing on the committee’s portion of is crazy that we don’t do more. ment facilities have on the water quality of the Economic Recovery Act, in which But I would ask the chairman to be the Great Lakes; and we require across the spectrum of our aware of the fact that although we will

VerDate Nov 24 2008 02:25 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MR7.023 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3361 be able to tell the public, and the pub- and plants helps mitigate the effects of climate significant resources to developing the green lic will be able to know, where their change. Building and maintaining these nat- collar workers that are needed to build green money is going and how it is being ural systems create green jobs as well. Fi- infrastructure. In tough times, these jobs will spent, there is still that issue the nally, by reducing runoff, green infrastructure provide an economic stimulus to distressed American people are very upset about, can alleviate flooding issues. areas. Finally, Kansas City has kicked off the what the Senate did to the stimulus Perhaps most importantly, given the size of largest demonstration of green solutions for package, and that is the issue that the the federal contribution that this water quality CSO control in the nation, in the Marlborough public will not know: Are the people financing bill represents, green infrastructure neighborhood. Covering 100 acres, the project who are getting the jobs legally in the can be more cost effective than traditional will be designed to store 500,000 gallons of country? Do their Social Security grey solutions, even without considering the stormwater. This project will replace the origi- names and numbers match? And will ancillary benefits listed above. Numerous nal plan for management of this area—two un- the public be able to know how many demonstration projects have shown that green derground storage tanks that would have con- legal residents and Americans got this infrastructure can achieve the same level of tributed no additional benefits to the neighbor- job as opposed to somebody who is in runoff control for less money. For example, hood or the environment. violation of our immigration status? studies of new residential developments have This bill will help cities adopt these and The E-Verify was a great bipartisan ef- found that green infrastructure can control other innovative strategies, and it is in keeping fort here in the House. For us to aban- stormwater for $3,500 to $4,500 less per lot with the New Direction this Congress has don that as a minimum standard to than traditional stormwater controls. At the charted: one in which economic prosperity, en- allow the public to know, I disagree same time, the developments with green infra- vironmental protection, and social well-being with that. structure have higher property values. More- are not mutually exclusive. That is why I am Mr. CLEAVER. Mr. Chair, I rise today in over, retrofitting existing urban spaces for proud to support H.R. 1262, particularly the support of H.R. 1262, the Water Quality In- green infrastructure is competitive in cost with amendment by my good friend Chairman vestment Act of 2009, which my good friend conventional stormwater controls, especially OBERSTAR. I urge all my colleagues to support Chairman OBERSTAR introduced. In particular, when viewed as a component of a coherent this vital piece of legislation. I am very proud to support the Oberstar watershed approach. When the additional ben- Mr. INSLEE. Mr. Chair, the recent discovery Amendment, containing provisions to ensure efits of green infrastructure are included, it be- of pharmaceuticals in our nation’s waters has that no less than 20 percent of all sewer over- comes a very attractive alternative. increased concern over how these drugs may flow control grants allocated through this legis- No one argues that green infrastructure affect the surrounding environment. That is lation will be spent on projects that incorporate alone can solve the enormous sewer overflow why I am proud to have worked with Con- green infrastructure practices. problem. But my amendment recognizes the gresswoman MCCARTHY, Congresswoman H.R. 1262, the Water Quality Investment Act growing consensus that green infrastructure BALDWIN and Congresswoman SCHWARTZ to authorizes significant federal investment aimed deserves a place among the suite of tools secure an amendment in the Water Quality In- at reducing sewer overflows in the, United used by watershed managers in an increas- vestment Act of 2009 that would require the States—a problem that threatens human ingly environmentally conscious society. Amer- EPA to study the presence of pharmaceuticals health and the environment across the coun- icans are demanding that we as lawmakers and personal care products in our waters. This try. account for and take steps to reduce the foot- amendment is extremely important in advanc- Currently, most cities that have created print that we make on our fragile planet. This ing our understanding on how to cleanup EPA-mandated plans to reduce their sewer bill is a step toward meeting those expecta- these potentially hazardous materials. I would overflows have relied on the increase of treat- tions. also like to thank Chairman OBERSTAR for in- ment and storage capacity, and the separation Indeed, America’s cities are already moving clusion of this amendment in the manager’s of sanitary and stormwater sewers—so-called in the direction of making green infrastructure amendment. It is my hope that Congress will ‘‘grey solutions.’’ However, research and dem- an integral part of sewer overflow control strat- continue to examine the issues surrounding onstration projects have shown promising re- egies. Green roofs cover more than 1 million the presence of pharmaceuticals in dangerous sults for the use of ‘‘green infrastructure’’ to square feet in Chicago, thanks in part to settings and work to pass the Safe Drug Dis- help solve the sewer overflow problem. Green grants of $5,000 the city offers to building posal Act of 2009 in the near future. infrastructure takes nature as its guide, using owners that install a green roof. Chicago is The CHAIR. The question is on the plants and natural systems to infiltrate also aggressively pursuing permeable pave- amendment offered by the gentleman stormwater into the soil before it enters the ment along its 2,000 miles of alleyways. In the from Minnesota (Mr. OBERSTAR). sewers, taking pressure off of cities’ collection face of rising costs and economic challenges, The amendment was agreed to. and treatment systems. the Metropolitan Sewer District of Greater Cin- AMENDMENT NO. 2 OFFERED BY MR. MACK I was proud to contribute a provision in the cinnati in 2007 took the bold step of re-exam- The CHAIR. It is now in order to con- Oberstar Amendment that will ensure that no ining its EPA-mandated combined sewer over- sider amendment No. 2 printed in less than 20 percent of grant funds made flow (CSO) control plan, proposing that an ag- House Report 111–36. under this bill for sewer overflow control will gressive stormwater management strategy Mr. MACK. Mr. Chairman, I have an be spent on projects that incorporate green in- using green infrastructure be implemented to amendment at the desk. frastructure approaches and practices. This reduce the burdensome cost of conventional The CHAIR. The Clerk will designate strikes a reasonable balance between green grey solutions in their original plan. Wash- the amendment. infrastructure and traditional control systems, ington, DC has investigated the stormwater The text of the amendment is as fol- as both have a role in creating a sustainable benefits of green roofs and trees, and esti- lows: and workable solution to sewer overflows. mated that aggressive implementation of Amendment No. 2 offered by Mr. MACK: Green infrastructure has significant advan- In section 1302(b)(4) of the bill, in the mat- green roofs and tree planting could reduce ter proposed to be inserted as section tages over grey solutions. These strategies re- CSOs by 1 billion gallons annually. 602(b)(14) of the Federal Water Pollution duce stormwater runoff, relieving combined Kansas City, Missouri, which I proudly rep- Control Act, insert ‘‘and’’ after the semi- sewer systems of large quantities of resent, has decided as a community that colon. stormwater that contribute to sewer overflows. green infrastructure must be a main compo- In section 1302(b)(4) of the bill, in the mat- At the same time, these natural systems can nent of its sewer overflow control strategy. To ter proposed to be inserted as section filter stormwater, removing pollutants that oth- that end, Kansas City’s plan allocates tens of 602(b)(15) of the Federal Water Pollution erwise can be conveyed to streams and lakes. millions of dollars toward implementing green Control Act, strike ‘‘; and’’ and insert a pe- riod. By holding stormwater runoff in the watershed infrastructure solutions. The plan continues In section 1302(b)(4) of the bill, strike the where it falls, green infrastructure helps re- and expands the City’s award-winning ‘‘10,000 matter proposed to be inserted as section charge groundwater sources that many cities Rain Gardens’’ campaign, which educates citi- 602(b)(16) of the Federal Water Pollution rely on for drinking water. Green infrastructure zens about the benefits of installing rain gar- Control Act. also provides more greenspace to our con- dens and provides resources to residents who The CHAIR. Pursuant to House Reso- crete-covered cities. These open areas allow want to plant a rain garden. The program will lution 235, the gentleman from Florida for recreational uses as well as reducing the be expanded to help residents disconnect their (Mr. MACK) and a Member opposed each urban heat island effect, which reduces energy downspouts. Recognizing the economic bene- will control 10 minutes. needs. This reduced energy use combined fits of green infrastructure to the long term The Chair recognizes the gentleman with greater sequestration of carbon in trees local economy, Kansas City is also allocating from Florida.

VerDate Nov 24 2008 01:21 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.030 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3362 CONGRESSIONAL RECORD — HOUSE March 12, 2009 Mr. MACK. Mr. Chairman, I would labor. I cannot believe that Members cent. Furthermore, the costs of Davis- like to yield myself such time as I may can sit back and allow this provision to Bacon are particularly burdensome for consume. be part of the underlying legislation. small businesses. This mandate can I would first like to thank Chairman Our taxpayers deserve better. saddle private companies with literally OBERSTAR and Ranking Member MICA Mr. Chairman, I reserve the balance millions of dollars in excess adminis- for all of their efforts to promote clean of my time. trative work every year. Small, locally water and infrastructure investment. Mr. OBERSTAR. Mr. Chairman, I rise owned businesses can’t afford this type Despite these good efforts, I find it to claim the time in opposition to the of bureaucracy. They rarely have the hard to believe that the majority amendment. resources to comply. As a result, large would include a job-killing provision The CHAIR. The gentleman from companies are more often rewarded known as Davis-Bacon in this legisla- Minnesota is recognized for 10 minutes. government contracts, even for small tion. Mr. OBERSTAR. Mr. Chairman, I projects. At a time when the economy With Davis-Bacon and the majority’s yield myself 2 minutes. is hurting as it is and small businesses introduction of the Card Check legisla- It is always astonishing to me, over are the ones creating jobs, give them tion earlier this week, the Democrat the going on 35 years that I have served the opportunity to do it. Federal law leadership is telling big labor that they in the House, on those few occasions should not have a built-in bias against are open for business and it is time to when prevailing wage has become an small businesses. cash in on the backs of hardworking issue of discussion on the House floor, I urge my colleagues to support this American taxpayers. it is characterized as ‘‘job killing’’ and amendment and remove the costly and As Members of Congress, one of our ‘‘union boss wages’’ and other such, not burdensome Davis-Bacon requirement. jobs is to make certain that our coun- that the gentleman from Florida used Mr. OBERSTAR. Mr. Chairman, I try has safe, accessible and modern in- such language, but it has been used on yield 2 minutes to the distinguished frastructure. It is our responsibility as other occasions. gentleman from New York (Mr. legislators to foster a competitive en- This is far from job killing. Good BISHOP), a member of the committee. vironment that enables businesses to Lord, this was a provision signed into Mr. BISHOP of New York. Mr. Chair- hire the workers they need and to meet law by Herbert Hoover on March 3, man, I rise in opposition to the amend- these goals. 1931, in response to an appeal from con- ment. I rise particularly noting that Sadly, this is a bill we should all be tractors who said that job-stealing con- Congressman Bacon at one point rep- able to support. But with the poison tractors from other parts of the coun- resented the district that I have the pill of the Davis-Bacon provision, this try were coming into New York on honor of representing. becomes unacceptable legislation, and Long Island, where a federally funded I want to be clear on what our friends on the other side of the aisle are fight- I in good faith cannot support it. hospital was being built, and undercut- ing for. The prevailing wage for a The Davis-Bacon Act passed in 1931 is ting their wages—and that was pretty bricklayer in Lee County, Florida, is a throw-back to failed Depression-era hard to do in those days, because the $8.34 an hour. That is an annual rate of economic policies and is fiscally irre- wage was only about 25 cents an hour— $17,000 a year. The Federal poverty sponsible. Davis-Bacon is basically a and setting up tents on the property level for a family of four is approxi- federally mandated super-minimum where the construction project was un- mately $21,000 a year. Does this Con- wage provision that applies to federally derway to undercut the local con- gress really want to go on record as im- funded infrastructure projects. Davis- tractor who then appealed to the ad- posing a wage rate that consigns the Bacon provisions force construction ministration for help. Didn’t get any, hardworking people of our commu- projects to deal with unnecessary red but the local Republican member of nities to living under the Federal pov- tape and lead to higher construction the House, Mr. Bacon, vigorously pro- erty level? I would hope not. costs. It ensures that wages are artifi- tested that practice. The prevailing wage for a backhoe cially set by bureaucrats, not by the The Assistant Secretary of Com- operator in Madison County, Arkansas, free-market forces. merce, Mr. Davis, left the administra- is $12.17 an hour. Is that a wage that we Currently 18 States, including my tion, went back to Pennsylvania, was can find indefensible? Is that a wage home State of Florida, have no pre- elected to the United States Senate, that is going to bankrupt the compa- vailing wage laws. With the inclusion and in 1931 joined with Mr. Bacon, nies that hire these people? Absolutely of Davis-Bacon, my constituents, along moved this legislation through the not. An annual rate of $25,000 a year, with 17 other States, will see increased House and Senate, and Herbert Hoover how do we help our families get their costs of public construction, thereby signed it into law. It has not killed jobs piece of the American dream when we reducing the volume of projects and in over 70-some years. consign them to wages as low as $17,000 jobs. I reserve the balance of my time. a year or $25,000 a year. Mr. Chairman, I stand up for Florida Mr. MACK. Mr. Chairman, I yield 2 So I would urge my colleagues to and other States today. Do not burden minutes to the gentleman from Cali- both reject this amendment and to them with this reckless policy. This fornia (Mr. MCKEON). make a statement that we want to sup- bill today represents an unprecedented Mr. MCKEON. Mr. Chairman, I thank port the working families of our com- expansion of Davis-Bacon. The Clean the gentleman for yielding, and I rise munities. We want to see to it that Water Investment Act mandates that in strong support of this amendment. they are paid a livable wage. And we any project funded even in part by the Inclusion of the Davis-Bacon man- want to ensure, frankly, that we don’t State Revolving Fund is subject to the date in H.R. 1262 represents both bad give opportunity to unscrupulous con- prevailing wage requirements. policy and bad process, and I support tractors who will not be bound by Fed- To be blunt and simple, Davis-Bacon this effort to correct it. eral prevailing-wage requirements, and is fiscally irresponsible policy and First on process. The Education and they will then access a workforce that should not be included in this legisla- Labor Committee, the committee with is willing to accept the subsistence tion. Repealing Davis-Bacon would jurisdiction over Davis-Bacon, never wages and no benefits that would go save taxpayers billions in construction considered the bill’s Davis-Bacon pro- along with such a job. and administrative costs. These num- vision, not in a hearing, not in a mark- Mr. MACK. Mr. Chairman, I would bers may seem trivial to some of my up, not in any procedure whatsoever. If like to yield 3 minutes to the gen- colleagues, especially in this time we had, we would have weighed the im- tleman from Iowa (Mr. KING). when the majority has spent more than pact of this provision on the projects Mr. KING of Iowa. Mr. Chairman, I a trillion dollars in the last few themselves, on local economies, and in- thank the gentleman from Florida for months, but to my constituents, this is deed, on the American taxpayers. That yielding. completely unacceptable. brings me to my second objection, the This is an issue that will bring me to If we repeal Davis-Bacon, we could policy. this floor every opportunity I get. I be- use these savings to create more jobs By inflating labor rates, Davis-Bacon lieve I would be the one Member of this and improve our water supply, rather typically increases the cost of Federal Congress who has lived under the op- than just lining the pockets of big projects by anywhere from 5 to 38 per- pressive burden of the Davis-Bacon Act

VerDate Nov 24 2008 01:21 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.032 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3363 the longest and been impacted by it the But I will add one more argument to that would do just the opposite. Re- most. this, and that is: Herbert Hoover may pealing Davis-Bacon would create jobs, b 1215 have signed the bill, but this is the last save money, and allow for more crit- Jim Crow law that I know that’s on the ical projects to be completed. There is a second-generation King books, and that can’t be defended. Including this provision in the bill Construction that is impacted by this Mr. OBERSTAR. Mr. Speaker, I yield means fewer jobs for fewer workers at now, not of my interest. 2 minutes to the distinguished gentle- a time when we want more people to The gentleman from Minnesota woman from Michigan, a member of have more opportunity. But Mr. Chair- knows how much respect I have for the committee. man, it comes as little surprise that in him. I appreciate him bringing up Her- Mrs. MILLER of Michigan. I thank the same week the majority would ram bert Hoover. Herbert Hoover did sign the gentleman for yielding. through these Davis-Bacon provisions, this Davis-Bacon Act bill. It was about Mr. Speaker, I rise in strong opposi- they would introduce the Card Check the same time that he was initiating tion to this amendment because, quite bill. These reckless policies promote the beginnings of the old New Deal. simply, Davis-Bacon works. inefficiency and end up hammering all And I don’t agree with either one of Some might say that Davis-Bacon is of our constituents. I hope this Con- those decisions of Herbert Hoover, but nothing more than a giveaway to gress will once and for all eliminate I will defend his legacy when he’s right. unions, but nothing in Davis-Bacon ac- the outdated barrier to job creation. This time, Herbert Hoover was tually requires government contractors Mr. Chairman, we need to leave wrong, and here is the reason: that we to hire union labor. All Davis-Bacon Davis-Bacon and these failed Depres- should, as consenting adults, have a actually does is to require that a local sion-era policies where they belong—in protected right to enter into an agree- prevailing wage be paid to employees the history books. ment of our choice. If two consenting who do work on government infrastruc- I urge all Members to vote for my adults sit down and decide—if I want to ture projects. And it just so happens amendment to strip the Davis-Bacon work for my neighbor for $10 an hour, that in many cases, when Davis-Bacon provisions and to stand up for the what business is it of this Congress to is applied, that union labor is hired be- American people, not Big Labor. tell me and my neighbor that I can’t do cause they have outstanding training Mr. Chairman, I yield back the bal- that job for $10 an hour? that warrants the wage that is being ance of my time. Under the 10th amendment, the Fed- paid is paid to them. And in the end, Mr. OBERSTAR. I yield 1 minute to eralism concept, the powers that be- most importantly, good work is done the distinguished gentleman from Or- long to the States stay with the States. on public projects. egon (Mr. BLUMENAUER). This reaches across into the Constitu- Let us also remember for a moment Mr. BLUMENAUER. I appreciate the tion and it says to the States, this re- what actually happened after Hurri- comments from my colleague from volving fund, even if it’s your own cane Katrina when then-President Florida, who talked about the Em- money, you can’t make those decisions Bush suspended Davis-Bacon during ployee Free Choice Act in the same any longer at the State level, you have the emergency rebuilding. During that breath as the Davis-Bacon, because it to let the people in Congress make that time, Mr. Speaker, we saw local work- is part and parcel of the same issue. decision—which I know they’re going ers turned away in favor of immigrant There has been a concerted war to go back and say, well, this is a pre- labor from other areas, many of them against organized labor for years. vailing wage. Well, no, it’s a union workers who were in this country ille- Workers have been discriminated scale. If it were a prevailing wage, you gally. It got so bad after Katrina that against when they have tried to orga- wouldn’t need to have the Department I joined a number of my Republican nize, they have been cheated, they have of Labor looking in to keep all of these colleagues in going to President Bush been fired for exercising their rights records. I have had them come and ask to implore him to restore Davis-Bacon with little penalties. me what are we paying our people. protections. President Bush then re- And look at what happened during Sometimes it’s more than union scale, scinded his earlier order and the people Katrina when the Davis-Bacon provi- sometimes it’s less than union scale; it of the gulf coast got the jobs they sions were suspended. That didn’t depends on where the job is. But if you needed and the rebuilding went much trickle down to provide more family report the prevailing wage as a merit smoother. And I will say this: When wage jobs. It provided more minimum shop contractor—which I have spent government work is being done in wage jobs, but profit all up the food nearly 30 years doing—you can bet that Michigan, I want highly skilled Michi- chain. I invite people to look at the the union organizers will show up at gan building trades workers to get disaster that resulted from suspending your door. And so for that reason, those jobs. these worker provisions. smart merit shop contractors don’t Mr. Chairman, again, very simply, Mr. Chairman, we in Oregon had a submit themselves to that kind of or- Davis-Bacon works. And I would urge spirited, robust State-wide referendum ganization. They just don’t report the my colleagues to reject this amend- on this issue. By a 60–40 vote, our citi- prevailing wage, so it becomes de facto ment. zens, supported by a conservative Re- union scale. That is the reality of this. Mr. MACK. Mr. Chairman, I yield publican Governor, decided they want- And my numbers are this—this is out myself the remaining time. ed these worker provisions. This pro- of King Construction’s books: The addi- Mr. Chairman, in listening to the ar- tection for working people is impor- tional cost, when we go into a Davis- guments, earlier a gentleman spoke tant, and I hope we keep it. Bacon job, is between 8 and 35 percent. about Lee County, Florida. Well, let Mr. OBERSTAR. I thank the gen- It depends on the region, and it de- me tell you what he didn’t say. He tleman for his statement. I yield my- pends on the amount of materials. This didn’t talk about the thousands of peo- self the balance of the time. reaches down into this and tells the ple that are out of work and that would This is the kind of debate we should States, you’re going to have to pay this like to have a job, that lost their job have, based on facts, based on reality for the remaining States that do not maybe in the construction industry in the workplace, the deeply felt views have many Davis-Bacon laws, like and that would like to go back to on issues, and it’s why I insisted in Florida, like Iowa. It imposes a Federal work. With the Davis-Bacon provision committee and at the Rules Committee Davis-Bacon wage scale on all of us. in this bill, we won’t be able to hire as that the gentleman from Florida be al- I have not heard a rational argument many people as we would like. That lowed to offer this amendment in place that upholds the side of Davis-Bacon means fewer jobs and fewer opportuni- and early on in consideration of this from proponents of it. I stand in sup- ties for the families that live in south- bill. It is appropriate to have this dis- port of this amendment. We cannot west Florida and all over this country. cussion. take away the 10th amendment rights Mr. Chairman, at a time when we are I have great respect for the gen- of our States to do business as they see debating solutions to jump-start our tleman from Iowa (Mr. KING) who fit with their money. That is a viola- economy and the importance of job spoke earlier; we have worked together tion of the Constitution, in my view. creation, the Democrat majority has on a great many issues. He, too, speaks There has to be a rational argument. incorporated a provision in this bill from the heart and from his experience

VerDate Nov 24 2008 01:21 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.033 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3364 CONGRESSIONAL RECORD — HOUSE March 12, 2009 on a range of business matters. And far efforts to promote clean water and infrastruc- increase public construction costs by as much be it from me to defend Herbert Hoo- ture investment. Despite these good efforts, I as 38 percent. A recent estimate from the ver. But there are a few things in Hoo- find it hard to believe that the majority would Beacon Hill Institute suggests Davis-Bacon ver’s repertoire that are worthy to include a job-killing provision known as Davis- costs taxpayers $8.6 billion per year. I cannot note. He launched aviation security as Bacon in this legislation. believe that Members can sit back and allow Secretary of Commerce in 1926. He Mr. Chairman, with Davis-Bacon and the this provision to be part of this underlying leg- signed Davis-Bacon. He established the majority’s introduction of the card check legis- islation. Reconstruction Finance Corporation. lation earlier this week, the Democratic leader- Our taxpayers deserve better. Not all of Hoover was bad, as he is as- ship is telling Big Labor that we’re open for Mr. Chairman, at a time when we are debat- sociated with the Great Depression. business and it’s time to cash in on the backs ing the solutions to jumpstart our economy The gentleman from Iowa has left the of hardworking American taxpayers! and the importance of job creation, the Demo- floor, but I couldn’t help noting that As Members of Congress, one of our jobs is cratic majority has incorporated a provision in the prevailing wage in Sioux City for to make certain that our county has safe, ac- this bill that would do just the opposite. iron workers, $20.95—that’s not the cessible, and modern infrastructure. It is our Repealing Davis-Bacon would create jobs, union wage, that’s prevailing wage. responsibility as legislators to foster a com- save money, and allow for more critical projects to be completed. Including this provi- And for a truck driver, it is $18.25 in petitive environment that enables businesses sion in this bill means fewer jobs for fewer Sioux City, compared to a truck driver to hire the workers they need to meet these workers at a time when we want more people prevailing wage in Minnesota, in my goals. district, in Lake County, $10.86. to have more opportunity. Sadly, this is a bill we should all be able to It comes as little surprise that in the same The prevailing wage varies all over support, but with the poison pill of the Davis- the country, depending on what the week the majority would ram through these Bacon provision, this becomes unacceptable Davis-Bacon provisions, they introduce the local labor survey shows. This is not a legislation and I in good faith cannot support national wage, this is not a negotiated card check bill. These reckless policies pro- it. mote inefficiency, and end up harming all of wage; this is the best they do in that The Davis-Bacon Act, passed in 1931, is a particular area in this particular skill. our constituents. throwback to failed Depression-era economic I hope this Congress will once and for all For the gentleman from Florida (Mr. policy and is fiscally irresponsible. The act MACK), a backhoe operator prevailing eliminate this antiquated barrier to job creation was originally passed with the intent of pre- in the private sector. wage is $11.04. A backhoe operator in venting nonunionized and immigrant laborers northeastern Minnesota gets $14.64. A We need to leave Davis-Bacon and these from competing with unionized workers for failed Depression-era policies where it be- backhoe operator in Mr. MICA’s district very scarce jobs. This provision forced com- gets $10.35. Union wage is about double longs: in the history books! munities to hire workers at higher prices and I urge all members to vote for my amend- that. These are not confiscatory wages— completely eliminated the pool of competition ment to strip the Davis-Bacon provisions and they are just barely staying ahead of and competitive wages. stand up for the American people, not Big the minimum wage. I know what it’s Davis-Bacon is essentially a federally-man- Labor. Ms. EDDIE BERNICE JOHNSON of Texas. like to work as a laborer. I worked on dated, super-minimum wage provision that ap- Mr. Chair, I strongly oppose the amendment laborer jobs when I was going through plies to federally-funded infrastructure projects. offered by the gentleman from Florida (Mr. college, carrying a hod of mud for a Many studies have concluded that Davis- Bacon provisions force construction projects to MACK). bricklayer, puddling concrete on a This amendment would strike the language street-laying job, laying pipe for the deal with unnecessary red tape and lead to higher construction costs. renewing Davis-Bacon prevailing wage protec- sewage treatment plant in my home- tions for construction projects funded under town at $1.25 an hour. That was below Davis-Bacon requirements ensure that wages are artificially set by bureaucrats not by the Clean Water State Revolving Fund. the minimum wage because we didn’t Since 1931, the Davis-Bacon Act has pro- have a union contractor on the job. free market forces. Currently 18 states, inducting my home vided a living wage for America’s workers. We ought to pay people a decent As the authors of the Davis-Bacon Act knew wage, a living wage. All we’re asking state of Florida have no prevailing wage laws. With the inclusion of Davis-Bacon, my con- then, and as we continue to know today, the for is the prevailing wage. And when greatest way to improve the quality of life for the gentleman from Florida, the rank- stituents, along with the 17 other states will see increased costs of public construction, our nation’s workers and for the nation as a ing member, said earlier, this is an ex- whole is to provide workers with an honest pansion. Technically, yes, because the thereby reducing the volume of projects and jobs. wage for an honest day’s work. law expired. The Republican majority One of the unfortunate effects of today’s Mr. Chairman, I stand up for Florida and allowed this legislation, State Revolv- economy and cost-of-living is that many fami- other states today—do not burden them with ing Loan Fund, to expire. It was last lies find themselves struggling to make ends this reckless policy. authorized in 1994, and they allowed it meet. to expire and it hasn’t been authorized In 1987, the Clean Water Act stated that In fact, today, many families either have since then. So technically you can say, Davis-Bacon rates would only apply to con- both parents working or one wage-earner yeah, it is new, it’s new legislation. We tracts where direct federal dollars were used. working multiple jobs just to afford a decent are just restoring what was. This bill today represents an unprecedented living for themselves and their families. This amendment should be defeated. expansion of Davis-Bacon. The Clean Water I believe that is important for the Federal Mr. MACK. I ask unanimous consent Investment Act mandates that any project government to help working Americans. It has to reclaim my 30 seconds to thank the funded even in part by the State Revolving been well documented by this Committee that chairman. Loan Fund, is subject to the prevailing wage every $1 billion invested in transportation and The CHAIR. Is there objection to the requirements. water infrastructure creates over 35,000 jobs. request of the gentleman from Florida? To be blunt and simple, Davis-Bacon is a In addition, the Davis-Bacon provisions have There was no objection. fiscally irresponsible policy and should not be increased the numbers of minority and women Mr. MACK. Mr. Chairman, I failed to included in this legislation. construction workers nationwide, providing val- mention earlier that, in the com- Repealing this Act would save federal tax- uable wage protections and training opportuni- mittee, when I brought this amend- payers billions on construction and administra- ties for groups that might otherwise be left be- ment forward, Chairman OBERSTAR was tive costs. These numbers may seem trivial to hind. gracious and kind to allow this debate some of my colleagues—especially in this era As of today, twenty-nine states have en- to happen on the floor, and I think that where the majority has spent more than a tril- acted their own prevailing wage laws for pub- shows great character. I want to thank lion dollars in the last month—but to my con- licly funded construction projects. In some of him for his efforts to have the debate stituents this is completely unacceptable! If we these states, the prevailing wage laws result in on the floor so we can let the people in repealed Davis-Bacon, we could use this sav- even higher wages for workers than if the the United States hear what the Con- ings to create more jobs and improve our Federal Davis-Bacon provisions, alone, were gress is up to on this amendment. water supply rather than just lining the pockets in effect. Thank you so much. of Big Labor. However, for those States without prevailing I would first like to thank Chairman OBER- According to the Associated Builders and wage protections, the Davis-Bacon Act is es- STAR and Ranking Member MICA for all of their Contractors, Davis-Bacon has been shown to sential to protecting America’s workers.

VerDate Nov 24 2008 01:21 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\K12MR7.036 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3365 I have heard statements from opponents of form of grants. Each State uses the nities that have demonstrated clean water the Davis-Bacon Act who claim that the gov- fund to issue long-term, low-interest needs. For instance, 19 percent of Colorado’s ernment would save money if the Davis-Bacon loans for publicly owned wastewater total wastewater needs are made up of sys- provisions were not included. treatment construction. Loans are re- tems that serve small communities. Similarly, In fact, such a move would be penny-wise paid to the fund, thereby ensuring a in Maryland, 12 percent of the total needs are and pound-foolish, because such a move perpetual source of financing for cap- for small communities. In my own state of Min- would not reduce the cost of construction ital projects. nesota, the figure is a staggering 39 percent. projects. According to the EPA, communities Given the economic straits that currently Studies have shown that the prevailing of less than 10,000 people often have a grip the nation, it is increasingly difficult for wage protections offered by the Davis-Bacon harder time building and maintaining small and rural communities to generate re- Act, in fact, attract better workers with more wastewater treatment facilities due to sources on their own to address their waste- experience and training who are more produc- financial limitations. This leaves small water needs. This amendment provides the tive than less experienced, and less trained communities at a disadvantage for tools for small communities throughout the workers. keeping up to date with water quality country to repair the wastewater infrastructure This increase in productivity often results in standards. that we as a nation depend on for clean water. the completion of construction projects ahead In my district, the town of Brush, I urge my colleagues to join me in sup- of schedule, reducing the overall cost of the Colorado, population 5,500, has a waste- porting the amendment offered by the gentle- project, and offsetting any increased costs due water treatment facility that is 44 woman from Colorado and the gentleman from to higher hourly wage rates. years old. While this facility is cur- Maryland. Removing the Davis-Bacon protections rently meeting water quality stand- Mr. BOOZMAN. Mr. Chair, I also ask would, however, have a significant downward ards, it is in need of an overhaul to re- the gentlewoman to yield. impact on the Federal budget, since lower place fatigued equipment and stay Ms. MARKEY of Colorado. Yes, I will wages for construction workers would result in ahead of ever-changing water quality yield. an estimate decline of $1 billion in Federal tax standards. Mr. BOOZMAN. We also do not op- revenues. Replacement of the wastewater pose the amendment. I strongly oppose this amendment, and urge treatment plant is likely to cost Brush Ms. MARKEY of Colorado. Thank my colleagues also to oppose the amendment. between $16 to $18 million. With a me- you. Ms. MACK. Mr. Chairman, I yield dian household income of $31,000, the Mr. Chair, I yield such time as he back the balance of my time. town of Brush simply cannot afford to may consume to the gentleman from The CHAIR. The question is on the finance the project with the rate in- Maryland (Mr. KRATOVIL). amendment offered by the gentleman creases alone. Brush is seeking funding Mr. KRATOVIL. I would like to from Florida (Mr. MACK). through the State Water Revolving thank the gentlewoman from Colorado The question was taken; and the Fund program. for yielding. Chair announced that the noes ap- The needs of Brush are not unique to Mr. Chair, I rise in support of the peared to have it. small communities around the coun- Markey-Kratovil amendment because Mr. MACK. Mr. Chairman, I demand try. The town of Wray, in Yuma Coun- this Congress needs to do more to en- a recorded vote. ty, Colorado, needs to expand their cur- sure that rural communities receive an The CHAIR. Pursuant to clause 6 of rent wastewater treatment facility. equal share of the funds needed to pro- rule XVIII, further proceedings on the This project is projected to cost up to tect our environment, reduce pollution, amendment offered by the gentleman $5 million. Wray has a population of and provide clean water. from Florida will be postponed. 2,300 people, with a median household Of the top 15 Clean Water Fund prior- ities in Maryland, eight of them are lo- AMENDMENT NO. 3 OFFERED BY MS. MARKEY OF income of $29,000. cated in my district, the First District. COLORADO b 1230 The CHAIR. It is now in order to con- Of those eight, six serve municipalities sider amendment No. 3 printed in My provision would help small com- with populations under 10,000. Despite House Report 111–36. munities like Brush and Wray have re- their relatively small populations, Ms. MARKEY of Colorado. Mr. Chair- liable access to capital loans to sustain these small towns play one of the larg- man, I have an amendment at the desk. their long-term water quality goals. est roles in protecting the Chesapeake The CHAIR. The Clerk will designate The 15 percent requirement would be in Bay, our Nation’s largest estuary with the amendment. place only to the extent that there are a watershed spanning six States and The text of the amendment is as fol- sufficient projects in need of funding. 64,000 square miles. By increasing the lows: In dry States like Colorado, where percentage of funds set aside for rural every drop of water is accounted for, it communities from 10 to 15 percent, we Amendment No. 3 Offered by Ms. MARKEY of Colorado: is important that rural wastewater are taking a giant step forward in the In section 1302(b)(4) of the bill, in the mat- treatment facilities are given the fund- repair of aging infrastructure, improve- ter proposed to be inserted as section ing they need to ensure water supplies ment of failing septic systems, and pre- 602(b)(14) of the Federal Water Pollution are safe. vention of nutrients entering the Control Act, strike ‘‘10 percent’’ and insert I urge all Members to support my Chesapeake Bay. These funds not only ‘‘15 percent’’. amendment to H.R. 1262. benefit the local communities by less- The CHAIR. Pursuant to House Reso- Mr. OBERSTAR. Will the gentle- ening their financial burden and help- lution 235, the gentlewoman from Colo- woman yield? ing to improve their infrastructure, rado (Ms. MARKEY) and a Member op- Ms. MARKEY of Colorado. Yes. but they benefit every family within posed each will control 5 minutes. Mr. OBERSTAR. We accept the the expansive watershed that relies on The Chair recognizes the gentle- amendment. the bay for everything from commerce woman from Colorado. Mr. Chair, I rise in strong support of the to recreation. Ms. MARKEY of Colorado. Mr. Chair- amendment offered by the gentlewoman from Oftentimes larger population centers man, I rise today to urge my colleagues Colorado (Ms. MARKEY) and the gentleman are given funding priorities with the to support my amendment to require from Maryland (Mr. KRATOVIL). assumption that the benefits will find States to use at least 15 percent of each H.R. 1262 requires States to use at least 10 their way towards smaller suburban capital grant under the State Water percent of their Clean Water State Revolving and rural communities. In the case of Pollution Control Revolving Funds for Fund capitalization grants for small and rural the Chesapeake Bay, the funding needs municipalities of less than 10,000 peo- communities (communities that have popu- to focus on smaller, more rural areas ple. lations of fewer than 10,000) to the extent that that are on the front lines of pro- The State Water Pollution Control there are sufficient applications for assistance. tecting our environment. Revolving Funds have been a successful The Markey-Kratovil amendment increases The Clean Water State Revolving source of capital for wastewater treat- this percentage from 10 percent to 15 percent. Fund is especially important to the ment projects. The State Revolving This amendment addresses the reality that Chesapeake Bay watershed, where ni- Funds receive Federal money in the many States have small and rural commu- trogen pollution degrades habitat for

VerDate Nov 24 2008 01:21 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MR7.022 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3366 CONGRESSIONAL RECORD — HOUSE March 12, 2009 key plants and animals in the bay’s works in accordance with the Federal Water Now, there are a number of ways ecosystem, including underwater Pollution Control Act (33 U.S.C. 1251 et seq.); pharmaceuticals can end up in our grasses, crabs, and oysters. As a result and lakes or our rivers and our water sup- of nitrogen pollution, the Chesapeake (2) a strategy for the Federal Government plies. But the most direct route right to educate the public on such recommenda- Bay now functions at barely one-quar- tions. now is when health care facilities and ter of its estimated potential. (b) MEMBERSHIP.—The task force shall be individuals flush unused drugs down The funding also plays an integral composed of— the toilet. As this issue began to get role in upgrading sewage treatment (1) the Administrator (or the Administra- more attention, I learned that Federal plants that receive the majority of tor’s designee), who shall serve as the Chair agencies have issued varying guidelines SRF funds. Wastewater discharged of the task force; on how to dispose of drugs that are no from sewage plants is the second larg- (2) the Commissioner of Food and Drugs (or longer needed. The AP actually noted est source of nitrogen pollution to the the Commissioner’s designee); and (3) such other members as the Adminis- that the government has an inconsist- Chesapeake Bay. When approximately trator may appoint. ency in this area, and this is a follow- 12 million of the 16 million residents of (c) REPORT.—Not later than 1 year after up story from September of 2008, and I the watershed flush their toilets, the the date of the enactment of this Act, the quote: wastewater goes to sewage treatment task force shall submit a report to the Con- ‘‘Federal agencies don’t have a con- plants and is discharged into the gress containing the recommendations and sistent message. For example, the Fish Chesapeake Bay and its tributaries. To strategy required by subsection (a). and Wildlife Service says do not flush date, more than two-thirds of those (d) STAFF OF FEDERAL AGENCIES.—Upon re- unused medications, while the White quest of the task force, the head of any de- plants do not use any technologies to partment or agency of the United States House, backed by the FDA and the remove nitrogen pollution, and only 10 may detail any of the personnel of that de- EPA, says flush prescription drugs plants are currently reducing nitrogen partment or agency to the task force to as- down the toilet if they are on the list pollution to the state-of-the-art levels, sist in carrying out its duties under this sec- in the special guidelines. Meanwhile, according to the most recent data tion. the Drug Enforcement Administration available. (e) TERMINATION.—The task force shall ter- says there is no safe, secure, and reli- The Clean Water State Revolving minate 180 days after submitting the report able disposal system for some nar- Fund is the primary Federal funding required by subsection (c). cotics.’’ mechanism to reduce water pollution The CHAIR. Pursuant to House Reso- Mr. Chairman, if we are to begin the and some of the more rural areas, espe- lution 235, the gentlewoman from process of cleaning up our water and cially those in my State and district, Michigan (Mrs. MILLER) and a Member safely disposing of these drugs, the are the primary defenders of the envi- opposed each will control 5 minutes. Federal Government’s message needs ronment. When allocating these funds, The Chair recognizes the gentle- to be consistent in telling consumers it’s important to look past population woman from Michigan. what to do. and toward priorities so that the fund- Mrs. MILLER of Michigan. Mr. My amendment very simply directs ing is more targeted for our long-term Chairman, last year a constituent of the EPA to convene a task force of the environmental health. the mine, Gail St. Laurent, told me of relevant Federal agencies to develop The CHAIR. The question is on the a story surrounding the passing of her uniform recommendations on the prop- amendment offered by the gentle- mother, who had a long battle with er disposal of unused pharmaceuticals. woman from Colorado (Ms. MARKEY). cancer. Fortunately, her mother had These recommendations would be de- The amendment was agreed to. very good insurance, so she was able to signed with the goal in mind of reduc- AMENDMENT NO. 4 OFFERED BY MRS. MILLER OF get many, many drugs administered to ing the detrimental effects caused by MICHIGAN help her manage pain during the final unused pharmaceuticals entering our The CHAIR. It is now in order to con- days of her life. Nation’s water supply. The task force sider amendment No. 4 printed in Gail was there when her mother would also develop a strategy to edu- House Report 111–36. passed away, and before her mother cate the public on these recommenda- Mrs. MILLER of Michigan. Mr. was taken out of the room, Gail tions. And I would hope that the task Chairman, I have an amendment at the watched as an official took all of the force could also find a safe way to desk made in order under the rule. remaining drugs that her mother had, allow for unused drugs to be given to The CHAIR. The Clerk will designate including OxyContin, Marinal, and liq- other patients who would benefit from the amendment. uid morphine, and then this person their use. The text of the amendment is as fol- flushed them down the toilet. Then A year from enactment, the task lows: Gail had to sign a form that she had force would then be required to submit Amendment No. 4 offered by Mrs. MILLER witnessed them being flushed down the a report to the Congress on their find- of Michigan: toilet. Now, not only were those drugs ings, and 6 months later, the task force At the end of the bill, add the following sent down the toilet and into our water (with the correct sequential provision des- would be disbanded. ignations [replacing the numbers currently system, but they were perfectly good, So while I do not expect that this shown for such designations]) and conform including two vials of liquid morphine problem will be solved overnight, I feel the table of contents accordingly: delivered just that day, and could have strongly that we must begin paying TITLE VI—MISCELLANEOUS been used to help other patients. proper attention to this issue because SEC. 6001. TASK FORCE ON PROPER DISPOSAL OF This is not an isolated incident. Only of its impact on our environment and UNUSED PHARMACEUTICALS. about 1 year ago, the Associated Press its potential impact on public health. (a) IN GENERAL.—In furtherance of the na- reported the results of a 5-month inves- This amendment can get us started on tional goals and policies set forth in section tigation into America’s water, and working toward a solution. And if we 101 of the Federal Water Pollution Control their results were shocking. A vast can get everybody on the same page in Act (33 U.S.C. 1251), the Administrator of the array of pharmaceutical products were terms of how to dispose of these prod- Environmental Protection Agency (in this found in the water supplies and the Act referred to as the ‘‘Administrator’’) shall ucts properly, then perhaps we could convene a task force (in this Act referred to water systems that serve millions of take a very significant step forward to- as the ‘‘task force’’) to develop— Americans their drinking water supply. wards protecting our Nation’s drinking (1) recommendations on the proper disposal These drugs were found in water sys- water supply. of unused pharmaceuticals by consumers, tems all across our country, from De- I certainly want to thank my friend health care providers, and others, which rec- troit to southern California, from San Gail St. Laurent not only for the lov- ommendations shall— Francisco to New Jersey. These drugs, ing care that she gave to her mother (A) be calculated to prevent or reduce the which included treatments for high but also for bringing this serious issue detrimental effects on the environment and cholesterol, sex hormones, and anti-de- human health caused by introducing unused to my attention. Gail has really en- pharmaceuticals, directly or indirectly, into pressants, have also been found to be deavored to make something good hap- water systems; and causing havoc on our ecosystems, re- pen from that instance in her life. (B) provide for limiting the disposal of un- sulting in mutated plant and animal I would urge my colleagues to sup- used pharmaceuticals through treatment life. port this amendment.

VerDate Nov 24 2008 01:21 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.040 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3367 Mr. OBERSTAR. Will the gentle- adopt the amendment, and I yield back So this is not an idle concern, I woman yield? the balance of my time. think, that some of us have. Here’s a Mrs. MILLER of Michigan. I yield to The CHAIR. The question is on the program that I think by all accounts is the distinguished chairman. amendment offered by the gentle- working and working quite well, and Mr. OBERSTAR. The gentlewoman woman from Michigan (Mrs. MILLER). we simply can’t afford to have money has brought to the committee and to The amendment was agreed to. in this program being drained off the House a very, very important AMENDMENT NO. 5 OFFERED BY MR. FLAKE through earmarks. amendment. To establish a Federal The CHAIR. It is now in order to con- Mr. Chairman, I reserve the balance task force, Federal agency task force, sider amendment No. 5 printed in of my time. to develop recommendations for proper House Report 111–36. Mr. OBERSTAR. Mr. Chairman, al- disposal of pharmaceuticals, to educate Mr. FLAKE. Mr. Chairman, I have an though I do not oppose the amendment, the public on the effect of those phar- amendment at the desk, designated as I ask unanimous consent to claim the maceuticals on the environment. The No. 5 in the resolutions providing for time in opposition. Fish and Wildlife Service has reported consideration under H.R. 1262. The CHAIR. Without objection, the over a period of years the effect of es- The CHAIR. The Clerk will designate gentleman from Minnesota is recog- trogen on aquatic life, disrupting the the amendment. nized for 5 minutes. condition of frogs and fish not only in The text of the amendment is as fol- There was no objection. inland waters but also in the Great lows: Mr. OBERSTAR. Mr. Chairman, Lakes waters. Amendment No. 5 offered by Mr. FLAKE: there are no earmarks in this bill. This is a critically important issue, In section 1308 of the bill, in the matter There are no earmarks in the stimulus and I thank the gentlewoman for bring- proposed to be added as section 609 of the provisions that were part of the Recov- Federal Water Pollution Control Act, before ing it forward and urge its adoption. paragraph (1), insert the following: ery Act covering the State Revolving We support the amendment on our side. ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— Loan Fund, because we specifically op- Mr. OBERSTAR. Mr. Chair, I rise in support ’’. posed using any individual designation of the amendment offered by the gentlewoman In section 1308 of the bill, in the matter for projects within the stimulus. from Michigan (Mrs. MILLER). proposed to be added as section 609 of the The money appropriated for the This amendment will move us forward in ad- Federal Water Pollution Control Act, add State Revolving Loan Fund from 1987 dressing a growing issue of concern in our na- after paragraph (5) the following: on, and actually it started in 1981, ‘‘(b) PROHIBITION ON EARMARKS.—None of tion’s waterways—the presence of pharma- the funds appropriated pursuant to sub- there were no earmarks at that time. ceuticals. section (a) may be used for a congressional But we made it very clear in 1987 in our Congresswoman MILLER’s amendment con- earmarks as defined in clause 9d, of Rule XXI committee that these funds would go venes a Federal agency task force to develop of the rules of the House of Representa- out by a statutory formula in section recommendations to properly dispose of un- tives.’’ 205(c) of the Federal Water Pollution used pharmaceuticals, as well as to develop a The CHAIR. Pursuant to House Reso- Control Act. strategy to educate the public on those rec- lution 235, the gentleman from Arizona The State of Arizona, for example, ommendations. (Mr. FLAKE) and a Member opposed receives its statutorily defined share of Every day, individuals and healthcare facili- each will control 5 minutes. .6831 percent. It’s not an earmark. It’s ties improperly dispose of unused pharma- The Chair recognizes the gentleman a statutorily determined amount that ceuticals by pouring them into drains or flush- from Arizona. goes to the gentleman’s State of Ari- ing them down toilets. Presently, our waste- Mr. FLAKE. Mr. Chairman, this zona, where the decisions are made by water treatment systems are either unable to amendment is noncontroversial in na- the counterpart agency, the Water In- properly treat many of these substances, or ture. It would simply ensure that the frastructure Finance Authority, coun- must expend large resources to capture some Federal capitalization grants for State terpart to our Minnesota Water Infra- of them. As a result, pharmaceuticals are water pollution control revolving funds structure Financing Authority. being detected throughout our nation’s rivers, remain formula-based. These Federal b 1245 lakes, and streams. In a series of recent stud- grants to the States haven’t histori- ies, the United States Geological Survey has cally been earmarked, and this will And every State has a similar such identified substances such as acetaminophen, simply ensure that that remains the authority. I would further say, Mr. caffeine, hormones such as estrogen, and case for the next 5 years. Chairman, to the gentleman, that at no steroids throughout water bodies. While I would submit that just because an time in the history of the 22-year present in very small quantities, the short- and account or a program hasn’t previously length of this program has there been long-term impacts of these substances on been earmarked doesn’t mean it won’t any earmarking for any project. human and aquatic health are largely un- be in the future. But if the gentleman wishes to offer known. However, it only makes sense that We all remember that when the De- this amendment, we are happy to ac- changing the manner in which we dispose of partment of Homeland Security was cept it to make a further statement these substances may well result in fewer created in 2002, we were told this will that we have confidence over the years pharmaceuticals in lower concentrations end- not be earmarked. This is going to go of operation of this program that ing up in our nation’s waters. out formula-based. It will be grants, States rank their projects, that State The Federal task force that will be convened merit based, just to protect the Nation. agencies rank their projects, as in the pursuant to Congresswoman MILLER’s amend- And that held true for about 5 years. State of Minnesota, 1 through 261, on a ment will provide recommendations that will However, in the past couple of years, merit basis. They have a point system. help to limit the improper disposal of pharma- it’s been earmarked heavily, particu- Other States have something similar. ceuticals. larly the funding for FEMA’s pre-dis- There is no reason for Members of I urge that my colleagues join me in sup- aster mitigation program. This was a Congress to sigh that the executive porting the amendment offered by the gentle- program intended to save lives and re- branch isn’t doing its job properly in woman from Michigan duce property damage by providing allocating the funds authorized for Mrs. MILLER of Michigan. I thank funds ‘‘for hazard mitigation planning, their respective States. It’s only where the chairman for his comments. And I acquisition, and relocation of struc- States aren’t attending to the needs of would certainly yield to our ranking tures out of the floodplain.’’ Members that they come to the Appro- member from the subcommittee as But rather than continuing the prac- priations Committee or to our com- well. tice which had been to allow these mittee and say, ‘‘Oh, well, look, we are Mr. BOOZMAN. Thank you very grants to be given out on a merit-based not being well served. Could you des- much for yielding. basis, Congress decided to earmark ignate something?’’ We appreciate the gentlewoman’s this, and in 2007, nearly half of these We don’t do that in aviation, we bringing this forward, and we certainly funds were earmarked. In fiscal year don’t do that in the clean water pro- don’t oppose it. 2008, about 128 earmarks worth $400 gram, we don’t do that in other pro- Mrs. MILLER of Michigan. Mr. million were included in the Homeland grams. So I think the gentleman’s Chairman, I urge my colleagues to Security funding. amendment is quite appropriate here.

VerDate Nov 24 2008 01:21 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.043 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3368 CONGRESSIONAL RECORD — HOUSE March 12, 2009 I reserve the balance of my time. well within the context of the Clean Water section 122 grant funds for munici- Mr. FLAKE. I thank the chairman. I State Revolving Loan Fund (‘‘Clean Water pality-wide stormwater management appreciate the discussion. I appreciate SRF’’). planning, a very, very important ini- the fact that it has not been ear- Since its inception in 1987, funds from the tiative. We have discussed it many marked. As I mentioned, I noted that, Clean Water SRF are distributed directly to times in years past. If the gentleman and I just hope that this is the case in the States through a statutory formula—found had raised it in the course of our con- the future. in section 205(c) of the Federal Water Pollu- sideration of this legislation, we would The problem is with other accounts— tion Control Act. have included it in the base of our bill, in the Homeland Security, for exam- These funds—of which the State of Arizona but our bill moved along much faster ple—we were told these will not be ear- receives a statutorily defined share of 0.6831 than most Members anticipated. marked, and they, in fact, have been. percent—are distributed directly to the gentle- He has presented it to the Rules And so I hope the chairman is success- man’s home state, where funding decisions on Committee, it was made in order. We ful in beating off attempts to earmark. individual projects are determined by the support the amendment on both sides And I hope, further, that he is suc- Water Infrastructure Finance Authority of Ari- of the aisle. cessful in other legislation as well, zona. Mr. Chair, I rise in strong support of such as the highway bill that we will To the best of my knowledge, at no time the amendment offered by the gen- be doing before long. Because I think during the 22-year history of this program, tleman from Colorado (Mr. POLIS). that States like Arizona, particularly a have funds been statutorily ‘‘earmarked’’ for a This amendment authorizes the use lot of the donor States, would be a lot certain project, in any state. Nothing in H.R. of Clean Water Act section 122 grant better off. 1262 would change that history. There is not funding for municipality-wide Many of us would be better off if peo- a single earmark in this bill, and the Com- stormwater management planning. ple in a local capacity are made to mittee does not contemplate changing the Congressman POLIS’ amendment will make that decision rather than some- process for distributing funding to the States provide municipalities across the na- body here. I think we find the case that via statutory formula. tion the means to evaluate, and then those who are in a position of author- I understand that the gentleman is dog- plan for, effective and comprehensive ity here sometimes take the lion’s gedly-focused on his concern about Congres- stormwater response strategies. Cen- share of the funding, and it sometimes sional earmarks, but this is an amendment in tral to this amendment is the incorpo- isn’t fair to many of us, and we know search of a problem. ration of ‘‘green infrastructure’’ tech- that—— Given the history of the Clean Water SRF, nologies and approaches into a munici- Mr. BOOZMAN. Will the gentleman and the certainty that this amendment will pality’s stormwater system yield? have no impact on the traditional operation of Developing an effective response to Mr. FLAKE. I will yield. the program, I urge my colleagues to join me stormwater should occur from a sys- Mr. BOOZMAN. We appreciate you in supporting the amendment offered by the tem-wide perspective. In too many in- bringing forth your amendment. We gentleman from Arizona. stances today, municipalities try to ad- understand your concern, and we will I am hopeful that, unlike last year, our ac- dress their stormwater needs on an ad certainly not oppose your amendment. ceptance of the gentleman’s amendment will hoc, piecemeal basis. This approach Mr. FLAKE. Thank you. make him more likely to support final passage doesn’t make sense from either a cost I yield back. of this vital investment in our nation’s clean or effectiveness perspective. Providing Mr. OBERSTAR. How much time do I water infrastructure. funding for communities to do system- have remaining? Mr. FLAKE. I yield back the balance wide analysis and planning will result The CHAIR. The gentleman from of my time. in the placement of the best tech- Minnesota has 2 minutes remaining. The CHAIR. The question is on the nology and approaches in the most ef- Mr. OBERSTAR. Just very briefly, amendment offered by the gentleman fective locations. Cities will be able to and I appreciate the gentleman from from Arizona (Mr. FLAKE). target their resources at the most val- The amendment was agreed to. Arizona taking a very principled stand uable sites. on this issue of earmarks, but it’s just, AMENDMENT NO. 6 OFFERED BY MR. OBERSTAR Currently, municipalities have a as a matter of historical note, there The CHAIR. It is now in order to con- number of options of stormwter tech- was a time when the Congress, the sider amendment No. 6 printed in nologies and approaches. They can con- House and the Senate together worried House Report 111–36. struct traditional, or grey, stormwater Mr. OBERSTAR. Mr. Chairman, as about and raised questions about inap- infrastructure, such as pipes and deep the designee of the gentleman from propriate spending by the Executive tunnels; or they can develop ‘‘green in- Colorado (Mr. POLIS), I offer an amend- Branch. frastructure’’ technologies and ap- ment. It was a Senator from Wisconsin, Mr. proaches, such as swales, green roofs, The CHAIR. The Clerk will designate Proxmire, who every Sunday night and rain gardens. These green infra- would issue his Golden Fleece Award to the amendment. The text of the amendment is as fol- structure approaches actually result in a government Executive Branch agency lows: less stormwater entering the tradi- that was inappropriately using tax- tional stormwater system, through the payer dollars. And over time someone Amendment No. 6 offered by Mr. OBER- STAR: use of infiltration and evapo-transpira- shifted it to take aim at the House or In section 1103(a)(2)(C) of the bill, in the tion technologies. Congresman POLIS’ the Senate and shoot ourselves in the matter proposed to be inserted in section amendment will provide municipalities foot. 122(a)(4) of the Federal Water Pollution Con- with the means to choose the best mix This is not the point for a broader trol Act, strike the closing quotation marks of technologies and approaches for discussion of the matter of con- and the final period and insert the following: their distinctive localities. This com- stituent-inspired initiatives in Federal ‘‘(5) MUNICIPALITY-WIDE STORM WATER MAN- prehensive approach will result in bet- legislation, but there will be another AGEMENT PLANNING.—The development of a municipality-wide plan that identifies the ter water quality at lower cost. time when I will welcome the oppor- most effective placement of storm water I strongly urge my colleagues to join tunity to discuss with the gentleman technologies and management approaches, me in supporting the amendment of- from Arizona the upcoming surface including green infrastructure, to reduce fered by the gentleman from Colorado. transportation bill and how these mat- water quality impairments from storm water I yield to the gentleman from Arkan- ters are managed in that context. I ask on a municipality-wide basis.’’. sas. support of the amendment. The CHAIR. Pursuant to House Reso- Mr. BOOZMAN. Thank you, Mr. Mr. Chair, I rise to speak on the amendment lution 235, the gentleman from Min- OBERSTAR. offered by the gentleman from Arizona (Mr. nesota (Mr. OBERSTAR) and a Member Mr. Chairman, we have no problems FLAKE). opposed each will control 5 minutes. with the amendment. While I will not oppose the amendment of- The Chair recognizes the gentleman Mr. OBERSTAR. Developing effective fered by the gentleman from Arizona, I think it from Minnesota. response to storm water is the purpose is fair to point out that the gentleman’s amend- Mr. OBERSTAR. The amendment au- of this amendment. It incorporates ment, however well intentioned, does not fit thorizes the use of Clean Water Act green infrastructure technologies and

VerDate Nov 24 2008 01:21 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.047 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3369 approaches into developing municipal of H.R. 1262 are analyzed for effective- The amendment was agreed to. stormwater systems. ness. Really, in this area where Ameri- AMENDMENT NO. 8 OFFERED BY MRS. I urge support of the amendment and cans, I think, are trying to look with DAHLKEMPER yield back the balance of my time. confidence about what their govern- The CHAIR. It is now in order to con- The CHAIR. The question is on the ment is doing and how things are being sider amendment No. 8 printed in amendment offered by the gentleman spent this, I think, serves everybody’s House Report 111–36. from Minnesota (Mr. OBERSTAR). interest. Mrs. DAHLKEMPER. Mr. Chairman, The amendment was agreed to. I reserve the balance of my time. I have an amendment at the desk. Mr. OBERSTAR. Would the gen- AMENDMENT NO. 7 OFFERED BY MR. ROSKAM The CHAIR. The Clerk will designate tleman yield? The CHAIR. It is now in order to con- the amendment. sider amendment No. 7 printed in Mr. ROSKAM. Yes. Mr. OBERSTAR. We accept the gen- The text of the amendment is as fol- House Report 111–36. tleman’s amendment. It’s a thoughtful, lows: Mr. ROSKAM. Mr. Chairman, I have useful, important tool. The committee Amendment No. 8 offered by Mrs. an amendment at the desk. has always insisted on transparency DAHLKEMPER: The CHAIR. The Clerk will designate and accountability, and we welcome In section 1303(c) of the bill, in the matter the amendment. proposed to be inserted as section 603(d)(1)(E) this recommendation of a study and a The text of the amendment is as fol- of the Federal Water Pollution Control Act— lows: review and recommendations from (1) strike ‘‘and’’ at the end of clause (ii); OMB. (2) redesignate clause (iii) as clause (iv); Amendment No. 7 offered by Mr. ROSKAM: Mr. Chair, I rise in support of the amend- At the end of the bill, add the following and (with the correct sequential provision des- ment offered by the gentleman from Illinois (3) insert after clause (ii) the following: ignations [replacing the numbers currently (Mr. ROSKAM). ‘‘(iii) a certification that the recipient has shown for such designations]) and conform The gentleman’s amendment directs the Di- evaluated and will be implementing water the table of contents accordingly: rector of the Office of Management and Budg- and energy conservation efforts as part of the plan; and TITLE VI—OMB STUDY et (‘‘OMB’’) to conduct a study of the pro- The CHAIR. Pursuant to House Reso- SEC. 6001. EVALUATION USING PROGRAM AS- grams authorized by this Act using the Pro- SESSMENT RATING TOOL. gram Assessment Rating Tool (‘‘PART’’), or a lution 235, the gentlewoman from (a) STUDY.—The Director of the Office of successor performance assessment tool that Pennsylvania (Mrs. DAHLKEMPER) and a Management and Budget shall conduct a may be developed by OMB in the future. Member opposed each will control 5 study to evaluate the programs authorized I welcome the independent review of Fed- minutes. by this Act, including the amendments made eral programs to make sure that they are The Chair recognizes the gentle- by this Act, under the Program Assessment meeting the goals and purposes for which woman from Pennsylvania. Rating Tool (PART) or a successor perform- they were created. This independent review of Mrs. DAHLKEMPER. I yield myself ance assessment tool that is developed by the Office of Management and Budget. agency actions and programs provides policy- such time as I may consume. (b) REPORT.—The Director shall transmit makers with valuable insight into agency per- I want to thank Chairman OBERSTAR to Congress a report on the results of the formance, as well as the opportunity to make and the committee on bringing this im- study. changes to improve the overall operation of portant legislation to the floor. I also The CHAIR. Pursuant to House Reso- Federal programs. want to thank Chairwoman SLAUGHTER lution 235, the gentleman from Illinois The Committee on Transportation and Infra- for allowing this amendment. (Mr. ROSKAM) and a Member opposed structure has a long history of ensuring proper Mr. Chairman, my amendment to each will control 5 minutes. oversight of Federal programs and activities. H.R. 1262 helps ensure that conserva- The Chair recognizes the gentleman For example, in the Water Resources Devel- tion of both water and energy are ele- from Illinois. opment Act of 2007, the Committee estab- ments in water and sewer system plan- Mr. ROSKAM. You know, in a nut- lished an independent review process for the ning as these elements of our infra- shell, this is an effort—and I don’t development of project studies performed by structure are upgraded both now and in know of any controversy about it, I the U.S. Army Corps of Engineers. Inde- the future. Under the legislation, water think it enjoys quite a bit of support— pendent review of projects should ensure the treatment works operators are re- but it’s an effort to create a tool to development projects that are justified both on quired to develop and implement a fis- evaluate the success of the program. the basis of costs and benefits, but also on cal sustainability plan to be eligible Let me just read the amendment. It’s the best scientific and engineering analyses for assistance. very, very brief. It says, ‘‘The Director currently available. We should all welcome the Specifically, my amendment requires of the Office of Management and Budg- opportunity for such scrutiny. an assurance that both energy and et shall conduct a study to evaluate Mr. Chairman, I am heartened by President water conservation are considered in the programs authorized by this Act, Obama’s commitment to transparency, ac- an operator’s fiscal sustainability plan. including the amendments made by countability, and oversight, and I am hopeful As water and energy costs continue to this Act, including the Program As- that this review will demonstrate the overall ef- pose challenges for much of the coun- sessment Rating Tool (PART) or a suc- fectiveness of the Clean Water authorities try, we can help ensure that consumers cessor performance assessment tool contained in this legislation. are getting the most economical serv- I urge my colleagues to join me in sup- that is developed by the Office of Man- ice by assuring that those responsible porting the amendment offered by the gen- agement and Budget.’’ for providing water to our communities tleman from Illinois. incorporate conservation explicitly You know, the genesis of this was Mr. ROSKAM. Mr. Chairman, re- into plant repair, replacement or ex- really coming out of President Obama’s claiming my time, I yield to the gen- pansion plans. inaugural speech, where he said let’s tleman from Arkansas. look at programs that are working and Mr. BOOZMAN. Thank you, Mr. More efficiency in our water struc- ture is desperately needed, as we get behind them. If they are not work- ROSKAM. ing, then let’s make some decisions and We appreciate you bringing this learned in a recent Science and Tech- abolish those programs, quite frankly, amendment forward. I think it will be nology hearing. Chairman GORDON that are not working. a useful tool that we can evaluate in cited how cities like Chicago lose up- So this would simply require all the the future. We appreciate your hard wards of 60 percent of their water in programs authorized under the legisla- work and certainly do not oppose it transit from treatment facilities to tion to be reviewed by OMB and their and will support it. faucets, and that water rates have in- Program Assessment Rating Tool, and Mr. ROSKAM. I want to thank Chair- creased 27 percent over the past 5 years that is just an effort to rate the effec- man OBERSTAR and the members of the throughout the United States. tiveness of Federal agencies and pro- committee. I believe conservation of water and grams by assessing purpose, planning, I yield back the balance of my time. energy are natural components of a fis- management and accountability. The CHAIR. The question is on the cal sustainability plan, given their im- And in the interest of transparency, amendment offered by the gentleman pact on an operating authority’s struc- it will ensure that the authorizations from Illinois (Mr. ROSKAM). ture, and that conservation of both

VerDate Nov 24 2008 01:21 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.050 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3370 CONGRESSIONAL RECORD — HOUSE March 12, 2009 also serves broader national conserva- My amendment addresses this prob- (C) all expenditures for Federal restoration tion policies. This amendment will pro- lem by encouraging the use of activities from the preceding 3 fiscal years, mote greater taxpayer savings and in- bioswales and other sustainable the current fiscal year, and the succeeding crease efficiency in our Nation’s water stormwater management systems. A fiscal year; and (D) all expenditures, to the extent that in- quality system, and I urge a ‘‘yes’’ bioswale relies on vegetated natural formation is available, for State restoration vote. systems alongside roads and parking activities during the equivalent time period I reserve the balance of my time. lots to slow and filter the water before described in subparagraph (C); Mr. OBERSTAR. Would the gentle- it ends in our drainage systems. Vege- (2) a detailed accounting of all funds re- woman yield? tation enhances both interception and ceived and obligated by all Federal agencies Mrs. DAHLKEMPER. I would yield to evaporation of rainfall through its for restoration activities during the current the chairman. leaves. and preceding fiscal years, including the Mr. OBERSTAR. I thank the gentle- Studies show that natural land- identification of funds which were trans- woman for yielding. ferred to a Chesapeake Bay State for restora- scaping in a residential development or tion activities; We accept the amendment on this along streetways can reduce annual (3) to the extent that information is avail- side. stormwater runoff volume by as much able, a detailed accounting from each State Mr. Chair, I rise in strong support of the as 65 percent. It’s no wonder that cities of all funds received and obligated from a amendment to H.R. 1262 offered by the gen- are starting to realize the benefits of Federal agency for restoration activities tlewoman from Pennsylvania (Mrs. bioswales and green infrastructure, in- during the current and preceding fiscal DAHLKEMPER). cluding my City of Boulder, Colorado; years; and This amendment requires a certification be Portland, Oregon; and Seattle, Wash- (4) a description of each of the proposed completed that Clean Water State Revolving Federal and State restoration activities to ington, among the leaders in this area. be carried out in the succeeding fiscal year Fund loan recipients conduct energy- and The increased interest is a response (corresponding to those activities listed in water-efficiency reviews and implement con- to mounting infrastructure costs of subparagraphs (A) and (B) of paragraph (1)), servation measures that are forthcoming. new development or redevelopment including the— It is only fitting that the Member who rep- projects, but also more vigorous envi- (A) project description; resents Titusville, Pennsylvania, would offer ronmental regulations. (B) current status of the project; this amendment. It was in Titusville, in 1859, The CHAIR. The time of the gen- (C) Federal or State statutory or regu- that oil was first successfully drilled in the tleman has expired. latory authority, programs, or responsible United States. It is fair to say, then, that en- Mrs. DAHLKEMPER. I yield the gen- agencies; ergy has been a central part of the life, his- tleman an additional 15 seconds. (D) authorization level for appropriations; Mr. POLIS. This amendment recog- (E) project timeline, including bench- tory, and culture of the residents of Pennsylva- marks; nia’s Third District. nizes the relationship between the nat- (F) references to project documents; In offering this amendment, Mrs. ural environment and the built envi- (G) descriptions of risks and uncertainties DAHLKEMPER has demonstrated the impor- ronment and manages them as inte- of project implementation; tance of energy to all facets of modern life, in- grated components of a watershed. (H) adaptive management actions or framework; cluding the operation of wastewater treatment b 1300 facilities. These operations are typically among (I) coordinating entities; Mrs. DAHLKEMPER. I yield back the municipalities’ largest users of energy. Requir- (J) funding history; balance of my time. (K) cost-sharing; and ing that wastewater treatment facilities under- The CHAIR. The question is on the (L) alignment with existing Chesapeake take a robust assessment of their energy amendment offered by the gentle- Bay Agreement and Chesapeake Executive usage and operations can ultimately result in woman from Pennsylvania (Mrs. Council goals and priorities. less energy being expended, decreased en- (b) MINIMUM FUNDING LEVELS.—The Direc- DAHLKEMPER). tor shall only describe restoration activities ergy bills for local governments, and fewer The amendment was agreed to. greenhouse gas emissions. The amendment in the report required under subsection (a) AMENDMENT NO. 9 OFFERED BY MR. WITTMAN will apply 21st century energy solutions to that— The Acting CHAIR (Mrs. CAPPS). It is 20th century technologies. (1) for Federal restoration activities, have now in order to consider amendment funding amounts greater than or equal to I urge my colleagues to join me in sup- No. 9 printed in House Report 111–36. $100,000; and porting the amendment offered by the gentle- Mr. WITTMAN. Madam Chairwoman, (2) for State restoration activities, have woman from Pennsylvania. I have an amendment at the desk. funding amounts greater than or equal to Mr. BOOZMAN. Will the gentle- The Acting CHAIR. The Clerk will $50,000. woman yield again? designate the amendment. (c) DEADLINE.—The Director shall submit Mrs. DAHLKEMPER. I yield to the to Congress the report required by sub- The text of the amendment is as fol- section (a) not later than 30 days after the gentleman. lows: Mr. BOOZMAN. We also accept the submission by the President of the Presi- Amendment No. 9 offered by Mr. WITTMAN: amendment. dent’s annual budget to Congress. At the end of the bill, add the following (d) REPORT.—Copies of the financial report Mrs. DAHLKEMPER. I would now (with the correct sequential provision des- required by subsection (a) shall be submitted like to yield 1 minute to the gentleman ignations [replacing the numbers currently to the Committees on Appropriations, Nat- from Colorado. shown for such designations]) and conform ural Resources, Energy and Commerce, and Mr. POLIS. Mr. Speaker, I rise today the table of contents accordingly: Transportation and Infrastructure of the in support of the amendment and ex- TITLE VI—CHESAPEAKE BAY House of Representatives and the Commit- press my gratitude to the House for ap- ACCOUNTABILITY AND RECOVERY tees on Appropriations, Environment and proving my amendment to improve the SEC. 6001. CHESAPEAKE BAY CROSSCUT BUDGET. Public Works, and Commerce, Science, and cleanliness of our waterways and (a) CROSSCUT BUDGET.—The Director, in Transportation of the Senate. (e) EFFECTIVE DATE.—This section shall strengthen our towns and city consultation with the Chesapeake Executive Council, the chief executive of each Chesa- apply beginning with the first fiscal year stormwater management. after the date of enactment of this Act for Everyone knows when it rains, the peake Bay State, and the Chesapeake Bay Commission, shall submit to Congress a fi- which the President submits a budget to excess rainwater that runs down our nancial report containing— Congress. streets and sidewalks and into the (1) an interagency crosscut budget that SEC. 6002. ADAPTIVE MANAGEMENT PLAN. drainage pipes that line our city displays— (a) IN GENERAL.—Not later than 1 year streets eventually ends up in our (A) the proposed funding for any Federal after the date of enactment of this Act, the streams and rivers. restoration activity to be carried out in the Administrator, in consultation with other The pollutants include toxins from succeeding fiscal year, including any planned Federal and State agencies, shall develop an our cars, such as unburned hydro- interagency or intra-agency transfer, for adaptive management plan for restoration carbons, soot particles, copper from each of the Federal agencies that carry out activities that includes— restoration activities; (1) definition of specific and measurable brake pads, zinc, cadmium, rubber from (B) to the extent that information is avail- objectives to improve water quality; tires and other petroleum products. It able, the estimated funding for any State (2) a process for stakeholder participation; also includes pesticides and herbicides restoration activity to be carried out in the (3) monitoring, modeling, experimentation, from our yards. succeeding fiscal year; and other research and evaluation practices;

VerDate Nov 24 2008 01:21 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.055 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3371 (4) a process for modification of restoration (G) Infrastructure Development. My amendment would implement and activities that have not attained or will not The Acting CHAIR. Pursuant to strengthen management techniques attain the specific and measurable objectives House Resolution 235, the gentleman like crosscut budgeting and adaptive set forth under paragraph (1); and management to ensure that we get (5) a process for prioritizing restoration ac- from Virginia (Mr. WITTMAN) and a tivities and programs to which adaptive Member opposed each will control 5 more bang for our buck and continue management shall be applied. minutes. to make progress in Bay restoration ef- (b) IMPLEMENTATION.—The Administrator The Chair recognizes the gentleman forts. shall implement the adaptive management from Virginia. Both of these techniques, I believe, plan developed under subsection (a). Mr. WITTMAN. I yield myself such will ensure that we are coordinating (c) UPDATES.—The Administrator shall up- time as I may consume. how restoration dollars are spent, and date the adaptive management plan devel- I am honored to represent Virginia’s that we make sure everyone under- oped under subsection (a) every 3 years. First Congressional District. Improv- stands how individual projects fit into (d) REPORT TO CONGRESS.— ing the health of our Chesapeake Bay the bigger picture. That bigger picture (1) IN GENERAL.—Not later than 60 days after the end of a fiscal year, the Adminis- is a priority to me and to my constitu- is making sure that we restore the trator shall transmit to Congress an annual ents. Chesapeake Bay. That way we know report on the implementation of the adapt- The First District has more miles of that we are not duplicating efforts, ive management plan required under this shoreline than any congressional dis- spending money that we don’t need to, section for such fiscal year. trict in the United States, and the or worse, working at cross purposes be- (2) CONTENTS.—The report required under Chesapeake Bay is extraordinarily im- tween agencies, both at the Federal, paragraph (1) shall contain information portant to those of us in that district, State and local levels. about the application of adaptive manage- as well as to other people up and down My amendment would require OMB, ment to restoration activities and programs, including programmatic and project level the basin. in coordination with State and Federal changes implemented through the process of This bill’s underlying commitment to agencies involved in the Bay, to report adaptive management. improving water quality in our Na- to Congress on the status of Chesa- (3) EFFECTIVE DATE.—Paragraph (1) shall tion’s waterways is commendable. My peake Bay restoration activities. My apply to the first fiscal year that begins district and the Chesapeake Bay has amendment would also require EPA to after the date of enactment of this Act. significantly benefited from invest- develop and implement an adaptive SEC. 6003. DEFINITIONS. ment in wastewater treatment infra- management plan for the Chesapeake In this title, the following definitions structure in the past and will so into Bay and all of the related restoration apply: the future. activities. (1) ADAPTIVE MANAGEMENT.—The term I believe there’s a deep sense of frus- Adaptive management relies on rig- ‘‘adaptive management’’ means a manage- tration in the Chesapeake Bay water- ment technique in which project and pro- orous scientific monitoring, testing, gram decisions are made as part of an ongo- shed about the progress we’ve made to and evaluation, and also provides for ing science-based process. Adaptive manage- restore the Bay. Yes, there have been the flexibility to modify management ment involves testing, monitoring, and eval- successes. I don’t want to belittle what policies and strategies based on chang- uating applied strategies and incorporating has been done. However, with all the ing conditions. Folks, the Chesapeake new knowledge into programs and restora- Federal, State, local and private part- Bay continues to change, and we tion activities that are based on scientific ner investment, we would like to see should also change along with it how findings and the needs of society. Results are more accomplishments. we manage the restoration activities used to modify management policy, strate- Our Chesapeake Bay is extraor- therein. gies, practices, programs, and restoration ac- dinarily important. We have heard con- tivities. Crosscut budgeting and adaptive (2) ADMINISTRATOR.—The term ‘‘Adminis- versations here about jobs, and cer- management should be key compo- trator’’ means the Administrator of the En- tainly jobs related to building sewage nents for the complex restoration ac- vironmental Protection Agency. treatment plants and water quality im- tivities that are occurring presently (3) CHESAPEAKE BAY STATE.—The term provements are extraordinarily impor- within the Chesapeake Bay Basin. ‘‘Chesapeake Bay State’’ or ‘‘State’’ means tant. But improving the water quality Madam Chairwoman, I want to thank the States of Maryland, West Virginia, Dela- in the Bay also has job ramifications. the Rules Committee for making this ware, and New York, the Commonwealths of By increasing water quality, improv- amendment in order, and thank Chair- Virginia and Pennsylvania, and the District ing water quality, we create a greater of Columbia. man OBERSTAR and Ranking Member realm of natural resources in the Bay. (4) CHESAPEAKE BAY WATERSHED.—The term MICA for their consideration. I also ask ‘‘Chesapeake Bay watershed’’ means the And we hear about issues of sustain- my colleagues to support my amend- Chesapeake Bay and the geographic area, as ability in the Bay; we hear about oys- ment to help restore the Bay. determined by the Secretary of the Interior, ter populations being at 1 percent of I reserve the balance of my time. consisting of 36 tributary basins, within the historical levels; we hear about reduc- Mr. OBERSTAR. Madam Chair, Chesapeake Bay States, through which pre- tion in crab harvests by 70 percent; we though I do not oppose the amendment, cipitation drains into the Chesapeake Bay. hear about problems with our fin fish I ask unanimous consent to take the (5) CHIEF EXECUTIVE.—The term ‘‘chief ex- populations. ecutive’’ means, in the case of a State or time in opposition. Commonwealth, the Governor of each such Folks, the men and women that The Acting CHAIR. Without objec- State or Commonwealth and, in the case of make their living off of the water con- tion, the gentleman is recognized for 5 the District of Columbia, the Mayor of the tinues to decline. And it is those nat- minutes. District of Columbia. ural resources that create sustainable There was no objection. (6) DIRECTOR.—The term ‘‘Director’’ means jobs. I would suggest that by improving Mr. OBERSTAR. Thank you. the Director of the Office of Management water quality, we also grow jobs, both I support the amendment of the gen- and Budget. in the seafood industry and by those tleman, and I also want to note that all (7) RESTORATION ACTIVITIES.—The term that make their living off of the water, amendments requested by Republican ‘‘restoration activities’’ means any Federal or State programs or projects that directly whether it’s through commercial inter- members of the Rules Committee have or indirectly protect, conserve, or restore ests or through leisure and sport inter- been made in order, though not all water quality in the Chesapeake Bay water- ests. These are all extraordinarily im- Democratic requests were made in shed, including programs or projects that portant, and those resources are di- order. promote responsible land use, stewardship, rectly tied to water quality. I just want to make that little obser- and community engagement in the Chesa- My amendment to this bill is similar vation to ensure that our committee is peake Bay watershed. Restoration activities to H.R. 1053, the Chesapeake Bay Ac- being fair and open and, more impor- may be categorized as follows: countability and Recovery Act. I have tantly, inclusive. (A) Physical restoration. authored this legislation to help clean The gentleman’s amendment is ex- (B) Planning. (C) Feasibility studies. up the Bay because I believe that it is tremely important, as was the offering (D) Scientific research. very much a matter of national impor- by the gentleman from Maryland, Mr. (E) Monitoring. tance that this national treasure be re- KRATOVIL, along with Ms. MARKEY. The (F) Education. stored. Chesapeake Bay is not just a Virginia-

VerDate Nov 24 2008 01:21 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MR7.013 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3372 CONGRESSIONAL RECORD — HOUSE March 12, 2009 Maryland resource, it is a national and ongoing, water quality problems in the Chesa- the middle part of this century, in the international treasure. It is an estuary. peake Bay. I appreciate his raising this issue 1950s, when it was, by far, the most pro- The estuaries of the world are the at this time. ductive body of water in the world. It places where the meeting of fresh This magnificent estuary has occupied a is critical not only economically, but water and salt water creates new forms central place in our nation’s history. The culturally to this country. of life. They are resources for the fu- English explorer, John Smith, established the I do thank the chairman, again, and ture. They are a window on the past. first permanent English settlement in North the members of the Rules Committee And the Chesapeake Bay, perhaps the America, Jamestown, on the shores of the for consideration of this. greatest of all estuaries in the world, Chesapeake. And while the Chesapeake Bay The Acting CHAIR. The question is has been deteriorating at an alarming watershed transcends only six states, it is the on the amendment offered by the gen- pace. collective context of its history, its vast rec- tleman from Virginia (Mr. WITTMAN). There was a time when the oysters of reational outlets, and its important fisheries The amendment was agreed to. the Chesapeake Bay turned over that that sum to add to our economy and culture AMENDMENT NO. 10 OFFERED BY MR. DRIEHAUS water once every 24 hours. There were as a whole. Therefore, the degradation of the The Acting CHAIR. It is now in order millions of oysters. They are down to 1 Chesapeake Bay must be perceived as a na- to consider amendment No. 10 printed percent of their number. Shad are tional problem—and not simply a regional one. in House Report 111–36. down; rockfish are coming back; crabs For example, many of the Bay’s fish and shell- Mr. DRIEHAUS. Madam Chair, I have are down. Why? It’s not the watermen fish populations are below historic levels. Just an amendment at the desk. who are taking too much, although this past year, both Maryland and Virginia an- The Acting CHAIR. The Clerk will they are taking more than they prob- nounced stringent catch limitations on blue designate the amendment. ably should be, under these deterio- crabs due to significant declines in popu- The text of the amendment is as fol- rating, declining conditions of fish and lations. Oysters are at less than one percent lows: shellfish in the Bay. of historic levels, and the abundance of shad Amendment No. 10 offered by Mr. But it’s the waters from as far as is only at 22 percent of the targeted recovery DRIEHAUS: New York, Pennsylvania, and West Vir- Section 3001(b) of the bill is amended to goal. read as follows: ginia, as well as Maryland and Vir- It is only through a renewed Federal and (b) AUTHORIZATION OF APPROPRIATIONS.— ginia, that come in the Rappahannock congressional commitment to the Bay that we The first sentence of section 221(f) (33 U.S.C. and the Shenandoah and others that will be able to make the necessary changes to 1301(f)) is amended by striking ‘‘this section discharge into the Bay, along with the address its varied problems. To this end, the $750,000,000’’ and all that follows through the Potomac and the Anacostia, that are Obama administration has already begun period at the end and inserting ‘‘this section bringing pollutant loads and toxic ma- moving in the right direction. The EPA Admin- $500,000,000 for each of fiscal years 2010 through 2014.’’ terials into the Bay that are killing istrator has already selected a special advisor the fish and the shellfish and the life of who will focus on rehabilitation of the Chesa- The Acting CHAIR. Pursuant to this Bay. peake Bay and the Anacostia River and the House Resolution 235, the gentleman I was very pleased when President Administrator’s appointment signals the agen- from Ohio (Mr. DRIEHAUS) and a Mem- Obama designated Lisa Jackson to be cy’s commitment to this special region. ber opposed each will control 5 min- administrator of EPA. I had a con- The Committee on Transportation and Infra- utes. versation with her before her confirma- structure will consider reauthorization of the The Chair recognizes the gentleman tion. And after her confirmation she Chesapeake Bay Program in this Congress from Ohio. said, ‘‘I will make the Chesapeake Bay and the OMB analysis of a crosscut budget Mr. DRIEHAUS. I yield myself such a priority consideration during my will help ensure that we make the right policy time as I may consume. I want to take this opportunity to service.’’ And she has already des- choices to rehabilitate the Chesapeake Bay. ignated a special advisor to deal with I urge my colleagues to join me in sup- thank the chairman of the committee the needs of the Chesapeake Bay and porting the amendment offered by the gen- for his tremendous work on this bill. I the Anacostia River. tleman from Virginia. bring before the House a simple amend- I want to assure the gentleman and I reserve the balance of my time. ment, and that amendment simply in- all of our colleagues that the Com- Mr. WITTMAN. I’d like to yield to creases the authorization for combined mittee on Transportation and Infra- the gentleman from Arkansas (Mr. sewers and sewer overflow grants from structure will consider reauthorization BOOZMAN). $1.8 billion to $2.5 billion over the 5- of legislation governing the quality of Mr. BOOZMAN. I would like to asso- year period. I think this is critically waters of the Chesapeake Bay, but we ciate myself with the chairman’s re- important, and I think we need to put are going to do this in due course after marks. I can’t say it as eloquently as this in perspective, Madam Chair. extensive review and consideration of he did, but I think that we are all very The EPA estimates that the total nonpoint source pollution. And the rec- much in agreement that this is a very, need for combined sewer overflow sys- ommendations from the OMB from the very important body of water that tems in the United States is $54.8 bil- gentleman’s amendment will be impor- needs to be protected, and we appre- lion. The need for improvement in san- tant in making sure that we take the ciate the gentleman from Virginia itary sewers, as estimated by the EPA, right policy choices to bring back this stepping forward with this amendment. is $88.5 billion. That is a total, Madam Bay, to restore this quintessential es- And we certainly will support it. Chair, of $143 billion in needed invest- tuary and protect future forms of life Mr. OBERSTAR. I yield back the bal- ment for sewer infrastructure in these that can be created in this great meet- ance of my time. United States. ing place. Mr. WITTMAN. I would like to I hail from Cincinnati, Ohio. In Cin- I thank the gentleman for his amend- thank, again, the chairman for his re- cinnati, it’s estimated that the cost to ment, and I urge its support. marks. He is indeed correct. The Chesa- fix the sewer problem is almost $3 bil- Mr. Chairman, I rise in support of the peake Bay is a national treasure and lion. My colleagues around the Mid- amendment offered by the gentleman from an international treasure. It has tre- west and the east coast share our pain. Virginia (Mr. WITTMAN). mendous economic value, but it also So this is a simple amendment that This amendment requires the Director of the has tremendous cultural value. It is a would simply increase the amount to Office of Management and Budget to submit symbol of not only the eastern part of $2.5 billion. to Congress a financial report containing an the United States, but the United Just as a point of information that I interagency crosscut budget for restoration ac- States in general. think is important: Since 2003, the tivities that protect, conserve, or restore water I don’t think any of us have mis- United States has allocated $2.7 billion quality in the Chesapeake Bay watershed. It givings about wanting it to be back for water and wastewater infrastruc- also directs the Administrator of the U.S. Envi- where it was when Captain John Smith ture improvement in Iraq. I would ronmental Protection Agency to make man- landed here. We certainly would like think that we could do at least this agement decisions on an adaptive and ongo- for it to be there, but I’m a realist and much in the United States. ing basis. know that it may not get to that point. I would yield 1 minute to my friend I commend Congressman WITTMAN for mak- I think it’s realistic to expect that and colleague from New York (Mr. ing a good and initial step on addressing the we can get it back to where it was in MCMAHON).

VerDate Nov 24 2008 01:21 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.059 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3373 Mr. MCMAHON. I rise today as a co- Mr. DRIEHAUS. Madam Chair, I re- and just stop this idea that we can sponsor of the amendment offered by serve the balance of my time. spend more and more money. Con- my good friend, the gentleman from Mr. OBERSTAR. Would the gen- sequently, I have objections to con- Ohio (Mr. DRIEHAUS) to increase the tleman yield? tinuing to build greater debt for our amount for sewage control grants in Mr. DRIEHAUS. I yield to the gen- Nation. this bill to $2.5 billion. I also commend tleman from Minnesota. So I call upon my colleagues on the the great chairman of the Committee Mr. OBERSTAR. We support the gen- Democratic side, let’s work together, on Transportation and Infrastructure, tleman’s amendment. It is vitally im- consider alternatives, consider ways of Congressman OBERSTAR, for his great portant to deal with combined storm solving this economic crisis we have as work, and commend him for the great and sanitary sewer overflows. Seven a Nation, and not continue down this spirit of bipartisanship which he’s en- hundred million dollars is peanuts road that I believe is going to lead to gendered in this room today. compared to a whole lot of other ex- not only lengthening the recession and H.R. 1262 provides critical assistance penditures that have been made in the deepening the recession, but, as Warren to communities across the Nation for TARP and the rest. So this is a real in- Buffett just said yesterday and the day sewage water runoff, watershed res- vestment whose benefits we and future before, off the cliff. And I think we toration, and other water infrastruc- generations will see. may very well be headed to a deep de- ture projects. As a former New York Mr. BOOZMAN. If the gentleman will pression, deeper than we saw even in City councilman and head of the sani- yield, I also support the amendment. the thirties, if we don’t stop the spend- tation committee for New York, I Mr. DRIEHAUS. I reserve the balance ing that we are doing here in this Na- know that municipalities rely on these of my time. tion. funds. Mr. BROUN of Georgia. Madam So I call upon my colleagues on the As the gentleman from Ohio said, Chair, I rise to claim the time in oppo- Democratic side, please, let’s work to- there’s a backlog of $140 billion worth sition to this amendment and reserve gether. Let’s find some commonsense of projects. Imagine this. In Staten Is- my ability to object. solutions to these economic woes that land, houses were built without sani- The Acting CHAIR. The gentleman is we have as a Nation, and do some tary sewers. This needs to be resolved. recognized for 5 minutes. things for the American people, not for The Federal Government has to help Mr. BROUN of Georgia. I know there government. Government is not the so- us. are many sewer projects all around this lution. The private sector is the solu- So that is why this amendment is so country that need funding. There are tion. Small business is the solution. We important. It will increase support two that have been already authorized have got to find those solutions that that is so badly needed across this through the Water Act of 2007 that are make sense economically for this Na- country and in my district. in my district that we are trying to tion. Socialism never has worked, Mr. DRIEHAUS. I thank the gen- find funds for. But what I have an ob- tleman from New York, and I would never will work, and it won’t work jection to is, we are continuing to build today. yield 1 minute to my colleague from greater and greater debt for our chil- Ohio, from northern Ohio, who also With that, I withdraw my objection, dren across the country, and not only and I yield back the balance of my shares this problem with his constitu- our children, but our grandchildren. I ency, the gentleman from Ohio (Mr. time. think their standard of living is going Mr. DRIEHAUS. Madam Chairman, BOCCIERI). to be much lower than ours today if we (Mr. BOCCIERI asked and was given we certainly are hurting. And this don’t stop this borrowing of funds from permission to revise and extend his re- country is hurting because of a failure, our grandchildren. a failure to invest in basic infrastruc- marks) We see budget after budget that con- Mr. BOCCIERI. I rise in support of ture over decades and decades. That is tinues to increase the Federal debt, this bill and this amendment, and I ap- why this country is hurting. and we have just got to stop the spend- plaud the chairman of our distin- I would remind my colleagues on the ing. We are spending too much, we are guished committee for his efforts to other side of the aisle that this is an taxing too much, we are borrowing too make this a bipartisan bill. This bill authorization. This is an authorization much, and at some point we have got makes key investments to improve to say we in the United States, the peo- to stop that, because our grandchildren water quality, and could create ap- ple that inhabit our cities, deserve as are going to pay a very heavy price for proximately 480,000 jobs over the next 5 much attention as the folks in Iraq. us doing so. So I call upon my col- years. This will also bridge the gap of This actually doesn’t even get up to leagues on the Democratic side for us our local communities—who experience the level of spending on sewers and to work together to try to find some significant financial trouble—$3.2 to water projects that we have spent in ways to bring forth these worthwhile $11 million annually in trying to fill Iraq over the last 5 years. projects, but to stop borrowing from the gap to modernize their water needs. So I would remind my colleagues our grandchildren and our children. It that this is an authorization, not an b 1315 is absolutely critical for the future of appropriation, and that the appropriate The Driehaus amendment would fur- this Nation that we do so. committees can determine the ther improve our ability to manage The Democratic budget that has been prioritization; because this is about wastewater infrastructure by increas- presented by the administration does priorities. We are saying through this ing funding for sewer overflow and con- nothing but increase the debt, and we amendment that infrastructure and trol programs. have got to stop it. It is absolutely sewer spending is a priority of this Sewage overflow is dangerous to all critical for the future economic well- Congress, and I would hope that the of our constituents, but these days our being of this Nation. Republicans have Appropriations Committee would take communities are facing tight budgets presented many, many ideas that have the time to validate that and move for- that prevent them from addressing not been considered by the leadership ward. This is not about spending more; these serious and most basic infra- of this House nor by the Senate nor by it is about identifying priorities. structure needs. We know our coun- the administration. I call upon my Mr. BROUN of Georgia. Would the try’s wastewater infrastructure is old Democratic colleagues to work with us, gentleman yield? and crumbling, and we must do our to consider the things that we bring Mr. DRIEHAUS. I yield to the gen- part here in this legislation to improve forth as potential solutions to the eco- tleman from Georgia. that. Adequate funding will not only nomic woes we have as a Nation. Mr. BROUN of Georgia. I thank the preserve the environment and our local American people are hurting. They gentleman for yielding. political subdivisions to help them are hurting tremendously. We are hurt- I understand this is an authorization. modernize their aging sewer infrastruc- ing small business, which is the eco- There is no question in my mind what ture. It will protect lives. If we did it in nomic engine of America. We are tax- this stands for. And, frankly, in my Iraq, we should do it here in America. ing and we are overregulating them, opinion, we have spent too much I rise and support this amendment of and we have got to stop it. We have got money not only since we have had a the gentleman from Ohio. to build a strong economy in America, Democratic majority in the House and

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.062 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3374 CONGRESSIONAL RECORD — HOUSE March 12, 2009 the Senate, but also the previous ad- amendment. The amendment, as stat- Jones McMorris Royce ministration. ed, inadvertently struck out sub- Jordan (OH) Rodgers Scalise King (IA) Mica Sensenbrenner Mr. OBERSTAR. Madam Chair, be- sections of the manager’s amendment Kingston Miller (FL) Sessions fore proceeding with the vote, I ask adopted earlier today, and I would ask Kline (MN) Moran (KS) Shadegg unanimous consent to proceed for 2 for conformity. Lamborn Myrick Shuster minutes, equally divided, between the Latham Neugebauer Simpson The Acting CHAIR. The Clerk will re- Nunes Democratic side and the Republican Latta Smith (NE) port the modification. Lee (NY) Paul Smith (TX) Paulsen side, for the purpose of offering a tech- The Clerk read as follows: Linder Souder Pence nical amendment to the amendment of Lucas Stearns Modification to amendment No. 10 offered Pitts Sullivan the gentleman from Ohio (Mr. by Mr. DRIEHAUS: Luetkemeyer Platts Terry DRIEHAUS). Section 3001(b) of the bill follows: Lummis Poe (TX) Lungren, Daniel Thompson (PA) The Acting CHAIR. Is there objection In the matter proposed to be inserted as Polis (CO) E. Posey Thornberry to the request of the gentleman from section 221(f)(1) of the Federal Water Pollu- Mack Tiahrt tion Control Act strike ‘‘$250,000,000’’ and all Price (GA) Minnesota? Manzullo Putnam Wamp There was no objection. that follows through ‘‘expended.’’ and insert Marchant Roe (TN) Westmoreland Mr. OBERSTAR. We have discovered ‘‘$500,000,000 for each of fiscal year’s 2010 McCarthy (CA) Rogers (AL) Whitfield during the consideration of the gentle- through 2014.’’. McCaul Rogers (KY) Wilson (SC) man’s amendment that there is a tech- McClintock Rogers (MI) Wittman The Acting CHAIR. Is there objection McHenry Rohrabacher Wolf nical phrasing of language in the gen- to the modification? McKeon Rooney Young (FL) tleman’s amendment that could affect Mr. BOOZMAN. No, Madam Chair. the underlying bill, and we have con- We understand that the amendment NOES—284 sulted with the Parliamentarian about created a technical problem, and we Abercrombie Edwards (MD) Lewis (GA) the proper phrasing of the language agree with this solution. Ackerman Edwards (TX) Lipinski which is now being drafted. Adler (NJ) Ellison LoBiondo The Acting CHAIR. Without objec- Alexander Ellsworth Loebsack While that language is being written, tion, the amendment is modified. Altmire Emerson Lofgren, Zoe I would assure the distinguished gen- There was no objection. Andrews Engel Lowey ´ tleman, Mr. BROUN, that we will work The Acting CHAIR. The question is Arcuri Eshoo Lujan together in the appropriations process. Baca Farr Lynch on the amendment offered by the gen- Baird Fattah Maffei We worked together in our committee tleman from Ohio (Mr. DRIEHAUS), as Baldwin Filner Maloney on both sides of the aisle to incor- modified. Barrow Foster Markey (CO) Bean Frank (MA) Markey (MA) porate views of both parties in shaping The amendment, as modified, was the bill we bring to the House today, Becerra Fudge Marshall agreed to. Berkley Gerlach Massa and this will be one of many consider- The Acting CHAIR. Pursuant to Berman Giffords Matheson ations reviewed by the Budget Com- Berry Gonzalez Matsui clause 6 of rule XVIII, proceedings will mittee and later, when the real deci- Biggert Gordon (TN) McCarthy (NY) now resume on the amendment printed sions are made by the Appropriations Bishop (GA) Grayson McCollum in House Report 111–36 on which fur- Bishop (NY) Green, Al McCotter Committee. ther proceedings were postponed. Blumenauer Green, Gene McDermott I share the gentleman’s concern. We Boccieri Griffith McGovern are spending an enormous amount of AMENDMENT NO. 2 OFFERED BY MR. MACK Bordallo Grijalva McHugh The Acting CHAIR. The unfinished Boren Gutierrez McIntyre money, Madam Chair, on this asset re- Boswell Hall (NY) McMahon covery plan that started last August business is the demand for a recorded Boucher Halvorson McNerney and September of 2008. We have seen vote on the amendment offered by the Boyd Hare Meek (FL) money go out the door, and we have no gentleman from Florida (Mr. MACK) on Brady (PA) Harman Meeks (NY) Braley (IA) Hastings (FL) Melancon idea where some of that money has which further proceedings were post- Brown, Corrine Heinrich Michaud gone that is supposed to stabilize the poned and on which the noes prevailed Brown-Waite, Herseth Sandlin Miller (MI) domestic and international financial by voice vote. Ginny Higgins Miller (NC) structure. And maybe it has done that. The Clerk will redesignate the Butterfield Hill Miller, George Capito Himes Minnick But the increasing demands to support amendment. Capps Hinchey Mitchell this bank and that bank and this insur- The Clerk redesignated the amend- Capuano Hinojosa Mollohan ance agency and that, and now to an ment. Cardoza Hirono Moore (KS) Carnahan Hodes Moore (WI) international global financial melt- RECORDED VOTE Carney Holden Moran (VA) down. The gentleman is right, we have The Acting CHAIR. A recorded vote Carson (IN) Holt Murphy (CT) to take stock and balance our equities. has been demanded. Castle Honda Murphy, Patrick But we also have to get this economy Castor (FL) Hoyer Murphy, Tim A recorded vote was ordered. Chandler Inslee Murtha moving. We have to put people to work. The vote was taken by electronic de- Childers Israel Nadler (NY) When people have a job and have in- vice, and there were—ayes 140, noes 284, Christensen Jackson (IL) Napolitano Clarke Jackson-Lee Neal (MA) comes and we are paying people to not voting 13, as follows: work and not paying them for not Clay (TX) Norton [Roll No. 122] Cleaver Johnson (GA) Nye working with unemployment com- Clyburn Johnson (IL) Oberstar pensation, then maybe we can get this AYES—140 Cohen Johnson, E. B. Obey economy back on track and get people Aderholt Buyer Forbes Connolly (VA) Kagen Olver consuming, and we can start the flow Akin Calvert Fortenberry Cooper Kanjorski Ortiz Austria Camp Foxx Costa Kaptur Pallone of capital. Bachmann Campbell Franks (AZ) Costello Kennedy Pascrell Madam Chair, I ask unanimous con- Bachus Cantor Frelinghuysen Courtney Kildee Pastor (AZ) sent to modify the amendment of the Barrett (SC) Cao Gallegly Crowley Kilpatrick (MI) Payne gentleman from Ohio. The Driehaus Bartlett Carter Garrett (NJ) Cuellar Kilroy Perlmutter Barton (TX) Cassidy Gingrey (GA) Cummings Kind Perriello amendment inadvertently struck a Bilbray Chaffetz Gohmert Dahlkemper King (NY) Peters subsection of the manager’s amend- Bilirakis Coble Goodlatte Davis (AL) Kirk Peterson ment adopted earlier today. The Bishop (UT) Coffman (CO) Granger Davis (CA) Kirkpatrick (AZ) Petri Blackburn Cole Graves Davis (IL) Kissell Pierluisi amendment to accomplish my request Blunt Conaway Guthrie Davis (TN) Klein (FL) Pingree (ME) is pending at the desk. Boehner Crenshaw Hall (TX) DeFazio Kosmas Pomeroy The Acting CHAIR. The request for Bonner Culberson Harper DeGette Kratovil Price (NC) modification will need to be made by Bono Mack Davis (KY) Hastings (WA) Delahunt Kucinich Rahall Boozman Deal (GA) Heller DeLauro Lance Rangel the gentleman from Ohio, the author of Boustany Dent Herger Diaz-Balart, L. Langevin Rehberg the amendment. Brady (TX) Dreier Hoekstra Diaz-Balart, M. Larsen (WA) Reichert MODIFICATION TO AMENDMENT NO. 10 OFFERED Broun (GA) Duncan Hunter Dicks Larson (CT) Reyes BY MR. DRIEHAUS Brown (SC) Ehlers Inglis Doggett LaTourette Richardson Buchanan Fallin Issa Donnelly (IN) Lee (CA) Rodriguez Mr. DRIEHAUS. Madam Chair, I ask Burgess Flake Jenkins Doyle Levin Ros-Lehtinen unanimous consent to modify the Burton (IN) Fleming Johnson, Sam Driehaus Lewis (CA) Roskam

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.064 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3375 Ross Sherman Towns The SPEAKER pro tempore. The Meeks (NY) Rehberg Snyder Rothman (NJ) Shimkus Tsongas question is on the engrossment and Melancon Reichert Space Ruppersberger Shuler Turner Michaud Reyes Spratt Rush Sires Upton third reading of the bill. Miller (MI) Richardson Stark Ryan (OH) Skelton Van Hollen The bill was ordered to be engrossed Miller (NC) Rodriguez Stupak Ryan (WI) Slaughter Vela´ zquez and read a third time, and was read the Miller, George Roe (TN) Sutton Sablan Smith (NJ) Visclosky Minnick Rogers (KY) Tauscher Salazar Smith (WA) Walden third time. Mitchell Rogers (MI) Taylor Sa´ nchez, Linda Snyder Walz The SPEAKER pro tempore. The Mollohan Rohrabacher Teague T. Space Wasserman question is on the passage of the bill. Moore (KS) Rooney Terry Sanchez, Loretta Spratt Schultz The question was taken; and the Moore (WI) Ros-Lehtinen Thompson (CA) Sarbanes Stark Waters Moran (VA) Roskam Thompson (MS) Schakowsky Stupak Watson Speaker pro tempore announced that Murphy (CT) Ross Tiberi Schauer Sutton Watt the ayes appeared to have it. Murphy, Patrick Rothman (NJ) Tierney Schiff Tauscher Waxman Murphy, Tim Ruppersberger Titus Schmidt Taylor Weiner RECORDED VOTE Murtha Rush Tonko Schock Teague Welch Nadler (NY) Ryan (OH) Mr. OBERSTAR. Mr. Speaker, I de- Towns Schrader Thompson (CA) Wexler Napolitano Salazar mand a recorded vote. Tsongas Schwartz Thompson (MS) Wilson (OH) Neal (MA) Sa´ nchez, Linda Turner Scott (GA) Tiberi Woolsey A recorded vote was ordered. Nye T. Upton Scott (VA) Tierney Wu The SPEAKER pro tempore. Pursu- Oberstar Sanchez, Loretta Serrano Titus Yarmuth Obey Sarbanes Van Hollen ant to clause 8 of rule XX, this 15- ´ Shea-Porter Tonko Young (AK) Olver Schakowsky Velazquez minute vote on passing H.R. 1262 will Ortiz Schauer Visclosky NOT VOTING—13 be followed by a 5-minute vote on sus- Pallone Schiff Walden Walz Bright Hensarling Sestak pending the rules and adopting House Pascrell Schmidt Wamp Conyers Miller, Gary Speier Pastor (AZ) Schock Resolution 224. Waters Dingell Olson Tanner Paulsen Schrader Etheridge Radanovich The vote was taken by electronic de- Payne Schwartz Watson Faleomavaega Roybal-Allard vice, and there were—ayes 317, noes 101, Perlmutter Scott (GA) Watt not voting 13, as follows: Perriello Scott (VA) Waxman b 1401 Peters Serrano Weiner [Roll No. 123] Peterson Shea-Porter Welch Ms. WASSERMAN SCHULTZ, AYES—317 Petri Sherman Wexler Messrs. BAIRD, DELAHUNT, NADLER Pingree (ME) Shimkus Whitfield Abercrombie Dahlkemper Holt Platts Shuler Wilson (OH) of New York, RUPPERSBERGER, Ackerman Davis (AL) Honda Polis (CO) Shuster Wittman DAVIS of Tennessee, ABERCROMBIE, Adler (NJ) Davis (CA) Hoyer Pomeroy Sires Woolsey RUSH, WEINER, MINNICK, Ms. Alexander Davis (IL) Inslee Price (NC) Skelton Wu Altmire Davis (KY) Israel Putnam Slaughter Yarmuth DEGETTE, Ms. EDWARDS of Mary- Andrews Davis (TN) Issa Rahall Smith (NJ) Young (AK) land, and Ms. WATSON changed their Arcuri DeFazio Jackson (IL) Rangel Smith (WA) Young (FL) vote from ‘‘aye’’ to ‘‘no.’’ Baca DeGette Jackson-Lee Baird Delahunt (TX) NOES—101 Messrs. BILIRAKIS, TERRY and Baldwin DeLauro Johnson (GA) Aderholt Franks (AZ) McMorris POLIS changed their vote from ‘‘no’’ to Barrow Dent Johnson (IL) Akin Frelinghuysen Rodgers Bean Diaz-Balart, L. Johnson, E. B. ‘‘aye.’’ Austria Gallegly Mica Becerra Diaz-Balart, M. Jones Bachmann Garrett (NJ) So the amendment was rejected. Berkley Miller (FL) Dicks Kagen Bachus Gingrey (GA) The result of the vote was announced Berman Moran (KS) Doggett Kanjorski Barrett (SC) Gohmert Berry Myrick as above recorded. Donnelly (IN) Kaptur Bartlett Granger Biggert Neugebauer Stated against: Doyle Kennedy Barton (TX) Hall (TX) Bilbray Nunes Driehaus Kildee Bishop (UT) Hastings (WA) Mr. POLIS. Madam Chair, I would like the Bilirakis Paul Duncan Kilpatrick (MI) Blackburn Heller Bishop (GA) Pence RECORD to reflect that on rollcall 122, I inad- Edwards (MD) Kilroy Blunt Herger Bishop (NY) vertently voted ‘‘aye’’ when I intended to vote Edwards (TX) Kind Boehner Hunter Pitts Blumenauer Ehlers King (NY) Bonner Inglis Poe (TX) ‘‘no.’’ Boccieri Ellison Kirk Bono Mack Jenkins Posey The Acting CHAIR. The question is Boozman Ellsworth Kirkpatrick (AZ) Boustany Johnson, Sam Price (GA) Boren on the committee amendment in the Emerson Kissell Brady (TX) Jordan (OH) Rogers (AL) Boswell nature of a substitute, as amended. Engel Klein (FL) Broun (GA) King (IA) Royce Boucher Eshoo Kosmas Brown (SC) Kingston Ryan (WI) The committee amendment in the Boyd Farr Kratovil Burgess Kline (MN) Scalise Brady (PA) Fattah Kucinich nature of a substitute, as amended, was Burton (IN) Lamborn Sensenbrenner Braley (IA) Filner Lance agreed to. Campbell Latham Sessions Brown, Corrine Forbes Langevin Cantor Latta The Acting CHAIR. Under the rule, Brown-Waite, Shadegg Fortenberry Larsen (WA) Carter Linder the Committee rises. Ginny Simpson Foster Larson (CT) Chaffetz Lucas Buchanan Smith (NE) Accordingly, the Committee rose; Frank (MA) LaTourette Coble Lummis Butterfield Smith (TX) and the Speaker pro tempore (Mr. Fudge Lee (CA) Cole Lungren, Daniel Buyer Souder Gerlach Lee (NY) Conaway E. WEINER) having assumed the chair, Calvert Stearns Giffords Levin Crenshaw Mack Camp Sullivan Mrs. CAPPS, Acting Chair of the Com- Gonzalez Lewis (CA) Culberson Manzullo Cao Thompson (PA) mittee of the Whole House on the State Goodlatte Lewis (GA) Deal (GA) Marchant Capito Gordon (TN) Lipinski Dreier McCarthy (CA) Thornberry of the Union, reported that that Com- Capps Graves LoBiondo Fallin McCaul Tiahrt mittee, having had under consideration Capuano Grayson Loebsack Flake McClintock Westmoreland Cardoza the bill (H.R. 1262) to amend the Fed- Green, Al Lofgren, Zoe Fleming McHenry Wilson (SC) Carnahan eral Water Pollution Control Act to au- Green, Gene Lowey Foxx McKeon Wolf Carney Griffith Luetkemeyer thorize appropriations for State water Carson (IN) Grijalva Luja´ n NOT VOTING—13 pollution control revolving funds, and Cassidy Guthrie Lynch Bright Miller, Gary Speier Castle Gutierrez Maffei for other purposes, pursuant to House Conyers Olson Castor (FL) Hall (NY) Maloney Tanner Dingell Radanovich Resolution 235, she reported the bill Chandler Halvorson Markey (CO) Wasserman Etheridge Roybal-Allard back to the House with an amendment Childers Hare Markey (MA) Schultz Hensarling Sestak adopted by the Committee of the Clarke Harman Marshall Whole. Clay Harper Massa ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cleaver Hastings (FL) Matheson The SPEAKER pro tempore. Under Clyburn Heinrich Matsui The SPEAKER pro tempore (during the rule, the previous question is or- Coffman (CO) Herseth Sandlin McCarthy (NY) the vote). Members are reminded that dered. Cohen Higgins McCollum there is 1 minute remaining in this Connolly (VA) Hill McCotter Is a separate vote demanded on any Cooper Himes McDermott vote. amendment to the amendment re- Costa Hinchey McGovern ported from the Committee of the Costello Hinojosa McHugh b 1419 Whole? If not, the question is on the Courtney Hirono McIntyre So the bill was passed. Crowley Hodes McMahon amendment. Cuellar Hoekstra McNerney The result of the vote was announced The amendment was agreed to. Cummings Holden Meek (FL) as above recorded.

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MR7.038 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3376 CONGRESSIONAL RECORD — HOUSE March 12, 2009 A motion to reconsider was laid on Kratovil Moran (VA) Schwartz PERSONAL EXPLANATION the table. Kucinich Murphy (CT) Scott (GA) Lamborn Murphy, Patrick Scott (VA) Mr. CONYERS. Mr. Speaker, due to events Lance Murphy, Tim Sensenbrenner in my congressional district, I was unable to f Langevin Murtha Serrano Larsen (WA) Myrick Sessions vote today. If I were present, I would vote SUPPORTING DESIGNATION OF PI Latham Nadler (NY) Shadegg ‘‘yea’’ to H.R. 1262, the Water Quality Invest- DAY LaTourette Napolitano Shea-Porter ment Act of 2009, and ‘‘nay’’ to Representa- Latta Neal (MA) Sherman tive MACK’s amendment. Furthermore, I would The SPEAKER pro tempore. The un- Lee (CA) Nunes Shimkus finished business is the vote on the mo- Lee (NY) Nye Shuler vote ‘‘yea’’ to H. Res. 224. tion to suspend the rules and agree to Levin Oberstar Simpson f Lewis (CA) Obey Sires the resolution, H. Res. 224, on which Lewis (GA) Olver Skelton PERSONAL EXPLANATION the yeas and nays were ordered. Lipinski Ortiz Smith (NE) The Clerk read the title of the resolu- LoBiondo Pallone Smith (NJ) Ms. ROYBAL-ALLARD. Mr. Speaker, I was Loebsack Pascrell Smith (TX) ill today and was not present for votes on the tion. Lofgren, Zoe Pastor (AZ) Smith (WA) The SPEAKER pro tempore. The Lowey Paulsen Snyder Mack amendment to H.R. 1262 (rollcall 122), question is on the motion offered by Lucas Payne Souder final passage of H.R. 1262 (rollcall 123), and the gentleman from Tennessee (Mr. Luetkemeyer Perriello Space passage of H.R. 224 (rollcall 124). Had I been Luja´ n Peters Spratt present, I would have voted ‘‘nay’’ on the DAVIS) that the House suspend the Lummis Peterson Stark rules and agree to the resolution, H. Lungren, Daniel Petri Stearns Mack amendment, and ‘‘yea’’ on final passage Res. 224. E. Pingree (ME) Stupak of H.R. 1262 and H.R. 224. Lynch Pitts Sullivan This will be a 5-minute vote. Mack Platts Sutton f The vote was taken by electronic de- Maloney Polis (CO) Tauscher REMOVAL OF NAME OF MEMBER vice, and there were—yeas 391, nays 10, Manzullo Pomeroy Taylor AS COSPONSOR OF H.R. 31 not voting 30, as follows: Marchant Posey Teague Markey (CO) Price (GA) Terry Mr. MCINTYRE. Mr. Speaker, I ask [Roll No. 124] Markey (MA) Price (NC) Thompson (MS) unanimous consent to remove Rep- YEAS—391 Marshall Putnam Thompson (PA) Massa Rahall Thornberry resentative MANZULLO’s name as co- Abercrombie Carter Gerlach Matheson Rehberg Tiahrt sponsor of H.R. 31. Aderholt Cassidy Gingrey (GA) Matsui Reichert Tiberi Adler (NJ) Castle Gohmert McCarthy (CA) Reyes Tierney The SPEAKER pro tempore (Mr. Akin Chandler Gonzalez McCarthy (NY) Richardson Titus GRIFFITH). Is there objection to the re- Alexander Childers Goodlatte McCaul Rodriguez Tonko quest of the gentleman from North Altmire Clarke Gordon (TN) McClintock Roe (TN) Towns Carolina? Andrews Clay Granger McCollum Rogers (AL) Tsongas Arcuri Cleaver Graves McCotter Rogers (KY) Turner There was no objection. Austria Clyburn Grayson McDermott Rogers (MI) Upton f Baca Coble Green, Al McGovern Rohrabacher Van Hollen Bachmann Coffman (CO) Green, Gene McHenry Rooney Vela´ zquez LEGISLATIVE PROGRAM Bachus Cohen Griffith McHugh Ros-Lehtinen Visclosky Baird Cole Grijalva McIntyre Roskam Walden (Mr. CANTOR asked and was given Baldwin Conaway Guthrie McKeon Ross Walz permission to address the House for 1 Barrett (SC) Connolly (VA) Gutierrez McMahon Rothman (NJ) Wamp Barrow Cooper Hall (NY) McMorris Royce Waters minute.) Bartlett Costa Hall (TX) Rodgers Ruppersberger Watson Mr. CANTOR. Mr. Speaker, I yield to Barton (TX) Costello Halvorson McNerney Rush Watt the gentleman from Maryland, the ma- Bean Courtney Hare Meek (FL) Ryan (OH) Waxman jority leader, for the purpose of an- Becerra Crenshaw Harman Meeks (NY) Ryan (WI) Weiner Berkley Cuellar Harper Melancon Salazar Westmoreland nouncing next week’s schedule. Berman Culberson Hastings (FL) Mica Sa´ nchez, Linda Wexler Mr. HOYER. I thank the minority Berry Cummings Heinrich Michaud T. Whitfield whip for yielding. Biggert Dahlkemper Herger Miller (MI) Sanchez, Loretta Wilson (OH) Bilbray Davis (AL) Herseth Sandlin Miller (NC) Sarbanes Wilson (SC) On Monday the House will meet at Bilirakis Davis (CA) Hill Miller, George Scalise Wittman 12:20 p.m. for morning hour and 2:00 Bishop (GA) Davis (IL) Himes Minnick Schakowsky Wolf p.m. for legislative business. On Tues- Bishop (UT) Davis (KY) Hinchey Mitchell Schauer Woolsey day the House will meet at 10:30 a.m. Blackburn Davis (TN) Hinojosa Mollohan Schiff Wu Blumenauer Deal (GA) Hirono Moore (KS) Schmidt Yarmuth for morning hour and 12 p.m. for legis- Blunt DeFazio Hodes Moore (WI) Schock Young (AK) lative business. On Wednesday and Boccieri DeGette Hoekstra Moran (KS) Schrader Young (FL) Boehner Delahunt Holden Thursday the House will meet at 10 Bonner DeLauro Holt NAYS—10 a.m. for legislative business. On Friday Bono Mack Dent Honda Chaffetz Miller (FL) Poe (TX) no votes are expected in the House, Boozman Diaz-Balart, L. Hoyer Flake Neugebauer Shuster which is a change from the previously Boren Diaz-Balart, M. Hunter Heller Paul announced schedule. Boswell Dicks Inglis Johnson (IL) Pence Boucher Doggett Inslee We will consider several bills under Boustany Donnelly (IN) Issa NOT VOTING—30 suspension of rules. A complete list of Boyd Dreier Jackson (IL) Ackerman Hensarling Roybal-Allard Brady (PA) Driehaus Jackson-Lee suspension bills, as is the custom, will Bishop (NY) Higgins Brady (TX) Duncan (TX) Sestak be announced by the close of business Bright Israel Braley (IA) Edwards (MD) Jenkins Slaughter Castor (FL) Larson (CT) tomorrow. In addition, we will consider Broun (GA) Edwards (TX) Johnson (GA) Speier Conyers Linder H.R. 1388, the Generations Invigorating Brown (SC) Ehlers Johnson, E. B. Tanner Crowley Maffei Brown, Corrine Ellison Johnson, Sam Thompson (CA) Volunteerism and Education Act, also Dingell Miller, Gary Brown-Waite, Ellsworth Jones Wasserman known as the national service legisla- Doyle Olson Ginny Emerson Jordan (OH) Schultz Etheridge Perlmutter tion. Buchanan Engel Kagen Welch Giffords Radanovich Burgess Eshoo Kanjorski Mr. CANTOR. I thank the gentleman. Hastings (WA) Rangel Burton (IN) Fallin Kaptur Mr. Speaker, as the gentleman Butterfield Farr Kennedy knows, there are 3 weeks remaining Buyer Fattah Kildee b 1430 prior to the 2-week Easter recess. Since Calvert Filner Kilpatrick (MI) Camp Fleming Kilroy Mr. PENCE changed his vote from the last recess, this House and Con- Campbell Forbes Kind ‘‘yea’’ to ‘‘nay.’’ gress have sent a $410 billion spending Cantor Fortenberry King (IA) So (two-thirds being in the affirma- bill to the President. We have passed a Cao Foster King (NY) Capito Foxx Kingston tive) the rules were suspended and the bill imposing housing cramdown, and Capps Frank (MA) Kirk resolution was agreed to. we just voted on a water quality bill, Capuano Franks (AZ) Kirkpatrick (AZ) The result of the vote was announced as well as one celebrating Pi Day. Cardoza Frelinghuysen Kissell as above recorded. I would ask the gentleman if he in- Carnahan Fudge Klein (FL) Carney Gallegly Kline (MN) A motion to reconsider was laid on tends to use the next 3 weeks to try Carson (IN) Garrett (NJ) Kosmas the table. and focus on the fear that exists out

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.072 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3377 there on the part of so many Ameri- not supported by any on your side of Mr. Zandi, who was one of Mr. cans about their jobs, and whether we the aisle, it had very substantial tax MCCAIN’s advisors during the course of can commit to focusing on preserving, cuts in there for exactly the people you the last campaign. protecting and creating jobs over the are talking about. That is, small busi- But I also noted in the paper that next 3 weeks? nesses. you are also quoted as saying, House I yield further to the gentleman. So we think that, as you do, that Minority Whip ERIC CANTOR didn’t rule Mr. HOYER. I thank the gentleman small businesses are a vitally impor- out the idea of a second stimulus pack- for yielding. tant part of creating jobs and creating age and said Wednesday he would be In fact, we are going to continue, as economic opportunity in this country, willing to sit down with the White we have been doing for every week that and we have been supporting policies to House and congressional Democrats to we have been in session in this Con- assist them. discuss any new emergency spending gress, to focus on jobs, focus on job cre- The gentleman and I were at the fis- proposals. ation. cal summit together, we went down to I appreciate that offer, and I want to In fact, I would say to the gentleman, the health summit. We weren’t in the show the gentleman that when and if— the three bills you mentioned, other same breakout group, but one of the and I have no reason to believe, by the than the Pi Day bill, were focused on things we are looking at, as you know, way, that Mr. OBEY is doing anything jobs, focused on investing in our econ- is trying to help small business with as reported in the paper that he might omy, in clean water, in education, in health care costs. That’s a major chal- be doing, I have no reason to believe he the safety of our public streets, keep- lenge confronting the small business is doing that—but I want you to know ing cops on the beat. community. that in light of your interest in sitting So I say to my friend, the answer to Our friends at NFIB, as you know, down, that I share that interest, and your question is, we are going to con- have shared that interest. Now we we will do that. tinue to focus on jobs during the next haven’t gotten to a specific proposal, Mr. CANTOR. I thank the gentleman. 3 weeks as well. We think we have been so we will have to see what happens Mr. Speaker, I would like to, for the doing that. when we get there. We certainly share record, set it straight. My comments We have had some disagreements on your concern, but we also believe we were that if we are going to get serious about focusing on job creation, yes, I whether that was the way to do it, I have been acting toward the end the would support a bill that would provide understand that, but there is no doubt gentleman suggests, and that is assist- relief to the small business people of that we are going to continue to focus ing small businesses to grow and to this country, so we can get the entre- on jobs. One of those will be at some create jobs and to stay in business. preneurs back into the game of putting point in time before we leave for the Mr. CANTOR. I thank the gentleman. Easter break. As the gentleman knows, Mr. Speaker, I would like to draw the capital to work so we can not only save the jobs that we have got, we can begin it’s our intention to bring up the budg- gentleman’s attention to several news to create new ones for our families and et as well. reports lately that have alluded to Mr. CANTOR. I thank the gentleman. our communities. Chairman OBEY and others in the ma- Mr. Speaker, I would like to ask the I would ask the gentleman, given this jority caucus preparing a second stim- budget that he intends to bring to the gentleman if he would respond to some ulus bill. of the reports that there may be a bill floor, and the fact that, frankly, we I know the chairman was quoted in dealing with stem cell research coming feel that budget has an Achilles’ heel, CongressDaily this morning as saying to the floor next week, and whether he which is it increases taxes on the pri- that it is spectacularly unreasonable to could confirm that and, if so, what is mary job creators in the country, expect to see the stimulus package which is small business. Can the gen- the substance of that bill. that we passed produce any action any I yield further to the gentleman. tleman tell us if there are other bills time soon. Mr. HOYER. I thank the gentleman. that are specifically focused on helping Further, we see that the economist, First, in a very short response to small business people get back into the Paul Krugman, thought and has writ- your question, I do not expect the leg- game, so that instead of just raising ten that the first stimulus bill that islation dealing with stem cells to be taxes, redistributing wealth, we can ac- passed has failed because it didn’t coming to the floor next week. tually focus on job creation, wealth spend enough. I do, however, respond to the gen- creation, and get back on the road to Now we know that the economist, tleman that we are considering bring- prosperity? Mark Zandi, has met with the Majority ing to the floor legislation, similar, in Mr. HOYER. One of the things I want Caucus this week and said that the terms of specifics, very similar, if not to say in response to the gentleman’s stimulus that passed would fall short the same, as the bill that passed this first question, in response to what he of the goals that were originally put House on a bipartisan vote in the last referred to as the cramdown, as the out there to create 3.5 million jobs. Congress. gentleman knows, there were three So I have asked the gentleman, We believe that that will be con- very important provisions which were should we expect in the House for there sistent with the President’s action this not controversial, which is perhaps to be another stimulus bill and, if so, week dealing with the executive order why I didn’t mention them, notwith- would you include some of the Repub- on stem-cell research. standing the fact that many voted lican proposals that were in our plan We believe this research provides real against the bill to help homeowners, to that were focused on job creators, fo- hope for some of mankind’s most dif- help those who were either at risk or cused on small businesses, entre- ficult diseases and afflictions and chal- may be at risk of losing their homes. preneurs and the self-employed? lenges. We think the research is prom- The bankruptcy provision was to try I yield further to the gentleman. ising. to facilitate, in league with the very Mr. HOYER. I presume the gen- On the other hand, we want to make substantial reform proposals proposed tleman is referring to the job creators sure that it does, in fact, do what we by the administration, which would be that we had in our bill. say we want to do. As you know, when under Fannie Mae and the Treasury As you know, we believe that the we passed legislation like that before, Department, and under Sheila Baird’s substitute that was offered to the re- we made it very clear that human aegis, trying to help homeowners. So covery and reinvestment package that cloning was not something that the that bill, we think, was a very impor- was defeated in a bipartisan way cre- Congress supported and that we were tant part of the comprehensive home- ated—and there is a difference in this— specifically prohibiting that. owners affordability plan announced by our perception of this is 2 million less So in answer to your question, I the administration. jobs than the bill that we offered and would think the legislation would be With respect to helping small busi- that was passed, which we think either very much along those same lines. But ness, as the gentleman knows, we created or saved 3.5 million jobs. we do not expect it to be here this passed the Recovery and Reinvestment Having said that, you asked about an week. I want to tell the gentleman it Act. As the gentleman also knows, not- additional relief package. I note you may be, however, on the floor prior to withstanding the fact that that was quoted the newspapers as talking about our leaving for the recess.

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.075 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3378 CONGRESSIONAL RECORD — HOUSE March 12, 2009 Mr. CANTOR. I thank the gentleman. passed it in the last Congress, and it’s this bill pass. Having said that, let me Mr. Speaker, I know that the gen- our expectation that the Senate is say that Leader REID, the senior leader tleman is aware, as all of us are, about going to be dealing with this legisla- of the Senate, has indicated that he is the tremendous job losses that we have tion. They have not yet considered it; going to file for cloture on that bill in experienced in America of late, 650,000 and it is my belief that we want to see the Senate tomorrow. So they may plus jobs just last month. whether they can pass it. We believe well move on it as well. There is an announcement yesterday they can. There are a number of options for us that we all read about, that the card b 1445 to pursue. As you will not be surprised, check bill was introduced. Along with we are going to pursue the one we that introduction, there was a new We are going to be interested in what think is most successful. nonpartisan study that was published action they take. Mr. CANTOR. I thank the gentleman, that predicts that passage of card Mr. CANTOR. I thank the gentleman. Mr. Speaker, and I yield back. check legislation will result in the im- For the record, any democracy has f mediate loss of 600,000 jobs. also in it the elections that afford one So I would ask the gentleman, num- the right to a private or secret ballot, ADJOURNMENT TO MONDAY, ber one, when he expects to bring that which this bill completely takes away MARCH 16, 2009 from the workers of this country. card check bill to the floor, and if, in Mr. HOYER. Mr. Speaker, I ask Mr. HOYER. Will the gentleman the interim, if he is considering that if unanimous consent that when the yield? the Senate is to act, and we are to act House adjourns today, it adjourn to Mr. CANTOR. Not yet, Mr. Speaker. I in these economic times, why would we meet at 12:30 p.m. on Monday next for would say again that our economy is be doing that if we know, through non- morning-hour debate. not just built on consumerism, our partisan studies issued, that it’s a job The SPEAKER pro tempore. Is there economy is built on investments and, killer? Why would we be bringing that objection to the request of the gen- frankly, the rebuilding of this economy to the floor? tleman from Maryland? will take place with job creation. And I yield further to the gentleman. There was no objection. Mr. HOYER. I thank the gentleman if we know that card check is a job- for yielding. First of all, let me re- killer, folks across this country have f spond. We don’t know that. Somebody got to be scratching their heads right TRACKING THE TARP FUNDS reported that. We don’t know that at now, wondering what in the world is (Mr. KUCINICH asked and was given all and, very frankly, we don’t accept Washington doing passing a piece of permission to address the House for 1 that figure. We don’t accept the figure legislation that has been proven to kill minute and to revise and extend his re- that we will, in fact, lose jobs. jobs, not promote jobs. We on this side of the aisle feel very Mr. HOYER. Let me say that, as I marks.) strongly that the working men and said before, we don’t believe it’s a job- Mr. KUCINICH. Yesterday, our Do- women in this country have the right killer, number one. But, number two, mestic Policy Subcommittee held a under law to organize and to bargain the gentleman and I have a disagree- hearing about how the Treasury De- collectively for wages and benefits and ment factually as to what the bill does. partment has accounted for TARP working conditions. We think that is We don’t believe this kills the right of funds. The taxpayers of the United inherent in the rights, in the free mar- the employees to have a free election States have already paid $700 billion of ket. at all. Period. their tax money into this bailout pro- Very frankly, I would tell my friend We believe in fact the employee has gram. We found out that the Depart- that I have traveled, as he has, in that choice. The employee has the ab- ment of Treasury doesn’t track the many parts of the world, and rarely solute right to respond, ‘‘No, I don’t funds after they give them to the have I seen a successful democracy want to sign your card. Let’s have an banks and, as a result, we have seen that didn’t have a free trade union election. And I will sign it for that pur- that, of these funds that were supposed movement. So we feel very strongly pose, and that purpose only, to give to go to help the U.S. economy, $8 bil- about that. We feel very strongly about you the 30 percent you need to get the lion has gone through Citigroup to the right to organize, and that means election.’’ Dubai; $7 billion through Bank of that it is the employee’s choice of how I think I’m right on 30 percent. But, America to China; $1 billion through to organize. in any event, we believe this is the em- JPMorgan Chase to India. Now, having said all that, let me also ployees’ choice of how they want to or- I want the American taxpayers to say that we have observed that there ganize, not the employer’s choice. think about that because with all the has been, in many ways, a relationship So we are not and did not by passage pressing needs we have here with the between the decline in union member- of this legislation take away from the people who are starved for credit—busi- ship and a decline in the buying power employees the right to have an election nesses are dying because they can’t get of the American worker. if they so choose. loans from banks—banks are taking And the greatest disparity between Mr. CANTOR. I thank the gentleman. our tax dollars and they’re shipping what average workers make and what One remaining question, Mr. Speak- them abroad. the bosses make now exist in our coun- er. Can the gentleman inform us as to It’s time that we started to take care try to a greater extent than any other whether the public lands bill will be of things here at home. It’s time that place in the world. We think that’s a brought back up under a rule in this we started to ask the Treasury Depart- problem. House. ment to keep track of these TARP Consumerism is what drives this Mr. HOYER. We think the public funds and make sure that they’re in- economy. Consumerism is down, in- lands bill that failed just by two votes tended for the purpose that the Amer- comes have been frozen, and you see, in yesterday is a very good bill. Over- ican people want them to be spent for, my opinion, some of that result. whelming support. Essentially two- and that is revive our American econ- I don’t, by any stretch of the imagi- thirds of this House supported it. Two- omy. nation, want to say that the reason thirds of the Senate supported it. Actu- f that we are in the decline that we are ally, I think it was probably even more in today, and facing the challenge that than that. TRIBUTE TO LEE ANNENBERG we are today, is a direct result of the In any event, we believe that bill is a (Mr. DREIER asked and was given fact that union membership is down. very, very good bill. We are hopeful permission to address the House for 1 But, certainly, I believe that one of that a number of your members will minute and to revise and extend his re- the results is the reduction in the buy- conclude that maybe they should have marks.) ing power of average Americans in this voted for it. We will see on that. Mr. DREIER. Mr. Speaker, it is with country. So the answer to your question is great sadness that I rise today to share Now, having said that, we passed this that we may bring it up either by rule with my colleagues the news of the bill. We passed it pretty handily. We or by suspension, but we want to see passing earlier this morning of a very

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.076 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3379 dear family friend and one of our Na- CONDEMNING THE ACTIONS OF ment spending and the Democrats need to tion’s greatest citizens, Mrs. Walter THE CHINESE show some fiscal responsibility, just as Presi- Annenberg. (Mr. FORBES asked and was given dent Obama promised. Lee Annenberg was an extraordinary permission to address the House for 1 Where is the responsibility and account- person who lived every day with ele- minute.) ability so often mentioned but never embraced gance, generosity, and a dedication to Mr. FORBES. Mr. Speaker, 5 days by President Obama? improving the quality of life of her fel- ago, a U.S. naval vessel was traveling f low man. Members of this institution in international waters 70 miles off the SPECIAL ORDERS will recall countless instances of a coast of China when it was harassed by strong commitment to the United a Chinese frigate that went dan- The SPEAKER pro tempore. Under States House of Representatives and gerously across its bow. Shortly there- the Speaker’s announced policy of Jan- both Houses of Congress. after, it was buzzed by a Chinese mari- uary 6, 2009, and under a previous order She in fact made it possible for us to, time aircraft and a demand was given of the House, the following Members for the first time since the founding of for that vessel to leave international will be recognized for 5 minutes each. our country, convene on the anniver- waters or suffer the consequences. f sary of September 11, when we all went When it tried to do so, there was an at- The SPEAKER pro tempore. Under a to Federal Hall in New York. She tempt made to stop it, and then five previous order of the House, the gen- underwrote the bipartisan civility re- Chinese vessels harassed it. tleman from Texas (Mr. POE) is recog- treat that we held. Several years ago, Mr. Speaker, yesterday we passed a nized for 5 minutes. the California congressional delegation resolution condemning Chinese actions (Mr. POE addressed the House. His came together at her beautiful home, for harassment for the people of Tibet. remarks will appear hereafter in the Sunnylands, in Rancho Mirage, Cali- I filed a resolution that would condemn Extensions of Remarks.) fornia, to hold the first ever bipartisan these actions and make sure that we f California congressional delegation re- understand the message the Chinese treat. government was sending to us through OMNIBUS SPENDING BILL Mr. Speaker, no two people have been these actions was very clear. So far, I The SPEAKER pro tempore. Under a more personally committed to public question whether we have sent a re- previous order of the House, the gen- service, education, and philanthropy sponse that has equal clarity. tleman from Indiana (Mr. BURTON) is than Lee and Walter Annenberg. I hope that the Members of this recognized for 5 minutes. House will join in this resolution and Mr. BURTON of Indiana. Mr. Speak- f let those individuals on that vessel er, the phones in my offices have been know that we are standing behind ringing off the wall today because peo- them in condemning these actions that BUILDING TO FIX THE ECONOMY ple are very upset that we just passed were taken by the Chinese government. the omnibus spending bill for $410 bil- (Ms. JACKSON-LEE of Texas asked f lion that has between 8,000 and 9,000 and was given permission to address pork barrel projects in it. THE DEMOCRAT BUDGET the House for 1 minute.) The people of this country can hardly Ms. JACKSON-LEE. Mr. Speaker, I (Ms. FOXX asked and was given per- believe the way we are spending money think it is very important as we begin mission to address the House for 1 up here. They all want to see the econ- to build the building blocks of fixing minute and to revise and extend her re- omy turn around, but I think they real- this economy that maybe we should marks.) ize that the way to turn the economy give a greater understanding of what Ms. FOXX. The Democrat budget around is by instilling enthusiasm and the stimulus dollars are to be utilized spends too much, taxes too much, and confidence in the American people by for. borrows too much. Contrary to what cutting taxes across the board, includ- There are Congresspersons and Sen- Democrats say on this floor all the ing taxes for businesses, such as the ators and Governors and State legisla- time, the government doesn’t invest. It capital gains tax. tors and others, but the President’s in- spends. It spends money it takes from Mr. Speaker, so far, we passed a tent, the administration’s intent is American citizens, to whom the money TARP bill for $700 billion, and that these dollars are to be in the hands of belongs. TARP bill that was supposed to help taxpayers. Here’s a look at the increase in gov- get the economy moving and help the ernment spending the Democrats want financial institutions—we found that $8 The good news for those who have to impose on the backs of American been criticizing is the Dow went up billion of that was loaned by Citigroup families. The budget increases spend- to Dubai public sector entities; $1 bil- this week, and the Governors of the ing to $3.9 trillion in 2009, or 27 percent Nation were in Washington to get their lion was invested by JPMorgan in of GDP, the highest level since World India; $7 billion was invested by Bank instructions on how to make sure that War II. This is simply too much spend- these grants and these moneys are of America in the China Construction ing and will lead to higher taxes, slow- Bank Corporation. transparent, to make sure that grants er economic growth, and fewer jobs for are competitive and, yes, that the dol- middle-class families. b 1500 lars are in the hands of small busi- Despite their claims, the Democrats’ And the American people are won- nesses; of primary and secondary budget promises historically high defi- dering why the $700 billion that their schools; of hospitals; of municipal gov- cits stretching out to 2019, when the representatives voted for is being used ernments; of putting shovel in the budget deficit will stand at $712 billion. to help other countries. That money ground, if you will, fixing utilities, fix- The Democrats’ budget would produce was supposed to help our economy. ing roads. a $1.75 trillion deficit, or 12.3 percent of In addition to that, we spent $14 bil- That should be the message and the GDP in 2009. This deficit level is more lion for the auto bailout, almost $1 tril- work of those of us who serve in the than three times the previous record lion when you add in interest for the United States Congress. It’s my intent deficits. stimulus bill and the omnibus bill I to be at home educating those of my Over the first fifty days of the new Adminis- just talked about. And the budget is constituents on how to use this money tration, Democrats have spent approximately coming up, and it is going to cost effectively. $1 billion an hour, most of it with borrowed about $3.9 trillion, of which $635 billion The only way that they will be suc- money. is for a new socialized medicine health cessful is if they can count jobs one at Beginning in 2012, and every year there- program. But that is not the end of it. a time. That’s what the President after, the government will spend more than $1 The stimulus package that we wants. That’s what we are doing. And billion a day in net interest. passed, almost $1 trillion, was supposed those who are criticizing need to look Mr. Speaker, American families and small to really help get the economy moving, at the people who are now working. businesses cannot afford all of this govern- and now we hear that there probably is

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.078 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3380 CONGRESSIONAL RECORD — HOUSE March 12, 2009 going to be another stimulus package. economic growth and not put this President Obama promised to reduce We don’t know how much that is going country into a financial trick bag. taxes on 95 percent of Americans. Last to cost. Mr. Speaker, my colleagues and I week, the President introduced his new Speaker PELOSI is quoted as saying have been down here night after night budget that depends upon a staggering that she is open to a second stimulus talking about this. We feel like it is tax increase of $1.4 trillion over the package. That was on CNN. It says, falling upon deaf ears, but we must next 10 years. If that fell on every one ‘‘The Democrats eye another stimulus come down here and try to explain to of us, that would come to nearly $15,000 bill on the Hill.’’ ‘‘Pelosi open to an- our colleagues and the American peo- for an average family of four, or about other stimulus,’’ in Roll Call. ‘‘Pelosi ple how really horrible is the approach $1,500 per year, out of that family’s raises the prospect of another stimulus that we are taking right now. paychecks. So what a relief it was to hear the President’s assurances that economic package, a second one, this f year,’’ in CQ. ‘‘Pelosi leaves the door that is only going to be a tax on the The SPEAKER pro tempore. Under a rich. Except, it is not. open to a second stimulus,’’ in Reuters. previous order of the House, the gentle- And the Wall Street Journal talks As we begin dissecting the Presi- woman from California (Ms. WOOLSEY) dent’s new taxes, it is becoming crystal about that by saying, ‘‘Lawmakers is recognized for 5 minutes. weigh the need for a second stimulus to clear that they are actually hitting (Ms. WOOLSEY addressed the House. squarely at the middle-class, working spur job growth.’’ Her remarks will appear hereafter in If you add all this together, Mr. families who are struggling to make the Extensions of Remarks.) Speaker, we are spending God only ends meet in the worst economy in a knows how many trillions of dollars f generation. Let me walk you through that we do not have, and we are mort- The SPEAKER pro tempore. Under a the reasons why the President’s new gaging the future of our kids and previous order of the House, the gen- taxes are something that every middle- grandkids. tleman from North Carolina (Mr. class family should fear. I have been down here night after JONES) is recognized for 5 minutes. There are about $650 billion of direct night talking about this, and I cannot (Mr. JONES addressed the House. His tax increases, including a boost in the understand why we don’t approach the remarks will appear hereafter in the income tax of nearly 40 percent. Now, solving of these problems in a logical Extensions of Remarks.) that is the part that the President says and orderly manner as we have in the will only be on the very wealthy, which f he defines as people making $125,000 a past under people such as John F. Ken- The SPEAKER pro tempore. Under a nedy and Ronald Reagan. They cut year or couples making $250,000. But previous order of the House, the gen- when you scratch the surface, you taxes to stimulate economic growth, tleman from Oregon (Mr. DEFAZIO) is and it worked, giving us economic re- learn that more than half of these folks recognized for 5 minutes. aren’t folks at all; they are small busi- covery and long periods of economic (Mr. DEFAZIO addressed the House. growth. But what we are doing is just nesses. So if you work for or you own His remarks will appear hereafter in a small business, chances are this tax throwing taxpayers’ money at it as fast the Extensions of Remarks.) as we possibly can, and it is money is for you. The rest is coming from in- which we don’t have. And we are going f creases in business taxes, either di- rectly, or as cap-and-trade taxes for to print that money, the money that The SPEAKER pro tempore. Under a carbon dioxide emissions. That is a we can’t borrow from somebody else. previous order of the House, the gentle- We already owe China about $800 bil- woman from Ohio (Ms. KAPTUR) is rec- huge levee on every business that lion, $900 billion. We owe Japan about ognized for 5 minutes. emits carbon dioxide. That includes $600 billion. They are not going to con- (Ms. KAPTUR addressed the House. construction, agriculture, cargo trans- tinue to loan us money. We have bor- Her remarks will appear hereafter in portation, energy production, manufac- rowed money from the Social Security the Extensions of Remarks.) turing, baking, distilling. Is that any- thing for the middle-class to worry trust fund, so much so that it is prob- f about? You bet it is. ably bankrupt if we were to really look The SPEAKER pro tempore. Under a I will let you in on a little secret of at it today. Yet, we continue to spend previous order of the House, the gen- government finance: Businesses do not money and spend the future genera- tleman from North Carolina (Mr. pay business taxes. There are only tions right down the tube. MCHENRY) is recognized for 5 minutes. three possible ways that a business tax The inflation rate that we are going (Mr. MCHENRY addressed the House. can be paid. It is paid by us as con- to face in the next 2, 3, 4 years I think His remarks will appear hereafter in sumers through higher prices; it is paid is going to be untenable. I really be- the Extensions of Remarks.) by us as employees through lower lieve we are going to have double-digit f wages; or, it is paid by us as investors inflation as well as double-digit unem- The SPEAKER pro tempore. Under a through lower earnings, that is, what is ployment because of the way we are previous order of the House, the gen- remaining of our 401(k)s. There is sim- going about solving these problems. tleman from Texas (Mr. PAUL) is recog- ply no other possible way a business Mr. Speaker, I just cannot understand nized for 5 minutes. tax can be paid. it. (Mr. PAUL addressed the House. His The income tax deduction for chari- Then, on top of that, what did we do table contributions is being curtailed to stimulate buying homes? We cut the remarks will appear hereafter in the Extensions of Remarks.) for upper income taxpayers upon whom amount of mortgage deductions that charities rely for the vast bulk of their f people can deduct from their taxes by donations every year. That means a lot about 30 percent. So if a person has a The SPEAKER pro tempore. Under a less charitable contributions and a lot mortgage deduction on their house, we previous order of the House, the gen- more demand for government services. cut that. We reduced it by 30 percent. tleman from Utah (Mr. CHAFFETZ) is At just the moment when investment There is a real inducement for people recognized for 5 minutes. is desperately needed to create new to buy a home. Then, as far as chari- (Mr. CHAFFETZ addressed the jobs, the President proposed hiking the table giving is concerned, we reduced House. His remarks will appear here- capital gains tax. That means a lot less the amount that people can deduct after in the Extensions of Remarks.) investment and a lot less job creation. from their taxes for giving money to f Now, this is not a complicated prin- charities, and that is going to put the ciple: If you tax something, you get charitable institutions in a real bind, TAX TIME less of it. If you tax productivity, you and that means the government will The SPEAKER pro tempore. Under a get less productivity. If you tax chari- probably pick up more of the responsi- previous order of the House, the gen- table contributions, you get less chari- bility of taking care of the people of tleman from California (Mr. MCCLIN- table contributions. If you tax invest- this country. That is just unconscion- TOCK) is recognized for 5 minutes. ments, you get less investments and able, in my opinion. We need to be Mr. MCCLINTOCK. Mr. Speaker, less jobs. If you tax energy production, doing what is necessary to stimulate many people were quite relieved when you get less energy.

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.082 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3381 So just at the time when we need been overspending. They know, it to the floor to vote on, there were tens more productivity, more charity, more doesn’t work. Yet, here we are, trying of thousands of jobs every day being investment for jobs, and more energy, it ourselves. lost because businesses were giving up the Obama administration proposes a Now, we keep hearing about the def- hope. They were trying to hang in massive tax increase that they have icit. When I was here as a freshman in there, hang on to their good employees. the gall to tell us will stimulate the 2005 and 2006, I was upset about the So many of those jobs lost were good economy. These taxes will hammer overspending. I was upset about the union jobs. They were trying to hang in every American, either directly or in- deficit going up. And it wasn’t the tax there. But then, from what they were directly. At exactly the time when we cuts that created the problem. The tax hearing it didn’t sound like this so- should be reducing burdens on the cuts created the greatest revenue com- called stimulus or spendulus bill was economy, this administration wants to ing into the U.S. Treasury in American going to allow them to come out from increase them. history, more money than ever coming under the trouble they were in, so they If the President wants to raise taxes into the Treasury. That wasn’t the gave up and kept laying jobs aside. because the government is out of problem. But as it came in faster and People, families were hurt. So we were money, what makes him think that the faster, we were spending even faster told, ‘‘It has got to be fast. Don’t read American people happen to be flush than that, and there were some of us it, just vote on it.’’ So it was passed, with cash? This is exactly the mistake who were upset about it. The American and 4 days later it gets signed into law. that Herbert Hoover made in respond- people were upset about it. So as our b 1515 ing to the recession of 1929. He dra- friends across the aisle kept pointing matically raised income taxes, import out, you have got to cut out this def- Now, how is that an example of being taxes, and spending, and he turned the icit spending, the voters heard them. open, honest and transparent? As a recession of 1929 into the depression of They said, they are right. The Demo- young attorney, I always advised peo- the 1930s. crats are the ones saying don’t be ple, if people want you to sign off on Adam Smith, the father of modern spending and running up the deficit on something but say, ‘‘you don’t have economics, pointed out that a govern- our children and grandchildren. The time to read it, just sign it,’’ then it is ment that raises taxes in response to a voters were right. The Democrats were even more important to read before recession makes exactly the same mis- right to say that, because we were you sign off on it, before you put your take as a shopkeeper who raises prices overspending. Many of us in the Repub- name on it. And here we had the Con- in response to a sales slump. California lican party were saying the same gress of the United States put their has again ignored that warning. It is thing. But that was not what carried names on a document that they were set to impose the biggest State tax in- the day. There was overspending. not allowed to read all because it had crease in history on April 1. That is As a result, we got this comment to be passed immediately. And then 4 going to be $13 billion from California after the election in November of 2006 days later, once we get the press and families, proportionately a little bit from our now Speaker: ‘‘The American all of that going on, have the photo op less than the President’s taxes, but it people voted to restore integrity and there in Colorado, then the bill gets is in the same ballpark. I suspect that honesty in Washington, D.C., and the signed. And I’ll bet the folks there, I’ll by the time the Obama budget, with all Democrats intend to lead the most bet the President had not read the bill. of its tax increases, comes up for a honest, most open, and most ethical Of course he hadn’t. He hadn’t had vote, California will have become a Congress in the history.’’ time. poster child for what not to do. Maybe, In fact, we even voted a few weeks I am joined by my dear friend from by then, the administration and the ago in here that we would not even Indiana, Mr. DAN BURTON. I would love majority in Congress will figure out vote or take up this horrible spending to yield time to him such as he would that raising taxes in a recession is not bill, spendulus, porkulus, whatever you use and do so at this time. exactly the smartest thing that we want to call it, until we had at least Mr. BURTON of Indiana. Thank you could be doing. had 48 hours to review it. We voted on very much. I appreciate it. And I’m happy to stick around here tonight f that. The vast majority, it seems like it may have been a super majority, with you to go into some of the things SO MUCH MONEY TO GIVE AWAY voted that we would not vote on that that I think ought to be explained to AND SO LITTLE TIME bill until we had seen it for at least 48 our colleagues and to the American The SPEAKER pro tempore. Under hours. Then it gets on the web at 11:00 people if they happen to be paying at- the Speaker’s announced policy of Jan- or 12:00 at night. I got my copy to re- tention here tonight to what we are uary 6, 2009, the gentleman from Texas view the next morning about 9:00, and doing. (Mr. GOHMERT) is recognized for 60 min- we are debating at 10:00. And we are The people really do have a right to utes as the designee of the minority told, people are losing their jobs every know where we are spending this leader. minute you are delaying passing this money. And we had people from the Mr. GOHMERT. Mr. Speaker, these bill. We have got to pass it. You don’t Treasury Department appear before the are interesting times we are living in. have time to read it, you have just got Senate Banking Committee last week. It just seems like the motto we hear in to trust all the people, the staffers and And Senator SHELBY, as I recall, asked Congress is, so much money to give everybody that put this together. We where some of the money was being away and so little time. Wow. don’t know what is air-dropped in spent. They actually would not even How can we give away more and there; we don’t know what all is part of tell him where the money was going. more money? Well, to give it away, we it, because we don’t have time to read And we are talking about $700 billion have got to tax, we have got to borrow, it, either. Nobody on either side of the that was passed by the House and the and we have got to print more money. aisle read it, but we had to pass it. Senate. There was supposed to be All of these are not good things to be It doesn’t exactly match up with the transparency so that we knew where doing. And how ironic this week to see transparency and the openness that the money was going. an article in national papers that, as was promised. It doesn’t match up with Now we did find out, and I mentioned Mr. Geithner is encouraging other the President of the United States, this in a previous Special Order to- countries to follow our lead and spend President Obama, promising there night, we did find out that some of the and spend and tax and spend and bor- would be no bill that would be taken up money that was given to the financial row and spend, Europe, of all places, is and voted on unless we had 5 full days institutions to get the economy mov- saying, we are not sure that this idea before he signed it to have comments, ing again was used to help other coun- of spending and spending more and 5 full days. Well, we were told we had tries. Now this is $700 billion that was more money is such a good idea. Who- to pass it, we had no choice, people are supposed to be used to help the Amer- ever would have thought that Europe losing their jobs. And the thing is, peo- ican people, help the American econ- would be the ones to give us a lecture ple were hearing things that were sup- omy and help the financial institutions on overspending not being the way to posed to be in the bill, and yet the very to be able to survive. And yet $8 bil- go? But these are the people that have week that this bill was being brought lion, $8,000 million, was loaned by

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.090 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3382 CONGRESSIONAL RECORD — HOUSE March 12, 2009 Citigroup to Dubai, $1,000 million was help out the problem. But we have to being fiscally responsible. Let’s cut loaned by JPMorgan Treasury Services pay them interest on that money. But spending. We want to know where the to India, $7,000 million was loaned by the money that we cannot borrow, we money is going, and we don’t want to the Bank of America to the China Con- have to print. And I hope my col- waste it. And we certainly don’t want struction Bank Corporation, and a leagues are listening to this. We have to have hyperinflation. whole lot more. There were 297 other to print the money. And so far, we have This will be passed on to our kids and entities that got the money, and they increased the money supply by almost our grandkids in our posterity. They would not tell us where the money 300 percent. That means if we were are going to pay more in taxes. They went. buying something 1 week ago or 1 are going to be paying more in infla- Now we are the representatives of the month ago, such as a car, in the future, tion. And their quality of life is going people. The Senators are the represent- when this money starts getting into to go down if we don’t change this stuff atives of the people. And we have a circulation, because we have increased pretty dog-gone quickly. right to know where the money is the money supply 300 percent, we are With that, I want to thank the gen- going when we vote to spend it. That is going to have a heck of a rate of infla- tleman for yielding. I appreciate being one of the reasons why I voted against tion. That means the cost of every- with you tonight. almost every one of these spending thing is going to go up and up and up. Mr. GOHMERT. Thank you. I’m so bills this year because we haven’t been That means college educations, cars, grateful to my friend from Indiana. I able to understand where the money is refrigerators, homes, the price of ev- always learn something every time I going to be spent or why it is being erything will go up. hear him speak. And I appreciate him spent, and there hasn’t been any real If my colleagues doubt this, I hope any time he wants to speak while I’ve plan. We have just thrown money at it, they take a look at this chart. It shows got time, he is welcome here. It is in- like that is going to solve the problem. the money supply and how it has teresting though. It just seems like we If we are going to spend taxpayers’ changed over the years. And you go all do not learn the lessons either of his- dollars, in my opinion, they have the the way to 1990 and you start to see a tory from other countries or of our own right to know where the money is rise. And then you see in 2000 it goes up history. We keep trying the same going, number one. And number two, more rapidly. And then you go to things over and over again. we need to see the plan, as representa- where we are today, and you see the For one thing, though, we had this tives of the people, so that we know money supply is going straight up. I massive bailout back in September. where the money is going to be spent, mean it is going up straight. It is not And there were a few dozen, I think how it is going to be spent and whether going at an angle anymore. It is going maybe 60 Republicans that joined with or not it is going to be spent wisely. straight up. And that means we are the vast majority of the Democrats and And so far, every single one of the continuing to spend more than we are passed that bailout bill. I thought it spending bills that I have looked at— taking in. And we are printing that was a huge mistake. I knew it was a and I think my colleagues looked at it money. huge mistake. I begged my colleagues as well—not one of them really gives us We had this problem back in the across the aisle, this side, please don’t a plan on how to work our way out of 1970s. Mr. GOHMERT remembers. I think do this. And yet, we did. Seven hundred this morass that we are in. you’re old enough to remember that. billion dollars. It was an outrageous I went into some of the things that I Back in the 1970s, we had this problem amount. It may be that only $250 bil- have mentioned in the past. And we are when President Carter was in office. lion of that—only—only $250 billion of looking at trillions and trillions of dol- And we ended up with double-digit in- that was spent before the new adminis- lars that we have been spending. And flation. We had 14 percent inflation and tration came in. And they immediately when I talk to the American people out 12 percent unemployment. And they asked for the other $350 billion, an- in my district, in the Fifth District of ended up raising the interest rate to other $800 billion in a stimulus, Indiana, about all this spending, and slow the inflationary trend at 21 per- spendulus, porkulus whatever you want you talk to them about $1,000, they un- cent. And that put us into a deep, deep to call it bill, and then followed that derstand, $1 million they understand, recession. up with over $400 billion on top of that. $1 billion they start to glaze over. And What we are doing today is going to We only get $1.21 trillion in from in- when you get to $1 trillion, it just does bring those days back in spades. It is come tax, from individuals for the en- not register because it is so much. going to be worse because we are in- tire year of 2008. And yet, just in a That is a thousand thousand million creasing the money supply and spend- matter of weeks, $1.6 trillion, $1.7 tril- dollars, $1 trillion. And we are spending ing much more rapidly than they did in lion, an incredible amount of money. money in the trillions. The budget that the 1970s. And that was a tragic experi- I have said this before, people I think is coming up here after we have al- ence. Ronald Reagan came in and cut are getting the idea, you want to in- ready spent trillions of dollars is going taxes across the board. And we ended crease the economy and help the econ- to be almost $4 trillion in addition to up working our way out of the econ- omy? Let every taxpayer know they that. And today we found out that the omy, and we had a long period of time can keep their own tax dollars. Now Speaker of the House has indicated we of economic growth. But we are digging originally my bill proposed 2 months. might have another stimulus bill, such a hole right now with this spend- But for the kind of money we have which means we will probably add an- ing that it is going to be much, much been spending, we would be better off other $1 trillion on top of that. more difficult to dig ourselves out of to tell everybody you have the whole Now I brought a chart with me to- that than it was back in the 1980s when 2008 tax year off with no taxes. If you night, Mr. GOHMERT. I can’t talk to the Reagan was President. So I really ap- send it in, you’re getting it back. If American people, because we are in the preciate Mr. GOHMERT taking this spe- you haven’t paid it, then don’t. We well. But if I were talking to them, I cial hour. He is one of the real stal- would have been better off. Cars would would like for them to take a look at warts as far as fiscal responsibility is be bought. Homes would be bought. this chart just like my colleagues do. concerned. Homes would be built. Businesses And it shows what happens when you Unless we get our colleagues on both would be built. American Dreams inflate the money supply. And when I sides of the aisle to start paying atten- would be made all over. talk about ‘‘inflating the money sup- tion to what we are doing and not just It is interesting to hear a study this ply,’’ I’m talking about when we spend thinking, ‘‘oh, my gosh, we don’t have morning that we went from an Amer- all these trillions of dollars that we to worry about the spending, it will ican Dream of having our children have don’t have. We have to either borrow it take care of itself,’’ then we are going it better than we have to now the cur- from countries like China or we have to continue to dig ourselves into this rent American Dream, the majority to borrow it from countries like Japan. hole. American Dream is to own their own And we owe Japan over $600 billion. We And I just wish the American people, business, to have a small business. owe China over $700 billion. And it will Mr. Speaker, would call every one of Then also know that American busi- soon be over $1 trillion. And when we their congressional representatives and nesses, small businesses, that is, have borrow that money, it is supposed to their Senators and say, hey, let’s start 70 percent of the employees in the

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.092 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3383 country. You want to help the country? alty, we are going to lower the tax Now with this President’s new budg- Help small business. And yet all we are here, fix this, do that and have less of et, he is proposing to cut that back so hearing is we are going to hammer the a penalty, oh, we think we have fixed the government will be the end all people that may make more than it. I have gotten sick of hearing those charitable donor. That is so offensive. $250,000, the very people who I’ve heard messages. And I intend to have a bill That is so offensive. from who have said, ‘‘I would like to filed in the next couple of weeks as I am delighted to be joined by one of hire at least one or two employees, but soon as we get it back from legislative the greatest Members of Congress that if I’m about to get hammered with a counsel. It is very simple. It just says, we have here. We were delighted when tax, I’m going to have to pay that in if you’re married, then you have got a she joined our ranks a couple of years taxes. I can’t afford to hire anybody. choice. You can file married jointly or ago because this is someone who comes So I’m waiting back here to see if I’m you can file as a single individual, from the heart, incredibly sincere, and going to get hammered with more whichever is better for you. Boom. No it is hard to beat somebody who is both taxes. And if not, then I will hire more marriage penalty. That’s the end of it. sincere and very, very intelligent. I people. And if I am, then I’m not hiring Now that is how you deal with a mar- would yield to my friend, the gentle- anybody. I will just kind of hang on to riage penalty. You give people who are woman from Minnesota (Mrs. what I’ve got.’’ doing a good thing, being married, you BACHMANN). One of the things we learned back in don’t penalize them, you help them. Mrs. BACHMANN. I want to thank history classes was that the power to the gentleman from Texas, LOUIE b 1530 tax is the power to destroy. That is so GOHMERT, and I want to thank you for clear. Over and over, no matter what And then we hear in the President’s the great idea that you proffered to country you’re in, the government has budget, his plan, we are going to dis- this body earlier on, which is if we the power to tax, unless it is a socialist allow charitable contributions beyond want that true stimulus, Mr. Presi- country, in which case all money a certain extent. It will be interesting dent, I recall you saying, Mr. GOHMERT, comes into the government, and they to see how it ends up shaking out. But then why don’t we let the American pay everybody, so they just own every- we are going to disallow tax advan- people keep that stimulus dollar di- thing, which kind of seems to be the tages beyond that and allow that in- rectly, pull the United States Govern- way we are going right now, but if you come to be taxed. ment out as the middleman and let’s tax something, you get less of it. If you Guess what? If you are going to start prohibit the government from skim- want more of an activity, then not taxing that money instead of allowing ming off its portion to go into a bu- only don’t tax it, but give it an incen- the charitable deduction for the full reaucratic cliff that no one knows tive to have more of that. amount, you are going to get less char- where the money goes, let’s let the There is no better example than in itable deductions. I have said all along American people keep their money. the 1960s when the people in this body, that this President is a smart man. I That was the LOUIE GOHMERT plan. in the House of Representatives, had a think he is. I wish that he would leave People all across America have said big heart, a tender heart, and wanted the teleprompters alone because the to me, Do you know that LOUIE to help single women who they knew, things that we need and what we need GOHMERT? Have you heard of his plan? And I tell them, You bet I know him. there weren’t that many, but there to fix America will not be found in a I can’t imagine a more stimulative were some who were having to deal teleprompter. I wish he would look us straight in the eye and talk to us. impact. with deadbeat dads, who were not help- As a matter of fact, I was with two In any event, if you are really, really ing raise the children and were not ladies yesterday, women who don’t nec- smart and you are pushing to provide helping with funding. They said, let’s essarily think about politics day and less tax incentive for charitable deduc- help those women. Let’s give them a night, and I told them about the LOUIE tions, charitable contributions, you are check from the Federal Government GOHMERT stimulus plan. They said hey, for every child they can have out of going to get less of them. If you are I would love that. I would love to have wedlock. They meant well. But now, 40 really smart, you know that. You know of that money because, as the gen- years later, we have gotten what we you will get less. So what can you be tleman from Texas knows, in the last paid for. We have gotten a Nation in meaning? What can your thoughts be? 50–52 days under the current Obama ad- which nobody would ever have dreamed Well, the inevitable conclusion is ministration, the average American at this time that so many of our chil- that you intend to have fewer chari- family has just had placed on their dren would be born out of wedlock. table organizations because you intend shoulders an incredible debt load of Some of the greatest contributors to to do all of the charitable giving by the over $18,500 per family. That is just in this country have come from single- government. That is the only conclu- the last 52 days. I don’t know about parent homes. And I just have great sion that can logically be drawn. You you, my family cannot afford these praise for the single parents who try to think you’re better at giving chari- current spending policies. raise kids and have done so effectively. table donations to the right places What we have seen in the last 52 It is a tough, tough job. But studies in- than the American public could be, and days, out of a Democrat-controlled dicate, generally speaking, kids end up that the government will do better House, a Democrat-controlled Senate better off if they come from a two-par- with those donations, we call them and a Democrat-controlled White ent home, as long as there is not abuse, taxes when they are to the govern- House, is spending at historic propor- things like that, we know that. As a ment, than those charitable organiza- tions: $18,500 per American family. former judge, I sure do. tions will be. That’s on top of the debt load that we Well, then if you look at some of the As I have traveled around the world already have. things we have taxed, we still have a as a Member of Congress, I haven’t What has been the response of the marriage penalty. If you’re married in done it but a few times, but what I see, American people? In the month of Jan- America, and you are both working, the best work for individuals suffering uary, the American people were then you’re going to pay a higher tax in other countries doesn’t come from spooked about what is happening in than you would if you were living to- the U.N. It doesn’t come from the this economy. What did the American gether in what used to be called in the United States dollars. When the United people do? Their personal savings rate Bible Belt, ‘‘living together in sin.’’ So States gives, it has to go through an- has elevated to 5 percent. You know what does the government do? The other country or through the U.N., and what that savings rate was before, Mr. Federal Government, this body, be- all these people get their cut of the ac- Speaker, that savings rate was minus 1 cause this is the only body that can do tion. And sometimes we prop up cor- percent. The American people are so it, this body taxes marriage. Well, you rupt governments by trying to help afraid of these historic levels of spend- get less marriage when you tax mar- their people. No, the best work gets ing, they are holding on to every dollar riage. done by charitable organizations that they have, and the personal savings Now, we have heard over the last few go straight in and help the people di- rate has increased to 5 percent. I think decades all kinds of solutions, we are rectly. That’s where the greatest good that it is great that the American peo- going to try to fix the marriage pen- gets done. ple are going down a savings route. It

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.093 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3384 CONGRESSIONAL RECORD — HOUSE March 12, 2009 shows that inherently the American United States of America, freedom. new taxes to finance these boondoggles people are prudent with their own Freedom is the genius of our country. that all of us come up with here in money. And with freedom, we have been able to Washington, D.C. But what has been the Obama plan? amass private wealth creation. I didn’t vote for any of this. I am The Obama plan has been to raise Now I’m not just talking about bil- more proud every day that I voted spending to such historic levels that it lionaires, I am talking about my against every one of these wasteful will force the United States Govern- grandparents who lived through the spending programs. I know that Rep- ment to continue to borrow more Depression. My grandfather made a resentative GOHMERT feels the same money from China, and the Chinese dollar a day working as a meat cutter, way. right now are a little skittish about $7 a week. He had seven children that With that, I would like to hand it buying more American debt. So skit- he had to feed on $7 a week. But they back to Representative GOHMERT, and I tish are they that our Secretary of wanted to create as much private would be happy to talk about that with State, Hillary Rodham Clinton, had to wealth as they could in their family. him. go to China about 2 weeks ago and My grandmother and grandfather never Mr. GOHMERT. Thank you, and practically beg the Chinese to continue became wealthy, but what did they try great points all. I was enjoying the buying American debt. Our Secretary to do individually, they tried to save as points you were making. of State wouldn’t be in that embar- much money as they could so that But what came back to mind was the rassing position if the Obama adminis- someday they could afford to buy a story about Davy Crockett in the tration wouldn’t be so bent on spending home. House of Representatives. Some people this level of money. My little grandmother was eventu- don’t know he was a representative, Well, if we don’t have to spend this ally able to buy a one-bedroom home. and yet there is a great story, a true kind of money, then we don’t have to She was so proud of that home. She story about him going back home to borrow from China. We don’t have to took such good care of that home be- Tennessee and somebody, one gen- have punishing high tax increases, and cause she wanted to make sure that my tleman just lowered the boom on him that is what is amazing to me in the mother and her six brothers would one and was really fussing at him because President’s budget. He was just here in day have an inheritance. And at the Congress had decided to give money to the Chamber about 2 weeks ago with time of her death, she was able to give help some business that had burned. The gentleman was telling Davy Crock- his State of the Union address, and he them $10,000 each. That was her goal, ett, if you want to help somebody or said that he plans to tax the American to transfer to them some of her private some business because it is a noble people under the new cap-and-tax plan. wealth. And that is what I am so wor- cause, give them your money, don’t Under this tax plan, which is hard to ried about, Mr. Speaker. That is what I give them my money. And Crockett believe, I know, in the midst of a reces- am so worried about, that we are going came back here and told about the in- sion, adding to the burden of the Amer- to take away the right of the American cident as part of the CONGRESSIONAL ican people $646 billion in new energy people to amass private wealth no mat- RECORD, telling his colleagues: How taxes. Well, we all remember how much ter how much because they want to be fun it was last July to pay over $4 a about for once we don’t just force the able to use it to be able to pass on to taxpayers to give up their money and gallon for gas, that is the road we are their own kids. give it to where we think it ought to heading down again. In fact, some esti- They cannot do that, Mr. Speaker, go. If we think that this business de- mates say that the average American when this body continues to spend serves some charitable help, then let’s family will see an increase in their money on the most worthless projects give it out of our own pockets. yearly energy bill of over $1,400 a year imaginable. We could spend the next in their utility bill because of this en- hour in this Chamber going after b 1545 ergy tax. Why do we have to have this worthless project after worthless They took up a collection. Can you tax? Because spending is out of control. project. We just saw in this body this imagine if the debate here on the floor As a matter of fact, it won’t just stop week, President Obama signed it yes- were along those lines these days, that with the utility bill, it is also the gas terday, almost 9,000 earmarks; 9,000 the children need our help, so I’m pass- bill when you go to your local gas sta- earmarks. And that is after President ing the hat and would like for every- tion and fill up. The energy tax will Obama campaigned and said I will be a body to kick in their own money here impact the price of food. It will impact new President. I don’t want to see ear- on the floor so that we can help these the price of goods at Wal-Mart. If you marks; I don’t want any more ear- children? No, that’s not what we hear. go to a local clothing outlet like Tar- marks. And what did he do in the first Mrs. BACHMANN. If the gentleman get, it will increase the cost of things 52 days, putting a burden on the Amer- would yield. I’m familiar with that there. Everything we touch will be im- ican people of over $18,500, including story as well. Davy Crockett did come pacted by the energy tax. We wouldn’t wasteful projects, 9,000 of them, and back to this Chamber, he did go to his need to do this if we didn’t have these having the audacity to say to the fellow representatives and ask for historic levels of spending. American people, This is the end of the money. And the disgraceful thing is One thing that was alluded to by our old way of doing business. From here that Members did not want to give colleagues, Mr. BURTON and Mr. on out, it is the new. money personally out of their own GOHMERT, is the fact that what we will It is not the new, Mr. Speaker, not pocket to be able to help—it was a see happen, other than punishing tax when you are looking at continual widow, I believe, they didn’t want to increases and going to other countries rampant spending to have continual give that money to the widow. to borrow money, we will have to re- rampant taxing. That is what is around I have only been in this body for 3 sort to inflation. What’s that? Inflation the corner. years, but if there is anything that I occurs because the Federal Reserve is This horrible energy tax is going to have learned it is how easy it is to printing money 24 hours a day, 7 days forever change our American way of spend other people’s money. It is so a week and putting that money into life, and now is our opportunity to stop easy to be generous. But one thing that the money supply. If we have $100 in it. this body needs to remember, one thing the money supply and the Federal Re- I know, Mr. Speaker, that Represent- that President Obama needs to remem- serve puts another $100 into the money ative GOHMERT and I were talking ber, we are not a philanthropic society, supply, what does that do to the $100 about that earlier today. The oppor- we are not the family, and we certainly we have now? It means that our $100 is tunity that we have between now and are not the church. And when govern- actually worth half of what it was be- May when the Obama administration ment tries to be the church, when gov- fore. wants to make sure that the American ernment tries to be the family, and The cruelest tax of all is the tax of people are saddled with this horrible when government tries to be a philan- inflation, especially for senior citizens new tax, and how do we know that? He thropic society, we distort everything and especially for people who have has already built it into his budget. He and usually mess it up. spent their entire life trying to create has already assumed that you are If you look today, the news just came wealth, and that is the genius of the going to be paying $4,000 per family in out that Freddie and Fannie, which

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.094 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3385 were the engines behind this failure on Because this energy tax will hit every jobs will be back in America. The fur- the housing mortgage meltdown, aspect of American Society, it will for- niture jobs, even though labor is cheap- Freddie and Fannie need another $30 ever lower America’s cost of living and er elsewhere, it would open them up. billion of infusion of money because, our way of life. We need look no fur- And some would say, well, that’s sub- guess what? They’re now nationalized; ther than Europe. Europe has already sidizing. But the nice thing is it would they’re owned by the American tax- instituted this energy tax. It is con- not trigger any penalty or any tariff payer. They can’t stop spending tinuing to lower the standard of living war, no trade agreements, penalty pro- money. They’re addicted. As a matter in Europe, and it is creating job losses visions would be triggered by doing of fact, our government charged all across the United States. Why away with corporate tax so that the Freddie and Fannie with making more would we be cruel to widows? Why people in America wouldn’t be taxed loans to people who can’t even afford would we be cruel to orphans? further. to put down payments on houses. The This will not work. It has been a dis- But how much more insidious could government hasn’t learned its lesson, aster. And now is the time for the it be than what President Clinton did and it seems unwilling to learn its les- American people to raise up, contact as soon as he took office with a Demo- son. I don’t know why in the world we their Member of Congress, and say, cratic majority when he raised this would want to take more money out of please shield me from this Obama en- massive tax on Social Security bene- the hands of people who get how to ergy tax, I can’t afford it. Why would fits? These people have worked their save it and how to spend it and bring it we do this when we see crushing debt whole life, paying taxes on what they made, putting a little bit into Social here to Washington to people who have loads? Security, and actually they’re only proved for all time that they have no Earlier this week, Mr. Speaker—I getting back about one-fourth to one- clue how to spend it. was sharing this with Mr. GOHMERT—I I yield back. met with people from the furniture in- third of what they would have been if Mr. GOHMERT. Thank you. Actu- dustry. And I don’t know if the Amer- they could have put it into their own ally, I guess it was right at the end of ican people know yet, the furniture in- private retirement account. But any- 1 year, my freshman year here, there dustry, if you look at their stock way, here it is, they’re getting so little were so many of our friends across the value, the stock value of the American as it is, and now you’re going to put a aisle quoting Scripture. And it was furniture industry has dropped 90 per- tax on top of that? To me, that was being used in a way to say things like, cent. So if you have people who spent pretty insidious. And it continues. well, Jesus said take care of the wid- their life working in the furniture in- There’s talk about even possibly in- ows and orphans. And some of you dustry and that’s what their retire- creasing the Social Security tax. I think it’s outrageous. guys, you want to just neglect the wid- ment was made of, they have lost 90 We have been joined by my good ows and orphans and help your rich percent of the value of their wealth as- friend from Iowa. It is always a pleas- friends. And others would say, Jesus sets. Why would you impose a cruel en- ure, Mr. Speaker, to see him here on said that we should be good Samari- ergy tax where we are going to require the floor. I yield to my friend, Mr. tans and help those less fortunate. more jobs to flee from this country? KING. Somebody else said Jesus had said to I yield back to the gentleman. Mr. KING of Iowa. I appreciate the Mr. GOHMERT. That is such a great them that we’re to love our neighbors judgment of the good judge from east point. And it goes right along with the as ourselves, ‘‘the golden rule.’’ When a Texas. I was listening to this dialogue, corporate tax. We have people come in lawyer asked him what is the most im- and I thought I would come over here portant commandment, he said, love here and say the corporate tax is the and engage in it. And I appreciate you your neighbor—those were the two, way to go because these mean, cruel, recognizing me and yielding. love God and love your neighbor. greedy corporations, let them pay the The point that the gentleman from But anyway, we were getting beat up tax. Well, if a corporation does not pass Texas makes that—I’ll say it suc- over that, that we ought to be taxing that tax on to its customers or its cli- cinctly—corporations don’t pay taxes, people, taking from other people and ents, then it goes out of business. So corporations collect taxes that are im- giving to these folks that were in need. that is so deceptive. And I think it is posed upon their bookkeeping system And I had to point out that night that so wrong to say, we all know in here and aggregate the money from people Jesus never said go ye therefore, use we’re going to stick it to the little guy, and customers and flow that money to and abuse your taxing authority to the guy that is just working and doing the Federal Government into the take somebody else’s money to help all they can to stay up, or the seniors Treasury. That’s how the corporations them. He said, you do it. You do it. He who are on Social Security, we’re going function, they are tax collectors for was talking to the individual. He was to stick it to them, but we can’t just the government. But it is always the talking to the individual heart. And stick the tax to them any more than people that have to pay the taxes, it is the individuals who were supposed to we already have, let’s tax the corpora- always the customers that have to pay do it, not go and abuse taxing author- tion, and then they will have to pass it the taxes. And by the way, neither do ity, take somebody else’s money, and on. But it won’t say ‘‘tax’’ when it’s LLCs pay taxes, neither do sole propri- yet that is what has happened. And a passed on because it’s from us to them, etorships, or partnerships, or any other great example was Zacchaeus. Because and it’s our way of sticking it to the business configuration that has cus- if you look at what Zacchaeus did after little guy without them knowing. tomers out there pay taxes. They have he met Jesus, he went and cut taxes. But at some point the American pub- to transfer those to their customers. Not only did he cut taxes, he gave re- lic is going to wise up. And I’ve looked They have to add it in and calculate it bates to those he over-collected from. into this as well because there are in. And that is what would be called a tax some that say we need to erect tariff I made payroll out for 28 years. I holiday. barriers and say, if you’re going to sell transferred a lot of those costs onto my Mrs. BACHMANN. And if the gen- stuff in this country, your country may customers. I had to. And if you didn’t tleman would yield. We could go to the be subsidizing this kind of thing, but do that, in the first place you couldn’t Old Testament as well and look no fur- we’re going to put a tariff. Well, that cash flow a business; you would never ther than the Ten Commandments. The triggers so many penalties. It would get it started in the first place. You Ten Commandments say, ‘‘Thou shalt trigger a tariff war around the world if would never get it to expand. You’ve not steal.’’ And whether it comes from we did that. Whereas, what I have got to have capital. By the way, Adam government or whether it comes from looked into is, what if we said we are Smith made this real clear. This is an individual, we are not to steal from not going to allow Congress to stick it something I like to tell the people that our neighbor. to the little guy by popping the tax on will not respond to this charge. There That’s what has me so concerned the corporations that they have to pass are two components to the cost of ev- about this new energy tax from the on. Let’s just say no corporate tax. erything we buy, it is the cost of cap- Obama administration because it lit- Corporations that have fled this ital and the cost of labor. And the cap- erally will be widows and orphans that country because of the high corporate ital cost is included in everything that will be in the worst possible position. tax rate have said, our manufacturing we purchase.

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.096 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3386 CONGRESSIONAL RECORD — HOUSE March 12, 2009 And so if we are going to have policy production all across the United United States of America, I think, than in this legislature that raises the cost States—wind, solar, biofuels, oil, gas— any other country. It’s just been fabu- of capital—which takes place easily all of them, let’s open all of them up— lous. And yet we continue week after when you see the tax increase—if you in fact, I say hamsters running on week, month after month with the increase taxes on businesses that are cages. No matter what it is, let’s make Democratic majority to continue to doing business, that are investing, that sure that we legalize the source of en- put more of our natural resources off- are holding mortgage-backed securi- ergy. And that is zero cost to the tax- limits. ties, there is a capital cost to that. If payer. It relieves the American peo- One of the things some of us have you raise the cost of capital, then you ple’s burden on dependable gasoline at been advocating, and I have got my are putting more burden on the econ- affordable prices. Let’s do that. staff working on a bill we talked about omy. I know I was absolutely astounded, yesterday that would be in conjunction And the other component is labor. Senator Obama, during the campaign— with our friend Mr. SHADEGG, with Sen- Adam Smith wrote it this way: ‘‘The and I will yield back after this quote. ator VITTER, but we all agree: We want price of gold plummeted in Europe as This is a quote from our now President. all-of-the-above energy. Use it all. But the Spanish galleons began arriving on He said, during the course of the cam- make sure we protect the environment. the continent from the new world.’’ paign, ‘‘What I’ve said is that we would And that can be done. But open up the Adam Smith didn’t say that because put a cap and trade system in place OCS to drilling. Put litigation on a fast they stole the gold from the Incas and that is as aggressive, if not more ag- track so they can’t tie it up for 10 or 20 the Aztecs. He described it as they low- gressive, than anybody else’s out there. years and just keep repeatedly bringing ered the cost of labor for getting that So if somebody wants to build a coal- them to court. But let’s go use it if it’s gold out of the ground and getting it powered plant, they can. It’s just that legal, if it’s proper, and it will be if it’s into the marketplace. And that’s how it will bankrupt them because they are done right. this economy works. But corporations going to be charged a huge sum for all And then something that had been have been demonized by the people on that greenhouse gas that’s being emit- negotiated before that could be done is the left side of the aisle because they ted.’’ He is admitting that his plan will that the Federal royalty that could be obtained by leasing the OCS would be don’t understand that simple equation; bankrupt coal companies. the cost of capital and the cost of labor ‘‘When I was asked earlier about the more than traditionally a property owner gets from leasing their land to is the sum total of all of the things issue of coal, you know, under my plan produce oil and gas. Traditionally that we buy, and that the businesses in of a cap and trade system, electricity that’s been one-eighth. One-eighth of the country have been enlisted, by law, rates would necessarily skyrocket.’’ the royalty is what the owner normally to collect those taxes from people, im- That’s the future that the American got. We could get at least three-six- pose them on people. And what do we people have to look forward to, and I teenths. We could split it with the do? We impose the acrimony on top of think that’s audacious. States. We’ve got States coming up the businesses that are the tax collec- I yield back. here like California saying, please, give tors for the government. I’m with Mr. GOHMERT. I would yield to my us some money. I’m so proud they LOUIE GOHMERT; let’s take the tax off friend from Iowa. worked on their budget. They still need of all these corporations. Let’s take all Mr. KING of Iowa. I thank the gen- money. the tax off of productivity, actually. tleman. You’ve got all kinds of money sitting Mrs. BACHMANN. If the gentleman When you describe this, this cap and in the vault, sitting in the bank, right would yield. trade tax that is on everything, I would off your coast. Use what you’ve got. If Mr. KING of Iowa. I would. I think I ask, Mr. Speaker, that we illuminate it’s solely in the State’s territory, it’s like where you’re going. this for the American people. Think if Mrs. BACHMANN. I would like to add yours. If it’s out beyond that and in America were a continent unto itself, Federal territory, we will split the to the stunning STEVE KING from Iowa what if we were a planet unto our- money with you. And then my feeling for his comment. He is absolutely right selves; would we manage ourselves this is, and this is what I’ve talked to the that the cost of a good is labor and cap- way? And I would say no. Because we staff about in a bill, we’ll take half of ital. But the third component is the are wasting all kinds of resources; we the Federal part of that because we added cost of government. That’s the are wasting labor, we are wasting cap- should share it with the States, but third component that goes into an ital—we’re not even using sound then with our half, take half of that item. And that cost is getting exceed- science—if we were a planet unto our- and devote it completely to research ingly high. And I know that my col- selves. But we have to compete with for alternative fuels. You don’t have to league from Texas, LOUIE GOHMERT, the rest of the planet. So this cap and tax anybody else. You don’t have to knows this very well because, if you trade proposal ties our hands, ties our add more costs to the already hard- look at the energy industry, at oil and legs. And we are like Gulliver tied up working people that are paying to sus- gas production, the amount of money by the Lilliputians with the cap and tain this unwieldy government. But that companies make in profits is ex- trade legislation that looks like it’s you could fund our own alternative re- ceeded dramatically by the amount of coming down the pike which will im- search so that as things run out, we’ve money that the corporations pay in mobilize America’s economy while In- got it. taxes to the government. dia’s and China’s are growing. And not And it’s really beginning to appear People think that oil and gas compa- only are they growing, but they’re very disingenuous, this stuff about the nies have obscene profits, but they pay emitting CO2 gas and greenhouse gases global warming, and that’s why we are even more obscene levels of taxation. at an accelerating rate. no longer hearing ‘‘global warming.’’ Literally, they have spent trillions of b 1600 They’re not using that term. They are dollars that they’ve paid over to gov- using ‘‘climate change.’’ Climate ernment in taxes, while they’ve kept So our little piece of this pie that we change happens four times a year. It’s billions of dollars in profit. But out of could possibly effect is so minimal a the seasons. that profit pool, that is where the oil century from now that it really can’t Mrs. BACHMANN. If the gentleman and gas companies have had to take be measured by science. Sound science would yield, in Minnesota that’s true. that money to invest back into the doesn’t support this. Sound economics Mr. GOHMERT. I yield to the gentle- business so Americans can enjoy more doesn’t support this. And there are woman from Minnesota. energy. many better solutions, even if there Mrs. BACHMANN. Thank you. I I am so pleased about the positive so- was a prediction that could be made ac- think we see two separate agendas at lution that’s been offered by one of our curately. work here. The American people want colleagues, JOHN SHADEGG, and also Mr. Mr. GOHMERT. I thank Mr. KING and low-cost energy that’s dependable. We BISHOP, and also Senator VITTER, and I thank Mrs. BACHMANN. need that. Not only just individuals it is the No Cost to the Taxpayer Stim- That’s such a great point about en- but also businesses, we need low-cost, ulus Bill that says, very simply, let’s ergy. We have been blessed in totality dependable energy. But the Obama ad- open up and legalize all forms of energy with more natural resources in the ministration has taken a very different

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.097 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3387 view on energy. Then Candidate Obama going to impose this Draconian regime soup we’re in. And today we are in said he wants high-cost energy. Why? on everybody in America and we’re some kind of soup. So if we return to Because he wants to force the Amer- going to confiscate your income, the our Constitution, we’re in good shape. ican people to have to pay the carbon point that’s been made by this admin- The SPEAKER pro tempore. The tax that’s about to come down the istration and this majority, not in so time of the gentleman from Texas has pike. We wouldn’t need this terrible quite many words is this: You’re not expired. carbon tax that will completely dam- really entitled to the money you earn, f age our economy, especially in this in their view, but the people that claim THE PROGRESSIVE CAUCUS: D.C. time of recession, if the Obama admin- they have a need are entitled to the VOTING RIGHTS istration wasn’t addicted to spending. money that you earn. Because they are so addicted to these That’s the philosophical divide that’s The SPEAKER pro tempore. Under high levels of spending, President been turned. When you go to the left, the Speaker’s announced policy of Jan- Obama, in his State of the Union ad- you give up freedom and it’s dimin- uary 6, 2009, the gentleman from Min- dress, said what he wants to do with ished. When you move policy to the nesota (Mr. ELLISON) is recognized for that money. He wants socialized medi- right, you expand freed and it’s en- 60 minutes as the designee of the ma- cine. Is that what the American people hanced. jority leader. Mr. ELLISON. Mr. Speaker, as we want? The American people aren’t cry- We need to be about expanding every- come in week and week out, the pro- ing out for socialized medicine, but one’s freedom in this country. That’s gressive message is up again, as we that’s what President Obama wants to the foundation of America, and that’s come back every Thursday in order to give to the American people. where our vitality comes from. That’s make the progressive position clear on Not only that, but in his State of the why we are the unchallenged greatest the critical issues. Union address, he said his vision for Nation in the world, because our vital- I’m going to be joined tonight by a America is that government’s hand ity comes from our freedoms. Acts that number of colleagues who are making would be in the hospital room of a diminish it diminish our vitality and their way to the House floor, but to- brand new baby with a brand new handicap us. night our topic is going to be the very mother. He wants, from cradle to ca- I thank the gentleman from Texas critical issue of District of Columbia’s reer, the Federal Government’s hand for his indulgence. voting rights, the District of Colum- Mr. GOHMERT. I appreciate my on the life of that child. I don’t know bia’s voting rights, which is a vital and friend from Iowa’s (Mr. KING) help. about you, but the people in the Sixth essential issue which has been dogging I would be willing to yield for any Congressional District of Minnesota, our country for many years. We cer- final comments to my friend from Min- moms and dads want to have one of the tainly hope that this issue of D.C. vot- nesota. parents at home with that baby to be ing rights is an issue that the country Mrs. BACHMANN. I thank the gen- able to love that child, rear that child. focuses its attention on. D.C. voting tleman from Texas. I appreciate that. They don’t want to send that little rights is a question of giving rights and I would just like to expand on what baby off to a government daycare cen- conferring rights upon Americans who Mr. KING said. When you look at this ter from the day that baby is born. pay their taxes, Americans who send body of the House of Representatives That is President Obama’s vision for their children to war, Americans who and when you look at the United child rearing, that the Federal Govern- are equal in every way to Americans States Senate and when you look at ment would be involved in the cradle who live in the various States. And be- the White House, one thing that we all stages of a child’s life. Massive spend- cause of this important role that they do when we come in is we take an oath ing demands a way of taxation. play in our country, this equal role, This cap and trade isn’t going to and we pledge our allegiance, not to we’re looking forward to seeing legisla- solve our energy problem. It will add to the American people, not to an issue; tion come out that will allow members our energy problem because, again, it’s we pledge our allegiance to the Con- of the District of Columbia to be able going to take out of the pockets of the stitution of the United States. to have a representative who can cast a middle class of this country to put into Every time this House acts in con- vote in our Congress. We are looking the pocket of the Federal Government. travention of the Constitution, we forward to this in the near future. Mr. KING of Iowa. Will the gen- cause a distortion of freedom and we But before we get to that topic, I tleman yield? cause a diminution in the freedom of want to yield to the gentleman from Mr. GOHMERT. I yield to my friend the people. We cause a diminution in Virginia, who is going to take a mo- from Iowa. the prosperity of this great land. ment to make a critical statement. Mr. KING of Iowa. I thank the gen- That’s the problem. Our founding prin- YEAR OF THE MILITARY FAMILY tleman for yielding. ciples are all contained in the Declara- Mr. NYE. I want to thank my col- I would add to this. Again, take it tion of Independence. Abraham Lincoln league very much for yielding to me. back to a big picture, and that is this republished and reaffirmed this Nation I am rising today to express my is about freedom. It’s about preserving to a new foundation grounded in the strong support for a resolution this the freedom we have, defending the Declaration of Independence. House passed yesterday by unanimous freedom we have, and, in fact, we And, of course, we know what that vote, Mr. Speaker, the resolution urg- should be expanding the freedom that beauty is. The beauty is that our rights ing the President to designate 2009 as we have. were given to us from a Creator. Those the ‘‘Year of the Military Family.’’ Our freedom has diminished genera- rights are not from government, the And while no words or gestures can tion by generation since the founders rights of man. The rights come from a fully match the service or sacrifice of established this country. When you Creator God. And that Creator gave our soldiers and sailors, our airmen move to the left, it always includes an those rights to every human being on and Marines, we must also remember increase in taxes and an increase in the planet. Among those rights are life, those Americans that do not wear a government interference in every as- liberty, the pursuit of happiness. Those uniform: our military families. pect of our lives, from raising our fami- are rights that only God can give. Gov- In my home district of Hampton lies to micro-managing energy to ernment can’t give them; government Roads, we know all too well that the sticking their fingers into education, can’t take them away. And our govern- challenges faced by our military fami- every aspect of our lives. So when you ment was instituted for only one rea- lies are not just financial. They are expand the role of government, you ex- son, and it was to secure those emotional and physical too. Men and pand also the taxation and you dimin- unalienable rights. women in my district wake up every ish the freedom. None of us in this Chamber with an day not knowing if their loved ones are And whether you do it insidiously by election certificate has any right to safe, not knowing when they will re- saying I’m going to take your child violate those rights because we are turn, or what scars they might bear now at age 3 or 2 or 1 as opposed to 5 here only by the consent of the gov- when they do. or 6, as it used to be, or whether you do erned. And when we act in contraven- Dealing with that and explaining it it in a blatant way by saying we’re tion of that, that’s how we get into the to your children with a smile on your

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.099 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3388 CONGRESSIONAL RECORD — HOUSE March 12, 2009 face is not easy, and it must never be Mr. ELLISON. Let me ask, we know been joined by a gentleman from the overlooked. These hardships are not that there is no voting representation great State of Maryland, who has been limited to our active duty military for final passage issues for the people a very able and strong representative families. The families of Guard and Re- of the District of Columbia. Are they of many, many issues. serve members also confront regular exempt from military service, are they I am just curious to know if the gen- absences for training, and in the years exempt from taxes? tleman from Maryland, ELIJAH since 2001, more and more families have Mr. CLEAVER. No, in fact, this is CUMMINGS, former chair of the Congres- seen their loved ones deployed overseas something that most people probably sional Black Caucus, leading member to Iraq and Afghanistan. don’t know and I hope will become on the Committee for Oversight, has a Mr. Speaker, I look forward to work- angry over this fact. The District of view on this issue of a voting rep- ing closely with Chairman SKELTON, Columbia, the residents, pay the sec- resentative for the District of Colum- who introduced the resolution, and ond highest taxes of any city in the bia? with all the members of this House to United States, and yet they have no Mr. CUMMINGS. I want to thank the support our military families. right, given to them by the United gentleman and I want to thank you and I again thank my colleague for yield- States Congress, to vote. the Progressive Caucus, of which I am ing. Mr. ELLISON. They have to pay, but a member, for taking up this cause. Mr. ELLISON. Let me thank the gen- when it comes to making decisions in I also want to thank Congresswoman tleman for his quick message. Though Congress, they don’t get to play; is ELEANOR HOLMES NORTON. I don’t care not directly related to what we’re talk- that right? where she goes, she has made it clear ing tonight, we are happy to yield to a Mr. CLEAVER. Yes, sir. The people that the people of the District of Co- colleague at any time, particularly in of the District of Columbia work hard lumbia deserve a vote. As a matter of light of his very good message. every day. They pay their taxes, they fact, if it were up to me, they would But, again, Keith Ellison here com- do the right thing. But when time have two senators and representatives. ing today with a progressive message. comes to vote, the Government of the You know, I have often said that we The Congressional Progressive Caucus United States says, ‘‘Shut up, you have one life to live. This is no dress comes every week to make the point don’t have a right to vote. We just rehearsal and this is that life. that there is a progressive vision for want your tax dollars. We want your But we have people here in the Dis- America, that we have a vision that is sons and daughters to go into the sands trict, as my good friend from Missouri inclusive, that brings Americans of all of Iraq and Afghanistan, but we don’t just said, who do it right. They get up colors, all cultures, all faiths together, want you to vote.’’ every morning, you can see them at and this progressive message is going Now I was elected to Congress be- the bus stops. They go to work, they to be heard and will be heard every cause the people of the Fifth Congres- raise their children, they do the same week, week in and week out. This is sional District of Missouri, Kansas things that people do in your district the Progressive Caucus, and we are City, Independence and the sur- and in mine. They pay their taxes and here with a progressive message. rounding areas, needed a representa- they are part of the society, building a And what I want to do without any tive in Congress. I am that representa- society and making it the best that it further delay is to ask my good friend tive, but the people of the District of can be. from the great State of Missouri to Columbia, in over 200 years, have never But then when it comes time for weigh in on this critical issue of D.C. been able to say, ‘‘This is my rep- them to have a vote in this body, then voting rights. resentative.’’ suddenly we say ‘‘no.’’ It just seems to Mr. CLEAVER, Congressman from the So, Mr. Speaker, I would just like to me that that just smacks democracy in great State of Missouri, how do you un- say that if the people of the United the face. derstand this critical issue of D.C. vot- States would like to get something to When we think about our representa- ing rights? be angry about, I mean there are a lot tive government, we think about going b 1615 of things, fluff issues that people get to a town hall meeting, for example, as Mr. CLEAVER. Thank you, Congress- connected with that really are not sig- I did just 2 weeks ago, listening to my man ELLISON. nificant, but if you want something constituents, and then was able to One of the most significant measures that is significant then try getting in- come to this floor and vote their wish- to find its way into the United States volved in and becoming supportive of es. That’s what representative govern- Congress is legislation put forth by our the effort to make the District of Co- ment is all about. That’s the essence of colleague, ELEANOR HOLMES NORTON, lumbia, the citizens thereof, an oppor- a democracy. who is the delegate for the District of tunity to be full Americans, full Amer- The other piece of that democracy Columbia. icans. that is so significant is that This legislation would allow the citi- They are not asking for anything individuals’s right to vote, and the zens of the United States of America, special, they want what all other ability to take that vote and transform who live in the District of Columbia, to Americans have, the right to vote, the it into power. They all cannot come finally, to finally, after more than 200 right to have their own municipal gov- here and be a part of this process so, years, have the opportunity to cast ernment that does not have to cow therefore, it becomes very significant their vote to place a representative in down to the Federal Government. that they have representation. the United States Congress. This is a As I close, I would just like to say As a matter of fact, when you think city of almost 600,000 people, and many that this is a Nation of people who love about it, it’s very unfair to the people people around the Nation may be sur- justice. I mean, of all the nations on of the District of Columbia when every- prised to learn that the District of Co- the planet, the United States is a Na- body else has a vote. But then suddenly lumbia is the only city in the United tion that says it is a just nation, and when it comes to them, they have no States that must submit its municipal yet we will not act in any way to sup- votes, and they can express their will, budget to the United States Congress. port the people of the District. And fur- they can express their frustration, but That, in and of itself, is an injustice. ther, all the opinion polls in the United at the same time, when it comes to That means that this city, unlike any States will reveal that the public, the their representative coming to this other city, is subservient to the Con- people of the United States are just floor, no vote. gress of the United States and they and they believe that an injustice is Mr. ELLISON. The gentleman from have no voice whatsoever. taking place here. Maryland just offered views on this im- The sad thing goes further. Forty Mr. ELLISON. The gentleman from portant topic, and that is this, you percent of the District of Columbia Missouri made a very eloquent and have made a very clear case that a rep- own their own homes, and coming from clear statement. resentative vote for D.C. is fair, it’s those homes are young men and women We are here with the Progressive moral, it’s right, and it’s the proper who have died in the world wars, who Caucus message tonight. We are talk- thing to do. But how will it benefit have died in Vietnam and who are still ing about voting representation for the people across America for D.C. to have dying in Iraq and Afghanistan. District of Columbia, and we have just a vote?

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.101 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3389 Mr. CUMMINGS. If you really think then not give them an opportunity to District of Columbia having a rep- about democracy, I think it goes hand have a vote in this body. This there is resentative. And I look forward to see- in hand with diversity. We know that I absolutely unequivocally something ing ELEANOR HOLMES NORTON’s vote up would hate to even think of having this wrong with that picture. there on that board count equally with Congress and not having the views of Mr. ELLISON. Well, you know, Con- everybody else. my friends from California or the views gressman CUMMINGS, you represent a But this is the position of the Pro- from the folks in Utah or the views district very close to the District of gressive Caucus, that we believe firmly from the folks in South Carolina. Columbia and, therefore, you know in the idea of equal representation. Although I am from Maryland, I need people who live in the District and you b 1630 to understand, I need to have their know people who work in the District views, and I have to have their input. and I am sure many of them are your Yes, it is true that the Washington Because I have often said that if we are friends, your colleagues, your constitu- Post has done research on this issue going to make laws for a diverse soci- ents, you have come to know on a per- and it is the will of the American peo- ety, that we must, indeed, be diverse, sonal basis over time. What is their ple for the District of Columbia to have and we must be representative of that opinion? a vote. entire society. I mean, did the public want this or is With that, I’d like to invite the gen- Because I think that when you are this just something that D.C. wants? tlelady from the great State of Cali- not totally representative, it really—I What do the public opinion polls say? I fornia to weigh in on this topic of the don’t care how you look at it—taints mean, it looks like the Washington District of Columbia having a vote, the process. Post might have done some research on standing equal with the rest of the Mr. ELLISON. What you are describ- this issue. country, being able to express an opin- ing to me is kind of like pushing a cart What, in your view is the public opin- ion. in a grocery store when one of the ion of giving Washington D.C. a rep- I yield to the gentlelady from Cali- wheels isn’t really running right. resentative vote in the Congress? fornia. Mr. CUMMINGS. That’s right. Mr. CUMMINGS. I can tell you my Ms. LEE of California. I want to Mr. ELLISON. The other three might district in Baltimore, which is only an thank the gentleman for yielding, but be, but one of the wheels isn’t being hour drive away from here, folks feel also for your leadership and sounding represented and holding up, and the that the residents of the District of Co- the clarion call once again on behalf of cart just doesn’t run smoothly. It al- lumbia are being cheated, period. They what is right and what is just. And I most sounds like you are saying that are being cheated and not treated fair- can’t think of any issue that we need America is a better country, and the ly, and they are overwhelmingly for to address here 24–7 than this issue we values of the people are more accu- the District of Columbia having their are talking about today, and that is rately reflected when everyone has a vote. voting rights for a representative from vote here. And so I just wanted to come on the the District of Columbia. Is that your opinion? floor for a moment to be supportive. Mr. ELLISON. Would the gentlelady Mr. CUMMINGS. That’s my view, and And I think that, again, we cannot give yield for just a moment? I think about the little kids that every up this fight. Ms. LEE California. I would be happy day do what we did when we were little I get a lot of my energy, to be frank to. kids. They stand up to a flag and they with you, from Congresswoman Mr. ELLISON. The gentlelady is all say, HOLMES NORTON, because she has never, the way from California. It takes you ‘‘I pledge allegiance to the Flag of ever, given up the fight. I also applaud 41⁄2 hours to fly here. Why do you care the United States of America, and to our Progressive Caucus. By the way, about whether D.C. has a vote or not? the Republic for which it stands, one this should not just be about the Pro- I yield to the gentlelady. nation under God.’’ gressive Caucus, this should be about Ms. LEE of California. I care like the I guess they have to ask the question, all of us wanting to make sure that we entire country cares, based upon the when they found out that they don’t have a democracy that is truly a de- public opinion polling. This is just have a vote and everybody else has one mocracy. basic fairness, it’s basic justice. And well, is this really, am I really a full Mr. ELLISON. I certainly thank the let me just say, first of all, I raise my citizen? If they find out their mother gentleman and do thank him for com- kids here in Washington, D.C. They and father can go out there to the town ing down here, Congressman CUMMINGS, went to Washington, D.C. public hall meeting, can go and vote in the sharing his views about what he knows schools. election, what have you, but yet, and personally about the people of the Dis- My children and myself have been still, when they ask Mom and Dad, trict of Columbia and the surrounding residents. Even though I live and rep- ‘‘How did our representative vote, area, sharing his views about how chil- resent California, we are here 3 or 4 Mommy and Daddy,’’ their mother or dren ask their parents about who is days out of the week. I always say that dad says, ‘‘I am sorry, son, we don’t sticking up for me, who is speaking up Congresswoman ELEANOR HOLMES NOR- have a vote.’’ There is absolutely some- for me. And, unfortunately, in the Dis- TON is my representative 3 or 4 days of thing wrong with that picture. trict of Columbia, parents have to say the week here in the District. We know And so all of this is important, and I well, we have a delegate who is really, the District, we know the residents. think it goes to the integrity of the really good, but she doesn’t get to vote Whether we do or not, it’s important process, the Democratic process, the on some stuff. that we make sure that there is equal one, this process that we participate in So I have just been joined by other representation; the civil rights issue all the time. members of the Progressive Caucus, for a vote. One person, one vote. I mean But let me just say one other thing. one of whom is Congresswoman BAR- it’s unbelievable that here in 2009 the One of the interesting things that Ms. BARA LEE, who is a Member from the District of Columbia does not have vot- NORTON will tell you is that when any- great State of California and is also the ing rights on this floor. thing comes up controversial like nee- Chair of the Congressional Black Cau- Let me say that we just went to dle exchange or anything of that na- cus; and we also happen to be graced Montgomery, Selma, and Birmingham ture, we have over and over again, with the presence of that very special this past weekend with a great hero, folks from all over the country come delegate that we have all just been Congressman JOHN LEWIS. We walked and try to tell the District of Colum- talking about, Congresswoman ELEA- across the Edmund Pettis Bridge. We bia, by the way, what to do. NOR HOLMES NORTON. honored those whose lives were given Now, they will not dare having us I think it’s important to say that for the right to vote. Bloody Sunday, 44 come to their districts, and they Congresswoman ELEANOR HOLMES NOR- years ago. wouldn’t even think of it and tell them TON is not on her own here, she is not There’s no way that I’d be standing what to do. But yet still they will come fighting the fight by herself. I am all here as a Member of Congress if it and tell this District of Columbia what the way from Minnesota, and I feel pas- weren’t for the civil rights movement to do, and then, to add insult to injury, sionately about the importance of the and those martyrs who we honored this

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.102 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3390 CONGRESSIONAL RECORD — HOUSE March 12, 2009 past weekend. In participating in this And so we have got to move on. We an unusual majority across all lines; pilgrimage, I couldn’t think about any- have to pass this. We have to pass the most Democrats and Republicans. And thing but about voting rights for the bill as it is written. think about it. What red-blooded District of Columbia. This is the unfin- Thank you again. American would oppose the right to be ished business of this great civil rights Mr. ELLISON. Thank you for yield- represented in the national legislature? movement. ing back, gentlelady from California. How many of us would want to be at There is no way in the world that the Let me now recognize the person who the mercy of a group of people, how- residents of the District of Columbia we have all been building up to for a ever benevolent, where none of them should continue to be discriminated moment. Again, Congresswoman ELEA- was accountable to us, even by a single against and penalized. The District NOR HOLMES NORTON is not by herself vote. That’s been where the residents residents pay taxes. Come on, they pay on this. We are standing shoulder to of the District of Columbia have been taxes. Our young men and women here shoulder with her. But there is also no for 212 years now because the expecta- go to war. They participate in all as- doubt that she has been quarter- tion of the Framers that Congress pects of our country’s society and all backing this issue, she’s been spear- would in fact make sure that the vote aspects of our work here, and they are heading this issue. No matter what continued after the 10-year transition citizens of this great country. So why kind of metaphor you want to use, period has not occurred. Congress would you deny United States citizens she’s been in the leadership of this dropped the ball. the right to have voting representation issue and has offered tireless, unrelent- Those who gave the land from Mary- on this floor? To me, again, it’s a ing leadership. land and Virginia actually got in the moral issue. It’s an issue of fairness At this time I want to yield to the first Congress legislation that assured and justice. gentlelady to sort of lay out the issues them that the residents of Maryland I have got to say that I am very for us on this critical issue of D.C. hav- and Virginia, who now, after 10 years, proud as Chair of the Congressional ing a representative vote in Congress. I would be part of the Nation’s Capitol, Black Caucus that we didn’t blink yield to the gentlelady. would be left with exactly what they when we said this was a top issue for us Ms. NORTON. I thank the gentleman had when they left Virginia and Mary- as the Congressional Black Caucus, to not only for yielding to me, I thank the land. They voted for Members of Con- unify and to say that there is no way gentleman for his leadership. When gress. They voted in the same way all that we are going to back off of this people see me come to the floor, they the other Americans did. It is a long, and allow any type of gun amendments are used to my coming to the floor for sad story as to why that did not hap- or any type of amendments taint what a bill on the District, often a bill I’ve pen. should be a bill that would celebrate fi- sponsored. Understand what my colleagues have nally the realization of our democracy. This is what is known as a Special been talking about—only the House And so this is quite a moment. We Order or Special Hour, but it wasn’t a vote. We are not talking about a vote have President Obama in the White Special Hour that I requested. I cannot in the Senate of the United States. House. We have major, major break- say enough about how much it meant Only in the people’s House. We are throughs in our country. This is a to me to hear colleagues who could be seeking from the House exactly what transformative moment. And I would on a plane now give up that time to the House gave us last time. say that those who really want to put come to the floor to speak on this mat- In an extraordinary vote, this House their money where their mouth is, they ter. was the first to pass this bill and send should really step up to the plate and The chairman of the Progressive Cau- it to the Senate. They fell three votes they should say that finally, finally cus could be halfway—is from halfway short because, remember, over there, 51 the residents of the District of Colum- across the country in Minnesota; not percent is not a majority. You need 60 bia’s day has come when they can fully to mention the Chair of the Congres- participate in this great democracy. percent. That’s a new definition of ma- Short of that, there still remains sional Black Caucus, who has even fur- jority that the Senate has created. much unfinished business. And I don’t ther to go. I want to thank my colleagues first Indeed, it ought to be said that today think we want to let this moment pass, for the leadership of my colleagues who the Congress let out early. So many Mr. ELLISON. I don’t think residents in have come forward as representative, I your district want to see the residents hightailed it, of course, to their own can truly say, of this House. But I want of the District of Columbia continue to districts, who would have otherwise to thank for all of those who voted for be discriminated against. We have been here. this bill last year. what, 500,000 people who live in the Dis- The gentlelady from California has This bill originated with one of my trict—600,000? To me, that’s uncon- my thanks for another initiative she Republican colleagues who thought of scionable. It’s unconscionable. The bil- took, and that is the meeting that was the idea of making it as bipartisan as lions of Federal tax dollars that are held yesterday with the Speaker of the possible in the hopes that that would paid each year and all of the respon- House. draw members of his party as well as sibilities of United States citizenship The Congressional Black Caucus—of my party because the District, like are embraced by the residents of the course, this is a largely African Amer- every large city virtually in America, District of Columbia. ican city, but it’s also a city where the has more Democrats than Republicans. And so on behalf of the Congressional Black Caucus would be out in front for So he teamed us with Utah, which Black Caucus, I just want to thank you the vote if anybody was denied the had barely missed getting a vote be- once again, Congresswoman ELEANOR vote. But the Black Caucus has carried cause Mormon missionaries, who were HOLMES NORTON, for waging such a this since it was founded. The Speaker, out of the State on a religious mission, noble fight because this is a day and in fact, agreed to a meeting with us in always had been counted, and they night struggle for you. I want to salute her office. It was a very important and were not counted in the 2000 census. you and I just want to say to you that very gratifying meeting, all at the Utah was only too happy to join. I we are not going to rest until you have leadership of the Congresswoman from want to thank the Governor of Utah, this vote here. California. its own delegation, who have been with I know this vote is not for you per- I cannot thank her enough. It’s very us from the beginning. sonally. This vote is for those 600,000 important to me what Mr. ELLISON and Two hundred-nineteen Democrats people who deserve the right to vote in Ms. LEE have done because it is their voted for this bill last time. Only six this body. own initiative. It’s very important to voted ‘‘no.’’ That is very extraor- Thank you, Congressman ELLISON. I say that, unlike with so many issues, dinary. And I am asking each and thank the Progressive Caucus for your they are broadly representative of our every one of them to repeat the vote leadership. I hope that the country House and of our Senate and of our they made last time. hears us today and I hope they under- country in believing that we should I was in a meeting with a Republican stand what types of games are being have the vote. Member who shares my view on the played on a civil rights bill that should The poll that I think is duplicated Capitol Visitor Center because there’s never, never, never happen. perhaps in what Mr. ELLISON had shows some things we want to fix about how

VerDate Nov 24 2008 01:34 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.104 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3391 staff can conduct their own tours. He District of Columbia in the Iraq and bills are in the national interest in came to me afterwards and said, By the Afghanistan war, who have now suc- terms of funding priority, but also in way, I’m voting for D.C. voting rights ceeded in getting the vote for the peo- our own constituents’ interest. this time. ple of those countries who did not have If a bill comes to the floor that is ob- I do expect that there will be more it before, and died without having that jectionable to the residents of the Dis- Republicans voting for the bill than vote in their own Nation’s capital, the trict of Columbia, you should be able last time. Twenty-two Republicans only capital of any nation to deny the to vote ‘‘no.’’ If an approps bill comes voted for the bill. They were under vote to its own residents. This is an to the floor that you believe is deserv- some pressure not to. I want to thank anomaly. Don’t blame it on the fram- ing of the support of the residents of Tom Davis, who spearheaded this bill. ers, and don’t blame it on the Amer- the District of Columbia because the He has since retired but is helping me ican people. Now that they know it, funding priorities are such, the types of even as I speak. they say do it; don’t leave us in this initiatives that are in that bill are rep- I do want to say that the bill carries way with this message that steps on resentative of the needs of the District a triple bonus. How often is it that we our message of democracy around the of Columbia, you should be able to vote use the word bipartisan and it doesn’t world, a district the average size of ‘‘yes.’’ The people of the District of Co- quite mean that each side gets exactly congressional districts in the United lumbia don’t have a vote in terms of what the other side gets? States and a district that is larger our national budget, our national pri- Look at what happens here. Utah felt than some States. orities. cheated, and that is a good word that This point has been made, but let me What if we say we want to support as Mr. CUMMINGS used for how residents drive it home when they say the notion a national priority health care reform? who pay taxes and go to war here feel, of having everybody who can vote, ex- Which we do. How in the world will the and they have joined with the District cept you. What Members are referring residents of the District of Columbia of Columbia, which has never had a to is that among the things that the vote for an appropriations to imple- vote. If that isn’t bipartisan. One for District has to do is to send its budget ment a health care reform initiative? you, one for me. No compromises there. here before it can spend a dollar of its So, Congresswoman NORTON, it is ex- One each. If that is not bipartisan, I own tax-raised money; send its laws tremely important from a funding per- haven’t heard a real definition of the here, and let them lie over and see if spective of our national government word. someone wants to overturn them. that you have a vote right here, be- This vote does something for the So, this House will see the D.C. ap- cause the tax dollars that are paid by House. It increases the House for the propriation come forward this year. the residents of the District of Colum- first time in 100 years. Every time that That is another way of saying the taxes bia, they are part of this overall na- a new State has come in, you have the that the people who live in the District tional budget. They are part of the U.S. same 435 seats. You’re going to have 437 of Columbia alone have raised, they Treasury. So, my goodness, I don’t seats now. will see that come forward as an appro- even know how I would feel if I did not priation. b 1645 have a vote when in fact my district, Now, my good friend from California my constituents, are paying the taxes, In addition to Republicans and is now a member of the Appropriations I would be very angry, I would be very Democrats each getting one, now they Committee. I wish you would describe upset, each and every year. have one more seat that makes it easi- what it means to come forward with So I think you have turned this frus- er for each to compete. You would this bill, knowing good and well that tration and this anger, which it really think that Republicans would particu- you are going to have a vote on it, should be, the whole country should be larly welcome that since they are in every Member on both sides of the aisle enraged about this, into a very positive the fastest growing areas of the United are going to have a vote on it, but that struggle for civil and for human rights. States. This failure of the House to no Member from the District of Colum- And that is really, basically, what this permanently increase the House in 100 bia will have a vote for it. You are on is. years has been broken if we pass this that committee. bill. The SPEAKER pro tempore (Mr. Finally, let me just say, this country Before I ask another question of my CONNOLLY of Virginia). Under the continues to promote democracy and good friend who has remained with us Speaker’s announced policy of January democratic movements all around the for a little while, I do want people to 6, 2009, the gentlewoman from Cali- world. We need to start promoting know what it is that moves most fornia (Ms. LEE) is recognized for the some democratic movements here in Americans by these kinds of margins, balance of the time as the designee of our own country, starting right here almost two-thirds of all adults, for ex- the majority leader. with providing the vote for the resi- ample, being for the bill, almost 60 per- Ms. LEE of California. Let me first dents of the District of Columbia, and cent Republicans, almost 70 percent thank you for the historical perspec- I think that the polling data shows Democrats. What is it that moves tive that you have put this in, because that the American people want that. them? I think you are right; had the word So I am optimistic. As I said earlier, Americans would have given us this gone out, had we sounded the alarm I think we have made a quantum leap vote before, I am sure, if we could have throughout the country much before and there is a new environment. People gotten the word out. We have an indig- now many years ago, these numbers want change, and I think this is basic enous organization called D.C. Vote. would have been readily there many, change. This is fundamental to our de- We have got a leadership conference on many years ago, because the American mocracy, and I applaud you again for civil rights with its 200 organizations people care about democracy and they working day and night to make sure spreading the word for one-half dozen care about making sure that every per- the democratic ideals are realized years now. That is the only way that son has a vote on this House floor. through this vote. this has become visible enough so that As a member of the Appropriations Ms. NORTON. That is why I have people who didn’t even know we didn’t Committee, it is very important that been so pleased, that even Members have the vote, which is most Ameri- we, one, establish the priorities in who are far more conservative than I cans, now know it and cannot conceive terms of funding priorities for our voted for this bill on the Republican of it. country; we also establish and work on side and on the Democratic side. On Who can conceive of somebody in our priorities for our own congressional the Democratic side, we had many country paying taxes without getting districts. In fact, it is only us who Members who come from districts, we any payback on that right to vote know our districts. We know our dis- are so pleased to have them, because ‘‘yea’’ or ‘‘nay’’ on whether those taxes tricts ourselves, just as you know this we are the signature of big tent polit- should be paid or not? And I know district, Congresswoman NORTON. So ical party ever since FDR, and the Americans cannot conceive of the expe- when the appropriations bills come to unity that we have shown and the rience I have had of going to Arlington this floor, it is incumbent upon us to many Republicans who voted for me Cemetery to bury residents from the vote for them, ensuring that, one, the does say to me that people understand

VerDate Nov 24 2008 01:40 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.105 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3392 CONGRESSIONAL RECORD — HOUSE March 12, 2009 this vote to be just like the reauthor- and I, those people had the right to home rule movement, was to, as Chair ization of the Voting Rights Act of 1965 vote in the Iraqi elections. And that is of the District Committee, I can al- a couple years ago. what we in the District are told we are ways remember him saying, we have Remember, in our country when in supposed to swallow. That is why I got to use this committee to turn over another part of the country almost no- must give my thanks to Governor John the workings of the District of Colum- body of color had the vote. We changed Huntsman of Utah, who continues to bia to the people of the District of Co- all that. So the only people who don’t support this bill strongly. If I could lumbia and transfer that power to the have that kind of representation here quote from him. residents of the District of Columbia. are, of all people, the people who live ‘‘The people of Utah have expressed And so this is another step. This is the in plain sight of the Congress. outrage over the loss of one congres- next chapter in that effort. We feel very deeply about our people sional seat since the last census. I It is a shame and disgrace that in who have gone to war. We talk about share their outrage. I can’t imagine,’’ 2009 we are still here talking about full no taxation without representation. Governor Huntsman wrote, ‘‘what it voting rights for the representative That pales beside giving your life for a must be like for American citizens to from the District. country that doesn’t think enough of have no representation at all for over Ms. NORTON. To show you the you to give you even a vote in the peo- 200 years.’’ shame on us, we were granted, for a ple’s House. This time, I dedicated the I want to say to the gentlelady what brief period, a delegate, we finally got bill to an unknown soldier and to the I believe most Americans don’t know. the delegate and home rule, as we call first soldier who died in the Iraq war. The schools of the District of Columbia it, at the same time. But Madam Chair, The unknown soldier is a soldier who were integrated as a result of Brown there was a brief period where when in lived in the District of Columbia, who versus Board of Education just as I was the 19th century we got the delegate went to war on the war cry of ‘‘no tax- about to leave high school. The Dis- and the right and a mayor and a city ation without representation.’’ That trict of Columbia was one of five Brown council. And that was when the Repub- was the reason that you could get peo- versus Board of Education States, right licans came to power after the Civil ple to take up arms against the mother along there with South Carolina and War. Again we are talking about a city country, an act of treason. Imagine if the rest of them. Why? Because the where they could see the reason for the they hadn’t succeeded what would have Congress of the United States saw to it disempowerment. And this, of course, happened to them. that all public accommodations, that is why so many African Americans na- The other soldier I dedicated the bill public schools, were indeed segregated. tionally became Lincoln Republicans to is one whose name I know very well, They went further. The Congress of the and why you would expect the Repub- Army Specialist Daryl Dent, 21 years United States left these American citi- lican party to be right here with me, as old, a graduate of Roosevelt High zens for 150 years without any mayor Tom Davis and so many Republicans School, National Guard. When you sign or city council. Instead, the President, here, have been. up for the National Guard, especially with the consent of the Congress, ap- The fact is that during Reconstruc- at the beginning of this war, a kid who pointed three commissioners. These tion, we had basically the same kind of I am sure did not envision that he three unelected people ruled the city home rule we have now. It wasn’t an would be overseas, he went the way for more than 150 years. African American mayor. But that is Guardsmen and reservists and enlisted There can be no doubt that while not what we were after. We were after men and women have always gone, race has very little to do with this self-government for everyone here. Re- ready to do their duty for the United today, it seems to be all about par- construction ended. And I will say to States of America. I am just asking tisanship. I say to my colleagues, my my good friend and colleague who that we do our duty to these veterans colleague who chairs the congressional chairs the Black Caucus that one of the who leave me feeling the same way black caucus, it was your party and first things that the Democrats did in that all of you feel, only with a deeper mine that denied the vote to the people reclaiming power was not simply to re- hole in my heart. of the District of Columbia, denied any segregate the South. What the Demo- I could have dedicated this to a lot of kind of self-government. crats did was to wipe out what the Re- other men and women who have died publicans had done with the District of 1700 for the District of Columbia. In World b Columbia. They wiped out the delegate. War I, this city lost—this is a city, We were denied any kind of self-gov- And the Democrats wiped out home now—lost more than three States. So ernment. It was the capture of our rule. there were three States that didn’t lose party then by southern Democrats who We don’t have clean hands. The as many men at that time as we did. are today gone and forgotten, because Democrats got religion, finally, on World War II, more than four States there is a new South, white and black, matters of equal rights long after the from this one place. Korea, more than that looks very different because they Republicans had it and kept African eight States. Vietnam War, more than could not conceive of a denial on race Americans, of course, as a constitu- 10 States. We have paid our dues. I alone. Of course, what particularly ency, because they never forgot it until don’t think that can be doubted. hurts this third-generation Washing- the New Deal came. And our party was One of my constituents now is a man tonian is that for most of that time, still full of segregationists. But the who owns a business here and lives the city was a majority white jurisdic- bottom line of survival and the New here, and he was born in Iraq. He stood tion. The presence of a significant Deal brought them here. with me, and I want to quote from him. number of black people was enough to Madam Chair of our caucus, the I don’t think Americans know the facts rally the anti-civil rights forces to thing has for me been a great ride for as he told them. His name is Andy keep all people from getting represen- my constituents. But I tell them the Shallal. tation and from getting any right to truth that there is also something per- He said, ‘‘People like me of Iraqi an- govern themselves until the civil rights sonal in this for me because I’m a cestry, and even my son who was born movement broke through in all. third-generation Washingtonian, and in the United States, are entitled to Ms. LEE of California. Would the my great-grandfather, Richard Holmes, vote in the Iraqi election due in large gentlewoman yield for just 1 minute? I got here shall we say the hard way. He part to the service of the citizens of the just have to say I am mesmerized lis- walked off of a Virginia plantation District of Columbia and other Ameri- tening to this history because I have to where he was being held as a slave and cans who have fought and died in remember and recall the fact that got as far as the District of Columbia, Iraq.’’ I just think that says it all. when I learned of this, I was actually and the Holmes roots got planted here. This country was so intent on mak- working for my predecessor, now And so on the Holmes side, those who ing sure that Iraqis, all Iraqis, and mayor, former Congressman Ron Del- continued to live here have never expe- even Diaspora, and people who could lums. And he chaired the Committee rienced the same rights that others not even be counted in their Diaspora on the District of Columbia. And his have seen, including rights that they because they were in fact born here and goal, and we used to talk about this, saw people down South get just a few raised here just like the gentlewoman because we were very active in the decades ago.

VerDate Nov 24 2008 01:40 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.107 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3393 So Madam Chair of our caucus, this The SPEAKER pro tempore. The hands of this local government that has racial roots. But those roots have time of the gentlewoman has expired. has been granted home rule. It is just been dug up. They are not there any- Ms. NORTON. Since the gentleman totally different. And it is an insult to more. All that is left is a partisanship from Georgia has come in, I hope that link a gun control measure to a peo- that exists here in the Congress but not he will have a 5-minute period. ple’s right to have a representative in the country. I think we are close to f who can vote in this Congress. bringing the two together, the people So, let’s not compound the tragedy with the Congress. HONORING COLD WAR WARRIORS and the injustice any further. I’m ask- I especially am pleased that the gen- The SPEAKER pro tempore. Under ing the public to understand that let’s tlelady from California has never the Speaker’s announced policy of Jan- not play politics with the people of ceased to carry this personally when uary 6, 2009, the gentleman from Cali- Washington, D.C.’s ability to be ade- she worked as Chief of Staff for Con- fornia (Mr. ROHRABACHER) is recognized quately represented. And certainly gressman Ron Dellums, who has gone for 60 minutes. they are adequately represented. Con- on, as she said, to be the mayor of an- Mr. ROHRABACHER. Mr. Speaker, I gresswoman NORTON deserves a right to other great city, Oakland, and now is would be happy to yield 5 minutes to cast a vote here to have total equality Chair of our caucus, I would like to say my colleague so that he can express his as all of the rest of us have. And so I one word about the constitutional opinion on this important discussion. don’t think that is too much to ask. question which is raised. Well, I can’t And then I will reclaim my time, the 55 b 1715 swear that any bill we passed is con- minutes I have left, after 5 minutes. stitutional. All I know is we are not The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The gen- the ones who decide that question. We tleman from Georgia is recognized for 5 tleman from California has 55 minutes decide questions of right and wrong, of minutes. remaining. whether or not a bill should be passed Mr. JOHNSON of Georgia. Mr. Speak- Mr. ROHRABACHER. I appreciate the very sincere presentation we have or not. But I am not worried about the er, this is so very gracious of you. I do just had about a serious issue. Al- constitutional issue, not when former appreciate it. This is such an impor- though my talk tonight will be focused Court of Appeals judge Kenneth Starr tant issue. Home rule is a concept that on some other issues, I would like to appeared before us and testified in very we take for granted, those who live in have a slight commentary. scholarly testimony that the bill is cities around this great Nation, those Those of us who are conservative Re- constitutional. I am really not worried who live in counties, those who live in publicans share the concern that has about it when Professor Viet Dinh who States as we all do. But all of those been expressed that the American citi- spent some years as the constitutional levels of government afford to their zens who reside in the District of Co- point man in the Justice Department, citizens home rule, which is basically lumbia have not been permitted to Attorney General for Legal Policy it is the right to have some self-determina- have the voting rights that people who called, has been one of the prime con- tion of your governmental affairs. live in other parts of the United States stitutional advocates for the bill. I’m Unfortunately, however, the citizens have. That was taken care of in terms relying not only on people who usually of Washington, D.C. have not enjoyed of the Presidential elections by specifi- agree with me on constitutional issues, that same liberty. And it was only cally permitting the people involved, but on scholars who will concede that back in I think 1973 that home rule was and right now as we know the people any bill as unprecedented as this would conferred by this body, the United from the District of Columbia partici- raise constitutional issues. But in good States Congress, to the citizens of pate in Presidential elections and have faith, after more than 200 years, who Washington, D.C., and since that time, Presidential electors, et cetera. are we to continue to deny these rights they have been able to, as a city coun- I would suggest that people who are when the very Constitution they cite cil, and as a mayor, school system, listening do understand there is an al- has ordained an independent institu- they have been able to have control ternative to what is being presented tion to make that final judgment? We over their governmental issues on the which I believe is very serious which is will be held accountable for this judg- local level. And that was certainly not being considered but should be ment. And so they say you are not a something that was prudent for this looked at because I believe that the State, so how can you possibly have body to do. current path that we just heard being the rights of States? There is very However, the ability of those same advocated has a chance of being de- scholarly testimony from former As- citizens to actually vote for President clared unconstitutional. Several schol- sistant Attorney General Dinh about and Vice President of this great Nation ars testified to that in the hearings. how in each and every instance, more still had not been authorized. And it One method that we know would be than half a dozen, where the notion of was 1961 when that occurred. So in constitutional would be to permit the treating the District as a State has other words, citizens of D.C. first were people of the District of Columbia to been raised, each and every time the given the right to actually vote for vote for Federal representation as part Congress and the Supreme Court had President and Vice President, and then of the State of Maryland. That would said the same thing, when it comes to they were given the right to govern not only permit the people of the Dis- the Commerce Clause, the fact that it themselves. trict of Columbia to vote for a rep- says commerce among the States does Now, it is important that we logi- resentative that would then have every not mean, said the Congress first, and cally extend those rights to the citi- right of every other Representative, then, of course, the court, does not zens of Washington, D.C. to have a but also the right to vote for two mean it doesn’t apply to the District of Congressperson who has a vote in this United States Senators. They would be Columbia. There is not a case which ex- great body. We have our illustrious del- the Senators as part of the voting pop- tracts us from that line of reasoning, egate, as she is technically called, but ulation of Maryland. They would be both congressional reasoning and, of I refer to her always as Congress- able to vote for the two Senators that course, the reasoning of the court. woman, a very effective voice in this come from Maryland. I have to say to the gentlelady, the Congress. And she, on behalf of the This alternative has been somewhat one that I think makes me smile most citizens of the District of Columbia, de- ignored by those people who are push- is article 1 section 2 clause 3 which pro- serves to have a vote in this great ing for the alternative that you have vides that representatives and direct body. And I’m here in support of that. just heard outlined. But I would sug- taxes shall be apportioned among the I will say that with this fundamental gest as we move forward, I would hope several States. The court said, go away liberty that we are talking about, the in the spirit of compromise and in the from here. When it comes to paying right to be represented in this great spirit of really trying to get this job your income taxes, D.C., that means body, that is a very awesome and fun- done, because I agree with the assess- you. Don’t take these words so lit- damental right that should not be ment that there is taxation without erally that they are meaningless. You bogged down by extraneous matters, representation. are not outside the United States. You particularly when those extraneous One of my colleagues suggested, well, are different from the States. matters have to do with tying the then let’s eliminate Federal taxation

VerDate Nov 24 2008 01:40 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.108 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3394 CONGRESSIONAL RECORD — HOUSE March 12, 2009 for the people of the District of Colum- er depth than that of a cliche. They munist activists that were such an im- bia. I would support that. But I think were opposed to communism. ‘‘The portant part of that movement. He it would be better for us to approach a dirty rotten commies.’’ But even thus equipped the intellectual soldiers situation where the people of the Dis- though they were using these cliches, who eventually won the Cold War. He trict of Columbia could vote as part of they didn’t have an inkling as to what equipped them with what they needed the voting system in Maryland, the the actual philosophy and tenets of to understand in order to understand Federal voting system; and thus, they communism were all about. the Cold War. would have a chance to vote for a Mem- Dr. Schwarz saw communism as an I owe so much to Dr. Schwarz. The ber of Congress and two United States evil religion that corrupted the human education he gave me was invaluable. Senators. That would be an alternative sole to the point that idealistic people From the time I went to Saigon in 1967 that I would hope would be looked at all over the world, humane people, during the height of the Vietnam War and given very serious consideration. were turned into murderers and mass in search of young political leaders to Mr. JOHNSON of Georgia. Would the slaughter was taking place. People enlist in the anti-communist cause, to gentleman yield? were executed. And yet, even thought- the time I marched arm in arm with Mr. ROHRABACHER. I would yield. ful people in our own society whose anti-Soviet activists in the streets of Mr. JOHNSON of Georgia. I appre- thought patterns were corrupted by Prague in 1968, what he taught me ciate the gentleman yielding. I would Leninism and Marxism ignored this could be very well seen in those loca- say that the voting rights bill that mass slaughter that was going on in tions in that day of the evils of com- Congresswoman NORTON has introduced the communist world, and sometimes munism. And what he taught me and which has already been passed by even excused it. From Lenin to Stalin, helped me all the way through the time the House in the 110th Congress, that from Castro to Pol Pot, it was no freak I was a journalist, all of the time I act provides for an expedited judicial accident that every regime led by peo- spent in the 1980s writing hard-hitting, review as to the constitutionality of ple who believed in communism ended anti-communist speeches in the White these actions that Congress would take up with mass killing and the House for President Ronald Reagan. Of by passing this legislation. debasement of civilized and human val- course, over these last 20 years as a There is also a difference of opinion ues. And yes, ended up with having Member of Congress, what Dr. Schwarz among constitutional scholars about people who flirted with this Marxism taught me has served me well and whether or not the Congress has the and Leninism, were affected in some helped equip me to serve my country authority under the constitution to ac- way by the philosophy, ignoring that and to serve the cause of freedom. tually do what this legislation pro- torturous existence that the people Speaking of President Reagan, it is poses. There are those on both sides of who lived under communism had to en- significant that President Ronald the fence on that. dure. Reagan was the master of ceremonies, Mr. ROHRABACHER. That is correct. Dr. Schwarz took it upon himself to before he was President, of course, at Mr. JOHNSON of Georgia. I think it educate as many people as he could, es- several rallies conducted by Dr. Fred needs to be adjudicated in court. This pecially opinion makers and future Schwarz during the 1960s. Dr. Schwarz’s legislation is conducive to that, pro- leaders, not only about the evil doings Christian anti-communist crusade drew vides for that, and the fact that we are associated with communism, but also thousands to rallies and seminars. And doing something that would cause us with the ideology itself that resulted in I have no doubt that Ronald Reagan’s to have to go to court and defend our these evil consequences. In fact, one of anti-communist attitude, as well as his powers is no reason to not pass the leg- the Dr. Schwarz’s favorite quotes was understanding, were to a great degree islation. ‘‘ideas have consequences.’’ shaped by Dr. Fred Schwarz. Early on Mr. ROHRABACHER. Reclaiming my Thus, it was vital in the Cold War as a union leader, Ronald Reagan knew time, let me just note that I do believe years that the basic ideas and concepts that he was anti-communist. But after there is an alternative that should be of this evil theory that threatened the Dr. Schwarz, Ronald Reagan knew why looked at seriously. And whatever hap- world and threaten to bring upon the he was an anti-communist. pens to this legislation, I would hope human race death and misery wherever I was not the only Ronald Reagan that this other alternative which it happened, it was vital that we under- speech writer who subscribed to Dr. would permit the people of the District stood the basis of this philosophy and Schwarz. Tony Dolan, Ronald Reagan’s of Columbia to vote for not only a Rep- what was causing these evil things to chief speech writer who worked with resentative but also two United States happen in the world. Ronald Reagan on the Evil Empire Senators is given some serious In those days, communism could speech and other historic utterances, thought. propagandize about creating a more was a devotee of Dr. Schwarz. With that, tonight I rise, Mr. Speak- peaceful world and benevolent society, Dr. Schwarz gave us the intellectual er, in remembrance of a champion of even as they turned whole countries ammunition to relegate communism to freedom who recently passed away, a into concentration camps and mur- the dust bin of history. All of us who he great man who influenced the world in dered anyone who resisted their power, equipped to do battle remember him which we live, but left the world with and murdered anyone who was related and are grateful to him. little notice of his passing. His name to anyone who resisted. He has been laid to rest now in his was Dr. Fred Schwarz. He died in his Dr. Schwarz was an Australian, but native Australia, and I pay tribute to native Australia on January 24, 2009, at when he realized that the Cold War him, along with the other Cold War age 96. Dr. Schwarz was a medical doc- would be won or lost by the strength warriors, for the contributions that he tor, a brilliant thinker, with the most and conviction of the American people, made to us as individuals and to the disciplined thought process and intel- he moved here and became a major cause to which we were all so dedi- lectual honesty than any other person educational force teaching young and cated. I have ever met. And that is saying a old alike about the inherent danger And yes, we as a global coalition of lot. that lurked in Marxist-Leninist philos- free men and women defeated the So- At an early age, Dr. Schwarz was able ophy. He was a disciplined intellectual, viet Union without an all-out war with to identify the philosophy of com- and had no fear in engaging in direct Russia because we defeated their ideas munism—Marxism and Leninism—as confrontations and disagreements. He and understood their ideas and fought the major threat of that day to the was always seeking the truth. He would them at that level as well as with human race. He spent decades of his never put up with faulty logic or inac- weapons. One of the factors that helped life exploring and exposing the basic curacy of fact on our side or on their us win was that we understood and de- ideas of Marx and Lenin and other side. feated the ideology behind that com- communist thinkers. He was sounding Now somewhat forgotten, perhaps ig- munist tyranny. the alarm as to the logical con- nored, the fact is he had a major im- Thank you, Dr. Schwarz, for helping sequences of those ideas. pact. He had a major impact on the us learn what we needed to learn and Most anti-communists in the United American conservative movement, giv- to know what we needed to know and States at that time never got in great- ing substance and depth to anti-com- then to do what we needed to do.

VerDate Nov 24 2008 01:40 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.110 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3395 I will submit for the RECORD an obit- that Communism is a disease: ‘‘Communism a distinguished scholar, a Cold War uary of Dr. Schwarz to give a small has already killed many millions of people strategist, a man who, yes, like Dr. background on Dr. Schwarz. and proposes to kill many millions more. Schwarz did not get all of the recogni- Therefore, by definition, it is a disease. It is [From the Christian Today, Australia, Jan. a threefold disease. It is a disease of the tion that he deserved, but those of us 30, 2009] body, because it kills; it is a disease of the who were involved in the final days of FRED SCHWARZ, RIP mind, because it is associated with the Cold War and the implementation (By Bill Muehlenberg) systemized delusions not susceptible to ra- of an anti-communist strategy that tional argument; and it is a disease of the Jesus once said that a prophet is without worked, we remember Constantine spirit, because it denies God, materializes honour, except in his own country. One of Menges. man, robs him of spirit and soul, and, in the Constantine Menges passed away in the greatest Australian prophets of the past last analysis, even of the mind itself, and re- century has just passed away, and nothing duces him to the level of a beast of the 2004. Again, like Dr. Schwarz, there was that I am aware of about his passing can be field.’’ not a great deal of attention that was found in the Australian mainstream media. And even though atheistic, Schwarz could paid to his passing, yet he had been a While Australia has many heroes—espe- clearly see that it was a religion, albeit a powerful force in shaping the world in cially sporting figures and movie stars—per- false religion, and the main contender which we live. haps the greatest hero to arise from Aus- against Christianity. He noted that many ex- He was a profound thinker. Con- tralia in recent times has been totally over- Communists have spoken of the religious na- looked by our secular, leftist media. I refer ture of Communism. stantine Menges had a Ph.D. He was to Dr Fred Schwarz, who died earlier this When people charged Schwarz with bias, he someone who thought things out in the week at age 96. confessed: ‘‘I plead guilty. We are biased in long run, and had tremendous histor- Schwarz was a successful medical doctor favour of truth, freedom, and life; we are ical perspectives which he shared with originally from Brisbane. He left a successful against deceit, slavery, and unnecessary us. medical practice in Sydney, although with a death. We believe that Communism leads to young family, to devote his whole attention classicide through the liquidation of the b 1730 to warning people about the dangers of athe- bourgeoisie, that it leads to the justification He was the one who put together the istic communism. and practice of mass murder.’’ strategies and the maneuvers that Born in 1913, he accepted Christ as his per- But, critics will complain, what about the sonal saviour in 1934. In the mid 1940s he good of Communism? ‘‘In rebuttal I ex- would end the Cold War with the defeat began his medical work. He combined this plained that a pathologist is a specialist in of the Soviet Union while minimizing with active Christian work, and also became the characteristics of a disease, not health, the chances of all-out war between the aware of the threat of Communism during and that a mixture of good and evil is often Soviet Union and the United States. this period. He soon was reading everything more deadly than an undiluted evil.’’ Although it wasn’t called it then at he could find on the topic, especially the The complete and incredible story of this the time, the Reagan Doctrine—that source materials. modern prophet is told in his autobiography, Beating the Unbeatable Foe (Regnery, 1996). strategy of confronting Soviet expan- Each night he devoured the works of the sionism without confronting the Soviet founders of Communism. Thus his wife Lil- This 600-page story is an inspiring read, and lian would quip that she often found four shows us the dedication, zeal and persever- Army itself with American troops— men in her bed: Marx, Lenin, Stalin and ance of this one amazing individual. this idea flowed from a basic strategy Fred. He soon was debating leading Aus- It tells of the waves of opposition, not just laid forward originally, as far as my tralian Communists. from the Communists and the Soviet Union, first contact with it, from Constantine He became aware that most Christians but from leftist, liberal allies and ‘‘useful id- Menges, who was, at that time, a sen- iots,’’ to use Lenin’s phrase. The lies, deceit, were clueless as to the menace of totali- ior National Intelligence Officer for tarian Marxism, and he dedicated his life to slander, and malicious attacks on Dr. Schwarz were relentless and are mind-bog- Latin America at the Central Intel- educating the public, and the church, about gling to read about. Yet despite all this in- ligence Agency under William Casey— these dangers. He was invited to speak in cessant opposition and attack, he remained America in 1950. He was urged to form an of course that was during Ronald Rea- steadfast to his calling. gan’s administration. I remember him organisation dedicated to instructing people The book also speaks about how the Chris- about the Communist threat, and how it is showing me that plan. tian churches were especially targeted by I also remember that basic plan later the polar opposite of Biblical Christianity. the Communists. Internal subversion was an In 1953 he established the Christian Anti- important tactic of the Communists. And when Dr. Jack Wheeler stepped forward Communist Crusade (CACC). He closed his many churchmen of course were completely and said, I’m going to go out and meet Sydney medical practice in 1955 and devoted taken in by the Communist propaganda. the various people of these anti-Soviet the rest of his life to this project, moving to One notable thing that struck me as I read insurgencies and anti-Soviet move- America to fully engage in the work. In 1960 this book was that a very similar battle is his best-selling book was published, You Can ments throughout the world so that we being waged today, and there is a similar can put a face to that strategy. And Trust The Communists (to be Communists). need for accurate information to withstand a I picked up a secondhand copy of this book vicious enemy. I refer to militant Islam, and then of course we had Oliver North, in Madison, Wisconsin in the mid–80s. He the war it is waging against the free West. who was then working in the White said this in the book, ‘‘In the battle against The parallels between its internal and exter- House to help that insurgency in Nica- Communism, there is no substitute for accu- nal attacks are so close to what we found in ragua that helped turn the tide there. rate, specific knowledge. Ignorance is evil the Communist offensive. Constantine Menges was the man and paralytic.’’ And in the same way today many Chris- who strategized these moves, the man This book and this ministry were pro- tians are completely ignorant of the threat who then, after working in the CIA— foundly influential. They influenced a gen- to the Christian church, or are being duped eration of Americans who would do battle by various ‘‘peace’’ initiatives and interfaith and serving CIA Director Bill Casey against the Communist foe. These include endeavours. In the same way that many be- very well—was brought to the White such luminaries as Ronald Reagan, William lievers were hoodwinked by the Communists House. And there in the White House F. Buckley, Jack Kemp, James Jobson and last century, many believers today are being he fought the internal battles that James Kennedy. deceived by the Islamists and their inter- made sure that strategy worked. Presi- Schwarz had countless debates with Com- faith supporters. dent Reagan had signed on to that munists, gave countless speeches and talks Dr. Schwarz eventually returned to Sydney where he has now finally received his eternal strategy—the Reagan Doctrine—of de- on the subject, and wrote countless articles, feating the Soviet Union by supporting booklets and books on the topic. His life was reward. This man was a modern-day saint, a energetic, passionate, and committed to genuine prophet, and a tireless worker for those folks in various parts of the standing up for biblical Christianity, and Christ and his Kingdom. He achieved more in world who themselves were resisting warning against the Marxist evils. his lifetime than most people ever will. Soviet expansionism. But you would When asked which was more dangerous, Yet incredibly I still cannot find any news think, well, that just speaks for itself, the external or internal threat of Com- of his death, or any obituaries or eulogies of course we should have done that. about this remarkable man. Like Jesus, he munism, Fred would reply, ‘‘If you were on a Well, in the 1980s, that was not some- ship that was sinking, which would be the was certainly a prophet without honour in his own land. But his life and work deserve thing that was just taken for granted. greatest danger, the water outside or the The fact is that there were people water inside? I was illustrating that the ex- to be widely heralded. And if no one else will, ternal and internal forces were manifesta- I most certainly will. God bless you richly within the Reagan administration tions of the same danger.’’ Fred Schwarz. itself who were constantly trying to And the dangers were very real indeed. In I would also like now to rise in honor undermine that strategy. For example, one of his first pamphlets Schwarz argued of another heroic champion of freedom, I just mentioned Oliver North, who was

VerDate Nov 24 2008 02:25 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.111 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3396 CONGRESSIONAL RECORD — HOUSE March 12, 2009 actually in the National Security fensive, and by doing so, we permitted But now that legacy is a threat be- Council, along with others—by the Central America to have a chance for cause the people of these countries way, for only 1 year, with our help to freedom. have learned to take that democracy the insurgents who were trying to fight And sure enough, the countries in for granted and to forget the basic na- the Sandinista dictatorship in Nica- Central America have been stalwarts ture of those Marxists and Leninists ragua, only for 1 year was that not a for democracy in the years since the who tried to implement, tried to im- legal operation. And the years before end of the Cold War. They have bene- pose communist dictatorship on those we gave hundreds of millions of dollars, fited by the Constantine Mengeses, who countries back in the 1980s. and the years after that hundreds of worked their hearts out inside the Well, now the FMLN—which was a millions of dollars were given to sup- White House and outside the White terrorist organization, basically a port that resistance movement. But House to make sure that they had the Marxist-Leninist military arm back in constantly there was this effort by peo- political support and the strategic sup- the 1980s which tried, by force, to be- ple within the Reagan administration— port they needed to establish democ- come the government of El Salvador— and also from without, I might add, racies there. since then they have been operating people here in Congress—who were try- Constantine Menges wrote book after within the democratic process; but this ing to undermine our support for those book. His last book that I remember same group that would have imposed a who were trying to force democracy dealt with the emerging threat of Marxist-Leninist dictatorship now has and democratic elections on the Sandi- China, but he was also very focused on a chance of winning the elections in El nista dictatorship. Latin America and warned us about po- Salvador. And what was one of the major tential inroads being made in Ven- Free people should be alarmed, espe- issues? It was whether or not we should ezuela, for example. cially the people of El Salvador. They cease our support for these insurgents So tonight we remember Con- have learned to take for granted the before or after the Sandinista per- stantine. And we are grateful to Dr. stability, the progress, the democratic mitted free elections. And there were Fred Schwarz, we’re grateful to Ollie rights that they have. The FMLN is those who were trying to pressure Ron- North, we’re grateful to Dr. Jack made up of people who have allied ald Reagan, people within the adminis- Wheeler, we’re grateful to Constantine themselves with al Qaeda, Iran, Cuba, tration—and I might say, I believe that Menges. These are individuals whose and other state sponsors of terrorism. our Secretary of State Schultz sup- names most people don’t know. With- For example, the current vice presi- ported this position—of actually cut- out them, freedom wouldn’t have had a dential candidate of the FMLN, that ting off our arms to the anti-Sandi- chance during the Cold War. But yet, candidate, a few days after 9/11, cele- nista insurgency before the Sandinista we won the Cold War without actual brated the attack on the United States dictatorship actually permitted the warfare between the Soviet Union and with a demonstration in El Salvador elections to take place. the United States and, again, democ- and burned American flags and claimed With Constantine Menges constantly racy was secured in Central America. that America had brought 9/11 upon at Reagan’s side reminding him that, Unfortunately, now in Latin America ourselves. That’s the kind of leader- no, what would work is only after the we see an ominous trend, a very omi- ship, that’s the kind of belligerence elections we will pledge, no matter how nous trend, when we see the rise of a represented by the FMLN. the elections come out, that we will left-wing, semi-Marxist Cedillo in Ven- Now, the people of El Salvador have withdraw our military support for ezuela, this Chavez, this boisterous every right to elect whoever they want those people in that insurgency, with- anti-American, we see him aligning to head their government, whether it’s out that, we would have withdrawn our himself with communist Cuba, one of the FMLN, or anyone else—certainly support and the Sandinistas would the last communist dictatorships in no one is suggesting otherwise, but ob- never have permitted a democratic the world. And again, we see this in Bo- viously there are consequences that election because they were committed livia. But yet, we see ominous trends. need to be considered when choosing to the same type of philosophy that For example, in Nicaragua itself, the who your leader will be. you have in Cuba and in other com- pro-democratic elements of that soci- In this case, all of the cooperation, munist countries; they were Marxist- ety were split, and they ended up with all of the economic cooperation, all of Leninists. As Dr. Schwarz would say, the Sandinista, the thugs from the old the stability that we’ve had, the friend- you can trust the communists to be a Sandinista Marxist regime returning to ship that we’ve had could be destroyed communist. And Marxist-Leninists power even though they only had 40 if the FMLN, a political party in El don’t believe in democracy. And unless percent of the vote. The 60 percent of Salvador that is hostile to the United we were forcing them to, they would the vote that was anticommunist was States—they hate the United States. not have permitted free elections. split, and that in itself is an ominous And if you elect someone who hates the And once those elections happened in trend. And then of course we have the United States, then the people of El Nicaragua—which was a tribute not elections that will be coming up this Salvador cannot expect that there will only to the championship and to the weekend in El Salvador. And from be a good relationship between our courage of those people who fought what I understand, it is within a mar- countries. that insurgency, but also a tribute to gin of error now, it’s neck in neck, who Now, if the people of El Salvador the Ollie Norths and the Constantine will be elected to be the government of want to have a bad relationship with Mengeses who were fighting the inside that country. the United States, they don’t want to fight. If we would not have done that, El Salvador has had a solid and a sta- have the same type of economic poli- there would never have been those free ble democracy all of these years since cies, fine, they should elect the Marxist elections. And with those elections, the the end of the Cold War, since Ronald FMLN. But if they want to be friends Sandinistas were soundly defeated. By Reagan determined we would be sup- of the United States, they should un- an American standard, that election porting not right-wing dictators to de- derstand that you can’t elect people was a landslide against them. feat communism, but instead, we would who celebrate 9/11 and say good things So what happened? There was a solid solidly support democratic elements. about al Qaeda and ally themselves move to democracy in that region be- Otto Reich, one of the champions dur- with Marxist dictatorships and think cause what we had done is we had ing the Reagan years, testified just that they’re going to have the same thwarted the Soviet Union’s strategy yesterday that when Ronald Reagan positive relationship with us. of their own to catch the United States became President of the United States, In this case, we have had very posi- by surprise and undermine our security 90 percent of Latin America was under tive economic policies for which we be- by supporting those pro-communist right-wing military dictators. When stowed upon the Government of El Sal- elements in Latin America, supporting Ronald Reagan left, 90 percent of Latin vador because it was democratic and the guerrilla movements in Latin America was under democratic rule because it was friendly to the United America. And that base of operations and governed by people who had been States. Those economic policies will was going to be in Nicaragua. We put elected in free elections. What a tre- not stand up if the Government of El the Nicaraguan communists on the de- mendous, tremendous legacy. Salvador is hostile to us or hates us, or

VerDate Nov 24 2008 01:40 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.113 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3397 is anti-democratic, or starts—as the whatever happens in the election, it’s face and say, no, we’re actually dif- tough guy in Nicaragua has done, he not going to make any difference in ferent now. Well, maybe they aren’t has already started to repress his own American policy. Well, those Members using guns, but putting them in power people and to use a heavy hand in place of Congress, and many of them are my in any way will not make this a better of a democratic process in that coun- friends, they have a more liberal left world or a better country. That is for try. outlook in life than I do, and I can say people of each country to decide for So the people of El Salvador need to that they’re misguided in presenting themselves. We wish all of those peo- think about what relationship do you that to the people of El Salvador. The ple, whether in El Salvador or else- want to have? What will it cost us if we fact is that what happens in this elec- where, free elections, open discussion, have an anti-American government? tion will have impact on our relations, open debate. Well, today there are over $4 billion and it is not just something that the I hope that my words today will be that come from El Salvadorians who people can elect an anti-American gov- seen as part of the debate here as to are in the United States in remit- ernment and expect everything to stay what we should do if indeed a change in tances, $4 billion from these people who the same. policy happens and a change in leader- are here, who are El Salvadorians, flow So I hope we remain friends. I hope ship happens in El Salvador so that we into El Salvador. Now, they’re called the people of El Salvador vote to be will know what policies will change if remittances. Well, we do not need to friends. But if they don’t, that is their indeed the FMLN, which was a Marx- permit those remittances; we do this as right to do so. I think it would be much ist-Leninist terrorist group back in the a favor to that country and to try to more beneficial for the people of El 1960s and 1970s, whether or not, if that help its economy. But if we have an Salvador and other Latin American group comes to power, what changes anti-American government there, that countries to remain good friends of the will be brought about. issue will be hotly debated in the United States rather than attaching With that said, Mr. Speaker, I would United States Congress. their future to the likes of Hugo Cha- also put into the RECORD at this point If you have a country that is run by vez and other despots and bellicose an obituary about Mr. Constantine people who burn American flags and Cedilloses. Menges, dated July 14, 2004. congratulate al Qaeda terrorists for These military strongmen who are in [From the Washington Post, July 14, 2004] flying planes into our buildings and the right wing that dominated Latin CONSTANTINE MENGES; NATIONAL SECURITY killing thousands of Americans, yes, America back in the 1960s, that was a AIDE we will have an honest debate about tragedy for the people of Latin Amer- (By Joe Holley) whether or not we should restrict the ica, and that was a tragedy that the Constantine Menges, 64, a national secu- billions of dollars that now flow in re- United States did not oppose that type rity aide for Latin America during the mittances from the United States to El of authoritarian rule as much as we Reagan administration who had a central Salvador. If people want to vote for should have. And it was Ronald Reagan role in planning the U.S. invasion of Grenada that there, they have every right, and that turned that around, and I am very in 1983, and who focused on the continuing threat of communism in books and numerous we respect that. That’s democracy. But proud that during Ronald Reagan’s ad- ministration that we stood for democ- articles, died of cancer July 11 at Sibley Me- we, too, will respond. And we, too, will morial Hospital. He lived in the District. have things that we have to do to pro- racy, not just anti-communism; and At the time of his death, Dr. Menges was a tect our interests if we have a country that with Constantine Menges there to senior fellow at the Hudson Institute, a pub- that is allying themselves with the help us strategize, we turned back the lic policy think tank. His recent work had people who slaughtered our American tide of communism in Latin America focused on the threat to the United States of citizens on 9/11. We can’t expect to per- and throughout the world, and we cre- a growing pro-Castro alliance throughout mit the free flow of billions of dollars ated a better world without having the Latin America; state-sponsored terrorism, kind of nuclear exchange or massive including what he considered Iran’s subver- to continue if that’s the case. That sion of Iraq; and the rise of China as a super- shall be solidly debated if the FMLN is military fight with the Soviet army power. brought to power. So we need to make that was predicted so often back in the Dr. Menges had just completed the manu- sure that good people who support de- 1950s and 1960s. script for a book titled ‘‘China, the Gath- mocracy throughout this hemisphere, So tonight we look back on the he- ering Threat: The Strategic Challenge of who we helped during the wars in the roes, the heroes of the Cold War who China and Russia.’’ He also was the author of 1980s, that they do not then become brought about a more peaceful and a a memoir, ‘‘Inside the National Security Council,’’ several other books, and numerous complacent and take all of the democ- more democratic world. And we reach out to those people now in Latin Amer- articles. racy and progress that has happened Dr. Menges was born in Ankara, Turkey, there for granted. ica who are making decisions, making the son of political refugees from Nazi Ger- There was tremendous chaos in the the decisions as to whether or not many. The Menges family, fearing that Tur- seventies and eighties in Latin Amer- they’re going to take for granted what key would enter the war as an ally of the ica and Central America. People don’t was accomplished during this pro- Axis powers, moved from place to place need that anymore. They don’t need democratic revolution that took place through war-torn Europe. The family arrived under Ronald Reagan and took place at in the United States in 1943. the hatred and the vitriol that was Dr. Menges received a bachelor’s degree in down there and all of the anti-Ameri- great risk and great hardship for the people in Central America. physics from Columbia College and a doc- canism—and the outside interference, I torate in political science from Columbia might add, that came in when the So- Now is not the time to go back to University. He taught political science at viet Union pumped a billion dollars Marxism-Leninism with another face. the University of Wisconsin before joining worth of military equipment into Nica- Let’s again go back to Dr. Fred the Rand Corp. ragua thinking they were going to roll Schwarz. Dr. Schwarz told us that if He entered government service in the late up Latin America. Well, brave people you really read what the communists 1970s, first as assistant director for civil rights, then as deputy assistant secretary for in Latin America stood against Marx- and the Leninists believe, you will see that they believe in the dictatorship of education in the Department of Health, Edu- ism-Leninism then. They should con- cation and Welfare. tinue to do so because, in the end, all the proletariat. You will see they be- From 1981 to 1983, he was a national intel- of us, what kind of country we live in lieve in the centralization of power, the ligence officer for Latin American affairs at is in our hands. We wish the people of arrogant ‘‘we know what’s best for ev- the Central Intelligence Agency under Direc- El Salvador well; we do, we wish them eryone’’ notion that results in dicta- tor William Casey. From 1983 to 1986, he well. We wish them a successful elec- torship every time but also results in worked for the National Security Council as poverty and results in a decline in the a special assistant to the president, special- tion. We hope that they will remain izing in Latin America. friends of the United States. standard of living and results in con- flict with other peoples. Latin America In ‘‘President Reagan: The Role of a Life- b 1745 time,’’ author Lou Cannon described Dr. nor anywhere else in the world needs Menges as one of a cadre of National Secu- Unfortunately, I know there is a the conflict, needs the repression that rity Council aides who believed, as did Casey, large number of Members of Congress will come with a resurgence of Marxist- ‘‘that the West should be mobilized to fight who signed on to a letter suggesting Leninists who now put on a democratic Communists with their own methods.’’

VerDate Nov 24 2008 01:40 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MR7.114 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3398 CONGRESSIONAL RECORD — HOUSE March 12, 2009 Cannon described Dr. Menges ‘‘as one of LEAVE OF ABSENCE partment’s final rule — Safety Zone; Live- the most forceful of these polemicists’’ and Fire Gun Exercise, Gulf of Mexico, FL. ‘‘a principled conservative.’’ White House By unanimous consent, leave of ab- [Docket No. USCG-2008-0364] (RIN: 1625-AA00) and State Department pragmatists, accord- sence was granted to: received February 26, 2009, pursuant to 5 ing to Cannon, dubbed him ‘‘Constant Men- Ms. ROYBAL-ALLARD (at the request U.S.C. 801(a)(1)(A); to the Committee on ace,’’ a play on his name, for his ardent sup- of Mr. HOYER) for today on account of Transportation and Infrastructure. port of action, covert and otherwise, against illness. 847. A letter from the Chief, Regulations Nicaraguan Sandinistas and Salvadoran and Administrative Law, Department of rebels. f Homeland Security, transmitting the De- partment’s final rule — Safety Zone; New Deeply involved in White House support for SPECIAL ORDERS GRANTED the Nicaraguan contras, Dr. Menges also ar- York Air Show, Atlantic Ocean off of Jones gued that an American strategy for com- By unanimous consent, permission to Beach, NY [Docket No. USCG-2008-0371] (RIN: bating communism in Latin America should address the House, following the legis- 1625-AA00) received February 26, 2009, pursu- include suppression of right-wing death lative program and any special orders ant to 5 U.S.C. 801(a)(1)(A); to the Committee squads and promotion of land reform. on Transportation and Infrastructure. ‘‘He believed that the United States should heretofore entered, was granted to: 848. A letter from the Chief, Regulations compete with the Soviets in sponsorship of (The following Members (at the re- and Administrative Law, Department of ‘national liberation movements’ in Third quest of Ms. JACKSON-LEE of Texas) to Homeland Security, transmitting the De- World nations,’’ Cannon wrote. revise and extend their remarks and in- partment’s final rule — Safety Zone; Savan- Dr. Menges contended that the invasion of clude extraneous material:) nah River, Savannah, GA [USCG-2008-0370] (RIN: 1625-AA00) received February 26, 2009, Grenada helped avert a possible Grenada nu- Ms. WOOLSEY, for 5 minutes, today. clear deployment crisis and strengthened pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. DEFAZIO, for 5 minutes, today. President Ronald Reagan’s hand in deploying mittee on Transportation and Infrastruc- intermediate-range missiles in Europe in Ms. KAPTUR, for 5 minutes, today. ture. late 1983. (The following Members (at the re- 849. A letter from the Chief, Regulations From 1990 to 2000, Dr. Menges was a pro- quest of Mr. BURTON of Indiana) to re- and Administrative Law, Department of fessor at George Washington University, vise and extend their remarks and in- Homeland Security, transmitting the De- where he founded and directed the program clude extraneous material:) partment’s final rule — Safety Zone; Wil- mington River, Savannah, GA [USCG-2008- on Transitions to Democracy. His work on Mr. CHAFFETZ, for 5 minutes, today. democratic transitions included the post- 0387] (RIN: 1625-AA00) received February 26, communist states, Iraq, Iran and the Amer- Mr. POE of Texas, for 5 minutes, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the icas. He also began a project on U.S. rela- March 19. Committee on Transportation and Infra- tions with Russia and China and the new Mr. JONES, for 5 minutes, March 19. structure. Russia-China alignment. Mr. MCCLINTOCK, for 5 minutes, 850. A letter from the Chief, Regulations In articles that appeared regularly in The today. and Administrative Law, Department of Washington Post, the Washington Times, the Homeland Security, transmitting the De- New York Times, the New Republic and f partment’s final rule — Safety Zone; Private Birthday Fireworks Display, Gulf of Mexico, other publications, Dr. Menges continued to ADJOURNMENT warn that the communist threat persisted. Florida. [Docket No. USCG-2008-0402] (RIN: In a Washington Post opinion article in Mr. ROHRABACHER. Mr. Speaker, I 1625-AA00) received February 26, 2009, pursu- 2001, he wrote that ‘‘Russia and China are move that the House do now adjourn. ant to 5 U.S.C. 801(a)(1)(A); to the Committee using mostly political and covert means to on Transportation and Infrastructure. The motion was agreed to; accord- 851. A letter from the Chief, Regulations oppose the United States on security issues ingly (at 5 o’clock and 50 minutes and to divide America from its allies.’’ and Administrative Law, Department of As a college student, Dr. Menges helped in- p.m.), under its previous order, the Homeland Security, transmitting the De- dividuals escape communist East Berlin in House adjourned until Monday, March partment’s final rule — Security Zone; Co- 1961, and in 1963, he worked in Mississippi as 16, 2009, at 12:30 p.m., for morning-hour lumbia River, All Waters Within a 100-yard a volunteer for equal voting rights. debate. Radius Around the M/V BRUGGE VENTURE Survivors include his wife of 29 years, [Docket No. USCG-2008-0435] (RIN: 1625-AA00) Nancy Menges, and a son, Christopher, both f received February 26, 2009, pursuant to 5 of Washington. U.S.C. 801(a)(1)(A); to the Committee on EXECUTIVE COMMUNICATIONS, Transportation and Infrastructure. Mr. Speaker, I appreciate the fact ETC. 852. A letter from the Chief, Regulations that in this country we have dem- Under clause 8 of rule XII, executive and Administrative Law, Department of onstrated to the world something real- Homeland Security, transmitting the De- ly important, and that is that we have communications were taken from the partment’s final rule — Safety Zone; San had a shift in power in the United Speaker’s table and referred as follows: Francisco Giants Fireworks Display, San States. And I hope people see that the 843. A letter from the Chief, Regulations Francisco, CA [Docket No. USCG-2008-0430] (RIN: 1625-AA00) received February 26, 2009, Republicans and the Democrats stood and Administrative Law, Department of Homeland Security, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- there and applauded as our new Presi- partment’s final rule — Safety Zone; Cana- mittee on Transportation and Infrastruc- dent was sworn in. We wish this coun- dian Forces Snowbird Air Show, Duluth, MN. ture. try success, and we wish this President [USCG-2008-0359] (RIN: 1625-AA00) received 853. A letter from the Chief, Regulations success. We may have a difference of February 26, 2009, pursuant to 5 U.S.C. and Administrative Law, Department of opinion on how to achieve success, but 801(a)(1)(A); to the Committee on Transpor- Homeland Security, transmitting the De- partment’s final rule — Safety Zone; Fish we all are rooting for people who fun- tation and Infrastructure. 844. A letter from the Chief, Regulations Barrier Testing, Chicago Sanitary Ship damentally believe that democratic Canal, Chicago, IL. [USCG-2008-0300] (RIN: and Administrative Law, Department of dialogue like the one I’m talking about 1625-AA00) received February 26, 2009, pursu- Homeland Security, transmitting the De- ant to 5 U.S.C. 801(a)(1)(A); to the Committee and democratic process is the answer partment’s final rule — Safety Zone; Amer- to the future. on Transportation and Infrastructure. ican Carp Society Northeast Regionals fire- 854. A letter from the Chief, Regulations f works, Seneca River, Baldwinsville, NY. and Administrative Law, Department of [USCG-2008-0358] (RIN: 1625-AA00) received Homeland Security, transmitting the De- OMISSION FROM THE CONGRES- February 26, 2009, pursuant to 5 U.S.C. SIONAL RECORD OF WEDNES- partment’s final rule — Security Zone; Fleet 801(a)(1)(A); to the Committee on Transpor- Week Sea and Air Parade; San Diego Bay, DAY, MARCH 11, 2009 AT PAGE tation and Infrastructure. San Diego, CA [Docket No.: USCG-2008-0298] H3336 845. A letter from the Chief, Regulations (RIN: 1625-AA00) received February 26, 2009, and Administrative Law, Department of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Homeland Security, transmitting the De- mittee on Transportation and Infrastruc- ENROLLED BILL SIGNED partment’s final rule — Security Zone; Co- ture. Lorraine C. Miller, Clerk of the lumbia River, All Waters Within a 100-yard 855. A letter from the Chief, Regulations House, reported and found truly en- Radius Around the M/V MAERSK JEWEL and Administrative Law, Department of [USCG-2008-0362] (RIN: 1625-AA00) received rolled a bill of the House of the fol- Homeland Security, transmitting the De- February 26, 2009, pursuant to 5 U.S.C. partment’s final rule — Safety Zone; Stock- lowing title, which was thereupon 801(a)(1)(A); to the Committee on Transpor- ton Asparagus Festival; Stockton, California signed by the Speaker: tation and Infrastructure. [Docket No.: USCG-2008-0324] (RIN: 1625- H.R. 1105. An act making omnibus appro- 846. A letter from the Chief, Regulations AA00) received February 26, 2009, pursuant to priations for the fiscal year ending Sep- and Administrative Law, Department of 5 U.S.C. 801(a)(1)(A); to the Committee on tember 30, 2009, and for other purposes. Homeland Security, transmitting the De- Transportation and Infrastructure.

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856. A letter from the Chief, Regulations Carolina, Mr. ELLISON, Ms. SPEIER, H.R. 1462. A bill to provide for a study by and Administrative Law, Department of Mr. TIERNEY, and Ms. ESHOO): the National Academy of Engineering re- Homeland Security, transmitting the De- H.R. 1456. A bill to extend the protections garding improving the accuracy of collection partment’s final rule — Safety Zones; Exclu- of the Truth in Lending Act to overdraft pro- of royalties on production of oil, condensate, sion zone for sunken barge; Miami River, tection programs and services provided by and natural gas under leases of Federal lands Miami, FL [Docket No.: USCG-2008-0325] depository institutions, to require customer and Indian lands, and for other purposes; to (RIN: 1625-AA00) received February 26, 2009, consent before a depository institution may the Committee on Natural Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- initiate overdraft protection services and By Ms. HARMAN (for herself, Mrs. mittee on Transportation and Infrastruc- fees, to enhance the information made avail- TAUSCHER, Mr. ROYCE, and Mr. ture. able to consumers relating to overdraft pro- CONNOLLY of Virginia): 857. A letter from the Chief, Regulations tection services and fees, to prohibit system- H.R. 1463. A bill to restrict United States and Administrative Law, Department of atic manipulation in the posting of checks military assistance to the Government of Homeland Security, transmitting the De- and other debits to a depository account for Pakistan; to the Committee on Foreign Af- partment’s final rule — Security Zone; Co- the purpose of generating overdraft protec- fairs. lumbia River, All Waters Within a 100-yard tion fees, and for other purposes; to the Com- By Mr. FOSTER: Radius Around the M/V BBC ALABAMA mittee on Financial Services. H.R. 1464. A bill to require Federal agen- cies to collaborate in the development of [Docket No.: USCG-2008-0342] (RIN: 1625- By Ms. DELAURO (for herself, Ms. ROS- freely-available open source educational ma- AA00) received February 26, 2009, pursuant to LEHTINEN, Mr. MCGOVERN, and Mr. terials in college-level physics, chemistry, 5 U.S.C. 801(a)(1)(A); to the Committee on KLEIN of Florida): H.R. 1457. A bill to amend the Public and math, and for other purposes; to the Transportation and Infrastructure. Health Service Act to deem certain geriatric Committee on Science and Technology, and 858. A letter from the Chief, Regulations health training to be obligated service for in addition to the Committee on Education and Administrative Law, Department of purposes of the National Health Service and Labor, for a period to be subsequently Homeland Security, transmitting the De- Corps Loan Repayment Program, and for determined by the Speaker, in each case for partment’s final rule — Safety Zone; Live- other purposes; to the Committee on Energy consideration of such provisions as fall with- Fire Gun Exercise, Atlantic Ocean, Fort and Commerce. in the jurisdiction of the committee con- Lauderdale, Florida [Docket No.: USCG-2008- By Mr. CAMP (for himself and Mr. cerned. 0336] (RIN: 1625-AA00) received February 26, KIND): By Mr. ELLSWORTH: 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 1458. A bill to amend title XVIII of the H.R. 1465. A bill to amend the Consumer Committee on Transportation and Infra- Social Security Act to provide continued en- Product Safety Act to provide regulatory re- structure. titlement to coverage for immuno- lief to small and family-owned businesses; to 859. A letter from the Chief, Regulations suppressive drugs furnished to beneficiaries the Committee on Energy and Commerce. and Administrative Law, Department of under the Medicare Program that have re- By Ms. WATERS (for herself, Mr. Homeland Security, transmitting the De- ceived a kidney transplant and whose enti- SCOTT of Virginia, Ms. CORRINE partment’s final rule — Cinco de Mayo Fire- tlement to coverage would otherwise expire, BROWN of Florida, Mr. MEEKS of New works Display [USCG-2008-0357] received Feb- and for other purposes; to the Committee on York, Ms. KILPATRICK of Michigan, ruary 26, 2009, pursuant to 5 U.S.C. Ways and Means, and in addition to the Com- Ms. NORTON, Mr. JOHNSON of Georgia, 801(a)(1)(A); to the Committee on Transpor- mittees on Energy and Commerce, and Edu- Ms. CLARKE, Mr. COHEN, Mr. tation and Infrastructure. cation and Labor, for a period to be subse- HASTINGS of Florida, Mr. ELLISON, 860. A letter from the Chief, Regulations quently determined by the Speaker, in each Mr. PASTOR of Arizona, Mr. STARK, and Administrative Law, Department of case for consideration of such provisions as Ms. FUDGE, Mr. FATTAH, and Mr. Homeland Security, transmitting the De- fall within the jurisdiction of the committee DAVIS of Illinois): partment’s final rule — Security Zone; concerned. H.R. 1466. A bill to concentrate Federal re- Woodrow Wilson Bridge Dedication Cere- By Mr. SCOTT of Virginia (for himself, sources aimed at the prosecution of drug of- mony, Potomac River, Arlington and Fairfax Mr. CONYERS, Ms. JACKSON-LEE of fenses on those offenses that are major; to Counties, VA, Prince Georges County, MD Texas, Mr. NADLER of New York, Ms. the Committee on the Judiciary, and in addi- and Washington, DC [Docket No.: USCG-2008- WATERS, Mr. LEWIS of Georgia, Mr. tion to the Committee on Energy and Com- 0393] (RIN: 1625-AA87) received February 26, DAVIS of Illinois, Mr. ELLISON, Mr. merce, for a period to be subsequently deter- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the JOHNSON of Georgia, Mr. GRIJALVA, mined by the Speaker, in each case for con- Committee on Transportation and Infra- Mr. PAYNE, Mr. COHEN, Ms. NORTON, sideration of such provisions as fall within structure. and Mr. RANGEL): the jurisdiction of the committee concerned. H.R. 1459. A bill to amend the Controlled By Mr. SMITH of Texas (for himself, f Substances Act and the Controlled Sub- Mr. SENSENBRENNER, Mr. BOEHNER, PUBLIC BILLS AND RESOLUTIONS stances Import and Export Act regarding Mr. COBLE, Mr. GALLEGLY, Mr. DAN- penalties for cocaine offenses, and for other IEL E. LUNGREN of California, Mr. Under clause 2 of rule XII, public purposes; to the Committee on the Judici- KING of Iowa, Mr. FRANKS of Arizona, bills and resolutions of the following ary, and in addition to the Committee on En- Mr. JORDAN of Ohio, Mr. ROONEY, Mr. titles were introduced and severally re- ergy and Commerce, for a period to be subse- HARPER, Mr. SULLIVAN, Mr. PENCE, ferred, as follows: quently determined by the Speaker, in each Mr. CANTOR, Mr. SHADEGG, Mr. case for consideration of such provisions as By Mr. BROWN of South Carolina (for HUNTER, Mrs. BACHMANN, and Ms. fall within the jurisdiction of the committee ALLIN himself, Ms. BORDALLO, Mr. YOUNG of F ): concerned. H.R. 1467. A bill to extend certain provi- Alaska, Mr. GEORGE MILLER of Cali- By Mr. LATHAM (for himself, Ms. sions of the USA PATRIOT Act and the In- fornia, Mr. KIND, Mrs. BONO MACK, BALDWIN, Ms. KAPTUR, Mr. BISHOP of telligence Reform and Terrorism Prevention Mr. KING of New York, Mr. TANNER, Georgia, Mr. SMITH of New Jersey, Act of 2004 for 10 years; to the Committee on and Ms. ROS-LEHTINEN): Mr. TAYLOR, Mr. LOEBSACK, Mr. the Judiciary, and in addition to the Com- H.R. 1454. A bill to provide for the issuance HARE, Ms. DELAURO, Mr. MCMAHON, mittee on Intelligence (Permanent Select), of a Multinational Species Conservation Mr. MICHAUD, Mr. RANGEL, Mr. PAT- for a period to be subsequently determined Funds Semipostal Stamp; to the Committee RICK J. MURPHY of Pennsylvania, Mr. by the Speaker, in each case for consider- on Oversight and Government Reform, and MOORE of Kansas, and Mr. GORDON of ation of such provisions as fall within the ju- in addition to the Committee on Natural Re- Tennessee): risdiction of the committee concerned. sources, for a period to be subsequently de- H.R. 1460. A bill to amend the Public By Mr. BURGESS: termined by the Speaker, in each case for Health Service Act to establish a graduate H.R. 1468. A bill to provide health care li- consideration of such provisions as fall with- degree loan repayment program for nurses ability reform, and for other purposes; to the in the jurisdiction of the committee con- who become nursing school faculty members; Committee on the Judiciary. cerned. to the Committee on Energy and Commerce. By Mr. SCHIFF (for himself, Mr. CON- By Mrs. MALONEY (for herself and Mr. By Mr. GEORGE MILLER of California YERS, and Mr. ROGERS of Michigan): KANJORSKI): (for himself, Mr. TIERNEY, Mr. H.R. 1469. A bill to amend the National H.R. 1455. A bill to amend the Federal Fi- GRIJALVA, Ms. CLARKE, Mr. HARE, Mr. Child Protection Act of 1993 to establish a nancial Institutions Examination Council DAVIS of Illinois, Mr. ANDREWS, and permanent background check system; to the Act to require the Council to establish a sin- Ms. WOOLSEY): Committee on the Judiciary. gle telephone number that consumers with H.R. 1461. A bill to amend the National By Mr. KIND (for himself, Mr. HERGER, complaints or inquiries could call and be Labor Relations Act to apply the protections Ms. KOSMAS, and Mr. REICHERT): routed to the appropriate Federal banking of the Act to teaching and research assist- H.R. 1470. A bill to amend the Internal Rev- agency or State bank supervisor, and for ants; to the Committee on Education and enue Code of 1986 to provide that the deduc- other purposes; to the Committee on Finan- Labor. tion for the health insurance costs of self- cial Services. By Mrs. MALONEY (for herself, Mr. employed individuals be allowed in deter- By Mrs. MALONEY (for herself, Mr. HINCHEY, Mr. GRIJALVA, and Ms. mining self-employment tax; to the Com- ACKERMAN, Mr. MILLER of North BERKLEY): mittee on Ways and Means.

VerDate Nov 24 2008 01:40 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\L12MR7.000 H12MRPT1 rfrederick on PROD1PC67 with HOUSE H3400 CONGRESSIONAL RECORD — HOUSE March 12, 2009 By Mr. BISHOP of Georgia (for himself, from gross income for long-term capital gain consumer before any fee may be imposed by Mr. KINGSTON, Mr. LEWIS of Georgia, on property acquired or disposed of during a financial institution in connection with Mr. GINGREY of Georgia, Mr. SCOTT of 2009 or 2010; to the Committee on Ways and any transaction for any overdraft protection Georgia, Mr. JOHNSON of Georgia, Mr. Means. service provided with respect to such trans- MARSHALL, and Mr. BARROW): By Mr. HINCHEY: action, and for other purposes; to the Com- H.R. 1471. A bill to expand the boundary of H.R. 1478. A bill to amend chapter 171 of mittee on Financial Services. the Jimmy Carter National Historic Site in title 28, United States Code, to allow mem- By Mr. MEEK of Florida: the State of Georgia, to redesignate the unit bers of the Armed Forces to sue the United H.R. 1488. A bill to establish a fair order of as a National Historical Park, and for other States for damages for certain injuries posting checks and deposits to prevent un- purposes; to the Committee on Natural Re- caused by improper medical care, and for just enrichment of financial institutions sources. other purposes; to the Committee on the Ju- from fees that accrue only by virtue of the By Mrs. BLACKBURN (for herself, Mr. diciary. order used by the institution for posting HUNTER, Mr. GOHMERT, Mr. KLINE of By Ms. EDDIE BERNICE JOHNSON of checks and deposits, and for other purposes; Minnesota, Mr. CHAFFETZ, Mr. Texas: to the Committee on Financial Services. LAMBORN, Mr. CONAWAY, Mr. GINGREY H.R. 1479. A bill to enhance the availability By Mr. MOLLOHAN: of Georgia, Mr. CULBERSON, Mr. MAN- of capital, credit, and other banking and fi- H.R. 1489. A bill to extend Corridor O of the ZULLO, Mr. SMITH of Texas, Mr. AKIN, nancial services for all citizens and commu- Appalachian Development Highway System Mr. WAMP, Mr. LATTA, Ms. FALLIN, nities, to ensure that community reinvest- from its current southern terminus at I-68 Mr. BISHOP of Utah, Mr. OLSON, Mr. ment requirements are updated to account near Cumberland to Corridor H, which MCCLINTOCK, Mr. FLEMING, Mr. PITTS, for changes in the financial industry and stretches from Weston, West Virginia, to Mr. BARTLETT, Mr. SHADEGG, Mr. that reinvestment requirements keep pace as Strasburg, Virginia; to the Committee on FRANKS of Arizona, and Mr. BURTON banks, securities firms, and other financial Transportation and Infrastructure. of Indiana): service providers become affiliates as a re- By Mr. MOORE of Kansas (for himself, H.R. 1472. A bill to establish reporting re- sult of the enactment of the Gramm-Leach- Ms. DELAURO, Ms. CORRINE BROWN of quirements each time funds from Troubled Bliley Act, and for other purposes; to the Florida, Mr. HOLT, Ms. SHEA-PORTER, Assets Relief Program or the American Re- Committee on Financial Services, and in ad- Mr. CHANDLER, Ms. BALDWIN, Mr. covery and Reinvestment Act of 2009 are re- dition to the Committee on Rules, for a pe- OLVER, Ms. KAPTUR, Mr. HINCHEY, ceived or redistributed, and to establish a riod to be subsequently determined by the Mrs. DAVIS of California, Ms. waste, fraud, and abuse hotline for such Speaker, in each case for consideration of SCHWARTZ, Ms. MOORE of Wisconsin, funds, and for other purposes; to the Com- such provisions as fall within the jurisdic- Mr. KENNEDY, Ms. KILPATRICK of mittee on Financial Services, and in addi- tion of the committee concerned. Michigan, Mr. MEEKS of New York, tion to the Committee on Oversight and Gov- By Mr. KAGEN (for himself and Mr. Mr. KUCINICH, Mr. CONYERS, Mr. ernment Reform, for a period to be subse- PETRI): SABLAN, Mr. PAYNE, and Mr. quently determined by the Speaker, in each H.R. 1480. A bill to amend the Tariff Act of CARNAHAN): case for consideration of such provisions as 1930 to require that certain laminated woven H.R. 1490. A bill to establish a grant pro- fall within the jurisdiction of the committee bags be marked with the country of origin; gram to assist in the provision of safety concerned. to the Committee on Ways and Means. measures to protect social workers and other By Mr. BOOZMAN (for himself, Mr. By Mr. KANJORSKI: professionals who work with at-risk popu- WESTMORELAND, Mr. GINGREY of H.R. 1481. A bill to authorize certain States lations; to the Committee on Education and Georgia, Mr. ROSS, Mr. SHUSTER, Mr. to prohibit the importation of solid waste Labor. SNYDER, Mr. BOREN, and Mr. BERRY): from other States, and for other purposes; to By Ms. MOORE of Wisconsin (for her- H.R. 1473. A bill to authorize the Secretary the Committee on Energy and Commerce. self, Mr. ROGERS of Kentucky, and of the Army to establish, modify, charge, By Mr. KANJORSKI: Ms. KAPTUR): and collect recreation fees at lands and wa- H.R. 1482. A bill to amend the Internal Rev- H.R. 1491. A bill to amend the Small Busi- ters administered by the Corps of Engineers; enue Code of 1986 to impose a windfall profit ness Investment Act of 1958 to reauthorize to the Committee on Transportation and In- tax on oil and natural gas (and products and expand the New Markets Venture Cap- frastructure. thereof) and to appropriate the proceeds for ital Program, and for other purposes; to the By Mr. DAVIS of Alabama (for himself, the Low-Income Home Energy Assistance Committee on Small Business. Mr. BOCCIERI, Mr. WALZ, and Mr. Program; to the Committee on Ways and By Mr. PATRICK J. MURPHY of Penn- ALTMIRE): Means, and in addition to the Committee on sylvania (for himself and Mr. WELCH): H.R. 1474. A bill to amend title 38, United Appropriations, for a period to be subse- H.R. 1492. A bill to establish a pilot pro- States Code, to improve the enforcement of quently determined by the Speaker, in each gram to provide assistance for partnerships the Uniformed Services Employment and Re- case for consideration of such provisions as supporting applied sciences in renewable en- employment Rights Act of 1994, and for other fall within the jurisdiction of the committee ergy; to the Committee on Education and purposes; to the Committee on Veterans’ Af- concerned. Labor. fairs, and in addition to the Committees on By Mr. KENNEDY (for himself, Ms. By Mr. PAUL (for himself and Mr. Armed Services, and Oversight and Govern- ROS-LEHTINEN, Mr. FILNER, and Mr. PRICE of Georgia): ment Reform, for a period to be subsequently WU): H.R. 1493. A bill to ensure and foster con- determined by the Speaker, in each case for H.R. 1483. A bill to direct the Secretary of tinued patient safety and quality of care by consideration of such provisions as fall with- Health and Human Services to implement a exempting health care professionals from the in the jurisdiction of the committee con- National Neurotechnology Initiative, and for Federal antitrust laws in their negotiations cerned. other purposes; to the Committee on Energy with health plans and health insurance By Mr. DAVIS of Illinois (for himself, and Commerce. issuers; to the Committee on the Judiciary. Mr. AL GREEN of Texas, Mr. TOWNS, By Mrs. MALONEY: By Mr. PAUL: Mr. RUSH, Mr. LEWIS of Georgia, Ms. H.R. 1484. A bill to award a Congressional H.R. 1494. A bill to ensure that a private WATERS, Ms. EDDIE BERNICE JOHNSON Gold Medal to Rabbi Arthur Schneier in rec- for-profit nursing home affected by a major of Texas, Mr. FATTAH, Mrs. ognition of his pioneering role in promoting disaster receives the same reimbursement as CHRISTENSEN, Ms. CORRINE BROWN of religious freedom and human rights through- a public nursing home affected by a major Florida, Mr. CUMMINGS, and Mr. out the world, for close to half a century; to disaster; to the Committee on Transpor- CLAY): the Committee on Financial Services. tation and Infrastructure. H.R. 1475. A bill to amend title 18, United By Ms. MATSUI (for herself, Mr. LEWIS By Mr. PAUL: States Code, to restore the former system of of Georgia, Mrs. MALONEY, Mr. POE of H.R. 1495. A bill to amend the Internal Rev- good time allowances toward service of Fed- Texas, and Mr. DOGGETT): enue Code of 1986 to make health care cov- eral prison terms, and for other purposes; to H.R. 1485. A bill to amend title 46, United erage more accessible and affordable; to the the Committee on the Judiciary. States Code, to establish requirements to en- Committee on Ways and Means. By Mr. ENGEL (for himself, Mr. INGLIS, sure the security and safety of passengers By Mr. PAUL: Mr. ISRAEL, and Mr. BARTLETT): and crew on cruise vessels, and for other pur- H.R. 1496. A bill to amend the Internal Rev- H.R. 1476. A bill to require automobile poses; to the Committee on Transportation enue Code of 1986 to allow individuals a cred- manufacturers to ensure that not less that 80 and Infrastructure. it against income tax for medical expenses percent of the automobiles manufactured or By Mr. MEEK of Florida: for dependents; to the Committee on Ways sold in the United States by each such manu- H.R. 1486. A bill to amend the Fair Credit and Means. facturer to operate on fuel mixtures con- Reporting Act with respect to requirements By Mr. PAUL: taining 85 percent ethanol, 85 percent meth- relating to information contained in con- H.R. 1497. A bill to amend the Internal Rev- anol, or biodiesel; to the Committee on En- sumer reports, and for other purposes; to the enue Code of 1986 to allow medical care pro- ergy and Commerce. Committee on Financial Services. viders a credit against income tax for un- By Mr. GRIFFITH: By Mr. MEEK of Florida: compensated emergency medical care and to H.R. 1477. A bill to amend the Internal Rev- H.R. 1487. A bill to amend the Electronic allow hospitals a deduction for such care; to enue Code of 1986 to provide an exclusion Fund Transfer Act to require notice to the the Committee on Ways and Means.

VerDate Nov 24 2008 01:40 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\L12MR7.100 H12MRPT1 rfrederick on PROD1PC67 with HOUSE March 12, 2009 CONGRESSIONAL RECORD — HOUSE H3401 By Mr. PAUL: By Mr. WEXLER (for himself and Mr. that this will be a significant step in the H.R. 1498. A bill to amend the Internal Rev- NADLER of New York): long road towards achieving peace and sta- enue Code of 1986 to allow individuals a cred- H.R. 1508. A bill to amend chapter 111 of bility in the Darfur region; to the Committee it against income tax for the cost of insur- title 28, United States Code, relating to pro- on Foreign Affairs. ance against negative outcomes from sur- tective orders, sealing of cases, disclosures of By Mr. HASTINGS of Florida (for him- gery, including against malpractice of a phy- discovery information in civil actions, and self, Mr. LEWIS of Georgia, Mr. sician; to the Committee on Ways and for other purposes; to the Committee on the PAYNE, Mr. FALEOMAVAEGA, Mr. Means. Judiciary. MEEKS of New York, Ms. LEE of Cali- By Mr. PERLMUTTER: By Mr. BACA: fornia, Mr. CLAY, Mr. MEEK of Flor- H.R. 1499. A bill to direct the Secretary of H.J. Res. 40. A joint resolution to honor ida, Mr. BUTTERFIELD, Mr. AL GREEN Homeland Security to conduct a survey to the achievements and contributions of Na- of Texas, and Ms. FUDGE): determine the level of compliance with na- tive Americans to the United States, and for H. Res. 242. A resolution recognizing the tional voluntary consensus standards and other purposes; to the Committee on Natural apology offered by the Government of Aus- any barriers to achieving compliance with Resources. tralia to the aboriginal people and its sig- such standards, and for other purposes; to By Mr. REHBERG: nificance as a gesture of healing for this the Committee on Science and Technology. H. Con. Res. 71. Concurrent resolution ex- proud nation; to the Committee on Foreign By Mr. PETERS: pressing the Sense of the Congress that the Affairs, and in addition to the Committee on H.R. 1500. A bill to amend the Internal Rev- Federal Government should not create a na- the Judiciary, for a period to be subse- enue Code of 1986 to increase and make re- tional database tracking firearm owners or quently determined by the Speaker, in each fundable the dependent care credit; to the firearm purchases; to the Committee on the case for consideration of such provisions as Committee on Ways and Means. Judiciary. fall within the jurisdiction of the committee By Mr. PIERLUISI (for himself, Mr. By Mr. FORBES (for himself and Ms. concerned. SERRANO, Ms. VELA´ ZQUEZ, and Mr. BORDALLO): By Mr. KANJORSKI: GUTIERREZ): H. Con. Res. 72. Concurrent resolution con- H. Res. 243. A resolution recognizing and H.R. 1501. A bill to amend title XVIII of the demning any action of the PRC that could promoting awareness of Chiari malforma- Social Security Act to increase inpatient unnecessarily escalate tensions between our tion; to the Committee on Energy and Com- hospital payments under the Medicare Pro- two countries, including the actions taken merce. gram to Puerto Rico hospitals; to the Com- on March 8, 2009 relating to the USNS Impec- By Mr. MITCHELL (for himself and Ms. mittee on Ways and Means. cable and the subsequent rejection of United ROS-LEHTINEN): By Mr. PIERLUISI (for himself, Mr. States protests to the incident; to the Com- H. Res. 244. A resolution expressing the ´ SERRANO, Ms. VELAZQUEZ, and Mr. mittee on Foreign Affairs. support of the House of Representatives for GUTIERREZ): By Mr. LARSON of Connecticut: the generous charitable donations made by H. Res. 237. A resolution Electing a Mem- H.R. 1502. A bill to amend title XVIII of the Americans; to the Committee on Ways and ber to a certain standing committee of the Social Security Act to provide for equity in Means. the calculation of Medicare disproportionate House of Representatives; considered and share hospital payments for hospitals in agreed to. f Puerto Rico; to the Committee on Ways and By Ms. ROS-LEHTINEN (for herself, Means. Mr. ROYCE, Mr. SMITH of New Jersey, ADDITIONAL SPONSORS By Mr. POSEY: Mr. MCCOTTER, Mr. BURTON of Indi- Under clause 7 of rule XII, sponsors H.R. 1503. A bill to amend the Federal Elec- ana, Mr. ROHRABACHER, Mr. FLAKE, were added to public bills and resolu- tion Campaign Act of 1971 to require the Mr. INGLIS, Mr. BILIRAKIS, and Mr. tions as follows: principal campaign committee of a candidate WOLF): for election to the office of President to in- H. Res. 238. A resolution recognizing the H.R. 22: Mr. SNYDER, Mr. BURGESS, Ms. clude with the committee’s statement of or- threat to international security and basic JACKSON-LEE of Texas, Mr. CARDOZA, Mrs. ganization a copy of the candidate’s birth human dignity posed by the catastrophic de- KIRKPATRICK of Arizona, Mr. PRICE of North certificate, together with such other docu- cline of economic, humanitarian, and human Carolina, Mrs. NAPOLITANO, Mr. FLEMING, mentation as may be necessary to establish rights conditions in the Republic of Mr. RODRIGUEZ, Mr. LANGEVIN, Mr. YARMUTH, that the candidate meets the qualifications Zimbabwe; to the Committee on Foreign Af- Mr. MARIO DIAZ-BALART of Florida, Ms. JEN- for eligibility to the Office of President fairs. KINS, Mr. ORTIZ, and Mr. BERMAN. under the Constitution; to the Committee on By Mr. CHILDERS (for himself, Mr. H.R. 23: Ms. CORRINE BROWN of Florida. House Administration. THOMPSON of Mississippi, Mr. HARP- H.R. 24: Mr. HALL of Texas, Ms. SUTTON, By Mr. RANGEL: ER, and Mr. TAYLOR): Mr. HENSARLING, Mr. CASSIDY, Mr. GARRETT H.R. 1504. A bill to require that, in the H. Res. 239. A resolution honoring the 125th of New Jersey, Mr. COSTELLO, Mr. TIM MUR- questionnaires used in the taking of any de- anniversary of Mississippi University for PHY of Pennsylvania, Mr. CAPUANO, Mr. cennial census of population, a checkbox or Women; to the Committee on Education and WOLF, Mr. BURGESS, Mr. AKIN, Ms. FOXX, Mr. other similar option be included so that re- Labor. MICHAUD, Mr. MCGOVERN, Mr. ORTIZ, Mr. spondents may indicate Dominican extrac- By Ms. SHEA-PORTER (for herself, Mr. ROHRABACHER, Mr. MACK, Mr. TIERNEY, Mr. tion or descent; to the Committee on Over- TOWNS, Mr. PATRICK J. MURPHY of HARE, and Mr. LANGEVIN. sight and Government Reform. Pennsylvania, Mr. YARMUTH, Mr. H.R. 25: Mr. WAMP, Mr. BISHOP of Utah, Mr. By Mrs. SCHMIDT (for herself and Mr. COHEN, Ms. SCHAKOWSKY, Mr. KEN- KLINE of Minnesota, and Mr. FLEMING. OBERSTAR): NEDY, Mr. FILNER, Mr. MOORE of Kan- H.R. 31: Mr. CARNAHAN, Mr. MOLLOHAN, Mr. H.R. 1505. A bill to authorize the Secretary sas, Mr. LOEBSACK, Ms. BALDWIN, Ms. MORAN of Kansas, Mr. WALDEN, and Mr. of Health and Human Services to provide MOORE of Wisconsin, Mr. MEEK of Florida. services for birth parents who have placed a MCDERMOTT, Ms. HIRONO, Mrs. DAVIS H.R. 40: Mr. WATT. child for adoption, and for other purposes; to of California, Mrs. DAHLKEMPER, Mr. H.R. 79: Mr. DAVIS of Tennessee. the Committee on Education and Labor. BARROW, Mr. MITCHELL, Ms. TSONGAS, H.R. 111: Mr. SIRES, Mr. LEE of New York, By Ms. SLAUGHTER (for herself and Ms. MATSUI, Mr. COURTNEY, Mr. Mr. ARCURI, and Mr. MASSA. Mr. BURTON of Indiana): HARE, Ms. DEGETTE, Mr. JONES, Mr. H.R. 116: Mr. SOUDER. H.R. 1506. A bill to provide that claims of BROWN of South Carolina, Mrs. H.R. 144: Mr. JACKSON of Illinois. the United States to certain documents re- MCCARTHY of New York, Ms. SUTTON, H.R. 156: Mr. TIBERI. lating to Franklin Delano Roosevelt shall be and Mr. RODRIGUEZ): H.R. 179: Ms. PINGREE of Maine and Ms. treated as waived and relinquished in certain H. Res. 240. A resolution to support the SPEIER. circumstances; to the Committee on Over- goals and ideals of Professional Social Work H.R. 181: Mr. MICHAUD. sight and Government Reform. Month and World Social Work Day; to the H.R. 186: Mr. FALEOMAVAEGA and Ms. NOR- By Mr. VAN HOLLEN (for himself, Mr. Committee on Education and Labor. TON. WAXMAN, Mr. TOWNS, Mr. BRALEY of By Mr. HASTINGS of Florida (for him- H.R. 206: Mr. MARSHALL. Iowa, and Mr. PLATTS): self, Mr. PALLONE, Ms. JACKSON-LEE H.R. 208: Mr. KLINE of Minnesota. H.R. 1507. A bill to amend chapter 23 of of Texas, Mr. OLVER, Mr. WOLF, Mr. H.R. 211: Mr. KUCINICH, Mr. DONNELLY of title 5, United States Code, relating to dis- HONDA, Ms. MOORE of Wisconsin, Ms. Indiana, Mr. CAO, Mr. KENNEDY, Ms. SPEIER, closures of information protected from pro- LEE of California, Mr. MORAN of Vir- and Mr. CUMMINGS. hibited personnel practices, and for other ginia, Mr. MCCAUL, Mr. CAPUANO, and H.R. 235: Mr. LATTA, Mr. MCGOVERN, Ms. purposes; to the Committee on Oversight and Mr. PERRIELLO): JENKINS, Mr. KLINE of Minnesota, Mr. Government Reform, and in addition to the H. Res. 241. A resolution commending the TIAHRT, Ms. ROS-LEHTINEN, Mr. ELLSWORTH, Committee on Homeland Security, for a pe- International Criminal Court for issuing a Mr. CARTER, and Ms. GIFFORDS. riod to be subsequently determined by the warrant for the arrest of Omar Hassan H.R. 272: Mr. SESTAK and Mr. JONES. Speaker, in each case for consideration of Ahmad al-Bashir, President of the Republic H.R. 302: Mr. LEE of New York. such provisions as fall within the jurisdic- of the Sudan, for war crimes and crimes H.R. 336: Mr. SIRES. tion of the committee concerned. against humanity, and expressing the hope H.R. 370: Mr. SIRES.

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H.R. 391: Mr. MCCLINTOCK. H.R. 988: Mr. ELLISON, Mr. PITTS, Mr. H.R. 1310: Mr. LARSON of Connecticut, Mr. H.R. 404: Mr. CARNAHAN. CLEAVER, Mr. YOUNG of Alaska, Mr. RAHALL, COURTNEY, Mr. KISSELL, Mr. SCOTT of Vir- H.R. 413: Mr. MCHUGH, Mr. HOLT, Mr. Mr. TERRY, and Mr. MORAN of Kansas. ginia, and Mr. ARCURI. PALLONE, Mr. DAVIS of Tennessee, Mr. H.R. 997: Mr. MCCARTHY of California and H.R. 1313: Ms. CORRINE BROWN of Florida, BISHOP of Georgia, Ms. KAPTUR, Mr. MATHE- Ms. JENKINS. Mr. KIND, and Mr. BOOZMAN. SON, Mr. HARE, Mr. COHEN, Mr. DENT, Mr. H.R. 1016: Mr. MORAN of Kansas and Ms. H.R. 1317: Mr. CARNEY. COSTELLO, Mr. RYAN of Ohio, Ms. JACKSON- PINGREE of Maine. H.R. 1326: Mr. SESTAK and Mr. LARSON of LEE of Texas, Mr. SPACE, Mr. SCOTT of Geor- H.R. 1024: Mr. PASTOR of Arizona and Mr. Connecticut. gia, Mr. LOBIONDO, Mr. PLATTS, Mr. TIM BAIRD. H.R. 1329: Ms. SCHWARTZ. MURPHY of Pennsylvania, and Mr. CONNOLLY H.R. 1032: Ms. TITUS and Mr. LYNCH. H.R. 1330: Mr. SESTAK. of Virginia. H.R. 1044: Ms. MATSUI, Mr. THOMPSON of H.R. 1334: Mr. CUMMINGS. H.R. 422: Mr. DAVIS of Illinois and Mr. California, and Mrs. CAPPS. H.R. 1346: Mr. LANGEVIN and Ms. KILROY. H.R. 1050: Mr. ROGERS of Kentucky, Mr. REICHERT. H.R. 1351: Mr. YARMUTH, Mr. LEWIS of Geor- HARPER, Mr. LINDER, and Mr. MORAN of Kan- H.R. 424: Mr. COHEN. gia, Mr. CANTOR, and Ms. SCHWARTZ. sas. H.R. 464: Mr. COLE. H.R. 1362: Mr. BOUCHER, Mr. MORAN of Vir- H.R. 1053: Mr. SARBANES. H.R. 503: Mr. ARCURI and Mr. ENGEL. ginia, Ms. BORDALLO, Ms. HIRONO, Mr. H.R. 1059: Mr. GORDON of Tennessee. H.R. 510: Mr. MICHAUD and Mr. STUPAK. MCGOVERN, Mr. FARR, Mr. DEFAZIO, and Mr. H.R. 1067: Mr. KANJORSKI. H.R. 555: Ms. JACKSON-LEE of Texas, Ms. SIRES. H.R. 1068: Ms. KAPTUR and Ms. SLAUGHTER. EDDIE BERNICE JOHNSON of Texas, and Mr. H.R. 1385: Mr. ABERCROMBIE. NADLER of New York. H.R. 1083: Ms. JACKSON-LEE of Texas. H.R. 1085: Mrs. NAPOLITANO, Mr. YOUNG of H.R. 1388: Ms. CLARKE, Ms. SHEA-PORTER, H.R. 574: Ms. KAPTUR and Ms. GINNY Florida, and Mr. PASTOR of Arizona. Mr. ALTMIRE, Mr. KLINE of Minnesota, Mr. BROWN-WAITE of Florida. H.R. 1086: Mr. CALVERT, Mr. CULBERSON, PAYNE, Mr. HOLT, Mrs. MALONEY, Ms. WOOL- H.R. 616: Mr. MCHENRY, Mr. LOBIONDO, Mr. Mr. FORBES, Mr. KIRK, and Mr. HASTINGS of SEY, Mr. KUCINICH, Mr. FATTAH, Mr. VAN PETRI, Mr. CONNOLLY of Virginia, Mr. Washington. HOLLEN, Mr. WELCH, and Mr. RANGEL. LUETKEMEYER, Mr. REHBERG, and Mr. DUN- H.R. 1092: Mr. NADLER of New York and Ms. H.R. 1389: Mrs. MALONEY and Mrs. LOWEY. CAN. SHEA-PORTER. H.R. 1401: Mr. GRIJALVA. H.R. 626: Mr. AL GREEN of Texas. H.R. 1095: Mr. HARE. H.R. 1410: Mr. FARR and Mr. SIRES. H.R. 627: Mr. ARCURI, Mr. LANGEVIN, Mr. H.R. 1132: Mr. SHUSTER, Mr. BRALEY of H.R. 1412: Mr. AL GREEN of Texas and Mr. HALL of New York, Mr. DAVIS of Illinois, and Iowa, Mr. COLE, Mr. MARSHALL, Mr. CLAY. Mr. ABERCROMBIE. YARMUTH, Mr. LATHAM, and Mr. ROE of Ten- H.R. 1416: Mr. ADLER of New Jersey. H.R. 630: Mr. WESTMORELAND, Mr. POSEY, nessee. H.R. 1437: Mr. RODRIGUEZ and Mr. Mr. CULBERSON, Mr. CHAFFETZ, Mr. SHADEGG, H.R. 1136: Mr. MASSA. CONAWAY. Mr. OLSON, and Mr. LATTA. H.R. 1142: Mr. RYAN of Ohio. H.R. 1440: Mr. MICA. H.R. 678: Mr. CASSIDY and Mr. GOODLATTE. H.R. 1156: Mr. SESTAK. H.R. 1441: Mr. YARMUTH. H.R. 684: Mr. CONNOLLY of Virginia. H.R. 1158: Mr. FORTENBERRY. H.J. Res. 1: Mr. AUSTRIA and Mr. MICA. H.R. 745: Mr. CRENSHAW, Mr. KING of Iowa, H.R. 1189: Mr. BARTON of Texas. H.J. Res. 26: Mr. DUNCAN. Mrs. CAPITO, Mrs. BIGGERT, Mrs. MILLER of H.R. 1191: Mr. CONNOLLY of Virginia and H. Con. Res. 34: Mr. HERGER. Michigan, Ms. ROS-LEHTINEN, Mr. YOUNG of Mr. LARSEN of Washington. H. Con. Res. 36: Mr. INGLIS. Florida, Mr. BOOZMAN, Mrs. EMERSON, Mr. H.R. 1203: Mr. LOEBSACK, Mr. BRADY of H. Con. Res. 55: Mr. ORTIZ, Mr. MICHAUD, REICHERT, Mr. SULLIVAN, Mr. GOODLATTE, Pennsylvania, Mr. BARROW, Mrs. Mr. SAM JOHNSON of Texas, Mr. DUNCAN, Mr. Mr. OBERSTAR, and Mr. TURNER. NAPOLITANO, Mr. SULLIVAN, Mr. ISRAEL, Mrs. FRANKS of Arizona, Mrs. SCHMIDT, Mr. FLEM- H.R. 753: Ms. WOOLSEY, Mr. SESTAK, Mr. TAUSCHER, Mr. CONYERS, Mr. FARR, Mr. ING, Mr. MCHENRY, Mr, LATTA, Mr. SMITH of MCMAHON, and Mr. HONDA. YOUNG of Alaska, Mr. FORBES, Mr. PALLONE, Texas, Mr. AKIN, Mrs. LUMMIS, Mr. POSEY, H.R. 758: Mr. GRIFFITH. Mr. TEAGUE, Mrs. BIGGERT, Mr. LOBIONDO, H.R. 764: Mr. ROGERS of Kentucky. Mr. THOMPSON of Pennsylvania, Mr. BROUN of Mr. ROTHMAN of New Jersey, Mr. GORDON of Georgia, Ms. LINDA T. SA´ NCHEZ of California, H.R. 774: Mr. TONKO. Tennessee, Mr. LATOURETTE, Mr. WU, Mr. H.R. 816: Mrs. EMERSON, Mr. BURGESS, Mr. Mr. CANTOR, Ms. TITUS, and Mr. CLEAVER. WITTMAN, Mr. HOLDEN, Mr. ACKERMAN, Mr. H. Con. Res. 60: Mr. CARTER, Mr. MINNICK, and Mr. PAUL. BURTON of Indiana, Mr. TIAHRT, Mr. MAR- AXMAN CHAKOWSKY MARCHANT, Mr. SMITH of Texas, Mr. BARTON H.R. 832: Mr. W , Ms. S , SHALL, Mr. MOORE of Kansas, Mr. BERMAN, IRES of Texas, Mr. SESSIONS, Mr. BURGESS, Mr. and Mr. S . Ms. ROS-LEHTINEN, Mr. ROGERS of Kentucky, H.R. 836: Mr. GRIJALVA, Mr. MACK, Mr. CULBERSON, Mr. GOHMERT, Mr. HALL of Mr. BOSWELL, Mr. KRATOVIL, Mr. FRELING- MICA, Mr. SHUSTER, Mr. ROHRABACHER, Mr. Texas, Mr. MCCAUL, Mr. BRADY of Texas, Mr. HUYSEN, Mrs. LUMMIS, Mr. GOHMERT, Mr. ROYCE, Mr. MANZULLO, Mr. BURTON of Indi- CONAWAY, and Mr. NEUGEBAUER. SCOTT of Georgia, Ms. GIFFORDS, Mr. LEWIS AGEN DDIE ERNICE OHNSON H. Res. 69: Ms. ROYBAL-ALLARD. ana, Mr. K , Ms. E B J OODLATTE of Georgia, and Mr. G . H. Res. 109: Mr. MCGOVERN. of Texas, Mr. AKIN, Mr. LINCOLN DIAZ- H.R. 1205: Ms. CORRINE BROWN of Florida, H. Res. 130: Mr. BRALEY of Iowa, Ms. KAP- BALART of Florida, Mr. ROGERS of Michigan, Ms. BORDALLO, and Ms. BERKLEY. ´ TUR, Ms. ZOE LOFGREN of California, and Mr. Mr. ABERCROMBIE, Ms. LINDA T. SANCHEZ of H.R. 1209: Mr. LEWIS of California, Mr. STUPAK. California, and Mr. ROTHMAN of New Jersey. MCKEON, and Mr. YOUNG of Alaska. H. Res. 156: Mr. INGLIS. H.R. 847: Mr. SESTAK. H.R. 1210: Mr. PAYNE, Mr. ABERCROMBIE, H. Res. 164: Ms. HARMAN. H.R. 868: Mr. MORAN of Kansas and Mr. KIL- Ms. WATSON, Mr. TIERNEY, Mr. CONNOLLY of H. Res. 175: Mr. SCHOCK, Mr. BILBRAY, Mr. DEE. Virginia, and Mr. OBERSTAR. INGLIS, Mrs. TAUSCHER, and Mr. DAVIS of Illi- H.R. 873: Mr. ENGEL and Mr. SPACE. H.R. 1222: Mr. PETERSON. nois. H.R. 877: Mr. CRENSHAW. H.R. 1238: Mrs. SCHMIDT and Mr. SMITH of H.R. 890: Mr. VAN HOLLEN, Mr. HEINRICH, Texas. H. Res. 200: Mr. INGLIS. Mr. WELCH, Mr. LUJAN, Mr. CASTLE, Mr. H.R. 1240: Mr. KENNEDY and Mr. GORDON of H. Res. 204: Mr. LAMBORN, Mr. SPACE, Mr. CONNOLLY of Virginia, Mr. PATRICK J. MUR- Tennessee. SMITH of New Jersey, Ms. KILROY, and Mr. PHY of Pennsylvania, Mr. DEFAZIO, Ms. H.R. 1242: Mr. HODES. KENNEDY. SCHAKOWSKY, Mr. EHLERS, Mr. BERMAN, Mr. H.R. 1245: Mr. TIBERI, Mr. MCKEON, Mr. H. Res. 208: Mr. KING of New York and Mr. FRANK of Massachusetts, Mrs. MALONEY, Mr. DREIER, Mr. LEWIS of California, Mr. BARRETT of South Carolina. HODES, Mr. MCGOVERN, Mr. PALLONE, Ms. BILBRAY, Mr. HUNTER, Mr. NUNES, and Mr. H. Res. 209: Mr. WILSON of South Carolina. HARMAN, Mr. CARSON of Indiana, Mr. POLIS, MCCARTHY of California. H. Res. 211: Ms. TITUS and Mr. SERRANO. Mr. LOEBSACK, Mrs. CHRISTENSEN, Mr. INS- H.R. 1250: Mr. CONAWAY. H. Res. 217: Mr. CHANDLER, Mr. BARROW, LEE, Mrs. CAPPS, Mr. MCNERNEY, Mr. H.R. 1261: Mr. PETERSON. Mr. GRIJALVA, Mr. HINOJOSA, and Ms. KAP- LOBIONDO, and Mr. TONKO. H.R. 1277: Mr. BLUNT, Mr. MARCHANT, Mr. TUR. H.R. 914: Mr. PLATTS, Mr. ALEXANDER, Mr. RADANOVICH, Mr. LATTA, Ms. FOXX, Mr. JONES, Mr. SESSIONS, Ms. NORTON, and Mr. HERGER, Mr. SCALISE, Mr. MANZULLO, Mr. f WHITFIELD. CULBERSON, Mr. GINGREY of Georgia, Mrs. H.R. 930: Mr. REYES. SCHMIDT, Mr. MCCLINTOCK, Mr. BARTLETT, H.R. 958: Mr. PASTOR of Arizona, Ms. Mr. BRADY of Texas, Mr. PITTS, Mr. FLEMING, DELETIONS OF SPONSORS FROM CORRINE BROWN of Florida, Mr. CONYERS, Ms. Mr. OLSON, and Mr. DANIEL E. LUNGREN of PUBLIC BILLS AND RESOLUTIONS KAPTUR, and Mr. COURTNEY. California. Under clause 7 of rule XII, sponsors H.R. 963: Mr. COHEN. H.R. 1283: Mr. BAIRD and Mr. SNYDER. were deleted from public bills and reso- H.R. 980: Mr. HARE and Ms. SLAUGHTER. H.R. 1285: Mr. MINNICK. H.R. 984: Mr. HOLT. H.R. 1294: Mr. CUELLAR, Mr. CHAFFETZ, Mr. lutions as follows: H.R. 985: Mr. CLAY. SHIMKUS, Mr. STEARNS, and Mr. LAMBORN. H.R. 31: Mr. MANZULLO.

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Vol. 155 WASHINGTON, THURSDAY, MARCH 12, 2009 No. 44 Senate The Senate met at 11 a.m. and was U.S. SENATE, ward again, for the information of all called to order by the Honorable PRESIDENT PRO TEMPORE, Senators. A widely popular bill we sent KIRSTEN E. GILLIBRAND, a Senator from Washington, DC, March 12, 2009. to the House was put on the consent the State of New York. To the Senate: calendar yesterday and failed by two Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby votes. So we will have to start that PRAYER appoint the Honorable KIRSTEN E. process over here again. One of the The Chaplain, Dr. Barry C. Black, of- GILLIBRAND, a Senator from the State of New things they are talking about doing is fered the following prayer: York, to perform the duties of the Chair. adding another Idaho wilderness provi- Let us pray. ROBERT C. BYRD, sion to that bill and to send it back O God, our Father, thank You for President pro tempore. over here. But I would hope perhaps we filling our lives with good things. We Mrs. GILLIBRAND thereupon as- can work something out with people praise You for the daily miracles of sumed the chair as Acting President who want us to have to go through all light and shadows, work and rest, life pro tempore. the procedural processes. I hope we do and love. Lord, we are grateful for f not have to do that. If we do, that is Your generosity that brings us high what we will do. We will have a vote RECOGNITION OF THE MAJORITY Monday morning on cloture unless we thoughts that uplift and pure hopes LEADER that beckon and bind us to You. We can get something worked out with even thank You today for disappoint- The ACTING PRESIDENT pro tem- those who are opposing this. ments and failures that humble us and pore. The majority leader is recog- Then, next week, that being the case, for pain and distress that remind us of nized. we will spend some time on the lands our need for You. f bill. I have indicated to the Republican leader we are going to do national serv- Finally, we thank You for the women SCHEDULE and men of the U.S. Senate, who strive ice this work period. The House is to keep freedom’s torch burning. Mr. REID. Madam President, fol- going to pass that probably next Tues- Awaken in them a deeper appreciation lowing leader remarks, the Senate will day, allowing us to get to it toward the for Your loving providence, as You give proceed to a period of morning business end of the week or the following week. them a heightened sense of the special until 12 o’clock noon, with Senators al- And then, of course, the final week we role You want them to play in the un- lowed to speak for up to 10 minutes are here we have to do the budget. folding drama of American history. each during that period of time. Fol- f We pray in Your loving Name. Amen. lowing morning business, the Senate will proceed to executive session to de- PRODUCTIVE TIME f bate the nomination of David Ogden to Mr. REID. Madam President, we have be Deputy Attorney General. There had a very productive time in the Sen- PLEDGE OF ALLEGIANCE will be 2 hours for debate equally di- ate so far this year. We have done The Honorable KIRSTEN E. vided and controlled between the two things that have led to the President GILLIBRAND led the Pledge of Alle- leaders or their designees. At 2 p.m., signing the bills. One of the things we giance, as follows: the Senate will vote on the confirma- talked about—the first thing we did I pledge allegiance to the Flag of the tion of Mr. Ogden. was the lands bill. We are going to do United States of America, and to the Repub- Following the vote, the Senate will that again. We passed the Lilly lic for which it stands, one nation under God, consider the nomination of Thomas Ledbetter legislation. That has been indivisible, with liberty and justice for all. Perrelli to be Associate Attorney Gen- signed into law. That puts women on a eral. Under an agreement that was more equal footing with men as regard- f reached yesterday, the debate will be ing pay. We passed the children’s limited to 90 minutes, with the time health insurance initiative, giving APPOINTMENT OF ACTING equally divided and controlled. Upon more than 4 million poor children the PRESIDENT PRO TEMPORE the use or yielding back of time, the ability to go to a doctor when they are The PRESIDING OFFICER. The Senate will vote on confirmation of the sick or hurt. We passed the economic clerk will please read a communication Perrelli nomination. recovery package which is now begin- to the Senate from the President pro We will continue to work on agree- ning to filter money into the States. It tempore (Mr. BYRD). ments to consider additional nomina- should start happening quite rapidly in The legislative clerk read the fol- tions this week. I expect to file cloture the next few weeks. And then, Tuesday lowing letter: on a matter to move the lands bill for- evening, we passed the makeup work

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

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VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.000 S12MRPT1 jbell on PROD1PC69 with SENATE S3036 CONGRESSIONAL RECORD — SENATE March 12, 2009 from the Bush administration, passing bill, House Democrats are already talk- will see it as the change they have been that appropriations bill that was a ing about a second stimulus. It sounds promised. makeup of all the bills we could not get to me as if they have already concluded In the words of the current President done during the last few months of the that the first trillion dollar stimulus and CEO of the Federal Reserve Bank Bush administration. bill is a failure and was nothing more of Kansas City, Thomas Hoenig: Now we are going to, as I indicated, than a downpayment on their social We have been slow to face up to the funda- do these nominations. So we have had agenda. mental problems in our financial system and a very productive time. We have a lot I know Missourians and many Ameri- reluctant to take decisive action with re- more to do. But we should look satis- cans agree that a trillion dollars is a spect to failing institutions. factorily on what we have already terrible thing to waste. This is one eco- We saw what happened in Japan done. nomic crisis we cannot simply pay our when policymakers lacked the political will and were slow to clean up its sick f way out of. The bottom line is that our economy will not recover and condi- banking system—a decade-long reces- MEASURE PLACED ON THE tions for families, workers, and small sion. That is why I believe we need a CALENDAR—S. 570 businesses will not improve until we bold, coherent, and tested plan that Mr. REID. Madam President, it is my get to the root of the problem and rid will address the root causes of our eco- understanding that S. 570 is at the desk our financial system of toxic assets. nomic crisis, and the experts agree. and due for a second reading. That is what the President said when They have been unanimous, and I have The ACTING PRESIDENT pro tem- he addressed the joint session. He said: talked to many of them: people such as pore. The clerk will read the title of We must solve the credit problem or the former FDIC Chairman Bill the bill for the second time. nothing else will work. Seidman, who ran the successful RTC The legislative clerk read as follows: Well, to date, the Obama administra- program to clean up the savings and A bill (S. 570) to stimulate the economy tion seems as though they have been loan crisis; the former Fed Chairman, and create jobs at no cost to the taxpayers, trying to treat every cut and bruise on Alan Greenspan. The Presidents and and without borrowing money from foreign a patient who is experiencing cardiac CEOs of the Federal Reserve Banks of governments for which our children and arrest. Their strategy has been to ad- St. Louis, Kansas City, and Boston be- grandchildren will be responsible, and for lieve we must address the toxic assets other purposes. dress each perceived crisis as a new one in an ad hoc manner. That has gone clogging our financial system. Under my American credit cleanup Mr. REID. Madam President, I would back to last fall under the previous ad- plan, which I have talked about before object to any further proceedings with ministration. The Treasury strategy on this floor, the Government can put respect to this bill. has been to address the symptoms, not The ACTING PRESIDENT pro tem- to work statutory authorities long the underlying illness, and it is one pore. Objection is heard. used by the FDIC for failed banks. We that, unfortunately, we have followed The bill will be placed on the cal- know this plan can work. It worked here. endar. during the savings and loan crisis, and Let’s take a look at what ‘‘ad- Mr. REID. I suggest the absence of a it can work again to solve the credit hocracy’’ has done for us: crunch. It works every day when the quorum. February’s unemployment numbers The ACTING PRESIDENT pro tem- FDIC goes in to shut down failed insti- came out last Friday. Our Nation is pore. The clerk will call the roll. tutions, and it can work right now in now struggling under the highest un- The legislative clerk proceeded to this major crisis. When we boil it down, employment rate in more than 20 call the roll. it is not easy, but the solution is sim- years—8.1 percent. This is more than a Mr. BOND. Madam President, I ask ple—three steps: First, identify the number of millions of Americans who unanimous consent that the order for sick banks; second, remove the toxic have been laid off and are struggling to the quorum call be rescinded. assets, protect depositors, and fire the The ACTING PRESIDENT pro tem- find new jobs. That is right—millions. failed executives and board of directors Almost 2 million workers have lost pore. Without objection, it is so or- who caused this mess; third, relaunch their jobs in the last 3 months. The lat- dered. cleansed healthy banks back into the est job numbers are another sad re- private market; get the Government f minder that right now our financial out so the banks can get about doing RESERVATION OF LEADER TIME system is not working. It has been their job of providing credit; no more The ACTING PRESIDENT pro tem- clogged with toxic debt. of us fighting on the floor of how much The Treasury’s ad hoc approach is pore. Under the previous order, the a failed executive of a failed bank not working. The President’s approach leadership time is reserved. should be paid. Get them out. seems to be to appease his different f This is the right approach that pro- constituencies with one boutique ini- vides a clear exit strategy. It puts an MORNING BUSINESS tiative after another, and we have end to throwing more and more billions The ACTING PRESIDENT pro tem- racked up over a trillion dollars in debt of good taxpayer dollars into failing pore. Under the previous order, there doing so. That effort—that ‘‘spend- banks. It is the right approach to put will now be a period of morning busi- ulus’’ bill—is going to stimulate the our economy back on the road. ness until 12 noon, with Senators per- debt. It is going to stimulate the I call on the President and his eco- mitted to speak for up to 10 minutes growth of Government. But it will not nomic team to get past their denial each. stimulate the economy or jobs. about the serious illness facing our Mr. REID. Madam President, I sug- We have to focus on the urgent pri- economy. Their trillion-dollar box of gest the absence of a quorum. ority. I hope it does not take another 2 Band-Aids isn’t going to work. Stop The ACTING PRESIDENT pro tem- million workers to face layoffs before pouring good taxpayer dollars into pore. The clerk will call the roll. the administration gets serious about failed banks with no plan and no strat- The assistant legislative clerk pro- addressing this crisis. egy. We have a skilled surgeon in the ceeded to call the roll. Yesterday, the President said we FDIC who has operated on failed banks Mr. BOND. Madam President, I ask need some ‘‘adult supervision’’ in and has the experience and knowledge unanimous consent that the order for Washington. I could not agree more. to deal with toxic assets. the quorum call be rescinded. We definitely need some adult super- Last night, a reporter was ques- The ACTING PRESIDENT pro tem- vision in the Treasury Department tioning me and said, ‘‘Everybody is pore. Without objection, it is so or- when it comes to addressing our credit talking about removing toxic assets.’’ dered. crisis. We need someone who is willing Well, that is the problem. f to make tough choices, not just slap- In the words of one of my favorite ping new names on old ineffective pro- country music songs, we need a little AMERICAN CREDIT CLEANUP PLAN grams and throwing billions of tax- less talk and a lot more action. If the Mr. BOND. Madam President, after payer dollars into failed financial insti- FDIC’s current authorities are insuffi- passing the trillion-dollar ‘‘spend-ulus’’ tutions in the hopes that Americans cient, Congress must stand ready to

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.005 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3037 provide any tools or resources the cial crisis or any other financial crisis were as ‘‘too big to fail.’’ A rationale for such ac- FDIC needs to complete the surgery. I handed a blueprint that carried a guarantee tions is that the failure of a large institution have cosponsored S. 541 with Senator of success. I don’t accept that we have lost would have a systemic impact on the econ- our ability to solve a new problem, espe- omy. It is emphasized that markets have be- DODD to expand the FDIC borrowing cially when it looks like a familiar problem. come more complex, and institutions—both authority. I call on our leadership to CURRENT POLICY ACTIONS AND PROBLEMS bank and nonbank entities—are now larger bring it up, to add authority for the and connected more closely through a com- FDIC to regulate bank holding compa- Much has been written about how we got into our current situation, most notably the plicated set of relationships. Often, they nies. Give them the tool and let them breakdowns in our mortgage finance system, point to the negative impact on the economy use it. weak or neglected risk management prac- caused by last year’s failure of Lehman The Obama administration must face tices, and highly leveraged and inter- Brothers. History, however, may show us another ex- the reality that major surgery on our connected firms and financial markets. Be- perience. When examining previous financial cause this has been well-documented, today I financial institutions is imperative to crises, in other countries as well as in the will focus on the policy responses we have extract toxic assets clogging our finan- United States, large institutions have been tried so far and where they appear to be fall- cial system so the economy can re- allowed to fail. Banking authorities have cover. No more throwing billions at ing short. A wide range of policy steps has been been successful in placing new and more re- failed banks. Send in the FDIC. This is taken to support financial institutions and sponsible managers and directors in charge one crisis where hope won’t be enough. improve the flow of credit to businesses and and then reprivatizing them. There is also We must act, and we must act now. households. In the interest of time, I will go evidence suggesting that countries that have Madam President, I ask unanimous over the list quickly. tried to avoid taking such steps have been consent that the remarks of Thomas As a means of providing liquidity to the fi- much slower to recover, and the ultimate nancial system and the economy, the Fed- cost to taxpayers has been larger. Hoenig, the President and CEO of the There are several examples that illustrate eral Reserve has reduced the targeted federal Federal Reserve Bank of Kansas City, these points and show what has worked in funds rate in a series of steps from 5.25 per- be printed in the RECORD. previous crises and what hasn’t. A compari- cent at mid-year 2007 to the present 0 to 25 son that many are starting to draw now is There being no objection, the mate- basis-point range. In addition, the Federal with what happened in Japan and Sweden. rial was ordered to be printed in the Reserve has instituted a wide range of new Japan took a very gradual and delayed ap- RECORD, as follows: lending programs and, through its emer- proach in addressing the problems in its gency lending powers, has extended this TOO BIG HAS FAILED banks. A series of limited steps spread out lending beyond depository institutions. Two years ago, we started seeing a problem over a number of years were taken to slowly The Treasury Department. the Federal Re- in a specialized area of financial markets remove bad assets from the banks, and Japan serve and other regulators have also ar- that many people had never heard of, known put off efforts to address an even more fun- ranged bailouts and mergers for large strug- as the subprime mortgage market. At that damental problem—a critical shortage of gling or insolvent institutions, including time, most policymakers thought the prob- capital in these banks. As a result, the banks Fannie Mae and Freddie Mac, Bear Stearns, lems would be self-contained and have lim- were left in the position of having to focus WaMu, Wachovia, AIG, Countrywide, and ited impact on the broader economy. Today, on past problems with little resources avail- Merrill Lynch. But other firms, such as Leh- we know differently. We are in the midst of able to help finance any economic recovery. a very serious financial crisis, and our econ- man Brothers, have been allowed to fail. In contrast, Sweden took decisive steps to The Treasury has invested public fluids, omy is under significant stress. identify losses in its major financial institu- buying preferred stock in more than 400 fi- Over the past year, the Federal govern- tions and insisted that solvent institutions nancial institutions through the TARP pro- ment and financial policy makers have en- restore capital and clean up their balance gram. TARP money has also been used to acted numerous programs and committed sheets. The Swedish government did provide fund government guarantees of more than trillions of dollars of public funds to address loans to solvent institutions, but only if $400 billion of securities held by major finan- the crisis. And still the problems remain. We they also raised private capital. have yet to restore confidence and trans- cial institutions, such as CitiGroup and Sweden dealt firmly with insolvent institu- parency to the financial markets, leaving Bank of America. In addition, the Federal tions, including operating two of the largest lenders and investors wary of making new Reserve and the Treasury Department have banks under governmental oversight with commitments. committed more than $170 billion to bail out the goal of bringing in private capital within The outcome so far, while disappointing, is the troubled insurance company AIG. a reasonable amount of time. To deal with Other actions have included increased de- perhaps not surprising. the bad assets in these banks, Sweden cre- posit insurance limits and guarantees for We have been slow to face up to the funda- ated well-capitalized asset management cor- bank debt instruments and money market mental problems in our financial system and porations or what we might call ‘‘bad mutual funds. reluctant to take decisive action with re- banks.’’ This step allowed the problem assets The most recent step is the Treasury fi- spect to failing institutions. We are slowly to be dealt with separately and systemati- nancial stability plan, which provides for a beginning to deal with the overhang of prob- cally, while other banking operations contin- new round of TARP spending and controls, lem assets and management weaknesses in ued under a transparent and focused frame- assistance for struggling homeowners, and a some of our largest firms that this crisis is work. revealing. We have been quick to provide li- plan for a government/private sector part- The end result of this approach was to re- quidity and public capital, but we have not nership to buy up bad assets held by finan- store confidence in the Swedish banking sys- defined a consistent plan and not addressed cial institutions and others. tem in a timely manner and limit the The sequence of these actions, unfortu- basic shortcomings and, in some cases, the amount of taxpayer losses. Sweden, which nately, has added to market uncertainty. In- insolvent position of these institutions. experienced a real estate decline more severe vestors are understandably watching to see We understandably would prefer not to than that in the United States, was able to which institutions will receive public money ‘‘nationalize’’ these businesses, but in react- resolve its banking problems at a long term and survive as wards of the state. ing as we are, we nevertheless are drifting net cost of less than 2 percent of GDP. Any financial crisis leaves a stream of into a situation where institutions are being We can also learn a great deal from how losses embedded among the various partici- nationalized piecemeal with no resolution of the United States has dealt with previous pants, and these losses must ultimately be the crisis. crises. There has been a lot written attempt- borne by someone. To start the resolution With conditions deteriorating around us, I ing to draw parallels with the Great Depres- process, management responsible for the will offer my views on how we might yet deal sion. The main way that we dealt with strug- problems must be replaced and the losses with the current state of affairs. I’ll start gling banks at that time was through the Re- identified and taken. Until these kinds of ac- with a brief overview of the policy actions construction Finance Corporation. we have been pursuing, but I will also pro- tions are taken, there is little chance to re- Without going into great detail about the vide perspective on the actions we have store market confidence and get credit mar- RFC, I will note the four principles that taken and the outcomes we have experienced kets flowing. It is not a question of avoiding Jesse Jones, the head of the RFC, employed in previous financial crises. Finally, I will these losses, but one of how soon we will in restructuring banks. The first step was to suggest what lessons we might take from take them and get on to the process of recov- write down a bank’s bad assets to realistic these previous crises and apply to working ery. Economist Allan Meltzer may have ex- economic values. Next, the RFC would judge our way out of the current crisis. pressed this point best when he said that the character and capacity of bank manage- In suggesting alternative solutions, I ac- ‘‘capitalism without failure is like religion ment and make any needed and appropriate knowledge it is no simple matter to solve. without sin.’’ changes. The third step was to inject equity People say ‘‘it can’t be done’’ when speaking WHAT MIGHT WE LEARN FROM PREVIOUS in the form of preferred stock, but this step of allowing large institutions to fail. But I FINANCIAL CRISES? did not occur until realistic asset values and don’t think that those who managed the Re- Many of the policy actions I just described capable management were in place. The final construction Finance Corporation, the Reso- provide support to the largest financial insti- step was receiving the dividends and eventu- lution Trust Corporation, the Swedish finan- tutions, those that are frequently referred to ally recovering the par value of the stock as

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.007 S12MRPT1 jbell on PROD1PC69 with SENATE S3038 CONGRESSIONAL RECORD — SENATE March 12, 2009 a bank returned to profitability and full pri- First, the losses in the financial system front that the FDIC’s resources and other fi- vate ownership. won’t go away—they will only fester and in- nancial industry support funds may not al- At one point in 1933, the RFC held capital crease while impeding our chances for a re- ways be sufficient for this task and that in more than 40 percent of all banks, rep- covery. Treasury money may also be needed. resenting one-third of total bank capital ac- Second, we must take a consistent, timely, Next, public authorities should use receiv- cording to some estimates, but because of and specific approach to major institutions ership, conservatorship or ‘‘bridge bank’’ the four principles of Jesse Jones, this was and their problems if we are to reduce mar- powers to take over the failing institution all carried out without any net cost to the ket uncertainty and bring in private inves- and continue its operations under new man- government or to taxpayers. tors and market funding. agement. Following what we have done with If we compare the TARP program to the Third, if institutions—no matter what banks, a receiver would then take out all or RFC, TARP began without a clear set of their size—have lost market confidence and a portion of the bad assets and either sell the principles and has proceeded with what can’t survive on their own, we must be will- remaining operations to one or more sound seems to be an ad hoc and less-than-trans- ing to write down their losses, bring in capa- financial institutions or arrange for the op- parent approach in the case of banks judged ble management, sell off and reorganize mis- erations to continue on a bridge basis under ‘‘too big to fail.’’ In both the RFC and Swed- aligned activities and businesses, and begin new management and professional oversight. ish experiences, triage was first used to set the process of restoring them to private own- In the case of larger institutions with com- priorities and determine what institutions ership. plex operations, such bridge operations should be addressed immediately. TARP How can we do this today in an era where would need to continue until a plan can be treated the largest institutions as one. As we we have to deal with systemic issues rising carried out for cleaning up and restructuring move forward from here, therefore, we would not only from very large banks, but also the firm and then reprivatizing it. be wise to have a systematic set of principles from many other segments of the market- Shareholders would be forced to bear the and a detailed plan to guide us. place? I would be the first to acknowledge full risk of the positions they have taken and Another example we need to be aware of that some things have changed in our finan- suffer the resulting losses. The newly re- relates to the thrift problems of the 1980s. cial markets, but financial crises continue to structured institution would continue the es- Because the thrift insurance fund was inad- occur for the same reasons as always—over- sential services and operations of the failing equate to avoid the losses embedded in thrift optimism. excessive debt and leverage ratios, firm. balance sheets, an attempt was made to and misguided incentives and perspectives— All existing obligations would be addressed cover over the losses with net worth certifi- and our solutions must continue to address and dealt with according to whatever pri- cates and expanded powers that were sup- these basic problems. ority is set up for handling claims. This posed to allow thrifts to grow out of their The process we use for failing banks—al- could go so far as providing 100 percent guar- problems. A notable fraction of the thrift in- beit far from perfect in dealing with ‘‘too big antees to all liabilities, or, alternatively, it dustry was insolvent, but continued to oper- to fail’’ banks—provides some first insight could include resolving short-term claims ate as so-called ‘‘zombie’’ or ‘‘living dead’’ into the principles we should establish in expeditiously and, in the case of uninsured thrifts. As you may recall, this attempt to dealing with financial institutions of any claims, giving access to maturing funds with postpone closing insolvent thrifts did not type. the potential for haircuts depending on ex- end well, but instead added greatly to the Our bank resolution framework focuses on pected recoveries, any collateral protection eventual losses and led to greater real estate timely action to protect depositors and other and likely market impact. problems. claimants, while limiting spillover effects to There is legitimate concern for addressing A final example—our approach to large the economy. Insured depositors at failed these issues when institutions have signifi- bank problems in the 1980s and early 1990s— banks typically gain full and immediate ac- cant foreign operations. However, if all li- shows that we have taken some steps to deal cess to their funds, while uninsured deposi- abilities are guaranteed, for example, and with banking organizations that are consid- tors often receive quick, partial payouts the institution is in receivership, such inter- ered ‘‘too big to fail’’ or very important on a based on expected recoveries. national complexities could be addressed sat- regional level. To provide for a continuation of essential isfactorily. The most prominent example is Conti- banking services, the FDIC may choose from One other point in resolving ‘‘too big to nental Illinois’ failure in 1984. Continental a variety of options, including purchase and fail’’ institutions is that public authorities was the seventh-largest bank in the country, assumption transactions, deposit transfers should take care not to worsen our exposure the largest domestic commercial and indus- or payouts, bridge banks, conservatorships, to such institutions going forward. In fact, trial lender, and the bank that popularized and open bank assistance. These options for failed institutions that have proven to be the phrase ‘‘too big to fail.’’ Questions about focus on transferring important banking too big or too complex to manage well, steps Continental’s soundness led to a run by large functions over to sound banking organiza- must be taken to break up their operations foreign depositors in May of 1984. tions with capable management, while put- and sell them off in more manageable pieces. But looking back, Continental actually ting shareholders at failed banks first in line We must also look for other ways to limit was allowed to fail. Although the FDIC put to absorb losses. the creation and growth of firms that might together an open bank assistance plan and Other important features in resolving fail- be considered ‘‘too big to fail.’’ injected capital in the form of preferred ing banks include an established priority for In this regard, our recent experience with stock, it also brought in new management at handling claimants, prompt corrective ac- ad hoc solutions to large failing firms has led the top level, and shareholders, who were the tion, and least-cost resolution provisions to to even more concentrated financial markets bank’s owners, lost their entire investment. protect the deposit insurance fund and, ulti- as only the largest institutions are likely to The FDIC also separated the problem assets mately, taxpayers and to also bring as much have the available resources for the type of from the bank, which left a clean bank to be market discipline to the process as possible. hasty takeovers that have occurred. Another restructured and eventually sold. To liq- I would argue for constructing a defined drawback is that these organizations do not uidate the bad assets, the FDIC hired spe- resolution program for ‘‘too big to fail’’ have the time for necessary ‘‘due diligence’’ cialists to oversee the different categories of banks and bank holding companies, and assessments and, as we have seen, may en- loans and entered into a service agreement nonbank financial institutions. It is espe- counter serious acquisition problems. Under with Continental that provided incentive cially necessary in cases where the normal a more orderly resolution process, public au- compensation for its staff to help with the bankruptcy process may be too slow or dis- thorities would have the time to be more se- liquidation process. ruptive to financial market activities and re- lective and bring in a wider group of bidders, A lesson to be drawn from Continental is lationships. The program and resolution and they would be able to offer all or por- that even large banks can be dealt with in a process should be implemented on a con- tions of institutions that have been restored manner that imposes market discipline on sistent, transparent and equitable basis to sound conditions. whether we are resolving small banks, large management and stockholders, while con- CONCLUDING THOUGHTS trolling taxpayer losses. The FDIC’s asset banks or other complex financial entities. How should we structure this resolution While hardly painless and with much com- disposition model in Continental, which used process? While a number of details would plexity itself, this approach to addressing incentive fees and contracts with outside need to be worked out, let me provide a ‘‘too big to fail’’ strikes me as constructive specialists, also proved to be an effective and broad outline of how it might be done. and as having a proven track record. More- workable model. This model was employed First, public authorities would be directed over, the current path is beset by ad hoc de- again in the failure of Bank of New England to declare any financial institution insolvent cision making and the potential for much po- in 1991, the failures of nearly all of the large whenever its capital level falls too low to litical interference, including efforts to force banking organizations in Texas in the 1980s, support its ongoing operations and the problem institutions to lend if they accept and also for the Resolution Trust Corpora- claims against it, or whenever the market public funds; operate under other imposed tion, which was set up to liquidate failed loses confidence in the firm and refuses to controls; and limit management pay, bo- thrifts. provide finding and capital. This directive nuses and severance. RESOLVING THE CURRENT CRISIS should be clearly stated and consistently ad- If an institution’s management has failed Turning to the current crisis, there are hered to for all financial institutions that the test of the marketplace, these managers several lessons we can draw from these past are part of the intermediation process or should be replaced. They should not be given experiences. payments system. We must also recognize up public funds and then micro-managed, as we

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.012 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3039 are now doing under TARP, with a set of po- THE BUDGET the war on terror. He had previously litical strings attached. Mr. MCCONNELL. Madam President, served five tours in Iraq and two in Af- Many are now beginning to criticize the yesterday I noted that in the middle of ghanistan. idea of public authorities taking over large the current economic crisis, the admin- For his many acts of bravery over institutions on the grounds that we would be years of service, he received several ‘‘nationalizing’’ our financial system. I be- istration’s budget spends too much, taxes too much, and borrows too much. medals, awards, and decorations, in- lieve that this is a misnomer, as we are tak- cluding the Kentucky Medal for Free- ing a temporary step that is aimed at clean- Yesterday I focused primarily on the ing up a limited number of failed institu- fact that it spends too much. This dom, three Army Achievement Medals, tions and returning them to private owner- morning I wish to expand a little bit the Army Commendation Medal, the ship as soon as possible. This is something more on that issue. Joint Service Commendation Medal, that the banking agencies have done many As I noted yesterday, the current the Meritorious Service Medal, the times before with smaller institutions and, Congress is on a remarkable spending Purple Heart, and the Bronze Star in selected cases, with very large institu- binge. In the first 50 days of the new Medal. tions. In many ways, it is also similar to Army Rangers are among the most administration, Congress has approved what is typically done in a bankruptcy elite members of our fighting forces. more than $1.2 trillion in spending court, but with an emphasis on ensuring a They undergo grueling training to wear continuity of services. In contrast, what we which translates into $24 billion a day, the honored Ranger Tab on their have been doing so far is every bit a process or $1 billion every hour since Inaugura- sleeves. For Sergeant Rudd it was the that results in a protracted nationalization tion Day. The budget, which we just of ‘‘too big to fail’’ institutions. life he always wanted. learned about a while back, continues ‘‘I really enjoy what I’m doing and I The issue that we should be most con- that trend. cerned about is what approach will produce think I’m really good at it,’’ Sergeant Earlier this week, Congress approved Rudd told his friend and fellow Ranger, consistent and equitable outcomes and will a Government spending bill that in- get us back on the path to recovery in the SSG Brett Krueger. This was just a few quickest manner and at reasonable cost. creased spending by 8 percent over last days before his death. ‘‘I told him he While it may take us some time to clean up year, about double the rate of infla- was,’’ Staff Sergeant Krueger remem- and reprivatize a large institution in today’s tion. The budget proposes another bers. environment—and I do not intend to under- spending increase over last year’s Sergeant Rudd said, ‘‘And I don’t pic- estimate the difficulties that would be en- budget of an additional 8 percent. A lot ture myself doing anything else as suc- countered—the alternative of leaving an in- of people are wondering why, in the stitution to continue its operations with a cessful and as comfortable as what I do midst of a recession, when millions of now.’’ failed management team in place is certain Americans are losing jobs and homes, to be more costly and far less likely to Sergeant Rudd’s parents also remem- produce a desirable outcome. the administration is proposing to ber their son—who went by his middle In a similar fashion, some are now claim- spend tax dollars as if we are in the name, Patrick—as a young man firmly ing that public authorities do not have the middle of the dot.com boom. dedicated to his fellow Rangers and the expertise and capacity to take over and run According to the administration’s cause they fight for. a ‘‘too big to fail’’ institution. They contend budget plan, the State Department sees ‘‘He died for the country,’’ says Wil- that such takeovers would destroy a firm’s a 41-percent increase in spending next liam Rudd, Patrick’s dad. ‘‘He loved inherent value, give talented employees a year—a 41-percent increase in spending the Army Rangers. He loved his men. reason to leave, cause further financial panic at the State Department. HUD sees an . . . He didn’t join for himself. You and require many years for the restructuring 18-percent increase. might say he joined for everyone else process. We should ask, though, why would The budget also proposes a ‘‘slush over here.’’ anyone assume we are better off leaving an fund’’ for climate policy that will be institution under the control of failing man- Patrick’s mother, Pamela Coakley, agers, dealing with the large volume of larger than the entire annual budgets also remembers her son’s sure sense ‘‘toxic’’ assets they created and coping with at the Department of Labor, Treasury, that he was on the right path. ‘‘One a raft of politically imposed controls that and Interior. Let me say that again: A thing he told me, if this ever happened would be placed on their operations? slush fund for climate policy that will . . . was just to know that he died In contrast, a firm resolution process could be bigger than the budgets of the De- happy and proud,’’ she says. ‘‘And be placed under the oversight of independent partment of Labor, Treasury, and Inte- that’s what stuck with me, because regulatory agencies whenever possible and rior. those big brown eyes looked into me. I ideally would be funded through a combina- Americans want reform in education, know he was serious.’’ tion of Treasury and financial industry health care, energy, and other areas, Pamela also remembers Patrick’s funds. but they want the administration to fascination since he was young with Furthermore, the experience of the bank- fix the economy first. That is the first the men and women who fight on the ing agencies in dealing with significant fail- ures indicates that financial regulators are priority. At this point we seem to be side of the good guys. ‘‘CIA, FBI, ever capable of bringing in qualified management getting proposals on everything but since he was a little boy growing up. and specialized expertise to restore failing the financial crisis. That is what is . . . U.S. Marshals . . . his cousin was a institutions to sound health. This rebuilding crippling our economy. State trooper, and he always wanted to process thus provides a means of restoring This budget spends too much, taxes be in that field,’’ she says. value to an institution, while creating the too much, and borrows too much. If we Young Patrick also loved the out- type of stable environment necessary to want to earn the confidence of the doors, camping, and riding horses. In maintain and attract talented employees. American people for our programs and fact, the family owned horses and Pam- Regulatory agencies also have a proven plans, the first thing we need to do is ela remembers a time when one of hers track record in handling large volumes of problem assets—a record that helps to en- to get this excessive spending under was injured. She feared the horse would sure that resolutions are handled in a way control. not survive. But 12-year-old Patrick that best protects public funds. f gave the horse shots, cleaned its wounds, and it lived. ‘‘He was always Finally, I would argue that creating a HONORING OUR ARMED FORCES framework that can handle the failure of in- my little man,’’ Pamela says. ‘‘He was stitutions of any size will restore an impor- SERGEANT WILLIAM PATRICK RUDD always my son, but really the man of tant element of market discipline to our fi- Mr. MCCONNELL. Madam President, the house, too.’’ nancial system, limit moral hazard concerns, one of America’s bravest soldiers has Patrick also looked after his sister, and assure the fairness of treatment from fallen, so I rise to speak about SGT Elizabeth Lam, and that included send- the smallest to the largest organizations William Patrick Rudd of Madisonville, ing a message to her would-be boy- that that is the hallmark of our economic KY. On October 5, 2008, Sergeant Rudd system. friends. ‘‘On my first date, he sat on tragically died of the wounds sustained the front porch with a shotgun,’’ Eliza- Mr. BOND. Madam President, I yield during a ground assault raid on senior beth said, ‘‘on my very first date.’’ the floor. leaders of al-Qaida in Mosul, Iraq. He Patrick graduated from Madison- The ACTING PRESIDENT pro tem- was 27 years old. ville-North Hopkins High School in pore. The Republican leader is recog- Sergeant Rudd was an Army Ranger 1999 and then worked at White Hydrau- nized. on his eighth deployment in support of lics in Hopkinsville, after which he

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.015 S12MRPT1 jbell on PROD1PC69 with SENATE S3040 CONGRESSIONAL RECORD — SENATE March 12, 2009 joined the Army in October of 2003. ‘‘He down by the creek or laying on the bed to these accounts forced the closure of had spent two years thinking about it, with his dog Harley. That’s what I some recreation areas, caused some knowing that he needed a different di- see.’’ contract obligations to go unmet, and rection in his life and wanting to de- I know the entire Senate rises with canceled construction, research, and fend our country,’’ Patrick’s dad, Wil- me to say we honor SGT William Pat- natural resource work. liam, recalls. ‘‘I’m pretty sure he had rick Rudd for his service, and we will Later, Congress approved $610 million his mind made up he wanted to be a forever remain reverent of his enor- for the Forest Service in emergency Ranger when he went through Basic,’’ mous sacrifice on behalf of our Nation. Federal firefighting funding, restoring adds Patrick’s stepbrother, Josh Madam President, I yield the floor. some of those transfers. Nonetheless, Renfro. I suggest the absence of a quorum. that work had gone undone when it was Assigned to B Company, 3rd Bat- The ACTING PRESIDENT pro tem- necessary for it to be done. talion, 75th Ranger Regiment, based pore. The clerk will call the roll. Making matters worse is the fact out of Fort Benning, GA, Patrick be- The assistant legislative clerk pro- that the Forest Service budget has his- came a vital part of his Ranger team. ceeded to call the roll. torically declined overall. The Depart- Because he was a NASCAR fan and his Mr. UDALL of Colorado. Madam ment of Interior and Forest Service favorite driver was Ricky Rudd, his fel- President, I ask unanimous consent each maintain multibillion dollar de- low Rangers gave him the nickname that the order for the quorum call be ferred maintenance backlogs and are ‘‘Ricky.’’ rescinded. having to scale back some of their ‘‘He was a good-hearted person who The PRESIDING OFFICER. Without services. As is often pointed out, the loved life,’’ said SSG Brett Krueger. objection, it is so ordered. Forest Service now dedicates upwards ‘‘You could never catch him on a bad Mr. UDALL of Colorado. Madam of half of its entire budget for emer- day. . . . everyone loved him dearly. President, I rise today to express my gency fire suppression activities. . . . A lot of younger guys looked up to support for the bipartisan bill intro- We can’t keep funding firefighting ef- him.’’ duced earlier this week by my col- forts in this manner. We have to find a SGT Dusty Harrell explains why. ‘‘He league Senator BINGAMAN, called the better approach, so we do not continue spent countless hours passing down Federal Land Assistance Management to borrow money intended for other knowledge to younger soldiers, to help Enhancement Act, or the FLAME Act, important missions. Also, we must them be successful.’’ S. 561. Senator BINGAMAN was joined by move forward with efforts that allow Jack Roush, owner of some of my colleagues: Senators MURKOWSKI, us to reduce wildfire threats at the NASCAR’s most successful teams, BOXER, CANTWELL, JOHNSON, MURRAY, front end. heard of the loss of Sergeant Rudd. To TESTER, TOM UDALL, and WYDEN as co- The FLAME Act would do just that. honor the Ranger and NASCAR fan, he sponsors. I wish to add my support as a It would set up a separate fund that had a decal of Patrick’s name placed on cosponsor as well. agencies can draw upon to augment David Ragan’s No. 6 car during a race Like many States from coast to firefighting costs. In so doing, we can in Atlanta. coast, my home State of Colorado fea- help the agencies avoid drawing down At the same time, the Atlanta Motor tures expansive areas of wildland that funds in other programs and provide Speedway donated 200 tickets to mem- are increasingly at risk of wildfire. Pe- additional funds when we face an espe- bers of Patrick’s unit to attend the riods of drought continue to raise the cially intense and expensive fire sea- race. Patrick and the other Rangers be- possibility of wildfires in America, son. I strongly support the creation of came close friends who spent time to- while in Colorado and throughout the a Federal fund designated solely for gether in and out of uniform. Sergeant mountain West, the epidemic of bark catastrophic emergency wildland fire Harrell remembers a time when he and beetle infestation has compounded our suppression activities, which is what Patrick went fishing together in Geor- risk of wildfire. In 2008, more than 5.1 this bill does. gia, and he learned that Patrick, a million acres of land nationwide Equally important, in my view, is a brave Army Ranger, was afraid of burned, according to the National provision in the FLAME Act calling for snakes. Sergeant Harrell got a bite on Interagency Fire Center. In 2006 and comprehensive wildland fire manage- his line and reeled it in to find a water 2007, more than 9 million acres burned, ment strategies to best allocate fire moccasin on the hook. By the time he and more than 8 million acres burned management resources, assess risk lev- turned around to share a reaction with in 2004 and 2005. The costs associated els for communities, and prioritize fuel his friend, ‘‘Ricky was already up the with these fires are large and increas- reduction projects. hill.’’ ing. To a large degree, these costs For many of my constituents—as in Staff Sergeant Krueger, Sergeant occur because fires are encroaching the State of the Presiding officer, New Harrell, and more of Patrick’s fellow ever closer to our communities. These York, as well—Federal and State soldiers came to Madisonville to share fires require more aggressive suppres- wildlands are Colorado’s greatest at- their memories of Patrick with his sion efforts because of the risks to lives tribute, providing all manner of out- family. After speaking with them, and property. door recreation and awe-inspiring Pamela said, ‘‘It made me feel like I But unfortunately, the Federal lands scenes of nature. Yet those same for- still had sons.’’ agencies—especially the Forest Serv- ested lands hold the potential for trag- After the loss of a brave young sol- ice—do not have the resources they edy, as the threat of lost life and prop- dier such as Patrick Rudd, we must need to fight these fires. They must re- erty due to wildfire grows. We cur- keep his loved ones foremost in our sort to raiding funds from other impor- rently employ a largely reactive wait- minds. We are thinking today of his tant programs within these agencies, and-see approach to catastrophic mother Pamela Coakley; his father such as trails and road maintenance, wildland fires. The FLAME Act will William Rudd; his stepmother Barbara recreation management and, especially help us shift to a more effective and Rudd; his sister Elizabeth Lam; his important, preventive fuels treatment proactive approach. I urge my col- stepbrother Josh Renfro; his grand- that could help reduce fires, or at least leagues to join me in supporting this parents Judy and Bennie Hancock; and lessen their severity and costs when bipartisan approach. many other beloved family members the wildfires occur. Again, I thank Senator BINGAMAN for and friends. For example: last year, the Forest introducing this legislation. I look for- Pamela says she has faith she will Service had $1.2 billion budgeted for ward to working with him and our col- see her son again someday. For now, fire suppression, but the agency had to leagues to bring this bill before the full she has 27 years’ worth of cherished transfer at least $400 million from Senate and press for its final passage. memories, and in many of them Pat- other programs when that funding fell With that, I yield the floor and sug- rick is still her little man, defender of short. In August of last year, Forest gest the absence of a quorum. his sister’s honor, and doctor to horses. Service Chief Gail Kimbell sent out an The ACTING PRESIDENT pro tem- ‘‘I don’t envision the war stuff,’’ interagency memo asking the staff to pore. The clerk will call the roll. Pamela says. ‘‘I see Patrick sitting on find ways to come up with extra The assistant legislative clerk pro- the kitchen counter. I see him sitting money. The extra money being sent off ceeded to call the roll.

VerDate Nov 24 2008 01:37 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.008 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3041 Mr. SANDERS. Madam President, I that increased funding 8 percent over research, whether it is for organiza- ask unanimous consent that the order the same programs we had last year. tions such as the Boys and Girls Clubs for the quorum call be rescinded. An 8-percent increase at a time when or Big Brothers Big Sisters, commu- The ACTING PRESIDENT pro tem- families are cutting their own budgets, nity food banks, Catholic Charities. pore. Without objection, it is so or- businesses are cutting their budgets, is We have some amazing charities that dered. irresponsible. give compassionate care to those who The Senator from Vermont is recog- I just had the mayor of Las Vegas in truly need it. As a matter of fact, the nized. my office. Local governments across word ‘‘compassion,’’ if you take it at (The remarks of Mr. SANDERS per- America are having to cut their budg- its root, means ‘‘to suffer with.’’ Char- taining to the introduction of S. 582 are ets. State governments are cutting ities and individuals can relate to peo- located in today’s RECORD under spending because Governors are re- ple on a one-on-one basis and suffer ‘‘Statements on introduced Bills and quired by constitution in almost every with them. They can walk through life Joint Resolutions.’’) State to balance their budget. They are with them. That is why when the Presi- Mr. SANDERS. Madam President, I looking for any kind of waste. The only dent put in his budget that we were yield the floor, and I suggest the ab- place that is not looking for any waste going to eliminate charitable deduc- sence of a quorum. is right here in Washington, DC. Why? tions for people making over $250,000 a The ACTING PRESIDENT pro tem- Because we can print money. We can year, there was a hue and cry across pore. The clerk will call the roll. borrow from our children. America, especially from charities say- The assistant legislative clerk pro- Every generation of American has ing: Mr. President, this is going to ceeded to call the roll. said: I may not have everything I want, hurt. You are going to hurt us at a Mr. ENSIGN. Madam President, I ask but I want my children to have a better time when, because of the economy, unanimous consent that the order for America than I did. Growing up, part of charitable contributions are down. the quorum call be rescinded. the American dream has been: I want We have seen that. Food pantries The ACTING PRESIDENT pro tem- to go past what my parents did. To- across America are hurting. Every or- pore. Without objection, it is so or- day’s generation has become selfish. ganization that has come to me in Ne- dered. We want to keep our standard of living vada has told me: We are hurting right f and borrow from our children’s future, now. Please don’t allow this part of the THE BUDGET no matter the cost to our children. budget to be adopted. Don’t let the That idea is what the President’s budg- charitable deduction go away. Mr. ENSIGN. Madam President, I et accomplishes. We have to ask ourselves: Why would wish to talk about the state of our The President’s budget double the someone want to eliminate the chari- country and the President’s budget public debt in the first 5 years. Let me table deduction just to increase the that has recently been offered. repeat that. In the first 5 years of the size of Government? Is it because they There are many Americans who are President’s budget, the debt doubles. In believe the state is a better answer hurting right now. Many have lost the first five years of the Obama Ad- than the private sector? Maybe. If that their homes or are afraid of losing ministration, assuming he is re-elect- is the case, this is a very dangerous their homes. Many are concerned that ed, this budget will increase the debt precedent we are setting going forward. the value of their home, their greatest more than the debt has ever increased The budget has many other problems. asset, has gone down tremendously and since the founding of the Republic, all There is a tax in this budget on which, they can longer count on their home as the way from George Washington to I believe, the President violated his an asset when they retire. They have George W. Bush. After 10 years the pub- pledge. He said taxes were only going seen their 401(k)s devastated. Cer- lic debt triples. This is not sustainable. to go up on those people making tainly, many of us in this chamber who If we go down this path, it could lead $250,000 a year or more. I guess that is have Thrift Savings Plans have seen to the downfall of America as we know true as long as you don’t use energy be- our plans go down because of the prob- it. cause there is an energy sales tax in lems in the stock market. Over half of There are many items in the budget the President’s budget. So if you use Americans are invested in some way in that are problematic. We had a discus- electricity, if you use gasoline, or if the stock market. So there are a lot of sion this morning about the differences you buy any products made with en- people who are hurting out there right between Europe and America. In Eu- ergy in the United States, you are now. The unemployment rate all across rope, they believe the state is the an- going to pay higher taxes on products, the country is rising. I think California swer, government is the answer. higher taxes on your electric bills, is over 10 percent now. My home State One of the things de Tocqueville ob- higher taxes on your gasoline. of Nevada is over 9 percent. Nation- served when he visited America in the Madam President, I ask unanimous wide, unemployment is a little over 8 1800s was the charitable nature of consent to speak as in morning busi- percent. So we should be focusing on Americans, how we helped in commu- ness for an additional 3 minutes. the economy. nities through voluntary acts, through The ACTING PRESIDENT pro tem- During Bill Clinton’s campaign back our churches, through our community pore. Is there objection? in 1992, he coined a phrase: ‘‘It’s the organizations, secular, religious—we Mr. LEAHY. Madam President, I economy, stupid.’’ That is when we helped each other voluntarily. It was won’t object, but I would ask that 3 were in a very minor recession. Today, not forced on us by the government. minutes be added to the time for the we are in a severe recession with no Europe today believes the state is the Ogden debate. end in sight. Some people say we are answer. As a matter of fact, not too Mr. ENSIGN. I thank the chairman going to recover next year. Other peo- long ago, the King of Sweden made a of the Judiciary Committee. ple say this is going to be a long, deep charitable contribution to private Madam President, this energy tax I recession. No one really knows for charities, and people in Sweden criti- was talking about is a very regressive sure. We do know that is the past, cized him because instead of giving the tax. I understand why people want to when we do the wrong things, reces- money to charities, they said he should do it, I support the transition to a sions can become very severe, and can have given the money to the state. greener economy, but instead of put- lead to depressions. When we do the That is the European attitude. ting incentives for us to go to a greener right things, recessions become more Most Americans believe that the pri- economy, they want to put a tax on mild. vate sector can deal with problems in Americans that will hurt the poor We recently passed a so-called stim- our communities person to person more than anybody else. It will se- ulus bill. I don’t think it is going to do through charitable giving. We are the verely affect those making under a lot. It is going to help short term in most generous Nation in the history of $250,000 a year. a few areas, but I think the long-term the world when calculating the per- They say they are going to distribute damage is going to vastly outweigh the centage of our income we give to char- that money to those through the Mak- short-term prospects. Last week, we ities. That has been part of the miracle ing Work Pay tax credit. But that is passed another massive spending bill of America. Whether it is for disease for lower income people. What about

VerDate Nov 24 2008 01:37 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.009 S12MRPT1 jbell on PROD1PC69 with SENATE S3042 CONGRESSIONAL RECORD — SENATE March 12, 2009 the people who are truly middle-in- kinds of special tax breaks, that they After all, all four of President Bush’s come people—the people making might be unwilling to actually give Deputy Attorney General nominees around $100,000 a year, or $80,000 to money to charity. But then I look at were confirmed without a single dis- $100,000 a year. This includes teachers, the people who make $25,000 or $30,000 a senting vote by Democrats. Notwith- firefighters, and police officers. They year—people I see when I go to mass on standing that, Senate Republicans are going to pay that tax. Sunday, digging deep and putting have decided to ignore the national se- According to MIT, the refundable as- money in, a far greater percentage of curity challenges this country is facing pect of this tax provision is going to their pocket—and they are not getting since the attacks of 9/11, and they have raise about $300 billion a year. They any tax break for that. They are not returned to their partisan, narrow, ide- are not refunding that. So this is an- getting a tax break. They take a stand- ological, and divisive tactics of the other giant problem the President has ard deduction and they give to charity 1990s. with his budget. because it helps the people in this In fact, it was the nomination of Eric A couple other concluding points. We country who are in need. These are Holder to be the Deputy Attorney Gen- have a situation here where we should people who barely have enough money eral in 1997 that was the last time a sit down together and think about our to pay for food for their own families, President’s choice for Deputy Attorney children, our grandchildren. Instead of yet they give to charity. General was held up in the Senate. He, giving us what we want today, let us Let us stop setting up a straw man of course, was also nominated by a think about the debt we are passing on that somehow the very wealthy among Democrat. Senate Republicans have unfortunately returned to their old, to them. What is that debt like? It is as us won’t give anything to charity if we tired playbook. They ought to listen to though we have taken their credit card remove some of their tax breaks. You what is best for the country, not what and we are running up their credit card either feel a moral responsibility to they are told to do by radio personal- and they have to pay the finance give to charity or not. It is not because ities. charges. That means they have to work you are doing it to placate the IRS. You do it because it is the right thing David Ogden will fill the No. 2 posi- harder and they have to pay higher to do. It is like the story in the Gospel tion at the Department of Justice. As taxes in the future to pay those finance of the widow’s mite. She gave all she Deputy Attorney General, Mr. Ogden is charges. This debt adds trillions of dol- had. And to those wealthy who wanted going to be responsible for the day-to- lars in interest payments on their cred- to denigrate what she gave, the Lord day management of the Justice Depart- it card—trillions of dollars. said: She gave more than you did be- ment, including the Department’s crit- This is not the direction our country cause she gave all she had. ical role in keeping our Nation safe should be going in today. We should be So let us not cry, or pull out the from the threat of terrorism. He is thinking about being fiscally respon- world’s smallest violin for this. People highly qualified to do so. He is leaving sible and thinking about future genera- will give to charity if they feel they a very lucrative and successful career tions, just as generations before us can and should help the least among in private practice, taking an enor- have done. us, not because they are getting some mous cut in pay to return to the Jus- Madam President, I yield the floor. kind of a tax break. tice Department, where he previously f Now, this idea that we must have tax served with great distinction, and hav- CONCLUSION OF MORNING breaks for the wealthiest here, because, ing previously served with such dis- BUSINESS after all, that is how we will pay for tinction at the Department of Defense. the war in Iraq—remember the last ad- Senators KAUFMAN, KLOBUCHAR, and The PRESIDING OFFICER (Mr. ministration saying: We will give huge DURBIN made statements yesterday in UDALL of New Mexico). Under the pre- tax breaks and that will pay for the support of the nominee, and I was very vious order, morning business is closed. war in Iraq. It gave us the biggest def- pleased to hear these three distin- f icit in the Nation’s history and it pre- guished Senators speak so highly and favorably of him. Senator SPECTER, the EXECUTIVE SESSION cipitated the problems we are having today. Judiciary Committee’s ranking mem- Let us be honest about this. If we ber, also spoke yesterday in support of NOMINATION OF DAVID W. OGDEN give tax breaks, give them to the hard- Mr. Ogden’s nomination, and I was TO BE DEPUTY ATTORNEY GEN- working men and women in this coun- very pleased to hear Senator SPECTER’s ERAL—Resumed try who are paying Social Security statement. I thank them all. taxes, who are getting a weekly, or But after that, I was disappointed at The PRESIDING OFFICER. Under even hourly salary. They are the ones the handful of opposition statements the previous order, the Senate will pro- who need the tax breaks. Warren that parroted outrageous attacks ceed to executive session to consider Buffett, one of the wealthiest people in against Mr. Ogden that had been the following nomination, which the the world, has argued against these launched by some on the extreme clerk will report. huge tax breaks for people like himself. right. These attacks from extremists The bill clerk read the nomination of As he pointed out, he pays a lesser per- distort the record of this excellent law- David W. Ogden, of Virginia, to be Dep- centage of his income to taxes than yer and this good man. They begin by uty Attorney General. people cleaning up his office—to jani- ignoring the truth, the whole truth, The PRESIDING OFFICER. Under tors in his office; to secretaries in his and then mischaracterizing a narrow the previous order, there will be 2 office. sliver of his diverse practice as a liti- hours of debate equally divided and So let us be honest about this. People gator. Those who contend that Mr. controlled between the two leaders or give to charity if they feel it is their Ogden has consistently taken positions their designees. moral duty, as my wife and I feel it is against laws to protect children are un- The Senator from Vermont is recog- to give to charity, not because of any willing to tell the truth. They chose to nized. tax exemption. Let us be honest about ignore Mr. Ogden’s record and his con- Mr. LEAHY. I thank the distin- that. firmation testimony. guished presiding officer, a good friend Now, on the other issue, David What these critics leave out of their from New Mexico. Ogden. The Senate is finally ready to caricature is the fact that Mr. Ogden Mr. President, before I begin on the stop the delaying tactics we have had aggressively defended the constitu- David Ogden matter, I have been lis- to put up with and will conclude its tionality of the Child Online Protec- tening to a couple of days of debate not consideration of President Obama’s tion Act and the Child Pornography on Ogden but on the budget, and I see nomination of David Ogden to be Dep- Prevention Act of 1996 when he pre- these crocodile tears. Oh, my gosh, we uty Attorney General. We will finally viously served at the Justice Depart- might eliminate some of these special give the nomination an up-or-down ment. In private practice, he wrote a tax breaks given to people making over vote that in the past, when George brief for the American Psychological $250,000 or $500,000 or $1 million or $2 Bush was President, Senate Repub- Association in Maryland v. Craig in million. My heart breaks for them, it licans used to claim was a constitu- which he argued for the protection of really does, that they do not get all tional right of every nominee. child victims of sexual abuse.

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.011 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3043 For those who talk about how one David C. Frederick; Kellogg, Huber, Hansen, Basically, he took the same position might help out and do charitable Todd, Evans, & Figel, PLLC; former Assist- David Ogden did. The difference is works, let me tell you about his per- ant to the Solicitor General. Deval Patrick; every single Republican voted for Chief Governor, State of Massachusetts. Douglas sonal life. He has volunteered his time F. Gansler; Attorney General, State of Mary- Justice Roberts. Apparently, they do at the Chesapeake Institute, a clinic land. George Terwilliger; White & Case; not use the same standard for those for sexually abused children. I wonder former United States Attorney for the Dis- nominated by Democrats. how many of the people who are out trict of Vermont; former Deputy Attorney For nominees of Republican Presi- here attacking him have given their General. H. Thomas Wells, Jr.; Maynard, dents, Republicans demand that their own time to help children, especially Cooper, & Gale, PC; President of the Amer- clients and their legal representations sexually abused children. As a former ican Bar Association. James Robinson; not be held against nominees. I have Cadwalader, Wickersham, & Taft, LLP; prosecutor, I know how much help former Assistant Attorney General, Criminal heard this speech in the Judiciary those children need. I ask those who Division. Jamie S. Gorelick; WilmerHale, Committee and on the Senate floor by want to willy-nilly attack him: Have LLP; former Deputy Attorney General. Republicans: You cannot hold their cli- you ever given your money or your Janet Reno; former Attorney General. ents against them. time to help these children the way Mr. Jo Ann Harris; former Assistant Attorney Whoops; screech; stop—the American Ogden has? General, Criminal Division. John B. people elected Barack Obama as Presi- Bellinger, III; former Counsel for National In his testimony, he demonstrated Security Matters, Criminal Division. Ken- dent so, suddenly, the Republicans do his commitment to the rule of law and neth Geller; Mayer Brown, LLP; former Dep- not want that rule anymore. When the his abhorrence at child pornography uty Solicitor General. Larry Thompson; American people elect a Democratic and child abuse. Now, these may be in- former Deputy Attorney General. Manus M. President, they do not want the same convenient facts for those who want to Cooney; former Chief Counsel, Senate Judici- rules; they want a double standard. perpetuate a fraud, but they are the ary Committee. Michael E. Horowitz; I will give one example. It is probably truth. That truth has led the National Cadwalader, Wickersham, & Taft, LLP; Com- the example that stands out the most. missioner of United States Sentencing Com- Center for Missing and Exploited Chil- mission. Paul T. Cappuccio; Executive Vice Just over a year ago, every Republican dren, the Boys and Girls Clubs of President and General Counsel of Time War- in the Senate voted to confirm Michael America, and the top law enforcement ner; former Associate Deputy Attorney Gen- Mukasey to be Attorney General of the organizations across the country to eral. Peter Keisler, SidleyAustin, LLP; United States. They showed no concern support this nomination and reject the former Assistant Attorney General, Civil Di- that, according to his own statement, misconceived effort of character assas- vision; former Acting Attorney General. Ra- one of his most significant cases in pri- chel L. Brand; WilmerHale, LLP; Assistant vate practice was his representation of sination of this public servant and fam- Attorney General for Legal Policy, Depart- ily man. ment of Justice. Reginald J. Brown; Carlin Communications, a company We have the former Deputy Attorney WilmerHale, LLP. Richard Taranto; Farr & that specialized in what was called General under President Bush sup- Taranto; former Assistant to the Solicitor ‘‘Dial-a-Porn’’ services. porting him, judge advocates general, General. Robert F. Hoyt; former Associate When a Republican nominee rep- the Federal Law Enforcement Officers White House Counsel; former General Coun- resents someone for Dial-a-Porn, that Association, the Fraternal Order of Po- sel to the U.S. Treasury Department. Seth is just his client. But when a Demo- lice, the Major Cities Chiefs Associa- Waxman; WilmerHale, LLP; former Solicitor cratic nominee represents Playboy General. Stuart M. Gerson; former Assistant tion, the National Center for Missing Attorney General, Civil Division. Thomas J. magazine, oh, that is awful. We are so and Exploited Children, the National Miller; Attorney General, State of Iowa. offended. My gosh, we must have the Association of Police Organizations, Todd Steggerda; WilmerHale, LLP; former most delicate sensibilities in America. the National District Attorneys Asso- Chief Counsel to McCain Presidential Cam- Talk about a double standard. Where ciation—an association where I was paign. Todd Zubler; WilmerHale, LLP; was the outrage then? Where was the honored to serve as its vice president former Deputy General Counsel to McCain debate? Where were the concerns? before I was in the Senate—the Na- Presidential Campaign. Where were the questions? Oh, wait tional Narcotic Officers’ Associations’ Mr. LEAHY. Mr. President, I might just a moment, something just oc- Coalition, the National Sheriffs’ Asso- say also that some of the Repub- curred to me. He was nominated by ciation, the Police Executive Research licans—and they have all been Repub- George W. Bush. Mr. Ogden has been Forum, the National Center for Vic- licans who have attacked Mr. Ogden— nominated by Barack Obama. So when tims of Crime, and many others. are also applying a double standard. Karl Rove and Rush Limbaugh gave In fact, Mr. President, I ask unani- Nominees from both Republican and the orders that they were supposed to mous consent to have printed in the Democratic administrations and Sen- oppose and hold up Eric Holder, the RECORD a list of the 53 letters in sup- ators from both sides of the aisle have first African-American Attorney Gen- port the committee received on this cautioned against opposing nominees eral in this country, they held him up. nomination. based on their legal representations on Every one of them voted unani- There being no objection, the mate- behalf of clients. Like many others in mously for Alberto Gonzales, who was rial was ordered to be printed in the this Chamber, I felt privileged to serve finally forced out of office for incom- RECORD, as follows: as a prosecutor, but I would hate to petence. But, oh my goodness, Mr. LETTERS OF SUPPORT FOR THE NOMINATION OF think I could not have served in that Ogden has been nominated by a Demo- DAVID OGDEN TO BE DEPUTY ATTORNEY position because, before I was a pros- crat. What a tough double standard. GENERAL OF THE UNITED STATES, AS OF ecutor, I defended people who were ac- If you were going to write something MARCH 11, 2009 cused of crimes. I was a lawyer. I want- like this for a novel or story, your edi- CURRENT & FORMER PUBLIC OFFICIALS ed to make sure clients were given tor would reject it because it seems to Beth S. Brinkmann; MorrisonForester, equal protection of the law. If we start be so far-fetched. LLP; former Assistant to the Solicitor Gen- singling out somebody because of their Let’s stop the game playing. We had eral. Bill Lann Lee, Lewis, Feinberg, Lee, clients, what do you do? Do you say to an election last November. If you are Renaker & Jackson, P.C.; former Assistant this person: You defended somebody going to apply one standard under a Attorney General, Civil Rights Division. charged with murder and therefore you Carolyn B. Lamm; White & Case, LLP; Republican President and a different former President, District of Columbia Bar. are in favor of murder? Come on, let’s one under a Democratic President, Carter Phillips; SidleyAustin, LLP; former be honest with where we are. stand up and say: This had nothing to Assistant to the Solicitor General. Christine In fact, when asked about this point do with what he did, it is just that we Gregoire; Governor, State of Washington. in connection with his own nomina- want a double standard. We want a dif- Daniel E. Troy; Senior Vice President and tion, Chief Justice Roberts testified: ferent standard. General Counsel, GlaxoSmithKline. Daniel . . . it has not been my general view that I have served in the Senate for 35 Levin; White & Case, LLP; former Acting As- I sit in judgment on clients when they come. years. I was honored by my colleagues sistant Attorney General, Office of Legal ... Council; former Assistant United States At- . . . it was my view that lawyers don’t on both sides of this aisle earlier this torney. Daniel Price; former Assistant to the stand in the shoes of their clients, and that week when I cast my 13,000th vote. I President and Department of National Secu- good lawyers can give advice and argue any worked with both Democrats and Re- rity Advisor for Internal Economic Affairs. side of a case. publicans and voted for nominees of

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That endorsements from both Democratic confirm this highly qualified nominee, means we need a Deputy Attorney Gen- and Republican former officials and this good man, to be Deputy Attorney eral for that Justice Department. high-ranking veterans of the Justice General of the United States. Our Yesterday, at our Judiciary Com- Department. Larry Thompson, a country will benefit and we in the Sen- mittee, the chairman himself said Eric former Deputy Attorney General him- ate will show that we actually do know Holder, the Attorney General, is all self, who is highly respected in this how to do the right thing. alone up there. He needs help. It is body, certainly highly respected by I yield the floor. time to move these nominees. me—a Republican nominee—wrote that The PRESIDING OFFICER. The Sen- That is why I question why people at ‘‘David will be a superb Deputy Attor- ator from Minnesota is recognized. this point would be wanting to delay ney General.’’ Ms. KLOBUCHAR. Mr. President, I his process, would want to not put Chuck Canterbury, the national want to acknowledge the great leader- someone who is clearly qualified to do president of the Fraternal Order of Po- ship of Chairman LEAHY in his work in this job into the Justice Department. lice, wrote that Mr. Ogden ‘‘possesses getting this very important nomina- We need to fill this post right now, and the leadership and experience the Jus- tion to the floor of the Senate. I rise I have full confidence David Ogden is tice Department will need to meet the once again in support of David Ogden the right man at the right time. Why challenges which lay before us.’’ to be the next Deputy Attorney Gen- do I know this? A dozen retired military offices who eral of the United States of America. As I said yesterday, we had a great served as Judge Advocates General en- When I drove in to work today, I attorney general’s office in Minnesota dorsed Mr. Ogden’s nomination. These heard on the news about new develop- for years and years under both Repub- are military persons who have been ments in the Madoff case, about how lican and Democratic administrations, Judge Advocates General. I have no some people had thought $50 billion and then something happened. A Re- idea whether they are Republicans or had been lost in this country, lost to publican-appointed U.S. attorney, Tom Democrats. I just know they served investors, lost to people who had noth- Heffelfinger, was a friend of mine, U.S. with distinction in our Armed Forces ing left, lost to some of the charities attorney under George Bush I and II, to protect the rights of Americans. and charitable organizations in this who left of his own accord. When he Here is what they wrote, that he is ‘‘a country who, during this difficult time, left he found out his name was on a list person of wisdom, fairness and integ- are trying to help people in need. They to be fired. He was replaced with some- rity, a public servant vigilant to pro- thought it was $50 billion, but now it one who didn’t have management expe- tect the national security of the United was likely $65 billion was lost because rience, and that office nearly blew up States and a civilian official who val- of one man, one man who committed over a 2-year period with one person in ues the perspective of uniformed law- such fraud—one man. That is what is charge. yers in matters within their particular going on in this country today—$65 bil- Now under Attorney General expertise.’’ lion went through the fingers of the Se- Mukasey we at least have some peace Mr. Ogden’s nomination was reported curities and Exchange Commission, by a bipartisan majority of the Senate in that office; things have improved. and now it is being prosecuted under Judiciary Committee 2 weeks ago, hav- But I saw firsthand, when you put the jurisdiction of the Justice Depart- ing been delayed for several weeks. The someone who is not necessarily quali- ment of the United States. vote by the Senate Judiciary Com- fied in a job, when you put someone in Look at the other things going on in mittee was 14 to 5. The senior Senator who is not putting the interests of the this country. We have billions of dol- from Minnesota who is now on the Sen- State first, I can see what happened. So lars coming out of very important in- ate floor was also there. The Assistant Eric Holder and his deputies and those vestments in infrastructure and Republican leader voted for Mr. Ogden. who work for him have a big job on broadband and jobs in new energy in The ranking Republican on the com- their hands. this country. But it is an unprece- mittee voted for Mr. Ogden. The senior They not only have these white-col- Senator from South Carolina, who dented investment in this country. It is lar crimes and these enormous issues served in the Judge Advocate General something like $700 billion or $800 bil- to deal with, they also have a morale Corps, voted for him. lion going out there, and you have the issue in the Justice Department. And I don’t know what more you can say. funds being used to help some of the no one, no one says that is not true. You have these former high-ranking of- credit markets get going again. We all The way you fix morale in an institu- ficials, both in the Defense Department know when you put money like that tion as big as the Justice Department and the Justice Department, of both out on the market, there are going to is you put people in place who have the parties, saying he is the kind of serious be people who try to do bad things. respect of those who are working for lawyer and experienced government There are going to be people who will them. Look at the numbers. The De- servant who understands the special try to steal that money, and we need a partment of Justice has more than role the Department of Justice must Justice Department that will hold ac- 100,000 employees and a budget exceed- fill in our democracy. countable these people who are getting ing $25 billion. We are the Senate. We are supposed the money; a Justice Department that Every single Federal law enforce- to be the conscience of the United will watch over the taxpayers’ money, ment reports to the Deputy Attorney States. One hundred of us men and make sure people like Madoff get pros- General, the nomination we are consid- women in this body are privileged to ecuted. That is what we need in this ering today, including the FBI, the represent 300 million Americans. We country. Drug Enforcement Administration, in- not only represent them, we ought to When you see the difficult economic cluding the Bureau of Prisons, and all set an example. We ought to say it is time we are in—people without jobs, 93 U.S. Attorneys Offices in this coun- time for the slurs and the vicious people who are desperate—it is no sur- try. rightwing attacks to stop. The prob- prise oftentimes you see an increase in So what do we have here in David lems and threats confronting the coun- economic crimes. We see that hap- Ogden? Well, we have someone who has try are too serious. The problems and pening today. broad experience in law and in govern- threats confronting this country are We look at all those factors—Govern- ment: went to Harvard Law School, not problems and threats to just Demo- ment taxpayer money going out on the clerked for Justice Harry Blackmun—a crats or just Republicans, they are street, the discovery of cases of people Minnesotan, may I add—he has been in threats to all Americans. who have been ripping people off so the public sector as a key person in the In the Department of Justice, the At- long that it is only when economic Justice Department under Attorney torney General needs a deputy to help times get bad that you actually see General Reno. He is someone who also

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So sitions taken by some of those people est additions to the Senate Judiciary here you have someone with 6 years of he had formerly represented. Committee. She has already improved leadership in the Department when the For example, while at the Civil Divi- the quality of our committee by just Department’s morale was, by all ac- sion, David Ogden defended the Child being there. counts, good. We need to put him back Online Protection Act of 1998, which Obviously, having former prosecutors in that Department. aimed to protect children from harmful on the committee is something I have I know that people on the other side material on the Internet by requiring searched for and am happy to have. I of the aisle—there are a few of them— pushers of obscene material to restrict appreciate what she has brought to us. have raised issues about clients he had their sites from access by minors. She was in an era when as a prosecutor Under David Ogden, the Civil Division in the past. I can tell you as a lawyer, she faced things I did not have to, such of the Justice Department aggressively I think any lawyer—and there are plen- as the online threats to young people, defended that statute. ty of lawyers in this Chamber—has, in While he was head of the Civil Divi- and she understands what she is say- fact, represented clients they might sion, David Ogden also defended the ing. not quite agree with, and they need to Child Pornography Prevention Act, I see my good friend from Tennessee make sure the ethical rules are fol- which expanded the ban on child por- on the floor. lowed. nography to cover virtual child pornog- I yield the floor. I know as a prosecutor I chose to rep- raphy. I know this as a prosecutor. I Mrs. FEINSTEIN. Mr. President, I resent the State. But there was no one know how damaging this is. We had rise to speak in support of the nomina- I admired more than those defense law- cases where people who were preying tion of David Ogden to be Deputy At- yers who were representing people who on children would actually see their torney General of the United States. were charged with crimes. I did not images on the Internet, would figure There is simply no excuse for the choose to do that side, but many people out who they are. We had one case delay in confirming Mr. Ogden. did. In our system in the United States where we went after someone who met In 2004, when the 9/11 Commission of America, when someone gets in trou- a kid at the mall whom he met on the issued its report on national security ble or someone needs a lawyer, that is Internet. Then the police looked at all issues, it specifically recommended your job as a lawyer. I think that if we of those images that were on that guy’s that the Deputy Attorney General and use some kind of standard that we are Internet site, and they actually traced other national security nominees be going to throw people out of this them to another kid who did not even confirmed without delay. Chamber because of clients they had know her picture was on that Internet Let me quote from the Commission’s represented whom we did not agree site. That is what we are talking report: with or things they personally had about—explicit images that appear to Since a catastrophic attack could occur done, it would be a very different depict minors but were produced with- with little or no notice, we should minimize Chamber. out using any real children, or perhaps as much as possible the disruption of na- I think people should be very careful using a real child and putting them in tional security policymaking . . . by accel- about charges they make and decisions erating the process for national security ap- the imagery, computer-generated im- pointments. they make about reasons. They can op- agery. That is what David Ogden did, The report said the President-elect pose a nomination of someone if they he protected these statutes. He de- want, but it better be for the right rea- fended these statutes, and he will con- should make his nomination by Janu- sons. I believe we have the right rea- tinue to do that at the Department of ary 20—which President Obama did, he sons here. Justice. nominated Ogden on January 5—and I know Chairman LEAHY just quoted This strong support for families and the Senate should finish considering this, but it is very important to re- children is why David Ogden received the nominee within 30 days. member. At his own confirmation hear- the National Center for Missing and But 66 days later, this nomination is ing, Chief Justice Roberts said: Exploited Children’s endorsement, the still pending. The principle that you don’t identify the Boys and Girls Club of America’s en- It is time to get Mr. Ogden in his lawyer with the particular views of the cli- dorsement, and, of course, because of post so the Department of Justice can ent, or the views that the lawyer advances his work with law enforcement, the get to the important work ahead. on behalf of a client, is critical to the fair Fraternal Order of Police and the Part- David Ogden is an extremely strong administration of justice. nership for a Drug-Free America. You nominee, and the Deputy Attorney He went on to say: think these organizations just come General is a critical official in the Jus- It was my view that lawyers don’t stand in and willy-nilly put their names on an tice Department. the shoes of their clients, and that good law- endorsement, those organizations, ven- The Deputy Attorney General is the yers can give advice and argue any side of a erable organizations that have been second-ranking position in the Depart- case. It has not been my general view that I here for so long? No. They would not ment and plays a large role in national sit in judgment on clients when they come to put their name on the endorsement of security issues. me. I viewed that as the job of the Court His responsibilities include over- when I was a lawyer. And just as someone anyone who did not consider the pro- once said, you know, it’s the guilty people tection of children as one of their para- seeing the closing of the detention fa- who really need a good lawyer, I also view mount goals. They know David Ogden cility at Guantanamo Bay and the that I don’t evaluate whether I as a judge will do that. They know what I know: transfer of the remaining 245 detainees would agree with a particular position when David Ogden is a man of integrity and to new locations, signing FISA intel- somebody comes to me for what I did, which commitment to the rule of law. He is ligence applications, and coordinating was provide legal advice and assistance. someone who will work with our Attor- responses to terrorist attacks. So that is what we are talking about ney General, Eric Holder, to restore He is also responsible for the day-to- here. We have someone in this can- credibility to the Justice Department, day management of the Justice Depart- didate who has broad support from peo- to restore morale, to make it the kind ment’s more than 100,000 employees ple who have served in his role under of place where lawyers, the kids com- and its budget of over $25 billion. And both Democratic and Republican At- ing out of law school, say: That is he manages the criminal division, the torneys General. We have someone who where I want to work. I want to go FBI, and the over 90 U.S. attorney’s of- has the endorsement of the Fraternal work for Eric Holder and David Ogden. fices nationwide. Order of Police, a major law enforce- That is what we need restored in our This is a critical position both for ment organization, and someone who Justice Department. That is why we the enforcement of our criminal laws

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.016 S12MRPT1 jbell on PROD1PC69 with SENATE S3046 CONGRESSIONAL RECORD — SENATE March 12, 2009 and for keeping Americans safe from During the Clinton administration, President Obama announced Mr. harm. Ogden proved himself at every turn. In Ogden’s nomination on January 5, but President Obama has chosen David addition to being promoted three times the Judiciary Committee did not re- Ogden to be the Deputy Attorney Gen- to high level positions—from Associate ceive his nomination materials until eral, and his record shows why: Deputy Attorney General to Chief of January 23, and he was not officially Ogden is a Harvard Law School grad- Staff to Assistant Attorney General— nominated until January 26. The com- uate, and a former clerk to a U.S. Su- he also received the Attorney General’s mittee promptly held a hearing on his preme Court Justice. Medal in 1999 and the Edmund J. Ran- nomination on February 5, just 13 days He is a nationally recognized liti- dolph Award for Outstanding Service in after receiving his nomination mate- gator with over 25 years of experience 2001. He took the lead on a landmark rials. His hearing record was open for and the cochair of the Government and lawsuit against the cigarette compa- written questions for 1 week, until Feb- Regulatory Group at one of DC’s top nies for lying to the American people ruary 12, and Mr. Ogden returned his law firms. about the health risks of smoking. responses on February 18 and 19. Mr. Ogden is also a former Deputy Under his guidance, the Civil Division Following Mr. Ogden’s hearing, the General Counsel and legal counsel at recovered more than $1.5 billion in tax- Judiciary Committee received an un- the U.S. Department of Defense, where payer money from Government con- precedented number of opposition he received the highest civilian honor tractors in the health care industry phone calls and letters for a Depart- you can receive—the Department of and elsewhere that had overbilled the ment of Justice nominee. In total, the Defense Medal for Distinguished Public government and defrauded the Amer- committee has received over 11,000 con- Service. ican people. And he vigorously de- tacts in opposition to his nomination. And he is a former Associate Deputy fended the Child Pornography Preven- Despite this overwhelming opposition, Attorney General, chief of staff and tion Act of 1996 and the Child Online the committee promptly voted on Mr. counselor to the Attorney General, and Protection Act of 1998. Ogden’s nomination on February 26. Assistant Attorney General for the This is a nominee who has proven I would note that the week prior to Civil Division at the Department of himself in Government. the committee’s vote on Mr. Ogden’s Justice. In his confirmation hearing, Ogden nomination was a recess week and was also laid out his priorities for the fu- David Ogden knows the Department the same week the committee received ture. He said his top priorities will be of Justice inside and out, and he has al- Mr. Ogden’s answers to his written protecting the national security, re- ready proven that he can be an effec- questions. Per standard practice, the storing the rule of law, and restoring tive leader. committee could not have voted on nonpartisan law enforcement at DOJ. him prior to February 26 because the In fact, over 50 individuals and He told us that he is committed to groups have written in to support this record was not complete. making sure that DOJ fights financial, Rather than hold this controversial nomination. mortgage and securities fraud effec- Ogden has the endorsements of: nomination over for a week in com- tively. mittee, which is any Senator’s right, the Federal Law Enforcement Officers Asso- And he pledged in no uncertain terms Republicans voted on Mr. Ogden’s nom- ciation, the Fraternal Order of Police, the that if confirmed he would ‘‘rec- ination the first time he was listed, on Major Cities Chiefs Association, the Na- ommend that protecting children and tional Association of Police Organizations, February 26. Five of the eight com- families should be a top priority, in- the National District Attorneys’ Associa- mittee Republicans voted against his cluding through the prosecution of tion, the National Narcotic Officers’ Associa- nomination, a strong showing of the tion Coalition, the National Sheriffs’ Asso- those who violate federal obscenity laws.’’ concern over Mr. Ogden’s nomination. ciation, the Community Anti-Drug Coali- And now, just 45 days after Mr. Ogden tions for America, the National Center for In a 2001 speech at Northwestern Law Missing and Exploited Children, the National School, Ogden explained to a group of was nominated and despite significant Center for Victims of Crime, the Judge Advo- students that a government lawyer’s opposition, the Senate is poised to vote cates General, the Boys and Girls Club of client is not ‘‘the President, the Con- on his confirmation. America, and the Partnership for a Drug- gress, or any agency, although the Even giving Democrats the benefit of Free America. views of each may be extremely rel- the doubt and allowing that Mr. The letters state again and again evant,’’ his client is the people of the Ogden’s nomination was announced on that Ogden was a standout public serv- ‘‘United States.’’ January 5, 66 days ago, the Senate is ant before and that he is highly quali- The American people will be well still acting as quickly as it has on past fied for the position of Deputy Attor- served by having David Ogden on our Deputy Attorney General, DAG, nomi- ney General. side. He is an outstanding lawyer and a nees. On average since 1980, Senators Let me read just a few remarks from dedicated public servant. have been afforded 65 days to evaluate officials who served in Republican ad- It has been 66 days since President DAG nominees. Further, Senators were ministrations: Paul Cappuccio, the As- Obama nominated David Ogden to be afforded 85 days to evaluate the nomi- sociate Deputy Attorney General under the Deputy Attorney General. nation of Larry Thompson, President George H.W. Bush, has written: He is a good nominee that should not Bush’s first DAG nominee and 110 days I consider myself a judicial and legal con- be held up. Let’s let him get to work to evaluate the nomination of Mark servative, and believe it is important to ap- without any further delay. Filip. Yesterday, Senator Leahy said point high-quality individuals who will up- Mr. COBURN. Mr. President, I would he had ‘‘urged’’ the ‘‘fast and complete hold the rule of law. In my view, David like to take a minute to briefly discuss confirmation’’ of Mark Filip and that Ogden is . . . a person of the highest talent, my opposition to the nomination of ‘‘he was.’’ If 110 days was a ‘‘fast’’ con- diligence, and integrity. He is, in my view, David Ogden to be Deputy Attorney firmation, then how is 66 days an an excellent pick. General of the United States. ‘‘undue delay?’’ In short, I take issue Larry Thompson, who was Deputy First, however, I would like to take a with the chairman’s characterization Attorney General under George W. minute to respond to allegations made of any ‘‘undue delay’’ on this nomina- Bush, has said that Ogden is ‘‘a person yesterday by Senator LEAHY, who criti- tion. of honor who will, at all times, do the cized the ‘‘undue delay’’ of David As a member who shares the con- right thing for the Department of Jus- Ogden’s nomination and further stated cerns of the thousands of individuals tice and our great country.’’ that ‘‘It was disturbing to see that the who have called the committee, I And from Richard Taranto, a high- president’s nominee of Mr. Ogden to would now like to explain my opposi- ranking DOJ lawyer under President this critical national security post was tion to David Ogden’s nomination to be Reagan: ‘‘The country could not do held up this long by Senate Repub- Deputy Attorney General. better.’’ licans apparently on some kind of a If confirmed, Mr. Ogden would be the This is very strong support for partisan whim.’’ There was no such second-highest ranking official in the Ogden. I also hope that my colleagues delay. I would like to set the record Department of Justice. The Deputy At- will look closely at his track record as straight on the Senate’s prompt con- torney General possesses ‘‘all the a public servant. sideration of this nominee. power and authority of the Attorney

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.001 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3047 General, unless any such power or au- I was disappointed—and somewhat we fix the banks and get credit flowing thority is required by law to be exer- shocked—that, given an opportunity to again. cised by the Attorney General person- respond to such a statement, the best I would like to make a constructive ally.’’ He supervises and directs all or- Mr. Ogden could offer was further clari- suggestion to our new President, who I ganizational units of the Department, fication that he was representing the think is an impressive individual, and and aides the Attorney General in de- views of client. When pressed for his to Secretary Geithner, because while veloping and implementing Depart- personal views on the matter, he re- that may be the goal of the Govern- mental policies and programs. To say fused to answer. As a result, I am left ment, the country is not yet persuaded the least, this is an important position. to guess at what this nominee’s views the Government will do that or can do America is entitled to the most are on a matter of critical importance. that. qualified and judicious person to fill Similarly, I asked Mr. Ogden whether I asked Secretary Geithner whether such a crucial role. My concern is that he believes that adult obscenity con- he is familiar with a book by Ernest David Ogden falls short of those expec- tributes to the sexual exploitation of May, a longtime professor at the Ken- tations. children in any way. Further, I asked nedy School of Government at Harvard Mr. Ogden is undoubtedly a bright him whether he personally believes University. The book is called ‘‘Think- and accomplished attorney. Although that adult obscenity contributes to the ing in Time: The Uses of History for he lacks criminal trial experience that demand for prostitutes, and/or women Decision Makers.’’ The reason I asked would be helpful in overseeing DOJ and children who are trafficked into Secretary Geithner about that was be- components such as the Criminal Divi- prostitution. His curt response was the cause Ernest May’s book ought to be sion, National Security Division, U.S. same for both questions: ‘‘I have not required reading for any governmental Attorneys’ Offices, FBI, and DEA, it studied this issue and therefore do not decision maker. The thesis of the book appears he is fit to serve as Deputy At- have a personal belief.’’ It is hard to is that any crisis one may be pre- torney General. believe that a lawyer who devoted sig- sented—if you are Secretary of Treas- My concern is with his views on some nificant time and energy throughout ury, Secretary of Defense—usually has of the most important issues within his career to representing the pornog- something in history to teach you a the Department’s purview. During Mr. raphy industry would not have an opin- lesson. For example, if you are the Ogden’s time as an attorney in private ion on these issues. Kennedy administration dealing with practice, he vigorously defended very In response to my question about the Cuban missile crisis in the early sensitive and controversial issues such whether he personally believes there is 1960s, you may want to look back to as abortion, pornography, the incorpo- a Federal constitutional right to same- Hitler’s invasion of Rhineland in 1936 ration of international law in Constitu- sex marriage, he replied: ‘‘I have not to see whether we should have stopped tional interpretation, and the uncon- studied this issue and therefore have him then and avoided, perhaps, World stitutionality of the death penalty for not developed a personal view as to War II. minors. whether there is a constitutional right Professor May often says one has to While I recognize that lawyers should to same-sex marriage.’’ I simply find it be very careful in thinking about the not necessarily be impugned for the hard to believe that a lawyer of the different analogies because you might views of their clients, I am particularly caliber and experience possessed by pick up the wrong analogy and the concerned about a pattern in Mr. David Ogden has not thought about wrong lesson from history. I would like Ogden’s representations, namely his matters of such widespread public de- to suggest to the President and to the work on obscenity and pornography bate. Secretary of Treasury, in the spirit of litigation. In these cases, Mr. Ogden In short, although I am impressed by Professor May’s book, a couple of anal- has consistently argued the side of the Mr. Ogden’s credentials, his lack of ogies from history that I believe would pornography producers, opposing legis- candor in response to my questions help this country deal with the bank- lation designed to ban child pornog- leaves me guessing about the approach ing crisis, deal with getting credit raphy, including the Children’s Inter- he will take to these and other sen- flowing again, and begin to get us back net Protection Act of 2000 and the sitive issues at the Department of Jus- toward the economic recovery that we Child Protection and Obscenity En- tice. While former clients or advocacy all want for our country and that we forcement Act of 1998. should not necessarily disqualify a law- very badly need. At his hearing and in response to yer from such positions, David Ogden The first example comes from Presi- written questions, Mr. Ogden main- did not do enough to distance himself dent Franklin Delano Roosevelt, who tained that the views he advocated in from controversial views he advocated was elected after a deep recession, and these cases were those of his client, in the past, often against the interests maybe even a depression was already and not necessarily his own. While I ac- of the government. Therefore, Mr. underway, much worse than today. Mr. cept this as plausible, I am unsatisfied Ogden’s performance throughout this President, 5,000 banks had failed, and with Mr. Ogden’s unwillingness to an- nomination process is not enough to deposits were not insured. What did swer my specific questions about his overcome the unfortunate presump- President Roosevelt do? He did one own personal beliefs. Discerning such tions created by his record of represen- thing: Within 2 days after taking the personal views is crucial to adequately tation. I am unable to support his nom- oath of office, he declared a bank holi- evaluating a nominee who may be ination. day, from March 6 to March 10, 1933. charged with enforcing the very laws The PRESIDING OFFICER. The Sen- Banking transactions were suspended he has opposed in the past. ator from Tennessee. across the Nation except for making It would not have been hard for Mr. Mr. ALEXANDER. Mr. President, I change. He presented Congress with the Ogden to distance himself from some of ask unanimous consent to speak for up Emergency Banking Act. The law em- the extreme views he advanced on be- to 15 minutes as in morning business, powered the President, through the half of his clients. For example, in his with the time charged to the Repub- Treasury Department, to reopen banks brief for the American Psychological lican side on this debate. that were solvent and assist those that Association in Casey v. Planned Par- The PRESIDING OFFICER. Without were not. The House passed it after 40 enthood, he wrote: objection, it is so ordered. minutes of debate, and the Senate soon it is grossly misleading to tell a woman that SECRETARY GEITHNER followed. Banks were divided into cat- abortion imposes possible detrimental psy- Mr. ALEXANDER. I thank the Sen- egories. On the Sunday evening before chological effects when the risks are neg- ator from Vermont. the banks reopened, the President ad- ligible in most cases, when the evidence Mr. President, this morning Sec- dressed the Nation through one of his shows that she is more likely to experience retary Geithner appeared before the signature fireside chats. The President feelings of relief and happiness, and when Budget Committee. He had good assured 60 million radio listeners in child-birth and child-rearing or adoption may pose concomitant (if not greater) risks humor. He was resilient. He did a good 1933 that the crisis was over and the of adverse psychological effects for some job in his testimony. He said, a variety Nation’s banks were secure. By the be- women depending on their individual cir- of times, approximately this: There ginning of April, Americans con- cumstances. would be no economic recovery until fidently returned $1 billion to the

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.002 S12MRPT1 jbell on PROD1PC69 with SENATE S3048 CONGRESSIONAL RECORD — SENATE March 12, 2009 banking system; the bank crisis was could I learn how best to serve the American eager to work—and I will make them over. Now, there was a lot more to people in the cause of peace. I shall go to subordinate to that goal. In the spirit come. That was not the end of the Korea. of President Eisenhower: I will con- Great Depression, but it was the end of On November 29, in the same month centrate my full attention on this goal the bank crisis, and it came because of he was elected to the Presidency, until the job is honorably done; that swift and bold Presidential leadership. Dwight D. Eisenhower left for Korea. job being, fixing the banks and getting The lesson I would suggest from that The lesson from that instance in his- credit flowing again. analogy to our nation’s history, is that tory, as Ernest May would have us look I genuinely believe that if this Presi- President Roosevelt did not try to cre- at, is not that President Eisenhower dent did that, if he, in effect, made ate the Tennessee Valley Authority ended the Korean war by Christmas or that speech, cleared the decks, gath- and the Civilian Conservation Corps even by Easter of the next year. The ered around him the bright people he and the PWA and the WPA and pack lesson is that he told the American has around him and said to the Amer- the Supreme Court all in the first people he had one objective in mind. Of ican people: Don’t worry, a President month of his term of office. all the things going on in 1952—infla- can do this and I am going to. That He declared a banking holiday within tion and other problems—he focused on statement would be the beginning of 2 days after taking office. He assured the one that only a President could the economic recovery. Because lack of the country that he would fix the prob- deal with. He did it in memorable confidence is a big part of our problem. lem. He went on the radio not for the terms. We remember the phrase today: This crisis began with $140 oil prices. purpose of talking about the whole I shall go to Korea. The people believed That was, in the words of FedEx chair- range of problems but to say, on March him. They elected him. They relaxed a man Fred Smith, ‘‘The match that lit 12, 1933: I want to talk for a few min- little bit. The war was ended, and the the fire.’’ Then there was the housing utes to the people of the United States 1950s were a very prosperous time. subprime mortgage crisis and then about banking. And he explained what I wish to make this a constructive banking failures. was going on. He said: We do not want and, I hope, timely suggestion because Now, even in strong community and we will not have another epidemic the President and the Secretary are banks in Tennessee, we have people of bank failures. He said: We have pro- about to tell us what they are going to who are out of work and who can’t pay vided the machinery to restore our fi- do about banks. What I would like to their small business loans or student nancial system. suggest is this: they don’t need to scare loans. Some of those banks are begin- The people believed him. They put us anymore. Back in Tennessee, we are ning to have some problems. money back in the banks because the all pretty scared. There are a lot of We need to interrupt this train. We American people were looking for Pres- people who are not sure what is going only have one person who can do it. A idential leadership at that moment. to happen with the banks. They don’t Senator cannot do it. The Vice Presi- They knew that the Congress or the need to explain the whole problem to dent cannot do it. The Secretary of the Governors or other individuals in the us anymore. That is not what leaders Treasury cannot do it. No Governor country could not fix the bank prob- do. Leaders solve problems. Maybe it can do it. The President can; only he lem. They knew the President had to needs to be explained enough so we can do it. Even though he may be able fix it. When the President took decisive grasp it, but basically Americans are to do many things well at one time, he action and said he would fix the prob- looking for Presidential leadership to needs to do one thing until the job is lem, the country responded and that solve the problem. honorably done. part of the problem was fixed. The I don’t think we have to be persuaded My respectful suggestion is that Er- bank crisis was over. That is analogy that our impressive new President is nest May’s book, which reminds lead- No. 1. capable of doing more than one thing ers to think in terms of history, Analogy No. 2—and I believe the at a time. He may have shown that bet- ‘‘Thinking in Time,’’ is a powerfully analogy is closer to today’s challenge ter than anybody else in history. We apt book for these times. As the Sec- facing President Obama and Secretary have already had two summits—one on retary and the President and his advis- Geithner and all of us, really—is Presi- health and one on fiscal responsibility. ers think about how to present to the dent Eisenhower’s speech in October I was privileged to attend one of the American people what their plan is, 1952 in which he declared he would end summits. I thought it went very well. they should remember that a part of it the Korean war. I’d like to read a para- The President has repealed some of is not only developing a strategy. The graph from that speech because it President Bush’s orders that he didn’t most important part is persuading at seems to me so relevant to the kind of agree with on the environment and least half the people they are right. I Presidential leadership that might stem cell research. The President has believe that means clearing the deck: make a difference today. been out to a wind turbine factory in no more summits, no more trips in President Eisenhower said: Ohio talking about energy. He has per- other directions. Focus attention on The first task of a new administration will suaded Congress to spend a trillion dol- the problem facing the country until be to review and re-examine every course of lars, over my objection, but still he the job is honorably done. action open to us with one goal in view: to was able to do that in the so-called In Eisenhower fashion, I hope the bring the Korean war to an early and honor- stimulus bill. The new Secretary of President will say: I will fix the banks. able end. Education has worked with the Presi- I will get credit flowing again. I will In these circumstances today, one dent, and he made a fine speech on edu- concentrate my attention on that job might say to bring the bank crisis and cation the other day. He is doing a lot until it is done. the credit freeze to an early, honorable of things. A lot of things need to be I yield the floor, suggest the absence end. done. of a quorum, and ask unanimous con- President Eisenhower, then a gen- The point is, there is one overriding sent that the time during the quorum eral, not President, said: thing that needs to be done today, and be split evenly between the parties. This is my pledge to the American people. that is to fix the banks and get Amer- The PRESIDING OFFICER. Without For this task a wholly new administration is ican credit flowing again. President objection, it is so ordered. needed. The reason for this is simple. The old Roosevelt didn’t create the Tennessee The clerk will call the roll. administration cannot be expected to repair Valley Authority and the CCC and the The legislative clerk proceeded to what it failed to prevent. WPA during the bank holiday. He fixed call the roll. In other words, the issue in the Presi- the banks. So my respectful suggestion Mr. WHITEHOUSE. Mr. President, I dential election of 1952 was change. is that our impressive, new President ask unanimous consent that the order That is also familiar. It just happened say to the American people as soon as for the quorum call be rescinded. to be the Republicans arguing for he can, in Eisenhower fashion: I will fix The PRESIDING OFFICER. Without change at the time. the banks. I will get credit flowing objection, it is so ordered. Then the President said: again. I will take all these other impor- Mr. WHITEHOUSE. Mr. President, I That job requires a personal trip to Korea. tant issues facing the country—health ask unanimous consent that my time I shall make that trip. Only in that way care, education, energy, on which I am be charged equally to both sides.

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.017 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3049 The PRESIDING OFFICER. Without ship team in place as quickly as pos- Mr. SPECTER. Mr. President, I ask objection, it is so ordered. sible. It is March 12 and the Attorney unanimous consent that the order for Mr. WHITEHOUSE. Mr. President, I General does not have his Deputy con- the quorum call be rescinded. come to the floor today to urge my col- firmed by this body. Despite some very The PRESIDING OFFICER. Without leagues to support the nomination of unfortunate delay tactics that have objection, it is so ordered. David Ogden to be our Deputy Attor- taken place, Chairman LEAHY is doing Mr. SPECTER. Mr. President, I have ney General. In doing so, I will make a all he can to move these nominees in a sought recognition to discuss briefly few brief points. careful, deliberate, and expeditious the pending nomination of David Ogden First, Mr. Ogden is extraordinarily manner. I commend him for that effort to be Deputy Attorney General. I had qualified as a lawyer. He has served as and I look forward to supporting him spoken on the subject in some detail 2 the Assistant Attorney General in in that effort. days ago, and my comments appear in charge of the Civil Division, as the I would also add that as a Senator I the CONGRESSIONAL RECORD. But I wish Chief of Staff to Attorney General have found some of the comments that to summarize my views today and also Janet Reno, as the Associate Deputy have been made about Mr. Ogden to be to respond to an issue which has been Attorney General, and as Deputy Gen- very troubling, and certainly not the raised about undue delay on Mr. eral Counsel over at the Department of sort of debate I had in mind when I ran Ogden’s nomination. There has been no Defense. He has a distinguished govern- to be a Senator. Everybody here who is such delay, and I think that is conclu- ment record. a lawyer knows that a lawyer in pri- sively demonstrated on the record. He has also been a distinguished law- vate practice has a duty—a duty—to President Obama announced Mr. yer in the private sector, as evidenced zealously advocate—to zealously advo- Ogden’s nomination on January 5, but by his position as cochair of the Gov- cate—the position of his client. What the Judiciary Committee did not re- ernment and Regulatory Litigation makes our system great is that you ceive the nomination materials until Group at the law firm of WilmerHale. don’t have to win a popularity contest January 23, and he was not officially His qualifications for this important as a client before you can get a zealous nominated until January 26. position as Deputy Attorney General advocate for your position. Every law- Then the committee promptly held a are exemplified by the support of yer is under a duty to zealously advo- hearing on his nomination on February former Deputy Attorneys General of cate their client’s position. 5, 13 days after receiving his nomina- both parties. So to take a lawyer who has served tion materials. His hearing record was Republican Larry Thompson said: in private practice with great distinc- open for written questions for 1 week, David is a person of honor who will, at all tion and attribute to him personally until February 12, and Mr. Ogden re- times, do the right thing for the Department the views of clients is plain dead wrong turned his responses on February 18 of Justice and our great country. As a cit- and strikes at the heart of the attor- and 19. izen, I am extremely grateful that a lawyer ney-client relationship that is the basis Following Mr. Ogden’s hearing, the of David’s caliber again offers himself for Judiciary Committee received an un- public service. of our system of justice. It is a terrible mistake to do that, and particularly to precedented number of opposition calls Democrat Jamie Gorelick wrote that exaggerate those positions to the point and letters—over 11,000 contacts in op- David Ogden ‘‘is a man of unusual where he has been accused of sup- position to the nominee, unprecedented breadth and depth who is as well pre- porting things such as child pornog- for someone in this position. Despite pared to help lead the Department as raphy. It is an appalling misstatement. this opposition, the committee prompt- anyone who has come in at the outset The major organizations that concern ly voted on Mr. Ogden’s nomination on of a new administration can possibly themselves with the welfare of children February 26. be.’’ I note that the week prior to the in this country support David Ogden. Second, now more than ever, the De- committee’s vote on Mr. Ogden’s nomi- That should put these false claims to partment needs a competent Deputy nation was a recess week, and it was rest. However, I do very much regret Attorney General. I will not go back the same week the committee received that the level of debate over someone and review the long sad litany of prob- Mr. Ogden’s answers to his written such as David Ogden in this historic lems—to put it mildly—we saw in the questions. As is the standard practice, body has come to a point where those Bush Justice Department. But the in- the committee would not have voted on sorts of charges are being thrown out, competence and politicization that ran him prior to February 26 because the completely without factual basis and, rampant through that building must record was not complete. in many respects, in violation of what never be repeated. Rather than hold this nominee over we should as Senators understand to be The Deputy Attorney General is the for a week in committee, which is any a core principle, which is that a lawyer second ranking member at the Depart- Senator’s right, Republicans voted on is bound to advocate for his client and ment, and some have compared the po- Mr. Ogden’s nomination for the first to do so does not confer upon the law- sition to a chief operating officer. We time he was listed, on February 26. And yer the necessity of agreeing to those need in that office a person who under- now, 45 days after Mr. Ogden was nomi- views. stands what makes the Department of nated, the Senate is poised to vote on Justice such an important and unique As somebody who spent a good deal his nomination. institution, who is committed to re- of time in public service as a lawyer Even allowing that Mr. Ogden’s nom- storing the Department’s honor and in- and who has spent some time in private ination was announced on January 5— tegrity, who will act independent of po- practice as a lawyer as well, I can tell 66 days ago—the Senate is still acting litical pressure, and who understands my colleagues that one of the reasons as quickly as it has on past Deputy At- the levers within the building that people come to public service is so they torneys General. need to be pulled to get things done. can vindicate the public interest. On average, since 1980, Senators have Based on my review of his background David, as Deputy Attorney General, I been afforded 65 days to evaluate Dep- and based on his confirmation hearings have no doubt whatsoever will serve in uty Attorney General nominees. Sen- and based on my personal conversa- a way that vindicates the public inter- ators were afforded 85 days to evaluate tions with David, I believe him to be est, that protects children, that pro- the nomination of Larry Thompson and such a man. tects our country, and that serves the 110 days to evaluate the nomination of I commend Chairman LEAHY for his law. Mark Filip, both nominated by Presi- determination to confirm as many De- I appreciate the opportunity to say dent George W. Bush. In fact, we are partment nominees as quickly as pos- this, and I yield the floor. voting on Mr. Ogden’s nomination fast- sible. The Department has more than Mr. President, I suggest the absence er than any of President Bush’s nomi- 100,000 employees and a budget exceed- of a quorum. nees: Larry Thompson, 85 days; James ing $25 billion. It is also tasked with The PRESIDING OFFICER. The Comey, 68 days; Paul McNulty, 147 confronting the most complex and dif- clerk will call the roll. days; and Mark Filip, 110 days. I be- ficult legal challenges of our day. The The assistant legislative clerk pro- lieve these facts put to rest any allega- Attorney General must have his leader- ceeded to call the roll. tion there was any delay.

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.019 S12MRPT1 jbell on PROD1PC69 with SENATE S3050 CONGRESSIONAL RECORD — SENATE March 12, 2009 I spoke on Wednesday urging my col- THOMAS J. PERRELLI I think it is fair to note that Mr. leagues to move promptly, noting I had ASSOCIATE ATTORNEY GENERAL Perrelli’s nomination was supported a call from Attorney General Holder Birth: 1966, Falls Church, Virginia. overwhelmingly in the committee, the who said he was needed. Not having Residence: Arlington, Virginia. same conclusion I came to. It was a 17- had any top-level people confirmed, I Education: A.B., Brown University, magna to-1 vote in his favor. Only one Senator cum laude, 1988; Phi Beta Kappa, 1987; J.D., think the Attorney General’s request is Harvard Law School, magna cum laude, 1991; voted no and one Senator voted to a very valid one. In my position as Managing Editor, Harvard Law Review. pass. That is showing pretty substan- ranking member, I am pushing ahead Employment: Law Clerk, Honorable Royce tial support. and trying to get the Ogden nomina- C. Lamberth, U.S. District Court for the Dis- I thank the Chair. I note the presence tion voted on. trict of Columbia, 1991–1992; Associate, Jen- of the distinguished chairman of the On Wednesday, I noted the fine aca- ner & Block LLP, Washington , DC, 1992–1997; committee, so I yield the floor to Sen- demic record and professional record Counsel to the Attorney General (Janet Reno), U.S. Department of Justice, 1997–1999; ator LEAHY. and put his resume into the RECORD, so Deputy Assistant Attorney General, U.S. De- The PRESIDING OFFICER. The Sen- I need not do that again. partment of Justice, Civil Division, 1999–Jan- ator from Vermont. I noted on Wednesday in some detail uary 2001; Unemployed, January 2001–June Mr. LEAHY. Mr. President, I under- the opposition which had been raised 2001; Partner, Jenner & Block LLP, Wash- stand my time has been used. We are by a number of organizations—Family ington, DC, 2001–Present; Managing Partner, supposed to vote at 2 p.m. I ask unani- Research Council, headed by Tony Per- Washington, DC office, 2005–Present; Co- mous consent that I be able to use the kins; Fidelis, a Catholic-based organi- Chair, Entertainment and New Media Prac- time until 2 o’clock. tice. zation; the Eagle Forum; and the Alli- Mr. SPECTER. Mr. President, if Sen- ance Defense Fund—on the positions Selected Activities: Named to ‘‘40 under 40,’’ National Law Journal, 2005; Recipient, ator LEAHY would like my time, he is which Mr. Ogden had taken in a num- Albert E. Jenner, Jr. Pro Bono Award, Jen- welcome to all of it. ber of cases. I also noted the judgments ner & Block, 2005; Recognized as one of The PRESIDING OFFICER. Without that when Mr. Ogden took those posi- Lawdragon’s 500 ‘‘New Stars, New Worlds,’’ objection, it is so ordered. tions, he was in an advocacy role and is 2006; Named Best Intellectual Property Law- Mr. LEAHY. Mr. President, I thank not to be held to those policy positions yer in Washington, DC by Washington Busi- the distinguished Senator from Penn- as if they were his own. ness Journal, 2008; Recognized as leading media and entertainment lawyer, Chambers sylvania for his support of both David I noted that the Judiciary Com- Ogden and Thomas Perrelli, both su- mittee is taking a close look at other & Partners USA, 2007–2008; Member, Amer- ican Bar Association. perbly qualified candidates, both of nominees—Elena Kagan, for example— whom will be confirmed this afternoon. on the issue of whether she adequately Mr. SPECTER. Mr. President, there had been some question raised as to I will speak further about Mr. Perrelli answered questions. I am meeting with after this vote. her later today. Her nomination is Mr. Perrelli’s representation of clients in a couple of cases—including the Again, I go back to David Ogden. pending. Also, the nomination of Ms. David Ogden has been strongly sup- Dawn Johnsen involving the issue of American Library Association v. At- torney General Reno, where he ap- ported by Republicans and Democrats, her contention that denying a woman’s those who served in the Bush adminis- right to choose constitutes slavery and peared on behalf of a coalition of free speech groups and media entities (in- tration and other administrations. I a violation of the 13th amendment. thought it was a scurrilous attack on I believe on balance Mr. Ogden ought cluding Penthouse) arguing that the him because he and his firm supported to be confirmed, as I said on Wednes- Child Protection Restoration and Pen- libraries, supported perfectly legal pub- day, noting the objections, noting the alties Enhancement Act of 1990 lications, and some Republicans saying concerns, and contrasting them with criminalized material in violation of they could not vote for him because of his academic and professional record. the first amendment. He took advocacy positions well recog- There were a number of letters filed that. I note that these same Republicans nized within the profession, but that is by pro-life organizations, including the all voted for Michael Mukasey, a fine a lawyer’s responsibility. He cannot be Pennsylvania Family Institute, Inter- held to have assumed those positions national Right to Life Federation, gentleman, to be Attorney General, as his own policy. Family Research Council, and the Na- who listed as one of his primary cases We will later today take up the nomi- tional Right to Life Committee. We his representation of the TV channel nation of the Associate Attorney Gen- have evaluated those issues closely. that carries ‘‘Dial-a-Porn.’’ eral. While I have the floor, I think it I questioned Mr. Perrelli in some de- Now, certainly when a Republican, appropriate to make some comments tail on the position he took in the nominated by a Republican, rep- regarding this nomination. Terri Schiavo case where he claimed resented Dial-a-Porn, that seems to be Thomas Perrelli is the nominee. He the Federal court did not have jurisdic- wrong; when a Democrat, nominated has an outstanding academic record: a tion. It seems to me as a legal matter, by a Democrat, represents libraries and graduate of Brown University, Phi the State court did not have exclusive basically a mainstream men’s maga- Beta Kappa and magna cum laude, very jurisdiction, that the Federal court zine, that is wrong. substantial indicators of academic ex- could take jurisdiction under Federal I hope we will avoid in the future cellence. Then Harvard Law School, doctrines. He defended his position say- such double standards. I see a man who again magna cum laude, 1991; man- ing that he was taking an advocate’s has helped children, who has volun- aging editor of the Harvard Law Re- role, and he thought it was a fair argu- teered his time, who has given great view. He clerked for Judge Lamberth in ment to make. My own view was that charity to children, and who has been the U.S. District Court for the District it was a little extreme. supported by the Boys and Girls Clubs, of Columbia. He has been an associate I think all factors considered, the ob- by the Missing and Exploited Chil- at Jenner & Block; counsel to the At- jections which have been raised of Mr. dren’s groups, by the National District torney General; Deputy Assistant At- Perrelli as Associate Attorney General Attorneys Association, and by every torney General; and later a partner in turn almost exclusively on positions he major law enforcement organization. Jenner & Block. He was named to the took as an advocate. I believe his out- So, Mr. President, I know time has ‘‘40 under 40’’ list by the National Law standing academic and professional expired, and I would ask for the yeas Journal; a recipient of the Jenner Pro record support confirmation. and nays on confirmation of the nomi- Bono Award; and recognized as one of Again, we are taking a very close nation. Lawdragon’s 500 ‘‘New Stars, New look at all of the nominees but, on bal- The PRESIDING OFFICER (Mr. BEN- Worlds.’’ ance, it seems to me that is the appro- NET). Is there a sufficient second? Mr. President, I ask unanimous con- priate judgment. Here, again, we are There appears to be a sufficient sec- sent to have printed in the RECORD his almost 2 months into a new adminis- ond. re´sume´. tration and the Attorney General does The question is, Will the Senate ad- There being no objection, the mate- not have any upper echelon assistants. vise and consent to the nomination of rial was ordered to be printed in the These confirmations will provide that David W. Ogden, of Virginia, to be Dep- RECORD, as follows: assistance. uty Attorney General?

VerDate Nov 24 2008 01:37 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.028 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3051 The clerk will call the roll. Republican Senators and Democratic Perrelli’s nomination, including the The bill clerk called the roll. Senators, ask if there is a possibility of National President of the Fraternal Mr. DURBIN. I announce that the this to be a voice vote. A number of Order of Police, the Major Cities Chiefs Senator from West Virginia (Mr. them have airplanes to catch. I men- Association, and the National Associa- BYRD), the Senator from North Caro- tion that for Senators on both sides of tion of Police Organizations. Paul lina (Mrs. HAGAN), and the Senator the aisle. Clement, who worked for Senator from Massachusetts (Mr. KENNEDY) are I am perfectly willing at some appro- Ashcroft and then Attorney General necessarily absent. priate time to yield back all our time Ashcroft and was appointed by Presi- Mr. KYL. The following Senators are and have a voice vote on President dent Bush to be Solicitor General, necessarily absent: the Senator from Obama’s nomination of Thomas J. wrote that career professionals at the Nebraska (Mr. JOHANNS), the Senator Perrelli to be the Associate Attorney Department who had worked with Mr. from Texas (Mr. CORNYN), and the Sen- General, the number three position at Perrelli ‘‘held him in uniformly high ator from Georgia (Mr. ISAKSON). the Justice Department. He is a su- regard’’ and that Mr. Perrelli’s ‘‘prior Further, if present and voting, the perbly qualified veteran of the Depart- service in the Department should pre- ment of Justice who has chosen to Senator from Texas (Mr. CORNYN) pare [him] to be a particularly effec- would have voted ‘‘nay.’’ leave a lucrative private practice to re- tive Associate Attorney General.’’ He The PRESIDING OFFICER. Are there turn to public service. This nomination also described Mr. Perrelli as ‘‘an in- was reported out of the Judiciary Com- any other Senators in the Chamber de- credibly skilled lawyer’’ whose ‘‘skills mittee one week ago by a strong, bipar- siring to vote? would serve both Tom and the Depart- tisan vote of 17–1. I thank Senator The result was announced—yeas 65, ment very well if he is confirmed as the SPECTER, Senator HATCH, Senator KYL, nays 28, as follows: Associate Attorney General.’’ Senator SESSIONS, Senator GRAHAM and [Rollcall Vote No. 97 Ex.] I urge the Senate to confirm Tom Senator CORNYN for their support of Perrelli to the critical post for which YEAS—65 this important nomination. President Obama has nominated him. I Akaka Graham Murray Given Tom Perrelli’s background and Alexander Gregg Nelson (FL) qualifications, this strong support is no look forward to congratulating him, Baucus Harkin Nelson (NE) surprise. He is the managing partner of his wife Kristine and their two sons, Bayh Inouye Pryor the Washington, D.C. office of Jenner & James and Alexander on his confirma- Begich Johnson Reed tion. Bennet Kaufman Block. Before that he held important Reid I will withhold the remainder of my Bingaman Kerry Rockefeller posts at the Justice Department, earn- Bond Klobuchar Sanders time. Before I do that, I know the floor Boxer Kohl ing a reputation for independence and Schumer staff on both parties are seeing wheth- Brown Kyl integrity, as well as the respect of ca- Shaheen Burris Landrieu er it is possible to shorten the time. If Snowe reer lawyers at the Department. Mr. Cantwell Lautenberg Perrelli joined the Justice Department it is—I am stuck here this afternoon, Cardin Leahy Specter but for those Senators who are trying Stabenow in 1997 as Counsel to the Attorney Gen- Carper Levin to grab a flight out of here, it would be Collins Lieberman Tester eral. In that role, Mr. Perrelli assisted Conrad Lincoln Udall (CO) good to let them know. I retain the re- Udall (NM) the Attorney General in overseeing the Dodd Lugar civil litigation components of the De- mainder of my time. I see a distin- Dorgan McCain Voinovich guished former member of our com- Durbin McCaskill Warner partment of Justice, and also worked Feingold Menendez Webb on a wide variety of special projects, mittee, the Senator from Kansas, on Feinstein Merkley Whitehouse including professional responsibility the floor. I retain the remainder of my Gillibrand Mikulski Wyden issues for Department attorneys, and time and yield the floor. NAYS—28 law enforcement in Indian Country. The PRESIDING OFFICER. The Sen- Barrasso Crapo Murkowski From 1999 to 2001, Mr. Perrelli served ator from Kansas is recognized. Bennett DeMint Risch as Deputy Assistant Attorney General Mr. BROWNBACK. Mr. President, I Brownback Ensign Roberts rise to speak on the case of Mr. Bunning Enzi in the Civil Division, supervising the Sessions Federal Programs Branch. That branch Perrelli, nominated to be Associate At- Burr Grassley Shelby torney General. I rise to speak in oppo- Casey Hatch Thune defends Federal agencies in important Chambliss Hutchison Vitter constitutional, regulatory, national se- sition to the nomination. I will not be Coburn Inhofe Wicker curity, personnel and other litigation. long, but I think there is an important Cochran Martinez policy issue that needs to be discussed. Corker McConnell In addition, he played a leading role on significant policy issues ranging from I would be prepared to yield back NOT VOTING—6 medical records privacy, the use of ad- time after that point in time. I do not Byrd Hagan Johanns know if we have other people who de- Cornyn Isakson Kennedy justed figures in the census to Indian gaming, and social security litigation. sire to speak, so Members could move The nomination was confirmed. A Phi Beta Kappa graduate from on about their busy day. The PRESIDING OFFICER. The mo- Brown University and graduate of Har- I do think we have an important dis- tion to reconsider is considered made vard Law School where he served as cussion here. I have no doubt of the and laid on the table, and the President the Managing Editor of the Harvard qualifications of Mr. Perrelli to be As- will be informed of the Senate’s action. Law Review, Mr. Perrelli has dem- sociate Attorney General. I think from f onstrated throughout his years in Gov- what the chairman has stated—and I have no reason to dispute what the NOMINATION OF THOMAS JOHN ernment that he understands that the role of the Department of Justice is to chairman has stated about the quali- PERRELLI TO BE ASSOCIATE AT- fications of Mr. Perrelli. I think they TORNEY GENERAL be the people’s lawyer, with first loy- alty to the Constitution and the laws are good. I do not ascribe bad motives The bill clerk read the nomination of of the United States. He clerked for whatsoever to him or anybody. But I Thomas John Perrelli, of Virginia, to Judge Royce Lamberth, a no nonsense think there is a very important policy be Associate Attorney General. judge. In private practice, first as an discussion that needs to take place The PRESIDING OFFICER. The Sen- associate at Jenner & Block from 1992 here, with an opportunity to vote, be- ator from Vermont is recognized. to 1997 and then, again, from 2001 to the fore we put this individual third in Mr. LEAHY. Mr. President, what is present where he became a partner and command of the Justice Department, the agreement on the Perrelli nomina- then the managing partner of its well- to oversee management of the Depart- tion? respected Washington office, he is rec- ment’s day-to-day operations, includ- The PRESIDING OFFICER. There is ognized as an outstanding litigator and ing formulating departmental policies. to be 90 minutes of debate, evenly di- manager. He will need all those skills Concerns have been raised with re- vided. to call on all his experience in the gard to Mr. Perrelli’s nomination to be Mr. LEAHY. Mr. President, I am only challenging work ahead. Associate Attorney General primarily going to speak for 2 or 3 minutes. I Numerous major law enforcement or- due to his pro bono representation of have had a number of Senators, both ganizations have endorsed Mr. Terri Schiavo’s husband, Michael

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.030 S12MRPT1 jbell on PROD1PC69 with SENATE S3052 CONGRESSIONAL RECORD — SENATE March 12, 2009 Schiavo, in his effort to allow the star- than others, that some have more sacred, as being something worthy of vation to take place, and the dehydra- rights—or some have fewer rights than protection? Now, as people are policy, tion, of his wife. The death that took other individuals do. And we have been you put someone into the No. 3 posi- place several years ago captured the in that sort of policy discussion before, tion at the Justice Department who discussion and the thoughts in the and we have always regretted it. We holds a very radical point of view on country about issues about the quality are at our best when we are standing this, of all of the qualified lawyers that of life and whether we protect life that for the weakest people amongst us, are across the United States. The sig- is in a diminished qualitative state. It with the most diminished, with the nal that sends across the society is, was a tough discussion. It was a tough most difficulty. These are the ones we OK, there is a shift taking place here: debate. I was here and involved with it, want to stand for the most. we are not going to focus on human life as were a number of other individuals. One of the proud moments for me as objectively sacred, we are going to It was one that went back and forth for here in our body was to work a bill view it as subjectively needing to meet some period of time. Terri Schiavo, as with Senator KENNEDY on helping to criteria to protect. I might remind a number of individ- get more Down’s Syndrome children That may be seen as too stark, but uals, was in a very difficult mental here born alive because right now that was the stark question that was condition. Her husband was desiring to about 90 percent of them are killed in put forward in the Terri Schiavo case, withhold food and water from Terri utero. We worked on a way to have an and that was the stark question this Schiavo. adoption registry and an effort to rec- nominee decidedly went to one side on. The family members of Terri ognize that these are valuable people He could have stayed out of it, could Schiavo: No, we should not do this. We and we should not say that because of have not been involved whatsoever. should allow her to continue to live. their difficulty here, they should be re- But he didn’t. He freely and ‘‘freely’’ Food, water—provide those items to garded as less human. That is not a po- got involved in this case on one side in her. sition that upholds the nature and tra- a radical direction that I believe is It pulled back and forth on people. ditions and ideals of the United States wrong for the country to take. And the fundamental root question in- of America. It will be clearly possible that cases volved in it is, Do we put a subjective If a subjective judgment of qualify of involving euthanasia or other end-of- value on human life or is all human life life is what determines the value of an life issues may come before the Federal sacred, per se, in an objective sense? individual or the protections accorded courts during his tenure in office. With Because it is human life, is it sacred, to that individual, this has enormous cases in Oregon, the State of Wash- per se, or is there some sort of thresh- implications for all of us, both for the ington, probably being considered in old issue we should be considering on way we conduct our own lives and the other States, it is highly likely, actu- whether we protect human life to the way we order our society. If we have a ally, that these cases will come for- degree fully that we can and certainly fundamental mandate to protect the ward. I am deeply concerned that Mr. on the issues of providing food and most vulnerable amongst us, not just Perrelli’s view of this, while so decid- water? That was kind of the policy dis- those who have social or political in- edly on one side of it, will not be an ob- cussion and that was the conundrum fluence or those who are regarded as jective observer or enforcer of current we were in as a country because people productive, a reordering of our prior- U.S. law. I think that is a step back for could see both sides of this issue and ities and our laws becomes necessary. us protecting and defending the sanc- say: Gosh, she is in a difficult spot as Ultimately, the debate over Terri tity of basic human life. an individual. Her husband says: Let’s Schiavo was not one about States This is something I think all of us in withhold food and water. The family rights or medical ethics or end-of-life our own heart of hearts absolutely says: No. And the country was brought decisions; it was about whether we agree, that human life is sacred, it is into the discussion, the debate, as was measure life by a subjective or an ob- sacred at all stages, and it is sacred in this body. jective test. That is the fundamental all places. But now we are presented Mr. Perrelli was pro bono, rep- debate point here. Is it a subjective de- with a policy choice in a person. I resenting for free, Michael Schiavo, in termination? If you hit enough of these would hope that people, as they would this case, who was the primary pro- criteria, you are given full human look at this, would say that is not a di- ponent to withhold food and water for rights? If you have a few of these, too rection we should be going, that is not Terri Schiavo. I think before we put a few of these, you are not given full a direction we should be tilting in this person who took that position—he did human rights? Or is it an objective country as we deal with these end-of- this for free—into the No. 3 position at test? You are a human, of the species, life issues coming at a very rapid pace the Justice Department of the United you have full human rights in all situa- in front of legislative bodies at the States, we should discuss that because tions, and you are certainly entitled to State level, and I believe they will people are policy and what they view food and water even if are you in a dif- come here, and I believe they will enter and what they stand for does find its ficult mental condition. their way into the courts. way into policy apparatus for the I believe this is a very important de- For all of these reasons, I really United States of America. And this is a bate, and now we are seeing more of don’t believe we should go this route. I key issue for us. the country enter into it, end-of-life will be voting against Mr. Perrelli even I want to put it very clearly. While issues on the sacredness of human life: though I believe him to be a qualified there is a lot of emotion surrounding Does it exist at the end of life or not? individual because of the stark posi- this, there is a fundamental policy Do we have these objective or subjec- tion, the negative position he has question, as I mentioned a bit earlier, tive tests? taken, the subjective view he has ex- about this, and that is the basic issue Mr. Perrelli—by all accounts a good pressed with his advocacy of the view of, do we view human life sacred, per lawyer—comes out on one point of of human life in this very important se, or does the dignity that we treat in- view. He comes out on the point of position. dividuals with depend on their physical view that we can look at these in sub- I will retain the balance of the time or mental status as human beings? And jective ways, representing the client in in case other issues are raised, if there we shouldn’t get around the starkness this who looked at a subjective qual- are other issues that are raised. If of that debate. It is a stark debate, but ity-of-life case. Of all of the qualified there are not other issues that are it is an important one, and I think lawyers in the United States—and raised, I do not know if we have other clearly we should err on the side of there are many brilliant lawyers in the people to speak on our side. I would be saying: If this is a human person, then United States—why would we insist willing to yield back. But if other de- they are regarded as fully human with upon putting in as the No. 3 lawyer at bate points are raised, then I would all human rights regardless of any sort the Justice Department one who has a like to have a few minutes to respond. of diminished physical or mental ca- point of view that is so stark on this The PRESIDING OFFICER. The Sen- pacity they might have. To hold dif- and so against the view of most Ameri- ator from Vermont. ferently than that would be for us to cans, who would view all human life Mr. LEAHY. If the Senator would say that some people are more equal objectively as being beautiful, as being yield on that point. I disagree with him

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.031 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3053 on this. I do not believe Mr. Perrelli is National Congress of American Indians. the most he could say in response was a right-to-die advocate or that the po- Native American Rights Fund. that he was he needed to review even sitions he represented on behalf of cli- Women’s Bar Association of the District of more science before reaching any con- ents was extreme. In fact, all seven jus- Columbia. clusions. Because Mr. Perrelli refused tices of the Florida Supreme Court, OTHER SUPPORTERS to recognize even the possibility of most appointed by Republican gov- Boys and Girls Clubs of America. such a connection, or otherwise shed ernors, agreed with Mr. Perrelli’s argu- Oceana, Earthjustice, National Audubon light on his own personal views, I am Society, Center for International Environ- unsure how he will approach issues of ment. They struck down unanimously mental Law. the law that gave Governor Jeb Bush obscenity and exploitation at the De- Mr. LEAHY. This list includes nu- authority over Ms. Schiavo’s medical partment. Therefore, I am unable to merous major law enforcement organi- care. support Mr. Perrelli’s nomination. It is wrong to caricature Mr. Perrelli zations that have endorsed Mr. Mr. LEAHY. Mr. President, I ask as a ‘‘right to die’’ advocate. Mr. Perrelli’s nomination, including the unanimous consent that all debate Perrelli did not become involved in the National President of the Fraternal time on the Perrelli nomination be Schiavo litigation to further any per- Order of Police, the Major Cities Chiefs yielded back and that the provisions of sonal or political agenda and did not Association, and the National Associa- the previous order governing this nom- become involved in the litigation when tion of Police Organizations. It also in- ination remain in effect. the issue was Ms. Schiavo’s wishes. In cludes Paul Clement, who worked for The PRESIDING OFFICER. Is there fact, he did not become involved in the Senator Ashcroft and then Attorney objection? Mr. BROWNBACK. I object in that I case until after the Florida State General Ashcroft and was appointed by want to raise one additional point. And courts had fully and finally litigated President Bush to be Solicitor General. I do believe we should have a recorded the question of Ms. Schiavo’s wishes Mr. COBURN. Mr. President, I would like to make a very brief statement ex- vote. and her medical condition. Mr. The PRESIDING OFFICER. Objec- Perrelli’s concern was for an unprece- plaining my opposition to the nomina- tion of Thomas Perrelli, to be Asso- tion is heard. The Senator from Kansas dented challenge to the judicial proc- is recognized. ess. He argued that the Florida Legis- ciate Attorney General at the Depart- ment of Justice. Like other DOJ nomi- Mr. BROWNBACK. The additional lature passed a law that imposed one point I would raise on this is that my set of rules on Ms. Schiavo and a dif- nees, Mr. Perrelli’s past advocacy in- cludes work affecting obscenity. In par- colleague points to the Florida Su- ferent set of rules on everyone else in preme Court. I note that half of the Florida. And he was proven right, when ticular, he signed a brief attacking the Child Protection Restoration and Pen- Democrats in this body who returned the Florida Supreme Court unani- to vote on the Terri Schiavo case voted mously struck down the law taking the alties Enhancement Act of 1990 for ‘‘criminaliz[ing] the production and in favor of Terri Schiavo’s family. I decisions out of the hands of the family think there was a clear view on this, and giving them to the Governor. distribution of ‘sexually explicit’ speech unless the producer and dis- and that is my point, when you get a I ask unanimous consent that the radical position put forward that looks long list of those who have written to tributor comply with burdensome rec- ordkeeping and labeling require- at this in a subjective sense. the committee in support of Mr. With that, Mr. President, I would be ments.’’ The brief was filed on behalf of Perrelli’s nomination be printed in the willing to yield back time. I do want a Penthouse, the American Library Asso- RECORD. recorded vote to take place. There being no objection, the mate- ciation, and others, whom the brief col- Mr. LEAHY. Mr. President, I ask rial was ordered to be printed in the lectively describes as ‘‘mainstream na- unanimous consent that all debate RECORD, as follows: tional media entities.’’ time on the Perrelli nomination be To be clear, I recognize and respect LETTERS OF SUPPORT FOR THE NOMINATION OF yielded back and that the provisions of THOMAS J. PERRELLI TO BE ASSOCIATE AT- that lawyers are entitled to represent the previous order governing this nom- TORNEY GENERAL OF THE UNITED STATES (AS any client they choose. I do not believe ination remain in effect. OF MARCH 12, 2009) that arguments advanced on behalf of a The PRESIDING OFFICER. Without CURRENT & FORMER PUBLIC OFFICIALS client necessarily reflect the lawyer’s objection, it is so ordered. Bill Lann Lee; Lewis, Feinberg, Lee, views. Moreover, I do not believe that Mr. LEAHY. I ask for the yeas and Renaker & Jackson, P.C.; former Assistant examining past advocacy is sufficient nays. Attorney General, Civil Rights Division. or appropriate to ascertain the beliefs The PRESIDING OFFICER. Is there a Brad Berenson; Sidley Austin, LLP. Christine Gregoire; Governor, State of of a particular nominee, much less dis- sufficient second? Washington. qualify him. It does, however, invite le- There appears to be a sufficient sec- Paul D. Clement; former Solicitor General. gitimate questions about what a nomi- ond. State Attorneys General; Douglas F. nee’s personal views are on those same The question is, Will the Senate ad- Gansler, Maryland; Dustin McDaniel, Arkan- matters. vise and consent to the nomination of sas; Thurbert Baker, Georgia; Steve Six, Therefore, at his hearing, I asked Mr. Thomas John Perrelli, of Virginia, to Kansas; Jack Conway, Kentucky; James Perrelli whether he believed that adult be Associate Attorney General of the ‘‘Buddy’’ Caldwell, Louisiana; Martha obscenity contributed in any way to United States? Coakley, Massachusetts; Jim Hood, Mis- The yeas and nays have been ordered, sissippi; Chris Koster, Missouri; Steve Bul- the exploitation of children. He told lock, Montana; Roy Cooper, North Carolina; me that he had not reviewed the and the clerk will call the roll. Gary King, New Mexico; Drew Edmondson, science, so I sent him four studies to The legislative clerk called the roll. Oklahoma; Bob Cooper, Tennessee. review after the hearing, asking him to Mr. DURBIN. I announce that the Stephanie A. Scharf; former President, Na- respond with comments. His response Senator from West Virginia (Mr. tional Association for Women Lawyers was wholly inadequate. He said: BYRD), the Senator from North Caro- (NAWL). lina (Mrs. HAGAN), and the Senator I have reviewed the two summaries you LAW ENFORCEMENT & CRIMINAL JUSTICE from Massachusetts (Mr. KENNEDY) are forwarded, compiled by a social scientist at ORGANIZATIONS the University of Pennsylvania, which indi- necessarily absent. Federal Law Enforcement Officers Associa- cate her view that exposure to extreme Mr. KYL. The following Senators are tion. forms of pornography can teach behaviors, necessarily absent: the Senator from Fraternal Order of Police. Texas (Mr. CORNYN), the Senator from Major Cities Chiefs Association. including the sexual exploitation of children. National Association of Police Organiza- It appears there is a great deal of literature Nebraska (Mr. JOHANNS), the Senator tions, Inc. on the subject, and without a comprehensive from Georgia (Mr. ISAKSON), and the Police Executive Research Forum. examination of the research, I am hesitant Senator from Florida (Mr. MARTINEZ). to come to any firm conclusions on the VICTIMS’ ADVOCATES Further, if present and voting, the science. National Center for Missing and Exploited Senator from Texas (Mr. CORNYN) Children. Even after reviewing certain studies would have voted ‘‘yea.’’ National Center for Victims of Crime. concluding that there is a connection The PRESIDING OFFICER (Mr. WAR- CIVIL RIGHTS ORGANIZATIONS between pornography and child exploi- NER.) Are there any other Senators in Leadership Conference on Civil Rights. tation, which Mr. Perrelli recognized, the Chamber desiring to vote?

VerDate Nov 24 2008 01:37 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.032 S12MRPT1 jbell on PROD1PC69 with SENATE S3054 CONGRESSIONAL RECORD — SENATE March 12, 2009 The result was announced—yeas 72, Nation with whatever tools were nec- insurgent. His name is Abdullah nays 20, as follows: essary to ensure that we would never Mehsud. This former detainee, in July [Rollcall Vote No. 98 Ex.] be caught by surprise again. 2007, killed himself in engagement. He YEAS—72 So on September 18, 2001, Congress was responsible for the kidnapping of sent to President Bush the Authoriza- Akaka Gillibrand Mikulski Chinese nationals in Pakistan. After Alexander Graham Murkowski tion to Use Military Force. This was Pakistani forces began to close in on Baucus Gregg Murray signed into law. Twenty-six days after him, he blew himself up with a gre- Bayh Harkin Nelson (FL) the attacks on New York and Wash- nade. Begich Hatch Nelson (NE) Bennet Inouye Pryor ington, we commenced military oper- These are just a few of the examples Bennett Johnson Reed ations in Afghanistan. We had identi- that illustrate how precarious it can be Bingaman Kaufman Reid fied our enemy and determined the lo- to release these detainees to other na- Bond Kerry Rockefeller cation of his base of operation and tions. We are outsourcing the security Boxer Klobuchar Sanders Brown Kohl Schumer where this treacherous plot had been of our Nation to other countries. Burris Kyl Sessions devised. We took the fight to the Shouldn’t we be cautious and examine Cantwell Landrieu Shaheen Taliban and al-Qaida and engaged them who we are letting free? Who is taking Cardin Lautenberg Snowe Carper Leahy Specter in Afghanistan. In the course of those custody of these detainees? What secu- Casey Levin Stabenow engagements, U.S. and coalition forces rity precautions and monitoring meas- Collins Lieberman Tester captured enemy combatants. ures are in place to ensure they stay Conrad Lincoln Udall (CO) Early in 2002, enemy combatants who incarcerated or remain accountable? Corker Lugar Udall (NM) Dodd McCain Voinovich were seized on the battlefield began ar- If we shelve the only DOD strategic Dorgan McCaskill Warner riving at Guantanamo for detention. In interrogation facility we have and can- Durbin McConnell Webb 2004, the Supreme Court issued an opin- not place these detainees with con- Feingold Menendez Whitehouse Feinstein Merkley Wyden ion in Hamdi v. Rumsfeld that, as a fidence in other countries, will we be necessary incident to the AUMF, the forced to transfer these enemy combat- NAYS—20 President is authorized to detain per- ants to the United States? Removing Barrasso Crapo Risch sons captured while fighting U.S. these detainees from a secure military Brownback DeMint Roberts forces in Afghanistan until the ces- facility with an airport, a highly Bunning Ensign Shelby Burr Enzi Thune sation of hostilities. At one time, near- trained security force, a secure infra- Chambliss Grassley Vitter ly 800 detainees were housed at Guan- structure, and located on an island out- Coburn Hutchison Wicker tanamo. Approximately 525 detainees side the continental United States is, Cochran Inhofe have been transferred to other coun- in my opinion, reckless. Bringing these NOT VOTING—7 tries for detention or released outright detainees to the continental United Byrd Isakson Martinez and returned to their country of resi- States is tantamount to injecting a Cornyn Johanns dence. Approximately 60 detainees who virus into a healthy body. Hagan Kennedy were released were later recaptured on On January 22, 2009, President Obama The nomination was confirmed. the field of battle in Afghanistan or signed three Executive orders per- The PRESIDING OFFICER. Under have again taken up arms against the taining to Guantanamo and the enemy the previous order, the motion to re- United States on other fronts. combatants detained there. He has or- consider is considered made and laid Recently, as reported this year in the dered the closure of the detention facil- upon the table. The President will be January 23 edition of the New York ity within 12 months. He has also re- immediately notified of the Senate’s Times, a former Guantanamo detainee quired that any detainees presently in action. from Saudi Arabia has resurfaced as custody be treated humanely and in ac- f No. 2 in charge of al-Qaida in Yemen. cordance with the Army Field Manual. There he is, as shown in this picture: LEGISLATIVE SESSION In fact, this order references the De- Said Ali al-Shihiri, deputy leader for tainee Treatment Act of 2005, an act The PRESIDING OFFICER. The Sen- al-Qaida in Yemen; also known as Abu passed by Congress that required that ate will resume legislative session. Sayyaf al-Shihiri and also as Abu- the treatment of the detainees comply The Senator from Utah. Sufyan al-Azidi; and also known as with the Army Field Manual. The ob- f Guantanamo detainee No. 372. He was jective of this order was already ful- released from Guantanamo in Novem- ORDER OF PROCEDURE filled by the passing of that law. ber 2007. He planned the U.S. Embassy The third order commissioned a task Mr. HATCH. Mr. President, I ask attack in Yemen in September 2008. force to conduct a comprehensive re- unanimous consent that immediately Furthermore, it is believed this man view of options available that will pro- following my remarks, Senator BROWN was involved in the planning of an at- vide a solution and final disposition for be afforded the floor. tack on the American Embassy in the detainees at Guantanamo. The Ex- The PRESIDING OFFICER. Without Yemen last September. This terrorist ecutive order closing Guantanamo objection, it is so ordered. assisted in the murder of 10 Yemeni states: f citizens and 1 American—former Guan- Prompt and appropriate disposition of indi- tanamo detainee No. 372. GUANTANAMO BAY viduals currently detained at Guantanamo The Washington Post recently ran a and closure of the facilities in which they Mr. HATCH. Mr. President, I rise 2-day installment profiling a Guanta- are detained would further the national secu- today to express my apprehension re- namo detainee from Kuwait: Abdullah rity and foreign policy interests of the garding the closure of the Guantanamo Saleh al-Ajmi, also known as Guanta- United States. Bay Detention Center in Cuba. I have namo detainee No. 220, released from Now, presently, approximately 245 several concerns regarding the transfer Guantanamo in November 2006, and detainees designated as ‘‘enemy com- and disposition of the enemy combat- detonated a truck bomb in Mosul, Iraq, batants’’ are housed at Guantanamo. ants detained there in response to the in March 2008. The possibility of returning a majority attacks of September 11, 2001. He was released and subsequently of these detainees to their home coun- Here we are, almost 8 years removed traveled to Syria and snuck into Iraq. try or a third country so that we can from that fateful Tuesday morning Ultimately, this terrorist drove a truck rid ourselves of this issue troubles me, when terrorists murdered 3,000 of our packed with explosives into a joint nor does it strike me as particularly citizens at the Pentagon, the World American and Iraqi military training sophisticated in the analysis of how Trade Center complex, and on hijacked camp and blew himself up, taking 13 other countries see us. There is no flights. On that day, we were caught Iraqi soldiers with him—former Guan- doubt that among some European flatfooted and hit with a right cross. tanamo detainee No. 220. elites, their opinions on the previous Many of us who were here in Congress In March of 2004, a released detainee administration became more negative in the days that followed 9/11 swore we returned to Pakistan to again take up as the years went by. There is no doubt would provide the President and the the fight against coalition forces as an that this was also reflected amongst

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.006 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3055 the broader populations who have tend- namo. I would endorse an approach Unfortunately, our own Washington ed toward liberalism for decades. Opin- that would have commissioned a 1-year Post chose only to run a small article ions from other parts of the world are review process rather than coming out on this report. It was buried on page 3. harder to measure, of course, as it is and declaring closure within a year. It This is in sharp contrast to the difficult to measure the views of popu- strikes me that the study should come multiday, multipage, above-the-fold lations living under various types of before the decision, not accompany it. story about the released detainee who autocratic government. On his second full day in office, the blew himself up in Mosul in March of Negative international opinion President, without his Attorney Gen- 2008. I suppose the media was hoping should not be exaggerated for a number eral in place, issued this order, and I this review of operations at Guanta- of reasons. First and most obvious, fear he painted himself into a corner. namo would reveal that the present leadership, particularly in difficult Two weeks ago, Attorney General conditions of the detainees would be in times, should not be directed by polls. Holder visited Guantanamo Bay. His violation of the Geneva Convention. This is true domestically, and it cer- public comment on his visit was the Therein lays the problem. Somewhere tainly is true of foreign polls. It is nei- following: along the way politicians, nominees, ther our job nor the administration’s I think it is going to take us a good por- and the media all started to label the job to represent foreign populations. tion of that time to really get our hands present conditions at Guantanamo as Decisions in Government should not be around what Guantanamo is and what Guan- intolerable and substandard. tanamo was. made by leaders sticking their fingers This report shows that conditions in the air to see which way the wind is I am sure Attorney General Holder mirror or exceed any current prison in blowing. saw what I saw at Guantanamo when I the Federal system. I encourage every Second, appealing to foreign popu- visited there. I am sure he saw the im- Member to read the report and learn larity completely disregards the pressive infrastructure, with medical, for themselves the facts about Guanta- unique role this Nation has played in recreational, and legal facilities. At- namo. advancing global security. It also dis- torney General Holder is a good man, Some of the administration’s pro- regards the historic debates in which and I am glad the President has made posals—ones endorsed by my Senate leftwing parties have advanced their him the point man on this issue, but colleagues in the majority—involve ideology. But we should not ignore his comments are indicative of the fact bringing the detainees to the United that there has been unprecedented—un- that the complexities surrounding States. I have given this issue serious precedented—cooperation from the Guantanamo cannot be solved by the consideration and am unable to find same Democratic governments whose stroke of a pen on an Executive order. one good reason why our Government liberal disdain so succors some in the On February 23, 2009, the Department would want to do this. We have legally opposition here on all matters of na- of Defense submitted a report to the detained enemy combatants on the tional security. Cooperation from these White House titled ‘‘Compliance With field of battle. We have categorized governments on diplomatic, military, the President’s Executive Order on De- them into three classifications: First, intelligence, law enforcement, and hu- tainee Conditions of Confinement at detainees who no longer pose a threat manitarian assistance has been the Guantanamo Bay.’’ The Secretary of and need to be returned to their coun- norm, not the exception, regardless of Defense tasked a special team to re- try or a third country; secondly, enemy disputes on Iraq policy and on those view the treatment of detainees and detainees who are too dangerous to re- governments’ views on Guantanamo. the conditions at Guantanamo in re- lease and must be incarcerated until In terms of foreign policy, I would sponse to the President’s order of Jan- the cessation of hostilities; and, third, much rather have the cooperation of a uary 22, 2009. The review team focused detainees against whom we will present government than its approval, al- on myriad issues, especially housing, admissible evidence and adjudicate though I recognize that in some cases medical treatment, food services, reli- within the parameters of a fair and the approval facilitates the coopera- gious freedom, access to attorneys, constitutionally guaranteed process. tion. But realistically speaking—and mail, security, use of force, interroga- There is no reason this court pro- this is a subject that ought to be tion, discipline, and intellectual stimu- ceeding cannot be carried out at Guan- steeped in realism—popularity is not a lation. tanamo or satellite facilities outside prerequisite for hard-headed coopera- During its 13-day investigation, the the United States. The transfer of the tion against a common threat. review team reviewed hours upon hours detainees to the United States will un- I wish to quote what columnist Tom of videotapes, reports, and important doubtedly present a wide array of com- Friedman—who is certainly not a records. Team members also conducted plex legal issues that, in my esti- cheerleader for the Republican Party— more than 100 interviews of base lead- mation, will take longer than 1 year to said about foreign policy thinker Mi- ership, support staff, interrogators, and solve. Mechanisms at Guantanamo chael Mandelbaum, who is usually as- guards. Moreover, they conducted un- that ensure a fair adversarial judicial sociated with Democratic policies: announced spot checks both day and proceeding, with all the applicable When it comes to the way other countries night. rights, is feasible and can be carried In the end, the review team con- view America’s preeminent role in the out and has been carried out previously cluded that the detention facility and world— at Guantanamo. Writes Friedman, who then quotes the treatment of detainees at Guanta- If we close this facility and are un- Mandelbaum— namo are in compliance with common able to place some of these detainees article III of the Geneva Convention. whatever its lifespan, three things can be into the custody of third countries, safely predicted: The other countries will not What I found especially pleasing is that what then? The Bureau of Prisons has pay for it; they will continue to criticize it; the review team concluded that Guan- previously stated that they consider and they will miss it when it is gone. tanamo interrogation protocols exceed these prisoners a ‘‘high security risk.’’ I would urge the policymakers in this the Army Field Manual and that cells As such, these prisoners would need to administration, as well as my col- at Guantanamo from maximum and be housed in a maximum security pris- leagues in the majority party, to con- high security cell blocks—I am quoting on. According to the Bureau of Prisons, sider this wisdom expressed by Demo- from the report—‘‘exceed those typical it does not have enough space in max- cratic thinkers the next time they en- of medium and maximum security de- imum security facilities to house these gage in the canard that we need to tention facilities throughout the detainees. However, one idea offered by change our policy to improve our United States.’’ my colleagues in the majority party I wish to quote other excerpts: standing with other nations. Let’s hope for holding the detainees would be to this is not the main reason to shutter Interrogations of Guantanamo detainees transfer them to the Federal Supermax are all voluntary. Approximately one-third Guantanamo because, if it is, it is a of all interrogations take place at the re- Prison in Florence, CO. slim and irresponsible reason. quest of the detainee. Detainees are per- Now, this facility holds the worst Prior to the issuance of the Execu- mitted to decline participation in interroga- criminal elements our country has. tive order, I received a briefing on the tions at any time with no negative discipli- The maximum security institution, President’s intention to close Guanta- nary consequences. Supermax, ADX, Florence, CO. The

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.039 S12MRPT1 jbell on PROD1PC69 with SENATE S3056 CONGRESSIONAL RECORD — SENATE March 12, 2009 rated capacity is 490 prisoners. The have a difficult time handling, assum- now. This is a useable facility that has current level is 471. The Bureau tries to ing we can find places to put them. I merit and operational worthiness. ensure that this facility is never at full have been down there, too, and I have In closing, I will quote the 34th Presi- capacity in case of emergency trans- been involved in this for a long time. dent of the United States, Dwight D. fers. In reality, the Federal Bureau of The Federal Bureau of Prisons cannot Eisenhower, who said the following: Prisons doesn’t have the room required receive these detainees. We are already ‘‘Peace and justice are two sides of the to hold these very dangerous prisoners overcrowded in high-security facilities same coin.’’ in high security facilities. by almost 7,000 prisoners. I commend the President for wanting As an alternative to the Supermax at What is our next option? Military to conduct a thorough review of the op- Florence, CO, another idea offered by custody? These detainees are already erations at Guantanamo. My assess- the majority would be to sprinkle the held in military custody. Why are we ment is, this was completed 2 weeks detainees throughout the Federal Pris- bringing them from one military in- ago with the Defense Department’s re- on System. Just look at this chart of stallation to another? Some ideas re- port and the Attorney General’s visit. the Federal Bureau of Prisons: We have garding military custody and presented What else is there to do? Let’s get back 15 high-security prisons. The maximum by the majority include the transfer of to the task at hand of resuming mili- beds in those 15 high-security prisons the detainees to Fort Leavenworth, tary commissions and the humane de- happen to be 13,448. The current popu- KS. My esteemed colleague from Kan- tention of enemy combatants. lation of those prisons is 20,291. It sas, Senator BROWNBACK, already I am very concerned about this. So doesn’t take too many brains to realize pointed out this idea would have dire far, I have not seen a conscientious, let we can’t solve it that way. consequences for the Army’s Command alone remarkably worthwhile or wor- Mr. INHOFE. Mr. President, would and General Staff College. This is a thy, plan that would exceed what we the Senator yield for a question? course run by the Army and open to are already doing in Guantanamo or Mr. HATCH. I would be happy to. foreign students from our military that would be as good as what we are Mr. INHOFE. It happens that I have partners. Some of these foreign officers already doing there. been down there inspecting, maybe are from Islamic nations that have sup- Mr. President, I ask unanimous con- more than any other Member. The first ported us in our ongoing efforts against sent that the letter from the Depart- time was right after 9/11; the last time terrorism. The governments of these ment of Justice, Federal Bureau of was a couple of weeks ago. nations have publicly declared that Prisons, dated September 10, 2007, be One of the interesting things is, if they will withdraw their personnel printed in the RECORD at this point. you talk to anyone who has been there from the course if enemy combatants There being no objection, the mate- and served there, you find this is above are transferred to the Military Dis- rial was ordered to be printed in the the standards of any of our Federal cipline Barracks at Fort Leavenworth. RECORD, as follows: prisons. At the current time, the popu- What a loss that would be. DEPARTMENT OF JUSTICE, I know mistakes were made in the lation down there is 245, of which 170 FEDERAL BUREAU OF PRISONS, cannot be repatriated; their countries early days of Guantanamo. There may Washington, DC, September 10, 2007. would not take them back. have been some isolated cases where Hon. TRENT FRANKS, Out of the 170, 110 are the real hard- the treatment of some of these detain- House of Representatives, ened ones. When the Senator from ees there could be construed as not Washington, DC. Utah talks about they would put them being in accordance with the Geneva DEAR CONGRESSMAN FRANKS: This is in re- in 15 prisons, they identified my State Convention. In response to these defi- sponse to the letter signed by you and sev- of Oklahoma, Forest Hill. I went there ciencies, the Supreme Court, Congress, eral other Members of Congress requesting a description of the impact of transporting and to see the facility only to find it would the Department of Defense, and Justice incarcerating in the Bureau of Prisons (BOP) not work. But the sergeant major in have implemented protections and the approximately 500 enemy combatants charge of that facility served a year at mechanisms to ensure that this will currently being held in the detention facility Guantanamo Bay and said that of all not happen again. The U.S. Supreme in Guantanamo Bay, Cuba. the prisons she has been in, or worked Court has issued decisions ensuring We have provided estimates of the costs in, that is the one that has the most that constitutionally guaranteed you identify, and we also mention some of humane treatment and is best suited rights apply to these men. Military the challenges we would encounter if we for this kind of detainee. I agree with prosecutors and FBI agents are con- were responsible for taking these enemy combatants into BOP custody. We must em- the Senator and ask if he has given ducting reviews of evidence held phasize, however, that we would hope to thought as to where these 15 prisons against detainees to ensure their ad- learn more about this unique population and are as alternatives and would they not missibility. Military leaders in charge what would be required of our agency if we become magnets for terrorist activity of Guantanamo have taken measures were required to assume custody of them. in the United States? to ensure that humane standards and This would allow us to undertake a more Mr. HATCH. That is a good question. treatment of detainees and their reli- complete and comprehensive impact assess- I think I am making an overwhelming gion exceeds not only the Geneva Con- ment. case that it is ridiculous to not use vention but most prison standards We would consider the individuals confined in Guantanamo Bay, Cuba, to be high secu- that facility, which is perfectly capa- found in the United States. Whatever rity; therefore, they would require the high- ble, offshore, on an island, where we problems there were at Guantanamo est level of escort staff, type of restraints, have all the security we need and we have been addressed and corrected. and other security measures if they were to don’t have the capacity to take care of I also remind my distinguished col- be transferred into BOP custody. The trans- them in this country and we should not leagues that our war against terrorism portation of Federal inmates and detainees want to anyway. I have also made the will not end with the signing of a trea- is coordinated through the Justice Prisoner point that sending them to other coun- ty. The cessation of hostilities in Af- and Alien Transportation System (JPATS) tries is not the answer either. They ghanistan is far from over. We are now within the United States Marshals Service. shifting our focus and additional troops JPATS is a nationwide network of aircraft don’t want them either. and ground transportation vehicles. The BOP Mr. INHOFE. I ask the Senator from back to that theater of operation. This assists JPATS by transporting Federal in- Utah, if you stop and think, can you will increase the likelihood of contact mates from the airfields used by the U.S. think of a better deal that America has with the enemy, which may require ad- Marshals Service aircraft to our institutions. had? We have had that facility since ditional detentions. In the days ahead, We estimate that it would cost approxi- 1903, and the rent is still the same, I hope Congress will play a part in the mately $455,000 for the JPATS air travel of $4,000 a year. Can you find a better deal disposition of detainees and the future 500 detainees from Cuba to any of our United than that anywhere in Government? of Guantanamo Bay. A well-thought- States penitentiaries. This air travel in- Mr. HATCH. You can’t. To have to out and properly executed plan offered cludes flights from Cuba to the Federal De- tention Center (FDC) in Miami, Florida, bring these prisoners here, we don’t by the President would easily garner from FDC Miami to the Federal Transpor- have room, and the cost would be as- bipartisan support. I ask the President tation Center in Oklahoma City, Oklahoma, tronomical. Thirdly, we are going to to rethink his deadline of closing and a third flight to a high-security United have real big problems that we will Guantanamo less than 12 months from States penitentiary. Costs of transportation

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.040 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3057 would also include BOP buses to move the combatants. Please contact me if I can be of because during his inaugural address detainees from the airfields to our facilities any further assistance. he didn’t say anything about this, so (a cost of approximately $1,300 per bus trip). Sincerely, they are making demands that he stop Thus, the total cost could reach approxi- HARLEY G. LAPPIN, any kind of legal activity that is going mately $500,000. Director. Currently, there is not sufficient bedspace Mr. HATCH. Mr. President, I point on in the way of trials or tribunals and at any high-security Federal prison to con- out also that in a recent report, U.S. then close it in 12 months. You cannot fine these individuals. Our high-security in- officials said the Taliban’s new top op- do that until you determine how you stitutions are operating at 55 percent above erations officer in southern Afghani- are going to take care of the detainees capacity. There are approximately 199,700 stan is a former prisoner at the Guan- who are currently there and those who Federal inmates at present, and we are ex- tanamo detention center. will be there. pecting the inmate population to increase to Pentagon and CIA officials said I feel strongly we are going to have over 221,000 by the end of fiscal year 2011. The Abdullah Ghulam Rasoul was among 13 to look out after the interests of the average yearly cost of confining a high-secu- United States. Nothing could be worse rity inmate in the BOP is approximately prisoners released to the Afghan Gov- $25,400. ernment in December 2007. He is now than to take 15 to 17 installations with- We would most likely confine these detain- known as Mullah Abdullah Zakir, a in the continental United States and ees in one or two penitentiaries. This would name officials say is used by the put terrorists there, only to serve as require us to transfer a sufficient number of Taliban leader in charge of operations magnets for terrorist activity. inmates to other penitentiaries in order to against United States and Afghan Mr. President, I ask unanimous con- create the necessary bedspace. Such trans- forces in southern Afghanistan. sent to speak as in morning business fers would add to the cost of confining the One intelligence official told the As- for as much time as I may consume. enemy combatants and would impose signifi- sociated Press that Rasoul’s stated The PRESIDING OFFICER. Is there cant additional challenges on our agency mission is to counter the growing U.S. objection? Without objection, it is so (based the level of crowding in all high-secu- rity BOP institutions). troop surge. I wished to put that in the ordered. Due to the unique status of enemy combat- RECORD. f I yield the floor. ants and the probable lack of information GLOBAL WARMING about these individuals’ histories of violent The PRESIDING OFFICER. The Sen- behavior or disruptive activities, it is un- ator from Oklahoma is recognized. Mr. INHOFE. Mr. President, some likely that we would house these detainees Mr. INHOFE. Mr. President, I inquire things have happened recently regard- with inmates in the general population of of the Chair, I was scheduled to speak ing one of my favorite subjects, and high-security institutions (with inmates after the Senator from Ohio. I under- that is global warming. Way back in serving sentences for Federal crimes and Dis- stand he is not ready to speak yet and the beginning of this issue—to give you trict of Columbia code offenses). Therefore, that it is permissible if I take some a background, since the occupant of if transferred to BOP custody, these enemy time now. the chair wasn’t here at that time—the combatants would most likely be confined in The PRESIDING OFFICER. The Sen- special units, segregated from the general in- Republicans were the majority, and I ator is recognized. was chairman of the Environment and mate population. It is also likely that many Mr. INHOFE. First of all, before I get of these individuals require separation from Public Works Committee. We were into what I want to talk about, I have other enemy combatants. This kind of con- within inches of ratifying the Kyoto been listening to the Senator from finement is comparable to special housing Treaty. Utah. I find it to be very interesting units in BOP institutions (which are used for Similar to everybody else, I assumed because his subject matter is also a administrative detention and disciplinary that manmade gases were causing glob- segregation). These units are more costly to mission of mine. I think a lot of people al warming. Everybody said they did. operate than general population units due to have not realized the problem we have The Wharton School of Economics the increased staffing and enhanced security with the bum raps given to Guanta- came out with the Wharton Econo- procedures needed for inmates who have sep- namo Bay, and almost all of them are aration requirements and/or who are poten- by people who have not been there. To metric Survey. They said it would tially violent or dangerous. my knowledge, almost without excep- cost—if we were to sign the Kyoto The management of inmates in special Treaty and live by the emissions re- housing units presents additional challenges tion, those people who have gone down there—newspapers and publications quirements—between $300 billion and due to the increased security required for $330 billion a year. That was the range. these individuals. It would be even more making accusations of torture and challenging to confine enemy combatants human rights violations—once they go That would be the result. It is some- who would likely have additional restric- there and see it, you never hear from thing I looked at. tions or requirements dictated by the De- them again, and that includes Al- We started looking at the science, partment of Defense. We are unsure how our Jazeera and some of the Middle East- only to find out there is a lot of intimi- inmate management principles, which focus ern publications. I believe we have a dation in the scientific community and on constructive staff-inmate interaction, problem with people who have some- most of this was originally brought by maximum program involvement, and due the United Nations. I have been one of process discipline would fit into the Depart- how brought forth this idea that there have been abuses that haven’t taken the critics of the U.N. and a lot of ment of Defense’s requirements for the things they do and don’t do. If you will enemy combatants. place. I think probably the most impor- While it is not entirely clear where the tant part of the argument is that there recall, when this first started, it was BOP’s obligations would begin and end with is not another Guantanamo Bay; there the U.N. IPCC, Intergovernmental regard to the provision of basic inmate pro- is no place you can put these detainees. Panel on Climate Change, that came up grams and services, we foresee the need for As I said in my question to the Sen- with the idea that manmade gases— some special or enhanced services in order to ator from Utah, what are we going to CO2, methane—were the cause of the provide the basic necessities to these enemy do with these some 245 detainees if global warming. combatants. We would need to acquire trans- Now, since that has been proven not lation services or transfer appropriate bilin- they are not there? Also, with the esca- lation of activity in Afghanistan, what to be true, and we are now in a cooling gual staff for us to communicate our expec- spell, they are trying to change the tations to these individuals and to allow will we do with those detainees whom these detainees to communicate their needs we will capture? The problem is, some term to ‘‘climate change.’’ We are not and concerns to us. We would need these people say they will be put in prisons going to let them do that. It has al- translation services in order to provide ap- in Afghanistan. There are two prisons ways been ‘‘global warming.’’ We propriate visiting, telephone, and cor- there; however, they have said they looked at the science. We had bills respondence privileges to the detainees and, will only take Afghans. If the terrorist coming up on the floor that would have if required, to monitor these communica- who is caught is from Djibouti or addressed this. One was in 2005. At that tions. We also would likely need to make ac- Yemen or Saudi Arabia, there is no time, I was kind of alone on the floor commodations with regard to our food serv- for 5 days, 10 hours a day, to try to ex- ice and religious programs to meet the cul- place else to put them other than tural and religious requirements of these de- Guantanamo Bay. It is a resource we plain why we could not impose the tainees. need to have. We don’t have a choice. largest tax increase in history on the I hope this helps you understand our con- I believe our President was respond- American people. So in looking at the cerns regarding the confinement of enemy ing to a lot of activists who were upset cost of this thing, we started hearing

VerDate Nov 24 2008 01:37 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.008 S12MRPT1 jbell on PROD1PC69 with SENATE S3058 CONGRESSIONAL RECORD — SENATE March 12, 2009 from a lot of scientists who had been heart, what good would it do to do it Dr. John Brignell, a skeptical UK intimidated but were now wanting to only in the United States? If you do emeritus engineering professor at the come out of the closet and tell the that, all these jobs are going to go to University of South Hampton, wrote in truth about their real feelings. countries such as China, Mexico, 2008: The reason I wished to come here India—places where they don’t have The warmers— today is because there is a Gallup Poll emission controls—and you would have He calls them— that came out yesterday. I wish to a net increase in CO2 after we paid the are getting more and more like those tradi- share that with you and with this body. tax and the punishment for it. tional predictors of the end of the world who, A record high of 41 percent of Ameri- After one of the most expensive cli- when the event fails to happen on a due date, cans now say global warming is exag- mate change fear campaigns in our Na- announce an error in their calculations and gerated. This is the highest level of tion’s history, there is no change in [they come up with] a new date. public skepticism about mainstream global warming concerns by Americans That is what they are doing now. reporting in more than a decade, ac- in the past two decades. This skep- Furthermore, I always believed the cording to the March 11, 2009 Gallup ticism persists despite the Nobel Peace more global warming information peo- Poll survey. I use that poll because Prize jointly shared by former Vice ple have, the less concerned they will Gallup and the Pew organization have President Al Gore and the United Na- become. That is obvious. That poll 5 never been sympathetic to my view. tions. years ago would have had this way up Yet their poll was announced. By the way, I have to say I cannot there somewhere around No. 3. Now it We should never underestimate the think of one assertion that was made is No. 20. It just barely made the list. intelligence of the American people. in the science fiction movie Al Gore Confirming this unintended con- Sadly, that is exactly what the pro- put together that has not been refuted sequence is a study by the scientific moters of manmade climate fears have scientifically. I am talking about sea- journal Risk Analysis released in Feb- consistently been doing. Keep in mind, level rises and all the rest of the ruary of 2008 which found that Gore the issue we are talking about is not things. Sure, it scared a lot of kids. A and the media’s attempts to scare the whether there is global warming. We lot of kids had nightmares. Nobody public ‘‘ironically may be having just went through a period of global warm- now believes there is any science be- the opposite effect.’’ The study found ing that ended 7 years ago. Now we hind that particular movie. that the more informed respondents clearly are in a cooling period. Prior to The skepticism persists despite a $300 ‘‘show less concern for global warm- that, we have had several times—peo- million campaign to spread climate ing.’’ The study found that ‘‘perhaps ple forget, God is still up there. fears. Skepticism persists despite a ironically, and certainly contrary to Throughout these written histories, we daily drumbeat of scary scenarios pro- . . . the marketing of movies like the have had these cycles. moted by the United Nations and the Ice Age and An Inconvient Truth, the The interesting thing about this poll media of what could, might, or may effects of information on both concern that came out yesterday is looking at happen 20, 30, 50, 100 years from now. In for global warming and responsibility the percentage of people who worry a fact, global warming skepticism ap- for it are exactly the opposite of what great deal about the environment, this pears to have grown stronger as the were expected. Directly, the more in- is a total change from what we have shrillness of the climate fear campaign formation a person has about global seen before. It is now—what is it, No. 9? intensified. warming, the less responsible he or she The last thing is global warming. The latest Gallup Poll released on feels for it; and indirectly, the more in- These are environmental concerns: pol- March 11 further reveals the American formation a person has about global lution of drinking water, water pollu- public has a growing skepticism. A warming, the less concerned he or she tion, toxic contamination of soil and record-high 41 percent now say it is ex- is for it.’’ water, and very last is global warming. aggerated. This represents the highest Again, this is not me, JIM INHOFE, There was another poll just about a public opinion since the whole issue U.S. Senator, talking. This is Professor month ago by Pew Research, I believe began. These dramatic polling results John Brignell. Certainly you cannot it was, and that one shows the same are not unexpected as prominent sci- question his credentials. thing. I say this because of some of my entists around the world continue to Climate realism continues to be on colleagues who think the American speak out publicly for the first time to the march. people are believing this stuff—man- dissent from the Al Gore-United Na- I now report to you on the skeptical made gases making global warming. tions and media-driven manmade in- Heartland Institute’s International This is January last month, and this timidation on climate fears. Conference on Climate Change in New is by the Pew Polling Group. This isn’t In addition, a steady stream of peer- York, which just finished 3 days ago. It just environmental issues; it says, reviewed studies, analyses, real-world is brand new. As the most outspoken ‘‘Name your major concern.’’ No. 1, data, and developments have further critic of manmade global warming economy; No. 2, jobs. Where is global refuted the claims of manmade global alarmism in the United States, I am warming? No. 20, at the bottom, the warming fear activists. pleased to see the world’s largest ever very last one. That is something that Americans are finally catching on in gathering of global warming skeptics has changed. large numbers that the U.N. IPCC is a assembled in New York City just this Getting back to the poll, the previous political, not a scientific, organization. week to confront the issue, ‘‘Global Gallup Poll released on Earth Day 2008 Interesting that when the U.N. IPCC warming: Was it ever really a crisis?’’ showed the American public’s concern comes out with their periodic reports, That was the title of the convention. about manmade global warming is un- they never talk about the scientists. It All of these scientists from all over the changed from 1989. This is after all the is the politicians who are making the world were taking part in it. media hype, all the media talking accusations or coming to the conclu- A lot has changed over the last 6 about how bad man is. sions. So they have these briefs on the years since I started speaking out By the way, I am going to pause here political analyses of these reports. against the likes of Al Gore, the United for a minute because in 2005 we debated If new peer-reviewed studies are to be Nations, and the Hollywood elitists. a bill on this floor that would have— believed, today’s high school kids Perhaps the most notable change is the since we did not ratify the Kyoto trea- watching Gore’s movie will be nearing number of scientists no longer willing ty—said unilaterally what should we the senior citizen group AARP’s mem- to be silenced. How do you silence a do in the United States because some bership age by the time warming alleg- scientist? You take away their grants, people would like to believe this is a edly resumes in 30 years. That is inter- whether they be Government grants or great problem. They said: Let’s pass esting because now they are talking they come from the Heinz Foundation our own global warming bill in the about maybe it did not happen, maybe or the Pew Foundation or others. If United States. Think about that. If you we were not in the middle of it in the you don’t agree with us, certainly you are one who believes CO2 and anthropo- middle nineties when they tried to get should be punished. genetic gases are causing global warm- us to ratify the Kyoto treaty, but it is I remember not too long ago on the ing, if you really believe that in your coming, maybe 30 years from now. Weather Channel—Heidi Cullen has

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.042 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3059 this weekly show. It is to promote the Stephen McIntyre, primary author of should be fired. Hansen is widely known for idea that man is responsible for global Climate Audit, a blog devoted to the his outspokenness on the issue of manmade warming. She says: Any meteorologist analysis and discussion of data, he is a global warming. I have publicly said I who does not agree with me should be devastating critic of the temperature thought Jim Hansen should be fired, ‘‘Theon said.’’ But my opinion doesn’t count much, decertified. All of a sudden, everyone record of the past 1,000 years, particu- particularly when he is empowered by people started yelling and screaming. The larly the work of Michael Mann, the such as the current President of the United vast majority of meteorologists will creator of the infamous ‘‘hockey stick’’ States. I am not sure what we can do to have agree with the comments I am making graph. That graph is thoroughly dis- him get off of the public payroll and con- today. credited. There is no scientist who will tinue with the campaign or crusade. I think Certainly since Al Gore made his stand behind that graph. What he at- the man is sincere, but he is suffering from movie, hundreds of scientists have tempted to show after this, there was a a bad case of megalomania. come out of the woodwork to refute the marked increase in temperatures. That Another article. ‘‘NASA Warming claims made by the alarmists. was the blade on the hockey stick. Scientist Under Fire—From Former The gathering of roughly 800 sci- What he forgot to put down—and no- Supervisor—Jim Hansen should be entists, economists, legislators, policy body will disagree with this fact—is fired.’’ This is another one, although activists, and media representatives at that in the timeframe from about 1200 this time they make the observation the Second International Conference to 1400, we had what they call the me- that James Hansen, who is the most on Climate Change sponsored by the dieval warm period. Then we went into outspoken proponent that it is man- Heartland Institute provides clear evi- the little ice age. made gases, anthropogenic gases, and dence to the growing movements This medieval warm period is inter- CO2 that is causing global warming, is against alarmism—the world is coming esting. If anyone wants to take a trip the recipient of $250,000 from the Heinz to an end. up to Greenland and talk to them, go Foundation. Obviously, that does have I am happy that important voices are through their history books and look an impact on his position. being heard in New York, including at what the prosperity was during this This one is: ‘‘U.S. Government Mete- Vaclav Klaus, the President of the timeframe, that is when all the Vi- orologist Claims ‘Gross Blatant Cen- Czech Republic. I was in the Czech Re- kings were up there. They were grow- sorship’ for Speaking Out Against Cli- public not too long ago. He couldn’t ing all this stuff. Then, of course, when mate Alarmism.’’ This was March 9, a have been nicer and more complimen- the cycle reversed, it went into the lit- few days ago, by Stanley Goldenberg, a tary of me. He said: What they are try- tle ice age. They all died or left. Actu- meteorologist with the National Oce- ing to do is to punish us economically ally, the economic activity was much anic and Atmospheric Administra- in our country and your country on better. That was also when they were tion’s—that is NOAA—Atlantic Ocean- science that is strictly not there. growing grapes in the Scandinavian ographic and Meteorological Labora- In his remarks to the conference 3 countries because it was warm enough tory Hurricane Research Division. This days ago, Vaclav Klaus, President of to do that. is an excerpt of what this scientist the Czech Republic, said: This chart is significant because said: what they have done is looked at this Today’s debate about global warming is es- and said the world is coming to an end. The debate, as you also know, is masked sentially a debate about freedom. The envi- by media censorship, bias and distortion. I ronmentalists would like to mastermind And in a minute I am going to talk am interviewed quite a bit on many, many each and every possible aspect of our lives. about what all the pundits were saying levels and thankfully most of our interviews Climate scientist Dr. Richard in the middle seventies when they said are benign. They’re trying to get out to the Lindzen of the Massachusetts Institute another ice age is coming. But this has public. of Technology, MIT, one of the world’s been going on throughout recorded his- In his criticism, Goldenberg said: leading experts in dynamic meteor- tory. I’ve seen gross, gross blatant censorship. If Chemist Dr. Arthur Robinson, cura- ology, especially planetary waves, told you’re here from the media I’d be glad to tor of a global warming petition signed the gathering in New York that mo- argue with you from firsthand experience. I by more than 32,000 American sci- mentum is with the skeptics, saying: challenge anybody from a mainstream media entists, including more than 10,000 with source to take or print a positive report on We will win this debate, for we are right doctorate degrees—and they all are re- this conference. They won’t get it past the and they are wrong. jecting the alarmist assertion that editor. I have a chart. This was Richard global warming has put the Earth in a He is talking about, of course, the Lindzen, who is the Alfred P. Sloan crisis and caused primarily by man- media bias, which we all know took professor of atmospheric science at kind. place during this conference. MIT. This was an op-ed piece in the Dr. Willie Soon, Harvard-Smithso- This is an excerpt from the Boston Wall Street Journal. He says: nian Center for Astrophysics, has also Globe’s paper yesterday: A general characteristic of Mr. Gore’s ap- testified along the same line. New figures being released today show the proach is to assiduously ignore the fact that Retired award-winning atmospheric recession helped drive down global warming the Earth and its climate are dynamics; they scientist Dr. Roy Spencer, now with emissions from the northeast power plants are always changing even without any exter- the University of Alabama in Hunts- last year to their lowest levels in at least 9 nal forcing. To treat all change as something ville. years. The drop in emissions may be good for to fear is bad enough; to do so in order to ex- Here is a very small sampling of re- the environment, but was not seen as reason ploit that fear is much worse. cent developments in the news. for celebration. ‘‘What does this say about I think he was talking about the The New York Times: ‘‘Prominent the state of the economy?’’ said Robert Rio, amount of money former Vice Presi- geologist Dr. Don Easterbrook warns senior vice president of Associated Industries dent Al Gore made on this issue, but I we are in ‘decades-long cooling spell.’ ’’ of Massachusetts. We could get 100 percent am not going to get into that now. below the cap if we shut every business and And I think everyone would agree with moved them out of state. The point is, I am talking about cre- that. dentials of scientists and them coming ‘‘NASA warming scientist ‘suffering The NASA moonwalker and geologist out with statements such as these, and from a bad case of megalomania’— Harrison Schmitt said climate change they were not doing this just a few former supervisors says.’’ This was alarmists intentionally mislead. This years ago. only yesterday in the Business and again is yesterday’s Business & Media So this event that took place in New Media Institute. This is an excerpt of Institute quoting him: York City in the last few days is very the report: Last month, Apollo 17 astronaut and moon- walker Harrison Schmitt added his voice to significant. Others in attendance were John Theon, a retired senior NASA atmos- the growing chorus of scientists speaking William Gray, Colorado State Univer- pheric scientist, said . . . at The Heartland out against the anthropogenic—man-made— sity. He is one of the experts there who Institute’s 2009— global warming theory. In strongly worded testified before the Environment and What I have been talking about comments he said the theory was a ‘‘polit- Public Works Committee one time be- here— ical tool.’’ Now, in a speech at the Inter- fore making this same type of state- . . . that the head of NASA’s Goddard In- national Conference on Climate Change he ment. stitute for Space Studies, James Hansen, outlined his argument in great detail saying,

VerDate Nov 24 2008 00:06 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.043 S12MRPT1 jbell on PROD1PC69 with SENATE S3060 CONGRESSIONAL RECORD — SENATE March 12, 2009 ‘‘the science of climate change and its causes the global warming ‘‘consensus’’ in 2007. can have this $700 billion bailout. I is not settled.’’ . . . Several indisputable ‘‘I’ve felt like the object of a witch hunt,’’ he voted against it, and some of my con- facts appear evident in geological and cli- says. ‘‘One former Sierra Club board member servative friends voted for it. mate science that makes me a true, quote, suggested I should be criminally pros- This was the largest authorization of denier, unquote, of human caused global ecuted.’’ Mr. Cockburn was at the conference money in the history of the world, and warming. The conclusion seems inescapable collecting material for his forthcoming book that nature produces the primary influences ‘‘A Short History of Fear,’’ in which he will it was all taking place at that time in on climate. explore the link between fear mongering and October—October 10 is when we voted in the Senate, with 75 Senators voting I think this chart shows that it has climate catastrophe proponents. ‘‘No one on for that. My problem with it was that been going on throughout recorded his- the left is comfortable talking about science,’’ he told me. ‘‘They don’t feel they it was put together by our then-Sec- tory. can easily get their arms around it, so they retary of the Treasury, and we were Another article: ‘‘A Freezing Legacy don’t think about it much. As a result, they giving him total authority over how to For Our Children.’’ This one is by are prone to any peddler of ideas that rein- spend $700 billion—the largest amount James Marusek, nuclear physicist and force their preexisting prejudices. One would of money ever talked about in one engineer retired from the U.S. Depart- be that there is a population explosion that block in this country, or in the history ment of the Navy. He said: must be dealt with by slowing down econo- mies.’’ I asked him how he felt hanging of the world. So I opposed it. There is a lot of talk these days about the Now we find out that as soon as he legacy we will leave our children and our around with so many people who have a more conservative viewpoint than he does. got the money, he didn’t spend it. He grandchildren. When I stare into the imme- said he was going to buy distressed as- diate future, I see a frightening legacy caked ‘‘It’s been good fun and I’ve learned a lot,’’ in darkness and famine. Instead of intel- he told me. ‘‘I think what they are saying on sets. He didn’t spend it on that. He put ligently preparing, we find ourselves whit- this topic is looking better and better.’’ money into the banks, and we haven’t tling away this precious time chasing fraud- And here is one of the guys who was noticed a change in the credit since ulent theories. Climate change is primarily a chief proponent of the fear mongers. then. Now, of course, we have a new driven by nature. It has been true in the days We have to keep in mind there is a lot President and we have the budget and of my father and his father and all those that of money involved in making people the omnibus bill that was voted on a came before us. afraid. I am old enough to remember few days ago—$410 billion—and all Again, this guy is a nuclear physicist back in the middle 1970s, when we were these people are talking about ear- and engineer. going through at that time what was marks and all that. But let’s keep in This is from a new study titled ‘‘The thought to be this devastating ice age; mind that only 1 percent of that $410 Evidence Is That The Ocean Is Cooling, that we were all going to freeze to billion was in anything like earmarks. Not Warming.’’ This was 2 days ago. death. Here is Time magazine, and here I wish people were as concerned about And it contains an excerpt titled they talk about another ice age is com- the 99 percent as they are the 1 per- ‘‘Cooling of the Global Ocean Since ing and they document their case. This cent, but that is a huge amount of 2003,’’ by Craig Loehle, Ph.D., National is 1974, from Time magazine. money. Council for Air and Stream Improve- Now, let’s look at Time magazine a Now we have the President, with his ment. He said: few years later. Here is Time magazine budget coming forward, and this is going to produce huge deficits—in the Ocean heat content data from 2003 to 2008— a couple of years ago and they have to- 1 2 trillions—and I have been critical of 4 ⁄ years—were evaluated for trend. The re- tally reversed themselves. No longer is sult is consistent with other data showing a those. But as bad as all of that is, and it an ice age that is coming and we are lack of warming over the past few years. talking about the huge amounts of all going to die; the headline now is I think I am making a point here money, what is worse is if we should be ‘‘Be Worried, Be Very Worried,’’ and that no one is going to argue, and that forced or pushed by the promoters of they have this polar bear standing on is that now we are in a cooling period. these global warming scares into pass- the last scoop of ice in the Arctic. ing a tax, what they call a cap-and- It drives people nuts, those who try to By the way, there are 13 different trade tax. In other words, this is a tax make people think the world is coming populations of polar bears in Canada, that would tax the American people. to an end; that it is going to get too and with the exception of the one on For all practical purposes, it would be hot, and now they realize that is not the western Hudson Bay area, they are a CO tax. They don’t call it that. They the case. all flourishing. They are doing very 2 This is another statement made by disguise it by calling it a cap and well. The population has quadrupled another scientist, and this was 3 days trade. But nonetheless, the analysis of since the 1960s. So don’t feel badly ago. that is that it would be somewhere in about the polar bear. They are doing the neighborhood of $300 billion to $330 Alaska River Ice now 60 percent thicker fine. than it was 5 years ago. Flashback: The billion a year. Nenana Ice Classic is a pretty good proxy for My point here is that these publica- The reason I bring that up is that if climate change in the 20th Century. tions, I can assure you—and I have not we are pushed into passing some kind In other words, it is increasing, not checked this out, but that last one, in of a global warming or a cap-and-trade decreasing. Here is another scientist. 1974, from Time magazine, I am sure tax of $300 billion to $330 billion, they This was reported 4 days ago in Inves- that sold a lot of editions because ev- will masquerade it and act as if it isn’t tors Business Daily by atmospheric eryone wanted to read the story as to that much, but we know it is. We have physicist S. Fred Singer, Professor how another ice age was coming and we sources—MIT and several other Emeritus of Environmental Sciences at were all going to die. We have checked sources—and economic analysis that the University of Virginia, who served on this. This was their biggest seller in has taken place that says if that as the founding director of the U.S. that particular year. I don’t see the should happen, it will be something Weather Satellite Service. date, but a couple of years ago, because that occurs every year. At least these they capitalize on this type of disaster. We conclude therefore that the drive to re- large amounts of money in the stim- I suppose I will go ahead and con- ulus bills and in the bailout bills are duce CO2 emissions is not concern about cli- mate. Ultimately, ideology may be what’s clude now. We had some new informa- one-shot deals, theoretically. But the tion, and apparently I didn’t bring it fueling the CO2 wars. other would be a tax increase on the So it goes on and on. Here is another: down with me, but I would only say American people. ‘‘Left-wing Columnist Alexander this. I am one of the chief critics of I do have a dog in this fight. I do Cockburn A Climate Skeptic—John what has been happening economically have a selfish concern. My wife and I Fund—March 11.’’ And Alexander in this country since last October. Last have 20 kids and grandkids. My life is Cockburn, by the way, is normally on October, we voted on a $700 billion bail- not going to change by anything that the other side. Here is that quote: out for the banking industry. I was is passed in terms of a tax increase, but against that. I recognize that was both My most memorable exchange was with Al- it does affect the next generations, and exander Cockburn, the left-wing columnist Republican and Democrat. It came out I think we are going to have to get to for the Los Angeles Times and the Nation of a Republican White House and it was the point we are looking at not what is magazine. Mr. Cockburn has undergone blis- in concert with the Democrats. They it today but down the road how are we tering attacks since he first dissented from all said: Let’s scare everybody so we going to pay for it.

VerDate Nov 24 2008 01:37 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.045 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3061 To go back to the original $700 billion should not continue this way in the fu- terrible record in response to public de- bailout, if you do the math, there are ture. Our trade deficit has reached an- mand for strong trade enforcement. 140 million taxpaying families in the nually, thanks to Bush trade policies The Trade Representative that has oc- country. Divide that by $700 billion and and thanks to lax trade enforcement, a cupied that office for close to a decade that is $5,000 a family. We are talking wrong-headed, unregulated, free-trade simply does not enforce our trade laws. huge amounts. And should we pass this policy, which has allowed toys with All five of the public petitions for trade global warming tax increase that lead paint, contaminated toothpaste enforcement actions filed during the would be comparable to over $300 bil- and other products, and weakened the Bush administration, each concerning lion, it would mean $3,000 a family. And health and safety rules for our trading currency manipulation or labor exploi- that is every year. partners and our own communities. tations by China, every one of those I think we need to overcome the We want more trade but not like five public petitions was denied by the problem that we have in following the this. Bush trade policies have dev- U.S. Trade Representative. media off this plank and look at the astated communities in my State, in In some cases those petitions were science and let the science tell us what towns such as Tiffin, Chillicothe, and denied on the day they were submitted, to do. If we do that, we will find with Lorain, and done damage to your State as if the administration even bothered everything I have talked about over in places such as Flint and Detroit and to read them. Wrong-headed economic the last 35 minutes is in fact true. Hamtramck. Job loss does not just af- policy, job-killing trade agreements Madam President, I yield the floor, fect the worker or the worker’s family, have also fueled increasing income dis- and I suggest the absence of a quorum. as tragic as that is for them, job loss, parity at home and abroad. I traveled The PRESIDING OFFICER (Ms. especially job loss in the thousands, some years ago, after NAFTA passed— STABENOW). The clerk will call the roll. devastates communities. It depletes a trade agreement that has hurt our The bill clerk proceeded to call the the tax base. It means the layoff of po- Nation—I traveled at my own expense roll. lice and fire personnel and school- to McAllen, TX, across the border, with Mr. BROWN. Madam President, I ask teachers. It hurts local business own- a couple of friends to Reynosa, Mexico. unanimous consent that the order for ers—the drug store, the grocery store, I met a husband and wife who worked the quorum call be rescinded. the neighborhood restaurant. for General Electric. They lived in a The PRESIDING OFFICER. Without Massive job losses prevent middle- shack about 15 by 20 feet, dirt floor, no objection, it is so ordered. class growth. The Senator from New running water, no electricity. If it York, who is in the Chamber, talked rained hard, the dirt floor turned to f about how the middle class in the last mud. MORNING BUSINESS 10 years has shrunk. The middle class If you walked through the neighbor- Mr. BROWN. Madam President, I ask has shrunk in pure numbers. It has hood, you could see where people unanimous consent that the Senate shrunk in income, in buying power. worked in that neighborhood because proceed to a period of morning business The middle-class people in this country these shacks were made out of building with Senators permitted to speak for have seen their incomes go down in materials from the companies they part because of the Bush trade policy up to 10 minutes each. worked for or the companies that sup- and partly because of tax policy and in The PRESIDING OFFICER. Without ply the companies for which they part because of the economic policy objection, it is so ordered. worked. generally. These two workers worked for Gen- f Massive job losses prevent middle- eral Electric Mexico, 3 miles from the U.S. TRADE REPRESENTATIVE class growth, as manufacturing jobs United States of America. If you go to that once anchored a community are Mr. BROWN. Madam President, this one of those plants where those work- gone, but they demoralize a commu- Chamber will confirm in the coming ers worked, those plants looked a lot days a new U.S. Trade Representative. nity. Ohio has seen the loss, during the Bush years, of more than 200,000 manu- like an American plant. These workers Mayor Kirk’s confirmation represents made about 90 cents an hour and lived, an opportunity for American trade pol- facturing jobs; nationwide, 4.4 million manufacturing jobs, 26 percent, more as I said, in squalid conditions, as hard icy to break from the false choice be- as they were working, 6 days a week, 10 tween free trade and fair trade. than one out of four manufacturing jobs in our country that simply dis- hours a day. As our economy struggles with mas- I visited an auto plant nearby, and sive job losses, a shrinking middle class appeared. We know in Michigan and Ohio and this auto plant looked exactly like an that we have seen during the entire across the industrial heartland of this auto plant in Michigan or Ohio, except Bush years, and a housing crisis country and in every State, American perhaps it was more modern. If you brought on by wrong-headed policy, the manufacturing can compete and com- walked into the auto plant, things were housing crisis that undermines the pur- pete with anyone in the world if it is a clean, the technology was up to date, suit of the American dream, our trade fair fight. But the deck is stacked the workers were productive, working policy must be part of our response to against us when our Government does hard. the new realities of the global econ- not enforce our own trade laws that There was one difference between the omy. level that playing field. auto plant in Reynosa, Mexico, and the Mayor Kirk inherits a position tradi- Foreign competitors take an unfair auto plant in the United States; that tionally focused on status quo trade advantage, and it is stopping American is, the auto plant in Reynosa, Mexico, policy, and expanding that policy with manufacturers from reaching their po- had no parking lot because the workers more of the same status quo trade pol- tential. We can no longer afford to sit could not afford to buy the cars they icy that gives protection to large busi- on the sidelines. We must establish a made. That is what our trade policy ness, protection to big oil, protection manufacturing policy in this Nation has wrought. to big drug companies—and even with that helps businesses stay here, that You can go to Malaysia and go to a new rights and new privileges—a status helps communities thrive, that re- Motorola plant. The workers cannot af- quo trade policy that suppresses the builds middle-class families in commu- ford to buy the cell phones they make. standard of living for American work- nities in my State. You can come back to this hemisphere ers, and at the same time hurts work- It starts with reforming our trade and go to Costa Rica to a Disney plant ers in China and India and Mexico; a policy. I am pleased to hear Mayor and the workers cannot afford to buy status quo trade policy that does noth- Kirk’s emphasis on trade enforcement. the toys for their children, the toys ing to curb the cost of climate change Too many of our major trading part- they make, or you can go back across or the degradation of the environment; ners are breaking the rules through the sea to China and the workers in and a status quo trade policy that has massive currency imbalances, tax and plant after plant after plant cannot af- yielded an $800 billion—more than $2 capital subsidies, and through unfair ford to buy the material, buy the prod- billion a day—trade deficit. labor and environmental practices. ucts they make. For 8 years the Bush trade policies In recent years, the Trade Represent- Simply put, in this country, because were wrong. They are wrong now. They ative has shown, to put it bluntly, a of a strong union movement over the

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.046 S12MRPT1 jbell on PROD1PC69 with SENATE S3062 CONGRESSIONAL RECORD — SENATE March 12, 2009 years, that is another debate and an- ment, change its shape a little bit, put In addition, investments derived other question, how the Employee Free some new handprints on it, and make from illegal activities—namely, drug Choice Act will help in building the some changes at the margin. I hope the dealing—have also been known to exist middle class in this country, workers administration will reshape these trade in Panama. Several sources indicate who worked hard and were productive, agreements, reshape our trade policy. that Panama serves as a tax haven for shared in the wealth they created. We need to stop the pattern where the as many as 400,000—mostly, not all, As productivity went up, then work- only protectionism in trade agree- United States—companies, and Pan- ers’ wages went up. As workers made ments is protectionism for the drug ama has refused to sign a tax disclo- more profits for their boss, as workers companies, protectionism for the oil sure agreement with the United States. made money for their company, those companies, and protectionism for the This is not just Panama saying, come workers shared in the wealth they cre- financial services companies, many visit us, come move some of your ex- ated. It is the American free enterprise that have created the economic tur- ecutives and, on paper, move some of system. It is what Americans have moil we now face. your work to Panama. But then, to stood for. It is why the middle class in I illustrated one time during a trade avoid taxes, we don’t even make them this country, until recently, has been debate not too long ago that if we real- disclose what those companies are and as strong as it has been. ly were concerned about trade agree- the taxes they have evaded. Such an I am glad to see the Obama adminis- ments, if we were really concerned agreement would deter tax cheats from tration will approach trade differently, about doing trade in the right way, of evading taxes through Panama and will consider what goes on in Reynosa just simply eliminating the tariff re- would enable the IRS to verify that in- and what goes on in Malaysia and forms, trade agreements would be one come subject to tax in the United Costa Rica and China. The Obama ad- page. It would simply say: Here is the States has been properly reported. ministration will take a different di- schedule that eliminates trade tariffs. Offshore tax evasion is an enormous rection on trade. But what we have seen in our trade problem. We have heard Senator DOR- I am glad to see Mayor Kirk’s empha- agreements in the last 10 years is trade GAN talk about what has happened in sis on enforcement. That means cor- agreements that look something like the Cayman Islands. It is an enormous recting our imbalanced trade relation- this: This is not exactly the real trade problem that would be potentially ag- ship with China. Enforcement also agreement, but they are usually hun- gravated by the free trade agreement means using the tools of a trade agree- dreds and hundreds of pages. And itself and also by Panama’s continuing ment to correct labor abuses. I remem- NAFTA, the Central American Free refusal to enter into a disclosure agree- ber when the Jordan agreement over- Trade Agreement, do you know why ment with the United States. Why whelmingly passed Congress. This they are not just one page or two or would we complete a trade deal which agreement was held up—at the end of three pages of repealing tariff sched- includes these extraordinary protec- the Clinton administration—as a ules? The reason is because it is all tions for corporations with a country standard in labor provisions. But in about protections. You have protec- that has secrecy issues? The old model 2001, the Bush administration back- tions for drug companies, you have pro- for trade agreements no longer works. tracked, essentially turned the other tections for oil companies, you have As Mayor Kirk begins his work at way, as those labor standards and labor protections for banks, you have protec- USTR, as we confirm him in the next provisions were being ignored by the tions for insurance companies. few days—and I hope we will—we can Jordanian Government. In fact, it even That is what these trade agreements create an alternative framework that turned the other way when reports have all been about. They accuse us of rewrites trade rules for globalization, came out that there was human traf- protectionism. These trade agreements trade rules that protect our national ficking plaguing the citizens of Jordan. are bailouts for their wealthy friends, interests and strengthen our workers As human rights groups revealed for their corporate buddies, for their and communities. overwhelming evidence of labor viola- big campaign contributors. These pro- We are all accountable in this body tions and human trafficking, the Bush tections to my friends at the USTR’s for trade votes, how our votes affect administration simply did not enforce office during the Bush administration American workers, how our trade poli- trade agreements. At the time, the were all about protecting oil, pro- cies affect Lima and Zanesville and USTR sent a letter to Jordan’s trade tecting financial services, and we know Dayton and Middleton and Portsmouth minister saying the United States what that has brought us. and Hamilton. We are all accountable would not enforce the labor provisions. Panama, the proposed trade agree- for trade votes. Most of us want trade. So why should the Jordanian Govern- ment with Panama, includes terms We want more trade, but we want it ment do it when they knew they did that shift extraordinary power to cor- under a different set of rules. Fidelity not have to? porations. Panama has a reputation as to a broken trade system will not put Those days of turning away from our a banking secrecy jurisdiction and a our economy back on track and work- responsibilities are over. In November tax haven. Panama was among 35 juris- ers back to work. The small business 2008 voters in my State, as they did in dictions identified by the Organization owner or manufacturer in a machine Michigan, as they did around the coun- for Economic Cooperation and Develop- shop or tool and dye company in Akron try, demanded real change, not sym- ment 9 years ago as a tax haven. bolic differences in policy. The Panama The GAO reported a number of cor- or a local machine shop in Dayton or Free Trade Agreement, negotiated porations, U.S. corporations, created workers and business owners around under fast-track rules by President subsidiaries in Panama for tax pur- the country don’t want more of the Bush, is more of the same failed model, poses. Now, why would we want to pass same. It is time to rethink trade pol- trade model, and we are hearing stories a trade agreement with a nation that icy. We want trade, more of it. But we now that it is time for this Senate and has encouraged U.S. companies to want it under a different set of rules the House to vote on the Panama Free move their earnings to their country to that works for workers, for commu- Trade Agreement. It is a little agree- avoid U.S. taxes? nities, and for the country. ment. It is not too bad. It does not Why would we reward a country that I yield the floor and suggest the ab- really do any damage. makes a lot of money by enticing these sence of a quorum. Well, it does do damage. It is the corporations to come to their country: The PRESIDING OFFICER. The same failed trade model that we saw We will help you avoid your taxes? clerk will call the roll. with NAFTA, the same failed trade pol- Why do we reward a country like that? The legislative clerk proceeded to icy, the same model as the Central Why do we want more of that, espe- call the roll. American Free Trade Agreement, the cially when we know and when we look Mrs. SHAHEEN. Mr. President, I ask same kind of trade policy and trade at what has happened with corporate unanimous consent that the order for mechanism and trade model as we saw salaries. If we look at what has hap- the quorum call be rescinded. with PNTR with China. pened with the banks, and they know The PRESIDING OFFICER (Mr. I hope the administration does not we do those kind of things, it simply WHITEHOUSE). Without objection, it is simply push up a Bush trade agree- does not make sense. so ordered.

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.048 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3063 EMBRYONIC STEM CELL talks about the psychological effects Omnibus Appropriations Act, 2009, I RESEARCH on her family, not knowing what each filed technical corrections to the table Mrs. SHAHEEN. Mr. President, I rise day will bring. She describes the dis- of congressionally directed spending today to express my strong support of ease as a ticking timebomb in which items contained in the explanatory expanded embryonic stem cell research there is always uncertainty and under- statement offered by the chairman of and to thank President Obama for re- lying apprehension. the Committee on Appropriations of versing the Federal limitations im- A few years ago, Abby, Mimi’s daugh- the House of Representatives which ac- posed on stem cell research by the pre- ter, was 2 weeks away from getting companies the bill H.R. 1105. vious administration. I also thank my married. She was living alone in Min- I wish to add the following technical neapolis, 1,500 miles away from her fi- colleagues Senators HARKIN, SPECTER, correction to the joint explanatory ance and her family. She was alone in FEINSTEIN, HATCH, and REID, for their statement that accompanied H.R. 1105: ongoing leadership on this issue. her apartment and because of diabetes, On page H2368 of the CONGRESSIONAL Research on human embryonic stem she fell unconscious. Luckily, her fi- RECORD of February 23, 2009, the words cells began in 1998 and is still only in ance called. He realized that Abby was ‘‘Perkins Career and Technical Edu- its infancy. In this short time, re- incoherent and he was able to contact cation Act’’ should read ‘‘Higher Edu- searchers have made great strides in the apartment manager to unlock the cation Opportunity Act’’ and the Sen- stem cell research, discovering the sci- door and get her help. But had her fi- ate requesters associated with this entific potential of embryonic stem ance not called when he did, in all like- item should be changed to ‘‘Conrad; cells and their ability to treat and cure lihood, Abby would not be alive today. Domenici; Dorgan.’’ Mimi is now a leading advocate in New diseases that affect patients and fami- f lies across our country. Unfortunately, Hampshire in support of stem cell re- FOREIGN OPERATIONS APPRO- however, the true potential of embry- search. PRIATIONS CONFERENCE RE- onic stem cell research has not yet Laura Clark, from Antrim, NH, is 25 PORT been realized. For the past 8 years, years old. Five years ago she was in the Federal funding has been limited to the final year of her nursing studies at the Mr. LEAHY. Mr. President, the Fis- study of embryonic stem cell lines de- University of New Hampshire. Unfortu- cal Year 2009 Omnibus Appropriations rived before August 9, 2001, signifi- nately, she was in a tragic car accident Act, which President Obama signed cantly hampering the ability of re- on the way to the movies. As a result yesterday, contains $36.6 billion in dis- searchers to effectively study the full of the collision, Laura’s neck was cretionary budget authority for the De- potential of these cells. Political crushed and after two weeks in inten- partment of State and Foreign Oper- issues, funding considerations, and the sive care and 11 weeks in rehabilita- ations, which is the same amount ap- limited pipeline of talented researchers tion, Laura recovered but is now quad- proved by the Appropriations Com- specializing in this new field have riplegic. While her spirit is strong, her mittee in July 2008. slowed the development of a robust re- life has changed dramatically. The ac- This represents a $1.6 billion decrease search community focused on stem cell cident not only affected Laura, but of from former President Bush’s budget course her family was affected as well. investigation. request of $38.2 billion. I repeat—this Stem cells could be a boon to medical Her mother Kathy quit her job to stay legislation is $1.6 billion below what research and treatment in a variety of home to take care of Laura, and her former President Bush recommended in ways: as replacement cells for those younger sister, who was in high school his budget. cells that have been lost or destroyed at the time, was not able to go on to It is a $3.8 billion increase from the because of disease; as tools for study- college. Laura doesn’t give up the hope fiscal year 2008 enacted level, not ing early events in human develop- that some day, as a result of stem cell counting supplemental funds, and $968 ment; as test systems for new drug research, a scientist will discover a million above the fiscal year 2008 level way to help her regain her independ- therapies; and as vehicles to deliver including fiscal year 2008 supplemental ence. genes that could correct defects. The and fiscal year 2009 bridge funds. Stem cell research holds the poten- The State and Foreign Operations more that is learned about embryonic tial to help Elle, to help Abby, and to portion of the omnibus does not con- stem cells, the better scientists can as- help Laura, and so many others in New tain any congressional earmarks. It sess their full therapeutic potential Hampshire and across this country. I does, as is customary and appropriate, and that of other stem cell types. thank President Obama for recognizing This research is so critical to the sci- specify funding levels for authorized the importance of this issue and for entific understanding of diseases, programs, certain countries, and inter- providing an opportunity for us to re- therapies, and cures that impact mil- national organizations like the United verse the stem cell policy that has lions of Americans. Embryonic stem Nations and the World Bank. slowed the pace of medical research I want to thank Chairman INOUYE, cells could lead to treatments for dis- and hindered the development of thera- President Pro Tempore BYRD, and eases that afflict up to 100 million peutic treatments for medical condi- Ranking Member COCHRAN for their Americans, including Alzheimer’s, Par- tions ranging from diabetes and spinal support throughout this protracted kinson’s disease, diabetes, cancer, cord injuries to Parkinson’s and Alz- process. And I want to thank Senator heart disease, spinal cord injuries, and heimer’s. I now look forward to work- so many other debilitating conditions. ing with my colleagues in the Senate GREGG, who as ranking member of the Now, I have always been a supporter and the new administration to ensure State and Foreign Operations Sub- of stem cell research and have long rec- continued support of stem cell re- committee worked with me to produce ognized the importance of this critical search. Through increased funding and this bipartisan legislation that was re- research to the scientific community. ensuring that moral and ethical guide- ported by the Appropriations Com- However, stem cell research became lines for research are established in mittee with only one dissenting vote. personal for me in 2007 when my oldest this growing field, I am hopeful that It was imperative that we enacted granddaughter Elle was diagnosed with the scientific community will continue this legislation. The alternative of a diabetes. But my family is not alone in with crucial stem cell innovations that year-long continuing resolution would either struggling with the disease of ju- will positively affect the lives of those have been devastating for the oper- venile diabetes or recognizing the im- three young women whom I talked ations of the State Department and our portance of stem cell research to a po- about and so many people across this embassies, consulates and missions tential cure for the disease. Mimi Sil- country. around the world, and for programs verman of Bedford, NH, speaks elo- Thank you, Mr. President. I yield the that support a myriad of United States quently about what it is like to be the floor. foreign policy interests and that pro- parent of a diabetic. Her daughter tect the security of the American peo- f Abby, who is now 30, was diagnosed ple. Many Senators on both sides of the with diabetes at the age of 7. Mimi OMNIBUS APPROPRIATIONS ACT aisle were encouraged that Senator knows about the toll that diabetes Mr. INOUYE. Mr. President, last Clinton was nominated for and con- takes on the entire family and she week when considering H.R. 1105, the firmed to be Secretary of State. If we

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The increases funds the U.S. assessed dues to 47 inter- Department of State operations, a de- would fund additional personnel for national organizations, including crease of $274 million below former protection at high-threat embassies NATO, IAEA, OECD, the U.N. and oth- President’s Bush’s request and $1.2 bil- and oversight of security contractors ers for which, as a member of the orga- lion above the fiscal year 2008 enacted in Iraq, Afghanistan and Israel-West nization, the U.S. is obligated by trea- level, not including supplemental Bank. This would not be possible under ty to contribute. We either pay now or funds. Counting emergency funds pro- a continuing resolution. we pay later. vided in fiscal year 2008 for personnel, Senators of both parties have ex- The omnibus provides $709.5 million operations and security costs in Iraq pressed strong support for expanding for the Broadcasting Board of Gov- and Afghanistan, the omnibus provides international exchange programs, par- ernors, an increase of $39.5 million a 5.6-percent increase. ticularly in predominantly Muslim above the fiscal year 2008 enacted level These increases are attributed to a countries. The omnibus provides $538 and $10 million above the former Presi- major investment in personnel, pri- million for education and cultural ex- dent Bush’s budget request. This in- marily to replace worldwide positions changes, which is $15.5 million above cludes funding for languages which the that were redirected to Iraq and invest the President’s request and an increase former administration proposed to particularly in countries of growing of $36.6 million above the fiscal year eliminate in fiscal year 2009, such as importance in South Asia. The omni- 2008 enacted level. Those additional Russian, Georgian, Kazak, Uzbek, Ti- bus supports the request of 500 addi- funds would be lost under a continuing betan and the Balkans, where freedom tional positions, much of which will resolution at the moment when the of speech remains restricted and broad- U.S. has the greatest opportunity to re- help posts left depleted, some by 25 per- casting programs are still necessary to introduce our country, our people, and cent, due to positions shifting to Iraq provide unbiased news. during the last 5 years. In addition, the our values to the rest of the world. For USAID, the omnibus provides The same is true of public diplomacy. omnibus recommends $75 million for a $808.6 million for operating expenses, The omnibus provides $394.8 million for new initiative to train and deploy per- $41.4 million above former President the State Department’s public diplo- sonnel in postconflict stabilization. Bush’s request and $179 million above macy activities, including outreach, These critical investments would have the fiscal year 2008 enacted level. This media and programs in embassies to been lost under a year-long continuing continues efforts begun last year to ad- develop relationships with people in dress the serious staff shortage at resolution. host countries. This is $33.9 million The omnibus provides $1.7 billion for USAID, but under a continuing resolu- above the fiscal year 2008 level, which construction of new secure embassies would not be available under a con- tion USAID’s staff problems would con- and to provide security upgrades to ex- tinuing resolution. tinue to worsen. It would not be able to isting facilities, which is $178 million The omnibus provides $1.7 billion for hire additional staff for Afghanistan below former President Bush’s request. construction of new secure embassies and Pakistan, or for other posts where He had proposed a 41-percent increase and maintenance of existing facilities, there is not sufficient oversight of con- which we did not have the funds to sup- a $280 million increase above the fiscal tracting and procurement. It is a crisis port. But an increase of $99.5 million, year 2008 enacted level and $83 million situation that I and Senator GREGG are or 13 percent, above the fiscal year 2008 below the President’s request. Of this determined to fix. enacted level is provided considering amount, $801 million is for embassy For bilateral economic assistance, the significant threats our embassies maintenance, $40 million less than the the omnibus provides a total of $17.1 faced last year alone, from Yemen to request and $46 million above the fiscal billion, $1.3 billion below former Presi- Belgrade. Even this lesser increase for year 2008 enacted level. dent Bush’s request and $623.3 million embassy construction and security up- The omnibus provides $770 million for above the fiscal year 2008 level. We re- grades would be lost under a year-long planning, design and construction of ceived requests from most Senators— continuing resolution. new embassies and office buildings Democrats and Republicans—for fund- Specifically, the omnibus provides worldwide, $178 million below the re- ing from within this account, totaling $4.24 billion for diplomatic and con- quest and $99 million above the fiscal far more than we could afford. A con- sular programs, which funds State De- year 2008 enacted level. Any Senator tinuing resolution would have made it partment personnel. This is an increase who has traveled abroad has seen the impossible to fund many, if not most, of $464 million, or 12 percent, above the need to replace insecure and old embas- of those requests. fiscal year 2008 enacted level and $42 sies. There is already a long waiting A good example is global health. The million above the President’s request. list, and it would be even longer under omnibus provides $7.1 billion for global This funds a major investment in per- a continuing resolution. health and child survival, an increase sonnel to increase language training Former President Bush’s budget un- of $757 million above the request and and expand the number of personnel in derfunded the U.S. assessed contribu- $737 million above the fiscal year 2008 regions of growing importance. Sen- tion to U.N. Peacekeeping in fiscal enacted level. A continuing resolution ators on both sides of the aisle have year 2009 by assuming a reduction in would be devastating for these life-sav- strongly endorsed this investment, but every mission except Sudan. That was ing programs. it would not be funded under a con- pie in the sky. The cost of most of A total of $495 million is provided for tinuing resolution. these missions is increasing, not de- child survival and maternal health, an In fact, under a year-long continuing creasing. The omnibus provides $1.5 bil- increase of $125 million above former resolution the State Department would lion for U.N. Peacekeeping, an increase President Bush’s request and $49 mil- not have the resources to fund the staff of $295 million above the fiscal year lion above the fiscal year 2008 enacted currently serving at 267 posts overseas, 2008 enacted level and $20 million above level. These funds are for programs due to exchange rate losses and the in- the President’s request. However, com- that directly decrease child and mater- creased cost of security overseas. That pared to the total amount enacted in nal mortality from preventable dis- means the United States would have fiscal year 2008, the bill is $173 million eases, like malaria, polio and pneu- even less representation than we do below the operating level in fiscal year monia. Under a continuing resolution now, which none of us here would find 2008 including supplemental funds. USAID would not be able to expand its acceptable. These are costs we are obligated to pay malaria control programs to other The omnibus provides $1.1 billion for by treaty. They support the troops of countries in Africa with a high inci- worldwide security protection for non- other nations in Darfur, the Congo, dence of malaria, which kills a million capital security upgrades, an increase Lebanon, Haiti, and a dozen other people, mostly African children, every of $355 million above the fiscal year countries. year.

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.026 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3065 The omnibus provides $300 million for view of the House and Senate that the The omnibus provides the amounts safe water programs, including increas- Congress supports the MCC but wants requested by the former President for ing access to safe drinking water and to see a slowdown in new compacts, the Export-Import Bank, an increase of sanitation, which is a key factor in im- while $7 billion in previously appro- $26.5 million above fiscal year 2008. By proving public health. priated funds are disbursed, and while not passing this legislation, these addi- Former President Bush proposed a the new administration decides how it tional resources would not have been steep cut in funding for family plan- wants to fund the MCC in the future. available to make U.S. businesses com- ning and reproductive health programs, The agreement provides sufficient petitive in the global marketplace. At even though they are the most effec- funds to continue current operations this time of economic downturn at tive means of reducing unwanted preg- and to commence two new compacts of home we should be doing everything we nancies and abortions. The omnibus, $350 million each. can to support U.S. trade. instead, provides a total of $545 million For the Peace Corps, the omnibus These are the highlights of the fiscal from all accounts for family planning provides $340 million, which is $9 mil- year 2009 State and Foreign Operations and reproductive health including $50 lion above the fiscal year 2008 level. portion of the omnibus that passed by million for the U.N. Population Fund, Those additional funds would have a vote of 62–38. It contains funding to which is $82 million above the fiscal been lost under a continuing resolu- meet critical operational costs and year 2008 level. A continuing resolution tion. programmatic needs which support would eliminate those additional The omnibus provides $875 million for U.S. interests and protect U.S. security funds, and the number of unintended international narcotics control and law around the world. pregnancies and abortions would in- enforcement, which is $327 million A handful of our friends in the minor- crease. below the request and $321 million ity spent days criticizing the omnibus The omnibus provides a total of $5.5 above the fiscal year 2008 enacted level. because it contains earmarks. Appar- billion for programs to combat HIV/ Those additional funds for programs in ently they would have preferred that AIDS, $388 million above former Presi- Latin America, Pakistan, Afghanistan, unnamed, unelected bureaucrats make dent Bush’s request and $459 million and many other countries would be lost all the decisions about the use of tax- above the fiscal year 2008 level. Of this under a continuing resolution. payer dollars. In fact, the total amount amount, $600 million is provided for the There is a total of $405 million for of the $410 billion omnibus that Mem- global fund to fight HIV/AIDS, which is continued support of the Merida Initia- bers of Congress—Democrats and Re- $400 million above the request. Addi- tive, including $300 million for Mexico publicans—have earmarked for schools, tionally within the total, $350 million and $105 million for the countries of fire and police departments, roads, bridges, hospitals, scientific research, is provided for USAID programs to Central America. The fiscal year 2008 universities and other organizations combat HIV/AIDS, which is $8 million supplemental included $400 million and and programs in their states and dis- above the request. $65 million, respectively. We are all in- These additional funds, which pay for creasingly alarmed by the spread of tricts which would not otherwise re- life-sustaining antiretroviral drugs, drug-related violence and criminal ceive funding, is less than 1 percent. prevention and care programs, would gangs in Mexico, but under a con- That is what the aggrieved speeches be lost under a continuing resolution, tinuing resolution there would be noth- were about. A whopping 1 percent. Some Senators complained that the to the detriment of 1 million people ing for the Merida Initiative. omnibus—all but a small fraction of who would receive life-saving treat- Migration and refugee assistance is which would fund the budget requests funded at $931 million, which is $167 ment this year. With this funding 2 of former President Bush—is more than million above former President Bush’s million additional HIV infections we can afford. Those are the same Sen- request and $108 million above the fis- would be prevented this year. Instead ators who, year after year, cal year 2008 enacted level. That $108 of 10 million lives we are saving today, rubberstamped billions and billions of million would be lost under a con- we have the opportunity to save 12 mil- borrowed dollars to fund an unneces- tinuing resolution. This amount is al- lion people. We have the opportunity sary war and reconstruction programs ready $557 million below what was pro- with this bill to save 1 million more or- in Iraq that were fraught with waste phans or vulnerable children who are vided in fiscal year 2008 including sup- and abuse. either infected with HIV or have been plemental and fiscal year 2009 bridge Some say that the intervention of orphaned because a parent died from funds. These funds are used for basic the Economic Recovery and Reinvest- HIV/AIDS. Why would we not make care and protection of refugees and in- ment Act is why they opposed the om- this investment this year? ternally displaced persons, whose num- nibus. Regarding the Department of The development assistance account bers are not expected to decrease this State and Foreign Operations, 99.6 per- funds energy and environment pro- year. cent of the omnibus has no correlation grams, microcredit programs, private The omnibus provides $4.9 billion for whatsoever to what was funded by the enterprise, rule of law, trade capacity, military assistance and peacekeeping Recovery Act. This portion of the om- and many other activities that Sen- operations, $173 million below former nibus funds all of the United States’ ators on both sides of the aisle support. President Bush’s request but $212.6 mil- activities overseas. All of the key new The omnibus provides $1.8 billion for lion above the fiscal year 2008 enacted investments I have described would not development assistance which is $161 level. The omnibus assumes $170 mil- have been possible under a year-long million above former President Bush’s lion provided in the fiscal year 2008 continuing resolution. request and $176 million above the fis- supplemental as fiscal year 2009 bridge The funding for State and Foreign cal year 2008 enacted level. funds for military assistance to Israel, Operations in the omnibus amounts to The omnibus provides $350 million for making the total amount for Israel about 1 percent of the total budget of international disaster assistance, $52 equal to the President’s request, $2.55 this country. However one views the million above the request and $30 mil- billion. The additional $212.6 million Economic Recovery Act, the damage lion above the fiscal year 2008 enacted for other important bilateral relation- that a year-long continuing resolution level, excluding supplemental funds. ships would be lost under a continuing would have caused to the functions of These funds enable the United States resolution. our embassies, consulates and mis- to put its best face forward when dis- For contributions to the multilateral sions, and to the foreign service offi- aster strikes, as it did with the tsu- development institutions, which we cers who serve the American people nami, the earthquake in Pakistan, owe by treaty, the bill provides $1.8 bil- around the world, would have been dev- floods in Central America, and famine lion. That is $503 million below the astating. The damage to programs in Africa. former President’s request and $251 would be measured in lives. The omnibus provides $875 million for million above the fiscal year 2008 en- We have seen the image of our coun- the Millennium Challenge Corporation. acted level. A continuing resolution try battered beyond recognition. The This is $1.3 billion below the request would have put us another $251 million values our country was founded on and $669 million below the fiscal year in arrears, in addition to the arrears were ignored, ridiculed, and dimin- 2008 enacted level. This reflects the we already owe. ished. Democrats and Republicans

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.026 S12MRPT1 jbell on PROD1PC69 with SENATE S3066 CONGRESSIONAL RECORD — SENATE March 12, 2009 alike recognize that the United States Today, an additional 2 hours was de- schemes involving commodities fu- needs to reinvigorate its engagement manded by the Republican majority to tures, options and derivatives as well in the world, particularly through re- debate the Ogden nomination further as making sure the Government can re- building alliances and using diplomacy before they would allow a vote. Of cover the ill-gotten proceeds from more effectively. The omnibus puts our course, those Republicans who opposed crime. money where our mouths are. The al- the nomination used not 1 minute of Our bipartisan measure was favor- ternative would have been to retract, time to debate it today—not 1 minute. ably reported on a voice vote by the and to invite others to fill the vacuum. Indeed, of the time that the Repub- Judiciary Committee on March 5. I That might save money in the short lican minority insisted was necessary have been trying to get a time agree- term, but it would have cost us dearly before the Senate could vote on the ment to consider the measure ever in the future. Ogden nomination, more than an hour since. The Senate should consider and f was wasted in quorum calls with no pass it without delay. We can help speakers at all yesterday and approxi- BUSINESS OF THE SENATE make a difference for all Americans. mately 1 hour was spent by opposition Instead of wasting our time in quorum Mr. LEAHY. Mr. President, I am glad speakers—not 7 hours, not 3 hours, calls when no one is speaking, or de- Republican Senators abandoned their barely 1 hour. The Ogden debate could manding multiple hours of debates on efforts to filibuster the nomination of easily have been handled with the op- nominations that can be discussed in the Deputy Attorney General. It was position taking an hour or an hour and much less time before being confirmed, only after the majority leader filed for one-half to speak. let us work on matters that will help cloture that the Republican caucus I wish instead of this campaign to get us out of the economic ditch that came to the conclusion that such a ma- delay and obstruct the President, the we have inherited from the policies of neuver was futile. I thank the majority minority would work with us on the the last administration, and let us leader for scheduling the debate and consideration of matters of critical im- begin to work together on behalf of the votes for the President’s nominees to portance to the American people. I will American people. serve as Deputy Attorney General and note just one current example. This Associate Attorney General. They have morning, the New York Times had a f now been confirmed by the Senate. front-page story about financial frauds. EL SALVADOR ELECTION The Republican minority, nonethe- Last week, the Senate Judiciary Com- less, insisted on 7 hours of debate on mittee reported an antifraud matter to Mr. LEAHY. Mr. President, this Sun- the Deputy Attorney General nomina- the Senate. The Leahy-Grassley Fraud day the people of El Salvador will go to tion this week before allowing the Enforcement and Recovery Act, S.386, the polls to elect a new President. As vote. That was longer than the debate needs to be considered without delay. one Senator who has followed develop- they demanded on the nomination of It is an important initiative to con- ments in that country and observed the Attorney General of the United front the fraud that has contributed to with concern the steady rise in violent States. I spoke yesterday to open the the economic and financial crisis we crime, including organized crime and debate, as did the ranking Republican face, and to protect against the diver- drug trafficking, I hope that whoever on the Senate Judiciary Committee, sion of the Federal efforts to recover wins the election makes reforming the Senator SPECTER, who also supported from this downturn. police and justice system a priority. the nomination. We both spoke, again, As the New York Times story dem- United States assistance to El Sal- today to close the debate. onstrates, improving our efforts to vador is a small fraction of what it was I followed the debate, and have re- hold those accountable for the mort- during the 1980s, but in 2006 El Sal- sponded by way of additional state- gage and financial frauds that have vador signed a 5-year compact with the ments to correct the record on the Dep- contributed to the worst economic cri- Millennium Challenge Corporation. uty Attorney General nominee. The compact totals $461 million, and Now I would like us to take a step sis since the Great Depression is most back and see what has occurred. Yes- timely. We need to do better, and our focuses on road construction, economic terday, the Republican minority in- bipartisan bill, which has the support and social development in the area of sisted on 5 hours of debate on the of the U.S. Department of Justice, can the country bordering Honduras that Ogden nomination. In fact, the Repub- make a difference. In addition to Sen- bore the brunt of the worst con- lican opposition devoted less than 1 ator GRASSLEY, I thank Senator KAUF- sequences of the civil war. hour to comment about the Ogden MAN, Senator KLOBUCHAR, Senator I had hoped that a portion of the nomination. The rest of their time SCHUMER, and Senator SHELBY for MCC compact would be used to they consumed with criticism of the working with us and for their interest strengthen El Salvador’s dysfunctional President’s budget and policy initia- in this important measure. judicial system, both to help reduce tives to help the country recover from Our legislation is designed to reinvig- violent crime and attract foreign in- the economic crisis. I am not saying orate our capacity to investigate and vestment, but unfortunately that was that the budget discussion is unimpor- prosecute the kinds of frauds that have not the decision of the Salvadoran Gov- tant. I may not agree with their criti- undermined our economy and hurt so ernment or the Bush administration at cism, but the budget is certainly a many hard-working Americans. It pro- the time. Nevertheless, the MCC com- topic about which Senators may wish vides the resources and tools needed for pact does seek to improve the lives of to make statements. My point is that law enforcement to aggressively en- some of El Salvador’s poorest commu- after delaying debate on the Presi- force and prosecute fraud in connection nities and I support it. dent’s nomination for the No. 2 official with bailout and recovery efforts. It Recently, I have been concerned with at the Justice Department for 2 weeks, authorizes $245 million a year over the reports that some Salvadorans in- and demanding extended debate, they next couple of years for fraud prosecu- volved in the election campaign may failed to use the time to discuss the tors and investigators. With this fund- have asserted that if the opposition nomination. Instead, they talked about ing, the FBI can double the number of party candidate wins the election the unrelated issues. mortgage fraud taskforces nationwide, United States will stop funding the In fact, they were so uninterested in and target the hardest hit areas. It in- MCC compact. Such an assertion, pre- debating the nomination that by the cludes resources for our U.S. Attor- sumably to intimidate voters, would be time Senator INHOFE came to the floor, neys’ Offices, as well as the Secret completely false. all Republican time had been used on Service, the HUD Inspector General’s We take no position on the Salva- other discussions. As a courtesy, we Office and the U.S. Postal Inspection doran election. It is entirely for the made available time from the Demo- Service. It includes important im- people of El Salvador to decide who cratic side that should have been used provements to our fraud and money their next President will be. The MCC by supporters of the nomination. We laundering statutes to strengthen pros- compact will continue regardless of accommodated the Senator from Okla- ecutors’ ability to confront fraud in who wins on Sunday, as long as the homa so that he could speak against mortgage lending practices, to protect policies of the new Government, of the nomination. TARP funds, and to uncover fraudulent whichever party, are consistent with

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.026 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3067 the MCC’s eligibility criteria, includ- their lives in Iraq. Poland also has one spurring the rebels to intensify their ing controlling corruption and invest- of the largest contingents in Afghani- attacks against civilians. ing in health and education. stan. Over 1600 Polish soldiers fight I am not ruling out that this offen- I look forward to the results of Sun- every day to stabilize the Afghan prov- sive—still ongoing—may yet succeed. day’s election and the opportunity for ince of Ghazni. Nine Polish soldiers Indeed, I strongly hope it does. On sev- our two countries to work together for have been killed and dozens wounded in eral occasions last year, Kony refused a brighter future. Iraq. to sign a comprehensive peace agree- f In closing, I wish to speak a bit about ment with the Government of Uganda, history. My colleagues have heard me an agreement that even included provi- 10-YEAR ANNIVERSARY OF THE speak about Poland’s history many sions to shield him from an Inter- EXPANSION OF NATO times in the past. For 40 years, I national Criminal Court indictment. Ms. MIKULSKI. Mr. President, I rise watched the people of Poland live At the same time, as negotiations were today to recognize the 10-year anniver- under brutal, communist rule. They did still underway, his forces launched new sary of the expansion of the North At- not choose Communism—it was forced attacks in Congo, Sudan, and, for the lantic Treaty Organization, NATO. upon them. Each ethnic group in Amer- first time, Central African Republic. During the debate on whether to ex- ica brings our own history to our won- They abducted hundreds of youths to pand NATO, I said that this debate derful American mosaic. Bringing rebuild their ranks. It was apparent holds special resonance for me. Grow- these three nations into NATO family that Kony was not interested in a nego- ing up as a Polish American in east of nations 10 years ago was one of the tiated settlement, despite the good ef- Baltimore, I learned about the burning best decisions we made in the post-cold forts of mediators and northern Ugan- of Warsaw at the end of the Second war era. Of all the things I have done dan civil society leaders. I supported World War. The Germans burned War- in my years in the Senate, this is one those peace negotiations, but it became saw to the ground—killing a quarter of of those for which I am most proud. increasingly clear that the LRA’s lead- ers would only be stopped when forced a million people—as Soviet troops f watched from the other side of the to do so. Vistula River. I learned about the LORD’S RESISTANCE ARMY For many years I have pressed for a Katyn massacre—where Russia mur- Mr. FEINGOLD. Mr. President, I wish political solution to the crisis in north- ern Uganda. I pressed for the inter- dered more than four thousand Polish to express my grave concern at the national community to work collec- military officers and intellectuals in continuing massacres, kidnappings, tively to support efforts to bring peace the Katyn Forest at the start of the and terror orchestrated by the Lord’s and stability to this war-torn area. And Second World War. Resistance Army, the LRA, in north- against all odds, the most recent peace The tragedies that Poland, the Czech eastern Congo and southern Sudan. As talks in Juba, South Sudan, did see a Republic, and Hungary experienced in many of my colleagues know, I have collective effort but to no avail. These long been engaged in efforts to bring an the aftermath of the Second World War negotiations were not perfect but for end to this—one of Africa’s longest are etched on my heart. That was the some time offered a path forward and running and most gruesome rebel wars. one reason I fought so long and so hard provided a framework to address the In 2004, I authored and Congress passed for Poland and the others to be part of underlying grievances of communities the western family of nations. the Northern Uganda Crisis Response in northern Uganda. But then, it be- Despite the importance of history, Act, which committed the United came increasing clear that Joseph my support for NATO enlargement was States to work vigorously for a lasting Kony had no intention of ever signing based on the future. My support was resolution to this conflict. In 2007, I the final agreement and had instead based on what is best for America. visited displacement camps in northern been conducting new abductions to re- Thankfully when we voted to bring Po- Uganda and saw first-hand the impact plenish his rebel group. It became in- land, the Czech Republic, and Hungary the violence orchestrated by the LRA creasingly clear that Kony and his top into NATO, the yeas carried the day. has had throughout the region. I have commanders would stand in the way of Since that day, those three nations been frustrated as the LRA has been any comprehensive political solution. have exceeded every expectation as able to move in recent years across po- These failed talks justify military strong allies of the United States, and rous regional borders to gain new foot- action against the LRA’s top com- the naysayers’ fears during the debate holds in northeastern Congo, southern mand, but that action must be care- on the NATO expansion have also been Sudan, and even the Central African fully considered. As we have seen too shown as unwarranted. Republic, with little consequence. many times, offensive operations that The NATO expansion nations of 1999, Just over 2 months ago, the Ugandan, are poorly designed and poorly carried Poland, the Czech Republic, and Hun- Congolese, and South Sudanese mili- out risk doing more harm than good, gary have more than lived up to their taries launched a joint offensive inflaming a situation rather than re- obligations under the NATO alliance. against the LRA’s primary bases in solving it. Before launching any oper- Poland has made enormous invest- northeastern Congo. Serious concerns ation against the rebels, the regional ments into all areas of its military. As have been raised about the planning militaries should have ensured that a result, over the last 10 years the and implementation of this operation. their plan had a high probability of number of Polish troops serving on Since the military strike began, the success, anticipated contingencies, and NATO missions has steadily grown LRA has been able to carry out a series made precautions to minimize dangers from 1500 to over 3500. Another 300 Pol- of new massacres in Congo and Sudan, to civilians. It is widely known that ish military personnel serve in pres- leaving over 900 people dead. That is a when facing military offensive in the tigious academic and administrative killing rate that, according to the past, the LRA have quickly dispersed positions in NATO institutions around Genocide Intervention Network, ex- and committed retaliatory attacks the world. Polish naval vessels also op- ceeds that in Darfur or even in Soma- against civilians. Furthermore, to be erate as part of NATO standing reac- lia. Hundreds of new children have been sustainable, military action needs to tion forces all over the world, pro- abducted and new communities have be placed within a larger counterinsur- viding cutting edge mine detection and been devastated and displaced. It is gency strategy that integrates out- countermeasures expertise. tragically clear that insufficient atten- reach to local populations, active pro- Poland has also emerged as one of tion and resources were devoted to en- grams for basic service provision and the United States’ strongest allies in suring the protection of civilians dur- reconstruction in affected areas, and the war against terrorism and extre- ing the operation. Meanwhile, the mechanisms for ex-combatant disar- mism around the globe. Polish troops LRA’s leader, Joseph Kony, and his mament, demobilization and reintegra- accompanied American soldiers into commanders escaped the initial aerial tion. Those mechanisms are especially Iraq when they invaded in 2003, and assault and have continued to evade important in the case of the LRA be- maintained a mission that grew as the militaries. Thus far, this operation cause of the large number of child large as 2500 troops up until the end of has resulted in the worst-case scenario: abductees who make up the rebel 2008. Nearly 30 Polish soldiers gave it has failed to stop the LRA, while ranks.

VerDate Nov 24 2008 01:37 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.038 S12MRPT1 jbell on PROD1PC69 with SENATE S3068 CONGRESSIONAL RECORD — SENATE March 12, 2009 As this operation continues, I hope to be willing to take responsibility for proud to play a role in increasing the the regional militaries are identifying outcomes, whether anticipated or not. Corporate Average Fuel Economy, their earlier mistakes and adjusting To that end, it is critical that the CAFE, standard for cars and trucks for their strategy in response. Meanwhile, State Department is not only involved the first time in 32 years. The new the international community cannot but plays a leading role in ensuring standard requires the entire U.S. fleet continue to stay on the sidelines as that any military activities are coordi- of cars and trucks to average 35 mph by these massacres continue. The United nated with long-term political strate- 2020. Nations Security Council should take gies and our overarching foreign policy The new standard has a better chance up this matter immediately and, in co- objectives. of success because it applies across the ordination with the Secretary-General In the case of this current operation entire U.S. fleet, removing the loop- and his Special Representative for against the LRA, as I have already out- hole that encouraged auto manufactur- LRA-affected areas, develop a plan and lined, I do not believe these conditions ers to build larger cars. At the same new resources to enhance civilian pro- were met or the necessary due dili- time, we structured the standard in a tection. I urge the Obama administra- gence undertaken before its launch. way that allows manufacturers to spe- tion to use its voice and vote at the Se- But we cannot just give up on the goal cialize in the vehicles for which they curity Council to see that this happens. of ending the massacres and threat to are known. Instead of having every At the same time, I urge the adminis- regional stability posed by this small manufacturer meet the 35 mph stand- tration to develop an interagency rebel group. That is precisely why I am ard, those that build smaller cars will strategy for how the United States can urging the development of an inter- meet a higher standard and those that contribute to longer term efforts to agency strategy to drive U.S. policy build larger cars will meet a lower one. disarm and demobilize the LRA, re- going forward. By putting in place such But in the end, the fleet as a whole will store the rule of law in affected areas a proactive strategy, we can better reach 35 mph. We increased CAFE in a of Congo and Sudan, and address polit- help the region’s leaders to get this way that garnered the support of both ical and economic marginalization in mission right and protect their people environmentalists and the automobile northern Uganda that initially gave from the LRA’s continuing atrocities. industry—a model I hope we can follow rise to this rebel group. This could finally pave the way for a in developing climate change legisla- This is not to suggest the United new future for this region and its peo- tion. States has not already been involved ple and help shape an AFRICOM that In the same bill that raised CAFE, with the ongoing operation. AFRICOM works effectively for both Africa and Congress also established a Renewable officials have acknowledged that they America’s security interests. Fuel Standard, RFS, requiring that 36 provided assistance and support for f billion gallons of renewable fuel is sold this operation at the request of the re- in 2020—up from 9 billion gallons today. gional governments. CLEAN TEA Taken together, the CAFE and RFS As a 17-year member of the Sub- Mr. CARPER. Mr. President, I have is expected to save two million barrels committee on African Affairs and come to the floor of the Senate many of oil per day and save consumers more someone who has been involved with times to discuss the importance of than $80 billion at the pump. It will AFRICOM since its conception, I would curbing greenhouse gas emissions. Over also reduce emissions of carbon dioxide like to offer some thoughts on this the past several Congresses, I have in- by 18 percent. matter. While I supported AFRICOM’s troduced legislation to create a manda- While this is a major improvement, creation, I have been concerned about tory cap-and-trade program to help we must remember that our goal is to its potential to eclipse our civilian utilities reduce their emissions of car- reduce greenhouse gas emissions by 60 agencies and thereby perpetuate per- bon dioxide, while also regulating to 80 percent. We need to look for other ceptions on the continent of a milita- unhealthy emissions of mercury, nitro- ways to make the transportation sys- rized U.S. policy. It is essential that we gen oxide and sulfur dioxide. Hopefully, tem cleaner. get this balance right and protect chief later this year, Congress will consider That is where the bill we are intro- of mission authority. By doing so, we an economy-wide, cap-and-trade bill to ducing today comes in. The Clean Low- can help ensure AFRICOM contributes curb greenhouse gas emissions. Emission Affordable New Transpor- to broader efforts to bring lasting But one area that has not received tation Act, or CLEAN TEA, would re- peace and stability across Africa. When enough attention or comprehensive serve a portion of any auction proceeds I visited AFRICOM’s headquarters last treatment in climate change proposals from a climate change bill, and dedi- December and talked with senior offi- is the transportation sector. cate it to funding transportation cials, we discussed the important roles In all fairness, it is tricky to address. projects that reduce greenhouse gas that it can play. They include helping Mobile sources—like cars and trucks— emissions. to develop effective, well-disciplined are numerous and do not stay in any This is a critical piece of the puzzle militaries that adhere to civilian rule, one jurisdiction. The amount of pollu- which, if left out, hampers the effec- strengthening regional peacekeeping tion they produce is impacted by the tiveness of the other measures taken missions, and supporting postconflict efficiency of the vehicle, the type of by car companies and fuel producers. demobilization and disarmament proc- fuel it uses, as well as how far, fast and For example, in 1975, we created CAFE esses. In my view, assisting a multilat- often the vehicle is driven. Managing standards to reduce oil use. But at the eral operation to disarm an armed all of those different inputs is not an same time, we closed down transit sys- group that preys on civilians and easy thing to do. But we must find a tems and built homes far from work- wreaks regional havoc fits this job de- way if we are serious about addressing places, schools, groceries and doctors. scription, theoretically, at least. climate change. As a result, driving increased by 150 To put it bluntly, I believe sup- The transportation sector produces percent. Therefore, even though cars porting viable and legitimate efforts to 30 percent of greenhouse gas emissions got significantly more efficient, Amer- disarm and demobilize the LRA is ex- and is the fastest growing source of ican use of oil increased 50 percent. We actly the kind of thing in which pollution. If we do not curb emissions cannot afford to make that mistake AFRICOM should be engaged. Of from transportation, we will either fail again. course, the key words there are viable to reduce greenhouse gas emissions to CLEAN TEA requires States and and legitimate. We should not be sup- the level scientists tell us is necessary metropolitan planning organizations to porting operations that we believe are to stave off climate change. Or we will review their long-range transportation substantially flawed and do not have a have to ask other sectors to make up plans to determine what they could do high probability of success. Further- the difference. to reduce greenhouse gas emissions by more, we should ensure that operations When the transportation sector has making their transportation system we assist do not exacerbate inter-state been considered before, the focus has more efficient and providing alter- tensions or violate international hu- always been on vehicle fuel economy native forms of transportation. Once manitarian law. If we get involved, standards or tailpipe emissions stand- they establish a goal that is appro- even in an advisory capacity, we have ards. Last Congress, I was extremely priate for their area and a list of

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.004 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3069 projects to help them meet that goal, transportation alternatives and low- and build on the momentum for change they would receive funding to build ering greenhouse gas emissions from that the women’s suffrage movement those projects. Eligible projects are the transportation sector. created. Catt’s lifetime of persistence anything that is proven to reduce Mr. SPECTER. Mr. President, I have and dedication—as a leader for change greenhouse gas emissions, including sought recognition to comment on my and, earlier in her life, as the only transit, freight or passenger rail, side- cosponsorship of the Clean, Low-Emis- woman in her graduating class at Iowa walks and bike lanes, carpools and van- sion, Affordable, New Transportation Agricultural College and Model Farm— pools, intelligent transportation sys- Efficiency Act, CLEAN TEA. reminds us how hard women through- tems, congestion pricing measures and This bill, which I introduced along out our history have worked to secure coordination of development and trans- with Senator CARPER, would establish our rights and freedoms. portation plans. a fund for transportation initiatives We also remember the amazing Wis- Ten percent of auction proceeds designed to reduce greenhouse gas consin women who have enriched their might sound like a lot. But as I men- emissions. The fund would be supported local communities, including Margaret tioned before, the transportation sec- by 10 percent of the proceeds of any fu- Schurz. Schurz started the first kinder- tor is 30 percent of the problem and ture cap-and-trade system established garten in the Nation in Watertown, WI, growing faster than any other sector. by Congress to address the issue of cli- in 1856. Her efforts led to the imple- In addition, these projects that would mate change. The funding could be mentation of kindergarten and early- reduce greenhouse gas emissions will used by States and local planning orga- education programs throughout the save Americans money and create jobs. nizations for the development of United States. Her legacy is a great ex- The American Public Transit Asso- projects such as rail, transit, transit- ample of the impact Wisconsin women ciation recently found that people who oriented land use and other initiatives have had in bringing about progressive use transit regularly save $1,800 a year designed to reduce emissions from the change in education and many other in transportation costs. The Surface transportation sector. It is important areas. Transportation Policy Project has to note, however, that the bill is not This month we also know that we found that those who live in areas with focused solely on providing alter- must continue to advocate for funda- access to public transportation incur natives to auto use. Highway oper- mental fairness and equality for significantly lower costs than those ational improvements such as demand women. The enactment of the Lily who do not. This is incredibly impor- management programs and intelligent Ledbetter Fair Pay Act of 2009 to help tant in a weak economy or when gas transportation systems would also be ensure protection from pay discrimina- prices are high. Most people do not re- eligible if they reduce emissions by uti- tion represents another step forward, alize that transportation is the second lizing highway capacity in a more effi- but there remains a long road ahead of highest expense in most American cient manner. us. In addition to passing the Fair Pay households—more than health care. These are important steps in low- Act, Congress needs to do more to en- For some, transportation costs are ering our Nation’s greenhouse gas sure all of America’s citizens receive even higher than their mortgage or emissions, reducing our dependence on equal pay for equal work. Wage dis- rent. foreign oil and promoting transpor- crimination costs families thousands of Last spring and summer, when gas tation mobility. Since transportation dollars each year. This is hard-earned prices went to $4 a gallon across the accounts for one-third of greenhouse money that working women simply country, Americans sought ways to gas emissions, it stands to reason that cannot afford to lose. I am a proud co- save money by driving less. Many of revenue generated from a cap-and- sponsor of the Paycheck Fairness Act them found that their transportation trade system should be devoted to cre- introduced earlier this year. This legis- options were quite limited. Their ating a more sustainable transpor- lation strengthens penalties for em- neighborhoods had no sidewalks and tation future. ployers who violate the Equal Pay Act there was little or no transit service. f and requires the Department of Labor Those who had options, exercised them. to provide training to employers to WOMEN’S HISTORY MONTH But those who didn’t either had to pay help eliminate pay disparities. the price of gas and skimp elsewhere or Mr. FEINGOLD. Mr. President, I am I applaud President Obama’s an- reduce their quality of life. This is un- proud to help celebrate Women’s His- nouncement that he will convene a acceptable. tory Month today. This is a time to White House Council on Women and We fund our transportation system celebrate the contributions of women Girls to ensure that the Federal Gov- through a gas tax, which is to say that throughout our history and to recog- ernment is coordinated in its response we pay for roads and transit by burning nize the work of so many to secure to the challenges facing women and gasoline. When people drive less, our women’s rights and fulfill our Nation’s girls in our country. As we commemo- transportation budgets dry up. So promise of equal justice under the law. rate Women’s History Month, we must states and localities that seek to re- My own State can be proud that so continue to honor the tremendous con- duce oil use, lower greenhouse emis- many Wisconsin women have made tributions women have made, and sions and save their constituents critical contributions to the movement renew our commitment to advancing money, get their budgets cut. CLEAN for women’s suffrage, to education, and the rights of women everywhere. to countless other areas of American TEA reverses that by sending money to f states and localities based on how life. Wisconsin achieved extraordinary much they reduce emissions. things to pave the way for suffrage and REAL STIMULUS ACT As we develop a climate change bill, social progress for generations to Mr. INHOFE. Mr. President, I have we must consider how every sector of come. According to the Wisconsin His- cosponsored Senator VITTER’s legisla- the economy can play a part in low- torical Society, in 1919 Wisconsin was tion, The REAL, Resources from En- ering greenhouse gas emissions. When the first State to ratify the 19th ergy for America’s Liberty, Stimulus it comes to the transportation system, amendment to grant women the right Act of 2009. It is crucial that this Na- we—right here in Congress—have a lot to vote. Sixty years before that his- tion realize the need to develop our oil to say about how that system is devel- toric moment, one of the great leaders and natural gas resources from the oped, how efficient it is and how pol- of the suffrage movement, Carrie Chap- Outer Continental Shelf and ANWR, luting it is. We should make sure that, man Catt, was born in Ripon, WI. enact the kind of responsible stream- as we tell American businesses to get Catt’s lifelong effort to pass the 19th lining of government to not hinder their houses in order, we clean up our amendment, especially her leadership that development, and provide impor- act as well. of the National American Woman Suf- tant regulatory relief. Through CLEAN TEA, we have the frage Association, was vital to the I have consistently highlighted the chance to make progress addressing Amendment’s ultimate success. And amounts of U.S. reserves, and I think it many problems at once—finding addi- Catt didn’t stop there. Once the amend- is important to continue to point out tional funding for transportation infra- ment was ratified, she founded the the amount of reserves in the United structure, building money-saving League of Women Voters to continue States. The OCS holds 14 billion barrels

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.020 S12MRPT1 jbell on PROD1PC69 with SENATE S3070 CONGRESSIONAL RECORD — SENATE March 12, 2009 of oil and 55 trillion cubic feet of gas, that those activities are harming any It seems to me that the key question to be which is equivalent to 25 years worth species that is in decline. It allows end- addressed is ‘‘what is the role of the Federal of imports from Saudi Arabia. ANWR less litigation on major activities that government guiding and fostering energy de- holds 10 billion barrels or 15 years are funded, carried out, or authorized velopment and usage in the United States?’’ If I could ask one question of yourself, Mr. worth of imports from Saudi Arabia. by the Federal Government. The eco- Risch, Mr. Obama, and Mr. McCain, that Today we would have 1 million addi- nomic impacts of regulating green- would be it. tional barrels of oil a day coming from house gases under ESA are enormous. It further seems to me that the de facto ANWR had President Clinton not ve- For example, any permit for a power- energy policy of our party is ‘‘the private toed legislation in 1995 to authorize plant, refinery, or road project in the sector will do it.’’ I believe that what we that production. Production from United States could be subject to liti- have proven over the past 40 years is that ANWR is entirely responsible. Com- gation if it contributes to total carbon this is incorrect. The current cost of energy pared to the size of Alaska, ANWR’s 19 supports my position: $4 gasoline (with $5 in emissions. ESA prompted lawsuits and sight), rising food prices (fueled by a nonsen- million acres is about the same size of bureaucratic delays could even extend sical corn to ethanol policy), plus the cost of South Carolina, and of that area, we to past fossil fuel-linked Federal the war in Iraq (Alan Greenspan is correct: it propose opening about 1.5 million acres projects if they could increase green- is all about oil). Certainly the cost of elec- to exploration which is roughly 6 per- house gas emissions or reduce natural tricity and other energy sources will follow cent of ANWR. Of those 1.5 million carbon dioxide uptake. The ESA is over suit. While the private sector has proven ex- acres, only 2,000—an area the size of 30 years old. Its only real success has tremely adept at maximizing profits over a 3 Washington’s Dulles International Air- been to provide full time employment month quarterly-reporting time frame, that appears to be the limit of their time horizon. port—would be devoted to drilling. for the radical activists and the trial This is only one example of new pro- It is sadly ironic that decisions made in 1974 bar. Most importantly, despite billions by France regarding nuclear power and by duction which can occur in an environ- of Federal dollars spent, millions of Brazil (a dictatorship at the time!) in 1975 re- mentally exacting manner. acres of property rights restricted, and garding ethanol, were vastly more far-sight- The legislation also includes impor- the years of red tape delays, barely 1 ed that what our country has chosen by ab- tant regulatory reforms which outside percent of listed species have actually rogating energy leadership to the private the energy production components of recovered. If that is not justification to sector. this bill would be referred to the Envi- Alternatively I believe that strong inter- restructure an outdated, ineffective action lead by the Federal government and ronment and Public Works Committee law, I don’t know what is—there has to for consideration. Some of the EPW re- involving the private sector can solve the be a better way. problem. While I understand that sounds so- lated provisions include streamlining I have long said America is not run- cialistic, that is exactly how we were able to environmental considerations in the ning out of oil and gas or running out harness our power to address the challenge leasing of the OCS and ANWR and of places to look for oil and gas. Amer- of the second world war and the cold war. streamlining reviews for new nuclear ica is running out of places where we I would recommend that you set a goal to power plant licensing. The bill includes have the country be free of imported oil in 15 are allowed to look for oil and gas. The years. To accomplish this, we will need to language meant to ensure that Federal American public has got to demand projects and actions are not needlessly find another way to power the transpor- that the Democrats in Congress allow tation sector, and electricity is the only via- delayed, and therefore made more cost- us to produce from our own resources ble alternative. The government should sub- ly, by required environmental reviews. without unnecessary and burdensome sidize mass transit and utilization of electric Too often the NEPA mandated environ- Government regulation. cars and development of next-generation mental review process is used as the electric cars should be subsidized. Financing f means to slow or stop projects, not for subsidies should come from taxes on the based on substantive environmental IDAHOANS SPEAK OUT ON HIGH egregious profits realized by oil companies, grounds but, rather, simply because se- ENERGY PRICES which we are subsidizing in the form of mili- lected individuals oppose the projects. tary defense of the middle east. Clearly the Mr. CRAPO. Mr. President, in mid- supply of electricity will need to be greatly We need to reduce the ability of these June, I asked Idahoans to share with augmented, and nuclear fission is the best not-in-my-backyard interests to con- me how high energy prices are affect- answer for this. While I do not believe that tinue to manipulate Federal law this ing their lives, and they responded by wind or solar have the efficiency to supply way. Too many jobs and economic re- the hundreds. The stories, numbering the amount of electricity needed, research sources are at stake. well over 1,200, are heartbreaking and into improving these technologies should be The bill importantly excludes green- fostered. touching. While energy prices have In the process of implementing these poli- house gases from the definition of pol- dropped in recent weeks, the concerns lutant and prohibits the EPA Adminis- cies, a highly desirable collateral effect expressed remain very relevant. To re- would be to greatly spur American science. trator from granting waivers to enforce spect the efforts of those who took the Federal support for basic and applied re- their own tail pipe emission standards. opportunity to share their thoughts, I search would stabilize the funding base, and Granting these States a waiver will am submitting every e-mail sent to me improve the desirability of the scientific dis- only result in a patchwork of State through an address set up specifically ciplines, which are not in favor with young Americans, because the return on mastery of regulations and compliance will vary for this purpose to the CONGRESSIONAL greatly depending on product demand the fields of math, biology, chemistry and RECORD. This is not an issue that will physics are not currently commensurate in each State. The U.S. auto industry, be easily resolved, but it is one that de- already on life support, faces a $47 bil- with the investment required to learn them. serves immediate and serious atten- To fund this, you will have to figure out how lion burden this year due to increased tion, and Idahoans deserve to be heard. to reign in health care, another item which national fuel economy standards, ac- Their stories not only detail their will require forceful government interven- cording to the National Automobile struggles to meet everyday expenses, tion. Dealers Association. but also have suggestions and rec- While I am encouraged by your interest in Finally, the bill keeps activists from my opinion, I am dismayed by the timing. At ommendations as to what Congress can using the Endangered Species Act from this point, the horse is long out of the barn, do now to tackle this problem and find hindering crucial energy exploration and if you have done anything to address the solutions that last beyond today. I ask and production. Activists’ efforts to situation, it has been invisible to me. Yet, unanimous consent to have today’s let- you still have a good fraction of your term list species and restrict human activi- ters printed in the RECORD. remaining, enough time to start acting in ties based on climate change are back- There being no objection, the mate- the best interest of the United States and door attempts to regulate greenhouse rial was ordered to be printed in the her institutions, and to start de-prioritizing gas emissions under the Endangered those of [individuals] who are only interested RECORD, as follows: Species Act. Directly linking species in their bottom lines. threats to climate change under ESA Thank you for the opportunity to provide Best regards and good luck. opinion on our current problems. I work at GARY. means that any increase in carbon di- the site, and was named the outstanding re- oxide or greenhouse gas emissions any- searcher for 2006. By way of further back- To quickly preface my story, I am a profes- where in the country could be subject ground, I hold a PhD in chemistry, and I sional that nets a salary of roughly $38,000/ to legal challenges due to arguments have heretofore always voted [conservative]. year with a small family. We have made the

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.037 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3071 decision that raising good kids and having a shipping American oil to Asia, why the heck how environments are affected by polluting mother in the home is more important than hasn’t Congress stopped the process? toxins that come from coal plants. This making more money. With my salary and my A response to this situation, and/or a clari- should not be an alternative. Also, corn eth- wife’s very part-time job, in the past we have fication of what is the present status of Alas- anol is not effective, because in order to cre- been able to absorb minor blows such as un- ka oil shipments would be appreciated. ate enough fuel for everyone in our country, expected medical situations, needed vehicle JOE, Boise. we would need to drastically increase the repairs, and other unforeseen bills. With the corn production. Nuclear power, on the other way things are now, such as gas and food I am against increasing domestic produc- hand, I am unsure about, but what I am sure prices, we have had to strategize and make tion of oil in sensitive areas such as the Arc- about is that we are in a decade of change— every dollar count. There is no complaint on tic. It has not been made clear to me that it one that is challenging us. People need to re- my end, although if and when the next unex- would have any other than a minor affect on alize that ‘‘global warming’’ is not a farce pected medical bill happens, it will be dif- prices and supply. and people should not use excuses such as I am adjusting to the high gas prices by ficult. Fortunately we have faith that all ‘‘Well, Idaho had a higher average of snow- driving a fuel efficient vehicle and parking will be okay and that we will always be able fall this year than in the past 5 years.’’ the others and using them only when abso- to pay our bills and enjoy life. There is a reason it is called ‘‘global warm- By no means am I asking for a handout. On lutely necessary. I also am careful in my ing’’ and not ‘‘Idaho warming’’. It has to do the contrary, I wish the elected officials that driving habits such as keeping my speed at with average global temperatures and the act as our government would step out of the or below 60 and avoiding undo acceleration. I changing of these temperatures cause cli- way and allow the hard-working Americans turn my engine off at stop lights when I ex- mate changes, which could be why we saw so pect the wait will be long. I coast down hills do what they do best; use their intellect to much snow this past winter. when it is safe to do so with the engine off solve problems. Please allow the free market Anyways, to get back on track, we need to although this can be a dangerous practice. do what it was designed to do. We firmly be- shift to cleaner ways of generating energy. Here’s what I feel our government includ- We have all heard of harnessing wind, water, lieve that God created this beautiful Earth ing congress could to help the situation: for our ‘‘responsible’’ use. What I mean is 1. Set a national speed of 55 or 60 as was solar, and geothermal energy. These are all that we should use the resources that are done in the 70s. I think that many people do very costly, but run clean. The solutions are available to us (which are in wonderful abun- not understand that higher speeds require not to use more coal or drill for more oil. dance here) while at the same time replenish more gas than lower speeds to go the same Those solutions are just prolonging the prob- what we can for our posterity. We never distance because of air friction. This is not lem, which is our dependency. If we open up bought into this ‘‘Green’’ movement and publicized. It should be. more drilling sites in America then the gas have since discovered that it was all a hoax 2. Stop all speculation in oil trading by may be lowered a little bit, but American oil with horrible intentions. whatever means necessary. For me, the fre- is still finite and will eventually deplete We will survive whatever comes our way. quent (mostly) up and down variations in which will put us in the same situation we My family has the ‘‘American Spirit’’. I wish price at the gas station are more unsettling are in now. The $4 per gallon is a wakeup call that Congress would adopt that same spirit. than the high price. that we need to change the way we are doing DILLON, Meridian. 3. Declare new fuel efficiency standards things and progress; not regress. Hopefully under emergency conditions. Not some silly you will help to make this progression that Thank you for asking those you represent minor improvement by 2020! As has been we so desperately need. what we think and feel about this crisis. The done [in the past]. The auto manufacturers DYLAN, Middleton. cost of oil going up has affected so many demonstrated how rapidly through research more things than just filling up our tank. We and development just how fast they could Thank you for letting me express my frus- are faced with the choice of going to the doc- come up with catalytic converters in the 70s trations. tors, (we have insurance), or get gas or gro- to meet emission standards. Give them cred- This is a very simple problem to solve. ceries!! We have been unable to have children it! They can perform miracles if they are Start drilling and alleviate the problems we on our own, and we decided for me to go back forced to. Force them! are currently seeing at the gas pumps, food to work to save up money for fertility treat- 4. Keep oil prices high but stable. Painful prices, and other high prices that are occur- ments. But now that the gas, food & utility as it is, it seems to me the only way to effect ring with the high prices of fuel. If stream- prices have shot up, we are beginning to the needed changes. I have no longer any lined and the ability of Congress to cut red wonder if we will be able to get to work let confidence in energy leadership by either tape that is currently enacted, we could alone ever achieve our dream. government or industry. Government just start pulling oil out of the ground in 18 I see my siblings trying to raise their chil- does what industry wants and what industry months and not 5 to 10 years. Pulling oil out dren and make ends meet with gas prices the wants is to keep things as they are. Our gov- of the ground will make the prices fall plain way they are. I hear it in the voices of my ernment needs to take a leadership role. For and simple. [Some] will say that more oil co-workers, family, and friends. This is not a long, long time, congress and the adminis- will not cause prices to fall due to the oil right! We elected our politicians to be our tration have failed miserably in that role. It companies, but basic economics 101 will tell representatives, not to go to Washington and is time for a change. you that more supply equals less prices plain do what they want. Listen to the majority 5. Require new cars to have a fuel con- and simple. It is not rocket science, but not the minority. ‘‘For the people by the sumption meter clearly visible to the driver. [some groups have] been more interested in people.’’ We the people are talking. Are you This would encourage efficient driving. When the redistribution of wealth rather than let- all listening???? the driver sees how his miles-per-gallon ting the free market take it is course. First: Drill off shore and in Alaska. Sec- drops to near zero when accelerating up a I hear lies and intentional misstatements ond: Keep working on alternatives like hy- hill—well, he might learn to drive more con- of the truth coming from [some politicians]. drogen, coal to oil, nuclear facilities etc. servatively. When [will truthtellers start] educating] the This country is full of the best and brightest. It seems to me that this is our second public on how much oil we currently have in We ought to show that. warning regarding the consequences of our North America (more than Saudi Arabia), ANNETTE, Meridian. dependence on oil, the first being in the and letting extreme environmentalist enti- early 70s. Perhaps this is our last warning. ties that they bow to run the show on our en- Subject: Final Destination of Alaska Oil DAVID, Viola. ergy policy. is—? I keep hearing from [some] that we cannot American taxpayers paid to have the Alas- I am but a young college student. I cur- drill our way to energy independence. What kan pipeline built to relieve dependence on rently live in Middleton with my family for is their solution then? I have not heard of foreign oil in the 70s. When oil prices started the summer. I will be headed back to Univer- anything that they are coming up with to al- to drop, the oil companies, BP, Exxon, and sity of Idaho this fall for my sophomore leviate the problem. They do not want nu- etc. cried poor-mouth. They were not getting year. The $4 per gallon gas prices are ridicu- clear power plants, they do not want to burn an adequate return on their investment in lous. While living here in the summer, I coal, and drilling offshore and in ANWR the North Slope oil fields. [Congress gave ap- begin to realize how lucky I am to be headed would be horrible for the environment. I proval for the companies] to take American back to Moscow where I can get anywhere in have some news for [those folks]: their oil to Asia for a better price than they could town just by riding a bike or walking. Living French buddies have nuclear power plants get on the West Coast of California or other in Middleton, I need to drive 15 miles to go that are safe and provide clean energy for American markets. Then prices in America to work seeing as there are not very many the people of France. Burning coal or emit- started rising, but the oil (our oil!) was still job opportunities located in my town. Some ting carbon dioxide does not create global being shipped to Asian countries. To my people have to drive even drive further to get warming; it is a natural effect that has oc- knowledge, this is still where a lot of the to their jobs. I have seen my parents strug- curred over and over again throughout the Alaska oil is going. gle with the prices. They always consider history of the Earth. Sport fisherman fish off Question: Is Congress still letting these how much it is going to cost us to drive of oil rigs in the sea, and caribou do not care greedy ruthless oil companies ship des- somewhere if we plan on going on a family about an oil rig, or pipeline laying on the perately needed American oil to Asia for trip. It definitely complicates things. ground either. higher prices? If not, when did it stop and I am currently studying Wildlife Resources It is time [that we had some leadership and where is it being shipped? If they are still at my school and have learned much about challenged the false information] on energy

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.022 S12MRPT1 jbell on PROD1PC69 with SENATE S3072 CONGRESSIONAL RECORD — SENATE March 12, 2009 policy. If not, the [conservative voices will] and to pass legislation which allows us to cratic Party committees and as Alaska have less leadership in Congress, and we will take advantage of our own oil reserves. The Democratic Party treasurer. He ran for have an energy crisis in the greatest county environmentalists have hijacked this whole Mayor of Juneau in 1973. He also ran in the in the world. country by tying the hands of oil companies, primaries for the U.S. House in 1974, and for P.S. Can we get some more oil refineries as who would doubtless do everything possible the U. S. Senate in 1978, 1992, 1996, and in 1998 well? to lessen our dependence on foreign oil by succeeded in becoming the Democratic Party CORY. drilling within our own borders. nominee for U.S. Senate but lost the election DEBORAH. to Republican incumbent Frank Murkowski. First off, thank you for soliciting com- He was a member of Veterans of Foreign f ments from your constituents. War Post 5559; Pioneers of Alaska Juneau Everyone is concerned about, and affected ADDITIONAL STATEMENTS Igloo Number 6; Juneau World Affairs Coun- by energy prices. Gas prices are just the tip cil; Juneau Chapter of AARP; and Paralyzed of the iceberg. Food prices, goods and serv- Veterans of America, and served on the Ju- ices prices, utility bills, natural gas up dou- REMEMBERING JOSEPH neau Commission on the Aging. ble from last year, airline prices, the hous- SONNEMAN As a photographer, he followed the exam- ing/credit crisis and a very weak dollar are ple of Klondike Gold Rush photographer A. all affected by our energy emergency. This is ∑ Mr. BEGICH. Mr. President, I wish to E. Hegg, and documented the construction of not a matter of choice. Either we pursue en- commemorate the life of a very special the Trans-Alaska Pipeline with an 8-by-10- ergy independence or we risk losing the resident of my home State of Alaska, inch view camera. Over his career, he had America our forefathers created and our longtime political activist Joe one-person shows at the San Jose Museum of Art, the University of Oklahoma Museum of brave soldiers have died fighting for. Sonneman. Why are we the only civilized country not Art, the Alaska State Museum, the Chicago aggressively pursuing energy independence? Dr. Sonneman passed away March 8, Museum of Science and Industry and Harper France is over 70% nuclear, the EU has plans 2009, from Lou Gehrig’s disease. He was Hall at Claremont Graduate University. for over 20 coal plants across Europe, Canada 64. After his diagnosis of ALS, he moved to is drilling near our northeastern border, Rus- He made his unique mark on Alaska Washington to be closer to family members. sia recently gave major tax breaks to oil beginning in 1971, when he first visited He lived for two years at the Washington companies to explore inside their borders to research a doctoral dissertation on State Veterans Home near Seattle and was and find alternative energy, Brazil is aggres- also an intermittent patient at the Veterans’ the relationship between oil revenues Administration hospital in Seattle. sively drilling, China is building dozens of and state government. He returned coal plants, nuclear plants and hydroelectric Survivors include his mother, Edith dams, they have also secured a lease (from after graduate school and lived in the Sonneman of Chicago; and sisters Eve Cuba) 50 miles off the shore of Key West, 49th State for most of the rest of his Sonneman of New York, Toby Sonneman of Florida. The US hasn’t built a refinery in life. In true Alaskan fashion he proved Bellingham, Wash., and Milly Sonneman of Sausalito, Calif. over 30 years. There is something wrong with himself to be a jack of many trades. Burial will be at the Sitka National Ceme- this picture. Is everyone else on the wrong Dr. Sonneman—known most often tery with Jewish graveside services at a date energy path? Or could it be we are falling be- around his adopted hometown of Ju- yet to be determined. Arrangements are also hind? I think the answer is obvious. neau only as ‘‘Joe’’—was a photog- pending for a Juneau memorial service. To me the solution is twofold. Short term rapher, postal worker, public policy an- Donations in Dr. Sonneman’s memory may and long term. Short term: Allow private in- be made to the Joe Sonneman Prize In Pho- dustry to aggressively pursue all sources of alyst and taxi driver. He also earned a law degree from Georgetown Univer- tography Endowment c/o David Carpenter, energy within our borders. We are sitting on Claremont Graduate University Advance- billions of barrels of oil, oil shale and coal. sity and was a frequent candidate for ment Office, 165 10th St., Claremont, CA Go get it now! We have nuclear technology, Congress. 91711.∑ coal to oil technology, wind, solar. Long On behalf of his family and his many f term: Offer incentives to private industries friends I ask today that we honor his to create new alternative energy sources. memory. I ask that his obituary, pub- 2009 NATIONAL CHAMPIONS American innovators have proved time and lished March 10, 2009, in the Juneau ∑ time again they are capable of getting the Mr. VITTER. Mr. President, I would job done. Get the government out of their Empire, be printed into the CONGRES- like to recognize the St. Catherine of way and let them lead the world into the SIONAL RECORD. Siena girls’ varsity cheerleaders for next generation of energy production. The information follows: being named the 2009 National Cham- DENNIS. [From the Juneau Empire, Mar. 10, 2009] pions at the National High School (By Joseph Sonneman) Cheerleading Championship held in Or- I am writing concerning your call for Ida- Longtime Juneau political activist Dr. Jo- lando, FL, on February 8. I would like hoans to tell about how oil prices are affect- to take a few moments to congratulate ing us. Fortunately I live very close to work seph Sonneman died early March 8, 2009, at so I do not drive much to commute. I do Providence Regional Medical Center in Ever- them on their tireless efforts to bring however have to transport children to day ett, Wash., after a three-year struggle with their school and our State success. care, school and other activities. Trips are ALS, amyotrophic lateral sclerosis, also The event was held at the Walt Dis- almost out of the question now. known as Lou Gehrig’s disease. He was 64. ney World Resort and is produced by Having looked into the facts I fully sup- He was born in Chicago in 1944, and at- the Universal Cheerleaders Associa- port drilling in ANWR and OCS. I find it dis- tended Chicago public schools. tion. It is the most prestigious event turbing that we are not already doing so After serving in the U.S. Army from 1963 to for cheerleaders. Close to 8,000 of the when I hear that other countries, especially 1966, including service as a radar repairman in Korea, he earned a Bachelor of Science in Nations top cheerleaders from 400 some that are not overly friendly to us, are teams in 33 States were invited to par- permitting to drill off of our coasts. I think economics from the University of Chicago, the U.S. should pursue all avenues of col- and master’s and doctorate degrees from ticipate in the competition, including lecting domestic fuel sources including coal Claremont graduate school. While in the St. Catherine of Siena. shale to oil and nuclear. This country should master’s program in government finance, he The St. Catherine squad is under the pursue nuclear power in large scale, hydro- was an intern at the NASA Johnson Space direction of Sandy Spitale and Debra gen, and other alternatives as well. The fact Center in Houston. He first came to Juneau L’Hoste and includes 22 students from remains, as you know, that we will need pe- in 1971 to conduct research for his doctoral the fifth, sixth, and seventh grades. Its troleum-based fuels for the foreseeable fu- dissertation on the effect of oil income on members are Lauren Artigues, Ashley Alaskan government financial decisions. ture and we should produce some of our own. Barbier, Brooke Caldwell, Caroline I think the ethanol projects are a joke as When he finished graduate school, he re- corn is a food product that has so many turned to Alaska where he worked as a pho- Caldwell, Kaitlyn Coman, Elizabeth other uses. tographer, budget analyst, taxi driver, heavy Cousins, Claire Crumb, Elise BRANDON, Idaho Falls. equipment oiler on the Alaska pipeline, post- Delahoussaye, Rachel Douglass, Tif- al worker, and university instructor. He be- fany Forest, Callie Frey, Thia Le, The most difficult part of paying so much came interested in the law and earned a J.D. Krista Liljeberg, Kelli Murphy, Allie at the pump is feeling that the whole situa- degree from Georgetown School of Law in Nicaud, Tessa Norris, Rachael tion is—at best—the fault of our Washington 1989. He was a member of the Alaska, Hawaii Poissenot, Jessica Pottinger, Sophia politicians who have been influenced by en- and Washington, D.C. Bar Associations and vironmentalists who seem determined to re- conducted a law and legal research practice Serpas, Kelsey Singletary, Kyla turn our lifestyle to the horse and buggy era. in Juneau. Szubinski, and Victoria Varisco. They The most vital step in all you propose is to He was active in politics all his life, and were the only team from Louisiana to start claiming our drilling rights in the gulf served on numerous local and state Demo- take home the title this year.

VerDate Nov 24 2008 01:37 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.025 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3073 In addition to their impressive com- S. 570. A bill to stimulate the economy and By Mrs. SHAHEEN (for herself and Mr. petitive skills, the SCS cheerleading create jobs at no cost to the taxpayers, and GREGG): squad also actively participates in without borrowing money from foreign gov- S. 576. A bill to provide for the liquidation or reliquidation of certain entries of news- community events through the year ernments for which our children and grand- children will be responsible, and for other paper printing presses and components and represents the youth of the Great- purposes. thereof; to the Committee on Finance. er New Orleans Area proudly. They By Mrs. FEINSTEIN (for herself and f have received numerous Leadership Mr. KENNEDY): and Community Service Awards for REPORTS OF COMMITTEES S. 577. A bill to amend title 18, United their involvement in various volunteer States Code, to provide penalties for individ- The following reports of committees uals who engage in schemes to defraud aliens programs. were submitted: Thus, today I congratulate these and for other purposes; to the Committee on young ladies on their accomplishments By Mr. LEAHY, from the Committee on the Judiciary. the Judiciary, with an amendment in the na- By Mr. CRAPO: as a competitive team and also as ture of a substitute: S. 578. A bill for the relief of Tim Lowery young leaders in their community.∑ S. 49. A bill to help Federal prosecutors and Paul Nettleton of Owyhee County, f and investigators combat public corruption Idaho; to the Committee on the Judiciary. by strengthening and clarifying the law. By Mr. BURR (for himself and Mrs. MESSAGES FROM THE PRESIDENT HAGAN): f Messages from the President of the S. 579. A bill to establish a comprehensive United States were communicated to EXECUTIVE REPORTS OF Federal tobacco product regulatory program, the Senate by Mrs. Neiman, one of his COMMITTEES to create a Tobacco Regulatory Agency, to prevent use of tobacco products by youth, secretaries. The following executive reports of and to provide protections for adult tobacco f nominations were submitted: product users through the regulation of the EXECUTIVE MESSAGES REFERRED By Mr. ROCKEFELLER for the Committee tobacco products manufacturing industry; to on Commerce, Science, and Transportation. the Committee on Health, Education, Labor, As in executive session the Presiding *John P. Holdren, of Massachusetts, to be and Pensions. Officer laid before the Senate messages Director of the Office of Science and Tech- By Mr. GREGG (for himself and Mrs. from the President of the United nology Policy. SHAHEEN): States submitting sundry nominations *Jane Lubchenco, of Oregon, to be Under S. 580. A bill to prevent the undermining of which were referred to the appropriate Secretary of Commerce for Oceans and At- the judgments of courts of the United States committees. mosphere. by foreign courts, and for other purposes; to (The nominations received today are Mr. ROCKEFELLER. Mr. President, the Committee on the Judiciary. for the Committee on Commerce, By Mr. BENNET (for himself, Mr. printed at the end of the Senate pro- CASEY, Mr. JOHANNS, and Mr. SAND- ceedings.) Science, and Transportation I report ERS): f favorably the following nomination S. 581. A bill to amend the Richard B. Rus- lists which were printed in the RECORD sell National School Lunch Act and the MESSAGE FROM THE HOUSE on the dates indicated, and ask unani- Child Nutrition Act of 1966 to require the ex- At 2:21 p.m., a message from the mous consent, to save the expense of clusion of combat pay from income for pur- House of Representatives, delivered by reprinting on the Executive Calendar poses of determining eligibility for child nu- Mr. Zapata, one of its reading clerks, that these nominations lie at the Sec- trition programs and the special supple- announced that the House has agreed mental nutrition program for women, in- retary’s desk for the information of fants, and children; to the Committee on Ag- to the following concurrent resolution, Senators. riculture, Nutrition, and Forestry. in which it requests the concurrence of The PRESIDING OFFICER. Without By Mr. SANDERS (for himself and Mr. the Senate: objection, it is so ordered. DURBIN): H. Con. Res. 38. Concurrent resolution au- Coast Guard nominations beginning with S. 582. A bill to amend the Truth in Lend- thorizing the use of the Capitol Grounds for Kent P. Bauer and ending with Mark S. Mac- ing Act to protect consumers from usury, the National Peace Officers’ Memorial Serv- key, which nominations were received by the and for other purposes; to the Committee on ice. Senate and appeared in the Congressional Banking, Housing, and Urban Affairs. H. Con. Res. 64. Concurrent resolution urg- Record on February 25, 2009. By Mr. PRYOR (for himself, Ms. ing the President to designate 2009 as the Coast Guard nominations beginning with SNOWE, Mr. JOHNSON, Mr. ALEXANDER, ‘‘Year of the Military Family’’. Corinna M. Fleischmann and ending with and Mr. DURBIN): f Kelly C. Seals, which nominations were re- S. 583. A bill to provide grants and loan ceived by the Senate and appeared in the guarantees for the development and con- MEASURES REFERRED Congressional Record on February 25, 2009. struction of science parks to promote the The following bill was read the first By Mr. BAUCUS for the Committee on Fi- clustering of innovation through high tech- and the second times by unanimous nance. nology activities; to the Committee on Com- merce, Science, and Transportation. consent, and referred as indicated: *Ronald Kirk, of Texas, to be United States Trade Representative, with the rank By Mr. HARKIN (for himself and Mr. H.R. 80. An act to amend the Lacey Act CARPER): Amendments of 1981 to treat nonhuman pri- of Ambassador Extraordinary and Pleni- potentiary. S. 584. A bill to ensure that all users of the mates as prohibited wildlife species under transportation system, including pedes- that Act, to make corrections in the provi- By Mrs. FEINSTEIN for the Select Com- mittee on Intelligence. trians, bicyclists, transit users, children, sions relating to captive wildlife offenses older individuals, and individuals with dis- under that Act, and for other purposes; to *David S. Kris, of Maryland, to be an As- sistant Attorney General. abilities, are able to travel safely and con- the Committee on Environment and Public veniently on and across federally funded Works. *Nomination was reported with rec- streets and highways; to the Committee on The following concurrent resolutions ommendation that it be confirmed sub- Environment and Public Works. were read, and referred as indicated: ject to the nominee’s commitment to By Mr. AKAKA (for himself, Mr. BINGA- H. Con. Res. 38. Concurrent resolution au- respond to requests to appear and tes- MAN, and Mr. DURBIN): S. 585. A bill to provide additional protec- thorizing the use of the Capitol Grounds for tify before any duly constituted com- tions for recipients of the earned income tax the National Peace Officers’ Memorial Serv- mittee of the Senate. credit; to the Committee on Finance. ice; to the Committee on Rules and Adminis- (Nominations without an asterisk By Mrs. MURRAY: tration. were reported with the recommenda- S. 586. A bill to direct the Secretary of H. Con. Res. 64. Concurrent resolution urg- tion that they be confirmed.) ing the President to designate 2009 as the Health and Human Services to implement a ‘‘Year of the Military Family’’; to the Com- f National Neurotechnology Initiative, and for mittee on the Judiciary. other purposes; to the Committee on Health, INTRODUCTION OF BILLS AND Education, Labor, and Pensions. f JOINT RESOLUTIONS By Mr. LUGAR: S. 587. A bill to establish a Western Hemi- MEASURES PLACED ON THE The following bills and joint resolu- CALENDAR sphere Energy Cooperation Forum to estab- tions were introduced, read the first lish partnerships with interested countries The following bill was read the sec- and second times by unanimous con- in the hemisphere to promote energy secu- ond time, and placed on the calendar: sent, and referred as indicated: rity through the accelerated development of

VerDate Nov 24 2008 01:37 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.024 S12MRPT1 jbell on PROD1PC69 with SENATE S3074 CONGRESSIONAL RECORD — SENATE March 12, 2009 sustainable biofuels production and energy S. 211 (Mrs. BOXER) was added as a cosponsor alternatives, research, and infrastructure, At the request of Mrs. MURRAY, the of S. 482, a bill to require Senate can- and for other purposes; to the Committee on name of the Senator from Georgia (Mr. didates to file designations, state- Foreign Relations. CHAMBLISS) was added as a cosponsor of ments, and reports in electronic form. By Mr. KERRY: S. 588. A bill to amend title 46, United S. 211, a bill to facilitate nationwide S. 484 availability of 2-1-1 telephone service States Code, to establish requirements to en- At the request of Mrs. FEINSTEIN, the for information and referral on human sure the security and safety of passengers name of the Senator from Hawaii (Mr. and crew on cruise vessels, and for other pur- services and volunteer services, and for AKAKA) was added as a cosponsor of S. poses; to the Committee on Commerce, other purposes. 484, a bill to amend title II of the So- Science, and Transportation. S. 262 By Mr. FEINGOLD (for himself, Mr. cial Security Act to repeal the Govern- At the request of Mr. CASEY, the ment pension offset and windfall elimi- VOINOVICH, Mr. WHITEHOUSE, Mr. name of the Senator from Montana COCHRAN, and Mr. CARDIN): nation provisions. (Mr. TESTER) was added as a cosponsor S. 589. A bill to establish a Global Service S. 535 Fellowship Program and to authorize Volun- of S. 262, a bill to improve and enhance teers for Prosperity, and for other purposes; the operations of the reserve compo- At the request of Mr. NELSON of Flor- to the Committee on Foreign Relations. nents of the Armed Forces, to improve ida, the names of the Senator from By Ms. SNOWE (for herself and Mr. mobilization and demobilization proc- Louisiana (Ms. LANDRIEU), the Senator PRYOR): esses for members of the reserve com- from Illinois (Mr. DURBIN) and the Sen- S. 590. A bill to assist local communities ponents of the Armed Forces, and for ator from New Jersey (Mr. LAUTEN- with closed and active military bases, and other purposes. BERG) were added as cosponsors of S. for other purposes; to the Committee on 535, a bill to amend title 10, United Armed Services. S. 277 By Mr. REID (for himself and Mr. EN- At the request of Mr. BROWN, his States Code, to repeal requirement for SIGN): name was added as a cosponsor of S. reduction of survivor annuities under S. 591. A bill to establish a National Com- 277, a bill to amend the National and the Survivor Benefit Plan by veterans’ mission on High-Level Radioactive Waste Community Service Act of 1990 to ex- dependency and indemnity compensa- and Spent Nuclear Fuel, and for other pur- pand and improve opportunities for tion, and for other purposes. poses; to the Committee on Environment and service, and for other purposes. S. 541 Public Works. By Ms. CANTWELL (for herself, Mr. S. 310 At the request of Mr. DODD, the name MCCAIN, Mr. LEAHY, Mr. DURBIN, Mr. At the request of Mrs. BOXER, the of the Senator from New York (Mr. FEINGOLD, and Mr. SCHUMER): name of the Senator from Vermont SCHUMER) was added as a cosponsor of S. 592. A bill to implement the rec- (Mr. SANDERS) was added as a cospon- S. 541, a bill to increase the borrowing ommendations of the Federal Communica- sor of S. 310, a bill to amend the Public authority of the Federal Deposit Insur- tions Commission report to the Congress re- Health Service Act to ensure that safe- ance Corporation, and for other pur- garding low-power FM service; to the Com- ty net family planning centers are eli- mittee on Commerce, Science, and Transpor- poses. gible for assistance under the drug dis- tation. S. 546 count program. By Mrs. FEINSTEIN (for herself and At the request of Mr. REID, the S. 379 Mr. SCHUMER): names of the Senator from North Da- S. 593. A bill to ban the use of bisphenol A At the request of Mr. LEAHY, the kota (Mr. DORGAN), the Senator from in food containers, and for other purposes; to name of the Senator from New York Maryland (Mr. CARDIN) and the Senator the Committee on Health, Education, Labor, (Mr. SCHUMER) was added as a cospon- from Maryland (Ms. MIKULSKI) were and Pensions. sor of S. 379, a bill to provide fair com- added as cosponsors of S. 546, a bill to By Mr. CASEY (for himself and Ms. pensation to artists for use of their STABENOW): amend title 10, United States Code, to sound recordings. S. 594. A bill to require a report on invasive permit certain retired members of the agricultural pests and diseases and sanitary S. 416 uniformed services who have a service- and phytosanitary barriers to trade before At the request of Mrs. FEINSTEIN, the connected disability to receive both initiating negotiations to enter into a free name of the Senator from Iowa (Mr. disability compensation from the De- trade agreement, and for other purposes; to HARKIN) was added as a cosponsor of S. the Committee on Finance. partment of Veterans Affairs for their 416, a bill to limit the use of cluster disability and either retired pay by f munitions. reason of their years of military serv- SUBMISSION OF CONCURRENT AND S. 428 ice of Combat-Related Special Com- SENATE RESOLUTIONS At the request of Mr. DORGAN, the pensation. names of the Senator from Vermont The following concurrent resolutions At the request of Mr. SCHUMER, his (Mr. SANDERS) and the Senator from and Senate resolutions were read, and name was added as a cosponsor of S. Rhode Island (Mr. REED) were added as referred (or acted upon), as indicated: 546, supra. cosponsors of S. 428, a bill to allow By Mr. LUGAR: travel between the United States and S. 561 S. Res. 74. A resolution expressing the Cuba. At the request of Mr. THUNE, his sense of the Senate on the importance of name was added as a cosponsor of S. strengthening bilateral relations in general, S. 473 and investment relations specifically, be- At the request of Mr. DURBIN, the 561, a bill to authorize a supplemental tween the United States and Brazil; to the name of the Senator from New Jersey funding source for catastrophic emer- Committee on Foreign Relations. (Mr. MENENDEZ) was added as a cospon- gency wildland fire suppression activi- By Mr. SPECTER (for himself and Mr. sor of S. 473, a bill to establish the Sen- ties on Department of the Interior and CASEY): ator Paul Simon Study Abroad Foun- National Forest System lands, to re- S. Res. 75. A resolution commemorating dation. quire the Secretary of the Interior and the 150th anniversary of the founding of the S. 475 the Secretary of Agriculture to develop Philadelphia Zoo: America’s First Zoo; con- a cohesive wildland fire management sidered and agreed to. At the request of Mr. BURR, the strategy, and for other purposes. f names of the Senator from Georgia (Mr. CHAMBLISS) and the Senator from S. 564 ADDITIONAL COSPONSORS Florida (Mr. MARTINEZ) were added as At the request of Mr. FEINGOLD, the S. 49 cosponsors of S. 475, a bill to amend the name of the Senator from Hawaii (Mr. At the request of Mr. LEAHY, the Servicemembers Civil Relief Act to INOUYE) was added as a cosponsor of S. name of the Senator from Delaware guarantee the equity of spouses of mili- 564, a bill to establish commissions to (Mr. KAUFMAN) was added as a cospon- tary personnel with regard to matters review the facts and circumstances sur- sor of S. 49, a bill to help Federal pros- of residency, and for other purposes. rounding injustices suffered by Euro- ecutors and investigators combat pub- S. 482 pean Americans, European Latin lic corruption by strengthening and At the request of Mr. FEINGOLD, the Americans, and Jewish refugees during clarifying the law. name of the Senator from California World War II.

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.050 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3075 S. 567 represent that an individual is an at- While Raul thought he was going to re- At the request of Mr. CRAPO, the torney or accredited representative in ceive a green card, he was instead name of the Senator from South Da- any matter arising under Federal im- placed into removal proceedings. kota (Mr. THUNE) was added as a co- migration law. From California to New York, there sponsor of S. 567, a bill to repeal the Violations of these crimes would re- are hundreds of stories like these. sunset on the reduction of capital gains sult in a fine, imprisonment of not Many immigrants are preyed on be- rates for individuals and on the tax- more than 5 years, or both. cause of their fears—others on their ation of dividends of individuals at cap- The bill would also authorize the At- hope of realizing the American dream. ital gains rates. torney General and the Secretary of They are charged exorbitant fees for S. 570 Homeland Security to use task forces the filing of frivolous paperwork that clog our immigration courts and keep At the request of Mr. VITTER, the currently in existence to detect and in- name of the Senator from Mississippi vestigate individuals who are in viola- families and businesses waiting in limbo for years. (Mr. COCHRAN) was added as a cospon- tion of the immigration fraud crimes Law enforcement officials say that sor of S. 570, a bill to stimulate the as created by the bill. many fraudulent ‘‘immigration special- economy and create jobs at no cost to The act would also work to prevent ists’’ close their businesses or move on the taxpayers, and without borrowing immigration fraud by requiring that Immigration Judges issue warnings to another part of the state or country money from foreign governments for before they can be held accountable. which our children and grandchildren about unauthorized practice of immi- gration law to immigrants in removal They can make $100,000 to $200,000 a will be responsible, and for other pur- year and the few who have been caught poses. proceedings, similar to the current law that requires notification of pro bono rarely serve more than a few months in S. 571 legal services to these immigrants; re- jail. Often victims of such crimes are At the request of Mr. MENENDEZ, the quiring the Attorney General to pro- deported, sending them back to their name of the Senator from Vermont vide outreach to the immigrant com- home countries without accountability (Mr. SANDERS) was added as a cospon- munity to help prevent fraud; pro- for the perpetrator of the fraud. sor of S. 571, a bill to strengthen the viding that any materials used to carry Most recently, hundreds of immi- Nation’s research efforts to identify out notification on immigration law grants were exploited by Victor M. the causes and cure of psoriasis and fraud is done in the appropriate lan- Espinal, who was arrested for allegedly psoriatic arthritis, expand psoriasis guage for that community; and requir- posing as an immigration attorney. and psoriatic arthritis data collection, ing the distribution of the disciplinary Nearly 125 of Mr. Espinal’s clients at- and study access to and quality of care list of individuals not authorized to ap- tended the New York City Bar Associa- for people with psoriasis and psoriatic pear before the immigration courts and tion’s free clinic to address their legal arthritis, and for other purposes. the Board of Immigration Appeals, and immigration options. According to S. RES. 66 BIA, currently maintained by the Ex- prosecutors, Mr. Espinal falsely At the request of Mr. BOND, the ecutive Office of Immigration Review, claimed on his business cards that he names of the Senator from New York EOIR. was licensed and admitted to the Cali- (Mr. SCHUMER), the Senator from Texas Unfortunately, the need for Federal fornia bar as well as the bar in the Do- (Mrs. HUTCHISON) and the Senator from action to prevent and prosecute immi- minican Republic. Organizations such as the Los Ange- Georgia (Mr. CHAMBLISS) were added as gration fraud has escalated in recent les Country Bar Association, National cosponsors of S. Res. 66, a resolution years as citizens and non-citizens at- Immigration Forum, American Immi- designating 2009 as the ‘‘Year of the tempt to navigate the immigration gration Lawyers Association, and Noncommissioned Officer Corps of the legal system. Thus far, only States American Bar Association have been United States Army’’. have sought to regulate the unauthor- documenting this exploitation for f ized practice of immigration law. Since immigration law is a federal many years. Today, I ask my col- STATEMENTS ON INTRODUCED matter, I believe the solution to such leagues to join me and Senator KEN- BILLS AND JOINT RESOLUTIONS misrepresentation and fraud should be NEDY in putting an end to it. Mr. President, I ask unanimous con- By Mrs. FEINSTEIN (for herself addressed by Congress. sent that the text of the bill be printed and Mr. KENNEDY): By enacting this bill, Congress would in the RECORD. S. 577. A bill to amend title 18, help prevent more victims like Vincent There being no objection, the text of United States Code, to provide pen- Smith, a Mexican national who has re- the bill was ordered to be placed in the alties for individuals who engage in sided in California since 1975. His wife RECORD, as follows: schemes to defraud aliens and for other is an American citizen, and they live S. 577 purposes; to the Committee on the Ju- with their 6 U.S. citizen children in diciary. Be it enacted by the Senate and House of Rep- Palmdale, CA. resentatives of the United States of America in Mrs. FEINSTEIN. Mr. President, I Mr. Smith would likely have received Congress assembled, rise today to introduce the Immigra- a green card at least two different SECTION 1. SHORT TITLE. tion Fraud Prevention Act of 2009, on times during his stay in California. This Act may be cited as the ‘‘Immigration behalf of myself and Senator KENNEDY, However, in attempting to get legal Fraud Prevention Act of 2009’’. to prevent the exploitation of people, counsel, Mr. Smith hired someone SEC. 2. SCHEMES TO DEFRAUD ALIENS. citizens, and non-citizens alike, who whom he thought was an attorney, but (a) AMENDMENTS TO TITLE 18.— are preyed on when seeking immigra- was not. As a result, Mr. Smith was (1) IN GENERAL.—Chapter 47 of title 18, tion assistance. charged more than $10,000 for proc- United States Code, is amended by adding at The Immigration Fraud Prevention essing his immigration paperwork, the end the following new section: Act would prevent and punish fraud which was never filed. Mr. Smith now ‘‘§ 1041. Schemes to defraud aliens and misrepresentation in the context has no legal status and faces removal ‘‘(a) IN GENERAL.—Any person who will- of immigration proceedings. The act fully and knowingly executes a scheme or ar- proceedings. tifice, in connection with any matter that is would create a new Federal crime to Another victim of immigration fraud authorized by or arises under Federal immi- penalize those who engage in schemes is Raul, a Mexican national, who came gration laws or any matter the offender will- to defraud aliens in connection with to the United States in 2000. He also fully and knowingly claims or represents is Federal immigration laws. married a U.S. citizen, Loraina, mak- authorized by or arises under Federal immi- Specifically, the act would make it a ing him eligible to apply for a green gration laws, to— Federal crime to wilfully and know- card. Raul and his wife went to Jose for ‘‘(1) defraud any person; or ingly defraud or obtain or receive legal help. Jose’s business card said he ‘‘(2) obtain or receive money or anything money or anything else of value from had a ‘‘law office’’ and that he was an else of value from any person by means of false or fraudulent pretenses, representa- any person by false or fraudulent pre- ‘‘immigration specialist.’’ But Jose was tions, promises, tences, representations, or promises; not a specialist and charged Raul $4,000 shall be fined under this title, imprisoned and to wilfully, knowingly, and falsely to file a frivolous asylum petition. not more than 5 years, or both.

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.039 S12MRPT1 jbell on PROD1PC69 with SENATE S3076 CONGRESSIONAL RECORD — SENATE March 12, 2009 ‘‘(b) MISREPRESENTATION.—Any person who (A) at appropriate offices that provide upcoming reauthorization of the child willfully, knowingly, and falsely represents services or information to aliens; and nutrition programs, and I will urge my that such person is an attorney or an accred- (B) through Internet websites that are— colleagues on the Committee and in ited representative (as that term is defined (i) maintained by the Attorney General or the Senate to include the Military in section 1292.1 of title 8, Code of Federal the Secretary; and Regulations or any successor regulation to (ii) intended to provide information re- Family Nutrition Protection Act as such section) in any matter arising under garding immigration matters to aliens. part of that reauthorization. Federal immigration laws shall be fined (4) FOREIGN LANGUAGE MATERIALS.—Any under this title, imprisoned not more than 5 educational materials used to carry out the By Mr. SANDERS (for himself years, or both.’’. program authorized under paragraph (1) shall and Mr. DURBIN): (2) CLERICAL AMENDMENT.—The table of be made available to immigrant commu- S. 582. A bill to amend the Truth in sections for chapter 47 of title 18, United nities in appropriate languages, including Lending Act to protect consumers from States Code, is amended by adding after the English and Spanish. usury, and for other purposes; to the item related to section 1040 the following: Committee on Banking, Housing, and ‘‘1041. Schemes to defraud aliens.’’. By Mr. BENNET (for himself, Mr. (b) INVESTIGATION OF SCHEMES TO DEFRAUD Urban affairs. CASEY, Mr. JOHANNS, and Mr. ALIENS.—The Attorney General and the Sec- Mr. SANDERS. Mr. President, as I retary of Homeland Security shall use the SANDERS): think all Americans understand, there S. 581. A bill to amend the Richard B. Executive Office of Immigration Review to is a new sense of outrage today at what Russell National School Lunch Act and detect and investigate individuals who are in Wall Street has done through their violation of section 1041 of title 18, United the Child Nutrition Act of 1966 to re- States Code, as added by subsection (a)(1). quire the exclusion of combat pay from greed, their recklessness and, perhaps, SEC. 3. NOTICE AND OUTREACH. income for purposes of determining eli- illegal behavior, in plunging this Na- (a) NOTICE TO ALIENS IN IMMIGRATION PRO- gibility for child nutrition programs tion and, in fact, the world into a deep CEEDINGS.— and the special supplemental nutrition recession, which has caused the loss of (1) IN GENERAL.—Subparagraph (E) of sec- millions and millions of jobs, had an tion 239(a)(1) of the Immigration and Nation- program for women, infants, and chil- dren; to the Committee on Agriculture. extraordinarily negative impact on so ality Act (8 U.S.C. 1229(a)(1)) is amended to many people’s lives in terms of their read as follows: Nutrition, and Forestry. ‘‘(E)(i) The alien may be represented by Mr. JOHANNS. Mr. President, I rise savings and their ability to send their counsel and the alien will be provided— today to offer my support for the Mili- kids to college, and in terms of the loss ‘‘(I) a period of time to secure counsel tary Family Nutrition Protection Act, of their homes. That is what Wall under subsection (b)(1); and which we introduced today to protect Street has done. ‘‘(II) a current list of counsel prepared the eligibility of military families for In my view, as I have said time and under subsection (b)(2). nutrition assistance programs. This time before, we must have a deep inves- ‘‘(ii) A description of who may represent tigation to understand what this crisis the alien in the proceedings, including a no- bill will do a great service to the fami- lies of our men and women serving in was, who are the people responsible for tice that immigration consultants, visa con- all of this damage, and we must hold sultants, and other unauthorized individuals uniform in combat zones overseas. may not provide that representation.’’. When a soldier is deployed to a com- them accountable. In fact, it will be a (2) LIST OF DISCIPLINED PRACTITIONERS.— bat zone such as Iraq or Afghanistan, test of the criminal justice system of Subsection (b) of section 239 of the Immigra- he or she receives a temporary increase this country if, in fact, we have the tion and Nationality Act (8 U.S.C. 1229) is in pay called ‘‘combat pay.’’ Too often, courage to say to these millionaires amended— combat pay increases the soldier’s sal- and billionaires: You know what, the (A) by redesignating paragraph (3) as para- ary to a level that makes his family in- law applies to you too, and you cannot graph (6); and eligible for essential nutrition assist- act illegally and cause so much damage (B) by inserting after paragraph (2) the fol- to our country and the world. lowing new paragraphs: ance programs like the School Lunch ‘‘(3) LIST OF DISCIPLINED PRACTITIONERS.— and School Breakfast programs; the One of the many senses of anger and The Attorney General shall provide for lists Special Supplemental Nutrition Pro- frustration that we hear from the (updated no less often than quarterly) of per- gram for Women, Infants, and Children; American people, one of them that I sons who are prohibited for providing rep- and other programs. The family can no hear about very often from resentation in immigration proceedings. longer receive government assistance Vermonters, as well as people all over ‘‘(4) FOREIGN LANGUAGE MATERIALS.—The for food, despite the fact that the sol- this country, is that at a time when we materials required to be provided to an alien dier’s increase in pay is only tem- are providing hundreds of billions of under this subsection shall be provided in ap- dollars to bail out Wall Street, at a propriate languages, including English and porary. Spanish. Our bill will remove this burden from time when large banks are borrowing ‘‘(5) ORAL NOTIFICATION.—At the earliest our military families and stop pun- money from the Fed at a zero interest possible opportunity, an immigration judge ishing them for the sacrifices their rate, the response of Wall Street has shall orally advise an alien in a removal pro- loved ones make overseas. The bill been to say: Thank you very much for ceeding of the information described in para- stipulates that combat zone pay be ex- all of that, and now we are going to graphs (2) and (3).’’. cluded from consideration when deter- charge you 15, 20, 25, 30 percent interest (b) OUTREACH TO IMMIGRANT COMMU- mining a family’s eligibility for all rates on your credit cards. NITIES.— It seems to me that when the middle (1) AUTHORITY TO CONDUCT.—The Attorney child nutrition programs. That way, General, through the Director of the Execu- when a soldier deploys to a combat class is shrinking, when people are los- tive Office for Immigration Review, and the zone, his or her family can continue to ing their savings, when people are los- Secretary of Homeland Security shall carry receive the nutrition assistance it ing their jobs, it is an absolute outrage out a program to educate aliens regarding needs, and our soldiers have one less that Wall Street, which is being bailed who may provide legal services and represen- thing to worry about in the combat out by the taxpayers of this country, is tation to aliens in immigration proceedings zone. now charging exorbitant and usurious through cost-effective outreach to immi- As Secretary of Agriculture, I pro- interest rates for the American people. grant communities. posed a similar combat pay exemption What we are seeing now all over this (2) PURPOSE.—The purpose of the program authorized under paragraph (1) is to prevent for Food Stamp eligibility, a proposal country is millions of people who are aliens from being subjected to fraud by im- that was included in the final version suddenly receiving notices from these migration consultants, visa consultants, and of the Farm Bill passed by Congress banks that say, oh, by the way, we are other individuals who are not authorized to last year. The Military Family Nutri- going to double or triple your interest provide legal services or representation to tion Protection Act is the logical next rate. That is wrong and that has to aliens. step to ensuring our military families end. (3) AVAILABILITY.—The Attorney General get the assistance they need while I am not going to quote from the and the Secretary of Homeland Security Bible, but trust me, it goes back to the shall make information regarding fraud by their loved ones are away at war. immigration consultants, visa consultants, As a member of the Senate Agri- Bible, where there are very clear ref- and other individuals who are not authorized culture Committee, I am proud to co- erences to the immorality of usury. In to provide legal services or representation to sponsor this important piece of legisla- fact, what we have to understand is aliens available— tion. I look forward to working on the that what Wall Street and these credit

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.042 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3077 card companies today are doing is not Street, especially when they are bail- Act legislation authorizing $43 billion anything different than what gangsters ing out these large financial institu- of new funding over the next three fis- and loan shark artists do who break tions. cal years that will boost Federal in- people’s kneecaps when they don’t pay Credit card use today is no longer vestment in math and science edu- back, only these gangsters have three- just for luxuries. All over this country, cation programs. The bill we are intro- piece suits and have millions of dollars. people are buying their groceries with ducing today would help to ensure that But at the same time they are destroy- credit cards, and they are buying other this workforce is provided with ave- ing people’s lives by charging 25, 30 per- basic necessities with credit cards be- nues in which to operate, building on cent interest rates. cause they have no other alternative. the efforts of the America Competes Today, I will be introducing legisla- Young people are paying some of their Act by increasing research funding and tion that will require any lender in this college expenses with credit cards. education for our innovative work- country to immediately cap all inter- Given that reality, given the fact that force. est rates on consumer loans at 15 per- the middle class is hurting, it seems to In my home State of Maine, we sim- cent, including credit cards. me that if we are going to respond to ply do not have the population density How do we select 15 percent as the the needs of the American people, we in any given area to support tradi- appropriate number to deal with the need to deal with the usury that is tional science parks. However, Maine is usury which is going on in this coun- going on in this country. We need to a national leader in providing business try? The reason we selected that num- cap interest rates. ‘‘incubation’’ services. Incubators are ber is because 15 percent is the same I look forward very much to my col- critical to the success of new compa- interest rate cap Congress imposed on leagues supporting this legislation. nies. To help startup entrepreneurs in credit union loans almost 30 years ago Maine, incubation centers around the By Mr. PRYOR (for himself, Ms. when it amended the Federal Credit State provide business support tailored SNOWE, Mr. JOHNSON, Mr. ALEX- Union Act. to companies in their region. The ben- ANDER, and Mr. DURBIN): efit of business incubators in Maine has Many people do not know this, but, S. 583. A bill to provide grants and in fact, right now credit unions, with loan guarantees for the development been nothing short of monumental, certain exceptions, have to charge in- and construction of science parks to with 87 percent of all businesses that terest rates of 15 percent or lower. I do promote the clustering of innovation graduate from incubators remaining in not see the credit unions of this coun- through high technology activities; to business, surviving, and creating new try coming to Congress for hundreds of the Committee on Commerce, Science, jobs. The seven technology centers lo- billions of dollars in bailouts. In fact, and Transportation. cated throughout Maine play a pivotal they are doing quite well. They are re- Ms. SNOWE. Mr. President, I rise role in promoting technology-led eco- sponding to the credit needs of their today to introduce, with my colleague, nomic development by advancing their small businesses in their communities Senator PRYOR, the Building a Strong- own regional competitive advantages. and to individuals. They are doing well. er America Act. This bipartisan legis- Under the Building a Stronger America They have survived and have thrived lation is a vital step toward recog- Act, both science parks and business with this regulation. nizing the value of ‘‘science parks’’— incubators will be eligible for its vital Right now, the National Credit Union which are concentrated high-tech, assistance. Administration imposes a 15-percent science, and research-related busi- Residency in science parks provides cap, except under certain cir- nesses—in strengthening America’s businesses with numerous advantages, cumstances where the interest rate can global competitiveness. Through the including access to a range of manage- go as high as 18 percent. The legisla- development of new innovative tech- ment, marketing, and financial serv- tion I will be introducing today also nologies, competing and complemen- ices. At its heart, a science park pro- would allow banks to charge higher in- tary companies working within close vides an organized link to local re- terest rates if the Federal Reserve de- quarters are able to build upon each search centers or universities, pro- termines that is a necessity to main- other’s ideas when entering the na- viding resident companies with the tain the safety and the soundness of tional and global marketplace. Unlike constant access to the expertise, lenders. well known industrial parks, science knowledge, and technology they need Essentially all we are saying today is parks focus primarily on innovation to grow. These innovation centers are we have to end the outrage by which and product advancement. These parks specifically geared toward the needs of Wall Street and large credit card com- are a vital part of the Nation’s econ- new and small companies, providing a panies are ripping off the American omy, creating 2.57 jobs for each core controlled environment for the incuba- people, and the solution we are pro- job in a science park. tion of firms and the achievement of posing is to simply emulate what the As ranking member of the Senate high growth. Federal Credit Union Act does for the Committee on Small Business and En- It is also vital to point out that the credit unions all over this country. trepreneurship and a senior member of jobs science parks reflect the needs of a I am very proud Senator DICK DURBIN the Senate Commerce Committee, I high-tech, innovative, and global mar- is an original cosponsor of this legisla- adamantly encourage increased invest- ketplace. Science parks have helped tion. I hope many of my colleagues will ment in new and existing science, re- lead the technological revolution and join him in sponsoring this bill. search, and technology parks through- have created more than 300,000 high- Interestingly enough, the proposal out the United States as it is vital in paying science and technology jobs, we are introducing today is very simi- the creation of new jobs. Our legisla- along with another 450,000 indirect lar to one former Senator Al D’Amato tion would allow the Secretary of Com- jobs, for a total of 750,000 jobs in North advocated for in 1991 when he offered merce to guarantee up to 80 percent of America. an amendment to cap credit card inter- loans exceeding $10 million for the con- Our Nation’s capacity to innovate is est rates. The D’Amato amendment struction of science parks. Addition- a key reason why our economy con- would have capped all credit card in- ally, the bill would provide grants for tinues to grow and remains the envy of terest rates at 14 percent. I should the development of feasibility studies the world. Through America’s invest- mention that amendment was adopted and plans for the construction or ex- ments in science and technology, we by the Senate with a vote of 74 to 19. If pansion of science parks. This bipar- continually change our country for the the Senate voted overwhelmingly in tisan measure would drive innovation better. Ideas by innovative Americans favor of that amendment back in 1991, and regional entrepreneurship by ena- in the private and public sector have I hope we will have at least or more bling science parks to renovate or paid enormous dividends, improving support for my bill today because the build, while also encouraging rural and the lives of millions throughout the problem today actually is far more se- urban States to undertake studies on world. We must continue to encourage vere. developing their own successful clus- all avenues for advancing this vital This is legislation the American peo- ters. sector if America is to compete at the ple want. The American people are sick On August 9, 2007, the President forefront of innovation, and I urge my and tired of being ripped off by Wall signed into law, the America Competes colleagues to support this legislation.

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.021 S12MRPT1 jbell on PROD1PC69 with SENATE S3078 CONGRESSIONAL RECORD — SENATE March 12, 2009 By Mr. AKAKA (for himself, Mr. fits. Other federal benefits, such as So- SEC. 2. PREVENTION OF DIVERSION OF EARNED INCOME TAX CREDIT BENEFITS. BINGAMAN and Mr. DURBIN): cial Security, have similar restrictions S. 585. A bill to provide additional (a) IN GENERAL.—Section 32 of the Internal to ensure that the beneficiaries receive Revenue Code of 1986 (relating to earned in- protections for recipients of the earned the intended benefit. come tax credit) is amended by adding at the income tax credit; to the Committee My bill also limits several of the ob- end the following new subsection: on Finance. jectionable practices of RAL providers. ‘‘(n) PREVENTION OF DIVERSION OF CREDIT Mr. AKAKA. Mr. President, today I It will prohibit lenders from using tax BENEFITS.—The right of any individual to am introducing the Taxpayer Abuse refunds to collect outstanding obliga- any future payment of the credit under this Prevention Act. Refund anticipation tions for previous RALs. In addition, section shall not be transferable or assign- loans, RALs, are short term loans fa- mandatory arbitration clauses for able, at law or in equity, and such right or RALs that utilize federal tax refunds any moneys paid or payable under this sec- cilitated by tax preparers and secured tion shall not be subject to any execution, by a taxpayer’s expected tax refund would be prohibited to ensure that con- levy, attachment, garnishment, offset, or which typically carry a three or four sumers have the ability to take future other legal process except for any out- digit interest rate. These predatory legal action if necessary. standing Federal obligation. Any waiver of RALs prey on low-income taxpayers, Too many working families are sus- the protections of this subsection shall be diminishing their earned tax credits. ceptible to predatory lending because deemed null, void, and of no effect.’’. Earned Income Tax Credit, EITC, they are left out of the financial main- (b) EFFECTIVE DATE.—The amendment stream. Between 25 and 56 million made by this section shall take effect on the benefits are intended to help working date of the enactment of this Act. families meet their food, clothing, adults are unbanked, or not using mainstream, insured financial institu- SEC. 3. PROHIBITION ON DEBT COLLECTION OFF- housing, transportation, and education SET. needs. According to the Internal Rev- tions. The unbanked rely on alter- (a) IN GENERAL.—No person shall, directly enue Service, IRS, in 2007 EITC filers native financial service providers to or indirectly, individually or in conjunction made up 63 percent of all RAL con- obtain cash from checks, pay bills, or in cooperation with another person, en- sumers despite being only 17 percent of send remittances, utilize payday loans, gage in the collection of an outstanding or delinquent debt for any creditor or assignee the taxpayer population. The National and obtain credit. Many of the unbanked are low- and moderate-in- by means of soliciting the execution of, proc- Consumer Law Center estimates $567 come families that can ill afford to essing, receiving, or accepting an application million was drained out of the EITC have their earnings unnecessarily di- or agreement for a refund anticipation loan program in 2007 by RAL loan and add- or refund anticipation check that contains a minished by reliance on high-cost and on fees. Working families cannot afford provision permitting the creditor to repay, often predatory financial services. In by offset or other means, an outstanding or to lose a significant portion of their addition, the unbanked are unable to EITC funds by expensive, short-term delinquent debt for that creditor from the save in preparation for the loss of a proceeds of the debtor’s Federal tax refund. RALs. job, a family illness, a down payment (b) REFUND ANTICIPATION LOAN.—For pur- The high interest rates and fees on a first home, or education expenses. poses of subsection (a), the term ‘‘refund an- charged on RALs are not justified be- To address this problem, my bill also ticipation loan’’ means a loan of money or of cause these loans are outstanding for expands access to mainstream finan- any other thing of value to a taxpayer be- only a short length of time and present cial services. Electronic Transfer Ac- cause of the taxpayer’s anticipated receipt of minimal risk to lenders because of the counts, ETAs, are low-cost accounts at a Federal tax refund. Debt Indicator, DI, program. The DI (c) EFFECTIVE DATE.—This section shall banks and credit unions intended for take effect on the date of the enactment of program is a service provided by the recipients of certain Federal benefit this Act. IRS that informs the lender whether or payments, such as Social Security pay- SEC. 4. PROHIBITION OF MANDATORY ARBITRA- not an applicant owes Federal or State ments. My bill expands the eligibility TION. taxes, child support, student loans, or for ETAs to include EITC benefits. (a) IN GENERAL.—Any person that provides other government obligations, which These accounts will allow taxpayers to a loan to a taxpayer that is linked to or in assists tax preparers in ascertaining receive direct deposit refunds into an anticipation of a Federal tax refund for the the ability of applicants to obtain their account without the need for a RAL. taxpayer may not include mandatory arbi- full refund so that the RAL can be re- Furthermore, my bill would mandate tration of disputes as a condition for pro- viding such a loan. paid. that low- and moderate-income tax- (b) EFFECTIVE DATE.—This section shall It is troubling that the Department payers be provided opportunities to apply to loans made after the date of the en- of the Treasury facilitates the use of open low-cost accounts at federally in- actment of this Act. RALs. In 1995, use of the DI program sured banks or credit unions via appro- SEC. 5. TERMINATION OF DEBT INDICATOR PRO- was suspended because of massive fraud priate tax forms. Providing taxpayers GRAM. in e-filed returns with RALs. The use with the option of opening a bank or The Secretary of the Treasury shall termi- of the DI program was reinstated in credit union account through the use nate the Debt Indicator program announced in Internal Revenue Service Notice 99–58. 1999. The effect of the DI program on of tax forms provides an alternative to SEC. 6. EXPANSION OF ELIGIBILITY FOR ELEC- total RAL volume is clear: the number RALs and immediate access to finan- TRONIC TRANSFER ACCOUNTS. of RALs fell dramatically following the cial opportunities found at banks and (a) IN GENERAL.—The last sentence of sec- suspension of the program in 1995 and credit unions. tion 3332(j) of title 31, United States Code, is rose again to pre-suspension levels im- The timeliness of this legislation has amended by inserting ‘‘other than any pay- mediately following its reinstatement never been greater. I urge all of my col- ment under section 32 of such Code’’ after in 1999. Use of the DI program should leagues to support this important bill ‘‘1986’’. (b) EFFECTIVE DATE.—The amendment once again be stopped because it is that offers consumer protection from predatory RALs and expand access to made by this section shall apply to payments helping tax preparers make excessive made after the date of the enactment of this profits from low- and moderate-income mainstream financial services. Act. taxpayers who utilize RALs. The De- I want to thank my colleagues, Sen- SEC. 7. PROGRAM TO ENCOURAGE THE USE OF partment of the Treasury should not be ator BINGAMAN and Senator DURBIN, for THE ADVANCE EARNED INCOME TAX facilitating the use of RALs that allow cosponsoring this legislation. CREDIT. (a) IN GENERAL.—Not later than 6 months tax preparers to reap outrageous prof- Mr. President, I ask unanimous con- sent that the text of the bill be printed after the date of the enactment of this Act, its by exploiting working families. the Secretary of the Treasury shall, after The Taxpayer Abuse Prevention Act in the RECORD. There being no objection, the text of consultation with such private, nonprofit, will protect consumers against preda- the bill was ordered to be placed in the and governmental entities as the Secretary tory loans, reduce the involvement of determines appropriate, develop and imple- RECORD, as follows: the Department of the Treasury in fa- ment a program to encourage the greater cilitating the exploitation of taxpayers S. 585 utilization of the advance earned income tax by terminating the DI program, and ex- Be it enacted by the Senate and House of Rep- credit. resentatives of the United States of America in (b) REPORTS.—Not later than the date of pand access to opportunities for saving Congress assembled, the implementation of the program de- and lending at mainstream financial SECTION 1. SHORT TITLE. scribed in subsection (a), and annually there- services. My bill prohibits refund an- This Act may be cited as the ‘‘Taxpayer after, the Secretary of the Treasury shall re- ticipation loans that utilize EITC bene- Abuse Prevention Act’’. port to the Committee on Finance of the

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Any sums so And, tragically, an increasing number Congress assembled, appropriated shall remain available until ex- are taking their own lives as a result. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. pended. A recent study by the Institute of (a) SHORT TITLE.—This Act may be cited as SEC. 8. PROGRAM TO LINK TAXPAYERS WITH DI- Medicine, IOM, found that the long- the ‘‘Western Hemisphere Energy Compact’’. RECT DEPOSIT ACCOUNTS AT FED- term health consequences of TBI alone (b) TABLE OF CONTENTS.—The table of con- ERALLY INSURED DEPOSITORY IN- tents for this Act is as follows: STITUTIONS. include dementia, Parkinson’s-like (a) ESTABLISHMENT OF PROGRAM.—Not later symptoms, seizures, and problems re- Sec. 1. Short title; table of contents. than 1 year after the date of the enactment lated to socialization and unemploy- Sec. 2. Findings. of this Act, the Secretary of the Treasury ment. Clearly, TBI and related dis- Sec. 3. Definitions. shall enter into cooperative agreements with orders will affect our servicemembers Sec. 4. Western Hemisphere Energy Coopera- federally insured depository institutions to and veterans far into the future, and tion Forum. provide low- and moderate-income taxpayers Sec. 5. United States-Brazil biofuels part- we owe it to them to develop better nership. with the option of establishing low-cost di- treatments and understanding of these rect deposit accounts through the use of ap- Sec. 6. International agricultural extension propriate tax forms. injuries and disorders. programs. (b) FEDERALLY INSURED DEPOSITORY INSTI- The Neurotechnology Initiative Act Sec. 7. Biofuels feasibility studies. TUTION.—For purposes of this section, the of 2009, which I am introducing today, Sec. 8. Regional development banks. term ‘‘federally insured depository institu- would coordinate our efforts to support Sec. 9. Carbon credit trading mechanisms. tion’’ means any insured depository institu- new developments in research, speed up Sec. 10. Energy crisis response preparedness. tion (as defined in section 3 of the Federal our understanding of the human brain, Sec. 11. Energy foreign assistance. Deposit Insurance Act (12 U.S.C. 1813)) and and help lead to treatments for all vic- Sec. 12. Energy public diplomacy. Sec. 13. Report. any insured credit union (as defined in sec- tims of neurological disorders. tion 101 of the Federal Credit Union Act (12 The legislation would make needed SEC. 2. FINDINGS. U.S.C. 1752)). improvements to the research system Congress makes the following findings: (c) OPERATION OF PROGRAM.—In providing (1) The engagement of the United States for the operation of the program described in in our country, which now is dis- Government on energy issues with govern- subsection (a), the Secretary of the Treasury jointed, often limiting the ability for ments of willing countries in the Western is authorized— life-altering research to reach patients Hemisphere is a strategic priority because (1) to consult with such private and non- in need. For example, it costs nearly such engagement can help to— profit organizations and Federal, State, and $100 million more—and takes 2 years (A) reduce the potential for conflict over local agencies as determined appropriate by longer than average—to bring a drug energy resources; the Secretary, and that treats a neurological disease to (B) maintain and expand reliable energy (2) to promulgate such regulations as nec- the market. The combined economic supplies; essary to administer such program. burden of these illnesses and disorders (C) expand the use of renewable energy; (d) AUTHORIZATION OF APPROPRIATIONS.— and There is authorized to be appropriated such is estimated at $1 trillion annually. The National Neurotechnology Ini- (D) reduce the detrimental effects of en- sums as are necessary to carry out the pro- ergy import dependence. gram described in this section. Any sums so tiative Act would increase funding to (2) Several nations in the Western Hemi- appropriated shall remain available until ex- the National Institutes of Health, NIH; sphere, including Brazil, Canada, Mexico, the pended. help remove bottlenecks in the system United States, and Venezuela, are important to speed up research; coordinate neuro- for global energy security and climate By Mrs. MURRAY: logical research across federal agencies change mitigation. S. 586. A bill to direct the Secretary by creating a blueprint for neuro- (3) Current energy dialogues and agree- of Health and Human Services to im- science at NIH; and streamline the ments should be expanded and refocused, as plement a National Neurotechnology FDA approval process for life-changing needed, to meet the challenges described in Initative, and for other purposes; to neurological drugs—without sacrificing paragraph (1). the Committee on Health, Education, safety. (4) Countries in the Western Hemisphere Labor, and Pensions. The act also has economic benefits. can most effectively meet their common needs for energy security and sustainability Mrs. MURRAY. Mr. President, today It will help create jobs in the emerging I am pleased to introduce legislation through partnership and cooperation. Co- field of neurotechnology. By devel- operation between governments on energy that would make a tremendous dif- oping better treatments, we can reduce ference in the lives of the millions of issues will enhance bilateral and regional re- health care costs for everyone. lationships among countries in the Western Americans suffering from neurological This research also has the potential Hemisphere. The Western Hemisphere is rich illnesses, injuries, or disorders. to transform highly specialized areas of in natural resources, including biomass, oil, An estimated one in three Americans medicine, computing, and defense. natural gas, and coal, and there are signifi- suffers from some kind of neurological Most importantly, it could save or im- cant opportunities for the production of re- condition, from Alzheimer’s to Parkin- prove the lives of millions of Ameri- newable energy, including hydroelectric, son’s to multiple sclerosis. An increas- cans. solar, geothermal, and wind power. Countries ing number of our troops and veterans I am proud that this bill has support in the Western Hemisphere can provide con- venient and reliable markets for their own suffer from disorders such as Trau- in the House, and I look forward to matic Brain Injury, TBI, and Post- energy needs and for foreign trade in energy working on it with my colleagues here goods and services. Traumatic Stress Disorder, PTSD. in the Senate. (5) Development of sustainable energy al- Yet, despite this, we still have only a ternatives in countries in the Western Hemi- limited understanding of how the brain By Mr. LUGAR: sphere can improve energy security, balance works, or how best to treat, diagnose, S. 587. A bill to establish a Western of trade, and environmental quality, and can and cure neurological diseases and con- Hemisphere Energy Cooperation Forum provide markets for energy technology and ditions. It is taking a terrible toll on to establish partnerships with inter- agricultural products. our families and communities. ested countries in the hemisphere to (6) Brazil and the United States have led I know from experience how dev- promote energy security through the the world in the production of ethanol. Deep- astating these brain injuries and dis- accelerated development of sustainable er cooperation on biofuels with other coun- orders are for victims and their fami- biofuels production and energy alter- tries in the hemisphere would extend eco- lies. My own father developed MS when natives, research, and infrastructure, nomic, security, and political benefits. The Government of the United States has ac- I was young, and when he became too and for other purposes; to the Com- tively worked with the Government of Brazil sick to work, my family had to rely on mittee on Foreign Relations. to develop a strong biofuels partnership and food stamps for a time just to get by. Mr. LUGAR. Mr. President, I ask to increase the production and use of Every day, we hear heart-wrenching unanimous consent that the text of the biofuels. On March 9, 2007, the Memorandum stories of Iraq and Afghanistan vet- bill be printed in the RECORD. of Understanding Between the United States

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and Brazil to Advance Cooperation on (c) ACTIVITIES.—The Secretary of State, to- change, including using biotechnology where Biofuels was signed in Sao Paulo, Brazil. gether with the Secretary of Energy, shall appropriate; and (7) Private sector partnership and invest- seek to implement, in cooperation with part- (F) cataloging greenhouse gas emissions in ment in all sources of energy is critical to ner countries— the Western Hemisphere, including private providing energy security in the Western (1) an energy crisis initiative that will pro- sector reporting; and Hemisphere. Several countries in the West- mote national and regional measures to re- (5) the increase use of biofuels based on the ern Hemisphere have endangered their in- spond to temporary energy supply disrup- studies provided by each partner country vestment climate. Other countries in the tions, including participation in a Western under section 7. Western Hemisphere have been unable to Hemisphere energy crisis response mecha- (d) IMPLEMENTATION.—It is the sense of make reforms necessary to create invest- nism in accordance with section 9(b); Congress that— ment climates necessary to increase the do- (2) an energy sustainability initiative to (1) all partner countries should meet at mestic production of energy. facilitate the long-term security of the en- least once every year; (8) It is the policy of the United States to ergy supply by fostering reliable sources of (2) partner countries should meet on a sub- promote free trade in energy among coun- energy and improved energy efficiency, in- regional basis, as needed; and tries in the Western Hemisphere, which cluding— (3) civil society, indigenous populations, would— (A) developing, deploying, and commer- and private industry representatives should (A) help support a growing energy indus- cializing technologies for producing sustain- be integral to the activities of the Energy try; able renewable energy within the Western Forum. (B) create jobs that benefit development Hemisphere; (e) WESTERN HEMISPHERE ENERGY INDUSTRY and alleviate poverty; (B) promoting production and trade in sus- GROUP.— (C) increase energy security through sup- tainable energy, including energy from bio- (1) AUTHORITY.—The Secretary of State, in ply diversification; and mass; coordination with the Secretary of Com- (D) strengthen integration among coun- (C) facilitating investment, trade, and merce and the Secretary of Energy, shall tries in the Western Hemisphere through technology cooperation in energy infrastruc- seek to establish a Western Hemisphere En- closer cooperation. ture, petroleum products, natural gas (in- ergy Industry Group (in this subsection re- SEC. 3. DEFINITIONS. cluding liquefied natural gas), and energy ef- ferred to as the ‘‘Energy Group’’) within the In this Act: ficiency (including automotive efficiency), Energy Forum. The Energy Group should in- (1) BIOFUEL.—The term ‘‘biofuel’’ means cleaner fossil energy, renewable energy, and clude representatives from industry and gov- any liquid fuel that is derived from biomass. carbon sequestration technologies; ernments in the Western Hemisphere. (2) BIOMASS.—The term ‘‘biomass’’ means (D) promoting regional infrastructure and (2) PURPOSES.—The purposes of the Energy any organic matter that is available on a re- market integration; Group are to— newable or recurring basis, including agri- (E) developing effective and stable regu- (A) increase public-private partnerships; cultural crops, trees, wood, wood wastes and latory frameworks; (B) foster private investment; residues, plants (including aquatic plants), (F) developing policy instruments to en- (C) enable countries in the Western Hemi- grasses, residues, fibers, animal wastes, mu- courage the use of renewable energy and im- sphere to devise energy agendas that are nicipal wastes, and other waste materials. proved energy efficiency; compatible with industry capacity and cog- (3) PARTNER COUNTRY.—The term ‘‘partner (G) establishing educational training and nizant of industry goals; and country’’ means a country that has agreed to exchange programs between partner coun- (D) promote transparency in financial conduct a biofuels feasibility study under tries; flows in the extractive industries in accord- section 7. (H) identifying and removing barriers to ance with the principles of the Extractive In- (4) REGIONAL DEVELOPMENT BANK.—The trade in technology, services, and commod- dustries Transparency Initiative. term ‘‘regional development bank’’ means ities; (3) DISCUSSION TOPICS.—It is the sense of the African Development Bank, the Inter- (I) promoting dialogue and common meas- Congress that the Energy Group should— American Development Bank, the Andean ures of environmental sustainability for en- (A) promote a secure investment climate; Development Corporation, the European ergy practices; and (B) research and deploy biofuels and other Bank for Reconstruction and Development, (J) mapping potential energy resources alternative fuels and clean electrical produc- and the Asian Development Bank. from hydrocarbons, hydrokinetic, solar, tion facilities, including clean coal and car- SEC. 4. WESTERN HEMISPHERE ENERGY CO- wind, biomass, and geothermal; bon capture and storage; OPERATION FORUM. (3) an energy for development initiative to (C) develop and deploy energy efficient (a) ESTABLISHMENT.—The Secretary of promote energy access for underdeveloped technologies and practices in the industrial, State, in coordination with the Secretary of areas through energy policy and infrastruc- residential, and transportation sectors; Energy, shall seek to establish a ministerial ture development, including— (D) invest in oil and natural gas production forum with countries in the Western Hemi- (A) increasing access to energy services for and distribution; sphere to be known as the Western Hemi- the poor; (E) maintain transparency of data relating sphere Energy Cooperation Forum (in this (B) improving energy sector market condi- to energy production, trade, consumption, subsection referred to as the ‘‘Energy tions; and reserves; Forum’’). (C) promoting rural development though (F) promote biofuels research; and (b) PURPOSES.—The purposes of the Energy biomass and other renewable energy produc- (G) establish training and education ex- Forum shall be to— tion and use; change programs. (1) strengthen relationships between coun- (D) increasing transparency of, and partici- (f) OIL AND NATURAL GAS WORKING tries of the Western Hemisphere through co- pation in, energy infrastructure projects; GROUP.— operation on energy issues; (E) promoting development and deploy- (1) ESTABLISHMENT.—The Secretary of (2) enhance cooperation, including infor- ment of technology for clean and sustainable State and the Secretary of Energy shall seek mation and technology cooperation, between energy development, including biofuel and to establish an Oil and Gas Working Group major energy producers and major energy clean coal technologies; within the Energy Forum or the Energy consumers in the Western Hemisphere; (F) facilitating the use of carbon seques- Group. (3) explore possibilities for countries in the tration methods in agriculture and forestry, (2) PURPOSE.—The purpose of the Oil and Western Hemisphere to work together to including facilitating participation in inter- Gas Working Group shall be to strengthen promote renewable energy production (par- national carbon markets; and dialogue between international oil compa- ticularly in biofuels) and to lessen depend- (G) developing microenergy opportunities; nies, national oil companies, and civil soci- ence on oil imports without reducing food se- (4) a climate change mitigation and adap- ety groups on issues relating to inter- curity; tation initiative, including activities such national standards on transparency, social (4) ensure the energy supply is sufficient to as— responsibility, and best practices in leasing facilitate continued economic, social, and (A) coordinating regional public and pri- and management of oil and natural gas environmental progress in the countries of vate partnerships for greenhouse gas reduc- projects. the Western Hemisphere; tion; (g) APPROPRIATION.—There are authorized (5) provide an opportunity for open dia- (B) identifying opportunities and facili- to be appropriated to the Secretary of State logue and joint commitments among partner tating mechanisms for forest preservation $6,000,000 for fiscal year 2010 to carry out this countries and with private industry; and reclamation; section. (6) provide partner countries the flexibility (C) sharing best practices in energy policy SEC. 5. UNITED STATES-BRAZIL BIOFUELS PART- necessary to cooperatively address broad formulation and execution; NERSHIP. challenges posed to the energy supply of the (D) identifying areas at severe risk for cli- (a) IN GENERAL.—The Secretary of State, Western Hemisphere and to find solutions mate change, such as drought, flooding, and in coordination with the Secretary of En- that are politically acceptable and practical other environmental phenomena that could ergy, shall work with the Government of in policy terms; and lead to crisis; Brazil to— (7) improve transparency in the energy sec- (E) identifying areas in need of agricul- (1) coordinate efforts to promote the pro- tor. tural innovation to prepare for climate duction and use of biofuels among countries

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.049 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3081 in the Western Hemisphere, giving pref- (2) the status and impact of any existing country shall provide for participation of erence to those countries that are among the biofuels programs of the country. local, national, and international public, poorest and most dependent on petroleum (c) ASSESSMENT OF DEMAND.—The study civil society, and private institutions that imports, including— conducted under subsection (a) shall assess, have responsibility or expertise in biofuels (A) coordinating the biofuels feasibility with respect to the partner country— production and use. studies described in section 7; (1) the quantitative and qualitative cur- (3) PRINCIPAL ISSUES.—The study shall ad- (B) collaborating on policy and regulatory rent and projected demand for energy by dress with respect to the partner country— measures to— families, villages, industries, public trans- (A) the potential of biomass in the country (i) promote domestic biofuels production portation infrastructure, and other energy and the barriers to the production of biofuels and use, including related agricultural and consumers; from such biomass products; environmental measures; (2) the future demand for heat, electricity, (B) the strategies for creating a market for (ii) reform the transportation sector to in- and transportation; biomass products; crease the use of biofuels, increase effi- (3) the demand for high-quality transpor- (C) the potential contribution biofuels ciency, reduce emissions, and integrate the tation fuel; have in reducing fossil fuel consumption; use of advanced technologies; and (4) the local market prices for various en- (D) environmental sustainability issues (iii) reform fueling infrastructure to allow ergy sources; and and policy options and the mitigating effect for the use of biofuels and other alternative (5) the employment, income generation, on carbon emissions of increased biofuels fuels; and rural development opportunities from production; (2) invite the European Union, China, the biofuels industry. (E) the potential contribution biofuels India, South Africa, Japan, and other inter- (d) ASSESSMENT OF RESOURCES.—The study have on economic development, poverty re- ested countries to join in and expand exist- conducted under subsection (a) shall— duction, and sustainability of energy re- ing international efforts to promote the de- (1) assess the present and future biomass sources; velopment of a global strategy to create resources that are available in each geo- (F) programs for the use of biofuels in the global biofuels markets and promote biofuels graphic region of the partner country to transportation sector; production and use in developing countries; meet the demand assessed under subsection (G) economic cooperation across inter- (3) assess the feasibility of working with (c); national borders to increase biofuels produc- the World Bank and relevant regional devel- (2) include a plan for increasing the avail- tion and use; opment banks regarding— ability of existing biomass resources in the (H) the potential for technological collabo- (A) biofuels production capabilities; and country; and ration and joint ventures for biofuels and the (B) infrastructure, research, and training (3) include a plan for developing new, sus- technological, cultural, and legal barriers related to such capabilities; and tainable biomass resources in the country, that may impede such collaboration and (4) develop a joint and coordinated strat- including wood, manure, agricultural resi- joint ventures; and egy regarding the construction and retro- dues, sewage, and organic waste. (I) the economic aspects of the promotion fitting of pipelines and terminals near major (e) ANALYSIS OF AVAILABLE TECHNOLOGIES of biofuels, including job creation, financing fuel distribution centers, coastal harbors, SYSTEMS.—Based on the assessments de- and loan mechanisms, credit mobilization, and railroads. scribed in subsections (c) and (d), the study investment capital, and market penetration. (b) AUTHORIZATION OF APPROPRIATIONS.— for each partner country shall— (i) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to (1) analyze available technologies and sys- There is authorized to be appropriated to the the Secretary of State $6,000,000 for fiscal tems for using biofuels in the country, in- Secretary of State $20,000,000 for fiscal year year 2010 to carry out this section. cluding— 2010 to carry out this section. (A) converting biomass crops and agro- SEC. 6. INTERNATIONAL AGRICULTURAL EXTEN- SEC. 8. REGIONAL DEVELOPMENT BANKS. forestry residues into pellets and briquettes; SION PROGRAMS. The Secretary of the Treasury shall in- (B) using low-pollution stoves; (a) IN GENERAL.—The Secretary of Agri- struct the United States Executive Director (C) engaging in biogas production; culture shall work with the Government of to each regional development bank and in- (D) engaging in charcoal and activated Brazil, the Government of Canada, and other form the public that it is the policy of the coal production; governments of partner countries, to facili- United States that assistance provided by (E) engaging in biofuels production; tate joint agricultural extension activities such bank should encourage development of (F) using combustion and co-combustion related to biofuels crop production, biofuels renewable energy sources, including energy technologies; and production, and the measurement and reduc- derived from biomass. In coordination with (G) using biofuels technologies in various tion of greenhouse gas emissions. the Secretary of State and the Secretary of (b) EDUCATIONAL GRANTS.—The Secretary geographic regions; Energy, the Secretary of the Treasury shall of Energy, in coordination with the Sec- (2) analyze the economic viability of bio- provide information regarding progress in retary of State and the Secretary of Agri- mass technologies in the country; and the development of renewable energy culture, and in collaboration with the Gov- (3) compare the technologies and systems sources, including energy derived from bio- ernment of Brazil, shall establish a grant in the country relating to biofuels with the mass. The information shall be included in program to finance advanced biofuels re- technologies and systems for conventional the annual report to Congress required by search and collaboration between academic energy supplies to determine if biofuels tech- section 13 on the implementation of this Act. and research institutions in the United nology is cost-effective, low-maintenance, States and Brazil. and socially acceptable, and the impact of SEC. 9. CARBON CREDIT TRADING MECHANISMS. (c) FUNDING SOURCES.— biofuels on economic development. (a) IN GENERAL.—The Secretary of State (1) AUTHORIZATION OF APPROPRIATIONS.— (f) ENVIRONMENTAL ASSESSMENT.—The shall work with interested governments in There are authorized to be appropriated for study conducted by each partner country the Western Hemisphere and other countries fiscal year 2010— under subsection (a) shall assess— to facilitate regional and hemispheric carbon (A) to the Secretary of Agriculture, (1) the probable environmental impact of trading mechanisms consistent with the $10,000,000 to carry out subsection (a); and increased biomass harvesting and produc- United Nations Framework Convention on (B) to the Secretary of Energy, $14,000,000 tion, and biofuels production and use; and Climate Change and existing trade and finan- to carry out subsection (b). (2) the availability of financing for biofuels cial agreements to— (2) SUPPLEMENTAL FUNDING SOURCES.—The from global carbon credit trading mecha- (1) establish credits for the preservation of Secretary of State shall work with the Gov- nisms. tropical forests; ernment of Brazil, the government of each (g) FOOD SECURITY ASSESSMENT.—The (2) use greenhouse gas-reducing agricul- partner country, regional development study conducted by each partner country tural practices; banks, the Organization of American States, under subsection (a) shall assess the poten- (3) jointly fund greenhouse gas sequestra- and other interested parties to identify sup- tial impact on food stocks and prices in the tion studies and experiments in various geo- plemental funding sources for the biofuels partner country. logical formations; and feasibility studies described in section 7. (h) DEVELOPMENT OF POLICY OPTIONS TO (4) jointly fund climate mitigation studies SEC. 7. BIOFUELS FEASIBILITY STUDIES. PROMOTE BIOFUELS PRODUCTION AND USE.— in vulnerable areas in the Western Hemi- (a) IN GENERAL.—The Secretary of State, (1) IN GENERAL.—The study conducted by sphere. in consultation with the Secretary of En- each partner country under subsection (a) (b) AUTHORIZATION OF APPROPRIATIONS.— ergy, shall work with each partner country shall identify and evaluate policy options to There is authorized to be appropriated to the to conduct a study to determine the feasi- promote biofuels production and use, after Secretary of State $10,000,000 for fiscal year bility of increasing the production and use of taking into account— 2010 to carry out this section. biofuels in each such country. (A) the existing energy policy of the coun- SEC. 10. ENERGY CRISIS RESPONSE PREPARED- (b) ANALYSIS OF THE ENERGY POLICY try; and NESS. FRAMEWORK.—The study conducted under (B) the technologies available to convert (a) FINDINGS.—Congress makes the fol- subsection (a) shall analyze— local biomass resources into biofuels in the lowing findings: (1) the energy policy of the partner coun- country. (1) Cooperation between the United States try, particularly the impact of such policy (2) COORDINATION.—In conducting the eval- Government and the governments of other on the promotion of biofuels; and uation under paragraph (1), the partner countries during an energy crisis promotes

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.049 S12MRPT1 jbell on PROD1PC69 with SENATE S3082 CONGRESSIONAL RECORD — SENATE March 12, 2009 the national security of the United States ties to reduce dependence on imported en- trying to volunteer internationally. and of the other countries. ergy by switching to biofuels. First of all, my bill would reduce finan- (2) Credible contingency plans to respond (b) DEVELOPMENT STRATEGY REVIEW.—The cial barriers by awarding fellowships Administrator shall— to energy shortages may serve as a deterrent designed to defray some of the costs as- to the manipulation of energy supplies by ex- (1) review country assistance strategies port and transit countries. and make recommendations to increase as- sociated with volunteering. The fellow- (3) The vulnerability of most countries in sistance for renewable energy activities; and ship can be applied toward many of the the Western Hemisphere to supply disrup- (2) submit the results of the review con- costs associated with such travel in- tions from political, natural, or terrorism ducted under paragraph (1) to the Committee cluding airfare, housing, or program causes may introduce instability in the on Foreign Relations and the Committee on costs. By providing financial assist- Western Hemisphere and can be a source of Energy and Natural Resources of the Senate ance, the Global Service Fellowship conflict, despite the existence of major en- and the Committee on Foreign Affairs and program opens the door for more Amer- the Committee on Energy and Commerce of ergy resources in the Western Hemisphere. icans to participate—not just those The United States and Canada are the only the House of Representatives not later than members of the International Energy Pro- 180 days after the date of the enactment of with the resources to pay for it. gram in the Western Hemisphere. this Act. Secondly, my bill reduces volun- (4) Regional and international agreements (c) EXPEDITED SUSTAINABLE ENERGY teering barriers by offering flexibility for the management of energy emergencies GRANTS.— in the length of the volunteer oppor- in the Western Hemisphere will benefit mar- (1) AUTHORIZATION.—The Administrator is tunity. I hear frequently from con- ket stability and encourage development in authorized to award grants to nongovern- stituents who are unable to participate participating countries. mental organizations for sustainable energy in volunteer programs because they (b) ESTABLISHMENT OF AN ENERGY CRISIS and job creation projects in at-risk nations, cannot leave their jobs or family for RESPONSE MECHANISM FOR THE WESTERN such as Haiti. Applications for grants shall years or months at a time, but are in- HEMISPHERE.— be submitted in such form and in such man- (1) AUTHORITY.—The Secretary of State, in ner as the Administrator determines and terested in creating cross cultural con- coordination with the Secretary of Energy, grants shall be awarded on an expedited nections and contributing meaning- shall immediately seek to establish a West- basis upon approval of the application. fully to positive global change. A sur- ern Hemisphere energy crisis response mech- (2) AUTHORIZATION OF APPROPRIATIONS.— vey released by the Pew Global Atti- anism (in this subsection referred to as the There is authorized to be appropriated to the tudes Project in December 2008 indi- ‘‘mechanism’’). United States Agency for International De- cates that between 2002 and 2008, opin- (2) SCOPE.—The mechanism established velopment $10,000,000 to provide grants under ions of the U.S. declined steeply in 14 under paragraph (1) shall include— this subsection. out of the 19 countries polled. The (A) real-time information sharing and a co- SEC. 12. ENERGY PUBLIC DIPLOMACY. ordination mechanism to respond to energy (a) AUTHORIZATION OF APPROPRIATIONS.— Global Service Fellowship Program of- supply emergencies in the Western Hemi- There is authorized to be appropriated to the fers U.S. citizens an immediate oppor- sphere; Secretary of State $5,000,000 for public diplo- tunity to help reverse this negative (B) technical assistance in the develop- macy activities relating to renewable energy trend on a schedule that works for ment and management of national and re- in the Western Hemisphere. them—from a month up to a year. My gional strategic energy reserves in the West- (b) LIMITATION.—Not less than 50 percent of bill provides a commonsense approach ern Hemisphere; any amount appropriated pursuant to para- to the time limitations of the average (C) the promotion of increased energy in- graph (1) shall be used for education activi- American while also recognizing the frastructure integration between countries ties implemented through civil society orga- in the Western Hemisphere; nizations. important role people-to-people en- (D) emergency demand restraint measures SEC. 13. REPORT. gagement can play in countering nega- in the Western Hemisphere; The Secretary of State, in consultation tive views of our country around the (E) the development of the ability of coun- with the Secretary of Energy, shall submit world. tries in the Western Hemisphere to switch an annual report to Congress on the activi- Not only does this bill make it easier energy sources and to switch to alternative ties carried out to implement this Act. for all Americans to apply for fellow- energy production capacity; ships, it also engages Congress by giv- (F) energy demand intensity reduction pro- By Mr. FEINGOLD (for himself, ing Members of Congress the oppor- grams as measured by energy consumption Mr. VOINOVICH, Mr. per unit of economic activity; and tunity to notify their constituents who WHITEHOUSE, Mr. COCHRAN, and (G) measures to strengthen sea lanes and are awarded the fellowship—and calls infrastructure security in the Western Hemi- Mr. CARDIN): on the recipient to report back to sphere. S. 589. A bill to establish a Global USAID and to their congressional rep- (3) MEMBERSHIP.—The Secretary shall seek Service Fellowship Program and to au- resentatives once they have returned to include in the mechanism each major en- thorize Volunteers for Prosperity, and from their time abroad. Through this ergy producer and major energy consumer in for other purposes; to the Committee process, Congress will see firsthand the the Western Hemisphere and other members on Foreign Relations. benefit international volunteering of the Energy Forum established pursuant to Mr. FEINGOLD. Mr. President, today section 4(a). brings to their communities and the I am pleased to introduce the Global Nation. (4) STUDY.—The Secretary of Energy Service Fellowship Act with Senators shall— This program would cost $15 million, (A) conduct a study of supply vulnerability VOINOVICH, WHITEHOUSE, COCHRAN and which is more than offset by a provi- relating to natural gas in the Western Hemi- CARDIN. This important bill would pro- sion in my bill that would require the sphere; and vide more Americans the opportunity IRS to deposit all of its fee receipts in (B) submit a report to the Committee on to volunteer overseas and strengthen the Treasury as miscellaneous receipts. Foreign Relations and the Committee on En- our commitment to international vol- This program would be a valuable addi- ergy and Natural Resources of the Senate unteerism. This bill also authorizes and the Committee on Foreign Affairs and tion to our public diplomacy, develop- Volunteers for Prosperity, VFP, an of- ment, and humanitarian efforts over- the Committee on Energy and Commerce of fice created by President Bush under the House of Representatives that includes seas and I encourage my colleagues to recommendations for infrastructure and reg- Executive Order 13317. As the new ad- support the bill. ulatory needs for reducing supply disruption ministration seeks to rebuild and re- vulnerability and international coordina- store our image abroad, increasing the By Ms. SNOWE (for herself and tion. number of Americans volunteering Mr. PRYOR): (c) AUTHORIZATION OF APPROPRIATIONS.— abroad is a critical component of that S. 590. A bill to assist local commu- There is authorized to be appropriated to the work. The federal government should nities with closed and active military Secretary of Energy $10,000,000 for fiscal year facilitate such international volun- bases, and for other purposes; to the 2010 to carry out this section. teering experiences for U.S. citizens by Committee on Armed Services. SEC. 11. ENERGY FOREIGN ASSISTANCE. promoting both short and long-term Ms. SNOWE. Mr. President, I rise in (a) IN GENERAL.—The Administrator of the opportunities. support of legislation that Senator United States Agency for International De- velopment (in this section referred to as the My bill would not only provide more PRYOR and I have introduced, the De- ‘‘Administrator’’) shall seek to increase opportunities for people-to-people en- fense Communities Assistance Act of United States foreign assistance for renew- gagement, it would also reduce barriers 2009. As base communities nationwide able energy, including assistance for activi- that the average citizen faces when struggle with a host of issues—from

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.049 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3083 the tumultuous economy, to closures a county government or other local oped quickly so that displaced workers as a result of the latest Defense Base government, municipal services for in the community will once again be- Closure and Realignment, BRAC, military installations across the coun- come employed. Encouraging expedited round, to an influx in service per- try. free, or less than fair market value, sonnel—the Federal Government must Additionally, this bill would address property transfers would result in in- provide assistance to its base commu- the Defense State Memorandum of centives for private investment, sig- nities to effectively implement the var- Agreement, DSMOA, program which nificant infrastructure and public ben- ious initiatives of the Department of was established to facilitate and fund efits, and the potential generation of Defense and to spur economic growth. State oversight of contaminated DOD tens of thousands of jobs. That is why This legislation, which is supported by sites, including BRAC sites. DOD has it is a responsible course of action for the Association of Defense Commu- recently interpreted DSMOA in a man- the Government to provide these com- nities, ADC, seeks to accomplish that ner that has severely impaired state munities with the tools and resources, goal by providing immediate benefits budgets, which has in turn reduced such as no-cost EDCs, needed to re- to all base communities, for both State oversight at these sites. The De- cover from a closure. closed and active military installations fense Communities Assistance Act The timeframe and uncertainty of across the country. would ensure that funding under the BRAC transfer process is the single During even the best of economic DSMOA may be used for state BRAC greatest obstacle to redevelopment of times, the closure of a military base property transfer activities while also the underutilized lands. Expediting can devastate a local economy. Today, preventing withholding DSMOA funds transfer of these former military bases with our economy in a troubling reces- when States exercise their enforcement would stimulate both private and pub- sion, the outlook is even more grim, authority. lic investment in infrastructure and re- with communities facing overwhelming Additionally, section 330 of the Na- development, resulting in job creation challenges in redeveloping a former tional Defense Authorization Act for and economic development activity, military installation. For instance, the fiscal year 1993 was originally adopted the rebuilding of inadequate local in- closure of the Naval Air Station Bruns- with the intention of protecting parties frastructure funded by the redevelop- wick, NASB, in my home State of involved in base redevelopment from li- ment project, and local, State, and Maine will create profoundly negative ability for undiscovered pre-existing Federal tax generation. Moreover, the economic consequences with an esti- pollution conditions at closed military Federal Government would be relieved mated loss of 6,500 jobs. Given these installations. Regrettably, recent court of its property management respon- trying economic times, we must ensure decisions have been inconsistent in in- sibilities, saving hundreds of millions that every effort is made to foster rede- terpreting section 330 creating uncer- of dollars annually. velopment in communities affected by tainty that has left base closure prop- I urge my colleagues to join Senator base closures. erty holders with difficulty in obtain- PRYOR and me in support of this legis- There is no question that the nega- ing environmental insurance among lation. tive effects of base closures are dis- other problems. This bill provides vital proportionately and unfairly borne by clarification to ensure the original in- Mr. President, I ask unanimous con- the communities where bases have tention of protecting parties involved sent that the text of the bill be printed closed. At the same time, communities in base redevelopment from unneces- in the RECORD. surrounding active bases must cope sary liability at closed military instal- There being no objection, the text of with realignments, global repo- lations. the bill was ordered to be printed in sitioning, and grow the force initia- Furthermore, the national economic the RECORD, as follows: tives to accommodate service per- problems that our country currently S. 590 sonnel influxes at their own expense. faces demand swift and efficient action Be it enacted by the Senate and House of Rep- That is why this comprehensive meas- to avert a deeper and more intractable resentatives of the United States of America in ure includes key provisions to assist recession. That is why this legislation Congress assembled, not only bases facing closure, but ac- would repeal section 3006 of the Na- SECTION 1. SHORT TITLE. tive base communities absorbing tional Defense Authorization Act for growth impacts. fiscal year 2002, thereby encouraging This Act may be cited as the ‘‘The Defense Communities Assistance Act of 2009’’. Accordingly, this legislation would the Secretary of Defense to provide no- grant permanent authority for the cost Economic Development Convey- SEC. 2. SENSE OF CONGRESS. military departments to exchange real ances, EDCs, to base communities as a It is the sense of the Congress, that as the property deemed excess to the DOD, in preferred property disposal mechanism. Federal Government implements base clo- return for the construction of new fa- This provision would help to spur job sures and realignments, global repositioning, cilities, or to limit encroachments, at and grow the force initiatives, it is necessary generation and economic development to assist local communities coping with the other active installations. This author- immediately. impact of these programs at both closed and ity provides military departments with As a result of five BRAC rounds, hun- active military installations. To aid commu- greater flexibility in real estate asset dreds of military installations have nities to either recover quickly from clo- management and has previously only been decommissioned or downsized sures or to accommodate growth associated been available to property on an instal- with the expectation that the prop- with troop influxes, the Federal Government lation that had been closed or re- erties would be available for local must provide assistance to communities to aligned. reuse and economic development. At effectively implement the various initiatives In recent years, the Army has en- the same time, an inconsistent and of the Department of Defense. gaged in pilot programs at installa- time consuming transfer process by the SEC. 3. PERMANENT AUTHORITY TO CONVEY tions to procure municipal services, PROPERTY AT MILITARY INSTALLA- military departments has left thou- TIONS TO SUPPORT MILITARY CON- such as water and electricity, from a sands of acres of former installation STRUCTION AND AGREEMENTS TO city or county government. These mu- property in Federal ownership, with LIMIT ENCROACHMENT. nicipal service agreements have been the fallow acreage hampering the host Section 2869(a)(3) of title 10, United States successful, saving the Army several community’s economic recovery. There Code, is amended by striking ‘‘shall apply million dollars and providing signifi- is tremendous risk that in the current only during the period’’ and all that follows cant benefits. In the National Defense economic climate, with property val- through ‘‘September 30, 2008’’ and inserting Authorization Act for fiscal year 2008, ues at their lowest position in the past ‘‘without limitation on duration’’. this authority was extended to the decade, these properties will sit fallow SEC. 4. EXTENSION OF AUTHORITY TO PURCHASE other two military departments and al- MUNICIPAL SERVICES FOR MILI- for years without the use of no-cost TARY INSTALLATIONS IN THE lowed each service to purchase munic- EDCs. UNITED STATES. ipal services for three installations. This measure is stimulative in na- (a) PERMANENT AUTHORITY.—Chapter 146 of This legislation builds on that success ture by getting property off the books title 10, United States Code, is amended by and greatly extends the military de- of the Federal Government and into inserting after section 2465 the following new partments’ authority to purchase, from the hands of developers to be redevel- section:

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.053 S12MRPT1 jbell on PROD1PC69 with SENATE S3084 CONGRESSIONAL RECORD — SENATE March 12, 2009 ‘‘§ 2465a. Contracts for procurement of munic- SEC. 5. REIMBURSABLE ACTIVITIES UNDER THE dent Obama’s commitment to finding ipal services for military installations in DEFENSE-STATE MEMORANDUM OF scientifically sound and responsible so- the United States AGREEMENT PROGRAM. Section 2701(d)(1) of title 10, United States lutions to dealing with nuclear waste. ‘‘(a) CONTRACT AUTHORITY.—Subject to sec- Code, is amended by inserting before the pe- I am proud to say that I have been tion 2465 of this title, the Secretary con- riod at the end the following: ‘‘and the proc- working on a new volume in this ter- cerned may enter into a contract for the pro- essing of property transfers before or after ribly difficult debate. Bad policy like curement of municipal services described in remediation, provided the Secretary shall the Yucca Mountain project is easy to subsection (b) for a military installation in not condition funding based on the manner the United States from a county, municipal oppose. But it is not always easy to in which a State exercises its enforcement craft better policy. government, or other local governmental authority, or its willingness to enter into unit in the geographic area in which the in- dispute resolution prior to exercising that That is what I am doing with Senator stallation is located. enforcement authority.’’. ENSIGN today—working to replace our ‘‘(b) COVERED MUNICIPAL SERVICES.—The SEC. 6. INDEMNIFICATION OF TRANSFEREES OF failed approach to dealing with nuclear municipal services that may be procured for CLOSING DEFENSE PROPERTIES. waste with a much better policy. We a military installation under the authority Section 330(a)(1) of the National Defense are unveiling our plan to form a con- of this section are as follows: Authorization Act for Fiscal Year 1993 (Pub- gressional commission to evaluate and ‘‘(1) Refuse collection. lic Law 102–484; 10 U.S.C. 2687 note), is make recommendations on alternative ‘‘(2) Refuse disposal. amended by striking ‘‘cost or other fee’’ and ‘‘(3) Library services. all that follows through ‘‘contaminant,’’ and approaches to managing nuclear waste. ‘‘(4) Recreation services. inserting ‘‘cost, statutory or regulatory re- This is a step that is way past due. ‘‘(5) Facility maintenance and repair. quirement or order, or other cost, expense, I began opposing the idea of dumping ‘‘(6) Utilities. or fee arising out of any such requirement or nuclear waste in Nevada when it was ‘‘(c) EXCEPTION FROM COMPETITIVE PROCE- claim for personal injury, environmental re- first proposed in the early 1980s. I was DURES.—The Secretary concerned may enter mediation, or property damage (including still a member of the House then, and into a contract under subsection (a) using death, illness, or loss of or damage to prop- I continued this fight in the Senate procedures other than competitive proce- erty or economic loss) that results from, or is in any manner predicated upon, the re- with most Nevadans firmly behind my dures if— efforts to kill the project. I have fought ‘‘(1) the term of the proposed contract does lease or threatened release of any hazardous not exceed 5 years; substance, pollutant, or contaminant’’. against the Yucca Mountain project ‘‘(2) the Secretary determines that the SEC. 7. REQUIREMENT FOR NO-COST ECONOMIC vigorously, but from the very begin- price for the municipal services to be pro- DEVELOPMENT CONVEYANCES. ning I was also calling for long-range vided under the contract is fair, reasonable, (a) REPEAL OF CERTAIN REQUIREMENTS.— planning on nuclear waste because it represents the least cost to the Federal Gov- Subsection (a) of section 3006 of the National was the right thing to do. ernment, and, to the maximum extent prac- Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1350), and I continued calling for researching ticable, takes into consideration the inter- alternatives to Yucca in 1995 when I in- ests of small business concerns (as that term the amendments made by that subsection, is defined in section 3(a) of the Small Busi- are hereby repealed. Effective as of the date troduced legislation with my close ness Act (15 U.S.C. 632(a)); and of the enactment of this Act, the provisions friend and colleague, Senator Dick ‘‘(3) the business case supporting the Sec- of section 2905 of the Defense Base Closure Bryan, to establish a commission on retary’s determination under paragraph (2)— and Realignment Act of 1990 (part A of title nuclear waste. Unfortunately, Congress ‘‘(A) describes the availability, benefits, XXIX of Public Law 101–510; 10 U.S.C. 2687 did not listen, even though evidence and drawbacks of alternative sources; and note) that were amended by section 3006(a) of was piling up showing that Yucca ‘‘(B) establishes that performance by the the National Defense Authorization Act for Fiscal Year 2002, as such provisions were in Mountain could become a death trap county or municipal government or other for Nevadans. local governmental unit will not increase effect on December 27, 2001, are hereby re- costs to the Federal Government, when com- vived. The Government’s decades-long focus pared to the cost of continued performance (b) REGULATIONS.—Not later than 60 days on Yucca Mountain has left us barren by the current provider of the services. after the date of the enactment of this Act, with very few good proposals for deal- the Secretary of Defense shall prescribe reg- ‘‘(d) LIMITATION ON DELEGATION.—The au- ing with nuclear waste. Now that ulations to implement the provisions of sec- thority to make the determination described President Obama and Secretary Chu tion 2905 of the Defense Base Closure and Re- in subsection (c)(2) may not be delegated to alignment Act of 1990 revived by subsection have taken Yucca Mountain off the a level lower than a Deputy Assistant Sec- (a) to ensure that the military departments table, we need to begin looking closely retary for Installations and Environment, or transfer surplus real and personal property at new ideas. We should even dust off another official of the Department of De- at closed or realigned military installations some older ones that have been ignored fense at an equivalent level. without consideration to local redevelop- for far too long. ‘‘(e) CONGRESSIONAL NOTIFICATION.—The ment authorities for economic development The legislation we are introducing Secretary concerned may not enter into a purposes, and without the requirement to contract under subsection (a) for the pro- today forms a temporary commission value such property. to review and make recommendations curement of municipal services until the (c) REPORT.—Not later than 180 days after Secretary notifies the Committees on Armed the date of the enactment of this Act, the on a wide variety of alternatives to Services of the Senate and the House of Rep- Secretary of Defense shall submit to Con- Yucca. resentatives of the proposed contract and a gress a report on the status of current and The commission will look at every- period of 14 days elapses from the date the anticipated economic development convey- thing from at-reactor dry cask storage notification is received by the committees. ances, projected job creation, community re- to reprocessing. The commission will The notification shall include a summary of investment, and progress made as a result of consider having the Federal Govern- the business case and an explanation of how the enactment of this section. the adverse impact, if any, on civilian em- ment take title to nuclear waste, but ployees of the Department of Defense will be By Mr. REID (for himself and Mr. will also consider chartering a Federal minimized. ENSIGN): corporation to manage nuclear waste. ‘‘(f) GUIDANCE.—The Secretary of Defense S. 591. A bill to establish a National Very importantly, the commission shall issue guidance to address the imple- Commission on High-Level Radioactive will consider the security of temporary mentation of this section.’’. Waste and Spent Nuclear Fuel, and for storage facilities for nuclear waste so (b) CLERICAL AMENDMENT.—The table of other purposes; to the Committee on we can give assurances to communities sections at the beginning of such chapter is Environment and Public Works. near nuclear power plants that their amended by inserting after the item relating safety will not be compromised. to section 2465 the following new item: Mr. REID. Mr. President, I am pleased to say that we are closing the The cosponsors of this legislation do ‘‘2465a. Contracts for purchase of municipal book on our Nation’s failed nuclear not all share the same views about nu- services for military installa- waste policy. After decades of fighting clear power and we do not share the tions in the United States.’’. the Yucca Mountain project, I can say same views about nuclear waste. For (c) EXTENSION OF PILOT PROGRAM.—Section example, I have long said that nuclear 325(f) of the Ronald W. Reagan National De- with confidence that Nevada will not fense Authorization Act for Fiscal Year 2005 serve as the Nation’s nuclear waste waste needs to remain on site where it (Public Law 108–375; 10 U.S.C. 2461 note) is dump. is produced until the Government has a amended by striking ‘‘September 30, 2010’’ Nevadans and all Americans will be safe and scientifically sound solution. and inserting ‘‘September 30, 2020’’. safer and more secure thanks to Presi- Others would like to reprocess and

VerDate Nov 24 2008 00:36 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.056 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3085 reuse nuclear waste in nuclear reac- priate committee of the House of Represent- (F) transferring to the Department of En- tors. Many still feel that some form of atives; ergy title to— permanent disposal is a good solution. (4) 2 shall be appointed by the Minority (i) spent nuclear fuel inventories at reactor But forming a commission is some- Leader of the House of Representatives, in sites in existence as of the date of enactment consultation with the ranking member of of this Act; and thing the bill’s sponsors and others each appropriate committee of the House of (ii) future nuclear fuel inventories at reac- agree upon because it will create a Representatives; and tor sites; process that will help our Nation take (5) 1 shall be appointed jointly by the Ma- (G) while long-term solutions for spent nu- a critical step away from the failed jority Leader of the Senate and the Speaker clear fuel management are developed, requir- Yucca Mountain policy. of the House of Representatives. ing the transfer of spent nuclear fuel inven- I look forward to continuing working (b) QUALIFICATIONS.— tories— with my colleagues to make sure we (1) NONGOVERNMENTAL APPOINTEES.—An in- (i) to at-reactor dry casks in a manner to dividual appointed to the Commission may take responsible actions necessary to ensure public safety and the security of the not be— inventories; and begin addressing nuclear waste. (A) engaged in any high-level radioactive (ii) after the date on which the spent nu- Mr. President, I ask unanimous con- waste or spent nuclear fuel activities under clear fuel inventory has been stored in a sent that the text of the bill be printed contract with the Department of Energy; or cooling pond for a period of not less than 7 in the RECORD. (B) an officer or employee of— years; There being no objection, the text of (i) the Federal Government; (H) permanent, deep geologic disposal for the bill was ordered to be printed in (ii) an Indian tribe; civilian and defense wastes, and interim (iii) a State; or strategies for the treatment of defense the RECORD, as follows: (iv) a unit of local government. S. 591 wastes; and (2) OTHER QUALIFICATIONS.—Individuals ap- (I) additional management and techno- Be it enacted by the Senate and House of Rep- pointed to the Commission shall, to the max- logical approaches, including improved secu- resentatives of the United States of America in imum extent practicable, be prominent rity of spent nuclear fuel storage installa- Congress assembled, United States citizens, with national rec- tions, as the Commission determines to be SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ognition and significant depth of experience appropriate for consideration; (a) SHORT TITLE.—This Act may be cited as in engineering, fields of science relevant to (2) consult with Federal agencies (includ- the ‘‘National Commission on High-Level used nuclear fuel management, energy, gov- ing the Nuclear Waste Technical Review Radioactive Waste and Spent Nuclear Fuel ernmental service, environmental policy, Board and the National Academy of Establishment Act of 2009’’. law, public administration, or foreign af- Sciences), interested individuals, States, (b) TABLE OF CONTENTS.—The table of con- fairs. local governments, organizations, and busi- tents of this Act is as follows: (3) DEADLINE FOR APPOINTMENT.—All mem- nesses as the Commission determines to be Sec. 1. Short title; table of contents. bers of the Commission shall be appointed by necessary to carry out the duties of the Com- Sec. 2. Establishment of Commission. not later than 90 days after the date of en- mission; Sec. 3. Purposes. actment of this Act. (3) submit recommendations on the dis- (c) CHAIRPERSON.—The individual ap- Sec. 4. Composition. position of the existing fees charged to nu- pointed under subsection (a)(5) shall serve as Sec. 5. Duties. clear energy ratepayers, and the rec- Chairperson of the Commission. Sec. 6. Powers. ommended disposition of the available bal- Sec. 7. Applicability of Federal Advisory (d) INITIAL MEETING.—The Commission shall meet and begin the operations of the ances consistent with the recommendations Committee Act. Commission as soon as practicable after the of the Commission regarding the manage- Sec. 8. Staff. date of enactment of this Act. ment of spent nuclear fuel; and Sec. 9. Compensation; travel expenses. (e) ADMINISTRATION.— (4) analyze the financial impacts of the Sec. 10. Security clearances. (1) MEETINGS.—After the initial meeting of recommendations of the Commission de- Sec. 11. Reports. the Commission, the Commission shall meet scribed in paragraph (3) on the contractual Sec. 12. Authorization of appropriations. on the call of the Chairperson or a majority liability of the Federal Government under Sec. 13. Termination. of the members of the Commission. section 302 of the Nuclear Waste Policy Act SEC. 2. ESTABLISHMENT OF COMMISSION. (2) QUORUM.—Five members of the Commis- of 1982 (42 U.S.C. 10222). There is established a commission to be sion shall constitute a quorum. (b) REPORT.—The Commission shall submit known as the ‘‘National Commission on (3) VACANCIES.—Any vacancy on the Com- to Congress a final report in accordance with High-Level Radioactive Waste and Spent Nu- mission— this Act containing such findings, conclu- clear Fuel’’ (referred to in this Act as the (A) shall not affect the powers of the Com- sions, and recommendations as the Commis- ‘‘Commission’’). mission; and sion considers appropriate. SEC. 3. PURPOSES. (B) shall be filled in the same manner in SEC. 6. POWERS. The purposes of the Commission are— which the original appointment was made. (a) HEARINGS AND EVIDENCE.—The Commis- (1) to evaluate potential improvements in SEC. 5. DUTIES. sion or, on the authority of the Commission, the approach of the United States to high- (a) IN GENERAL.—The Commission shall— any subcommittee may, for the purpose of level radioactive waste and spent nuclear (1) conduct an evaluation to advise Con- carrying out this Act, hold such hearings, sit fuel management in the event that the pro- gress on the feasibility, cost, risks, and and act at such times and places, take such posed Yucca Mountain high-level waste re- legal, public health, and environmental im- testimony, receive such evidence, and ad- pository is never operational or constructed pacts (including such impacts on local com- minister such oaths as the Commission con- for any spent nuclear fuel, high-level waste, munities) of alternatives to the spent fuel siders to be appropriate. or other radioactive waste disposal; and and high-level waste strategies of the Fed- (b) CONTRACTING.—The Commission may, (2) to submit to the appropriate commit- eral Government including— to such extent and in such amounts as are tees of Congress a report that contains a de- (A) transferring from the Department of provided in appropriation Acts, enter into scription of the findings, conclusions, and Energy responsibility for the high-level ra- contracts to enable the Commission to dis- recommendations of the Commission to im- dioactive waste and spent fuel management charge the duties of the Commission under prove the approach of the United States for program of the United States to a Govern- this Act. the management of defense waste, spent nu- ment corporation established for that pur- (c) INFORMATION FROM FEDERAL AGEN- clear fuel, high-level waste, and commercial pose; CIES.— radioactive waste. (B) endowing such a Federal Government (1) IN GENERAL.—The Commission may se- SEC. 4. COMPOSITION. corporation with authority and funding nec- cure directly from any executive depart- (a) MEMBERS.—The Commission shall be essary to provide for storage and manage- ment, bureau, agency, board, commission, of- composed of 9 members who meet each quali- ment of high-level radioactive waste and fice, independent establishment, or instru- fication described in subsection (b), of spent nuclear fuel; mentality of the Federal Government, infor- whom— (C) cost-sharing options between the Fed- mation, suggestions, estimates, and statis- (1) 2 shall be appointed by the Majority eral Government and private industry for tics for the purposes of this Act. Leader of the Senate, in consultation with the development of nuclear fuel management (2) FURNISHING OF INFORMATION.—Each de- the chairperson of each appropriate com- technology and licensing; partment, bureau, agency, board, commis- mittee of the Senate; (D) establishing Federal or private central- sion, office, independent establishment, or (2) 2 shall be appointed by the Minority ized interim storage facilities in commu- instrumentality shall, to the extent author- Leader of the Senate, in consultation with nities that are willing to serve as hosts; ized by law, furnish such information, sug- the ranking member of each appropriate (E) research and development leading to gestions, estimates, and statistics in a time- committee of the Senate; deployment of advanced fuel cycle tech- ly manner directly to the Commission, on re- (3) 2 shall be appointed by the Speaker of nologies (including reprocessing, transmuta- quest made by the Chairperson of the Com- the House of Representatives, in consulta- tion, and recycling technologies) that are mission, or any member designated by a ma- tion with the chairperson of each appro- not vulnerable to weapons proliferation; jority of the Commission.

VerDate Nov 24 2008 00:45 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.057 S12MRPT1 jbell on PROD1PC69 with SENATE S3086 CONGRESSIONAL RECORD — SENATE March 12, 2009 (3) RECEIPT, HANDLING, STORAGE, AND DIS- member of the Commission in the perform- Make no mistake, chemicals are ev- SEMINATION.—Information shall only be re- ance of services for the Commission, a mem- erywhere, even in our food. In many ceived, handled, stored, and disseminated by ber of the Commission shall be allowed trav- cases, we know very little about their members of the Commission and staff of the el expenses, including per diem in lieu of safety. I strongly believe that the time Commission in a manner that is consistent subsistence, in the same manner as persons with applicable law (including regulations employed intermittently in the Government has come to utilize a precautionary and Executive orders). service are allowed expenses under section standard in all food and beverages with (d) ASSISTANCE FROM FEDERAL AGENCIES.— 5703(b) of title 5, United States Code. respect to chemical additives. If you do (1) GENERAL SERVICES ADMINISTRATION.— SEC. 10. SECURITY CLEARANCES. not know for certain the chemical is The Administrator of General Services shall The appropriate Federal agencies or de- benign, it should not be used. provide to the Commission on a reimburs- partments shall cooperate with the Commis- Bisphenol A, known commonly as able basis administrative support and other sion in expeditiously providing to the Com- BPA, is one such example. It is used in services for the performance of the duties of mission members and staff appropriate secu- the Commission. consumer products all around us: plas- rity clearances to the maximum extent prac- tic containers that store food, compact (2) OTHER DEPARTMENTS AND AGENCIES.—In ticable pursuant to existing procedures and addition to the assistance prescribed in para- requirements, except that no person shall be discs, water bottles, canned soups and graph (1), departments and agencies of the provided with access to classified informa- other canned foods, even baby bottles. Federal Government may provide to the tion under this Act without the appropriate More than 100 studies suggest that Commission such services, funds, facilities, security clearances. BPA exposure at very low doses is staff, and other support services as the Com- SEC. 11. REPORTS. linked to a variety of health problems, mission may reasonably request and as may (a) INTERIM REPORT.—Not later than 1 year including prostate and breast cancer, be authorized by law. after the date of enactment of this Act, the obesity, attention deficit and hyper- (e) POSTAL SERVICES.—The Commission Commission shall make available to the pub- may use the United States mails in the same activity disorder, brain damage, al- manner and under the same conditions as de- lic for comment an interim report con- tered immune system, lowered sperm partments and agencies of the Federal Gov- taining such findings, conclusions, and rec- counts, and early puberty. ernment. ommendations as have been agreed to by a The National Toxicology Program in majority of the Commission members. SEC. 7. APPLICABILITY OF FEDERAL ADVISORY (b) FINAL REPORT.—Not later than 2 years the Department of Health and Human COMMITTEE ACT. Services has cited ‘‘some concern’’ that The Federal Advisory Committee Act (5 after the date of the first meeting of the U.S.C. App.) shall apply to the Commission. Commission, the Commission shall submit to Bisphenol A may affect neural develop- Congress a final report, the contents of SEC. 8. STAFF. ment in fetuses, infants, and children which shall— (a) IN GENERAL.— at current human exposures. (1) contain the items described in sub- (1) APPOINTMENT AND COMPENSATION.—The The solution is simple. My legisla- Chairperson, in accordance with rules agreed section (a), as agreed to by a majority of the tion will ban the use of Bisphenol A on by the Commission, may appoint and fix members of the Commission; from food and drink containers. This (2) contain the opinion of each member of the compensation of a staff director and such ban will be effective 180 days following other personnel as may be necessary to en- the Commission who does not approve of any item contained in the final report (including enactment of the legislation. able the Commission to carry out the duties The bill will create a waiver process, of the Commission, without regard to the an explanation of the opinion and any alter- provisions of title 5, United States Code, gov- native recommendation); and in case a company demonstrates that it erning appointments in the competitive (3) take into account public comments re- is technologically impossible to replace service, and without regard to the provisions ceived under subsection (a). BPA in that time frame. A manufac- of chapter 51 and subchapter III of chapter 53 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. turer can receive a one year waiver, of that title relating to classification and There are authorized to be appropriated which is renewable, while they work to General Schedule pay rates, except that no such sums as are necessary to carry out this remove BPA from their product. They rate of pay fixed under this subsection may Act, to remain available until expended. must submit a plan to remove BPA, exceed the equivalent of that payable for a SEC. 13. TERMINATION. and their product must be labeled as position at level V of the Executive Schedule (a) IN GENERAL.—The authority provided to under section 5316 of that title. the Commission by this Act terminates on containing BPA. (2) PERSONNEL AS FEDERAL EMPLOYEES.— the last day of the 180 day-period beginning The legislation also directs the Food (A) IN GENERAL.—The staff director and on the date on which the final report is sub- and Drug Administration to routinely any personnel of the Commission who are mitted under section 11(b). review the ‘‘List of Substances Gen- employees shall be employees under section (b) ADMINISTRATIVE ACTIVITIES BEFORE erally Regarded as Safe.’’ If new evi- 2105 of title 5, United States Code, for pur- TERMINATION.—During the 180-day period re- dence emerges that suggests a chem- poses of chapters 63, 81, 83, 84, 85, 87, 89, and ferred to in subsection (a), the Commission ical is not safe for use in a particular 90 of that title. may conclude the activities of the Commis- manner, it will be removed from the sion, including providing testimony to com- (B) MEMBERS OF COMMISSION.—Subpara- product. graph (A) does not apply to members of the mittees of Congress concerning reports of Commission. the Commission and disseminating the final Scientists have raised alarms regard- (b) DETAILEES.— report of the Commission. ing BPA for some time. It is an endo- (1) IN GENERAL.—Any Federal Government crine disruptor, mimicking estrogen employee may be detailed to the Commission By Mrs. FEINSTEIN (for herself when it is exposed to a cell. without reimbursement from the Commis- and Mr. SCHUMER): Scientists at Stanford University ac- sion. S. 593. A bill to ban the use of cidentally discovered BPA’s estrogen- (2) RIGHTS.—The detailee shall retain the bisphenol A in food containers, and for mimicking effects in 1993. A mys- rights, status, and privileges of the regular other purposes; to the Committee on terious estrogen-like chemical skewed employment of the detailee without inter- ruption. Health, Education, Labor and Pen- results of their lab work, and they fi- (c) CONSULTANT SERVICES.—The Commis- sions. nally realized that BPA was leaching sion may procure the services of experts and Mrs. FEINSTEIN. Mr. President, I from laboratory flasks. consultants in accordance with section 3109 rise to introduce legislation to ban We know that BPA is found in almost of title 5, United States Code, but at rates Bisphenol A, BPA, from food and drink everyone. Data from the National not to exceed the daily rate paid a person oc- containers. I am pleased to be working Health and Nutrition Survey, cupying a position at level IV of the Execu- with Congressman MARKEY on this NHANES, conducted by the Centers for tive Schedule under section 5315 of that title. issue, and he will be introducing iden- Disease Control found BPA in the bod- SEC. 9. COMPENSATION; TRAVEL EXPENSES. (a) COMPENSATION.—Each member of the tical legislation in the House. I would ies of 92.6 percent of the people sur- Commission may be compensated at not to also like to thank my colleague Sen- veyed. The study did not examine the exceed the daily equivalent of the annual ator SCHUMER, who has agreed to co- exposure of children under 6. But it did rate of basic pay in effect for a position at sponsor this legislation. find that levels were highest in young level IV of the Executive Schedule under sec- I believe this is a good and necessary children, a troubling finding given that tion 5315 of title 5, United States Code, for bill. The science shows that BPA is exposure to BPA is potentially most each day during which the member is en- added to food and drink containers, and gaged in the actual performance of the du- dangerous during these critical early ties of the Commission. leaches into these foods and beverages, years of development. (b) TRAVEL EXPENSES.—While away from especially when heated in a plastic We know a major source of this expo- the home or regular place of business of a container. sure: the cans that contain our food,

VerDate Nov 24 2008 00:45 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.055 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3087 the containers we eat from, even the In September of last year, the Jour- before we know much about them. To baby bottles used to serve formula. nal of the American Medical Associa- be removed from the market, a chem- The Environmental Working Group tion, JAMA, published a study that ical must be proven to be exceedingly commissioned an independent lab to links BPA levels in people to several dangerous. study BPA in cans in 2007. They tested serious health problems. That means that while we wait for 97 cans of some of the most popular The study examined the BPA con- evidence of harm to develop, our chil- consumer products. Their findings will centrations found in 1455 adults who dren are using dangerous products, and alarm any consumer: 53 of the 97 cans participated in the 2003–2004 National possibly eating contaminated food. tested had detectable levels of BPA; 20 Health and Nutrition Examination I believe it should be the reverse. We of the 53 cans with BPA have high Survey, NHANES, a study which de- should follow the lead of the European enough levels that consuming that tected BPA in more than 90 percent of Union, and Canada, and remove chemi- canned product would expose a person Americans tested. Using this data, re- cals until we know them to be safe. We to levels near those that have been searchers linked higher BPA con- should not be waiting for proof of dan- found to impact laboratory rats; 1 in 10 centrations to adverse health affects, ger, which too often comes in the form cans contained enough BPA to expose a including: cardiovascular disease; type of birth defects, cancer, and other irre- pregnant woman or child to more than II diabetes; clinically abnormal con- versible health harms. 200 times the Government’s safe level. centrations of some liver enzymes. While we continue to work to change The same is true for 1 out of every 3 The Los Angeles Times reported on our regulatory system, the time has cans of infant formula. the study on September 17th, stating come to apply this precautionary prin- For women who regularly eat canned ‘‘that the quarter of the group with the ciple to BPA. Without question, there food, their exposure level throughout a highest BPA levels—levels still consid- is more scientific work to be done. But pregnancy may exceed safe doses. ered safe by the FDA—were more than we must not continue to expose our These are not exotic products, but twice as likely to suffer from diabetes citizens to these risks while we wait to the canned goods that are in pantries and cardiovascular disease as the quar- confirm BPA’s dangers beyond a rea- across this county: meal replacement ter with the lowest levels.’’ sonable doubt. shakes, canned soups, vegetables, and This is the first large scale study to The Canadian government has al- canned pastas, like ravioli. be done examining human exposure, ready taken this approach with BPA, Baby bottles are also a common ex- and I believe it must be taken very se- moving to eliminate polycarbonate posure source. Multiple studies have riously. baby bottles that contain Bisphenol A confirmed that many of the most pop- Industry continues to insist that last year. Canadian officials stated ular brands of baby bottles leach BPA. BPA is not harmful. But one study that because safe alternatives are read- A coalition of health and environ- shows us why we should be skeptical ily available, this ban is a prudent way mental groups, in their recent report about research coming from chemical to reduce risk for vulnerable infants. ‘‘Baby’s Toxic Bottle’’, identified sev- companies. Many large retailers and producers, eral popular brands of baby bottles In 2006, the journal Environmental including Toys ‘‘R’’ Us, Nalgene, and that leach BPA when heated: Avent; Research published an article com- Wal-Mart have agreed to no longer sell Disney, Dr. Brown’s, Evenflo; Gerber; paring the results of government fund- or produce baby bottles or plastic Playtex. ed studies into low dose exposure to water bottles containing BPA. And just Now every parent knows that milk last week, the leading manufacturers served to babies is often heated, at BPA with studies funded by the BPA industry. of baby bottles announced they would least to room temperature. And these no longer sell baby bottles made with bottles, when heated, leached between The results are astounding; 92 per- cent of the Government funded studies BPA. 5 and 8 parts per billion of BPA, a level This is great news. I commend them, that is within the range that has been found that exposure to BPA caused health problems in animals. but we should not be forced to rely on shown to cause harm in animal studies. retailers to product American con- We know that BPA is a hormone dis- However, none of the industry funded research identified any health prob- sumers from health hazards. rupting chemical, and may act like es- The Congress agreed with this pre- trogen when in the human body. While lems in animals exposed to low levels of BPA. cautionary approach and banned six the science is still emerging, research plasticizing chemicals, called is connecting Bisphenol A with a vari- This raises serious questions about the validity of the chemical industry’s phthalates, in legislation last year. ety of serious health effects. These in- Like BPA, phthalates have been linked clude: early onset of puberty; hyper- studies. It also illustrates why our Na- tion’s regulatory agencies should not to a variety of health problems in activity; lowered sperm count; mis- young children. Instead of doing noth- carriage. and cannot solely rely on chemical companies to conduct research into ing with the evidence mounts, Congress The chemical industry will try to re- chose to step in and protect children assure consumers that BPA is safe, and their products. The Food and Drug Administration from this risk. that studies have found these health ef- The time has come to do the same fects only in laboratory animals ex- agrees that the science is incomplete. The FDA’s Science Board released a re- with Bisphenol A. posed to BPA in high doses. Mr. President, I ask unanimous con- port in October 2008 that raised serious But new evidence that goes beyond sent that the text of the bill be printed questions about the previous FDA as- laboratory rat models is emerging. in the RECORD. Last year, researchers at the Yale sessments that found BPA to be safe. There being no objection, the text of In response, the FDA has asked for School of Medicine linked BPA to prob- the bill was ordered to be placed in the more studies and more research. More lems in brain function and mood dis- RECORD, as follows: research is fine, but I feel strongly that orders in monkeys, for the first time S. 593 we must not leave a dangerous chem- connecting the chemical to health Be it enacted by the Senate and House of Rep- problems in primates. ical on the market while scientists resentatives of the United States of America in The Yale scientists exposed monkeys learn exactly how dangerous it is. Congress assembled, to low levels of BPA, which the Envi- Sufficient evidence exists for us to SECTION 1. SHORT TITLE. ronmental Protection Agency, EPA, act now. I believe strongly in taking a This Act may be cited as the ‘‘Ban Poi- have deemed safe for humans. precautionary approach to our chem- sonous Additives Act of 2009’’. Researchers found that this chemical ical policy; people should be protected SEC. 2. BAN ON USE OF BISPHENOL A IN FOOD exposure interfered with brain cell con- from chemicals until we know that AND BEVERAGE CONTAINERS. nections vital to memory, learning and they are safe for use. (a) TREATMENT OF BISPHENOL A AS ADUL- There is a great deal wrong with the TERATING THE FOOD OR BEVERAGE.—For pur- mood. poses of applying section 402(a)(6) of the Fed- The researchers stated that the find- regulatory system in this country and eral Food, Drug, and Cosmetic Act (21 U.S.C. ings suggest that exposure to low-dose the way we address dangerous chemi- 342(a)(6)), a food container (which for pur- BPA may cause widespread effects on cals. Our system is essentially back- poses of this Act includes a beverage con- brain structure and function. wards. Chemicals are added to products tainer) that is composed, in whole or in part,

VerDate Nov 24 2008 00:45 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.064 S12MRPT1 jbell on PROD1PC69 with SENATE S3088 CONGRESSIONAL RECORD — SENATE March 12, 2009 of bisphenol A, or that can release bisphenol retary shall provide public notice and oppor- By Mr. CASEY (for himself and A into food (as defined for purposes of the tunity for comment. Ms. STABENOW): Federal Food, Drug, and Cosmetic Act), shall (3) REMEDIAL ACTION.—If, after conducting S. 594. A bill to require a report on be treated as a container described in such the review described in paragraph (1), the invasive agricultural pests and diseases section (relating to containers composed, in Secretary determines that, with regard to a and sanitary and phytosanitary bar- whole or in part, of a poisonous or delete- substance listed in such part 182, 184, or 186, rious substance which may render the con- new scientific evidence, including scientific riers to trade before initiating negotia- tents injurious to health). evidence showing that the substance causes tions to enter into a free trade agree- (b) EFFECTIVE DATES.— reproductive or developmental toxicity in ment, and for other purposes; to the (1) REUSABLE FOOD CONTAINERS.— humans or animals, supports— Committee on Finance. (A) DEFINITION.—In this Act, the term ‘‘re- (A) banning a substance; Mr. CASEY. Mr. President, I rise usable food container’’ means a reusable food (B) altering the conditions under which a today to introduce the Agriculture container that does not contain a food item substance may be introduced into interstate Smart Trade Act along with my col- when it is introduced or delivered for intro- commerce; or league Senator STABENOW. The goal of duction into interstate commerce. (C) imposing restrictions on the types of this legislation is to ensure that, as we products for which the substance may be (B) APPLICABILITY.—Subsection (a) shall consider the various free trade agree- apply to reusable food containers on the date used, the Secretary shall remove such substance ments that come before the Senate, we that is 180 days after the date of enactment are also looking at the big picture, in- of this Act. from the list of substances, direct food sub- (2) OTHER FOOD CONTAINERS.—Subsection stances, or indirect food substances gen- cluding the increased risk of acciden- (a) shall apply to food containers that are erally recognized as safe, as appropriate, and tally importing invasive pests or dis- packed with a food and introduced or deliv- shall take other remedial action, as nec- eases and the ability for American ag- ered for introduction into interstate com- essary. ricultural producers to access new ex- merce on or after the date that is 180 days (4) DEFINITION.—In this Act, the term ‘‘re- port markets once trade agreements after the date of enactment of this Act. productive or developmental toxicity’’ has are in effect. Our bill is supported by the meaning given such term in section (c) WAIVER.— 409(h)(6) of the Federal Food, Drug, and Cos- United Fresh, the national association (1) IN GENERAL.—The Secretary of Health of fruit and vegetable growers and and Human Services (referred to in this Act metic Act, as amended by section 3. (e) SAVINGS PROVISION.—Nothing in this processors, and the U.S. Apple Associa- as the ‘‘Secretary’’), after public notice and Act shall affect the right of a State, political opportunity for comment, may grant to any tion. subdivision of a State, or Indian Tribe to The bill does two things. First, it re- facility (as that term is defined in section 415 adopt or enforce any regulation, require- of the Federal Food, Drug, and Cosmetic Act quires the administration to send a re- ment, liability, or standard of performance port to Congress prior to the start of (21 U.S.C. 350d)) a waiver of the treatment that is more stringent than a regulation, re- described in subsection (a) for a certain type quirement, liability, or standard of perform- formal trade negotiations with a for- of food container, as used for a particular ance under this Act or that— eign nation detailing potential food product, if such facility— (1) applies to a product category not de- invasive pests and disease that could (A) demonstrates that it is not techno- scribed in this Act; or pose a risk to U.S. agriculture. Fur- logically feasible to replace Bisphenol A in (2) requires the provision of a warning of thermore, this report must identify such type of container for such particular risk, illness, or injury associated with the what additional agricultural inspectors food product; and use of food containers composed of bisphenol and other personnel are needed to pre- (B) submits to the Secretary a plan and A. timeline for removing Bisphenol A from such vent these pests and diseases from SEC. 3. AMENDMENTS TO SECTION 409 OF THE being brought into the United States. type of container for that food product. FEDERAL FOOD, DRUG, AND COS- (2) APPLICABILITY.—A waiver granted under METIC ACT. Second, the bill requires the adminis- paragraph (1) shall constitute a waiver of the Subsection (h) of section 409 of the Federal tration to disclose in the same report treatment described in subsection (a) for any Food, Drug, and Cosmetic Act (21 U.S.C. all sanitary and photosanitary, also facility that manufactures, processes, packs, 348(h)(1)) is amended— known as SPS, trade barriers that holds, or sells the particular food product for (1) in paragraph (1)— could unduly restrict export markets which the waiver was granted. (A) by striking ‘‘manufacturer or supplier for American commodities. What we (3) LABELING.—Any product for which the for a food contact substance may’’ and in- have seen in the past is that a trading Secretary grants such a waiver shall display serting ‘‘manufacturer or supplier for a food a prominent warning on the label that the contact substance shall’’; partner will raise SPS barriers to pre- container contains Bisphenol A, in a manner (B) by inserting ‘‘(A)’’ after ‘‘notify the vent American products from entering that the Secretary shall require, which man- Secretary of’’; their country. Some of these SPS bar- ner shall ensure adequate public awareness (C) by striking ‘‘, and of’’ and inserting ‘‘; riers are not grounded in science are of potential health effects associated with (B)’’; and simply non-tariff trade barriers. As the bisphenol-A. (D) by striking the period after ‘‘sub- Administration begins negotiations for (4) DURATION.— section (c)(3)(A)’’ and inserting ‘‘; (C) the de- a trade agreement, we all need to take (A) INITIAL WAIVER.—Any waiver granted termination of the manufacturer or supplier a look at what kinds of SPS issues we under paragraph (1) shall be valid for not that no adverse health effects result from have with potential trading partners. longer than 1 year after the applicable effec- low dose exposures to the food contact sub- tive date in subsection (b). stance; and (D) the determination of the Are their SPS concerns based in (B) RENEWAL OF WAIVER.—The Secretary manufacturer or supplier that the substance science? We need to be sure that once may renew any waiver granted under sub- has not been shown, after tests which are ap- an agreement is in effect, we will have paragraph (A) for a period of not more than propriate for the evaluation of the safety of access to those foreign markets as stip- 1 year. food contact substances, to cause reproduc- ulated in the trade agreement. (d) LIST OF SUBSTANCES THAT ARE GEN- tive or developmental toxicity in man or I want to be very clear that this bill ERALLY RECOGNIZED AS SAFE.— animal.’’; and does not in any way limit the Presi- (1) REVIEW.—The Secretary, acting through (2) by striking paragraph (6) and inserting dent’s authority to negotiate trade the Commissioner of Food and Drugs, shall, the following: agreements under Fast-Track, nor does not later than 1 year after enactment of this ‘‘(6) In this section— it prevent trade legislation from being Act and not less than once every 5 years ‘‘(A) the term ‘food contact substance’ thereafter, review— means any substance intended for use as a considered by the Congress. What this (A) the substances that are generally rec- component of materials used in manufac- bill does is provide the Senate and the ognized as safe, listed in part 182 of title 21, turing, packing, packaging, transporting, or House of Representatives with a more Code of Federal Regulations (or any suc- holding food if such use is not intended to complete picture of what potential cessor regulations); have any technical effect in such food; and trade agreements involve beyond the (B) the direct food substances affirmed as ‘‘(B) the term ‘reproductive or develop- obvious import and export quotas. generally recognized as safe, listed in part mental toxicity’ means biologically-adverse Regardless of how any senator feels 184 of title 21, Code of Federal Regulations effects on the reproductive systems of female about the free trade agreements that (or any successor regulations); and or male humans or animals, including alter- we review and debate, I think all of my (C) the indirect food substances affirmed as ations to the female or male reproductive generally recognized as safe, listed in part system development, the related endocrine colleagues will agree with me that in- 186 of title 21, Code of Federal Regulations system, fertility, pregnancy, pregnancy out- creased international trade means an (or any successor regulations). comes, or modifications in other functions increased risk of importing bugs and (2) PUBLIC COMMENT.—In conducting the re- that are dependent on the integrity of the re- diseases that have the potential to dev- view described in paragraph (1), the Sec- productive system.’’. astate our food sources, jeopardize the

VerDate Nov 24 2008 00:45 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.058 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3089 livelihoods of our farmers, and cost our (3) SANITARY AND PHYTOSANITARY MEAS- SUBMITTED RESOLUTIONS states a fortune. We need to acknowl- URE.—The term ‘‘sanitary and phytosanitary edge the risk and put in place the best measure’’ has the meaning given that term safeguards we can to prevent the acci- in the Agreement on the Application of Sani- SENATE RESOLUTION 74—EX- dental introduction of these harmful tary and Phytosanitary Measures of the PRESSING THE SENSE OF THE pests. World Trade Organization referred to in sec- SENATE ON THE IMPORTANCE tion 101(d)(3) of the Uruguay Round Agree- I am not merely speculating about OF STRENGTHENING BILATERAL ments Act (19 U.S.C. 3511(d)(3)). the risk of invasive pests and disease. RELATIONS IN GENERAL, AND It is a fact that all of our states are SEC. 3. REQUIREMENT FOR REPORTS BEFORE INVESTMENT RELATIONS SPE- battling insects and crop diseases and INITIATING NEGOTIATIONS TO CIFICALLY, BETWEEN THE ENTER INTO FREE TRADE AGREE- UNITED STATES AND BRAZIL dreading the next outbreak. MENTS. Most recently in Pennsylvania we Mr. LUGAR submitted the following discovered that the western part of our (a) IN GENERAL.—Not later than 90 days be- resolution; which was referred to the state is infested with the Emerald Ash fore the date on which the President initi- Committee on Foreign Relations: Borer, an invasive beetle that was ates formal negotiations with a foreign coun- S. RES. 74 accidently imported to the U.S. try to enter into a free trade agreement with Whereas the United States and Brazil through Detroit via wooden shipping that country, the President shall submit to enjoy a longstanding economic partnership Congress a report on— pallets from China. This beetle is cost- sustained by robust trade, investment, and (1) invasive agricultural pests or diseases ing our commercial nursery growers energy cooperation; in that country; and Whereas investment in and by Brazil pro- millions of dollars in lost stock. Sen- (2) sanitary or phytosanitary measures im- motes economic growth, generates greater ator Stabenow knows better than any- posed by the government of that country on wealth and employment, strengthens the one how much money, time and other goods imported into that country. manufacturing and services sectors, and en- resources the Ash Borer has cost the hances research, technology, and produc- (b) CONTENTS OF REPORT.—The report re- states of Michigan, Illinois, Indiana, tivity; quired under subsection (a) shall include the Whereas the United States is the largest Ohio, and Pennsylvania. But that’s just following: one example. Orange growers in Flor- direct investor abroad, with total world-wide (1) INVASIVE AGRICULTURAL PESTS AND DIS- investments of $2,800,000,000,000 in 2007; ida have spent the past decade fighting EASES.—With respect to any invasive agri- Whereas the United States has historically to contain and eradicate citrus canker, cultural pests or diseases in the country been the largest direct investor in Brazil, in- an invasive disease that causes citrus with which the President intends to nego- vesting a total of $41,600,000,000 in 2007; trees to produce less and less fruit tiate a free trade agreement— Whereas the sound economic policy of the until they prematurely die. And Cali- (A) a list of all invasive agricultural pests Government of Brazil was given an invest- fornia and Texas have dealt with ex- and diseases in that country; ment-grade rating by 2 of the 3 major invest- pensive eradication programs to deal (B) a list of agricultural commodities pro- ment rating agencies in 2008; Whereas the United States is the largest with the Mediterranean fruit fly or duced in the United States that might be af- fected by the introduction of such pests or recipient of direct investment in the world, ‘‘Med fly.’’ with total foreign direct investments of diseases into the United States; and The list goes on and on. There is not $2,100,000,000,000 in 2007; (C) a plan for preventing the introduction a single state that has not been im- Whereas the United States receives direct pacted by invasive pests or diseases. So into the United States of such pests and dis- investment from Brazil, including a total of eases, including an estimate of— $1,400,000,000 in 2007; I hope that my colleagues will support (i) the number of additional inspectors, of- the Agriculture Smart Trace Act, and Whereas Brazil is the only country with a ficials, and other personnel necessary to pre- gross national product of more than help us make smart decisions that will vent such introduction and the ports of entry $1,000,000,000,000 with which the United protect our growers and our economy at which the additional inspectors, officials, States does not have a bilateral tax treaty; while opening new export markets. Be- and other personnel will be needed; and Whereas Brazil is the 4th largest investor cause that is what this bill is about— (ii) the total cost of preventing such intro- in United States Treasury securities, which smart trade. duction. are important to the health of the United Mr. President, I ask unanimous con- (2) SANITARY AND PHYTOSANITARY MEAS- States economy; sent that the text of the bill be printed URES.—With respect to sanitary or Whereas Brazil ranked 3rd among other countries in the number of corporations list- in the RECORD. phytosanitary measures imposed by the gov- ed on the New York Stock Exchange in 2008, There being no objection, the text of ernment of the country with which the President intends to negotiate a free trade with 31 corporations listed; the bill was ordered to be placed in the Whereas a bilateral tax treaty between the agreement on goods imported into that coun- RECORD, as follows: United States and Brazil would enhance the try— partnerships between investors in the United S. 594 (A) a list of any such sanitary and Be it enacted by the Senate and House of Rep- States and Brazil and benefit small and me- phytosanitary measures that may affect the dium-sized enterprises in both the United resentatives of the United States of America in exportation of agricultural commodities Congress assembled, States and Brazil; from the United States to that country; Whereas a bilateral tax treaty between SECTION 1. SHORT TITLE. (B) an assessment of the status of any peti- Brazil and the United States would promote This Act may be cited as the ‘‘Agriculture tions filed by the United States with the a greater flow of investment between Brazil Smart Trade Act’’. government of that country requesting that and the United States by creating the cer- SEC. 2. DEFINITIONS. that country allow the importation into that tainty that comes with a commitment to re- In this Act: country of agricultural commodities pro- duce taxation and eliminate double taxation; (1) FREE TRADE AGREEMENT.—The term duced in the United States; Whereas the Brazil-U.S. Business Council ‘‘free trade agreement’’ means a trade agree- (C) an estimate of the economic potential and the U.S.-Brazil CEO Forum have worked ment entered into with a foreign country for the exportation of agricultural commod- to advance a bilateral tax treaty between the that provides for— ities produced in the United States to that United States and Brazil; (A) the reduction or elimination of duties, country if the free trade agreement enters Whereas the Senate intends to closely import restrictions, or other barriers to or into force; and monitor the progress on treaty negotiations distortions of trade between the United (D) an assessment of the effect of sanitary and hold a periodic dialogue with officers of States and the foreign country; or and phytosanitary measures imposed or pro- the Department of the Treasury; and (B) the prohibition of or limitation on the Whereas the United States and Brazil will posed to be imposed by the government of imposition of such barriers or distortions. greatly benefit from deeper political and eco- that country on the economic potential de- (2) INVASIVE AGRICULTURAL PESTS AND DIS- nomic ties: Now, therefore, be it EASES.—The term ‘‘invasive agricultural scribed in subparagraph (C). Resolved, That it is the sense of the Senate pests and diseases’’ means agricultural pests that— and diseases, as determined by the Secretary (1) the United States Government and the of Agriculture— Government of Brazil should continue to de- (A) that are not native to ecosystems in velop their partnership; and the United States; and (2) the Secretary of the Treasury should (B) the introduction of which causes or is pursue negotiations with officials of the Gov- likely to cause economic or environmental ernment of Brazil for a bilateral tax treaty harm or harm to human health. that—

VerDate Nov 24 2008 00:45 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.060 S12MRPT1 jbell on PROD1PC69 with SENATE S3090 CONGRESSIONAL RECORD — SENATE March 12, 2009 (A) is consistent with the existing tax trea- mation of the Senate and the public sources be authorized to meet during ty practices of the United States Govern- that a hearing has been scheduled be- the session of the Senate to conduct a ment; and fore the Senate Committee on Energy hearing on Thursday, March 12, 2009, at (B) reflects modern, internationally recog- and Natural Resources. The hearing 2:30 p.m., in room SD–366 of the Dirk- nized tax policy principles. will be held on Thursday, March 19, sen Senate Office Building. f 2009, at 9:30 a.m., in room SD–366 of the The PRESIDING OFFICER. Without SENATE RESOLUTION 75—COM- Dirksen Senate Office Building. objection, it is so ordered. MEMORATING THE 150TH ANNI- The purpose of the hearing is to re- COMMITTEE ON FINANCE VERSARY OF THE FOUNDING OF ceive testimony on the Appliance Mr. LEAHY. Mr. President, I ask THE PHILADELPHIA ZOO: AMER- Standards Improvement Act of 2009. unanimous consent that the Com- ICA’S FIRST ZOO Because of the limited time available mittee on Finance be authorized to Mr. SPECTER (for himself and Mr. for the hearing, witnesses may testify meet during the session of the Senate by invitation only. However, those CASEY) submitted the following resolu- on Thursday, March 12, 2009, at 10 a.m., tion; which was considered and agreed wishing to submit written testimony in room 215 of the Dirksen Senate Of- to: for the hearing record may do so by fice Building. sending it to the Committee on Energy The PRESIDING OFFICER. Without S. RES. 75 and Natural Resources, United States objection, it is so ordered. Whereas Dr. William Camac, a legendary Senate, Washington, D.C. 20510–6150, or Philadelphia physician, led a concerned com- COMMITTEE ON INDIAN AFFAIRS munity of citizens, educators, and scientists by e-mail to Rose- Mr. LEAHY. Mr. President, I ask to charter the Zoological Society of Phila- [email protected]. unanimous consent that the Com- delphia—America’s First Zoo—on March 21, For further information, please con- mittee on Indian Affairs be authorized 1859, housed on a bucolic, 44-acre property in tact Allen Stayman at (202) 224–7865 or to meet on Thursday, March 12, 2009 at Fairmount Park along the West Bank of the Rosemarie Calabro at (202) 224–5039. 9:30 a.m. in room 628 of the Dirksen Schuylkill River; f Whereas the Philadelphia Zoo has emerged Senate Office Building. The PRESIDING OFFICER. Without over the past century as a national and glob- AUTHORITY FOR COMMITTEES TO objection, it is so ordered. al treasure and as one of Philadelphia’s most MEET cherished, enduring, and significant edu- COMMITTEE ON THE JUDICIARY cational, scientific, and conservation insti- COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. LEAHY. Mr. President, I ask tutions and cultural attractions; AFFAIRS unanimous consent that the Senate Whereas the Philadelphia Zoo was the site Mr. LEAHY. Mr. President, I ask Committee on the Judiciary be author- for breakthrough research that led to the unanimous consent that the Com- award of the 1976 Nobel Prize for Medicine; ized to meet during the session of the mittee on Banking, Housing, and Senate, to conduct an executive busi- Whereas since its inception, the Philadel- Urban Affairs be authorized to meet phia Zoo, through its myriad research and ness meeting on Thursday, March 12, curatorial activities, has consistently and during the session of the Senate on 2009, at 10 a.m. in room SD–226 of the successfully protected, promoted, and pre- March 12, 2009 at 10 a.m. Dirksen Senate Office Building. served numerous rare and endangered wild- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without life species around the world; objection, it is so ordered. objection, it is so ordered. Whereas since its landmark gates opened COMMITTEE ON COMMERCE, SCIENCE, AND COMMITTEE ON VETERANS’ AFFAIRS to the general public, the Philadelphia Zoo TRANSPORTATION Mr. LEAHY. Mr. President, I ask has welcomed more than 100,000,000 visitors, Mr. LEAHY. Mr. President, I ask including millions of school children from unanimous consent that the Com- the greater Philadelphia community over unanimous consent that the Com- mittee on Veterans’ Affairs be author- generations; and mittee on Commerce, Science, and ized to meet during the session of the Whereas the Philadelphia Zoo’s sesqui- Transportation be authorized to meet Senate on Thursday, March 12, 2009. centennial on March 21, 2009 is an achieve- during the session of the Senate on The Committee will meet in room 106 ment of historic proportions for Philadel- Thursday, March 12, 2009, at 10 a.m., in of the Dirksen Senate Office Building phia, the Commonwealth of Pennsylvania, room 253 of the Russell Senate Office the United States, and the world conserva- beginning at 9:30 a.m. Building. The PRESIDING OFFICER. Without tion community: Now, therefore, be it The PRESIDING OFFICER. Without Resolved, That the Senate recognizes the objection, it is so ordered. objection, it is so ordered. 150th anniversary of the founding of the SELECT COMMITTEE ON INTELLIGENCE Philadelphia Zoo on March 21, 2009. COMMITTEE ON COMMERCE, SCIENCE, AND Mr. LEAHY. Mr. President, I ask TRANSPORTATION f unanimous consent that the Select Mr. LEAHY. Mr. President, I ask NOTICES OF HEARINGS Committee on Intelligence be author- unanimous consent that the Com- ized to meet during the session of the COMMITTEE ON ENERGY AND NATURAL mittee on Commerce, Science, and Senate on March 12, 2009 at 2:30 p.m. RESOURCES Transportation be authorized to meet The PRESIDING OFFICER. Without Mr. BINGAMAN. Mr. President, I during the session of the Session on objection, it is so ordered. would like to announce for the infor- Thursday, March 12, 2009, in room S– f mation of the Senate and the public 216. that a business meeting has been The PRESIDING OFFICER. Without PRIVILEGES OF THE FLOOR scheduled before Committee on Energy objection, it is so ordered. Mr. SPECTER. Mr. President, I ask and Natural Resources. The business COMMITTEE ON ENERGY AND NATURAL unanimous consent that Ronald Rowe, meeting will be held on Wednesday, RESOURCES a detailee with Senator HATCH, be March 18, 2009, at 9:30 a.m. immediately Mr. LEAHY. Mr. President, I ask granted the privilege of the floor for following the beginning of the Full unanimous consent that the Com- the remainder of the day. Committee Hearing, in room SD–366 of mittee on Energy and Natural Re- The PRESIDING OFFICER. Without the Dirksen Senate Office Building. sources be authorized to meet during objection, it is so ordered. The purpose of the Business Meeting the session of the Senate to conduct a Mr. HATCH. Mr. President, I ask is to consider the nomination of David hearing on Thursday, March 12, 2009, at unanimous consent that Ronald Rowe, J. Hayes, to be Deputy Secretary of the 9:30 a.m., in room SD–366 of the Dirk- a Secret Service detailee in my office, Interior. sen Senate Office Building. be granted floor privileges for the re- For further information, please con- The PRESIDING OFFICER. Without mainder of the first session of the 111th tact Sam Fowler at (202) 224–7571 or objection, it is so ordered. Congress. Amanda Kelly at (202) 224–6836. COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without COMMITTEE ON ENERGY AND NATURAL RESOURCES objection, it is so ordered. RESOURCES Mr. LEAHY. Mr. President, I ask Mr. WHITEHOUSE. Mr. President, I Mr. BINGAMAN. Mr. President, I unanimous consent that the Com- ask unanimous consent that the order would like to announce for the infor- mittee on Energy and Natural Re- for the quorum call be rescinded.

VerDate Nov 24 2008 00:45 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.061 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3091 The PRESIDING OFFICER (Mr. REPEAL OF THE BENNETT FREEZE public of Poland formally joined the North Atlantic Treaty Organization (NATO); BEGICH). Without objection, it is so or- Mr. WHITEHOUSE. Mr. President, I dered. Whereas, in March 2009, NATO will cele- ask unanimous consent that the Com- brate the 10-year anniversary of the acces- f mittee on Indian Affairs be discharged sion of the Czech Republic, Hungary, and Po- from further consideration of S. 39 and land as members of the alliance; AMENDING THE OMNIBUS INDIAN that the Senate proceed to its imme- Whereas representatives of the govern- ments of the Czech Republic, Hungary, and ADVANCEMENT ACT diate consideration. The PRESIDING OFFICER. Without Poland will be in attendance as NATO cele- brates its 60th anniversary at a summit to be Mr. WHITEHOUSE. Mr. President, I objection, it is so ordered. ask unanimous consent that the Com- held on April 4, 2009, in Germany and France; The clerk will report the title of the Whereas the security of the United States mittee on Indian Affairs be discharged bill. from further consideration of S. 338 and and its NATO allies have been enhanced by The legislative clerk read as follows: the integration of the Czech Republic, Hun- that the Senate proceed to its imme- gary, and Poland into the NATO alliance; diate consideration. A bill (S. 39) to repeal section 10(f) of Pub- lic Law 93–531, commonly known as the Ben- Whereas the Czech Republic, Hungary, and The PRESIDING OFFICER. Without nett Freeze. Poland have been integral to the NATO mis- objection, it is so ordered. sion of promoting a Europe that is whole, There being no objection, the Senate The clerk will report the title of the undivided, free, and at peace; proceeded to consider the bill. bill. Whereas the membership of the Czech Re- Mr. WHITEHOUSE. Mr. President, I The legislative clerk read as follows: public, Hungary, and Poland has strength- ask unanimous consent that the bill be ened the ability of NATO to perform a full A bill (S. 338) to amend the Omnibus Indian read a third time and passed, the mo- range of missions throughout the world; Advancement Act to modify the date as of Whereas the Czech Republic, Hungary, and which certain tribal land of the Lytton tion to reconsider be laid upon the table, and that any statements related Poland continue to provide crucial support Rancheria of California is deemed to be held and participation in the NATO International to the bill be printed in the RECORD. in trust and to provide for the conduct of Security Assistance Force in Afghanistan, as certain activities on the land. The bill (S. 39) was ordered to be en- NATO struggles to help the people of Af- There being no objection, the Senate grossed for a third reading, was read ghanistan create the conditions necessary proceeded to consider the bill. the third time, and passed, as follows: for security and successful development and Mr. WHITEHOUSE. Mr. President, I S. 39 reconstruction; ask unanimous consent that the bill be Be it enacted by the Senate and House of Rep- Whereas the Czech Republic, Hungary, and read a third time and passed, the mo- resentatives of the United States of America in Poland helped support NATO efforts to sta- Congress assembled, bilize and secure the Balkans region by con- tion to reconsider be laid upon the tributing to the NATO-led Kosovo Force; table, with no intervening action or de- SECTION 1. REPEAL OF THE BENNETT FREEZE. Whereas the Czech Republic, Hungary, Po- bate, and that any statements related Section 10(f) of Public Law 93–531 (25 U.S.C. land, and all NATO members share a strong to the bill be printed in the RECORD. 640d–9(f)) is repealed. mutual commitment to defense, regional se- The PRESIDING OFFICER. Without f curity, development, and human rights, objection, it is so ordered. throughout Europe and beyond; and The bill (S. 338) was ordered to be en- COMMEMORATING 10-YEAR ANNI- Whereas the Czech Republic, Hungary, and grossed for a third reading, was read VERSARY OF CZECH REPUBLIC, Poland have done much to help NATO meet the global challenges of the 21st century, in- the third time, and passed, as follows: REPUBLIC OF HUNGARY, AND REPUBLIC OF POLAND AS MEM- cluding the threat of terrorism, the spread of S. 338 BERS OF NATO weapons of mass destruction, instability Be it enacted by the Senate and House of caused by failed states, and threats to global Representatives of the United States of America Mr. WHITEHOUSE. Mr. President, I energy security: Now, therefore, be it in Congress assembled, ask unanimous consent that the For- Resolved, That the Senate— (1) celebrates the 10th anniversary of the SECTION 1. LYTTON RANCHERIA OF CALIFORNIA. eign Relations Committee be dis- accession of the Czech Republic, the Repub- Section 819 of the Omnibus Indian Ad- charged from further consideration of lic of Hungary, and the Republic of Poland as vancement Act (Public Law 106–568; 114 Stat. Senate Resolution 60, and that the Sen- members of the North Atlantic Treaty Orga- 2919) is amended— ate proceed to its immediate consider- nization (NATO); (1) in the first sentence, by striking ‘‘Not- ation. (2) congratulates the people of the Czech withstanding’’ and inserting the following: The PRESIDING OFFICER. Without Republic, Hungary, and Poland on their ac- ‘‘(a) ACCEPTANCE OF LAND.—Notwith- objection, it is so ordered. complishments as members of free democ- standing’’; racies and partners in European stability (2) in the second sentence, by striking The clerk will report the title of the and security; ‘‘The Secretary’’ and inserting the following: resolution. (3) expresses appreciation for the con- ‘‘(b) DECLARATION.—The Secretary’’; and The legislative clerk read as follows: tinuing and close partnership between the (3) by striking the third sentence and in- A resolution (S. Res. 60) commemorating United States Government and the Govern- serting the following: the 10-year anniversary of the accession of ments of the Czech Republic, Hungary, and ‘‘(c) TREATMENT OF LAND FOR PURPOSES OF the Czech Republic, the Republic of Hungary, Poland; and CLASS II GAMING.— and the Republic of Poland as members of (4) urges the United States Government to ‘‘(1) IN GENERAL.—Subject to paragraph (2), the North Atlantic Treaty Organization. continue to seek new ways to deepen and ex- notwithstanding any other provision of law, There being no objection, the Senate pand its important relationships with the the Lytton Rancheria of California may con- Governments of the Czech Republic, Hun- duct activities for class II gaming (as defined proceeded to consider the resolution. gary, and Poland. in section 4 of the Indian Gaming Regulatory Mr. WHITEHOUSE. Mr. President, I Act (25 U.S.C. 2703)) on the land taken into ask unanimous consent that the reso- f trust under this section. lution be agreed to, the preamble be COMMEMORATING THE FOUNDING ‘‘(2) REQUIREMENT.—The Lytton Rancheria agreed to, the motions to reconsider be OF THE PHILADELPHIA ZOO of California shall not expand the exterior laid upon the table, with no inter- Mr. WHITEHOUSE. Mr. President, I physical measurements of any facility on the vening action or debate, and any state- ask unanimous consent that the Sen- Lytton Rancheria in use for class II gaming ments related to the resolution be activities on the date of enactment of this ate now proceed to the consideration of printed in the RECORD. paragraph. S. Res. 75, which was submitted earlier The PRESIDING OFFICER. Without ‘‘(d) TREATMENT OF LAND FOR PURPOSES OF today. CLASS III GAMING.—Notwithstanding sub- objection, it is so ordered. The PRESIDING OFFICER. The section (a), for purposes of class III gaming The resolution (S. Res. 60) was agreed clerk will report the resolution by (as defined in section 4 of the Indian Gaming to. title. Regulatory Act (25 U.S.C. 2703)), the land The preamble was agreed to. The legislative clerk read as follows: taken into trust under this section shall be The resolution, with its preamble, A resolution (S. Res. 75) commemorating treated, for purposes of section 20 of the In- reads as follows: dian Gaming Regulatory Act (25 U.S.C. 2719), the 150th anniversary of the founding of the as if the land was acquired on October 9, 2003, S. RES. 60 Philadelphia Zoo: America’s first zoo. the date on which the Secretary took the Whereas, on March 12, 1999, the Czech Re- There being no objection, the Senate land into trust.’’. public, the Republic of Hungary, and the Re- proceeded to consider the resolution.

VerDate Nov 24 2008 01:42 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.055 S12MRPT1 jbell on PROD1PC69 with SENATE S3092 CONGRESSIONAL RECORD — SENATE March 12, 2009 Mr. WHITEHOUSE. Mr. President, I APPOINTMENTS percent. That is what we are spending ask unanimous consent that the reso- The PRESIDING OFFICER. The on everything. We have gone from 8 lution be agreed to, the preamble be Chair, on behalf of the President pro percent to 27.7 percent. That is going agreed to, and the motions to recon- tempore, pursuant to provisions of to start to slide down. In 2012, the sider be laid upon the table. Public Law 106–79, appoints the fol- President says to us, don’t worry, we The PRESIDING OFFICER. Without lowing Senator to the Dwight D. Eisen- are going to reduce the deficit spending objection, it is so ordered. hower Memorial Commission: The Sen- by 50 percent. Look at this, it con- tinues to spend out at this point, and The resolution (S. Res. 75) was agreed ator from Utah, Mr. BENNETT. to. The Chair, on behalf of the majority by 2016—I have not shown it on the The preamble was agreed to. leader, pursuant to the provisions of chart, but it just keeps going. We just The resolution, with its preamble, Public Law 99–93, as amended by Public cannot keep going that way. That is reads as follows: Law 99–151, appoints the following Sen- over half a trillion dollars a year we S. RES. 75 ators as members of the United States are borrowing to run the Government. To complete what I call the triple Whereas Dr. William Camac, a legendary Senate Caucus on International Nar- whammy to our national debt, the ad- Philadelphia physician, led a concerned com- cotics Control: the Honorable CHARLES munity of citizens, educators, and scientists ministration adds to the stimulus and E. SCHUMER, of New York, and the Hon- to charter the Zoological Society of Phila- omnibus a new 10-year budget where orable SHELDON WHITEHOUSE, of Rhode delphia—America’s First Zoo—on March 21, the lowest deficit for a single year is 1859, housed on a bucolic, 44-acre property in Island. larger than any annual deficit from the The PRESIDING OFFICER. The Sen- Fairmount Park along the West Bank of the end of World War II. Schuylkill River; ator from Ohio is recognized. In fact, President Obama’s smallest Mr. VOINOVICH. Mr. President, I ask Whereas the Philadelphia Zoo has emerged deficit is larger than President Bush’s over the past century as a national and glob- unanimous consent that I be allowed to largest deficit. And that is true despite al treasure and as one of Philadelphia’s most speak for up to 30 minutes. proposing the largest tax increase in cherished, enduring, and significant edu- The PRESIDING OFFICER. Without American history, including a new en- cational, scientific, and conservation insti- objection, it is so ordered. tutions and cultural attractions; ergy tax that will expose the false Whereas the Philadelphia Zoo was the site f claim that we will not raise taxes on for breakthrough research that led to the ENTITLEMENT AND TAX CODE the middle class. This $646 billion tax award of the 1976 Nobel Prize for Medicine; REFORM increases will affect rich, poor and Whereas since its inception, the Philadel- middle class alike. Yet future genera- phia Zoo, through its myriad research and Mr. VOINOVICH. Mr. President, I rise today to call attention to what I tions will still be burdened with higher curatorial activities, has consistently and debt. So we have gone from—and I am successfully protected, promoted, and pre- refer to as the irresponsible and reck- served numerous rare and endangered wild- less fiscal path we find ourselves on as not proud of some Republican years, life species around the world; a nation and to urge my colleagues to what we did. As I used to say, the Whereas since its landmark gates opened act now to take the first step toward Democrats tax and spend; the Repub- to the general public, the Philadelphia Zoo meaningful, comprehensive tax and en- licans spent and borrowed. Now we has welcomed more than 100,000,000 visitors, titlement reform. have gone to spend, borrow, and tax. including millions of school children from In spite of all of that, we are going to On Tuesday night, we gathered here the greater Philadelphia community over have these gigantic deficits as far as we to cast our votes on the Omnibus Ap- generations; and can see in this country. Simply put, propriations Act of 2009. I could not Whereas the Philadelphia Zoo’s sesqui- our spending is out of control. We are centennial on March 21, 2009 is an achieve- vote for this bill because it ignores the spending and funding more money at a ment of historic proportions for Philadel- fiscal realities we find ourselves in time when we should be finding ways phia, the Commonwealth of Pennsylvania, today. This omnibus bill, which in- to work harder and smarter and do the United States, and the world conserva- cludes $408 billion in nonemergency more with less. I know a little bit tion community: Now, therefore, be it spending, is 8 percent larger than it Resolved, That the Senate recognizes the about this, because I took over Cleve- should be. Some agencies in the bill are 150th anniversary of the founding of the land, the first city to go into default in Philadelphia Zoo on March 21, 2009. set to get a 40-percent increase in fund- the depression of 1979. We were in deep ing. From my experience as a former f trouble. I took over the State of Ohio. Governor of Ohio and the mayor of the We were $1.5 billion in debt at that GREATER WASHINGTON SOAP BOX city of Cleveland, I do not believe those DERBY RACES time. We had to cut the budget four agencies have the capacity to spend times, and ultimately had to increase Mr. WHITEHOUSE. Mr. President, I that kind of money. This adds to the taxes in the margin. I know what this ask unanimous consent that the Sen- $787 billion stimulus bill that was is about. ate now proceed to the immediate con- passed last month. It increases the al- But nobody is talking about ‘‘work- sideration of H. Con. Res. 37, which was ready staggering $10.9 trillion national ing harder and smarter’’ or ‘‘doing received from the House. debt and continues to expand the size more with less.’’ If you look at the The PRESIDING OFFICER. The of the Government at what has become stimulus, we spent $787 billion, and clerk will report the concurrent resolu- an alarming rate. now some congressional leaders are tion by title. As you can see from this chart, Fed- talking about putting together a sec- The legislative clerk read as follows: eral spending as a percentage of GDP ond package. I cannot believe it. We A concurrent resolution (H. Con. Res. 37) averaged just under 20 percent under cannot continue down this path. authorizing the use of the Capitol Grounds President Bush. This year, under Presi- It is our responsibility to make budg- for the Greater Washington Soap Box Derby. dent Obama, it will reach almost 28 eting decisions based on our Nation’s There being no objection, the Senate percent, and his administration fiscal situation and to take into con- proceeded to consideration of the con- projects that it will average out to sideration the impact it is having on current resolution. over 23 percent across two terms. In others but, more importantly, on our Mr. WHITEHOUSE. Mr. President, I other words, I came to the Senate in children and grandchildren. Over the ask unanimous consent that the con- 1999, and this is what we were spending, past year, we have been hit by an eco- current resolution be agreed to, the totally, on Medicare, Medicaid, all the nomic avalanche that started in hous- motion to reconsider be laid upon the other appropriations. Then, as you see, ing, quickly spread to the financial and table, with no intervening action or de- it started to go up. We have to be hon- credit markets, then continued onward bate, and any statements be printed in est, that is where we started to borrow to every corner of the economy and the RECORD. money because we were not taking in across the world. The PRESIDING OFFICER. Without enough money to pay for it, so we We have taken steps over the past objection, it is so ordered. started to have deficits. Then, under months to dig out of the avalanche. The concurrent resolution (H. Con. Bush, it started to go up some more. But we have not reinforced our tax and Res. 37) was agreed to. Here we are in 2009. You can see that entitlement system’s crumbling foun- The preamble was agreed to. the size of the Government is up to 27.7 dation. In other words,—I have been

VerDate Nov 24 2008 00:45 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.058 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3093 talking about this for 8 years—we need Labor Statistics, the median income of U.S. Treasurys, Katey bar the door. to have tax reform and entitlement re- for an Ohio family in 2007 for one earn- Borrowing hundreds of billions of dol- form. Now all of this other stuff has hit er was $40,000. That means each per- lars from China and OPEC nations not us, but the fact of the matter is, that is son’s share of the national debt is more only puts our economy but our na- still there. We need tax reform. We than many hard-working Ohioans tional security at risk. We have to need entitlement reform. And that is make in an entire year. make sure other countries do not con- why, despite the enormity of the legis- Alarmingly, these figures did not trol our debt. lation passed over the past month, even count our accumulated long-term One of the things I pointed out—and there is still a sense of great anxiety financial obligations: Medicare, Med- the Presiding Officer understands on Main Street and my street. I still icaid, Social Security, which grew $2.5 this—is that we have to become more live in the house that Janet and I trillion last year as a result of the in- oil independent. We have a situation bought in 1972. I am with real people creases in the costs of Medicare and today where somebody else controls every day. They are very concerned Social Security benefits. the supply, the cost, and they are buy- about the future. They get it. The baby boomers are here. They are ing our debt. If I control the supply and The stimulus and omnibus has caused coming on. If we include those num- the cost and then I am paying for your everyone who paid attention to say: bers, taxpayers are on the hook for a debt, I put you out of business. That is My God, we have to do something to record $57 trillion in Federal liabilities just a fact of life. We have to wake up get back on firm fiscal footing. They to cover the lifetime benefits of every- to the fact that we cannot rely on know that unless we fix our tax and en- one eligible for Medicare, Social Secu- these other countries to take care of titlement system we might as well be rity, and other Government programs. this debt. We cannot continue to live in flying a kamikaze plane. That is nearly $500,000 per household. the United States of denial. When I arrived in the Senate in 1999, Now, it does not take an economist In 2006, I sent a letter to President gross Federal debt stood at $5.6 trillion to realize that of course we cannot Bush urging him to take on com- or 16 percent of GDP. The Obama ad- keep going. As our former Comptroller prehensive tax and entitlement reform. ministration recently projected the na- General and head of the Government I ask unanimous consent to have that tional debt to more than double, to Accountability Office said, we are fac- letter printed in the RECORD. $12.7 trillion by the end of fiscal year ing a fiscal timebomb. We must come There being no objection, the mate- 2009. That would amount to a 126-per- to terms with the fact that the U.S. rial was ordered to be printed in the cent increase compared with only a 56- Government is the worst credit card RECORD, as follows: U.S. SENATE, percent increases in the gross domestic abuser in the world, and it is time that Washington, DC, December 4, 2006. product during the same 10-year period. we came to terms with the fiscal reali- The PRESIDENT, From 2008 to 2009 alone, the Federal ties of 2009. The White House, debt would increase 27 percent, boost- We cannot continue to heap debt on Washington, DC. ing the country’s debt-to-income ratio the backs of our children and grand- DEAR PRESIDENT BUSH: I am respectfully or national debt as a percentage of our children without a second thought. Lip writing to encourage you to take the lead on gross domestic product from 74 percent service from Congress and the adminis- pursuing fundamental tax reform as we begin tration is not going to get the job done. the 110th Congress in January. You have an last year to 89 percent this year. historic opportunity, through fundamental The Pacman. Here it was in 1999. Fed- Recently, the Office of Management tax reform, to transform the U.S. economy eral debt. And it is up to 70. We are now and Budget Director, Peter Orszag, in a manner that will make our nation up to 89 percent. I think there are still spoke to a group of bipartisan Senators stronger and more prosperous for genera- some people who understand Pacman. who have breakfast regularly to talk tions. In so doing, you will cement your do- When I was Governor of Ohio, I used to about some of the problems. mestic policy legacy, I urge you to carry the say that Medicaid—I am sure the Pre- He pointed out that as we are con- banner of tax reform. fronted with the economic tsunami hit- In 1984, President Ronald Reagan declared siding Officer understands that Med- to the American people that the tax code icaid is the Pacman that kept eating ting our country, we are lucky our in- was fundamentally unfair, and that he was up the budgets in your State. terest rates are very low, because going to reform it. President Reagan held his Under the Obama budget, though, at many investors in America and around belief in the unjustness of the tax code deep 2017, for the first time since 1947 when the world are parking their money in in his heart. He knew that hundreds of tar- we were paying down our World War II Treasury bills. geted tax subsidies for the benefit of power- debt, the national debt will be larger Mr. Orszag continued on to say, we ful interests forced average Americans to than the size of the entire American cannot expect that rate of borrowing to pay higher marginal rates and reduced eco- nomic growth. He saw tax reform not as a re- economy. last, and it is imperative we take ad- treat from his 1981 tax relief agenda, but At that point, we will be too fat and vantage of this phenomena now before rather as a logical continuation and en- out of shape to escape from our credi- foreign markets and our people demand hancement of that agenda. The Tax Reform tors around the world. That is what it more interest for their investment in Act of 1986 was the culmination of the quest is going to look like. In 2017, it is more the U.S. debt. he began in 1981. to create a tax code with than 100 percent of our gross domestic I could not agree more. We cannot low marginal rates that raised the necessary product. Think of that. Today, if we rely on luck and foreign investors. revenue to fund the government with the are candid with the American people, When I met with Larry Summers, Mar- least possible interference in our free market economy. when you consider the TARP, the stim- tin Feldstein, and Larry Lindsay, they Likewise, fundamental tax reform that ulus package, and the money we con- say our current fiscal path is only sus- makes the tax code simple, fair, and pro- tinuously borrow from the Social Secu- tainable—listen to this—as long as the growth could serve as the third and final rity trust fund, we are facing a pro- Japanese, the Chinese, and the OPEC phase of the project you began in 2001 and jected budget deficit of $1.9 trillion, and others have confidence that we are continued in 2003. You do not have to choose which is more than four times the re- going to pay back our debt. And, boy, between making the 2001 and 2003 tax relief permanent and reforming the tax code. The ported 2008 deficit of $455 billion as a are they watching whether we are latter idea is a complement to, not a compet- share of the economy. going to do anything about tax reform itor with, the former idea. We live in a 21st The 2009 deficit will become the larg- and entitlement reform. century global economy, but we suffer from est recorded deficit since World War II. Now, this has serious implications. a tax code designed for the 20th century. Last June when I spoke here on the Foreign creditors have provided more Small businesses—the engines of job cre- floor of this fiscal crisis, I pointed out than 70 percent of the funds that the ation—are overwhelmed by complexity. In that our national debt was $9.4 trillion, United States has borrowed since 2001— many cases, neighborhood businesses are and the per capita debt, each Ameri- 70 percent. forced to comply with the same convoluted Today 50 percent, 51 percent of the rules as multinational corporations. Our can’s share of the national debt was international tax rules were designed in an $31,000, up from $20,000 in 1999. privately owned national debt is held era when the United States accounted for 50 This year, that figure will reach by foreigners. That is up from 37 per- percent of global economic output, and we $41,000. Let’s put that into perspective. cent just 6 years ago. If these foreign had no worries about other countries com- In 2009, according to the Bureau of investors lose confidence and pull out peting with us for jobs and capital. Now we

VerDate Nov 24 2008 00:45 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.061 S12MRPT1 jbell on PROD1PC69 with SENATE S3094 CONGRESSIONAL RECORD — SENATE March 12, 2009 live in the most competitive global economy actively participating), and other senators tion in taxes on dividends is going to we have known. We have redesigned social have expressed interest in working with us. evaporate in 2010. Why don’t we take programs as targeted tax breaks with com- For example, Senator Ron Wyden, who has this opportunity to look at tax reform plex eligibility criteria and restrictions, introduced his own tax reform legislation, and look at those things that are going completely baffling ordinary families who has shown tremendous enthusiasm for orga- cannot obtain the benefits of these provi- nizing a bipartisan Senate effort on tax re- to encourage people to save and keep sions because they are too complicated to form. the economy going? understand. The American people are ready for tax re- Frankly, those three things might be Mr. President, you and I have been advo- form. Unlike Social Security, no one defends wonderful in that regard. But you can’t cates for tax reform for years. In 2003, I at- the current tax code. Without your leader- have it unless you make it up with tached an amendment to the Jobs and ship, however, the incoming congressional some other taxes that are the least Growth Tax Relief Reconciliation Act that majority likely will propose their own hurtful to savings and the economy. would have created a blue ribbon commis- version of ‘‘reform’’—but you and I both Since the last major tax reform in sion to study fundamental tax reform. The know it will not be true reform. They will amendment was adopted by voice vote, but provide new middle class tax breaks and pay 1986, we have added over 15,000 new pro- later was removed in conference committee. for then by raising marginal tax rates on visions in the Internal Revenue Code. At the 2004 Republican National Convention, high-income taxpayers and businesses. They Last year alone, we passed 500 changes you announced that fundamental tax reform will challenge congressional Republicans to in the Tax Code. It is no wonder why would become a top domestic priority. I re- vote against these class warfare proposals only 13 percent of Americans file their member sitting in the front of the audience and they will challenge you to veto them. taxes without the help of either a tax with the Ohio delegation when you made the Raising marginal tax rates on an already- announcement, and I leapt to my feet to ap- preparer or computer software. Clearly, broken tax system will only serve to reduce we have waited too long to act. This is plaud you. A couple of days later while cam- U.S. competitiveness in the global economy, paigning in Ohio, you told the audience that and ultimately will prove self-defeating. In- not just a matter of saving taxpayers’ when I rose to applaud you, you thought I stead, Republicans and Democrats must time and effort, it is also about saving was going to jump up on stage and hug you. work together to reform the tax code in a real money. It seemed that the tax reform bandwagon manner that will raise sufficient revenues to The Tax Foundation calculates con- finally had started to roll. In the autumn of fund important national priorities, while servatively that we all spend about $265 2004, I offered my tax reform commission providing an environment conducive to inno- amendment again, this time to the American billion a year to keep track of our vation, entrepreneurship, and economic Jobs Creation Act. The Senate again adopted records and pay people to pay our growth. taxes. If we could streamline it and my amendment. During conference negotia- The time to act is now. Twenty years after tions, the White House contacted me and re- Ronald Reagan reformed the tax code, he make it simple and understandable, if quested that I withdraw my amendment be- still is remembered fondly as the leader who we could only cut that in half, that cause you were preparing to take a leader- set the stage for years of prosperity at the would be a gigantic tax reduction for ship role by appointing your own tax reform end of the 20th century. Working on a bipar- the American people and not cost us panel. I enthusiastically agreed to defer to tisan basis, you have an opportunity to ac- one dime. your leadership, and I withdrew my amend- complish a similar achievement for the 21st We must enact fundamental tax re- ment. In January 2005, you announced the century—a lasting legacy for your fellow form to help make the Tax Code sim- creation of an all-star panel, led by former Americans. I urge you not to pass up this Senators Connie Mack and John Breaux, and pler, fairer, transparent, and economi- once-in-a-lifetime chance, and if you take up cally efficient. that panel spent most of the year engaging the challenge, I will be your faithful ally. the American public to develop proposals to Sincerely, Thankfully, there have been some en- make our tax code simpler, fairer, and more GEORGE V. VOINOVICH, couraging signs of new developments. conducive to economic growth. In November United States Senator. Earlier this month, I attended a bipar- 2005, the panel issued its final report. While tisan press conference along with Sen- not perfect in anyone’s mind, the panel’s two Mr. VOINOVICH. Sadly, no action ator CONRAD, Representatives COOPER plans provided a starting point for devel- was taken. We missed a gigantic oppor- oping tax reform legislation that would rep- tunity to make meaningful reform and WOLF, and former U.S. Comptroller resent a huge improvement over the current while times were relatively good. We General Walker who now heads up the system. The panel’s proposals belong as a are more or less lucking out now, but Peter G. Peterson Foundation. David key part of the national discussion on funda- we cannot count on that luck to last Walker and the rest of us urged Con- mental tax reform, forever. We have to tackle tax and en- gress to take action to restore fiscal Yet, momentum for tax reform seems to discipline. In other words, we all said: have slowed in the more than one year since titlement reform to maintain credi- bility, to turn around our economy, This has to be done. We agreed it is the panel submitted its report to the Treas- time to begin to enact the first pillar ury Department. Initially, you indicated and to regain our global respect- that upon receipt of the panel’s report, the ability—not a year from now, not 2 of meaningful comprehensive tax and Treasury Department would analyze the pro- years from now, but now, now, now. entitlement reform. That is why I am posals and then provide you with its own rec- Our Tax Code, for example, is implod- disappointed that President Obama did ommendations. These recommendations ing from the hundreds of economic and not mention a vehicle to enact tax and would serve as the basis for legislative ac- social policies Congress pursues entitlement reform in his address to tion. In the meantime, however, your admin- Congress, just as I was very dis- istration and the Congress have faced other through tax incentives and dozens of temporary tax provisions. It is a night- appointed that the Bush administra- immediate priorities—from Social Security tion never once mentioned reducing solvency to the global war on terror to relief mare. Just ask the millions of Ameri- for victims of Hurricane Katrina. As a result, cans right now who are filing their tax our national debt after 2001. we missed an opportunity to address funda- returns. I have said this on the floor I am a Republican. He was a Repub- mental tax reform during the 109th Congress. before: When we got our tax return lican President. Our President never, And now, time is running short. Your 2007 back last year, my wife and I looked at ever mentioned the national debt all State of the Union address provides an excel- it. My wife said: Do you understand it? the time he was President. It was like lent opportunity to take up a cause that will I said: No, I don’t understand it. it didn’t exist. Yet the debt kept going lead you to being remembered as the presi- I said: Why don’t we call our ac- up, up, up, and up. I have been calling dent who made the tax code simple, fair, and for the creation of a commission to fa- pro-growth. countant; maybe he will explain it. I have discussed fundamental tax reform She said: Don’t you dare. He will cilitate tax and entitlement reform for with OMB Director Rob Portman, Secretary charge us $500. some time. In fact, back in 2006, I in- Hank Paulson, and Chief of Staff Josh It is out of control. For anybody who troduced the Securing America’s Fu- Bolten. Mr. President you have a great team understands what is going on, it is a ture Economy or SAFE Commission that, working with you and Congress, can nightmare. Act, which I reintroduced in the Senate get the job done. I also sense responsiveness Tinkering with the Tax Code won’t in the 109th and 110th Congresses. in Congress for tax reform. Congressman work. The argument I made to Presi- Congressman JIM COOPER of Ten- Frank Wolf and I have introduced the SAFE dent Bush several times was that we nessee and Congressman FRANK Wolf of Commission Act, which would require con- sideration of tax reform and entitlement re- know the reduction in marginal rates Virginia introduced a version in the form, in the House and Senate. Senator Bob is going to evaporate. We know the House that enlisted 93 cosponsors from Bennett has been putting together a Senate capital gains reduction is going to both parties. This bipartisan, bi- working group on tax reform (in which I am evaporate in 2010. We know the reduc- cameral group had the support from

VerDate Nov 24 2008 00:45 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MR6.035 S12MRPT1 jbell on PROD1PC69 with SENATE March 12, 2009 CONGRESSIONAL RECORD — SENATE S3095 corporate executives, religious leaders, Mack in charge. I think he said at that guage of a vehicle commission that can and think tanks across the political time he was afraid that PELOSI and get the job done—in other words, get- spectrum—the conservative Heritage STENY HOYER might kill it in the be- ting Republicans and Democrats, Foundation and the liberal Brookings ginning. House and Senate, to get the language Institute. All of these people realize I said: If they are going to kill it in of what this commission should look where we are. the beginning, let’s find out. He said: like. We will work on that. If the ad- Building on the SAFE Commission, No, we want the other direction. So ministration does not like our pro- two of my colleagues, the Budget Com- Connie Mack and John Breaux worked posals, then they would be free to mittee chairman from North Dakota, their tails off for over a year. They weigh in with their own ideas. But Senator CONRAD, and ranking member came back with a very good report. It doing nothing simply is not an option. from New Hampshire, Senator GREGG, wasn’t perfect, but I expected Presi- I have talked to Senator GREGG about introduced a bipartisan bill that would dent Bush to take that and tweak it this, Senator CONRAD. And I said it is create a tax and entitlement reform and send it over here. our duty to position this Nation so we task force very similar to the SAFE I will never forget the story John have the greatest opportunity for suc- Commission called the Bipartisan Task Breaux told me. He went to visit with cess for the future. Force for Responsible Fiscal Action. I President Bush. He walked in the Oval I am saying, if the President does not signed on as 1 of 19 cosponsors. We will Office and he started looking around. want to do this, let’s us get together never, ever take the necessary steps to- The President said to him: John, what and help him. OK. Let’s get together. ward fiscal responsibility unless we are you doing? Let’s help him and then say: Here, Mr. create this BRAC-like, bipartisan com- And he said: Mr. President, I am President, here is something agreed to mission. looking for the report that we did. on a bipartisan basis. We would like to The commission would take on the On the shelf, gathering dust. go with it. If you have a better idea on tough issues of Social Security, health That is why I was pleased to hear how to get it done, amen and halle- care, and tax reform, and create rec- President Obama mention the national lujah, but we have to get going. ommendations that would be fast- debt in his address to Congress. But I Each and every one of us should be tracked through a special process and was disappointed that when he men- able to look into the eyes of our chil- brought to the floor of both Chambers tioned the ‘‘crushing cost’’ we face and dren and grandchildren and know in for a vote. In other words, to do it the the reform we can no longer afford to our hearts we have done all we can to traditional way we do things around put on hold, he only talked about make sure that at least they have the here it will never, ever get done. If you health care. Although health care costs same opportunity we have had for our think we would have been able to close are a big part of our entitlement prob- standard of living and quality of life. airbases and other bases around the lem, addressing health care reform If I had to name one of the primary country by doing it through legislation alone will not get the job done. contributing factors to our worsening without the BRAC process, you are not It is not the time for dodging and economic situation, it would have to be in the real world. ducking. This is the time for the cold the loss of faith we seem to have expe- If we really want to tackle this stuff, hard truth. Everyone knows we need rienced in ourselves. In many ways, we have to get a group together. We tax and entitlement reform. I know it, today America is mired in a crisis of have to work on it and come up with a the Obama administration knows it, confidence. compromise. If three quarters agree, it and the American people know it. And I do not share the despair many ex- is the thing to do. We put it through an I know for sure Peter Orszag does be- perts hold concerning the future of our expedited procedure. The Senate gets cause a couple years ago, he was as en- country. When I first became mayor of it; the House gets it. They have to vote thusiastic about dealing with this Cleveland in 1979, the city was in de- up or down. problem as anybody in this country. fault on its bonds. Unemployment for It is important that that happen be- The American people elected Presi- the first couple of years continued to cause it will have legislators on it. I dent Obama to make the tough deci- grow to more than 18 percent. Think of know if somebody asked you to spend a sions to put this country back on the year and a half of your life putting that: 18 percent. Cynics at the time right track. As President Obama said joked, saying: Will the last person something together and then said: himself so eloquently: Well, once it is done, it will go through leaving Cleveland turn out the lights. We must take responsibility for our future, We decided that no one was going to the regular procedure, you would say: and for posterity. come to Cleveland and solve our prob- Goodbye. I don’t have time for that. But if you knew you put the time in I love that. I love that part of his lems for us. We had the courage to be and that if you had three quarters who speech. I thought it was just great. He more self-reliant and make tough deci- agreed on it and the thing was going to cares about me. He cares about my sions. Through the public-private part- get some action, then you would have children. He cares about my grand- nerships we created, we were able to some incentive to say: I will stay at children. ‘‘We must take responsibility unite everyone behind common goals. the table, work on this, and we will get for our future, and for posterity.’’ We empowered the community, and it the job done. Sadly, so far he is missing in action on worked. In fact, at that time, Cleve- The workload would be heavy, and tax and entitlement reform. In fact, in land was known as the ‘‘comeback the commission could certainly benefit a February 27 column in the Wash- city.’’ by taking a look at previous work that ington Post, Michael Gerson called the I say to the Presiding Officer, I know has been done to study these issues by President’s stance on tax and entitle- you could identify with this. Cleveland foundations and others. It also could ment reform in his joint address to was named an All America City three start by considering some of the pre- Congress ‘‘timid’’ and ‘‘hardly coura- times in a 5-year period. It never hap- vious proposals that have been intro- geous.’’ pened before, and I suspect it will never duced by some of our former col- Now, in fairness to our President, he happen again. It was that public-pri- leagues, Senators Mack and Breaux, and his administration have been busy vate partnership, everybody coming to- cochairs of the commission created by putting out fires. This President has gether. Our motto was: Together we the Bush administration to reform our more on his plate than maybe any can do it. Tax Code. President we have ever had, maybe Similarly, when I became Governor I worked like the dickens to say: since Franklin Delano Roosevelt. But of Ohio in 1991, we faced a $11⁄2 billion Let’s have this commission to study if he ignores comprehensive tax and en- budget shortfall, and we were a no- the Tax Code. I will never forget talk- titlement reform, we could see an eco- growth State. We made some tough de- ing to Karl Rove. nomic holocaust. cisions. As I mentioned earlier, I had to I said: I want it to be legislated. That That is why I would suggest to my cut the budget four times and raise is the way we had it in the appropria- fellow colleagues who have voiced simi- taxes. But, as a result, we were able to tions bill. lar calls for reform that we should turn the tide, create 540,000 new jobs— He said: No, we will do it with some- gather our staffs, on a bipartisan and in fact, manufacturing grew for the thing else. We will put Breaux and bicameral basis, to agree on the lan- first time in 25 years—and the State’s

VerDate Nov 24 2008 00:45 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.063 S12MRPT1 jbell on PROD1PC69 with SENATE S3096 CONGRESSIONAL RECORD — SENATE March 12, 2009 rainy-day fund grew from 14 cents to to rule XXII, the clerk will report the to speak therein for up to 10 minutes over $1 billion. And we put $200 million motion. each; that following morning business, aside to take care of any Medicaid The legislative clerk read as follows: the Senate resume consideration of the problem we would have. CLOTURE MOTION motion to proceed to H.R. 146, the leg- Mr. President, I know we can turn We, the undersigned Senators, in accord- islative vehicle for the omnibus lands things around again. We really can. ance with the provisions of rule XXII of the bill. But we need to stop the spending spree Standing Rules of the Senate, hereby move The PRESIDING OFFICER. Without and start making tough decisions on to bring to a close debate on the motion to objection, it is so ordered. this tax and entitlement reform. Why proceed to Calendar No. 27, H.R. 146, the Rev- f don’t we work together to get America olutionary War and War of 1812 Battlefield back on track? Let’s work together to Protection Act. Harry Reid, Patty Murray, Benjamin L. PROGRAM systemically deal with each of the Cardin, Kay R. Hagan, Byron L. Dor- Mr. REID. Mr. President, the next problems, challenges, and opportuni- gan, Richard Durbin, Carl Levin, rollcall vote will occur on Monday at ties we have in America, so we are Jeanne Shaheen, John F. Kerry, Frank 5:30 p.m. This vote will be on the mo- filled with the same hope and optimism R. Lautenberg, Jeff Bingaman, Roland tion to invoke cloture on the motion to of Ronald Reagan. I got to know Ron- W. Burris, Robert Menendez, Amy proceed to H.R. 146. ald Reagan. He was quite a guy, quite Klobuchar, Jim Webb, Jack Reed, Bill a President. He always had a positive Nelson. f attitude, and he said: Mr. REID. Mr. President, I ask unan- imous consent that the mandatory ADJOURNMENT UNTIL MONDAY, I know that for America, there will always MARCH 16, 2009, AT 2 P.M. be a bright dawn ahead. quorum be waived. Mr. President, the glass is not half The PRESIDING OFFICER. Without Mr. REID. Mr. President, if there is empty, the glass is half full. If all of us objection, it is so ordered. no further business to come before the work together, we can turn this thing Mr. REID. Mr. President, I ask unan- Senate, I ask unanimous consent that around. imous consent that the vote on the mo- the Senate stand adjourned under the I yield the floor. tion to invoke cloture occur at 5:30 previous order. Mr. President, I suggest the absence Monday, March 16; further, that if clo- There being no objection, the Senate, of a quorum. ture is invoked, then the postcloture at 6:58 p.m., adjourned until Monday, The PRESIDING OFFICER. The time count as if cloture had been in- March 16, 2009, at 2 p.m. voked at 10 a.m. on Monday, March 16; clerk will call the roll. f The legislative clerk proceeded to and that during any recess or adjourn- call the roll. ment period, postcloture time continue NOMINATIONS Mr. REID. Mr. President, I ask unan- to run. Executive nominations received by imous consent that the order for the The PRESIDING OFFICER. Without the Senate: objection, it is so ordered. quorum call be rescinded. DEPARTMENT OF THE INTERIOR The PRESIDING OFFICER. Without f objection, it is so ordered. THOMAS L. STRICKLAND, OF COLORADO, TO BE ASSIST- ORDERS FOR MONDAY, MARCH 16, ANT SECRETARY FOR FISH AND WILDLIFE, VICE R. LYLE f LAVERTY. 2009 DEPARTMENT OF DEFENSE REVOLUTIONARY WAR AND WAR Mr. REID. Mr. President, I ask unan- ALEXANDER VERSHBOW, OF THE DISTRICT OF COLUM- OF 1812 BATTLEFIELD PROTEC- imous consent that when the Senate BIA, TO BE AN ASSISTANT SECRETARY OF DEFENSE, TION ACT—MOTION TO PROCEED VICE MARY BETH LONG, RESIGNED. completes its business today, it ad- Mr. REID. Mr. President, I move to journ until 2 p.m. Monday, March 16; f proceed to Calendar No. 27, H.R. 146. that following the prayer and the CONFIRMATIONS The PRESIDING OFFICER. The mo- pledge, the Journal of proceedings be tion is debatable. approved to date, the morning hour be Executive nominations confirmed by CLOTURE MOTION deemed to have expired, and the time the Senate, Thursday, March 12, 2009: Mr. REID. Mr. President, I send a for the two leaders be reserved for their DEPARTMENT OF JUSTICE cloture motion to the desk. use later in the day; that the Senate DAVID W. OGDEN, OF VIRGINIA, TO BE DEPUTY ATTOR- The PRESIDING OFFICER. The clo- proceed to period of morning business NEY GENERAL. THOMAS JOHN PERRELLI, OF VIRGINIA, TO BE ASSO- ture motion having been filed pursuant until 3 p.m., with Senators permitted CIATE ATTORNEY GENERAL.

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RECOGNIZING THE FAIRFAX COUN- thony C. Lampe, 2nd Lieutenant James S. dents of Trenton, New Jersey. Requested TY CHAMBER OF COMMERCE 2009 Bradshaw, 2nd Lieutenant John H. Brennan, project funds will cover the cost of renovations VALOR AWARD RECIPIENTS 2nd Lieutenant Edgar A. Ipina, and 2nd Lieu- and furnishings to upgrade and streamline the tenant Boyd F. Thompson Jr. ED and clinics. The upgraded Emergency De- HON. GERALD E. CONNOLLY Recipients of the Bronze Medal of Valor are: partment will improve security, privacy, and ef- OF VIRGINIA Officer Todd B. Sweeney, Officer Joseph W. ficiency for patients and their families. Further, IN THE HOUSE OF REPRESENTATIVES Woloszyn II, Police Officer First Class Mat- the flow of services between the Emergency thew J. Bell, Police Officer First Class Brian C. Department and the specialty and walk-in clin- Thursday, March 12, 2009 Bowers, Police Officer First Class Timothy W. ics will be greatly improved to better meet the Mr. CONNOLLY of Virginia. Madam Speak- Brown, Police Officer First Class William L. needs of vulnerable patient population. St. er, I rise today, joined by my colleagues Rep. Coulter IV, Police Officer First Class Thomas Francis Medical Center will invest $250,000 FRANK WOLF and Rep. JAMES MORAN, to rec- J. Gadell Jr., Police Officer First Class Reanna over the next two years to cover additional ognize an outstanding group of men and M. Jacobson, Police Officer First Class Jey P. operational costs and will seek funding for the women in Northern Virginia. These individuals Phillips, Police Officer First Class David M. additional costs of the project through oper- have demonstrated superior dedication to pub- Popik, Police Officer First Class Charles A. ations, philanthropy, and other sources. lic safety and have been awarded the pres- Reinhard, Police Officer First Class Kathryn M. f tigious Valor Award by the Fairfax County Schroth, Detective John A. DiGiulian, Detec- Chamber of Commerce. tive Chad E. Mahoney, Detective Jeffrey C. CONGRATULATIONS TO THE UNI- The Valor Awards recognize remarkable Reiff, Detective Michael D. Riccio, and 2nd VERSITY AT BUFFALO FOR AN heroism and bravery in the line of duty exem- Lieutenant Kevin D. Barrington EXTRAORDINARY SEASON plified by our public safety agencies and their Recipients of the Silver Medal of Valor are: commitment to the community. Our public Officer Donald W. Amos Jr., Police Officer HON. BRIAN HIGGINS safety and law enforcement personnel put First Class Eugene D. Bork, Police Officer OF NEW YORK their lives on the line everyday to keep our First Class Brian J. Byerson, Police Officer IN THE HOUSE OF REPRESENTATIVES families and neighborhoods safe. More than First Class Kevin S. Mason, Police Officer Thursday, March 12, 2009 80 awards were presented at this year’s cere- First Class Jose R. Morillo, Police Officer First Mr. HIGGINS. Madam Speaker, I rise today mony in a variety of categories: The Lifesaving Class Shayna V. Nickolas, Police Officer First to congratulate the University at Buffalo Bulls Award, the Certificate of Valor, or the Bronze, Class Katherine S. Wright, Sergeant Shawn C. on their tremendous 2008 season. For the first Silver, or Gold Medal of Valor. Martin, and 2nd Lieutenant Dwayne F. time in their history, the Buffalo Bulls secured Seventy members of the Fairfax County Po- Machosky. the Mid-American Conference Championship lice Department earned this high honor. It is Madam Speaker, in closing, we would like and competed in a championship bowl. It was with great pride that we submit their names to take this opportunity to thank all of the men fifty years ago that the Bulls last earned a into the CONGRESSIONAL RECORD: and women who serve in the Fairfax County Bowl appearance, when the 1958 team val- Recipients of the Lifesaving Award are: Offi- Police Department. Their efforts, made on be- iantly passed on their chance at the Tangerine cer Michael W. Greene, Officer Shay V. Nel- half of the citizens of Fairfax County, are self- Bowl in Orlando, FL to protest of the segrega- son, Officer Jonathon W. Ward, Public Safety less acts of heroism and truly merit our high- tion laws then in effect. Communicator II Erin R. Tracy, Police Officer est praise. We ask our colleagues to join us Although the Buffalo Bulls were narrowly de- First Class Quang D. Bui, Police Officer First in applauding this group of remarkable citi- feated in the third annual International Bowl in Class Anthony L. Capizzi, Police Officer First zens. Toronto, Ontario, they inspired over twenty Class Christopher L. Coleman, Police Officer f First Class Olan J. Faulk IV, Police Officer five thousand Buffalo fans to drive the ninety First Class Stephen P. Foley, Police Officer EARMARK DECLARATION miles north to cheer on their team. On behalf of the people of the 27th district, First Class Matthew E. Griffin, Police Officer I would like to express our pride and thanks First Class Christopher B. Hutchison, Police HON. CHRISTOPHER H. SMITH for the hard work and the perseverance of Officer First Class Jonathon D. Lowery, Police OF NEW JERSEY these players and their coaches. We look for- Officer First Class Brett L. Manthe, Police Offi- IN THE HOUSE OF REPRESENTATIVES ward to many more championship challenges cer First Class Eric T. Nelson, Master Police in the years to come. Officer Joseph M. Flynn, and Sergeant Todd Thursday, March 12, 2009 S. Erlandson. Mr. SMITH of New Jersey. Madam Speaker, f Recipients of the Certificate of Valor are: Of- pursuant to the House Republican standards TRIBUTE TO DENNIS WILCOX ficer Scott P. Bzdak, Officer Amanda K. on earmarks, I am submitting the following in- Leugers, Officer Thomas J. Murphy, Officer formation regarding earmarks I received as HON. TOM LATHAM Kathleen E. O’Leary, Officer Matthew W. Stan- part of HR 1105, the Omnibus Appropriations OF IOWA field, Officer Ruben Velez Jr., Police Officer Act, 2009: IN THE HOUSE OF REPRESENTATIVES First Class Bradley W. Capan, Police Officer Requesting Member: Rep. CHRISTOPHER H First Class Richard J. Curro, Police Officer SMITH Thursday, March 12, 2009 First Class George W. Davenport Jr., Police Bill Number: HR 1105 Mr. LATHAM. Madam Speaker, I rise to rec- Officer First Class Theodore M. Dragan, Po- Account: Health Resources and Services ognize Dennis Wilcox, Publisher of the Madrid lice Officer First Class David J. Giaccio, Police Administration (HRSA)—Health Facilities and Register News, on being named 2009 Master Officer First Class Matthew A. Guzzetta, Po- Services Editor and Publisher by the Iowa Newspaper lice Officer First Class Jeremy T. Hoffman, Po- Legal Name of Requesting Entity: St. Association. lice Officer First Class Jonathan R. Luety, Po- Francis Medical Center The Iowa Newspaper Association nominates lice Officer First Class Dana L. Robinson, Po- Address of Requesting Entity: 601 Hamilton publishers and editors for the award, and win- lice Officer First Class Bart S. Rogers, Police Avenue, Trenton, New Jersey 08629 ners are selected by previous Master Editor- Officer First Class Joseph N. Wallace, Police Description of Request: I have secured Publisher winners. Dennis was selected on the Officer First Class Leanna D. Wilson, Detec- $238,000 for St. Francis Medical Center to criteria of working hard, thinking soundly, tive Donald R. Bateman, Detective Sean J. complete needed expansion and renovation of being influenced unselfishly, and living honor- Cheetham, Master Police Officer John D. its Emergency Department and outpatient ably. Brocco, Master Police Officer Timothy E. Catir, services in order to improve health care serv- I know that my colleagues in the United Sergeant Robert A. Blakley Jr., Sergeant An- ices for the uninsured and underinsured resi- States Congress join me in congratulating

∑ 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 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K12MR8.019 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS E648 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2009 Dennis Wilcox on his accomplishments. It is space Engineering. Following in the footsteps which made a successful emergency landing an honor to represent Dennis in Congress, of his father Rea, Travis will be a second gen- on the Hudson River on January 15, 2009, and I wish him the best in his future. eration graduate from the Naval Academy. and helped to safely evacuate the flight’s pas- f Travis has earned the gratitude and respect sengers. of his community of Blue Springs, Missouri. The heroic deeds and masterful skills of HONORING ALISA FERGUSON FOR The Blue Springs Rotary Club even honored Flight 1549’s crew is something our nation will HER DEDICATED SERVICE Travis by presenting him with his Officers never forget. Sabre at a meeting in his honor. His dedica- Despite being injured during the landing, HON. BART GORDON tion and hard work should serve as an exam- Doreen Welsh helped to evacuate passengers OF TENNESSEE ple to the rest of us on how we can better and ensure that no lives were lost that day. All IN THE HOUSE OF REPRESENTATIVES serve each other and our great nation. western Pennsylvanians should be proud that Thursday, March 12, 2009 Madam Speaker, I ask my colleagues to join one of our own played such a crucial role in with me in commending Travis Myers for his saving the lives of 150 passengers and mak- Mr. GORDON of Tennessee. Madam dedication to his community and his country. I ing this a truly miraculous landing. Speaker, today I rise to honor Alisa Ferguson know Travis’ family and friends join with me in I want to salute Doreen Welsh for her admi- for her dedicated service over the last six congratulating him on his graduation and wish- rable service and thank her for sacrificing her years as she has worked in my personal office ing him best of luck on all of his future en- own comfort for the safety of the passengers and on the staff of the Science and Tech- deavors. in her care and inspiring Americans every- nology Committee. Friday will be her last day f where in the process. working in the House, and she will certainly be f missed as she leaves the Hill to pursue a new RECOGNIZING THE MEN AND endeavor. WOMEN OF THE ARMED SERV- EARMARK DECLARATION Alisa began her career on Capitol Hill seven ICES AND THEIR FAMILIES years ago as a legislative assistant to Rep. HON. JIM GERLACH Brian Baird, where she developed an affinity HON. PETE SESSIONS OF PENNSYLVANIA for energy policy. In 2003, she began working OF TEXAS IN THE HOUSE OF REPRESENTATIVES in my personal office and quickly proved her- IN THE HOUSE OF REPRESENTATIVES self to be a valuable addition. She was adept Thursday, March 12, 2009 at handling a myriad of issues, including ap- Thursday, March 12, 2009 Mr. GERLACH. Madam Speaker, pursuant propriations and my Energy and Commerce Mr. SESSIONS. Madam Speaker, I rise to the Republican Leadership standards on Committee work, and addressing the concerns today to recognize and commend the honor- earmarks, I am submitting the following infor- and needs of my constituents in Middle Ten- able service and devotion to duty of our men mation regarding earmarks I received as part nessee. and women of the United States Armed Serv- of H.R. 1105, Consolidated Appropriations for When I became chairman of the Science ices. These men and women in uniform have Fiscal Year 2009. and Technology Committee in 2007, I asked put themselves in harms way—many having TRANSPORTATION, TREASURY, HOUSING AND URBAN DE- Alisa to join the committee staff as legislative given the ultimate sacrifice—in defense of VELOPMENT—FTA PRIORITY CONSIDERATION director. She has risen to and triumphed over freedom and liberty at home and abroad. I PROJECTS every challenge, and she has won the respect would like to take this opportunity to extend $6 million for the Ardmore Transportation of her colleagues for her skill in running the my utmost thanks and appreciation to their Center—Southeastern Pennsylvania Transpor- committee’s legislative operation. Two of the selfless service and to wish them all the best tation Authority—123 Market Street, Philadel- committee’s finest legislative achievements, in the years to come. phia, Pennsylvania. ‘‘Nothwithstanding any the Energy Independence and Security Act of As part of this recognition, I would like to other provision of law, the funding made avail- 2007 and the America COMPETES Act, are thank the military spouses who spend weeks able for the Ardmore Transportation Center due in no small measure to Alisa’s command and months without their significant others, through the U.S. Department of Transportation of the issues, knowledge of the legislative often having to raise families on their own. My Appropriations Acts for Federal Fiscal Year process and ability to get things done. appreciation also goes out to the parents, fam- 2005 shall remain available for that project Alisa has been invaluable to me, the com- ily members and communities who provide during fiscal year 2009.’’ mittee, the state of Tennessee and our nation. support for the soldier and their family during $1 million for the Coatesville Train Station— She is the very definition of a ‘‘go-to’’ person, these trying times. I would also like to extend City of Coatesville—One City Hall Place, and I’m fairly certain her blood now bears a my condolences and appreciation to the Amer- Coatesville, Pennsylvania. ‘‘Nothwithstanding tinge of MTSU Raider Blue as a result of her ican Gold Star Mothers who have lost a son any other provision of law, the funding made hard work over the years. or daughter while serving our great country. available for the Coatesville Train Station While I am sad to see her go, I will always These women are too counted as heroes for through the U.S. Department of Transportation be grateful for her advice and counsel over our country. Appropriations Acts for Federal Fiscal Year the years. Alisa, I wish you all the best. In addition to our active duty soldiers, I 2006 shall remain available for that project f would like to thank our veterans, Reservists during fiscal year 2009.’’ and Military Academy personnel. These indi- f TRAVIS REA MYERS viduals are the past, present and future of what protects American values each day. May TRIBUTE TO SANDRA BROCKMAN HON. SAM GRAVES all those who are involved with the Armed OF MISSOURI Services know the support of a grateful nation. HON. KEVIN McCARTHY IN THE HOUSE OF REPRESENTATIVES f OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Thursday, March 12, 2009 THANKS TO DOREEN WELSH, A Mr. GRAVES. Madam Speaker, it is with SELFLESS HERO OF U.S. AIR- Thursday, March 12, 2009 great pride and pleasure that I rise today to WAYS FLIGHT 1549 Mr. MCCARTHY of California. Madam recognize Travis Rea Myers on the occasion Speaker, I rise today to honor a community of his approaching graduation from the United HON. JASON ALTMIRE leader, Sandra Brockman, on her retirement States Naval Academy on May 22nd, 2009. OF PENNSYLVANIA after 27 years of service to the people of Kern Travis is the son of Rea and Myrna Myers IN THE HOUSE OF REPRESENTATIVES County, California, most recently as Chief and is a graduate of Blue Springs High School Deputy Registrar of Voters. in Blue Springs, Missouri. In 2005, I was Thursday, March 12, 2009 Sandy Brockman began her career with proud to nominate Travis to the Naval Acad- Mr. ALTMIRE. Madam Speaker, I would like Kern County on February 8, 1982 as a Deputy emy. It was evident that Travis was among the to salute Doreen Welsh of Ambridge, Pennsyl- Court Clerk with the West Kern Municipal best and brightest of his class, and that he vania for her heroic and selfless action on Court. In June 1984, she was promoted to was going to be successful in life, no matter U.S. Airways Flight 1549, now known as the Secretary, and five months later transferred to which path he chose. He will graduate in May ‘‘Miracle on the Hudson.’’ Doreen Welsh the County Clerk Election Division, where she with a Bachelor of Science Degree in Aero- served as a flight attendant on Flight 1549, has worked for over 25 years in the elections

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K12MR8.008 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS March 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E649 field. Ms. Brockman’s position was reclassified ple diagnosed with MS often find their nec- Description of request: $200,000 for water to Senior Secretary in 1987, and by taking essary medications financially out of reach. feasibility study specialized classes relating to the conduct and Decisions about which medications patients Requesting Member: Representative ROB history of elections over a two year period, should take must be made by doctors, not cor- BISHOP she earned a National Certification as a Cer- porations. Bill number: H.R. 1105 tified Elections Registration Administrator. In The National MS Society has been a tire- Account: Department of Energy, Energy Effi- 1998, she was promoted to Election Process less advocate for health care reform and re- ciency and Renewable Energy—Solar Energy Supervisor and became interim Election Divi- search on behalf of persons living with MS. I Name of requesting entity: Salt Lake Coun- sion Chief in 2000, accepting the position as would like to take a moment to recognize all ty, Utah Address of requesting entity: 2001 a permanent appointment six months later. the work the National MS Society has put into South State Street, Salt Lake City, Utah 84190 Ms. Brockman continued her education by at- combating this disease. Through extensive re- Description of request: $618,475 for the En- tending classes designed specifically for Cali- search, providing comprehensive services to ergy Efficient Buildings Project fornia election law and became a Certified people with MS and through their advocacy, Requesting Member: Representative ROB California Professional Elections Administrator they have made great strides in raising MS BISHOP in 2005. She has worked and supervised awareness. I congratulate them on their hard Bill number: H.R. 1105 nearly every section in elections and capped work. Account: Small Business Administration her career off as Chief Deputy Registrar of Madam Speaker, I know first-hand how im- Name of requesting entity: World Trade Voters. portant it is to fund medical research to find Center Utah Under her leadership, the Election Division, cures for chronic diseases. As individuals and Address of requesting entity: 175 East 400 which conducts all federal, state and local as a government, we need to come together South, suite 609, Salt Lake City, Utah 84111 elections in Kern County and maintains voter and provide the resources necessary to create Description of request: $385,000 for the registration and precinct boundaries, imple- a world free of MS. I encourage all of my col- World Trade Center Utah to connect the Utah mented both voter registration and voting sys- leagues to join me in fighting for a cure for MS and Intermountain business community to the tems. She was the right person at the right and other diseases, so that all Americans can people, companies, data, and government time for the job; during the past seven years, live fully active, healthy lives. agencies which make up the fabric of global the Elections Division has experienced more f commerce, through training classes and cross material changes in election law than in the cultural seminars, identification of new market previous 18 years of Ms. Brockman’s career. EARMARK DECLARATION opportunities, creating access to trade mis- Ms. Brockman has worked long hours to en- sions, and facilitating export financing, con- sure that the election process has integrity HON. ROB BISHOP trols, and distribution. and transparency. Her accessibility and com- OF UTAH Requesting Member: Representative ROB mitment to helping anyone needing informa- IN THE HOUSE OF REPRESENTATIVES BISHOP Bill number: H.R. 1105 tion, assistance or direction personifies how Thursday, March 12, 2009 dedicated she was as a public servant. Ms. Account: Economic Development Initiatives Brockman’s institutional knowledge, person- Mr. BISHOP of Utah. Madam Speaker, con- Name of requesting entity: Clearfield City, ality and dedication to the citizens of Kern sistent with House Republican Earmark Stand- UT County will be sorely missed. I thank Sandy ards, I am submitting the following earmark Address of requesting entity: 55 South State for her service to Kern County and wish her disclosure and certification information for re- Street, Clearfield, Utah 84015 the very best in her future endeavors. quests I made which are included in the text Description of request: $380,000 for the pur- f and/or report to accompany H.R. 1105, the chase of blighted lands for use in the develop- Omnibus Appropriations Act of 2009. I certify ment of a private/public project known as NATIONAL MS AWARENESS WEEK that neither I, nor my spouse, have any finan- West Phase I, a downtown redevelopment cial interest in these requests, and certify that, project within the city. HON. MARY JO KILROY to the best of my knowledge, these requests: Requesting Member: Representative ROB OF OHIO (1) are not directed to an entity or program BISHOP IN THE HOUSE OF REPRESENTATIVES named or that will be named after a sitting Bill number: H.R. 1105 Member of Congress; (2) are not intended for Account: National Park Service Statutory or Thursday, March 12, 2009 a ‘‘front’’ or ‘‘pass-through’’ entity; and (3) Contractual Aid Mrs. KILROY. Madam Speaker, I rise today meet or exceed statutory requirements for Name of requesting entity: Ogden City, Utah during National MS Awareness Week to bring matching funds (where applicable). Address of requesting entity: 2549 Wash- attention to a disease that affects an esti- Requesting Member: Representative ROB ington Blvd, Ogden, Utah 84401 mated 400,000 people living in the United BISHOP Description of request: $300,000 to imple- States. Multiple sclerosis is a chronic disease Bill number: H.R. 1105 ment the Crossroads of the West Historic Dis- of the central nervous system that is unpre- Account: COPS, Department of Justice trict. dictable, the symptoms of which vary from Name of requesting entity: Kaysville City, Requesting Member: Representative ROB person to person. Because MS affects individ- Utah BISHOP uals so differently, it is difficult to make gen- Address of requesting entity: 23 East Cen- Bill number: H.R. 1105 eralizations about disability; however, MS is ter, Kaysville, Utah 84037 Account: Environmental Protection Agency often characterized by tingling, numbness, Description of request: $300,000 for law en- STAG Water and Wastewater Infrastructure painful sensations, muscle tightness or paral- forcement communications and operations Project ysis. Statistics suggest that two out of three technology Name of requesting entity: Washington Ter- people with MS remain able to walk over their Requesting Member: Representative ROB race, UT lifetime, though many require a cane or other BISHOP Address of requesting entity: 5249 South assistive device. MS is not always easy to di- Bill number: H.R. 1105 Pointe Drive, Washington Terrace, Utah 84405 agnose because symptoms come and go but Account: OJP—Byrne Discretionary Grants Description of request: $1,240,000 for water it is estimated every week, 200 people in the Name of requesting entity: Clearfield City and sewer infrastructure replacement project United States are diagnosed with MS. Address of requesting entity: 55 South State Requesting Member: Representative ROB I was diagnosed with MS in 2003; I have an Street, Clearfield, Utah 84015 BISHOP intimate understanding about how important it Description of request: $200,000 for tech- Bill number: H.R. 1105 is to find a cure for the disease. Research has nology to combat gang activity Account: Fund for the Improvement of Edu- developed ‘‘disease-modifying’’ drugs that help Requesting Member: Representative ROB cation lessen the frequency and severity of MS at- BISHOP Name of requesting entity: Open Content tacks, reduce the accumulation of lesions in Bill number: H.R. 1105 Foundation at Utah State University the brain and may slow the progression of dis- Account: Bureau of Reclamation, Water and Address of requesting entity: 1750 North ability, but we can do more. Related Resources Research parkway, North Logan, UT 84341 Health insurance reform is a necessity in Name of requesting entity: Park City Description of request: $190,000 for cur- this country. Because insurance companies Address of requesting entity: PO Box 1480, riculum development and textbook materials ‘‘tier’’ medications as a way to cut costs, peo- Park City, Utah 84060 for Utah’s ninth grade core curriculum.

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K12MR8.006 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS E650 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2009

Requesting Member: Representative ROB TRIBUTE TO JESSE PURVIS ents whose employers do not provide health BISHOP insurance have to struggle to provide health Bill number: H.R. 1105 HON. TOM LATHAM care for their children. Many of these parents Account: Fund for the Improvement of Edu- OF IOWA work in low-income jobs; oftentimes, their only cation IN THE HOUSE OF REPRESENTATIVES recourse for health care is the local emer- gency room. Name of requesting entity: Weber State Uni- Thursday, March 12, 2009 versity Sometimes parents are forced to delay Mr. LATHAM. Madam Speaker, I rise to rec- seeking care for their children until minor Address of requesting entity: 3850 Univer- ognize Jesse Purvis, a high school student health concerns that could have been easily sity Circle, Ogden, Utah 84408 and Boy Scout, from Woodward, Iowa. treated become serious problems requiring ex- Description of request: $143,000 for a Jesse, who remembers the tornado that pensive treatment. If these parents had ac- teacher training initiative to prepare teaching stormed through his town in November 2005, cess to the type of tax credits provided in the assistants to become teachers. distributed emergency kits throughout Wood- Child Health Care Affordability Act, they would Requesting Member: Representative ROB ward this February. The emergency kits con- be better able to provide care for their chil- BISHOP tain information provided by the Red Cross, dren, and our nation’s already overcrowded Bill number: H.R. 1105 Dallas County Emergency Management, Iowa emergency rooms would be relieved of the Account: Health Resources and Services One Call, and Iowa Homeland Security includ- burden of having to provide routine care for Administration ing directions on what to do in case of an people who otherwise cannot afford it. Name of requesting entity: Intermountain emergency or disaster, and colored ribbons to According to research on the effects of this Healthcare be used on homes to help first responders bill done by my staff and legislative counsel, Address of requesting entity: 36 South State during emergencies. the benefit of these tax credits would begin to Street Floor 22, Salt Lake City, Utah 84111 Jesse’s concern and sacrifices for his com- be felt by joint filers with incomes slightly munity serve as wonderful examples of the above $18,000 dollars per year, or single in- Description of request: $476,000 for the Pa- compassionate nature of Iowans. I know that come filers with incomes slightly above tient Safety Initiative, including purchase and my colleagues in the United States Congress $15,000 dollars per year. Clearly, this bill will implementation of electronic medical records join me in thanking Jesse Purvis for his philan- be of the most benefit to low-income Ameri- and equipment thropy and setting an example as a young cans balancing the demands of taxation with Requesting Member: Representative ROB leader. I consider it an honor to represent the needs of their children. BISHOP Jesse in Congress, and I wish him the best in Under the Child Health Care Affordability Bill number: H.R. 1105 his future. Act, a struggling single mother with an asth- Account: FTA Bus and Bus Facilities ac- f matic child would at last be able to provide for count her child’s needs, while a working-class family INTRODUCING THE CHILD HEALTH Name of requesting entity: Cache Valley will not have to worry about how they will pay CARE AFFORDABILITY ACT Transit District the bills if one of their children requires Address of requesting entity: 754 West 600 lengthy hospitalization or some other form of North, Logan, Utah 84321 HON. RON PAUL specialized care. Description of request: $475,000 to con- OF TEXAS Madam Speaker, this Congress has a moral struct a new multi-use facility for the transit IN THE HOUSE OF REPRESENTATIVES responsibility to provide tax relief so that low- district Thursday, March 12, 2009 income parents struggling to care for a sick child can better meet their child’s medical ex- Requesting Member: Representative ROB Mr. PAUL. Madam Speaker, I am pleased to penses. Some may say that we cannot enact BISHOP help working Americans provide for their chil- the Child Health Care Affordability Act be- Bill number: H.R. 1105 dren’s health care needs by introducing the cause it would cause the government to lose Account: FTA Bus and Bus Facilities ac- Child Health Care Affordability Act. The Child revenue. But, who is more deserving of this count Health Care Affordability Act provides parents money, Congress or the working parents of a Name of requesting entity: Cache Valley with a tax credit of up to $500 for health care sick child? Transit District expenses of dependent children. Parents car- The Child Health Care Affordability Act Address of requesting entity: 754 West 600 ing for a child with a disability, terminal dis- takes a major step toward helping working North, Logan, Utah 84321 ease, cancer, or any other health condition re- Americans meet their health care needs by quiring specialized care would receive a tax Description of request: $475,000 for Cache providing them with generous health care re- credit of up to $3,000 to help cover their Valley Transit District Hybrid Bus Fleet Expan- lated tax cuts and tax credits. I urge my col- child’s health care expenses. sion leagues to support the pro-family, pro-health The tax credit would be available to all citi- Requesting Member: Representative ROB care tax cuts contained in the Child Health zens, regardless of whether or not they Care Affordability Act. BISHOP itemize their deductions. The credit applies Bill number: H.R. 1105 against both income and payroll tax liability. f Account: FTA New Starts/Fixed Guideway The tax credits provided in this bill will be es- account pecially helpful to those Americans whose em- CONGRATULATING THE SANTA Name of requesting entity: Utah Transit Au- ployers cannot afford to provide health insur- ROSA WARRIORS thority ance for their employees. These workers must Address of requesting entity: 669 West 200 struggle to meet the medical bills of them- HON. RUBE´N HINOJOSA South, Salt Lake City, Utah 84130 selves and their families. This burden is espe- OF TEXAS Description of request: $81,600,000 for a 44 cially heavy on parents whose children have a IN THE HOUSE OF REPRESENTATIVES medical condition, such as cancer or a phys- mile commuter rail project linking Weber Thursday, March 12, 2009 County to Salt Lake City ical disability, that requires long-term or spe- Mr. HINOJOSA. Madam Speaker, I rise Requesting Member: Representative ROB cialized health care. As an OB–GYN who has had the privilege today to congratulate the mighty Santa Rosa BISHOP of delivering more than four thousand babies, Warriors (30–6), who last Saturday rep- Bill number: H.R. 1105 I know how important it is that parents have resented the City of Santa Rosa and the entire Account: Federal Highway Administration— the resources to provide adequate health care Rio Grande Valley of South Texas in winning Federal Lands account for their children. The inability of many working the Class 2A 2009 Region IV–2A champion- Name of requesting entity: Brigham City, Americans to provide health care for their chil- ship game against Randolph, Texas. The War- Utah dren is rooted in one of the great inequities of riors won in dramatic fashion in overtime and Address of requesting entity: 20 North Main the tax code—Congress’s failure to allow indi- will now take on Ponder, Texas in the state Street, Brigham City, Utah 84302 viduals the same ability to deduct health care semifinals. Description of request: $285,000 to com- costs that it grants to businesses. As a direct The Rio Grande Valley is a Texas region plete construction on the Bear River Access result of Congress’s refusal to provide individ- with a long tradition of great high school Road to the Bear River Migratory Bird Refuge. uals with health care related tax credits, par- sports successes, with state titles in football

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K12MR8.010 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS March 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E651 and soccer. In reaching the final four, the War- Texas lived on after college because he was led the Palm Beach County Department of riors are now at the brink of adding a basket- the first player drafted in the 1978 NFL Draft Health through the first biological terror attack ball state title to our impressive history of vic- by the Houston Oilers. in the country. Under her direction the County tories. As an Oiler, he became the Offensive Rook- diagnosed the first anthrax cases and quickly When any high school team approaches the ie of the Year and Most Valuable Player in his mobilized a team to help investigate the at- pinnacle of high school sports—state cham- rookie season. The induction of Earl Campbell tacks. pionship glory—the entire region comes to- into the UT Hall of Fame is a testament to the I have personally watched and learned from gether to cheer on that team. That is the case hard work that he put in as a student athlete. Dr. Jean Malecki’s extraordinary service to the as the Warriors advance forward one win at a We will forever remember ‘‘Tyler Rose’’ and people of Palm Beach County. We will miss time. On March 13, at the Frank Erwin Center what he did for the sport of football in the her, but wish her the best in her new life and in Austin all of Santa Rosa, all of Cameron great state of Texas. career. County, all of the Rio Grande Valley, and all f Thank you for allowing me the time to speak of South Texas will be rallying for the War- about this admirable leader in my community, riors. All Valley high schools are united as FINANCIAL CONSUMER HOTLINE Madam Speaker. ACT Santa Rosa takes the court to face their next f formidable opponent. CALLING FOR RETURN OF SEAN The Warriors have reminded all of us that HON. CAROLYN B. MALONEY GOLDMAN with outstanding players, solid coaches, hard OF NEW YORK IN THE HOUSE OF REPRESENTATIVES work, disciplined training, committed parents, SPEECH OF and a supportive school, more state titles are Thursday, March 12, 2009 HON. SCOTT GARRETT in our future. Thank you, Warriors, for rep- Mrs. MALONEY. Madam Speaker, with the OF NEW JERSEY resenting your school and the Rio Grande Val- regulatory structure of our nation’s banks di- IN THE HOUSE OF REPRESENTATIVES ley so admirably for all the State of Texas to vided among a series of governing bodies, it see. can be difficult for consumers to identify and Wednesday, March 11, 2009 As their Congressman, I am so proud of the contact the appropriate regulator when they Mr. GARRETT of New Jersey. Mr. Speaker, Santa Rosa High School Warriors for their out- have an inquiry or complaint. In an effort to I rise today in support of H. Res. 125. This standing wins on the basketball court and for address this situation, I will be introducing the resolution calls on the central authority of playing their heart out throughout the season Financial Consumer Hotline Act. This legisla- Brazil to uphold the Hague Convention by fa- in their fight for a state crown. Please join me tion would establish a single, toll-free tele- cilitating the immediate release of Sean Gold- in applauding the coaches and each and phone number consumers can call if they man to his father, David Goldman. every one of the Warriors: Coach Johnny have a question or complaint and want to June 16, 2004 was the day Sean Goldman Cipriano; Assistant Coaches Omar Guerra and speak to the bank’s regulator. This legislation was abducted by his mother, Bruna Goldman, Juan Esparza; Dario Mendoza, Junior; Ruben also would establish a corresponding informa- and taken to Brazil. That day marked the be- Lopez, Sophomore; Jacob Garcia, Senior; tional website. ginning of a 41⁄2 year struggle to reunite David Jesus Mosqueda, Sophomore; Chris Diaz, This legislation directs the Federal Financial Goldman with his son Sean. During those sub- Sophomore; Danny Theys, Junior; Rick Institutions Examination Council (FFIEC), a sequent years, David Goldman tirelessly lob- Cavazos, Junior; Aaron Ramirez, Freshman; statutory interagency body empowered to pre- bied the Brazilian judicial system, sought inter- Ivan Martinez, Senior; Mark Cordero, Sopho- scribe uniform principles and standards for fi- national legal advice, and mourned the death more; Nacho Serrato, Sophomore. nancial institutions, to set up the toll-free num- of Sean’s mother in August 2008. Recently, Again, congratulations to the Warriors and ber and website. The Federal Reserve, the the situation was further complicated when their families, Santa Rosa High School, the Federal Deposit Insurance Corporation (FDIC), Sean’s step-father petitioned the Brazilian City of Santa Rosa, and the Rio Grande Val- the National Credit Union Administration courts for custody of Sean and illegally re- ley. (NCUA), the Office of the Comptroller of the placed David’s name with his own on a Bra- f Currency (OCC), and the Office of Thrift Su- zilian birth certificate. EARL CAMPBELL pervision (OTS) are all members of FFIEC. H. Res. 125 was introduced by my New Jer- This legislation also directs FFIEC to work sey colleague, Representative CHRISTOPHER with state banking regulators to integrate state SMITH, and I am proud to be one of the 57 co- HON. TED POE regulated banks into the hotline service. sponsors of this bill. This resolution urges the OF TEXAS f Brazilian government to uphold its commit- IN THE HOUSE OF REPRESENTATIVES ment to the Hague Convention on the Civil As- Thursday, March 12, 2009 RECOGNIZING DR. JEAN MALECKI pects of International Child Abduction. This ON HER SERVICE TO PALM multilateral treaty, developed by the Hague Mr. POE of Texas. Madam Speaker, Earl BEACH COUNTY Campbell is known throughout the nation as Conference on Private International Law in 1980, provides an expeditious method for re- one of the best running backs to ever play the HON. RON KLEIN game of football. He was an outstanding ath- turning a child taken from one member nation OF FLORIDA lete and will be remembered as one of to another. H. Res. 125 is of the utmost impor- IN THE HOUSE OF REPRESENTATIVES Texas’s best. Born in Tyler, TX he grew up to tance, as it not only calls on Brazil to display become a star at The University of Texas. His Thursday, March 12, 2009 their intention to follow international law, but also brings a father and son one step closer presence on the field dwarfed most opponents Mr. KLEIN of Florida. Madam Speaker, I to reunification. and he rose to the occasion many times and rise today to honor a leader in our community. It is imperative for us to support David Gold- became a standout. Recently, he was in- On August 1 Florida will lose a wonderful pub- man’s quest to be reunited with his son. H. ducted into the voted into the UT Hall of Fame lic servant, as Dr. Jean Malecki is leaving the Res. 125 will help us accomplish this goal and and was also voted the top UT football player Palm Beach County Department of Health. Dr. I thank my colleagues for joining me in voting of all time. Malecki has been with the Department of unanimously for its passage yesterday. From 1974–77, Earl Campbell compiled Health since 1989, serving as its Director for 4,443 yards and forty touchdowns. In college, the last 17 years. f his games usually ended with his rushing total Born and raised in South Florida, Dr. HONORING THE ACHIEVEMENTS OF above 100 yards. In fact, he rushed for over Malecki has dedicated herself to making Palm WINTER HAVEN HOSPITAL 100 yards twenty-one times, and twice he Beach County the healthiest community in the rushed for over 200 yards in a single game. nation. She created the Healthy Start program HON. ADAM H. PUTNAM He finished his career with the Longhorns as in which nurses make in-home visits through- OF FLORIDA a two-time All-American and winner of the out a woman’s pregnancy to provide coun- IN THE HOUSE OF REPRESENTATIVES 1977 Heisman Trophy. seling to expectant mothers. She expanded Campbell is known as the ‘‘Tyler Rose’’ in the number of primary clinics, where they now Thursday, March 12, 2009 reference to his hometown of Tyler, Texas treat 67,000 patients annually. Mr. PUTNAM. Madam Speaker, the state of which is known as the ‘‘Rose Capital of Amer- Her leadership was most visible shortly after health care in our country can be well meas- ica’’ for its rose-growing industry. His legacy in the attacks of September 11, 2001, when she ured by the quality of service provided by our

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.002 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS E652 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2009 nation’s hospitals. I applaud Winter Haven thoughts and prayers during this very difficult Description of Request: $24,291,000 for the Hospital as it celebrated its designation as a time. National Writing Project to fund programs in nursing Magnet hospital on Tuesday, February f teacher development, quality writing, and re- 24, 2009. search to help improve student performance in The Magnet distinction is a great accom- EARMARK DECLARATION writing across the nation. plishment for Winter Haven Hospital, the first (4) Requesting Member: TIMOTHY V. JOHN- institution in Polk County to achieve this HON. TIMOTHY V. JOHNSON SON honor. The American Nurses Credentialing OF ILLINOIS Bill Number: Fiscal Year 2009 Labor-HHS- Center established the Magnet Recognition IN THE HOUSE OF REPRESENTATIVES Education Appropriations bill included in H.R. 1105 Program to recognize excellence in patient Thursday, March 12, 2009 care and nursing practice in healthcare organi- Account: Innovation and Improvement zations across the country. Mr. JOHNSON of Illinois. Madam Speaker, Legal Name of Requesting Entity: Reading Recognition as a Magnet organization re- I submit the following: is Fundamental Address of Requesting Entity: 1825 Con- quires that an institution meet a series of qual- (1) Requesting Member: TIMOTHY V. JOHN- necticut Avenue, NW., Washington, DC 20009 ity indicators and standards in nursing prac- SON Bill Number: Fiscal Year 2009 Labor-HHS- Description of Request: $24,803,000 for the tice. Only about 5 percent of our nation’s hos- Reading is Fundamental program which pre- pitals have attained this honor, which is a true Education Appropriations bill included in H.R. 1105 pares children to read by delivering free books testament to Winter Haven Hospital’s commit- and literacy resources to children in-need ment to quality healthcare. Account: Higher Education Legal Name of Requesting Entity: Eastern across the country. Since its establishment in 1928, Winter (5) Requesting Member: TIMOTHY V. JOHN- Illinois University Haven Hospital has proven itself time and SON Address of Requesting Entity: 600 Lincoln again as a strong local hospital with a reputa- Bill Number: Fiscal Year 2009 Labor-HHS- Avenue, Charleston, IL 61920 tion of quality specialty care and exceptional Education Appropriations bill included in H.R. Description of Request: $190,000 for the patient relations. In 2003, Winter Haven Hos- 1105 pital received the Best Places to Work Award Eastern Illinois University for the purchase of Account: Innovation and Improvement by Polk Works Workforce 2020. The hospital a new campus-wide siren and emergency sys- Legal Name of Requesting Entity: Center for has also received high marks for its Stroke tem upgrade to extend the communication Civic Education Center, including the Gold Get-With-The-Goals from the county emergency management offi- Address of Requesting Entity: 5145 Douglas Stroke Award received in 2008. Winter Haven cials into the classrooms and other interior Fir Road, Calabasas, California 91302 Hospital has also earned The Joint Commis- public campus space. The proposed system Description of Request: $25,095,000 for the sion’s Gold Seal of Approval, and consistently will have emergency notification from both the Center for Civic Education to be used to sup- extends a great deal of resources to commu- classroom to the emergency responders and port programs that educate American students nity support, including babysitting classes for also from the emergency responders into the about our nation’s fundamental ideals and young teenagers and cancer support groups. classrooms. The systems will be designed to democratic values. Under the leadership of President Lance crosstalk between the campus distributed fire (6) Requesting Member: TIMOTHY V. JOHN- Anastasio, I am confident that Winter Haven alarm systems, computer network, and wire- SON Hospital will continue to be a leader in pro- less speakers. This system will be expanded Bill Number: Fiscal Year 2009 Labor-HHS- viding high quality healthcare to the citizens of to provide more effective and efficient notifica- Education Appropriations bill included in H.R. Central Florida and continue to grow as a cen- tion to the campus and public. Of this funding, 1105 ter of medical excellence. $90,400 will be used for 226 interior speakers Account: Safe Schools and Citizenship Edu- cation f at public locations around the campus, $33,500 will be used to install the wireless Legal Name of Requesting Entity: National A TRIBUTE TO CORPORAL DONTE computer center, $6,700 will retrofit existing Council of Economic Education JAMAL WHITWORTH alarms and interface with radio connections, Address of Requesting Entity: 1140 Avenue $21,200 will be spent to purchase and install of the Americas, Suite 202, New York, New HON. DAN BURTON panic buttons and their mobile receivers York 10036 across campus, and $38,200 is set aside for Description of Request: $5,019,000 for the OF INDIANA National Council of Economic Education to IN THE HOUSE OF REPRESENTATIVES Higher Education (FIPSE) administrative costs. support programs that educate American stu- Thursday, March 12, 2009 dents about our nation’s fundamental ideals (2) Requesting Member: TIMOTHY V. JOHN- and democratic values. Mr. BURTON of Indiana. Madam Speaker, I SON (7) Requesting Member: TIMOTHY V. JOHN- rise today to salute the life of Corporal Donte Bill Number: Fiscal Year 2009 Transpor- SON Jamal Whitworth of Noblesville, Indiana who tation-HUD Appropriations bill included in H.R. Bill Number: Fiscal Year 2009 Energy & died on Saturday, February 28th, 2009 while 1105 Water Appropriations bill included in H.R. serving our country near Al Taquddum Air Account: Economic Development Initiatives 1105 Base, about 50 miles west of Baghdad. Legal Name of Requesting Entity: Octave Account: Army Corps of Engineers, Inves- Donte graduated from Noblesville High Chanute Aerospace Heritage Foundation- tigations School in 2005 and promptly joined the United Chanute Air Museum Legal Name of Requesting Entity: U.S. States Marine Corps where he served for the Address of Requesting Entity: 1011 Pace- Army Corps of Engineers, Rock Island District last 4 years. Most recently he deployed to Iraq setter Drive, Rantoul, IL 61866 Address of Requesting Entity: Clock Tower as part of Operation Iraqi Freedom where he Description of Request: $118,750 for the Bldg., PO Box 2004, Rock Island, IL 61204 was responsible for commanding supply con- construction of a new building for historic air- Description of Request: $8,604,000 for the voys. Donte’s commitment for this country is craft display. Of this amount, $70,000 will be first phases of construction of new 1,200 foot something we can all be proud of. used for property acquisition, $8,000 will be al- lock chambers at L/Ds 20, 21, 22, 24, 25, La- A marine and a soldier, he served to pro- located for a site survey, $13,000 will be used Grange and Peoria; for implementing small- mote freedom. He gave his life in defense of to conduct a feasibility study by an architec- scale navigation aids; and beginning eco- his family, community, State and Nation. He tural firm, and $27,750 will be used for the in- system restoration projects along the Mis- made our world safer. He made his family and stallation of public facilities on site. sissippi River and Illinois Waterway. This re- every American proud. For this, each and (3) Requesting Member: TIMOTHY V. JOHN- quest is consistent with the intended and au- every American owes him and his family a SON thorized purpose of the Army Corps of Engi- great debt of gratitude. Bill Number: Fiscal Year 2009 Labor-HHS- neers, Investigations account and has pre- Madam Speaker, Corporal Donte Jamal Education Appropriations bill included in H.R. viously been authorized by P.L. 99–662 and Whitworth is a true American hero who made 1105 P.L. 110–280 Sec. 8001–8005. the ultimate sacrifice for his country. He will be Account: Innovation and Improvement (8) Requesting Member: TIMOTHY V. JOHN- deeply missed, but the strength of his char- Legal Name of Requesting Entity: National SON acter and the courage he demonstrated Writing Project Bill Number: Fiscal Year 2009 Energy & through his service will live on. I ask my col- Address of Requesting Entity: 2105 Bancroft Water Appropriations bill included in H.R. leagues to keep his family and friends in their Way #1042, Berkeley, California 94720 1105

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.007 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS March 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E653 Account: Army Corps of Engineers, Con- Berkeley, San Francisco, and California Bay Diamondbacks, and Rod Thorn, President and struction Area. Manager of the New Jersey Nets called West Legal Name of Requesting Entity: U.S. Delta Sigma Theta Sorority, Incorporated is Virginia home in their childhoods. Army Corps of Engineers, Rock Island District a sisterhood of more than 250,000 predomi- February 20th marked the 100th birthday of Address of Requesting Entity: Clock Tower nately African American college educated the City of Princeton. I invite you all to join me Building, PO Box 2004, Rock Island, Il 61204 women. The sorority currently has over 950 in celebrating this great City! Happy birthday Description of Request: $17,713,000 to ad- chapters throughout the world including the Princeton! dress the adverse impacts to the aquatic eco- United States, England, Japan, Germany, the system caused by maintenance of the river’s Virgin Islands, Bermuda, the Bahamas and the f navigation channel. This includes habitat reha- Republic of Korea. bilitation and measures to determine if en- The local Berkeley Bay Area Chapter was COMPREHENSIVE HEALTH CARE hancement projects are effectively preserving chartered in 1934 and has membership rep- REFORM ACT and improving fish and wildlife habitat on the resentation from all cities in the California Bay river. Area. The major programs of the sorority are f based upon the organization’s Five Point HON. RON PAUL Thrust of economic development, educational OF TEXAS EARMARK DECLARATION development, international awareness and in- volvement, physical and mental health, polit- IN THE HOUSE OF REPRESENTATIVES HON. J. RANDY FORBES ical awareness and involvement. Through their Thursday, March 12, 2009 OF VIRGINIA outreach they provide a myriad of programs IN THE HOUSE OF REPRESENTATIVES and services benefitting local cities and com- Mr. PAUL. Madam Speaker, America faces a crisis in health care. Health care costs con- Thursday, March 12, 2009 munities. This past week we were honored to wel- tinue to rise while physicians and patients Requesting Member: Congressman J. come members of the Berkeley Bay Area struggle under the control of managed-care RANDY FORBES Chapter along with approximately 1,100 mem- ‘‘gatekeepers.’’ Obviously, fundamental health Bill Number: H.R. 1105 bers of Delta Sigma Theta from across the care reform should be one of Congress’ top Account: Labor, HHS, Education, Depart- country to Capitol Hill during their 20th annual priorities. ment of Health & Human Services, Health Re- ‘‘Delta Days in the Nation’s Capitol Con- Unfortunately, most health care ‘‘reform’’ sources and Services Administration ference.’’ During their visit in Washington the proposals either make marginal changes or (HRSA)—Health Facilities and Services Sorority members discussed a variety of exacerbate the problem. This is because they Legal Name of Requesting Entity: Children’s issues including the American Recovery and fail to address the root of the problem with Hospital of the Kings Daughters Reinvestment Act of 2009, DC Voting Rights health care, which is that government polices Address of Requesting Entity: 601 Chil- and the 2010 Census. encourage excessive reliance on third-party dren’s Lane, Norfolk, VA 23507 ‘‘In Full Stride at Seventy-Five’’ is the Berke- payers. The excessive reliance on third-party Description of Request: Provides ley Bay Area Alumnae Chapter of Delta Sigma payers removes all incentive from individual $1,000,000 to the Children’s Hospital of the Theta’s 75th anniversary theme. We are hon- patients to concern themselves with health Kings Daughters (CHKD) Health Center to ored to recognize this exemplary organization care costs. Laws and policies promoting provide optimal accessibility, convenience, as it celebrates three-quarters of a century of Health Maintenance Organizations (HMOs) re- continuity and quality of care by co-locating service to the community. sulted from a desperate attempt to control spi- primary care practices, specialist offices, sur- f raling costs. However, instead of promoting an gical practices, physical, occupational and efficient health care system, HMOs further IN RECOGNITION OF THE 100TH speech therapy services in one location in took control over health care away from the in- BIRTHDAY OF THE CITY OF close proximity to the interstate and within the dividual patient and physician. heart of the city’s pediatric population. Chesa- PRINCETON, WEST VIRGINIA peake, Virginia has the second highest con- Returning control over health care to the in- centration of children in the Hampton Roads HON. NICK J. RAHALL II dividual is the key to true health care reform. region, with 20 percent of the pediatric popu- The Comprehensive Health Care Reform Act OF WEST VIRGINIA puts control of health care back into the hands lation (ages 0–17) from the south side living IN THE HOUSE OF REPRESENTATIVES within this community. The need for pediatric of the individual through tax credits, tax de- specialists in the Norfolk, Virginia area has Thursday, March 12, 2009 ductions, improving Health Savings Accounts, outstripped the capacity of the current CHKD Mr. RAHALL. Madam Speaker, I rise today and Flexible Savings Accounts. Specifically, building, with all inpatient and outpatient serv- in recognition of the 100th birthday of the the Comprehensive Health Care Reform Act: ices at or beyond capacity. Funds will be used great City of Princeton, West Virginia. A. Provides all Americans with a tax credit to assist in the building of a centralized multi- In West Virginia, transportation industries for 100 percent of health care expenses. The specialty children’s health center in the Norfolk and coal mining have played an integral role tax credit is fully refundable against both in- area. CHKD has already demonstrated suc- in the economic development of the region. come and payroll taxes; cess in building a regional facility at Oyster The City of Princeton is no exception. As early B. Allows individuals to roll over unused Point in Newport News, Virginia, which is ex- as the nineteenth century, emerging transpor- amounts in cafeteria plans and Flexible Sav- ceeding all patient forecasts. tation technology, the railroad, and a Nation ings Accounts (FSA); demanding West Virginia’s coal helped form f C. Provides a tax credit for premiums for a booming new industry in the Princeton area. high-deductible insurance policy connected TRIBUTE TO DELTA SIGMA THETA: Much of the coal produced was sent west to with a Health Savings Account (HSA) and al- BERKELEY BAY AREA ALUMNAE the Great Lakes region or east to Baltimore, lows seniors to use funds in an HSA to pay for CHAPTER New York City and New England, heating our a medigap policy; great Nation and providing steam power to the HON. FORTNEY PETE STARK U.S. Navy. D. Repeals the 7.5 percent threshold for the deduction of medical expenses, thus making OF CALIFORNIA What was once a small railroad-side village all medical expenses tax deductible. IN THE HOUSE OF REPRESENTATIVES in beautiful Mercer County is now a thriving city with a population of 6,300. Between By providing a wide range of options, this Thursday, March 12, 2009 25,000 and 28,000 pass through each day, bill allows individual Americans to choose the Mr. STARK. Madam Speaker, Ms. LEE of bringing business and goods to a city with a method of financing health care that best suits California and I rise today to pay tribute to the history as rich and varied as the state itself. their individual needs. Increasing frustration Berkeley Bay Area Alumnae Chapter of Delta Many notable actors and sports team own- with the current health care system is leading Sigma Theta Sorority on the occasion of their ers at one point called Princeton home. Kevin more and more Americans to embrace this ap- 75th Diamond Anniversary on March 28, 2009. Sizemore, of the television show Prison Break, proach to health care reform. I hope all my The Berkeley Bay Area Alumnae Chapter is and Sam Eliot, who was in We Were Soldiers colleagues will join this effort to put individuals the local chapter of the Delta Sigma Theta So- both hailed from our hallowed hills. And Ken back in control of health care by cosponsoring rority Incorporated and encompasses the Kendrick, owner of the Arizona the Comprehensive Health Care Reform Act.

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A12MR8.009 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS E654 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2009 HONORING JUSTIN BALFANY chest compressions and provided air for his ethnic and regional dialects. When large num- lungs, which kept him stable and breathing bers of refugees arrived from Southeast Asia, HON. ADRIAN SMITH until the Washington medics arrived 10 min- CAL responded with resources to support their OF NEBRASKA utes later. orientation and resettlement. In the last sev- IN THE HOUSE OF REPRESENTATIVES I had the honor to be able to meet with eral decades, attention to the education of these local heroes when they were in Wash- child and adult immigrants has expanded sig- Thursday, March 12, 2009 ington with the Council of County Govern- nificantly. Recently, the organization has ad- Mr. SMITH of Nebraska. Madam Speaker, I ments (COG) as part of the ‘‘One Voice’’ dele- dressed national security needs by expanding rise today to remember a young Nebraskan gation, which unites communities and regional the availability of resources in critical lan- who left this world too soon. Justin Balfany, 15 interests in a voluntary and collaborative effort guages, such as Arabic and Chinese. years old, will be laid to rest tomorrow after- to promote and bring attention to the needs of From its inception, CAL has grown and noon. My heart goes out to his parents Greg the local community and regions. evolved to meet the needs of a changing and Susan, his sister Kaci and the rest of his Madam Speaker, I rise today to commend world by providing reliable and objective infor- family, and I pray they find comfort in the com- and thank Sheriff Mims, Supervisor Case, mation and by making complex linguistic ing days. Julianne Tuggle from Supervisor Anderson’s issues comprehensible to students, research- Justin had a strong faith in God and in his office, and Darren Rose from my office for ers, teachers, parents, policy makers, and the fellow students. He has been described as a their service to the community and their her- general public. Central to its work is its re- ‘‘tremendous young man’’ who competed in oism in providing emergency services to sta- search and seminal publications that serve as tennis, baseball, and basketball. He was ac- bilize and preserve the life of this citizen in the basis for assessment, language education, tive in his church and in other groups in his D.C. and in their everyday efforts on the job. bilingual education, English as a foreign/sec- hometown of Kearney. f ond language, language policy, and second Last year, he was invited to attend Presi- FIFTIETH ANNIVERSARY OF THE language acquisition. Details of CAL’s current dent Barack Obama’s nomination acceptance work can be found at its website www.cal.org. speech at the Democratic National Convention CENTER FOR APPLIED LINGUIS- TICS in Denver, where he served as a cor- f respondent for his hometown newspaper, the Kearney Hub, as well as the Sidney Sun Tele- HON. RUBE´N HINOJOSA EARMARK DECLARATION graph. OF TEXAS I was fortunate to have met Justin last year. IN THE HOUSE OF REPRESENTATIVES HON. JEFF FORTENBERRY I was impressed with his intelligence, his spirit, Thursday, March 12, 2009 and his dedication. OF NEBRASKA Justin’s spirit and his enthusiasm with his Mr. HINOJOSA. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES today to congratulate the Center for Applied church, his friends, and his community re- Thursday, March 12, 2009 minds us what it means to be a Nebraskan. Linguistics (CAL), which is celebrating its fif- He will be missed by many. tieth anniversary this year. Mr. FORTENBERRY. Madam Speaker, pur- f CAL was established in 1959 in Wash- suant to the Republican Leadership standards ington, DC by a grant from the Ford Founda- on member requests, I am submitting the fol- HONORING EMERGENCY RESPONSE tion. At the close of the 1950s, issues of U.S. lowing information regarding-an-earmark I re- MEMBERS language capacity, interest in U.S. and inter- ceived as part of H.R. 1105, the FY09 Omni- national language policy, and the emergence bus Appropriations Bill: HON. GEORGE RADANOVICH of English as a world language created a de- Requesting Member: Congressman JEFF OF CALIFORNIA mand for expertise in linguistics and language FORTENBERRY IN THE HOUSE OF REPRESENTATIVES training. CAL’s primary function was to serve Bill Number: H.R. 1105, FY09 Omnibus Ap- as a liaison between the academic world of propriations Bill Thursday, March 12, 2009 linguistics and the language-related concerns Account: Economic Development Initiatives Mr. RADANOVICH. Madam Speaker, I rise of the practical world. CAL was the first orga- today to honor and thank Fresno County Sher- nization to focus on the identification of quali- Project Name: CEDARS Children’s Crisis iff Margaret Mims, Supervisor Judy Case, fied personnel for language-related profes- Center Julianne Tuggle, and Darren Rose for their he- sions, professional development for language Amount: $142,500 roic efforts in an emergency situation in Wash- teachers and development of linguistically Name and Address of Requesting Entity: ington, D.C. on February 11, 2009. Sheriff sound materials for English as a second lan- CEDARS Youth Services, Inc., located at 620 Mims, Supervisor Case, Julianne Tuggle from guage as well as foreign language instruction. North 48th Street, Lincoln, Nebraska 68504. Supervisor Susan Anderson’s office, and CAL’s original mandate was to improve the Description: The funding will be used for Darren Rose from my district office deserve teaching of English around the world; encour- construction of a new Children’s Crisis Center full recognition for their responsiveness and age the teaching and learning of less com- for abused, homeless, and runaway youth in public service in the nation’s capital, where monly taught languages; contribute new Southeast Nebraska. CEDARS Youth Services they gave first aid to an individual who was in knowledge to the field by conducting language plans to build a children’s crisis center to pro- a state of cardiac arrest. The 21-year-old man research; and serve as a clearinghouse for in- vide short-term emergency shelter, immediate was unresponsive and lying face down on the formation collection, analysis, and dissemina- professional assessment of each child’s ground in a crowded Metro station near the tion and as a coordinating agency to bring to- needs, intense family-centered therapeutic Capitol building. gether scholars and practitioners involved in services, and an environment that inspires a Julianne and Darren were the first upon the language-related issues. This was accom- rapid return to stable and enduring family liv- scene; Julianne initiated the emergency re- plished by convening meetings and issuing ing. The 18,000 square foot facility will not sponse among the eclectic mix of Fresno papers that addressed crucial language and only provide immediate safety and protection County Officials in the vicinity while Darren education issues; consulting with ministries of for vulnerable children and youth across the Rose called 911 and coordinated the response education of countries that were newly inde- Midwest, but also a comfortable family-friendly with DC fire and emergency medical services. pendent, particularly in East Africa and the setting for them to begin reunification or to Julianne was able to procure a pocket face Middle East; working on English language meet prospective foster parents in a safe, pro- mask. Supervisor Case affixed the mask and learning among Native American populations; fessional supervised setting. While primarily breathed for the patient. Sheriff Mims and Su- and developing materials in the less com- helping persons from the Midwest area, the pervisor Case began skilled compression and monly taught languages. Center has recently served youth from the breathing coordination efforts until the man, During the Cold War, CAL enabled Eastern states of Tennessee, Georgia, California, who originally had no pulse, was able to European scholars to disseminate their work Michigan, Texas and others. CEDARS is the breathe on his own. Sheriff Mims has been in linguistics. During the height of the civil only emergency shelter provider for children trained in first aid, and Supervisor Case is a rights movement, CAL developed the Urban and youth in Southeast Nebraska, and this registered nurse who had just been recertified Language Program and invested resources in children’s crisis center will expand the current in CPR, and knew the most current standard American dialect work, beginning with African service capacity by as many as 12 children medical procedure. Together, they performed American varieties and expanding to other each day. This is a 50% increase.

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A12MR8.014 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS March 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E655 PERSONAL EXPLANATION One such example is that of Barbara Varon. which takes a first step towards restoring a A native of Germany, Varon immigrated to true free market in health care by restoring the HON. MIKE COFFMAN America as an adult and was devoted to her rights of freedom of contract and association OF COLORADO adopted land. As a world traveler who could to health care professionals. For over a dec- IN THE HOUSE OF REPRESENTATIVES speak several languages, she worked as a ade, we have had much debate in Congress translator. Joining the Fairfax County General about the difficulties medical professionals and Thursday, March 12, 2009 Registrar’s Office, she was committed to a patients are having with Health Maintenance Mr. COFFMAN. Madam Speaker, on rollcall voter registration outreach program for high Organizations (HMOs). HMOs are devices No. 100 I was not recorded because I was ab- school students. Using her linguistic skills, she used by insurance industries to ration health sent so that I might testify at a public hearing wrote brochures and designed pamphlets to care. While it is politically popular for members before the Colorado Ethics Commission. Had inform the voting public. Her dedication led her of Congress to bash the HMOs and the insur- I been present, I would have voted ‘‘no.’’ to the position of chairman of the Fairfax ance industry, the growth of the HMOs are On rollcall No. 101 I was not recorded be- County Electoral Board, a position in which rooted in past government interventions in the cause I was absent so that I might testify at she faithfully continued to serve her goal of health care market though the tax code, the a public hearing before the Colorado Ethics seeing every citizen involved in the electoral Employment Retirement Security Act (ERSIA), Commission. Had I been present, I would process. Varon also donated her time to many and the federal anti-trust laws. These interven- have voted ‘‘yes.’’ volunteer organizations and frequently made tions took control of the health care dollar On rollcall no. 102 I was not recorded be- generous anonymous donations to those in away from individual patients and providers, cause I was absent so that I might testify at need. Varon fought valiantly for the rights and thus making it inevitable that something like a public hearing before the Colorado Ethics privileges of all residents to participate in the the HMOs would emerge as a means to con- Commission. Had I been present, I would electoral process, and today, an award is trol costs. have voted ‘‘yes.’’ granted annually in her name to a Fairfax Many of my well-meaning colleagues would On rollcall no. 103 I was not recorded be- County resident whose dedication to improving deal with the problems created by the HMOs cause I was absent so that I might testify at the community through volunteer service hon- by expanding the federal government’s control a public hearing before the Colorado Ethics ors her memory. over the health care market. These interven- Commission. Had I been present, I would Phyllis Campbell Newsome, another exem- tions will inevitably drive up the cost of health have voted ‘‘yes.’’ plary woman from Virginia’s Eleventh District, care and further erode the ability of patents On rollcall no. 104 I was not recorded be- devoted her life to bringing together nonprofit and providers to determine the best health cause I was absent so that I might testify at organizations in the Greater Washington area. treatments free of government and third-party a public hearing before the Colorado Ethics As the Center for Nonprofit Advancement’s Di- interference. In contrast, the Quality Health Commission. Had I been present, I would rector of Advocacy and Community Relations, Care Coalition Act addresses the problems as- have voted ‘‘no.’’ Newsome understood the power and strength sociated with HMOs by restoring medical pro- On rollcall no. 105 I was not recorded be- of coalitions. It was frequently the power of fessionals’ freedom to form voluntary organi- cause I was absent so that I might testify at her persuasion that brought together those zations for the purpose of negotiating con- a public hearing before the Colorado Ethics with the strongest of convictions and con- tracts with an HMO or an insurance company. Commission. Had I been present, I would vinced them to put aside differences, enabling As an OB–GYN who spent over 30 years have voted ‘‘no.’’ a powerful nonprofit community bent on posi- practicing medicine, I am well aware of how On rollcall no. 106 I was not recorded be- tive change. Additionally, she was a consistent young physicians coming out of medical cause I was absent so that I might testify at and reliable source for the media and other school feel compelled to sign contracts with a public hearing before the Colorado Ethics community leaders who needed to know how HMOs that may contain clauses that com- Commission. Had I been present, I would the nonprofit community would be affected by promise their professional integrity. For exam- have voted ‘‘yes.’’ anything from a hot button issue to a broad ple, many physicians are contractually forbid- On rollcall no. 107 I was not recorded be- policy change. Often quoting Tip O’Neill’s, ‘‘All den from discussing all available treatment op- cause I was absent so that I might testify at politics are local,’’ she felt she could be most tions with their patients because the HMO a public hearing before the Colorado Ethics effective helping those she especially cared gatekeeper has deemed certain treatment op- Commission. Had I been present, I would about — the poor and underserved commu- tions too expensive. In my own practice, I tried have voted ‘‘no.’’ nities—by working with local elected officials hard not to sign contracts with any health in- On rollcall no. 108 I was not recorded be- rather than at the state or even federal levels. surance company that infringed on my ability cause I was absent so that I might testify at A true community advocate, Phyllis Newsome to practice medicine in the best interests of my a public hearing before the Colorado Ethics is also memorialized by an annual award that patients and I always counseled my profes- Commission. Had I been present, I would is granted to an outstanding group of public sional colleagues to do the same. Unfortu- have voted ‘‘yes.’’ servants for their dedication to the region’s On rollcall no. 109 I was not recorded be- nately, because of the dominance of the HMO nonprofit community. in today’s health care market, many health cause I was absent so that I might testify at While neither of these outstanding women a public hearing before the Colorado Ethics care professionals cannot sustain a medical are with us today, their legacy lives on through practice unless they agree to conform their Commission. Had I been present, I would the recognition of the ongoing contributions of have voted ‘‘yes.’’ practice to the dictates of some HMO. the noble men and women of our District that One way health care professionals could f occur annually in their name. The arrival of counter the power of the HMOs would be to RECOGNIZING WOMEN OF NORTH- Women’s History Month serves to remind us form a voluntary association for the purpose of ERN VIRGINIA IN HONOR OF that we are fortunate to have such a legacy of negotiating with an HMO or an insurance com- WOMEN’S HISTORY MONTH service in our rich historical tapestry. I ask that pany. However, health care professionals who my colleagues join me in applauding the con- attempt to form such a group run the risk of HON. GERALD E. CONNOLLY tributions of Barbara Varon, Phyllis Campbell persecution under federal anti-trust laws. This Newsome, and the women of the Eleventh not only reduces the ability of health care pro- OF VIRGINIA Congressional District of the Commonwealth IN THE HOUSE OF REPRESENTATIVES fessionals to negotiate with HMOs on a level of Virginia, past and present, in honor of playing field, but also constitutes an unconsti- Thursday, March 12, 2009 Women’s History Month. tutional violation of medical professionals’ free- Mr. CONNOLLY of Virginia. Madam Speak- f dom of contract and association. er, I rise today to recognize Women’s History INTRODUCING THE QUALITY Under the United States Constitution, the Month by bringing my colleagues’ attention to HEALTH CARE COALITION ACT federal government has no authority to inter- some of the remarkable women of the Elev- fere with the private contracts of American citi- enth Congressional District of the proud Com- zens. Furthermore, the prohibitions on con- monwealth of Virginia. These women, like so HON. RON PAUL tracting contained in the Sherman antitrust OF TEXAS many in our District and throughout this na- laws are based on a flawed economic theory IN THE HOUSE OF REPRESENTATIVES tion, worked tirelessly for their families and which holds that federal regulators can im- communities at great personal expense, and Thursday, March 12, 2009 prove upon market outcomes by restricting the deserve recognition for their exceptional con- Mr. PAUL. Madam Speaker, I am pleased to rights of certain market participants deemed tributions to our region’s more recent history. introduce the Quality Health Care Coalition Act too powerful by the government. In fact, anti-

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.018 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS E656 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2009 trust laws harm consumers by preventing the were active in developing the Lexington Senior and requiring that Foreign Service Officers re- operation of the free-market, causing prices to Center and subsequently the 4–Life Center. ceive women’s rights related training. rise, quality to suffer, and, as is certainly the The senior center was later named the Mar- This resolution in support of International case with the relationship between the HMOs garet Gray Senior Center in honor of her hard Women’s Day recognizes the strength, leader- and medical professionals, favoring certain in- work and financial support. ship, and capability demonstrated by women dustries over others. Madam Speaker, Margaret L. Gray was an in every village, city, and country. I ask my By restoring the freedom of medical profes- influential member in the Lexington commu- colleagues to join me in reaffirming their com- sionals to voluntarily come together to nego- nity. I know the members of the House will mitments to protecting the rights of women tiate as a group with HMOs and insurance join me in extending their heartfelt condo- and girls around the world, by observing Inter- companies, this bill removes a government-im- lences to her family and friends. She will be national Women’s Day, and by honoring wom- posed barrier to a true free market in health greatly missed. en’s contributions every day. care. Of course, this bill does not infringe on f f the rights of health care professionals by forc- ing them to join a bargaining organization SUPPORTING THE GOALS OF INTRODUCTION OF THE MAJOR against their will. While Congress should pro- INTERNATIONAL WOMEN’S DAY DRUG TRAFFICKING PROSECU- tect the rights of all Americans to join organi- TION ACT OF 2009 SPEECH OF zations for the purpose of bargaining collec- tively, Congress also has a moral responsi- HON. CAROLYN B. MALONEY HON. MAXINE WATERS bility to ensure that no worker is forced by law OF NEW YORK OF CALIFORNIA to join or financially support such an organiza- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tion. Wednesday, March 11, 2009 Thursday, March 12, 2009 Madam Speaker, it is my hope that Con- gress will not only remove the restraints on Mrs. MALONEY. Mr. Speaker, I rise today in Ms. WATERS. Madam Speaker, today I am medical professionals’ freedom of contract, but support of H. Res. 194, a resolution to support introducing the Major Drug Trafficking Pros- will also empower patients to control their the goals of International Women’s Day. I’d ecution Act of 2009. This legislation will health care by passing my Comprehensive like to take this opportunity to commend the refocus federal prosecutorial resources on Health Care Reform Act. The Comprehensive work of my colleague, Rep. JAN SCHAKOWSKY, major drug traffickers and eliminate racial dis- Health Care Reform Act puts individuals back for introducing this resolution again in the parities created by the mandatory minimum in charge of their own health care by providing 111th Congress, and for her invaluable work sentences for powder and crack cocaine. Americans with large tax credits and tax de- in support of women’s rights as co-chair of the In the 1980s, Congress passed two Anti- ductions for their health care expenses, includ- Congressional Caucus on Women’s Issues. Drug Abuse Acts with the goal that federal ing a deduction for premiums for a high-de- In the United States and in countries around prosecutors would go after major drug traf- ductible insurance policy purchased in com- the world, women are agents of change, de- fickers at the top of the food chain, instead of bination with a Health Savings Account. Put- velopment, and prosperity, contributing in so low-level drug offenders at the bottom. ting individuals back in charge of their own many ways to the well-being of their families Lengthy mandatory minimum prison sentences health care decisions will enable patients to and communities. There is clear and abundant were passed for most drug crimes. These work with providers to ensure they receive the evidence that when women thrive, the entire mandatory terms are triggered based solely on best possible health care at the lowest pos- world thrives as well. the type and weight of the drug involved, and, sible price. If providers and patients have the However, the benefits of women’s full par- with very few exceptions, the courts cannot ability to form the contractual arrangements ticipation in economic, political, and social life sentence below them. that they find most beneficial to them, the are not being realized in many parts of the Twenty years later, mandatory drug sen- HMO monster will wither on the vine without world. In all regions, women are less likely tences have utterly failed to achieve the imposition of new federal regulations on than men to receive pay commensurate to the Congress’s goals. the insurance industry. value of their work, be given a voice in their First, these sentences are not stopping In conclusion, I urge my colleagues to sup- national governments, or have access to basic major drug traffickers. Huge quantities of port the Quality Health Care Coalition Act and human rights such as the right to an edu- drugs enter our country each year, but in 2005 restore the freedom of contract and associa- cation. In many countries, the United States the majority of crack and powder cocaine of- tion to America’s health care professionals. I included, domestic violence is further reducing fenses, for example, were street-level dealers, also urge my colleagues to join me in working the opportunities available to women and girls mules and lookouts and users, 61.5 percent to promote a true free market in health care to lead happy, healthy lives. H. Res. 194 is an and 53.1 percent, respectively. Mandatory by putting patients back in charge of the important step towards guaranteeing the basic minimums lock up thousands of small-time health care dollar by supporting my Com- rights of women and girls worldwide by calling sellers and addicts for decades. prehensive Health Care Reform Act. for an end to this discrimination. Second, mandatory minimums have length- Throughout my time in Congress, promoting ened drug sentences, creating the need for f women’s rights has been one of my top legis- more prisons and more taxpayer money to IN MEMORY OF MARGARET GRAY lative priorities. For years I have worked tire- pay for them. Before the advent of mandatory lessly with likeminded colleagues to restore sentences, drug offenders served an average HON. IKE SKELTON funding to UNFPA, an organization whose of 22 months in prison; by 2004, that average OF MISSOURI mission is to promote the right of every sentence had nearly tripled, to 62 months in IN THE HOUSE OF REPRESENTATIVES woman to enjoy a life of health and equal op- prison. Because of mandatory minimums, the portunity. I commend the new Administration federal prison budget has ballooned from $220 Thursday, March 12, 2009 for recognizing the value of this goal by com- million in 1986 to $5.4 billion in 2008. Mr. SKELTON. Madam Speaker, it is with mitting to funding UNFPA, including $50 mil- Longer sentences and more people in pris- deep regret that I inform the House of the lion in the FY09 Omnibus Appropriations Bill. on haven’t translated into safer streets. At death of Margaret Louise Gray of Lexington, However, more needs to be done in the some point, the effectiveness per dollar in pro- MO. 111th Congress to further women’s rights. moting increased public safety will decrease. Margaret was born October 27, 1931, in Ot- That is why I will be introducing a resolution For example, when crime dropped dramati- tawa, Kansas. She was married to William R. condemning the actions of the Taliban to re- cally between 1992 and 1997, imprisonment Gray, who preceded her in death on Sep- strict girls’ access to education in Swat, Paki- was responsible for just 25 percent of that re- tember 27, 1986. She is survived by a brother, stan, as well as H.R. 606, the International duction. Seventy five percent was attributed to Stephen Swaim, and two sisters, Doris Boyd Women’s Freedom Act. This bill reflects the factors other than incarceration. and Betty Chatman. goals of International Women’s Day in many Finally, mandatory minimums have a dis- Margaret was a member of the First Baptist ways, as it calls for concerted action on the proportionate impact on African Americans, Church of Lexington, the Lexington Business part of the State Department and Executive who comprise 12 percent of the U.S. popu- and Professional Woman’s Club, War Dads, Branch to advance the rights of women, in- lation and 14 percent of drug users, but 30 Elks, and a member of SORT. She was the cluding creating an Office of International percent of all federal drug convictions. African Director of Family Services in Lafayette Coun- Women’s Rights within the State Department, American drug defendants are 20 percent ty for many years. Both her husband and she establishing a women’s rights Internet site, more likely to be sentenced to prison than

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.019 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS March 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E657 white drug defendants. African Americans, on must not make it harder for Americans to give. stitutional authority to establish programs pro- average, serve almost as much time in federal I urge my colleagues to join me in opposing a viding free-or-reduced health care for the in- prison for a drug offense (58.7 months) as tax increase on charitable donations. dignant, the clear language of the takings whites do for a violent offense (61.7 months). f clause prevents Congress from placing the en- Much of this disparity is due to the severe tire burden of these programs on the medical penalties for crack cocaine. HONORING THE LIFE OF profession. The Major Drug Trafficking Prosecution Act CONGRESSMAN DANIEL E. BUTTON Ironically, the perceived need to force doc- of 2009 will help refocus important federal tors to provide medical care is itself the result prosecutorial resources to the major drug traf- HON. ERIC J. J. MASSA of prior government interventions into the fickers instead of low-level offenders and it will OF NEW YORK health care market. When I began practicing, provide more discretion to judges by making IN THE HOUSE OF REPRESENTATIVES it was common for doctors to provide uncom- pensated care as a matter of charity. How- some long overdue changes to current law: Thursday, March 12, 2009 eliminating all mandatory minimum sentences ever, government laws and regulations inflat- for drug offenses; curbing federal prosecutions Mr. MASSA. Madam Speaker, I would like ing the cost of medical services and imposing of low-level drug offenders; and allowing to take a moment to recognize the life and unreasonable liability standards on medical courts to place drug users on probation or achievements of Daniel E. Button, a former professionals even when they where acting in suspend the sentence. Congressman who represented New York’s a volunteer capacity made offering free care Mandatory minimums have been repealed 29th District. Button, who died this week at cost prohibitive. At the same time, the in- before. A 2008 report issued by Families age 91, was a father of five and a Columbia creased health care costs associated with the Against Mandatory Minimums describes how University-educated journalist in the late 1950s government-facilitated over-reliance in third Congress first enacted mandatory drug sen- and early 1960s. In 1966, dismayed by what party payments priced more and more people tences in the 1950s, then voted to repeal them he saw as entrenched corruption, Button de- out of the health care market. Thus, the gov- in 1970 because they failed to reduce drug cided to run for Congress and won by doing ernment responded to problems created by trafficking. I would like to refer Members to the the hard work of walking the district in a their interventions by imposing EMTALA man- report at the following site: http:// seemingly unattainable quest. He won by only date on physicians, in effect making the health www.famm.org/Repository/Files/ 17,000 votes but was re-elected in 1968 for a care profession scapegoats for the unintended 8189lFAMMlBoggsActlfinal.pdf. In a re- second term. Even though Button’s tenure as consequences of failed government health cent poll, 8 in 10 Americans agreed that New York’s 29th District Representative lasted care policies. courts—not Congress—should determine pris- only two terms, they were filled with Button’s EMTALA itself is having unintended con- on sentences, and 6 in 10 opposed mandatory drive to fight for what he believed was right. sequences that could result in less care avail- sentences for nonviolent offenders. Today’s For standing up and taking action for what he ability for low-income Americans at emergency Congress should heed the American people believed in, it is my pleasure to honor the late rooms. This is because EMTALA provides a and repeal mandatory minimums again. Congressman Daniel E. Button. disincentive for physicians from offering any I strongly urge my colleagues to support f emergency care. Many physicians have told The Major Drug Trafficking Prosecution Act of me in my district that they are considering cur- TREAT PHYSICIANS FAIRLY ACT 2009. tailing their practices, in part because of the f costs associated with the EMTALA mandates. HON. RON PAUL Many other physicians are even counseling CHARITABLE GIVING OF TEXAS younger people against entering the medical IN THE HOUSE OF REPRESENTATIVES profession because of the way the federal HON. HARRY E. MITCHELL Thursday, March 12, 2009 government treats medical professionals! The OF ARIZONA tax credit of the Treat Physicians Fairly Act Mr. PAUL. Madam Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES will help mitigate some of these unintended introduce the Treat Physicians Fairly Act, leg- Thursday, March 12, 2009 consequences. islation providing tax credits to physicians to The Treat Physicians Fairly Act does not re- Mr. MITCHELL. Madam Speaker, I rise compensate for the costs of providing uncom- move any of EMTALA’s mandates; it simply today in support of charitable giving. pensated care. This legislation helps com- provides that physicians can receive a tax Americans give generously. pensate medical professionals for the costs credit for the costs of providing uncompen- In the weeks following the deadly 2004 tsu- imposed on them by federal laws forcing doc- sated care. This is a small step toward restor- nami in Asia, donations from American char- tors to provide uncompensated medical care. ing fairness to the physicians. Furthermore, by ities outpaced official government aid by more The legislation also provides a tax deduction providing some compensation in the form of than $100 million. for hospitals who incur costs related to pro- tax credits, the Treat Physicians Fairly Act When Hurricane Katrina devastated the Gulf viding uncompensated care. helps remove the disincentives to remaining Coast of our nation, Americans responded Under the Emergency Medical Treatment active in the medical profession built into the with faster and more forceful giving than ever and Active Labor Act (EMTALA) physicians current EMTALA law. I hope my colleagues before. In the first 10 days, charitable giving who work in emergency rooms, as well as the will take the first step toward removing the un- topped $700 million. Ultimately, more than $4 hospitals, are required to provide care without constitutional burden of providing uncompen- billion was donated to the recovery effort. seeking compensation to anyone who comes sated care by cosponsoring the Treat Physi- Since the mid-1990s, charitable giving has into an emergency room. Thus, EMTALA cians Fairly Act. accounted for roughly 2 percent of our annual forces medical professionals and hospitals to f GDP, which is more than double the rate of bear the entire cost of caring for the indigent. giving in any other country. According to the June 2/9, 2003 edition of AM INTRODUCTION OF THE ‘‘STUDY And Madam Speaker, most donations don’t News, emergency physicians lose an average OF WAYS TO IMPROVE THE AC- come from big business. They come from of $138,000 per year because of EMTALA. CURACY OF THE COLLECTION OF hardworking Americans. Individuals account EMTALA also forces physicians and hospitals FEDERAL OIL, CONDENSATE, for 75 percent of charitable giving. to follow costly rules and regulations, and can AND NATURAL GAS ROYALTIES Recently, some have proposed limitations be fined $50,000 for failure to be in technical ACT’’ on the tax deduction for charitable giving. We compliance with EMTALA! face a staggering deficit, and I believe we Forcing physicians to offer their services HON. CAROLYN B. MALONEY must balance the budget—but not by raising without providing any form of compensation is OF NEW YORK taxes on these donations. a blatant violation of the takings clause of the IN THE HOUSE OF REPRESENTATIVES It has long been a hallmark of the U.S. tax Fifth Amendment. After all, the professional code that giving gets a tax break. Today, I skills with which one earns a living are a form Thursday, March 12, 2009 joined Rep. ROS-LEHTINEN of Florida to intro- of property. Therefore, legislation, such as Mrs. MALONEY. Madam Speaker, I am duce a resolution that would state this Cham- EMTALA, which forces individuals to use their pleased to reintroduce the ‘‘Study of Ways to ber’s support for charitable giving and its op- professional skills without compensation is a Improve the Accuracy of the Collection of Fed- position to raising taxes on donations. At this taking of private property. Regardless of eral Oil, Condensate, and Natural Gas Royal- time of great need at home and abroad, we whether the federal government has the con- ties Act,’’ which would commission a study by

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.022 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS E658 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2009 the National Academy of Engineering to exam- and three rounds of State playoffs to send INTRODUCTORY STATEMENT ON ine the policies and procedures for ensuring them to the semi-finals for the first time in over H.R. 1463 the oil and gas from federal lands is appro- a decade. priately measured for the purposes of paying Although many around Floyd County are HON. JANE HARMAN royalties. riding high on the team’s success, the girls of OF CALIFORNIA The bill has two components. The first calls the No. 2–ranked and unbeaten Lady Devils IN THE HOUSE OF REPRESENTATIVES on the National Academy of Engineering to are focused on getting back to work as they Thursday, March 12, 2009 study specific ways to improve the accuracy of prepare for tonight’s Final Four match-up the collection of royalties on oil and natural against Henry County at the Macon Ms. HARMAN. Madam Speaker, one of the gas from Federal and Tribal lands. The study Centreplex. most important challenges confronting the in- is needed because current methods used in telligence community is learning the nature of The Lady Devils are led by Coach Sally the United States for collecting, measuring, and damage done by the worldwide network in Echols, who actually played in Model High valuing, and storing oil and natural gas may nuclear centrifuge technology, bomb compo- School’s last trip to the Final Four in 1997. not lead to royalty payments that are as accu- nents and training run for almost two decades Echols has proved just as valuable as a head rate as they could be. by A. Q. Khan—the revered ‘‘father’’ of his coach as she was on the court—leading the Lawsuits have been filed alleging that en- country’s nuclear program. Considered a pa- Lady Devils to four straight Region Champion- ergy companies are underpaying billions of riah abroad but a hero at home, that task got ships. I ask that my colleagues join me in con- dollars in royalties because of these inaccura- a lot tougher when Pakistan’s High Court or- gratulating Coach Echols and the Model High cies—or possibly because of outright manipu- dered Khan released from house arrest last School Lady Blue Devils for their success on lation—in the process for determining royalty month. the court as well as the hard work and deter- payments. At the recent Wehrkunde Security Con- Many of these lawsuits have been settled, mination that got them there. I wish them luck ference in Munich, Pakistani Foreign Minister and we’re talking about a lot of money here: in the Final Four. Shah Mehmood Qureshi astonished dele- In 2000 and 2001, major oil companies set- gates, telling us that his government had not tled with the Justice Department for over half f decided whether to challenge the court deci- sion but that Pakistan would continue to mon- a billion dollars in two False Claims Act law- ON EL SALVADOR suits over oil and royalty underpayments. itor Khan. In 2004, Chevron paid out $111 million to For those who stay awake at night worrying the State of Louisiana for underpayments. HON. GUS M. BILIRAKIS about Iran’s increasing mastery of centrifuge In 2005, BP owned up to the tune of $233 technology and the ability of terror groups to in a Colorado case. OF FLORIDA access nuclear components, Pakistan’s action And, in a case still pending, Exxon Mobil IN THE HOUSE OF REPRESENTATIVES is distressing. may owe up to $3.6 billion or much more to When Khan ‘‘confessed’’ in 2004 to his ille- the State of Alabama for underpayments in Thursday, March 12, 2009 gal nuclear dealings, he was promptly placed royalties there. Mr. BILIRAKIS. Madam Speaker, I rise under ‘‘house arrest’’ and pardoned by then Certainly, for this kind of money, we can af- today to express my grave concern about the President Pervez Musharraf. The U.S. govern- ford to ask the experts who understand the upcoming elections in El Salvador this week. ment was denied access to him, and was technical issues here to study the major un- never able to question him about what he did Under its current and recent governments, derlying problems. and what else he knew. El Salvador has served as a Forward Oper- The second part of the bill is a review of Today, we introduce legislation to condition ating Location in the war on drugs and co- royalty payments. It provides for a comparison future military aid to Pakistan on two things: operates closely with the United States. How- of royalty payments made under federal oil that the Pakistani Government make A.Q. ever that may change if the opposition party, and gas lease provisions to data supplied to Khan available for questioning and that it mon- the FMLN, comes to power in Sunday’s elec- the Federal Energy Regulatory Commission. itor Khan’s activities. tion. This is to determine whether such payments This much we do know. As a university stu- were adequate under the terms of the oil and The Farabundo Martı´ National Liberation dent in Europe in the late 1960s and early gas leases. With completion of these studies, Front (FMLN) is a pro-terrorist party with direct 1970s, Khan earned degrees in metallurgical the Congress, Minerals Management Service, ties to sponsors of terror like Cuba, Iran, and engineering from institutions in Holland and and the Bureau of Land Management will FARC, the narcoguerrilla terrorist organization Belgium. In 1972, he began working for the have a better understanding of changes that in Colombia. Based on its relationships, the Dutch partner of a uranium enrichment con- should be undertaken to make the process FMLN clearly is not a reliable partner in the sortium and almost immediately raised eye- more accurate and transparent, and American fight on drug trafficking and money laundering. brows for repeated visits to a facility he was taxpayers will have a better chance of getting If the FMLN were to enter government in El not cleared to see and for inquiries made all the oil and gas royalties that they are Salvador, the Department of the Treasury about technical data unrelated to his own as- owed. would be forced to use its legal authority to signments. f monitor, control, delay, or terminate the move- Dutch intelligence quietly began to monitor ment of nearly $4 billion in remittances and him. In 1974, following India’s first nuclear HONORING THE MODEL HIGH other money transfers to El Salvador. test, Khan offered his expertise to Pakistani SCHOOL LADY DEVILS The United States must be prepared to Prime Minister Zulfikar Ali Bhutto. Later that apply, on an urgent basis, the full array of year, Khan’s company assigned him to work HON. PHIL GINGREY legal instruments available should cir- on Dutch translations of advanced, German- OF GEORGIA cumstances after the Salvadoran election re- designed centrifuges—data to which he had IN THE HOUSE OF REPRESENTATIVES quire the urgent termination of the flow of re- unsupervised access for 16 days. mittances to that country. By 1975, the damage appears to have been Thursday, March 12, 2009 done. Pakistan began to purchase compo- Mr. GINGREY. Madam Speaker, I rise today The government of El Salvador has shown nents for its domestic uranium enrichment pro- to recognize a talented group of girls from itself to be a reliable and trustworthy counter- gram from European suppliers, and Khan was Floyd County in Georgia’s 11th Congressional part regarding U.S. national security. For the transferred away from enrichment work due to District. As we move towards March Madness sake of the Salvadorans and the United concern about his activities. in college basketball, the Georgia High School States, I pray that the FMLN is defeated, so In December, he abruptly returned to Paki- Association’s state basketball playoffs are al- that the United States can maintain its special stan with blueprints for centrifuges and other ready underway. The Model High School Girl’s relationship with the government of El Sal- components and detailed lists of suppliers. Basketball Team—or Lady Devils—have vador. Convicted in absentia by the Dutch govern- soared to a perfect 30–0 record and are On Election Day, El Salvador will be choos- ment for nuclear espionage, beginning in the poised for a trip to the Georgia High School ing between remaining a close U.S. ally, or re- mid-1980s, Khan is widely believed to have Association’s Final Four tonight. aligning itself with countries hostile to the U.S. provided nuclear weapons technology to Iran, The Lady Devils’ road to the Final Four has Let’s hope they choose freedom, security, and North Korea, Libya and possibly Syria and led them through a Region 7AA Championship good neighborliness with the U.S. Iraq. His network involved front companies

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.026 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS March 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E659 and operatives in Dubai, Malaysia, Singapore, Companies like Veolia that care about the and women who serve in the Town of Hern- South Africa, South Korea, Switzerland and community they serve make Southeast Texas don Police Department. Their efforts, made on Turkey. Though much of the network was such a special place. behalf of the citizens of Fairfax County, are taken down following his confession, there is f selfless acts of heroism and truly merit our no conclusive evidence that it was destroyed. highest praise. We ask our colleagues to join Khan is again a loose nuke scientist with INTRODUCING THE NURSING HOME us in applauding this group of remarkable citi- proven ability to sell the worst weapons to the EMERGENCY ASSISTANCE ACT zens. worst people. Hopefully, appropriate Pakistani f officials worry as we do that their civilians HON. RON PAUL IN RECOGNITION OF TALLADEGA could become nuclear targets—as could OF TEXAS COLLEGE MEN’S BASKETBALL NATO soldiers in neighboring Afghanistan or IN THE HOUSE OF REPRESENTATIVES civilians in any number of Western countries. TEAM WINNING NATIONAL TITLE Our bill provides a path for the Zardari gov- Thursday, March 12, 2009 ernment to do the right thing—to allow the Mr. PAUL. Madam Speaker, I rise to intro- HON. MIKE ROGERS U.S. to evaluate the full extent of A. Q. Khan’s duce the Nursing Home Emergency Assist- OF ALABAMA proliferation activities in order to halt any on- ance Act. This act makes private, for-profit IN THE HOUSE OF REPRESENTATIVES going or future harm. nursing homes eligible for the same federal Thursday, March 12, 2009 f aid as is currently available to public nursing homes. Under current federal law, only public Mr. ROGERS of Alabama. Madam Speaker, VEOLIA ENVIRONMENTAL nursing homes may receive federal disaster I respectfully ask the attention of the House SERVICES assistance. However, hurricanes, tornadoes, today to pay recognition to The Talladega Col- and earthquakes do not distinguish between lege Tornadoes Men’s Basketball Team for HON. TED POE private and public, or for-profit and not-for- winning their first United States Collegiate Ath- OF TEXAS profit, nursing homes. letic Association National Championship Title. IN THE HOUSE OF REPRESENTATIVES As I have recently seen in my district, all The Talladega College Tornadoes won the Thursday, March 12, 2009 nursing homes face unique challenges coping national title on Saturday, March 7th in Uniontown, Pennsylvania on the Penn State Mr. POE of Texas. Madam Speaker, today with natural disasters and their aftermaths. It Fayette campus by beating Rochester College I am proud to honor Veolia Environmental is not fair to the taxpayers who work in, reside 45 to 31. Services and their facility in Port Arthur, TX, in, or have entrusted the care of their loved I am proud to recognize Head Coach Matt for their successful destruction of 1.5 million ones to, a private nursing home that private Cross, President Billy Hawkins and the entire gallons of what was once the deadly nerve nursing homes are denied the same federal Tornado team and staff for their outstanding agent VX. Working in conjunction with Tri- aid available to their public counterparts. Mr. athleticism both on and off the basketball State Motor Transit (TSMT) and the U.S. Army Speaker, the Nursing Home Emergency As- court. I congratulate each of these young men Chemical Materials Agency (CMA), they were sistance Act ensures all residents of nursing in claiming their first national championship for able to complete the project safely and on homes can benefit from federal disaster aid. I encourage my colleagues to support this legis- Talladega College. time. Players: Romondo Banks, Jorge Canedo, In the 1950s, the United States began to lation. Jeral Davis, Michael Ervine, Tory Guillory, stockpile VX. Signed by the U.S. in 1993, The f Micah Hagans, Ricardo Moss, Donell Pope, International Chemical Weapons Convention RECOGNIZING THE FAIRFAX COUN- Patrick Rodgers and Tarium Taylor. requires destruction of all chemical agents by TY CHAMBER OF COMMERCE 2009 Coaches: Matt Cross—Athletic Director and participating nations by specified target dates. VALOR AWARD RECIPIENTS Head Men’s Basketball Coach; Randy Pul- The U.S. had a stockpile of VX at the Newport ley—Assistant Coach; Ricky Smith—Assistant Chemical Weapons Depot in Newport, Indiana Coach; Hellion Knight—Assistant Coach; and where they could deactivate the chemical. HON. GERALD E. CONNOLLY Demond Walker—Athletic Trainer. They needed a facility to destroy hydrolysate, OF VIRGINIA f the caustic wastewater created by the agent’s IN THE HOUSE OF REPRESENTATIVES destruction. Thursday, March 12, 2009 EARMARK DECLARATION The CMA discussed building a $300 million facility in Indiana to handle the process but the Mr. CONNOLLY of Virginia. Madam Speak- HON. RON PAUL terrorist attack of 2001 forced them to recon- er, I rise today, joined by my colleagues Rep. OF TEXAS sider. In 2007 they awarded Veolia with a $49 FRANK WOLF and Rep. JAMES MORAN, to rec- IN THE HOUSE OF REPRESENTATIVES million contract to incinerate the corrosive ognize an outstanding group of men and wastewater. The wastewater would be put in women in Northern Virginia. These individuals Thursday, March 12, 2009 specialized containers and hauled more that have demonstrated superior dedication to pub- Mr. PAUL. Madam Speaker, ‘‘Pursuant to 1,000 miles through 8 states by TSMT to lic safety and have been awarded the pres- the House Republican standards on earmarks, Veolia’s Port Arthur facility where it would be tigious Valor Award by the Fairfax County I am submitting the following information re- destroyed. Chamber of Commerce. garding earmarks I received as part of HR This is not the type of project that a commu- The Valor Awards recognize remarkable 1105.’’ nity greets with open arms. Two other sites heroism and bravery in the line of duty exem- 1) Requesting Member: Congressman RON denied the venture due to political and com- plified by our public safety agencies and their PAUL munity concerns. Public protests and a federal commitment to the community. Our public Bill Number: H.R. 1105 lawsuit almost derailed the project once more, safety and law enforcement personnel put Account: Army Corps of Engineers, General but Veolia made a promise to handle the job their lives on the line every day to keep our Investigations safely, in accordance with all regulations and families and neighborhoods safe. More than Legal Name of Requesting Entity: US Army without impact to the environment, 18 months 80 awards were presented at this year’s cere- Corps of Engineers and 428 shipments later, the process con- mony in a variety of categories: The Lifesaving Address of Requesting Entity: 200 Fort cluded without a single incident of any kind. Award, the Certificate of Valor, or the Bronze, Point Road, Galveston, Texas The project was successful on a number of Silver, or Gold Medal of Valor. Description of Request: Provide an earmark levels. By utilizing the Port Arthur facility, tax- Two members of the Town of Herndon Po- of $382,000 to complete investigations at payers were saved close to $250 million. lice Department have earned this highest Freeport Harbor, Texas in furtherance of main- Veolia was able to assist the U.S. government honor. It is with great pride that we submit taining a federally authorized waterway. in accomplishing its treaty obligations in an ex- their names into the CONGRESSIONAL RECORD: 2) Requesting Member: Congressman RON peditious and safe manner. They also brought Recipient of the Lifesaving Award: Captain PAUL money and national attention to Southeast Robert L. Presgrave. Bill Number: H.R. 1105 Texas. Recipient of the Certificate of Valor: Ser- Account: Army Corps of Engineers, General I would like to commend Veolia Environ- geant Darcy L. Nidell. Investigations mental Services and their employees for their Madam Speaker, in closing, we would like Legal Name of Requesting Entity: US Army hard work and dedication during this project. to take this opportunity to thank all of the men Corps of Engineers

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Address of Requesting Entity: 200 Fort PAUL 3) Requesting Member: Congressman RON Point Road, Galveston, Texas Bill Number: H.R. 1105 PAUL Description of Request: Provide an earmark Account: Army Corps of Engineers, O&M Bill Number: H.R. 1105 of $478,000 to complete construction work at Legal Name of Requesting Entity: US Army Account: Army Corps of Engineers, General Clear Creek, Texas in furtherance of a feder- Corps of Engineers Investigations ally authorized flood control. Address of Requesting Entity: 200 Fort Legal Name of Requesting Entity: US Army 9) Requesting Member: Congressman RON Point Road, Galveston, Texas Corps of Engineers PAUL Description of Request: Provide an earmark Address of Requesting Entity: 200 Fort Bill Number: H.R. 1105 of $1,376,000 to maintain the Texas City Ship Point Road, Galveston, Texas Account: Army Corps of Engineers, O&M Channel, Texas in furtherance of a federally Description of Request: Provide an earmark Legal Name of Requesting Entity: US Army authorized water project. of $1,264,000 to complete investigations in the Corps of Engineers 16) Requesting Member: Congressman RON Lower Colorado River Basin and Wharton and Address of Requesting Entity: 200 Fort PAUL Onion Creeks, Texas in furtherance of a feder- Point Road, Galveston, Texas Bill Number: H.R. 1105 ally authorized flood study. Description of Request: Provide an earmark Account: Army Corps of Engineers, O&M 4) Requesting Member: Congressman RON of $323,000 to maintain the Channel to Port Legal Name of Requesting Entity: US Army PAUL Bolivar, Texas in furtherance of a federally au- Corps of Engineers Bill Number: H.R. 1105 thorized water project. Address of Requesting Entity: 200 Fort Account: Army Corps of Engineers, General 10) Requesting Member: Congressman RON Point Road, Galveston, Texas Investigations PAUL Description of Request: Provide an earmark Legal Name of Requesting Entity: US Army Bill Number: H.R. 1105 of $1,622,000 to maintain the Wallisville Lake, Corps of Engineers Account: Army Corps of Engineers, O&M Texas in furtherance of a federally authorized Address of Requesting Entity: 200 Fort Legal Name of Requesting Entity: US Army water project. Corps of Engineers Point Road, Galveston, Texas 17) Requesting Member: Congressman RON Address of Requesting Entity: 200 Fort Description of Request: Provide an earmark PAUL of $382,000 to complete investigations at Point Road, Galveston, Texas Bill Number: H.R. 1105 Description of Request: Provide an earmark GIWW Sabine Pass to Galveston Bay, Texas Account: Army Corps of Engineers, O&M of $6,516,000 to maintain Freeport Harbor, in furtherance of maintaining a federally au- Legal Name of Requesting Entity: US Army Texas in furtherance of a federally authorized thorized waterway. Corps of Engineers water project. 5) Requesting Member: Congressman RON Address of Requesting Entity: 200 Fort 11) Requesting Member: Congressman RON PAUL Point Road, Galveston, Texas PAUL Bill Number: H.R. 1105 Description of Request: Provide an earmark Bill Number: H.R. 1105 Account: Army Corps of Engineers, Con- of $29,586,000 to maintain the GIWW, Texas Account: Army Corps of Engineers, O&M struction Legal Name of Requesting Entity: US Army in furtherance of a federally authorized water Legal Name of Requesting Entity: US Army Corps of Engineers project. Corps of Engineers Address of Requesting Entity: 200 Fort 18) Requesting Member: Congressman RON Address of Requesting Entity: 200 Fort AUL Point Road, Galveston, Texas P Point Road, Galveston, Texas Description of Request: Provide an earmark Bill Number: H.R. 1105 Description of Request: Provide an earmark of $5,590,000 to maintain Galveston Harbor Account: Army Corps of Engineers, O&M of $1,914,000 to complete construction work Channel, Texas in furtherance of a federally Legal Name of Requesting Entity: US Army at Texas City Ship Channel, Texas in further- authorized water project. Corps of Engineers ance of maintaining a federally authorized wa- Address of Requesting Entity: 200 Fort 12) Requesting Member: Congressman RON terway. Point Road, Galveston, Texas PAUL 6) Requesting Member: Congressman RON Bill Number: H.R. 1105 Description of Request: Provide an earmark PAUL Account: Army Corps of Engineers, O&M of $13,788,000 to maintain the Houston Ship Bill Number: H.R. 1105 Legal Name of Requesting Entity: US Army Channel, Texas in furtherance of a federally Account: Army Corps of Engineers, Con- Corps of Engineers authorized water project. struction Address of Requesting Entity: 200 Fort 19) Requesting Member: Congressman RON Legal Name of Requesting Entity: US Army Point Road, Galveston, Texas PAUL Corps of Engineers Description of Request: Provide an earmark Bill Number: H.R. 1105 Address of Requesting Entity: 200 Fort of $2,512,000 to maintain the GIWW Channel Account: Department of Transportation, Point Road, Galveston, Texas to Victoria, Texas in furtherance of a federally Buses and Facilities Description of Request: Provide an earmark authorized water project. Legal Name of Requesting Entity: City of of $20,766,000 to complete construction work 13) Requesting Member: Congressman RON Galveston at Houston-Galveston Navigation Channel, PAUL Address of Requesting Entity: 823 Rosen- Texas in furtherance of maintaining a federally Bill Number: H.R. 1105 berg, Galveston, Texas 77553 authorized waterway. Account: Army Corps of Engineers, O&M Description of Request: Provide an earmark 7) Requesting Member: Congressman RON Legal Name of Requesting Entity: US Army of $237,500 for transit facility renovation in PAUL Corps of Engineers Galveston, Texas in furtherance of hurricane Bill Number: H.R. 1105 Address of Requesting Entity: 200 Fort recovery. Account: Army Corps of Engineers, Con- Point Road, Galveston, Texas 20) Requesting Member: Congressman RON struction Description of Request: Provide an earmark PAUL Legal Name of Requesting Entity: US Army of $2,716,000 to maintain the GIWW Choco- Bill Number: H.R. 1105 Corps of Engineers late Bayou, Texas in furtherance of a federally Account: Department of Transportation, Address of Requesting Entity: 200 Fort authorized water project. CTPS Point Road, Galveston, Texas 14) Requesting Member: Congressman RON Legal Name of Requesting Entity: City of Description of Request: Provide an earmark PAUL Galveston of $478,000 to complete construction work at Bill Number: H.R. 1105 Address of Requesting Entity: 823 Rosen- Houston Ship Channel, Texas in furtherance Account: Army Corps of Engineers, O&M berg, Galveston, Texas 77553 of maintaining a federally authorized water- Legal Name of Requesting Entity: US Army Description of Request: Provide an earmark way. Corps of Engineers of $95,000 for work on the Seawall in Gal- 8) Requesting Member: Congressman RON Address of Requesting Entity: 200 Fort veston, Texas in furtherance of hurricane re- PAUL Point Road, Galveston, Texas covery.

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21) Requesting Member: Congressman RON Legal Name of Requesting Entity: Texana AT&T also plans to invest $565 million in re- PAUL Center, inc. placing its current fleet with 15,000 domesti- Bill Number: H.R. 1105 Address of Requesting Entity: 4910 Airport cally manufactured Compressed Natural Gas, Account: Department of Transportation, Avenue, Rosenberg, TX 77471 CNG, and alternative-fuel vehicles. Over the Buses and Facilities Description of Request: Provide an earmark next 10 years, this will create or save 1,000 Legal Name of Requesting Entity: Golden of $500,000 for Nublac drug rehabilitation pro- jobs. Crescent Regional Planning Commission gram targeted to serve minority residents in The Center for Automotive Research, CAR, Address of Requesting Entity: 568 Big Bend and around Bay City, Texas in Ann Arbor, MI., estimates that the new vehi- Drive, Victoria, TX 77904 f cles will save 49 million gallons of gasoline Description of Request: Provide an earmark and reduce carbon emissions by 211,000 met- CONGRESSIONAL GOLD MEDAL of $237,500 for bus replacement in Victoria, ric tons over the 10-year deployment period. FOR RABBI ARTHUR SCHNEIER Texas in furtherance of transportation system That is equivalent to removing the emissions improvement to enhance job retention and from more than 38,600 traditional passenger creation in and around Victoria, Texas HON. CAROLYN B. MALONEY vehicles for a year. 22) Requesting Member: Congressman RON OF NEW YORK Madam Speaker, AT&T has not only an- PAUL IN THE HOUSE OF REPRESENTATIVES swered the call to help lead this country out of Bill Number: H.R. 1105 Thursday, March 12, 2009 the economic downturn, but done so in an en- vironmentally conscious manner. AT&T stands Account: HHS, HRSA, Health Facilities and Mrs. MALONEY. Madam Speaker, for al- as a strong example for corporate America, Services most half a century Rabbi Arthur Schneier has and I hope that others will follow in their foot- Legal Name of Requesting Entity: Memorial promoted religious freedom and human rights steps. Hermann Health Care Systems throughout the world. A Holocaust survivor, Address of Requesting Entity: 7737 South- and the Founder and President of the Appeal f west Freeway, Houston, Texas 77074 of Conscience Foundation, Rabbi Schneier Description of Request: Provide an earmark PERSONAL EXPLANATION has devoted his life to overcoming the forces of $190,000 for healthcare facilities and equip- of hatred and intolerance. HON. CAROLYN McCARTHY ment in and around Houston, Texas He has been a pioneer in bringing together 23) Requesting Member: Congressman RON OF NEW YORK religious leaders to address, ethnic or religious IN THE HOUSE OF REPRESENTATIVES PAUL conflicts. For example, in Bosnia in 1997, he Bill Number: H.R. 1105 convened government and religious leaders to Thursday, March 12, 2009 Account: Department of Education, Innova- promote healing and conciliation between Or- Mrs. MCCARTHY of New York. Madam tion and Improvements thodox, Muslim and Jewish communities. In Speaker, today, I was unexpectedly detained Legal Name of Requesting Entity: Reach the Balkans, the Caucasus and Central Asia at a doctor’s appointment and missed one out and Read he worked with the Orthodox Patriarch and the vote. I would like the RECORD to reflect how I Address of Requesting Entity: 56 Roland Turkish Government to hold the Peace and would have voted. Street, Suite 100D; Boston, MA 02129 Tolerance Conference in 1994 and address Rollcall No. 116, on the motion to suspend Description of Request: Provide an earmark religious and ethnic tensions in that area. In the rules and agree to H. Res. 67, Recog- of $4,965,000 for reading based federally- the former Yugoslavia, he mobilized religious nizing and commending the National Aero- funded national educational program. leaders to halt the bloodshed of the early 90s, nautics and Space Administration (NASA), the 24) Requesting Member: Congressman RON holding the Religious Summit on the Former Jet Propulsion Laboratory (JPL), and Cornell PAUL Yugoslavia and the Conflict Resolution Con- University for the success of the Mars Explo- Bill Number: H.R. 1105 ference to build support and consensus ration Rovers, Spirit and Opportunity, on the Account: Department of Education, Innova- among religious leaders of different faiths. 5th anniversary of their successful landing, I tion and Improvements Since the early 1980s, he has led delegations would have voted ‘‘yea.’’ Legal Name of Requesting Entity: Reading of religious leaders to China to open a dia- f is Fundamental (RIF) logue on religious freedom. Address of Requesting Entity: 1825 Con- SUPPORTING THE GOALS OF Born in Vienna, Austria, in 1930, Rabbi necticut Avenue, NW—Suite 400; Washington, INTERNATIONAL WOMEN’S DAY Schneier lived under Nazi occupation in Buda- DC 20009 pest during World War II and came to the Description of Request: Provide an earmark SPEECH OF United States in 1947. He has been the Spir- of $24,803,000 for reading based federally- itual Leader of the Park East Synagogue in HON. ALBIO SIRES funded national educational program. New York City since 1962. OF NEW JERSEY 25) Requesting Member: Congressman RON Today I am reintroducing the Rabbi Arthur IN THE HOUSE OF REPRESENTATIVES PAUL Schneier Gold Medal act and I urge my col- Wednesday, March 11, 2009 Bill Number: H.R. 1105 league to support this legislation in recognition Account: Department of Education, Innova- Mr. SIRES. Mr. Speaker. I rise today in sup- of a truly remarkable man. tion and Improvements port of House Resolution 194, supporting the Legal Name of Requesting Entity: SURE f goals of International Women’s Day. Women BET RECOGNIZING AT&T FOR JOBS have come a long way in our nation; leading Address of Requesting Entity: 5606 N. CREATION AND COMMITMENT TO graduation rates at universities, running major Navarro, Suite 200 R; Victoria, TX 77904 CLEAN ENERGY corporations and being elected to the highest Description of Request: Provide an earmark levels of government. I am proud to live in a of $95,000 for program to reduce school drop- HON. G.K. BUTTERFIELD country where more women than ever before are being elected to office and I am proud to out rates in and around Victoria, Texas OF NORTH CAROLINA ON serve with the first woman Speaker of the 26) Requesting Member: Congressman R IN THE HOUSE OF REPRESENTATIVES PAUL House of Representatives. However, many Bill Number: H.R. 1105 Thursday, March 12, 2009 women around the world continue to be less Account: Economic Development Initiatives Mr. BUTTERFIELD. Madam Speaker, I rise fortunate; living in poverty, without access to Legal Name of Requesting Entity: Housing to applaud AT&T for its commitment to cre- health care, education or basic human rights. and Community Services, Inc ating new jobs with an environmentally friend- We must continue to be their voice, so that Address of Requesting Entity: 8610 N. New ly, clean energy business model. women all across the world will one day have Braunfels, Suite 500; San Antonio, TX 78217 At a time when millions of Americans are the ability to make their own decisions about Description of Request: Provide an earmark suffering through one of the most difficult their lives. I hope that by providing women of $23,750 for equipment at Fox Run Apart- economies in many years, AT&T plans to cre- with the tools to educate themselves, they are ments in Victoria, Texas ate 3,000 new jobs as part of an $18 billion in- better equipped to provide for their families, 27) Requesting Member: Congressman RON vestment. Under this initiative, the company protect themselves against HIV/AIDS, end cy- PAUL will enhance its broadband capacity—increas- cles of domestic violence, and fight for their Bill Number: H.R. 1105 ing Internet speed and accessibility for its cus- rights. Mr. Speaker, we must continue to sup- Account: OJP, Juvenile Justice tomers. port the goals of International Women’s Day to

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.034 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS E662 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2009 ensure the further advancement of women in the past.’’ The value of Australia’s apology is RECOGNIZING FAIRFAX COUNTY our country and around the globe. undoubtedly determined by the Australian gov- FIRE AND RESCUE DEPARTMENT f ernment’s ability to aggressively address the RECIPIENTS OF THE FAIRFAX systemic inequalities that exclude most Indige- COUNTY CHAMBER OF COM- INTRODUCING A RESOLUTION TO nous people from the standard of living that is MERCE 2009 VALOR AWARD COMMEND THE AUSTRALIANS’ held by the vast majority of non-Indigenous UNQUALIFIED APOLOGY TO IN- Australians. HON. GERALD E. CONNOLLY DIGENOUS AUSTRALIANS AND Like Australia, racial disparities exist in the TORRES ISLANDERS OF VIRGINIA United States. As we commend Australia on IN THE HOUSE OF REPRESENTATIVES its willingness to confront its past, let us also HON. ALCEE L. HASTINGS reflect on our history with the purpose of com- Thursday, March 12, 2009 OF FLORIDA prehensively targeting the residual barriers Mr. CONNOLLY of Virginia. Madam Speak- IN THE HOUSE OF REPRESENTATIVES that prevent some Americans from accessing er, I rise today, joined by my colleagues Rep. Thursday, March 12, 2009 opportunities in this country. FRANK WOLF and Rep. JAMES MORAN, to rec- ognize an outstanding group of men and Mr. HASTINGS of Florida. Madam Speaker, f women in Northern Virginia. These individuals I rise today to introduce legislation that com- have demonstrated superior dedication to pub- mends the Australian government for apolo- A TRIBUTE TO KO-THI AFRICAN DANCE COMPANY OF MILWAUKEE lic safety and have been awarded the pres- gizing for its mistreatment of Indigenous Aus- tigious Valor Award by the Fairfax County tralians and Torres Islanders, and for commit- Chamber of Commerce. ting to fighting the disparities that continue to HON. GWEN MOORE The Valor Awards recognize remarkable impact Indigenous communities. OF WISCONSIN heroism and bravery in the line of duty exem- Indigenous Australians first arrived on the IN THE HOUSE OF REPRESENTATIVES plified by our public safety agencies and their continent more than 50,000 years ago, devel- Thursday, March 12, 2009 commitment to the community. Our public oped one of the oldest cultures on earth, and safety and law enforcement personnel put made world renowned contributions to the Ms. MOORE of Wisconsin. Madam Speak- their lives on the line everyday to keep our arts, politics and athletics despite the hard- er, I rise to pay tribute to the internationally re- families and neighborhoods safe. More than ships that they faced at home. nowned dance troupe, Ko-Thi African Dance 80 awards were presented at this year’s cere- From the mass killings of Indigenous people Company of Milwaukee. In May, 2009, Ko-Thi mony in a variety of categories: The Lifesaving by European settlers during the 18th Century African Dance Troupe will celebrate its 40th Award, the Certificate of Valor, or the Bronze, to restricting Indigenous Australians from the anniversary. Silver, or Gold Medal of Valor. right to vote until 1962, violence, discrimina- Much of the success of the Ko-Thi African Nine members of the Fairfax County Fire tion and disenfranchisement have however, Dance Company can be attributed to its and Rescue Department earned this high played a significant role in European and In- founder and Artistic/Executive Director, Ferne honor. It is with great pride that we submit digenous relations for centuries. Perhaps Aus- Caulker. Ms. Caulker, born in Sierra Leone, their names into the Congressional Record: tralia’s most notorious action against the Indig- West Africa is a creative genius blessed with Recipients of the Lifesaving Award: Shift enous population during the 20th Century was the passion and determination needed to cre- Captain Ronald A. Gemsheim Jr. and Fire- the Australian government’s authorization of ate a ‘‘family’’ of professional performers. She fighter Brian J. Bonkoski. the removal of tens of thousands of children of is a full professor at the University of Wis- Recipients of the Certificate of Valor: Tech- native and mixed ancestry from their homes consin-Milwaukee in the School of Dance nician Michael S. Eddy, Technician Tie L. under the Protection Acts. These were in- where she has taught since 1971. Ms. Caulker Burlow, Technician Kathleen M. Vorbau, and spired by racist and pseudo-scientific notions is not only a former Fulbright Fellow but a re- Firefighter Medic Damian C. Ripley. of cultural and racial superiority, and designed cipient of numerous award. She has made the Recipients of the Bronze Medal of Valor: to eradicate Indigenous culture and the very music and dance of the peoples of the African Station Captain Tony C. Kostecka, Firefighter existence of the Indigenous people. The vic- Diaspora accessible to all Americans, espe- Miguel Obleas, and Firefighter Henry T. Chan. tims of this national atrocity are often referred cially African-American audiences. Twenty Madam Speaker, in closing, we would like to as the Stolen Generation. years ago she extended that vision to include to take this opportunity to thank all of the men Madam Speaker, the legacy of official and a children’s troupe, Ton Ko-Thi, to instill cul- and women who serve in the Fairfax County unofficial discriminatory practices by the Aus- tural pride and self-worth to children through Fire and Rescue Department. Their efforts, tralian Government has contributed to sub- the discipline required to create art. made on behalf of the citizens of Fairfax standard education, health, employment and The Company is comprised of both musi- County, are selfless acts of heroism and truly lack of political power among Australia’s Indig- cians and dancers trained in the history, my- merit our highest praise. We ask our col- enous population. On average, Indigenous thology and techniques of art forms within the leagues to join us in applauding this group of Australians die 17 years earlier than white African Diaspora. The troupe utilizes a myriad remarkable citizens. Australians, and have higher instances of in- of traditional instruments, authentic costumes, f fant mortality, unemployment and homeless- infectious music and extraordinary dance to ness. These figures are a jarring reminder that educate and bridge the gap between cultures. INTRODUCTION OF THE GERI- Australia’s prosperity has yet to fully reach the Ko-Thi operates a comprehensive educational ATRICS LOAN FORGIVENESS ACT people who first inhabited the land. outreach program, Drum Talk that works with OF 2009 On February 13, 2008 millions of Aus- institutions to assist with expanding and diver- tralians of all colors and ethnicities witnessed sifying any curriculum with the history, dance, HON. ROSA L. DeLAURO Prime Minister Kevin Rudd’s formal apology— and drumming of the African continent and its OF CONNECTICUT on behalf of the Australian Government and its Diaspora. If you have had the privilege of at- IN THE HOUSE OF REPRESENTATIVES Parliament—to the Indigenous and Torres Is- tending a Ko-Thi Dance Company perform- land community. The long awaited apology ance, you know it is a tremendous experience Thursday, March 12, 2009 was accompanied with a promise from the to observe their exacting stepping, pulsating Ms. DELAURO. Madam Speaker, I rise Council of Australian Governments (COAG) to vibrant rhythm and hypnotic movement. The today to introduce the Geriatrics Loan Forgive- donate $4.6 billion to fund initiatives to im- Ko-Thi African Dance Company is Wisconsin’s ness Act of 2009. This bill would take an im- prove life expectancy, health, education and regional, national and international touring portant step towards encouraging more health employment in Indigenous communities. Near- gem. They have performed in Japan, Canada professionals to enter the field of geriatrics ly a year later, Prime Minister Rudd addressed and many venues throughout the United and care for our aging population. the nation and reported on the status of the States. In 2011—just two years from now—the first initiatives that were implemented and drafted Madam Speaker, I am proud to say the Ko- baby boomers will turn 65. By 2030, the num- after the apology, and reiterated the impor- Thi African Dance Company hails from the 4th ber of Americans 65 and older will have nearly tance of change and reconciliation. Congressional District and pleased to give doubled, to over 70 million. Madam Speaker, American Theologian praise to Ferne Caulker, the ensemble, and Our nation currently has too few health care Tryon Edwards said, ‘‘Right actions in the fu- their Board of Directors. I wish them many professionals who specialize in geriatrics to ture are the best apologies for bad actions in more years of success. treat older adults with complicated illnesses,

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.038 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS March 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E663 and that problem is going to dramatically vestigations. A ‘‘roving’’ wiretap applies to an A separate report released by the non- worsen in the very near future. Yet there are individual and allows the government to a use partisan Center for Responsible Lending currently fewer than 9,000 geriatric physicians a single wiretap order to cover any commu- (CRL) demonstrates that well over $10 billion practicing in the United States, far below the nications device that the suspect uses or may dollars in overdraft fees are generated each 36,000 or more needed to effectively care for use. This type of wiretap differs from a tradi- year, with almost half generated from debit the nation’s booming population of seniors by tional criminal wiretap that only applies to a card purchases, in which the customer typi- 2030. The numbers are similar across health particular phone or computer used by a target. cally has no warning that the transaction will care disciplines, including nursing, social work, Without roving wiretap authority, investigators trigger an overdraft fee. Not surprisingly, the psychology, pharmacy and psychiatry. would be forced to seek a new court order CRL study also showed that the overwhelming Geriatric specialists are the foundation of each time they need to change the location, majority of customers want to know if a debit high-quality, comprehensive health care for phone, or computer that needs to be mon- or ATM transaction would trigger an overdraft our older adults. This kind of specialized care itored. fee. is complicated and demanding. For example, Section 215 allows the Federal Bureau of To provide consumers more notice and about 80 percent of the senior population has Investigation (FBI) to apply to the FISA court choice related to overdraft fees, I am reintro- one or more chronic conditions. In 2002, older to issue orders granting the government ac- ducing the Consumer Overdraft Protection Fair people made up 13 percent of the U.S. popu- cess to any tangible items (including books, Practices Act. lation yet accounted for 36 percent of all hos- records, papers, and other documents), no The central provision of the Consumer pital stays, 49 percent of all days of hospital matter who holds it, in foreign intelligence, Overdraft Protection Fair Practices Act is that care, and 50 percent of all physician hours. international terrorism, and clandestine intel- it requires notice to customers when an ATM Despite this growing need, many health ligence cases. The USA PATRIOT Improve- or debit card transaction will trigger an over- care professionals inclined to study and prac- ment and Reauthorization Act of 2005 con- draft and an opportunity in real time for the tice in geriatrics are dissuaded from doing so tains several protections against abuses of consumer to accept or reject the overdraft because treating the elderly carries financial Section 215 authority, including Congressional service (and the associated fee) for that trans- disincentives for them. Currently, over 86 per- oversight, procedural protections, application action. cent of medical school graduates carry edu- requirements, and judicial review. This legislation amends the Truth in Lending cational debt, and the median debt burden for Section 6001 of the Intelligence Reform and Act (TILA) to provide these new consumer graduates of public medical institutions has Terrorism Prevention Act of 2004 amends the protections. By bringing overdraft plans under risen to over $119,000 while that for private definition of ‘‘agent of a foreign power’’ to in- the TILA, as an extension of credit, it would school graduates has increased to nearly clude ‘‘lone wolf’’ terrorists who are non-U.S. require the disclosure of the terms and $150,000. persons engaged in international terrorism, re- charges associated with an overdraft program. The Geriatrics Loan Forgiveness Act of gardless of whether they are affiliated with an This would give an opportunity for account 2009 would address the national shortage of international terrorist group. When FISA was holders to choose to have an overdraft plan or geriatric specialists by enabling geriatric spe- originally enacted in the 1970s, terrorists were not—the same basic consumer protections cialists to participate in the existing National more commonly members of an identified provided for other consumer credit products. Health Service Corps Loan Repayment Pro- group. That is not the case today. Many mod- In addition, the bill seeks to stop the prac- gram, encouraging more health care profes- ern-day terrorists may subscribe to a move- tice of banks maximizing their overdraft fee in- sionals to be certified in geriatrics. This pro- ment but do not subscribe to a specific group come by intentionally manipulating the order in gram currently forgives up to $25,000 on be- and often act alone. It is imperative that such which they process debits on customer ac- half of an individual for each of the first two an out-dated definition does not impede our counts so as to increase the number of over- years of obligated service. ability to gather intelligence about perhaps the drafts. For example, some banks pay the larg- In its April 2008 report, ‘‘Retooling for an most dangerous terrorists operating today. est check first before paying other smaller Aging America,’’ the Institute of Medicine rec- Madam Speaker, America is fortunate to not checks or making any deposits. While banks ommended that ‘‘Public and private payers have suffered a terrorist attack on our soil in argue that the largest check is often the most should provide financial incentives to increase over seven years. But we must not let our important, a bank that has an overdraft pro- the number of geriatric specialists in all health safety become complacency. America is safe gram generally pays them all, so changing the professions.’’ The Geriatics Loan Forgiveness today not because terrorists and spies have order only changes the amount of the fees Act would provide a very important incentive given up their mission to destroy our freedoms paid by the customer. for health care graduates to enter geriatric and our way of life. America is safe today be- This disclosure bill is modeled on legislation specialties early in their careers and become cause the men and women of the intelligence with which most Americans are now very fa- part of the workforce that we need to provide community work tirelessly to protect us. It miliar—requiring disclosure at ATMs that ATM quality health care to America’s seniors. would be irresponsible of Congress to take transactions will trigger a fee. Just as individ- f away the authorities needed to their job. The uals may choose the convenience of with- threat to America from terrorists, spies, and drawals from an ATM, they may choose the THE SAFE AND SECURE AMERICA enemy nations will not sunset at the end of ACT OF 2009 convenience of overdraft protection or not, this year. Neither should America’s anti-ter- after being informed of the cost of the service. rorism laws. In summary, the bill provides these key pro- HON. LAMAR SMITH f tections: OF TEXAS CONSUMER OVERDRAFT Requires consumer consent before banks IN THE HOUSE OF REPRESENTATIVES PROTECTION FAIR PRACTICES ACT can permit overdraft loans for a fee. Banks will Thursday, March 12, 2009 be required to obtain written consent for cov- Mr. SMITH of Texas. Madam Speaker, HON. CAROLYN B. MALONEY ering overdrafts for a fee, and to disclose to consumers the amount of any fee, the types of today I introduce the Safe and Secure Amer- OF NEW YORK transactions that will overdraw the account, ica Act of 2009 to instill confidence in the IN THE HOUSE OF REPRESENTATIVES American people that our intelligence commu- and the time period for repayment of the ex- nity is fully equipped to investigate and pre- Thursday, March 12, 2009 tension of credit. vent threats to our safety and security. Mrs. MALONEY. Madam Speaker, overdraft Clarifies that overdraft fees are finance This legislation extends for ten years sec- fees are becoming an increasing problem for charges under the Truth in Lending Act, so tions 206 and 215 of the USA PATRIOT Act bank customers. A November 2008 Federal consumers can compare the cost of borrowing and section 6001 of the Intelligence Reform Deposit Insurance Corporation (FDIC) study of the bank’s funds through an overdraft with and Terrorism Prevention Act of 2004, which 462 FDIC regulated banks found that 86% op- other sources of cash advances. are scheduled to sunset on December 31, erated formal overdraft programs, with 75% Prohibits banks from manipulating the order 2009. Three years ago, Congress reauthorized automatically enrolling consumers into an in which checks and other debits are posted if the USA PATRIOT Act, eliminating all but overdraft protection plan. In some cases, con- it causes more overdrafts and maximizes fees. these three sunsets. sumers were not allowed to opt-out. Auto- Requires banks to warn the customer that Section 206 of the USA PATRIOT Act au- mated overdraft usage fees assessed by an electronic transaction may trigger an over- thorizes the use of multipoint or ‘‘roving’’ wire- banks ranged from $10 to $38, and the me- draft loan fee and allow the customer to can- taps for national security and intelligence in- dian fee assessed was $27. cel the transaction after receiving this warning.

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A12MR8.041 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS E664 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2009 THE DEATH OF COMMON SENSE INTRODUCTION OF THE MULTI- Veterinary Medical Association, the Associa- NATIONAL SPECIES CONSERVA- tion of Zoos and Aquariums, Born Free USA, TION FUNDS SEMIPOSTAL Caribbean Conservation Corporation, Cheetah HON. JOHN J. DUNCAN, JR. STAMP ACT: MARCH 12, 2009 Conservation Fund, Conservation Inter- OF TENNESSEE national, Defenders of Wildlife, Dian Fossey Gorilla Fund International, Fauna and Flora IN THE HOUSE OF REPRESENTATIVES HON. HENRY E. BROWN, JR. OF SOUTH CAROLINA International, Feld Entertainment, Humane So- Thursday, March 12, 2009 IN THE HOUSE OF REPRESENTATIVES ciety of the United States, Humane Society Thursday, March 12, 2009 International, International Elephant Founda- Mr. DUNCAN. Madam Speaker, John A. tion, International Fund for Animal Welfare, Smaldone of Maryville, Tennessee reads con- Mr. BROWN of South Carolina. Madam International Rhino Foundation, Jane Goodall stantly and follows current events more closely Speaker, I am pleased to introduce legislation Institute, The Nature Conservancy, Ocean than almost anyone. today to financially assist some of the most Conservancy, Safari Club International, Wild- He recently sent a letter to the editor of the endangered, charismatic and landmark wildlife life Alliance, Wildlife Conservation Society, Maryville-Alcoa Daily Times about the death of species on this planet. The WILD Foundation, and the World Wildlife common sense. This measure is modeled after highly suc- Fund. These diverse groups which represent cessful efforts to raise money for breast can- I agree with this letter and would like to call tens of millions of people understand that ad- cer research, to fund domestic violence pre- ditional funding for these landmark species is it to the attention of my colleagues and other vention programs and to assist the families of readers of the RECORD. essential. rescue workers killed or disabled in the ter- Finally, I would like to thank my Sub- [From the Daily Times, Feb. 27, 2009] rorist attacks of September 11, 2001. committee Chairwoman MADELEINE BORDALLO, Under the terms of my proposal, the U.S. COMMON SENSE LONG DECEASED the former Chairmen of the Committee on Nat- Postal Service would issue a semipostal ural Resources, Congressmen DON YOUNG (By John A. Smaldone) stamp depicting highly imperiled African and and GEORGE MILLER, Congressman RON KIND, DEAR EDITOR: Today I am sad to announce Asian elephants, Rhinoceros, Tigers, Great Congresswoman MARY BONO MACK, Con- that we mourn the passing of a beloved old Apes and Marine turtles. The stamp would be gressman PETER KING, Congressman JOHN friend, Common Sense. Common sense has issued at a premium price so that the Postal TANNER and Congresswoman ILEANA ROS- been with us for many years. No one knows Service could recapture their costs and would LEHTINEN for joining with me as co-sponsors of for sure how old he was, since his birth provide any additional revenues to the Multi- records were long ago lost in bureaucratic the Multinational Species Conservation Funds national Species Conservation Funds. Semipostal Stamp Act. red tape. He will be remembered as having While it is unclear how much money would cultivated such valuable lessons as: Knowing be raised through the sale of semipostal wild- f when to come in out of the rain; why the early bird gets the worm; Life isn’t always life stamps, we do know that since 1998, 802 ON INTRODUCING A RESOLUTION fair; and maybe it was my fault. million breast cancer stamps have been sold COMMENDING THE INTER- Common Sense lived by simple, sound fi- to the public which has raised a remarkable NATIONAL CRIMINAL COURT FOR nancial policies (don’t spend more than you $59.5 million for critical breast cancer re- ISSUING AN ARREST WARRANT can earn) and reliable strategies (adults, not search. It is also important to note that these FOR SUDANESE PRESIDENT children, are in charge). new wildlife stamps will not replace or under- OMAR HASSAN AHMAD AL- His health began to deteriorate rapidly mine the breast cancer stamps which by law BASHIR when well-intentioned but overbearing regu- will be available until at least December 31, lations were set in place. Reports of a 6-year- 2011. I am also convinced that stamp enthu- HON. ALCEE L. HASTINGS old boy charged with sexual harassment for siasts will not only buy more breast cancer OF FLORIDA kissing a classmate; teens suspended from stamps but will purchase wildlife flagship spe- IN THE HOUSE OF REPRESENTATIVES school for using mouthwash after lunch; and cies stamps. a teacher fired for reprimanding an unruly For the past twenty years, the United States Thursday, March 12, 2009 student, only worsened his condition. Congress has enacted Multinational Species Mr. HASTINGS of Florida. Madam Speaker, Common Sense lost ground when parents Conservation Funds to assist African and I rise to introduce a resolution commending attacked teachers for doing the job that they Asian elephants, Rhinoceros, Tigers, Great the International Criminal Court for issuing an themselves had failed to do in disciplining arrest warrant for Sudanese President Omar their unruly children. Apes and Marine Turtles. Money appropriated to these funds are the only continuous source Hassan Ahmad al-Bashir, for war crimes and It declined even further when schools were of revenue in the world for these species and crimes against humanity. This resolution reaf- required to get parental consent to admin- ister sun lotion or an aspirin to a student; approved conservation projects have stopped firms our nation’s commitment to supporting a but could not inform parents when a student several of these animals from sliding toward multifaceted approach to bringing about peace became pregnant and wanted to have an extinction. Nevertheless, there is no denying and stability in the Darfur region. After over six abortion. that there are now less than 40,000 Asian ele- years of conflict in Darfur, six years of govern- Common Sense lost the will to live, as the phants, 15,000 Rhinoceros and 5,000 tigers ment-led genocide against its own people, six churches became businesses; and criminals living in the wild and that six of the seven spe- years of murder, rape, torture, and oppression, received better treatment than their vic- cies of marine turtles are highly endangered. I applaud the international community for tak- tims. Without further assistance several of these ing a major step forward in the name of jus- Common Sense took a beating when you species will disappear in our lifetime and it is, tice, humanity, and the rule of law. couldn’t defend yourself from a burglar in therefore, essential that new creative funding Madam Speaker, no leader who commits your own home and the burglar could sue mechanisms be developed to save these im- such horrific crimes should be allowed to re- you for assault. periled species. The semipostal wildlife stamp main free. President al-Bashir has directed the Common Sense finally gave up the will to has the potential to raise millions of dollars at Sudanese government’s efforts to use the very live after a woman failed to realize that a no cost to the U.S. taxpayer. worst kinds of crimes to carry out an active steaming cup of coffee was hot. She spilled a Since 1988, the U.S. Fish and Wildlife Serv- program of oppression. While the roots of this little in her lap and was promptly awarded a ice has funded more than 1,600 conservation conflict run deep, combining a complex mix of huge settlement. projects to assist these species. What is not racial, tribal, religious, political, geographic, Common Sense was preceded in death by well known, however, is that the agency was and environmental matters, surely there can his parents, Truth and Trust; by his wife, Discretion; by his daughter, Responsibility; unable to support an additional 1,300 meri- be no excuse to engage in the kind of vio- and by his son, Reason. torious projects which could well determine lence that President al-Bashir has inflicted on His four stepbrothers survive him; whether these species survive in the future. the people of Darfur. It is well past time to Since coming to Congress, I have worked bring him to justice. I Know My Rights. together with a number of conservation organi- I laud the International Criminal Court for I Want It Now. zations to establish and extend funding for the issuing a warrant for President al-Bashir’s ar- Someone Else Is To Blame. Multinational Species Conservation Funds. I rest. This was a long time coming. The ICC I’m A Victim. am pleased that 24 conservation organizations owes a great deal to the grassroots efforts of Not many attended his funeral because so have endorsed this legislation including the Af- a wide range of non-governmental organiza- few realized he was gone. rican Wildlife Foundation, American tions (NGOs), human rights groups, individual

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.044 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS March 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E665 experts, and other activists for keeping up the City, Lakeland and Winter Haven. It has a fully ardized by the epidemic of large, and medi- pressure on the international community to functional state-of-the-art transit terminal serv- cally questionable, malpractice awards, and act. ing thousands of riders each day. the resulting increase in insurance rates. This warrant has not yet resulted in an ar- The WHAT is operated under the Citrus As is typical of Washington, most of the pro- rest, nor even in a cessation of hostilities. In Connection, which serves Lakeland—another posed solutions to the malpractice problem in- fact, President al-Bashir responded to the war- city in my district. The Citrus Connection esti- volve unconstitutional usurpations of areas rant by expelling over a dozen international mated that riders save $1,300 they would oth- best left to the states. These solutions also ig- aid agencies from the region, further threat- erwise spend on car expenses such as gas, nore the root cause of the litigation crisis: the ening the lives of well over 1 million people title payments, maintenance, insurance, or shift away from treating the doctor-patient rela- who depend on these organizations for food, parking fees. Given the pervasive ridership, tionship as a contractual one to viewing it as water, shelter, health care, and personal safe- the WHAT system puts money back in the one governed by regulations imposed by in- ty. Such is the measure of the Sudanese gov- pocket of taxpayers who would otherwise use surance company functionaries, politicians, ernment and its leadership. But this warrant is it to unnecessarily sit in traffic. government bureaucrats, and trial lawyers. a major step forward. When the international The WHAT system moves people more effi- There is no reason why questions of the as- community begins to hold leaders responsible ciently to places of employment, shopping dis- sessment of liability and compensation cannot for their unconscionable crimes, we begin to tricts, medical appointments, and generally im- be determined by a private contractual agree- prevent such abuses from occurring in the fu- proves the quality of life of local residents. ment between physicians and patients. The ture. Finally, I would like to draw attention to Win- Freedom from Unnecessary Litigation Act is Madam Speaker, I am under no illusion that ter Haven resident Larry Murphy, because this designed to take a step toward resolving these this arrest warrant—even if it results in Presi- system would not have been put in place with- problems through private contracts. dent al-Bashir’s arrest and removal from out his efforts. Mr. Murphy gathered 175 sig- Using insurance, private contracts, and power—will end the conflict in Darfur. This natures on a petition and continually pushed binding arbitration to resolve medical disputes warrant is yet another step on the long road his case before the city commission for the benefits patients, who receive full compensa- to ending this conflict and achieving some bus service. His efforts paid off and have been tion in a timelier manner than under the cur- measure of stability in the war-torn region. But enjoyed by 2,687,618 riders over the past 10 rent system. It also benefits physicians and it will require a comprehensive approach com- years. hospitals, which are relieved of the costs as- bining positive political, economic, social, and Mr. Murphy’s vision was to help people get sociated with litigation. Since it will not cost as even military efforts. The United States, for where they needed to go. His advocacy is much to provide full compensation to an in- one, needs to build on the ICC’s momentum what got the Winter Haven Area Transit jured patient, these bills should result in a re- by immediately committing to an intense diplo- buses. His legacy is what keeps them moving duction of malpractice premiums. The Free- matic effort. I welcome Secretary of State Hil- forward. dom from Unnecessary Litigation Act benefits lary Clinton’s affirmative remarks on the ICC’s Happy 10th Anniversary to the Winter everybody except those trial lawyers who prof- warrant, and I further encourage President Haven Area Transit and a great thanks to Mr. it from the current system. I hope all my col- Obama to appoint a full-time, high-level envoy Murphy. leagues will help end the malpractice crises to the region. We can and we must build on f while ensuring those harmed by medical inju- the ICC’s efforts to bring to justice those re- ries receive just compensation by cospon- sponsible for the atrocities in Darfur. INTRODUCTION OF THE FREEDOM soring my Freedom from Unnecessary Litiga- I urge my colleagues to support this resolu- FROM UNNECESSARY LITIGA- tion Act. tion. TION ACT f f HON. RON PAUL PERSONAL EXPLANATION TRIBUTE TO JERRY PATTERSON OF TEXAS IN THE HOUSE OF REPRESENTATIVES HON. RON KLEIN Thursday, March 12, 2009 HON. TOM LATHAM OF FLORIDA OF IOWA Mr. PAUL. Madam Speaker, I am pleased to IN THE HOUSE OF REPRESENTATIVES introduce the Freedom from Unnecessary IN THE HOUSE OF REPRESENTATIVES Thursday, March 12, 2009 Litagation Act. As its title suggests, this bill Thursday, March 12, 2009 provides an effective means of ensuring that Mr. KLEIN of Florida. Madam Speaker, on Mr. LATHAM. Madam Speaker, I rise to rec- March 9, 2009, l was tending to a family com- those harmed during medical treatment re- ceive fair compensation while reducing the ognize Jerry Patterson, a native of Fort mitment, for which the timing was not flexible. Dodge, Iowa, on being inducted into the Iowa Had I been able to vote, I would have voted burden of costly malpractice litigation on the health care system. This bill achieves its goal High School Baseball Coaches Association ‘‘yes’’ on rollcall No. 110; ‘‘yes’’ on rollcall No. Hall of Fame. 111; ‘‘yes’’ on rollcall No. 112. by providing a tax credit for negative out- comes insurance purchased before medical Jerry, a 70-year-old resident of Fort Dodge f treatment. The insurance will provide com- has done everything in the game of baseball. He played high school baseball in Fort Dodge, HONORING WINTER HAVEN AREA pensation for any negative outcomes of the has coached for many years, and has even TRANSIT’S 10TH ANNIVERSARY medical treatment. Patients can receive this insurance without having to go through lengthy owned a ball park. Fort Dodge’s baseball field, litigation and without having to give away a Patterson Field, is named after Jerry. HON. ADAM H. PUTNAM large portion of their award to a trial lawyer. Jerry was recently honored in Cedar Rap- OF FLORIDA Relying on negative outcomes insurance in- ids, Iowa in front of a crowd of approximately IN THE HOUSE OF REPRESENTATIVES stead of litigation will also reduce the costs im- 1,000 people from across the state. Patterson posed on physicians, other health care pro- has been inducted to the Hall of Fame in Thursday, March 12, 2009 viders, and hospitals by malpractice litigation. honor of his passion, dedication, and contribu- Mr. PUTNAM. Madam Speaker, the Winter The Freedom from Unnecessary Litigation Act tions to the game of baseball and Fort Dodge. Haven Area Transit (WHAT) began as a three- also promotes effective solutions to the mal- Jerry, who has been successfully battling year pilot program funded jointly by the City of practice crisis by making malpractice awards cancer for over 12 years, continues to serve Winter Haven and the Polk County Board of obtained through binding, voluntary arbitration as an inspiration to his community, and his County Commissioners. It is now celebrating tax-free. contributions have made a lasting impact its 10th anniversary, marked by a special time The malpractice crisis has contributed to the across the state. I know that my colleagues in capsule ceremony on Tuesday, March 17, closing of a maternity ward in Philadelphia and the United States Congress join me in con- 2009. a trauma center in Nevada. Several years gratulating Jerry Patterson on his induction WHAT served 47,553 riders in its first year ago, surgeons in West Virginia actually walked into the Hall of Fame. I consider it an honor and served 589,747 last year. WHAT now pro- away from their jobs to protest increasing li- to represent Jerry in Congress, and I wish him vides transportation to Bartow, Eagle Lake, ability rates. These are a few of the examples and his wife happiness and health in the fu- Auburndale, Lake Alfred, Lake Wales, Haines of how access to quality health care is jeop- ture.

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A12MR8.046 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS E666 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2009 EARMARK DECLARATION HONORING ANNE A. ANDREWS, underinsured residents. She was a key force FAIRFAX COUNTY’S CITIZEN OF behind pulling together community support, THE YEAR helping establish the CHCN that today enrolls HON. CHRISTOPHER H. SMITH over 20,000 residents each year through three community health care centers. Since its be- OF NEW JERSEY HON. GERALD E. CONNOLLY OF VIRGINIA ginning, she has served as a stalwart member IN THE HOUSE OF REPRESENTATIVES of the CHCN Community Advisory Committee. IN THE HOUSE OF REPRESENTATIVES Anne also championed the establishment of Thursday, March 12, 2009 Wednesday, March 11, 2009 the Program of Assertive Community Treat- Mr. SMITH of New Jersey. Madam Speaker, Mr. CONNOLLY of Virginia. Madam Speak- ment (PACT), providing comprehensive, com- pursuant to the House Republican standards er, I rise today to recognize Anne A. Andrews, munity-based services in areas of treatment, on earmarks, I am submitting the following in- Fairfax County’s Citizen of the Year. For over rehabilitation, and support for the most se- formation regarding earmarks I received as three decades, Anne Andrews has raised her verely mentally ill members of our community part of H.R. 1105, the Omnibus Appropriations voice for, and our awareness of, the needs of for whom traditional clinic-based treatments Act, 2009: Fairfax County’s most vulnerable residents. have been insufficient. She was unanimously She demonstrates an unparalleled dedication elected to lead the Southeast Health Planning Requesting Member: Rep. CHRISTOPHER H. to helping others and is one of the most com- Task Force, established to develop strategies SMITH mitted citizen leaders in the County. The pas- to provide enhanced services and deliver ac- Bill Number: H.R. 1105 sion she embodies is apparent in the expan- cessible health care in southeastern Fairfax siveness and intensity of volunteer services County. Anne co-revived a Citizen’s Advisory Account: Health Resources and Services she has faithfully provided over the years. Board to strengthen the Mount Vernon Center Administration (HRSA)—Health Facilities and Anne is most well-known for her tireless for Community Mental Health. The Board as- Services commitment and dedicated service, for the sists in improved service delivery, advocates Legal Name of Requesting Entity: Georgian past 34 years, as Convener of the Route One for expanded mental health programs, and Court University Task Force for Human Services, providing a provides citizen advice on mental health Address of Requesting Entity: 900 Lake- collaborative forum for over 40 community and issues and policies. wood Avenue, Lakewood, New Jersey 08701 government representatives and community- Under Anne’s leadership, the first shelter for based organizations. The Task Force has the homeless in Fairfax County was estab- Description of Request: I have secured raised awareness of issues, developed capac- lished in the Richmond Corridor. More re- $190,000 for the Autism Institute for Training ities to fill service gaps, and engaged wide cently, she facilitated a community tie-in to the and Applied Research at Georgian Court Uni- community participation in enhancing mental county’s hypothermia project. versity, Lakewood, New Jersey in Division F of health and homeless services as well as pro- Anne remains a steady and effective advo- the Omnibus Appropriations Act, 2009. The In- viding more accessible health care in the cate for community-based mental health treat- stitute will establish a statewide resource for Richmond Highway area. ment and community access to health care, parents, caregivers and healthcare profes- Anne’s expertise lies in identifying a need particularly for the most vulnerable members sionals and provide development and in-serv- and mobilizing an entire community to help of our community. There are few people who ice training and outreach and conduct applied serve that need. An excellent example is that take the time and energy to affect a commu- research on all facets of autism spectrum dis- of the Community Health Care Network nity so greatly and as positively as Anne. Due orders. Georgian Court University is com- (CHCN), formed in 1989, an organization that to her outstanding contributions and persistent mitted to this project and is in the process of credits its formation largely to her tireless ad- efforts, Fairfax County is a healthier commu- developing courses in autism and has hired a vocacy. It is one of the best resources to pro- nity, and I ask my colleagues to join me in full-time faculty member devoted to autism re- vide accessible, quality primary health care recognizing Anne Andrews as the 2008 Fair- search. services for low income, uninsured, and fax County Citizen of the Year.

VerDate Nov 24 2008 03:03 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K12MR8.014 E12MRPT1 SMARTINEZ on PROD1PC64 with REMARKS Thursday, March 12, 2009 Daily Digest Senate Chamber Action Measures Considered: Revolutionary War and War of 1812 Battlefield Routine Proceedings, pages S3035–3096 Protection Act Cloture Agreement: Senate began Measures Introduced: Nineteen bills and two reso- consideration of the motion to proceed to consider- lutions were introduced, as follows: S. 576–594, and ation of H.R. 146, to establish a battlefield acquisi- S. Res. 74–75. Pages S3073–74 tion grant program for the acquisition and protec- Measures Reported: tion of nationally significant battlefields and associ- S. 49, to help Federal prosecutors and investiga- ated sites of the Revolutionary War and the War of tors combat public corruption by strengthening and 1812. Page S3096 clarifying the law, with an amendment in the nature A motion was entered to close further debate on of a substitute. Page S3073 the motion to proceed to consideration of the bill, Measures Passed: and, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, and pursuant to Omnibus Indian Advancement Act: Committee the unanimous-consent agreement of Thursday, on Indian Affairs was discharged from further con- March 12, 2009, a vote on cloture will occur at 5:30 sideration of S. 338, to amend the Omnibus Indian Advancement Act to modify the date as of which p.m. on Monday, March 16, 2009; provided further, certain tribal land of the Lytton Rancheria of Cali- that if cloture is invoked, then post-cloture time fornia is deemed to be held in trust and to provide count as if cloture had been invoked at 10 a.m. on for the conduct of certain activities on the land, and Monday, March 16, 2009, and that during any recess the bill was then passed. Page S3091 or adjournment period, post-cloture time continue to run. Page S3096 Bennett Freeze: Committee on Indian Affairs was A unanimous-consent agreement was reached pro- discharged from further consideration of S. 39, to re- viding for further consideration of the motion to peal section 10(f) of Public Law 93–531, commonly proceed to consideration of the bill at approximately known as the ‘‘Bennett Freeze’’, and the bill was 3 p.m., on Monday, March 16, 2009. Page S3096 then passed. Page S3091 Czech Republic, the Republic of Hungary, and Appointments: the Republic of Poland as members of the North Dwight D. Eisenhower Memorial Commission: Atlantic Treaty Organization 10-Year Anniver- The Chair, on behalf of the President pro tempore, sary: Committee on Foreign Relations was dis- pursuant to provisions of Public Law 106–79, ap- charged from further consideration of S. Res. 60, pointed the following Senators to the Dwight D. Ei- commemorating the 10-year anniversary of the acces- senhower Memorial Commission: Senator Bennett. sion of the Czech Republic, the Republic of Hun- Page S3092 gary, and the Republic of Poland as members of the United States Senate Caucus on International North Atlantic Treaty Organization, and the resolu- Narcotics Control: The Chair, on behalf of the Ma- tion was then agreed to. Page S3091 jority Leader, pursuant to the provisions of Public Philadelphia Zoo 150th Anniversary: Senate Law 99–93, as amended by Public Law 99–151, ap- agreed to S. Res. 75, commemorating the 150th an- pointed the following Senators as members of the niversary of the founding of the Philadelphia Zoo: United States Senate Caucus on International Nar- America’s First Zoo. Pages S3091–92 cotics Control: Senators Schumer and Whitehouse. Authorizing Use of the Capitol Grounds: Senate Page S3092 agreed to H. Con. Res. 37, authorizing the use of Nominations Confirmed: Senate confirmed the fol- the Capitol Grounds for the Greater Washington lowing nominations: Soap Box Derby. Page S3092 D254

VerDate Nov 24 2008 03:12 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D12MR9.REC D12MRPT1 SMARTINEZ on PROD1PC64 with DIGEST March 12, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D255 By 65 yeas 28 nays (Vote No. EX. 97), David W. BUDGET AND REVENUE PROPOSALS Ogden, of Virginia, to be Deputy Attorney General. Committee on the Budget: Committee concluded a hear- Pages S3042–51 ing to examine the President’s fiscal year 2010 By 72 yeas 20 nays (Vote No. EX. 98), Thomas budget and revenue proposals, after receiving testi- John Perrelli, of Virginia, to be Associate Attorney mony from Timothy F. Geithner, Secretary of the General. Pages S3051–54 Treasury. Nominations Received: Senate received the fol- lowing nominations: BUSINESS MEETING Thomas L. Strickland, of Colorado, to be Assistant Secretary for Fish and Wildlife. Committee on Commerce, Science, and Transportation: On Alexander Vershbow, of the District of Columbia, Wednesday, March 11, 2009, committee announced to be an Assistant Secretary of Defense. Page S3096 the following subcommittee assignments for the 111th Congress: Messages from the House: Page S3073 Subcommittee on Aviation Operations, Safety, and Secu- Measures Referred: Page S3073 rity: Senators Dorgan (Chair), Inouye, Kerry, Boxer, Measures Placed on the Calendar: Page S3073 Nelson (FL), Cantwell, Lautenberg, Pryor, McCaskill, Klobuchar, Warner, Begich, Rockefeller (ex officio), Executive Reports of Committees: Page S3073 DeMint, Snowe, Ensign, Thune, Wicker, Isakson, Additional Cosponsors: Pages S3074–75 Vitter, Brownback, Martinez, Johanns, and Statements on Introduced Bills/Resolutions: Hutchison (ex officio). Pages S3075–90 Subcommittee on Communications and Technology: Sen- Additional Statements: Pages S3072–73 ators Kerry (Chair), Inouye, Dorgan, Nelson (FL), Cantwell, Lautenberg, Pryor, McCaskill, Klobuchar, Notices of Hearings/Meetings: Page S3090 Udall (NM), Warner, Begich, Rockefeller (ex offi- Authorities for Committees To Meet: Page S3090 cio), Ensign, Snowe, DeMint, Thune, Wicker, Privileges of the Floor: Pages S3090–91 Isakson, Vitter, Brownback, Martinez, Johanns, and Record Votes: Two record votes were taken today. Hutchison (ex officio). Subcommittee on Competiteveness, Innovation, and Ex- (Total 98) Pages S3051, S3054 port Promotion: Senators Klobuchar (Chair), Kerry, Adjournment: Senate convened at 11 a.m. and ad- Dorgan, McCaskill, Udall (NM), Warner, Begich, journed at 6:58 p.m., until 2 p.m. on Monday, Rockefeller (ex officio), Martinez, Ensign, DeMint, March 16, 2009. (For Senate’s program, see the re- Thune, Brownback, Johanns, and Hutchison (ex offi- marks of the Majority Leader in today’s Record on cio). page S3096.) Subcommittee on Consumer Protection, Product Safety, and Insurance: Senators Pryor (Chair), Dorgan, Boxer, Committee Meetings Nelson (FL), McCaskill, Klobuchar, Udall (NM), Rockefeller (ex officio), Wicker, Snowe, DeMint, (Committees not listed did not meet) Thune, Isakson, Vitter, and Hutchison (ex officio). Subcommittee on Oceans, Atmosphere, Fisheries, and SUSTAINABLE TRANSPORTATION Coast Guard: Senators Cantwell (Chair), Inouye, SOLUTIONS Kerry, Boxer, Lautenberg, Begich, Rockefeller (ex Committee on Banking, Housing, and Urban Affairs: officio), Snowe, Wicker, Isakson, Vitter, Martinez, Committee concluded a hearing to examine sustain- and Hutchison (ex officio). able transportation solutions, focusing on investing Subcommittee on Science and Space: Senators Nelson in transit to meet 21st century challenges, after re- (FL) (Chair), Inouye, Kerry, Boxer, Pryor, Udall ceiving testimony from Raymond H. LaHood, Sec- (NM), Warner, Rockefeller (ex officio), Vitter, retary of Transportation; Joseph F. Marie, Con- Snowe, Ensign, Thune, Isakson, Johanns, and necticut Department of Transportation, West Hart- Hutchison (ex officio). ford, on behalf of the American Association of State Subcommittee on Surface Transportation and Merchant Highway and Transportation Officials; Mayor John Marine: Senators Lautenberg (Chair), Inouye, Kerry, Hickenlooper, Denver, Colorado, on behalf of the Dorgan, Boxer, Cantwell, Pryor, Udall, Warner, United States Conference of Mayors; and Beverly Scott, Metropolitan Atlanta Rapid Transit Authority, Begich, Rockefeller (ex officio), Thune, Snowe, En- Atlanta, Georgia, on behalf of the American Public sign, DeMint, Wicker, Isakson, Vitter, Brownback, Transportation Association. Johanns, and Hutchison (ex officio).

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CLIMATE CHANGE RESPONSE of the Interior, after the nominee, who was intro- Committee on Commerce, Science, and Transportation: duced by Senator Bayh, testified and answered ques- Committee concluded a hearing to examine climate tions in his own behalf. science, focusing on empowering our response to cli- HEALTH CARE REFORM mate change, after receiving testimony from Sean Dilweg, Wisconsin Insurance Division, Madison, on Committee on Finance: Committee concluded a hearing behalf of the National Association of Insurance Com- to examine workforce issues in health care reform, missioners; Tim Killeen, National Science Founda- focusing on assessing the present and preparing for tion, Arlington, VA; Katharine Jacobs, Arizona the future, after receiving testimony from David C. Water Institute, Tucson; and Frank Alix, Powerspan Goodman, Dartmouth Institute for Health Policy Corporation, Portsmouth, NH. and Clinical Practice, Hanover, NH; Allan H. Goroll, Harvard Medical School, Boston, MA; and BUSINESS MEETING Fitzhugh Mullan, George Washington University, Committee on Commerce, Science, and Transportation: and Steven A. Wartman, Association of Academic Committee ordered favorably reported the nomina- Health Centers, both of Washington, DC. tions of John P. Holdren, of Massachusetts, to be Director of the Office of Science and Technology BUSINESS MEETING Policy, and Jane Lubchenco, of Oregon, to be Under Committee on Finance: Committee ordered favorably Secretary of Commerce for Oceans and Atmosphere, reported the nomination of Ronald Kirk, of Texas, both of the Department of Commerce, and routine to be United States Trade Representative, with the promotion lists in the Coast Guard. rank of Ambassador. ELECTRICITY TRANSMISSION LINES SITING INDIAN AFFAIRS BUDGET Committee on Energy and Natural Resources: Committee Committee on Indian Affairs: Committee concluded a concluded a hearing to examine proposed legislation hearing to examine the President’s proposed budget regarding siting of electricity transmission lines, in- request for fiscal year 2010 for tribal priorities, after cluding increased federal siting authority and re- receiving testimony from Jacqueline Johnson, Na- gional transmission planning, after receiving testi- tional Congress of American Indians, Robert B. mony from Senator Reid; Jon Wellinghoff, Acting Cook, National Indian Education Association, and Chairman, Federal Energy Regulatory Commission; Cheryl Parish, Bay Mills Housing Authority, on be- Tony Clark, North Dakota Public Service Commis- half of the National American Indian Housing Au- sion, Bismarck, on behalf of the National Association thority, all of Washington, DC; and Jessica Burger, of Regulatory Utility Commissioners; Reid Dechton, National Indian Health Board, Manistee, MI. Energy Future Coalition, Washington, DC; Joseph L. BUSINESS MEETING Welch, ITC Holdings Corporation, Novi, MI; Graham Edwards, Midwest Independent Trans- Committee on the Judiciary: Committee ordered favor- mission System Operation, Inc., Carmel, IN; James ably reported S. 49, to help Federal prosecutors and A. Dickenson, JEA, Jacksonville, FL, on behalf of investigators combat public corruption by strength- the Large Public Power Council; and Michael G. ening and clarifying the law, with an amendment in Morris, American Electric Power, Columbus, OH. the nature of a substitute. BUSINESS MEETING BUSINESS MEETING Committee on Energy and Natural Resources: Committee Select Committee on Intelligence: Committee ordered fa- concluded a hearing to examine the nomination of vorably reported the nomination of David S. Kris, of David J. Hayes, of Virginia, to be Deputy Secretary Maryland, to be an Assistant Attorney General. h House of Representatives Res. 40; H. Con. Res. 71–72; and H. Res. 237–244, Chamber Action were introduced. Pages H3399–H3401 Public Bills and Resolutions Introduced: 55 pub- Additional Cosponsors: Pages H3401–02 lic bills, H.R. 1454–1508; and 11 resolutions, H.J.

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Reports Filed: There were no reports filed today. wastewater infrastructure on the Great Lakes; re- Committee Election: The House agreed to H. Res. quires States to set aside 20 percent of combined 237, electing the following Member to the Com- sewer and sanitary sewer grants to communities that mittee on Foreign Affairs: Representative Woolsey implement green infrastructure or other water and (to rank immediately after Representative Gene energy efficient improvements; and requires the EPA Green of Texas). Page H3339 Administrator to conduct a study on the presence of pharmaceuticals and personal care products in the Water Quality Investment Act of 2009: The waters of the United States; Pages H3359–61 House passed H.R. 1262, to amend the Federal Markey (CO) amendment (No. 3 printed in H. Water Pollution Control Act to authorize appropria- Rept. 111–36) that requires states to use at least 15 tions for State water pollution control revolving percent (instead of 10 percent as required in the bill) funds, by a recorded vote of 317 ayes to 101 noes, of each capitalization grant for water pollution con- Roll No. 123. Pages H3345–76 trol to provide assistance to municipalities of less Agreed by unanimous consent that the Chair may than 10,000 people to the extent that there are suffi- reduce to 2 minutes the minimum time for elec- cient applications for assistance; Pages H3365–66 tronic voting on any question that otherwise could Miller (MI) amendment (No. 4 printed in H. be subjected to 5-minute voting under clause 8 or Rept. 111–36) that directs the EPA to convene a 9 of rule 20 or under clause 6 of rule 18. Page H3345 task force (EPA, FDA, and others appointed by the Pursuant to the rule, the amendment in the na- Administrator of the EPA) to develop recommenda- ture of a substitute recommended by the Committee tions on the proper disposal of unused pharma- on Transportation and Infrastructure now printed in ceuticals and a strategy to educate the public on the bill shall be considered as an original bill for the those recommendations. Also permits, at the request purpose of amendment under the 5-minute rule. of the head of the task force, any federal agency or Page H3354 department to detail personnel to the task force; Accepted: Pages H3366–67 Oberstar amendment (No. 1 printed in H. Rept. Flake amendment (No. 5 printed in H. Rept. 111–36) that authorizes tribal governments to be el- 111–36) that prohibits earmarking of funds appro- igible for technical and management assistance for priated as a result of the reauthorization of the small publicly-owned sewerage agencies; amends an Water Pollution Control Revolving Loan Funds in- existing Clean Water Act authority for the Environ- cluded in the bill; Pages H3367-68 mental Protection Agency (EPA) to carry out pilot Oberstar amendment (No. 6 printed in H. Rept. projects by ensuring that certain ‘‘green technology’’ 111–36) that requires that States, in the develop- activities are eligible for controlling stormwater run- ment of their priority methodology, give priority to off, and increase the authorization of appropriations projects that construct bioswales that filter and natu- for this authority to $100 million for each of fiscal rally store stormwater runoff and floodwaters for fu- years 2010 through 2014; clarifies the eligibility for ture water supply and recharge of natural aquifers; construction of energy-efficient or renewable-energy Pages H3368–69 generation technologies at publicly-owned sewerage Roskam amendment (No. 7 printed in H. Rept. agencies under the Clean Water State Revolving 111–36) that requires the Director of OMB to study Fund; provides additional criteria for States to deter- programs authorized by the Act under the Program mine ‘‘affordability criteria’’ for waste-water infra- Assessment Rating Tool or a successor performance structure projects and activities, including factors re- assessment tool developed by OMB; Page H3369 lated to per capita income and local unemployment Dahlkemper amendment (No. 8 printed in H. rates; provides additional transparency and account- Rept. 111–36) that requires certification by a system ability for expenditures from the Clean Water State operator that both water and energy conservation are Revolving Fund by requiring EPA to conduct, and components of their fiscal sustainability plan; make publicly available, an annual performance re- Pages H3369–70 view of expenditures from the Clean Water State Re- Wittman amendment (No. 9 printed in H. Rept. volving Fund, including a review of the types and 111–36) that requires the OMB Director to submit categories of projects and activities carried out using to Congress a financial report containing an inter- the fund, and an estimate of the number of jobs cre- agency crosscut budget for restoration activities that ated from proceeds of the fund; strikes a provision protect, conserve, or restore water quality in the related to the collection of tonnage duties that was Chesapeake Bay watershed. Also, the EPA Adminis- unnecessary; authorizes additional studies on the trator will have to develop and update an adaptive water-related infrastructure needs along the United management plan for Chesapeake Bay restoration ac- States-Mexican border region, and the condition of tivities; and Pages H3370–72

VerDate Nov 24 2008 03:12 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D12MR9.REC D12MRPT1 SMARTINEZ on PROD1PC64 with DIGEST D258 CONGRESSIONAL RECORD — DAILY DIGEST March 12, 2009 Driehaus amendment (No. 10 printed in H. Rept. tion, and Consumer Services, USDA; and public wit- 111–36), as modified, that increases from $1.8 bil- nesses. lion to $2.5 billion the authorization level for the WHAT WORKS FOR SUCCESSFUL PRISONER grant program that makes funds available for com- REENTRY bined sewer overflows and sanitary sewer overflows. Pages H3372–74 Committee on Appropriations: Subcommittee on Com- Rejected: merce, Justice, Science and Related Agencies held a Mack amendment (No. 2 printed in H. Rept. hearing on what Works for Successful Prisoner Re- 111–36) that sought to remove all Davis-Bacon pre- entry. Testimony was heard from public witnesses. vailing wage provisions from the bill (by a recorded DEFENSE APPROPRIATIONS vote of 140 ayes to 284 noes, Roll No. 122). Pages H3361–65, H3374–75 Committee on Appropriations: Subcommittee on Defense H. Res. 235, the rule providing for consideration held a hearing on Army and Marine Corps Force of the bill, was agreed to by voice vote after agreeing Protection. Testimony was heard from the following to order the previous question without objection. officials of the Department Army: GEN Ross Pages H3341–45 Thompson, Deputy Assistant Secretary of the Army Pursuant to the rule, H. Res. 218, H. Res. 219, (Acquisitions, Logistics, and Technology); GEN and H. Res. 229 are laid on the table. James D. Thurman, USA, Deputy Chief of Staff, (G–3/5/7) of the Army; and GEN James Amos, Suspension—Proceedings Resumed: The House USMC, Assistant Commandant of the Marine Corps. agreed to suspend the rules and agree to the fol- lowing measure which was debated on Wednesday, HOMELAND SECURITY APPROPRIATIONS March 11th: Committee on Appropriations: Subcommittee on Home- Supporting the designation of Pi Day: H. Res. land Security held a hearing on Securing the Na- 224, to support the designation of Pi Day, by a 2⁄3 tion’s Rail and Transit Systems. Testimony was yea-and-nay vote of 391 yeas to 10 nays, Roll No. heard from the following officials of the Department 124. Page H3376 of Homeland Security: John Sammon, Assistant Ad- ministrator, Transportation Sector Network Manage- Meeting Hour: Agreed that when the House ad- ment, Transportation Security Administration; and journs today, it adjourn to meet at 12:30 p.m. on W. Ross Ashley, Assistant Administrator, Grant Monday, March 16th for morning hour debate. Programs, FEMA; Bill Morange, Deputy Executive Page H3378 Director and Director of Security, Metropolitan Senate Message: Message received from the Senate Transportation Authority, New York; Jack Eckles, today appears on page H3350. Deputy Executive Officer, System Safety and Secu- Quorum Calls—Votes: One yea-and-nay vote and rity, Los Angeles County Metropolitan Transpor- two recorded votes developed during the proceedings tation Authority. of today and appear on pages H3374, H3375, and MILITARY CONSTRUCTION H3376. There were no quorum calls. APPROPRIATIONS Adjournment: The House met at 10 a.m. and ad- Committee on Appropriations: Subcommittee on Mili- journed at 5:50 p.m. tary Construction, Veterans’ Affairs, and Related Agencies held a hearing on Review of VA Chal- lenges. Testimony was heard from the following offi- Committee Meetings cials of the GAO: Randall B. Williamson, Director, COMMITTEE BUDGET VIEWS AND Health Care; and Valerie C. Melvin, Director, Infor- ESTIMATES FY 2010 mation Management and Human Capital Issues; and the following officials of the Department of Veterans Committee on Agriculture: Approved the Budget Views Affairs: John D. Daigh, Jr., M.D., CPA, Assistant and Estimates Letter of the Committee on Agri- Inspector General, Healthcare Inspections; Belinda J. culture for submission to the Committee on the Finn, Assistant Inspector General, Auditing; and Budget. Maureen T. Regan, Counselor to the Inspector Gen- DOMESTIC NUTRITION PROGRAMS eral. Committee on Appropriations: Subcommittee on Agri- MILITARY CONSTRUCTION culture held a hearing on Domestic Nutrition Pro- APPROPRIATIONS grams. Testimony was heard from Thomas O’Con- Committee on Appropriations: Subcommittee on Mili- nor, Acting Deputy Under Secretary, Food, Nutri- tary Construction, Veterans’ Affairs, and Related

VerDate Nov 24 2008 03:12 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D12MR9.REC D12MRPT1 SMARTINEZ on PROD1PC64 with DIGEST March 12, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D259 Agencies held a hearing Family and Troop Housing. Charles E. Milam, Director, Air Force Services, Testimony was heard from Wayne Arny, Deputy Headquarters U.S. Air Force. Undersecretary, Installations and Environment, De- DEPARTMENT OF EDUCATION FISCAL partment of Defense; Keith Eastin, Assistant Sec- YEAR 2010 BUDGET retary, Installations and Environment, Department of the Army; B. J. Penn, Assistant Secretary, Installa- Committee on the Budget: Held a hearing on Depart- tions and Environment, Department of the Navy; ment of Education Fiscal Year 2010 Budget. Testi- and Kevin Billings, Acting Assistant Secretary, In- mony was heard from Arne Duncan, Secretary of stallations, Environment, and Logistics, Department Education. of the Air Force. LOST EDUCATIONAL OPPORTUNITIES IN STATE, FOREIGN OPERATIONS ALTERNATIVE SETTINGS APPROPRIATIONS Committee on Education and Labor: Subcommittee on Committee on Appropriations: Subcommittee on State, Healthy Families and Communities, and the Sub- Foreign Operations, and Related Programs held a committee on Crime, Terrorism and Homeland Se- hearing on Africa: Great Lakes, Sudan and the Horn. curity of the Committee on the Judiciary held a Testimony was heard from public witnesses. joint hearing on Lost Educational Opportunities in Alternative Settings. Testimony was heard from pub- TRANSPORTATION, HUD lic witnesses. APPROPRIATIONS UNIVERSAL SERVICE: REFORMING THE Committee on Appropriations: Subcommittee on Trans- HIGH-COST FUND portation, Housing and Urban Development, and Committee on Energy and Commerce: Subcommittee on Related Agencies held a hearing on Transportation Communications, Technology and the Internet held Challenges of Rural America. Testimony was heard a hearing on Universal Service: Reforming the High- from public witnesses. Cost Fund. Testimony was heard from public wit- DOD AT HIGH RISK nesses. RECOMMENDATIONS—IMPROVING CONSUMER PROTECTION POLICIES FOR DEPARTMENT MANAGEMENT CLIMATE LEGISLATION Committee on Armed Services: Held a hearing on the Committee on Energy and Commerce: Subcommittee on Department of Defense at High Risk: Recommenda- Energy and Environment held a hearing on Con- tions of the Comptroller General for Improving De- sumer Protection Policies for Climate Legislation. partment Management. Testimony was heard from Testimony was heard from public witnesses. Gene L. Dodaro, Acting Comptroller General, GAO. COMMITTEE BUDGET VIEWS AND MILITARY RESALE, AND MORALE, ESTIMATES FY 2010; SPECIAL INSPECTOR WELFARE AND RECREATION OVERVIEW GENERAL TROUBLED ASSET RELIEF Committee on Armed Services: Subcommittee on Mili- PROGRAM ACT OF 2009 tary Personnel held a hearing on military resale and Committee on Financial Services: Ordered reported the fol- morale, welfare and recreation overview. Testimony lowing: S. 383, Special Inspector General for the Trou- bled Asset Relief Program Act of 2009; and a Committee was heard from the following officials of the Depart- Print, as amended, entitled ‘‘Views and Estimates of the ment of Defense: Arthur Myers, Principal Director, Committee on Financial Services on Matters to be Set Military Community and Family Policy, Office of Forth in the Concurrent Resolution on the Budget for the Under Secretary, Personnel and Readiness; Fiscal Year 2010.’’ RADM. Robert J. Bianchi, USN, Commander, Navy Exchange Service Command; MG. Keith L. MARK-TO-MARKET ACCOUNTING Thurgood, USAR, Commander, Army and Air Force Committee on Financial Services: Subcommittee on Cap- Exchange Service; Timothy R. Larsen, Director, Per- ital Markets, Insurance and Government Sponsored sonal and Family Readiness Division, Manpower and Enterprises held a hearing on Mark-to-Market Ac- Reserve Affairs Department Headquarters, U.S. Ma- counting: Practices and Implications. Testimony was rine Corps; Philip E. Sakowitz, Jr., Director and heard from James Kroeker, Acting Chief Accountant, CEO, Defense Commissary Agency; Richard SEC; Robert Hertz, Chairman, Financing Account- Gorman, Chief Operating Officer, U.S. Army Family ing Standards Board; Kevin Bailey, Deputy Comp- and Morale, Welfare and Recreation Command; John troller, Regulatory Policy, Office of the Comptroller B. Baker, Director, Fleet and Family Readiness, of the Currency, Department of the Treasury; and Commander, Navy Installations Command; and public witnesses.

VerDate Nov 24 2008 03:12 Mar 13, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D12MR9.REC D12MRPT1 SMARTINEZ on PROD1PC64 with DIGEST D260 CONGRESSIONAL RECORD — DAILY DIGEST March 12, 2009 IRAN SANCTIONS ENABLING ACT Department of Health and Human Services; the fol- Committee on Financial Services: Subcommittee on lowing former officials of the Department of Health International Monetary Policy and Trade held a hear- and Human Services: Salvador Mier, former Director, ing on H.R. 1327, Iran Sanctions Enabling Act of Prevention, Center for Disease Control; and Ronnie 2009. Testimony was heard from Ted Deutch, Sen- Wilson, former Ombudsman, Agency for Toxic ator, State of Florida; and public witnesses. Susbstances and Disease Registry; and public wit- nesses. U.S. FOREIGN ECONOMIC POLICY IN THE GLOBAL CRISIS ENSURING STIMULUS CONTRACTS—SMALL AND VETERANS OWNED BUSINESSES Committee on Foreign Affairs: Subcommittee on Ter- rorism, Nonproliferation and Trade held a hearing Committee on Small Business: Subcommittee on Con- on U.S. Foreign Economic Policy in the Global Cri- tracting and Technology held a hearing on Ensuring sis. Testimony was heard from C. Fred Bergsten, Stimulus Contracts for Small and Veteran-owned former Assistant Secretary, International Affairs, De- Businesses. Testimony was heard from Calvin Jen- partment of the Treasury; and public witnesses. kins, Acting Associate Administrator, Government Contracting and Business Development, SBA; Joel BORDER VIOLENCE—STRATEGIES AND Szabat, Assistant Secretary, Transportation Policy, RESOURCES Department of Transportation; Gail Wegner, Acting Committee on Homeland Security: Subcommittee on Director, Office of Small and Disadvantaged Busi- Border, Maritime and Global Counterterrorism held ness Utilization, Department of Veterans Affairs; a hearing entitled ‘‘ Border Violence: An Examina- Brenda DeGraffenreid, Office of Small and Disadvan- tion of DHS Strategies and Resources’’. Testimony taged Business Utilization, Department of Energy; was heard from the following officials of the Depart- Linda Oliver, Acting Director, Office of Small Busi- ment of Homeland Security: VADM Roger T. Rufe, ness Programs, Department of Defense; and public Jr., (USCG Ret.), Director, Office of Operations Co- witnesses. ordination; Alonzo Pena, Department of Homeland COMMITTEE ORGANIZATION; Security Attache, U.S. Embassy, Mexico City; John PROTECTING LOWER-INCOME FAMILIES Leech, Acting Director, Office of Counternarcotics WHILE FIGHTING GLOBAL WARMING Enforcement; Salvador Nieto, Deputy Assistant Commissioner, Intelligence and Operations Coordi- Committee on Ways and Means: Subcommittee on In- nation, Customs and Border Protection; and Kumar come Security and Family Support met for organiza- Kibble, Deputy Director, Office of Investigations, tional purposes. Immigration and Customs Enforcement. The Subcommittee also held a hearing on Pro- tecting Lower-Income Families While Fighting VIOLENCE ON THE U.S.-MEXICAN BORDER Global Warming. Testimony was heard from Terry Committee on Oversight and Government Reform: Sub- Dinian, Senior Advisor, Climate Issues, CBO; and committee on National Security, and Foreign Affairs public witnesses. held a hearing on Money, Guns, and Drugs: Are INTELLIGENCE ACTIVITIES BRIEFING U.S. Inputs Fueling Violence on the U.S.-Mexican Border? Testimony was heard from Jonathan Paton, Permanent Select Committee on Intelligence: Met in execu- Senator, State of Arizona; and public witnesses. tive session to receive a briefing on Intelligence Ac- tivities. Testimony was heard from Leon Panetta, Di- COMMITTEE BUDGET VIEWS AND rector, CIA. ESTIMATES FY 2010 BUDGET Committee on Rules: On March 11, the Committee Joint Meetings adopted its Budget Views and Estimates of the VETERANS’ SERVICE ORGANIZATIONS President’s Fiscal Year Budget for submission to the Committee on the Budget. Joint Hearing: Committee on Veterans’ Affairs con- cluded joint hearings with the House Committee on ATSDR: PROBLEMS IN THE PAST, Veterans’ Affairs to examine legislative presentations POTENTIAL FOR THE FUTURE of veterans’ service organizations, after receiving tes- Committee on Science and Technology: Subcommittee on timony from John Chad Hapner, American Veterans Investigations and Oversight held a hearing on (AMVETS), Lanham, MD; Robert H. Price, Air ATSDR: Problems in the Past, Potential for the Fu- Force Sergeants Association, Suitland, MD; Joseph L. ture? Testimony was heard from Howard Frumkin, Barnes, USN (Ret.), Fleet Reserve Association, and Director, National Center for Environmental Health/ Robert F. Norton, USA (Ret.), Military Officers As- Agency for Toxic Substances and Disease Registry, sociation of America, both of Alexandria, VA; Gene

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John Rowan, Vietnam Veterans of America, Cold March 19, Full Committee, to hold hearings to exam- Creek, NY. ine bank supervision and regulators, 10:30 a.m., SD–538. f March 19, Subcommittee on Financial Institutions, to hold hearings to examine current issues in deposit insur- NEW PUBLIC LAWS ance, 2 p.m., SD–538. (For last listing of Public Laws, see DAILY DIGEST, p. D 242) Committee on Commerce, Science, and Transportation: March H.R. 1105, making omnibus appropriations for 19, to hold hearings to examine cybersecurity, focusing on assessing our vulnerabilities and developing an effec- the fiscal year ending September 30, 2009. Signed tive defense, 10 a.m., SR–253. on March 11, 2009. (Public Law 111–8) Committee on Energy and Natural Resources: March 17, to f hold oversight hearings to examine energy development on public lands and the outer Continental Shelf, 10 a.m., COMMITTEE MEETINGS FOR FRIDAY, SD–366. MARCH 13, 2009 March 18, Full Committee, to hold hearings to exam- (Committee meetings are open unless otherwise indicated) ine nuclear energy development; to be immediately fol- lowed by a business meeting to consider the nomination Senate of David J. Hayes, of Virginia, to be Deputy Secretary No meetings/hearings scheduled. of the Interior, 9:30 a.m., SD–366. March 19, Full Committee, to hold hearings to exam- House ine the Appliance Standards Improvement Act of 2009, No committee meetings are scheduled. 9:30 a.m., SD–366. Committee on Finance: March 17, to hold hearings to ex- f amine tax issues related to fraud schemes and an update on offshore tax evasion legislation, 10 a.m., SD–215. CONGRESSIONAL PROGRAM AHEAD March 18, Subcommittee on Health Care, to hold hear- Week of March 16 through March 21, 2009 ings to examine what is health care quality and who de- cides, 2:30 p.m., SD–215. Senate Chamber Committee on Foreign Relations: March 16, to hold closed On Monday, at approximately 3 p.m., Senate will hearings to receive a briefing on global counterterrorism efforts, 10 a.m., SVC–217. resume consideration of the motion to proceed to Committee on Health, Education, Labor, and Pensions: consideration of H.R. 146, Revolutionary War and March 18, business meeting to consider S. 277, to amend War of 1812 Battlefield Protection Act, and vote on the National and Community Service Act of 1990 to ex- the motion to invoke cloture thereon at 5:30 p.m. pand and improve opportunities for service, 10 a.m., During the balance of the week, Senate may con- SD–430. sider any cleared legislative and executive business. Committee on the Judiciary: March 17, Subcommittee on Crime and Drugs, with the United States Senate Caucus Senate Committees on International Narcotics Control, to hold joint hearings (Committee meetings are open unless otherwise indicated) to examine law enforcement responses to Mexican drug Committee on Armed Services: March 17, to hold hearings cartels, 10:30 a.m., SD–226. to examine United States Southern Command, United March 18, Full Committee, to hold hearings to exam- States Northern Command, United States Africa Com- ine the National Academy of Science’s report Strength- mand, and United States Transportation Command, 9:30 ening Forensic Science in the United States: A Path For- a.m., SH–216. ward, 10 a.m., SD–226. March 18, Subcommittee on Personnel, to hold hear- March 19, Full Committee, business meeting to con- ings to examine the incidence of suicides of United States sider S. 515, to amend title 35, United States Code, to Servicemembers and initiatives within the Department of provide for patent reform, and the nomination of Dawn Defense to prevent military suicides, 2:45 p.m., Elizabeth Johnsen, of Indiana, to be an Assistant Attorney SR–232A. General, Department of Justice, 10 a.m., SD–226. March 19, Full Committee, to hold hearings to exam- Committee on Small Business and Entrepreneurship: March ine United States Pacific Command, United States Stra- 19, to hold hearings to examine perspectives from main tegic Command, and United States Forces Korea, with street on small business lending, 10 a.m., SR–428A.

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Committee on Veterans’ Affairs: March 18, to hold joint March 19, Subcommittee on Interior, Environment and hearings to examine the legislative presentation of the Related Agencies, on Council on Environment, 9:30 a.m., Veterans of Foreign Wars, 9:30 a.m., 334, Cannon Build- B–308 Rayburn. ing. March 19, Subcommittee on Military Construction, Select Committee on Intelligence: March 17, to hold closed Veterans’ Affairs, and Related Agencies, on Pacific Com- hearings to examine certain intelligence matters, 2:30 mand, 1:30 p.m., H–143 Capitol. p.m., SH–219. Committee on Armed Services, March 17, Subcommittee March 19, Full Committee, to hold closed hearings to on Air and Land Forces, hearing on the status of the fu- examine certain intelligence matters, 2:30 p.m., SH–219. ture combat systems program, 3 p.m., 2118 Rayburn. United States Senate Caucus on International Narcotics Con- March 17, Subcommittee on Strategic Forces, hearing trol: March 17, with the Committee on the Judiciary, on the status of U.S. strategic programs, 10 a.m., 2118 Subcommittee on Crime and Drugs, to hold joint hear- Rayburn. ings to examine law enforcement responses to Mexican March 18, full Committee, hearing on security devel- drug cartels, 10:30 a.m., SD–226. opments in the areas of responsibility of the U.S. South- ern Command, Northern Command, Africa Command, House Committees and Joint Forces Command, 10 a.m., 2118 Rayburn. Committee on Appropriations, March 16, Subcommittee March 18, Subcommittee on Military Personnel and on Defense, executive, Select Intelligence Oversight the Subcommittee on Readiness, joint hearing on Medical Panel: Afghanistan, 5 p.m., H–140 Capitol. Infrastructure: Are Health Affairs/TRICARE Management March 17, Subcommittee on Commerce, Justice, Activity Priorities Aligned with Service Requirements? 2 Science, and Related Agencies, on Status of Climate p.m., 2118 Rayburn. Change Science, 10 a.m., H–309 Capitol. March 19, Subcommittee on Oversight and Investiga- March 17, Subcommittee on Defense, on Military Per- tions, hearing on the Project on National Security Re- sonnel-Air Force, 10 a.m., H–104 Capitol. form: Commentary and Alternative Views, 1 p.m., 2212 March 17, Subcommittee on Energy and Water Devel- Rayburn. opment, and Related Agencies, on Nuclear Weapons Committee on the Budget, March 17, hearing on Budg- Complex, 1 p.m., 2362–B Rayburn. eting for Transportation: Financing Investments in High- March 17, Subcommittee on Homeland Security, on ways and Mass Transit, 10 a.m., 210 Cannon. Interoperable Communications, 10 a.m., 2359 Rayburn. March 18, hearing on Department of Defense Fiscal March 17, Subcommittee on Legislative Branch, on Year 2010 Budget, 10 a.m., 210 Cannon. Kickoff Meeting, 3 p.m., H–144 Capitol. March 18, to continue Members’ Day—Part Two, 2 March 18, Subcommittee on Commerce, Justice, p.m., 210 Cannon. Science and Related Agencies, on Critical On-going Sat- Committee on Education and Labor, March 17, hearing on ellite Climate Change Datasets, 10 a.m., and 2 p.m., The Importance of Early Childhood Development, 10 H–309 Capitol. a.m., 2175 Rayburn. March 18, Subcommittee on Defense, on Military Per- March 19, Subcommittee on Early Childhood, Elemen- sonnel-Army, 10 a.m., and on NORTHCOM, 1:30 p.m., tary and Secondary Education, hearing on Improving on H–140 Capitol. Improving Early Childhood Development Policies and March 18, Subcommittee on Labor, Health and Human Practices, 10 a.m., 2175 Rayburn. Services, Education and Related Agencies, on Public Wit- Committee on Energy and Commerce, March 17, Sub- nesses, 10 a.m., and 2 p.m., 2358C Rayburn. committee on Health, hearing on Making Health Care March 18, and 19, Subcommittee on Transportation, Work for American Families: Ensuring Affordable Cov- Housing and Urban Development, and Related Agencies, erage, 10 a.m., 2123 Rayburn. on Livable Communities, Transit Oriented Development March 17, Subcommittee on Commerce, Trade, and & Incorporating Green Building Practices into Federal Consumer Protection, hearing on Stimulating the Econ- Housing and Transportation Policy, 2 p.m., 2359 Ray- omy through Trade: Examining the Role of Export Pro- burn on March 18, and 10 a.m., 2358–A Rayburn on motion, 10 a.m., 2322 Rayburn. March 19. March 18, Subcommittee on Energy and Environment, March 19, Subcommittee on Commerce, Justice and hearing on Competitiveness and Climate Policy: Avoiding Science, and Related Agencies, on Climate Satellite Re- Leakage of Jobs and Emissions, 9:30 a.m., 2123 Rayburn. quirements and NASA and NOAA Programs, 10 a.m., March 19, Subcommittee on Oversight and Investiga- H–309 Capitol. tions, hearing entitled ‘‘The Salmonella Outbreak: The March 19, Subcommittee on Defense, on AFRICOM, Role of Industry in Protecting the Nation’s Food Sup- 10 a.m., and on Military Personnel-Navy/Marine Corps, ply,’’ 10 a.m., 2123 Rayburn. 1:30 p.m., H–140 Capitol. Committee on Financial Services, March 17, hearing enti- March 19, Subcommittee on Financial Services, and tled ‘‘Perspectives on Regulation of Systemic Risk in the General Government, on The Judiciary Fiscal Year 2010 Financial Services Industry,’’ 10 a.m., 2128 Rayburn. Budget, 10 a.m., 2220 Rayburn. March 18, Subcommittee on Capital Markets, Insur- March 19, Subcommittee on Homeland Security, on ance and Government Sponsored Enterprises, hearing en- Biometric Identification, 10 a.m., 2362–B Rayburn. titled ‘‘American International Group’s Impact on the

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Global Economy: During and After Federal Intervention,’’ March 19, Subcommittee on National Parks, Forests 10 a.m., 2128 Rayburn. and Public Lands, oversight hearing on Restoring the March 19, Subcommittee on Financial Institutions and Federal Public Lands Workforce, 10 a.m., 1324 Long- Consumer Credit, hearing on the following bills: H.R. worth. 627, Credit Cardholders’ Bill of Rights Act of 2009; and Committee on Science and Technology, March 17, hearing H.R. 1456, Consumer Overdraft Protection Fair Practice on New Directions for Energy Research and Development Act of 2009, 2:30 p.m., 2128 Rayburn. at the U.S. Department of Energy, 10 a.m., 2318 Ray- March 19, Subcommittee on Housing and Community burn. Opportunity, hearing entitled ‘‘Examining the Home Af- March 19, Subcommittee on Investigations and Over- fordable Program,’’ 10 a.m., 2128 Rayburn. sight, hearing on Follow the Money: Accountability and Committee on Foreign Affairs, March 18, hearing on Transparency in Recovery Act Science Funding, 10 a.m., Striking the Appropriate Balance: The Defense Depart- 2318 Rayburn. ment’s Expanding Role in Foreign Assistance, 10 a.m., Committee on Small Business, March 18, hearing entitled 2172 Rayburn. ‘‘The Administration’s FY Year 2010 Budget and Medi- March 18, Subcommittee on Western Hemisphere, care: How Will Small Providers be Impacted?’’ 1 p.m., hearing on Guns, Drugs and Violence: The Merida Initia- 2360 Rayburn. tive and the Challenge in Mexico, 2 p.m., 2172 Rayburn. Committee on Transportation and Infrastructure, March 18, March 19, Subcommittee on Asia, The Pacific and the Subcommittee on Aviation, hearing on ATC Moderniza- Global Environment, hearing on H. Con. Res. 55, Recog- tion and NextGen: Near-Term Achievable Goals, 10 nizing the 30th anniversary of the Taiwan Relations Act, a.m., 2167 Rayburn. 1 p.m., 2172 Rayburn. March 19, Subcommittee on Water Resources and En- Committee on Homeland Security, March 17, Sub- vironment, hearing on the Efforts to Address Urban committee on Emergency Communications, Preparedness Stormwater Runoff, 10 a.m., 2167 Rayburn. and Response, hearing on PKEMRA Implementation: An Committee on Veterans’ Affairs, March 19, Subcommittee Examination of FEMA’s Preparedness and Response Mis- on Health, to mark up H.R. 1377, to amend title 38, sion, 10 a.m., 311 Cannon. United States Code, to expand veterans eligibility for re- March 18, Subcommittee on Intelligence, Information imbursement by the Secretary of Veterans Affairs for Sharing and Terrorism Risk Assessment, hearing on emergency treatment furnished in a non-Department fa- Homeland Security Intelligence: Its Relevance and Limi- cility, followed by a hearing on Closing the Health Gap tations, 10 a.m., 311 Cannon. of Veterans in Rural Areas: Discussion of Funding and March 18, Subcommittee on Transportation Security Resources Coordination, 10 a.m., 334 Cannon. and Infrastructure Protection, hearing entitled ‘‘100% Air March 19, Subcommittee on Economic Opportunity, to Cargo Screening: Can We Secure America’s Skies?’’ 2 mark up the following bills: H.R. 228, to direct the Sec- p.m., 311 Cannon. retary of Veterans Affairs to establish a scholarship pro- March 19, Subcommittee on Border, Maritime and gram for students seeking a degree or certificate in the Global Counterterrorism, hearing entitled ‘‘Human Traf- areas of visual impairment and orientation and mobility; ficking: Recent Trends,’’ 10 a.m., 311 Cannon. H.R. 466, Wounded Veteran Job Security Act; H.R. Committee on the Judiciary, March 19, Subcommittee on 1088, Mandatory Veteran Specialist Training Act of Immigration, Citizenship, Refugees, Border Security and 2009; H.R. 1089, Veterans Employment Rights Realign- International Law, hearing on the Treatment of Latin ment Act of 2009; and H.R. 1171, Homeless Veterans Americans of Japanese Descent, European Americans, and Reintegration Program Reauthorization Act of 2009, 1 Jewish Refugees During World War II, 12 p.m., 2237 p.m., 340 Cannon. Rayburn. Committee on Ways and Means, March 17, Subcommittee Committee on Natural Resources, March 17, Subcommittee on Health, hearing on MedPAC’s Annual March Report on Energy and Mineral Resources, oversight hearing enti- to the Congress on Medicare Payment Policy, 10 a.m., tled ‘‘Leasing and Development of Oil and Gas Resources 1100 Longworth. on the Outer Continental Shelf,’’ 10 a.m., 1324 Long- March 19, Subcommittee on Oversight, hearing on worth. Troubled Asset Relief Program (TARP) and Oversight of March 18, full Committee, hearing on the following Federal Borrowing and the Use of Federal Monies, 10 bills: H.R. 31, Lumbee Recognition Act; and H.R. 1385, a.m., 1100 Longworth. Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2009, 10 a.m., 1324 Longworth. Joint Meetings March 19, Subcommittee on Insular Affairs, Oceans Joint Hearing: March 18, Senate Committee on Vet- and Wildlife, hearing on H.R. 1080, Illegal, Unreported, erans’ Affairs, to hold joint hearings to examine the legis- and Unregulated Fishing Enforcement Act of 2009, 10 lative presentation of the Veterans of Foreign Wars, 9:30 a.m., 1324 Longworth. a.m., 334, Cannon Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, March 16 12:30 p.m., Monday, March 16

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 3 p.m.), Senate will resume consideration of the motion to proceed to consideration of H.R. 146, Revolutionary War and War of 1812 Battlefield Protection Act, and after a period of debate, vote on the motion to invoke cloture thereon at 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Gordon, Bart, Tenn., E648 Paul, Ron, Tex., E650, E653, E655, E657, E659, E659, Graves, Sam, Mo., E648 E665 Altmire, Jason, Pa., E648 Harman, Jane, Calif., E658 Poe, Ted, Tex., E651, E659 Bilirakis, Gus M., Fla., E658 Hastings, Alcee L., Fla., E662, E664 Putnam, Adam H., Fla., E651, E665 Bishop, Rob, Utah, E649 Higgins, Brian, N.Y., E647 Radanovich, George, Calif., E654 Brown, Henry E., Jr., S.C., E664 Hinojosa, Rube´n, Tex., E650, E654 Rahall, Nick J., II, W.Va., E653 Burton, Dan, Ind., E652 Johnson, Timothy V., Ill., E652 Butterfield, G.K., N.C., E661 Kilroy, Mary Jo, Ohio, E649 Rogers, Mike, Ala., E659 Coffman, Mike, Colo., E655 Klein, Ron, Fla., E651, E665 Sessions, Pete, Tex., E648 Connolly, Gerald E., Va., E647, E655, E659, E662, E666 Latham, Tom, Iowa, E647, E650, E665 Sires, Albio, N.J., E661 DeLauro, Rosa L., Conn., E662 McCarthy, Carolyn, N.Y., E661 Skelton, Ike, Mo., E656 Duncan, John J., Jr., Tenn., E664 McCarthy, Kevin, Calif., E648 Smith, Adrian, Nebr., E654 Forbes, J. Randy, Va., E653 Maloney, Carolyn B., N.Y., E651, E656, E657, E661, Smith, Christopher H., N.J., E647, E666 Fortenberry, Jeff, Nebr., E654 E663 Smith, Lamar, Tex., E663 Garrett, Scott, N.J., E651 Massa, Eric J.J., N.Y., E657 Stark, Fortney Pete, Calif., E653 Gerlach, Jim, Pa., E648 Mitchell, Harry E., Ariz., E657 Waters, Maxine, Calif., E656 Gingrey, Phil, Ga., E658 Moore, Gwen, Wisc., E662

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